Chapter: 1
Introduction:
Islamic law is a highly intricate system and collection of laws that are there in different parts of the world. The
system of Islamic law is widely spread in the contemporary world in different forms and ways. In some parts of
the world, the overall legal system is Islamic in entirety like Saudi Arabia and there are some countries that are
implementing Islamic law only on the Muslim population like India, South Africa, and Singapore.
What does Islamic Law mean?
As there are various legal systems that are working in the world today and among these legal systems one of the
major legal systems is Islamic law. Islamic law as a legal system is working in different countries and regions
of the World such as Asia, Africa, and the Middle East. Apart from these regions Islamic law also has a strong
influence on the Muslim communities that are living in the European region as they are acting in accordance
with Islamic law in their daily lives, especially family laws. There remains confusion or debate about Islamic
law whether it is a proper codified legal system or just having some rules of ethics based on religion Islam.
Islamic law is a complete system of law that has its principles, methods, and proper sources along with
specified terms and usage. It is basically named Shari'ah law. Islamic law is having all the characteristics of a
legal system with its theoretical, practical, and substantive aspects. Islamic law is not only based on certain
legal theories of jurisprudence rather it is a complete legal system that needs to be understood with all of its
three aspects. Islamic law also includes certain areas of the past that European lawyers of English law rarely
study or understand.
Islamic law has having Quran and Sunnah as its basic foundation but it also embodies the overall religion of
Islam. There are chances of some difference in rulings and decisions on particular issues in Islamic law but a
separation of Islamic law and religion Islamic law is almost impossible. The base of modern English law is on
secularism but Islamic law and its nature is totally opposite to secularism. Islamic law and the overall Islamic
legal system are not comprehendible without digging out its religious nature as far as its very sources are
concerned.
A Study of Religion as much as Law:
The study of Islamic law is different from other legal systems such as English law where there are legislations
and case laws and there is unlimited secondary material and writings for understanding. In Islamic law, there
are traditional religious sources to understand it which are the Quran and Sunnah instead of legislations. Along
with these two very basic and primary sources of Islamic law, there are also a source of understanding which
are jurisprudential sources that result in providing a complete understanding of the emergence of Islamic law.
English law is the study of law that is applied by English courts but Islamic law does not include the legal
,system of specific countries rather it is based on certain fundamental principles developed during the course of
history by different schools of Islamic jurisprudence.
, Chapter # 2
Introduction to Islamic Law:
To grasp the meaning and understanding of Islamic Law it is indispensable to review the history of Islam. The
features and characteristics of Islamic Law can be best explained by carefully looking at the beginning of Islam.
Islamic Law is generally termed as Shari'ah which has its meaning as "the path" although this term is used to
refer to different things in varying contexts. Along with this the Jurisprudence or the study of Islamic law is
termed as Fiqa which is meant as understanding.
Islamic Law in the Modern Age:
Islamic Law has maintained its influence and relevance in contemporary times and is influencing many
domestic and international legal systems most significantly in the countries of the world having a major portion
of their population as Muslims termed as Muslim World. In the countries with the Muslim majority Islamic law
is the base of the legal systems although with the changing needs and development law is reformed and
codified accordingly. Three Islamic countries of the World are officially named as Islamic Republics including
Pakistan, Iran, and Afghanistan. Other Muslim countries including Saudi Arabia, Maldives, Morocco, and
Libya have their constitutions with the provisions declaring Islam as the state religion, and the whole legal
system of these countries is necessarily required to be in accordance with the Islamic Law. There are certain
countries which are allowing Muslims to follow Family law under Islamic law. India is an example with no
state religion India is allowing its Muslim Population to be governed under the Family laws of Islam. In
different countries such as the Philippines and Singapore, Islamic law is applicable to the personal matters of
the Muslim minority. Malaysia is an Islamic country with a mixed legal system but Islamic law is applicable
and implemented in Family law and there are different Islamic courts or Shria'ah courts that are there to deal
with the violations of Islamic laws. Nigeria is a Muslim-majority country but does not have Islam as the state
religion and the legal system is mixed with the application of Islamic law in a few personal matters and
criminal offenses. These all-Muslim states are trying to strengthen and re-introduce Islamic law in their
jurisdiction.
Sharia'ah's Role in International Law:
Islamic law of nations is how an Islamic state regulates its relations with a non-Islamic state. This is not entirely
a distinct category rather it is the result of the expansion of the laws of Islam to the international relations of
Islamic and non-Islamic states. Islam and Islamic law are based on universalist principles and the Islamic law
of nations is majorly related to the expansionist phase of Islam with a major focus on the laws and rules of War
, situations but it also has rules of the Pacific time period. The basis of these laws and rules are basically the
Quran and Sunnah along with that of the specific situations and need of time.
The most basic idea of Islamic law governing international relations is the idea or the concept of Ummah which
includes Muslims all over the world with the capability to transform in the whole mankind. On a realistic basis,
there was a larger population of the world that was not Muslim. Hence the area where Muslims were in
majority was dubbed as territory of Islam and all the remaining areas were dubbed as territory of war rulers had
a responsibility to convert the territory of war into territory of Islam during a war-prone situation. There is an
addition of a third category by the Shafi school of thought of Islamic law by the name of the territory of
peaceful arrangement where there were agreements for peaceful existence with the territory of war on a
temporary basis until it becomes part of ummah.
Conversion of a state of war into a state of Islam can be done through warfare or Jihad but it is not the only
option for making a territory part of the Islamic empire there were several peaceful means and persuasive ways
to expand the territory of Islam. Jihad is majorly based on the protection of Islam, not on the propagation of its
purpose. Along with it the territory of Islam does not mean coercion for non-Muslim or Non-Muslim is not
allowed to live. In Muslim states, non-Muslims are not only allowed to practice their religion but special
protection is also provided to them by the state. Recently, in the 21st century Muslim world has also been
divided into various states with reciprocity and equality. According to the contemporary circumstances, there is
a need for peaceful co-existence of the Muslim world and with other nations of the world. Peaceful co-
existence is highlighted in Islam which is highly in conformity with international law. However, there are
various extremist factors in Islamic states acting as a barrier to this purpose to be fulfilled.
Arabia Prior to Islam:
Before the introduction of Islam in Arabia there were no specified rules and regulations rather there were
certain Trible communities that had their own set of customs and these all customs were binding on the
members of the tribe and the survival of individuals was almost impossible outside the tribe. These customary
laws were the source of regulation. Along with this, there were certain traders who used to have relations with
Arabia and they had their own set rules for trade.
Early Islamic Time Period:
With the revelation of God on the Prophet there was a proper foundation of an Islamic or Muslim community in
Mecca. People of Arabia who belonged to different tribes were converted to Islam and customary laws were
changed with the Islamic law. These changes in the customary laws are most evident in the law of marriage and
subsequently in the law of homicide. Muhammad received the message of God and started propagation of Islam
from family to the other tribes and was the target of people. Being the target of various punishments and
persecution, the Muslim community migrated from Mecca to Medina and the Islamic calendar was started.
After the death of Prophet Abubakar became the first Caliph and expanded the Islamic empire to Egypt
Introduction:
Islamic law is a highly intricate system and collection of laws that are there in different parts of the world. The
system of Islamic law is widely spread in the contemporary world in different forms and ways. In some parts of
the world, the overall legal system is Islamic in entirety like Saudi Arabia and there are some countries that are
implementing Islamic law only on the Muslim population like India, South Africa, and Singapore.
What does Islamic Law mean?
As there are various legal systems that are working in the world today and among these legal systems one of the
major legal systems is Islamic law. Islamic law as a legal system is working in different countries and regions
of the World such as Asia, Africa, and the Middle East. Apart from these regions Islamic law also has a strong
influence on the Muslim communities that are living in the European region as they are acting in accordance
with Islamic law in their daily lives, especially family laws. There remains confusion or debate about Islamic
law whether it is a proper codified legal system or just having some rules of ethics based on religion Islam.
Islamic law is a complete system of law that has its principles, methods, and proper sources along with
specified terms and usage. It is basically named Shari'ah law. Islamic law is having all the characteristics of a
legal system with its theoretical, practical, and substantive aspects. Islamic law is not only based on certain
legal theories of jurisprudence rather it is a complete legal system that needs to be understood with all of its
three aspects. Islamic law also includes certain areas of the past that European lawyers of English law rarely
study or understand.
Islamic law has having Quran and Sunnah as its basic foundation but it also embodies the overall religion of
Islam. There are chances of some difference in rulings and decisions on particular issues in Islamic law but a
separation of Islamic law and religion Islamic law is almost impossible. The base of modern English law is on
secularism but Islamic law and its nature is totally opposite to secularism. Islamic law and the overall Islamic
legal system are not comprehendible without digging out its religious nature as far as its very sources are
concerned.
A Study of Religion as much as Law:
The study of Islamic law is different from other legal systems such as English law where there are legislations
and case laws and there is unlimited secondary material and writings for understanding. In Islamic law, there
are traditional religious sources to understand it which are the Quran and Sunnah instead of legislations. Along
with these two very basic and primary sources of Islamic law, there are also a source of understanding which
are jurisprudential sources that result in providing a complete understanding of the emergence of Islamic law.
English law is the study of law that is applied by English courts but Islamic law does not include the legal
,system of specific countries rather it is based on certain fundamental principles developed during the course of
history by different schools of Islamic jurisprudence.
, Chapter # 2
Introduction to Islamic Law:
To grasp the meaning and understanding of Islamic Law it is indispensable to review the history of Islam. The
features and characteristics of Islamic Law can be best explained by carefully looking at the beginning of Islam.
Islamic Law is generally termed as Shari'ah which has its meaning as "the path" although this term is used to
refer to different things in varying contexts. Along with this the Jurisprudence or the study of Islamic law is
termed as Fiqa which is meant as understanding.
Islamic Law in the Modern Age:
Islamic Law has maintained its influence and relevance in contemporary times and is influencing many
domestic and international legal systems most significantly in the countries of the world having a major portion
of their population as Muslims termed as Muslim World. In the countries with the Muslim majority Islamic law
is the base of the legal systems although with the changing needs and development law is reformed and
codified accordingly. Three Islamic countries of the World are officially named as Islamic Republics including
Pakistan, Iran, and Afghanistan. Other Muslim countries including Saudi Arabia, Maldives, Morocco, and
Libya have their constitutions with the provisions declaring Islam as the state religion, and the whole legal
system of these countries is necessarily required to be in accordance with the Islamic Law. There are certain
countries which are allowing Muslims to follow Family law under Islamic law. India is an example with no
state religion India is allowing its Muslim Population to be governed under the Family laws of Islam. In
different countries such as the Philippines and Singapore, Islamic law is applicable to the personal matters of
the Muslim minority. Malaysia is an Islamic country with a mixed legal system but Islamic law is applicable
and implemented in Family law and there are different Islamic courts or Shria'ah courts that are there to deal
with the violations of Islamic laws. Nigeria is a Muslim-majority country but does not have Islam as the state
religion and the legal system is mixed with the application of Islamic law in a few personal matters and
criminal offenses. These all-Muslim states are trying to strengthen and re-introduce Islamic law in their
jurisdiction.
Sharia'ah's Role in International Law:
Islamic law of nations is how an Islamic state regulates its relations with a non-Islamic state. This is not entirely
a distinct category rather it is the result of the expansion of the laws of Islam to the international relations of
Islamic and non-Islamic states. Islam and Islamic law are based on universalist principles and the Islamic law
of nations is majorly related to the expansionist phase of Islam with a major focus on the laws and rules of War
, situations but it also has rules of the Pacific time period. The basis of these laws and rules are basically the
Quran and Sunnah along with that of the specific situations and need of time.
The most basic idea of Islamic law governing international relations is the idea or the concept of Ummah which
includes Muslims all over the world with the capability to transform in the whole mankind. On a realistic basis,
there was a larger population of the world that was not Muslim. Hence the area where Muslims were in
majority was dubbed as territory of Islam and all the remaining areas were dubbed as territory of war rulers had
a responsibility to convert the territory of war into territory of Islam during a war-prone situation. There is an
addition of a third category by the Shafi school of thought of Islamic law by the name of the territory of
peaceful arrangement where there were agreements for peaceful existence with the territory of war on a
temporary basis until it becomes part of ummah.
Conversion of a state of war into a state of Islam can be done through warfare or Jihad but it is not the only
option for making a territory part of the Islamic empire there were several peaceful means and persuasive ways
to expand the territory of Islam. Jihad is majorly based on the protection of Islam, not on the propagation of its
purpose. Along with it the territory of Islam does not mean coercion for non-Muslim or Non-Muslim is not
allowed to live. In Muslim states, non-Muslims are not only allowed to practice their religion but special
protection is also provided to them by the state. Recently, in the 21st century Muslim world has also been
divided into various states with reciprocity and equality. According to the contemporary circumstances, there is
a need for peaceful co-existence of the Muslim world and with other nations of the world. Peaceful co-
existence is highlighted in Islam which is highly in conformity with international law. However, there are
various extremist factors in Islamic states acting as a barrier to this purpose to be fulfilled.
Arabia Prior to Islam:
Before the introduction of Islam in Arabia there were no specified rules and regulations rather there were
certain Trible communities that had their own set of customs and these all customs were binding on the
members of the tribe and the survival of individuals was almost impossible outside the tribe. These customary
laws were the source of regulation. Along with this, there were certain traders who used to have relations with
Arabia and they had their own set rules for trade.
Early Islamic Time Period:
With the revelation of God on the Prophet there was a proper foundation of an Islamic or Muslim community in
Mecca. People of Arabia who belonged to different tribes were converted to Islam and customary laws were
changed with the Islamic law. These changes in the customary laws are most evident in the law of marriage and
subsequently in the law of homicide. Muhammad received the message of God and started propagation of Islam
from family to the other tribes and was the target of people. Being the target of various punishments and
persecution, the Muslim community migrated from Mecca to Medina and the Islamic calendar was started.
After the death of Prophet Abubakar became the first Caliph and expanded the Islamic empire to Egypt
