Entrance To Study Islamic Law

(Almadkhal Lidirasat Alsharieat Al'iislamia)

This book authorship by Sheikh in the year 1379 AH - 1960 AD, and it is the first book he authored, it was decided upon by students of the Faculty of Law at the University of Baghdad and after that it spread in various universities around the world as a course on students of Sharia and legal studies, the book is located in (464) pages and printed in numerous editions.

The sheikh says about this book:

The human meeting is necessary, as the scholar Ibn Khaldun says in his introduction, which is what the wise men express when they say: Man is a civil, of course That is, he must meet and live with his gender, and what Ibn Khaldun went to is the truth, and reality supports it. Man is born in society and does not live without it. The conception of a person outside society is a form of illusion and imagination that has no reality outside. This coexistence inevitably leads to transactions and relationships between individuals and the resulting disputes, just as the individual in the community cannot enjoy absolute freedom because this contradicts the freedoms of others and leads to a continuous quarrel that is only behind the annihilation of society. There must be rules that limit these absolute freedoms and organize these relationships so that everyone can live in safety and prepare for society the path of survival and stability, and these rules are the law, so the law is necessary for society, just as society is necessary for the human being, and that is why society in the past and present has not been devoid of rules governing individual relationships Between them and their relations with society, their rights, duties and the extent of their freedoms are determined in some way.

The law may be in the form of customs, traditions and customs to which everyone is subject, and it may be in the form of an order and forbidding issued by a obedient person as head of a tribe or a king, and it may be in the form of rules and orders issued by a body empowered by society to issue the law and this type of law in its various forms comes from people. It is a statutory law. And there are laws whose source is not human, but rather the creator of mankind, and these are the divine or divine laws, and humans have known these two types of laws: man-made laws, which are from man’s development and his making, and heavenly laws, which are made by Allah and his revelation.

The basis for justifying the revelation of the heavenly laws is based on the idea of ​​(the Creator). The universe, and what is in it and in it, is a creature of a great Creator, Allah Almighty, and one of the requirements of Allah’s wisdom, mercy and deity is to prepare for every creature what he needs and fits his nature and fixes his condition and achieves the purpose for which he was created and man is the perfect creature. He needs guidance from his Creator and an introduction to his relationships with the universe and the purpose for which he created and clarifies the milestones of life, the rules of behavior in society, and the wisdom of Allah refuses to leave a person in vain without guidance for the path of truth nor a statement of the rules of behavior, and whoever thinks that is in a grave error, the Almighty said

( أَيَحْسَبُ الْإِنسَانُ أَن يُتْرَكَ سُدًى )

(Does man think that he will be left neglected) that is: it is neither commanded nor terminated, as Al-Shafi’i said, and the order and prohibition is nothing but an explanation of the methods of behavior in life and the rules for organizing various human affairs, and this is the law.

The divine laws were sealed with the Islamic law that Allah revealed to His Messenger Muhammad and he communicated them to the people, and its rulings and rules are comprehensive for all aspects of life and regulate all relationships, whether this relationship is between the individual and his Lord, between the individual and the individual, or between the individual and the group, or between the group and the group, it is rightly a religion and a state.

This Sharia had absolute legal sovereignty in the Islamic community, so the state was established on its basis and organized the affairs of society according to its principles and rules. The rights and duties of individuals were defined in accordance with its provisions and regulations, and no matter of life was deviated from its ruling. People were happy with it. And justice and preservation of their legitimate rights and interests, then the Sharia contracted in application and its isolation from the realities of life until the matter ended up not being applied in most Islamic countries except in family ties (personal status) and a few financial transactions. There is no doubt that this fate, which the Sharia has become, is due to many factors and reasons that cooperated and combined and led to this result, and there is no point in explaining and detailing it.

Despite all this, we believe that the future is for Sharia and that legal sovereignty will be in it in a not too distant day for the following reasons:

First: The application of Islamic law is considered in the eyes of Muslims to be a religion and part of their belief, and that is why they are keen to apply the rulings of their Sharia and they call for that on the tongues of their writers and scholars, and some of the leaders of the opinion and those concerned with the law have begun to participate in this call, and it is most likely that governments will fulfill this desire and respond to this call.

Second: The law in every nation is considered a part of its conscience, a mirror of its hopes, a guarantee of its faith and interests, a stable of its traditions, ideals and ideas in life and what it aspires to and wants in the future, and the law that is intended for survival and the nation is satisfied with it is in which these meanings and the like are fulfilled and Islamic law is the only one that is fulfilled It has these meanings for the countries of Islam at least, and then it is natural, reasonable and compatible with the requirements of matters and the interest of the nation for Sharia to be the law of these countries and the basis for all legalization therein.

Third: The Islamic Sharia, regardless of whether it is a religion valid for every time and place, is not restricted by the needs of people and the new conditions and affairs of theirs and it fulfills their legitimate interests. In the West in law, Islamic Sharia is considered a source of general legislation, that it is a living, flexible law that can develop, and that it stands alone and not taken from others. The International Lawyers Conference held in The Hague in 1948 AD decided the following decision: (In recognition of the flexibility and significance of Islamic legislation Important The International Bar Association should adopt and encourage the comparative study of this legislation .... When we mention this testimony from Western scholars, it does not mean that we are in doubt about the goodness of our Sharia, or that we need a testimony from others on this goodness, but rather we mention it by way of seeking guidance, because the validity of the law is derived from itself and the nature of its provisions and regulations, neither from praise of the mutineers nor from praise of the praise.

  What hastens the realization of what we expect and hope for the return of Sharia to its previous legal sovereignty is the rise of jurisprudence to study Sharia and clarify its principles, rules and provisions, and fulfill the needs of society in a new style, modern approach and palatable language. We glimpse the signs of this renaissance looming on the horizon and expanding day by day, and from the manifestations of this abundant production What scholars present in Egypt and other research in Sharia and a manifestation of its principles and purposes and a comparison with other laws and laws, as well as what we observe from some official institutions contributing to this jurisprudential renaissance, including the establishment of the Egyptian Ministry of Endowments to establish a Supreme Council for Islamic Affairs, one of whose purposes is to work to revive heritage Islamic law and its scientific output so that it can be used easily and to produce encyclopedias in various Islamic sciences, and this is in addition to the interest in the faculties of law and Sharia in Baghdad, Egypt, the Levant and others studying Islamic law, even if this study is limited to some of its aspects. And a useful way to study Sharia is the one that begins by providing a general introduction to it or a general introduction, i.e. (entrance) as is the case in the study of various sciences. There is an entrance to study law, an entrance to study economics, an entrance to study sociology, and so on. Iraqi rights for eight years, and the truth is that this approach in studying Sharia is of great benefit to the student because it gives him a general idea of ​​Sharia in terms of its nature, characteristics and advantages, and it also makes him brief in general about its sources, its history of its emergence, the legal systems that it came about, and the roles that the movement of Islamic legislation went through. What the student was so and absorbed was on The truth is that this approach to the study of Sharia is of great benefit to the student because it gives him a general idea of ​​Sharia in terms of its nature, characteristics and features. It also gives him a general briefing of its sources, its history of its emergence, the legal systems that came with it and the roles that the Islamic legislation movement went through. On The truth is that this approach to the study of Sharia is of great benefit to the student because it gives him a general idea of ​​Sharia in terms of its nature, characteristics and features. It also gives him a general briefing of its sources, its history of its emergence, the legal systems that came with it and the roles that the Islamic legislation movement went through. On Evidence from its terminology and the basic ideas in it, and thus it will be easy for him to understand it, and he will not find hardship nor much trouble if he wants to delve into the study of its details.

We have seen to divide this entry into two parts:

Section One

To speak about Islamic law, its characteristics, Islamic jurisprudence, its history, schools, and sources. This is preceded by an explanation of the social and legal status of Arabs before Islam.

Section Two

To study some of the legal systems that Islamic law came about, such as the property system, the contract system, the property theory, the contract system, or the contract theory and the crime and punishment theory, with a comparison of these systems with the positive legal systems.

And Allah, I ask that he help me to serve his law, that he hears the supplication and is loving.