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PART
I
DEFINITION AND CLASSIFICATION
OF ISLAMIC JURISPRUDENCE
Article 1. The science of
Islamic jurisprudence consists of a knowledge
of the precepts of the Divine Legislator in
their relation to human affairs.
The questions of Islamic
jurisprudence either concern the next world,
being known as rules relating to worship,
or to this world, being divided into sections
dealing with domestic relations, civil obligations
and punishments. Thus God decreed the continuation
of the world until the appointed time. This,
however, can only occur by mankind being perpetuated
which is dependent upon marriage of male and
female with a view to procreation. Moreover,
the continuation of the human species is assured
by individuals associating together. Man,
however, in view of the weakness of his nature
is dependent upon food, clothing, housing
and the industries for his subsistence. In
other words, in view of the fact that man
is a civilized being, he cannot live in solitude
like the other animals, but is in need of
co-operation and association in work with
his fellow men in order to live in a state
of Civilization. Every person, however, asks
for the things which he likes and avoids things
which are disagreeable to him. As a result,
it has been necessary to establish laws of
a nature likely to maintain order and justice
as regards marriage, mutual help and social
relations, which are the basis of all civilization.
The first division of
Islamic
jurisprudence is the section dealing with
domestic relations. The second is the section
dealing with civil obligations. In view of
the fact that the continuance of civilization
on this basis necessitates the drawing up
of certain matters relating to punishments
the third section of Islamic jurisprudence
deals with punishments.
As regards the section dealing
with civil obligations, the questions which
are of the most frequent occurrence have been
collected together from reliable works and
set out in this Code in the form of Books.
These Books have been divided into Chapters
and the Chapters into Sections. The questions
of detail which will be applied in the Courts
are those questions which are set out in the
following Chapters and Sections. Muslim jurists,
however, have grouped questions of Islamic
jurisprudence under certain general rules,
each one of which embraces a large number
of questions and which, in the treatises on
Islamic jurisprudence, are taken as justification
to prove these questions. The preliminary
study of these rules facilitates the comprehension
of the questions and serves to fix them in
the mind. Consequently, ninety nine rules
of Islamic jurisprudence have been collected
together as follows, before commencing on
the main work and form Part II.
Although a few of them, taken
alone, admit of certain exceptions, their
general application is in no way invalidated
thereby, since they are closely interrelated.
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