Shari’ah intelligence: The Basic Principles and Objectives of Islamic Jurisprudence
Author: Da'wah Institute Publisher: Islamic Education Trust Published: January 1, 2019 ISBN: 978-978-54888-5-2 Pages: 451 More DetailsShari’ah Intelligence: The Basic Principles and Objectives of Islamic Jurisprudence, published by the Da’wah Institute of Nigeria, presents an introductory framework combining the methodology of extracting legal rulings (Usul al-Fiqh) with the higher aims of divine law (Maqasid al-Shari’ah). The work provides readers with the analytical tools needed to understand scholarly disagreement, evaluate fatwas, and apply Islamic principles flexibly to contemporary realities.
Core Structure of Shari’ah Rulings The text categorizes Islamic legal rulings (Al-Ahkam al-Shar’iyyah) into two primary domains:
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Defining Law (Al-Hukm al-Taklifi): Governs the scope of human action across five main categories: Fard/Wajib (obligatory), Mustahab/Mandub (recommended), Mubah/Ja’iz (permissible), Makruh (discouraged), and Haram (prohibited). (Hanafi jurisprudence expands this to seven by distinguishing between levels of certainty).
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Declaratory Law (Al-Hukm al-Wad’i): Sets out the underlying causes (sabab / ‘illah), conditions (shart), and hindrances (mani’) that determine whether a defining law is applicable in a given context.
Sources of Evidentiary Law (Adillah) The book examines the 12 primary and secondary sources used in ijtihad (juristic reasoning):
| Category | Legal Sources & Jurisprudential Tools |
| Primary Sources (Agreed in principle) |
• Qur’an: The divine text (qat’i in authenticity). • Sunnah: Prophetic traditions & practices. |
| Consensus & Analogy |
• Ijma’: Scholarly consensus. • Qiyas: Analogical reasoning based on a shared legal cause (‘illah). |
| Contextual & Supplementary Tools |
• Ra’i al-Sahabi: Verdicts of the Prophet’s Companions. • ‘Urf & Aadat: Customary practices and cultural norms. • Istishab: Presumption of continuity of the status quo. • ‘Amal Ahl al-Madinah: Historical practice of the people of Medina. • Shar’u Man Qablana: Pre-Islamic revealed laws upheld in text. • Al-Masalih Al-Mursalah: Unstated public interest/welfare. • Istihsan: Juristic discretion to prevent hardship or injustice. • Sadd al-Dhara’i’: Blocking lawful means that lead to unlawful ends. |
Historical Evolution & Epistemology
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Three Eras of Development: Traces Islamic jurisprudence from the Sam’i (eyewitnesses/Companions), to the Jam’i (collectors/Successors), to the formalization of Usul al-Fiqh under scholars like Imam al-Shafi’i.
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Degrees of Certainty: Distinguishes between text that is Qat’i (definitive/certain) versus Zanni (probative/speculative) in both text transmission (thubut) and text interpretation (dilalah).
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Maqasid as a Compass: Positioned as an essential guide for Usul al-Fiqh to ensure rulings preserve core values—life, intellect, lineage, property, and faith—rather than adhering rigidly to literalism at the expense of justice and mercy.
By outlining these foundational concepts, the text promotes intellectual humility, ethical disagreement, and a balanced approach that harmonizes revelation with reason in resolving modern social and legal issues.