Return to site

Halal: The different school of thoughts.

Does the different schools of thought differ greatly in their Halal science and law?

· Concept,Halal

Jurisprudence of Halal and Haram mainly comprises of sources and degrees of Halal and Haram, causes of Haram and a short introduction to the various schools of thought.

Sources of Halal and Haram Sources imply the means through which and from where the laws of Halal and Haram are derived.

The two kinds of law are (1) Primary and (2) Secondary.

These sources have the nature of command, authority and certainty. Anything proved or derived out of these sources is binding. Quran, Sunnah and Ijma are the primary sources.

1. Primary - Deduction of Law

Quran,

Qat’l ul dalalah:

  • A verses (also called Muhkam’at) which is definitive in its implication and interpretation and accepts no more interpretation. The law of Farz and the law of Haram are deducted from such verses.

Zanni ul dalalah:

  • A verse (also called Muawwal’at ) which is speculative in its implication and interpretation and accepts more than one interpretation. The laws of Wajib and Makrooh e Tehreemi are deducted from such kind of verses.

Sunnah,

Sunnah Qawliyah

  • It is defined as the sayings of the Holy Prophet Muhammad (PBUH). To become a source of law, the purpose of the saying should be the laying down of the law, like prophet PBUH forbade the consumption of predatory animals. 

Sunnah failiyah:

  • It is defined as the acts of the holy Prophet having a legal content like his prayers, fast, Hajj etc. The acts that don’t have a legal content do not become a source of law, like the continuous fasting of prophet PBUH without Iftar. [Sawm e Wisal] 

Sunnah taqririyah:

  • It is defined as the commission of certain acts by world or deed by some companions and the maintenance of silence by the holy prophet, like one of the companions ate mountain lizard before Him and He PBUH kept on watching.

Ijmaa,

Ijmaa means the consensus of majority opinion of the Muslim jurists at a particular time and a particular generation.

  • Due to the long period of this Ummah. 
  • Due to the extension of territory. 
  • Due to the rapid growth of Islam and the conversion of non-Arabs to Islam. 
  • To meet new challenges. 

Constitution of Ijmaa

  • Hanafi School is of the view that Ijmaa can be constituted through the public agreement of the Islamic jurists as they are the experts of the law. 
  • Shafie School is of the view that Ijmaa can be constituted through the agreement of the entire community, because they cannot agree on anything erroneous. 
  • Maliki School is of the view that Ijmaa can be constituted through the agreement amongst the people of Madina as Madina was the first capital of Islam. 
  • Hanbali School is of the view that Ijmaa can be constituted through the agreement amongst the companions of the prophet PBUH, as they were the most knowledgeable people of this Ummah. 

2. Secondary

Qiyas:

  • Extension of law from the original text to which the process is applied to a particular case.

Istihsan:

  • Juristic preference. It is Islamic law of equity, seeking ease and convenience, to adopt tolerance and moderation, overuling analogical reason if necessary.

Maslahat-e-Mursalah (Public Interest):

  • In the best interest of general public yet in accordance to source of Islamic ruling

Sadd-e-dharai:

  • Blocking the lawful means to an unlawful end. Islam is very sensitive regarding the commission of Haram.

Urf:

  • Means local customs and common and famous practices of society. Recognizing it as source of law. E.g issue of eating sea creatures.

Qawl-e-Sahabi (Companion’s opinion):

  • They are the most knowledgeable on religious matters and rightly guided. We can follow if we don’t find any solution.

Istishab:

  • Law of continuity. “Doubt cannot hurt certainty unless there is a solid proof.”

Previous scriptures:

  • Having faith in all the previous scriptures, but when the matter comes to exercise and practices, then Quran is the only choice for a Muslim.