In this post we are going to explain Ijma in Islam. Ijma is the third and secondary source of law which means “consensus”. It is an agreement among Muslims scholars upon a new raising issue. According to the need of the time, Allah gave sanction to Muslims to perform ijma because it is necessary to resolve to raise need of time. All schools of thought are agreed with this theory and perform as needed.
Islam is complete code of life. Islam is ‘Deen’ which mean complete in all aspects. Islamic law system is comprehensive and complete system which provides guidance in every aspect of the life. There are two basic fundamental sources of Islamic law or Sharia law are the Holy Quran and Sunnah of our beloved Prophet Muhammad (PBHH). All sects of Muslims whether Sunni or Shia or any other agree upon these two sources.
Sources of Islamic Law are given below in detail
Quran as primary and basic source of Islamic law
The Quran is the first and Basic source of Islamic law. Quran is book of Allah which is sent on Muhammad (PBHH) and even after 1400 years it is in its original form and not a single word is changed. Quran provides primary laws which are the fundamentals of Islamic law. It is without any doubt the most basic, uncontroversial and fundamental source of Islamic Sharia or Islamic Laws.
Sunnah as 2nd basic sources of Islamic law
The second basic source of Islamic laws is the Sunnah of our beloved Prophet Muhammad (PBUH). All the actions and saying of Holy Prophet is called Sunnah. Sunnah is also known as Hadis.
Mostly all rules are explained by Quraan and Sunnah but sometime there is no explanation of new created problem then Ijma is used to solve the new created problem. Ijma is 3rd basic source of Islamic Law. Basically Ijma means consensus or suggestion of people on particular issue when there is no guidance available from Holy Quran and Sun nah.
Ijtehad is the fourth source of Islamic jurisprudence. When something is not clear from the Holy Quran or Sun nah then deduction can be used. It is the process of deduction which is not to change the law of the text.
Qiyas is also the source of Islamic jurisprudence. We can compare it with legal fiction in western or urban Jurisprudence. It is based on Quran, Sunnah and Ijma. These above mentioned source are main source of Islamic law other source includes;
In law, it is difficult to define the concept of possession because there is no precise definition of possession. Possession means physical control over an object. It is factual as well as a legal concept. But, we can say that it is the physical custody, control, or occupancy of anything with a definite intention of ownership.
Possession means physical control over an object.
Kinds of Possession
Types of possessions according to the law are as follows:
De facto possession.
De jure possession.
Possession of a material or tangible object is called corporeal possession, thus it is continuing exercise of a claim on the use of material or tangible object. For Example House, car, cycle, pen, etc.
Incorporeal possession is the possession of intangible objects or non-material objects. Thus, it is continuing exercise of a claim on the use of a non-material or intangible object. For example Trademark, goodwill, patent, copyright, etc.
Mediate Possession or indirect possession
Possession of things through a mediator (middleman) like an agent, friend, or servant is called medicate possession. It is also called indirect possession. If a house owner let his house to a tenant. The tenant is bound to hand over the house to the owner of the house whenever he decides. So the owner of the house has the mediate possession of the house through the tenant.
Immediate Possession/direct possession
When a possessor himself possesses the thing, we call it immediate possession. For example: when anybody buys a pen from a shop and keep it for himself. The pen is in the immediate possession of himself.
When anybody gives his possession to anybody for any purpose is called constructive possession. For example when I give the key to my car to the driver. Here my driver was the constructive possessor of my car until he delivers me the key.
Adverse possession means the possession of some property or object, without legal title, for a specific time period, sufficient to become an acknowledged legal owner. For example Continuous use of private land or driveway or agricultural field of an unused piece of land.
De facto possession means the possession which exists in reality even if it is not legally recognized. For example, A common-law spouse can be considered as a de facto wife or de facto husband though they are not lawfully married, yet they live like a married couple.
De Jure Possession
De jure possessions are legally recognized possessions whether it exists in reality or not. It is also known as juridical possession meaning possession in the eyes of law. For example, An owner of the house could cease a man to live in a house but without intending and to abandon it for good. It is a case of De jure possession.
The word jurisprudence is derived from the Latin word ” jurisprudential” jurisprudential means skill in the law or knowledge of the law. Jurisprudence explains the fundamental legal principles. Jurisprudence is classified into different branches according to their approaches and purposes. Detail about different types of jurisprudence is given below with detail.
Kinds Of Jurisprudence:
jurisprudence is classified into four kinds these four kinds are (different types of jurisprudence)
Analytical jurisprudence analysis basic principles of law. It is not concerned with the last stages of its evolution. It is also not concerned with its goodness or badness. The purpose is to analyze the present position.
Jurists Related with Analytical School
The real founder of Analytical Jurisprudence was Jeremy Bentham. Later on, Austin took over the analytical method. Jeremy Bentham and Jon Austin both are known as the founder of analytical jurisprudence but the real founder was Jeremy Bentham.
Scope of Analytical Jurisprudence
The scope o Analytical jurisprudence is as follows
Analysis concept of law.
Examination of the relationship between civil law and other forms of law.
Analysis of the ideas of state, sovereignty and administration of justice.
Study of all sources of law.
Investigation of the theory of legislation, judicial precedents and customary law.
An inquiry into the scientific arrangement of law into distinct departments along with an analysis of distinctions on which the division is based.
Investigation legal liability in civil and criminal cases.
Examination of other relevant legal concepts.
Importance of Analytical Jurisprudence:
The analytical jurisprudence is very important in all fields of law. It gives us clear, definite and scientific terminology to understand.
It is the scientific study of evolution and the development of the principle of law. Historical jurisprudence is the history of the legal principles and conceptions of the legal system.
Jurists related to Historical jurisprudence
The historical jurists include Savigny, Montesquieu, Rousseau, etc.
Scope of Historical Jurisprudence
The scope of historical jurisprudence is as follows:
It deals with law as it appears in its various forms at its several stages of development.
Historical jurisprudence deals with the origin and development of those legal conceptions and principles.
This type deals to show the conditions that gave rise to the legal conceptions, to trace their spread and development, and to point out those conditions and influences which modifying them in the varying course of their existence.
Importance of historical jurisprudence:
Historical jurisprudence is important because the law cannot be understood without an appreciation of the Historical jurisprudence is a movement for fact against fancy.
Ethical jurisprudence is a branch of legal philosophy that approaches the law from the viewpoint of its ethical significance and adequacy. It deals with the purpose of law and the measure and manner in which that purpose is fulfilled. It concerns with the law as it ought to be an ideal state. Ethical jurisprudence concerns itself chiefly with the relation of law. Its area of study brings together legal philosophy and morals philosophy. Ethical jurisprudence is known as Rechtsphilosophie in jerman and in French, it is known as philosophie du Droit.
Philosophical jurisprudence deals itself with the philosophy of the law. It is a discussion about the nature of the law and why it is important to modern society. Legal philosophical jurisprudence is a popular branch of study and often it is used for legal reform.
Schools of thought define these categories with different categories. A school of thought is a conceptual way or theory, that is used to analyze. Various jurisprudential schools are there, but the most common are formalism, realism, positivism, and natural law.
Different types of jurisprudence, Classification of jurisprudence, types of jurisprudence, Analytical Jurisprudence,