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 Muslim 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 the need for 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;
Ownership defines the legal right of an individual, corporation, group, or government to the possession of a thing/trademark. The ownership is of two types material and immaterial things. Material ownership is that which is tangible(touchable) like property, car, book, etc. Immaterial ownership defines intangible like copyright, trademark, patient, etc. Different Kinds of ownership are as follows.
Types of Ownership in jurisprudence law
There are many types of Ownership in-law/ kinds of business ownership:
Trust and beneficial ownership.
Kinds of Ownership detail definitions
Definitions of all types of ownership are given below with examples.
Ownership of tangible nature things like land, property, goods, etc is called corporeal ownership. Example: Land, goods, etc.
Ownership of intangible things is called incorporeal ownership. Example: Copyright, reputation, goodwill, etc.
Only one individual owner of land, property, etc is called sole ownership. Example: A person owns a factory.
When there are two or more owners of a property is called co-ownership. Example: Partnership of business among three partners.
A person who has legal ownership of a property can transfer it to the ownership of another party it is called legal ownership. For example, a lender who has lent money for a property is the legal owner of that property.
Equitable ownership is a type of ownership in which the owner cans only benefit from the property that the buyer will use and enjoy. Example: If MR. A is the legal owner of a property and MR. B is the equitable owner. Then MR. A is not entitled to the use and enjoyment of the property whereas, MR. B doesn’t own the property but has the right to use and enjoy it, something which MR. A cannot do.
Trust and beneficial ownership:
Trust and beneficial ownership refer to a specific property right “use and Title” in equity. But the property owner is any other person. Example: If MR. x’s property is transferred to trustees to hold it for the benefit of the beneficiaries. It is not MR. X’s trust that owns the land or shares but the trustees of MR. X’s who owns it. So their names would be used as the trust and beneficiaries.
Vested ownership is complete and full ownership of the property. Example: Two people sharing ownership of a property. If one dies the other gets the gain of vested ownership of the property.
A type of ownership in which the owner does not have the full claim to the property, but he can claim it on the fulfillment of some conditions. (These conditions are of two types namely condition precedent and condition subsequent. Condition Precedent is where on the fulfillment of it the title is completed. Condition subsequent is whenever on the fulfillment of it the title already completed is extinguished).
When we study the types of ownership the Absolute ownership is a free transferable property the owner can use as he/she is the legal ownership of property. Example: The mortgage of some property in a bank or financial institution.
Limited ownership is a type of ownership Where the owner enjoys the right to use and enjoy the property for a limited period of time as long as some other person is alive.
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.