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ABSTRACT
In this state, in order not to allow young people to fall under the influence of various foreign technologies, attention
is paid to the issue of education and the true nature of Islamic religion, and also to the Koran, Sunnah, Idjma and Qiyas,
which are considered to be the basic elements of Islamic law, the production of which is based on the field of furul-
fiqh. Islamic law.
KEYWORDS
Legal source, jurisprudence, Holy Qur'an, sunnah, consensus, qiyas, jurist, mujtahid, authority.
INTRODUCTION
It is the honorable duty of each of us to preserve and
cherish our sacred religion, which embodies our age-
old values and moral virtues. Islam means
understanding the truth, it encourages people to do
good deeds, calls each of us to goodness and peace,
teaches to be a real person [1, p. 30]. In today's rapidly
changing era of globalization, there are cases of
misrepresentation of the essence of the holy religion
of Islam, various conspiracies and corruptions by
falsifying them. "Islam encourages only a bright life,
knowledge and goodness. Never calls for bloodshed,
murder, violence. Without recognizing this fact, being
deceived by false ideas, joining harmful currents,
becoming a terrorist - this is absolutely not true for the
people of Uzbekistan." In such a situation, it is
important to preserve the purity of our religion, convey
its true essence of peace and humanity to the
population, especially the youth, conduct research and
promote the study of the rich religious and spiritual
heritage of our people, and in this way, protect the
youth from various religious extremists. protection
from currents is one of the important tasks of our day.
From the time Islam spread in the territory of
Uzbekistan, and the local population became the only
religion, until it was conquered by Tsarist Russia, legal
relations were regulated by the norms of Islamic law.
Research Article
THE CONCEPT AND SOURCES OF THE SCIENCE OF FIQH
Submission Date:
December 03, 2023,
Accepted Date:
December 08, 2023,
Published Date:
December 13, 2023
Crossref doi:
https://doi.org/10.37547/ijhps/Volume03Issue12-04
Avazova Shaira Tukhtamratovna
International Islamic Academy Of The Republic Of Uzbekistan "International Senior Teacher Of The "Relations
And Social Sciences" Department, Candidate Of Legal Sciences, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijhps
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
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For this reason, it is impossible to imagine the legal
history of the state of Uzbekistan without thoroughly
studying the nature of Islamic law as a separate legal
system, its sources, stages of development.
As one of the world religions, Islam has been an
integral part of the spiritual outlook of many peoples
for centuries. The fact that religion, including Islam, has
been stable for thousands of years indicates that it has
left a deep mark on human nature and that it fulfills a
number of unique tasks. The peculiarity of Islam is that
it embodies both religious and secular power at the
same time, a single book that defines faith, customs
and even law, as well as the firm will of the creator.
expressed in a single book. Islam is not only a religion,
but it is an independent legal culture that is expressed
in various spheres of social life, including regulating
various relations in society. This legal culture is one of
the great achievements of human development and is
an integral part of the world legal map.
One of the sciences of Sharia was - the science of
jurisprudence in its essence is Islamic law in a broad
sense. According to sources, "the science of
jurisprudence is the complete knowledge of one's
rights and duties as a member of society" [2, 3-b] . Here
_ society when said family , city , or state mean caught
_ So , this one to the definition according to of a person
in the family marriage and family to the right about ,
citizenship to work relevant as well as administrative
¬legal relationships deep to know jurisprudence of
science basis organize to say that it does can _ "If
someone has skill and experience in this science and
marriage , divorce , trade , rent , gift and another to
relationships circle to knowledge have if so , that
person is called a jurist " [ 4 , 4 -b]. In order to become
a "faqih", that is, a scholar of jurisprudence, it is not
enough to simply and superficially know and memorize
the rulings of Sharia, but it is necessary to know all the
reasons and wisdom of these rulings and to
understand the foundations of Sharia. Therefore, a
person who knows the rules of Sharia in a simple way
is not called a jurist, even if he is called a scholar. Fiqh
scholars say that there is a difference between science
and jurisprudence that not everyone understands. That
is, science is used in a general sense, and jurisprudence
is used in a specific sense. Therefore, every jurist is a
scholar, but not every scholar is a jurist [ 9 ] _ In fiqh
books, it is said from Imam Abu Hanifa that "the
science of jurisprudence is knowing what is beneficial
and harmful to a person" [9]. According to this
definition, the scope of jurisprudence is very wide.
Since the science of jurisprudence is an endless sea,
according to the verse in the Holy Qur'an: "Let a group
of people from each of their sects return to them,
understand the religion well, and warn their people" It
is pointed out that it is not possible to learn, but it is
necessary to learn it step by ¬step, one by one within a
certain period of time, ¬and it can be achieved with
great ¬effort, as well as the fact that the study of this
science consists of effort and hard work[ 9]. It
is
known that the first source of Islamic law is the Holy
Qur'an. He is religious¬ as a legal complex has a strong
influence on the fate of a large part of humanity [5, p.
15] . The legal system is reflected in the Qur'an, which
is a comprehensive holy, divine book that closely
intertwines religious and legal matters. The second
source is the Sunnah, that is, the words, deeds and
interpretations of the Prophet Muhammad (peace be
upon him). The third source is ijma', which refers to the
unanimous acceptance of a matter by scholars who
lived at the same time and reached the level of ijtihad.
The fourth source is called qiyas, and it is ruling by
comparing an issue for which there is no ruling to
something similar to this issue in the Qur'an and
Hadith, and there is a ruling for it. "For example, if a
mujtahid is asked for a Shariah ruling on a matter, he
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first looks for an answer from the Holy Qur'an, and
when he finds it, he makes a ruling based on it. If he
doesn't find it, then he turns to the Sunnah
Nabawiyyah. If it is not found, then after the death of
the Prophet, after the death of the Prophet, if the
mujtahids came to a unanimous opinion on that
question, they will issue a verdict with that answer. If
there was no such consensus, the mujtahid should
approach the answers given in Shari'ah on a scientific
basis in connection with cases similar to this case by
means of comparison to issue a shari'i ruling of the
case, and make a comprehensive comparison. will find
the answer using his knowledge. The authenticity of
these four main sources and their coming in this order
is evidenced by Surah Nisa, verse 59 of the Holy Qur'an:
that is, "O you who believe, obey Allah and obey the
Prophet and from yourselves (i.e. obey the leaders who
come from the Muslims). If you cannot agree on the
answer to a matter, then refer that matter to Allah and
His Messenger. If you have faith in Allah and the Day of
Resurrection, it is the best and most auspicious thing
to do." In this verse, "obedience to Allah" should be
understood as following the Qur'an. Obedience to the
Messenger means following the Sunnah; When it is
said to obey your superiors (ulul amr), it is understood
to follow the scholars. Hazrat Abbas interpreted Ulul
Amr to scholars. But it means to compare the matter
on which one cannot agree with Allah and the
judgments of His Messenger, that is, to compare" [ 6,
13-b ] .
The science of jurisprudence did not appear with the
birth of Islam, but was fully formed by the 10th century.
The methodology of jurisprudence began to take
shape in the first half of the 7th ¬-9th centuries. During
this period, two of his schools emerged: one of them
was "ahle hadith", that is, those who pay more
attention to hadiths and verses, and "ahle ray", that is,
judgments through opinions and comparisons other
than hadiths and verses. was a school of makers.
The supporters of "Ahli Ray" are mainly in Iraq, and its
founder Abu Hanifa is known . Abu Hanifa Nu'man bin
Thabit, who lived in 669-767, was an unprecedented
great figure in the history of Islamic jurisprudence. It 's
the same no jurist , Islam scholars between the most
mature from scientists was [ 7, p. 21 ] . Imam Abu Hanifa
basis put Hanafi sect Kufa city
–
Iraq land in the center
surface come for a while inside islam of the world many
p in countries scattered developed and of Muslims big
part to himself attraction arrived , people Sunna shaft
of the team the most big and wide spread out sect
turned [ 8, p. 151 ] . of Abu Hanifa the most great
students Imam Abu Yusuf and Imam Muhammad Ibn
Hasan ash ¬- Shaibani was _ _ Theirs wrote works and
activities as a result Hanafism wide spread _
Imam Abu Yusuf (113 - ¬182 hy .) of Abu Hanifa
famous student , great jurist and mujtahid, Abbasids of
the state judge u l - ¬cuzzoti was [ 8, p. 156 ] . His
famous works are the following : « Book ul - ¬khiroj ", "
Book ul - ¬osor ", " ar¬ Denied hello Siyaril¬ Avza'iy "
and " Abu Hanifa and Ibn Abi Laila between conflicts "
[ 8, p. 161 ] .
Imam Muhammad ibn Hasan al - ¬Shaybani Abu
Hanifah second famous and progress _ student was _
His important His works were called "Al - ¬Usul " or "
Zahirur ¬- Rivaya ". six jurisprudence work from the
following _ consists of : "al - -Mabsut ", " az ¬- Ziyadot
", "al ¬- Jami 'as - ¬saghiyr ", "al - ¬Jami ' al- ¬kabiyr ",
"as ¬- Siyarus" ¬sagiyr ", "as ¬- Siyarul¬ kabir ".
Hokimush bought ¬the books " Zahirur - -Rivaya " .¬
Martyr named al - ¬Kafi in the book collected _ [ 8, 162-
163 b ] . In the 11th century , Muhammad ibn Ahmad al -
¬Sarakhsi added to this collection in 30 volumes
comment wrote _ Later on this the work " Majalla".
basis organize reached [ 10, 11-b ] .
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“Ahl al
-
Hadith” was Abdullah bin Abdurahman
As-Samarkandi ad-Dorimi (798-869), a scholar from
Samarkand who lived in the 9th century. He revealed
the issues of fiqh in his unique style in his work
“Sunan”. He divided the work into jurisprudential
chapters and included jurisprudential issues and rulings
in the titles of these chapters. In the work, 3503 hadiths
of the Prophet Muhammad (pbuh) are presented in a
total of 1306 chapters, introduction and 23 books. The
difference of "Sunan" from other jurisprudential works
is that the author was satisfied with collecting hadiths
related to jurisprudential issues and giving his ijtihad
opinions without commenting on them [11] .
The science of jurisprudence is divided into two
main parts: usulul- ¬fiqh and furu'ul ¬-fiqh. Usul al- ¬fiqh
is learning the rules that determine the ways of
deriving rulings from the main sources. Furu'ul ¬fiqh ¬is
a complex of legal rulings extracted from the main
sources through the rules and methods specified in
usulul-fiqh, and constitutes branches or fields of the
science of fiqh [8, 53-b] . According to the sources, the
branches of jurisprudence are:
1.
Munakahot, that is, as a family member, a
person is considered to have rights and duties, and this
includes issues of marriage, divorce, consent, pension,
inheritance and will.
2.
Trade is the knowledge of rights and duties as
a member of a city or state, and includes issues such as
wealth (trade), rent, guarantee, bond, deposit, gift,
partnership.
3.
The part of Uqubot is the laws established in
order to implement the laws of treatment and
munakhahot and to prevent their violation [4, 5-b].
First, fiqh ¬was mentioned in Muhammad ibn
Shaybani's work "al Mabsut". It was also called "al-
¬Asl", that is, the main book. Due to the great
importance of this work, using its style, many jurists
from Central Asia wrote multi-volume books with this
name [8, p. 163] . In particular, Sarakhsi's work "al-
¬Mabsut". Sarakhsi is considered one of the great
scholars of Movaraunnahr who mastered method and
furu [ 8, p. 256 ] . His ¬book "al-Mabsut" written in 15
volumes is an important work written on furu'ul fiqh.
This work was written in Beirut in 2001 in the order of
30 books (volume 15), and issues related to civil affairs
are reflected in various books. For example, trade
¬issues are covered in book 12 ¬, gift, lease issues in
book 14 ¬, guarantee, authority books in book 19 ¬,
pledge, company issues in book 21 ¬, usurpation book
¬in book 22. When a topic is covered in the books, first
the dictionary translation and meaning of the words
related to that field are explained. Then he gives proofs
from the Holy Qur'an and hadiths that it is Shariah. For
example, as defined in the "Authority book" published
in volume 10 ¬, book 19, -"Authority is the transfer of
the right of disposal to another and ¬the giving of
some property to someone for its disposal. People
often need such a contract, for example, when they go
on a trip, they are powerless to protect their goods,
and because of the abundance of goods, their distance
from those goods, and the fact that they are not busy
with those goods, they give to another person. will be
obliged to hand over with authority" [12, 4-b] it is said.
Then the following verses are cited as proof that this
contract is legal: In the 19th ¬verse of Surah Kahf, it is
said, "Now send one of you to the city with this money
of yours", according to which a person is given money
and authorized to buy a certain thing. it is implied that
it is pointed out. In verse 220 of Surah Al-Baqara,
¬"They will ask you about orphans ( rights). Say: It is
good to reform them. If you add (to your goods) their
goods (there is no harm), they are (indeed) your
brothers. Allah knows the (difference) between a
corrupter and a reformer" and also in verse 152 of
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Surah An'am, ¬" Do not approach the property of an
orphan until he reaches adulthood, except in a
beautiful way (if it is correct). It is said that the measure
and the scales should be filled with justice" and these
verses are interpreted in the book of authority, they
are given as evidence for obtaining the authority to
dispose of the property of orphans, through them it is
shown in detail how this type of authority is regulated.
In addition, after providing evidence from hadiths that
authority is shari'a, how legal relations related to
authority are regulated in Islamic law will be described.
"Tuhfat al-fuqaha" by the jurist Alauddin al-Samarkandi
¬, who lived and created in the first half of the 12th
century, ¬is one of the works written on jurisprudence.
Alauddin al- ¬Samarkandi takes a unique approach to
solving jurisprudential issues in his work, that is, he is
one of the first to create collections of fatwas of
previous and contemporary jurists. According to the
tradition of that time, the author, when solving
jurisprudential issues, first shows those related to
prayer, and then to the parts of treatment. In the work,
Alauddin Samarkandi compares Hanafia theories with
the opinions and evidences available in the sources in
solving each issue. He solves the conflicting issue from
the point of view of Hanafi, and when solving an issue,
after evidence from the verses and hadiths, the
opinions and arguments of the mujtahids who are the
masters of the school are stated. According to the
content of the work "Tuhfat al ¬- fuqaho", it mainly
served as a guide for jurists, judges, and mudarris. It is
dedicated to the current problems and issues in the
field of jurisprudence and society. This work was the
stylistic basis of Burhoniddin Marginani's Hidaya,
written in the second half of the 12th century.
our great compatriot Burhoniddin Marginani (1123-
1197) is also ¬an important work written on furu'ul-fiqh.
Marginani's immortal legacy, especially the book called
Hidaya - The Right Way, has been recognized as the
most authoritative and perfect legal source in Muslim
countries for centuries. "This work, as the most
important and perfect legal source of the Hanafi sect in
the Sunni stream, consists of 57 books, 165 chapters,
and 152 chapters, and covers all areas of jurisprudence,
except the law of inheritance. The reason why
Burkhaniddin Marginani did not include the right of
inheritance is that Imam Azam Abu Hanifa separated
the problems of inheritance from the science of
jurisprudence as an independent science and called it
the "science of fariz" [13, p. 24] .
When writing the book "Hidaya", Burhoniddin
Marginani faced the difficult task of studying hundreds
of legal collections and fatwas written by different
authors and finding answers to existing legal problems
based on them. They contained thousands of issues,
dozens of opinions on some specific problems, and
even conflicting theories. He selected the most vital
and necessary narratives from them, proved their
correctness with intellectual arguments, strengthened
them with metaphorical arguments , penetrated
deeply into the text and content of classical works, and
defined their legal works [13, 17- p] .
Burhoniddin Marginani created a unique and
irreversible style in writing the book "Hidaya". In the
book "Hidaya" the solution of legal issues is given first
by the statement of major scholars of jurisprudence
and the objections or additions of other authors to it.
Based on the opinions of these eminent jurists, the way
of choosing the best way in certain legal issues was
followed. In this way, not only the exact expression of
the law, but its perfect interpretation is based on it [13,
2 0 - b] .
Hidayah is the most reliable source for studying the
teachings of the Hanafi sect, the legal culture of the
East, and the history of jurisprudence.
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By the 16th century in India, on the order of Aurangzeb
Alamgir, the great jurists of his time were called to
compile the laws on various issues of Hanafi
jurisprudence. They left the work "Fatavoyi Alamgiri"
or "Fatavoyi Hindiya". Written in Arabic under the
special instructions and orders of Aurangzeb, this
source, known as "Al-Fatovo al-Hindiya", was written
with the participation of a scientific panel consisting of
24 famous jurists of the Babur era, and jurisprudence
was organized in a classical style. "Fatavoy Alamgiriy"
consists of four volumes and contains three and a half
thousand pages. It is written on the basis of the most
important and authoritative jurisprudential works and
fatawas, and the requirements of the time and the
requirements of the era are considered. It covered all
areas of Islamic law and was called "al-Faroiz" by Abu
Hanifa, and the issues of inheritance, separated as an
independent science, are given in detail under the title
"Kitab-ul-Faroiz" at the end of the fourth volume.
Fatawa consists of 58 books, each book is divided into
different chapters and chapters. The number of
chapters reaches 700. Each chapter provides solutions
to legal problems related to a specific area. A unique
feature of the work is that, based on the vital needs
and demands of the Indian Muslim community, great
attention is paid to practical life in various fields [3].
Some scholars have described this work as "the legal
code of the Baburi state". But this is conditional and is
not considered a source codified according to the
European style.
CONCLUSION
In conclusion, we can say that the norms of Islamic law,
which were created on the basis of the main sources of
Islamic law, do not consist of fixed and immutable
rules, but have developed over the centuries in
accordance with their time, and with their own
characteristics, they have been adapted to the
problems arising from the needs of the times in
different periods. able to respond.
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