Reviewer for Jurisprudence Flashcards

Comprehensive vocabulary flashcards covering the foundation, history, sources, and legal principles of Islamic Jurisprudence (Fiqh).

Aqidah

Refers to matters believed in with certainty and conviction in the heart and soul, free from doubt, and derived from the Quran and sound ahadeeth.

Fiqh (Literal)

Meaning 'understanding' and 'discernment.'

Fiqh (Technical)

The knowledge of practical Shari’ah rulings derived from detailed evidence through scholarly effort and reasoning.

Akhlaq

Ethical behavior and character, referring to the practice of virtue, morality, good manners, and the ethics of a person.

Khalifah

The Arabic term for a representative, successor, or steward, referring to humanity's role as caretakers and custodians of the Earth.

Islam

Derived from the word 'Salam' (peace), it religiously means a complete submission to the will of Allah and obedience to His law (Shariah).

Pillars of Islam (Arkan al-Islam)

The five core practices: Shahadatayn (testimony), Salah (prayer), Zakat (alms), Sawm (fasting), and Hajj (pilgrimage).

Iman

Meaning to believe or 'Faith,' it arises from knowledge and conviction and consists of heart belief, tongue confession, and demonstration through actions.

Ihsan

The responsibility to obtain perfection or excellence in worship, acting as if you see Allah, or knowing He sees you.

Shari’ah (Literal)

Literally means 'a waterhole where animals gather daily to drink,' 'the road to a watering place,' or 'the straight path.'

Shari’ah (Technical)

The totality of Allah’s commandments and the sum total of Islamic laws revealed to the Prophet recorded in the Qur-an.

Usul Al-Fiqh

The science of the sources and methodology of law, focusing on the study of Muslim law jurisprudence and its fundamental principles.

Maqasid As-Shariah

The ultimate objectives or higher goals that Islamic Law seeks to realize in human life, including the protection of religion, life, intellect, progeny, and wealth.

Dharuriyyat

Essential needs necessary for survival and religion to function; if neglected, they lead to the collapse of society.

Hajiyyat

Complementary needs that remove hardship and ease life, though they are not absolutely essential for survival.

Tahsiniyyat

Embellishments that promote beauty, ethics, etiquette, and moral excellence within a society.

Naskh

The concept of abrogation where an earlier legal rule is 'lifted' or replaced by a ruling of a later date.

Asbab Al-Nuzul

Knowledge regarding the particular events and circumstances in history related to the revelation of specific passages from the Quran.

Muhkamat

Clear and decided verses of the Quran, mostly concerning legal rulings with only one dimension of meaning.

Mutashabihat

Verses of the Quran with meanings that are not clear, completely agreed upon, or are open to two or more interpretations.

Sunnah Tashri’i

The Sunnah of the Prophet Muhammad that deals with his roles as a Messenger, Head of State, Spiritual Leader, or Judge, carrying legislative effect.

Sunnah Ghayr Tashri’i

Non-legal Sunnah consisting of the natural activities of the Prophet, such as his manner of eating or sleeping, which do not constitute Shari'ah.

Isnad (Sanad)

The chain of narrators that traces the origin of a statement, deed, or approval to the Prophet Muhammad.

Matn

The actual statement of the Prophet or the narration of his action or approval within a Hadith.

Mutawatir

A Hadith narrated by such an indefinite number of people that it precludes the possibility of them agreeing to a lie.

Ahad

A solitary or isolated Hadith where only a single reporter is found relating it at some stage of the transmission.

Ijtihad

The intellectual effort or process of independent reasoning used by qualified scholars to interpret and derive legal rulings from primary sources.

Mujtahid

An independent jurist qualified to derive law through Ijtihad who is under obligation to follow his own opinion.

Ijma’

The unanimous agreement of qualified Islamic scholars (mujtahidun) concerning a particular religious ruling after the death of the Prophet.

Qiyas

Analogical deduction that assigns the Shari’ah value of an existing case to a new case based on a common underlying attribute or 'illah.

Illah

The technical, observable legal cause or reason that triggers the application of a particular ruling.

Taqleed

The 'blind imitation' or following of previous authorities and decisions reached by earlier scholars without knowing the evidence.

Hukm Shar’i

A communication from Allah related to the act of the subject through a demand, option, or declaration; the legal ruling in Islam.

Hakim

The Lawgiver, which is Allah, who issues the legal rulings.

Mahkum Fih

The specific act or action being judged under a legal ruling (e.g., prayer or trading).

Mahkum Alayh

The subject or person (Mukallaf) to whom the legal ruling is addressed.

Hukm Taklifi

A defining law consisting of a demand to do or not do something, or leaving an action as optional.

Fard (Obligatory)

Acts where performance leads to reward and omission leads to punishment; subdivided into Fard Ayn (personal) and Fard Kifaya (collective).

Mandub (Recommended)

Acts where commission is rewarded but omission does not entail punishment; also known as Sunnah or Mustahab.

Makruh (Reprehensible)

Acts where omission is preferable to commission; classified by Hanafis as Makruh Tanzihi (nearer to Mubah) or Makruh Tahrimi (nearer to Haram).

Haram (Forbidden)

Acts where commission is punishable and omission is rewarded; includes Haram Li-dhatihi (prohibited by itself) and Haram Lighayrihi (prohibited by external factor).

Hukm Wad’i

Declaratory laws that link rulings to symptoms or factors like Cause (Sabab), Condition (Shart), or Impediment (Mani).

Sabab

The legal cause of a mandatory law; its presence necessitates the presence of the ruling (e.g., the set time is the cause for prayer).

Shart

A legal condition governing the operation of a law; its absence necessitates the absence of the ruling (e.g., Wudu for prayer).

Mani

A legal impediment or obstructor that prevents the application of a mandatory law even if the cause and condition are present.

Azimah

The default or original ruling in Islamic law that must be followed under normal circumstances.

Rukhsah

A legal concession or exemption granted in cases of hardship or necessity (e.g., shortening prayers while traveling).

Istihsan

Juristic preference; the process of choosing a ruling that avoids rigidity and unfairness that might result from literal enforcement of existing law.

Istislah (Maslaha Mursalah)

The consideration of public interest or welfare to justify legal rulings that promote the greater good without direct textual support.

Istishab

The presumption of continuity, assuming that facts or rules proven in the past remain unchanged until contrary evidence is established.

Sadd al-Dhara’i

The principle of 'blocking the means' to prevent an evil or unlawful outcome by prohibiting otherwise lawful actions.

Urf

Habitual practices or social customs that are acceptable to people of sound nature and do not contradict Shari'iah.

Legal Maxims (Qawa’id Fiqhiyyah)

Concise, universal principles derived from Shari’ah that help jurists resolve legal issues consistently (e.g., 'Harm must be eliminated').

Al-Umūr bi-Maqāṣidihā

A major legal maxim stating that 'Matters are judged by their intentions.'

Al-Yaqīn Lā Yazūl bi’l-Shakk

A major legal maxim stating that 'Certainty is not overruled by doubt.'

Al-Mashaqqah Tajlib al-Taysīr

A major legal maxim stating that 'Hardship begets ease.'

Al-Ḍarar Yuzāl

A major legal maxim stating that 'Harm must be eliminated.'

Al-ʿĀdah Muḥakkamah

A major legal maxim stating that 'Custom is given legal consideration.'