THE DEVELOPMENT OF ISLAMIC JURISPRUDENCE AND CLASSICAL JURISPRUDENCE

Abstract

Islam is a religion of Allah the Almighty who sent His
messengers to preach his religion with scriptures and that religion is
Islam. The book of Allah contains a message and commandment to
mankind directing the mankind to restrain from certain act that are
abominable and as such punishment will be the consequence of those who
violate the rules of Allah. At the same juncture, the commandment wishes
some promises to those who obey the rules of Allah of some rewards to
paradise as the place of their abode. However, Islam as a religion cover
every aspect of life of the believers and the rules and commandment
always go with time and situation of the whole world. On these reasons,
Islam allows certain things that are not clearly mention and do not
contradict the rule of Allah to be practiced, e.g. customs. The prophets of
Allah decide to the people sent to them on what to do and undo. After
their demise their companions preside over matters by making reference
to the book send to them through the prophet. As the generation goes the
companions took over and preside and those who follow them. This
extension brings about many changes as the religion goes with time and
the understanding of the scholars also differs which lay the foundation of
Islamic jurisprudence. New things emerge where no authority to relied
on and need to be position by way of religion and the Qur'an or Sunnah
does not clearly make a pronouncement. This create a gap where
scholars gave their contribution and opinion by making reference to
Qur‟an and Sunnah in deciding some matters and because of this
different views of the scholars bring in different understanding and
different laws. But the Qur‟an and Sunnah remain the source relied by
any scholar in his saying or writing