The Prophet Muhammad’s [PBUH&HF] Law between Approving and Newly Legislated Rules: Jurisprudential Issues as a Sample

The Islam is the last of the heavenly religions that was revealed with an eloquent Arab tongue. Before the advent of Islam, Man either was a follower of one of the religions or was in a society governed by customs, traditions, and societal norms for the conduct of his private and social life. These customs are contained in terms of the provisions and laws that govern the individual and society, some of them were unfair as dealing with usury, illegal relations, and burry of girls while they are alive and the like. Other issues are unquestionable, such as dealing with buying and selling and marriage –in its broad concept - and punishing the murderer and taking blood money from him and so on. Therefore, we find that the religion puts the Islamic laws and rules for everything related to the person, the family and then the community. Accordingly, Islam dealt with customs and social traditions on the basis of either the prohibition and abolition of a custom and legislation and the establishment of legitimate rules consistent with the sublime objectives of Islamic law or Approving it according to certain conditions for acceptance and keeping it by sending the Prophet (PBUH&HF) on this issue as the last prophets; he does not speak out of fancy, rather he is only inspired by revelation.  Accordingly, the idea of choosing the topic of this research is to know the legislated and preserved rules initiated and kept by the religion of Islam, by the Prophet (PBUH&HF) or infallible Imams (PBUH).

  • - Asst. Prof. Dr. Muhammad Nadhim Muhammad Al-Mufraji
  • - Iraq /University of Karbala/ Faculty of Islamic Sciences