Intro to law (notes)

Introduction to Law
(Important Topics)

• The word law derived from a Latin word (Legais) plural
(Legom)
• The system (collection) of rules and regulations which a
particular country or community recognizes as regulating the
actions of its members and which it may enforce by the
imposition of penalties.
• Definitions of Law by Jurists
• John Austin (English) Jurist (1790) says:
“A body of rules fixed and enforced by a sovereign political
author”
• Thomas Hobbes (1588) in his book (Leviathan) says:
“Law is the formal glue that holds fundamentally disorganised
societies together”
Prepared by: Fareed Khan

Religious Law Law of Nature
Natural Law Physical Law
Abstract Law Concrete Law
Municipal
Law
Public Law
Constitutional
Law
Criminal Law
Administrative
Law
Private Law
International
Law

Divine Law
• Law given by Divine entity
 Religious Law
• Codified law for human beings
• Commandments of Allah
 Law of Nature
• The Uncodified law for Nature
o Natural Law
• Reason Based
• The dictates of reason
o Physical Law
• Law for universe
• Chemistry, Physics etc

Man-Made Law
• Law made by Human Being
 Abstract Law
• Fundamental Principles
• General Notions
 Concrete Law
• Real Law/Applicable Law
• Statutes/Acts/Decisions
o Municipal Law
• The law of State which regulate the internal character
• Also known as Civil Law
o International Law
• The conduct of International Characters

Public Law
• The law which regulates the relationship of citizen with state.
• It is for the whole State.
Private Law
• The law which regulates the relationship of individual with other
individual.
• It is for a particular group.
 Constitutional Law
• The law which regulates the affairs of the state.
• Supreme law of the state
 Criminal Law
• The law which deals with the offences and punishment.
 Administrative Law
• The law of management
• The law of Administration

• To maintain Order
• To protect the rights of the smallest minority that has
ever existed - the individual.
• To preserve freedom.
• To bring about peaceful change (Change with stability)
• To secure Justice.
• To resolve conflicts.
• To maximise the happiness of the greatest number with
minimum of friction.
• To define relationship among the members of Society.
• To satisfy the interests of the community and its
members.
• To set and strengthen values.

• Ancient Egyptian law, dating as far back as 3000 BC, had a civil code that was probably
broken into twelve books. It was based on the concept of Ma’at, characterized by tradition,
rhetorical speech, social equality and impartiality.
• By the 2350 BC, Urukagina, an ancient Sumerian king, formulated the code of conduct, and
that was king made law (Man made law). He gave the concept of Contract.
• By the 22nd century BC, Ur Nammu, an ancient Sumerian ruler, formulated the first law
code, consisting of casuistic statements (“If........... Then .........”).
• Around 1750 BC, King Hammurabi further developed Babylonian law, by codifying and
inscribing it in stone. The first formulized legal system based on the principle of “an eye for
an eye”
• Around 1313 BC, Torah, an Islamic book, revealed on Hazrat Musa (A.S), based on religious
law and divine law.
• Around 1000 BC, Zaboor, an Islamic book, revealed on Hazrat Dawood (A.S), based on
divine law and religious law.
• Around 620 BC, Draco constitution (basically he was an aerostocraic.) further developed the
law and gave the concept of capital punishment and execution (death penalty).
• Around 600 BC, Solonion Law (basically he was a magestriate.) further made reforms in
Draco’s laws. He replaced capital punishment into compensation. He was the first person
who relaxed the laws of prostitution/adultery.
• Around 500 BC, Roman era started and they further developed law as they made 12 tables
law.
• Around 4 BC, Bible, an Islamic book, revealed on Hazrat Essa (A.S), based on religious and
divine law.

• The belief that pleasure is the most important thing in
life
• The name derives from the Greek word for "delight"
• hēdonē "pleasure"+ ism = HEDONISM
• TYPES
1. Psychological
(a) Motivational hedonism
• is the claim that only pleasure or pain motivates us
(b) Normative Hedonism
• is the claim that all and only pleasure has worth or
value, and all and only pain has disvalue.
2.Ethical hedonism
• is the view that our fundamental moral obligation is to
maximize pleasure or happiness.Prepared by: Fareed Khan

• Legal concept
• Control crimes and to maintain power
• To sanction can mean to ratify or to approve but it can also mean to punish. The
sanction of a crime refers to the actual punishment, usually expressed as a fine or jail
terms.
• Sanctions are serious types of punishment that may result in permanent criminal
records, serious fines and loss of career or licenses.
• Types of Sanction
• Criminal Sanction
• Criminal sanctions can take the form of serious punishment such as Corporal or
Capital sanction, Death punishment, Imprisonment
• If someone ditches country than...
• debard, disqualify from citizenship
• Civil Sanction
• Within the Civil law context, sanctions are usually monetary fines, levied against a
party to a lawsuit or his/her attorney, for violating rules of procedure, or for abusing
the judicial process.
• The most severe sanction in a civil lawsuit is the involuntary dismissal, with prejudice,
of a complaining party’s cause of action, or of the responding party’s answer.
• Right of contract and other social sanctions

• General Definitions
• Justice is the legal or philosophical theory by which fairness is
administered.
• In other words, justice is equal distribution of wealth.
• To give someone his dues. Dues can be shaped in “Remedy” and
“Punishment”.
• Remedy
• If someone had committed a crime/offence and the victim got some
money or something like that and that can fulfill his/her damages
that is called “Remedy”.
• Punishment
• When someone got sanction for his act/crime then that is called
“Punishment”.
• Personal Approach
• Fairness in protection of rights and punishment of wrongs.

 Distributive Justice
• Distributive Justice is also known as “Economic Justice”.
• Distributive justice is that when the wealth given to you equally as
well as to others.
 Procedural Justice
• Procedural justice is also known as “Fairness”.
• Fairness to give equal rights.
 Restorative Justice
• Restorative Justice is also known as “Corrective Justice”.
• To restore previous status of a person.
 Retributive Justice
• Retributive Justice is also known as “Criminal Justice”.
• Retributive justice works on the principles of punishment. When
someone violates any law then the punishment given to that person
called as “Retributive Justice.

• Sharia is a set of religious principles which form
part of the Islamic tradition. The Arabic word
Shari ah refers to the revealed law of God and
originally meant “way” or “path”.
• The entire communication of Allah to Messenger
• These matter were being discussed with
Messenger

• The theory or philosophy of Islamic law, based
on the teachings of Quran and the traditions of
the Prophet.
• Understanding of Islamic law
• Deals with the smallest unit of Sharia

1) No one should be a judge in his own case/cause.
2) Deciding authority should be impartial.
3) No one should be condemned unheard. When a suit
filed against anyone, the judge cannot give direct
decision without listen that person.
o Hearing: It is practical opportunity which is given to accused
and it is a part where he can say his points.
o Notice: Written information given to someone to aware him
about filed suit against him, so he come court and say his
points.
4) Speaking Order
o The order which gives the rights to speaks for itself.
o The order should be reason based.

• A concept or a theory of the distribution of powers of
government
Note: Baron De Montesquieu gave the concept of Separation of
Government for the first time in his famous book “Spirit of Law”.
• Power should be divided in different parts to fulfil duties
of government.
• Power should not be given in one hand. It should be
divided into different parts.
• Every organ should give powers separately.
• One organ should not perform the function of other
organ.
• One organ should not interfere in other organ.

Government
Legislative
Body
To make Law
Executive
Body
To enforce
Law
Judicial Body
To interprete
Law

• The behaviour or the conduct of the individual is
to be examined on the touchstone of law, rather
than arbitrary behaviour of person.
• When government is also following rules and
head of government have also some rules or
inferior to law.

• The pre-conditions/nature of men before society.
• Thomas Hobbes theory of social contract appeared for the first time in his
book Leviathan published in the year 1651 during the Civil War in Britain.
Thomas Hobbes legal theory is based on Social Contract. According to him,
prior to social contract, man lived in the state of nature. Man’s life in the
state of nature was one of fear and selfishness. Man lived in chaotic
condition of constant fear. Life in the state of nature was solitary, poor,
nasty, brutish, and short.
• In Leviathan he states that “Man is wolf for others”. For his wishes and
demands he would not care for other’s rights.
• Locke’s view about the state of nature is not as miserable as that of
Hobbes. It was reasonably and enjoyable, but the property was not secure.
He considered State of Nature as a “Golden Age”.
• According to John Locke “Man is free born”. Man is free to do anything. He
can do whatever he likes but he should care for other’s right too.
• J.J.Rousseau says that whoever refuses to obey the general will shall be
compelled to do so by the whole body.
• According to him “Man is born free but tied in chain everywhere”. Man is
indeed free but he tied in chains and by chain we can say Family, Society,
and other relations of humans.

• Sources of Law
• “Source” means “origin” which something is ultimately
derived and often refers to the causes operating before the
thing itself comes into being.
• Formal Sources
• These are the sources from which the law derives its force and
validity. Of course the only authority from which laws can
spring and derive force and validity is state.
• Material Sources
• Material sources of law refer to the various processes, which
result in the evolution of the materials, which are the
constituents of law.
• Material Sources may be divided into:
• Legal Sources
• Historical Sources

• Definition
Legislation (or Statutory law”) is law which has been promulgated (or “enacted”) by a legislature or other
governing body or the process of making it.
• Types of Legislation
 Supreme Legislation
Supreme legislation is the expression of the legislative will of a supreme authority in a state.
 Sub-ordinate Legislation
Legislation is said to be sub-ordinate when it proceed from any authority other than the supreme or
sovereign authority in the state.
• Forms of Sub-ordinate Legislation
There are 5 forms of Sub-ordinate Legislation:
• Autonomous Legislation
The rules and regulations of any autonomous body.
• Judicial Legislation
The judiciary has powers to frame rules for the regulation of their procedures and administration.
• Executive Legislation
The rules framed by any executive body.
• Colonial Legislation
The rules framed for colonies.
• Municipal Legislation
The rules framed for municipality.

• Definition
The previous judgment or decision of the court is known as
precedent.
• Typology of Precedent
• Original Precedent
The precedent which establishes a new principle for the first time.
• Declarative Precedent
The precedent which declares the previous judgment or the
previous existing rights.
• Authoritative Precedent
The precedent which has in itself binding authority.
The judge has no option to reject it.
• Persuasive Precedent
The precedent which is not binding.
High Court decisions are persuasive for other high courts.

• Definition
The specific behaviour of a specific community in specific
situation/circumstances.
• Essentials
 The custom should not be contradictory to the existing
law.
 The custom should be reasonable. (It is reasonable for
every common prudence person)
 Custom should be observing in time immemorial.
 Observe as a matter of right
 Openly observed
 Continuity (continuously observed)

• Fiqh is an expansion of Sharia or Islamic law
based on five sources which are classified into
primary and secondary:
• Primary sources:
 The Quran
 Sunnah
• Secondary sources:
 Ijma(Consensus of opinion)
 Qiyas
 Ijtihad

• Quran is the complete communication of God containing commandments
• Quran is one of the primary source of Islamic Law
• The last and complete revealed book
• The first revelation came to the Prophet (PBUH) in Ghare Hira
• The first revealed verses of the Quran are the first five verses of Surah AL Alaq
• The Prophet (PBUH) was about fourty years old when Angel Jibrail brought
the first revelation from Allah
• The period of the revelation of the Quran is 22 years, 5 months and 14 days
• The language of the Quran is pure and clear Arabic
• The majority of suras with a theological character were revealed during the
Meccan period. By way of contrast, those revealed during Medinan period
predominately contain ayahs of a political, social and legal character.
• The Quran is divided into 30 parts (Para-30)
• The Quran consists of 7 Manzil
• There are 114 chapters (Surahs) in the Holy Quran
• There are 540 paragraphs (Rukoos) in the Holy Quran
• There are 6666 verses (Ayat) in the Holy Quran

• There are a total of 200 verses related to legal rulings in the
Qur’an and these may be classified as follows:
1. 70 verses on family and inheritance law
2. 70 verses on obligations and contracts
3. 30 verses on criminal law
4. 20 verses on procedure.
• There are different kinds of verses in the Quran:
Family Matters = 70 verses
Trade = 80 verses
Crime + Punishment = 30 verses
Civil Law = 70 verses
Ibadat = 400 verses
International Law + War = 25b verses
Administrative Law + Constitutional Law = 10 verses

• The sunnah is the way or deeds of Hazrat Muhammad (PBUH)
• Sunnah is the actual embodiment of the will of Allah shown in the actions of
His Messenger(PBUH).
• All what is narrated from the Prophet s.a.w. including his actions, sayings and
whatever he has tacitly approved (‫وتقرير‬ ‫وقول‬ ‫)فعل‬
• Qauli = The saying of Muhammad (S.A.W) are called Qauli Sunnah or simply
called Hadith.
• Faili = The actions of Muhammad (S.A.W) are called Sunnah Filliya. It includes
both worldly and religious actions.
• Taqreeri = A permission which is given by conduct (silence) of Muhammad
(S.A.W).
• Authority of Sunnah
The authority of al-Sunnah comes from the al-Qur’an itself.
‫ى‬َ‫ح‬‫و‬ُ‫ي‬ ٌ‫ي‬ْ‫ح‬ َ‫و‬ ‫ال‬ِ‫إ‬ َ‫و‬ُ‫ه‬ ْ‫ن‬ِ‫إ‬ ‫ى‬ َ‫و‬َ‫ه‬ْ‫ال‬ ِ‫ن‬َ‫ع‬ ُ‫ق‬ِ‫ط‬ْ‫ن‬َ‫ي‬ ‫ا‬َ‫م‬ َ‫و‬
“Nor does he say of his (prophet) own desire. It is no less than inspiration sent
down to him”
[Al-Najm, 3-4]

• Collective Decision of Muslims on new matters
• It is an agreement upon a question of law among the Muslim
Jurists
• Ijma means agreeing upon or uniting in opinion. It means the
consensus of Islamic community on some point of law.
• Ijma, unlike the Quran or Sunna is not represented by or
evolved in any manner from divine revelations. Ijma is a purely
human exercise.
• Authority
My followers shall never agree upon, what is wrong
It is obligatory upon you to follow the most numerous body

• Table
School of jurisprudence Formation of ijma' Rationale
Hanafi through public agreement of Islamic jurists the jurists are experts on legal matters
Shafi'i
through agreement of the entire
community and public at large
the people cannot agree on anything erroneous
Maliki
through agreement amongst the
residents of Medina, the first Islamic
capital
Islamic tradition says "Medina expels bad people like the
furnace expels impurities from iron"
Hanbali
through agreement and practice of
Muhammad's Companions
they were the most knowledgeable on religious matters
and rightly guided
Usuli
only the consensus of the ulama of the
same period as the Prophet or Shia
Imams is binding.
consensus is not genuinely binding in its own right, rather
it is binding in as much as it is a means of discovering the
Sunnah.

• Qiyas is the process of legal deduction according which the jurists ,
confronted with an unprecedented case , bases his or her argument on logic
used in Quran and Sunnah. Qiyas must not be based on arbitrary judgment,
but rather be firmly rooted in primary sources.
• Means comparing one thing with another similar thing
• Used to solve modern problems by finding something similar in the Qur’aan /
Ahadith.
• Qiyas widely discussed as Muslims seek to find answers of different new
problems
• Elements
• Asl = Original case from which analogy is drawn
• Far = The fresh case/The parallel case
• Ilat = Effective case
• Hukum = The ruling/Prohibition
• Example:
• Wine is prohibited in Islam because of its intoxicating effects. Therefore ,
qiyas leads to the conclusion that all intoxicants are forbidden.

• A more detailed analysis will require the students to
be made aware that Islamic jurists have established
rules according to which the Qiyas may be adopted.
These are as follows:
• (a) Qiyas should be used only when the solution to
a specific issue can not be found in either the Qur’an
or Hadith
• (b) Qiyas should not contradict the principles of
Islam
• (c) Qiyas should not contradict either the contents
of the Qur’an or the traditions of Prophet
• (d) Qiyas should be strict and based on the Qur’an,
Hadith, or Ijma

State
• The politically organized society under one government
is known as state.
• A state is an organized political community living under a
single system of government.
Elements of state
 Physical bases of state
• Territory
• Population
 Political bases of the state
• Government
• Sovereignty

 Population
• Permanent citizenship and population which is living in state. It is the people
who make the state. Population is essential for the state. (permanent)
 Territory
• Territory is a complete and separate border of state. There can be no state
without a fixed territory. People need territory to live and organize
themselves socially and politically. It may be remembered that the territory
of the state includes land, water, and air-space. The modern states differ in
their sizes. Territory is necessary for citizenship.
 Government
• Government is the third element of the state. The ruling authority which is
controlling the activities and affairs of state. There can be no state without
government. Government is the working agency of the state. It is the
political organization of the state.
 Sovereignty
• The fourth essential element of the state is sovereignty. The word
sovereignty means supreme and final legal authority above and beyond
which no legal power exists. Sovereignty means complete internal and
external independence to sign any treaty and to enforce any law.

• The concept of Social Contract Theory is that in the beginning man
lived in the state of nature. They had no government and there was
no law to regulate them. There were hardships and oppressions on
the sections of society. To overcome from these hardships they
entered into agreements.
• When there were no law, so people were suffering from external
wars then they decided to appoint a superior person to protect
them and for this reason every inferior person compromised their
liberties and the person who got selected is responsible to others
rights.
• A relation of citizen with state is called Social Contract Theory.
• Reason: External Aggression, Equal Treatment
• Socrates is originator of Social Contract Theory.
• Confucius was Chinese philosopher before Socrates in 551.
• Every inferior should obey superior.
• Every “Junzi” is to be follow.

 Legal Concept
• The concept established by law while regarding any phenomenon.
 Etymology
• The word person has been taken from “Persona” which means “the mask”. It
was used by Roman Artist while playing any role.
• There were two types of person:
1- Persona Greata = liked one
2- Persona Non Greata = Disliked one
 Definition
• Any entity having rights and duties which can be attributed is known as
person.
 Kinds of Person
There are two kinds of person:
 Natural Person
• The living breathing person or the person who can breath is known as
Natural Person.
• The person which is made by Divine Entity is known as Natural Person.
 Artificial Person
• Any entity which have rights and duties assign by men or any entity declared
by law is known as artificial person.Prepared by: Fareed Khan

 Definition
• Anything belongs to a person
• Anything having value in law
• Aggregates of rights protected by law is known as Property.
 Typology of Property
 Corporeal Property
• The property which can be touched or which is having body is known as corporeal property.
• It is also called Tangible property.
o Types of Corporeal Property
 Moveable Property
• The property which can be moved is known as Moveable Property. Such as vehicle, watch, gold etc
 Immoveable Property
• The property which can not be moved and is permanently attached with land (earth). Such as
buildings, doors etc
 Incorporeal Property
• It is a legal right in property having no physical existence or the property which can not be
touched is known as Incorporeal Property.
• Incorporeal Property are other proprietary rights in ren.
• Two Kinds
 Jura in Reporia
• Proprietary rights over immaterial things e.g copyrights and trademarks.
 Jura in re aliena
• Whether over material or immaterial things e.g mortgages

 Definition
• A legal relation of a person with any object or property is
known as ownership.
 Essentials of Ownership
• The owner can retain that
• The owner can consume it
• The owner can destroy it
• The ownership for unlimited time
 Original ownership
• The ownership which is not derived from someone and you are
the direct owner of the object.
 Derivative Ownership
• The ownership which is derived from someone is known as
derivative ownership

 Corporeal Ownership
• It is the ownership of the material object.
• Corporeal things are those which can be seen and felt by the senses. Thus the things which have
corpus (body) is known as corporeal ownership.
 Incorporeal Ownership
• Incorporeal ownership are those which can not be perceived by the senses and are intangible
(which can not be touched)
 Single Ownership
• When the ownership is in the hand of single person.
 Co-Ownership
• When the right is vested more than one person then it is known as co-ownership.
 Legal Ownership
• When the ownership is established by a common court then it is known as Legal ownership.
 Equitable
• When the ownership is established by a chancellor court or equity. When you are holding a
property for the benefit of someone else on the basis of trust is known as Equitable ownership.
 Vested Ownership
• At the spot when you are the owner of something then it is known as vested ownership.
 Contigent ownership
• When you hold the ownership for the benefit of someone else then it is known as Contigent
ownership.

 Definition
• The person having rights to control any body or object is known as possession.
• A person has possession of something of the person knows of its presence and has physical
control of it or has the power to control it.
 Kinds of Possession
 Corporeal Possession
• The possession of material object is known as Corporeal Possession.
 Incorporeal Possession
• The possession which can not be touched or does not have material object is known as
incorporeal possession.
 Mediate Possession
• When the possession is for the benefit of someone else, then it is known as mediate
possession.
 Immediate Possession
• When person directly get or acquire something and has high degree of control over the
object then it is known as immediate possession.
 Adverse Possession
• It means holding the land on his own behalf of some other person. If adverse possession
continues peaceful and undistributed for number of years, then a person can claim
ownership and the true owner’s right.

 Legal Concept
• Lady Justice is an allegorical personification of the moral force in judicial systems.
• Romans made a statue of gods-image and showed how justice and law should be.
• A personification of statue which attribute justice. A statue showing justice is called
Lady Justice.
 Characteristics of Lady Justice
 Blindfold
• Impartial/Everyone are equal.
• Lady Justice has often been depicted wearing a blindfold. The blindfold represents
impartiality, the ideal that justice should be applied without regard to wealth, power
or other status.
 Sword
• Punishment/Sanction
• The next feature of Lady Justice is her sword. The sword represented authority in
ancient times, and conveys the idea that justice can be swift and final.
 Scale
• It measured the intensity of crime and punishment.
• It also measures agreement of two parties.

• When government use law as instrument to
control others and the controlling person is
superior than law.

• One that exercises supreme, permanent
authority, especially in a nation or other
governmental unit as: A king, queen, or other
noble…
• That authority which has been followed by
everyone but that authority doesn’t follow
anyone.

• The basic concept of human of right and wrong or the
general way of right living is known as Morality.
• Morality has to do with personal views on what is right
or wrong.
• Morality concerned with both the external acts and
internal motives.
• while Morality is the concern of conscience.
• Morality is concerned with the whole of man’s life.
• violation of morality is not punishable by the state.
• moral conscience is the sanction behind morality.
• Morality is vague and indefinite.
• Morality is universal.
• Morality applies to every human act.

• The 6th Imam, Ja’afar Ibn Muhammad Al Sadiq(AS) was
Born in Madina on 17th Rabiul Awwal 83 Hijri (23.4.702
AD).
• Up to the age of twelve years, Imam (AS) was brought up
under the guidance of his grand father Imam Zainul
Abideen
Then up to the age of 31 he passed his time under the
guidance of his father Imam Baqir(AS).
• He held the imamate for 28 years, longer than any other
Shia imam.
• His famous book is known as Kittab ul Kafi.
• Died in Madina on 15th Shawwal, 148 Hijri (7.12.765 AD)
at the age of 63. Period of Imamat 34 years.
• Imam Ja’afar Sadiq (AS) was buried in the cemetery of
Baqee in Madina by the side of his father Imam
Muhammad Baqir (AS)

• Real Name
Nuʿman ibn Thabit ibn Zuta ibn Marzubān
• Title = The Great Imam
• He was born on September 5, 702 (80 AH) in Kufa,Iraq.
• He was the founder of the Sunni Hanafi school of fiqh.
• Abu Hanifa was also one of the Tabi‘un*, the generation after the
Sahaba (companions), because he saw the Sahabi Anas ibn Malik, and
transmitted hadiths from him and other Sahaba.
• His early education was achieved through madāris and it is here that
he learned the Qur'an and Hadith, doing exceptionally well in his
studies.
• Abu Hanifa was one of the distinguished students of Imam Ja'far al-
Sadiq.
• In 763, al-Mansur, the Abbasid monarch offered Abu Hanifa the post
of “Chief Judge of the State” but he declined to accept the offer,
choosing to remain independent. His student Abu Yusuf was
appointed Chief Judge of the State of al-Mansur regime instead of
himself.
• In 150 AH, Abu Hanifa died in prison.

• Real Name
Mālik ibn Anas ibn Malik ibn Amr al Asbahi
• Title = Sheikh ul Islam
• One of the most highly respected scholars of fiqh in Sunni Islam
• Imam Shafi, who was one of Malik's student for 9 years
• He was born in 93 AH in Medina.
• His family was originally from the al-Asbahi tribe of Yemen.
• He memorized the Quran in his youth, learning recitation from
Imam Abu Suhail an-Nafi' ibn 'Abd ar-Rahman.
• Imam Malik wrote Al-Muwatta, “The Approved” which was said
to have been regarded by Imam Shafi'i to be the soundest book
on Earth after the Qur'an.
• He died in 179 AH in Medina.

• Real Name
Abu Abdullah Muhammad Ibn Idrees Al- Shafi’I
• He was a descendant from the Quraish tribe*
• He is the Only Imam who is related to Rasulullah (saw)
• Born in Gaza, Palestine in 150 A.H. (765 A.C.)
• He completed Hifz/ memorising all of the Quran at the tender age of 7 years
old and at the age of 13 memorized the “Kitabul Muwatta” of Imam Malik
• He was a mufti at the age of 15.
• At the age of 20, (170 A.H. / 785 A.C.) he went to Madina and became a
student of Imam Malik.
• He also learned with, 81 Shiekhs* from all of whom he acquired the
knowledge of the Quran, Hadith & Sunnah
• In 184 A.H. / 799 A.C., Imam Shafi’i was arrested and taken to Baghdad to
appear before Haroon Ar-Rasheed on trumped up charges of treason
• He returned to Makkah where he stayed for 9 years delivering lectures on
Islamic Law. It was during this period that Imam Ahmad ibn Hambal came into
contact with Imam Shafi’I
• His famous book is Al-Risala
• He died in Fustat, Cairo, Egypt on Friday evening after Maghrib, 29th RAJAB,
204 A.H. after a short illness at the age of 54 years.

• Ahmad bin Muhammad bin Hanbal Abu Abd Allah al - Shaybani popularly
known as Imam Ahmad ibn Hanbal is considered the founder of the Hanbali
School of Islamic Jurisprudence.
• He was born in Baghdad in 164 AH.
• Ibn Hanbal had two wives and several children, including an older son ,
who later became a judge in Isfahan.
• Title = Sheikh-ul-Islam
• Started teaching at the age of 40.
• His famous book is Masand ul Imam Ahmad
• His Personal Attributes:
– Strong Memory and understanding of Hadith
– Patience and Perseverance
– Honesty
– Adherence to Sunnah and Avoiding Arguments
– Sincerity
– Presence and Character
• The Imam died in Baghdad in 241 AH at the age of seventy seven.

• Born on 3 March 1790 in Creeting Mill, Suffolk
• Worked in Army for 5 years
• Austin was appointed professor of Jurisprudence
at the newly founded University of London in
1826 and he resigned his University post in 1834.
• He wrote a book known as “Province of
Jurisprudence” published in 1832.
• He is known as Father of English Jurisprudence.
• Austin died on 1 December 1859 in Weybridge,
Surrey

• Born on February 15th 1748
• Studied at Queen’s College in Oxford in 1760, and
after he studied law at Lincoln’s Inn.
• Founder of Positivism
• Change the concept of morality into utility.
• In 1776 Bentham published his first book “A Fragment
on Government.”
• Bentham defined his theory of utilitarianism in his
book The Introduction to the Principled of Morals and
Legislation published in 1789
• Bentham died on June 6th 1832
• Bentham directed that his body was to be mummified
and put in a wooden cabinet called an Auto-icon.

• Born in BC 384 in Stagira
• Joined the famous ‘ACADEMY’ of the greatest philosopher
Plato at the age of 17 year.
• In BC 347 left ACADEMY.
• In BC 342 became the tutor of Alexander the Great .
• In BC 335 ESTABLISHED ‘LYCEUM’.
• Aristotle ‘s views on women influenced later western
thinkers . He saw women as subject to men , but as higher
than slaves.
• ARISTOTLE’S SCHEME OF EDUCATION
• 1:The early education is the responsibility of parents .
• 2:Further education is the responsibility of the state.
• 3: At the same time parents are responsible for the moral
development.
• Died in BC 322 in Euboea.

• Kong Qui, better known as Confucius, was born in 551 B.C. in
the Lu state of China (near present-day Qufu).
• Compiled a historical account of the 12 dukes of Lu, called
the Spring and Autumn Annals.
• His social philosophy was based primarily on the principle
of "ren" or "loving others" while exercising self-discipline.
He believed that ren could be put into action using the
Golden Rule, "What you do not wish for yourself, do not
do to others." (Lunyu 12.2, 6.30).
• To Confucius, the main objective of being an educator was
to teach people to live with integrity.
• Confucius Quotation
Treat others the way You want to be Treated.
• Confucius died on November 21, 479 B.C. in Qufu, China,
a year after losing his son, Tzu-lu, in battle.

• Thomas Hobbes was born on 5 April 1588 in London.
• He received his college education at Oxford University in
England, where he studied classics.
• Hobbes traveled to other European countries several times to
meet with scientists and to study different forms of
government.
• Hobbes is best known for his 1651 book Leviathan, which
established the social contract theory. Leviathan was written
during the English Civil War.
• In Leviathan he states that “Man is wolf for others”. For his
wishes and demands he would not care for other’s rights.
• Hobbes Quotation
Leisure is the Mother of Philosophy.
• Hobbes was died on 4 December 1679 in Derbyshire, England.

Intro to law (notes)

Empfohlen

Empfohlen

Weitere ähnliche Inhalte

Was ist angesagt?

Was ist angesagt? (20)

Ähnlich wie Intro to law (notes)

Ähnlich wie Intro to law (notes) (20)

Kürzlich hochgeladen

Kürzlich hochgeladen (20)

Intro to law (notes)