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The extent to which the laws of previous prophets are committing in Islamic law (Shariah) | ||
| Kirkuk University Journal: Humanity Studies | ||
| Volume 21, Issue 2, June 2026, Pages 152-173 PDF (1.12 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.32894/1992-1179.2026.168635.1340 | ||
| Author | ||
| Najib Mohsen Shakir Al-Assaf* | ||
| Salahaddin University – Erbil – College of Education – Shaqlawa | ||
| Abstract | ||
| Allah sent Muhammad (peace be upon him) with the true religion, making him the final of the Prophets and Messengers, and his law the final law. The rulings in all divine laws are divided into two section : fundamentals and branches. The fundamentals are belief in God, His angels, His books, and His messengers, without any disagreement. The branches are matters on which the divine laws differ, and these are the intended meaning in the laws of those who came before us. The subject of “the laws of those before us” is one of the significant matters and topics among scholars of the principles of jurisprudence. What is meant by the laws of those before us is not what our law has approved and what our law has abolished, for there is no disagreement about this. Rather, what is meant is what our law has neither approved nor abolished. The scientists researched, discussed, and paid more attention to it, the point that Al-Juwayni said: “The schools of thought were confused about this.” Here, it is necessary to clarify and fixed our Sharia's position on it, and to understand the validity of this evidence, the soundness of reasoning rely on it, and to clarify the scholars' opinions on it. This topic we are discussing is specifically mentioned in books on the principles of jurisprudence, and in the section on disputed evidence. The Significant of research the laws of those before us is highlighted by the legal rulings of previous nations transmitted through revelation, as they are a source of legal reasoning in the principles of jurisprudence, as some consider them a committing argument unless abrogated by Islamic law. Studying them helps in understanding the legislative gradation, controlling the process of their Idea (ijtihad), and elaorating verses and hadiths. This Study aims to clarify the concept and authority of the laws of previous prophets in accordance with all schools of Islamic jurisprudence. It is structured into an introduction, four main sections, and a conclusion. | ||
| Keywords | ||
| Proofs; legislation; rules; jurisprudential opinions | ||
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