the law of past communities (شَرْعُ مَنْ قَبْلَنَا)

the law of past communities (شَرْعُ مَنْ قَبْلَنَا)


أصول الفقه

التعريف :


What is confirmed in Islamic religious text to be the law given to earlier prophets and there is nothing in Islamic law to invalidate it.

المعنى الاصطلاحي :


The laws of previous heavenly-inspired religions that were authentically transmitted to us, Muslims.

الشرح المختصر :


"Shar‘u man qablanaa" (laws of previous religions) refers to the rulings of the heavenly-inspired religions which preceded Islam. These are used by jurists as Shariah-based evidence through which a jurist can derive Islamic legal rulings. "Shar‘u man qablanaa" is of three types: 1. What contradicts our Shariah or has been abrogated by it. This is invalid and cannot be used as legal evidence by anyone. 2. What conforms to our Shariah or is supported by it. This is established primarily by our Shariah, and not by the laws of a previous religion. 3. What is neither contradicted, nor abrogated, nor supported, nor requested by our Shariah. This is considered part of our Shariah if its authenticity is established.