IS THE MEANING OF ISLAMIC JURISPRUDENCE SIMILAR TO THAT OF WESTERN JURISPRUDENCE?
IN MANY WAYS THEY ARE SIMILAR IN STRUCTURE
Western jurisprudence also deals with the same three things:
- the formal structure of the law,
- the sources of law and
- the legal concepts.
Thus, when we look at Salmond’s book, we find that it has three parts that deal with the subject in exactly the same way. It deals with the general structure and classification of laws; the sources of law (legislation, precedent and custom) and then with legal concepts (like rights, persons, ownership, property, obligations, liability and so on).

THERE IS A SLIGHT DIFFERENCE
The difference lies in the number of legal concepts discussed. Usul al-Fiqh discusses rights, persons (legal capacity), and liability. It does not include the discussion of concepts like property, ownership, obligations, titles, evidence and procedure. In his well known book on jurisprudence, Sir Abdur Rahim added these topics to traditional system. This was a good attempt and there is no reason why these concepts cannot be discussed in usul al-Fiqh. The additional concepts are available in the books of Fiqh or the law. It is for this reason that Abdur Rahim writes in the preface to his book “The Principles of Muhammadan Jurisprudence: According to the Hanafi, Maliki, Shafi‘i and Hanbali Schools”:
In writing the remaining chapters I have not had the same invaluable help of these eminent jurists [of Usul}, who did not think fit to pursue their investigations beyond the limits of the topics dealt with in Chapters II to V. In Chapters VI to XII, I have endeavoured to explain the fundamental theories and legal ideas on which the different departments of the Muhammadan system are based and to set forth the important principles which impart to the Muhammadan legal code, under its several heads, its peculiar features. These theories and principles are to be found interspersed in such authoritative works on Muhammadan law as the “Hedaya,” the “Sharhu ’l-Viqaya” and others.