2.5 Sources of Islamic Law PDF

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PAPER: 2
Islamic Studies 9448
2.5 Sources of Islamic law (shariah)
Content
• sources used to derive opinions; why they are important and
how they are used together in order of priority:
– primary sources of Islamic law (shariah), the Qurʾan and
Sunnah; the progressive revelations from Mecca to Medina;
issues of strong (sahih) and weak (daʿif) Hadith
– secondary sources including consensus (ijmaʿ), analogy (qiyas)
or reasoning (ʿaql) and variation in opinion about their use
– references to the habits of the people of Medina; local
cultural practices (ʿurf); the companions (sahaba) of the
Prophet (pbuh) and their followers.
1. Holy Quran
2. Sunnah / Hadith (sayings of the Holy Prophet (P.b.u.h)
3. Ijma (consensus of Opinion)
4. Qiyas (analogy)
All of these sources are interlinked and organized while
making laws.
Quran and Sunnah are collectively called Primary sources

while the other two are called secondary sources as they
depend on the primary sources.
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Holy Quran:
It is the primary source of Islamic Law and is independent of
all other sources.
It is the Devine, eternal and complete word of Allah which is a

source of guidance, for all Muslims.
It provides for Human, the knowledge of right and wrong.
The Quranic Law deals with beliefs, morality, worship, civil

transactions, and punishment for international injury to
human body, property and honour etc.
Allah says in Quran:
“This is the book in it is guidance sure without doubt to those

who fear Allah”
The injunctions of the Quran are the basis of the Islamic

Shariah and the sacred laws of Islam.
This law is perfect and comprehensive. It governs all the

actions of a Muslim. It is eternal, everlasting and
unchangeable.
It is universal as it is for all the man kind.
Laws given in the Quran are humanistic in nature, in that they

provide for a margin of error due to the weakness of human
nature.
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“Allah does not a soul with more than it can bear”

Examples of laws stated in the Quran:
“As for the thieves cut off his or her hands”
“For other vices Allah says: “You who believe strong drink and
games of chances and idols and divining arrows are only an
infamy of Satan’s hand work. Leave it aside in order that you
may succeed”
“Those who unjustly eat up the property of orphans eat up the
fire into their own bodies”
“We ordained there in for them life for life, eye for eye, nose
for nose , ear for ear, tooth for tooth, wound for wound ,
equal for equal”

Sunnah:
It is the second and primary source of Islamic Law.
Sunnah means the sayings, actions or silent approvals of the

Prophet (P.b.u.h). Sunnah of the Prophet is not only an
elaboration of the meaning of the Quran, but also addresses
issues upon which Quran is silent. As the Muslim community
grew, need was felt to supplement the Quran with Sunnah.
The Quran itself mentioned the need to resort to Sunnah in

particular situations by saying:
“We have sent the admonition to you (O Muhammad) so that

you should make plan and explain to the people the teachings
of the book which has been sent for them”
Relationship Of Quran With Sunnah:
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The Quran tells us repeatedly “Establish prayers and pay

charity”, but it doesn’t explain how frequently a person
should pray or what is the method of praying and timing of
prayers etc.
This was explained by the Prophet as he himself said: “Pray as

you have seen me praying”
Similarly Quran enjoins the Muslims to pay Zakat but it

doesn’t explain the rate of the Zakat or how many times in a
year a person should pay Zakat, all this was explained by the
Prophet as he said:
“No Zakat is payable on property until a year passes away on

it”
Allah commands that teachings of the Prophet (P.b.u.h)

should be obeyed:
“Obey Allah and obey the Prophet”

“Whatever the Prophet gives you take it and whatever he
forbids you refrain from it.
Ijma:
It is the third and secondary source of Islamic Law. Its

meaning is unanimous agreement.
It is the consensus of majority opinion of the Muslim Jurists

at a particular time and of a particular generation.
Quran itself approves of the Ijma:

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“O you who believe, obey Allah, and Obey His messenger and
those charged with duty amongst you”
However it must be noted that to perform Ijma, the legal
experts must have complete knowledge of Quran and
Sunnah, because Ijma of modern experts can’t go against the
teachings of Quran and Sunnah.
They should also have in depth knowledge about the

previously performed Ijmas and also of the new problemundr
consideration.
Prophet Muhammad (P.b.u.h) once said:
“Hold fast to my sunnah and the sunnah of Khulfa- e –

Rashidin”
Ijma was practiced even during the life of the Holy Prophet
when he consulted his companions on different occasions
before giving his personal opinion.
Examples of Ijma performed during Prophet’s (P.b.u.h) Life:

Battle of Uhad: Prophet consulted his companions and agreed
with the opinion of the majority and fought the war out of
Madina.
Battle of Trench: He had the trench dug around Medina on
the suggestions of Salman Al Fars
He once said “My companions are like stars those who follow
them get guidance”
Other Examples of Ijma after the Death of Prophet:

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Compilation of the Quran:

On suggestion of Umer and by Ijma of the companions, Quran
was compiled in a book form when many companions of the
Holy Prophet were killed in the battle of Yamama.
Two Calls for Friday Prayers:

During Hazrat Usman’s Caliphate it was decided by the
experts to have two calls for prayers on Fridays.
Trawih Prayer:
The Prophet prayed trawih only 3 or 4 times in congregation
in his life time. It was later during the caliphate of Hazrat
Umer that the system of congregation of Trawih was added
after Isha prayer during Ramazan.
Qiyas:
It is the fourth source of Islamic Law. It is the legal method of
deducing one principle from another by comparing them
together.
It can only be performed when both Quran and Sunnah are

silent on a particular issue and even no Ijma is performed
earlier. The purpose of Qiyas is to facilitate Muslims to
fashion their lives according to Islam in the modern world.
Permission of its use is found in the famous dialogue between

the Prophet (P.b.u.h) and Muadh bin Jabal when he was
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appointed governor of Yemen. The Holy Prophet allowed him

to exercise his own opinion if he had failed in finding a
solution, to some problem in Quran and Sunnah.
Qiyas like Ijma is required to be in accordance with the

primary sources of Islamic Law.
The Quran says:
“Marry women of your choice, two or three or four, but if you fear
you shall not be able to do justice then only one”
Here the second clause (but if you fear...) allows for humans to apply
their own reasoning and choose for what suits them best but within
the limits defined by Quran.
Quran at another point says:
“There are signs in this for people who understand”

Components of Qiyas:
Asl: The actual injunction in Quran and Sunnah.
Illa: Reasoning behind the injunction.
Hukm: The new deduction made.
Far: The link between the injunction and deduction.
Example:
The Quran forbids sales transactions after the call of prayer on

Friday (Asl). By analogy /Qiyas all kinds of transactions (Far) have
been forbidden (hukm) because like sales they also distract Muslims
from the Friday Prayers (Illa).

“Every intoxicant is khamr so every intoxicant is haram”

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The Holy Quran forbids the use of Khamr (an alcohol of grapes)
(Asl). By Qiyas (analogy, heroin and other intoxiacnts (Far) are also
because like Khamr they also cause intoxication. However, since it
involves a lot of individual effort, it is sometimes not encouraged by
some scholars.
Why Some Scholars Reject Qiyas:

A verse of Quran says:
“O ye who believe! Put not your selves forward before God and his
apostle…”
Thus some scholars claim that Qiyas means” putting yourself
forward”
Analogy leads to discord among the Muslims, because it doesn’t lead

to exactly the same opinions where different jurists are exercising it
and what leads to differences should be stopped. Thus due to the
varying and conflicting answers that can be given it is rejected by
some scholars.
Significance of Quran as the Basis of All Thought and Actions for

Muslims:
 The Quran is Allah’s Final Message to human kind.
 It is the undisputed text for all Muslims.
 It contains the principles of all aspects Deen, Belief and Practice.
 It shows difference between right and wrong.
 It contains the laws for all situations personal, financial, criminal
and law making.
 It is the first and invariable source of law
 The Quran says:
“Blessed is he who sent down the criterion to His servant, that it may
be on admonition to all creatures”
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ʿUrf means custom or local culture. In Fiqh, the local culture can be
used as a basis for deriving laws in areas that are culturally sensitive
and not explicitly detailed in the Quran and Sunnah. Although the
term ʿUrf is primarily used by Ḥanafī and Mālikī scholars, the
principle of utilizing the local culture in formulating Fiqh rulings is
actually found in every madhhab.
Types Of ‘Urf:
a. Al-‘urf Al-sahih (Approved)
b. Al ‘Urf Al Fasid (Disapproved)
The Approved Is Divided Into 2 Groups:
a. Qawli – Verbal (Words Like Roza, Namaz Etc)
b. Fi’li – Action (Recurrent Practices)
2 Categories:
a. ‘Urf Al ‘Aam (Practice Of All People Everywhere)

b. ‘Urf Al Khaas (Practice Of A Particular Country Or Locality Or Some Places)
Conditions for acceptance of ʿUrf
However, not all cultural practices are accepted as good in Islamic

Law. There are strict conditions in place to prevent this principle
from being abused. These conditions can be listed as five:
1. It must be popularly and consistently followed by the majority.

2. It must be the current culture at the time of the ruling.
3. It cannot contradict a stipulated condition.
4. It must not contradict Quran, Sunnah, and Ijmaʿ
5. When ʿUrf and Qiyas contradict, Istiḥsān can be used to
resolve the conflict.
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When ʿUrf meets these five conditions, it becomes accepted as a

source of local law. It is also important to note that ʿUrf is used
primarily in muʿāmalāt (social dealings), rarely in ʿibādāt (acts of
worship). This is because acts of worship are derived primarily from
revelation, whole social dealings change from culture to culture, so
the shariʿa remains flexible regarding the second, but not as much
regarding the first.
As a result, ʿUrf is primarily used as a principle in the Fiqh of

business, marriage, family, food, clothing, entertainment, and other
social issues. This makes it extremely relevant to our times, and one
of the core components in the contemporization of Fiqh.
Examples of ʿUrf
Historical Examples of ʿUrf  The Prophet (s) and his companions

dressed and ate according to the ʿUrf of Arabia at that time  When
Sahaba moved to Syria, Egypt and other lands, they adapted the
ʿUrf of those lands  Wedding customs are different in every
Muslim country  the style of Hijab worn by women differs from
country to country
The way Muslims dress is largely dependent on ʿUrf. While covering

the awrah (navel to knees for men, everything except face and hands
for women) is an obligation, there is no set ruling on what type of
clothing is needed to do this. The idea of Islamic Clothing is a
misnomer that developed only in recent times. In most Muslim
lands, the style of clothing is largely dependent on ʿUrf as long as it
meets the requirements of the Shariah.
Similarly, the rights of spouses are largely dependent on ʿUrf. The

Quran simply calls for good treatment of one’s spouse, without
going into details. Good treatment is a cultural variable, as what is
considered good in one country may not be considered good in
another. In some cultures, women are expected to cook for their
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families, in other cultures men provide the food, and some cultures
may outsource food preparation to others (servants in ancient
cultures, restaurants in modern cultures). The debate on whether it
is a woman’s duty to cook or not is dependent on culture, and the
ruling will change with the change of cultures.
3. Importance Of Shari’ah
a. (2: 2) This Is A Book … There Is No Mistake In It”. It Is Sacred.
It Is A Divine Source Of Law
b. (53: 3) “Nor Does He Speak Out Of His Desires, But It Is Inspired
To Him”. Inspirations
from Allah
c. (4: 59) “O You Who Believe, Obey Allah and Obey the
Messenger and Those Who Are In Authority Among You”
a. Element Essential to Perfect Mankind.
b. Means of Guaranteeing Felicity for Man (Happiness, Success and
Satisfaction)
c. A Guide to How to Put Into Practice Different Institutions like
Swalaat, Sawm, Hajj Etc
d. Regulate Our Lives Through The Knowledge Of Halal, Haram,
Sunnah, Makruh, Mubah Or Nawafil.
e. A Guide in This Modern World Where Materialism Is Prevailing
Shari’ah in This Modern World

a. Transplantation of Organs
b. Halal Food and Halal Gain
c. Marriage Ceremony
d. Blood Transfusion e. Use of Technology – Multi Media etc.
f. A Multi-Cultural Society
g. Intermingling Of Both Sexes on School, College or University
Compounds
h. Code of Conduct to Be Respected When Living Among the Non-
Muslims.
i. Shari’ah Comes To Spiritualize Our Private and Public Lives
Questions:
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What are the 4 main sources of Islamic law?

Describe the use of Quran in legal thinking as the fundamental source
of Islam?

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Quran and Sunnah are collectively called Primary sources

It is the Devine, eternal and complete word of Allah which is a

It provides for Human, the knowledge of right and wrong.

The Quranic Law deals with beliefs, morality, worship, civil

Allah says in Quran:

“This is the book in it is guidance sure without doubt to those

The injunctions of the Quran are the basis of the Islamic

This law is perfect and comprehensive. It governs all the

It is universal as it is for all the man kind.

Laws given in the Quran are humanistic in nature, in that they

“Allah does not a soul with more than it can bear”

Sunnah means the sayings, actions or silent approvals of the

The Quran itself mentioned the need to resort to Sunnah in

“We have sent the admonition to you (O Muhammad) so that

The Quran tells us repeatedly “Establish prayers and pay

This was explained by the Prophet as he himself said: “Pray as

Similarly Quran enjoins the Muslims to pay Zakat but it

“No Zakat is payable on property until a year passes away on

Allah commands that teachings of the Prophet (P.b.u.h)

“Obey Allah and obey the Prophet”

It is the third and secondary source of Islamic Law. Its

It is the consensus of majority opinion of the Muslim Jurists

Quran itself approves of the Ijma:

They should also have in depth knowledge about the

Prophet Muhammad (P.b.u.h) once said:

“Hold fast to my sunnah and the sunnah of Khulfa- e –

Examples of Ijma performed during Prophet’s (P.b.u.h) Life:

Other Examples of Ijma after the Death of Prophet:

Compilation of the Quran:

Two Calls for Friday Prayers:

It can only be performed when both Quran and Sunnah are

Permission of its use is found in the famous dialogue between

appointed governor of Yemen. The Holy Prophet allowed him

Qiyas like Ijma is required to be in accordance with the

The Quran says:

Quran at another point says:

“There are signs in this for people who understand”

The Quran forbids sales transactions after the call of prayer on

“Every intoxicant is khamr so every intoxicant is haram”

Why Some Scholars Reject Qiyas:

Analogy leads to discord among the Muslims, because it doesn’t lead

Significance of Quran as the Basis of All Thought and Actions for

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a. ‘Urf Al ‘Aam (Practice Of All People Everywhere)

Conditions for acceptance of ʿUrf

However, not all cultural practices are accepted as good in Islamic

1. It must be popularly and consistently followed by the majority.

When ʿUrf meets these five conditions, it becomes accepted as a

As a result, ʿUrf is primarily used as a principle in the Fiqh of

Historical Examples of ʿUrf  The Prophet (s) and his companions

The way Muslims dress is largely dependent on ʿUrf. While covering

Similarly, the rights of spouses are largely dependent on ʿUrf. The

Shari’ah in This Modern World

What are the 4 main sources of Islamic law?

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