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The Primary Sources

This document discusses the primary and secondary sources of Islamic law. The primary sources are the Quran, hadiths, scholarly consensus (ijma), and analogy (qiyas). Secondary sources include previous scholarly interpretations, translations, and independent reasoning (ijtihad). While secondary sources provide context, the primary sources of the Quran and hadiths are considered the basis for deriving and extending legal rulings in Islam.

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Shoukat Ali
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46 views

The Primary Sources

This document discusses the primary and secondary sources of Islamic law. The primary sources are the Quran, hadiths, scholarly consensus (ijma), and analogy (qiyas). Secondary sources include previous scholarly interpretations, translations, and independent reasoning (ijtihad). While secondary sources provide context, the primary sources of the Quran and hadiths are considered the basis for deriving and extending legal rulings in Islam.

Uploaded by

Shoukat Ali
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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The Sources of Law Under Islamic Law

To begin with, the meaning of the term source as used in Islamic law does not differ much from
its use in positive law. If we look at the sources of research method in Islamic legal research, it
can be classified into two main categories:

The Primary Sources

The sources directly related to the problem are the main and primary sources. Their originality
may differ in degree. For instance, studying Qur’an while working on “the Quranic view of
state” is primary importance than consulting books on the problem.

The primary sources in Islamic studies are the Qur’an, Hadith, Ijmā’ and qiyas .1 A research work
done on the view of school or person relates the writings of that particular school or person as
its main primary source.

However, according to Imran Ahsan Khan Nyazee states that the primary sources are the
Qur’an and the Sunnah, because these sources contain the law for many cases and also serve as
the basis for the extension of the law. In addition, the consensus of legal opinion (Ijma’) also
contain the law, and its provisions can be used for the extending the law. But, in some basis, we
must turn to the Qur’an and Sunnah again, that’s why some jurists still consider that the
primary sources are Qur’an and Sunnah. 2

Al-Qur’an

The Qur’an is the book revealed the messenger of Allah, Muhammad (PBUH) as written in the
Mashaf and transmitted to us from him through authentic continuous narration (tawatur)
without doubt.3 Other jurist defines that the Qur’an is the words of Allah (Exalted) that were
revealed to the Prophet (PBUH) in Arabic through the Angel Jibril (PBUH).

1
Ali, Muhammad Mumtaz Ali, (1995), Conceptual and Methodological Issues in Islamic Research: A Few
Milestones, (Kuala Lumpur: Dewan Bahasa dan Pustaka, Kementerian Pendidikan Malaysia), p. 204-205
2
Imran Ahsan Khan Nyazee, Islamic Jurisprudence, (Selangor: Mutiara Majestic, 2000), p. 156.
3
Al-Bazdawi, Usul al-Bazdawi in ‘Abd al-Aziz al-Bukhari , Kashf al-Asrar ‘an Usul al-Bazdawi, 1 st edition. p. 23
Some jurists add the words “revealed in Arabic” to emphasise that it cannot be translated,
while other say that the Qur’an is the revealed and miraculous speech of Allah . . .,” to
emphasise i‘jaz (inimitable and miraculous nature) of the Book.4

Sunnah

The Sunnah can be defined as the saying, deeds, tacit approvals which emanated from the
Prophet (PBUH). The significant element of the Hadis is that it is the collection of the narrations
or texts that address that the Prophet said, did, approved or disapproved.

Ijma’ (Consensus of Legal opinion)

The word ijma’ has literal meanings as well as a technical meaning. Literally, it be used in two
senses. The first is determination and resolution. The second sense is agreement upon a matter.
However, in the technical sense, ijma’ can be defined as the consensus of the mujtahids
(independent jurist) from the ummah of the Muhammad (PBUH), after his death, in the
determined period upon a rule of Islamic law (hukm syar’i).5

Qiyas (Analogy)

Qiyas has a literal meaning as well as the technical sense. In its literal meaning the word qiyas
means measuring or estimating one thing in terms of another. It also applies to making two
things equal, that is comparing. This comparison maybe physical or it may rational. In the
technical sense however, qiyas can be defined as the assignment of the hukm of the existing
case found in the texts of the Qur’an, the Sunnah, or Ijma’ to a new case whose hukm is not
found in these sources on the basis of the common underlying attribute called the ‘llah of the
hukm.6

The Secondary source

4
Imran Ahsan Khan Nyazee, Islamic Jurisprudence, p. 157
5
Imran Ahsan Khan Nyazee, Islamic Jurisprudence, p. 183
6
Imran Ahsan Khan Nyazee, Islamic Jurisprudence, p. 214
The researches carried on previously and the interpretations put forth and the views expressed
previously form the secondary source. In Islamic studies interpretations, translations, private
opinions, and even the ijtihad can be classified as the secondary source. 7

Furthermore, other sources based on human reason are secondary sources in the sense that,
principles or rules or rulings that are extracted based on human experience called Ijtihad should
not contradict any provision in the primary sources. Otherwise, any provision based on the
human reason that contradicts with the provision in the primary sources must throw out of
mind.

7
Ali, Muhammad Mumtaz Ali, (1995), Conceptual and Methodological Issues in Islamic Research: A Few Milestones

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