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Sources_of_Islamic_Law

Uploaded by

muhammadabdullahjaved36603
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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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Sources of islamic laws

Primary and Secondary

BY:
muhammad abdullah javed
23I3010
Sources of Islamic Law
Introduction
Fiqh, or Islamic jurisprudence, refers to the comprehensive understanding
and interpretation of Islamic law, which governs the lives of Muslims. Derived
from the Arabic word 'Fiqh,' meaning 'deep understanding,' Islamic
jurisprudence is an essential guide for addressing a range of legal, moral, and
social issues in accordance with the will of Allah. The sources of Islamic law
are classified into primary and secondary categories.

Primary Sources
The Quran
The Holy Quran is the foundational source of Islamic law, containing divine
injunctions that address moral, social, and legal aspects of life. It was revealed
over 23 years, with initial revelations focusing on beliefs and morals, and
later chapters addressing laws on crime, succession, and governance. For
instance, the Quran states, "Give full measure when you measure and weigh
with a balance that is straight" (17:35), emphasizing fairness and justice.

The Quranic laws are considered universal, eternal, and applicable across
time and cultures, providing a solid framework for Islamic jurisprudence.

Example:
The Law

"Cut off the hand of the thief, male or female, as punishment for what
they have done—a deterrent from Allah. And Allah is Exalted in Might
and Wise."
(Surah Al-Ma'idah, 5:38)

Sunnah and Hadith


The Sunnah, encompassing the actions, sayings, and approvals of the Prophet
Muhammad (PBUH), complements the Quran by providing detailed
explanations of its principles. Hadith, the recorded accounts of the Prophet's
life, are crucial for understanding the Sunnah. For example, while the Quran
commands Muslims to pay zakat, the exact calculation and percentages are
clarified through the Hadith, such as: 'No sadaqa (zakat) is payable on less
than five camel heads and on less than five uqiyas (of silver)' (Muslim).

Example:
Law on Eating Domesticated Donkeys

In the Quran:
The Quran provides general guidelines about permissible and impermissible
foods but does not explicitly mention domesticated donkeys. It states:

"Say, 'I do not find within that which was revealed to me [anything]
forbidden to one who would eat it unless it be a dead animal or blood
spilled out or the flesh of swine...'"
(Surah Al-An'am, 6:145)

In the Hadith:
The prohibition of eating the meat of domesticated donkeys comes
specifically from the Sunnah.

Secondary Sources
Ijma (Consensus of Opinion)
Ijma refers to the collective agreement of Islamic scholars on legal issues not
explicitly addressed in the Quran or Sunnah. It ensures unity and adaptability
within Islamic law. The Prophet Muhammad (PBUH) emphasized its
importance, stating, 'Whatever the Muslims hold to be good before Allah, it is
mandatory upon you to follow.'

Example:
Case: The Obligation of Tarawih Prayer in Congregation During
Ramadan
Context:

During the lifetime of the Prophet Muhammad (PBUH), the Tarawih prayer
(night prayer in Ramadan) was initially prayed in congregation but was later
performed individually to avoid making it obligatory on the Ummah.

Ijma Achieved:

During the caliphate of Umar ibn Al-Khattab (RA), he reintroduced the


practice of praying Tarawih in congregation. He organized Muslims to pray
under one imam, saying:

"This is a good innovation."


(Sahih Bukhari, Book 32, Hadith 227)

The companions unanimously agreed with this decision, establishing an Ijma


on the permissibility and benefit of congregational Tarawih.

Qiyas (Analogical Reasoning)


Qiyas involves deriving legal rulings for new situations based on established
principles in the Quran and Sunnah. For example, the prohibition of wine in
Islam due to its intoxicating effects leads to the analogous prohibition of other
intoxicants. This method ensures that Islamic law remains relevant and
responsive to changing circumstances.

Example of Qiyas (Analogical Reasoning)


Case: Prohibition of modern drugs (e.g., cocaine, heroin).

The Ruling in the Quran (Original Case - Asl):

The Quran prohibits intoxicants, such as alcohol:

"O you who have believed, indeed, intoxicants, gambling, [sacrificing on]
stone alters [to other than Allah], and divining arrows are but
defilement from the work of Satan, so avoid it that you may be
successful."
(Surah Al-Ma'idah, 5:90)

The reason (‘illah) for the prohibition is that intoxicants impair judgment and
harm health.

Applying Qiyas (New Case - Far’):

1. Original Case (Asl): Prohibition of wine in the Quran.

2. Reason (Illah): Wine is prohibited because it causes intoxication and


impairs judgment.

3. New Case (Far’): Modern drugs like cocaine and heroin also cause
intoxication and similar harmful effects.

4. Ruling (Hukm): By analogy, modern drugs are also prohibited


(haram).

Ijtihad (Independent Reasoning)


Ijtihad is the process of independent legal reasoning conducted by qualified
scholars, known as mujtahids. It applies to cases not explicitly covered by
primary or secondary sources. A mujtahid must possess deep knowledge of
the Quran, Hadith, Arabic linguistics, and principles of Islamic jurisprudence.

Example:
Permissibility of organ transplantation based on the principle of preserving
human life.

Examples and Contemporary Applications


The adaptability of Islamic law through sources like Ijma, Qiyas, and Ijtihad
allows it to address contemporary challenges. For instance, the prohibition of
modern drugs with intoxicating effects stems from Qiyas. Similarly, Ijma can
guide Muslims in adopting technologies or practices aligned with Islamic
principles.

Conclusion
The sources of Islamic law provide a comprehensive and dynamic framework
for governing the lives of Muslims. While the Quran and Sunnah form the
foundation, secondary sources like Ijma, Qiyas, and Ijtihad ensure that Islamic
jurisprudence remains adaptable and relevant. Together, these sources
uphold the principles of justice, welfare, and faith in Allah's guidance.

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