Sources Of Shariah

Muhammad Afraz
Muhammad Atif
Muhammad junaid
Muhammad Haseeb
 Primary sources
– Quran
– The Sunnah
– Ijma
– Qiyas
• Supplementary sources
– Istihsan
– Istislah
– Urf
 Shariah
“The Islamic system”
• Word , Shari‟ah, derived from the root letters sh-ra-„a, denotes
„a law or ordinance
• ‟way of belief and practice in respect of religion.
• „the way to a watering-place„
• fluid and fluidity
 The Qur’an
• Book containing the speech of God revealed to the Prophet
Mohammad (s.a.w)
• 114 Suras, 6666 verses
• Revealed over a period of 23 years
• About 1/10 of the verses relate to law
• third Caliph, Usman, compiled it in a single volume.
 The Qur’an and its Legislative
Characteristics
• Qur‟an is the primary source authoritative guide for the
Muslims
• “This is the perfect book; there is no doubt in it.”
• Maqasid al-Shari‟ah, are religion, life, intellect, family and
property, were all fundamentally elucidated in the Makkan
portions of the Qur‟an
• Religion: To ensure the establishment of religion, God
Most High has made belief and worship obligatory. To
ensure its preservation.
• Life: To ensure the preservation of human life, God
Most high legislated for marriage, healthy eating and
living, and forbad the taking of life and laid down
punishments for doing so.
• Intellect: God has permitted that sound intellect and
knowledge be promoted, and forbidden that which corrupts or
weakens it, such as alcohol and drugs.
• Lineage: Marriage was legislated for the preservation of
lineage, and sex outside marriage was forbidden.
• Wealth: God has made it obligatory to support oneself and
those one is responsible for, and placed laws to regulate the
commerce and transactions between people, in order to ensure
fair dealing, economic justice, and to prevent oppression and
dispute.
 Hadith
• TAHDIS means To inform.
• HADASA means to be new one.
• The term Hadith refers to reports of statements (QAULI) or
actions of Muhammad(saw) (FAILEE), or of his tacit approval
of something said or done in his presence(TAQRIRY).
• 2 parts. Matan and Isnad.
Difference b/w Hadith and Sunnah
• Sayings and actions of Prophet. Words might
not be correct each time.

• Path fallowed by Prophet. Practices of

• Hidden Revealation.. Hadith.

• Sahih Muslim.
(Imam Muslim Ibn Hajjaj)

• Sunanne Abi Daud.

• Jame’ae Tirmizi
(Imam Abu Essa Muhammad Bin Essa)

• Al-Sunan-E-Nisai
(Imam Nusai)

• Al-Sunan-E-Ibni Maja
(Imam Ibn Maja)
 Ijma
• ijmā,  (Arabic: “agreeing upon,” or “consensus”), the universal and
infallible agreement of the Muslim community, especially of Muslim
scholars on any Islāmic principle, at any time. The consensus—based on
the Ḥadīth (sayings of Muḥammad), “My people will never agree in an
error”—constitutes the third of the four sources of Islāmic jurisprudence.
• Few Definitions from different Imams:
– Imam Al-Ghazali (d. 1111 AH): "Agreement of the community of Muhammad on a
religious point."
– Al-Amidi: (d. 1233): "Agreement of all the people of binding and loosing who belong to
the community of Muhammad, in a certain period of time, on a rule about a certain
incidence."
– "To the Zahiri, valid ijma was consensus of the Companions of the Prophet".
[Muslehuddin, p. 81]
 Type of Ijma
• Explicit (ijma' 'azima or ijma' qawli):
This type of ijma' takes place as follows: A question arises and
people express their different views. Then there is discussion
on these views and finally a common position is agreed upon.
• Silent (ijma' rukhsat or ijma' sakuti):
If an opinion is expressed by some and their contemporaries, after learning
about it, have made no comments either in favor or against, then we have
what is known as silent ijma'.
• Unknown opposition ('adam al-ilm bi al-mukhalif):
This situation occurs when a view generally held but it is
not known whether or not there are experts who disagree
with it.
• Absolute (ijma' qat'i):
This is ijma' on a matter in which there never has been any
sustained difference (ikhtilaf mustaqar) and which is
established with tawatur (continuity), that is, we can show
that all generations of Muslims or Muslim mujtahidin
agreed on the matter.
 Quranic verses regarding Ijma

O you who have believed, obey Allah and obey the Messenger and those in
authority among you. And if you disagree over anything, refer it to Allah
and the Messenger, if you should believe in Allah and the Last Day. That is
the best [way] and best in result.
And withhold yourself with those who call on their Lord morning and evening
desiring His goodwill, and let not your eyes pass from them, desiring the
beauties of this world's life; and do not follow him whose heart We have made
unmindful to Our remembrance, and he follows his low desires and his case is
one in which due bounds are exceeded.
 Other Refernces
• Inna ummati la tajtami`u `ala dalalatin fa idha ra'aytum al-
ikhtilaf fa `alaykum bi al-sawad al-a`zam.
• “My community shall never agree upon misguidance,
therefore, if you see divergences, you must follow the greater
mass or larger group."
• Innallaha qad ajara ummati min an tajtami`a `ala dalala
• "Verily Allah has protected my Community from agreeing
upon error."
 Few Examples of Ijma
• Interest is prohibited
• Women's leadership is prohibited
• Slaughtering without Allah's name mentioned is
not lawful
• Taraweeh is 20 rak'ah
 Qiyas-Analogical Deduction

• Literal Meaning
– measuring or discover the length, weight or quality
of something
– comparison to establish equality or similarity
between two things.
 Definition
“Referring a case with no ruling text to a case
with a ruling text that has the same I’la
(characteristic).”
Qiyas is the extension of a Shariah ruling – from
an original case (Asl) to a new case (Far'),
because the new case has the same effective
cause (Illah) as the original case (Asl)
 Authority of Qiyas
• The original case is regulated by a text of the
Quran or Sunna and the qiyas seeks to extend
the original ruling to the new case.
• Allah ordered the muslims to revert back to
Allah (through His book, the Quran) and His
prophet (through the sunnah) if there are
differences of opinion.
 Validity and Characteristics of Qiyas
• Qiyas is a rationalist doctrine (because intellect is
largely used)
• But in Qiyas, personal opinion (Ra'y) is kept
subservient to divine revelation (in that Illah is
discovered from the text of the Quran and the Sunnah)
• It doesn’t change any law of the text (Quran or Sunnah)
for expediency.
• rulings on new areas could diverge a lot, if qiyas was
not applied. A major validity of qiyas.
• Qiyas is speculative.
 Elements of Qiyas
• Al Asl (Source): the original matter that has a ruling
in the quran or sunnah
• Al Faru (The Branch): The matter (or target) that
needs the ruling.
• Hukm Asal: The ruling (legal positon) of the source.
• Al Illah( Underlying cause or reason): The
characteristics that are inherent in the source
 An Understanding of 4 Elements

Asl Illah
Far' Hukm
(original (cause of
(new case) (ruling)
case) ruling)

Taking
Wine Intoxicating
narcotic Prohibition
drinking Effects
drugs
 One claassification of Qiyas
a) Qiyas-al-awla (superior Qiyas) - effective
cause is more evident in the new case (far')
than the original case (asl)
b) Qiyas-al-musawi (analogy of equals) - Illah
is present in Asl and Far' equally
c) Qiyas-al-adna analogy of inferior) - Illah in
Far' is present less clearly than Asl
 Examples
• Abu Bakar’s Clothing
• Marriage contract of a woman
• The Prophet and Jariyah Khasmiyah’s
conversation.
• Sales of goods and jum’a prayer
• Betrothal to a woman
• The judge and adjudication
 Importance Of Qiyas
• Qiyas is accepted by majority
• Sunnah also support Qiyas, The Prophet
S.A.W resorted to Qiyas on several occasions.
• Qiyas will continue to be major tool of Ijtihad
in future