Primary Source (Quran & sunnah) Secondary Sources (Ijma & qiyas)

Shariah

Shariah literally means a well-worn path to a water source, and Islamically, it is a term that is
used to describe Islam as a complete way of life.  Water is essential to human life and the
religion of Islam is essential to complete spiritual wellbeing.  Thus Shariah is a set of laws that
provide a clear and straight path to fulfillment in this life and success in the Hereafter. 

Sources of Islamic Law

Quran is a major source of Islamic law. The Holy Quran, the last book revealed by Allah on the Prophet
(S.A.W) is the foundation of Islam and fountain of Islamic law. It is addressed to the entire humanity
without any limitations of race, religion or time. These are about total 200 verses related to legal rulings
in the Quran that contains guidance for family and inheritance, obligations and contracts, criminal laws
and its procedure. The Holy Quran itself confirms its position as the primary source of Islamic law in
these words:

“Obey Allah, and obey the messenger and those charged with authority among
you, if you differ in anything among yourselves, refer it to Allah and His
messenger.” (4:59)

Quran gives the basic principles and fundamental rules of Islamic beliefs and practices. For beliefs it
says:

“It is righteous to believe in Allah and the last day

and the angels and the book and the messengers.” (2:177)

The Quran also contains guidance for day to day life. About dietary laws, Allah says:

“O you people! Eat of what is on Earth, lawful and good

and do not follow the footsteps of Satan for he is your open enemy.” (2:168)

Regarding crimes and punishment, the Quran says:

“As to the thief, male or female, cut off his or her hand.” (5:38)

For the punishment of adultery, the Quran says:

“The woman and man guilty of adultery or fornication,

flog each of them with a hundred lashes.” (24:2)

For murder, the Quran recommends the simple rule for an eye for an eye by saying:

“O you who believe, the law of equality is prescribed to you,

in case of murder, the free for free, the slave for slave, the woman for woman.”

In the legal matters, the Quran gives some instructions which require reflection and systematic
application of interpretation method to the text. This is clarified through the science of Tafseer that
includes interpretation of Quran with Quran, interpretation of Quran with Hadith , Asbab-al-Nazul and
Nasikh and Mansukh in legal matters.

Thus, it could be seen that Quran serves as the fountainhead of Islamic law encompassing all aspects of
life. It is aimed at establishing basic standards for Muslim society and guiding the

communities in terms of their rights and obligations. It advances values such as compassion, good faith,
justice and religious ethics.

Relationship of Quran and Sunnah

The Quran and Hadith or Sunnah of the Prophet (S.A.W) collectively are called the primary or main
sources of Islamic law. The Quran therefore, mentions the two sources together at various places. In
verse 59 of Surah Nisa it says:

“O you who believe, obey Allah and obey the messenger.”

The Holy Quran at another place says:

“Nor does he speak from his own, it is not but a revelation revealed.” (Surah Najam)

The meaning of Sunnah is the path or the way, in the terminology of Shariah, it means the actions,
sayings and silent approval of the Prophet (S.A.W) about certain actions which he never did (Qaul,
Taqrin, Fail). Sunnah explains and interprets the Quran. It gives more details about what is concisely
mentioned in the Quran. A good example of this is the prayers and commands of Zakat. The Quran says:

“And establish prayer and pay the charity.” (2:43)

This Ayat mentions praying and paying charity but it does not mention how to pray or what should be
the ratio of Zakat. The method of these is found in the Sunnah of the Prophet (S.A.W). He said:

“Pray as you see me offering prayer.”

About the payment of Zakat, he said:

“No zakat is due on property mounting 5 Uqiyahs of Silver, and there is no Zakat

due on less than 5 camels and there is no zakat on less than five Wasaq.”

As to the question when Zakat should be paid, the Prophet (S.A.W) has said:

“No Zakat is due less than year.”

All other pillars of Islam are explained through the sunnah of the Prophet (S.A.W) in the same way. For
example, pilgrimage is the last pillar, about which Allah says:

“Pilgrimage thereto is a duty man owes to Allah...” (3:97)

However, the Prophet (S.A.W) has taught:

“Learn the rites of pilgrimage from me.”

Regarding usury or riba, the Quran forbids and warns in a strict tone, those who charge usury on a loan.
The details regarding usury are also learnt through Hadith of the Prophet (S.A.W). It says:

“If it is in the form of hand in hand, then there is no harm in it, otherwise it is not permissible…"

Similarly, the Quran declares consumption of wine as ‘infamy work of Satan.’ It is through the Sunnah of
the Prophet (S.A.W) that Muslims learn about the punishment regarding consumption of wine. Quran
mentions punishment about theft, which is to cut the hands of the thief whether male or female (5:38),
but the Sunnah of the Prophet (S.A.W) tells about implementation of that command.

The Quran provides a fair plan of the distribution of wealth left by the deceased, but it is the Sunnah of
the Prophet (S.A.W) that tells that a non-Muslim cannot inherit from a Muslim nor a Muslim from a non-
Muslim. If the Quran had elaborated the whole of the religious commands and acts of worship down to
the smallest detail, then the Quran would have been many times greater than its current size. Even
regarding the small matters of our daily life, Muslims seek guidance through Sunnah. For example, in
deciding that is it permissible for men to wear gold or not, inheritance given to grandmothers or eating
animals with canny teeth. Hadith are important because the Prophet (S.A.W) was the perfect and final
messenger to follow and due to these reasons, the two main sources interlinked.

Ijma

Ijma is third source of Islamic law, the word Ijma literally means agreeing upon or uniting in opinion,
according to Sharia it refers to the consensus of Muslim scholars upon a matter which is not directly
addressed in the Quran or Sunnah. There are a number of Quranic verses and traditions of the Prophet
(S.A.W) that support use of Ijma in Islamic law. The Quran mentions in Surah Nisa:

“Obey Allah and obey the messenger and those charged with authority among you.”

Famous tradition of the Prophet (S.A.W) supports use of Ijma in these words:

“My community will never agree upon an error.”

The need to Ijma arose after the death of the Prophet (S.A.W), his companions practiced Ijma and the
Ijma done by the companions cannot be amended as the rule for amendment is that the person who
challenges should be equal or greater in knowledge than the one who has made it a rule. Since no one
can match the status of the companions in their comprehension and command over the religious issues,
thus Ijma done by them is valid for all times to come. Ijma of this type is the consensus of companions
over the first copy of the Holy Quran prepared during the time of Abu Bakr (R.A), offering of Tarawih
prayer after Isha in congregation in Umar’s time and inclusion of second Adhan for Jummah prayer
during Uthman’s time.

Ijma enacted by four Imams: Abu Hanifa, Shafi, Malik and Imam Ahmad bin Hanbal is given the highest
regard but still, it could be amended through renowned scholars of modern day, for example issue of
the missing individuals, that what should be the waiting period for a person before

he could be considered dead. This period was initially longer, but as the communication improved to a
great extent over the last few years, a seven-year wait is suggested. Similarly, Ijma done by modern day
scholars can be reversed or changed and it is not binding upon all Muslims. It could be done according to
the time and circumstances, for example the prayer timings on North and South poles and Friday prayer
timings are decided by the local imam of every area.

Ijma has two types, Ijma Qauli or explicit Ijma is done when question arises and people express their,
then there is a discussion on these views and finally, a common position is agreed upon. When an
opinion is expressed by some and their fellow scholars, after learning about it, have made no comments,
either in favor or against, this kind of Ijma is called Ijma Sakuti.

Ijma could only be conducted by Muslim Mujtahadeen, they must possess certain qualifications, that
they must be scholars of the Quran and Sunnah, experts in Arabic language, impartial in thinking, well
verses with up to date knowledge and should know the principles of Nasikh or abrogated verses. After
the Prophet’s death, the people of Madina were eligible to conduct Ijma and present-day scholars who
fulfill the above-mentioned criteria.

(b) Give two specific examples of Ijma in Islamic legislation? (4)

One of the specific examples of the use of Ijma in Islamic legislation is about the share of grandfather in
inheritance, in case of death of an orphan grandson. Surah Baqarah says in verse 182:
“It is desired, when death approaches anyone of you and if he leaves any goods,

he shall make a bequeath to parents and next of kin.”

Although grandfather is not mentioned in this verse, but it is agreed from Ijma, that he could take the
father’s place. Another example of Ijma could be the election of Abu Bakr. The Quran provides guidance
in these words:

“Obey Allah and obey the messenger and those charged with authority among you.”

In the guidance of this verse, the companions agreed that there should be a successor to the Prophet
(S.A.W), eventually, most of them agreed on the choice of Abu Bakr (R.A).

(b) Discuss the importance of Ijma in the modern day? (4)

Ijma is the third source of Islamic law used to get solutions to the problems occurring with the modern
times. It is supported by the following verse:

“When you do not know, ask those who possess knowledge.”

The following Hadith of the Prophet (S.A.W) also supports use of Ijma:

“My community will never agree upon an error.”

In the modern day, it is highly necessary to have conclusions reached upon unanimously among Muslim
Ummah since we are living in a world 1400 years away from the time of the Prophet (S.A.W) and due to
natural evolution and technological advancement, various questions arise every day. In the light of
Islamic knowledge, a need is felt by Muslims for a collective, united action. Thus, in such cases,
difference in view can be crippling. Ijma ensures that by having conclusions unanimously, Muslims are
saved not only from confusions but also their religious matters do not become a source of division
among the Ummah. In today’s world, where the Ummah is already disintegrate, due to minor
differences, Ijma is of great value and its role should not be underestimated.

Qiyas

Qiyas is the fourth source of Islamic law, literally Qiyas means measuring, ascertaining the length, weight
or quality of something. However, in the terminology of Sharia, it is a methodology developed by the
jurists through which rulings in new areas are kept close to the Quran and Sunnah, based on the ‘Ila’ or
effective cause discovered in the Quranic text and Sunnah. There are examples in Quran where Allah has
declared the validity of Qiyas in these words:
“Take then warning O you with eyes to see.”

The Prophet (S.A.W) while dispatching Muadh bin Jabal as the governor of Yemen, asked him how would
he judge the case, if nothing was found in Quran and Sunnah. He replied that he would decide by
exercising his own judgment. The Prophet (S.A.W) was pleased with his answer and prayed for him.

This shows the Prophet’s approval for using Qiyas. Another example of the use of Qiyas is declaring
Haram the use of drugs (Faar). As nothing directly has been said about it in the Quran or Sunnah as they
were not found in the time of the Prophet (S.A.W), but since Quran and Sunnah have declared the use of
Alcohol Haram (Asl) due to the reason that it intoxicates. So, on the basis of the similarity of the
effective cause or ‘Ila’ between the two, drugs are also declared Haram (Hukam).

Another example of Qiyas is that once a woman came to the Prophet (S.A.W) and asked him that her
mother had died but before her death, she declared to perform Hajj, so was it necessary to perform Hajj
on her mother’s behalf? The Prophet (S.A.W) replied:

“Verily, what would you do if she left debts repayable, naturally you would pay.”

Here the Ila or the effective cause is the fulfillment of obligations. Hence, she was allowed to perform
Hajj on her mother’s behalf. The aim of Qiyas is not to alter any Quranic or Sunnah command.
Moreover, it should be understandable, reasonable and should be easily comprehended by Muslims.

(b) Give a specific example of the use of Qiyas using the important terms connected to it? (4)

An example of Qiyas from our daily life is setting aside business for Friday prayer and on nonbusiness
transactions. The Quran in this regard says:

“O you who believe when the call is proclaimed on Friday,

hasten earnestly to the remembrance of God and leave off business....”

In this example, the Asl of fundamental law is setting aside business on Friday for prayer. The similar
situation given is non-business transactions (Faar). The Ila or common cause between business and non-
business transaction is that they tend to distract people from remembering God. Hence, the Hukm will
be, all transactions to be set aside for Friday prayers.

(b) Why do some scholars reject the use of Qiyas in Islamic legal thinking? (4)

Qiyas is the fourth source of Islamic law, though some scholars reject it, since unlike Ijma, Qiyas is a one-
man decision, so some scholars do not consider it more reliable as the person being consulted may not
be in a good state of mind while deciding or he may not a neutral person. The fundamental teaching on
which Qiyas is based is to find out the logic between the Asl and given situation (Faar). It is very
important that the authorities should find out the logic or similarities or must be well verses with the
teachings of Quran and Sunnah and the decisions taken by the companions of the Prophet (S.A.W),
otherwise, it may lead to the confusion or doubt about issues. Further, the opponents of Qiyas argue
that to consider Qiyas as an additional evidence would be to consider Quran insufficient as the Quran
says:

“We have sent down to you the book as an explanation to everything.”

It also argues that the Quran does not mention the causes and consequently does not know what to use
as a base for Qiyas.

(b) Do you think both Ijma and Qiyas are equally important for solving present day issues? (4)

Ijma and Qiyas are the secondary sources of Islamic law used in the situation where Quran and Sunnah
are silent over certain issues today. Ijma and Qiyas are used mainly for the issues that did not arise at
the time of the Prophet (S.A.W). Ijma is the consensus of opinion of followers, supported by the
following Hadith of the Prophet (S.A.W):

“My community will never agree upon an error.”

In the light of the above, many issues are solved, for example at the time of Caliphs, the compilation of
Quran and more recently, the permissibility of I.V.F (test tube baby). The knowledgeable scholars of
Islamic law decide on new matters such as I.V.F based on what they already know from Quran and
Hadith and then agreeing on rulings which are based on the existing Quranic laws, so there is no
contradiction or disagreement with the Quran. Qiyas is to compare the new situation for which the
legislation already exists. Along with Ijma, it is used to solve the

problems coming up with the modern times e.g. the use of drugs, setting aside of business and
nonbusiness transactions at the time of Friday prayer. It is the use of analogy or one’s own efforts that
lead to the solution of many issues in the modern day.

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