Name: Ameera Khurshid

Roll number: W19BLAW006

Course: Islamic Jurisprudence
Date: 03-03-2021
PRE-MID TEST 2

Sunnah:
The word Sunnah stands for “well known path”. It is the path and manner of life and
practices of Holy Prophet (PBUH). Sunnah is the second primary source of Islamic law and it
has great importance after Quran. It is a procedural law.
Allah says in Quran,
“One who obeys Prophet obeys Allah.”

Is Sunnah an independent source of law:

There are three kinds of rules which Sunnah interprets and it will tell about its dependence
on Quran.

Rules of Islamic law:

1. Sunnah comprises such laws and rules which are expressed by the Holy Quran.
Sunnah just interprets or ratifies the rules of Quran and Quran is the main source.
For example: Sunnah has elaborated the timings of prayers and the method of their
performance. It also elaborated the kinds of wealth in which zakaat is to be paid.
2. Sunnah explains and interprets the Quranic rules which are not clear. It only removes
the ambiguity but the main source is still the Holy Quran.
For example: Quran has in a general way permitted all good things and has
commander the avoidance of khabaith. The Sunnah has linked with the khabaith the
consumption of animals with molars and birds with claws just as it has prohibited the
consumption of domestic donkeys.
3. Sunnah comprises such rules and laws about which Quran is silent. Here Sunnah has
an independent identity as a legislative function.
So, we can say that, Sunnah is the part and parcel of Quran. It mostly follows the
teachings and rules of Quran and only interprets the rules and regulations of Quran. But in
some cases, it can also comprise of rules about which Quran is silent so here Sunnah has
an independent identity of its own and works as an independent source of law.

Ijma:
Literal meaning of Ijma is consensus of opinion, to determine or to agree upon something.
It is the consensus of people competent to hold Ijma.
One can find various references about ijma in the Holy Quran. Ijma is about consulting
among each other on a matter. Islamic law talks about it and it is one of the valid
secondary sources of Islamic law. It was not present during the time of Holy Prophet but
Holy Prophet has also talked about consensus.
Allah says in Quran:
“They consult their affairs by mutual consultation.”
From this verse one can see that Quran talks about consensus of opinion and one should
go for Ijma.
It is also said in Quran:
“It is thus that we have made of you a nation of the right men.”
“And consult with them upon the conduct of affairs and when those are resolved then put
the trust in Allah.”
This verse also explains that Muslims should consult each other in their affairs this makes
ijma a valid source of Islamic law.
Hadith:
Hadith also validates the existence and validity of Ijma.
Holy Prophet (PBUH) said,
“My followers shall never agree upon what is wrong.”
He also said that,
“It is incumbent upon you to follow the most numerous bodies.”
From this hadith we can elucidate that we should consider majority when we are
consulting about any decision.
Holy Prophet said that,
“The hand of God is with the group.”
Thus, it is established from the above references of Quran and Hadith that Ijma is a valid
source of Islamic law. One of the examples of Ijma that is consultation is “Saqeefa banu
Saada" in which first caliph was selected by consultation after the death of Holy Prophet
(PBUH).