Sources of Islamic Law (QURAN, HADITH, QIYAS, IJMA)

SHARI’AH:
‫ش‬
Shara’a” "‫" رع‬is the root Arabic word of shariah.
The verb shara’a literally means “to chalk out or mark out a clear road to water”.
‫لفظ شریعت کامادہ ش۔ر۔ع ہے اور اس کا لغوی معنی ہے" وہ سیدھا راستہ جو واضح ہو"۔‬
 259 :‫ مفردات القرآن‬،‫امام راغب اصفهانی‬
In a religious sense, it means “the divine way of a good life”.
Shariah refers to commands, prohibitions, guidance, and principles that God has
addressed to mankind pertaining to their conduct in this world and salvation in the next.
SHARI’AH: The Islamic Law
‫ين اَل َي ْعلَ ُمو َن‬ ِ َّ ‫اك َعلَى َش ِريع ٍة ِمن اَأْلم ِر فَاتَّبِ ْعها واَل َتتَّبِع َْأهو‬
َ ‫اء الذ‬
َ َ ْ َ َ ْ َ َ َ َ‫ثُ َّم َج َعلْن‬
Then we have put you (O Prophet) on a plain way of (Our) commandment. So follow it and do
not follow the desires of those who do not know. (Surah Al-Jathiyah, 45:18)
SHARI’AH: ‘A Complete Code of Life
Imaniyat: Articles of Faith /Beliefs

Allah, prophets, Angels Books, Last Day Resurrection, Predestination

Ibadat: Modes of Worship

(Testimony (Shahadatain) Salah Zakat Saum Hajj)

Akhlaqiyat: Ethics
Right of: Parents Teachers Wives Relatives Neighbors Non-Muslims

Mu’amalat: Dealing
Employer & Employee, Buyer & Seller, Joint Ownerships Joint Enterprise Ijarah
Mu’asharat: Social System
Political System, Education system, Government System, Defense System
Fiqh & SHARI’AH
 Fiqh is the absolute Understanding Mutlaq al fahm.

 Shariah refers to the road to the watering place, the straight path to be followed
Fiqh
The knowledge of the legal rules (Al Ahkam Al Shariyyah), pertaining to conduct that have
been derived from their specific evidences
Shariah
Shariah consist from law, rules, regulations, commands, obligations, guidance, principles,
ideology, faith and behavior which govern the human being in every aspect of life

SOURCES OF SHARI’AH—Some of the Sources of Islamic Law

The Holy Qur’an

The Sunnah of the Holy Prophet (S.A.W)
Ijma’ (Consensus)
Qiyas (Analogy)

Allah says in HOLY QURAN

ِ ِ‫اك اللَّهُ واَل تَ ُكن لِل َ ِئ‬ ِ ‫ْح ِّق لِتَ ْح ُك َم َب ْي َن الن‬
َ ‫َّاس بِ َما ََأر‬ ِ َ ‫ِإنَّا َأْنزلْنَا ِإلَي‬
‫يما‬
ً ‫ين َخص‬
َ ‫ْخا ن‬ ْ َ َ ‫اب بِال‬
َ َ‫ك الْكت‬ ْ َ
Surely, we have sent down to you the Book (this Qur’an) with truth that you might judge
between mankind as guided by Allah. (Surah Nisa’ 4:105, see also 6:114)

SUNNAH—Second Primary Source of Islamic Law

Literal meaning: Way
Technical meaning: Way of Prophet Muhammad (S.A.W)
Definition
A word spoken or an act done or an action ratified by Holy Prophet S.A.W
Hadith
The Arabic word hadith basically means ‘an item of news, conversation, a tale, a story or a
report,’ whether historical or legendary, true or false, relating to the present or the past. Its
secondary meaning as an adjective is ‘new’ as opposed to qadeem, ‘old’.
Muslims are aware, the life example of the Prophet Muhammad ( ) is the basis for the
beliefs and laws of Islam. His sayings, actions and expressions are a fountain of guidance for the
believers.
Indeed hadith is considered as the main source of the “Sunnah” or “customary behavior” of the
Prophet. The other source is the “sirah” or “biography” of the Prophet.

Any hadith consists of two parts, the first is known as “isnad” or “sanad,” and the second is
known as “matn.” The generic meaning of “isnad,” whose plural is “asanid,” is “support” or
“foundation.” But in the terminology of hadith it refers to the chain of transmitters of
the hadith. These narrators are called “isnad” because they provide the “support” for the
historicity of the hadith.
 ِِ ِ
َ ‫يعوا اللَّهَ َو َر ُسولَهُ ِإ ْن ُك ْنتُ ْم ُمْؤ من‬
‫ين‬ ُ ‫َوَأط‬
Obey Allah and His Messenger, if you are true believers. Surah Anfal, 8:1
َ‫َاع اللَّه‬
َ ‫ول َف َق ْد َأط‬ َّ ‫َم ْن يُ ِط ِع‬
َ ‫الر ُس‬
He who obeys the Messenger has indeed obeyed Allah. Surah Nisa 4:80
‫قُ ْل ِإ ْن ُك ْنتُ ْم تُ ِحبُّو َن اللَّهَ فَاتَّبِ ُعونِي‬
Say (O Muhammad SAW): "If you (really) love Allah then follow me. Surah Al Imran: 3:31
SUNNAH AS SOURCE OF LAW
The holy Quran treats major issues and often deals with subjects in brief terms, leaving details to be
explained by holy prophet (S.A.W).
Example:
In the Quran we are commanded to pay zakat by all Muslims. But the percentage and exact amount is
unspecified. All these details were learnt by the
Prophet’s (S.A.W) words.
“No sadaqa (zakat) is payable on less than five grain or dates or less than five camel heads and on less
than five silver.” (Muslim)
Rulings according with the rulings of the Quran.
An example of this is a hadith, “The wealth of a Muslim is not permissible to another except with his
agreement and permission.” This is in agreement with the verse, “O ye who believe! Squander not your
wealth among yourselves in vanity, except it be a trade by mutual consent,” (al-Nisa: 29).
Rulings that explain general commandments in the Qur’an.
An example of this is that which clarifies the amounts for zakat.
Rulings that restrict or specify general commands of the Qur’an.
An example is the general Qur’anic prohibition against eating carrion:
“Forbidden to you (for food) are: dead meat, blood, the flesh of swine, and that on which hath been
invoked the name of other than Allah.” (al-Ma’ida: 3). However, the following hadith exempts seafood
from this prohibition.
According to Ibn ‘Umar, the Prophet said, “Two types of blood and two types of dead meat have been
made permissible for us: of the dead meat, fish and locusts; and of the blood, liver and spleen.”
Six collections of Hadith Books (‫)صحاح ست ہ‬
Six collections of Hadith Books are regarded as the most authentic. They are:
1. Sahih Al-Bukhari
(Collected and compiled by Muhammad bin Isma'il, known as Imam Bukhari, born 194 AH, died 256 AH).
2. Sahih Muslim
(Muslim bin al-Hajjaj, known as Imam Muslim, born 202 AH, died 257 AH).
Sunnah Abu Dawud
(Sulaiman bin Ash'ath, (‫ )سلیمان بن اشعث‬known as Abu Dawud, born 202 AH, died 275 AH).
4. Sunnah Ibn Majah
(Muhammad bin Yazid, born 209 AH, died 273 AH).
5. Jami' At-Tirmidhi
(Muhammad bin 'Isa, date of birth not known died 279 AH).
6. Sunnah An-Nasa'i
(Ahmad bin Shu'aib, born 215 AH, died 303 AH).

IJMA’—Consensus
Third Source of Islamic Law
Literal meaning: Consensus
Technical meaning:
Consensus of the mujtahideen in a particular period after the death of Prophet on any religious
issue where Quran and Hadith have not clarified a certain aspect of law.
ِ ‫تم‬ ِ ِ ْ ُ‫يل الْمْؤ ِمنِين نُولِّ ِه ما َتولَّى ون‬ِ ِ ِ ِ َ ‫الرس‬ ِ
‫ص ًيرا‬ َ ْ ‫اء‬
َ ‫َّم َو َس‬
َ ‫صله َج َهن‬ َ َ َ َ َ ُ ِ ‫ول م ْن َب ْعد َما َتَبيَّ َن لَهُ ال ُْه َدى َو َيتَّب ْع غَْي َر َسب‬ ُ َّ ‫َو َم ْن يُ َشاق ِق‬
And whoever opposes the Messenger after the right path has been shown clearly to him, and
follows other than the way of Believers, We shall keep him in the path he has chosen, and burn
him in Hell - what an evil destination.
Surah Nisa 4: 115.
THE AL-IJMAH
Collective Decision of Muslims on new matters
Prophet (peace be upon Him) got suggestions and decided accordingly.
But the decision of the Prophet was taken as final
Regular Al-Ijmah started at the time of Caliphate
The Caliph got suggestions on new matters and made collective decision
Their selection procedure, expansion of mosques, regular defence forces,
collection of Qur’aan, Ahadith, Fiqh etc are the examples.
It is accepted that Islam has solution of very Problem of every time and place.

IJMA’—Consensus

THE QIYAS
Means comparing one thing with another similar thing
Used to solve modern problems by finding something similar in the Qur’aan / Ahadith.
Muslim jurists expanded legal principles.
Qiyas widely discussed as Muslims seek to find answers of different new problems
Examples:
Compilation of the Holy Qur’an
The Tarawwih Salah that is prayed in Ramadan from the 1st of Ramadan until the last day of
Ramadan every day, and which is prayed after Isha Salah and in which the whole Quran is recited.
This was the Ijma of the Shaba (R.A) during the time of Umar (R.A), this is carried right from the
time of Umar (R.A) until today in both Makah and Medina.
QIYAS—Analogy
Fourth Source of Islamic Law
Literal meaning:
To measure, compare, analyze
Technical Meaning:
Extrapolating a ruling on a new issue after a comparison with an original
ruling (origin), because of mutual link in the reason behind the original ruling.
Explanation
Qiyas is an analogical deduction from the previous three sources.
When a Jurist compares a new situation which is not mentioned in
the holy Quran and Sunnah with that situation which is already
mentioned in the Holy Quran & Sunnah with some reasoning it is known as Qiyas.

QIYAS—Analogy
While sending Mu’adh (R.A) to Yemen, Prophet Muhammad (S.A.W) asked: ‘How will you
decide the issues when it comes to you?’ Mu’adh (R.A) replied: ‘I shall decide in the light of the
Book of Allah.’ The Holy Prophet (S.A.W) asked: ‘If you do not find it in the Book of Allah’. He
replied: ‘Then, in the light of the Sunnah of the Messenger of Allah.’ Prophet (S.A.W) asked: ‘If
you do not find it even in my Sunnah.’
Mu’adh (R.A) replied: ‘I shall do Ijtihad on the basis of my understanding and shall not spare
any effort (to reach to the truth).’Prophet (s.a.w) remarked: ‘Praise be to Allah, who has let the
Messenger of the Messenger of Allah to do what pleases him.’ (Abu Dawud, Hadith#3592)

QIYAS—Analogy
Fourth Source of Islamic Law
Example:
‫اجتَنِبُوهُ ل ََعلَّ ُك ْم ُت ْفلِ ُحو َن‬ ِ َّ ‫اَأي َها الَّ ِذين آمنُوا ِإنَّما الْ َخمر والْم ْي ِسر واَأْلنْصاب واَأْل ْزاَل م ِرجس ِمن َعم ِل‬
ْ َ‫الش ْيطَان ف‬ َ ْ ٌ ْ ُ َ ُ َ َ ُ َ َ ُْ َ َ َ ُّ َ‫ي‬

O you who believe! (i) Intoxicants, (ii) gambling, (ii)(dedication of) stones, and (iv)
(divination by) arrows, are an abomination - of Satan's handwork: so avoid (strictly all)
such (abomination), so that you may prosper. (Surah Ma’idah 5:90)

Fourth Source of Islamic Law

Example:
Finding of Hukm (ruling of Shari’ah) concerning (i) opium and its
derivative (ii) heroin, as well as (iii) cocaine:
Far’ (new case) Opium
Illat (effects) Intoxication
Hukm (ruling) (unknown)?
Asl (original case) Wine Drinking
Illat (effects) Intoxication
Hukm (ruling) Haram [Al-Maidah 5:90],

Opium is Haram in Islam due its intoxicating effects

Example:
Finding of Hukm (ruling of Shari’ah) concerning cigarette and shisha:
Far’ (new case) Cigarette
Illat (effects) slightly intoxication but excess use is injurious
Hukm (ruling) (unknown)?

Asl (original case) Wine Drinking

Illat (effects) highly Intoxication
Hukm (ruling) Haram [Al-Maidah 5:90],

Cigarette is ‘not Haram’ as its effects are not intoxicating to that extent but since its excess use is
injurious to health and its odor is painful for others it will be regarded as mukruh as it is not
allowed in Islam to harm ourselves or others
Misconceptions:
Qiyas is based on rational assessment
Qiyas can be exercised even against the explicit provisions of the Holy Qur’an and/or Sunnah
Qiyas is meant to find convenience in religion
Corrections:
Qiyas is based on Qur’an and/or Sunnah
Qiyas cannot be exercised in those cases where explicit provisions are found in the Holy Qur’an
and/or Sunnah
Qiyas is meant to discover Divine Law regardless to facilitation and inconvenience

Islamic jurisprudence is the source of a range of laws in different topics that govern the lives of the
Muslims in all facets of everyday life.