LEGAL THINKING IN ISLAM

QUR’AN, SUNNAH, IJMAA’ AND QIYAAS

?WHAT IS LEGAL THINKING IN ISLAM

◼ It is the method in which the four pillars of shari’ah

are used (sometimes individually and sometimes
together, depending upon the need) to derive
rulings for any issue.
THE FOUR PILLARS OF SHARIAH

Shariah

Qur’an Sunnah Ijmaa’ Qiyaas

THE NOBLE QUR’AN

◼ It is the main source of guidance for

mankind.
◼ This book is the biggest support for
the other pillars
◼ This book confirms the other pillars as
pillars of Shariah
◼ Whatever goes against this book is
not acceptable
◼ Along with the Sunnah, this book
completes the religion
THE SUNNAH

◼ The Sunnah is the second pillar of

Shariah
◼ It includes the actions, statements,
approvals and descriptions that are
ascribed to the Prophet ‫ﷺ‬
◼ Islam is incomplete without the
Sunnah
◼ The Sunnah explains the Qur’an.
◼ The authentic sunnah has the same
status of the Qur’an in terms of
authenticity
IJMAA’ (CONSENSUS)

◼ Linguistic Definition: Ijmaa’ means agreement

◼ Religious Definition: An agreement between the
Mujtahideen of this ummah after the Prophet ‫ ﷺ‬on an
Islamic ruling.
MORE ABOUT IJMAA’ (CONSENSUS)

Who are the Mujtahideen?

◼ Mujtahideen are the scholars who are well versed in the matters of deen who are
recognized by the scholars of their era and the era after them to be qualified
scholars who can speak in the matters of deen and their reasoning is accepted.
◼ The blind followers and the commoners are excluded from the matters of Ijmaa’
?WHAT IS THE EVIDENCE TO SUPPORT IJMAA’ AS A PILLAR

◼ Allah said: “(And) if you differ in anything amongst yourselves, refer it to Allah and His Messenger (‫( ”)ﷺ‬4:59)
(This ayah indicates that what they agree upon is truth)
◼ The Prophet ‫ ﷺ‬said: My Ummah will not unite upon misguidance. (At-Tirmidhee)
TYPES OF IJMAA’

Ijmaa’

Qat’iee Dhannee
IJMAA’ QAT’IEE

◼ What is known to have occurred in the ummah without any

doubt such as the consensus on the necessity of the five daily
prayers and the prohibition of adultery. No one can deny these
types of consensus as an evidence
IJMAA’ DHANNEE

◼ This cannot be known except through thorough

research.
◼ A few scholars have argued that Ijmaa’ cannot be taken
as an evidence because it is almost impossible to know
whether everyone had agreed upon an issue and there
was no differing in the past.
CONDITIONS FOR IJMAA’ (CONSENSUS)

◼ It must be proven through an authentic route, so that it is

famous among the scholars or is conveyed to us from a
trustworthy source.
◼ It must not be preceded by a firmly-based disagreement. If this
is the case, then there can be no consensus
QIYAAS (ANALOGY)

◼ Analogy linguistically means appreciation and equality.

◼ In Islamic terminology, it means drawing a similarity
between a subsidiary issue and a core issue in a ruling
that pertains to a common element between them
 EVIDENCE FOR QIYAAS TO BE VALID AS A PILLAR

◼ Allah said: “It is Allah Who has sent down the Book (the Quran) in truth, and the Balance”
(42:17). Here the balance is what is used to weigh up the affairs and make analogy between
them.
Analogy is seen in the Sunnah of the Prophet ‫ﷺ‬
◼ A woman came to the Prophet ‫ ﷺ‬and said: Messenger of Allah, my mother has died and
there is due from her a fast of vow; should I fast on her behalf? Thereupon he said: You see that
if your mother had died in debt, would it not have been paid on her behalf? She said: Yes. He
(the Holy Prophet) said: Then observe fast on behalf of your mother. (Saheeh Muslim 1148)
◼ A man came to the Prophet ‫ ﷺ‬and said, "O Allah's Messenger ‫ !ﷺ‬A black child has been
born for me." The Prophet ‫ ﷺ‬asked him, "Have you got camels?" The man said, "Yes." The
Prophet ‫ ﷺ‬asked him, "What color are they?" The man replied, "Red." The Prophet ‫ﷺ‬
said, "Is there a grey one among them?' The man replied, "Yes." The Prophet ‫ ﷺ‬said,
"Whence comes that?" He said, "May be it is because of heredity." The Prophet ‫ ﷺ‬said, "May
be your latest son has this color because of heredity.“ (Saheeh Bukhari 5305)
THE ELEMENTS OF QIYAAS ARE FOUR

Far’ (‫)ﻓﺮع‬ Subsidiary Issue

‘Asl (‫)أﺻﻞ‬ Primary Issue

Hukm (‫)ﺣﻜﻢ‬ Ruling

illa (‫)ﻋﻠﺔ‬ Common Element

CONDITIONS FOR QIYAS (ANALOGY)

◼ It does not conflict with the evidence that is stronger than Qiyaas (such as
the Qur’an, the Sunnah or the Ijmaa’)
◼ The ruling must be based upon a primary issue (‘Asl) that has been
established by the first three pillars
◼ The cause of the ruling of the primary issue must be known so that
comparison can be made
◼ Analogy cannot be made for things/issues that already have a clear ruling
present in the Qur’an or the Sunnah or the Ijmaa’ or in all of these.