Q.

Explain with example, how do the Quran and Hadith work together in
establishment of Sharia.

Q. Explain with example, how are the Quran and Hadith used in working out the
Islamic law?

Q. What part do Hadiths play in Islamic legal thinking?

Q. How have the Sunnah/Hadis of the Holy Prophet (S.A.W) being used as a source
of guidance by the Muslims in Islamic Legal thinking?

Quran and Hadith are primary sources of Islamic law. The Quran is first source and Hadith
is the second source of Islamic law. The clear Quranic teachings are followed without
question. Where Quranic teachings are undetailed or not clear, the Ahadith are employed.
Quranic support for using Sunnah in Islamic Legal Thinking as Qur’an says: “O you who
believe 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.”
At another place it says guiding the Muslims: “So, take what the messenger gives you,
and refrain from what he prohibits you.” According to these ayat the Prophet’s
approvals/disapprovals are binding on Muslims and it means obedience to God (Quran)
and obedience to Prophet (Sunnah) are inter-related.

In a Hadis the Prophet (PBUH) highlighted the close relationship between Quran and
Sunnah: “Judge upon the Book of God, If you do not find in it what you need, upon the
Sunnah of the Prophet.” This establishes the authority of the Quran and Hadith as the first
and second source of Islamic law. Actually the Quran gives the basic principles and
fundamental rules of Islamic beliefs and practices. The Quran repeatedly asks us:
“Establish regular prayer and pay the poor due.” But without speaking about the timings,
number of rak’ats and manners in which it should be performed. Sunnah of the Prophet
explains it. The Holy Prophet provided additional guidance by saying: “Look at me, see I
worship and follow me.”
Similarly the Quran is silent about how much of one’s wealth (Nisab) is to be paid as the
charity tax (zakat) since it simply commands Muslims to pay zakat and enlists those
entitled to receive it. The Prophet gave all the details e.g. 2.5% of the wealth to 7½ tolas of
gold or 52 tolas of silver etc. He further elaborated rate of zakat on various other assets:
“No charity tax is due on property amounting to less than five uqiya of silver and no
charity tax is due on fewer than five camels and there is no charity tax on fewer than
five wasq of dates or grains.”
Similarly the Quran says: “Allah has permitted trade and forbidden Riba (interest)” but
there is no detail what is Riba. Sunnah of the Holy Prophet provides detail of the Riba by
saying: “The bartering of gold for gold is Riba, except if it is from hand to hand and
equal in amount, and wheat grain for wheat grain is Riba, except if it is from hand to
hand and equal in amount.” Similarly The Quran briefly guides regarding the punishment
of a thief and says: “As to the thief, male or female, cutting of his or her hand.” Further
detail is given in the Hadith as it is transmitted: “Allah’s Messenger cut off the hand of a
thief for stealing a quarter of quarter of dinar or more.” Another example is the
punishment of drinking wine. The Qur’an only forbids of drinking wine and says: “O you
believe! Intoxicants and gambling, sacrificing to stones and divining of arrows are an
abdomination of Satan’s handiwork: shun them.” The Quran, however, mentions no
punishment for drinking and the Prophet (pbuh) prescribed a punishment of whipping 40
stripes to a person found guilty of drinking wine. He applied this penalty in his life time by
punishing Nauman bin Bashir. These examples show that Quran and Hadith work side by
side and together in establishment of Islamic law.