Sources of Shariah

SHARI’AH
1. Lexical meaning:
Plain Way

2. Technical meaning:
The Divine Law
 Sources
of shariah

Wahi Ijtehad

Quran Sunnah Ijma Qiyas

 The Sources of Shariah
When the Holy Prophet (SAW) intended to send his companion
Mu’adh, may Allah be pleased with him, to Yaman as a ruler
and as a judge, he asked him: How will you decide a
matter when it will come to you?
He Said, “I shall decide on the basis of Allah’s Book (the Holy
Quran)”
The Holy Prophet asked, “if you do not find it in Allah’s Book
(what will you do)?
He said: “ then, on the basis of the Sunnahof Allah’s
Messenger”.
 The Sources of Shariah
“If you do not find it even in the Sunnah of Allah’s Messenger
(what will you do)? The Holy Prophet asked.
He replied: “I shall make ijtihad on the basis of my
understanding and will not spare any effort (to reach the
truth).
On this the Holy Prophet (SAW) said, “ Praise be to Allah, who
has let the messenger of the messenger of Allah to do what
pleases Allah’s messenger”.
(Abu Dawood, Hadith no3592)
 IJTIHAD
• Literal meanings:
To exert one’s utmost effort
Technical Meaning:
To exert utmost effort to discover a ruling of Shariah
in a particular matter
1. Ijtihad may be exercised only where no explict
provision found in the Quran or Sunnah.

2. Ijtihad is to discover the Divine rule in the light of the

principles of theHoly Quran and Sunnah

3. Iijtihad is an to discover the Divine law, irrespective

of it leads to a concession or to a strict ruling.
 The Sunnah of the
The Holy Qur’an
Holy Prophet (SAW)

SOURCES
OF SHARIAH

Ijma’ (consensus of
Qiyas (Anology)
the Ummah)
 THE HOLY QUR’AN

Express Injunctions have no room for

interpretation or ijtihad

Implied injunctions may be interpreted in

different ways by way of inference or
ijtihad
 SUNNAH
• Definition:
• A word spoken or an act done or endorsed
by the Holy Prophet (peace be upon him)
• It is a source of law because the Holy Quran
itself has made it obligatory for every believer
that he obeys and follows the Holy Prophet:
 SUNNAH

And obey Allah and His Messenger, if you are

believers (8:1)
 SUNNAH

So, believe in Allah and His Messenger, the unlettered

prophet who believes in Allah and His words, and
follow him, so that you may be on the right path.
 IJMA’
Ijma’ means consensus of the scholars of the
ummah on a particular issue
The Holy Prophet (SAW) has said:

My Ummah shall never be combined on an error.

 QIYAS (Analogy)

• To apply a recognized rule of Shariah expressly

mentioned in the Holy Quran and Sunnah to a
similar thing or situation by way of analogy.
• Every Hukm e sharia must have a reason
behind it.
• Some times that reason is crystal clear
like
 Essential elements of Qiyas

• Original case (asl)

• Legal ruling of original case (hukm al-asl)
• New or parallel case (far’)
• Effective cause (‘illah)
• This hadith simply implies that every thing
that makes you insane/out of conscious is
Haram. So the reason of being haram is
making one self unconscious.
• Wife with postnatal blood (New Case)

• Hurt/Causing harm (Effective cause)

• Wife with menstruation Prohibition of

(Original Case) Approaching (Legal
Ruling of Original
Case)al-Baqarah
• Saying ‘uff’ to parent
• Prohibition (Original case)
• (Legal Ruling) (al-Isra’(17):23)
• Torment
(Effective cause)

• Cursing/Beating parent
(Parallel case)
• So what about if a rat or a mice drink some of
the water
• Will it be najas? )
• Or you can use it for Wuzu?
JAZAK
ALLAH