Sharia 2

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b) The Sunnah

• Sunnah literally means a way of life.

• Technically, it refers to the sayings, approvals, practices and actions of Prophet

Muhammad (S.A.W.).

• It is the second in authority after the Qur’an.

• It was accepted as a source of sharia during the lifetime of the Prophet (S.A.W.).
Sunnah is considered the second source of law because:

• It interprets the Holy Qur’an.

• It introduces new laws where the Holy Qur’an is silent.

• It supplements the Holy Qur’an.

• It is a source of knowledge.

• It enables us know the life of the Prophet (S.A.W.) and emulate him.

• It simplifies the fundamental concepts of Islam.


The Prophet’s Hadith deal with common and useful issues which are similar to the ones seen
in the Quran such as:

• Acts of worship
• Commercial ethics
• Moral values
• War and peace
• Social relations
• Political issues
Secondary Sources

• These are sources of sharia that emerged due to the immense work of advisory council of Muslim jurists

• They possess specialized knowledge of the Sharia. These secondary sources are:

a) Ijma (Consensus)

• Ijma literally means collecting, assembling or bringing together.

• It means agreement or consensus of the true, honest and sincere Muslim scholars and jurists on matters
of Islamic law (sharia).

• These are matters which are not mentioned or discussed in the Qur’an and Sunnah.

• This source of sharia is derived from both the Qur’an and the Sunnah.
Examples of Ijma during the period of the Rightly Guided Caliphs:
After the death of the Prophet (S.A.W.), Muslim scholars had come to consensus on many issues in their
attempt to solve the problems that they faced. Some examples of Ijma during this era are:

(i) The allegiance to Abu Bakr (R.A)


The Prophet (S.A.W.) did not appoint any successor after his death. His Companions elected Sayyidna
Abu-Bakr (R.A.) through consensus.

(ii) Taraweeh Prayer


During the reign of Umar bin Khattab (R.A) Taraweeh prayer was performed in congregation on which
all companions agreed.

(iii) Compilation of the Holy Quran


The Holy Quran was compiled into one volume by a panel of companions of the Prophet (S.A.W.)
appointed by Caliph Abu Bakr (R.A). This decision was reached through Ijma.

(iv) Adhan on Friday


Caliph Uthman bin Affan (R.A.) introduced the first Adhan on Fridays which was agreed upon through
Ijma.
b) Qiyas
• Qiyas literally means judging by comparing.
• It is the process of judging by comparing a new situation with an old one that has been mentioned in the
Qur’an and Sunnah.
• It is regarded as the fourth source of Sharia after Quran, Sunnah and Ijma.
• It is only acceptable when it has been deduced from the primary sources of Sharia.

Examples of Qiyas are:


• Umar (R.A) said:
“Khamr is that which befogs the mind.”
It therefore follows that intoxicants such as cocaine, beer, miraa, marijuana and mandrax are prohibited because
they befog one’s mind

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