Introduction to Sources of

Shari’ah Tenets

DR. AMEENULLAH AMAN

ameenullahaman.s@gmail.com
 Presentation Outline

• Definition of Islam
• Definition of Shari’ah
• Sources of Shari’ah
Islamic Economic System
What is Islam?

 Islam is a religion that provides a set of rules

for life and we therefore call it a 'code of life'
which means a code or system that covers all
aspects of life of a human being.
 Definition

SHARI’AH

1. Lexical meaning: Plain Way

2. Technical meaning:The Divine Law

 Definition

 ThenWe 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. (45:18)
 Sources of Shari’ah

1. The Holy Qur’an

2. The Sunnah of the Holy Prophet (SAW)
3. Ijma’ (consensus of the Ummah)
4. Qiyas (Anology)
 The Holy Quran

 Express Injunctions have no room for different

interpretations

 Implied injunctions may be interpreted in

different ways by way of inference
 The Holy Quran

Interpretation of Quran

1. Beliefs

2. Jurisprudence

3. Incidents and Events

4. Examples
 The Holy Quran

Interpretation of Quran

2. Jurisprudence
a. Types of Jurisprudence
i. Ibadaat
ii. Mua’amlat
iii. Ibadaat + Mua’amlat

b. Levels of Jurisprudence

1. Fard 2. Wajib 3. Masnoon 4. Mustahab

5. Mubah 6. Makrooh Tanzihi 7. Makrooh Tahrimi

8. Haram
 Sunnah

 Definition:

A word spoken or an act done or ratified 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)
 Ijma

Ijma’ means consensus of the earliest 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)

 Toapply a recognized rule of Shariah

expressly mentioned in the Holy Quran and
Sunnah to a similar thing or situation by way
of analogy.

 Ijtihad is the part of Qiyas (Analogy)

 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
 Origin of Ijtihad

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 adjudicate 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 Sunnah of
Allah’s Messenger”.
 Origin of Ijtihad

“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

Misconception Correct Position

• Ijtihad can be • Ijtihad may be exercised only

exercised even where no explicit provision is
against the explicit found in the Quran or Sunnah
provisions of the
Holy Quran and • Ijtihad is to discover the
Sunnah. Divine rule in the light of the
• Ijtihad is to follow principles laid down by the
one’s own opinion Holy Quran and Sunnah
based on purely • Ijtihad is an impartial way to
rational discover the Divine law,
assessment.
irrespective of it leads to a
• Ijtihad is meant concession or to a strict
only provide
concessions and ruling.
ease.
 Requirement of Ijtihad

Extensive knowledge of :

 The Arabic language and literature

 The Holy Quran
 The back ground of the verses of the Holy
Quran called” Asbab-un-nuzool”
 Critical studies of the traditions relevant to
the exegesis of the Quran
 Sunnah
 Requirement of Ijtihad

Extensive knowledge of :

 Critical studies of “ahadith” and their

authenticity
 Islamic jurisprudence (Fiqh)
Jazak-a-Allah-al-Khair