THE KUTTY “ISLAMIC LAW” FLOWCHART

Islam
Submission to the will of God alone
Seen as a continuation of the divine messages sent from the time of Adam, through Abraham,
Noah, Moses, Jesus, Mohamed & numerous other prophets & messengers

Tauhid
(Belief in the oneness of God)

Istihsan Maqasid Al-Shariah

Istihsan
(Jurisdic
(Higher purposes of Objectives of Shariah:
preservation of life, religion, progeny, property, & mental faculty)
(Jurisdic
Preference) Preference)
Shariah
Literally translated as “the way”. Overarching umbrella of rules, regulations, values & normative
framework covering all aspects & spheres of life for Muslims. Constitutes the Divine injunctions
of God (the Qur’an) and divinely inspired Sunna (words & deeds of the Prophet Muhammad). It
has also come to refer to the human understanding, extrapolations and articulation of these ideals.

Ijtihad Social Legal Economic Political Spiritual

Ijtihad
(Independent “Islamic Law” (Independent
Reasoning) Sources of Islamic Law
Reasoning)
(part of Usul al Fiqh (sources & methodology of Islamic Law))

Primary Sources Secondary Sources

Maslahal Siyasa (Govt.

------------ Ijtihad
(Independent reasoning) Maslahal
al-Mursalat
Qur’an Sunnah
Prophetic Traditions
power),
Treaties, State Ijma Qiyas
al-Mursalat
(Public Interest) Makkan Madinan
& Diplomatic
Practice, etc.
(Consensus) (analogical & deductive (Public Interest)
reasoning)

Seerah Hadith
(biography of the Reports from the Authoritative Majority Qiyas al-Hafiyi Qiyas al-Jalyii
Qati + Zunni Prophet) prophetic traditions Consensus Consensus (latent or concealed (obvious or
(Definitive) (Speculative) qiyas) explicit qiyas)

Darrurah Darrurah
Qudsi Nabvi
(Necessity) Nass (divinely inspired hadith) (prophetic hadith) (Necessity)
Naskh (explicit text)

(Abrogation)
Dhahir
(apparent text) Qawl F’al Iqrir

Istishab
(sayings & utterances (actions & daily (tacit approvals of acts done &

Istishab Asbab al of the Prophet) practices of the Prophet) practices of Prophet’s followers)
Dalil
Nuzul (indicative text) (Presumption
(Presumption (Phenomenology
of Continuity) or Situational Isnad Matn of Continuity)
Context) Mafhum (Chain) (Substance)
(implicit text)

Tanbih Mutawatir Mashhoor Ahad

(expositive text)

Urf
(continuous) (well known) (isolated)

Urf Ahsan Hasan Gharib or Daif

(Custom) Hadiths, narrators are persons of Hadiths, narrators are trustworthy Hadiths, narrators of (Custom)
established, absolute, trustworthy persons of good reputation & good which are questionable
reputation & possessed strong memory but who do not approach in authority
memory moral excellence narrators

Codification Categories

Sahifa Musannaf Musnad Sunans Mu’jams Ajza’ Rasa’il Mustadraks Mustakhraj Jami’ Arbainiyat
Compendium Large collections Collection of Collections of the Treatises on Collection of Collections of Collections of hadiths Collections of Collections of Collections of
of sayings of of hadiths where traditions traditions which various traditions that hadith which in which the hadiths in which a hadiths which forty hadiths
Muhammad the traditions supported by a contain legal subjects have been deal with one compiler, having later compiler contain the relating to one
accepted the gathers fresh or more
written down related to different complete rulings and its which are handed down on particular topic traditions
conditions laid down isnads for such subjects
by his topics are put uninterrupted scopenerer never arranged in the authority of out of eight traditions relating to the
by previous which may
companions together and chain of includes which alphabetical one single topics into compilers, collects collected by various
during his compiled as books authorities going are related to order, also individual which contents previous compiler subject- have appeared
other hadith fulfilling
lifetime. or chapters dealing back to a historical and known as whether he be of jami books the laid down on the basis of matters to be of
with a particular companion who theological mu’jam al- any companion of hadith may conditions, which are different chains of mentioned special
topic related it from the matter sahaba or any generation be generally left due to some isnad under rasa interest to the
Prophet after the Prophet classified reason by previous rasa’il compiler
compilers

There are differences between Sunni and Shia (major) and within Sunni and Shia schools in terms of hadith scholarship.

Canonical Collections (Sunni)

Sahih Bukhari Sahih Muslim Sunnan of Abu Dawood Sunnan of Tirmidhi Sunnan Nasai Sunnan Ibn Maajah

Canonical Collections (Shia)

Al-Kafi fi Ilm ad-Din of Man la yahduruhu al-Faqih Tahdhib al-Akham of Shaykh Al-Istibar of Shaykh
Muhammad al-Kulayni of Muhammad ibn Babuya Muhammad at-Tusi Muhammad at-Tusi

© 2009 Faisal Kutty

Faisal Kutty, J.D. (Ottawa), LL.M. (Osgoode) For a detailed explanation see Part 5 of Faisal Kutty,
Assistant Professor & Director, International LL.M. Fiqh, Furu, Hukm, and/or Fatwa The Myth and Reality of Shari'a Courts in Canada: A
Delayed Opportunity for the Indigenization of Islamic
Program
Valparaiso University Law School (laws, rules, derivatives) Legal Rulings,7 U. ST. THOMAS L.J. Iss. 3, Article 7
Adjunct Professor, Osgoode Hall Law School of York (2010), available at
University http://papers.ssrn.com/sol3/papers.cfm?abstract_id=174
9046 or Part III of The Shari'a Factor in International
Ahmad Kutty, al-Faqih fi al-ddeen (Santapuram Islamiya, Commercial Arbitration 28 LOY. L.A. INT'L & COMP.
India), Licentiate in Usul al-Ddeen (Islamic University of Qada Ifta L. REV. 565 (2006), available at
Medinah), M.A. (Toronto), Ph.D. (ABD, McGill) http://digitalcommons.lmu.edu/ilr/vol28/iss3/4.
Senior Scholar, Islamic Institute of Toronto (binding adjudication) (advisory)
Jurist Consult

The authors would like to acknowledge assistance

from HiMY SYeD and Katherine Walker, J.D.,
Valparaiso University Law School Shia Schools Sunni Schools
(Many lesser known schools exist) (There were hundreds of schools of which four have become
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