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SOURCES OF ISLAMIC LAW

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SOURCES OF ISLAMIC LAW

Sources Of Islamic Law


Quran:
 Quran is the major source of Guidance.
 Its primary and independent source.
 It offers guidance of all aspect of life.
 It’s stated in Quran” This is the book in which guidance is for sure without doubt for those who
fear Allah”. (Al Baqarah)
 Provides laws of every aspect of life which include social, religious, financial and ethical etc.
 For theft its stated in Quran “As to the thief male or female cut off his or her hand a
punishment from Allah for their crime”.
 Such as religious:
 “He who offers o forget his prayer must compulsate as soon as possible”
 For Authenticity:
 “We have without doubt send down the message and we will surely guard it from corruption”.
 Its laws are authentic and indestructible which cannot be challenged.
 Thus, Allah’s book is perfect and authentic.
 On Zakat and prayer:
 “And especially for those who offer prayer, perform charity regularly and believe in One Allah
and on the day of Judgment will surely get the reward”.
 It’s stated in Quran That “Your jugular veine shouldn’t stretch while taking to your parents”.

Hadith:
 Hadith or Sunnah of Prophet Muhammad (PBUH) is authority next to Quran.
 It’s the 2nd Primary Source from which Muslims seek guidance.
 It stated in Quran “Who so obeys messenger obey Allah”.
 The Quran briefs the law but Hadith Elaborates it.
 Extend the Islamic laws.
 Such as sehri and iftar.
 Once Prophet Muhammad (PBUH) said “Take a little meal before the dawn as it has the
blessings of Allah”. For the circumstance of Sehri.
 For Iftar Prophet Muhammad (PBUH) broke his fast by eating dates in odd numbers. This proved
the act done and considered as the sunnah of Prophet Muhammad (PBUH).
 It’s stated in Quran “As to the thief male or female cut off his or her hand a punishment from
Allah for their crime” but hadith Elaborates the circumstances of Theft and the Punishment
Given.
 Once Prophet Muhammad (PBUH) stated “Cut his or her right hand till the wrist”
 It’s used when Quran is silent.
 No sleeping is allowed between asr and maghrib told this act by Prophet Muhammad (PBUH).
 The hadith or Sunnah of Prophet Muhammad (PBUH) was also about how to eat wear or drink
etc. as Quran was silent on it.
 Prophet Muhammad (PBUH) told his believers by his sunnah:
1. Wash hands
2. Sitting on floor
3. Not to eat from one or two fingers or from left hand.

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SOURCES OF ISLAMIC LAW

4. Grind your meal to eat less.


5. After eating praise Allah and wash your hands.
6. Putt off your dishes back and wash them.
Some of the Specific Examples Include:
 Right convert to sleep is sunnah as opposite sleep is shaitan sleep.
 Eating donkey or mules is not allowed and all animals which have cenion teeth.
 The example of Nehr allocated while slaughtering the camel.

Quran and Hadith


Quran and Hadith are the major two primary sources that are interlinked. They are interlinked in such a
way that Quran briefs it so Hadith elaborates it.
It’s stated in Quran “Who so obeys messenger obeys Allah”. Such as an example that in various places of
holy Quran Allah asks his believers to establish prayer regularly. It’s sated in Quran “Offer prayer and
give poor taxes and bow down your heads with those who bow down” though this hadith dose not brief
the circumstances of prayer but the below mentioned hadiths elaborates it as once Prophet Muhammad
(PBUH) said “Offer prayer as you see me Praying”. Another hadith in which Prophet Muhammad
(PBUH) said “there is no payer for those who do not recite the first chapter of Quran” though this
hadith elaborates the circumstances of prayer which makes a rule that prayer could not be offered if surah
Fathia would not be recited.
Another example such as in Holy Quran in various places Allah reminds his believer about zakat. It’s
stated in the Holy Quran “And especially for those who offer prayer, perform charity regularly and
believe in Allah and the last day will surely receive the reward”. Though this verse doesn’t elaborate the
circumstances of performing zakat. But once Prophet Muhammad (PBUH) said “There is no zakat on
property until a year on it”. Though this verse elaborates the circumstances of zakat.

Quran And Ijma


If Muslims cannot seek guidance from Quran they move onto Hadith. But if Muslims also couldn’t get
guidance from Hadith, they move onto the third Islamic law named “Ijma” a unanimous decision by
whole Muslim ummah on Islamic matters after the death of Prophet Muhammad (PBUH). It requires the
usage of the two primary sources as it only clarify the un clear in primary sources.
In Quran in verse #23 in Surah Nisa Allah stated “Prohibited amongst you for marrying is your mother
and daughter”. It also tells marrying to your mother, step mother, daughter or step daughter is prohibited.
Though it doesn’t clarify the permission given to marry grandmother or granddaughters. Thus, after
consensus it was also prohibited to even marry to granddaughters or Grand Mothers.
Another example is that it’s stated in Quran “whenever death approaches any of you and if he leaves
goods that he makes a bequest to his father than to his kin…” (Al Baqarah).it justifies that if son dies so
his property or go0d will be given to his father but it makes confuse that what will happen if father also
died. Thus, after consensus it was finalized that the property or good will be given to grandfather.

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SOURCES OF ISLAMIC LAW

Hadith And Ijma


If Muslims cannot seek guidance from Quran they move onto Hadith. But if Muslims also couldn’t get
guidance from Hadith, they move onto the third Islamic law named “Ijma” a unanimous decision by
whole Muslim ummah on Islamic matters after the death of Prophet Muhammad (PBUH). It requires the
usage of the two primary sources as it only clarify the un clear in primary sources.
An example of relation between Hadith and Ijma is on about the selling of edible items. It’s stated that
once Prophet Muhammad (PBUH) stated that “whoever buys edible item cannot sell it until he had
taken the ownership”. The Sanad of the Hadith was Zaeef due to which many Muslims were confused
weather to accept it or to keep it a side. After consensus it was finalized that the law is correct and would
be followed. It’s even used in edible items transactions currently. But after the consensus it was finalized
that whoever will sell these goods would have to show it to the customer before selling.

Quran And Qiyas


P1: Intro about Qiyas and Quran
P2: Examples of Quran and Qiyas
P3: Example of Quran and Qiyas
Qiyas is known as the analogy an individual opinion given by expert people. It’s the 4 th Islamic law which
is secondary. It’s used when Quran, Hadith and Ijma are silent. It’s the comparison of known with the
unknown. Quran is the major source of Guidance. Its primary and independent source. It offers guidance
of all aspect of life
It’s stated in Quran “when the call is proclaimed of Friday leave your business and traffic and that is
the best for you” though this verse briefs that no selling is allowed after the Friday call has been
proclaimed but if buying also not allowed after Friday prayer has been proclaimed? Thus, after analogy
buying was also prohibited as it also distracts and there is a chance of missing prayer.
Another example is that it’s stated in Quran “O believer intoxicants and gambling, dedication to stones
are the filthy works of shaitan get away from them so you may prosper” but it doesn’t highlight weather
which kind of toxicants or related to toxicants are prohibited. Thus, after analogy such as cigarette were
considered as prohibited.

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SOURCES OF ISLAMIC LAW

Qb) What is the fundamentals of Qiyas?

 Asal: the ruling mentioned in Quran or hadith.


 Far: the ruling which is not found in Quran or Hadith.
 Illa: the linking cause to Asal and Far.
 Hukum: the law passed or new judgment on a problem.

Hadith And Qiyas


Hadith or Sunnah of Prophet Muhammad (PBUH) is authority next to Quran. It’s the 2nd Primary Source
from which Muslims seek guidance. Qiyas is known as the analogy an individual opinion given by expert
people. It’s the 4th Islamic law which is secondary. It’s used when Quran, Hadith and Ijma are silent.
As an example, its stated by Prophet Muhammad (PBUH) “all intoxicants are prohibited”. It’s also said
that Prophet Muhammad (PBUH) set lashes as punishment. but how many lashes? Thus, after Qiyas
through analogy and consulting companions 80 lashes were considered as the punishment.
Another example that when Prophet (PBUH) was ill he appointed Hazrat Abu Bakr to lead the Prayer. It
offers guidance to lead prayer but it doesn’t offer guidance weather to lead Muslims too. Thus, after
analogy he was considered as their next leader as he was appointed by Prophet (PBUH).

“How Can Only Independently Source


Form Up A Law”
FOR ONLY QURAN:
 P1: INTRO ABOUT ONLY QURAN
 P2: EXAMPLES THAT SUJJEST THAT QURAN CAN INDPENDENTLY FORM UP A
LAW SUCH AS EXAMPLE OF PRAYER, ALCHOAL, AND MORAL OR ETHICAL
SOCIAL. ALL THE SUPPORTED REFRENCES.
 P3: IT LWAS ARE UNDUSTRUCTIBLE AND AUTHENTIC WHICH CAN NOT BE
CHALLENGED.
FOR ONLY HADITH:
 P1: INTRO ABOUT HADITH
 P2: EXAMPLES THAT SUJJEST THAT HADITH CAN INDPENDENTLY FORM UP A
LAW SUCH AS EXAMPLE OF ZAKAT OR PRAYER
 P3: EXAMPLES ABOUT SPECIFIC SUCH AS NT EATING MULES OR DONKEY OR
NOT EATING THOSE ANIMALS WHICH HAVE CANIEN TEETHS.
FOR ONLY IJMA:
 P1: INTRO ABOUT IJMA
 P2: EXAMPLES OF ONLY IJMA WHICH INCLUDE “PROHIBBITED TO YOU FOR
MARRIGE…” BUT GRAND MOTHER OR GRAND DAUGHTERS INCLUDED?

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 P3: PROPHET (PBUH) GRANTED PERMISSION TO DO IJMA.


FOR ONLY QIYAS:
 P1: INTRO ABOUT QIYAS
 P2: FUNDEMENTALS OF QIYAS AND EXAMPLESSUCH AS OF HOW MANY
LASHES? EXAMPLE OF FRIDAY PRAYER AND HUKUM TO US
 P3: WHY FEW SCHOARLS HASITATE TO DO THIS?

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SOURCES OF ISLAMIC LAW

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