Source of Islamic Law

SOURCE OF ISLAMIC LAW - HISTORY AND IMPORTANCE OF QURAN

1.Use of the Qur’an, Sunnah, Ijma and Qiyas in Legal

Thinking:
QURAN:
 Quran is the first source of Islamic law. 
 It is a primary source which is independent of all sources. 
 Quran in the divine, eternal and complete word of Allah which is a
source of guidance for all Muslims. 
 It contains a divine code of conduct for all Muslims which contains
teachings for Muslims on how to lead lives. 
 From the Quranic point of view, sovereignty belongs to Allah and
therefore, the law formulated by Him in the form of the Quran is the
fundamental law according to which He wants a Muslim to live both in his
private and social life. 
 It provides for him the knowledge of right and wrong, of the difference
between the straight path and that which leads him astray. 
 The Quranic law deals with beliefs, morality, worship, civil transactions,
punishment for intentional injury to the human body, property and honor
etcetera. 
 Quoted below, are several injunctions of the Quran which set as
guidance for individuals:
 “Come not nigh to the orphan’s property except to improve it”.
This verse explicitly speaks on the importance of how to treat an
orphan’s property.
 In matters of inheritance, the Quran lays down regulations for a just
distribution of wealth left behind a deceased person. 
 Theft is prohibited and punishment is laid down. Drinking wine, games
of chance and charging interest are prohibited without a penalty being fixed. 
 There are laws concerning false accusations, blood money and
retaliation: “we ordained therein for them; life for life, eye for eye, nose
for nose, ear for ear, tooth for tooth and wounds equal foe equal…”
 The Quranic law is perpetual and everlasting. 
 It does not change with the passage of time. 
  It is complete and final because no aspect of human life has been left
without guidance and nothing more is needed to supplement all that is
provided by it.

  Sunnah:
 Sunnah of the prophet is the 2nd source of Islamic law. 
 It comes right next to Quran. Sunnah literally means the sayings,
actions or silent approvals of the Prophet.  
 Sunnah of the Prophet is not only an elaboration of the meaning of
Quran, but also addresses issues upon which Quran is silent. 
 Therefore, Sunnah describes a verse of the Quran. 
 \Whereas, in the second position, if there is no mention of the
commandments in Quran, Sunnah will stand on its own force as the sole basis
for law. 
 As the Muslim community grew, need was felt to supplement the Quran
with Sunnah. 
 Public law, criminal law, property and family law all were elaborated with
the help of Sunnah. 
 The Quran itself mentions the need to resort to Sunnah in particular
methods by saying: “we have sent the admonition to you (O Muhammad),
so that you should make plain and explain to the people the teachings of
the book which has been sent for them”.
 Mentioned below are a few examples to explain how the Sunnah is
used as a source of Islamic law.
 The Quran says: “establish regular prayer”. 
 However, it does not mention the exact method of praying. This void
was filled by the Prophet who taught his companions how to pray and even
said “pray as you see me praying”.
 Zakat has been made compulsory in the Quran by saying:“be
steadfast in prayers and give charity”. However, it is Sunnah which defines
the exact limits of zakat. “no charity tax is due on property mounting to
less than 5 uqiya, and no charity tax is due on fewer than 5 camels and
no charity tax is due on less than 5 wasq.

IJMA:
      

     Ijma is the third and secondary source of Islamic law. Its literal meaning is
unanimous agreement. Ijma, is basically a consensus of legal experts over a
question regarding Islamic law on which the Quran and Sunnah are silent
     However, it must be noted that to perform Ijma, the legal experts must have
complete knowledge of Quran and Sunnah because Ijma of modern experts
cannot go against the teachings of Quran and Sunnah. The scholars should
also have in depth knowledge of the previously performed Ijmas and also of
the new problem under consideration.

    // Now, I can understand that some of you must be wondering that since the
primary sources of Islamic law are perfect, why need of Ijma. In this regard it
is important to understand that though the Quran and Sunnah are
undoubtedly flawless, however there is no harm at all in extending those very
teachings to apply them to problems which the Muslim Ummah faces today.
And this, by no means implies defying or contradicting Quran and Sunnah. //

   In fact the Quran itself approve of the Ijma at several instances. 
    It says: “O you who believe, obey Allah, and Obey His messenger and
those charged with duty amongst you”

   Here those charged with duty refers to Islamic scholars, thus proving that their
consensus is a valuable source of Islamic law.

   To further clear your understanding, let me quote some examples of previously
performed Ijmas:

● During Hazrat Umar’s Caliphate, it was felt that the Muslims had difficulty
gathering for the Friday prayer on just one azaan and so it was decided
by the experts to have 2 calls for prayer on Fridays.

●  The Tarawwih prayer is prayed throughout Ramadan after Isha in which

the whole Quran is recited. This was the Ijma of the companions of the
Prophet during the time of Hazrat Umar’s Caliphate, to perform 20 rakats
of this prayer and this is practiced even today.

      QIYAS:
Qiyas is actually a legal method of deducing one principle from another by
comparing them together. However, please bear in mind that Qiyas can 
    only be performed of both the Quran and Sunnah are silent on a particular
issue and even no Ijma has been performed. Therefore, the purpose of 
     Qiyas is primarily to facilitate Muslims to fashion their lives according to Islam
in the modern world. Like Ijma, Qiyas too, finds its approval in the primary
sources of Islamic law.
   The Quran says: “marry women of your choice, two or three of four; but if you
fear you shall not be able to do justice then only one”
   
   Here the second clause (but if you fear…) allows for humans to apply their own
reasoning and chose for what suits them best, but within the limits defined by
Quran. In fact, this is in essence, the true meaning of Qiyas.
    
   Similarly, the Sunnah also approves of the Qiyas in the following incident:
  
    When the Holy Prophet sent Muadh Ibn Jabal as governor of Yemen, he
asked him: “How will you reach a judgment when a question arises?” Muadh
replied: “according to the word of Allah.” “And if you find nothing therein?” He
then replied: “Then according to Sunnah of the messenger of Allah.” The
Prophet again questioned: “And if you find nothing therein?” On this, Muadh
said: “Then I shall take the decision according to my opinion” The Prophet
was extremely pleased at his response and remarked: “Praise be to Allah who
has led his messenger to a solution that pleases him”
     This anecdote illustrates that the Prophet appreciated the use of one’s
analogical deduction – Qiyas – to deliberate on issues not explained in the
Primary sources of Islamic Law.

    Qiyas can be divided into 4 portions:

1.     Asl: the actual injunction in Quran or Sunnah
2.     Illa: reasoning behind the injunction
3.     Hukm: the new deduction made
4.      Far: the link between the injunction and deduction