Sources of Islamic Law

1. Quran
2. Hadith
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Sources of Islamic Law

Quran Hadith Ijma Qiyas

1st 2nd 3rd 4th

Primary Sources Secondary Sources

(Independent for forming laws) (Dependent on primary for forming laws)

Quran
Quran is the major source of guidance.
- 1st Source of Islamic Legal Thinking
- Primary Source of Islamic law which means it can form laws independently.
- It is legal because its permission is given in 2:2 (Al-Baqarah).

It offers guidance for all walks of life.

- Unlike other religious books Quran offers guidance on every topic of life. - Religious laws like
articles and pillars (2:43) (2:183) Al-Baqarah
- Social laws regarding polygamy, wine, gambling, and theft, etc. (5:38) and (5:90) Al-Maidah
- Financial laws related to interest and earning earnestly. (2:275) Al-Baqarah
- Political laws about the righteous leader to follow. (4:59) Al-Nisa
- State laws to be peaceful with peaceful states and to be defensive with aggressive ones.
- Moral laws about lowering the gaze and guarding modesty. (24:30-31) Surah Nur
- Ethical laws about speaking politely with parents and being nice to slaves and neighbors. (49:2)

Its laws are indestructible.

- Comparison of the Quran with the previous three books.
- They were forgotten, lost, altered and corrupted.
- The Quran cannot be lost or corrupted because the responsibility for its protection has been
taken by Allah.
- (15:9) Surah Hijr

Its laws are beyond challenging.

- The personality of Allah is perfect and supreme.
- Similarly, His words in the Quran are also perfect and supreme.
- As His personality cannot be challenged similarly His words can also not be challenged.
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Hadith
Hadith is the authority next to Quran.
- 2nd source of Islamic legal thinking.
- It is a primary source of Islamic law which means it can form laws independently.
- It is legal because its permission is given in (4:80) Al-Nisa.

It extends Quranic laws.

- When Quran states laws briefly, the Ahadith of Prophet Mohammad (PBUH) explain them.
- (2:43) mentions Prayer & Zakat but it does not mention the method of prayer & time of Zakat.
- They are explained by the Ahadith of Prophet Mohammad (PBUH).
- (5:38) mentions the punishment for stealing which is amputating the hand of a thief.
- It does not mention, what amount of stealing the punishment is applicable.
- The following hadith explains the amount: “The hand of a thief can only be cut off for the value
of a Quarter of Dinar and onwards.”

It is used when Quran is silent.

- General examples; Daily life activities like eating, drinking, wearing, sleeping etc.
- Specific examples; Punishment of married adulterer or adulteress i.e. stoning till death and
prohibition of eating the meat of donkeys, mules, animals with canine teeth & birds with talons.

It provides Tafsir (explanations) of key verses of the Quran.

- Explanations of verses that carry historical events/stories from the past e.g. the story of Hazrat
Ibrahim, the story of Hazrat Adam and the journey of Mairaj, etc.

Past Papers
Q (a) Describe how Quran and Hadith are related. [10]
P1: Quran (Discuss four main points in medium length)
P2: Hadith (Discuss four main points in medium length with examples)
See Book # 2 pages # 13-14 for the model Answer.

Q (a) Describe the relation b/w the Quran and Sunnah. [10]
Same as above See Book # 2 Page # 13-14 for the model answer.

Q (a) Discuss how hadith has been used as a source of guidance. [10]
Discuss four main points in full length. See Book # 2 pages # 11-13 for the model answer.

Q (a) Briefly describe the four main sources of Islamic law. [10]
P1: Quran
P2: Hadith Discuss main points concisely.
P3: Ijma
P4: Qiyas
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Quotations

“This is the Book; in it is guidance sure without doubt for those who Fear Allah” (2:2) Al-Baqarah.

“We have without doubt sent down the Message; and We will surely guard it (from corruption)” (15:9)
Al-Hijr

“He who obeys the Messenger obeys Allah” (4:80) Al-Nisa.

“Establish regular prayer and give poor-tax and bow down your heads with those who bow down”
(2:43) Al-Baqarah

“Offer prayer as you see me offering.” (Hadith)

“There is no Zakat on the one until the year passes over.” (Hadith)

“The Prophet (PBUH) forbade eating the meat of donkeys, mules, animals having canine teeth and
birds having talons.” (Hadith)