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In Islamic jurisprudence, there are two primary sources of law: the Quran (the holy book of

Islam) and the Sunnah (the traditions and practices of the Prophet Muhammad). These two
sources are considered the primary sources of Islamic law, but in addition to them, there are
secondary sources that scholars have developed to help interpret and apply Islamic law. The
secondary sources of Islamic law are collectively known as "Usul al-Fiqh," which means the
principles of jurisprudence. These sources are used to derive legal rulings when the Quran and
Sunnah do not provide explicit guidance. The conditions and types of secondary sources in
Islamic jurisprudence include:
1. Ijma (Consensus):
 Definition: Ijma refers to the consensus of opinion among qualified Islamic
scholars on a particular issue or legal ruling.
 Conditions: For consensus to be valid, it must meet the following conditions:
 The consensus should be among qualified and trustworthy scholars.
 It should relate to a matter on which there is no clear guidance in the
Quran or Sunnah.
 It must be unanimous; even one dissenting opinion can invalidate it.
 It should occur during the time of the Companions of the Prophet or the
early generations of Islamic scholars.
 Types: Ijma can be explicit or inferred. Explicit consensus refers to a clear and
documented agreement among scholars. Inferred consensus is derived when there
is a lack of contradictory evidence among scholars on a particular issue.
2. Qiyas (Analogical Reasoning):
 Definition: Qiyas involves making analogies between a known legal ruling in the
Quran or Sunnah and a new, similar situation for which there is no direct
guidance in the primary sources.
 Conditions: For qiyas to be valid, certain conditions must be met:
 There must be an established precedent in the Quran or Sunnah for the
known situation.
 The new situation must be similar in its effective cause (illah) to the
known situation.
 There should be no clear evidence (Quran or Sunnah) contradicting the
analogy.
 The analogy should not lead to an unjust or contradictory ruling.
 Types: Qiyas can be used to derive new rulings based on existing principles in
Islamic law. It allows for the adaptation of Islamic jurisprudence to address
contemporary issues.
3. Istihsan (Juristic Preference):
 Definition: Istihsan involves making a legal preference for a ruling that is
considered better or more just, even if it appears to contradict the apparent
meaning of another legal source.
 Conditions: Istihsan is used when the jurist believes that applying a different
ruling would be more equitable or in line with the objectives of Islamic law
(maqasid al-sharia). There are no fixed conditions; it is based on the jurist's
judgment.
 Types: It is a subjective source of law and varies based on the judgment and
reasoning of the jurist. It is often used to resolve conflicts within the other sources
of law.
4. Istislah (Public Interest or Maslaha):
 Definition: Istislah involves considering the public interest or welfare of the
community when deriving legal rulings.
 Conditions: Istislah is applied when the jurist believes that a particular ruling
promotes the well-being of society and is in line with the objectives of Islamic
law. Like istihsan, it is subjective and based on the jurist's judgment.
 Types: Istislah is often used to address contemporary issues and is rooted in the
broader concept of promoting public welfare.
These secondary sources of Islamic law provide flexibility in interpreting and applying Islamic
principles to a wide range of circumstances. They are used by Islamic scholars and jurists to
address new and evolving issues while remaining consistent with the core values and principles
of Islam. The conditions and types of these secondary sources can vary among different Islamic
legal traditions and schools of thought.
Certainly, I'll explain the types of secondary sources in Islamic jurisprudence more precisely:
1. Ijma (Consensus):
 Types: Ijma can be categorized into two main types:
a. Ijma al-Sukuti (Silent Consensus): This occurs when there is no recorded
dissenting opinion among qualified scholars on a particular issue. While not
explicitly documented, it is inferred from the lack of contradictory evidence.
b. Ijma al-Qauli (Express Consensus): This is an explicit and documented
consensus among qualified scholars, demonstrating their unanimous agreement on
a specific issue.
2. Qiyas (Analogical Reasoning):
 Types: Qiyas is typically applied in two primary scenarios: a. Qiyas al-Shar'i
(Legal Analogy): This involves drawing an analogy between a known legal
ruling in the Quran or Sunnah and a new, similar situation for which there is no
direct guidance. It is used to extend legal principles. b. Qiyas al-'Aqli
(Intellectual Analogy): This extends beyond purely legal matters and can involve
analogical reasoning in broader aspects of life, such as ethics or public policy.
While it's not a primary tool for deriving Islamic law, it plays a role in ethical and
public interest considerations.
3. Istihsan (Juristic Preference):
 Types: Istihsan includes the following types: a. Istihsan al-Awla (Preferable
Juristic Preference): This occurs when a jurist believes that a different ruling is
preferable for various reasons, such as justice or public interest, even if the
apparent meaning of another legal source suggests otherwise. b. Istihsan al-
Mawlawi (Customary Juristic Preference): This type takes into account local
customs and practices to determine a more suitable ruling. It considers the
prevailing norms of a specific community.
4. Istislah (Public Interest or Maslaha):
 Types: Istislah is a broader concept and can encompass various types of public
interest considerations. Common categories of istislah include: a. Istislah
al-'Ammah (General Public Interest): This involves rulings that serve the
general well-being of society. b. Istislah al-Khasah (Specific Public Interest):
This type considers the interests of specific groups or individuals, such as the
protection of vulnerable populations.
These types of secondary sources in Islamic jurisprudence illustrate the diversity and flexibility
in deriving legal rulings when the primary sources (the Quran and Sunnah) do not provide
explicit guidance for specific situations. Islamic scholars and jurists may use these secondary
sources to address new and complex issues, ensuring that the principles of Islamic law remain
relevant and just in a changing world. The application and acceptance of these sources can vary
among different Islamic legal traditions and schools of thought.

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