Sources of Islamic Law O Level Islamiyat

Prepared By: Dr.
Faysal Ahmed Aleemi 1

Islamic
Law is
also
called
“Islami
c
Shariah
”
Prepared By: Dr. Faysal Ahmed Aleemi 2

Sources of
Ijma &
Islamic
Qiyas
Law
Secondary Primary
Law Law
The Quran
& Hadith
1. Meaning
2. Importance with at least one Ref
3. Teachings
4. Examples at least 5 with Ref (at least
three)
5. Conclusion
*Things to Remember!
1.
THE QURAN AS
THE 1 SOURCE OF
ST
LAW
*Why is the Quran
First Source of Law?

• The Quran is the Last `& Final Book of Allah
• It serves as the only Authentic Source of Guidance
• It is a Complete Code of Life
ََ‫اب ِت ْب َي ًانا ِل ُك ِّل َش ْْيٍ َو ُُ ًً َو ََ ْْ ََ ًً َو ُُ ْْ ََ ِل ْل َُ ْْس ِلَي‬

َ َ‫َو َن َّزْل َنا َع َل ْي َك ْال ِك ت‬
ِ ِ
“And We have sent down to you the Book as
clarification for all things and as guidance and
mercy and good tidings for the Muslims.”
*Introduction:
• It guides in each walk of human life
• Either Religious, Financial, Political, Individual,

Social etc
• About 500 verses are concerned with Islamic legal

matters
*Teachings of the
Quran
Awamir Nawahi
*Establishment of *Shirk
Prayer
*Killing
*Helping others
*Interest – Riba
*Establishment of
Justice *Theft
*Kindness with *Adultery
parents
*Commandments of the
Quran – Nusus e Quran
* Example no 1: Religious Teaching
• All fundamental beliefs and practices have

been derived from the Quran
• Like Belief in Allah, Belief in Life after

Death, Establishment of Prayer 5 times a
day, Fasting in the month of Ramadan,
Zakat once in a year, Hajj once in a life
time etc

* Example 1: Religious Teaching
• Example of Prayer:
• Prayer is obligatory upon all Muslims, man and
woman
• In all circumstances, whether they are at
home or in journey, war or peace, sick or
healthy
• Allah says:
“And establish Prayer to remember Me.”
[20:14]

* Example 2: Legal Punishment – Hudud
Ordinance
• The Quran also gives a set of legal punishment in
order to maintain law & order in the society.
• This includes punishment for theft, murder,
adultery, terrorism etc.
• For theft it commanded to cut off the hands of
thief either man or woman.
• As it comes in the Quran: "The male thief, and the
female thief, you shall cut off their hands as a
punishment for their deeds."[ 5:38]

* Example 3: Legal Punishment
•For committing adultery, Allah has

prescribed 100 whips to flog unmarried
man or woman
•As it says in Surah Nur: “As for the
fornicatoress and the fornicator, flog
each of them one hundred lashes and do
not take pity in enforcing the law
ordained by Allah.” [24:2]

* According to the Quran Khamar (Wine) is forbidden and

filthy work of Satan
* As it states:
“O People who Believe! Wine (all intoxicants), and
gambling……… are impure - the works of Satan,
therefore keep avoiding them so that you may
succeed.”

* Example 5: Financial Teachings
• Financial dealing is one of the important

parts of human life
• The Quran also lays down some rules to run
the economy system smoothly.
• All unfair means of earning are declared
unlawful.
• As it commands: "Oh you who believe! Eat
not up each other's property by unfair and
dishonest means."(4:29)

* Example 6: Financial Teachings
• The Qur'an prohibits interest (Riba) in the strongest
terms
• As it is a dangerous virus for economy of any state.
• Therefore, Riba has been condemned critically various
times in the following verses:
• “Allah destroys interest and increases charity.”

• “O Believers! Fear Allah and give up what remains of
interest if you are believers.”
• “But if you do not do like this, then be warned of war
from Allah and the Messenger of Allah.”
[2: 276, 278 , 279]

*Example 7: Life for Life (Surah Bani Israil)
*Example 8: 80 Lashes for Slander (Surah Nur)
*Example 9: Law of Inheritance (Surah Nisa )
*Example 10: Political Leadership in

accordance with Allah and His Messenger
(Surah Nisa)
*Few More Examples

*Conclusion:
* All the Muslims are bound to follow the Quranic

injunctions
*The Quranic commandments are called ‘Nusus’ such as
Salat, Zakat, Saum, Hajj, the laws of inheritance or
legal punishment etc.
*Refusal to believe in any of the Quranic
commandments leads to disbelief.

2.
HADITH AS THE
2 SOURCE OF
ND
LAW
*What is the
difference b/w
Hadith and Sunnah?

*Hadith is the teachings of the Prophet (pbuh)
*It covers all aspects of his life either his
saying, action or silent approval
*It is used as 2nd source of guidance in legal
thinking
*It guides us in each walk of life after the
Quran
*It teaches Muslims in their individual, social
and legal matters
*Introduction
• Allah (SWT) also emphasized on the importance of
Hadith
• He commanded Muslims to follow, obey and imitate
him in their lives
• As the Quran states:
“ And obey Allah and obey the Messenger.”
Again it says:
“ One who obeys the Messenger indeed obeys Allah.”
*Importance of Hadith
Muslims are unable to understand & practice
Quranic teachings without Hadith & Sunnah
 The Prophet (pbuh) was sent as the Teacher &
Interpreter of the Quran
Therefore, he did not only deliver the Quranic
verses to the Muslims but also demonstrated
practically all commandments
Thus Hadith has a vital role and significant
relation with the Quran
*Importance of Hadith
*Example 1
 Religious Teachings:
 All fundamental beliefs & practices have been explained by
the Prophet (pbuh)
 For Prayer the Quran says:
 “And establish Prayer to remember Me.” [20:14]
 But no method of Prayer discussed in the Quran
 The Prophet (pbuh) explained the method of Prayer
verbally & practically
“ Offer Prayer as you see me offering.” -
Hadith-
• Similarly, all other religious teachings (Fasting, Hajj etc)
have been described in detail by the Hadith
*Example 2
 Legal Punishment:
* For committing adultery, Allah has prescribed 100 whips to flog
unmarried man or woman
* As it says in Surah Nur: “As for the fornicatoress and the
fornicator, flog each of them one hundred lashes and do not
take pity in enforcing the law ordained by Allah.” [24:2]
 But this punishment is specific for unmarried people but for
married the Quran is silent
 Hadith described “Rajam” – Stoning till death – if married
people commit adultery they would be stoned till death.
 Hazrat Maiz (R.A) was sentenced this punishment (RAJAM) by
the Prophet (pbuh)
*Example 3
 Legal Punishment:
 All Quranic punishments are also further explained in Hadith
• For theft it commanded to cut off the hands of thief either man or
woman.
• As it comes in the Quran: "The male thief, and the female thief,
you shall cut off their hands as a punishment for their deeds."[
5:38]
 But it is not mentioned to what extent the hands should be cut off
• Nor the amount of theft is given
• It is the Hadith which commanded to cut the right hand upto wrist
on the theft of 10 Darham value thing
• And the Hadith also exempted the punishment in the theft of
fruits
• As a Hadith says: “ There is no cutting hands in fruits.”
* According to the Quran Khamar (Wine) is forbidden and

filthy work of Satan
* As it states:
“O People who Believe! Wine (all intoxicants), and
gambling……… are impure - the works of Satan,
therefore keep avoiding them so that you may
succeed.”
* But the Quran is silent on the punishment
* Hadith declared 40 lashes
* Later increased upto 80 during
H. Umar Caliphate

*Example 5
* Financial Teachings:
• The Qur'an has declared interest (Riba) haram
• But the Hadith further explained what interest (Riba) is and

its different types
• "Gold for gold, silver for silver, wheat for wheat, barley for
barley, date for date, salt for salt, must be equal on both
sides and hand to hand. Whoever pays more or demands
more (on either side) indulges in Riba ."
*Thus the Prophet (pbuh) is the model of
excellence for all mankind
*Allah presented his life as a good example
for mankind saying:
*“ Indeed you have a good pattern in the life
of Messenger of Allah.”
*Conclusion
Q N 2012/P1/2
(a)Write about the way in which the two
primary sources of Islamic legal thinking are
used [10]
(b) How is the use of Ijma (consensus)

important to Muslims today? [4]
*Pass Paper Question 1

QN2011/P2/2
(a) What part do Hadiths play in Islamic
Legal Thinking . [10]
(b) What is the importance of consensus

(Ijma) in Islam? [4]

QN2010/P1/2
(a) Describe how the two main sources of Islamic
legal thinking are related. [10]
(b) Give an example to show how the Qur’an

could be used in the exercise of qiyas (analogy).
[4]

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Prepared By: Dr.

Faysal Ahmed Aleemi 1

Prepared By: Dr. Faysal Ahmed Aleemi 2

Prepared By: Dr. Faysal Ahmed Aleemi 6

ََ‫اب ِت ْب َي ًانا ِل ُك ِّل َش ْْيٍ َو ُُ ًً َو ََ ْْ ََ ًً َو ُُ ْْ ََ ِل ْل َُ ْْس ِلَي‬

• Either Religious, Financial, Political, Individual,

• About 500 verses are concerned with Islamic legal

• All fundamental beliefs and practices have

• Like Belief in Allah, Belief in Life after

Prepared By: Dr. Faysal Ahmed Aleemi 10

Prepared By: Dr. Faysal Ahmed Aleemi 11

Prepared By: Dr. Faysal Ahmed Aleemi 12

•For committing adultery, Allah has

Prepared By: Dr. Faysal Ahmed Aleemi 13

* According to the Quran Khamar (Wine) is forbidden and

Prepared By: Dr. Faysal Ahmed Aleemi 14

• Financial dealing is one of the important

Prepared By: Dr. Faysal Ahmed Aleemi 15

• “Allah destroys interest and increases charity.”

Prepared By: Dr. Faysal Ahmed Aleemi 16

*Example 8: 80 Lashes for Slander (Surah Nur)

*Example 9: Law of Inheritance (Surah Nisa )

*Example 10: Political Leadership in

*Few More Examples

* All the Muslims are bound to follow the Quranic

Prepared By: Dr. Faysal Ahmed Aleemi 18

Prepared By: Dr. Faysal Ahmed Aleemi 20

* According to the Quran Khamar (Wine) is forbidden and

Prepared By: Dr. Faysal Ahmed Aleemi 27

• But the Hadith further explained what interest (Riba) is and

(b) How is the use of Ijma (consensus)

*Pass Paper Question 1

(b) What is the importance of consensus

*Pass Paper Question 2

(b) Give an example to show how the Qur’an

*Pass Paper Question 3

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