DISCUSS THE PRIMARY AND SECONDARY SOURCES OF ISLAMIC LAW?

1. PRELIMINARY NOTE:

Islam is the complete code of life. It gives guidance in all walks of life. There are
different types of sources of Islamic law. The Quran is the first and primary source of
moral law and legal enactments. According to Islam the ultimate source of any
authority is God alone. The sources of Islamic law are classified into two categories:
primary sources and secondary sources.

2. IMPORTANCE OF SOURCE IN ISLAMIC LAW:

Source has great importance for Islamic law because the ultimate source of Islamic
law is the Quran and the Quran is the command or authority of Allah and Allah is
alone.

3. MEANING OF ISLAMIC LAW:

According to Imam Abu Hanifah.

Fiqh is knowledge of what is for a man's self and what is against a man's self.

4. TYPES OF SOURCES IN ISLAMIC LAW:

According to Muslims Jurists, there are two types of sources for Islamic law.

I. PRIMARY SOURCES OF ISLAMIC LAW.

II. SECONDARY SOURCES OF ISLAMIC LAW.

5. PRIMARY SOURCES OF ISLAMIC LAW:

There are two primary sources of Islamic law.

I. QURAN.
II. SUNNAH

6. QURAN AS PRIMARY SOURCE OF ISLAMIC LAW:

The Quran is the first Primary source of Islamic law. The Quran is the Holy Book of
Almighty Allah. The Quran is the primary form of legislation in Islamic law. The
Quran is not a legal code in the modern sense. The Quran is the model illustration for
future legislation. The Quran is the complete code of life for all mankind in all walks
of life.

I. IMPORTANCE OF QURAN
 As the first primary source of Islamic law, the Quran has vital importance in the
Islamic legal system. It lays down a way of life that regulates the relationship of man
with man and his relationship with Allah. The Quran gives guidance to mankind in all
walks of life.

7. SUNNAH AS A SOURCE OF ISLAMIC LAW:

Sunnah is the second primary source of Islamic law. The practices, actions, and
sayings of the Holy Prophet (S.A.W) are considered Sunnah. Sunnah is an
explanation of the Holy Quran.

IMPORTANCE OF SUNNAH IN ISLAMIC LEGISLATION:.

Sunnah has great importance in Islamic legislation after the Holy Quran. The life of
Hazrat Muhammad (S.A.W) is the guideline for all legal systems in the world. Allah
Almighty has delegated the legislative powers to the Holy Prophet (S.A.W).

8. SECONDARY SOURCES OF ISLAMIC LAW:

There are some secondary sources of Islamic law that are very important for Islamic
legislation.
 IJMA
 QIYAS
 IJTHEHAD
 TAQLID
 ISTIDLAL
 ISTHEHSAN
 OPINIONS OF MUSLIM JURISTS

9. IJMA AS A SOURCE OF ISLAMIC LAW:

Ijma is another very important primary source of Islamic law after the Quran and
Sunnah. It is the agreement of jurists among the followers of Muhammad (S.A.W) at
a particular age on a particular question. It helps in the interpretation of laws
according to the changing needs of times in the light of the Quran and Sunnah.
BASIS OF IJMA.
i. Quran.
ii. Sunnah.
iii. Analogy.

10. QIYAS AS A SOURCE OF ISLAMIC LAW:

 Qiyas has great importance in Islamic legislation and it is a secondary source of
Islamic law. The function of Qiyas is to extend the law of the text to cases not falling
within the purview of its terms and not to establish a new rule of law. Qiyas is an
interpretation of the language of the text.

11. IJTIHAD AS SOURCE OF LAW:

ljthehad is a very important source of Islamic legislation. If a matter is not resolved

expressly in Quran and Sunnah and by way of lima the jurist must not leave the matter
unresolved rather he should strive hard to find out the solution in the light of the
Quran and Sunnah.

12. TAQLID AS A SOURCE OF ISLAMIC LAW:

Taqlid is a very important source of Islamic law. Taqlid is a different concept from
the Ijtihad. Taqlid means to follow the opinion of the learned.

13. ISTIDLAL AS A SOURCE OF ISLAMIC LAW:

Istidlal is a secondary source of Islamic law that has importance in law-making. It is

the name for a distinct method of juristic ratiocination, not falling within the scope of
interpretation or analogy.

14. ISTEHSAN AS A SOURCE OF ISLAMIC LAW:

Istehsan is a very important source of Islamic law. It is a secondary source of Islamic

law. Istehsan means preference of one over another considering the former good. The
principle of Istehsan provides an opportunity for Muslim jurists to interpret the law
according to the spirit and true intention of Islam.

15. OPINION OF MUSLIM JURISTS AS A SOURCE OF ISLAMIC LAW:

The opinions of different Muslim jurists about the Islam is also a very important
source of Islamic law.

16. FINAL REMARKS:

In the end, we may conclude that Islam is the complete code of life. Islam gives
guidance to mankind in all walks of life. Islamic law is the set of rules which are
derived from the Quran and Sunnah. Islamic law is the law of unity and prosperity.
Islamic jurisprudence or Islamic law is simple and also comprehensive and scientific.
Islamic law is derived from different sources which are classified as primary and
secondary sources of Islamic law.