PRIMARY SOURCES OF ISLAMIC LAW

Sources of Islamic law

Islamic law
(Shariah)

Primary Secondary
Maslahah Mursalah (Public interest)
Quran Istihsãn (Juristic preference)
Sunnah `Urf (General customary practice)
Al-Ijma’(Consensus Istishab (Resumption of continuity)
Qiyas (Analogy)
 Compliance with the scheme of Shariah laws

• Islam imposes its ‘ahkam’(laws,norms) on its believers.

• These laws or value are not man-made; instead they are
derived from the sources of Shariah.
• Primary sources:
• a). Al-Quran
• b). Al-Hadith(Sunnah) -the traditions of prophet
Muhammad-peace be upon him
• c).Al Ijma’ ( consensus of opinion among jurists of Islamic
law)
• d)Al Qiyas ( analogical deduction)
 The Quran
Literal meaning
• The word Quran is derived from root qa ra ‘a - which means reading or
recitation.
Technical meaning
• The book containing the words of Allah revealed to the prophet Muhammad ,
peace be upon him (s.a.w) by the angel Jibril in Arabic and transmitted to us by
continuous testimony or tawatur.
• The Quran is mutawatir which means its authenticity is proven by universally
accepted testimony.
 The Quran (Cont..)

• Code of conduct of Muslims in all spheres of their life

• Provide the criteria to distinguish true from false, good from bad and the
halal (lawful) from haram (unlawful) in every aspect of life
• Quran does not provide detailed rulings on many issues
• Only selected issues are elaborated in details
 The Sunnah
• All scholars of Islam are in agreement that the Sunnah is the second textual
source after the Quran
• The word Sunnah literally means clear path
• Technically, the Sunnah refers to all that is narrated from the Prophet
Muhammad s.a.w, including his actions, sayings and whatever he has tacitly
approved
• The Sunnah play a very crucial role in explaining the brief verses in the holy
Quran.
• This is basically one of the duty and task of the prophet Muhammad s.a.w.
• The Sunnah in the explanation in expanding the Islamic rules from the
Quran and elaborate the unclear and provide details on the brief
commands in the Quran.
 The Sunnah (Cont…)
• The authority of the Sunnah is deduced from the Quran
• Surah Al-Hashr: verse 7:

• Surah An-Nisa’: verse 4:

 Ijma’
• The 3rd source of Islamic law
• The most important validation of various decisions within Islam for centuries
• A principle and evidence of Islamic law, a rational evidence and it is a binding
proof
• Definition of Ijma’ - a noun derived from the Arabic word Ajma'a referring to
consensus. Unanimous agreement upon something
• Technically, ijma’ is defined as the unanimous agreement of the mujtahidin
(independent jurist) of the Muslim community after the death of Prophet
Muhammad s.a.w on matters related to Islamic law (Shariah) such as belief,
moral or legal matters,.
 Ijma’ (Cont..)
The Authority of Ijma’
• The scholars of Islamic law have justified the utilization of ijma’ is based
on the authority of Quran, Sunnah and reason.
• Ijma’ is acceptance of a matter by a specified group of people.
• In traditional concept, it is only the ‘ulama’ who are capable of achieving
consensus.
• consensus of the scholars of the Muslim community as a whole can be
regarded as conclusive ijma’.
Requirement of Ijma’
1)Qualified scholars
2)All scholars must reach a consensus on a juridical opinion regardless
locality, race, colour and school affinity
3)The agreement of the scholars must be demonstrated by their expressed
opinion on a particular issue such as given a fatwa in verbal or writing
 Qiyas (Analogy)
• Literally, qiyas means “measuring or ascertaining the length, weight
or quality of something.”
• Technically, it means “the extension of Shariah value from the
original case, or asl, to a new case, because the latter has the same
effective cause (‘illah) as the former.
• Original case is ruled from the Quran or Sunnah & qiyas aims to
extend the same ruling to the new case based on the shared ‘illah
(causes).
• It does not create a new law. It just widens the application of the law.
• Qiyas is a legal reasoning that requires comparison between two
things.
Secondary Sources
 Istihsãn (Juristic Preference)
• Literally means “to approve or to deem something preferable, to
consider something as good”
• Technically, it is defined as a legal principle which authorizes departure
from an established precedent in favour of a different ruling for a
reason stronger than the one which is obtained in that precedent.
• Formulate a decision which sets aside an established analogical
reasoning – seek to uphold a higher value in Shariah
• Istihsãn means the preference of a stronger evidence over analogy.
 Istishab
• Literally means “companionship”
• Technically means rules of law and reason, whose existence or non-
existence as had been proven in the past are presumed to remain so
for lack of evidence to establish any change.
• The principle of Istishab is supported by the Quran and Sunnah:
Quran –
 Maslahah Mursalah (Public Interest)
• Maslahah literally means “benefit or interest”
• Al-Ghazali defined maslahah as the consideration which secures a benefit or
prevents harm but is at the same time, harmonious with the aim and
objectives of the Shariah
• Objectives of Shariah – religion, life, intellect, lineage and property
• Any measure that secures the objectives of Shariah is fall within the scope of
maslahah and anything which contravenes them is mafsadah (evil)
The Authority of Maslahah Mursalah

• Rahmatan – whatever offer that would benefit mankind, prevents harm is

considered harmonious with human need.
• Consideration of public interest will definitely lead to the benefit of mankind.
 ‘Urf (Customary Practice)
• Literally means “to know”
• Technically defined as the behavior of a group of people in their sayings and
doings.
• Also means as general opinion or custom in a community.
• A very important term in fiqh as many of the rulings (fatwas) issued by a
mujtahid on different issues are based on ‘Urf.
• ‘Urf is connected to accepted behaviour among members of a society.
• Or particular established way of behaving or doing things in a society or a
community.
• Urf is a matter on which a community of people agree in the course of their
daily life, and common usage.
• It is an action which is repeatedly performed by individuals and communities.
• When a community makes a habit of doing something, it becomes its
common usage.