Sources of Shariah

Outlines
Introduction to Sources of Shariah
01

02 Types of Sources of Shariah

03 Qura’an & Sunnah

04 Ijma’a, Qiyas & Ijtihaad

Meanings of Islam

Islam is a religion that provides a set of rules for life and

we therefore call it a 'code of life’ which means a code or
system that covers all aspects of life of a human being.
Meanings of Islam ISLAM

(‫)عقائد‬ ‫)عبادات‬
( ‫امالت‬
( ‫)مع‬ ‫)اخالقیات‬
(
Faiths & Beliefs Worshipping (Dealings) Moralities & Ethics

‫امالت‬
( ‫)مع اشرتیمع‬ ‫امالت‬
( ‫) س یاسیمع‬ ‫امالت‬
( ‫) مع‬ ‫امالت‬
( ‫)مع اشیمع‬
Social Activities Political Activities Judiciary Activities Economical Activities

Other Economic Banking and Financial

Activities Activities
Meanings of Shariah
1. Lexical meaning: Plain Way

2. Technical meaning:The Divine Law

Then We have put you (O prophet) on a plain way of (our) commandment.

So follow it and do not follow the desires of those who do not know. (45:18)
Sources of Shariah
Implications Rulings
(Dalail) (Ahkam)

Fardh
Primary Secondary
Previous Hukm-e-Wadh’i Wajib
Qur'an shara’i
Qaul-e- Sunnat
Sahabi
Sunnah
Istihsan Mustahab

Ijama’a Urf
Mubah

Qiyas Maslaha
Mursalah Makrooh
Sadd-e-
Zara’i Haram
Istis’hab
 Islamic Banking and Finance

Sources of Shariah
In this course we have to discuss

 The Holy Qur’an

 The Sunnah of the Holy Prophet (SAW)
 Ijma’ (consensus of the Ummah)
 Qiyas (Anology)
Sources of Shariah
 The Holy Qur’an
 Definition from al-Bazdawi:
 ‫ املنقول الینا عنہ‬،‫ ھو الکتاب املنزل علی رسول ہللا محمد ﷺ املکتوب فی املصاحف‬:‫القرٓان‬
‫نقال‬
‫متواترا بال شبھۃ۔‬
 Which means: The the Holy Quran is the book revealed to
the Messenger of ALLAH, Muhammad‫ ﷺ‬as written in the
masahif and transmitted to us from him through an
authentic continuous narration (tawatur) without doubt.
Sources of Shariah
 The Holy Qur’an
 Express Injunctions have no room for different interpretations

 Implied injunctions may be interpreted in different ways by

way of inference
Sources of Shariah
 Contents of the Holy Qur’an

 Beliefs

 Jurisprudence

 Incidents and Events

 Examples
 Islamic Banking and Finance

Sources of Shariah
 The Sunnah

 A word spoken or an act done or ratified by the Holy Prophet

(peace be upon him)

 It is a source of law because the Holy Quran itself has made

it obligatory for every believer that he obeys and follows the
Holy Prophet:
﴿)1 ‫وٴم ِنیْ َن ﴾(سورہٴ االنفال‬ ِ ‫َوا َ ِطیْ ُعوا اللّٰہ َو َر ُس ْول َُہ اِ ْن کُنْتُ ْم ُم‬
َ
  ﴿)80 ‫الر ُس ْو َل َف َق ْد ا َ َطا َع الل ّ ٰ َہ﴾ (سورہٴ النساء‬ َّ ‫َم ْن یُّ ِط ِع‬
‫ع ِنال َْہ ٰوی اِ ْن ُہ َو اِلَّا َو ْح ٌیی ُّ ْو ٰحی‬
َ ‫﴿و َما یَن ْ ِط ُق‬
َ ‫﴾سورہٴ النجم‬
 Islamic Banking and Finance

Sources of Shariah
 Ijma’a

 Ijma’ means consensus of the earliest scholars of the ummah

on a particular issue
 The Holy Prophet (SAW) has said:

)‫لن تجتمع امتی علی الضاللۃ (البخاری‬ 

 My Ummah shall never be combined on an error.
Sources of Shariah
 Qiyaas

 Literally, the word Qiyas means measuring or estimating one

thing in terms of another.
 Technically, it means to apply a recognized rule of Shariah
expressly mentioned in the Holy Quran and Sunnah to a
similar thing or situation by way of analogy.
 Ijtihad is the part of Qiyas (Analogy)
Sources of Shariah
 Ijtihad

 Literal meanings:
- To exert one’s utmost effort
 Technical Meaning:
- To exert utmost effort to discover a ruling of Shariah in a
particular matter
Sources of Shariah
 Ijtihad

When the Holy Prophet (SAW) intended to send his companion

Mu’adh, may Allah be pleased with him, to Yaman as a ruler and
as a judge, he asked him: How will you adjudicate a matter when
it will come to you?
He Said, “I shall decide on the basis of Allah’s Book (the Holy
Quran)”
Sources of Shariah
 Ijtihad

The Holy Prophet asked, “if you do not find it in Allah’s Book
(what will you do)?
He said: “ then, on the basis of the Sunnah of Allah’s Messenger”.
Sources of Shariah
 Ijtihad

“If you do not find it even in the Sunnah of Allah’s Messenger (what
will you do)? The Holy Prophet asked.
He replied: “I shall make ijtihad on the basis of my understanding
and will not spare any effort (to reach the truth).
On this the Holy Prophet (SAW) said, “ Praise be to Allah, who has
let the messenger of the messenger of Allah to do what pleases
Allah’s messenger”. (Abu Dawood, Hadith No3592)
Sources of Shariah
Misconception
• Ijtihad can be exercised even
against the explicit provisions
of the Holy Quran and
Sunnah.
• Ijtihad is to follow one’s own
opinion based on purely
rational assessment.
• Ijtihad is meant only provide
concessions and ease.
Correct Position
 Ijtihad may be exercised only
where no explicit provision is
found in the Quran or Sunnah
 Ijtihad is to discover the Divine
rule in the light of the principles
laid down by the Holy Quran &
Sunnah
 Ijtihad is an impartial way to
discover the Divine law,
irrespective of it leads to a
concession or to a strict ruling.
Sources of Shariah
 Requirement of Ijtihad
Extensive knowledge of :
– The Arabic language and literature
– The Holy Quran
– The back ground of the verses of the Holy Quran called” Asbab-
un-nuzool”
– Critical studies of the traditions relevant to the exegesis of the
Quran
– Sunnah
– Critical studies of “ahadith” and their authenticity
– Islamic jurisprudence (Fiqh)
Q&A