UNIVERSITY OF GHANA

DEPARTMENT FOR THE STUDY OF RELIGIONS

FIRST SEMESTER: 2024 ACADEMIC YEAR
SREL111: INTRODUCTION TO ISLAM
WEEK 11
LECTURER: Dr Haruna Zagoon-Sayeed
 04/26/2024

WEEK 11
THE SHARI’AH
LECTURER: DR HARUNA ZAGOON-SAYEED

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Learning Objectives:
By the end of the teaching session, students should be able to:
1. Understand the definition and meaning of shari’ah in Islam
2. Identify the sources of Shari’ah
3. Appreciate the essence of the Shari’ah as the ultimate law
governing the life of a Muslim.

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 Definition and Meaning of Shari’ah
 The word shari’ah literally means a clear path or a high way to be followed.
 In Islam, shari’ah embodies the rules and regulations that relate to how
humankind is to relate to Allah and fellow humans as well as the environment.
 It therefore caters for the spiritual, moral, ethical, intellectual, political, and socio-
economic wellbeing of a Muslim.
 It helps the Muslim to identify his or her purpose on earth which is to worship
Allah which is expressed as Ibadah (Q51:56).
 Ibadah is any kind of human behavior and actions be it mental or physical which
is done with consciousness of Allah.
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 The application of the shari’ah as the regulator of the life of a
Muslim was demonstrated in Madina when the Prophet
Muhammad (SAW) established the first Islamic state and
received revelations which came as laws to regulate the Muslim
community.
The social laws which came as revelations and those initiated by
the Prophet Muhammad (SAW) all became part of the Shari’ah.
Some of these laws were punitive in nature
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  Some of the punishments prescribed by Allah to regulate societal behavior
mentioned in the Qur’an include:
◦ Homicide (death)
◦ Theft (amputation of hands)
◦ Fornication (100 lashes)
◦ Adultery (stoning to death)

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However, these penal codes are prescribed as deterrent to
humankind from committing crimes in society.
Thus, countries such as Saudi Arabia, Iran etc. where the Shar’ah is
effectively practiced, the crime wave is very low.
Significantly, these penal codes are not arbitrarily applied.
It has to be enforced after careful investigations have been done.
 These penal codes can only be applied in an Islamic state.
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 Sources of the Shari’ah

Primary Sources:
◦The Qur’an
◦The Sunnah
 Secondary Source
◦Qiyas
◦Ijma
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 THE QUR’AN
 The word Qur’an is from the root word qara’a which means to read or recite.
Qur’an means recitation or reading, and as a scripture, it must be read.
 This was demonstrated when the first revelation commanded the Prophet to Read!
 The Qur’an is the word of Allah sent through angel Gibriel word for word to the
Prophet Muhammad over a period of 23 years
 Muslims generally believe that the Qur’an was preserved on a well protected
tablet called Lawhil-Mahfuz (Q85:22) which is in heaven and from there it was
revealed to the Prophet (SAW) as and when the need arose.
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The Qur’an was revealed and written in Arabic because the
Prophet (SAW) was an Arab and the Qur’an made reference
to this in (Q14:4).
It is made up of verses called ayah (plural: ayaat) which
means the sign of Allah presence in creation as a reminder to
humankind of the Mercies and Bounties of Allah
 A full chapter of the Qur’an is called surah (plural: suwar)
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 Structure of the Qur’an
 The Qur’an is made up of 114 suwar (Chapters)
 The shortest surah is Kauthar (Q108) with 3 verses or Aayat
 The longest surah is Baqarah (Q 2) with 286 verse or Aayat
 It is divided into Makkan and Madinan suwar
 The Makkan suwar are the revelations the Prophet (SAW) received before his migration to
Madina (Pre-Hijrah) whiles the Madinan suwar are the ones which came after the migration
of the Prophet (SAW) to Madina (post-Hijrah).
 The Makkan suwar are 92 and the Madinan suwar are 22.

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 ◦ The Qur’an is further divided into portions, sections and parts for easy
recitation
◦ It is divided into 7 portions called Manzil
◦ It is also divided into 30 sections called Juz’
◦ Then it is further divided into 60 parts known as Hizb
◦

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 Style and theme of the Makkan suwar

 Style
◦ They are short
◦ Poetic
◦ Emphatic
◦ Rhythmic
◦ Easy to remember

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  Themes
◦ Emphasis on the belief in Allah
◦ Centered on the fundamental doctrine of Tawhid( Oneness of God)
◦ Equality of humankind
◦ Day of Judgement
◦ Heaven and Hell
◦ Good moral conduct
◦ Reward and Punishment
◦ Full of warnings
◦ Narratives of previous Prophets
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 Madinan Suwar (Chapters)

Style
o They are long and prose-like.
 Themes
◦ Acts of worship
◦ Prayer
◦ Fasting
◦ hajj
◦ Warfare
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 ◦ Give details of moral principles
◦ Divorce
◦ Inheritance
◦ Marriage
◦ Peace

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 Other Names of the Qur’an

 As a revelation, the Qur’an refers to itself by other names which depict its purpose and nature.
 Some of these names are:
o Al-Kitab (The Book)
o Al-Hudah (The Guidance)
◦ Al-Furqan (the distinguisher)
◦ Al-Nur (the light)
◦ Ash-Shifa’ (the healer)
◦ Ad-Dhikr (the reminder)
◦ Al-Hikma (the wise)
◦ Al-Haqq (the truth)
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◦ It thus it has among others, legislations on:
◦ constitutional laws
◦ International law
◦ Jurisprudence
◦ Penal laws,
◦ Civil law
◦ Personal and Family laws
◦ Economic and Financial legislations

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 Sunnah as the second primary source of
the sharI’AH
WHAT IS SUNNAH?
◦ Sunnah denotes pathway, behavior, practices, manner of acting or
conduct of life.
◦ It also means normative practice or model of behavior or standard
practice

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 ◦ In Islamic law, Sunnah refers to the normative practice established by
the Prophet Muhammad (SAW) that is the model and exemplary
behavior of Muhammad (SAW)
◦ The Sunnah therefore refers to the sayings, deeds, acts, customs,
practices, conventions and silent approvals of Muhammad (SAW)

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 ◦ Also, the companions of the Prophet observed and noted what he did
and said and they emulated these in their daily lives
◦ Importantly, Qur’an 33:21 states that the Prophet exemplifies the best
conduct and so serves as the role model for all Muslims
◦ Thus, today, Sunnah is observed as the established practice of
Muslims which is said to have originated from the time of the Prophet

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 ◦ It is also the wish of every Muslim to live and conduct their lives in
conformity with the normative behavior of the Prophet
Composition of Sunnah
◦ Furthermore, Sunnah has two components
◦ We have the practical behavior of the Prophet

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 ◦ verbal sayings and these verbal sayings are technically referred to
as Hadith
◦ Hadith which signifies communication comes in varied forms such
as story, tales conversations or narration
◦ Accordingly, in Islamic law, Hadith represents the sayings or
narrations of the Prophet Muhammad

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 ◦ So, Sunnah as a source of shari‘ah consists of the Hadith and the
practical deeds, acts, customs and conversations of the Prophet
(SAW)
◦ These acts and sayings were all seen as inspirations from Allah and
Muslims are enjoined to take the Hadith seriously as stated in Q53:3-
4, Q3:30, Q33:36

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 What then is the difference between the Qur’an and the Sunnah?
◦ The Qur’an was revealed through angel Gibriel verbatim
◦ The Hadith was revealed without letters and words
The Qur’an and the Hadith are thus, essential for the guidance of a
Muslim
In consequence, Islam is incomplete without the Prophet
Muhammad (SAW)

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 ◦ Because he practically epitomized the will of Allah on earth
◦ And so, among his companions, some specialized in his deeds and
practices and others focused on his Hadith
◦ For example, Imam Malik ibn Anas was an authority in the practices
of Prophet Muhammad (SAW)
◦ Abu Hurayrah was an expert in the Hadith or sayings of the Prophet

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 ◦ He was a key figure among the Ashab-ul-Suffa, a group of
traditionalists who were always in the Prophet’s mosque who learnt at
first hand and preserved the traditions of the prophet (SAW)
◦ Also, the Sunnah complements the Qur’anic injunctions because the
Prophet (SAW) gave additional directives and regulations on religious
and social issues in Madina

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◦ These directives and regulations were not directly from Allah as such became
secondary to what is in the Qur’an.
◦ Hence, Sunnah evolved as a secondary source of the Shari’ah.
◦ It gave further explanations on the Qur’anic teachings about Salat, Zakat, Sawm,
and Hajj.
◦ It also deals with issues of peaceful co-existence and brotherhood in the society.
◦ How to relate to parents and the respect and obedience to authority.
◦ All these laws are preserved in the Hadith literature.

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 The best and famous Hadith literature with respect to the Sunnis is the SIHAHUS-
SITTA (the six sound collections)
 These sound collections are:
◦ Sahih of Imam Bukhari
◦ Sahih of Imam Muslim
◦ Sunan of Abu Dawud
◦ Sunan of Ibn Majah
◦ Sunan of al-Nisai
◦ Ja’mi of At-Tirmtdhi
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 Secondary sources of the Shari’ah
◦ As society evolved, the Muslim ummah faced new challenges which needed solution
hence the introduction of Qiyas and Ijma as secondary sources of the law
◦ The secondary sources evolved after the death of the Prophet (SAW) when Muslim were
confronted with new challenges particularly when Islam encountered other cultures.
◦ As a result, the Qur’an and Sunnah had to be supplemented to accommodate the new
challenges of the day.
◦ This called for reinterpretation and rethinking and the two methods usedto guide the
process are Qiyas and Ijma.

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Qiyas
◦ It means an analogical deduction from the Qur’an and the Sunnah
◦ It implies a systematic form of an individual Muslim cleric’s reasoning deduced from
the Qur’an and Sunnah.
◦ If these deductions do not contradict any part of the Qur’an and Sunnah, they become
law in Islam
◦ The most natural and simple form of reasoning is Ra’y
◦ It is a considered opinion of an individual Islamic scholar on an issue, which means it
is personal views on matters that have not been clearly stated in the Qur’an and Sunnah
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 ◦ Ra’y played a significant role before the process of Qiyas evolved after the
death of Prophet (SAW).
◦ This was because he was the embodiment of the Islamic law and with his
demise, Muslim scholars had to continue with the development of the
Islamic law.
◦ The Qur’an in several verses enjoin Muslims to reason and reflect and the
Prophet is known to have accepted the opinions of his companions in
matters which he was not directed by revelation
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 ◦ Thus, exercising personal opinion on legal matters is encouraged and
had helped to formulate new legislations for the development of the
Muslim ummah
◦ However, Qiyas does not become law applicable to a community or a
region unless it has moved to the next stage which is Ijma.

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 Ijma
◦ It is the consensus of Islamic scholars or the average general
opinion of a community or a region in relation to a new law
formulated
◦ It helps to check the stray and ineffective opinions held in a
given community
◦ It is as such, used to authenticate a new legal principle that
emerges as a result of Qiyas
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 ◦ Essentially, Ijma ensures a gradual unification of varied
views on a problem and to determine the authenticity of a
Qiyas.
◦ Qiyas and Ijma are therefore legal tools used to formulate
new legislation to deal with changing circumstances in the
society

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