Islamiyat O'Level Notes: Source of Islamic Law

Source of Islamic Law - History and Importance of Quran

1.Use of the Qur’an, Sunnah, Ijma and Qiyas in Legal Thinking:

QURAN:

Quran is the first source of Islamic law.
It is a primary source which is independent of all sources.
Quran in the divine, eternal and complete word of Allah which is a source of guidance for all Muslims.
It contains a divine code of conduct for all Muslims which contains teachings for Muslims on how to lead lives.

From the Quranic point of view, sovereignty belongs to Allah and therefore, the law formulated by Him in the form of the Quran is the fundamental law according to which He wants a Muslim to live both in his private and social life.
It provides for him the knowledge of right and wrong, of the difference between the straight path and that which leads him astray.
The Quranic law deals with beliefs, morality, worship, civil transactions, punishment for intentional injury to the human body, property and honor etcetera.
Quoted below, are several injunctions of the Quran which set as guidance for individuals:
“Come not nigh to the orphan’s property except to improve it”. This verse explicitly speaks on the importance of how to treat an orphan’s property.
In matters of inheritance, the Quran lays down regulations for a just distribution of wealth left behind a deceased person.
Theft is prohibited and punishment is laid down. Drinking wine, games of chance and charging interest are prohibited without a penalty being fixed.
There are laws concerning false accusations, blood money and retaliation: “we ordained therein for them; life for life, eye for eye, nose for nose, ear for ear, tooth for tooth and wounds equal foe equal…”
The Quranic law is perpetual and everlasting.
It does not change with the passage of time.
It is complete and final because no aspect of human life has been left without guidance and nothing more is needed to supplement all that is provided by it.

Sunnah:

Sunnah of the prophet is the 2^nd source of Islamic law.
It comes right next to Quran. Sunnah literally means the sayings, actions or silent approvals of the Prophet.
Sunnah of the Prophet is not only an elaboration of the meaning of Quran, but also addresses issues upon which Quran is silent.
Therefore, Sunnah describes a verse of the Quran.
\Whereas, in the second position, if there is no mention of the commandments in Quran, Sunnah will stand on its own force as the sole basis for law.
As the Muslim community grew, need was felt to supplement the Quran with Sunnah.
Public law, criminal law, property and family law all were elaborated with the help of Sunnah.
The Quran itself mentions the need to resort to Sunnah in particular methods by saying: “we have sent the admonition to you (O Muhammad), so that you should make plain and explain to the people the teachings of the book which has been sent for them”.
Mentioned below are a few examples to explain how the Sunnah is used as a source of Islamic law.
The Quran says: “establish regular prayer”.
However, it does not mention the exact method of praying. This void was filled by the Prophet who taught his companions how to pray and even said “pray as you see me praying”.
Zakat has been made compulsory in the Quran by saying:“be steadfast in prayers and give charity”. However, it is Sunnah which defines the exact limits of zakat. “no charity tax is due on property mounting to less than 5 uqiya, and no charity tax is due on fewer than 5 camels and no charity tax is due on less than 5 wasq.

IJMA:

Ijma is the third and secondary source of Islamic law. Its literal meaning is unanimous agreement. Ijma, is basically a consensus of legal experts over a question regarding Islamic law on which the Quran and Sunnah are silent

However, it must be noted that to perform Ijma, the legal experts must have complete knowledge of Quran and Sunnah because Ijma of modern experts cannot go against the teachings of Quran and Sunnah. The scholars should also have in depth knowledge of the previously performed Ijmas and also of the new problem under consideration.

// Now, I can understand that some of you must be wondering that since the primary sources of Islamic law are perfect, why need of Ijma. In this regard it is important to understand that though the Quran and Sunnah are undoubtedly flawless, however there is no harm at all in extending those very teachings to apply them to problems which the Muslim Ummah faces today. And this, by no means implies defying or contradicting Quran and Sunnah. //

In fact the Quran itself approve of the Ijma at several instances.
It says: “O you who believe, obey Allah, and Obey His messenger and those charged with duty amongst you”

Here those charged with duty refers to Islamic scholars, thus proving that their consensus is a valuable source of Islamic law.

To further clear your understanding, let me quote some examples of previously performed Ijmas:

● During Hazrat Umar’s Caliphate, it was felt that the Muslims had difficulty gathering for the Friday prayer on just one azaan and so it was decided by the experts to have 2 calls for prayer on Fridays.

● The Tarawwih prayer is prayed throughout Ramadan after Isha in which the whole Quran is recited. This was the Ijma of the companions of the Prophet during the time of Hazrat Umar’s Caliphate, to perform 20 rakats of this prayer and this is practiced even today.

QIYAS:

Qiyas is actually a legal method of deducing one principle from another by comparing them together. However, please bear in mind that Qiyas can

only be performed of both the Quran and Sunnah are silent on a particular issue and even no Ijma has been performed. Therefore, the purpose of

Qiyas is primarily to facilitate Muslims to fashion their lives according to Islam in the modern world. Like Ijma, Qiyas too, finds its approval in the primary sources of Islamic law.

The Quran says: “marry women of your choice, two or three of four; but if you fear you shall not be able to do justice then only one”

Here the second clause (but if you fear…) allows for humans to apply their own reasoning and chose for what suits them best, but within the limits defined by Quran. In fact, this is in essence, the true meaning of Qiyas.

Similarly, the Sunnah also approves of the Qiyas in the following incident:

When the Holy Prophet sent Muadh Ibn Jabal as governor of Yemen, he asked him: “How will you reach a judgment when a question arises?” Muadh replied: “according to the word of Allah.” “And if you find nothing therein?” He then replied: “Then according to Sunnah of the messenger of Allah.” The Prophet again questioned: “And if you find nothing therein?” On this, Muadh said: “Then I shall take the decision according to my opinion” The Prophet was extremely pleased at his response and remarked: “Praise be to Allah who has led his messenger to a solution that pleases him”

This anecdote illustrates that the Prophet appreciated the use of one’s analogical deduction – Qiyas – to deliberate on issues not explained in the Primary sources of Islamic Law.

Qiyas can be divided into 4 portions: