Sources of Islamic Law
Islam has given the most comprehensive legal system to mankind. Islamic
law covers all aspects of life. Islam has its own personal, civil,
criminal, mercantile, evidence, constitutional and international law.
Islamic law has been defined as the body of rules of conduct revealed by
Allah (SWT) to His Prophet Muhammad (peace be upon him) whereby the
people are directed to lead their life in this world. Islamic law has,
therefore, not been given by any ruler. It is given by Allah. Islamic
law remains valid whether recognised by the State or not.
The basic source of Islamic law is Divine Revelation. This has been
given to mankind by the Prophet Muhammad (peace be upon him) in two
forms. One is the direct word of Allah (SWT), the Quran and the other is
the Sunnah or the teachings of the Prophet (Sm). The Prophet Sm) always
acted according to the instructions of Allah (SWT).
The Quran is the primary source containing all the fundamental
directives and instructions of Allah. Herein are to be found not only
directives relating individual conduct but also principles relating to
all the aspects of social and cultural life of human being.
The Quran is the last and complete edition of Divine Guidance and this
is the only book of Allah which has not been distorted.
The Quran is not only a book of law. The main purpose of Quran is to
awaken in man the higher consciousness of his relation with Allah and
the universe. However, in the Quran there are at least five hundred
verses which possess definite legal elements. The scholars of Islam have
developed a complete science of interpretation of the Quranic verses
which can be seen in any book of Islamic jurisprudence.
The Sunnah is the second source of Islamic law. Sunnah is an Arabic word
which means "Method". It was applied by the Prophet Muhammad (peace be
upon him) as a legal term to represent what he said, did and agreed to.
Its authority is derived from the text of the Quran. The Quran says,
"For you the life of the Prophet is a model of behaviour" (Al-Quran
33:21)
Many of books of traditions were compiled by the companions of the
Prophet Sm). These were later on incorporated in the great collections
of Hadith (i.e. traditions) of Bukhari, Muslim etc. The collectors of
the traditions adopted a very scientific system in collection the
Traditions. They did not record any tradition except with the chain of
narrators. Every tradition gives the names of the last narrator of the
tradition from whom he learnt the tradition and so on back to the
Prophet or Companion of the Prophet. The Sunnah which is established
through reliable narrators is fully dependable as legal element.
The Quran and Sunnah are complementary. The meaning of the Quran is
general in nature, the Sunnah makes it specific and particular. The
Sunnah explains the instructions of the Quran. The Quranic injunction is
sometimes implicit, the Sunnah makes it explicit by providing essential
ingredients and details.
The Quran and the Sunnah are the primary sources of Islamic law. Ijma
(that is consensus of opinion of scholars) are Qiyas (that is laws
derived through analogical deduction) are the secondary or dependent
sources of Islamic law or Shariah.
Ijma and Qiyas derive their value or authority from the Quran and the Sunnah. Therefore, they are called dependent sources.
Ijma or the consensus of scholars signifies the importance of delegated
legislation to the Muslim community. The Muslim society requires such a
rule making power to meet the practical problems for the implementation
of Islamic Shariah (Islamic Law). Ijma has been technically defined as
the consensus of the jurists of a certain period over a religious
matter. Ijma is considered a sufficient evidence for action because the
Prophet if Islam said, "Muslim will never agreee on a wrong matter." As
such the agreement of the scholars of Islam on any religious matter is a
source of law in Islam (Ref: Principles of Islamic Jurispredence by M.
Hashim Kamali).
Qiyas is the fourth important source of Islamic law. Qiyas means
analogy. Qiyas or analogy is resorted to in respect of problems about
which there is no specific provision in the Quran or the Sunnah of the
Prophet. In such issues, the scholars have derived law through
analogical deductionon the basis of the provisions of the Quran and the
Sunnah on some similar situation. The scholars have developed detailed
principles of analogical deductions or Qiyas in the books of Islamic
jurisprudence.
Qiyas is a kind of Ijtihad. The Prophet has permitted Ijtihad which
literally means 'to exert'. Technically it means to exert with a view to
form an independent judgement on a legal issue. Ijtihad is the Islamic
method of facing the new situations and problems in the light of the
general principles of the book of Allah SWT), the Quran and the
traditions of the Prophet or the Sunnah.
Apart from Qiyas, there are other methods of Ijtihad such as Istihsan
(that is the juristic preference from different interpretations) and
Masalaha (that is moral consideration).
In addition to the above sources, the practices of the
Khulafa-e-Rashidun (the first four rulers of Islam), the decisions of
the judges and the customs of the people are also considered sources of
Islamic law in matters which are not spelled out in the Quran and the Sunnah.