ISLAMIC

2. Sharia/‫الشریعہ‬
 Sharia, literally, means "the way/path”.
 In term it means “ The Divine Law/the rules/ways set
by Islam through its sources, which guide Muslims
how to lead their daily life..
 Muslims believe that Allah alone deserves to formulate
law, as He has absolutely perfect knowledge.
 These laws of Allah are found in the holy Quran,
Sunnah of the Holy Prophet, Ijma and Qiyas.
 These are the four basic sources of Islamic laws. In
which the Quran and Sunnah are the primary sources
while Ijma and the Qiyas are the secondary sources.

3. Categories of Sharia Laws
 Shariah laws are comprehensive and cover all
human actions.
 The Sharia regulates all human actions and puts
them into five categories:
1. obligatory (Farz),
2. recommended (Mandub),
3. permitted or optional (Mubah),
4. reprehended but not subject to
punishment/disliked (Makruh)
5. absolutely forbidden and subject to punishment
(Haram).

4. Sources of Sharia/Islamic legal
thinking.
 Primary sources(Wahi / Revelation)
 Quran
 Hadith
 Secondary sources
 Ijmaa
 Qiyas (Ijtihad)

5. Wahi/Revelation, Forms and Types
 Lexically, ‫الكالم‬
‫الخفي‬ i.e. Wahi means swift and secret
instruction and communication.
 In Islamic belief, ‫األنبياء‬ ‫إلى‬ ‫الوارد‬ ‫هللا‬ ‫من‬ ‫الصادر‬ ‫التعليم‬
i.e. Wahi is Allah's secrete word/message delivered to
His chosen individuals – known as Messengers/
prophets, for the guidance of mankind.

6. Forms/methods of Wahi:
"
َ‫و‬ ‫ن‬ِ‫م‬ ْ‫و‬َ‫أ‬ ‫ا‬ً‫ی‬ْ‫ح‬َ‫و‬ َّ
‫َّل‬ِ‫إ‬ ُ‫ه‬‫ـ‬َّ‫ل‬‫ال‬ ُ‫ه‬َ‫م‬ِِّ‫ل‬َ‫ك‬ُ‫ی‬ ‫ن‬َ‫أ‬ ٍ
‫َر‬‫ش‬َ‫ب‬ِ‫ل‬ َ‫َان‬‫ك‬ ‫ا‬َ‫م‬َ‫و‬
‫و‬ُ‫ی‬َ‫ف‬ ً
‫وَّل‬ُ‫س‬َ‫ر‬ َ‫ل‬ِ‫س‬ْ‫ر‬ُ‫ی‬ ْ‫و‬َ‫أ‬ ٍ‫ب‬‫ا‬َ‫ج‬ ِ‫ح‬ ِ‫اء‬َ‫ر‬
ِ‫ه‬ِ‫ن‬ْ‫ذ‬ِ‫إ‬ِ‫ب‬ َ‫ي‬ ِ‫ح‬
‫ا‬َ‫م‬
‫یم‬ِ‫ك‬َ‫ح‬ ٌّ‫ي‬ِ‫ل‬َ‫ع‬ ُ‫ه‬َّ‫ن‬ِ‫إ‬ ُ‫ء‬‫َا‬‫ش‬َ‫ی‬
"
 It is not given to man that God should speak to him except by
suggestion or indirectly, or send a messenger to convey by His
command whatsoever He please. He is all-high and all-wise. [Ash-
Shura:51]
Three ways of Wahi:
1. Through Revelation, either through a dream or inspiration.
2. From behind a veil, like how Allah spoke to Musa (peace be
upon Him).
3. by sending a messenger, either Jibreel (peace be upon Him)
or another angel.
Types:
 Wahee-e-Matlu:( recited/Quran)
 Wahee-e-Ghair Matlu: (non-recited/Hadith)
Hadith-e-Qudsi: the Hadith, said by the Prophet but attributed to Allah.
Ilham(‫)الہام‬ Wajdan, and Idraak: Allah’s secrete information to non-
prophet.

7. Quran (The Fundamental/primary source)
 Introduction:
‫ش‬ ‫بال‬ ‫متوترا‬ ‫نقال‬ ‫المنقول‬ ،‫المصاحف‬ ‫فی‬ ‫المکتوب‬ ،‫الرسول‬ ‫علی‬ ‫المنزل‬ ،‫ہللا‬ ‫کالم‬
‫بھۃ۔‬
The Quran is a Book of Allah, revealed to Prophet
Muhammad, written down in Verses, narrated from
generation to generation and free from any doubt.
 The Holy Quran is the word of Allah revealed in 23 years.
 It is a source of guidance.
 Complete code of life.
 Comprehensive , universal and protected divine instructions
 Fountainhead of all knowledge.
 Tells the past and even the future
 Civilized the people.

8. Leads to a peaceful life.
In short it deals with all the aspects of life i.e.,
economic, political, religious, social, legal, and moral.
Primary source of Islamic laws.
It approves the other three sources of the Shariah law.
Makki Surahs (86) deal with belief and morals
Madni Surahs(28) deal with rules and regulations.
Quranic law is a “Nass” . A statement that is fixed or
explicit upon which a ruling is based.
Commandments of the Quran are called “Awamir”
Things that are forbidden are called “Nawahi”

9. Quranic commandments:
These are categorized into different groups:
Worship: such as prayer, Zakat, fasting and
pilgrimage.
Private law: it includes marriage, divorce, offspring,
linage and fatherhood etc
Public law: it includes sale, purchase, mortgage,
contracts, giving verdict, evidence, promise,
slandering, adultery, theft, murdering
System of government, the relations of the ruler and
masses, the constitutional laws, the financial affairs of
a Muslim state and the limits of its relation with other
States.

10. Significance of the Quranic Laws:
 They are perfect, comprehensive and complete.
 They are unchangeable and everlasting for all times.
 They are for all of mankind and their application is
universal, not restricted to a particular age, group or
society.
 They are humanistic in nature, free from undue burden
and easy to be performed.
 Thus the holy Quran is the final authority for the
Muslims.
 Muslims are bound to practice Quranic Laws. Allah says in
Quran:
"And if they do not judge according to what Allah has revealed, they are
the disbelievers. " (Al-maidah 44)

11. Use of Quran as a Source of Sharia/legal thinking
1. “Offer Prayer and give Zakat”.(2:43)
2. “Fasting has been made obligatory on to you as it was
made obligatory on those who were before you”.(2:183)
3. “Allah has permitted trade and forbidden Riba(interest)”.
(2:275)
4. “Give full measure when you measure and weigh with a
balance that is straight”. (17:35)
5. “The woman and man guilty of adultery , flog each of
them with hundred stripes”. (24:2)
6. “O you who have believed, do not consume one another’s
wealth unjustly”. (4:29)
7. “O believers! Wine and game of chance and idols and
divining arrows are only an infamy of Satan’s
handiwork. Leave it aside in order that you may
succeed.” (5 : 90)

12. ‫هللا‬ ‫جزاک‬
Thanks

13. Sunnah/Hadith as the source of
guidance/ Islamic legal thinking.
Introduction:
Sunnah literally means the way/path
In the term of Shariah law Sunnah signifies all
sayings, actions and silent approval of the Prophet.
The word Hadith is also used in the same
meaning, though it refers only to the sayings of the
holy prophet.

14. Quran affirms Sunnah as the source of Shariah laws:
 Sunnah is the second source of Islamic Law; next to the
Quran.
 The Quran itself affirms Sunnah as the source of Shariah.
 Quran says:
 “ He does not speak of (his own) desire. It is save a
revelation sent down to him.” (53:3-4).
 “We have revealed unto you the Remembrance (Quran) that
you may explain to mankind which has been revealed to
them.”(16:44)
 “O believers! Obey Allah and obey the messenger and those
of you who are in authority.” (4:59)
 “Whosoever obeys the messenger, obeys Allah.”(4:80)
 All these verses indicate that Sunnah is a source of the
Shariah law.

15. Four types of laws drawn by Hadith:
The laws which are similar to those of the holy
Quran. These laws approve the laws of the holy Quran
such as the obedience of the parents, false evidence, and
the murdering of a person etc.
The laws which limit the general commandment of
the holy Quran, for instance Allah permits trading in
these words “Allah permits trading…” (2:228), but the
holy prophet particularized it by prohibiting some kinds of
trading, for example the holy prophet forbade from the
trading of the thing which is absent.

16. Examples of the Ahadith in working out
Islamic Law:
The Quran repeatedly asks us: “Establish regular
prayer."
However, method of offering prayer is not mentioned.
Prophet has explained it .
"Look at me, see how I worship and follow me."
In the same way we find details of fasting and
pilgrimage only from the Sunnah.

17. The laws which further explain the
commandments of the holy Quran Such as rate of
Zakat, method of Haj, method of performing
prayer and some other similar commandments.
The laws which are not found in the holy Quran.
The holy Prophet himself gave these laws, as he
has the authority to make laws. In this regard
Sunnah is like the Quran.
Thus it is clear that Sunnah is the second authentic
source of Shariah laws.

18. Secondary sources
 Ijmaa
 Qiyas

19. Ijma (Consensus)
Introduction:
The word Ijmah means consensus of opinion or the
unity in opinion.
In the term of Shariah, Ijmah means consensus of all
jurists on any Shariah issue.
Ijmah is the third source of Shariah law.
It will be effective when the Quran and Sunnah are
silent on any Shariah issue.
When Ijmah, is established it is an authority for the
Muslims to be followed.

20. Arguments that approve Ijmaa as a source of
Sharia:
Allah says, “And whoso opposes the messenger after the
Guidance has been manifested unto him, and follows other
than the believer’s way, we appoint for him that unto which
he himself has turned, and expose him unto hell a hapless
journey’s end!”(4:115)
Quran says:” And hold fast all together the rope of Allah
and do not divide yourselves (1:103). This verse also supports
Ijmaa.
Prophet says “My nation will not unite in error.” This
Hadis clearly tells that the agreement (Ijmaa) of the Muslim
Ummah will be free of mistakes and error.

21. Conditions for Ijmaa:
Only Muslim jurists and Mujtahid can take part in the
process of Ijmah.
The Ijmah is only valid on the common Shariah issues.
The jurists who participate in Ijmah must be true
believers and pious.
Ijmaa is not formulated on the desires and wishes of
the people.
Ijmah must be established after the demise of the holy
prophet.

22. Example of Ijmaa:
Appointment of Abu Bakr rz as caliph after the demise
of Prophet.
80 lashes for the punishment of drinker.
The compilation of Quran during the caliphate of Abu
Bakr rz.
20 Rakkats of Taraweeh during Umar’s caliphat.
Second Azan for Friday prayer during Usman’s
caliphate.
These are also the examples of Ijmaa of companions.

23. Types of Ijmaa:
Ijmaa of companions: The most authentic Ijmaa that cannot
be challenged, is valid for all times to come.
Ijmaa of the Imams: The Ijmaa of four Imams, Abu Hanifa,
Imam Shafa'I, Imam Malik and Imam Ahmad bin Hambal , has highest
regard, but is subject to change over time, like the waiting period for
the missing person.
Ijmaa of the Scholars: Their Ijmaa is valid but not binding on
all Muslims. Permission to contract a marriage ceremony via telephone
and prayer timings for those living in the North and South Poles.
Ijmaa of the Local community (Mashwara) : this
Ijmaa is valid ,but not binding on all Muslims. Like fixing of timings of
the congregational prayer.

24. Qiyas (Analogical Deduction)
Introduction:
 The literal meaning of Qiyas is to measure one thing with
another.
 In the terms of Shariah, Qiyas means applying the original
law of the holy Quran or the Sunnah to the new Shariah
issue on the basis of common reason.
 Qiyas is valid when Quran, Hadith and Ijmaa are silent.
 Qiyas is the fourth source of legal thinking.
 four components of Qiyas; 1. The text of Quran or Sunnah
containing law (Asl) 2.The particular new case/matter
(Far’) 3. Illah (effective cause, reason). 4. Final judgment
(Hukm).

25. Arguments that approve Qiyas as a source of Sharia:
 The Quran asks to utilize our insight in order to learn
lessons: “So learn a lesson, O you who have eyes!”
(59:2).
 The holy prophet sent Muaaz Bin Jabal to Yemen as
governor and asked him how will you judge the matter;
he replied, “according to the holy Quran”.
The Prophet asked if you find nothing in the Quran.
he replied, “according to the Sunnah”.
The holy asked if you failed to find there.
He replied, “he would exert his own decision”
 The prophet approved it and prayed for Muaaz.
 So Qiyas is valid and is one of the forms of Ijtehad.

26. Examples of Qiyas:
 Allah prohibited drinking wine, “O believers! Wine and
game of chance and idols and divining arrows are only
an infamy of Satan’s handiwork. Leave it aside in
order that you may succeed.” (5 : 90)
 The reason for the prohibition is intoxication.
 The same reason is found in other drinks, such as bear,
brandy and alcohol etc. Therefore, applying Qiyas these
drinks will also be prohibited.

27. Conditions for Qiyas:
The law, on which Qiyas is done, must be found in
Quran or Sunnah.
The reason of the law should be clear, easily
understandable.
The jurists can easily detect it.
Qiyas will not be valid when the reason is limited or
confined.
Qiyas must not be against Quran and Sunnah.