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Introduction: 
Fiqh or Islamic jurisprudence is the source of a range of laws in 
different topics that govern the lives of the Muslims in all facets of 
everyday life. The word “Fiqh” is an Arabic term meaning “deep 
understanding” or “ full comprehension”. 
Sources of Islamic Jurisprudence: 
Fiqh is an expansion of Shariah or Islamic law based on five 
sources which are classified into primary and secondary: 
Primary sources: 
 The Quran 
 Sunnah 
Secondary sources: 
 Ijma(Consensus of opinion) 
 Qiyas 
 Ijtihad
Introduction: 
The primary source of Islamic law is Holy Quran . The Quran 
contains a set of moral and judicial injunctions which are the basis 
of Islamic law and concern life of human beings in every detail. 
The Quran as a source L aw 
The early revelations revealed in Makkah deal largely with beliefs 
and morals. It was later, after the Prophet’s (PBUH) migration to 
Madinah when Muslims lived in an organised society that the 
principles regarding crime, succession and international law were 
revealed. The basic law in Quran is mainly contained in a simple 
sentence on which whole structure of law can be built. 
Example: 
Give full measure when you measure and weigh with a 
balance that is straight . 
(17:35) 
Importance of Quran as source of law: 
The Quranic law is everlasting , perpetual, and universal.
Introduction: 
Sunnah is the actual embodiment of the will of Allah shown in the 
actions of His Messenger(PBUH). Hadith means all sayings, deeds 
,his silent approval of behavior of his companions and description 
of his personality. 
Sunnah and Hadith as Source of Law 
The Holy Quran being the word of Allah treats, major issues and 
often deals with subjects in brief terms, leaving details to be 
explained by Holy Prophet. In the words of Quran, 
“and We have sent down unto Thee The Message that thou 
mayest explain clearly to men what is sent for them-”(16:44) 
Example: 
In the Quran we are commanded to pay zakat by all Muslims. But 
the percentage and exact amount is unspecified. All these details 
were learnt by the Prophet’s deeds or words. The clarification of 
the Quran was provided by the Holy Prophet(PBUH) who himself 
participated in Shariah formation.
“No sadaqa (zakat) is payable on less than five wasqs( of 
grain or dates) or less than five camel heads and on less than 
five uqiyas (of silver).” (Muslim) 
The Six Books of Reliable Hadith 
The six books of hadith compiled by the four great imams are 
usually consulted to formulate laws in Islam. They are, 
 Sahih Bukhari compiled by, Imam Muhammad ibn Ismail-al- 
Bukhari (194—256) A.H. 
 Sahih Muslim compiled by, Imam Muslim ibn Hajjaj (202— 
261) A.H. 
 Al Jami compiled by , Al-Tirmizi (210—279 A.H.) 
 Kitab al Sunnah compiled by, Al-Nasai (215—303 A.H.) 
 Al Sunan compiled by, Abu Dawud (205—275 A.H.) 
 Kitab al Sunnah compiled by, Ibn Majah.
Introduction: 
Ijma means agreeing upon or uniting in opinion. It means the 
consensus of Islamic community on some point of law. It can 
operate only where Quran and Hadith have not clarified a certain 
aspect of law. 
Ijma as a Source of Law 
The Holy Prophet(PBUH) said, 
“Whatever the Muslims hold to be good before Allah. It is 
incumbent upon you to follow the most numerous body. 
Whoever seperates himself from the main body will go to 
hell. If you yourselves do not know then question those who 
do.” 
Types of Ijma: 
1) Ijma or consensus of the companions of the Holy 
Prophet(PBUH) which is also universally accepted and 
binding.
2. Ijma of jurists. 
3. Ijma of the people, the general body of the Muslim community. 
Among the Sunni jurists there is diversity on who is eligible to 
participate in Ijma, as shown in table. 
School of jurisprudence Formation of ijma' Rationale 
Hanafi through public agreement of Islamic jurists the jurists are experts on legal matters 
Shafi'i 
through agreement of the entire 
community and public at large 
the people cannot agree on anything erroneous 
Maliki 
through agreement amongst the 
residents of Medina, the first Islamic 
capital 
Islamic tradition says "Medina expels bad people like 
the furnace expels impurities from iron" 
Hanbali 
through agreement and practice of 
Muhammad's Companions 
they were the most knowledgeable on religious matters 
and rightly guided 
Usuli 
only the consensus of the ulama of the 
same period as the Prophet or Shia 
Imams is binding. 
consensus is not genuinely binding in its own right, 
rather it is binding in as much as it is a means of 
discovering the Sunnah.
Introduction: 
Qiyas or analogical deduction is the fourth source of Shariah for 
Sunni jurisprudence. Qiyas is the process of legal deduction 
according which the jurists , confronted with an unprecedented 
case , bases his or her argument on logic used in Quran and 
Sunnah. Qiyas must not be based on arbitrary judgment, but 
rather be firmly rooted in primary sources. 
Qiyas as a Source of Law 
According to a Hadith, 
“Where there is no revealed injunction, I will judge amongst 
you according to reason.” 
The general principle behind the process of Qiyas is based on 
understanding that every legal injunction guarantees a beneficial 
and welfare objective. Thus if the cause of an injunction can be 
deduced from the primary sources, than analogical deduction can 
be applied to cases with similar causes.
Example: 
Wine is prohibited in Islam because of its intoxicating effects. 
Therefore , qiyas leads to the conclusion that all intoxicants are 
forbidden.
Introduction: 
Ijtihad is the making of a decision in Islamic law by personal effort, 
independantly of any school of jurisprudence, following the decisions of 
religious expert without necessarily examining the scriptural basis or 
reasoning for that decision. 
Qualification of Mujtahid: 
A mujtahid is an Islamic scholar who is competent enough to interpret 
shariah by ijtihad. He should fulfill the following conditions to be a 
mujtihad, 
• Upright character whose judgment people can trust. 
• Knowledge of the Quran. 
• Knowledge of Hadith. 
• Knowledge of Arab linguistics 
• Knowledge of Qiyas. In this case, the above mentioned ruling (which is 
derived from the Quran and Sunnah) should not be apparent in the 
Quran and Sunnah or Ijma’.

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Sources of Islamic law

  • 1.
  • 2. Introduction: Fiqh or Islamic jurisprudence is the source of a range of laws in different topics that govern the lives of the Muslims in all facets of everyday life. The word “Fiqh” is an Arabic term meaning “deep understanding” or “ full comprehension”. Sources of Islamic Jurisprudence: Fiqh is an expansion of Shariah or Islamic law based on five sources which are classified into primary and secondary: Primary sources:  The Quran  Sunnah Secondary sources:  Ijma(Consensus of opinion)  Qiyas  Ijtihad
  • 3.
  • 4. Introduction: The primary source of Islamic law is Holy Quran . The Quran contains a set of moral and judicial injunctions which are the basis of Islamic law and concern life of human beings in every detail. The Quran as a source L aw The early revelations revealed in Makkah deal largely with beliefs and morals. It was later, after the Prophet’s (PBUH) migration to Madinah when Muslims lived in an organised society that the principles regarding crime, succession and international law were revealed. The basic law in Quran is mainly contained in a simple sentence on which whole structure of law can be built. Example: Give full measure when you measure and weigh with a balance that is straight . (17:35) Importance of Quran as source of law: The Quranic law is everlasting , perpetual, and universal.
  • 5.
  • 6. Introduction: Sunnah is the actual embodiment of the will of Allah shown in the actions of His Messenger(PBUH). Hadith means all sayings, deeds ,his silent approval of behavior of his companions and description of his personality. Sunnah and Hadith as Source of Law The Holy Quran being the word of Allah treats, major issues and often deals with subjects in brief terms, leaving details to be explained by Holy Prophet. In the words of Quran, “and We have sent down unto Thee The Message that thou mayest explain clearly to men what is sent for them-”(16:44) Example: In the Quran we are commanded to pay zakat by all Muslims. But the percentage and exact amount is unspecified. All these details were learnt by the Prophet’s deeds or words. The clarification of the Quran was provided by the Holy Prophet(PBUH) who himself participated in Shariah formation.
  • 7. “No sadaqa (zakat) is payable on less than five wasqs( of grain or dates) or less than five camel heads and on less than five uqiyas (of silver).” (Muslim) The Six Books of Reliable Hadith The six books of hadith compiled by the four great imams are usually consulted to formulate laws in Islam. They are,  Sahih Bukhari compiled by, Imam Muhammad ibn Ismail-al- Bukhari (194—256) A.H.  Sahih Muslim compiled by, Imam Muslim ibn Hajjaj (202— 261) A.H.  Al Jami compiled by , Al-Tirmizi (210—279 A.H.)  Kitab al Sunnah compiled by, Al-Nasai (215—303 A.H.)  Al Sunan compiled by, Abu Dawud (205—275 A.H.)  Kitab al Sunnah compiled by, Ibn Majah.
  • 8.
  • 9. Introduction: Ijma means agreeing upon or uniting in opinion. It means the consensus of Islamic community on some point of law. It can operate only where Quran and Hadith have not clarified a certain aspect of law. Ijma as a Source of Law The Holy Prophet(PBUH) said, “Whatever the Muslims hold to be good before Allah. It is incumbent upon you to follow the most numerous body. Whoever seperates himself from the main body will go to hell. If you yourselves do not know then question those who do.” Types of Ijma: 1) Ijma or consensus of the companions of the Holy Prophet(PBUH) which is also universally accepted and binding.
  • 10. 2. Ijma of jurists. 3. Ijma of the people, the general body of the Muslim community. Among the Sunni jurists there is diversity on who is eligible to participate in Ijma, as shown in table. School of jurisprudence Formation of ijma' Rationale Hanafi through public agreement of Islamic jurists the jurists are experts on legal matters Shafi'i through agreement of the entire community and public at large the people cannot agree on anything erroneous Maliki through agreement amongst the residents of Medina, the first Islamic capital Islamic tradition says "Medina expels bad people like the furnace expels impurities from iron" Hanbali through agreement and practice of Muhammad's Companions they were the most knowledgeable on religious matters and rightly guided Usuli only the consensus of the ulama of the same period as the Prophet or Shia Imams is binding. consensus is not genuinely binding in its own right, rather it is binding in as much as it is a means of discovering the Sunnah.
  • 11.
  • 12. Introduction: Qiyas or analogical deduction is the fourth source of Shariah for Sunni jurisprudence. Qiyas is the process of legal deduction according which the jurists , confronted with an unprecedented case , bases his or her argument on logic used in Quran and Sunnah. Qiyas must not be based on arbitrary judgment, but rather be firmly rooted in primary sources. Qiyas as a Source of Law According to a Hadith, “Where there is no revealed injunction, I will judge amongst you according to reason.” The general principle behind the process of Qiyas is based on understanding that every legal injunction guarantees a beneficial and welfare objective. Thus if the cause of an injunction can be deduced from the primary sources, than analogical deduction can be applied to cases with similar causes.
  • 13. Example: Wine is prohibited in Islam because of its intoxicating effects. Therefore , qiyas leads to the conclusion that all intoxicants are forbidden.
  • 14.
  • 15. Introduction: Ijtihad is the making of a decision in Islamic law by personal effort, independantly of any school of jurisprudence, following the decisions of religious expert without necessarily examining the scriptural basis or reasoning for that decision. Qualification of Mujtahid: A mujtahid is an Islamic scholar who is competent enough to interpret shariah by ijtihad. He should fulfill the following conditions to be a mujtihad, • Upright character whose judgment people can trust. • Knowledge of the Quran. • Knowledge of Hadith. • Knowledge of Arab linguistics • Knowledge of Qiyas. In this case, the above mentioned ruling (which is derived from the Quran and Sunnah) should not be apparent in the Quran and Sunnah or Ijma’.