Introduction: “Islamic law is a code of basic principles.” Which determines the relationship between man and God. For a peaceful individual, the social life of people law is essential. Islam is a Holy religion that guides us completely on every step of life. There is a law for every aspect of life. C. Islamic Jurisprudence: The word “ FIQAH” is an Arabic term meaning “DEEP UNDERSTANDING” and” FULL COMPREHENSION”.Fiqah or Islamic jurisprudence is the source of a range of laws in different topics that govern the lives of Muslims in all aspects of everyday life. Adopting specific sources to derive laws is a major subject in Usul al Fiqah. The “QURAN “, “SUNNAH”, “IJMA”, SAHABAH”, (consensus of the companion), and “QIYAS” are the four sources in Islamic that are accepted by almost all of the scholars. Types of Sources In Islam there are 2 types of sources of lawmaking: F. Primary Sources: Primary sources include the following points: 1. The Holy Qur’an: The Holy Qur’an is the scripture of Islam, believed by Muslims to be the direct and unaltered word of Allah. It is the first and the most authentic source of knowledge about Allah’s Book i.e. the Holy Qur’an. Hadith (Sunnah): Sunnah linguistically means a path or away. Sunnah refers to all that is narrated from the Holy Prophet (S.A.W) which includes: 1) His Acts 2) His sayings. 3) Whatever he has approved The Six Book of Reliable Hadith: 1. Sahih Bukhari 2. Sahih Muslim 3. Sunan al- Dawood 4. Sunan al-Tirmidhi 5. Sunan al-Nasa'i. 6. Sunan ibn Majah.

1. 1
“Primary and Secondary Sources of Islamic Jurisprudence”

2. 2
A. Title: .....................................................................................................................................................4
B. Introduction: .......................................................................................................................................4
C. Islamic Jurisprudence: .......................................................................................................................4
D. Types of Sources: ...............................................................................................................................4
E. Sources of Law Making in Islam:......................................................................................................5
F. Primary Sources: ................................................................................................................................5
Primary sources include the following points:..............................................................................................5
1. The Holy Qur’an:................................................................................................................................5
Deal with socio-economic laws. ...................................................................................................................6
2. Hadith (Sunnah): ............................................................................................................................7
2) His sayings........................................................................................................................................7
3. Sunnah as a source of Law:............................................................................................................7
4. The Six Book of Reliable Hadith:..................................................................................................7
5. Hadith are classified into 3 categories:........................................................................................10
I. Undubtable ( mutawatir)..............................................................................................................10
II. Widespread (mashhur).............................................................................................................10
III. Isolated or Single (wahid).........................................................................................................10
G. Secondary Sources:...............................................................................................................10
H. In secondary sources of Islamic Law, we have 4 things.....................................................10
I. Ijma ............................................................................................................................................10
II. Qiyas.......................................................................................................................................10
III. Ijtihad.....................................................................................................................................11
IV. Urf...........................................................................................................................................11
 Following is an explanation:.....................................................................................................11
1. Ijma:...........................................................................................................................................11
J. Types:.............................................................................................................................................11
K. Ijma has 2 types.........................................................................................................................11
L. Ijma as Source of Law:.............................................................................................................11
School of jurisprudence....................................................................................................................11
Formation of ijma' ............................................................................................................................11
Rationale............................................................................................................................................11

3. 3
2. Qias:(analogy):..........................................................................................................................12
3. Ijtihad: .......................................................................................................................................13
Example of Ijtihadi Problems:.........................................................................................................13
4. Urf: .............................................................................................................................................14
O. Pointed to be noted: .............................................................................................................14
 Softness in Islamic law:.................................................................................................................14
 Strictness in Islamic law:..............................................................................................................15
P. What Non-Muslims say about Islam: .....................................................................................15
 H.G Wells: .....................................................................................................................................15
 Leo Tolstoy:...................................................................................................................................15
 Pope John Paul II..........................................................................................................................15
 Karen Armstrong: ........................................................................................................................16
Q. Why Secular People Oppose Islamic Law? ........................................................................16
 Reasons: .........................................................................................................................................16
R. Conclusion:................................................................................................................................16
S. Bibliography:.............................................................................................................................17

4. 4
In the Name of Allah, the Most Beneficent, the Most Merciful.
A. Title:
“Primary and Secondary Sources of Islamic Jurisprudence”
B. Introduction:
“Islamic law is a code of basic principles.”
Which determines the relationship between man and God.
For a peaceful individual, the social life of people law is essential. Islam is a Holy religion that
guides us completely on every step of life. There is a law for every aspect of life.
C. Islamic Jurisprudence:
The word “ FIQAH” is an Arabic term meaning “DEEP UNDERSTANDING” and”
FULL COMPREHENSION”.Fiqah or Islamic jurisprudence is the source of a range of laws in
different topics that govern the lives of Muslims in all aspects of everyday life.
Adopting specific sources to derive laws is a major subject in Usul al Fiqah. The “QURAN “,
“SUNNAH”, “IJMA”, SAHABAH”, (consensus of the companion), and “QIYAS” are the four
sources in Islamic that are accepted by almost all of the scholars.
D. Types of Sources: i

5. 5
E. Sources of Law Making in Islam:
In Islam there are 2 types of sources of lawmaking:
F. Primary Sources:
Primary sources include the following points:
1. The Holy Qur’an:
The Holy Qur’an is the scripture of Islam, believed by Muslims to be the direct and unaltered
word of Allah. It is the first and the most authentic source of knowledge about Allah’s
Book i.e. the Holy Qur’an. The Holy Qur’an is the best divine book of Allah Almighty which
was revealed upon the last Prophet (S.A.W). The Qur’an’s laws are not only for Muslim, it is the
code given to all the people of all times and religion that is Jewish, Christianity, Hebraism, etc
The shari’a, the foundation of Islamic law, is derived from verses from the Qur’an. “The
bulk of Quranic matter consists mainly of broad, general moral directives as to what the
aims and aspiration of Muslim should be, the ‘ought’ of the Islamic.
Sources
Primary
Quran Sunnah
Secondary
Ijma
Qiyas
Ijtihad
Urf

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S.No Qur’anic Information Numbers
1. Total Chapters 114
1. Total Rukus 558
2. Total Sipara 30
3. Makki Chapter 78
4. Madni Chapter 28
The scripture specifies the moral, philosophical, social, political, and economic basis on which
the society should be constructed.
 Makki Verses:
Deal with philosophical and theological issues.
 Madni Verses:
Deal with socio-economic laws.
 The verses of the Qur’an are categorized into three fields:
I. Science of speculative theory
II. Ethical principles
III. Rules of human conduct
Examples:
a) (4:4)
Give unto orphans their wealth. Exchange not the good not for the bad (in your
management thereof) nor absorb their wealth into your own wealth. Lo, that would be a
great sin.
b) (17:34)
“Contracts are safeguarded by commands to put them in writing, to fulfill one’s undertaking, to
return a trust or deposit to its owner and not to eat up the property or plans.” Come not nigh to
the orphan’s property except to improve it “
The 3rd
category is
directly concerned
with Islamic Legal
Matters

7. 7
.
The Qur’an includes many commandments, rules, and principles for the behavior and relations of
the individual in society.
2. Hadith (Sunnah):
Sunnah linguistically means a path or away. Sunnah refers to all that is
narrated from the Holy Prophet (S.A.W) which includes:
1) His Acts
2) His sayings.
3) Whatever he has approved.
3. Sunnah as a source of Law:
The Holy Qur’an being the word of Allah treats major issues and
often deals with the subject in brief terms, leaving details to be explained by the Holy Prophet
(PBUH).
The Qur’an says: (33:21)
For you, the life of the Prophet is the best model of behavior.
Example:
In the Holy Qur’an, we are commanded to pay zakat by all Muslims, but the
percentage and the exact amount is unspecified. All these details were learned by the Holy
Prophet (PBUH).
“No sadaqah (zakat) is payable on less than five-grain or dates or less than five camel
heads and less than five silver.’
4. The Six Book of Reliable Hadith:
I. Sahih Bukhari

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II. Sahih Muslim
3. Sunan al- Dawood

9. 9
4. Sunan al-Tirmidhi
5. Sunan al-Nasa'i.

10. 10
6. Sunan ibn Majah.
5. Hadith are classified into 3 categories:
I. Undubtable ( mutawatir)
II. Widespread (mashhur)
III. Isolated or Single (wahid)
G. Secondary Sources:
H. In secondary sources of Islamic Law, we have 4 things
I. Ijma
II. Qiyas

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III. Ijtihad
IV. Urf
 Following is an explanation:
1. Ijma:
It helps to decide on a dispute or issue. It can operate only where Holy Qur’an and
Hadith have not clarified a certain aspect of law. Agreement among the mujahedeen in a
particular period after the death of Prophet (PBUH) upon the role of Islamic law.
J. Types:
K. Ijma has 2 types.
A) Ijma al- ummah ( is a consensus of the entire community)
B) Ijma al- aimmah ( is a consensus by religious authorities)
L. Ijma as Source of Law:
THE Holy Prophet (PBUH) said:
“Whatever the Muslim hold to be good before Allah. It is necessary upon you to follow the
most numerous body. Whoever separates himself from the main body will go to hell. If you
yourselves do not”.
M. Different school has different method of formation:ii
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"

12. 12
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.
In modern Muslim usage it is no longer associated with traditional authority and appears as
democratic institution and an instrument of reform.
Examples:
 The 20 Rakat of Tarawwih Salah that is prayed in Ramadan from the 1st
of Ramadan
until the last day of Ramadan every day, and which is prayed after Isha Salah and in
which the whole Qur’an is recited. This was the Ijma of the Shaba (R.A), during the time
of Umar (R.A) until today in both Makkah and Madinah the Tarawwih is prayed 20
Rakat as part of Ijma of sahaba.
 The compilation of the Qur’an is the result of Ijma.
 The addition of the 2nd Azan of Jumah ( Friday) is also another example of ijma at the
time of Hazrat Uthman.
2. Qias:(analogy):
It is also one of the secondary sources of Islamic law. It means to conclude general
principles from Qur’an and Sunnah to generalize the verses or Hadith.
Examples:
 Wine is prohibited, the jurist concluded that all things causing unconsciousness
are prohibited by Islam according to Hadith, Prophet (PBUH) said:

13. 13
There is no revealed injunction, I will judge amongst you according to reason.
 When recent scientific evidence showed that tobacco smoking is hazardous to
human health, Islamic authority deduced that the Prophet Muhammad’s (PBUH)
words;
“Do not harm yourselves or others”.
3. Ijtihad:
The word Ijtihad derives from the Arabic verbal root jahada "struggle," the same root as
that of jihad;
The Prophet (PBUM) permitted Ijtihad, which is “independent reasoning” utilized where
Qur’an and hadith are silent.
It is an Islamic way of facing new situations and problems in the light of the general
principles of the Holy book Qur’an and the tradition of the Prophet and Sunnah.
One school of taught believes that Ijtihad is ended with the 4 caliphs, while others believe
that it is not ended.
Example of Ijtihadi Problems:
 Can a woman lead the prayer?
 Is suicide bombing justified?
In the present instance, for example, Islamic society needs experts in medical science, physics,
and chemistry, and another field also. It is an obligation on the community to acquire it.
The Holy Qur’an also says:
 (9:12)
“˹However,˺ the believers don't need to march forth all at once. Only a party from each group
should march forth, leaving the rest to gain religious knowledge then enlighten their people
when they return to them, so that they ˹too˺ may beware ˹of evil˺”
 (21:7)
“Question the people of remembrance if you do not know."

14. 14
4. Urf:
Urf is a common practice among Muslims as their common habit. Another term synonyms with
urf are “Adah”. Adahmeans repetition or recurrent practice of an individual or a group of
individuals. Most jurists consider Urf and Adah to mean the same. Urf means local custom.
N. Types:
a) Istihsan (juristic preference to ensure equity iteres)
b) Istihab (presumption of continuity)
O. Pointed to be noted:
 Softness in Islamic law:
Islamic law is not strict, it has many sub-conditions.
Islamic law says every Muslim has to pray namaz five times a day. Times, conditions, and
method is also explained. But question is
 If a person cannot stand then what he must do?
The Holy religion says such a person should pray namaz in sitting condition.
 If a believer is unable to sit then what should he do?
Such a believer can pray namaz in laying condition with eshara.
 If a believer cannot pray namaz due to any reason, then what should he do?
He has the option to pray namaz at other times as a Qaza Namaz.
 If a person has no water for wudu, what should he do?
Tayammum is an alternative way for wudu.
Above all situations show the softness of Islamic law. Such types of examples are countless in
Islamic law.
 (2:185):
The Holy Qur’an says: “Allah desires ease for you; He does not desire for you hardship.”
 One celebrated hadith says:

15. 15
“Make things easy for people and do not make things difficult; give them glad tidings, do not
drive them away.”
 Strictness in Islamic law:
There is also strict punishment in Islamic law as well.
 If any Muslim does corruption or does any Haram work he will be punished here and
after here.
A thief‘s punishment in Islamic law is to cut off his hand. This is a common example of Islamic
law strictness.
 Sayyiduna Ali said:
 “The faqih is not the one to cause people to despair of Allah’s mercy,
nor the one to give them license to sin.”
P. What Non-Muslims say about Islam: iii
All the greet philosopher, intellectuals, lawmaker, and positions of the history lonfen the truth of
the laws of Islam
 H.G Wells:
“Islamic teaching have left great traditions for equitable and gentle dealings and behavior, and
inspire people with nobility and tolerance. These are human teachings of the highest order and at
the same time practicable. These teachings benefit into existence a society in which hard-
heartedness and collective oppression and injustice were the least as compared with all other
societies preceding it….Islam is replete with gentleness, courtesy, and fraternity.”
 Leo Tolstoy:
The legislation of the Quran will spread all over the world because it agrees with the mind, logic,
and wisdom.”
 Pope John Paul II
“… the religiosity of Muslims deserves respect. It is impossible not to admire, for example, their
fidelity to prayer. The image of believers in Allah who, without caring about time or place, fall to
their knees and immerse themselves in prayer remains a model for all those who invoke the true
God, in particular for those Christians who, having deserted their magnificent cathedrals, pray
only a little or not at all.”

16. 16
 Karen Armstrong:
“Islam is a religion of success. Unlike Christianity, which has as its main image, in the west at
least, a man dying in a devastating, disgraceful, helpless death… Mohammed was not an
apparent failure. He was a dazzling success, politically as well as spiritually, and Islam went
from strength to strength to strength.”
Q. Why Secular People Oppose Islamic Law?
Secular people mostly say that there is no equality between men and women in Islam. Like they
say Islamic law gives half of the son's share to the daughter. But Islam also gives a share to the
wife in the husband's inheritance.
 Reasons:
Such types of tough arise in Secular people because of the following reasons.
a) The basic reason for scholar people's objections to Islamic laws is that Islamic laws are
not in their original form in front of them. They take them from the wrong sides, not from
the actual source.
b) The second reason is that they understand Islamic law with their own minds. Islamic laws
are not man-made, they are made by Creator and Creator knows very well about His
creation.
R. Conclusion:
We are Muslim by Birth, we should know the learn the teaching of Islam, After that, we should
act upon them. After reciting “la ilaha illallah muhammadur rasulullah” we do not remain free
instead we come in a boundary of Islam. If we do not act upon Islamic Laws we will not remain
true Muslim.
Islamic laws are made by our Creator Who knows very well about our nature. Therefore these
laws suit us. We have to follow these laws for divine success and also spread them in the right
way.

17. 17
S. Bibliography:
i
https://www.studocu.com/my/document/universiti-utara-malaysia/introduction-to-islamic-law/tutorial-
work/primary-sources-and-secondary-sources-of-islamic-law/6154430/view
ii
http://www.legalserviceindia.com/article/l302-Sources-of-Islamic-Law.html
iii
https://mvslim.com/10-great-non-muslim-quotes-on-islam/
Some points have shared by group members.