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Islamic Jurisprudence Assignment

The document discusses the primary sources of Islamic law - the Quran and Sunnah. It states that the Quran is believed to be the word of God revealed to the Prophet Muhammad and is the main text of Islam. However, it does not provide detailed legal codes, instead focusing on broad moral principles. The Sunnah refers to the sayings, practices, and approvals of the Prophet Muhammad. Secondary sources like scholarly consensus (ijma) and analogy (qiyas) are also used to derive rulings where the primary sources are silent. The document emphasizes that Islamic law aims to discover and formulate God's will as revealed in the Quran and through the Prophet.

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100% found this document useful (1 vote)
625 views16 pages

Islamic Jurisprudence Assignment

The document discusses the primary sources of Islamic law - the Quran and Sunnah. It states that the Quran is believed to be the word of God revealed to the Prophet Muhammad and is the main text of Islam. However, it does not provide detailed legal codes, instead focusing on broad moral principles. The Sunnah refers to the sayings, practices, and approvals of the Prophet Muhammad. Secondary sources like scholarly consensus (ijma) and analogy (qiyas) are also used to derive rulings where the primary sources are silent. The document emphasizes that Islamic law aims to discover and formulate God's will as revealed in the Quran and through the Prophet.

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Singh
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ISLAMIC JURISPUDENCE
SOURCES OF ISLAMIC LAW

SUBMITTED TO: - Dr. GULAM YAZDHANI

SUBMITTED BY: - Abhishek Singh

B.A.LL.B (Hons.) S/F, Sem- III


ACKNOWLEDGEMENT

The success and final outcome of this assignment required a lot of guidance and assistance from
many people and extremely fortunate to have got this all along the completion of my assignment
work. Whatever I have done is only due to such guidance and assistance and i would not forget
to thank them. I respect and thank Dr.Gulam yazadni for giving me an opportunity to do this
assignment work and providing me support and guidance which made me complete the
assignment on time, I extremely grateful to his for providing such a nice support and guidance.

I am really grateful because i managed to complete this assignment within the time given by
Dr.Gulam yazdani I would like to express my gratitude to my friends and respondents for
support and willingness to spend some time with me.

Abhishek Singh
TABLE OF CONTENTS

S. Nos. Particulars Page Nos.


1. INTRODUCTION
2. PRIMARY SOURCES: THE QURAN
3. SUNNAH
4. SECONDARY SOURCE: IJMA OR CONSENSUS
5. QIYAS OR ANALOGY
6. CONCLUSION
INTRODUCTION
According to Islam, the ultimate authority of law-making belongs to God alone. In the ideal of
Islamic law, everyone including the Prophet and ruling authorities, is subordinate to God,
working under His direct or indirect guidance. Islamic law, irrespective of the variety of its
sources, emanates from God and aims at discovering and formulating His will. It is known that
there are four Muslim schools of thoughts. However, each differs in their interpretations. There
are two sources of Islamic law -:

PRIMARY SOURCES
The primary sources, accepted universally by all Muslims, are the Qur’an and the Sunnah .
“Qur’an is the religious text of Islam. It is believed to be the word of God transmitted through
the Prophet Muhammad”. The Sunnah is considered to be the religious actions, quotations and
approvals of the Islamic Prophet Muhammad, which was narrated through his Companions and
Shia Imams. The Qur’an and the Sunnah state clearly the course of action that a Muslim should
follow.

THE QURAN

“Qur’an is the religious text of Islam. It is believed to be the word of God transmitted through
the Prophet Muhammad”. The Arabic word Qur’an is derived from the root ‘qara’a’, which
means “to read” or “to recite”. Qur’an is the holy book of Islam. Muslims believe that the Qur’an
is the final revelation of Allah, that is, the literal word of God, revealed to the
Prophet Muhammad. The Qur'an, as we said before, is the primary source of legislation. Several
Qur'anic verses expressly indicate that it is the basic and main source of law in Islam. The
Qur’an was written and preserved during the life of Muhammad, and compiled soon after his
death. The Qur’an consists of 114 surahs (chapters) with over 6,000 ayat,(verses). However the
exact number of ayat is disputed due to defferent method of counting.
Muslim jurists agree that the Qur’an in its entirety is not a legal code; rather its purpose is to lay
down a way of life which regulates man’s relationship with others and God. The verses of the
Qur’an are categorized into three fields: “science of speculative theology”, “ethical principles”
and “rules of human conduct”. The third category is directly concerned with Islamic legal
matters, which contains about five hundred verses or one thirteenth of it. The task of interpreting
th1e Qur’an has led to various opinions and judgments. The interpretations of the verses by
Muhammad’s companions for Sunnis and Imams for Shias are considered the most authentic,
since they knew why, where and on what occasion each verse was revealed. The shari’a,
foundations of Islamic law, are derived from verses from the Quran. “The bulk of Quranic
matter consists mainly of broad, general moral directives as to what the aims and aspirations of
Muslims should be, the ‘ought’ of the Islamic religious ethic. The shari’a, foundations of Islamic
law, are derived from verses from the Quran. “The bulk of Quranic matter consists mainly of
broad, general moral directives as to what the aims and aspirations of Muslims should be, the
‘ought’ of the Islamic religious ethic.”

The most important external aid used in interpreting the meanings of the Qur’an is the Hadith –
the collection of Islamic traditions from which the details of early Islamic history are
derived.The Shariah, foundatiosn of Islamic law, are derived from verses from the Quran. The
Quran consists mainly of broad general moral directives that provide for the aims and objectives
of a muslim. Essentially because the directives are so broad, interpretation takes on a significant
role, there have been so many different interpretations of the quran, claims widely read and
revered Islamic thinker Abdul A’ala Maududi that ” there is hardly to be found any command
with an agreed interpretation”. The quran is not and does not profess to be a code of law or even
a law book nevertheless it would be mistake to overlook its influence in shaping the Islamic legal
principles the quran exercise its influence in four different ways:

(a) Sometimes when the Prophet was faced with legal problems, he used to seek divine
guidance and the answer which he received through divine revelation formed a definite
legal element in the Quran.

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(b) The non legal texts of Quran which deal with morality and conscience have an effect on
the legal science of Islam.

(c) It is explicitly stated in numerous texts of Quran that the law of God has also been
revealed earlier. Therefore it becomes probable that the early Muslims might have taken
some help from other legal systems. Qiyas and logical deductions used by the Islamic
lawyers have something common with the Jewish legal system.

(d) The Quran gave the idea that law is the direct commandent of Allah. Since he is one, his
law must be a single whole. It is interesting to see that in their search for this single
whole the builders of the Islamic legal system have developed a very elaborative legal
science2.

Quran regulates man's relationship with God but the Qur'an legislates equally for man's
social life as it does for his communion with his Creator. The laws of inheritance, rulings
for marriage and divorce, provisions for war and peace, punishments for theft, adultery
and homicide, are all meant for regulating the ties of man with his fellow beings. In
addition to these specific legal rules, the Qur'an abounds in moral teachings. Therefore, it
is not correct to say, as Coulson declares, that ''the primary purpose of the Qur'an is to
regulate not the relationship of man with his fellows but his relationship with his Creator.

The Quran, in fact, addresses itself to the conscience of man. That is why the legal verses
were revealed in the form of moral exhortation, sometimes exhorting people to the
obedience of God and occasionally instilling a keen sense of fear of God in the minds of
Muslims. Hence it contains emphatic statements about certain specific attributes of God
at the end of its verses, e.g. God is all-hearing, all-seeing and the like. Further, it goes
without saying that the Qur'an does not seek to be pan-legistic, i.e., to lay down all the
details of life. Broadly speaking, it can be said that the legislative part of the Qur'an
provides a model for further legislation and does not constitute a legal code by itself.

2
SYED KHALID RASHID MUSLIM LAW, 5TH EDITION 2009, EASTERN BOOK COMPANY ,LUCKNOW .pg 6,para2
A common reader begins to read the Qur'an with the idea that it is a comprehensive book of law.
But he does not find in it detailed laws and bye-laws relating to the social life, culture, and
political problems, etc. Further, he reads numerous verses in the Qur'an that lead him to believe
that everything has been mentioned in this Book and nothing has been left out.35 Besides, he
notices that the Qur'an lays great emphasis on saying prayer and giving zakah, but at the same
time he finds that it does not mention their details, the result is that many questions arise in the
mind of a layman while studying the Qur'an3. The difficulty arises from ignoring the fact that
God did not reveal the Qur'an in a vacuum, but as a guide to a living Prophet, who was engaged
in a living struggle. The Qur'an, however, instead of mentioning the minutiae, talks of basic
principles. Moreover, it presents the Islamic ideology in a general form, suited to the changing
circumstances in all ages and climes. It should be noted that the Qur'an sometimes explains itself,
and as a book of guidance (hiddyah) it did not leave untouched anything relating to the
fundamentals. As regards the practical shape of life to be led by a Muslim and the According to
Shi'ite jurists, the sunnah also includes the words, deeds and acknowledgments of the twelve
Imams and Fatimah, Muhammad's daughter, who are believed to be infallible.

community as a whole, it shows and demarcates the borders of the various aspects of life.
It is the task of the Prophet to present the ideal practical life in the light of the limits
enunciated by the Qur'an. The Prophet was, in fact, sent primarily to exemplify the
teachings of the Qur'an. That is why the Sunnah never goes against the Qur'an, nor the
Qur'an against the Sunnah.

SUNNAH

The Sunnah is the second source of Islamic law. Sunnah is an Arabic word which means
“Method”. It was applied by the Prophet Muhammad as a legal term to represent what he said,
did and agreed to. Justification for using the Sunnah as a source of law can be found in the
Qur'an. The Qur'an commands Muslims to follow Muhammad. During his lifetime, Muhammad
made it clear that his traditions (along with the Qur'an) should be followed after his death. The
overwhelming majority of Muslims consider the sunnah to be essential supplements to and

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clarifications of the Quran. In Islamic jurisprudence, the Qur'an contains many rules for the
behavior expected of Muslims but there are no specific Qur'anic rules on many religious and
practical matters. Muslims believe that they can look at the way of life, or Sunnah, of
Muhammad and his companions to discover what to imitate and what to avoid..The Islamic
concept of the Sunnah originates with the advent of the Prophet. Since the Qur'an enjoins upon
the Muslims to follow the conduct of the Prophet, which is described as 'exemplary and great/41
Sunnah became the 'ideal' for the Muslim According to Shi'ite jurists, the sunnah also includes
the words, deeds and acknowledgments of the twelve Imams and Fatimah, Muhammad's
daughter, who are believed to be infallible. Justification for using the Sunnah as a source of law
can be found in the Qur'an. The Qur'an commands Muslims to follow Muhammad. During his
lifetime, Muhammad made it clear that his traditions (along with the Qur'an) should be followed
after his death. The overwhelming majority of Muslims consider the sunnah to be essential
supplements to and clarifications of the Qur'an. In Islamic jurisprudence, the Qur'an contains
many rules for the behavior expected of Muslims but there are no specific Qur'anic rules on
many religious and practical matters. Muslims believe that they can look at the way of life, or
sunnah, of Muhammad and his companions to discover what to imitate and what to avoid.
Much of the sunnah is recorded in the Hadith. Initially, Muhammad had instructed his followers
not to write down his acts, so they may not confuse it with the Qur'an. However, he did ask his
followers to disseminate his sayings orally. As long as he was alive, any doubtful record could be
confirmed as true or false by simply asking him. His death, however, gave rise to confusion over
Muhammad's conduct. Thus the Hadith were established. Due to problems of authenticity, the
science of Hadith (Arabic: `Ulum al-hadith) is established. It is a method of textual criticism
developed by early Muslim scholars in determining the veracity of reports attributed to
Muhammad. This is achieved by analyzing the text of the report, the scale of the report's
transmission, the routes through which the report was transmitted, and the individual narrators
involved in its transmission.On the basis of these criteria, various Hadith classifications
developed.4

Many of books of traditions were compiled by the companions of the Prophet. These were later
on incorporated in the great collections of Hadith (i.e. traditions) of Bukhari, Muslim etc. The
4
Ahmad hasan,“The sources of Islamic law” Jstore.com Page no.-166 Para2
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 sunna of the Prophet generally means “tradition” and includes the following three
categories: sayings of the Prophet; his deeds; and his silent or tacit approval of certain acts which
he had knowledge of. The record of the Prophet’s words and deeds were recorded in narrative
ahadith, reports that were transmitted before finally being compiled in authoritative collections
decades after the death of the Prophet. Muhammad brought the Quranic teachings ti life through
his interpretation and implementation. 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 Islamic concept of the
Sunnah originates with the advent of the Prophet. Since the Qur'an enjoins upon the Muslims to
follow the conduct of the Prophet, which is described as 'exemplary and great/41 Sunnah became
the 'ideal' for the Muslim observers of the Sunnah of the Prophet, Having been in association
with him for years together they were acquainted not only with his sayings and behaviour but
also with the spirit and character of the ideal Sunnah left by him for the coming generations.
Their legal opinions, despite differences, represented the spirit of the Prophetic Sunnah. That is
the reason why the jurists of the early schools frequendy argued on the basis of their legal
decisions. The practice and opinions of the Companions were so important a source of law that
Malik sometimes sets aside a tradition from the Prophet in their favour.

The Companions played a vital role in establishing the Sunnah of the Prophet. Hence it became
more or less customary with the early schools to argue on the basis of the practice of the
Companions. They must have thought that the action of the Companions was based on the
Prophetic Sunnah or they were better equipped to take decisions in the light of the Sunnah. But
al-Shafi'i was strongly opposed to this view. He does not regard the sayings of the Companions
or their practice as necessarily the Sunnah of the Prophet unless there exists a tradition from the
Prophet. In the absence of a tradition from the Prophet, he no doubt follows the opinions of the
Companions. In case of difference of opinion among them, he prefers the opinion of the first four
Caliphs to those of others, or the opinion which coincides with the Qur'an, or the Sunnah or
Ijmd( or the opinion which is correct according to Qiyas His utmost endeavour, however, was to
adhere to the Sunnah of the Prophet to which he gave absolute priority and which he radically
distinguished from the subsequent practice and opinions. The Successors, too, played a major
role in the development of Islamic law. Since they were closely associated with the Companions,
their opinions carried weight in law. Their legal decisions constituted a source of law for the
early schools. We find cases where the opinion of a Successor was even preferred to that of the
opinion of a Companion.5Early works on Fiqh are replete with the legal opinions of the
Successors. The early schools quote their opinions in support of their doctrines, and occasionally
make them the sole basis of their arguments, After quoting traditions from the Prophet and the
Companions, Malik quotes the practice and opinion of the Successor. But it does not follow that
he always adheres to them, because on occasions he does not act upon the traditions from the
Companions too. Abu Yusuf clearly bases the principle of 'abstaining from infliction of hadd
punishment on the accused in case of doubt on the opinions of the Companions and the
Successors. As the practice and opinions of the Companions and the Successors reflected the
Sunnah of the Prophet, the early schools regarded them as an important source of law.

SECONDARY SOURCE

Secondary source consist of Ijma (juristic Consensus) and Quiyas (Analogy). It is however, in
fields where primary sources are silent then the secondary sources are to be used, thus the Ijma
(consensus of opinion of scholars) and the Qiyas(laws derived through analogical deduction
-analogy).

IJIMA OR CONSENSUS

The third source of law, Ijma or the consensus of scholars signifies the importance of delegated
legislation to the Muslim community. The concept of juristic consensus (ijmá‘) as an
authoritative, binding source of Islamic law was originally conceived through the exercise of

5
Ahmad hasan,“The sources of Islamic law” Jstore.com Page no.-181 Para2
ijtihád undertaken by the Prophet’s companions and learned scholars of the classical period,88 a
phenomenon that highlights the dialectical relationship between these two secondary sources.
While a theological basis of ijmá‘ may not be found in the Quránic text, it is said to have been
based on a tradition attributed toProphet: “My community will not agree on error”. 89 This is
generally read to mean that after the Prophet, the Muslim community could concur with man-
formulated doctrines and practices that were not expressed in the Qur’án and Sunnah. Absent
prophetic guidance, Muḥammad’s companions (ṣaḥábah) hence invoked the method of general
consensus (ijmá‘) to enrich the Islamic law. New norms extracted through this method formed a
substantial portion of Islamic law, supplementing the primary sources. The deduction of laws
through ijmá‘ enabled jurists to formulate widely shared principles. But as the creation of new
norms had been a collective effort drawing upon the sacred sources, the prevailing assumption
was that novel principles forged through consensus could not be deemed ordinary in nature;
rather, they formed part and parcel of the sacred law. This conclusion was borne out by the
aforesaid tradition that the Muslim community was safeguarded against error. Accordingly, the
process of ijmá‘ came to assume an “aura of holiness”, the repudiation of whose outputs
“became sinful in the eyes of some” even though the law obtained via consensus remained
derivative in character. Ijmá‘ generally involved lengthy debates conducted by jurists over legal,
moral, and practical matters. When such learned scholars reached an agreement on a
controversial point, ijmá‘ was declared to have transpired, settling the matter conclusively – or at
least until revoked by further ijmá‘. The norm created through this process was considered
binding.91 There in lay the principal difference between ijtihád and ijmá‘, although they are
interlaced: while the former could engender conflicting views over a moot point, the latter
produced an authoritative response thereto. Consensus of opinion thus had the advantage of
achieving definitive knowledge until a new, invalidating consensus crystallised to replace the
former. As Esposito puts it, “the relationship between ijtihád andijmá‘ was an on-going process,
moving from individual opinion to community approval to accepted practice to difference”.
Certainly, in the absence of consensus opinion, alternative views were considered equally valid.
When there had been competing viewpoints advanced by recognised schools of thought, these
were correspondingly deemed authoritative. In the absence of unanimity, there was no basis to
require Muslims of various schools to adhere to a single view – each school could justify their
reading of the authoritative sources. The doctrine of consensus in this sense tacitly recognised
difference over moral and legal issues as inevitable. By the mid-tenth century, jurisprudential
schools had generally demarcated their intellectual territories through their distinguishing
doctrines, expanding upon a sizeable corpus of politico-legal literature. Among these schools,
only the principal ones managed to survive into contemporary times. These are the Ḥanafí
school, founded by Abú Ḥanífah ; the Málikí school, established by Málik Ibn Anas the Sháfiʻí
school, based on the teachings of Idris Al-Sháfiʻí ; the Ḥanbalí school, set up by Ahmed Ibn
Ḥanbal and the Ja‘farí school, a Shí’ah school of jurisprudence, following the teachings of Abú
Jafar Muḥammad Al-Baqir and Jafar Sadiq .Through scholarly consensus, a notable body of
judicial speculations were rendered into categorical rulings, giving substance to many tentative
positions. Over time, ijmá had not only reinforced the authority of learned jurists (‘ulama’), but
also largely standardised the legal position on thorny issues. Arguably, the most damaging
consequence of consensus-based doctrines was that disagreeing jurists had effectively been
deterred from re-examining established judgements. What is more, particularly from the tenth
century onwards, Sunní scholars came to think that since classical jurists of the calibre of
Ḥanífah, Málik, Ḥanbal and Sháfiʻí had ceased to thrive, jurists of established schools would
henceforth dominate the intellectual scene of the Muslim jurisprudence. Over time, Muslim
jurists had been urged against challenging entrenched doctrines, a stance which paved the way to
orthodoxy where more liberal thinking was replaced by analogical reasoning and crude modeling
on precedent.6 Ijma constitutes the unanimous agreement of a group of jurists of a particular age
on a specific issue and constitutes the fourth and final source of law in Shafi’i’s methodology. If
questions arose about a Quranic interpretation or an issue where no there no guidance from either
the Quran or sunna, jurists applied their own reasoning (ijtihad) to come to an interpretation.
Through time, “one interpretation would be accepted by more and more doctors of law. Looking
back in time at the evolved consensus of the scholars, it could be concluded that an ijma of
scholars had been reached on this issue.” 8 Unfortunately, unanimous agreement rarely happened
among intellectual elite and since there were always diverse opinions, one could always find
several scholars of the day who concurred on an issue. Also, the definition of ijma and which
ijma would be considered valid was a point of contention, because ijma is not simply the
6
Tally Gray,“The Principle sources of Islamic law” Islamic and international criminal law and justice, Page no.-33 Para2
consensus of all past jurists. Besides, using the concept of ijma poses the problem of having to
look to the past to solve the problems of the future, and scholars of yesteryear didn’t wrestle the
same issues that are challenging Muslims today.

Qiyas or analogy
Qiyas, is the fourth important source of Islamic law, is reasoning by analogy. The word Qiyas
was derived from term ‘Hiaqish’ which means ‘beat together.’ In Arabic Qiyas means
‘measurement, accord, and equality.’ In other words, it means measuring or comparing a thing to
a certain standard, or to ‘establish an analogy.’ If the matters which have not been covered by
Quran, Sunna or Ijma, the law may be deducted from what has been already laid down by these
three authorities by the process of analogy (Qiyas) In order to apply qiyas to similar cases, the
reason or cause of the Islamic rule must be clear. For example, because the Quran clearly
explains the reason that consumption of alcohol is prohibited (because it makes the user lose
control of his actions), an analogy can be drawn to drugs which induce the same affect. But
because the Quran does not specifically state the reason why pork is prohibited, Muslims cannot
justify banning another meat product with a similar cholesterol level, etc. The use of analogies
greatly varied among scholars.

The Qiyas is a process of deduction, which helps in discovering law and not to establish a new
law. Its main function is to extend the law of the text, to cases which do not fall within the
purview of the text. For  valid Qiyas, the following conditions must be fulfilled:

 The process of the Qiyas can be applied only to those texts which are capable of being
extended. The texts should not be confined to a particular state of facts or rules having
a specific reference.
 The analogy deduced should not be inconsistent with the dictates of the Quran and
authority of Sunna.
 The Qiyas should be applied to discover a point of law and not to determine the meanings
of the words used in the text.
 It must not bring a change in the law embodied. 7

If there is a conflict between two deductions, a jurist is free to accept any one of the deductions
from a text. Hence one analogy cannot abrogate the other.

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Compared with other sources, Qiyas is of much lesser significance. The reason is that on the
analogical deductions, resting as they do, upon the application of human reasons, which is
always liable to error.

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 deduction on 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.

The Hanfi school of thought very strongly supports qiyas.  Imam Abu Hanifa, an important


practitioner of qiyas, elevated qiyas to a position of great significance in Islamic Law. Abu
Hanifa extended the rigid principle of basing rulings on the Qur'an and Sunnah to incorporate
opinion and exercise of free thought by jurists. In order to respond suitably to emerging
problems, he based his judgments, like other jurists, on the explicit meanings of primary texts
(the Qur'an and sunnah). But, he also considered the "spirit" of Islamic teachings, as well as
whether the ruling would be in the interest of the objectives of Islam. Such rulings were based on
public interest and the welfare of the Muslim community.

The Shafii school of thought accepts qiyas as a valid source. Imam Shafi'i, however, considered


it a weak source, and tried to limit the cases where jurists would need to resort to qiyas. He
criticized and rejected analogical deductions that were not firmly rooted in thQuran and sunnah.
According to Shafi'I, if analogical deductions were not strictly rooted in primary sources, they
would have adverse effects. One such consequence could be variety of different rulings in the
same subject. Such a situation, he argued, would undermine the predictability and uniformity of
a sound legal system8.

CONCLUSION

 It may be concluded that the superstructure of Islamic Jurisprudence is founded on Quranic
verses and traditional utterance of Prophet, yet other sources have also helped a lot in developing
the sacred law in its present form. It is due to the contribution of all the sources of Islamic law
that an orderly and systematic theory of the personal laws of Islam came into existence, which
governs the Muslim community.

Bibliography: -
8
Tally Gray,“The Principle sources of Islamic law” Islamic and international criminal law and justice, Page no.-36 Para2
1. Ahmed Souaiaia, On the Sources of Islamic Law and Practices, Combridge University
Press is Collaborating with JSTOR, jstor.org/stable/4144685.
2. Abdullah Saeed, Islamic Thought: An Introduction, 2006, Routledge New York, p.42.
3. Muhammad Siddiqi, Hadith Literature: Its Origin, Development & Special Features,
2008, Islamic Texts Society, Cambridge, p. 125.
4. Tariq Ramadan, Radical Reform: Islamic Ethics and Liberation, 2009, Oxford University
Press, Oxford, p. 24
5. Fazlur Rahmán, Islam & Modernity: Transformation of an Intellectual Tradition,
University of Chicago Press, Chicago, 1982, p. 2.
6. Rarooq A. Hassan, “The Sources of Islamic Law”, in proceeding of the Annual Meeting
(American Society of International Law), 1982, vol. 76, p.66.

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