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Week 04
DAY 04
Quran as a source of Islamic Law
Legal Thinking/ Guidance
Islam is built on the foundation of faith. Allah’s will is the primary source of law in a Muslim society. The
Quran is the most fundamental and reliable source of legal thinking in Islam, as it says, “Verily this
Quran guides to which is most right” (17:9)
It contains a set of legal commands which are the basis of Islamic law and which concern the life of
human being in every detail. “Blessed is He Who sent down the Criterion to His servant, that it may be
an admonition to all creatures” (25:1)
It deals with the institutions such as marriage or divorce. Emphasis is laid on behavior towards women,
orphans, relatives, slaves, and dependants. It also provides guidance about laws of inheritance.

The following examples illustrate the role of Quran as a source of guidance and legal thinking in Islam.
1. In matters of religion the Quran talks about the pillars of Islam for example, it says, “And
establish regular prayer and give the charity tax, and bow down your heads with those who
bow down.” [2:43]
2. The Quran lays down rules related to Muslims social life. It lays down commands to decide the
matters with justice, not to offer bribe and to give full weight and measures.
“Give full measure when you measure and weigh with the balance that is straight”
(17:35)
3. There are penal laws concerning false accusations, blood money and retaliation. The Quran lays
down a simple rule as a punishment for crimes. It says,
“We ordained therein for them, Life for life, eye for eye, nose for nose, ear for ear,
tooth for tooth and wounds equal for equal.” (5:45)
4. The Quran also commands Muslims to stay away from un-Islamic practices i.e drinking wine,
playing games of chance, charging interest etc.
“O you who believe! Intoxicants and gambling, sacrificing of stones and arrows are all
Satan’s handiwork, show restraint to them so that you may prosper” (5:90)
5. Contracts are safeguarded by the command to put them in writing, to fulfill one’s undertaking to
return a trust or deposit and not eat up the property of orphans.
“Those who unjustly eat up the property of orphans, eat up a fire into their own
bodies” (4:10)
6. Quran also explain us the difference between Haram and Halal and forbids the Muslims from
eating anything on which Allah’s name has not been pronounced. The Quran says,
“Lawful unto you are all four footed animals with the exception named”. (5:1)

` All other sources of Islamic law, which is Hadith, ijma and Qiyas depend upon it for their
acceptance and justification. They can only be used when Quran is silent on an issue and they never
contradict it. However, the Quran does not sometime give the practical guidance which can be obtained
from the Sunnah. Thus the Quran and Sunnah are called the primary source of law.

Relationship between Quran and Hadith(Sunnah)

 M/J 2009, O/N 2015, M/J2018
 2 (a) How are the Qur’an and Hadiths used together in Islamic legal thinking? [10]
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 O/N 2010
 2 (a) Describe how the two main sources of Islamic legal thinking are related. [10]
 O/N 2012, M/J 2014, O/N 2017
 2 (a) Write about the way in which the two primary sources of Islamic legal thinking
are used. [10]
Answer:
From the earliest times, Muslims usually refer to the practice of the Prophet when they wanted
to know exactly how to reach a decision. The ahadith were always regarded as important source of
teaching alongside the Quran. Allah says,
“So take what the Messenger gives you, and refrain from what he prohibits you.”.” [59:7]
The Prophet (pbuh) said:
“Behold I have been given the Book and a similar thing (Sunnah) along with that.”
Particularly among legal experts they became acknowledged as a source which was second only
to the Quran itself. In fact, it was agreed that the divine revelation from Allah and the words and actions
of the Prophet Muhammad were so closely related, that what the Quran stated in general terms could
be further explained by referring to the Holy Prophet’s ahadith.
1. As all Muslims know, the Quran teaches that Muslims must pay Zakat, the charity tax. This is usually
mentioned in the Quran together with Salat, as an activity of sincere believers.
“And be steadfast in prayer, give the charity tax, and bow down your heads with those who bow down.”
[2:43]
In this example Muslims are encouraged to give Zakat, but they are not told exactly what they
should give, or how they should give it. These details are found in the Hadith of the Holy Prophet:
“Abu Sa’id al-Khudri narrated that the Messenger of Allah said: No charity tax is due on property
mounting to less than five Uqiya (of silver), and no charity tax is due on fewer than five camels, and
there is no charity tax on fewer than five Wasq(of wheatgrain).”
[the two words Uqiya and Wasq refer to the measures of weight]
Ahadith such as this helped legal experts to give advice to Muslims about how the teachings in the Quran
about Zakat should be obeyed. They also formed the basis of the rules about Zakat in the religious law of
Islam.
2. In penal law related to theft the Qur’an says,
‘As for the thief both male and female cut off their hands’.(5:38) But it is not explained, how much of
the hand needs to be cut off? Which hand, the left or the right is to be cut off? The Prophet (pbuh)
explained the verse on theft saying, “the right hand up to the wrist is to be cut off.”
3. The hours of fasting in the month of Ramadan are mentioned in the Quran in these words, “And eat
and drink until the white thread becomes distinct to you from black thread of dawn.” When companions
were unable to understand this verse, the Prophet (P.B.U.H) interpreted by saying that “the white thread
refers to day and black thread refers to the night.”
4. The Quran has many teachings about financial dealings. Riba, the taking of interest for making a loan
to someone is entirely prohibited in Quran:
“They say, trade is like interest, and Allah has allowed trade and forbidden interest.” [2:275]
In this injunction and elsewhere in the revelation it is not clearly mentioned that what kind of business
transactions are regarded as Riba. The Sunnah explains it clearly:
“We asked the Messenger of Allah about the money exchange, he replied: if it is from hand to hand ,
there is no harm in it; otherwise it is not permissible.”
The remarks of the Prophet about the wickedness of Riba (interest) were used by the legal experts
together with the Quran to build a wider picture of what is accepted as trading practice in Islam and what
is condemned.
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5. Hadith makes certain exceptions to the general rules as laid down by the Holy Quran. The Quran
made a declaration in general that one may inherit his property to his parents or children.
“It is prescribed, when death approaches any of you, if he leaves any goods, that he should
make a bequest to parents and next of kin.” [2:180]
Hadith has created the exception in the rule by declaring that there will be no transfer of inheritance
between Muslims and non-muslims.
“A Muslim may not inherit from a non-Muslim, nor a non-Muslim may inherit from a Muslim.”

These examples show that Hadiths contain tafsir which are invaluable guides to key verses in the Quran,
and help Muslims understand the words of their creator better, thus enables them to live their lives in
accordance with the tenets of Islam.

2 (b) What does the Prophet’s first experience of revelation tell us about the nature of
prophethood in Islam. [4]
• The Prophet’s first experience of revelation in the cave of Hira helps us to understand the concept of
prophet hood in Islam.
• It shows that Allah chose prophets according to His own will which means that it was predestined
and could not be attained by personal efforts.
• It was given without warning and often through miraculous events at the time of calling which
caused confusion and fear. For example, Prophet Muhammad got afraid when he was squeezed by
angel Jibrael. Similarly , Hazrat Musa got confused when God addressed him for the first time.
• This fear and confusion shows that the prophets were chosen from mankind.
• This event also shows that Jibrael acted as a link between God and Prophets.

Ijma
O/N 2015
Paper 02
 2 (a) Outline the role of the Ijma (consensus) in formulating Islamic law. [10]
Paper 02
 M/J 2017
 2(a) ‘My community will never agree upon an error’.
The Prophet’s Hadith encourages the use of consensus of opinion (ijma’). Outline:
(i) . what consensus of opinion (ijma’) is, and how many kinds of ijma’ there are;
(ii)• who is qualified to practise it;
(iii)• give examples of how the Prophet and the Rightly Guided Caliphs practised ijma’. [10]

ANSWER:
Meaning and Justification:
According to the principles of Islamic law, ijma is the third source. The word ijma means “consensus”
or “unanimous agreement”. It is related to the same verb as jum’a, Friday, and jami, mosque. It should
be referred to only when there is no clear teaching in the Quran or Sunna.

The use of ijma in legal thinking is based on a number of verses in the Quran, for example
• “Thus have We made of you a community justly balanced, that you might be witnesses over
the nation, and the Messenger a witness over yourselves.” [2:143]
• “You are the best of people evolved for mankind, enjoining what is right forbidding what is
wrong and believing in Allah.” [3:110]
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These and other verses like them indicate that the community has been given authority because it is
upright and follows the guidance of Allah and the example of the Prophet (pbuh).
The Holy Prophet (pbuh) also referred to the importance of following the community, when he said, “My
community will never agree upon an error.” The Holy Prophet to have said, “Gather together the
righteous from among my community and decide the matter by their counsel and do not decide it by
any man’s opinion.” Therefore, from very early times it has been accepted that the agreed view of the
community is binding upon Muslims in legal and more general matters.
Kinds of Ijma:
There are two broad kinds of Ijma. The first is the general agreement of all Muslims in matters of
belief, for example, that the Quran is the most authentic revealed book and that the Prophet (pbuh) was
the best of all creation. This kind of Ijma is the acknowledgment of the beliefs that characterize Islam
and are shared by all believers.
The second particularly concerns legal matters and can be defined as the agreement of a group
of Muslims about an issue on which the Quran and Holy Prophet’s Sunnah have not spoken the final
word.
Who is qualified to practice this?
Legal experts have differed over who makes up this ‘group of Muslims’ whose Ijma should be accepted.
Some said that they should be
the companions of the Prophet (pbuh); others that they should be
the companions of Madina; yet others that they should be
the Rightly Guided Caliphs. Shi’i Muslims claim that they should be the descendents of the Holy Prophet
(Imams), while others said that they should be the legal scholars of any generation.
Examples from Quran (Paper 01)
• Regarding inheritance the Quran says,
o “It is prescribed, when death approaches any of you, if he leaves any goods, that he
should make a bequest to parents and next of kin.” [2:180]
o If a father has died before his son, and the son also dies, then the grandfather shares in
the son’s estate, together with other relatives.It allows for grandfather to take the
father’s place in inheriting from the son , even though it is not stated in so many words in
the Quran.
• Marriage between a man and any of his grandmothers or granddaughters is forbidden.
This is based on the teachings in the Quran which begins, “Prohibited to you are: your mothers,
daughters, sisters; father’s sisters, mother’s sisters. Brother’s daughters, sister’s daughter;
foster mothers, foster sisters; your wives’ mothers, your step daughters under your
guardianship, born of your wives.” [4:23]
The principles follows the spirit of this full list, and adds two categories about which it is silent but which
clearly conform to all the one mentioned here.
Examples From Hadith [Paper 01,02]
• The Prophet (P.B.U.H) always practised consensus of opinion (ijma) by consulting his companions
on important matters.
• For example, Azaan, He consulted his companions. Hazrat Umar’s suggestion was accepted that it
should be in human voice.
• In the battle of Uhad he consulted his companions and accepted their suggestion of fighting
outside Madina although he himself had a different opinion.
• Similarly, he practised ijma before the battle of Trench and accepted the suggestion of Salman
Farsi.
Examples of Caliphs [Paper 02]
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Compilation of the Qur’an.

The Qur’an was revealed in a span of 23 years. It was not compiled in a book form during the life of
Prophet (p.b.u.h.). After his death, Hazrat Abu Bakr on suggestion of Umar (R.A) and by Ijm’a of the
Companions, Quran was compiled in a book form when 360 Companions of the Prophet (p.b.u.h.) were
killed in the battle of Yamamah.
Tarawih Prayers in congregation
The Prophet (p.b.u.h.) prayed tarawih only three or four times in congregation in his lifetime. It was
later during the reign of the Caliph Umar (R.A) that the system of congregation of Tarawih was added
after’ Isha prayers.
Two Adhan of Jum’ah.
During the time of Prophet (p.b.u.h.) there was only one Adhan for Jum’ah prayers but during the reign of
the Caliph Uthman, Madinah expanded considerably and the Adhan could not be heard because of noise
in the markets, therefore, it was decided after Ijm’a of the companions that another Adh’an should be
given.
Conclusion
These examples show that ijma can be regarded as a continuation of the divine teaching for
legal and practical purposes. It was always safeguarded by the agreement of leading Muslims
or of experts who could say whether or not a principle was in harmony with the Quran and
Sunnah.

Qiyas [Analogy]
Meaning
Qiyas actually comes from a verb that means to measure one thing by comparing with another thing
that is similar to it.
“Qiyas is the legal method of deducing one principle from another by comparing them together.” This
is the fourth basis of legal method, according to Sunni Islam, coming after the Quran, Sunna and Ijma.
Shi’i Muslims do not accept it because it involves a lot of individual opinions and causes unease some
Muslims.
Justification from Quran
Qiyas is often also seen in the Quran. The great expert al-Shafi’i for example, cited the verse:
“ Turn then your face in the direction of the Holy Mosque; and wheresoever you are, turn your faces in
that direction.” (al-Baqara 2:150)
And he argued that you should face the Ka’ba when you can see it, but face in its direction when you
cannot see it, using reason to determine by the sun, stars, etc. where its direction lies.
Justification from Hadith
for exercising Qiyas is usually based on the following Ahadith:
When the Prophet (pbuh) sent Mu’adh Ibn Jabal as judge to the Yemen, he asked him,
‘How will you reach a judgment when a question arises?’
Mu’adh replied, ‘according to the Word of Allah.’
“And if you find nothing therein?” the Prophet asked him.
“According to the Sunnah of the Prophet,” he answered.
“And if you find nothing therein? The Prophet pbuh asked.
“Then I will exert myself to form my own judgement”, Mu’az replied.
The Holy Prophet’s response was: “Praise be to Allah who has guided the messenger of His Prophet to
that which pleases His Prophet.”
Method
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This example takes us into the method used in Qiyas, the drawing of comparisons or analogies between
two principles. The experts identified these elements as being necessary to a sound analogy:
➢ The fundamental teaching (asl, root)
o The new matter in question (far’, branch)
o The linking cause that connects them (‘illa).
o By relating these together it is possible to arrive at the new judgement, the hukm.

Examples
Quran
This may be illustrated by the following examples:
1. Asl: the Quran forbids sales transactions after the call to prayer on Friday; The Holy Quran relate
“O ye who believe! when the call is proclaimed to prayer on Friday (the day of assembly) hasten
earnestly to the remembrance of Allah, and leave off business (and traffic) that is the best for
you if ye but knew!”[62:9]
by analogy, therefore, all kinds of transaction (far’)
have been forbidden;(Hukm)
‘illa: every kind of transaction is forbidden because like sales, they distract Muslims from Friday
prayers.

2. Ali (R.A) applied Qiyas, when he suggested punishment of 80 lashes to the drunkard, “ Umar ibn
al-Khattab asked advice about a man drinking wine. Ali ibn Abi Talib said to him, “We think that
you flog him for it with eighty lashes. Because when he drinks, he becomes intoxicated, and
when he becomes intoxicated , he talks confusedly, and when he talks confusedly, he lies.” (80
lashes is the same amount as for slandering) Umar gave eighty lashes for drinking wine.
This is bassed on “ And those who launch a charge against chaste woman and produce not four
witnesses (to support their allegation) flog them with eighty stripes.” (An-Nur24:4)
Hadith (Paper 02)
3. Asl:The Fundamental teaching is describe by the Prophet (S.A.W), “Every intoxicant is Khamr so
every intoxicant is haram.” (Sunnan Abu Daud)
Far; the (subsidiary) : L.S.D cocaine opium and all other drugs
‘illa (the cause) connecting them is intoxication
Hukm (Law): all these drugs are declared haram (forbidden)

4. Another example is that Wudu is not valid even if the smallest portion of the body, which has to
be washed remains dry. According to a tradition reported by A’isha (R.A) if flour is dried on the
nails and water has not reached any portion of that nail, Wudu would not be considered to have
taken place, so applying this in the case of nail polish, the Wudu is not considered to have taken
place as the nails remain dry.

2(b) Why do some legal Scholars reject the use of analogy (qiyas)?
• Qiyas is the fourth source of Islamic law according to sunni Muslims coming after Quran, Hadith
and Ijma. It involves the comparison of an existing accepted situation with a new one.
• Some Muslims especially Shia reject it because it involves a lot of individual opinion.
• Its decision may differ from one person to another and therefore, cause unease for some
Muslims
• e.g in the Quranic command about polygamy the qiyas of one person will be different from
other due to which a specific number cannot be decided for anyone.
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• It does not have the same broad support of the community through communal agreement as
other three sources have.

Qur’an with the other three sources

O/N 2014
2 (a) Write about how the Qur’an is used with the other three sources in Islamic
law. [10]
M/J 2016
2.a) The Qur’an is the main source of Islamic Law. Write an account of how it is used
with each of the other three sources. [10]
O/N 2018
2(a) Write an account of how the four sources of Islamic Law are used together.[10]
• The Quran is the only revealed Book of God which is protected by God Himself. It is the fountain head
not only of Islamic religion but also of Islamic law. It is not in the form of any definite codes, but in all
matters with which it deals, it is the primary and final authority.
Allah says in the Holy Quran that,
“(It is) an exposition of that which is decreed for mankind.”[10:37]
The Holy Quran lays down the basic law, and Muslims are enjoined to decide all the disputes in
accordance with the law as laid therein. Some verses of the Holy Quran on this point are,
“We have sent down to you the Book of Truth, so that you may judge between men according to law
as laid down by God.” [4:105]
All other sources of law depend upon it for their authenticity and none of them ever contradict it.

• Sunnah of the Prophet is the second primary source of Islamic law. From the earliest times, Muslims
usually refer to the practice of the Prophet when they wanted to know exactly how to reach a
decision. The ahadith were always regarded as important source of teaching alongside the Quran.
There are many verses in the Holy Quran which justify Hadith as a source of Islamic Law. Some of these
are:
“So take what the Messenger gives you, and refrain from what he prohibits you.”.” [59:7]
The Prophet (pbuh) declared:
“Behold I have been given the Book and a similar thing (Sunnah) along with that.”
Particularly among legal experts they became acknowledged as a source which was second only
to the Quran itself.
As all Muslims know, the Quran teaches that Muslims must pay Zakat, the charity tax. This is usually
mentioned in the Quran together with Salat, as an activity of sincere believers.
“And be steadfast in prayer, give the charity tax, and bow down your heads with those who bow down.”
[2:43]
In this example Muslims are encouraged to give Zakat, but they are not told exactly what they
should give, or how they should give it. These details are found in the Hadith of the Holy Prophet:
the Messenger of Allah said:“No charity tax is due on property mounting to less than five Uqiya,
and no charity tax is due on fewer than five camels, and there is no charity tax on fewer than
five Wasq.”
Ahadith such as this helped legal experts to give advice to Muslims about how the teachings in the Quran
Zakat should be obeyed.

When neither of the primary sources offer answers, then ijma’ and qiyas can be used. These are used
mainly for issues that did not arise at the time of the Prophet.
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• According to the principles of Islamic law, ijma is the third source. The word ijma means
“consensus” or “unanimous agreement”. It should be referred to only when there is no clear
teaching in the Quran or Sunna.
“You are the best of people evolved for mankind, enjoining what is right forbidding what is wrong and
believing in Allah.” [3:110]
This and other verses indicate that the community has been given authority because it is upright and
follows the guidance of Allah and the example of the Prophet (pbuh).Ijma is used to interpret and
explain the teachings of Quran when Hadith is also silent on that issue,for example;
If a father has died before his son, when the son himself dies the grandfather shares in the son’s estate,
together with other relatives.
It is based on the Quranic injunction:
“It is prescribed, when death approaches any of you, if he leaves any goods, that he should make a
bequest to parents and next of kin.” [2:180]
It allows for grandfather to take the father’s place in inheriting from the son, even though it is not stated
in so many words in the Quran. This example shows that ijma can be regarded as a continuation of
the divine teaching for legal and practical purposes. some issues they have to deal with have been,
at the time of the caliphs, the compiling of the Qur’an and more recently, the permissibility of IVF for
married Muslim couples who do not have children.

• Qiyas actually comes from a verb that means to measure one thing by comparing with another thing
that is similar to it.
“Qiyas is the legal method of deducing one principle from another by comparing them together.” This is
the fourth basis of legal method, according to Sunni Islam, coming after the Quran, Sunna and Ijma.
This may be illustrated by the following example:
Asl: the Quran forbids sales transactions after the call to prayer on Friday; The Holy Quran relate “O ye
who believe! when the call is proclaimed to prayer on Friday (the day of assembly) hasten earnestly to
the remembrance of Allah, and leave off business (and traffic) that is the best for you if ye but
knew!”[62:9]
by analogy, therefore, all kinds of transaction (far’)
have been forbidden;(Hukm)
‘illa: every kind of transaction is forbidden because like sales, they distract Muslims from Friday
prayers.

It is important to say that the asl must always be a principle from the Quran (as in this example), the
Sunnah or Consensus .It shows that the secondary sources do not contradict the primary sources but
rather use the primary sources as a basis for their answers.

2 (b) How important is the use of ijma’ or qiyas in Islamic law in present day situations?
Give reasons for your answers.
• New rulings can be formed for any new circumstance, based on their basic similarity with the
basic laws of the Qur’an and sunna. In this way the divine laws revealed in the Qur’an and sunna
remain unchanged without becoming outdated.
• The fundamental laws were made by God who created man and knows what’s best for him at all
times. For changing aspects of human life, the Qur’an and sunna provide basic principles which
may be applied by analogy whenever the need arises
• such as smoking, using the internet, drugs, etc. It is important otherwise Muslims would not know
how to react to these new issues.