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Sources of M Law

sources of muslim law brief notes

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8 views2 pages

Sources of M Law

sources of muslim law brief notes

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hemajatammina
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© © All Rights Reserved
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Sources of Muslim Law

Primary (Formal) Sources of Muslim Law

1. Quran:
➢ The Quran is the foundational and most authoritative source of Islamic law. It is
considered the literal word of God (Allah), revealed to Prophet Muhammad by the
angel Gabriel over 23 years.
➢ It consists of approximately 6,000 verses, with around 200 verses specifically dealing
with legal principles concerning marriage, divorce, inheritance, contracts, and more.
➢ The Quran is a legal text and also a guide for moral, social, political, and spiritual life.
The legal verses are often interpreted in the context of broader ethical and societal
principles.

2. Sunnah (Traditions):
➢ The Sunnah refers to the practices, actions, and sayings of Prophet Muhammad. It is a
supplementary source to the Quran, offering guidance on areas where the Quran
might be silent or less explicit.
➢ The Sunnah is captured in Hadiths, recorded reports of the Prophet's words, actions,
and tacit approvals.
➢ These are classified into:
■ Sunnat-ul-qaul: Verbal statements of the Prophet.
■ Sunnat-ul-fail: Actions performed by the Prophet.
■ Sunnat-ul tuqrir: Actions or practices the Prophet observed and did
not object to, implying his tacit approval.
➢ The Sunnah helps clarify and elaborate on the principles in the Quran, making it
easier to apply them in practical situations.

3. Ijma (Consensus among Jurists):


➢ Ijma refers to the consensus of Muslim jurists on a particular legal issue. It is
considered an important source of law, especially in situations where the Quran and
Sunnah do not provide direct guidance.
➢ The concept of Ijma is based on the belief that the collective agreement of qualified
scholars (Mujtahids) from a particular generation represents a form of divine
guidance.
➢ Ijma has been used to develop new legal rulings and principles, ensuring Islamic law
remains relevant and adaptable to changing circumstances.

4. Qiyas (Analogical Deduction):


➢ Qiyas is a method of legal reasoning that involves drawing analogies between existing
legal rulings in the Quran, Sunnah, or Ijma and new cases that arise.
➢ When a new situation or problem is not directly addressed in the Quran or Sunnah,
jurists use Qiyas to derive a ruling by comparing it to a similar situation where the law
is clear.
➢ Qiyas relies on identifying the underlying reason or principle (Illah) behind a given
ruling and applying it to the new situation. This method allows Islamic law to be
flexible and capable of addressing new challenges while remaining true to its core
principles.

By relying on these primary sources, Muslim law ensures that its legal framework is divinely
guided and adaptable to the community's needs.

Secondary (Informal) Sources:

● Customs: Though not formally recognized, customs can supplement Muslim law.
Pre-Islamic customs are occasionally referred to but hold no spiritual authority.

● Judicial Decisions: Muslim law has been supplemented by judicial decisions. For
example, in the case of Hamira Bibi vs. Zubaida Bibi, interest in Dower was allowed,
modifying pure Muslim law.

● Legislation: Some parts of Muslim law have been codified, such as the Shariat Act of
1937, the Dissolution of Muslim Marriage Act of 1939, and the Muslim Women
(Protection of Rights on Divorce) Act of 1985.

● Justice, Equity, and Good Conscience: This principle allows judges to set aside
rules based on analogy if they conflict with justice, equity, and good conscience. Abu
Hanifa, the founder of the Hanafi sect, supported this principle.

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