Sources of Islamic

Law

Ustadh LUQMAN L. BIN USMAN IMAM, SCL, MAIS

Senior Lecturer II
Institute of Islamic Studies
University of the Philippines - Diliman
Learning Outcomes
•Identify and explain the primary and secondary sources of Islamic law
•Distinguish between transmitted and rational proofs
Overview of Sources
I. Primary Sources II. Secondary Sources
(Transmitted) (Rational) III. Other Sources IV. Key Points
A. Quran A. Ijma (Consensus) A. Ijtihad (Independent • Hierarchy of
• Direct word of Allah • Unanimous agreement Reasoning) sources: Quran >
• Highest authority of qualified scholars • Individual intellectual effort Sunnah > Secondary
• Immutable and infallible • Binding on future • Used when primary and > Other
B. Sunnah secondary sources are unclear • Primary sources are
generations
• Prophet Muhammad's B. 'Urf (Custom) divine and
B. Qiyas (Analogical
sayings, actions, and • Consideration of local immutable
approvals Reasoning) practices • Secondary and
• Preserved in Hadith • Extending known • Must not contradict Islamic other sources
literature rulings to new situations principles provide flexibility
• Explains and elaborates • Based on shared C. Maslahah (Public Interest) • All derived rulings
Quranic teachings underlying cause ('illah) • Rulings based on community must align with
welfare primary sources
The Quran - Primary Source of Islamic Law
I. Divine Revelation III. Authority in Islamic Law V. Legal Significance
• Revealed to Prophet Muhammad • Highest authority in Shariah • Not a comprehensive legal code
(610-632 CE) • Primary reference for legal • Provides general principles
• Through Angel Gabriel (Jibril) rulings • Supplemented by other sources (e.g.,
• Over 23 years • Precedence over all other Sunnah)
• Believed to be literal word of Allah sources • Informs overall ethos of Islamic legal
II. Preservation & Compilation IV. Content and Structure thinking
• Initially preserved orally • Over 6,000 verses VI. Key Points
• Partially written during Prophet's • Approximately 500 verses • Divine origin ensures supreme
life on legal matters authority
• Full compilation after Prophet's • Types of verses: • Careful preservation maintains
death - Clear legal injunctions (ayat authenticity
- Initiated by Caliph Abu Bakr al-ahkam) • Guides all aspects of Muslim life
- Completed under Caliph Uthman - Historical narratives • All other legal sources must align with
• Meticulous process ensuring - Eschatological descriptions Quranic teachings
authenticity - Ethical and moral teachings
The Sunnah - Second Primary Source of Islamic Law
I. Definition and Components II. Preservation in Hadith III. Functions in Islamic Law
A. Sayings (Qawli) Literature A. Explains and clarifies the Quran
• Verbal statements and A. Structure of Hadith B. Establishes additional rulings
pronouncements • Matn (content) • Isnad (chain of C. Demonstrates practical application of
• Explanations of Quranic narrators) Islamic teachings
verses B. Compilation Process IV. Relationship with the Quran
• Answers to companions' • Began after Prophet's death A. Second in authority after Quran
B. Reconciliation principles for apparent
questions • Continued for centuries
conflicts
B. Actions (Fi'li) C. Hadith Classification
C. Quranic text takes precedence if
• Prophet's deeds and • Sahih (Authentic) • Hasan
irreconcilable
practices (Good) • Da'if (Weak) • Mawdu'
V. Significance in Islamic Jurisprudence
• Performance of rituals (Fabricated) A. Indispensable source of law
• Personal conduct D. Major Collections B. Provides comprehensive model for
C. Tacit Approvals (Taqriri) • Sahih Sitta (Six Authentic Books) Islamic life
• Silent approval of others' • Sahih al-Bukhari and Sahih C. Offers guidance on issues not directly
actions Muslim (most authoritative) addressed in Quran
Ijma (Consensus) - A Secondary Source of Islamic Law
I. Definition III. Conditions for Valid Ijma V. Functions in Islamic Law
• Unanimous agreement • Agreement among qualified • Resolves differences among scholars •
of Muslim jurists on a legal jurists (mujtahids) Adapts law to new circumstances • Preserves
issue • Unanimous consensus and transmits legal rulings
• Reached after Prophet • Issue must be of Islamic law VI. Examples of Ijma-based Rulings
Muhammad's time • Based on clear legal reasoning • Prohibition of marriage to great-grandmother
• Rooted in Quranic verses IV. Authority and Scope • Killer cannot inherit from victim
and Hadith • Considered binding by majority VII. Contemporary Challenges and
II. Types of Ijma of Sunni scholars Solutions
A. Explicit (Ijma Sarih) • Differing views on applicability: • Global dispersion of scholars • Diversity in
• Clear, stated agreement - Limited to Companions' era Islamic legal thought • Proposal: Collective
by all jurists (Ahmad ibn Hanbal) Ijtihad through international fiqh academies
B. Implicit (Ijma Sukuti) - Rare but possible in later VIII. Significance
• Explicit agreement by generations (al-Shafi'i) • Crucial for legal development • Ensures
some, silence as tacit - Rejected as binding by Zahiri continuity with established principles • Key
approval by others school tool in ongoing interpretation of Islamic law
Qiyas (Analogical Reasoning) - A Secondary Source of Islamic Law
I. Definition and Concept III. Example: Prohibition of V. Functions in Islamic Law
• Extension of Shari'ah ruling Drugs • Addresses new issues • Maintains
from original case to new case • Asl: Prohibition of alcohol consistency in rulings • Provides structured
• Based on equivalent effective (Quran) • Far': Question of legal reasoning method
cause ('illah) • Rooted in drug prohibition • 'Illah: VI. Limitations
practice of Prophet and Intoxicating effect impairing • Cannot establish new fundamental
companions rationality • Hukm: principles • Not applicable to matters of
II. Methodology: Four Prohibition extended to drugs worship ('ibadat) • Cannot override clear
Essential Elements IV. Acceptance and Quranic/Sunnah evidence
A. Asl (Original Case) • Existing Variation Among Schools VII. Contemporary Applications
ruling from Quran or Sunnah • Widely accepted by Sunni • Organ transplantation • In vitro fertilization
B. Far' (New Case) • New schools • Hanafi: Extensive • Digital currencies
situation requiring ruling use • Maliki/Shafi'i: Accept VIII. Significance
C. 'Illah (Effective Cause) • but may prioritize other • Bridges finite textual sources and infinite
Common underlying methods • Hanbali: More human situations • Exemplifies dynamic and
reason/attribute cautious application • rational aspects of Islamic jurisprudence •
D. Hukm (Ruling) • Legal Rejected by some Shi'a sects Ensures ongoing relevance and applicability
decision extended to new case and Zahiri school of Islamic law
Ijtihad - Independent Reasoning in Islamic Law
I. Definition and Concept III. Process of Ijtihad VI. Historical Evolution
• Literal meaning: Exertion or effort • Identify the issue Research • Debate on 'closing of the gates of
• Legal theory: Independent existing rulings and opinions • Ijtihad' • Contemporary calls for
reasoning to deduce rulings • Used Analyze using Islamic legal revival
when no clear ruling in Quran or principles • Consider context VII. Contemporary Applications
Sunnah • Rooted in Hadith of and implications • Formulate • Bioethical questions • Financial
Mu'adh ibn Jabal reasoned opinion innovations • Environmental concerns
II. Qualifications for Mujtahids IV. Roles in Islamic Law • Technological advancements
• Profound knowledge of Quran and • Addresses new issues • Adapts VIII. Modern Approaches
Sunnah • Deep understanding of law to changing circumstances • • Collective Ijtihad (e.g., Islamic Fiqh
Arabic language • Comprehensive Interprets primary sources in Academy) • Interdisciplinary
knowledge of Usul al-Fiqh • different contexts collaboration
Familiarity with Ijma and scholarly V. Limitations IX. Significance
differences • Understanding of • Cannot contradict clear • Vital method in Islamic
Maqasid al-Shari'ah • Knowledge of Quranic/Hadith rulings • Not jurisprudence • Exemplifies dynamic
social customs and human affairs • applicable to fundamental nature of Islamic law • Ensures
Personal integrity and beliefs or established rituals • ongoing relevance and applicability •
righteousness May lead to diversity of opinions Requires caution and deep knowledge
Other Sources in Islamic Law (Part 1)
I. 'Urf (Custom) II. Maslahah (Public Interest) III. Istihsan (Juristic
A. Definition: Common practices A. Definition: Promoting benefit and Preference)
acceptable to people of sound nature preventing harm as prescribed by Allah • Definition: Method of
B. Types: B. Categories: exercising personal
1. Al-'Urf al-'Aam (General Custom) 1. Daruriyyat (Essentials) opinion to avoid rigidity
2. Al-'Urf al-Khaas (Special Custom) 2. Hajiyyat (Complementary) • Application: Used to
C. Conditions for Validity: 3. Tahsiniyyat (Embellishments) depart from established
• Not contradicting Quran or Sunnah • C. Conditions for Validity: precedent for stronger
Prevalent and continuous • Existing at • Genuine, not based on conjecture • evidence
time of transaction • Not opposing General, not serving particular interests • Importance: Provides
clear stipulations of contracting parties • Not contradicting Quran, Sunnah, or flexibility in law
D. Roles in Islamic Law: Ijma application
• Specifying general meanings of texts • D. Applications: • Addressing new
Qualifying the absolute • Basis for issues • Adapting law to changing
juristic preferences (istihsan) circumstances
E. Examples: • Amount of spousal E. Examples: • Compilation of Quran
maintenance • Determination of valid into a single book • Establishment of
dowry prisons
Other Sources in Islamic Law (Part 2)
IV. Istishab (Presumption of VI. Shar' Man Qablana (Revealed VIII. Significance in
Continuity) Laws Preceding Shari'ah) Contemporary Islamic
• Definition: Assumption that status • Definition: Laws of prophets Jurisprudence
quo remains until proven otherwise before Muhammad • Provide flexibility in applying
• Application: Used in absence of • Condition: Valid if corroborated Islamic law
contrary evidence by Qur'an or Sunnah • Allow relevance in diverse
• Importance: Maintains legal certainty • Importance: Acknowledges cultural contexts
continuity of divine guidance • Address modern challenges
V. Sadd al-Dhara'i (Blocking the while maintaining core
Means) VII. Qawl al-Sahabi (Saying of a principles
• Definition: Prohibiting lawful actions Companion)
that may lead to unlawful results • Definition: Opinions of Prophet's IX. Scholarly Debates
• Application: Preventive measure in companions • Generally accepted but with
Islamic law • Application: Considered by some varying applications
• Importance: Protects against schools as a source of law
potential harm • Importance: Provides insights • Differences in scope and
from those closest to the Prophet implementation across
schools of thought
Transmitted vs Rational Proofs in Islamic Law
I. Transmitted II. Rational Proofs (al- III. Hierarchy and Relationship
Proofs (al-adillah adillah al-'aqliyyah) A. Order of Precedence:
al-naqliyyah) A. Types: 1. Quran
A. Sources: 1. Ijtihad (Independent 2. Sunnah
1. Quran Reasoning) 3. Rational Proofs
2. Sunnah 2. Ijma (Consensus) B. Complementarity: • Rational proofs extend principles of
B. Characteristics: 3. Qiyas (Analogical transmitted proofs • Used when transmitted proofs lack
• Divine in origin Reasoning) clear guidance
• Considered 4. Other Sources IV. Application in Islamic Legal Theory
infallible B. Characteristics: • Jurists start with Quran and Sunnah • Rational conclusions
• Authenticated • Based on human must align with transmitted proofs • Rational proofs limited
through rigorous reasoning in scope (can't establish new principles)
methods • Fallible • Crucial for interpreting and applying transmitted proofs
• Foundation of • Derived from V. Significance
Islamic law transmitted proofs • Establishes clear authority hierarchy • Provides flexibility
• Not open to • Allow flexibility and for new situations • Balances divine revelation and human
alteration adaptability reason • Key to Islamic law's adaptability and continuity
Key Points - Sources of Islamic Law
I. Primary Divine Sources II. Secondary Sources: III. Flexibility in Deriving Rulings
A. Quran Scholarly Consensus and A. Mechanisms for Flexibility • Addressing new
• Direct word of Allah • Reasoning issues not in primary sources • Considering
Infallible and immutable • A. Ijma (Consensus) context and circumstances • Reinterpreting
Provides general principles • Unanimous agreement of rulings in light of new knowledge • Allowing
and specific rulings • qualified jurists • diversity of opinions on non-fundamentals
Ultimate reference point Authoritative but human in B. Other Methodologies • Maslahah • 'Urf •
for all Islamic law nature Istihsan • Istishab • Sadd al-Dhara'i • Shar' Man
B. Sunnah B. Qiyas (Analogical Qablana • Qawl al-Sahabi
• Sayings, actions, and Reasoning) C. Limitations • Always operates within Quran
approvals of Prophet • Extends known rulings to and Sunnah framework • Maintains core
Muhammad • Divinely new situations • Based on principles and objectives
inspired • Explains and shared underlying causes IV. Significance of Multiple Sources
complements Quranic C. Ijtihad (Independent • Balances divine guidance and human reason •
teachings • Practical Reasoning) Ensures continued relevance of Islamic law •
implementation of Islamic • Broader process of scholarly Maintains consistency while allowing
law effort • Encompasses various adaptability • Addresses needs of diverse
methodologies Muslim societies
 Quiz
1. Which of the following are 2. The Sunnah refers to:
considered primary sources of Islamic a) The consensus of scholars
law? b) The sayings, actions, and tacit
a) Quran and Sunnah approvals of Prophet Muhammad
b) Ijma and Qiyas c) The independent reasoning of jurists
c) Ijtihad and 'Urf d) The customs of pre-Islamic Arabia
d) Maslahah and Istihsan
3. Which of these is NOT a category of 4. Ijma is defined as:
Hadith based on the chain of a) Analogical reasoning
narration? b) Independent scholarly effort
a) Sahih c) Consensus of qualified Muslim jurists
b) Hasan d) Public interest
c) Da'if
d) Qiyas
 Quiz
5. The process of extending a known 6. Which of the following is considered
ruling to a new situation based on a a rational ('Aqli) proof?
shared underlying cause is called: a) Quran
a) Ijma b) Sunnah
b) Qiyas c) Qiyas
c) Ijtihad d) Revelation
d) 'Urf
7. 'Urf in Islamic law refers to: 8. The concept of deriving rulings
a) The Quran based on public welfare is known as:
b) The Sunnah a) Ijma
c) Custom or common practice b) Qiyas
d) Consensus of scholars c) Ijtihad
d) Maslahah
 Quiz
9. Which of the following is NOT a 10. Ijtihad is best described as:
condition for the validity of Ijma? a) The primary source of Islamic law
a) Agreement of all qualified scholars b) The consensus of scholars
b) Based on clear textual evidence c) Independent reasoning by qualified
c) Occurrence after the death of the scholars
Prophet d) The customs of a society
d) Must be based on Qiyas
11. In the hierarchy of sources, which 12. Which of these is considered a
takes precedence? transmitted (Naqli) proof?
a) Ijma over Quran a) Ijma
b) Sunnah over Quran b) Qiyas
c) Quran over Sunnah c) Sunnah
d) Qiyas over Ijma d) Ijtihad
 Quiz
13. The Quran was compiled in its complete written form:
a) During the Prophet's lifetime
b) Immediately after the Prophet's death
c) During the caliphate of Abu Bakr and finalized under Uthman
d) During the Umayyad period
14. Which of the following is NOT a 15. The concept of Maslahah is most
type of Sunnah? closely related to:
a) Qawli (verbal) a) Textual interpretation
b) Fi'li (action) b) Public interest
c) Taqriri (tacit approval) c) Scholarly consensus
d) Ijmai (consensus) d) Prophetic traditions