Sources of Islamic law
Opening words
Islam is the complete code of life. It gives guidance in all areas of life. According to Islamic law, the term law includes both moral law and laws. According to Islam, the ultimate source of any authority is God alone.
Sources of Islamic law
1. Quran
The Qur’an is the first and foremost source of law. The Qur’an is not a legal code in the modern sense. The legislative part of the Qur’an is the model illustration for future legislation and does not constitute a legal code in itself.
Importance
As the main source of the law, the Qur’an is of vital importance. It establishes a way of life that regulates man’s relationship with man and his relationship with God. The law of inheritance, marriage, divorce, theft, adultery, and provisions of war and peace are intended to regulate man’s ties to his fellow men.
2. Sunnah
The second source of Islamic law is the Sunnah. The Sunnah is closely related to the Quran. It included of:
All the advice words of the Prophet (SAWW)
Daily Actions, Words and Practices of the Winery Prophet (SAWW).
Silence that implies a tacit approval on your part of any individual act committed by the disciplines.
Importance
The Sunnah is of great importance after the Qur’an. It describes the functions of the Holy Prophet (SAWW), namely, to announce the revelation to the people, and then to guide them.
3. Ijma
Imja is an important source of law. It is the agreement of the jurists among the followers of Muhammad (SAWW) at a particular time on a particular question.
Ijma Base
Ijma can be based on
Koran
Sunnah
Analogy
Types of Ijma
Fast
Be quiet
Qawli
Sakuti
Importance
Ijma as a source of law is of great importance. It helps in interpreting the laws according to the changing needs of the times and new legislation can be made through its procedures.
4. Qiyas
Qiyas is an extension of the law of the original text to which the process is applied to a particular case by means of common Illat or effective cause, which cannot be determined simply by interpreting the language of the text.
Types
Qiyas Jali
Qiyas Khafi
Importance
The function of Qiyas is to extend the law of the text to cases that do not fall within the scope of its terms and not to establish a new rule of law.
5. Opinions of Muslim jurists
The views of Muslim jurists are also a secondary source of Islamic law.
6. The nature of the laws establishes
The Holy Quran is a code of conduct that lays down the fundamental principles and not the detailed provisions, so in case of ambiguity, reference should be made to the sunnah.
7. Naska
Nask is also a secondary source of Islamic laws. It is a shop of the Qur’an and the tradition that have been totally abrogated or its application limited or modified by the subsequent text.
8. Muslalah Mursala
Muslalah Mursala means that when nothing is clear in the law after giving reasons, then the course to be taken according to the Islamic spirit, for example. Taxation for the defense of the country.
9. Ijtehad
Ijtehad is one of the sources dependent on Islamic law. If a matter is not expressly resolved in the Qur’an and Sunnah and by ijma, the jurist should not leave the matter unresolved, but should try very hard to find the solution in light of the Qur’an and Sunnah.
10. Municipal laws:
The municipal laws of the state are also the source of Islamic law as long as they are not contrary to Islamic concepts. It includes
Traditions
Judicial precedents
Legislation
Equality
11. Istehsan
Istehsan means preference of one over another considering the former good. When a deduced and analogous rule of law conflicts with Ijma or is likely to cause inconvenience because of its narrowness. Hanfi jurists refuse to follow it and give preference to the rule, which in their opinion would better promote the welfare of man and the interest of justice.
Types of istihsan
1. Istihsan-e-Qiyasi
2. Istihsan-e-Zarurat
3. Istihsan-e-Ijma
Importance of Istihsan
The Islamic legal system is not rigid, but much more flexible to be adopted according to changing circumstances and the needs of society. The Istehsan principle gives Muslim jurists the opportunity to interpret the law in accordance with the spirit and true intention of Islam.
12. Istidlal
Istidlal means to infer from a thing. It is the name of a different method of legal reasoning, which does not fall within the scope of interpretation or analogy.
Types of Istidlal
I. Expression of connection between two propositions.
ii. Isthab ul hal
iii. Authority of the law revealed above.
Importance of Istidlal
Istidlal as a secondary source of law is important in the elaboration of laws.
13. Taqlid
Taqlid denies the concept of Ijtihad and in fact it is just a delight, Taqlid means following the opinion of scholars. It is the discussion on the historical development of Islamic jurisprudence.
Final comments:
To conclude, it can be said that the Qur’an is the basic and main source of Islamic jurisprudence and laws. The basic sources of Islamic laws are the Qur’an and the Sunnah. His authority has not changed at all times. Qiyas and Ijma are considered to be an authoritative source of law that is subordinate to the Qur’an and Sunnah. All sources are relevant to Islamic jurisprudence and law-making.