sources of sharia 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 moral law and legal provisions. According to Islam, the ultimate source of any authority is God alone.
sources of sharia law
1. Quran
The Koran is the first and main 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 by itself.
Importance
As the primary source of 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 the provisions of war and peace are intended to regulate man’s ties with other beings.
2. Sunnah
The second source of Islamic law is the Sunnah. The Sunnah is closely related to the Qur’an. It consists of:
All words of advice from the Prophet (SAWW)
Daily Actions, Words, and Practices of the Prophet Hold (SAWW).
Silence that implies a tacit approval on your part of any individual act committed by the disciplines.
Importance
Sunnah has great importance after Quran. It describes the functions of the Holy Prophet (SAWW), that is, announcing the revelation before the people, then giving guidance.
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 issue.
Ijma Base
Ijma may be based on
Koran
sunnah
Analogy
Types of Ijma
Express
Tacit
Qawli
sakuti
Importance
Ijma as a source of law is of great importance. It helps in the interpretation of the laws according to the changing needs of the times and new legislation can be made through its processes.
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 for Islamic law.
6. The nature of the laws establishes
The Holy Qur’an is a code of conduct that sets out 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 for Islamic laws. It is the store of the Koran and the tradition that have been totally abrogated or their application limited or modified by the subsequent text.
8. Muslalah Mursala
Muslalah Mursala means that when nothing is made clear in the law after giving reasons, then the course to be taken is in accordance with the Islamic spirit, eg. Taxation for the defense of the fatherland.
9. Ikhtehad
Ijtehad is one of the dependent sources of Islamic law. If a matter is not resolved expressly in the Qur’an and Sunnah and by means of ijma, the jurist should not leave the matter unresolved, but should try very hard to find the solution in the light of the Qur’an and Sunnah.
10. Municipal Laws:
State municipal laws are also the source of Islamic law as long as they are not contrary to Islamic concepts. It includes
Customs
court precedents
Legislation
equality
11. Isteh-san
Istehsan means preference of one over another considering the previous good. When a deduced and analogous rule of law conflicts with Ijma or is likely to inconvenience its narrowness. The Hanfis jurists refuse to follow him and give preference to the rule, which in their opinion would better promote the well-being 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 is much more flexible to be adopted according to the changing circumstances and needs of the society. The Istehsan principle provides an opportunity for Muslim jurists to interpret the law in accordance with the spirit and true intent of Islam.
12. Istidal
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
Yo. Expression of connection existing between two propositions.
ii. isthab ulhal
iii. Authority of above disclosed law.
Importance of Istidlal
Istidlal as a secondary source of law has importance in the making of laws.
13. Taqlid
Taqlid denies the concept of Ijtihad and in fact only reveals it, Taqlid means to follow the opinion of scholars. It is the discussion about the historical development of Islamic Jurisprudence.
Final remarks:
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 law are the Qur’an and the Sunnah. His authority is unalterable at all times. Qiyas and Ijma are considered to be an authoritative source of law that is subservient to the Qur’an and Sunnah. All sources have importance in Islamic jurisprudence and law making.