SOURCES OF ISLAMIC LAW

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Q) What are the sources of Islamic Law?

A) INTRODUCTION : Islam is the complete code of life, It gives guidance in all walks of life. In pre-Islamic period, darkness and ignorance dominated human begins. Islam provides guidance for human begins by uprooting all immoral customs among human beings. It was a time that Islamic Law started developing.

 2. DEFINITION OF ISLAMIC LAW: Fiqh is knowledge of what is for a man's self and what is against a main's self.

3. SOURCES OF ISLAMIC LAW: 
  1. Quran: Quran is the first and primary source of law. The Holy Quran consists of those direct revelations, which were revealed upon Holy Prophet ( PBUH ) for guidence of all mankind. That is why, the Holy Quran is not only a complete code of creed and morals but also a complete code of law.
  2. Sunnah: Sunnah is considered second primary source of law. The Sunnah is closely linked with the Quran. It comprises all the words, counsels of the Prophet, actions, words and daily practices of the Holy Prophet (PBUH). Sunnah has great importance after the Holy Quran.
  3. Ijma: Ijma is considered third primary source of Islamic Law. Ijma means an agreement of consensus of Muslim scholars among the Muslims on a question of law during a particular age when no solution is present in the Holy Quran and Sunnah about such question of law. Ijma was started after the demise of the Holy Prophet (PBUH).
  4. Qiyas: Qiyas is considered fourth primary source of Islamic Law. Qiyas means finding of solution of some matter by making a deduction from what has already been laid down by the Holy Quran., Sunnah and Ijma in a situation in which no solution has been provided for such matter in the Holy Quran, Sunnah and Ijma.
  5. Istehsan: It means preference of one over another considering the former good. When a rule of law deduced by analogy is either in conflict with Ijma or is likely to cause inconvenience to tis narrowness. The Hanfi jurists refuse to follow it and give preference to rule which in their opinion would better advance the welfare of man and the interest of justice.
  6. Istidlal: Istidlali also considered a source of Islamic Law. It means inferring from a thing. There exist some differences among the Hanfis, Malikis and Shafis. The Hanfis consider it as a method of interpretation while the Malikis and Shafis consider it as a form of legal reasoning.
  7. Naska: Naska is also source of Islamic Law. It is tent of Quran and traditions which have either been totally abrogated or their application limited or modified by the subsequet text.
  8. Mursala: It means when nothing becomes clear in law after giving reasons then the course which is to be adopted according to Islamic spirit.
  9. Ijtehad: Ijtehad is one of the dependent source of Islamic Law. If a matter is not resolved expressly in Quran, Sunnah and Ijma, the jurists must not leave the matter unresolved rather he should strive hard to find out the solution under the light of Quran and Sunnah.
  10. Taqlid: Taqlid negates the concept of ijtehad. It means to follow the opinion of the learned. It is the discussion on the historical development of Islamic Jurisprudence.
  11. Customs: In pre-Islamic era, the Arab followed various immoral customs. Islam uprooted those immoral customs. Usually customs are given great importance as source of law in different legal systems. But Islamic Law does not recognize such importance of custom as its source.
4. CONCLUSION: We may conclude that Quran is the basic and primary source of Islamic jurisprudence and Laws. The basic source of Islamic Laws are Quran and Sunnah. Qiyas and Ijma are considered to be an authoritative sources of law being subservient to the Quran and Sunnah.

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