SOURCES OF SHARIA LAW

SOURCES OF SHARIA LAW (ISLAMIC LAW)
All religions have sets of codified laws, but they take on special importance for
the Islamic faith, since these are the rules that govern not only the religious lives
of Muslims but also form the basis of civil law in nations that are Islamic
Republics, such as Pakistan, Afghanistan, and Iran. Even in nations that are not
formally Islamic republics, such as Saudi Arabia and Iraq, the overwhelming
percentage of Muslim citizens causes these nations to adopt laws and principles
heavily influenced by Islamic religious law.
Islamic law is based upon four main sources, outlined below.
I.

THE QURAN

Muslims believe the Quran to be the direct words of Allah, as revealed to and
transmitted by the Prophet Muhammad. All sources of Islamic law must be in
essential agreement with the Quran, the most fundamental source of Islamic
knowledge. The Quran is therefore regarded as the definitive authority on matters
of Islamic law and practice. The Quran is aimed at establishing basic standards
for Muslim societies and guiding these communities in terms of their rights and
obligations. At the time of its revelation, it provided a set of progressive
principles. It advances values such as compassion, good faith, justice and
religious ethics. When the Quran itself does not speak directly or in detail about a
certain subject, only then do Muslims turn to alternative sources of Islamic law.

The page of Quran is written in gold


The Holy Quran book

Inscriptions Quran

Decorative Art in Quran


II.

THE SUNNAH

Sunnah is collection of writings documenting the traditions or known practices of
the Prophet Muhammad, many of which have been recorded in the volumes
of Hadith literature. The resources include many things that he said, did, or
agreed to—mostly based on life and practice based entirely on the words and
principles of the Quran. During his lifetime, the Prophet's family and companions
observed him and shared with others exactly what they had seen in his words and
behaviors—in other words, how he performed ablutions, how he prayed, and
how he performed many other acts of worship.
While the Quran was recorded within a relatively short time, the recording of the
Sunna took a much longer period. There is a significant debate over the
authenticity and accuracy of some of the Sunna and there have been comments as
to the possibility of fabrication in the recording of the Sunna.
It was also common for people to ask the Prophet directly for legal rulings on
various matters. When he passed judgment on such matters, all of these details
were recorded, and they were used for reference in future legal rulings. Many
issues concerning personal conduct, community and family relations, political
matters, etc. were addressed during the time of the Prophet, decided by him, and
recorded. The Sunnah can thus serve to clarify details of what is stated generally
in the Quran, making its laws applicable to real-life situations.


Books follow to the Sunnah
III.

IJMA' (CONSENSUS)

In situations when Muslims have not been able to find a specific legal ruling in
the Quran or Sunnah, the consensus of the community is sought (or at least the
consensus of the legal scholars within the community). In order to prevent
controversy and contradictions in legal opinions, Muslim jurists extensively refer
to the notion of consensus (ijma). The concept of ijma is one of those that are
disputed in Islamic legal practice.
Interestingly, when speaking of ijma, Weiss noted “an arena of much more
pervasive inter-Muslim controversy, an arena in which the most fundamental
matters are debated.
The Prophet Muhammad once said that his community (i.e. the Muslim
community) would never agree on an error.
The Ijma reflects the natural evolution and acceptance of ideas in the life of the
Muslim Umma, and ensures the correct interpretation of the Qur’an and Sunnah.
Then, it enhances the authority of rules that are of speculative origin. For
example, the prohibition of simultaneous marriage to the close relative of one’s


wife. Besides, it represents an authority of its own right once it is establishe


IV.

QIYAS (ANALOGY)

In the absence of concrete answers from the Qur’an and Hadith, Muslim jurists
would look for an analogous situation in which a decision had been made. In
cases when something needs a legal ruling but has not been clearly addressed in

the other sources, judges may use the analogy, reasoning, and legal precedent to
decide new case law. This is often the case when a general principle can be
applied to new situations.
For example, when recent scientific evidence showed that tobacco smoking is
hazardous to human health, Islamic authorities deduced that the Prophet
Mohammad's words "Do not harm yourselves or others" could only indicate that
smoking should be forbidden for Muslims.