Sources of Islamic Law

Islamic law, also known as Sharia or Islamic jurisprudence, is derived from several
primary and secondary sources. The primary sources of Islamic law are considered
the most authoritative and are the foundation upon which Islamic legal principles
are built. The primary source of Islamic law, the Quran, holds a central and unique
position.

- Islamic is a complete code of life and thus, provides

guidance in every walk of life.
- Laws and principles for each and every kind of system can
be found in the Islamic literature.
- These laws are derived from a number of sources in an
organized and disciplined manner.

Primary Sources; Quran & Sunnah

Secondary Sources; Ijma’, Qiyas & Ijtihad

Tertiary Sources; Istihsan, Istis’hab, Maslahah Mursalah, Urf etc.

Quran
1. Meaning of the Quran:

 The word "Quran" is derived from the Arabic root word "qara'a,"
which means "to recite" or "to read aloud. It has five names as
mentioned in the Quran; Al-Quran, Al-Furqan, At-Tanzeel, Az-Zikr &
Al-Kitaab.

2. Revelation of the Quran:

 The Quran was revealed to the Prophet Muhammad over a period of

approximately 23 years. The first revelation occurred in the cave of
Hira near Mecca when Muhammad was 40 years old.
  The Quran was revealed in segments (known as Surah or chapters)
and verses (known as Ayahs) in response to various situations,
questions, and events that took place during the Prophet's life.

 The Quran is the final and complete revelation from God.

3. Responsibility for the Quran:

 The responsibility for preserving and disseminating the Quran lies

with several key groups and individuals:

a. Prophet Muhammad: Muhammad served as the recipient and conveyer of

the Quranic revelations. He received the divine message from Angel Gabriel
and recited it to his companions, who memorized and recorded it.

Protection & Collection of the Quran

PROTECTION
- Allah SWT Himself took responsibility of protecting it

“We ourselves have sent down the Zikr, and We are there to protect it.” (Al-Hijr:
9)

- The Prophet SAW was discouraged to recite it when it was being revealed,
instead, he was instructed to listen to it carefully. This proves that Allah had
taken it upon Himself that He Himself will protect it. This verse is often
interpreted to mean that Allah has taken it upon Himself to protect and
preserve the Quran from any corruption or alteration.

“Do not rush your tongue trying to memorize ˹a revelation of˺ the Quran. It is
certainly upon Us to ˹make you˺ memorize and recite it. So when We have
recited it [through Gabriel], then follow its recitation. Then it is surely upon Us
to make it clear ˹to you. (Al-Qiyamah: 16 – 19)
- The Prophet SAW used to recite all of what was revealed every Ramadan in
front of Jibreel A.S, and Jibreel A.S would do the same.

Collection :
The compilation of holy Quran took place in three stages:

1. During prophethood of the prophet Muhammad SAW.

2. During caliphate of abu bakr R.A
3. During caliphate of ottman bin affan R.A

- During Life Of Holy Prophet(S.A.W)

As the Quran was being revealed, the Prophet Muhammad made special
arrangements to ensure that it was written down. He SAW dictated the
verses orally and instructed scribes to mark down the revelation on
whatever materials were available: tree branches, stones, leather, and
bones. The scribes would then read their writing back to the Prophet, who
would check it for mistakes. With each new verse that was revealed, the
Prophet Muhammad also dictated its placement within the growing body of
text.

When the Prophet Muhammad died, the Quran has been fully written
down. It was not in book form, however. It was recorded on different
parchments and materials, held in the possession of the Companions of the
Prophet.

During Life Of Caliph Abu Bakr

After the death of the Prophet Muhammad, the entire Quran continued to
be remembered in the hearts of the early Muslims. Hundreds of the early
 Companions of the Prophet had memorized the entire revelation, and
Muslims daily recited large portions of the text from memory. Many of the
early Muslims also had personal written copies of the Quran recorded on
various materials.
Ten years after the Hijrah (632 C.E.), many of these scribes and early
Muslim devotees were killed in the Battle of Yamama. While the
community mourned the loss of their comrades, they also began to worry
about the long-term preservation of the Holy Quran. Umar R.A convinced
Abubakar that the Quran should be compiled at one place in writing, the
Caliph Abu Bakr ordered all people who had written pages of the Quran to
compile them in one place. It was organized and supervised by one of the
Prophet Muhammad’s key scribes, Zayd bin Thabit.

Selected based on the following criteria;

- Young 2. Wise 3. Blameless 4.Experience

- It was announced that whoever has a verse written with them, should bring
it to Zaid

- The verse/s were certified by;

- Zaid himself verified each verse with his memory.

- Umar, by his memory.both memorized the entire Quran.

- 2 witnesses were to be produced who would testify that these verses were
indeed written in front of the Prophet SAW

- The verse/s were compared with other written compilations

This method of cross-checking and verifying from more than one source
was undertaken with the utmost care. The purpose was to prepare an
organized document which the entire community could verify, endorse,
and use as a resource when needed.
This complete text of the Quran was kept in the possession of Abu Bakr,
and then passed on to the next Caliph, Umar ibn Al-Khattab. After his
 death, they were given to his daughter Hafsah (who was also a widow of
the Prophet Muhammad).

During Life Of Caliph Usman R.A

As Islam began to spread throughout the Arabian peninsula, more and

more people entered the fold of Islam from as far away as Persia and
Byzantine. Many of these new Muslims were not native Arabic speakers, or
they spoke a slightly different Arabic pronunciation from the tribes in
Makkah and Madinah. People began to dispute about which pronunciations
were most correct. Usman R.A was advised by Huzaifah to look into this
matter or else there will be extreme consequences

- Asked Hafsa R.A for the compilation of Abuabakar R.A and made a
committee of four including, Zaid, Abdullah bin Zubair, Abdur Rahman bin
Haris and Saeed bin Aas

- Quran was compiled with a certain font which accommodated all sorts of
Arabic dialects .

- 7 copies were made and distributed to Makkah, Syria Yemen, Bahrain,

Basra, Kufa & Madinah. Caliph usman bin Affan took charge of ensuring
that the recitation of the Quran is of a standard pronunciation.

-
The first step was to borrow the original, compiled copy of the Quran from
Hafsah. A committee of early Muslim scribes was tasked with making
transcripts of the original copy, and ensuring the sequence of the chapters
(surahs). When these perfect copies had been completed, Usman bin Affan
ordered all remaining transcripts to be destroyed, so that all copies of the
Quran were uniform in script.

All Qurans available in the world today are exactly identical to the Usmani
version, which was completed less than twenty years after the death of
 Prophet Muhammad.

Later, some minor improvements were made in the Arabic script (adding
dots and diacritical marks), to make it easier for non-Arabs to read.
However, the text of the Quran has remained the same.

- SUNNAH
- Introduction:-
Allah has given legislative powers to the Holy Prophet (PBUH), where on a
given matter the Holy Quran is silent then the teachings and examples of
the Holy Prophet (PBUH) provide us guidance. Sunnah is the practice of
Holy Prophet (PBUH). It is the second source of Islamic law and plays a
pivotal role in Islamic Legislation. The all life of Holy Prophet (PBUH) is code
of conduct for all Muslims. The Muslims can make progress by following
that course. In the present world only reason for the back wardness of the
Muslims is that the Muslims have left the way (course) of the Holy Prophet
(PBUH) and thus deprived of a good status in the modern world.
Meaning:-
a. Literal Meaning
In literal sense the word “Sunnah” a mode of life, a manner of acting, a rule
of conduct.
c. In views of the Ulema of Hadith
Sunnah means “Everything that relates to the Prophet i.e. his words, acts,
conduct and behaviour etc.”
d. In view of Ulema of Usul Al-Fiqh
Sunnah means “second primary source of deriving law”.
e. In view of Islamic Jurisprudence
In Islamic Jurisprudence Sunnah means, “Model Behaviour of the Prophet
(PBUH)”.Although in pre-Islamic Arabic this term was in vague and used in
reference to customs but Imam Shafi is the jurist who declared that by
Sunnah we mean only the Prophet’s behaviour, which is to be followed by
his ummah.
f. Meaning of Sunnah and Hadith
By Sunnah we mean the acts of the Prophet and by Hadith we mean the
sayings of the Prophet. This difference is necessary to explain the kinds of
Sunnah.
 Kinds or Classification of Sunnah:-
The Sunnah is classified into followings kinds.
a. Sunnah Qualiyah.
There are the statements and sayings of Holy Prophet (PBUH) have a
predominant role in the Islamic legal systems. Now it is the duty of every
Muslim that they must act according to their sayings.
b. Sunnah Failiyah.
All methods of performance of, actions and conduct of daily life of the Holy
Prophet (PBUH) come under this kind. The companions of Holy Prophet
(PBUH) give us detail about the actions of Prophet Muhammad.
- c. Sunnah Iqrariyah.
These are the acts which were performed before the Prophet Muhammad
(PBUH) by the other people and Holy Prophet (PBUH) responded in Silence.
Explanation of Sunnah in the Holy Quran/Sunnah is an Integeral Part of
Holy Quran:-
Quran is a book of Allah which contains the most broad and general
regulations for human life. There principles were demonstrated, explained
and interpreted by the Holy Prophet (PBUH).
Holy Quran Says:-
“Whoever obeyed Prophet (PBUH) he indirectly obeyed Allah.”
Holy Quran explains the role of Holy Prophet (PBUH):-
“I send with clear proofs and books. And I revealed to you the reminder
(Quran) so that you make clear to men what has been revealed to them
and that they may give thought.”
If we open the Holy Quran, we will see a long theory regarding our acts of
conduct etc. but the practical picture of Quran in visible in the actions of
the Prophet, it means we are indirectly following teachings of the Quran.
Holy Quran says:-
“And he does not speak of his own desire, it is all revealed on him”
Validity:-
Sunnah is not something separate from the Qur’anic law; as a matter of
fact; it is part of the law according to the Holy Quran. To challenge its
validity amounts to challenge the Quran and Allah’s order of delegation.
Secondary Source of Islamic Law:-
In the Holy Quran the verse from Surah Al-a-raf is giving support to the fact
that Sunnah i.e. the acts, saying, decision etc. of the Prophet Muhammad
(PBUH) are indeed a primary source for deriving law. There is a Hadith of
 Prophet Muhammad (PBUH) in the same effect i.e.
“Beware, I am giving the Holy Quran and something (Sunnah) along with
it.”
Importance of Sunnah:-
i. Meaning of Holy Quran is general, i.e. the Sunnah makes it particular and
specific.
ii. Sunnah may add the supplement the legal provisions of the Holy Quran.
iii. Absolute declarations of the Holy Quran are qualified by Sunnah.
iv. Qur’anic injunction is sometimes implicit and Sunnah makes it explicit by
providing essential ingredients and its details.
Function of Sunnah/Role of Sunnah in Islamic Legislation:-
The various ways that the Prophet Muhammad (PBUH) employed his
legislative powers are following.
i. Interpretative Function.
ii. Supplementary Function.
iii. Derivative Function.
iv. Repeal.
v. Implementation.
vi. Unveil the mysteries
vii. Role Model
viii. Preaching
ix. Explanation.
There the first three functions are most important role in legislation, so
discussed briefly below.
i. Interpretative Function
Interpretative legislation means to lay down a precedent by interpreting
the original text of Holy Quran. In this legislative dimension Sunnah
perform two main functions.
- (A). Specification of General Rule
Meaning of Holy Quran is general, the make it specific and partial.
For Example
a. Holy Quran says in Surah Al-Nisa “After any bequests he may have made
or debts have been paid.”The Prophet Muhammad (PBUH) specified that
the bequest must not exceed the one third of the property and that debt
take precedence over bequests and inheritance.
b. The division of inheritance is clearly stated in Holy Quran but living of
wealth for the non-Muslims relatives is not mentioned in Holy Quran. The
 Prophet Muhammad (PBUH) specified that “A Muslim may not inherit from
a non-Muslims nor a non-Muslim inherit from a Muslim.”
(B). Explanation of Implicit
The Qur’anic injunctions are sometimes implicit and Sunnah makes it
explicit by providing essential ingredients details.
a. The Holy Quran says, “And we revealed the Quran on you so that you
may explain to the people what is gradually revealed to them.” For example
relating to above verse, Holy Quran orders Prayers, Sunnah provides for
manner and time.
b. In Holy Quran, Allah has clarified some of the Haram and Halal. In case of
eatables and for the rest according to Quran “A general injunction is there”
the Holy Prophet (PBUH) mentioned the details of “Haram” and “Halal”
things.
c. The Holy Quran forbids the Nikah of two real sisters by a man at the
same time. The Holy Prophet (PBUH) included aunt (maternal or paternal),
and niece also under this command.
ii. Supplementary Function
Supplementary functions of Sunnah are actually the original legislation by
Sunnah. In supplementary function Sunnah adds original conditions to the
Hukm given in the Quran. This capacity of Sunnah provides another
argument in favour of Sunnah as Wahi-Ikhafi.
- Explanation
a. Supplementation by way of Explanation:
In the Holy there is a Hukm to perform Salat. Sunnah supplements it by
explaining its method. This supplementing by way of explanation by actions
of the Holy Prophet Muhammad (PBUH).
b. Supplementation by way of qualification:
The Sunnah made the absolute legal injunctions of Holy Quran subject to
certain Qualifications.
For Example
i. In case of theft the hand of the thief shall be cut off as enjoined by the
Hudood Allah, but Sunnah has laid down certain conditions for its
implementation like convict should not be a lunatic, should not be a child
etc.
ii. Quran sets the punishment of fornication as hundred stripes. According
to Sunnah the punishment for adultery is stoning to death (Rejam).
c. Supplementation by way of exception:
 Through Sunnah the Prophet Muhammad (PBUH) has created certain
exceptions to the general rule laid down by Quran. For example fish can be
eaten without slaying.
iii. Derivative Function:
The derivative function of Sunnah is different from interpretative and
supplementary function. It is not an original legislative function. The Hukm
in already present in Quran, we derive the rule through Sunnah.
Therefore these above explained are rule of legislation that an authority
who has power of law making can also delegate his powers to some person
or institution to frame the by-laws or rule for smooth running of the
procedural law. The by-laws are not separate from the actual law but are
the part and parcel of that law. These by-laws complete the real law. Allah
has adopted the same method in his law making.
Distinguished between Hadith and Sunnah
Generally people believe that the terms of Hadith and Sunnah cannot the
same meaning, they regard generally the precepts of Holy Prophet
Muhammad (PBUH) as Hadith or Sunnah. This concept is not altogether
correct. We may distinguish Hadith and Sunnah as follows.
- HADITH SUNNAH
Generally Hadith refers to the sayings of the Holy Prophet Muhammad
(PBUH) Whereas Sunnah refers to the acts of the Holy Prophet Muhammad
(PBUH)
Hadith is the statements or dictates of the Holy Prophet Muhammad
(PBUH) Whereas Sunnah is practices of the Holy Prophet Muhammad
(PBUH)
Sunnah is embodied in Hadith But Sunnah is not itself a Hadith
Hadith refers to a tradition or story of the Holy Prophet Muhammad
(PBUH). Sunnah relates to the rules of law of Law deduced from it.