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.
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.
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.
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