SOURCES OF SHARIAH

Sources of Shariah

SHARI’AH

1. Lexical meaning: Plain Way2. Technical meaning:

The Divine Law

Sources of

shariah

Wahi

Quran Sunnah

Ijtehad

Ijma Qiyas

The Sources of ShariahWhen the Holy Prophet (SAW) intended to send his companion

Mu’adh, may Allah be pleased with him, to Yaman as a ruler and as a judge, he asked him: How will you adjudicate a

matter when it will come to you?He Said, “I shall decide on the basis of Allah’s Book (the Holy

Quran)”The Holy Prophet asked, “if you do not find it in Allah’s Book

(what will you do)?He said: “ then, on the basis of the Sunnahof Allah’s

Messenger”.

The Sources of Shariah“If you do not find it even in the Sunnah of Allah’s Messenger

(what will you do)? The Holy Prophet asked.He replied: “I shall make ijtihad on the basis of my

understanding and will not spare any effort (to reach the truth).

On this the Holy Prophet (SAW) said, “ Praise be to Allah, who has let the messenger of the messenger of Allah to do what

pleases Allah’s messenger”.(Abu Dawood, Hadith no3592)

IJTIHAD

• Literal meanings:To exert one’s utmost effort

Technical Meaning:To exert utmost effort to discover a ruling of Shariah

in a particular matter

Misconception

• Ijtihad can be exercised even against the explicit provisions of the Holy Quran and Sunnah.

• Ijtihad is to follow one’s own opinion based on purely rational assessment.

• Ijtihad is meant only provide concessions.

1. Ijtihad may be exercised only where no explict provision found in the Quran or Sunnah

2. Ijtihad is to discover the Divine rule in the light of the principles of theHoly Quran and Sunnah

3. Iijtihad is an to discover the Divine law, irrespective of it leads to a concession or to a strict ruling.

Correct Position

REQUIREMENTS OF IJTIHAD

Extensive knowledge of

The Arabic language and literature

The Holy Quran

The back ground of the verses of the Holy Quran called” Asbab-un-nuzool”

Critcal studies of the traditions relevant to the exegesis of the Quran

Sunnah

Critical studies of “ahadith” and their authenticity

Islamic jurisprudence

The Holy Qur’anThe Sunnah of the

Holy Prophet (SAW)

Ijma’ (consensus of the Ummah)

Qiyas (Anology)

SOURCES OF

SHARIAH

THE HOLY QUR’AN

Express Injunctions have no room for interpretation or ijtihad

Implied injunctions may be interpreted in different ways by way of inference or ijtihad

SUNNAH• Definition:

A word spoken or an act done or ratified by the Holy Prophet (peace be upon him)

It is a source of law because the Holy Quran itself has made it obligatory for every believer that he obeys and follows the Holy Prophet:

SUNNAH

And obey Allah and His Messenger, if you are believers (8:1)

SUNNAH

So, believe in Allah and His Messenger, the unlettered prophet who believes in Allah and His words, and follow him, so that you may be on the right path.

IJMA’Ijma’ means consensus of the scholars of the

ummah on a particular issueThe Holy Prophet (SAW) has said:

My Ummah shall never be combined on an error.

QIYAS (Analogy)• To apply a recognized rule of Shariah expressly

mentioned in the Holy Quran and Sunnah to a similar thing or situation by way of analogy.

• Every Hukm e sharia must have a reason behind it.

• Some times that reason is crystal clear like

• So what about if a rat or a mice drink some of the water

• Will it be najas?(ناپاک) • Or you can use it for Wuzu?

• This hadith simply implies that every thing that makes you insane/out of conscious is Haram. So the reason of being haram is making one self unconscious.

• Some times that reason is not so clear like:

JAZAK ALLAH