Sources of Islam /Shari’ah

• Definition of Islam• Definition of Shari’ah• Sources of Shari’ah

Presentation Outline

Islamic Economic SystemIslamic Economic System

What is Islam?

Islam is a religion that provides a set of rules for life and we therefore call it a 'code of life' which means a code or system that covers all aspects of life of a human being.

SHARI’AHSHARI’AH

1. Lexical meaning: Plain Way

2. Technical meaning:The Divine Law

Definition

Then We have put you (O prophet) on a plain way of (our) commandment. So follow it and do not follow the desires of those who do not know. (45:18)

Definition

1. The Holy Qur’an2. The Sunnah of the Holy Prophet (SAW)3. Ijma’ (consensus of the Ummah)4. Qiyas (Anology)

Sources of Shari’ah

Express Injunctions have no room for different interpretations

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

The Holy Quran

Interpretation of Quran

1. Beliefs

2. Jurisprudence

3. Incidents and Events

4. Examples

The Holy Quran

Interpretation of Quran

2. Jurisprudence

a. Types of Jurisprudencei. Ibadaat ii. Mua’amlatiii. Ibadaat + Mua’amlat

b. Levels of Jurisprudence

1. Fard 2. Wajib 3. Masnoon 4. Mustahab

5. Mubah 6. Makrooh Tanzihi 7. Makrooh Tahrimi

8. Haram

The Holy Quran

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

Ijma’ means consensus of the earliest scholars of the ummah on a particular issue

The Holy Prophet (SAW) has said:

My Ummah shall never be combined on an error.

Ijma

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.

Ijtihad is the part of Qiyas (Analogy)

Qiyas (Analogy)

Literal meanings:To exert one’s utmost effort

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

Shariah in a particular matter

Ijtihad

When 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 Sunnah of Allah’s Messenger”.

Origin of Ijtihad

“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)

Origin of Ijtihad

MisconceptionMisconception

• 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 and ease.

• Ijtihad may be exercised only where no explicit provision is found in the Quran or Sunnah

• Ijtihad is to discover the Divine rule in the light of the principles laid down by the Holy Quran and Sunnah

• Ijtihad is an impartial way to discover the Divine law, irrespective of it leads to a concession or to a strict ruling.

Correct PositionCorrect Position

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” Critical studies of the traditions relevant to

the exegesis of the Quran Sunnah

Requirement of Ijtihad

Extensive knowledge of :

Critical studies of “ahadith” and their authenticity

Islamic jurisprudence (Fiqh)

Requirement of Ijtihad

Jazak-a-Allah-al-Khair