Introduction:

Fiqh or Islamic jurisprudence is the source of a range of laws indifferent topics that govern the lives of the Muslims in all facets ofeveryday life. The word “Fiqh” is an Arabic term meaning “deepunderstanding” or “ full comprehension”.

Sources of Islamic Jurisprudence:

Fiqh is an expansion of Shariah or Islamic law based on fivesources which are classified into primary and secondary:

Primary sources:

The Quran

Sunnah

Secondary sources:

Ijma(Consensus of opinion)

Qiyas

Ijtihad

Introduction:

The primary source of Islamic law is Holy Quran . The Qurancontains a set of moral and judicial injunctions which are the basisof Islamic law and concern life of human beings in every detail.

The Quran as a source L aw

The early revelations revealed in Makkah deal largely with beliefsand morals. It was later, after the Prophet’s (PBUH) migration toMadinah when Muslims lived in an organised society that theprinciples regarding crime, succession and international law wererevealed. The basic law in Quran is mainly contained in a simplesentence on which whole structure of law can be built.

Example:

Give full measure when you measure and weigh with a balance that is straight .

(17:35)Importance of Quran as source of law:

The Quranic law is everlasting , perpetual, and universal.

Introduction:

Sunnah is the actual embodiment of the will of Allah shown in theactions of His Messenger(PBUH). Hadith means all sayings, deeds,his silent approval of behavior of his companions and descriptionof his personality.

Sunnah and Hadith as Source of Law

The Holy Quran being the word of Allah treats, major issues andoften deals with subjects in brief terms, leaving details to beexplained by Holy Prophet. In the words of Quran,

“and We have sent down unto Thee The Message that thou mayest explain clearly to men what is sent for them-”(16:44)Example:

In the Quran we are commanded to pay zakat by all Muslims. Butthe percentage and exact amount is unspecified. All these detailswere learnt by the Prophet’s deeds or words. The clarification ofthe Quran was provided by the Holy Prophet(PBUH) who himselfparticipated in Shariah formation.

“No sadaqa (zakat) is payable on less than five wasqs( of grain or dates) or less than five camel heads and on less than

five uqiyas (of silver).” (Muslim)

The Six Books of Reliable Hadith

The six books of hadith compiled by the four great imams areusually consulted to formulate laws in Islam. They are,

Sahih Bukhari compiled by, Imam Muhammad ibn Ismail-al-Bukhari (194—256) A.H.

Sahih Muslim compiled by, Imam Muslim ibn Hajjaj (202—261) A.H.

Al Jami compiled by , Al-Tirmizi (210—279 A.H.)

Kitab al Sunnah compiled by, Al-Nasai (215—303 A.H.)

Al Sunan compiled by, Abu Dawud (205—275 A.H.)

Kitab al Sunnah compiled by, Ibn Majah.

Introduction:Ijma means agreeing upon or uniting in opinion. It means theconsensus of Islamic community on some point of law. It canoperate only where Quran and Hadith have not clarified a certainaspect of law.

Ijma as a Source of LawThe Holy Prophet(PBUH) said,

“Whatever the Muslims hold to be good before Allah. It is incumbent upon you to follow the most numerous body.

Whoever seperates himself from the main body will go to hell. If you yourselves do not know then question those who

do.”Types of Ijma:1) Ijma or consensus of the companions of the Holy

Prophet(PBUH) which is also universally accepted andbinding.

2. Ijma of jurists.

3. Ijma of the people, the general body of the Muslim community.

Among the Sunni jurists there is diversity on who is eligible to participate in Ijma, as shown in table.

School of jurisprudence Formation of ijma' Rationale

Hanafi through public agreement of Islamic jurists the jurists are experts on legal matters

Shafi'ithrough agreement of the entire community and public at large

the people cannot agree on anything erroneous

Malikithrough agreement amongst the residents of Medina, the first Islamic capital

Islamic tradition says "Medina expels bad people like the furnace expels impurities from iron"

Hanbalithrough agreement and practice of Muhammad's Companions

they were the most knowledgeable on religious matters and rightly guided

Usulionly the consensus of the ulama of the same period as the Prophet or Shia Imams is binding.

consensus is not genuinely binding in its own right, rather it is binding in as much as it is a means of discovering the Sunnah.

Introduction:

Qiyas or analogical deduction is the fourth source of Shariah forSunni jurisprudence. Qiyas is the process of legal deductionaccording which the jurists , confronted with an unprecedentedcase , bases his or her argument on logic used in Quran andSunnah. Qiyas must not be based on arbitrary judgment, butrather be firmly rooted in primary sources.

Qiyas as a Source of Law

According to a Hadith,

“Where there is no revealed injunction, I will judge amongst you according to reason.”

The general principle behind the process of Qiyas is based onunderstanding that every legal injunction guarantees a beneficialand welfare objective. Thus if the cause of an injunction can bededuced from the primary sources, than analogical deduction canbe applied to cases with similar causes.

Example:

Wine is prohibited in Islam because of its intoxicating effects. Therefore , qiyas leads to the conclusion that all intoxicants are forbidden.

Introduction:

Ijtihad is the making of a decision in Islamic law by personal effort,independantly of any school of jurisprudence, following the decisions ofreligious expert without necessarily examining the scriptural basis orreasoning for that decision.

Qualification of Mujtahid:

A mujtahid is an Islamic scholar who is competent enough to interpret shariah by ijtihad. He should fulfill the following conditions to be a mujtihad,

• Upright character whose judgment people can trust.

• Knowledge of the Quran.

• Knowledge of Hadith.

• Knowledge of Arab linguistics

• Knowledge of Qiyas. In this case, the above mentioned ruling (which is derived from the Quran and Sunnah) should not be apparent in the Quran and Sunnah or Ijma’.