ISLAMIC JURISPRUDENCE

Quran:
Q. Write a detailed note on Quran primary source of law.
(2002, 2003)
Q. Write a detailed note on Quran as primary source of
Islamic law. (2003/S)
1. Introduction:
The Holy Quran is the name of book consisting of those direct revelations which
were made to the Holy Prophet Hazrat Muhammad (Pace Be Upon Him). It is in the
very words of Allah almighty. Quran is the primary source of law. It is first in the
order of primary sources and thus the first search for a hukm is to be in the Quran
and the jurist should not move to the next source unless the search in the Quran
has been completed.
2. Meaning and definition of holy Quran.
(I) Meaning:
Quran is derived from the Arabic word Quran a which means To dead.
(II) Definition:
Many jurists have attempted to define. Holy Quran, but they maintain that the
purpose of definition is not to grasp the nature of the Quran.
Definition by Al-Bazdawl.
The Quran is the book revealed to the messenger of Allah, Muhammad (Peace Be
Upon Him) as written in the masahif and transmitted to us from him through an
authentic continuous narration without doubt.
3. Revelation of the holy Quran
Holy Quran is a book of Allah which is revealed to Holy Prophet (Peace Be Upon
Him). The first revelation came to the Holy Prophet (Peace Be Upon Him) when he
was forty years of age. Following verses of Surah-Al-Alaq were revealed to him.
Read in the name of thy lord, who create the man from a clot.
Read! And it is thy lord the most bountiful. Who teacheth by the pen. Teacheth man
that which he knew not.
(Al-Alaq: 1-5)

4. Attributes of the holy Quran

There are 55 alternative names or attributes of the holy Quran e. g Al-Kitab, AlFurqan, Al-Noor etc.
5. Quran as a source of law
The holy Quran is a complete code of creed and morals as well as of the laws based
thereupon. The Quran seeks to guide man in all walks of life spiritual temporal,
individual and collective Quran says.
And we have revealed the scripture unto the only that thou may explain unto them
that wherein they differ, and (as) a guidance and a mercy for a people who believe.
(16: 64)
There are the limits of Allah (hadud Allah) so do not near them. (2: 187)
(I)

Divisions of verses of holy Quran

The holy Quran is divided into 30 division called Ajza or Paras and into 114
chapters called Surrah. Which considts of 6666 verses. These verses divided in
three sections or portions.
(i)

First portion

First portion deals with religion and its duties e. g. belief in one Allah, day of
judgement etc.
(ii)

Second portion

Second portion deals with Quranic ethics.

(iii)

Third portion

Third portion is related with Muamalat. It regulates the relationship of individuals

among themselves, with states etc. it deals with sales and purchase, lease and
mortgages, evidence, torts and contracts etc.
(II)

Ahkam in the holy Quran

Two main categories of Hukm have been classified by the Muslim jurists.
(i)

Hukm Taklifi

(ii)

Hukm Wadi

(i)

Hukm Taklifi

The aim of the hukm Taqlifi is to create an obligation for the commission or
omission of an act.
(ii)

Hukm Wadi

The aim of hukm wadi is to either inform a subject that certain thing is a cause of
condition for or obstacle to a hukm or is to explain the relationship that exists
between two rules or to provide the criterion for judging whether an act perform
is valid or not.
(III)

Category of laws reveled

Most of the verses containing rules of law were revealed with reference to cases
which arose during the lifetime of the holy Prophet (Peace Be Upon Him). These
may be categorized as under.
(i)

Abrogating verses

Verses which repeal or abrogate objectionable customs like usury gambling and
unlimited polygamy.
(ii)

Verses affecting social reforms

Verses which affects social reforms such as by raising the legal status of woman,
setting the question of succession and inheritance on equitable basis.
(iii)

Verses providing rights

Verses providing protection for the rights of minors and other persons under
disability.
(iv)

Penal verses

Verses providing principal f punishment for the purpose of securing place and
order.
(v)

Legal verses

These are the verses providing constitutional and administrative matters.

These verses principally occur in the madni Surahs.
(VI) Nature of laws lays down
The Holy Quran is a code of conduct laying down the fundamental principles and
not the detailed provisions so in case of ambiguity reference should be made to
the Sunnah.
6. Position in Pakistan

Pakistan is an Islamic state and since the creation of Pakistan, attempts have
been made at different times to modify the existing laws in the light of Quran
and Sunnah.
Article 227 of constitution of Pakistan 1973, runs as follows.
All existing laws shell be brought in conformity with the injunctions of Islam as
laid down in the holy Quran and Sunnah.

7. Constitutional status of Quran

In the west constitutional law is called the supreme law of the land. In Islamic
jurisprudence Quran is the constitutional law. It has all those features which a
modern constitution have. The Quran provides all norms and principal for
statehood.
8. Conclusion
To conclude, I can say, that the holy Quran is the first primary source of Islamic
law. All other sources derive their validity from the holy Quran which is in the
direct words of Allah almighty who is complete sovereign over the entire
universe, but it is to be noted that it is not a book of law. It is a book of guidance
for the mankind, so it does not contain a detailed corpus of legislation.

SUNNAH:
Q. Describe various kinds of Sunnah mentioning their role in Islamic legislation. (2003)
Q. Quran and Sunnah cannot be detached from each other. Support your answer with
reason.(2002)
Q. Discuss the difference between Sunnah and Hadith. (2001) (1998) (1996)
Q. Discuss and explain the importance of Sunnah as a source of Islamic law. (1998) (1997)
(1996)
Q. Quran cannot be understood without Sunnah. (1995) (1993)
Q. Discuss Sunnah as a source of Islamic law what are it kinds. (2004/A 2007/A)
Q. Discuss Sunnah as source of law. (2005/S)
1. Introduction
Sunnah is the second primary source of Islamic law. If the mujtahid does not find a text in the
Quran for a case he has to settle, he has recourse to the Sunnah for the derivation of the Hukms.
There is a special bond between Quran and Sunnah which must not be severed as Sunnah is the
explanation of the holy Quran.
2. Meaning meaning
(I) Literal meaning
The word Sunnah stands for the Well know path or Well-trodden path. Which is followed
again and again.
(II) Technical meaning

What was transmitted from the messenger of Allah (Peace Be Upon Him) of his words, acts and
approvals.
3. Kinds of Sunnah
Following are the kinds of Sunnah.
(i) According to its nature
(ii) According to its written record
(I) According to its nature
According to its nature, Sunnah is of following types.
(i) Sunnah al Qawliah
It is the saying or narration of the prophet (Peace Be Upon Him) through which he intended the
laying down of the law or the explanation of the Ahkam.
Example:
(i) La darar Wa-la dirar
(No injury is to be caused and none is to borne)
(ii) Sunnah Al Filiyah
It is defined as the deeds and practices of the Prophet (Peace Be Upon Him) having a legal
content like his prayers, fasts etc.
(iii) Sunnah Taqririyah
It is defined as the commission of certain acts, by word or deed. If something was done in a
particular way and Prophet (Peace Be Upon Him) maintained silence without expressing
disproval to it, his silence in such a case is called taqrir or tacit approval and is considered a
Sunnah.
(II) According to its written recode
Sunnah may also be classified according to its entire written record, that is Ahadith.
(A) Division of Ahadith
With respect to its narration, Ahadith are divided into two types.
(i) Hadith Muttasil
(ii) Hadith Mursal
(i) Hadith Muttasil
The hadith whose chain of narration. Is complete. These are the ones in which the narrator are
mentioned from the beginning of the sands upon the Prophet (Peace Be Upon Him)and no
narrator is missing.
Types of hadith Muttasil
Following are the types of hadith Muttasil
(a) Hadith Mutawatir
It is one that is related by such a large umber of people that their agreement to propagate a
falsehood cannot be conceived. Twatur is of two types.
Twatur Lafzi
When all the narrators agree about the words as well as meaning the hadith is called twatur Lafzi.
For example. Following Hadith is twatur Lafzi.
He who attributes falsehood to me should prepare his abode in the fire.
Twatur Manawi (Meaning)
It is a Hadith which coveys the same meaning even if the words are not exactly the same.
(b) Hadith Mashhur

The mashhur tradition is one the number of whose reporters do no reach the level of twatur in the
first generation. Thus if one or two companions related the tradition from the prophet but in the
next generation of tabium, a very large number related from them and so on till the end of the
chain when the traditions were compiled then such a tradition is called mashhur.
(c) Hadith Ahad
The Hadith Ahad or the Khabar Wahid is reported by one or two persons from the beginning of
its chain up to its end when all traditions were recorded.
(ii) Hadith Mursal
Hadith Mursal is one that is not continuous and one or more names of the narrators are missing
from the chain of narration the jurists disagreed about the employment of a Mursal hadith as
proof for a Hukm.

4. Sunnah as a source of law

Allah almighty has delegated legislative powers to the Holy Prophet (Peace Be Upon Him). The
Quran from time and again makes the prophetic Sunnah as obligatory on the Muslims the reason
why Sunnah is treated as a source of law is based on the argument that Sunnah of Holy Prophet
(Peace Be Upon Him) was also revealed on him.
And came to you from God the light (Prophet) and the book. (Surah Al-Maida 15)
And remember what is read in your houses out of the Quran and the Hikma (sunhah).
(surah-Al-Ahzaab 34)
(I) Derivation of the authority of Sunnah
The authority of the Sunah as a source of law is derived from the Quran. Following Quranic
verses throws light on the importance of Sunnah.
If ye differ in anything among yourselves, refer it to the Allah and his Prophet (Peace Be Upon
Him) (Surah Al-Nisa 59)
And he does not speak of his own desire all is revealed on him. (Sura Al-Nahal)
He who obyes the Prophet (Peace Be Upon Him) obeys Allah. (Surah Al Nisa : 80)
(II) Legislative function of Sunnah
Sunnah is the second primary source of law. The jurists must recourse to the Quran first for the
search of the Hukm and should not move to the Sunnah unless the Search in the Quran has been
completed. More often than not, it is not possible for the jurist to understand the meaning of the
text of the Quran for the derivation of the Ahkams, unless he has recourse to the explanation and
commentary of the Quran which is Sunnah itself.
(i) Qualification for Sunnah as source of law
It is not every Sunnah that is a Source of law. To qualify Sunnah as a source of law, it is
necessary that the acts must have a legal content. The purpose of the saying or acts of the Holy
Prophet (Peace Be Upon Him) should be the laying down of the law or its elaboration.
(ii) Original law-making by Sunnah
Where some Hukm is not mentioned in the Quran and Holy Prophet (Peace Be Upon Him)
decides it according to its own wisdom, it becomes a source of original law making.
(iii) Legislative function of Sunnah with respect to holy Quran or relationship between Quran
and Sunnah.
Quran laid down the basic principles and Sunnah explains these principles. The legislative

function of Sunnah with respect to the Holy Quran or the relationship between Quran and
Sunnah can be discussed as under.
(a) Specification of general rule
The Ahkams in the Quran is in general, undetermined form. The Sunnah restricts or qualifies
these Ahkams.
Example:
Quran says that for the male two shares of the female the Sunnah explains that the murdered
will not inherit.
(b) Elaboration of Ahkams
The Ahkams in Quran are general in unelaborated from. The Sunnah elaborates these Ahkams.
Example:
Quran order prayer, Sunnah provide for timing, number and Rak as of prayers.
(c) Analogy on the basis of rule in Quran
The Sunnah may add or supplement the legal provision of the Quran.
Quran prohibits marriage of two sisters with one man. Sunnah prohibits it which maternal or
paternal aunt.
(d) Linkage of case with well known principle
Sunnah links a case with the well-known principal mentioned in the Holy Quran.
Example
Quran has permitted all goods things and has commanded the avoidance of Khabaith. The
Sunnah has linked with the Khabith the consumption of animals with morals and birds with
claws.
(e) General principal laid down by Sunnah
Some times Sunnah lays down a general principal.
Example:
Sunnah lays down the principal No injury is to be caused or borne. Quran mentions a number
of cases in which injury t others has been prohibited.
(f) Explanation of the implicit
The Quranic injunctions are sometimes implicit and the Sunnah makes it explicit by providing
the details.
Example:
Quran provides that the hands of each thief are to be cut. The Sunnah restricts this to the thief
who steals wealth equivalent to the Nisab and from the protective custody.
5. Difference between Sunnah and Hadith
Hadith is the noun derived from the word Hadatha which means a tale or verbal
communication of any kind. In legal sense Hadith means saying of Holy Prophet (Peace Be
Upon Him) which must be practiced. Sunnah and Hadith means one and the same thing, yet there
are few differences between these two terms.
(i) As to meaning
Hadith means saying of Holy Prophet (Peace Be Upon Him)
Sunnah refers to every saying of Holy Prophet (Peace Be Upon Him) and to every act which he
did or performed and every act which was permitted to be done by him.
(ii) Scope
Sunnah is bigger in scope
Hadith is narrow in scope as it refers to only the sayings of Holy Prophet (Peace Be Upon Him)
(iii) As to element

Sunnah is a complete term which has three elements

Hadith is one element of Sunnah.
(iv) As to activity
Hadith consisted in some sort of activity. There must be saying of the Holy Prophet (Peace Be
UPON Him).
In Sunnah, there may be no activity. It may be that act of Holy Prophet (Peace Be Upon Him)
where he kept quiet in case he saw people doing a particular thing.
(v) As to collection
Hadith have been collected and compiled in a proper form
Collection of Sunnah was never made and it is out of collection.
6. Constitutional status of Sunnah
In constitutional making Sunnah has a great role. God has delegated legislative powers to the
Holy Prophet. He (S. A. W) gave practical shape and concrete form to the injunctions of Quran.
7. Conclusion
To conclude, I can say, that Sunnah is the second primary source of Islamic law. It is interlinked
with the Quran insofar as it restricts its general meaning or qualifies its absolute texts or explains
its difficult words.
IJMA:
Q. Define and discuss Ijma and Qiyas as source of Islamic law. (2002)
Q. Define Ijma. What are its kinds and how it is conducted. (2002/A,
2005/A)
Q. Ijma is a valid surce of Islamic law. (1995, 1997, 2000)
Q. Define Ijma. What are its kinds? How it is conducted? (2006/S)
1. Introduction
Ijma is the primary source of law. It means determination or consensus. The
society which was established by the Holy Quran and the Sunnah is a living society
so the Allah almighty gave sanction to the consensus of the Muslim to meet the
arising needs of the time.
2. Meaning and definition of Ijma
(I) Meaning of Ijma
Ijma is the verbal noun of the Arabic word Ajmaa it is used in two senses.
(i) Determination and resolution
(ii) Agreement upon a matter
(II) Definition of Ijma
Ijma is defined as agreement of the jurists among the followers of Mohammadan in
a particular age on a question of law.
3. Basis of Ijma
Ijma may be based on:
(i) Quran
(ii) Hadith or
(iii) Analogy

4. Reasons or arguments in support of Ijma

Allah almighty has completer the Islamic religion and Hazrat Muhammad (Peace Be
Upon Him) was the last of the Prophets (Peace Be Upon Him), so it necessarily
follows that any rule of law, which is not found to be explicitly laid down in the
Quran or by the precepts of the Holy Prophet, must be capable of being deduced
from them, so Ijma is permitted.
(I) Quranic verses in support of Ijma
Following Quranic verses support the conception of Ijma.
You are the best of man, and it is your duty to order men to do what is right and to
forbid them from practicing what is wrong.
Obey God and obey the Prophet (Peace be Upon Him) and those amongst you who
have authority.
If you yourself do not know, then question those who do.
(II) Hadith in support of Ijma
Following Ahadith also support the concept of Ijma.
My following will never agree upon what wrong.
It is incumbent upon you to follow the most numerous body.
Whoever separates himself (from the main body) will go to hell.
5. Kinds of Ijma
Following are the kinds of Ijma
(i) Express Ijma or Ijma Qawli
(ii) Tacit Ijma or Ijma Sakuti
(I) Explicit Ijma
Explicit Ijma is one in which the legal opinions of all the jurists of one period
coverage in relation to a legal issue, and each of them states his opinion explicitly.
(a) It may take place when all the jurists are garthered in one session and an issue
is presented to them and they collectively expressed a unanimous opinion.
(b) It may also take place when an issue is raised in a certain period and all the
jurists in turn issue similar fatwas independently and at sepaeate times.
(II) Tacit Ijma
(III) Tacit Ijma takes place when some mujtahid issue a verdict on a legal issue and
the rest of the mujtahids come to know of it during the same period, but they keep
silent, neither acknowledge it nor refuse it expressly.
6. Who can perform Ijma
Only Muslim Mujtahids or jurists can perform Ijma. He must possess the following
qualifications.
(i) Scholar of Quran and Sunnah
(ii) Knows Qiyas
(iii) Expert of Arabic language
(iv) Impartial thinking
(v) Well versed with up to date knowledge
(vi) Knows the principal of Naskh
(vii) Conversant with the science of usul and faro
(viii) Competent to expound law.
7. Conditions for the validity of Ijma
Following are the conditions for the validity of Ijma.
(I) Ijma by mujtahids
The Ijma must be performed by Mujtahids i. e those who have attained the status of
Ijtihad.
(II) Unanimous opinion

There must be unanimous opinion among all mujthahids upon a Hukm shari.
(III) Performed by Muslims
All the jurists participating in Ijma must be from the Ummah of Hazrat Muhammad
(Peace be Upon Him).
(IV) After the death of Holy Prophet (Peace be Upon Him)
The Ijma must have taken place after the death of Holy Prophet (Peace be Upon
Him).
(V) In a determinate period
The Ijma must be performed by jurists of single determined period i. e. of the same
generation.
(VI) Upon rule of law
The Ijma must be upon rule of law and all-non legal matters are excluded from the
domain of Ijma.
(VII) Reliance upon sanad (Evidence)
For deriving their opinion, Mujtahids should relied upon some sanad (evidence).
8. Ijma as a source of law
Ijma as a third source of law and under the circle of Quran and Sunnahs delegation
many issues can be resolved by Ijma.
(I) Enforcement of ordains of Quran and Sunnah
Ijma as a source of law helps in discovering the law and enforces the principals laid
down in Quran and Sunnah.
(II) Interpretation of Sharia
Ijam help in interpretation of laws of Sharia, according to the changing needs of
times.
(III) New legislation can be made
To achieve the objects of Quran and Sunnah, new legislation can be made through
the process of Ijma.
(VI) First Ijma performed by Muslims
The election of Hazrat Abu Bakr to the caliphate by the votes of the people was
based of Ijma.
9. Legal effect of Ijma
The law laid down by consensus of opinion is authoritative and binding. But in its
theological sense, a decision of Ijma would be of absolute authority only if it
conforms to the following conditions.
(i) No opinion to the contrary should have been expressed on the question by any of
the companions, or by other Mujtahids before the formation of the Ijma.
(ii) None of the Mujatahids taking part in the decision should have afterwards
changed his opinion.
(iii) The decision must be proved as being either universally knows or well-knows.
(iv) It should be based on an express text of the Quran or a tradition of a continuous
or well-knows character.
(v) It must be regularly constituted.
10. Ijma and western concept of opinion prudentium
Opinion prudentium which meaqns the opinions and decisions of lawyers is
parallel concept of Ijma in the western society. In Roman law the lawyers were
empowered to give opinions by Emperor. With the passage of time such opinions
become part of their legal system. However the concept of Ijma has wider scope
than the concept opinion prudentium which is also knows as Responsa
Prudentium.
11. Ijma in modern period

According to the accepted opinion of all four sunni schools, Ijma is not confined to
any particular age or country. The underneath principal of Ijma is that if a rule or
principal is upheld collectively by the highest legal forum in the land, then such a
principle must be followed by those subordinate to this forum. In the earlier stages,
this forum was confined to jurist companions then the leading jurists of each school.
Today the forum would be the highest court in each Muslim country.
12. Conclusion
To conclude, I can say, that Ijma is an essential and characteristic principal of Sunni
Jurisprudence, one upon which the Muhammadan Community acted as soon as they
were left to their own resources. It may be constituted by decision expressed in
words or by practice of the jurists. The number of jurists participating in Ijma need
not be large and Ijma of one age may be reversed by subsequent Ijma of the same
age.