Usool-e-Fiqh( Sources

of Islamic Law)

Introduction:
Fiqh or Islamic jurisprudence is the source of a range of
laws in different topics that govern the lives of the Muslims
in all facets of everyday life. The word Fiqh is an Arabic
term
meaning
deep
understanding
or

full
comprehension.
Sources of Islamic Jurisprudence:
Fiqh is an expansion of Shariah or Islamic law based on five
sources which are classified into primary and secondary:
Primary sources:
The Quran
Sunnah
Secondary sources:
Ijma(Consensus of opinion)
Qiyas
Ijtihad

The Quran

Introduction:
The primary source of Islamic law is Holy Quran . The Quran
contains a set of moral and judicial injunctions which are the
basis of 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 beliefs
and morals. It was later, after the Prophets (PBUH) migration to
Madinah when Muslims lived in an organised society that the
principles regarding crime, succession and international law
were revealed. The basic law in Quran is mainly contained in a
simple sentence 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.

Sunnah and Hadith

Introduction:
Sunnah is the actual embodiment of the will of Allah shown in
the actions of His Messenger(PBUH). Hadith means all
sayings, deeds ,his silent approval of behavior of his
companions and description of his personality.
Sunnah and Hadith as Source of Law
The Holy Quran being the word of Allah treats, major issues
and often deals with subjects in brief terms, leaving details to
be explained 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.
But the percentage and exact amount is unspecified. All
these details were learnt by the Prophets deeds or words. The
clarification of the Quran was provided by the Holy
Prophet(PBUH) who himself participated 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 are usually consulted to formulate laws in Islam.
They are,
Sahih Bukhari compiled by, Imam Muhammad ibn
Ismail-al-Bukhari (194256) A.H.
Sahih Muslim compiled by, Imam Muslim ibn Hajjaj
(202261) A.H.
Al Jami compiled by , Al-Tirmizi (210279 A.H.)
Kitab al Sunnah compiled by, Al-Nasai (215303
A.H.)
Al Sunan compiled by, Abu Dawud (205275 A.H.)
Kitab al Sunnah compiled by, Ibn Majah.

Ijma (Consensus of
Opinion)

Introduction:
Ijma means agreeing upon or uniting in opinion. It means the
consensus of Islamic community on some point of law. It can
operate only where Quran and Hadith have not clarified a
certain aspect of law.
Ijma as a Source of Law
The 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 and binding.

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

Shafi'i

through agreement of the entire the people cannot agree on anything

community and public at large
erroneous

Maliki

through agreement amongst the Islamic tradition says "Medina expels bad
residents of Medina, the first
people like the furnace expels impurities from
Islamic capital
iron"

Hanbali

through agreement and practice they were the most knowledgeable on religious
of Muhammad's Companions
matters and rightly guided

Usuli

only the consensus of the ulama consensus is not genuinely binding in its own
of the same period as the Prophet right, rather it is binding in as much as it is a
or Shia Imams is binding.
means of discovering the Sunnah.

jurists the jurists are experts on legal matters

Qiyas (Analogy)

Introduction:
Qiyas or analogical deduction is the fourth source of Shariah
for Sunni jurisprudence. Qiyas is the process of legal
deduction according which the jurists , confronted with an
unprecedented case , bases his or her argument on logic
used in Quran and Sunnah. Qiyas must not be based on
arbitrary judgment, but rather 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
on understanding that every legal injunction guarantees a
beneficial and welfare objective. Thus if the cause of an
injunction can be deduced from the primary sources, than
analogical deduction can be 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.

Ijtihad

Introduction:
Ijtihad is the making of a decision in Islamic law by personal
effort, independantly of any school of jurisprudence, following
the decisions of religious expert
without necessarily
examining the scriptural basis or reasoning 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.