Sources of Islamic Law (Shariah)

• Introduction
• Here we will look at the sources or origins of Islamic Law
• The primary sources:
o The foremost and first source of knowledge is the Holy Quran (Al-Kitab)
o The second source is Sunnah of the Holy Prophet (Hadith)
• The secondary sources:
o Ijma and Qiyas

Our Sources of Knowledge and Wahy

• Our sources of knowledge are our five senses
o Touch, taste, smell, hear, see
• What your five senses cannot tell you, for that you use your reason or wisdom
• But there are some realities/ truths or possibilities about which even your wisdom is silent
o That is where the knowledge of revelation offers knowledge
• This is Wahy, knowledge of revelation
• Allah send this to His special people
o Through Angel Jibrail
• There are two kinds of Wahy
o One is Wahy-e-Matloo (or Wahy-e-Jali) (Jali means obvious)
▪ The Wahy that is recited
▪ Quran is Wahy-e-Matloo
o Other is Wahy-e-Ghair-Matloo (or Wahy-e-Khafi) (Khafi is hidden)
▪ The Wahy that is not recited

Quran: Wahy-e-Matloo
Characteristics of the Quran
• It is the Divine Word the word of Allah
• The Quran was not revealed in written form
• It was delivered to the Prophet, not as a written text, but as the spoken word of Allah
o The Prophet would memorize it and pass it on to his followers
• It is Allah’s kalaam
• It was revealed over a period of 23 years
• It has 6,666 verse, 114 surahs, 540 ruku’, 7 manaazil
o Ruku’: The Prophet used to recite this much of the Quran in one raka’at of prayer
• It has two kinds of Surahs
 o Makki Surahs:
▪ Those revealed before migration to Madinah
▪ Even if they were revealed outside of Makkah
▪ Even if revealed in Taif
▪ 86 Makki Surahs
o Madni Surahs:
▪ Those revealed after migration
▪ Even if revealed outside Madinah
▪ 28 Madni Surahs
• Surahs are not chapters
o One surah does not cover just one topic
o And it does not follow a linear progression
• The Quran mentions 26 Prophets
o Most often mentioned is Hazrat Musa
o Other Prophets are mentioned by the Prophet in his Ahadith
• The Prophet is named 4 times in the Quran
• Quran contains Huroof e Mukattaat
o No one knows their meanings
o Their meanings are a secret between Allah and the Prophet
• The longest Surah is Surah Al-Baqarah
• The sequence with which we are reciting the Qur’an is called Tarteeb-e-Rasooli
o The sequence taught by the Prophet
o This is different from Tarteeb-e-Nuzooli
• First ayat revealed:
o Iqra
o Surah Alaq
• Surah Nisa Verse 105

“We have sent down to thee the Book in truth”

• Surah Bani Israel Verse 9:

“This Quran does indeed show the straightest way”

• Surah Hamim As-Sajdah Verse 42:

“It cannot be proven false from any angle.”

• Surah Al-Buruj Verse 21-22:

 o

o
o In the Preserved Tablet
• Surah Maidah Verse 44

“Those who do not judge by what Allah has revealed are indeed the unbelievers”

o Verse 45

“Those who do not judge by what Allah has revealed are indeed the wrong-
doers.”

o Verse 47

“Those who do not judge by what Allah has revealed are the transgressors”

• The Quran is a book that gives us principles on how to live our lives
o A harmonious Social Life
o An effective economy
o A just judicial system
o A moral and ethical system
▪ For the betterment of human beings
▪ Irrespective of their religion, color and caste
▪ Hadith:
• If a Muslim acts unfairly against a non-Muslim , and that non-Muslim
launches a complaint in front of Allah against that Muslim, and if that
non-believer was in the right, I (The Prophet) will accompany and stand
by that non-Muslim against the Muslim.

The Importance of the Quran

Quran provides the basic principles of living life for human beings
• The Quran in the very beginning says:
“This is the book about which there is no doubt”

o
o 3 words in Arabic language:
▪ Raib
• The small fraction of a second where you are in doubt
▪ Mirya
• While deciding between something, and while you are in a fix, that state
is known as Mirya
▪ Shak:
• Heavy word
• That is when you are unable to decide what is right and wrong in a
situation, and it is a prolonged situation
• Quran is not a Book to just read and get sawaab from Allah
o It is a revolutionary book
o To bring a revolution in the lives of human beings
• The purpose of this book is for it to be understood
o And implemented to bring a change in human society
o It has been revealed for living human beings
o Not revealed just for the salvation of those that have passed away
• It has been revealed for human beings:
o Those that have body as well as spirit
• Basic principles of life are found in the Quran
o Surah Nahl Verse 89

“And We have sent down to you the Book (the Quran) as an exposition of
everything”

▪ Does Quran have astronomy? Zoology and botany?

▪ Basic principles are there
▪ Modern sciences and medical sciences
• Origin in Quran
▪ Economy
• Origin in Quran
▪ Astronomy, botany
• Origin in Quran
o Surah Al-An’aam Verse 59
“There is not a grain in the darkness of the earth nor anything fresh or dry, but is
written in a Clear Record.”

The Quran urges you to think and find meanings and knowledge in the Quran:

“Don’t you have the wisdom?”

o Afala Ta’lamun

“Don’t you have knowledge?”

“Don’t you think?”

“Do you not think?”

“And We have certainly made the Quran easy to remember. So is there anyone
who will be mindful?”

What does this signify about the teachings of the Quran? (Contains answers to the question –
why are Muslims in decline despite reading the Quran?)
• Islam is a dynamic Deen and the Quran does not want you to become stagnant and still
 • It encourages you to think and ponder over the different forms of knowledge and different
disciplines
o That exist in the universe
▪ Quran in this light, is a scientific book
▪ It encourages research
▪ Quran lays a basis for research with the above mentioned encouragements do
exercising one’s mind
• This means that Quran is not just a book of worships
• The primary purpose of this book is not just to attain barakah and sawaab
• And also this means that to get guidance from the Quran you will have to put a certain amount
of effort

“Man can have nothing but what he strives for”

o Even the word used for Hudallil-Muttaqeen is translated as

This is the Book! There is no doubt about it—a guide for those mindful ˹of
Allah˺

• Thus, putting Quran in practice is what matters

o Imam Ghazali: different types of completion of reading quran
▪ Week, month, year, last 30 years
• But the problem right now is that the Quran is being read but it is not being understood and
hence not being put into practice
o We are privileged because knowing Urdu, we know roughly 60% of the words in the
Holy Quran
o One page… roughly 60% familiar words
o Surah Fatiha is one example
▪ Hamd
▪ Allah
▪ Rab
▪ Aalam
▪ Rahman
▪ Malik
▪ Yaum (Yaum-e-Paidaish)
▪ Deen
 • The Quran describes the Responsibilities of the Prophets:
o Surah Al-i Imran Verse 164

“…to recite His revelations to them, to make them grow in purity, and to teach
them the Scripture and wisdom”

o That recitation is with understanding

o Khirad Ne Keh Bhi Diya ‘La Ilaha’ To Kya Hasil
Dil-o-Nigah Musalman Nahin To Kuch Bhi Nahin

Quran addresses the Human Beings:

• By saying:

o
• Or by saying: [Mostly in Makki portion]

o O You People

•
o O You Believers [Mostly in Madni portion]
▪ There was an Islamic State established in Madinah with a large number of
belivers present

Quran’s meaning gets lost in translation

•
• Surah Hijr Verse 9

“Indeed, it is We who sent down the Qur'an and surely, We will guard it (from
corruption)”

• It uses We four times

o But we can’t do that in English
This Verse above also shows how Allah will guard the Quran Himself

The Rights of the Holy Quran upon us:

• It is to be believed as the Word of Allah
• It is to be recited with the correct pronunciation
• It is to be understood
• It is to be implemented after being understood
• Its teachings are to be conveyed to others because it is for all of Humanity

Tafseer
• The knowledge with which we understand the Quran is called Tafseer (Interpretation)
o Provides us with details to understand the Quran
• Al Fauzul-Kabir fi Asool-it-Tafseer
o This book describes the basic principles of Tafseer
o How to write a tafseer
o Written by Shah Waliullah
• Some notable Tafseer books are:
• Tafsir al-Qurtubi ‫تفسير القرطبي‬
• Al-Jami'li-Ahkam or Al-Jami' li Ahkam al-Qur'an or Tafsir al-Jami'
• By Imam Qurtabi
• Tafsir Ibn-e-Kathir by Ibn-e-Kathir
• Tafsir Raazi by Imam Raazi or Tafsir e Kabir
• Tafsir Mazhari by Qazi Sanaullah Panipati
• Ma-ariful Quran by Mufti Muhammad Shafi (Urdu)
• Tafheem ul Quran by Syed Abul A’la Maududi (Urdu)
• Zia ul Qur’an by Justice Karam Shah Al-Azhari (Urdu)
• Tafsir Majidi by Maulana Abdul Majid Dariyabadi
• Noble Quran by Justice Taqi Usmani
• Aasan Tarjuma-e-Quran

• Hadith/ As-Sunnah
• Hadith includes
o Verbal communication
o Conversation
o Narration
o Words and Sayings
• Of the Holy Prophet
o If the Prophet was silent at something or silently endorsed it
• Sunnah includes:
 o Practical demonstration of the Prophet
• Each hadith consists of two parts, the isnad (Arabic: 'support'), or the chain of transmitters
through which a scholar traced the matn, or text, of a hadith back to the Prophet.
• Most Ahadith transmitted by Abu Hurairah: 5,374 Ahadith
o Second Hazrat Abdullah bin Abbas: 2,660 Ahadith
o Hazrat Ayesha: 2,210 Ahadith
o Hazrat Abdullah bin Umar (son of Hazrat Umar): 1,630 Ahadith
• The Arabs had brilliant memory
o Their culture was one of memorizing and narrating stories
• The whole life of the Prophet is preserved:
o FIND THE QUOTE IN CHAPTER 4 OF ISLAM ITS MEANING AND MESSAGE
o Christians don’t have consensus about the habits of Hazrat Isa
o This is also an argument for the finality of Prophethood
• No new Prophet was going to come
• So this preservation had to happen
• And thus the Prophet came at a time when writing was being evolved
• FIND IN NASHAT E SANIA
• And to a memory-based culture
• Hadith comes inside Wahy-e-Ghair Matloo
o Quran: Surah Hashr Verse 5

“Whatever palm-tree you cut down or leave standing upon its roots, It is by
Allah's command”

o This points towards the story that:

▪ the banishment of the Bani an-Nadir. The Prophet (peace be upon him) had
concluded a formal written treaty with the Bani an-Nadir. They had not
broken this agreement as such that it should have become void. But the
reason why they were attacked was that after making different kinds of minor
violations of it, they at last committed such an offense which amounted to the
breach of trust. That is, they plotted to kill the leader of the other party to the
treaty, i.e. the Islamic State of Al- Madinah. The plot became exposed, and
when they were accused of breaking the agreement they could not deny it.
Thereupon, the Prophet (peace be upon him) told them either to leave Al-
Madinah or to be ready for a war. This notice was in accordance with this
injunction of the Quran: If you ever fear treachery from any people, throw
their treaty openly before them. (Surah Al-Anfal, Ayat 58). That is why Allah
is describing their exile as His own action, for it was precisely in accordance
with divine law. In other words, they were not expelled by the Prophet (peace
be upon him) and the Muslims but by Allah Himself. The other reason why
Allah has described their exile as His own action has been stated in the
following verses.
 ▪ The reference is to the fact that the Muslims cut down or burnt many of the
palm-trees that stood in the oases around the settlement of the Bani an-Nadir
in order to facilitate the siege, However, they left those trees standing which
did not obstruct the military operations. At this the hypocrites of Al-Madinah
and the Bani Quraizah, and the Bani an-Nadir themselves raised a clamor,
saying that, on the one hand, Muhammad (peace be upon him) prohibited
spreading disorder in the world, but, on the other hand, fruit trees were being
cut down by his command, which amounted to spreading disorder in the
world. At this Allah sent down the command: Whatever trees you cut down,
or whatever you left standing, your neither act was unlawful, but it had Allah’s
permission. The legal injunction that is derived from this verse is that the
destruction caused for the sake of military operations does not come under
spreading disorder in the world. But spreading disorder in the world is that an
army under the fit of war hysteria should intrude into the enemy territory and
start destroying the crops, cattle, gardens, houses and everything in its way
without any reason. In this matter, the general instruction is the same which
Abu Bakr Siddiq gave while dispatching the Muslim army to Syria: Do not cut
down fruit trees, do not destroy crops, do not ravage the settlements. This
was precisely in accordance with the Quranic teaching, which condemns
those who spread chaos: When they get power they direct all their efforts
towards spreading corruption in the land, destroying harvests and killing
people. (Surah Al-Baqarah, Ayat 205). But the specific command in respect
of the war exigencies is that if destruction is necessary for military operations
against the enemy, it is lawful. Thus, Abdullah bin Masud has given this
explanation in the commentary of this verse: The Muslims had cut down only
those trees of the Bani an- Nadir that stood on the battlefield. (Tafsir
Nisaburi). Some of the Muslim jurists have overlooked this aspect of the
matter and expressed the opinion that the permissibility of cutting the trees of
the Bani an-Nadir was confined only to that particular event. It does not make
it generally permissible that whenever war necessitates, trees of the enemy
be cut down and burnt. Imam Auzai, Laith and Abu Thaur hold this same
opinion. But the majority of the jurists hold the view that for the sake of
important military operations it is permissible. However, this is not
permissible for the purpose of mere destruction and pillage.
▪ But the command of Allah mentioned in this verse is not written anywhere
▪ That command is written in the Hadith
▪ Thus, Hadith is also a kind of revelation
• The subject matter is from Allah
• While the words and actions are of the Prophet
• As opposed to Quran which has words and subject matter both from
Allah
• Moreover,
o Surah Najm verses 3 and 4
 o

“Nor does he speak of his own whims.”

“It is no less than inspiration sent down to him”

Types of Hadith:
According to riwaayat (narration) and raawi (narrator)

• Sahih Hadith:
o Most authentic
• Hasan Hadith
• Zaeef Hadith
o Where there is some deficiency in the chain of transmission

The Principles of compiling Hadith: Ilm-e-Asmaa’ ur-Rijaal

• There is a chain of transmission that goes back to the Prophet
o This chain is carefully scrutinized
o There cannot be a gap in the chain
o Is the chain accurate?

Books of Hadith – Siha-e-Sitta (6 authentic books of Hadith)

According to authenticity level – For the Sunni school of thought
• Sahihain:
o Sahih Al Bukhari
▪ Imam Bukhari
▪ First Hadith of Sahih Bukhari:

•
o Actions are dependent upon their Intentions
 ▪ Every Hadith written with careful scrutiny
▪ While he was in state of wuzu, and prayed Nafl for each hadith written
o Sahih Al Muslim
▪ Imam Muslim
• Jami’ at-Tirmizi - ‫جامع الترمذي‬
o Imam Tirmizi
• Sunan Abu-Daud
o Imam Abu-Daud
• Sunan Nisai
o Imam Nisai
• Sunan Ibn-e-Majah
o Imam Ibn-e-Majah

For the Shia school of thought – 4 books

Usool e Arba’a
• Al Kafi
o By Muhammad ibn Ya'qūb al-Kulaynī
• Man lā yahduruhu al-Faqīh
o By Abu Ja'far Muhammad ibn 'Ali ibn Babawaih al-Qummi, commonly known as Ibn
Babawayh
• Tahzeeb-ul Ahkaam
o Muhammad bin Hasan Tusi
• Al Istabsar
o Muhammad bin Hasan Tusi

Why is Hadith needed?

• Hadith elaborates the commandments of the Quran
• Gives the method of practical implementation
• Quran doesn’t give all the details in its commandments
• Practical implementation is not possible without Hadith
• The Prophet is the person who disseminated the teachings of Quran
o And instructed that it was the word of Allah
o Quran was proved to be the word of Allah through Hadith
o Thus you cannot deny Hadith
o If Hadith was not needed then there was no need to send a Prophet to the community
o A book was sent and a demonstrator was sent
o Who showed how to do all those things the Quran teaches in a practical manner
o So no one can say that this or that is impossible
• Surah Al-i Imran Verse 164
“Indeed, Allah has done the believers a ˹great˺ favour by raising a messenger
from among them”

• The Quran describes the Responsibilities of the Prophets:

o Surah Al-i Imran Verse 164

o 1. Prophet recited Allah’s commandments

o 2. Prophet purifies the people from corrupt beliefs
o 3. Prophet teaches them the Book
o 4. Teaches them Wisdom
▪ This Wisdom is the Hadith and conversation of the Prophet
▪ Wisest person of his time is the prophet of the time
• Surah Ahzab Verse 21

“Indeed, in the Messenger of Allah you have an excellent example”

• So without understanding the tradition of the Prophet we cannot understand the best example
of how to follow Allah’s commandments
• Surah Al-i Imran Verse 31

“Say, ‘If you love Allah, follow me, and Allah will love you and forgive you your
sins”

• This is the legal significance of Hadith and Sunnah

• Surah Ahzab, Verse 36
“… whoever disobeys God and His Messenger is far astray”

• Ijtihad
From Khurshid Ahmad:
• Too much emphasis on permanence makes the system rigid and robs it of flexibility and
progress; while lack of permanent values and unchaning elements generate moral relativism,
shapelessness and anarchy
• American judge, Justice Cardozo
o “the greatest need of our time is a philosophy that will mediate between conflicting
claims of stability and progress and supply a principle of growth”
• The guidance of Islam comes from Allah who is free from the limitations of space and time and
as such the principles of individual and social behavior revealed by Him are based on reality and
are eternal
• But God has revealed only broad principles
o Has endowed man with the freedom to apply them in every age in the way suited to the
spirit and conditions of that age
o Ijtihad
o Thus the basic guidance is of a permanent nature while the method of its application
can change in accordance with the peculiar needs of every age

Class notes:
• When there comes a modern issue today which does not have a clear solution in Quran and
Hadith

• Where the Nusoos are silent: ‫النصوص‬

• Where clear commandments are not available
• It means to make utmost effort, to strive for, to struggle for something
• To utilize all your abilities
• Derived from jahada
• Different phases
o Qiyas
▪ Estimation
▪ To make deductions
▪ Analyse
▪ And get to a result
▪ This is Qiyas
▪ Example of Halal thing:
• In Surah Baqarah:
o The cow is mentioned
 o But buffalo is not mentioned in Quran and the buffalo was not
present in Arabia
o There was a question whether it is halal or haram
o So scholars
▪ Looked at characteristics of halal animals from Quran
and Hadith
▪ And they compared the buffalo to the cow
▪ And deduced that it is halal just like the cow is halal
▪ Example of haram thing:
• Alcohol was banned after Hijrat
• Banned due to its toxic effects
• So in modern times, new intoxicants arose
• So they compared the toxic effects found in alcohol with the new
intoxicants
• Deduced that every intoxicant is haram
• Anything haram in large quantity is banned even in small quantity
▪ So when, after Qiyas, all scholars reach a consensus
▪ They unanimously approve the conclusion
▪ That is called Ijma
o Ijma:
▪ Means to gather upon
▪ Unanimous consensus of scholars is called Ijma
▪ Moreover, if something that is pre-decided
• And something creates doubt on it
• Then the re-analysis of this situation is called Ijma
▪ Also called Ijma-e-Ummah
▪ This is the work of scholars and not general public
▪ There was need for Ijma at the time of rise of apostasy movements: Musailma,
Tulayha and Aswad-e-Anasi
▪ Consensus of scholars
• Thus, Ijma and Qiyas become sources of Islamic Law
• Hadith:
o “The scholars of my Ummah will never gather upon the wrong conclusions”
• Collectively Ijma and Qiyas are called Ijtihad
• When there comes a new issue in modern times for which you cannot find anything in Quran
and Sunnah:
o Organ transplantation and hair transplantation
o Namaz farz in outer space or not
o How to divide namaz times in countries with short days and similarly sehri and iftari
▪ Wherever, modern issues arise the scholars will go for Ijtihad
▪ They will make efforts in light of Quran, Hadith and Sunnah
 ▪ Utmost effort to solve the issue
• This process is called Ijtihad
• The scholars who conduct Ijtihad are called Mujtahidd
• Every scholar cannot be a Mujtahidd
o A Mujtahidd needs to have thorough knowledge of Quran and Hadith
o Needs to have thorough knowledge of Arabic
o Needs to have a thorough knowledge of Fiqh or Islamic Law
o Should be a scholar of contemporary knowledges/ subjects
o Should understand Economy
o Should understand the issues of modern times
o Piety
o Needs to have knowledge on all previously conducted Ijtihad
o Requires teamwork as well
▪ Forums:
• Egypt’s Jamiatul-Azhar
• Madinah University
• When a Mujtahidd conducts process of Ijtihad, there are two possibilities
o He will either reach the right conclusion
▪ This Mujtahidd is called Mujtahidd Museeb
▪ He will get dual reward from Allah SWT
▪ One for reaching right conclusion
▪ Other for making a sincere effort
o Or he will reach the wrong conclusion
▪ Mujtahid Mukhti
▪ If Mujtahid does not reach the correct conclusion
▪ He still gets reward from Allah due to his sincere efforts
▪ If this wasn’t here then there would be no one willing to make an effort for
Ijtihad
• There is, however, no Ijtihad in the basics principles of Islam
• There can be area-specific Ijtihad as well

Difference between Fatwa and Ijtihad

• Fatwa is just conveying something that has previously been solved
• Ijtihad is the effort of solving something unsolved
• When we consult for a Fatwa it is we who are ignorant and we want to know what is the right
way
• Taqleed means to follow something
o From qalada (symbol of slavery)
▪ Taqleed simply means that he who doesn’t have the knowledge of Islam should
follow the scholars and not rely on his logic without knowledge
o In the Ahl-e-Sunnat school of thought there are 4 Fiqh
 ▪ Fiqh-e-Hanafi
▪ Maliki
▪ Hanbali
▪ Shafi-i
• People follow based on the trust upon the research of these scholars

Difference between Ijma and Qiyas

• Ijma: when there is consensus on a particular decision
• Qiyas: issue related to one area, you don’t need universal consensus of scholars