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    17. Ijma (Comsensus) & Qiyas (Aanalogy)

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    17. Ijma (Comsensus) & Qiyas (Aanalogy)

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    Islamic Studies

    17. Introduction to
    Islamic Law &
    Jurisprudence
    Course Instructor
    Syed Anwar Hussain
     ‫ِمن‬
    ‫َوَما َكاَن اْلُمْؤِمُنوَن ِلَينِفُر وْا َكآَّفًة َفَلْوَال َنَفَر‬
    ‫ي‬‫ِّد‬ ‫ال‬ ‫ي‬ ‫ِف‬ ‫ُكِّل ِفْر َقٍة ِّمْنُهْم َطآِئَفٌة ِّلَيَتَفَّقُهوْا‬
    ‫ِن‬
    ‫َوِلُينِذُر وْا َقْوَمُهْم ِإَذا َر َجُعوْا ِإَلْيِهْم َلَعَّلُهْم َيْح َذُر وَن‬
    Nor should the Believers all go
    forth together; if a contingent
    from every expedition remained
    behind, they could devote
    themselves to studies in
    religion, and admonish the
    people when they return to
    them, that thus they (may learn)
    to guard themselves (against
    evil).
    SOURCES OF ISLAMIC LAW
    Holy Quran

    Definition:
    Quran is the last book revealed by
    ALLAH almighty for the guidance of
    human being. It is a miracle of Holy
    Prophet (S.A.W).No one has the
    power to change a single word of
    Holy Quran.
    FIRST SOURCE OF ISLAMIC LAW:
    Because the Islamic law has been made
    in many categories some are the
    following:

    Faith,
    Ethics
    History
    Orders about unlawful things,marrige,
    social life internal external
    matters ,inheritance,economical
    IMPORTANCE OF HOLY QURAN:
    Names of Holy Quran:

    Al-Kitab, Al-Furqan, Al-Noor, Al-Shifah, Al-tazkirah, AliIlm.

    Quran revealed as it is in our hands ,revealed in intervals during the period of 23


    years, it is a truthful book ,free from doubt and a great guidance for the humanity.

    Safety of Holy Quran has been taken by ALLAH Almighty.


    Challenge of holy quran.
    Revealed in very vast language which is the language of 20 countries and that is
    Arabic.

    C
     International and world class book. For
    every nation’s cast, color, creed not
    special for any one. Quran says “ Say oh
    man! I am the prophet of Allah almighty
    for all of you ”.

     Collective book which covers every aspect


    of human life. Everything discussed by
    Holy Quran as tenets, deeds, ethics,
    spiritual life, historical stories, their
    judicial, political, social, educational,
    economical and religious life.
     According to wisdom and equal to the culture of
    every nation and also there are many miracles of
    Holy Quran(Islam of Hazrat Umer, Hazrat e Tufail
    and story of old person)
     Topics of Holy Quran as faith, worship, social
    matters, rules regulations, marriage, inheritance,
    practical life of holy Prophet (SAW).
     Qualities of Holy Quran. Following are the
    qualities of Holy Quran ie., Truthful book,
    guarantee for success, purify the souls, has a
    great influence etc.
     Rights of Holy Quran ie., daily recitation, To
    understand and act according to the orders of
    Holy Quran.
    HADITH & SUNNAH:
    DEFINATION:
    Hadith is the second source of Islamic law and in Islamic
    terminology every deed, saying and sermon delivered or any
    act done in the presence or knowledge of Holy Prophet (SAW)
    and to which he did not express his dislike is called Hadith.
    DIFFERENCE BETWEEN HADITH AND
    SUNNAH:
    HADITH SUNNAH
    a) Every saying of Holy
    Prophet. a) Every deed or doing
    b) Record of sunnah, of Holy Prophet.
    prophetical and b) Unspoken approval
    historical elements. of Holy
    c) Khabar or Prophet(SAW).
    information. c) Customs, methods
    d) Every hadith is piece and ways of Holy
    of information but Prophet SAW.
    every information is d) Religious and
    not hadith. spiritual color.
     RIWAYAT  DERAYAT

    1. Verification of material.
    1. Discuss with sanad. 2. Verification of Arabic
    2. Reporter of Hadith. grammar.
    3. Discuss with 3. If one hadith showing huge
    reward like jannat on a
    screening of reporter ordinary action or huge
    as his education, punishment like hell on a
    piety, power of ordinary sin, hadith is weak
    memory, self control, a/c to the law of dirayat.
    4. Any tribe reference
    patience, internal &
    property.
    external relation with 5. Prophecy projected words
    others. not excepted.

    IMPORTANCE OF
    HADITH:
    1) Practicable as Quran.
    2) Does not say by his own will.
    3) Explain what so ever revealed.
    4) Who so obey Prophet.
    5) If you want to love Allah.
     COMPILATION OF HADITH:

    1) During the period of Holy Prophet ,Hazrat Abdullah-


    ebne-Amar, Abu Huraira 5374, Ali and Anas were
    writing Ahadith of Holy prophet(saw).
    2) In 99 Hijrah Hazrat Umer bin Abdulaziz gave order to
    Hazrat imam Zohri.
    3) Imam abu Hanifa (Kitabul asar), Imam Malik(muatta),
    Sufyan sorri (kitabul jamay).
    4) Saheh Bukhari by imam Bukhari, Saheh Muslim by
    Imam Muslim, Sunan Tirmazi by Imam Tirmazi, sunan
    Abu dawood by Imam dawood, Sunan Nissae by
    Imam Nisaae and Sunan Ibne Maja by Imam Maja.
    TWO AHADITH
    (Sahahey Sittah)
    IJMA(CONSENSUS)
    Defination:
    1) Consensus of opinions of Muslim jurists.
    2) Sayings of Islamic Scholars.
    3) Muslim jurist on the question of law.
    THREE WAYS
    1. First, Quoly- means, jurist express his opinion by
    tongue .
    2. Second, Faily- means, when there is unanimity in
    practice.
    3. Third, Sukuty(silence) -means, when the jurist is not
    agree with the opinion.
    TYPES & KINDS OF IJMA
    1) Ijma-i-Azimah
    Ijma-i-Azimah means, if all the Jurists
    give their consent to a particular point, it
    is called Ijma-i-Azimah
    2) Ijma-i-Rukhsah
    Ijma-i-Rukhsa means, if the majority of
    Jurists agreed and gave their consent to
    particular point is called Ijma-i-Rukhsa
    IMPORTANCE OF IJMA
    1) Difference of opinion regarding the
    place and position of IJMA, some Scholars
    say’s that IJMA is confined for particular
    people but the majority of Scholars and
    Jurists say’s that IJMA should not be
    confined to any age or generation or
    country
    2) IJMA came into being after the death of
    The Holy Prophet(S.A.W).
    3 ) After the demise of
    HolyProphet(S.A.W) , when any dispute
    arose on any question, for which there
    were no directions in The Quran or in
    The Hadith, the companions of the
    Prophet or The Jurists of that age were
    deciding those question in accordance
    with the laws of the Holy Quran and
    Hadith.
    LEGAL STATUS

     Ijma is based on the verses of Holy Quran and traditions of


    Holy Prophet(S.A.W).Quran say’s “Do not like those who
    separated and divided after they had received the clear
    proofs”. Again Quran say’s “Obey The Prophet(S.A.W) and
    obey those who have authority among you”.
    Holy Prophet(S.A.W) has said “It is compulsory upon you
    to follow the most numerous body”.Again He said
    “Whoever separates himself from the main body will go to
    hell”.Again He Said “He who oppose the Jurists decision
    will die the death of the days of ignorance”. Again He said
    “If anything comes to you for decision, decide according to
    the………… then look to what Jurists unanimously agreed
    upon”.
    EXAMPLES
    Compilation of Quran, Taravee, wine, Khatam-e-naboat
    QIYAS:
    1) Fourth source of Islamic law
    2) Qiyas means “comparing with” or “judging by comparing with a
    thing”
    3) Qiyas is an analogical deduction from the three sources of law,
    namely Quran, Sunnah and Ijma.
    4)When Holy prophet(SAW) sent Hazrat Muaz bin Jabal as Governor,
    He asked him as to what he would do if a new problem arose, he said
    that he would follow the Quran, if it is not clear in holy Quran, he
    would follow the sunnah, if it is not clear in sunnah, I would follow the
    ijma, if it is not clear in ijma than he would use the qiyas. (Analogy) ,
    Holy prophet (SAW) appriciated his reply and encouraged him.
    5) In another Hadith Holy
    prophet (SAW) has told Hazrat
    abu Musa-al-Ashari : “judge upon
    the book of Allah, if you do not
    find in Holy Quran what you
    need, judge upon the sunnah of
    the Prophet, if you donot find in
    the sunnah, then find it in the
    ijma, if it is not in ijma than use
    your personal opinion(Qiyas)”

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