Sources of Islamic Law
Islam has given the most comprehensive legal system to mankind. Islamic law covers all aspects of life. Islam has its own personal, civil, criminal, mercantile, evidence, constitutional and international law.
Islamic law has been defined as the body of rules of conduct revealed by Allah (SWT) to His Prophet Muhammad (peace be upon him) whereby the people are directed to lead their life in this world. Islamic law has, therefore, not been given by any ruler. It is given by Allah. Islamic law remains valid whether recognised by the State or not.
The basic source of Islamic law is Divine Revelation. This has been given to mankind by the Prophet Muhammad (peace be upon him) in two forms. One is the direct word of Allah (SWT), the Quran and the other is the Sunnah or the teachings of the Prophet (p.b.u.h.). The Prophet (p.b.u.h.) always acted according to the instructions of Allah (SWT).
The Quran is the primary source containing all the fundamental directives and instructions of Allah. Herein are to be found not only the directives relating to individual conduct but also the principles relating to all the aspects of social and cultural life of human being.
The Quran is the last and complete edition of Divine Guidance and this is the only book of Allah that has not been distorted.
The Quran is not only a book of law. Its main purpose is to awaken in man the higher consciousness of his relation with Allah and the universe. However, in the Quran there are at least five hundred verses which possess definite legal elements. The scholars of Islam have developed a complete science of interpretation of the Quranic verses that can be seen in any book of Islamic jurisprudence.
The Sunnah is the second source of Islamic law. Sunnah is an Arabic word which means "Method". It was applied by the Prophet Muhammad (peace be upon him) as a legal term to represent what he said, did and agreed to. Its authority is derived from the text of the Quran. The Quran says,
"For you the life of the Prophet is a model of behaviour" (33:21).
Many books of traditions were compiled by the companions of the Prophet (p.b.u.h.). These were later on incorporated in the great collections of Hadith (i.e. traditions) Books of Bukhari, Muslim etc. The collectors of traditions adopted a very scientific system in collecting the Traditions. They did not record any tradition except with the chain of narrators. Every tradition gives the name of the last narrator of the tradition from whom he learnt the tradition and so on back to the Prophet or Companion of the Prophet. The Sunnah, which is established through reliable narrators, is fully dependable as legal element.
The Quran and the Sunnah are complimentary. The meaning of the Quran is general in nature, the Sunnah makes it specific and particular. The Sunnah explains the instructions of the Quran. The Quranic injunction is sometimes implicit, the Sunnah makes it explicit by providing essential ingredients and details.
The Quran and the Sunnah are the primary sources of Islamic law. Ijma (that is consensus of opinion of scholars) and Qiyas (that is laws derived through analogical deduction) are the secondary or dependent sources of Islamic law or Shariah.
Ijma and Qiyas derive their value or authority from the Quran and the Sunnah. Therefore, they are called dependent sources.
Ijma or the consensus of scholars signifies the importance of delegated legislation to the Muslim community. The Muslim society requires such a rule making power to meet the practical problems for implementation of Islamic Shariah (Islamic Law). Ijma has been technically defined as the consensus of the jurists of a certain period over a religious matter. Ijma is considered a sufficient evidence for action because the Prophet of Islam said, "Muslim (majority or main body) will never agree on a wrong mailer". As such the agreement of the scholars of Islam on any religious matter is a source of law in Islam (Ref: Principles of Islamic Jurisprudence by M. Hashim Kamali).
Qiyas is the fourth important source of Islamic law. Qiyas means analogy. Qiyas or analogy is resorted to in respect of problems about which there is no specific provision in the Quran or the Sunnah of the Prophet. In such issues the scholars have derived law through analogical deduction on the basis of the provisions of the Quran and the Sunnah on some similar situation. The scholars have developed detailed principles of analogical deductions or Qiyas in the books of Islamic jurisprudence.
Qiyas is a kind of Ijtihad. The Prophet has permitted Ijtihad that literally means 'to exert'. Technically it means to exert with a view to form an independent judgement on a legal issue. ljtihad is the Islamic method of facing the new situations and problems in the light of the general principles of the book of Allah (SWT), the Quran and the traditions of the Prophet or the Sunnah.
Apart from Qiyas, there are other methods of Ijtihad such as Istihsan (that is juristic preference from different interpretations) and Masalaha (that is moral consideration).
In addition to the above sources, the practices of the Khulafa-e-Rashidun (first four rulers of Islam), the decisions of the judges and the customs of the people are also considered sources of Islamic law in matters which are not spelled out in the Quran and the Sunnah.