Sources of islamic law - Grade: A PDF

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The Quran and the Sunnah are the two basic sources of Shariah. The Quran is the primary source of Shariah, with the Sunnah as a complement. Despite the fact that the Quran is the ruling source, both are main source of Islamic law. However, the mandates included in these two fundamental sources of Islamic law must be interpreted. Many of the Prophet's sayings, known as Hadith (part of the Sunnah), interpret Quranic texts. The requirement for a continuous process of Quran interpretation grew more severe after the Prophet's death (632 C.E.). This led to the creation of extra-legal sources to be used when the two basic sources were quiet on a particular issue or were confusing or conflicting, or looked to be. The extra sources were recognized and graded differently by the four Sunni institutions. They also disagreed on the content of these supplemental sources as well as their application in various situations and contexts. The holy Quran, the Sunnah (tradition), Imd' (consensus), and Qiyds are the four fundamental sources of Islamic law, according to the majority of Islamic jurists. Other sources recognized by Usul Al-fiqh include: Istislah, maslaha (consideration of the public good), Istinsan (reasoning based on the best outcome or equity), Urf (custom and usage, divided into special and general), the practitioners of the first four 'Wise Caliphs' (a form of authority precedent), Ijtihad (unparalleled doctrinal development), However, we shall limit our study to the fundamental sources of Islamic law, which are the Holy Quran, the Sunnah (tradition), the Ijmd'consensus), and the Qiyds (analogy). All the sources of Islamic law need to discuss here. The Holy Quran is the primary source of Islamic law and serves as the foundation for all other sources of Islam. Anyone seeking to comprehend Islamic law should consult the Holy Quran first, followed by the Sunnah, Imd', and Qiyds. The Quran as the exact word of God is described rather than defined by Islamic academics. We can argue that the Quran is the holy word of God given to His Messenger Mohammed, son of Abdallah, by the Angel Gabriel in the Arabic script, in its exact definition and precise wording, to authenticate that Prophet is God's Messenger,' based on scholars' interpretations of the Quran. The Quran was arrived one verse at a time during a 22-year period, culminating in the muhammad's death (pbuh) in 632 C.E. The first was the Mecca to medina period (610-622 C.E.), when the Muhammad was in Mecca" until the Hijra, and the next was the Madinas period (622-632 C.E.), after the Prophet moved in that city to the north of Mecca. As a result, the Quran's verses are labeled as 'Meccan' or 'Medinese.' Because the Quranic verses are a book of moral guidance rather than a legal law, it's not unexpected that just 500 of the 6,239 verses have legal content (many of which overlap in topic and substance). The following is a summary of those legal verses: Household and succession law is covered in 70 verses, responsibilities and contracts are covered in 70 verses, criminal law is covered in 30 verses, and procedure is covered in 20 verses. The legal provisions emanate directly from the Quran and are hence the greatest in the pyramid of legal norms, notwithstanding their small number. They are unchangeable, and laws drawn from other Shariah sources cannot contradict or modify them.

After the Holy Quran, the Sunnah is regarded the second most important source of legislative laws. This is stated in numerous Quranic verses. "...and We have sent down the Message to thee (also), that thou thou shalt explain clearly to humankind what is being sent for them, and that they may think," Allah said. As a result, the Prophet mohammed mission was to explain the meaning and rules of the Holy Qur'in. The Sunnah completes the Quran and is required for humans to understand Allah's will. Allah further said: "He also doesn't express anything about (his own) Desire. It is Inspiration that has been sent down to him "..° Its authority comes from a verse in the Quran that says, "For you, the Prophet's life is a model of behavior." Only when a scholar is unable to identify a relevant mandate in the Qur'an does he turn to the Sunnah. A third source of Sharia laws is the Ijma. In Islamic law, it is described as the unanimous agreement achieved by Muslim scholars on any legal judgment relating to a specific event or incident at any time after the Messenger Muhammad's death. If a judgment is not specified in the Quran or the Sunnah, it is inferred from Islam's general rulings and reached through Ijma or Qiyas. "The Prophet mohammed order that people should follow the Islamic community is an indication that the Muslims' Ijma is binding," said Imim Shafi. "'The concept of Ijma is founded on the Islamic ideal of consultation. It is a fundamental issue in Islam, as the Quran encourages it, despite the fact that the Quran does not specify a specific phase or model for consultation, owing to the diversity of consultation systems throughout cultures and time periods. It makes no mention of the number of people who must agree to form a consensus. Ijma solely pertains to legislative issues. Ijma does not apply to non-legislative subjects such as customs or employment. The forth main focus of Islamic law is known as Qiyas. Identical causes and occurrences are regarded similarly in the Quran, according to the principle of equality. "Use analogies, make use of precedents and similar situations, and seek judgments that you feel to be closest to the truth and the most likely to win Allah's good-pleasure," Caliph 'Omar Ibn al-Khattab urged Judge Abil Mfissa AI-Ash'ary in a letter. Qiyas literally means "to measure or determine the length, weight, or quality of something." It can be utilized to resolve a conflict between two objects, whether sensory or moral. In Islamic law, Qiyas is used to construct and achieve a decision, a rule, and a judgment for a case owing to a certain cause, just because a similar reason, rule, and judgment exists in another case. Where the cause is, the judgment is made, and identical situations need identical conclusions. In other terms, Qiyas is a comparison used to determine whether two items are equal or similar. Qiyas is the extension of a Shariah judgement from an initial case to a new case since the new case has the same functional cause as the original case, according to usil al-fiqh....