Sources of Islam

/Shariah

AMEENULLAH SHEIKH
ameenullah.shaikh@iqra.edu.pk

Presentation Outline

Definition of Islam
Definition of Shariah
Sources of Shariah

Islamic Economic System

What is Islam?
Islam is a religion that provides a set

of rules for life and we therefore call

it a 'code of life' which means a code
or system that covers all aspects of
life of a human being.

Definition

SHARIAH
1.

Lexical meaning: Plain Way

2.

Technical meaning:The Divine Law

Definition

Then

We have put you (O prophet) on a plain

way of (our) commandment. So follow it and
do not follow the desires of those who do not
know. (45:18)

Sources of Shariah

1.
2.
3.
4.

The Holy Quran

The Sunnah of the Holy Prophet (SAW)
Ijma (consensus of the Ummah)
Qiyas (Anology)

The Holy Quran

Express

Injunctions have no room for different

interpretations

Implied

injunctions may be interpreted in

different ways by way of inference

The Holy Quran

Interpretation of Quran
1. Beliefs
2. Jurisprudence
3. Incidents
4. Examples

and Events

The Holy Quran

Interpretation of Quran
2. Jurisprudence
a. Types

of Jurisprudence

i. Ibadaat
ii. Muaamlat
iii. Ibadaat + Muaamlat

b. Levels

of Jurisprudence

1. Fard

2. Wajib

5. Mubah

6. Makrooh Tanzihi

8. Haram

3. Masnoon

4. Mustahab

7. Makrooh Tahrimi

Sunnah

Definition:

A word spoken or an act done or ratified by

the Holy Prophet (peace be upon him)

It is a source of law because the Holy Quran

itself has made it obligatory for every believer
that he obeys and follows the Holy Prophet:

Sunnah

And obey Allah and His Messenger, if you are

believers (8:1)

Ijma

Ijma means consensus of the earliest scholars

of the ummah on a particular issue
The Holy Prophet (SAW) has said:

My Ummah shall never be combined on an error.

Qiyas (Analogy)

To

apply a recognized rule of Shariah

expressly mentioned in the Holy Quran and
Sunnah to a similar thing or situation by way
of analogy.

Ijtihad

is the part of Qiyas (Analogy)

Ijtihad

Literal meanings:
To exert ones utmost effort
Technical Meaning:
To exert utmost effort to discover a ruling of
Shariah in a particular matter

Origin of Ijtihad

When the Holy Prophet (SAW) intended to send

his companion Muadh, may Allah be pleased
with him, to Yaman as a ruler and as a judge,
he asked him: How will you adjudicate a matter
when it will come to you?
He Said, I shall decide on the basis of Allahs
Book (the Holy Quran)
The Holy Prophet asked, if you do not find it in
Allahs Book (what will you do)?
He said: then, on the basis of the Sunnah of
Allahs Messenger.

Origin of Ijtihad

If you do not find it even in the Sunnah of

Allahs Messenger (what will you do)? The Holy
Prophet asked.
He replied: I shall make ijtihad on the basis of
my understanding and will not spare any effort
(to reach the truth).
On this the Holy Prophet (SAW) said, Praise
be to Allah, who has let the messenger of the
messenger of Allah to do what pleases Allahs
messenger.
(Abu Dawood, Hadith no3592)

Ijtihad

Misconception

Ijtihad can be
exercised even
against the explicit
provisions of the

Holy Quran and

Sunnah.
Ijtihad is to follow
ones own opinion
based on purely

rational assessment.
Ijtihad is meant only
provide concessions
and ease.

Correct Position
Ijtihad may be exercised only
where no explicit provision is
found in the Quran or Sunnah
Ijtihad is to discover the
Divine rule in the light of the
principles laid down by the
Holy Quran and Sunnah
Ijtihad is an impartial way to
discover the Divine law,
irrespective of it leads to a
concession or to a strict
ruling.

Requirement of Ijtihad

Extensive knowledge of :

The Arabic language and literature

The Holy Quran
The back ground of the verses of the Holy
Quran called Asbab-un-nuzool
Critical studies of the traditions relevant to
the exegesis of the Quran
Sunnah

Requirement of Ijtihad

Extensive knowledge of :

Critical studies of ahadith and their

authenticity
Islamic jurisprudence (Fiqh)

Jazak-a-Allah-al-Khair