Sources of Islamic Law

• Source of Muslim law is categorised into two primary source and secondary source. Primary source includes Quran, Sunna, Ijma, Qiyas’s secondary source includes custom legislation, justice equity and good consensus.

A. Primary Sources

1. Quran

• Quran bird derived from Arabic word. Qurra means “ought to be read” or “Reading”
• Quran has a divine origin.
• Quran is a collection of all Wahi got by prophet. Quran is believed to be first word of God. This divine revelation sent Gabriel are called Wahi
• All this revelation, which was written were collected by Zaid Bin Sabit Though Zaid could not maintain the sequence in which revelation was revealed. It is Not book of science, nor other specific subject but in word of Abdullah Yusuf Ali, Basic rule and principle of Shariat Concerning civil criminal substantive law and law evidence are contained in this book.
• Paramount and Universal Authority of Muslim law is Quran, at present it is a book divided into 30 chapters and 600 versus, out of which 200 are related to family law. Quran is not written during the life of prophet. It is a compilation of work and was undertaken during the time of first and second Caliph afterwards revised in the time of Ozman.
• There are no systematic arrangement of verses law lies scattered throughout the Quran. Quran contains fundamental principle which regulate the human life.
• Quran was revealed in Arabic and is having the semi poetic system translated in almost all the leading language of world.
• Not a code, though it resembles it, because it was given to the world fragmentary forms, extending over a period of twenty years

2. Sunnat

• Mohammadian in society being progressive, faced with numerous problems to which the Quran was silent.
• What was said or done or upheld in silence of Quran by prophet became primary source of Muslim law
• Narration of what prophet said, did or allowed is called Sunnat or tradition.
• The tradition not reduced to writing During the life of prophet, they have been presented and handed down from generation to generation.
• Literal Meaning of “Sunnat” is a patch a procedure a way of action, denote some type of practice or Precedent
• Sunnat signify ideal or practise followed by prophet. Sunat include tradition and practise, not merely a prophet, but also his companion and successor
• Sunnat is a source of law as binding, and these are principles stated in Quran
• Sunat is further classified into three categories:
  
  i. Sunnat-ul-file – Tradition about what prophet did himself
  
  ii. Sunnat-ul-Qual – Tradition about what he enjoyed by words
  
  iii. Sunnat-ul-Taqir - what was done in presence of prophet without his disapproval.

3. Ijma

• Defined by Sir Abdul Rahim as “agreement of jurist among follower of Prophet is a particular age on a question of law”
• Ijma means opinion of companion of prophet
• Consensus of opinion is recognised as best guide of law. Thus, 3rd source of law.
• Principle of Ijma is based upon Hadis that “God will not allow his people to agree on error.”
• Rules Deduced on the basis of Ijma have varying degree of sanctity in different school, but are agreed that where there is a valid consensus and no disagreement can thereafter be allowed
• All Sunni school recognise Ijma as fundamental source of law, where Quran and tradition of prophet are silent
• Kinds of Ijma
  
  a. Ijma by companion of prophet
  It is universally accepted. Great weight will keep attached to Ijma of companion of prophet, because it is as much as viewpoint of prophet
  
  b. Ijma by Jurist
  This kind of Ijma is concerned. There is a diverging of opinion regarding Exact procedure of formation. Exact number of Necessary to form Ijma, whether Ijma is by majority decision or by unanimous opinion, whether decision of jurisdiction should be proceeded by reasoning
  
  c. Ijma of people
  Opinion of Muslim population as a whole may have an important, but actual practise of Ijma, of Muslim has no value in law with regard to Legal matter, but in matter relating to religion, has a great weight attached to it.

4. Qiyas

• Last primary source key, means reasoning by analogy from above three sources.
• The rule is deducted by exercise of reason.
• Qiyas may be defined as the process of deducting. by which the law of text is applied to cases.
• Qiyas does not, Purpose to create new law, but merely apply to old, established principle to new circumstances.
• All School of Sunni law agreed to the matter which not have provided by Quran, Ijma or Suna Law may be deducted from what laid down by authority, by process of Analogy Qiyas Which give rise to doctrine of analogical reduction or private judgement

B. Secondary sources.

1. Custom.

• Useful pre-Islamic custom of Arabia was recognised by Islamic jurisprudence. So, not primarily still a secondary source of law,
• Custom also known as Urf or ta-amul or Adat a source of law, have force of Ijma
• Custom holds, same rank as Ijma.
• Groundwork of Mohammadian Legal system like that of another legal systems. Is found in custom and usage
• Jurists consider customs, which do not defy or contradict express text in Quran and Sunat can form a source of Islamic law, though sometimes limited by geography.
• Shia recognise customs and usage but in Limited sense
• Custom was never formally recognised as source of Muslim law, though it has been occasionally referred to as supplementing the law
• Requirement of valid customs are
  
  i. Custom must be relevant
  
  ii. must be territorial.
  
  iii. It should not be immoral or against public policy.
  
  iv. It should be continuous and invariable.
  
  v. It should not be opposed to Islamic law.
• Hence’s importance of customs, not less than other secondary source of law.
• Customer source of law was supported by Abu Hanif, Malik, Hanbali, Iman Tufi and Ghazali

2. Legislation

• Act of Indian Legislature Various laws religious. Tolerance Act Freedom of religious act, the Guardian and Wards Act have considerably affected, supplemented and modified law’s

3. Justice equity and good consciences

• In Muslim law principle of Justice, Equity and good consciences can also be regarded as one of the sources
• Abu Hanif, the founder of Hanif Seth of Sunna, expounded the principal of rule of law.
• The principle of Muslim law is also known as jurisdictions equity with regard of Muslim law.