The Sources of Law

Introduction to Fiqh RKFQ 2062

The Sources of Law

Introduction
Classification:
a. Origin b. Utilization c. Agreed Upon

d. Disagreed Upon

Introduction

The evidences of religious law from which the law and legal obligations of the Muslim are derived. The scholars of Islamic law have classified the sources of Islamic law into various classifications. Classification according to the origin: a. Textual sources [al-Nass]

b. Non-textual sources [al-Rai]

Classification according to the utilization: a. Agreed upon [Muttafaq alayha] b. Disagreed upon [Mukhtalaf fiha]

Origin
Al-Nass: al-Quran and al-Sunnah.
These two are called textual because the Quran and the corpus of Hadith are wholly contained between the covers of books, or because the two are the texts of revelation.

al-Ray or Ijtihad
The sources which are based on the power of reasoning and therefore are non-textual sources because it based on the exercise of human intellect.

Utilization
a. Agreed upon [Muttafaq alayha]
Sources in which the scholars of Islamic law are in agreement in utilizing them.

b. Disagreed Upon [Mukhtalaf fiha]

Sources in which the scholars differ in utilizing them as a basis in deducing the rulings.

Agreed upon

Al-Quran Sunnah Ijma [Consensus of Opinions]

Qiyas [Analogical deductions]

Disagreed Upon

Juristic preference (Istihsan) Presumption of continuity (Istishab) Custom (urf) Consideration of public interest (Masalih al-

Mursalah)
Blocking the means (Sadd al-Dharai)

Practice of the people of al-Madinah (Amal ahl

al-Madinah).

Agreed Upon
Al-Quran

Al-Quran
Meaning: Literal & Technical
Arrangement of Verses Features The Makkan and Madinan General Classification of Verses

Al-Quran
Literal: Derived from the root word [ ]

means reading or recitation.

Technical: the Book containing the words

of Allah revealed to the Prophet s.a.w. Muhammad s.a.w. in Arabic and transmitted to us by continuous testimony [tawatur]

The contents of al-Quran are not classified subjectwise. The verses on various topics appeared in different places, and no particular order can be establish in the sequence of its text. The arrangement of verses and al-ayat is fixed () and therefore cannot be violated. Al-Quran is an a comprehensive and indivisible guide for all aspect of human life and must be accepted and implemented in its entirety. Allah said:

Then do you believe in a part of the Scripture and reject the rest?
[al-Baqarah: 85]

Distinctive Features of al-Quran

The actual Word of Allah
Revealed in Arabic language Transmitted with continuous testament

(mutawatir).
Miracle Complete and comprehensive

Actual Word of Allah

The wordings and meanings of al-Quran were from Allah, the Prophets task is only to convey the message to mankind.

Revealed in Arabic
The chosen language by Allah for His revelation. Allah said:
(The Quran was revealed) In the plain (clear & pure) Arabic language.
[Al-Shuara: 195]

Since the Quran was revealed in Arabic, the translation of it in any language is not considered as al-Quran and all the rulings related to al-Quran does not apply to the translations.

Transmitted with continuous testament (mutawatir)

Al-Quran was transmitted from the Prophet s.a.w to the following generation by such a large number of people that they cannot be expected to agree upon a lie, all of them together. Such kind of transmission implies that there is no doubt about the authenticity of al-Quran as there is evidence about its transmission.

The Quran is Allah's eternal miracle revealed to the Prophet s.a.w. for all succeeding generations. Allah said:

"Say, if the whole of mankind and jinns were to gather together to produce

the like of this Quran, they could not produce the like thereof; even if they backed-up each other with help and support." (17.88)

 Al-Quran is complete and comprehensive.

Allah said:

" And We have sent down to you the Book (the Quran) as an exposition of everything, a guidance, a mercy, and glad tidings for those who have submitted themselves (to Allah as Muslims)"
[Al-Nahl:89]

The Makkan and Madinan Revelation

Makkan
19/30 were revealed during the first 11/30

Medinan
were revealed after the Prophet s.a.w.s migration to alMadinah over a period of just about nine and a half years. comprised legal rules and regulated the various aspects of life in the new environment of al-Madinah. Example: Principles regulation of the political, legal, social, organization of the family and economic life of the new community in Madinah

twelve and a half years (12.5) of the Prophet s.a.w. residence in Makkah.
The Makkan part of the Quran

The Madinan part of the Quran

mainly emphasis on: a. The topics related to believe, b. The Oneness of Allah (Tawhid), c. The necessity of the Prophet hood of Muhammad s.a.w., d. The hereafter, argument with the unbelievers and their invitation to Islam.

General Classification of the Verses in al-Quran

There are different kinds of verses in the Quran which can be classified into four categories as follows:
a. The verses related to the Islamic believe system (aqidah), which includes the belief in Allah, His Prophet s.a.w.; belief in the Day of Judgment and other related theme. [click] b. The verses related to the moral and ethics (akhlaq), which include the good ethics system that must be upheld and the evil deeds, which must be avoided. [click]

c. The verses related to the stories of the earlier Prophet s.a.w.s of Allah a.s. and the previous people (qasas al-Qurani) which can be taken as a lesson for everyone. [click]
d. The verses related to the sayings and doings of the individuals and his relations with others which are also called Ayat al-ahkam or the legal verses of the Quran. [click]

Example I

And those who believe (in the Oneness of Allah swt- Islamic Monotheism) and do righteous good deeds, they are dwellers of Paradise, they will dwell therein forever.
[al-Baqarah: 82]

Example II

There is no good in most of their secret talks save (in) him who orders Sadaqah (charity in Allah's Cause), or Ma'ruf (Islamic Monotheism and all the good and righteous deeds which Allh has ordained), or conciliation between mankind, and he who does this, seeking the good Pleasure of Allah, We shall give him a great reward.
[al-Nisa: 114]

Example III

So when she heard of their accusation, she sent for them and prepared a banquet for them; she gave each one of them a knife (to cut the foodstuff with), and she said [(to Yusuf (Joseph)]: "Come out before them." Then, when they saw him, they exalted him (at his beauty) and (in their astonishment) cut their hands. They said: "How perfect is Allah (or Allah forbid)! No man is this! This is none other than a noble angel!" [Yusuf: 31]