Many sources of Sharia are used to clearly explain the body of the Islamic law.

Primarily, all reasoning and

logic is derived from either the QURAN or the HADEETH or SUNNAH.
But some problems that do not have a clear solution/answer, in these primary sources then secondary
sources are used to derive such solutions.

All medieval Muslim jurists rejected arbitrary opinion, and instead developed various secondary sources,
also known as juristic principles or doctrines, to follow in case the primary sources (i.e. the Qur'an and
Sunnah) are silent on the issue. These are discussed as follows.

IJMAA or CONSESUS
From a linguistic point of view, the word IJMAA may refer to two things:

1. Decision, as in the verse in which Allah, may He be exalted, says (interpretation of the meaning): So
decide upon your course of action [fa ajmiu] [Yoonus 10:71].

2. Agreement, as it is said Ajmaat al-jamaaah ala kadha [the group agreed upon such and such].

From Islamic point of view:

This is the consensus of Juristic opinions of learned Ulama and the

agreement reached on the decisions taken by learned muftis or the Jurists on
various Islamic matters.
The following hadith of MUHAMMAD (PBUH) is often cited to vindicate the validity of IJMAA.

My community will never agree upon an error.

BASIS OF IJMA:

Quran

Hadeeth

Analogy.

TYPES OF IJMAA:

IJMAA AL-UMMAH - a whole community consensus.

IJMAA AL-AIMMAH - a consensus by religious authorities

MODREN DAY EXAMPLES OF IJMAA:

1. FORBIDDENCE OF WEARING AMULETS AND BRACELETS FOR THE

SAKE OF MEDICATION and PROTECTION FROM EVIL EYE:
 Now a days, many people use rings, amulets and bracelets to cure pain or some sort of internal or
external body disorder. But it is forbidden in Islam as ALLAH is the only Curer. Having known this,
hanging amulets, bracelets, strings and sea shells around children's necks to protect them from envy,
devils and some diseases is also not permissible.

2. FORBIDDANCE OF PLAYING THE ROLE OF PROPHET MUHAMMAD OR

ANY OTHER PROPHET OF ISLAM IN A MOVIE/PLAY.

There is a consensus among Muslim scholars that it is forbidden to play the role of the Prophet
(blessings and peace of Allah be upon him) or other Prophets and Messengers of Allah (blessings and
peace of Allah be upon them) in movies and TV shows. This consensus was mentioned by Shaykh
Bakr Abu Zayd (may Allah have mercy on him) when he said: Those scholars who allowed acting
within certain guidelines are unanimously agreed that it playing certain roles is prohibited in the
case of the Prophets and Messengers of Allah (blessings and peace of Allah be upon them), and that
it is prohibited in the case of the Mothers of the Believers, the wives of the Prophet (blessings and
peace of Allah be upon him) and his descendants (peace be upon them), and in the case of the
Rightly Guided Caliphs (may Allah be pleased with them).

3. CLONING OF THE HUMAN BODY AND ITS ORGANS:

There was no concept of cloning in the time of the PROPHET (PBUH) and SAHABAS (May
ALLAH be pleased with them). But evolutionary biologists have made it possible and are practicing
it. So Ijmaa of scholars in this matter states that separate human organs may be cloned but not the
entire human body.

QIYASS or ANALOGICAL
REASONING
In Islamic jurisprudence, QIYAAS is the process of deductive analogy in which the teachings of the
Hadith are compared and contrasted with those of the Qur'an, in order to apply a known injunction to
a new circumstance and create a new injunction.
In linguistic terms it refers to comparing and seeing similarities.
Literally it means:

Analogical reason in Islam is the process of legal deduction according to which

the jurist, confronted with an unprecedented case, bases his or her argument on the
logic used in the Qur'an and Sunnah.
 PRINCIPLES AND CONDITIONS FOR QIYAAS:

QIYAAS can only be applied when there is no solution to the matter in the Quran or Hadith

QIYAAS must not go against the principles of Islam

QIYAAS must not go against the content s of the Quran nor should it go against the teachings of the
Prophet.

TYPES OF QIYAAS:

QIYAAS al-Jaliyy (transparent)

QIYAAS al-Khaffiy (hidden)

MODREN DAY EXAMPLES OF QIYAAS:

1. ABLUTION (WUDDU) AND NAIL POLISH:

In the time of the PROPHET (PBUH) and the SAHABAS (May ALLAH be pleased with them), there
was no such thing as nail polish, unlike today. The nail polish creates a coat of colour onto the nail
which makes it impossible for the water to reach the nail while performing Wuddu. Thus one would
have no Wuddu nor would one be able to perform Wuddu if theyre wearing nail polish.

2. CONSUMING NEWLY CREATED INTOXICANTS:

Drugs like Meth, Cocaine, Hash, Ecstasy, Heroine and Cannabis are HARAM since PROPHET
(PBUH) said:

"EVERY INTOXICANT IS KHAMR AND SO EVERY INTOXICANT IS HARAM'"

3. EFFECT OF GIVING OR WITHDRAWING BLOOD ON THE FAST OF AN

INDIVIDUAL
Shaykh Ibn Uthaymeen was asked about the ruling on a fasting person having a blood test, and whether
that breaks the fast. He replied:
The basic principle is that the fast remains valid and cannot be spoiled except by things for which there
is shari evidence that they affect the fast. In this case there is no evidence that the fasting person breaks
his fast because of this small amount of blood. With regard to taking a large amount of blood from a
fasting person in order to donate it to a person who needs it, for example, then if a large amount of
blood is taken which has the same effect on the body as cupping, this does break the fast.
 IJTIHAD or REASON
IJTIHAD, lexically means "OPEN-MINDEDNESS."
Ijtihad is one of the most important key words of the Shari`ah, and its goal is defined as comprehending the
purpose of the Quran and the Sunnah. The main purpose of law is to maintain the continuity of answering
peoples needs. A legal system that answers the questions of its era while offering solutions for future
generations can be realized only by constantly renew in itself. In this sense, Ijtihad has very important
functions in keeping the law alive, which is one of the Shari`ahs main dynamics.
The Definition of Ijtihad is

Ijtihad is derived from two words: juhd (exertion of effort or energy) and jahd (the
forbearance of hardship, namely, striving and self-exertion in any activity that entails a
measure of hardship). Thus, it would be suitable to use jahada for one who carries a
heavy load, but not if he/she carries a trivial weight. Ijtihad is the expenditure of effort to
arrive at the correct judgment, whether physical (e.g., walking or working) or intellectual
(e.g., inferring a ruling or a juristic and linguistic theory).

THE VALIDITY OF IJTIHAD:

Many Quranic verses appear to validate ijtihad:

Verily, in these things are ayat (e.g., proof, evidences, lessons, signs) for people who reflect (13:3).
Verily, in these things are ayat for the people who understand (13:4); and Surely, We have sent
down to you (O Muhammad) the book (this Quran) in truth that you might judge between people by
that which God has shown you .

A Mujtahid is the qualified lawyer who uses IJTIHAD.

MODREN DAY EXAMPLES OF IJTIHAD:

1. AUTOPSY/ POST MORTEM OF A DECEASED HUMAN

For centuries, many Muslim scholars have maintained that human autopsies are prohibited. They
considered autopsy a form of violating the deceaseds dignity and also an act of disfiguring the body,
which consequently mandated its utter prohibition. That edict caused Islamic jurisprudence to enter
a crisis, for it was necessary for many Muslim students attending medical schools to conduct
autopsies as part of their medical studies. A group of Muslim scholars have continued to repeat the
same edict, while not at all considering the need of Muslim societies to have proficient physicians,
which requires them to have participated in autopsies during their studies. There has been a group of
modern and open-minded scholars, however, who realized the significance of such needs. Thus, they
issued fatwas, or decrees, allowing medical students to conduct autopsy. These decrees stem from a
basic and prominent Islamic law known as the law of priorities. This law states that when two
Islamic laws conflict with each other, the resolution is to follow the law that is more important. The
application of the law priorities to autopsies, according to those scholars, is that preserving the lives
of people through medical treatment is more important than protecting the dignity of the deceased.

2. CHESS SEEN AS A FORM OF GAMBLING

 The majority of Shiite Muslim scholars hold the playing of chess to be a sinful act simply because it
is deemed to be a form of gambling according to many Islamic ahadith. Consequently, playing
chess, with or without betting, has been prohibited. These days, however, chess is more widely
recognized as an intellectual game, and it is not generally associated with gambling in peoples
minds. Thus, a few contemporary Shiite Muslim scholars, after observing this trend, have ruled
chess playing to be permissible, provided that no betting is involved and the ancient game is viewed
within this new common perception.

3. BUYING OF HOUSES WITH MORTGAGES

In 2000, councils of Muslim ulamas (scholars) in Europe and the United States decreed that it was
permissible for Muslims residing in the West to buy houses with mortgages and to pay interest on
these loans. This contradicted a Qur'anic teaching against charging and paying interest, but respected
Muslim scholars justified the ruling.

REFERENCES:

https://en.wikipedia.org/wiki/Sources_of_sharia

http://muslimarealm.blogspot.com/2012/02/ijtihad-and-its-scope-in-21st-centaury.html

https://www.islamicboard.com/-ilm-knowledge/134316084-ijtihad-qiyas-amp-ijma.html

Kamali, M. H. (1996). Principles of Islamic Jurisprudence. Karachi. Suhail academy. Pp.337-338

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