Ancient Sources – There are Four types of Ancient Sources in Muslim Law.
- The Quran
- The Sunna (tradition)
- The Ijma
- The Quiyas
The first two are primary sources in all Law Schools and under Muslim Law.
Sources of Muslim Law
1. Ancient Sources
2. Custom Sources
3. Modern Sources
- Quran derived from ‘Qure’ like ‘Qure-et’ i.e. divine communication & revelation between the prophet of Islam.
- It contains very words of God as commuted to Prophet Mohammad through angel Gabriel, that is also called as ‘Farishta’.
- Structure basis on which Islam’s rests upon, and also whole Muslim Law.
- Quran regulates the individual, social, secular & spiritual life of Muslims.
- It is Holy/ divine books of Muslims.
- It has 6000 verses divided into 30 parts & 114 chapters.
- Out of these, 200 verses deal with rules and principles of law.
- Out of 200 verses, 80 verses relate to personal (family) law and rest deals with state and polity.
- Quran teaches the truth and the right path to human beings.
Quran has spiritual value and hence Muslims proclaim that. Their law can’t be changed or modified by the Union Parliament or State legislature.
The contents of the Quran are divided into four heads.
1. Metaphysical and Abstract
3. Ethical & Mystical
4. Rituals & Legal
- The Quran says, “Whatever the prophet gives accepts it, & whatever he forbids or abstains from it”.
- It also says, “He doesn’t speak out of his desire. It is not but the revelation revealed to him”.
- “Obey God & obey the messenger“.
#2. The Sunna
- Sunna/ Sunnah has a literal meaning, “The trodden path”, ‘a procedure’, ‘a way of action’.
- Some kind of practice & precedent.
- It has come from the utterance, deeds and the practices of the prophet.
- Sunna embodies the practices, the deeds, the actions & the approvals of Islamic action.
- As the death of Mohammed terminated the living source of motivation for Muslim followers. So, it created the problem that is dealt with by supplementary provisions of the Quran by facts from the life of prophet & from his sayings.
The traditions are Sunnah contains traditions followed. Not only by prophet Mohammed but also from his companions, his successors & successors of successors from the general body of Ulma.
#3. The Ijma
Ijma:- At this point in time, Ijma is important.
As Quran and Sunnah look to past, while Ijma & Quiyas deal with the future of Islamic jurisprudence.
- Term Ijma means, the consensus of opinion of the companions of Prophet Mohammad.
- Sir Abdul Rahim, a legal scholar, defines Ijma as, “The agreement of jurists among the followers of Mohammad in a particular question.”
- After the death of the prophet, there are certain problems that couldn’t be decided by Quranic and Alladis reference. That’s why jurists look for the principal of Ijmaa to the solution.
- Ijma in Muslim Law, which once established cannot be replaced. As sunnah said, “God will not allow his people to agree on an Error.”
“God will not allow his people to agree on an Error.”The Holy Book – Quran
Ijma has lifetime validity as long as not opposed to Quran and Sunnah.
#4. The Quiyas
- This term is meant by Analytical deduction, measuring Accord or Equality.
- The Arabic root of the word means, ‘To beat together’.
- Abdur Rahim says, ‘The Quiyas is a process of deduction by which the law or text is applied to cases, which though not covered by the language. They are governed by reason of text‘.
- In law, one can be called it Interpretation.
Shias (A type of Muslims’ group) do not accept Quiyas as a source of law.
Qiyas is not a proposition of law & is more in the nature of an application of the law.
It is also not universally accepted as a source of Law. Unlike three other sources of law, it doesn’t have that much significance.
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