Question Breakdown
The question demands a detailed account of the four basic sources of Islamic law, namely the Qur’an, Sunnah, Ijma, and Qiyas. Each source must be defined and its role explained through appropriate references. Furthermore, the second part requires special emphasis on Ijtihad—its definition, necessity, legal status, and practical significance. The answer must highlight how Ijtihad serves as a tool for legal dynamism within the Shariah framework, especially when dealing with new issues in a modern context.
Outline
- Introduction
- The Concept of Islamic Law (Shariah)
- Primary Sources of Islamic Law
- A. The Qur’an
- B. The Sunnah
- Secondary Sources of Islamic Law
- A. Ijma (Consensus)
- B. Qiyas (Analogical Reasoning)
- Special Reference to Ijtihad
- A. Definition and Linguistic Meaning
- B. Legal Status and Historical Practice
- C. Importance and Scope in Modern Times
- D. Conditions for a Mujtahid
- Role of Ijtihad in Contemporary Legal Issues
- Difference between Ijtihad and Qiyas
- Critical Analysis
- Conclusion
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Answer to the Question
Introduction
Islamic law, known as Shariah, is a comprehensive legal and ethical code derived from divine guidance. Its purpose is to regulate every aspect of a Muslim's life, ensuring justice, balance, and harmony. The development and application of Islamic law are based on four fundamental sources: the Qur’an, Sunnah, Ijma, and Qiyas. To address emerging issues, Ijtihad plays an indispensable role, allowing qualified scholars to derive rulings in the absence of direct scriptural evidence.
The Concept of Islamic Law (Shariah)
Shariah is the divine law revealed to guide human conduct in all spheres of life. It is not limited to rituals but encompasses civil, criminal, political, economic, and ethical dimensions. Its ultimate goal is the realization of justice, welfare, and the moral purification of the individual and society.
Primary Sources of Islamic Law
A. The Qur’an
The Qur’an is the foremost and most authoritative source of Islamic law. It contains direct legal injunctions concerning acts of worship, contracts, family law, criminal justice, and international relations. As the Quran says, “We have sent down to you the Book as clarification for all things and as guidance and mercy.” (Surah An-Nahl 16:89). Although only about 500 verses directly address legal matters, the Qur’an lays the foundational principles of justice, equity, and morality.
B. The Sunnah
The Sunnah refers to the sayings, actions, and approvals of the Prophet Muhammad (PBUH). It is the second most important source of Islamic law and serves as a practical interpretation of the Qur’an. As the Quran says, “Whatever the Messenger gives you, take it; and whatever he forbids you, abstain from it.” (Surah Al-Hashr 59:7). The Sunnah elaborates on matters briefly mentioned in the Qur’an and provides rulings on issues not explicitly covered by the Qur’an.
Secondary Sources of Islamic Law
A. Ijma (Consensus)
Ijma is the unanimous agreement of qualified scholars on a legal issue after the Prophet’s time. It serves as a stabilizing factor, ensuring unity in jurisprudence. “My Ummah will never agree upon an error.” (Sunan Ibn Majah). Thus, Ijma is based on collective reasoning and is especially valuable in matters where there is no clear textual evidence.
B. Qiyas (Analogical Reasoning)
Qiyas refers to deducing legal rulings by drawing an analogy between a new case and an established one, based on a common effective cause (illah). For instance, the prohibition of drugs is derived from the prohibition of alcohol due to the shared reason of intoxication. Qiyas ensures continuity and consistency in Islamic jurisprudence when new situations arise.
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Special Reference to Ijtihad
A. Definition and Linguistic Meaning
Ijtihad is derived from the Arabic root jahada, meaning to exert effort. In Islamic jurisprudence, it refers to the exertion of a jurist’s intellectual efforts to derive legal rulings from the sources of Shariah in the absence of a clear text.
B. Legal Status and Historical Practice
The Prophet encouraged individual reasoning where necessary. When Mu’adh ibn Jabal was appointed as governor, the Prophet asked:
“According to what will you judge?” He replied, “According to the Book of Allah.” The Prophet said, “And if you do not find it there?” He replied, “Then according to the Sunnah.” “And if you do not find it there?” He replied, “Then I will exert my opinion (Ijtihad).”
(Sunan Abu Dawood)
C. Importance and Scope in Modern Times
Ijtihad plays a critical role in addressing contemporary issues such as organ donation, bioethics, artificial intelligence, and modern finance. It ensures that Islamic law remains relevant and applicable in diverse contexts while remaining faithful to its foundational principles.
D. Conditions for a Mujtahid
Not every individual is qualified to perform Ijtihad. A Mujtahid must possess:
- Deep knowledge of the Qur’an and Sunnah
- Mastery of the Arabic language
- Familiarity with jurisprudential principles (Usul al-Fiqh)
- Knowledge of the objectives of Shariah (Maqasid al-Shariah)
- Piety and sincerity
Role of Ijtihad in Contemporary Legal Issues
Ijtihad allows the formulation of rulings on modern issues such as:
- Islamic banking and finance
- Genetic engineering and cloning
- Environmental protection
- Global human rights
This dynamism prevents Islamic law from becoming stagnant and ensures its applicability in every era.
Difference between Ijtihad and Qiyas
While both are tools for deriving legal rulings, Qiyas is a type of Ijtihad based on analogy. Ijtihad has a broader scope and includes reasoning based on public interest (Masalih Mursala), custom (Urf), and juristic preference (Istihsan).
Critical Analysis
The strength of Islamic law lies in its combination of divine revelation and intellectual flexibility. While the primary sources offer timeless guidance, Ijtihad ensures adaptability. However, unqualified or reckless use of Ijtihad can lead to misinterpretation, hence the necessity for scholarly discipline. Today, the revival of collective Ijtihad through bodies of scholars is vital to meet global challenges.
Conclusion
Islamic law is rooted in divine revelation and nurtured by human understanding through qualified reasoning. The Qur’an, Sunnah, Ijma, and Qiyas form the foundational sources, while Ijtihad serves as the engine for legal renewal. It reflects the intellectual richness of Islamic tradition and its capacity to evolve without losing its essence. In the modern age, Ijtihad is essential for harmonizing eternal principles with contemporary realities.
