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Write on a comprehensive essay on the basic sources of law in Islam.

Miss Ayesha Irfan

Miss Ayesha Irfan, an expert Islamiat coach, guides students with deep insights.

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1 August 2025

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This following question was asked in CSS 2003. Islamic law, known as Shari‘ah, derives its authority from four fundamental sources: the Qur’an, Sunnah, Ijma (consensus), and Qiyas (analogy). These sources constitute the primary framework for legal rulings and ethical guidelines in Islam. While the Qur’an and Sunnah are divine and immutable, Ijma and Qiyas serve as dynamic mechanisms that allow Islamic jurisprudence to remain relevant across time and contexts. This article offers an in-depth analysis of each source, demonstrating how they collectively uphold the moral and legal fabric of Islamic civilization.

Write on a comprehensive essay on the basic sources of law in Islam.

Question Breakdown 

The question demands a comprehensive explanation of the four fundamental sources of Islamic law. First, it requires a detailed elaboration of the divine sources: the Qur’an and Sunnah, their nature, significance, and legal authority. Secondly, it requires a scholarly discussion on the derived sources, Ijma and Qiyas, including their types, role in Islamic jurisprudence, and acceptance by jurists. The essay must also demonstrate how these sources ensure flexibility and continuity in Islamic law, with appropriate references from Islamic texts and scholarly traditions.

Outline

  1. Introduction
  2. The Nature of Islamic Law (Shari‘ah)
    • A. Definition of Shari‘ah and Fiqh
    • B. Objectives of Islamic Law (Maqasid al-Shari‘ah)
  3. The Qur’an, The Primary Source
    • A. Divine Revelation
    • B. Legal Verses (Ayat-e-Ahkam)
    • C. Scope and Authority
    • D. Interpretation and Application
  4. The Sunnah, The Second Source
    • A. Definition and Classification
    • B. Legal Authority of the Sunnah
    • C. Types of Sunnah: Qawli, Fili, Taqriri
    • D. Compilation and Authenticity
  5. Ijma, Consensus of the Ummah
    • A. Definition and Historical Roots
    • B. Legal Basis in Qur’an and Hadith
    • C. Types of Ijma
    • D. Role in Legislation and Preservation of Unity
  6. Qiyas, Analogical Reasoning
    • A. Definition and Conditions
    • B. Methodology of Qiyas
    • C. Legal Examples
    • D. Relevance in Modern Jurisprudence
  7. Contemporary Relevance of Islamic Legal Sources
  8. Conclusion

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Answer to the Question

Introduction

Islamic law, or Shari‘ah, represents the divine legal and moral code intended to govern every aspect of a Muslim’s life. Derived from both textual revelation and rational principles, it ensures justice, compassion, and social welfare. The Qur’an, Sunnah, Ijma, and Qiyas are the foundational sources of Islamic law that together preserve its universality and adaptability.

The Nature of Islamic Law (Shari‘ah)

A. Definition of Shari‘ah and Fiqh

Shari‘ah literally means “a clear path to be followed,” while Fiqh refers to the human understanding and application of Shari‘ah principles. These terms are distinct yet interdependent, with Shari‘ah being divine and Fiqh being interpretative.

B. Objectives of Islamic Law (Maqasid al-Shari‘ah)

The primary objectives of Shari‘ah include the protection of faith (din), life (nafs), intellect (‘aql), lineage (nasl), and property (mal). These goals ensure a balanced legal and ethical system.

The Qur’an, The Primary Source

A. Divine Revelation

The Qur’an is the direct word of Allah revealed to Prophet Muhammad (PBUH). It lays the foundation for all Islamic beliefs, rituals, and legal injunctions.

B. Legal Verses (Ayat-e-Ahkam)

Out of over 6,000 verses, approximately 500 deal directly with legal matters—covering areas like criminal law, marriage, inheritance, and contracts.

C. Scope and Authority

The Qur’an is the ultimate source and supreme authority. Its rulings are immutable, and all other sources derive legitimacy from its principles.

D. Interpretation and Application

While the Qur’an lays general principles, the Sunnah and Ijtihad are necessary to contextualize and apply its teachings to new issues.

The Sunnah,  The Second Source

A. Definition and Classification

Sunnah refers to the sayings, actions, and tacit approvals of the Prophet (PBUH), who was the living embodiment of the Qur’an.

B. Legal Authority of the Sunnah

Allah commanded obedience to the Prophet:
“Whoever obeys the Messenger has obeyed Allah.”
(Surah An-Nisa 4:80)

C. Types of Sunnah: Qawli, Fili, Taqriri

  • Qawli: Verbal sayings (e.g., Hadith on trade)
  • Fili: Actions (e.g., how to perform Salah)
  • Taqriri: Silent approvals (e.g., companions’ practices endorsed by silence)

D. Compilation and Authenticity

The Sunnah was transmitted orally and later compiled by scholars like Imam Bukhari, Muslim, and others through rigorous methods of authentication (Isnad and Matn analysis).

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Ijma,  Consensus of the Ummah

A. Definition and Historical Roots

Ijma is the unanimous agreement of Muslim jurists on a legal ruling after the Prophet’s time. It represents collective wisdom and authority.

B. Legal Basis in Qur’an and Hadith

The Prophet (PBUH) said, “My Ummah will never agree upon an error.” (Sunan Ibn Majah)

C. Types of Ijma

  • Explicit (Sareeh): Verbal agreement of scholars
  • Tacit (Sukooti): Silence of the majority with no opposition

D. Role in Legislation and Preservation of Unity

Ijma ensures consistency in legal rulings, guards against deviant interpretations, and reflects the dynamic nature of Islamic law.

Qiyas, Analogical Reasoning

A. Definition and Conditions

Qiyas is applying a known ruling to a new case based on shared reasoning ('illah). For instance, intoxicants are prohibited due to their intoxicating effect; thus, drugs are analogously prohibited.

B. Methodology of Qiyas

It includes four elements:

  • Original case (Asl)
  • New case (Far‘)
  • Effective cause (‘Illah)
  • Legal ruling (Hukm)

C. Legal Examples

Using Qiyas, scholars extended rulings such as the prohibition of cocaine by analogy with alcohol due to intoxication.

D. Relevance in Modern Jurisprudence

Qiyas allows scholars to respond to new legal issues in finance, medicine, and technology while staying rooted in Islamic principles.

Contemporary Relevance of Islamic Legal Sources

In today’s world of complex legal and ethical challenges, the integration of classical sources with modern tools of Ijtihad ensures that Islamic law remains a vibrant and practical system. Institutions like Islamic councils and fatwa boards continue to use these sources to formulate contextually relevant rulings.

Conclusion

The basic sources of Islamic law, Qur’an, Sunnah, Ijma, and Qiyas, constitute a comprehensive and flexible legal framework. They not only preserve divine guidance but also allow the Islamic legal system to evolve across the ages. Understanding and implementing these sources is essential for the continuity of justice, morality, and divine will in Muslim societies.

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1 August 2025

Written By

Miss Ayesha Irfan

BS (Hons.) Zoology

Author | Coach

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1st Update: August 1, 2025

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