Islam is the fastest spreading Religion around the World. Islam is the complete code of life. It gives guidance in all aspects of life.
Under Islamic Law the term law includes the moral law and legal enactment.
Sources Of Islamic Law:
Quran is the primary source of Islamic Law. Quran is not a legal code in the modern sence. The legislative part of Quran is the model illustration for future legislation and does not constituted a legal code by itself.
Quran has vital importance as a primary source. It lay down a way of life which regulates the relationship of man and his relationshipwith God.
The law of inheritance, marriage,divorce, theft, adultery and provisions of war and peace are meant for regulating the ties of man with the fellow beings.
Sunnah is the second source of Islamic law. The Sunnah is closely linked with The Quran.
a) All words counsels of the Prophet (PBUH).
b) Actions, words and daily practices of the Holy Prophet (PBUH).
c) Silence implying a tacit approbation his part of any individual act committed by his disciplines.
Importance Of Sunnah:
Sunnah has great Importance after the Quran. It describes the functions of the Holy Prophet (PBUH)amely, announcing of the revelation before people,giving them guidance.
3) IJMA (Agreement Of Islamic Jurists):
Ijma is an important source of Islamic Law. It is the agreement of the Jurists among the followers of Muhammad (PBUH) in a Particular age on a particular question.
Basis Of Ijma:
Kinds Of Ijma:
Importance Of Ijma:
Ijma as a source of Islamic Law has a great importance. It helps in interpretation of laws according to the changing needs of times and new legislation can be made through its process.
Qiyas is an extension of law from the original text to which the process is applied to a particular case by means of common" ILLAT" or effective cause, which cannot be ascertained merely by interpretation of the language of the text.
Kinds of Qiyas:
a) Qiyas Jali
b) Qiyas khafi
Importance Of Qiyas:
The function of Qiyas is to extend the law of the text to cases not falling within the perview of its terms and not to establish a new rule of Law.
5) OPINIONS OF MUSLIM JURISTS:
Opinion of Muslim Jurists are also secondary source of Islamic Law.
6) NATURE OF LAWS LAYS DOWN:
The Holy Quran is a code of conduct laying down the fundamental principles and not the detailed provisions, so in case of ambiguity reference should be made to the Sunnah.
Nask is also secondary source of Islamic Laws. It is tent of Quran and tradition which have either been totally abrogated or there application limited or modified by the subsequent text.
8) MUSLALAH MURSALA:
Muslalah Mursala means when nothing becomes clear in law after giving reasons then the course which is o be adopted acording to Islamic spirit for instance.
Ijtehaad is one of the source of Islamic law. If a matter is not rsolved expressly in Quran and Sunnah and by the way of Ijman the jurist must not leave the matter unresolved rather he should strive hard to find out the solution under the light of Quran and Sunnah.
10) MUNICIPAL LAWS:
Municipal laws of a state also source of Islamic Lawprovided that these are not contrary to Islamic Concepts. It Includes:
2) Judicial Precedents
11) ISTEHSAN :
Istehsan means preference of one over another considering the former good. When a rule of law deduced by analog is either in conflict with Ijma or is likely to causes inconvenience to its narrowness.
The Hanfis jurists refuse to follow it and give preference to rule, which in his opinion would better advance the welfare of man and the interest of justice.
Kinds Of Istehsan:
Islamic legal system is not a rigid one rather it is much flexible to be adopted according to the changing circumstances and needs of the Society.
The principle of Istehsan provides an opportunity to Muslim Jurists to interpret the law according to the spirit of and true intention of Islam.
12) ISTIDLAL :
Istidlal means inferring from, a thing. It is the name for a distinct method of juristic ratiocination, not falling within the scope of interpretation or Analogy.
c) Authority Of Previous Revealed Law.
Istidlal as secondary source of law has importance in law making.
Taqlid negates the concept of Ijtihad. Taqlid means to follow the opinion of past jurists. It is the discussion on the historical development of Islamic Jurisprudence.
In short, The Quran is th basic and primary source of islamic Jurisprudence and laws. The basis sources of Islamic laws are Quran nad Sunnah. All te Sources have importance in Islamic Jurisprudence and law making.