The secondary

sources of islam..
[Type the document subtitle]

Comsats institute of information technology.

Submitted by:sp19-bse-022(maria sher)

Submitted to :sir illyas janjua

Secondary sources of islam…
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Islam the monotheist religion that proclaims the oneness of Allah and the finality of prophet
hood(P.B.U.H).ISLAM BEGINS IN 7TH CENTURY BC. yet the first person on earth
Adam(A.S) was also a follower of the same belief .with the passage of time the deen and sharia
of many prophets were overwritten and cancelled in accordance with the need of the people of
that time. At last come the final prophet(p.b.u.h)and after him all the deen and sharia of the time
were cancelled .His religion was proclaimed the last of all and his sunna the best principals to
follow.

But time change and new problems began to threaten the balance of evil and virtue . The
Prophet (peace be upon him) did not leave this world until after the s
structure of the Sharia was completed and its basis and general principles fully outlined. This has
been established by a clear text from the Quran:
“
This day I have perfected for you your religion and completed My favor upon you andhave
approved for you Islam as religion..
”
(AlQuran 5:3)
At the same time, the Prophet (peace be upon him) did not leave for his Companions fully
codified Law. He left them with only a collection of principles and general rules and a number of
specific injunctions and judicial verdicts that are found in the Quran and Sunna .It was left on
Muslim scholars to guide public on new emerging issues, in the light of these principles laid
down in the shape of Quran and Sunna . That was a great responsibility which was rightly done
by many great scholars. However, four schools of thought became prominent of them
and eventually they were called as “Four Schools of
Thought .
All Muslim Jurists are unanimously agreed that every word and action of a man though related to
worship, trade, crime, and politics or even to personal life, has legal ruling(Hukm) under Islamic
Law. From these legal rules (Ahkam), some of them explicitly have been described in the text of
Quran and Sunna and some legal rules are not mentioned ,however guidance has been provided
to Muslim Jurists (Mujtahideen) to find and explore in the light of Quran and Sunna. The study
and exploration of these legal rules by Muslim Jurists may be called as Islamic Jurisprudence.

Secondary sources of Islam:

however if the sources such as Quran and sunna are not enough then the ulama of the time prefer
to agreed on
Secondary Sources of Law which includes Ijma, Ijtehad, Qiyas and Urf etc.
"God's hand is with the entire community"
Ijma:
ijma is the 3rd source of sharia
Literal meaning Consensus.
ijma' represents the unanimous agreement of Muslims on a regulation or law at any given time/
There are various views on ijma' among Muslims. Sunni jurists consider ijma' as a source, in
matters of legislation, as important as the Qur'an and Sunnah. Shiite jurists, however,
consider ijma' as source of secondary importance, and a source that is, unlike the Qur'an and
Sunnah, not free from error.[19] Ijma' was always used to refer to agreement reached in the past,
either remote or near
Qiyas :

Muhammad said: "Where there is no revealed injunction, I will judge amongst you
according to reason.”
analogical reason is the fourth source of the sharia for the majority of Sunni jurisprudence. It
aims to draw analogies to a previously accepted decision. Shiites do not accept analogy, but
replace it with reason (aql); among Sunnis, the Hanbalites have traditionally been reluctant to
accept analogy while the Zahirites don't accept it at all. Analogical reason in Islam is the process
of legal deduction according to which the jurist, confronted with an unprecedented case, bases
his his or her argument on the logic used in the Qur'an and Sunnah. Legally sound analogy must
not be based on arbitrary judgment, but rather be firmly rooted in the primary sources. For
example, wine is prohibited in Islam because of its intoxicating property. Thus qiyas leads to the
conclusion that all intoxicants are forbidden.
Islamic Jurisprudence

is the study of Islamic law. It is a type of science that explores the creation, application, and
enforcement of laws. It is the study of theories and philosophies regarding Islamic law. If we
understand the theories and philosophies behind law, then we can better understand laws.
Juristic preference

Abu Hanifa developed a new source known as juristic preference.[24] Juristic preference is
defined as:

 A means to seek ease and convenience,

 To adopt tolerance and moderation,
 To over-rule analogical reason, if necessary
The application of analogy means the public may not use the well, and therefore causes
hardship. Thus the principle of justistic preference is applied, and the public may use the well for
ritual purification
Inference
 inference, a process of seeking guidance from the source. Inference allowed the jurists to avoid
strict analogy in a case where no clear precedent could be found. In this case, public interest was
distinguished as a basis for legislation.
Muslim scholars divided inference into three types. The first is the expression of the connection
existing between one proposition and another without any specific effective cause. Next,
inference could mean presumption that a state of things, which is not proved to have ceased, still
continues. The final type of inference is the authority as to the revealed laws previous to Islam
Reason(aqal)…
Shi'ite jurists maintain that if a solution to a problem can not be found from the primary sources,
then aql or reason should be given free rein to deduce a proper response from the primary
sources. The process, whereby rational efforts are made by the jurist to arrive at an appropriate
ruling, when applied is called ijtihad (literally meaning "exerting oneself"). Shi'ite jurists
maintain that qiyas is a specific type of ijtihad.
There are many justifications, found in the Qur'an and sunnah, for the use of ijtihad. For
example, during a conversation with Mu'ādh ibn iqbal, Muhammad asked the former how he
would give judgments. Mu'ādh replied that he would refer first to the Qur'an, then to the Sunnah
and finally commit to ijtihad to make his own judgment.