SLIDES file # 2

Course No:
Course Title:
Instructor:
Chapter 1 :

ISL 110
Islamic Culture
Mr. Taher Shah Hussain
Sources of Islamic Legislation

SOURCES OF ISLAMIC LAW

QURAAN
SUNNAH

Al-Ijtihad
AL-IJMAH

QIYAS

Al-Istihsan
Sadd al-Dharai
Al-Istishab
Qawl
al-Sahabi

Al-Urf
4
schools of
Sunni Jurisprudence

Al-Masalih
al-Mursala

Sharu min
Qablana

ISLAMIC LAW (SHARIAH)

Means Straight Path
Code of Law for Islamic Way of Life
Contains Divine Instructions
Covers every sphere of Life
Classified as Obligatory
(compulsory), Recommended,
Indifferent, Reprehensible, and
Forbidden

The Holy Quran History of Quran

Outlines

What is Quran?
The difference between Quran and other religions.
Revelation period
Purpose of the Quran
Why was the Quran written in the prophets life time?
On what basis did Muslim scholars believe that the
Quran was built?

What is Quran?

The last and complete book

All Muslims believe in it

Guide all Muslims into a better and

faithful life.

The difference between

Quran and other religions

Revealed to the prophet on different

occasions

Other religions example Torah were

revealed on a single occasion

A period of twenty two years (Quran)

Revelation period

First sura is al-Alaq

In the month of Ramadan ninth

month of the Arabic calendar

In Makkah

Purpose of the Quran

Guidance and primary teaching for mankind

Solve a particular question

Deal with the requirements of a particular

occasion

General advice for the people

Why was the Quran not

written during the prophets
life time?

Interpret obscurities

Elimination of any misconstruction

Deletion or interpolation

On what basis did Muslim

scholars believe that the
Quran was built?

Relief of mans burden: remission of

duties when the person is not able,
under special circumstances to
fulfill his duties E.g. sick people do
not fast in the month of Ramadan.

Gradual legislating

Eliminates bad behaviors from the

society such as drinking wine

THE QURAAN

Muslims believe in all the Heavenly Books

The Last and Complete Book
In Original Form
Widely read Book
Has 30 Parts, 114 Chapters, 6666 Verses
For Guidance of Humanity
Every word is preserved
Beyond Time and Space

Surely, we have revealed this

reminder and We verily are its
Guardian
In Living Arabic Language
Living Proof of the Existence of Allah
Subject Matter is Man and its Goal
Our Success in obeying the Quraan

The sunna is the way or deeds

of Muhammad in Sunni Islam,
and the twelve Imams in Shia
Islam. Muhammad Messenger
of Allah lived his life.

No devout Muslim would ever dare

to go against the teachings of the
Qur'n and Sunnah, but it is
regrettable to note that some of the
liberal elite tend to raise the slogan
that the Book of God (i.e. the
Qur'n) is enough and that there is
no need at all for the Sunnah of the
Prophet (P.B.U.H)

Slogans like this are raised mainly by people

who want to get rid of the Islamic Law
(Arabic: Sharee'ah) completely. The Sunna of
the Prophet, upon him be peace and blessings,
being every act, saying and confirmation of
Gods Messenger, upon him be peace and
blessings, is the second source of Islamic
legislation after the Quran.

The Holy Quran enjoins the Muslims, in

many verses, to follow the Sunna, as do
numerous authentic Traditions of the
Prophet himself.
The Sunna is inseparable from the
Quran.
Sunna has been studied almost with the
same care as the Quran.

The Various purposes of Sunnah

1. The Sunna explains Qur'nic
injunctions in detail.
2. The Sunna can establish a specific
meaning when a number of meanings
are possible.
3. The sayings of the Prophet
Muhammad (Arabic: ahadith) explain
some historical events in detail since
they are mentioned only briefly in the
Qur'n

The Sunna can specify exemptions

from a
4. general injunction.
5. Deduction of a similar injunction
in an analogous case.
6. The Prophet, peace be upon him,
gave additional injunctions in a
number of issues.

1.Confirmatory Sunna
2.Interpretatory Sunna
3.Rule establishing
(legislative) Sunna

THE SUNNAH

Means path or example

Practices of Prophet peace be upon Him
Explanation of Quraan
We have sent down to you the
message; that you may explain clearly
to men what is sent for them
He who obeys the messenger, obeys
Allah.

Preservation of Sunnah

Companions memorized the sayings

Instruction to Abdullah, Write
down, for I only speak the truth
Some people didnt write with fear
of mixing Quraan and Sunnah
Omar Bin Abdul Aziz ordered to
write Ahadith

Collection of Ahadith

Ahadith very carefully collected in 3rd

Century
Many Books but six collections the
most authentic.

Sahih Al-Bukhari by Muhammad bin Ismail

Sahih Muslim by Muslim Bin Hajjaj
Sunan Abu Dawud by Suleiman Bin Ashath
Sunan Ibn Majah by Muhammad Bin Yazid
Jamia At-Tirmidhi by Muhammad Bin Eisa
Sunan An-Nasai by Ahmed Bin Shuayb

THE AL-IJMAH

Collective Decision of Muslims on new

matters
Prophet (peace be upon Him) got
suggestions and decided accordingly.
But the decision of the Prophet was
taken as final
Regular Al-Ijmah started at the time
of Caliphate

The Caliph got suggestions on new

matters and made collective decision
Their selection procedure, expansion
of mosques, regular defence forces,
collection of Quraan, Ahadith, Fiqh
etc are the examples

It is accepted that Islam has solution of

every Problem of every time and place.

How to solve problems in Current

Modern Islamic World?

THE QIYAS

Means comparing one thing with another

similar thing
Used to solve modern problems by finding
something similar in the Quraan / Ahadith.

Muslim jurists expanded legal principles.

Qiyas widely discussed as Muslims seek to

find answers of different new problems

Quraan confirms the necessity of

Qiyas:-

Whenever these people hear any

news concerning peace or danger
they make it known to all, instead of
this,
if they should convey it to the
Messenger and to the responsible
people of the community.

it would come to the knowledge of

such people who among them are
capable of shifting it and drawing
right conclusions from it

Hadith confirms the Qiyas:The Prophet asked him, O Muadh,

How will you judge when the occasion
arises.

Muadh replied, I will judge in

accordance with Allahs Book.

The Prophet asked, What will you do

if you cannot find guidance in Allahs
Book.

Muadh answered, I will act in

accordance with Allahs Messengers
Sunnah.

The Prophet asked, What will you do

if you find no guidance in
Messengers Sunnah.

Muadh replied, I will do my best to

form an opinion and spare no pains.