Do you know what the foundations of Islamic law are? As a Muslim, this is something important to understand because the sources of Islamic law influence its regulations.
From manners in eating and drinking to trade practices in Islam, the four sources of Islamic law provide detailed guidance for daily life. To better understand these sources, let’s explore them below.
Sources of Islamic Law
As explained earlier, there are four main sources of Islamic law. The primary sources are the Qur’an and Hadith, while ijma and qiyas serve as complementary sources.
1. The Qur’an
The Qur’an is the highest source of Islamic law. It is the word of Allah revealed to Prophet Muhammad (peace be upon him) as a guide for Muslims.
This sacred book in Arabic is not just a text to be recited but contains guidance in three main forms:
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Guidance on the structure of reality and man’s place within it, including moral and legal aspects.
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Guidance through summaries of human history, including the stories of kings, saints, prophets, and nations.
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Guidance in the form of miracles.
The Qur’an was revealed in two stages:
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Meccan phase: From Muhammad’s appointment as a Prophet until his migration to Madinah. Its verses cover teachings such as monotheism, the existence of Allah, eschatological issues, stories of the past, prayer, and challenges to nonbelievers.
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Madinan phase: From the start of the Hijrah until the Prophet’s passing. These revelations include legal discussions for building the newly established Islamic community.
2. Hadith
Hadith is the second main source of Islamic law. It consists of the words, actions, approvals, and even silence of Prophet Muhammad (peace be upon him).
Hadith serves as an explanation of the Qur’an. In practice, the rules found in the Qur’an and Hadith complement each other without being bound by the time of revelation.
3. Ijma
Ijma, meaning “consensus,” is another source of Islamic law. In terminology, it refers to the agreement of scholars on a particular ruling after the death of the Prophet, based on interpretations of the Qur’an and Hadith.
When issues arise that are not explicitly mentioned in the Qur’an or Hadith, scholars may conduct ijtihad (independent reasoning), deliberate, and agree upon a ruling.
Initially, ijma was practiced by caliphs and state leaders, but over time it expanded to include more scholars, especially those qualified for ijtihad. There are two types of ijma:
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Ijma Sharih (explicit consensus): An agreement reached through clear statements or actions of the scholars.
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Ijma Sukuti (silent consensus): Agreement that occurs when a scholar gives an opinion and others remain silent, allowing the view to spread.
Through ijma, Muslims can reduce the risk of error in ijtihad, unify opinions, and ensure more accurate interpretations of the Qur’an and Hadith.
4. Qiyas
Qiyas means “analogy.” In Islamic legal terms, it refers to analogical reasoning, applying a ruling from a past issue to a new one due to a shared legal cause (‘illat).
The four essential elements of qiyas are:
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Ashl: The original case that already has a legal ruling in the Qur’an, Hadith, or ijma.
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Fur’u: The new case being examined.
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Hukm Ashl: The ruling already established for the original case.
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‘Illat: The underlying reason that is concrete, observable, consistent, and aligned with Islamic objectives.
Implementation of Islamic Law Sources
Islamic law is categorized into five rulings: obligatory (wajib), recommended (sunnah), prohibited (haram), disliked (makruh), and permissible (mubah). These categories are derived from the sources of Islamic law.
Based on the Prophet Muhammad’s instruction to Muadz ibn Jabal, the Qur’an is the first reference in Islamic law, followed by the Hadith.
The number of verses related to a subject in the Qur’an reflects its importance. However, verses related to legal matters make up only 5.8% of the Qur’an’s 6,360 verses, with around 70 dealing with economic issues.
Hadith then explains the Qur’an through the Prophet’s actions and words as the messenger of Allah. Together, the Qur’an and Hadith serve as a unified guide to prevent Muslims from losing direction in life.
When explicit guidance is not found in these two sources, ijtihad may be applied, leading to ijma or qiyas. Thus, the Qur’an remains the primary source, followed by Hadith, with ijma and qiyas used for rulings not directly covered.
Understanding the implementation of these sources helps Muslims follow Islamic teachings properly in daily life, including economic matters.
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