The sources of Islamic law are used by Islamic Scholars to explain and clarify the Shari'ah. There are four Islamic sources of law that are accepted universally by all Muslims, which include Qur'an, Sunnah, Ijma' (Consensus) and Qiyas (analogy).
In any particular circumstance when something requires a legal ruling, but that has not been clearly dealt with in Qur'an and Sunnah, then Muslim scholars might use Ijma' (consensus) to decide new case rules.
The get spread around of Islam outside Arabia complicated the resources as the resources available out of Madina weren't as reliable as in Madina, for this reason the jurists experienced to turn to Qiyas (analogy) as the fourth source of islamic law. 1
Say, obey Allah and the Messenger; and, if you turn away, Allah will not like those who reject. (Q. 3:32. )
About the holy Qur'an ALLAH swears in the Qur'an that
"It is a surprising rvelation from god, the father of the worlds". (56:80)
The Qur'an is the first & most important way to obtain Islamic legislations. Muslims believe that the Qur'an to be the immediate words of Allah (SWT), as exposed to Muhammad (Found). All resources of Islamic laws must be in essential contract with the Qur'an. The Qur'an was written and maintained through the life of Muhammad (SAW), and compiled soon after the fatality of Muhammad (SAW).
The idea of the holy Qur'an may well not be completely understood and the ambiguity may continue to be, As the Qur'an was disclosed over a period of 12 years with regards to particular events which is described in the holy Qur'an as follows:
And those who disbelieve say: "How come not the Qur'an unveiled to him all at one time?" Thus (it is dispatched down in parts), that we may fortify your heart therefore. And we have revealed it for you gradually, in levels. (25:32)2
It may be recognized as to give the believers an chance to mirror and memorize, to provide the believers plenty of time to spread the words and follow the injunctions, to allow for a progression in legislation until it reached perfection. 2
Secondaly as you have the nass of the Qur'an, indicating, in this situation, an unambiguous words or wisdom, then you have the overt or basic interpretation of the Qur'an, then there is the dalil of the Qur'an where is meant a particular type of implication, there is the mafhum of the Qur'an and there is the shabah or likeness of the Qur'an, which refers to when the explanation for a particular wisdom is indicated. 3
When the Qur'an itself will not speak immediately or at length about a certain subject, Muslims only then decide on alternative resources of Islamic laws.
Obey Allah and the Messenger that preferably you will acquire mercy. (Q. 3:132. )
"I left two things among you. You shall not go astray if you hold
on to them: the E book of Allah & my Sunnah. "
"Indeed I was presented with this Qur'an then one much like it (Sunnah). "2
The Sunnah is the next important source, and it is the customs or known procedures of the Prophet Muhammad, the words, actions, silent assertions of him and acknowledgments of statements and activities a lot of which have been saved in the amounts of Hadith books.
"You might have indeed in the Apostle of God a lovely pattern of carry out for anybody whose hope is at God and the Final Day" (33:21).
A famous hadith of 'A'isha where she explains the Prophet by saying, "His behaviour was the Qur'an"; or, as it has additionally been translated, "He was the Qur'an walking". 3
During his lifetime, Muhammad (SAW) made it clear that his traditions along with the Qur'an should be implemented after his death. Muslims consider the Sunnah to be essential supplements to and clarifications of the Qur'an. Muslims believe they can go through the life-style, or Sunnah, of Muhammad (SAW) and his companions to find what to imitate and what things to avoid as there are no specific Qur'anic rules on many religious and practical issues.
Much of the Sunnah is registered in the Hadith. Originally, Muhammad (SAW) had instructed his enthusiasts to send out his sayings orally and not to write his functions, so they might not confuse it with the Qur'an. So long as he was alive, any doubtful record could be proved as true or incorrect by requesting him. His loss of life, however, gave surge to dilemma over Muhammad's (Found) conduct. For this purpose Hadith were founded and then for authenticity, the technology of hadith is made.
It is reported that the first Muslim Caliphs have given instructions to their deputies and judges around the state in which they asked them to follow the Sunnah of the Prophet every time they cannot find the response in the Qur'an. Those that follow the Qur'an but reject the Sunnah aren't actually following a Qur'an to begin with. 2
As hardly any details receive in the Qur'an about how to do the prayer or pay zakat but still, plentiful details are given in Sunnah of how the Prophet completed these obligations. The Sunnah can thus clarify information on what is explained generally in the Qur'an.
In situations when Muslims have never been able to discover a specific legal ruling in the Qur'an or Sunnah, the consensus of the community is sought or at least the consensus of the legal scholars within the community. Ijma' symbolizes the unanimous agreement of Muslims on the regulation or legislations at any given time.
Al-Shafi'i third source, after Qur'an and Sunnah, was Ijma'. Al-Shafai, s Ijma' was to be an Ijma' of all Muslims or, at least, all the discovered ones amongst them. 3
It was never used within the Prophet's time because there is no need. Majority of Muslim jurists allow the Ijma' as a universal consensus, while other jurists allow it as a valid principle in a relative sense, much less factual evidence. This is because we cannot make sure that any Ijma' after the sahaba, s time included all the Ulama or not. Really the only Ijma'a which they admit as a factual proof is the Ijma' of the Sahaba before these were dispersed.
Ijma' ensures the right interpretation of the Qur'an and Sunnah, boosts the power of guidelines that are of speculative source and represents an expert of its right once it is established. 2
The doctrine of the Hanbali school is the fact that Ijma' is binding only when this can be a consensus of the complete Muslim community. Within the Hanbali view really the only Ijma' which occurred other than agreement on religious notion was when the infant Muslim community elected Abu Bakr as the first Caliph following loss of life of the Holy Prophet. The view of the other three institutions of Sunni Islam is not restricted. As Ijma' symbolizes the truth, since God wouldn't normally allow His fans to err collectively, so once a certain legal concept and interpretation has been founded by the consensus of the jurists it can't be repealed or deviated from. 4
The fourth universally accepted way to obtain Islamic legislations is qiyas (analogy). This is often the case when a general rule can be employed to new situations. Unlike the other three options, which are based pretty much directly on the divine commandments, qiyas will depend on the view of man. Qiyas symbolizes the try to deduce, from early on decisions, a rule that may be applied to an instance not directly included in either the Qur'an or the Sunnah. 4
The general process behind the procedure of qiyas is based on the understanding that every legal injunction promises a beneficial and welfare gratifying purpose. Thus, if the reason for an injunction can be deduced from the principal options, then analogical deduction can be employed to situations with similar triggers.
Qiyas is the most energetic part of Usool Al-Fiqh which makes the Shari'ah so alive and modern. 2
Qiyas is applied in situations such as in case there is alcohol, because the Qur'an clearly explains the reason that intake of alcohol is prohibited (since it makes the user lose control of his activities), an analogy can be attracted to drugs which induce the same have an impact on. But because the Qur'an does not specifically state the key reason why pork is prohibited, Muslims cannot justify banning another meats product with a similar cholesterol rate, etc. 1
Qiyas constitutes firstly of Asl. The initial case on which a ruling is given, Secondly Very good the new case on which a ruling is necessary, finally Illah the effective cause which is an feature of the Asl and is available to be common to the original and the new case, Fourthly Hukm. The rule governing the original case which is to be long to the new case. i. e. in the case of wines and narcotic drugs asl is consuming wine, way is taking narcotic drugs, illah is intoxicating effect and hukm because of this is the prohibition2
It should be considered that asl must be constituted in the Qur'an and the Sunnah and asl might not exactly be constituted with a former Qiyas. 2
Diversity of opinion exists and been around since the start of Islamic Era. The debate continues on the resources of Islamic law, and there is no unanimous contract on these resources. Even Prophet Muhammad was thought to have said "difference of judgment among my community is an indicator of the bounty of God. " 1
We should pray Allah (SWT) guide us to the right course and keep linked compared to that right path the road of these whom ALLAH (SWT) has favored, with assistance. Aameen