Primary and Secondary Sources of Islamic Law

Introduction to Sources of Islamic Law

• Course Identification: Introduction to Syariah Law (PSL 0012).
• Academic Leads: Ms. Saidatul Nasuha Binti Jamaludin and Ms. Nur Shahira Binti Elyas.
• Scope of Topic: This section focuses on the Primary and Secondary sources of Shariah, specifically investigating the Al-Quran, As-Sunnah, Ijma’, and Al-Qiyas.

Al-Quran Al-Kareem: Definition and Introduction

• Etymology: The word "Quran" is derived from the Arabic term "qaraa," which literally translates to read, reading, or recitation.
• Technical Definition: The book containing the speech of Allah ($subhanahu\,wata’ala$) revealed to Prophet Muhammad ($s.a.w$) in Arabic and transmitted to humanity by continuous testimony or ‘tawatur’.
• Nature of Revelation: The Quran consists of words revealed directly by God through the Angel Gibraeel ($as$) in its precise meaning and precise wording.
• Status:
  • It serves as proof of the prophecy of Muhammad ($s.a.w$).
  • It is the most authoritative guide for Muslims.
  • It is the first and primary source of the Shari’ah.
• Consistency: All other sources of Islamic law must be in essential agreement with the Quran. Alternative sources are only consulted if the Quran does not speak directly on a specific subject.
• Structure and Division:
  • Start and End: Revelation began with Surah al-'Alaq ($96:1$) and ended with the ayah in Surah al-Ma’idah ($5:3$).
  • Juz: Consists of $30$ divisions.
  • Surah: Contains $114$ chapters.
  • Ayat: Contains $6236$ verses of unequal length.
  • Variations in Length: The shortest Surah has $3$ verses, and the longest (Al-Baqarah) has $286$ verses.
  • Ordering: The sequence of verses (ayah) within chapters and the sequence of Surahs were determined by Prophet Muhammad ($s.a.w$).
  • Opening and Closing: The Quran begins with Surah al-Fatihah and ends with Surah al-Nas.

General Content and Periods of Revelation

Makkan Period (Characteristics of Revelation)

• Tawheed: Focusing on the Unity of Allah ($s.w.t$) and His existence.
• The Afterlife: Descriptions of the next life.
• Historic Lessons: Stories of people of God like the people of 'Aad and Thamud.
• Religious Practice: Focus on Salaah (prayer) and Iman (belief).
• Structure: Characterized by short verses.
• Themes: The unseen world and challenges to pagan Makkans to imitate the Quranic eloquence.

Madeenan Period (Characteristics of Revelation)

• Legalism: Introduction of Laws and Jihad.
• Social Relations: Addressing the "People of the Book" (Jews and Christians) and the Munaafiqs (hypocrites).
• Structure: Characterized by long verses.

Quranic Fields of Study and Legal Content

• Ilm Al-Kalam (Al-’Aqeedah): Information related to belief in God, His angels, His Scriptures, His Prophets, and affairs of the next life.
• Ilm Al-Akhlaq: Information related to the deeds of the heart and soul; moral principles and rules of conduct for character development.
• Ilm Al-Fiqh: Information related to the deeds of the limbs, containing commandments, prohibitions, and choices.

Categories of Legal Rulings

• Dealings between Allah and Men: Religious rites (ibadat) which require correct intentions. These include:
  • Religious forms of worship.
  • Socio-economic forms of worship.
  • Socio-physical forms of worship.
• Dealings among Men: Laws for societal regulation, including:
  • Laws protecting the propagation of Islam.
  • Family laws.
  • Trade laws.
  • Criminal laws and specific punishments.

Basis of Legislation in the Quran

• Primary Objectives: To reform human conditions, confirm beneficial existing practices, and eliminate harmful ones.
• Four Basic Principles of Shariah:
  • The removal of difficulties ($Taysir$).
  • The reduction of religious obligations.
  • The realization of public welfare ($Maslahah$).
  • The realization of universal justice.

Evidences of Quranic Divinity (Pinnacle of Perfection)

1. Linguistic Perfection: It is the pinnacle of Arabic language (Surah al-Israa: $88$, Surah Hud: $13$).
2. Unique Structure: The beginning and termination of verses and the placement of pauses are unique.
3. Future Records: It contains records of things to come.
4. Historical Knowledge: It accounts for previous generations (Quraish history) despite the Prophet being illiterate ($ummi$).
5. Exposing Secrets: It revealed the secret plots of those who opposed the Prophet.
6. Comprehensive Knowledge: Includes knowledge from the smallest particles to cosmic facts and methods for deducing laws ($al-hujaj\,al-`aqliyyah$).
7. Harmoniousness: It remains free of contradiction despite its size and complexity.
8. Living Miracle: It is an eternal miracle ($mukjizat$) protected by God (Surah Al-Hijr: $9$).
9. Emotional Impact: Readers and listeners do not tire of it; instead, they develop an affinity for it.
10. Evidence Integrity: It serves as both proof and the thing proven.

Method of Tafseer (Exegesis)

1. Quran by Quran

• The Quran provides additional explanation for its own verses elsewhere.
• Example: Surah Al-Tariq ($86:1$) asks "what At-Tariq is?" and verse ($86:3$) answers "It is the piercing star."
• Example: Surah Al-Ma’idah ($5:1$) mentions livestock is lawful "except what is hereby announced," and verse ($5:3$) details the forbidden categories (carrion, blood, swine, etc.).

2. Quran by Sunnah

• The Prophet added clarification to Quranic verses.
• Example: The Quran orders prayer at specific times (Surah Al-Israa $17:78$), and the Hadith clarifies: "Perform prayer like you see me do the prayer."
• Example: Al-Kauthar ($108:1$) is clarified in Hadith as a river in Paradise.

3. Quran by Athaar

• Utilizing the sayings and reasoning of the Sahabah (Prophet’s companions) and the Taabioon.
• According to Ibn Katheer, the Sahabah know the Quran best due to their knowledge of revelation circumstances and their righteous deeds.
• Example: Ibn Abbas clarified that "adornments except what normally appears" (Surah An-Noor $24:31$) refers to the face and hands.

4. Quran by Language

• Applying literal and grammatical meanings of Arabic, necessitated as the language became diluted with foreign words over time.
• Example: The word "lamastum" in Surah An-Nisa ($4:43$) means "touch." Imam Shafie and Maliki interpret this as physical touch of the hand; Imam Hanifah interprets it as sexual intercourse.

Conditions for a Mufassir (Exegete)

• Correct Belief: Must possess a true belief in Islam as understood by the Prophet and his companions.
• Correct Methodology: Must follow the hierarchy of Tafseer (Quran to Sunnah to Sahabah/Tabioon to Language).
• Correct Knowledge: Must have deep knowledge of classical Arabic, grammar, and figures of speech. Ibn Abbas stated it is not allowed for anyone to explain Allah's book without being knowledgeable in Arabic.

Stages of Quranic Compilation

1. Prophet's Lifetime ($570-632$ CE): Written by scribes (Ali Ibn Abi Talib, Mu'awiyah Ibn Abi Sufyan, Ubey Ibn Ka'ab, Zayed Ibn Thabit) on leaves, wood, parchment, and bone. Memorized by hundreds of companions.
2. Caliphate of Abu Bakr ($632-634$ CE): Prompted by casualties in the Battle of Yamamah. Zayed Ibn Thabit collected verses into the first authenticated copy, kept by Hafsah.
3. Caliphate of Uthman ($644-656$ CE): Due to expansion and recitation differences, Uthman ordered Zayed and others to make perfect copies. Original was returned to Hafsah; copies were sent throughout the Muslim world.
4. Dotting and Diacritization:
   • Syntactical Dots: By Abu Al-Aswad Al Doaly during Mu'awiya's time ($661-680$ CE).
   • Letter Marking: By Nasr Ibn Asem and Hayy ibn Ya'amor during Abd Al-Malek Ibn Marawan's time ($685-705$ CE).
   • Final Diacritics: Complete system ($damma, fataha, kasra$) by Al Khaleel Ibn Ahmad Al Faraheedy (d. $786$ CE).

As-Sunnah: Definition and Categories

Disciplinary Definitions

• Linguistic: A path or a way.
• Ulema of Hadith: All narrated from the Prophet regarding acts, sayings, tacit approvals, physical traits, and character.
• Ulema of Fiqh: Refers to "Mandub" or "Nafilah" (extra/recommended acts like sunnah prayers).
• Ulema of Usul Al-Fiqh: A primary source of Shariah along with the Quran.

Four Aspects of Sunnah

1. Actions: Practical demonstrations (how the Prophet prayed).
2. Sayings/Commands: Verbal instructions (e.g., "Deeds are judged by intentions.")
3. Tacit Approvals: Silence indicating permission (e.g., allowing companions to eat dhab/desert lizard).
4. Omissions: Things he left undone given the need (e.g., omitting the Adhan for Eid prayer; it is Sunnah NOT to call Adhan for Eid).

Types of Sunnah

• Qawli (Verbal): Sayings (e.g., "He who cheats is not one of us").
• Taqriri (Approval/Consent): Remaining silent when a deed is done in his presence (e.g., women praying in the same room as men in the mosque).
• Fa'ili (Actions): Deeds and practices (e.g., Hajj procedure).

Classification of Prophet's Actions

• Actions as Part of Nature: Standing, sitting, eating. Mostly No legislative impact unless recommended (e.g., eating with the right hand turns it from Mubah to Mandub).
• Actions Specific to the Prophet: Rules exclusively for him. Others performing them are sinning. Examples:
  • Fard (obligatory) status for Tahajjud and Ishraq prayers for him.
  • Continuous fasting into the night.
  • Marriage without Mahr (dowry).
  • His wives could not remarry.
• Actions with Legislative Consequences:
  • Explaining the Text: If explaining a Fard rule, the explanation is Fard (Establishing Solat). If Mandub, the explanation is Mandub.
  • Mandub/Nafilah: Fasting $6$ days in Shawwal.
  • Mubah (Permissible): Situational tactics, such as the $10$-year duration of the Treaty of Hudaybiyah or digging the ditch in the Battle of the Ditch.

Importance and Application of Sunnah

• Revelation: The Prophet's sayings are based on divine revelation (Al Najm: $3-4$).
• Tafseer: Entrusted to explain the Quran (An Nahl: $44$). It specifies details like the $2.5\%$ Zakah rate.
• Laws: Primary duty to judge disputes (An Nisaa: $59$).
• Moral Ideal: His character was "The Quran" (Aisyah).
• Preservation of Islam: Hadith science ensures the message stays in its original purity.

Functions relative to the Quran

• Details the summarized: Clarifying how to "establish salah."
• Limits the absolute: Restricting punishments like hand-cutting for theft (property must equal a Nisah, e.g., $1/4$ of a Dinar in gold).
• Affirms the Quran.
• Adds rulings: Prohibiting marrying women who breastfed a man (Sunnah adds this to the Quranic list).

Components and Classification of Hadith

• Components:
  • Sanad/Isnad: The chain of reporters.
  • Matn: The actual text/speech.
  • Taraf: The start/level of the hadith.
• Grading by Reliability:
  • Sahih (Sound): Continuous isnaad, trustworthy narrators, free from irregularities/defects.
  • Hasan (Good): Continuous chain and fair narrative, but narrator accuracy might be inferior.
  • Da'if (Weak): Fails one or more conditions of Sahih.
  • Mawdoo' (Fabricated): Created by liars (reasons include political bias, philosophical movements, or personal motives).

Ijma' (Consensus of Opinions)

• Definition: Linguistic term "Ajmaa" means to determine or agree. Technically, it is the consensus of Muslim scholars (Mujtahideen) after the Prophet's death on a specific ruling.
• Authority: Based on Quran (An Nisa: $115$ - following the "believers' way") and Sunnah ("My community will never agree on error").
• Types of Ijma’:
  • Al-Ummah: Agreement of the whole community (limited legal value).
  • Al-Mujtahideen: Unanimous agreement of legal experts. Highly binding.
  • Ahlel Bayt: Consensus of the Prophet's household.
  • Ahlel Medinah: Consensus of the people of Medina.
  • As-Sahabah: Consensus of the Prophet's companions. A binding proof.
• Divisions:
  • Explicit (Qawli): Formal discussion reaching a common position.
  • Silent (Sakuti): Some express an opinion, others remain silent without objection.
  • Unknown Opposition: General view held without known disagreement.
  • Absolute (Qat’i): Established with continuity and no difference of opinion.

Al-Qiyas (Analogy)

• Definition: A juridical analogy to identify a legal ruling for a new case based on an existing one.
• Authority: Supported by Quran ($59:2$ - "take a lesson, O people of insight") and the instructions to Abu Musa Ashari to use personal opinion ($ijtihad$) if Quran and Sunnah are silent.

Four Pillars (Arkan) of Qiyas

1. Original Case (Asl): The old matter/subject mentioned in the text (e.g., Wine).
2. Parallel Case (Far’i): The new matter requiring a ruling (e.g., Narcotics).
3. Effective Cause (Illah): The reason for the ruling (e.g., Intoxication).
4. Legal Injunction (Hukum): The rule established (e.g., Prohibition).

Conditions (Shuruut) for Qiyas

• For Al-Asl: Must be a source (Quran/Sunnah) or the subject matter.
• For Al-Far’: Must not be covered by existing text or Ijma. The Illah must apply identically to the original case.
• For ‘Illah: Must be the cause of the rule (not just a sabab/introducer), must be evident/stable ($Zaahir$ and $mundabit$), and extendible ($muta’addiyah$) to new cases.
• For Al-Hukm: Must be a practical Shar’i ruling, must be operative (not abrogated), and must be rational (capable of being understood by human intellect).