Four Major Sources of Fiqh/Law

[xaara~hussain]

Hi guys,

what are four major sources of Islamic Law/Fiqh/jurisprudence?

QURAN and Sunnah, and Ijma are undoubtedly accepted but the fourth one is confused, is it QIYAS or IJTIHAD?

Please, if someone can verify it with some reference, as it was a question in 2004 paper. according to this question, it seems ijtihad is fourth one but wikipedia USUL-AL-FIQH show QIyAS is foruth one!

2004 – Describe in detail the four basic sources of Islamic law. Explain ‘Ijma’ and ‘Ijtihad’ specifically.

[Gulrukh]

Originally Posted by xaara~hussain

Hi guys,

what are four major sources of Islamic Law/Fiqh/jurisprudence?

QURAN and Sunnah, and Ijma are undoubtedly accepted but the fourth one is confused, is it QIYAS or IJTIHAD?

Please, if someone can verify it with some reference, as it was a question in 2004 paper. according to this question, it seems ijtihad is fourth one but wikipedia USUL-AL-FIQH show QIyAS is foruth one!

2004 – Describe in detail the four basic sources of Islamic law. Explain ‘Ijma’ and ‘Ijtihad’ specifically.

Basically there are four sources of Sharia law xaara.
Quran
Hadith
Ijma (Consensus)
Qiyas (Analogy)

Now there is some difference regarding Qiyas and Ijtihad.The main problem lies in the differences of Sunni and Shia sects.
Sunni sect puts more emphasize on Qiyas and considers it as fourth source of Fiqh.and Shia sect gives more emphasize to Ijtihad.

Ijtihad describes the process of making a legal decision by independent interpretation of the legal source,the Quran and the Sunnah.
The emphasize is on reason/aqal is much.

Ijma is basically consensus of Muslim scholars on certain point.As it is in Hadith that,

'' my community will never agree upon an error.''

Sunni Muslims consider Ijma as a third fundamental source of sharia law with Qiyas on fourth.

Qiyas is a process of deductive analogy in which the teachings of the Hadith are compared and contrasted with the Quran.This is often the case when a general principle can be applied to new situations.

So there are four basic sources..Quran..Hadith..Ijma...Qiyas...leave Ijtihad.

[sarang ali shaikh]

i read somewhere that qiyas , ijma or perhaps ihtisan are types of ijtihad or they are included in ijtihad. is it right?

[Lodhi Bhai]

All praise be to Allah, the Lord of the Worlds. May the good end be for the pious. May Allah's peace and blessings be upon His Slave and Messenger, our Prophet Muhammad (peace be upon him), who was sent as a mercy to the worlds and evidence that leaves no room for disbelief. May Allah's peace and blessings be upon his family and Companions who conveyed Allah's Book and the Messenger's Sunnah (whatever is reported from the Prophet) to those who came after them very honestly and thoroughly, while preserving the meanings and the words. May Allah be pleased with them, please them, and make us among their followers in righteousness.

Scholars in the past and present have unanimously agreed on the fundamentals on which rulings are based and by which that which is Halal (lawful) and that which is Haram (prohibited) is known. These sources are: (1) Allah's Book, which falsehood cannot approach it; (2) the Sunnah of the Messenger of Allah (peace be upon him) who never spoke of his own desire but only according to Wahy (Revelation); (3) and then Ijma` (consensus of scholars). Scholars disagreed over other sources, especially Qiyas (analogy). However, the Jumhur (dominant majority of scholars) consider it supporting evidence if all its conditions are met. The evidence of these sources are many.

The first source is Allah's Book. In many Ayahs (Qur'anic verses), Allah (Glorified and Exalted be He) indicates the obligation of following this Book (the Noble Qur'an), adhering to it, and not going beyond its limits. Allah (Exalted be He) says: [Say (O Muhammad صلى الله عليه وسلم) to these idolaters (pagan Arabs) of your folk:] Follow what has been sent down unto you from your Lord (the Qur’ân and Prophet Muhammad’s Sunnah), and follow not any Auliyâ’ (protectors and helpers who order you to associate partners in worship with Allâh), besides Him (Allâh). Little do you remember! Allah (Exalted be He) also says: And this is a blessed Book (the Qur’ân) which We have sent down, so follow it and fear Allâh (i.e. do not disobey His Orders), that you may receive mercy (i.e. be saved from the torment of Hell). And: Indeed, there has come to you from Allâh a light (Prophet Muhammad صلى الله عليه وسلم) and a plain Book (this Qur’ân). Wherewith Allâh guides all those who seek His Good Pleasure to ways of peace, and He brings them out of darkness by His Will unto light and guides them to the Straight Way (Islâmic Monotheism).

And: Verily, those who disbelieved in the Reminder (i.e. the Qur’ân) when it came to them (shall receive the punishment). And verily, it is an honourable well-fortified respected Book (because it is Allâh’s Speech, and He has protected it from corruption. (See V.15:9) Falsehood cannot come to it from before it or behind it: (it is) sent down by the All-Wise, Worthy of all praise (Allâh عز وجل). And: ...this Qur’ân has been revealed to me that I may therewith warn you and whomsoever it may reach. And: This (Qur’an) is a Message for mankind (and a clear proof against them), in order that they may be warned thereby There are many Ayahs that stress this meaning. Sahih (authentic) Hadiths were reported from the Messenger of Allah (peace be upon him) ordering us to adhere to the Qur'an, indicating that adherence to it leads to guidance and negligence of it leads to misguidance. It was authentically reported that the Messenger of Allah (peace be upon him) said in his Khutbah (sermon) in the Farewell Hajj: I am leaving you that which if you adhere to you will not go astray: the Book of Allah. (Related by Muslim in his Sahih) It was also related in Sahih Muslim on the authority of Zayd ibn Arqam (may Allah be pleased with him) that the Prophet (peace be upon him) said: I am leaving among you two weighty things, the first of which is the Book of Allah in which there is guidance and light, so hold fast to the Book of Allah and adhere to it. Thus, the Prophet (peace be upon him) urged us to adhere to the Book of Allah. Then, he said: ...and the members of my family; I remind you (of your duties) toward the members of my family. In another narration: He (peace be upon him) said about the Qur'an, 'It is the Rope of Allah. Whoever holds on to it will be on the right path; and whoever abandons it will go astray.'

There are many Hadiths that stress this meaning. People of knowledge and Iman (faith) among the Sahabah (Companions of the Prophet) and those who came after them unanimously agreed on the obligation of adhering to Allah's Book as well as referring to it and to the Sunnah of the Messenger of Allah (peace be upon him). This is enough, and we need no further evidence in this regard.

The second source is the authentic Sunnah of the Messenger of Allah (peace be upon him). The Sahabah and people of knowledge and Iman who came after them all believed in this principal source, used it as evidence, and taught it to the Ummah (nation). They wrote many books about this and clarified it in the books of Usul-ul-Fiqh (principles of Islamic jurisprudence) and Mustalah Al-Hadith (Hadith terminology). There are many pieces of evidence for this, including the order in Allah's Book to follow and obey the Prophet (peace be upon him). The people who lived during the Prophet's era as well as the following generations are meant by this order, because he was the Messenger of Allah to mankind. People are ordered to follow him until the Day of Judgment. He (peace be upon him) was the one who interpreted Allah's Book and clarified it with his words, actions and approvals. Without Sunnah, Muslims would not have known the number of Rak`ahs (units of Prayer) of each Salah (Prayer), the way to perform it and its obligations. They would not have known the details of the rulings on Sawm (Fast), Zakah (obligatory charity), Hajj, Jihad (fighting in the Cause of Allah), propagation of virtue and prevention of vice, or the details of rulings on transactions, prohibitions, Hudud (ordained punishments for violating Allah’s Law), and so on.

Allah (Exalted be He) says inSurah Al-`Imran: And obey Allâh and the Messenger (Muhammad صلى الله عليه وسلم) that you may obtain mercy. He (Exalted be He) says inSurah Al-Nisa': O you who believe! Obey Allâh and obey the Messenger (Muhammad صلى الله عليه وسلم), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allâh and His Messenger (صلى الله عليه وسلم), if you believe in Allâh and in the Last Day. That is better and more suitable for final determination.

He (Exalted be He) also says inSurah Al-Nisa': He who obeys the Messenger (Muhammad صلى الله عليه وسلم), has indeed obeyed Allâh, but he who turns away, then we have not sent you (O Muhammad صلى الله عليه وسلم) as a watcher over them. How could we obey the Prophet (peace be upon him) and refer to his Sunnah in disputable matters if his Sunnah did not provide evidence or was not recorded? If we suppose so, Allah has thus referred His slaves to something that does not exist, which is the most misleading falsehood and the gravest form of Kufr (disbelief) and mistrust in Allah. Allah (Glorified and Exalted be He) says inSurah Al-Nahl: And We have also sent down unto you (O Muhammad صلى الله عليه و سلم) the Dhikr [reminder and the advice (i.e. the Qur’ân)], that you may explain clearly to men what is sent down to them, and that they may give thought.

In another Ayah, Allah (Exalted be He) says: And We have not sent down the Book (the Qur’an) to you (O Muhammad صلى الله عليه و سلم), except that you may explain clearly unto them those things in which they differ, and (as) a guidance and a mercy for a folk who believe. How would Allah (Glorified be He) entrust His Messenger (peace be upon him) with clarifying what was revealed to him if his Sunnah did not exist or was not considered to be supporting evidence? Allah (Exalted be He) says inSurah Al-Nur: Say: "Obey Allâh and obey the Messenger, but if you turn away, he (Messenger Muhammad صلى الله عليه وسلم) is only responsible for the duty placed on him (i.e. to convey Allâh’s Message) and you for that placed on you. If you obey him, you shall be on the right guidance. The Messenger’s duty is only to convey (the message) in a clear way (i.e. to preach in a plain way)." In the same Surah, Allah (Exalted be He) says: And perform As-Salât (Iqâmat-as-Salât), and give Zakât and obey the Messenger (Muhammad صلى الله عليه وسلم) that you may receive mercy (from Allâh).

He (Exalted be He) says inSurah Al-A`raf: Say (O Muhammad صلى الله عليه وسلم): "O mankind! Verily, I am sent to you all as the Messenger of Allâh - to Whom belongs the dominion of the heavens and the earth. Lâ ilâha illa Huwa (none has the right to be worshipped but He). It is He Who gives life and causes death. So believe in Allâh and His Messenger (Muhammad صلى الله عليه وسلم), the Prophet who can neither read nor write (i.e. Muhammad صلى الله عليه وسلم), who believes in Allâh and His Words [(this Qur’ân), the Taurât (Torah) and the Injeel (Gospel) and also Allâh’s Word: "Be!" - and he was, i.e. ‘Isâ (Jesus) son of Maryam (Mary), عليهما السلام], and follow him so that you may be guided."

These Ayahs clearly indicate that following the Messenger of Allah (peace be upon him) leads to guidance and mercy. How could this be attained if his Sunnah is not applied or said to be unreliable? Allah (Glorified and Exalted be He) says inSurah Al-Nur: And let those who oppose the Messenger’s (Muhammad صلى الله عليه وسلم) commandment (i.e. his Sunnah - legal ways, orders, acts of worship, statements) (among the sects) beware, lest some Fitnah (disbelief, trials, afflictions, earthquakes, killing, overpowered by a tyrant) should befall them or a painful torment be inflicted on them. He (Exalted be He) also says inSurah Al-Hashr: And whatsoever the Messenger (Muhammad صلى الله عليه وسلم) gives you, take it; and whatsoever he forbids you, abstain (from it).

There are many Ayahs to this effect, indicating the obligation of obeying the Messenger (peace be upon him) and following what he was sent with, typically as the previous evidence indicated the obligation of following Allah's Book and adhering to its commands and prohibitions. They are two inseparable sources; whoever denies one of them has denied the other, and this is Kufr, deviation, and departure from

Islam according to Ijma`. Many Hadiths ranked as Mutawatir (a Hadith reported by a significant number of narrators throughout the chain of narration, whose agreement upon a lie is impossible) were reported from the Messenger of Allah (peace be upon him) indicating the obligation of obeying him and following what he was sent with, and the prohibition of disobeying him. This entails both his contemporaries and the following generations until the Day of Resurrection. This includes the Hadiths authentically reported from him in the Two Sahih (authentic) Books of Hadith (i.e. Al-Bukhari and Muslim) on the authority of Abu Hurayrah (may Allah be pleased with him) that the Prophet (peace be upon him) said: Whoever obeys me has obeyed Allah; and whoever disobeys me has disobeyed Allah. It was also mentioned in Sahih Al-Bukhari (may Allah be pleased with him) that the Prophet (peace be upon him) said: 'My entire Ummah will enter Jannah (Paradise) except those who refuse.' It was asked, 'O Messenger of Allah, who will refuse?' He (peace be upon him) said, 'Whoever obeys me will enter Jannah; and whoever disobeys me is the one who refuses.' It was related by Ahmad, Abu Dawud and Al-Hakim through an authentic Isnad (chain of narration) on the authority of Al-Miqdam ibn Ma`dy Karib that the Messenger of Allah (peace be upon him) said: I have been given the Qur'an and the like of it with it (i.e. the Sunnah); yet the time will come when a satiated man leaning on his couch will hear some of my Hadiths and will say, 'The judge between you and us is the Book of Allah; what we find in it to be Halal, we will declare as Halal; and what we find in it to be Haram, we will declare as Haram.'

It was also related by Abu Dawud and Ibn Majah with a Sahih Sanad (chain of narrators) on the authority of Ibn Abu Rafi` on the authority of his father that the Prophet (peace be upon him) said: Let me not find one of you, reclining on his couch, when hearing something that I have commanded or forbidden, says, 'I do not know this. What we find in Allah's Book we will follow.' It was also reported on the authority of Al-Hasan ibn Jabir that he heard Al-Miqdam ibn Ma`dy Karib (may Allah be pleased with him) saying: The Messenger of Allah (peace be upon him) prohibited some matters on the Day of Khaybar, and then he said, 'Some of you will belie me (i.e. my Hadiths) while reclining on comfortable cushions. They will be told of my Hadiths and they will say, 'The Book of Allah is a judge between you and us. What we find in it to be Halal, we will declare as Halal; and what we find in it to be Haram, we will declare as Haram.' Indeed, that which the Messenger of Allah declares to be Haram is as forbidden as that which Allah has declared to be Haram.' (Related by Al-Hakim, Al-Tirmidhy and Ibn Majah through an authentic Isnad) Mutawatir Hadiths were reported from the Messenger of Allah (peace be upon him) in which he (peace be upon him) asked the attendants of his Khutbahs (sermons) to notify those who were absent, saying to them: The informed one might comprehend it (what I have said) better than the present audience. This also includes the Hadith recorded in the Two Sahih Books of Hadith that when the Prophet (peace be upon him) delivered a Khutbah to the people in the Farewell Hajj, on the Day of `Arafah (9th of Dhul-Hijjah) and on the Day of Sacrifice (10th of Dhul-Hijjah), he said to them: Lest those who are present convey it (this information) to those who are absent. The informed one might comprehend it (what I have said) better than the present audience (who will convey it to them). Had his Sunnah not been supporting evidence for those who heard it and were informed of it, and had it not been destined to continue until the Day of Resurrection, he would not have asked them to convey it. Thus, by hearing the Hadiths directly from the Prophet (peace be upon him) or by having them reported through authentic Isnad the evidence is established and there can be no excuse.

The Sahabah preserved the Sunnah of the Messenger of Allah (peace be upon him), whether his verbal or practical teachings. They conveyed it to the Tabi`un (Followers, the generation after the Companions of the Prophet), who in turn conveyed it to the following generations. Thus, trustworthy scholars conveyed it from generation to another and from a century to another. They also compiled it in books, classified it into Sahih (authentic) and Da`if (weak) categories of Hadith, and developed rules for the Sahih and Da`if Hadiths. Scholars have preserved the books of the Sunnah, such as the Two Sahih Books of Hadith just like Allah (Exalted be He) has preserved His Book from distortions and atheism in fulfillment of His Words: Verily, We, it is We Who have sent down the Dhikr (i.e. the Qur’ân) and surely, We will guard it (from corruption).

There is no doubt that the Sunnah of the Messenger of Allah (peace be upon him) was divine revelation. Allah preserved it just the same as He preserved His Book. He appointed for it great scholars to protect it from distortions of the liars and interpretations of the ignorant, and to defend it against all that was falsely ascribed to it by ignorant people, liars and atheists. Allah (Glorified be He) made the Sunnah an interpretation of the meanings of the Qur'an in which the rulings of the Qur'an are clarified in detail. It aslo includes other rulings that are not stated in the Qur'an, such as the rulings on breastfeeding, inheritance, prohibition of marrying a woman and her paternal or maternal aunt, and such other rulings mentioned in the Sahih Sunnah but not mentioned in the Qur'an.

[Silent.Volcano]

@ Lodhi

Would you like to mention the source of information? Always write the source of information when you copy and paste the stuff from internet (though it is discouraged to copy and paste.)

[Lodhi Bhai]

Originally Posted by Silent.Volcano

@ Lodhi

Would you like to mention the source of information? Always write the source of information when you copy and paste the stuff from internet (though it is discouraged to copy and paste.)

This contains Quranic Verses and hadith, so I have only the option of Copy & paste. Any how, regarding other stuff, the source is

Chairman
Permanent committee for scholary reseach and Ifta, Saudi Arabia

[sana chudhary]

@sarang

the people who add qiyas and ijmah in the the head of ijthead they are also right as the meaning of ijtehad is to effort .the word of ijtehad is drived from "juhd" that meaning "to effort" (koshish). and ijmah ' qiyas are the efforts of schoolars to find out the solution of any problem.

but if we classified and explained it more clearly then it is 1.ijmah 2.qiyas 3.ijtehad

because ijmah is the acceptence of the Sahabas(R.A) ' tabaeen ' tab-e-tabaeen and then the scholars of the modern era.

qiyas is the process adopted firstly by imams and then by schoolars according to their thoughts and taste.

but ijtehad is the efforts of modern scholars about any issue to sought out it according to their capabilities ' knowledge ' and skills.
as these modern ulmas are also well known and expert in their field but Sahabas(R.A) and four imams are the pillars of islamic fiqh and in their pressence they must have the priority .

thats why ijmah is the 3rd one and qiyas is the 4th one .

regards