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What Are the Sources of Islamic Law?

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  • What Are the Sources of Islamic Law?

    Islamic law is supposed to be the composed prescriptions dictated by Allah SWT for the running of the world. The Quran delivers very clear rules on subjects as varied as how to do acts of worship, what not to eat, and how to allocate legacy property. However, it does not deliver clear rules for all the countless situations encountered in the sequence of human life.

    The Islamic public did not see this as a hard when they had the living occurrence of the prophet to follow. Nor did the generations right after the death of Muhammad (peace be upon him), because his memory was very much alive the public: People felt they had a good knowledge of what Muhammad (peace be upon him) would have done in any given condition. However, as generations passed and the Islamic public spread to new philosophies and was faced with new circumstances, it was more and hard to use the practices of Muhammad to lead all aspects of life.

    It, therefore, became essential to growing a system of law that provided a technique by which rules could be developed to contract with new situations. This system is called Fiqh and is measured to have four values called Usul al-fiqh (Principles of Jurisprudence):

    The Quran
    Reasoning by analogy (qiyas)
    Consensus of the community (ijma)
    Principles of Jurisprudence

    The primary basis of the Islamic law is the Holy Quran. Rules and principles that are clearly specified in the Quran are not open to discussion and must be acknowledged at face value. Thus, for example, since the Quran openly forbids the eating of pork, Sharia observing Muslims understand no need to access other authorities.

    If the Quran does not deliver clear rules on a question of law, then you appear to the examples of the prophet or his Sunna (the way Muhammad lived his life).
    The concept of Sunna is open to understanding since the vast number of separate hadiths sometimes reverse one another; furthermore, the idea of "living tradition" can cause battle because not everyone decides on which traditions of a culture are in keeping with what Muhammad would have done and which are novelties.

    From the ninth period forward, Muslim jurists have wriggled to equilibrium the Quran and Sunna, and to originate laws from these foundations that can then be functional to new situations. This generally involves reasoning by analogy (the third principle of jurisprudence) and agreement of the public (the fourth). This system of self-governing legal reasoning to come up with new laws is called ijtihad, and someone who is capable to absorb in it is called a mujtahid.
    Last edited by Abu 'Abdullaah; 26-03-18, 08:09 AM.