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Sources of Islam Law

Islam is a perfect code of life and the laws proposed by Islam deal with each and every portion of the human life. All Muslims agree on the fact that Islamic laws have to be derived from the Holy Quran but there is a difference in opinion about which source to follow if there is an issue which is not clearly explained in the Holy Quran. In the eight century, arose a difference of legal approach amongst Ulemas of two different schools of thought about the derivation of Islamic laws.
The traditionalists relied on Quran and Hadith only whereas non-traditionalists argued for an approach in which reasoning had a major impact. In the present world, there are two major schools of thought in the Muslim World. The first one is the Sunni school of thought which depends on the Quran, Hadith, Ijma, and Qiyas for the derivation of Islamic laws. The second one is the Shia school of thought which relies on the Quran and the traditions of the Prophet (s.a.w) as well as of pious Imams.





The major sources of Islam will be discussed one by one here.

The Holy Quran


The Holy Quran is the last book of God which was revealed on Prophet Muhammad (s.a.w) in 23 years. The Holy Quran deals with every aspect of life and is thus a perfect law-bearing book of Allah Almighty. Not only Sunnis and Shias agree that Quran is the basic component of Islamic law but also those who reject traditions that are attributed to the Holy Prophet Muhammad (s.a.w). The traditionalists further argue that there are many instructions which have not been explained properly and need the support of Hadith of the Prophet Muhammad (s.a.w) (and also the sayings of Pious Imams in case of Shias). An example is Salah (Namaz). The Almighty Allah has instructed Muslims many times in Quran to pray but there is no detail of how to do ablution or how to pray. The traditionalists use the traditions of Prophet Muhammad (s.a.w) to explain each and every step followed as a part of prayer. On the other hand, non-traditionalists (those who reject hadith attributed to Prophet Muhammad (s.a.w) ) reject the above-mentioned notion and say that Quran doesn't need any support and that the Salah had been offered like this for thousands of years and is a Sunnat-e-Mutawatira.

Hadith


The book of Hadith contains the Sunnah of Holy Prophet Muhammad (S.a.w). The majority of scholars define Sunnah as something which has been done by the Holy Prophet Muhammad (s.a.w), something which he ordered about or any action which was done by any person in his presence and the Holy Prophet (s.a.w) didn't object to it. Many books contain the traditions of Holy Prophet Muhammad (S.a.w) but in the case of the Sunni school of thought, there are the following six principal books: Sahih Bukhari, Sahih Muslim, Sunan Ibne Maja, Sunan Nisai, Sunan Abi Dawood and Jami Al-tirmizi. The Shias consider the following four books at their primary sources of the collection of traditions of Prophet Muhammad (s.a.w): Usool Al-Kafi, Al-Istibsar, Tahdib Ul Ahkam, and Man La Yahduruhu al-Faqih.

Ijma (Consensus)


Ijma is the third important source of Islamic law. Ijma is the name of the agreement of the Muslim community as a whole on a certain aspect of religion. For example, Muslims turn the faces of dead bodies towards Qibla when they bury them. This is not mentioned in Quran and Hadith but almost all the Muslims follow this tradition as verified by Ijma. Another example is the recitation of Azan in the ears of a new-born baby in a Muslim Family. Ijma is based on a tradition of the Prophet Muhammad (s.a.w) in which he says " Muslims will never agree in an error".

Qiyas and Ijtihad


Qiyas or Ijtihad is the fourth important pillar of the derivation of Islamic laws but is highly important in the modern world. The reason for the importance of Qiyas is that many inventions have come to the fore in the present world and these inventions had no presence during the times of the Prophet Muhammad (s.a.w) or his righteous Sahaba. The learned scholars of the Islamic world make their opinion about new problems faced by the Muslim community in view of the Quran and the traditions of the Prophet Muhammad (s.a.w) and put forward their solutions to those problems. An example of such a modern invention is the proliferation of media across the globe. Most of the scholars are using media even though there was nothing as such during the times of the Prophet (s.a.w).

Traditions of Imams


According to the Shia branch of Islam, Imams are Masoomeen (sinless) and thus their traditions are binding upon the Muslim community to follow. This source has high importance in Shias theology but no such thing exists in the Sunni Community.

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