The Two Primary Sources

The Two Secondary Sources

How are the Four Sources of Sharia used together?

• The Qur’an is an authority in Islamic law; it is the word of God, revealed to the Prophet Muhammad. It is not questioned or contradicted by the other sources.

  • It contains the main teachings and principles of Islam by which Muslims should live.
  • It is the basis of legal rulings in Islamic Law.

• The Sunna is the Prophet’s way of life and is recorded in the Hadith.

  • The Hadith is what was transmitted on the authority of the Prophet, his deeds, sayings, tacit approval, or physical appearance.

  • The Qur’an gives permission to follow the Prophet (pbuh).

    ‘So take what the messenger gives you, and refrain from what he prohibits you’ (Al Hashr, 59:7).

    ‘Obey Allah and obey the Messenger’ [64:12];

  • The Hadith are used when the Qur’an is silent on a matter. (stands on its own and forms the basis of legislation.)

    • e.g. Method of salat and amount needed to pay zakat.

  • The Hadith also explains, qualifies and provides exceptions to the absolute injunctions of Quran. (secondary to the Qur’an as it is based on the Qur’an itself)

    ‘We have merely revealed this book to you so that you may explain to them where they are differing over (and so it stands out) as a guidance and mercy for a people who believe.’ (Al-Qur’an, 16:64)

    • Explanation of technical issues like those concerning fasting in the month of Ramadan, for which the Qur’an says:

      ‘And eat and drink until the white thread becomes distinct to you from the black thread of dawn. (Surah al-Baqarah, 2:187)’

      • The Prophet (pbuh) interpreted the verse by saying that the white thread refers to day and the black thread refers to the night.

    • Laws of Inheritence:

      • 1/6 of inheritance given to grandmother is not specifically mentioned in the Qur’an, but is explained by Hadith;
      • ‘A Muslim may not inherit from a non-Muslim and a non-Muslim may not inherit from a Muslim’.

  • The Hadith are important because the Prophet (pbuh) was the final and perfect messenger to follow.

    • the Hadith of Mu’adh ibn Jabal reflects this.

• When neither of the primary sources offer answers, then ijma’ and qiyas can be used. These are used mainly for issues that did not arise at the time of the Prophet (pbuh).

  • The secondary sources do not contradict the primary sources but rather use the primary sources as a basis for their answers.

• Ijma’ is the consensus of opinion of scholars.

  • It has its basis in the Qur'an:

    ⭐ O believers! Obey Allah and obey the Messenger and those in authority among you. Should you disagree on anything, then refer it to Allah and His Messenger, if you ˹truly˺ believe in Allah and the Last Day. This is the best and fairest resolution. (Surah An-Nisa 4:59)

  • It has its basis in the Hadith:

    ‘My community will never agree upon an error.’

• Those knowledgeable about Islamic Law decide on new matters based on what they know already from the Qur’an and Hadith, and then agree on a ruling. The rulings are based on existing Qur’anic rulings, so there is no contradiction or disagreement with the Qur’an.

  • e.g:
    • The compilation of the Qur’an during Abu Bakr’s caliphate,
    • the reestablishment of tarawih prayers in the caliphate of ‘Umar,
    • the adhan of Jumm’ah during the time of ‘Uthman

• Qiyas is analogical reasoning, when one Islamic ruling is compared with another to derive a new ruling for a new issue.

  • Examples of this could be the use of cocaine being prohibited on the basis that intoxicants are prohibited.
  • There are three elements necessary to make a sound analogy and a ruling, using the Qur’an and Hadith, which are:
    • Asl (root): original case on which a ruling has been given,
    • Far’ (branch): new case on which ruling is required,
    • 'Illa (link): the cause, which is common in both,
    • Hukm (ruling): the ruling
  • The original case will have a ruling based on the Qur’an, and therefore the ruling on the new case will have its basis in Qur’anic sources.

• An example from the Hadith that could be given is:

  The Prophet (pbuh) said: ‘Every intoxicant is khamr (wine) and every intoxicant is forbidden.’ (Abu Daud)

  • Asl: The Qur’an and Hadith prohibiting khamr
  • Far’: The use of intoxicants other than khamr also prohibited in Islam
  • ‘Illa: They, like khamr, contain the properties of being intoxicants
  • Hukm: Therefore, the use of every substance that causes intoxication is banned in Islam.