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    Secondary Sources of Law

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    Dua ali
    1. Ijma is the unanimous agreement of legal experts on issues where the Quran and Hadith are silent. There are three types: agreement of companions, jurists, and the Muslim community. 2. Qiyas uses analogy to extend rulings from the Quran and Hadith to new issues, by comparing the underlying reason or cause. It has four elements: original text, new subject, reasoning, and new rule. 3. Both Ijma and Qiyas can be useful for applying Islamic rulings to modern issues, as they facilitate governing Muslims' lives according to Islam today, without contradicting primary sources.

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    Secondary Sources of Law

    Uploaded by

    Dua ali
    21 views13 pages
    1. Ijma is the unanimous agreement of legal experts on issues where the Quran and Hadith are silent. There are three types: agreement of companions, jurists, and the Muslim community. 2. Qiyas uses analogy to extend rulings from the Quran and Hadith to new issues, by comparing the underlying reason or cause. It has four elements: original text, new subject, reasoning, and new rule. 3. Both Ijma and Qiyas can be useful for applying Islamic rulings to modern issues, as they facilitate governing Muslims' lives according to Islam today, without contradicting primary sources.

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    1. Ijma is the unanimous agreement of legal experts on issues where the Quran and Hadith are silent. There are three types: agreement of companions, jurists, and the Muslim community. 2. Qiyas uses analogy to extend rulings from the Quran and Hadith to new issues, by comparing the underlying reason or cause. It has four elements: original text, new subject, reasoning, and new rule. 3. Both Ijma and Qiyas can be useful for applying Islamic rulings to modern issues, as they facilitate governing Muslims' lives according to Islam today, without contradicting primary sources.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    21 views13 pages

    Secondary Sources of Law

    Uploaded by

    Dua ali
    1. Ijma is the unanimous agreement of legal experts on issues where the Quran and Hadith are silent. There are three types: agreement of companions, jurists, and the Muslim community. 2. Qiyas uses analogy to extend rulings from the Quran and Hadith to new issues, by comparing the underlying reason or cause. It has four elements: original text, new subject, reasoning, and new rule. 3. Both Ijma and Qiyas can be useful for applying Islamic rulings to modern issues, as they facilitate governing Muslims' lives according to Islam today, without contradicting primary sources.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 13

    HISTORY AND

    IMPORTANCE OF
    QURAN

    Secondary Sources of
    Islamic Law
     IJMA

     Ijma is the third and secondary source of Islamic law.


     Its literal meaning is unanimous agreement. Ijma, is
    basically a consensus of legal experts over a question
    regarding Islamic law on which the Quran and Sunnah are
    silent
     However, it must be noted that to perform Ijma, the legal
    experts must have complete knowledge of Quran and
    Sunnah because Ijma of modern experts cannot go against
    the teachings of Quran and Sunnah. The scholars should
    also have in depth knowledge of the previously performed
    Ijmas and also of the new problem under consideration.
     Itis important to understand that though the
    Quran and Sunnah are undoubtedly flawless,
    however there is no harm at all in extending
    those very teachings to apply them to problems
    which the Muslim Ummah faces today. And this,
    by no means implies defying or contradicting
    Quran and Sunnah
     In fact the Quran itself approve of the Ijma at several
    instances. 
    It says: “O you who believe, obey Allah, and Obey His
    messenger and those charged with duty amongst you”
     Here those charged with duty refers to Islamic scholars,
    thus proving that their consensus is a valuable source of
    Islamic law.
     There are three types of Ijma:

     Ijma of Companions

     Ijma of jurists

     Ijma of general Muslim community


    IJMA OF COMPANOINS
     The Tarawwih prayer is prayed throughout Ramadan
    after Isha in which the whole Quran is recited. This was
    the Ijma of the companions of the Prophet (P.B.U.H)
    during the time of Hazrat Umar’s Caliphate, to perform
    20 rakats of this prayer and this is practiced even today.
     During Hazrat Usman’s (R.A) caliphate, it was felt that
    the Muslims had difficulty gathering for the Friday
    prayer on just one azaan and so it was decided by the
    experts to have 2 calls for prayer on Fridays.
    IJMA OF JURISTS
     Wife of a jailed person
     Wife of a missing person
    IJMA OF GENERAL MUSLIM
    COMMUNITY
     Nikkah on Internet
     Permissibility of IVF

     Moon sighting

     Timings of Eid prayer


    QIYAS

     The root meaning of Qiyas is measuring or equality.


     Qiyas is actually a legal method of deducing one
    principle from another by comparing them together.
     Qiyas can only be performed of both the Quran and
    Sunnah are silent on a particular issue and even no Ijma
    has been performed.
     Therefore, the purpose of  Qiyas is primarily to facilitate
    Muslims to fashion their lives according to Islam in the
    modern world.
     Like Ijma, Qiyas too, finds its approval in the primary
    sources of Islamic law. 
     The Sunnah approves of the Qiyas in the following incident:
     When the Holy Prophet (P.B.U.H) sent Muadh Ibn Jabal as
    governor of Yemen, he (P.B.U.H) asked him: “How will you
    reach a judgment when a question arises?” Muadh replied:
    “according to the word of Allah.” “And if you find nothing
    therein?” He then replied: “Then according to Sunnah of the
    messenger of Allah.” The Prophet (P.B.U.H) again
    questioned: “And if you find nothing therein?” On this,
    Muadh said: “Then I shall take the decision according to my
    opinion” The Prophet (P.B.U.H) was extremely pleased at
    his response and remarked: “Praise be to Allah who has led
    his messenger to a solution that pleases him.” (Abu Daud,
    Tirmizi)
     This anecdote illustrates that the Prophet (P.B.U.H)
    appreciated the use of one’s analogical deduction –
    Qiyas – to deliberate on issues not explained in the
    Primary sources of Islamic Law. 
     Qiyas can be divided into 4 elements:

      Asl: (text)the actual injunction in Quran or Sunnah

     Far: (branch)the new subject

      Illa: (cause)reasoning behind the injunction

      Hukm: (rule)the new deduction made


    EXAMPLES
    o The Quran forbids selling or buying of goods after the last call
    for Friday prayers until the end of the prayer as stated in
    Surah al-Jumuah 62:9.
    By analogy, this prohibition is extended to all kinds of
    transactions and activities such as agricultures,
    administrations and others.
    o

    When the Companions held a council to determine the


    punishment of wine drinking, Hazrat Ali bin Abi Talib (R.A)
    suggested that the penalty of false accusation should be
    applied to the wine drinker, and he reasoned, by way of
    analogy, “When a person gets drunk, he raves and when he
    raves, he accuses falsely”.
    QUESTION
     (a) Write an account of how the four sources of Islamic
    Law are used together. [10]
     (b) How useful are Ijma and Qiyas when dealing with
    modern issues? [4]

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