SOURCES OF MUSLIM LAW
Sources mean a place from where something comes. Sources of Muslim law means the originating point of Muslim law. Basically, Muslim law is of divine origin, that is to say, that Muslim law originates from divinity.
The divine communicated to Prophet Mohammad who prescribed them in the Quran.
Introduction-
The sources of Muslim law can be classified into two categories. They are as follows-
1) Primary source
2) Secondary source
1) Primary source: Those sources of Muslim law, which the Prophet Mohammad regarded as the source of Law may be called as Primary source. Primary sources can be classified into 4 categories. They are as follows-
a) Quran
b) Sunnat and Ahadis
c) Ijma
d) Qiyas
a) Quran:
i) The word Quran is derived from the Arabic word " Quarra" which signifies "The reading" or "Which ought to be read".
ii) The Quran is the first primary source and great legislative code of Muslim law. It is the most important source of Muslim law.
iii) It is believed that the Quran is of divine origin and was communicated to Prophet Mohammad by Angel Gabriel for the upliftment of mankind.
iv) The holy Quran is such a book where almost all laws relating to human life is present.
v) The Quran consists of 144 chapters and 6666 verses.
vi) The chapters of the Quran are called Sura and the verses of this holy book are called Ayat.
vii) Ayats consist of laws relating to women, relating to marriage, divorce, guardianship, religious morality, fraternity, absolute surrender to god etc. It also prohibits any types of addiction, infanticide, gambling etc.
viii) That portion of the Quran which was disclosed to Prophet Mohammad at Medina is concerned with legal principles and that portion at Mecca was found to deal with philosophy of life and Islamic religion.
ix) The contents of the Quran can be classified into 4 categories. They are as follows-
* Metaphysical and abstract ( out of this world )
*Theological ( study of religion )
*Ethical and Mystical ( ethics and values)
* Rituals and Legal ( ceremonies and custom)
x) The Quran is a legal text. The principle under which interpretation of a legal text is occurred called istidlal. The Quran can be interpreted by any one of the following modes-
* The General and the Specific.
* The Absolute and the Qualified.
* The Primary and the Secondary.
* Denotation and Connotation (quantity and quality)
b) Sunnat and Ahadis:
i) The second primary source of Muslim law is Sunnat and Ahadis.
ii) The word Sunnat is derived from the word "Sunna".
iii) Sunna is the traditions of Prophet Mohammad. It includes the model behaviour of the Prophet.
iv) Ahadis is derived from the term " Hadis". Actually, the conduct, behaviour, habits and implied revelations of the Prophet, not written down in his lifetime, but preserved by traditions and handed down from generation to generation by authorized persons. These utterings, sayings, daily practices, silent implying or tacit approval all such things are regarded as Hadis or traditions.
v) Simply, what the Prophet did said and approved are called Hadis.
vi) The 3 categories of Sunnat are as follows-
* Sunnat-ul-fail: It implies the traditions followed by Prophet Mohammad.
* Sunnat-ul-qual: It implies the traditions spoken by Prophet Mohammad.
* Sunnat-ul-tuqrir: It implies the things done in the presence of the Prophet Mohammad without his disapproval.
vii) The three classes of Ahadis are given below-
* Ahadis-i-mutwatir: Traditions that are of public and followed by the Muslims of all over the world without exception.
* Ahadis-i-mashhoor: Traditions which though known to a majority of people but not followed by all.
* Ahadis-i-wahid: Traditions that followed by a particular Muslim family or the Muslim people living in a particular locality.
c) Ijma:
i) Ijma is the third primary source of Muslim law.
ii) Ijma is the consensus of the jurists ( followers of the Prophet).
iii) Consensus of the jurists implies an opinion that all the members of a group agree with.
iv) After the death of the Prophet, many new situations and new problems arose which could not be decided directly by the reference only to the Quran and Ahadis. Jurists then recourse to the principle of Ijma.
v) The essential elements of a valid Ijma are as follows-
* It must be upon a question of law.
* It must be made by jurists.
* The jurists must be Muslims.
* The jurists must belong to a particular period.
vi) Kinds of Ijma-
* Ijma of the companions of the Prophet.
* Ijma of jurists.
* Ijma of the people.
d) Qiyas:
i) Qiyas is the fourth primary source of Muslim law.
ii) The Qiyas means Analogical deduction or Measuring.
iii) In Qiyas rules are deduced by the exercise of reason.
iv) When the Quran, Ahadis, and Ijma fail directly to interpret or remain silent when a new problem in the society takes birth then Qiyas is applied to get the laws by establishing an analogy or common sense.
These are primary sources of Muslim law explained.
){kind=link}
0 Comments