Imitators out of sight on their heads recite a passage from the Quran from memory by students in Djenné, Mali. (Aramco World Magazine, September-October 1991; Photo Brynn Bruijn). Although there are other sources of law – i.e. ijma`, (consensus), qiyas, (analogy), ijtihad, (progressive argumentation by analogy) – the Qur`an is the first and most important source, followed by hadiths and sunnah. Other sources of law and rules of interpretation of the Qur`an and the Hadith and Sunnah follow in accordance with a generally accepted jurisprudential regime. These laws have significantly influenced, supplemented and modified Muslim law. In 1986, an Act was passed by the Indian Parliament, the Muslim Woman (Protection of Rights in divorce) Act 1986, to create a separate law concerning divorced Muslim women. Depending on the need for time and circumstances, the Indian legislature enacted the law to meet the need. Conclusion These four sources, namely the Qur`an, the Sunnah, the Ijma and the Qiyas, are the main sources of law. Muslim law is mainly based on verses from the Qur`an and hadith practices. There is a secondary source of Muslim law that follows.

Shia sects do not accept the Qiyas as the source of Muslim law. It is thanks to the contribution of all that an orderly and systematic theory of the personal laws of Islam has emerged that governs the Muslim community. References: Sharia is based on four main sources, which are described below. Judicial decision These include decisions of the Privy Council, the Supreme Court and the Supreme Court of India, judges explain what the law is. These decisions are considered precedents for future cases. The court decision is one of the characteristics of English law. In India, Warren Hastings` plan of 1772 only called on the judiciary to introduce new rules into the personal laws of Hindus and Muslims. It was also common for people to directly ask the Prophet for legal decisions on various matters. When he rendered a judgment on such issues, all these details were recorded and used as a reference in future court decisions. Many questions concerning personal conduct, community and family relations, political issues, etc. were raised, decided and recorded by the Prophet at the time of the Prophet. The Sunna can thus serve to clarify the details of what is generally in the Qur`an by making its laws applicable to real situations.

The nineteen schools of fiqh Madhhabs that developed during the first four centuries of Islam condensed into five, including four Sunnis and one Shia.[6] The Sunni schools are: Hanafi, Maliki, Shafi`I, Hanbali and the Shia school is Jafari. The general principle behind the Qiyas process is based on the understanding that any court order guarantees a beneficial and satisfying goal for well-being. Thus, if the cause of an injunction can be derived from primary sources, then analogous derivation can be applied to cases with similar causes. For example, wine is banned in Islam because of its intoxicating quality. Thus, qiyas lead to the conclusion that all intoxicating substances are prohibited. [20] All medieval Muslim jurists rejected arbitrary views and instead developed various secondary sources, also known as legal principles or doctrines [clarification required], in order to follow in case primary sources (i.e. the Qur`an and the Sunnah) remained silent on the subject. [13] It was equally binding for the people to act according to a principle (which was not contrary to the Qur`an or Hadis) established by agreement between highly qualified jurists of all generations. Ijma was defined by Sir Abdul Rahim as the consent of jurists among the followers of the Prophet Muhammad on a particular legal issue. The validity of the ijma, since it contains a binding precedent, is based on a hadis of the Prophet declaring that God will not allow his people to agree on an error. The Ijma thus becomes a source of law.

According to classical theory, the failure of the Qur`an and traditions, as well as the consensus of opinion among the Companions of the Prophet, is recognized as the best guide to the law. It is therefore the third source of law, both in terms of timing and meaning. The authority of ijma as the source of Muslim law is also based on the Qur`an and the Hadiths. The law is something that lives and changes. The purpose of the act is to meet the needs of society. The principle of ijma is based on the text, that is, God will not allow His people to accept a mistake, and what Muslims consider good is good before God. The Muslim religion does not allow the possibility of a new revelation after the death of the Prophet, the principle of Ijma is the only authority for legislation in the current Muslim system. This guide is designed to help you start researching Islamic law.

The selective list of resources is only a selection of what is available on this topic. Please refer to the additional sources listed throughout the guide for further discussion of the topic. Islamic law is a reference to the primary and secondary sources of law and the method used to apply the law. Islamic law has its origins in two main sources, namely divine revelation (wahy) and human reason (aql). .