Sources of Shariah Law
Wednesday, September 16, 2009, 21:21
The sources of the Shariah are those sources from which the laws of the Shariah have been drawn and upon which they have been based. These are four and they are as follows:
- The Book (Al-Kitab; The glorious Qur’an
- The Holy Traditions(Al-Sunnah): These include the words, sayings and personal deeds of Muhammed (saw) and in additon the deeds of others for which he gave his direct approval or indirect approval by remaining silent when observing the acts.
- Consensus of the Muslim Community (Al-ijmah al-Ummah: That condition when the comminity of Muhammed (saw) as a whole accept the decisions of the expounders of Islamic law.
- Jurisprudence based on analogy (Al-Qiyas al-Fuqahah): Consists of arriving at an established decision based on certain evidence by comparing it with other evidence similar to it with the same cause, reason and wisdom, and based on the Qur’an, The Al-Sunnah traditions and the Consensus of the Muslim Community. Al ijtihad: Tp exert the utmost effort in deriving a particular law of Shariah from the general evidence of Qur’an and Hadith.Al-Mujtahid: A highly accomplished scholar of Islam, able to issue a legal decision of Shariah from the Ayahs of the Noble Qur’an and the Hadiths (holy traditions of Prophet Muhammed (saw) and capable of performing analogy(Al-Qiyas). Becoming a Mujtahid occurs after one has become thoroughly qualified in the qhole Islamic sciences and is also gifted with knowledge given by the Divine Grace of Allah (swt), the most Great, (al-Alim al-Ladun).
Methods of Science and Channels of Information
These are three and are as follows:
- Hawass al-Salimah: The five senses, sight, hearing, tasting, touch and smell.
- Al-Habar al-Sadiq: Trustworthy news is of two kinds:
a. Reports communicated by the Prophets (as)
b. Tidings communicated by those people unlikely to tell lies
- Al-Aql: Intellegence
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