Muslim law, often known as Sharia, is a complete legal and ethical framework that controls Muslims’ faith, personal behaviour, and society interactions. Sharia, which is based on divine revelation and prophetic tradition, offers a framework for dealing with matters such as marriage and inheritance, as well as ethical and moral behaviour. Muslim law has traditionally been split into two categories: primary and secondary sources, each of which contributes to the creation and implementation of Islamic jurisprudence. This blog post delves into these sources, their significance, and how they influence the legal situation for Muslims globally.
Primary Sources of Muslim Law
The primary sources of Muslim law are considered the most authoritative, as they are directly linked to divine revelation or the practices of the Prophet Muhammad. These sources form the foundation of Sharia and are universally accepted across Islamic schools of thought.
1. The Quran
The Quran, Islam’s holy book, is considered as the literal word of God (Allah), as revealed to the Prophet Muhammad by the angel Gabriel over the course of 23 years. It is the highest and last authority on all issues pertaining to morality, religion, and the law. The Quran addresses topics including marriage, divorce, inheritance, contracts, and criminal law and offers both broad guidelines and particular legal directives. Roughly one-third of its verses, especially those revealed in Medina, contain legislative content that deals with everyday issues like family law, fasting, and prayer.
Though its verses frequently need to be interpreted in order to apply to particular circumstances, the Quran is not a systematic legal law. Because of its divine nature, it serves as the cornerstone of Islamic law and cannot be overridden by any other source. In 13 A.H. (After Hijra), the text of the Quran was standardised and compiled, guaranteeing its preservation. It has been translated into many languages to make it available to people all over the world.
2. The Sunnah (Hadith)
The Hadith literature contains the Prophet Muhammad’s sayings, actions, and unspoken endorsements, known as the Sunnah. It provides useful instructions on how to apply the teachings of the Quran, making it the second most significant source of Muslim law. When the Quran is silent or unclear on a particular topic, the Sunnah fills that gap. For instance, although prayer is required by the Quran, the Sunnah specifies how and when to offer the five daily prayers.
The Hadith collections, including Sahih Muslim and Sahih al-Bukhari, were assembled by Islamic scholars about 200 years after the Prophet’s passing. To ensure authenticity, these collections were subjected to stringent examination via chains of transmission (isnad). To ensure that only the most trustworthy traditions were included, Imam Bukhari, for example, chose 7,000 out of 600,000.
The categories of the Sunnah are:
Sunnat-ul-Qual: Oral directions, such as the Prophet’s saying, “Those who learn and teach the Quran are the best of you.”
Sunnat-ul-fail: Actions such as giving to charity or praying are examples of sunnat-ul-fail.
Sunnat-ul-Tahrir: Approval of others’ behaviour without speaking.
3. Ijma (Consensus)
The agreement of Muslim scholars (Mujtahids) on a legal matter not specifically covered in the Quran or Sunnah is known as ijma, or consensus. It is predicated on the idea that the Muslim community’s collective judgment—especially that of its learnt members—is unlikely to be incorrect. Ijma can take many different shapes and is an essential resource for solving novel or challenging problems.
Ijma of the Companions: The Prophet’s companions’ consensus, which is considered the most authoritative and obligatory, such as Abu Bakr’s appointment as the first caliph.
Ijma of Jurists: A group of qualified jurists (Ulemas) who make unanimous legal decisions.
Ijma of the Masses: General agreement among the Muslim populace, while less authoritative, on rituals such as fasting and prayer.
Ijma assures that Islamic law is dynamic, addressing political, ethical, and legal concerns with collective scholarly expertise.
4. Qiyas (Analogical Reasoning)
Qiyas is the process of deducing a ruling for a new scenario by drawing parallels with a ruling from the Quran or Sunnah. It is employed when there is no direct textual evidence for a specific case. Qiyas is the process of identifying a similarity between a new case and an existing one with an established ruling, and then applying the same ruling to the new case. For example, if the Quran forbids a certain behaviour, Qiyas may extend that prohibition to a related act that is not explicitly stated.
Qiyas must follow the principles of the Quran and Sunnah and cannot amend existing laws. While it is a useful instrument for applying Islamic law to new situations, it is regarded as less authoritative than the Quran and Sunnah because it is based on human reasoning. Some traditionalists, such as the Zahirites, questioned Qiyas, although it is still largely recognised in most Islamic legal schools.
Secondary Sources of Muslim Law
Secondary sources give Sharia flexibility and adaptation, allowing it to address current concerns and local circumstances. These sources, while not as authoritative as the primary sources, play an important role in the actual implementation of Muslim law.
1. Customs (Urf)
Customs, also known as Urf, are popular Islamic practices that do not contradict the Quran or Sunnah. These customs reflect Muslim communities’ cultural and social norms and can be included in legal rulings if they are rational, consistent, and relevant to everybody. Customary procedures relating to marriage or inheritance, such as remuneration for foster mothers or restitution for civil wrongs, may be recognised as lawful under Sharia. In India, the Shariat Act of 1937 (India Code) addressed the use of customary rules upon conversion to Islam.
2. Judicial Decisions and Precedents
While ancient Islamic jurisprudence did not place as much emphasis on court precedents as common law systems do, modern legal systems in Muslim-majority nations are progressively incorporating them. Court opinions provide practical direction and uniformity when applying Muslim law, notably in areas such as family law and inheritance. In India, key legal precedents have affected the understanding of Muslim law, such
Mohd. Ahmed Khan v. Shah Bano Begum (1985) (Indian Kanoon): Established that Muslim women might seek maintenance under secular law (Section 125 CrPC).
Shayara Bano v. Union of India (2017) (Indian Kanoon): Declared triple talaq unconstitutional, resulting in the Muslim Women (Protection of Marriage Rights) Act of 2019.
These examples show how judicial judgements incorporate Sharia into current legal frameworks.
3. Legislations
Many Muslim-majority countries have incorporated elements of Sharia into national legislation that are subject to constitutional and legal frameworks. These laws seek to reflect Islamic values while meeting current demands. In India, examples include:
The Shariat Act of 1937 applies Muslim law to Muslims in personal matters.
Mussalman Wakf Validating Act of 1913 approves specific sorts of charitable gifts.
The Dissolution of Muslim Marriage Act of 1939 establishes grounds for Muslim women to seek divorce.
The Muslim Women’s (Protection of Rights on Marriage) Act of 2019 covers issues like triple talaq.
These regulations ensure that Sharia principles are followed within a formal legal framework.
4. Equity, Justice, and Good Conscience
Jurists can prioritise justice and societal benefit in legal verdicts by applying principles such as Istihsan (juristic preference), Istidlal (inference), and Maslahah (public interest). Istihsan entails making a more equitable decision, even if it deviates from precise analogical reasoning. Maslahah prioritises the public good, ensuring that legal choices benefit the community. These concepts, founded in the teachings of scholars like Abu Hanifa and Malik, enable freedom to solve complex or unusual circumstances while upholding the spirit of Sharia.
Conclusion
The major sources—the Quran, Sunnah, Ijma, and Qiyas—provide the fundamental ideas and techniques for reaching legal conclusions. Secondary sources, including as customs, judicial precedents, legislation, and equity principles, help to keep Sharia relevant to modern circumstances and societal demands. This blend of divine and human aspects enables Muslim law to address both timeless ethical concerns and contemporary challenges, transforming it into a living tradition that continues to lead millions of Muslims worldwide.
