Sources of Islamic law

Introductory remarks

Islam is the complete code of life. It provides guidance in all areas of life. Under Islamic law the concept of law includes the moral law and legal rulings. According to Islam the source of all authority last is God alone.

Man Islam

Sources of Islamic law

1 Quran

Man Islam

The Koran is the first and most important source of law. The Koran is not a law book in the modern sense. The legislative part of the Koran is the model for the illustration and the future legislation was not aCode itself.

Meaning

As the primary source of law is essential Koran. It establishes a way of life that governs the relationship between human beings and their relationship with God right of inheritance, marriage, divorce, theft, adultery, and the rules of war and peace are to regulate relations with people mean the people.

2 Sunnah

Sources of Islamic law

Second source of Islamic law is the Sunnah. The Sunnah is closely connected with the Koran. It consists of:

AllRemember the words of the Prophet (saww)
Actions, words and maintain the daily practice of the Prophet (saww).
Silence takes on a tacit endorsement of his share of any single act by the disciplines.

Meaning

Sunnah is of great importance to the Quran. It describes the functions of the Holy Prophet (saww) that is to say, today announced the revelation in front of people, which then lead.

3 Ijma

Imja is an important source of law. And 'the consent of theJurists among the followers of Muhammad (saww) at a certain age on a particular issue.

Base Ijma

Ijma can count on
Quran
Sunnah
Analogy

Types Ijma

Express
Silently
Qawli
Sakuti

Meaning

Ijma as a source of law is of great importance. Helps to interpret the laws, can be made through their procees to the changing needs of the times and new laws.

4 qiyas

Qiyas is an extension of the law ofOriginal text in which the process to a particular case Illats common or efficient cause, which applies not only an interpretation of language found in the text.

Types

Jali qiyas
Qiyas khafar

Meaning

The function of qiyas is the law of the text on the cases that extend beyond the scope of its provisions and not to establish a new state law.

5 Opinions of Muslim jurists

Opinions of Muslim jurists are secondarySource of Islamic law.

6 Laws of nature together

The Holly Quran is a code of conduct setting out basic principles rather than detailed provisions, in case of doubt should be the Sunnah.

7 Naska

Nask is also a secondary source of Islamic law. And 'the tent of the Koran and the traditions that has been completely abolished or limited, or modified by the application or later.

8 Muslalah Mursal

Muslalah means Mursalif everything is clear in the law after giving any reason, the course will be adopted in accordance with the Islamic spirit, for example. Fees for the defense of the country.

9 Ijtehad

Ijtehad is an employee of the sources of Islamic law. If a problem is not solved explicitly in the Qur'an and Sunnah and leave aside the lawyer can not ijma not resolved the issue but should strive hard to understand the solution under the light of Quran and Sunnah.

Hall 10Read:

The municipal laws of the State, is a source of Islamic law, provided these do not conflict with Islamic ideas. It includes

Thumb
Criminal records
Legislation
Equality

11 Istehsan

Istehsan means promoting one above the other, bearing in mind the good ex. If a rule of law derived y analogy is in conflict with or Ijma probably caused hardships for its narrowness. Hanfis lawyers refuse to follow him and to give preference rulein his opinion, better to advance the welfare of the people and the interests of justice.

Types istihsan

1 Istihsan-and-qiyas
2 Istihsan-and-Zarurat
3-and-Istihsan Ijma

The importance of Istihsan

Islamic legal system is not rigid but is much more flexible to adopt to the changing circumstances and needs of society. The principle of Istehsan offers the possibility of Muslim jurists to interpret the law according to the spirit and the trueIntention, when Islam.

12 Istidlal

Istidlal identify the contents of a thing. And 'the name of a particular method of the syllogism is not within the legal interpretation or analogy.

Types Istidlal

Expression i. connection between the two sets.
ii. Isthab ul hal
iii. Authority of the law revealed earlier.

The importance of Istidlal

Istidlal as a secondary source of law makes sense in the law.

13 Taqlid

Taqliddenied the concept of ijtihad, and has in fact only means Taqlid learned to follow the advice. And 'the discussion on the historical development of Islamic jurisprudence.

End Notes:

Finally, we can say that the Koran is the fundamental and primary source of Islamic jurisprudence and law. The basic sources of Islamic law are the Qur'an and Sunnah. Their authority is unchanged at all times. Qiyas and ijma considered authoritative source of lawHis subordinate, the Qur'an and Sunnah. All sources have a meaning in Islamic jurisprudence and legislation.

Sources of Islamic law