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Compiled by:
Ustad Usman Hijazi
(Religious Scholar/O-Level Islamiyat Teacher)
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Content
The Holy Quran as a Source of Legal Thinking
significance of the Quranic laws
Hadith as a Source of Legal Thinking
Hadith and its collaboration with Quran
Ijma – The Consensus
Types of Ijma
Circumstances in which Ijma is allowed
Examples of Ijma from Prophet’s (peace be upon him) life
Examples of Ijma from companions’ life
Important of the use of Ijma’ (consensus) to Muslims today
Ijma and its collaboration with Quran
Ijma and its collaboration with Hadith
Qiyas- The Analogy
Circumstances in which Qiyas is allowed
Use of Qiyas by the Prophet (PBUH)
Qiyas and its collaboration with Quran
Qiyas and its collaboration with Hadith
Some legal scholars reject the use of analogy (qiyas)
Comparison of Ijma and Qiyas
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The Holy Quran as a Source of Legal Thinking
and Islamic Law
Q(a): How has the Holy Quran been used as a source of legal thinking by
Muslims? [10]
➢ The primary source of law in the Islamic system is the Holy Quran. It is the
fundamental source from which all principles, ordinances and injunctions of Islam
are drawn.
➢ The Holy Quran is the first source of law both in point of time as well as in point
of importance. In an Islamic state, sovereignty belongs to Allah. Therefore, law
made by Him is supreme which cannot be repealed or annulled by any
legislature or human authority.
➢ The Holy Quran is the Word of Allah revealed by Him to His Prophet (PBUH)
over a period of about 23 years.
➢ The Holy Quran is the final and complete message of Allah. It is complete
because it covers all facets and provides guidance for all aspects of life (social,
political, economic, religious etc.) Allah says in the Holy Quran: “And We have
explained everything with full explanation.”[17:12]
➢ And elsewhere in the Quran, Allah said “And We have sent down to you the
book (Quran) as an exposition of everything” [16:89]
➢ The Holy Quran is the most referred to, and most revered law making authority or
norm of Islamic Law. The reverence of the Holy Quran is due to the fact that it is
Allah’s speech with mankind in its purest form. No verse of the Holy Quran has
been changed or modified because Allah claims to be its Protector for all times to
come.
➢ The commandments of the Holy Quran have been divided into three categories:
(1) Commandments about article of faith (They do not fall in the scope of the
science of Shariah law)
(2) Commandments about Ethics and Morality (They are not discussed in the
science of Shariah law)
(3) Commandments about laws that govern the behaviour and actions of legally
capable persons(They fall within the scope of the science of Shariah law and
they are thoroughly discussed in it)
➢ The commandments of the Quran are called “Awamir” Things that are forbidden
are called “Nawahi” while the absolute and categorical decrees of the Quran are
known as “Nass”.
➢ Religious duties:
(1) Salah and Wudhu“O you who believe! When you prepare for prayer, wash
your face and your hands to the elbows; rub your heads, and wash your
feet to the ankles”[5:6]
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➢
➢
➢
➢
➢
➢
(2) Zakat: “Establish prayer and give poor-tax”. [2:243], and "...and woe to
the polytheists (41:6) Who give not the 'Zakat' and who are disbelievers
in the Hereafter (41:7)"
(3) Fasting:Oh you who believe! Fasting is prescribed to you as it was
prescribed to those before you, that you many learn piety and
righteousness" [Q 2:183]
(4) Hajj: “Pilgrimage thereto is a duty men owe to Allah,-those who can
afford the journey”.[3:97]
Penal Laws: e.g. punishment for theft, adultery, armed robbery etc. “We set
down in [the Torah] for them: ‘life for life, eye for eye, nose for nose, ear for
ear, tooth for tooth and wounds equal for equal’, but if anyone remits the
retaliation by way of charity, it is an act of atonement for himself” [5:45]
Financial affairs: The Holy Quran also gives details of the laws governing
affairs of people such as financial affairs, “Allah has permitted trade and
forbidden usury”.[2:275]
It commands Muslims to abstain from pride, hypocrisy, back biting , lying and
cheating, “Woe to every (kind scandal-monger and backbiter.” [104:1]
Family Laws: e.g. the requirements of a valid marriage, dower, divorce,
inheritance it says,“And serve Allah. Ascribe no thing as partner unto Him.
(Show) kindness unto parents, and unto near kindred, and orphans, and
the needy, and into the neighbour who is a kind (unto you) and the
neighbour who is not of kin and the fellow traveler and the wayfarer and
(the slaves) who you right hands possess.” [4:36]
Ingredients of a contract or agreement: The Holy Quran requires Muslims to
abide by their contracts because they would be made to account in the hereafter
for the promises that they have made it says, “O you who believe when you
deal with each other in transaction involving future obligations in a fixed
period
of
time
reduce
them
towriting”.[2:243]
Laws of evidence: The Quranic laws of evidence require a very high burden
of proof. Consequently, it is very difficult to establish that a person has committed
a crime for which he/she will be punished according to Quranic Law. The Quran
sets punishment for adultery, slander, murder, treason and high way robbery.
“The woman and man guilty of adultery flog each of them with a hundred
stripes.” [224:2] “And those who launch a charge against chaste women
and produce not four witnesses (to support the allegation) flog them with
eighty stripes and reject their testimony forever.” [24:4]
Laws of war: The Quranic principles on the conduct of war prohibit the killing
of women and children; waging a war of aggression; destroying places of
domicile; and killing prisoners of war etc.
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➢ International Law: The Holy Quran requires Muslims to honour treaties with
other nations and to conduct international relations with peaceful means. This
was an important development of that time because nations did not attach much
importance to their treaty obligations.
Q(b): Briefly explain the significance of the Quranic laws.
[4]
➢ They are perfect, comprehensive and complete.
➢ They are unchangeable and everlasting for all times.
➢ They are for all of the mankind and their application is universal, not constrained
by time or restricted to a particular age, group or society.
➢ They are humanistic in nature, in that they provide for a margin of error due to
the weakness of human nature.
➢ Clear commandments contained in the Quranic Verses cannot be changed or
modified, while those forming part of Mutshabehat are open for interpretation.
Q(b): To what extant Holy Quran is the basis of legal thinking in Islam.
[J/2013]
[4]
➢ Quran is Divine, constant and absolute Book revealed by Allah to guide humanity
till the day of Judgment.
➢ It is the Primary source of legal thinking in Islam and extent can be understood
by the example of structure of a building. Quran is foundation which is vital and
most important but not much visible, same goes for legal structure in Islam Quran
provides very laws directly and details are provided by other three sources.
➢ For instant the Quran says, “Establish prayer” Hadith elaborates the method of
performing Salah, Ijma solved the issue of units of Tarwih and performing it
properly in congregation. And Qiyas is used regarding new issues related to
Prayer such as setting the direction for prayer for a person performing Salah in
space, performing Salah in train which moves and changes the direction etc.
➢ It is necessary for scholars to have sound knowledge of Quran for establishing
new rulings. They cannot provide any new rulings without the understanding of
Quran. Whether they are establishing new ruling by the consensus (Ijma) or by
the use of analogy (Qiyas). Abdullah bin Masud says: “ Learn Quran as it has
knowledge of past and future”.
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Hadith as a Source of Legal Thinking and Islamic
Law
Q(a) How have the Ahadith of the Prophet (peace be upon him) been used as a
source of guidance by Muslims?
[10]
➢ The word Sunnah literally means tradition, way of life, code of conduct, action or
practice. In Islamic Shariah, however, this term is exclusively reserved for all
sayings (Quol), actions (Fi’el) and silent approval (Taqreer) of the Prophet
(Peace be upon him). Here, silent approval means that when someone
performed an act in the presence of the Prophet (Peace be upon him) or he was
informed of an act, he remained silent on it.
➢ Thus sayings, actions and silent approval of the Holy Prophet (peace be upon
him) fall in the definition of Sunnah. The word Hadith is also used in the same
meaning, though it refers only to the sayings of the Holy Prophet (peace be upon
him).
➢ Sunnah is the second most important source of Islamic law; its authority is next
to the Quran. They carry much value in a believer’s life. All that the Prophet
(peace be upon him) said or did was not of his own will, rather it was as per the
instructions of Allah. The Holy Quran says, “Nor does he say anything of his
own desire. It is no less than inspiration sent down to him.” [53:3-4]
➢ Sunnah also refers to religious duties namely that which is recommended
although not obligatory. For instant performing Sunnan before or after obligatory
prayer, using Miswak etc.
➢ Allah commands the Muslims to obey the Prophet (peace be upon him), “Obey
Allah and obey the Prophet.” [64:12] and He says ,“Whatever the Prophet
gives you take it, whatever he forbids you refrain from it.” [59:7]. The
Prophet (peace be upon him) said, “I leave with you two things. If you hold
fast by them both, you will never be misguided, the Book of Allah and
Sunnah of the Prophet”. [Muwatta]. The Prophet (peace be upon him) during
his farewell pilgrimage said, “ And I have left among you a thing which if you
adhere to, you will never be misguided after this, the Book of Allah and
what you get from me by questions.” [Sahih Muslim].
➢ Hadith explains the Quranic injunctions, therefore in the cases when Quranic
verses state matters in brief, Muslim use Haidh for their elaboration. For instant
the Quran says, “Establish prayer” Hadith elaborates the method of performing
Salah by giving the following guidelines, “Pray as you have seen me
praying”.[Bukhari]. Thus, the method of prayer as told by the Holy Prophet
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(peace be upon him) will also be obligatory. Prayer will not be accepted if offered
otherwise.
➢ In some places Quran does not give clear guidance, so in such circumstances
the Hadith of Prophet (peace be upon him)is taken as an authority for guidance
and to derive Islamic laws, as a primary source of Islam law.
➢ The Holy Prophet (peace be upon him) declared the flesh of the domestic donkey
as unlawful for eating.He also declared the flesh of beats with pointed teeth and
that of the birds with pointed claws, unlawful to eat. As it is reported by Imam
Thirmidi: “On the day of Khyber Prophet (peace be upon him) prohibited
eating domesticated donkeys, the meat of mules, every predator that
possess canine teeth and every birds with talon”.
➢ He fixed the share of the grandmother in inheritance, etc. it is narrated by
Abdullah bin Abbas (Rz): “The messenger of Allah gave a grandmother onesixth of the inheritance”. [Sunan ibne Majah]
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Hadith and its collaboration with Quran
Q(a) How are the Quran and Hadiths used together in Islamic legal thinking? [10]
[J/2009]
➢ The primary source of law in the Islamic system is the Holy Quran. It is the
fundamental source from which all principles, ordinances and injunctions of Islam
are drawn.
➢ The Holy Quran is the Word of Allah revealed by Him to His Prophet (PBUH)
over a period of about 23 years.
➢ The Holy Quran is the final and complete message of Allah. It is complete
because it covers all facets and provides guidance for all aspects of life (social,
political, economic, religious etc.) Allah says in the Holy Quran: “And We have
explained everything with ful explanation.”[17:12]
➢ And elsewhere in the Quran, Allah said “And We have sent down to you the
book (Quran) as an exposition of everything” [16:89]
➢ The commandments of the Quran are perfect, comprehensiveand complete.
They are unchangeable and everlasting for all times. They are for all of the
mankind and their application is universal, not constrained by time or restricted to
a particular age, group or society.
➢ The word Sunnah literally means tradition, way of life, code of conduct, action or
practice. In Islamic Shariah, however, this term is exclusively reserved for all
sayings (Quol), actions (Fi’el) and silent approval (Taqreer) of the Prophet
(Peace be upon him).
➢ Sunnah is the second most important source of Islamic law; its authority is next
to the Quran. They carry much value in a believer’s life.
➢ Allah commands the Muslims to obey the Prophet (peace be upon him), “Obey
Allah and obey the Prophet.” [64:12] and He says ,“Whatever the Prophet
gives you take it, whatever he forbids you refrain from it.” [59:7]. The
Prophet (peace be upon him) said, “I leave with you two things. If you hold
fast by them both, you will never be misguided, the Book of Allah and
Sunnah of the Prophet”. [Muwatta]. The Prophet (peace be upon him) during
his farewell pilgrimage said, “ And I have left among you a thing which if you
adhere to, you will never be misguided after this, the Book of Allah and
what you get from me by questions.” [Sahih Muslim].
➢ Hadith explains the Quranic injunctions, therefore in the cases when Quranic
verses state matters in brief, Muslim use Haidh for their elaboration. For instant
the Quran says, “Establish prayer” Hadith elaborates the method of performing
Salah by giving the following guidelines, “Pray as you have seen me
praying”.[Bukhari]. Thus, the method of prayer as told by the Holy Prophet
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➢
➢
➢
➢
➢
(peace be upon him) will also be obligatory. Prayer will not be accepted if offered
otherwise.
Another example of the joint work of Quran and Hadith is about the matter of
Zakat. The Quran says, “Be steadfast in prayer and offer regular charity”.
(2:110)
In this verse Quran orders us to offer charity i.e Zakat but it does not specify the
times of Zakat that when we are supposed to pay it.
To find out the answer we refer to the Hadith of Prophet(peace be upon him).
About this matter the Prophet (peace be upon him) said “There is no Zakat due
on wealth until a year passes over”.
Quran and Sunnah are interlinked and are never contradicting each other
because Sunnah is the explanation of Quran.
Both Quran and Hadith are collectively taken as the primary source of Islam law
as together these encompass the entire foundation of legal behaviour of Islam.
Q(b): How are the Quran and Hadith employed in working out the Islamic law?
[4]
➢ The primary source of law in the Islamic system is the Holy Quran. It is the
fundamental source from which all principles, ordinances and injunctions of Islam
are drawn.
➢ The Holy Quran is the final and complete message of Allah. It is complete
because it covers all facets and provides guidance for all aspects of life. Allah
says in the Holy Quran: “And We have explained everything with full
explanation.”[17:12]
➢ The word Sunnah literally means tradition, way of life, code of conduct. In Islamic
Shariah, however, this term is exclusively reserved for all sayings (Quol), actions
(Fi’el) and silent approval (Taqreer) of the Prophet (Peace be upon him).
➢ Sunnah is the second most important source of Islamic law; its authority is next
to the Quran. They carry much value in a believer’s life. Allah commands the
Muslims to obey the Prophet (peace be upon him), “Obey Allah and obey the
Prophet.” [64:12]
➢ Hadith explains the Quranic injunctions, therefore in the cases when Quranic
verses state matters in brief, Muslim use Haidh for their elaboration. For instant
the Quran says, “Establish prayer” Hadith elaborates the method of performing
Salah by giving the following guidelines, “Pray as you have seen me
praying”.[Bukhari].
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Ijma – The Consensus
Q(a) Define Ijma, mention its kinds and describe How and in what circumstances
is it used in Islamic legal thinking? [10]
[J/2001] [N/2007]
Introduction of Ijma
➢ The word Ijmah is derived from the word ‘Jamua’ or ‘Jamat’at,
meaningcollecting or gathering or unanimity. In legal terms, it means a procedure
through which any principle of law is formulated by unanimous opinion. It has
also been defined as an agreement of the Muslim jurists, (Muttahideen), of a
particular age, on a religious matter or question, after the demise of the Prophet
(peace be upon him).
➢ Some scholars/school of thoughts regarded Ijma as the unanimous decision on
religious matter of the companions of the Prophet (peace be upon him), others
regarded it as the agreement of the community of Madina and some of them
declared it as the consensus of legal experts of the first three centuries.
➢ After the Holy Quran and Sunnah, Ijmah is the third source of Islamic Law. If a
legal solution is neither available in Quran nor in Sunnah, then Islam allows
Muslims to find a solution which is agreed upon and accepted by the majority of
the Muslims.
➢ The authority of Ijmah as a source of Legal Thinking and Islamic Law is founded
on the following verses of the Holy Quran. “If they had referred it to the
Messenger and such of them as they are in authority, those among them
who are able to think out the matter would have known it.” (4:83) and “And
consult them in affairs (of moment).” (3:159).The following Ahadis of the Holy
Prophet (PBUH) are quoted in support of Ijma as a source of Legal Thinking and
Islamic Law. “My community will never agree upon an error.” And “What
Muslims agree to be good is also good in the sight of Allah and what the
Muslimsagree to be bad is bad in the eye of Allah”.
Types of Ijma
➢ (a)Ijma of the companions (Sahaba):This is the consensus of opinion
done by the companions of the Holy Prophet (peace be upon him). None can
match the companions of the Holy Prophet (peace be upon him) in their
comprehension and command over Islamic injunctions. Thus, the Ijma enacted
by them is valid for all times to come, and is an invariable source of Islamic law.
Example of this Ijma’ includes the compilation of the Holy Quran during the
caliphate of Hazrat Abu Bakr (Rz).
➢ (b)Ijma of the Imams: The four Imams, Abu Hanifa, Imam Shafi, Imam Malik
and Imam Ahmad bin Hanbal are the elite of the scholars of the Ummah. Their
grasp over theology was the best after the companions. The Ijma’ they derived is
given the highest regard in the Muslim world. There is little that they left out but
the scientific development is of course there. Examples of their Ijma’ includes the
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issue of the missing (lost) individual i.e, what should be the maximum period for a
person before he could be considered dead. This period was initially longer but
as communications have improved multifold over the last century, a seven-year
wait is suggested.
➢ (c)Ijma of the Scholars: There can be shortage but never disappearance of
scholars in Islam. The Holy Prophet (peace be upon him) said that a Mujaddid
(re-newer) would be sent by Allah every hundred years to purify the faith of the
believers. Modern day scholars are confronted with new issues, mostly which
have to do with the advancement of technology. Example of such Ijma includes
the permission to contract a marriage ceremony via telephone and prayer timings
for those living in the North and South Poles. This form of Ijma is according to the
demand of time and circumstances.
➢ (d)Ijma of the Local Muslim Community (Mashwara): The members
of a local Muslim community may also conduct Ijma’ on the issues that pertain to
them as individuals for example time timings for Salah are specified in the
Sunnah, but the exact timing of the congregational prayer may be decided by the
local community of any area.
➢ Ijma is further divided into two categories:
➢ (e)Ijma-e-Qawli (consensus by way of speech):It is when in any era
all those who are worthy of making Ijma, agree unanimously upon a legal matter
by way of speech. For example all companions agreed verbally on the caliphate
of Hazrat Abu Bakr (Rz) and swore allegiance on Hazrat Abu Bakr’s hand.
➢ (f)Ijma-e-Amali (consensus by way of action): It is when in any era all
those worthy of making Ijma, agree unanimously upon a legal matter by way of
action. For example the four Sunnah before Zuhr prayer are regarded as Sunnate-Muakkadah, by virtue of companions practicing upon it with rigidly.
Circumstances in which Ijma is allowed:
➢ The primary source of law in the Islamic system is the Holy Quran. It is the
fundamental source from which all principles, ordinances and injunctions of Islam
are drawn.
➢ The Holy Quran is the final and complete message of Allah. It is complete
because it covers all facets and provides guidance for all aspects of life. Allah
says in the Holy Quran: “And We have explained everything with ful
explanation.”[17:12]
➢ The word Sunnah literally means tradition, way of life, code of conduct. In Islamic
Shariah, however, this term is exclusively reserved for all sayings (Quol), actions
(Fi’el) and silent approval (Taqreer) of the Prophet (Peace be upon him).
12 | P a g e
➢ Sunnah is the second most important source of Islamic law; its authority is next
to the Quran. They carry much value in a believer’s life. Allah commands the
Muslims to obey the Prophet (peace be upon him), “Obey Allah and obey the
Prophet.” [64:12]
➢ In some circumstances, the Quran and Sunnah do not offer direct guidance then
the Ijma is used as a source of guidance by Muslims.
➢ Ijma is an agreement of the Muslim jurists, (Muttahideen), of a particular age, on
a religious matter or question, after the demise of the Prophet (peace be upon
him).
➢ The authority of Ijmah as a source of Legal Thinking and Islamic Law is founded
on the following verses of the Holy Quran. “If they had referred it to the
Messenger and such of them as they are in authority, those among them
who are able to think out the matter would have known it.” (4:83)
➢ The Holy Prophet (peace be upon him) is also reported to have said, “My
community will never agree upon an error.”
➢ Those scholars who are worthy of making Ijma are bound to take inspiration from
primary sources so the consensus they make will be upon the principles
described in the primary sources. Therefore Ijma is considered valid only when it
is sourced from some Qranic verses or Sunnah of the Prophet (peace be upon
him)
Q(a): ‘My community will never agree upon an error’. The Prophet’s Hadith
encourages the use of consensus of opinion (Ijma). Outline:
(a)What consensus of opinion (Ijma) is, and how many kinds of Ijma there
are:
(b)Who is qualified to practice it;
(c)Give examples of how the Prophet and the Rightly Guided Caliphs
practiced Ijma.
[10] [N/2017]
Definition of Ijma
➢ The word Ijmah is derived from the word ‘Jamua’ or ‘Jamat’at, meaning
collecting or gathering or unanimity. In legal terms, it means a procedure through
which any principle of law is formulated by unanimous opinion. It has also been
defined as an agreement of the Muslim jurists, (Muttahideen), of a particular age,
on a religious matter or question, after the demise of the Prophet (peace be upon
him).
➢ After the Holy Quran and Sunnah, Ijmah is the third source of Islamic Law. If a
legal solution is neither available in Quran nor in Sunnah, then Islam allows
Muslims to find a solution which is agreed upon and accepted by the majority of
the Muslims.
13 | P a g e
➢ The authority of Ijmah as a source of Legal Thinking and Islamic Law is founded
on the following verses of the Holy Quran. “And consult them in affairs (of
moment).” (3:159). The following Hadith of the Holy Prophet (PBUH) is quoted in
support of Ijma as a source of Legal Thinking and Islamic Law. “My community
will never agree upon an error.”
Types of Ijma
➢ (a)Ijma of the companions (Sahaba):This is the consensus of opinion
➢
➢
➢
➢
done by the companions of the Holy Prophet (peace be upon him). The Ijma
enacted by them is valid for all times to come, and is an invariable source of
Islamic law. Example of this Ijma’ includes the compilation of the Holy Quran
during the caliphate of Hazrat Abu Bakr (Rz).
(b)Ijma of the Imams: The four Imams, Abu Hanifa, Imam Shafi, Imam Malik
and Imam Ahmad bin Hanbal are the elite of the scholars of the Ummah. Their
grasp over theology was the best after the companions. The Ijma’ they derived is
given the highest regard in the Muslim world.
(c)Ijma of the Scholars: This is the Ijma of the scholars of any era mostly
which have to do with the advancement of technology. Example of such Ijma
includes the permission to contract a marriage ceremony via telephone and
prayer timings for those living in the North and South Poles. This form of Ijma is
according to the demand of time and circumstances.
(d)Ijma of the Local Muslim Community (Mashwara): The members
of a local Muslim community may also conduct Ijma’ on the issues that pertain to
them as individuals for example time timings for Salah are specified in the
Sunnah, but the exact timing of the congregational prayer may be decided by the
local community of any area.
Ijma is further divided into two categories:
(e)Ijma-e-Qawli (consensus by way of speech): This is to conduct
Ijma by way of speech. For example all companions agreed verbally on the
caliphate of Hazrat Abu Bakr (Rz) and swore allegiance on Hazrat Abu Bakr’s
hand.
(f)Ijma-e-Amali (consensus by way of action): This is to conduct Ijma
by way of action. For example the four Sunnah before Zuhr prayer are regarded
as Sunnat-e-Muakkadah, by virtue of companions practicing upon it with rigidly.
Eligibility Criteria:
➢ Some scholars/school of thoughts regarded Ijma as the unanimous decision on
religious matter of the companions of the Prophet (peace be upon him), others
regarded it as the agreement of the community of Madina and some of them
declared it as the consensus of legal experts of the first three centuries. But the
most balanced opinion says that eligible jurists of every era will be eligible to
perform Ijma
➢ There is a strict eligibility criterion for those jurists who will allowed to perform
Ijma. some of the conditions are:
14 | P a g e
➢ They must be adult, Muslim, wise, pious and trustworthy person.
➢ They must have knowledge of all sources of Islamic law, Islamic jurisprudence
(Fiqah) and have ability to differentiate between false and authentic Hadiths.
➢ They must have command on all components of Arabic Language.
Examples from Prophet’s (peace be upon him) life:
➢ Although Ijma can only be practiced after the demise of Holy Prophet (peace be
upon him) but the literal meaning of Ijma ‘Gathering’ ‘Unanimity’ was surely
practiced at the time of Prophet Muhammad (peace be upon him) so we can say
that these are the example of Ijma linguistically however, whatever the Prophet
(peace be upon him) said, did or silently approved, fall in the category of Hadith
and Sunnah.
➢ (1)In 2 A.H when the Muslim chased the caravan of Abu Sufyan and he informed
Abu Jahal, then and there Abu Jahal prepared an army of 1300 to break a war
against Muslims. The Prophet (peace be upon him) consulted the companions
whether to face the army of Abu Jahal or not since their condition was not
allowing to have a battle.
➢ All the Muslim at that time unanimously agreed to face the army of Abu Jahal.
This is an example of Ijma by the Holy Prophet (peace be upon him).
➢ (2)In the sixth year of Hijrah, the Prophet (peace be upon him) saw a dream of
his visit to ka’bah. Next morning he ordered his companions to prepare for the
journey. About 1400 Muslim left for Makkah, the Makkans tried to stop them.
Since the Prophet (peace be upon him)had no intention to fight, he sent Hadhrat
Uthman for table-talk. When he was detained for a long time, a rumour was
spread that he had been killed.
➢ It was unanimously decided to take the revenge of Hadhrat Uthman, this pledge
is known as Bayt al-Ridwan.
Examples from companions’ life:
➢ (1) The Prophet (peace be upon him) prayed Taraveeh only three or four times in
congregation in his life time. It was later during the reign of the caliph Umar (Rz)
that the system of congregation of Taraveeh was added after ‘Isha prayers in
fasting month of Ramadhan and units of Taraveeh were decided 20.
➢ (2) During the time of the Holy Prophet (peace be upon him) there was one
Adhan for the congregational prayers of Jummah but during the reign of the
Caliph Uthman, Madinah expanded considerable and the Adhan could not be
heard because of the noises especially in the markets, therefore, it was
unanimously decided that another call should be proclaimed for Friday prayer.
Q(b) How is the use of Ijma’ (consensus) important to Muslims today?[4]
[J/2011] [N/2001]
15 | P a g e
➢ The word Ijmah is derived from the word ‘Jamua’ or ‘Jamat’at, meaning
collecting or gathering or unanimity. In legal terms, it means a procedure through
which any principle of law is formulated by unanimous opinion. It has also been
defined as an agreement of the Muslim jurists, (Muttahideen), of a particular age,
on a religious matter or question, after the demise of the Prophet (peace be upon
him).
➢ Holy Quran and Sunnah are the Primary sources of law in the Islam. They are
fundamental sources from which all principles, ordinances and injunctions of
Islam are drawn.
➢ But there are circumstances in which the Quran and Sunnah do not offer
definitive answers and so new rulings are required, however, ordinary Muslims
now are not well versed enough in the Quran and Sunnah, and so rulings made
by reliable scholars allow them to continue following the principles of islam.
➢ Islamic rulings depend on the unity of Muslims like Prophet said, “My
community will never agree upon an error” so there has to be agreement with
the scholars and that’s exactly practiced in consensus.
➢ In the contemporary world, Ijma is practiced at the instance of the sighting of the
moon for Ramadan, Eid or otherwise. The decision given by the Royat-e-Hilal
committee of Pakistan, which consists of scholars and legal experts(that whether
the moon has been sighted or not), is considered binding for all Muslims of the
Pakistan and they are obliged to observe all religious rituals likewise.
➢
➢
➢
➢
Q(b): “My community will never agree uponan error” How far do you think
this Hadith is important for the practice of consensus (Ijma)?
[4]
In my opinion this Hadith plays an important role in the practice of Ijma. This
Hadith states the legitimacy of Ijma as third source of Islamic law and motivates
to use consensus when primary sources do not provide clear guidance. Even
Quran also highlights the importance of Ijma “If they had referred it to the
Messenger and such of them as they are in authority, those among them
who are able to think out the matter would have known it.” (4:83)
It encourages believers to solve their new Islamic matters by Ijma, therefore Ijma
brings uniformity among Muslims by practicing uniform actions.
Deeper meaning of this Hadith is that there can be different social, psychological
and regional needs for different times. Ijma made by one generation can be
revised by generations to come to keep Shariah laws in tune with the times and
gradual development of human intellect.
It ensures believers that their decision for Ijma will be perfect because the
decisions are based on Quran and hadith and the Prophet (peace be upon him)
himself ensures the authenticity of Ijma.
Q(b): Why is Ijma difficult to practice nowadays?
[4]
➢ In the time of the companions the followers of Islam were in Madinah and in
some other states of Arabia. It was easy to decide some matters unanimously.
But now with the grace of Almighty Allah Muslims have stretched to the entire
world and they have become a large population. There are different social,
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psychological and regional needs so it is difficult to agree on something
unanimously.
➢ There is difference in definitions in the people of different countries and areas like
the definition of prawn as it is considered fish by some and other denies this
status. So just because of the difference in definition prawn is declared lawful by
some and Makrooh by others.
➢ The differences in administration has also become a hurdle in practicing Ijma. In
1st century the whole Muslim empire was ruled by a nominated caliph so it a
controversial issue the verdict of caliph was the final judgment but with the
differences in administration it is difficult to convince all administrators.
➢ With the passage of time there have been sectarian differences in Ummah.
Ummah is divided in sectors and different school of thoughts i.e Sunni, Shia ,
Ahl-e-Hadith etc. it is difficult to convince the leaders of all schools of thought to
agree on a single matter just because of this lack of unity ijma is difficult to be
practiced.
Ijma and its collaboration with Quran
Q(a) Give two specific examples to show how the Ijma (consensus) has been
used together with Quran in working out new Islamic ruling?
[10]
Relation between both sources:
➢ The primary source of law in the Islamic system is the Holy Quran. It is the
fundamental source from which all principles, ordinances and injunctions of Islam
are drawn.
➢ The Holy Quran is the final and complete message of Allah. It is complete
because it covers all facets and provides guidance for all aspects of life. Allah
says in the Holy Quran: “And We have explained everything with ful
explanation.”[17:12]
➢ The word Sunnah literally means tradition, way of life, code of conduct. In Islamic
Shariah, however, this term is exclusively reserved for all sayings (Quol), actions
(Fi’el) and silent approval (Taqreer) of the Prophet (Peace be upon him).
➢ Sunnah is the second most important source of Islamic law; its authority is next
to the Quran. They carry much value in a believer’s life. Allah commands the
Muslims to obey the Prophet (peace be upon him), “Obey Allah and obey the
Prophet.” [64:12]
➢ In some circumstances, the Quran and Sunnah do not offer direct guidance then
the Ijma is used as a source of guidance by Muslims.
➢ Ijma is an agreement of the Muslim jurists, (Muttahideen), of a particular age, on
a religious matter or question, after the demise of the Prophet (peace be upon
him).
17 | P a g e
➢ The Holy Prophet (peace be upon him) is reported to have said, “My community
will never agree upon an error.”
➢ Sometimes Ijma is based on the Primary source Quran in working out new
Islamic ruling.
Example # 1
➢ The Holy Quran forbids it to marry one his mother or daughters. It says,
“Prohibited to you (for marriage) are: your mothers, daughters, sisters,
father’s sisters, mother’s sisters, brother’s daughter, sister’s daughter,
foster mothers, foster sisters, your wives mother, your step-mother, your
stepdaughters under your guardship, born of your wives” [4:23].
➢ The principle follows the spirit of this full list, and adds two categories about
which it is silent they are grandmothers and granddaughters.
➢ For this, the Ijma has played a role and it has been unanimously decided that the
terms mothers and daughters also encompasses of grandmothers and
granddaughters therefore marrying them is also impermissible.
Example # 2
➢ Another example of Ijma’s collaboration with Quran is about the law of
inheritance. The Quran states, “it is prescribed, when death approaches any
of you, if he leaves any goods that he makes a bequest to parents and next
of kind, according to reasonable usage; this is due from the Allah-fearing.”
➢ According to this verse, when a son dies a specific share in his property as
inheritance is given to his father. But the verse is silent regarding the case when
the father has died before his son dies, whether this specific share will be strewn
in other shares or it will be passed on to someone else?
➢ By Ijma it has unanimously been decided that grandfather holds the position like
a father therefore in this case the share of father will be given to grandfather.
➢ These examples show that Ijma can be regarded as a continuation of the divine
teachings for legal and practical purpose. Hence, Ijma by removing the
ambiguities in the interpretations of Quran makes the ruling absolute which is
unanimously followed by the Ummah.
Or
Example # 3
➢ The recipient of Zakaht are mentioned in the Holy Quran it states, “Zakah
expenditures are only for the poor and for the needy and for those
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➢
➢
➢
➢
employed to collect [zakah] and for bringing hearts together [for Islam] and
for freeing captives [or slaves] and for those in debt and for the cause of
Allah and for the [stranded] traveler - an obligation [imposed] by Allah .
And Allah is Knowing and Wise”. [9:60] amongst the recipient of Zakah are
those whose hearts are made to incline (to truth).
Allah commanded the Muslim to give Zakah to them. Giving money in order to
soften a person’s heart and open it towards Islam is helping them to discover the
truth and encouraging them to follow it by entering Islam. It is a kind of jihad
using money.
This share should be taken to the ruler and given to those who he sees are close
to accepting Islam. The Prophet (peace and blessings of Allaah be upon him)
gave those whose hearts were to be softened wealth from the spoils of the battle
of Hunayn, which led to entire tribes becoming Muslim. This is an ongoing issue,
and one of the means of da’wah that should be revived, because people are
naturally inclined to like those who are kind to them.
Another reason was that the people who had migrated with the Prophet (PBUH)
to Madinah had left some relatives in Makkah, the Zakah was given to them to
soften their hearts towards their relatives in Makkah.
However during the caliphate of Umer (Rz) with the unanimous decision of the
whole Muslim Ummah it was decided not to give them Zakat since there was no
more need to give them Zakat.
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Ijma and its collaboration with Hadith
Q(a) Give two specific examples to show how the Ijma (consensus) has been
used together with Hadith in working out new Islamic ruling?
[10]
Relation between both sources:
➢ The primary source of law in the Islamic system is the Holy Quran. It is the
fundamental source from which all principles, ordinances and injunctions of Islam
are drawn.
➢ The Holy Quran is the final and complete message of Allah. It is complete
because it covers all facets and provides guidance for all aspects of life. Allah
says in the Holy Quran: “And We have explained everything with ful
explanation.”[17:12]
➢ The word Sunnah literally means tradition, way of life, code of conduct. In Islamic
Shariah, however, this term is exclusively reserved for all sayings (Quol), actions
(Fi’el) and silent approval (Taqreer) of the Prophet (Peace be upon him).
➢ Sunnah is the second most important source of Islamic law; its authority is next
to the Quran. They carry much value in a believer’s life. Allah commands the
Muslims to obey the Prophet (peace be upon him), “Obey Allah and obey the
Prophet.” [64:12]
➢ In some circumstances, the Quran and Sunnah do not offer direct guidance then
the Ijma is used as a source of guidance by Muslims.
➢ Ijma is an agreement of the Muslim jurists, (Muttahideen), of a particular age, on
a religious matter or question, after the demise of the Prophet (peace be upon
him).
➢ The Holy Prophet (peace be upon him) is reported to have said, “My community
will never agree upon an error.”
➢ Sometimes Ijma is based on the Primary source Hadith in working out new
Islamic ruling.
Example # 1
➢ At the time of the Prophet’s death, there was no official copy of the Quran and no
one possessed a complete written text. In the battle of Yamana, against a false
prophet Musalima, many of the memorizers of Quran were martyred. Hazrat
Umer suggested to the caliph, that he order a written copy of the Quran to be
made. Hazrat Abu Bakr appointed Zaid Bin Sabit, Prophet’s chief scribe and a
team of seventy five selected companions to assist Hadhrat Zaid bin Sabit. The
copy which this commission prepared was given to the caliph Abu Bakr (Rz).
20 | P a g e
Example # 2
➢ The Prophet (peace be upon him) prayed Taraveeh only three or four times in
congregation in his life time. It was later during the reign of the caliph Umar (Rz)
that the system of congregation of Taraveeh was added after ‘Isha prayers in
fasting month of Ramadhan and units of Taraveeh were decided 20.
OR
Example # 3
➢ During the time of the Holy Prophet (peace be upon him) there was one Adhan
for the congregational prayers of Jummah but during the reign of the Caliph
Uthman, Madinah expanded considerable and the Adhan could not be heard
because of the noises especially in the markets, therefore, it was unanimously
decided that another call should be proclaimed for Friday prayer.
21 | P a g e
Qiyas- The Analogy
Q(a) What is Qiyas (analogy)?
[4]
➢ The root meaning of the word `Qiyas’ is `To measure’, `to equalize.
➢ In the legal sense, Qiyas is a process of deduction by which the law of a text is
applied to cases, which, though not covered by the language, are governed by
the reason of the text. When clarification of a certain matter or issue is not
available in the Holy Quran, the Sunnah or previous Ijmas, then an expert Jurist
(Mujtahid) can carry out Qiyas.
➢ The following Verse of the Holy Quran lend support for Qiyas: “Will they then
not meditate on the Quran, or are there locks on their hearts?” (47:24).
“When Hazrat Ma’az ibn Jabal was appointed as Governor of Yemen, the Holy
Prophet (peace be upon him) asked him how he would decide the cases coming
to him. Hazrat Ma’az said that he would look to the Holy Quran for guidance, if he
found nothing there, he would go to the Sunnah and if he still did not find
anything in there as well, he would exert himself to try to arrive at a decision. The
Holy Prophet (peace be upon him) is reported to have expressed his satisfaction
and happiness at Hazrat Ma’az’s reply.”
➢ Qiays does not mean free and unbound exercising of own judgment and human
intellect but it must be directedby primary sources. Therefore, it has some
components that are used in the process of Ijtihad.
➢ Asal: (Original case) the verse of Quran or Sunnah/Hadith of Prophet (peace be
upon him).
➢ Far: (new case); the new problem which is not clearly mentioned in Quran and
Hadith
➢ Illa: (Effective cause): the common reason between Asl and Far.
➢ Hukm: (New ruling): After comparing Asal and Far and finding out the effective
cause the new ruling is established.
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Q(b): In what circumstances do Muslims allow the use of Qiyas (analogy)?
[4]
➢ The primary source of law in the Islamic system is the Holy Quran. It is the
fundamental source from which all principles, ordinances and injunctions of Islam
are drawn.
➢ The Holy Quran is the final and complete message of Allah. It is complete
because it covers all facets and provides guidance for all aspects of life.
➢ The word Sunnah this term is exclusively reserved for all sayings (Quol), actions
(Fi’el) and silent approval (Taqreer) of the Prophet (Peace be upon him).
➢ Sunnah is the second most important source of Islamic law; its authority is next
to the Quran. They carry much value in a believer’s life. Allah commands the
Muslims to obey the Prophet (peace be upon him), “Obey Allah and obey the
Prophet.” [64:12]
➢ In some circumstances, the Quran and Sunnah do not offer direct guidance then
the Ijma is used as a source of guidance by Muslims.
➢ Ijma is an agreement of the Muslim jurists, (Muttahideen), of a particular age, on
a religious matter or question, after the demise of the Prophet (peace be upon
him).
➢ The Holy Prophet (peace be upon him) is reported to have said, “My community
will never agree upon an error.”
23 | P a g e
➢ When the Ijma also does not offer guidance then the Qiyas is used as a source
of guidance by Muslims.
➢ Qiyas is a process of deduction by which the law of a text is applied to cases,
which, though not covered by the language, are governed by the reason of the
text. When clarification of a certain matter or issue is not available in the Holy
Quran, the Sunnah or previous Ijmas, then an expert Jurist (Mujtahid) can carry
out Qiyas.
Use of Qiyas by the Prophet (PBUH)
➢ It is said that a woman came to the Holy Prophet (PBUH) and said that her
mother who wanted to perform Hajj had died. She asked whether it was
necessary for her to perform Hajj on her behalf. The Holy Prophet (PBUH)
paused for a moment and then said: “What would you do if she had left debt?
Naturally you would pay it.” Thus, the Holy Prophet (PBUH) resorted to analogy
to resolve the matter.
➢ The Holy Quran forbids the marriage of two sisters with a man simultaneously.
Keeping the effective cause in his view, the Holy Prophet (PBUH) forbade the
combining of aunt and niece in marriage.
Hazrat Abu Bakr, The First Caliph, exercised Qiyas when he decided to
wage war against tribes that refused to pay Zakat after the death of the Holy Prophet
(PBUH).
24 | P a g e
Qiyas and its collaboration with Quran
Q(a) Give two specific examples to show how the Qiyas (Analogy) has been
used together with Quran in working out new Islamic ruling?
[10]
➢ The primary source of law in the Islamic system is the Holy Quran. It is the
fundamental source from which all principles, ordinances and injunctions of Islam
are drawn.
➢ The Holy Quran is the final and complete message of Allah. It is complete
because it covers all facets and provides guidance for all aspects of life. Allah
says in the Holy Quran: “And We have explained everything with ful
explanation.”[17:12]
➢ The word Sunnah literally means tradition, way of life, code of conduct. In Islamic
Shariah, however, this term is exclusively reserved for all sayings (Quol), actions
(Fi’el) and silent approval (Taqreer) of the Prophet (Peace be upon him).
➢ Sunnah is the second most important source of Islamic law; its authority is next
to the Quran. They carry much value in a believer’s life. Allah commands the
Muslims to obey the Prophet (peace be upon him), “Obey Allah and obey the
Prophet.” [64:12]
➢ In some circumstances, the Quran and Sunnah do not offer direct guidance then
the Ijma is used as a source of guidance by Muslims.
➢ When even Ijma does not solve new matter, Qiyas (analogy) is allowed. Qiyas is
a process of deduction by which the law of a text is applied to cases, which,
though not covered by the language, are governed by the reason of the text.
When clarification of a certain matter or issue is not available in the Holy Quran,
the Sunnah or previous Ijmas, then an expert Jurist (Mujtahid) can carry out
Qiyas.
➢ Sometimes Qiyas is based on the primary source Quran for working out new
Islamic ruling.
Example -1
➢ The Holy Quran forbids sales transactions after the call to prayer on Friday. The
Holy Quran says: “O you who believe! When the call is proclaimed to prayer
on Friday, hasten to the remembrance of Allah and leave off business: This
is best for you if you but knew!” [62:9] [Asal]
➢ But it is unclear regarding the buying transactions, especially through a
vending machine, whether it is also impermissible or not.
[Far]
25 | P a g e
➢ Jurists of the time compared both the cases and found the effective cause of its
being forbidden, that is the risk of missing the Friday prayer if one gets involved
in such transactions.
[Illa]
➢ Therefore, buying transactions are also forbidden after the first call to the prayers
on Friday.
[Hukm]
➢ Example-2
➢ Another example of joint work of Quran and Qiyas Is regarding consumption of
alcohol and other drugs. About alcohol the Quran says, “O believers!
Intoxicants and gambling (games of chance), dedication to stones (paying
tribute to idols) and division by arrows (Lottery) are the filthy works of
Satan. Get away from them, so you may prosper” [5:90] [Asal]
➢ This verse clearly makes alcohol illegal for believers.
➢ It is not clearly mentioned in this verse that usage of others powdered drugs like
cocaine; L.S.D, heroin and Marijuana etc areforbidden or permissible.
[Far]
➢ Jurists of the time compared both the cases and found the effective cause of its
being forbidden, that is they all (alcohol, powdered drugs cocaine, L.S.D, heroin
and Marijuana) cause to lose consciousness which lead to sinful activities. [Illa]
➢ Therefore on the basis of this effective cause, it has been ruled that cocaine,
L.S.D, heroin and Marijuana are also forbidden to use for a believer.
[Hukm]
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Qiyas and its collaboration with Hadith
Q(a) Give two specific examples to show how the Qiyas (Analogy) has been used
together with Hadith in working out new Islamic ruling?
[10]
➢ The primary source of law in the Islamic system is the Holy Quran. It is the
fundamental source from which all principles, ordinances and injunctions of Islam
are drawn.
➢ The Holy Quran is the final and complete message of Allah. It is complete
because it covers all facets and provides guidance for all aspects of life. Allah
says in the Holy Quran: “And We have explained everything with ful
explanation.”[17:12]
➢ The word Sunnah literally means tradition, way of life, code of conduct. In Islamic
Shariah, however, this term is exclusively reserved for all sayings (Quol), actions
(Fi’el) and silent approval (Taqreer) of the Prophet (Peace be upon him).
➢ Sunnah is the second most important source of Islamic law; its authority is next
to the Quran. They carry much value in a believer’s life. Allah commands the
Muslims to obey the Prophet (peace be upon him), “Obey Allah and obey the
Prophet.” [64:12]
➢ In some circumstances, the Quran and Sunnah do not offer direct guidance then
the Ijma is used as a source of guidance by Muslims.
➢ When even Ijma does not solve new matter, Qiyas (analogy) is allowed. Qiyas is
a process of deduction by which the law of a text is applied to cases, which,
though not covered by the language, are governed by the reason of the text.
When clarification of a certain matter or issue is not available in the Holy Quran,
the Sunnah or previous Ijmas, then an expert Jurist (Mujtahid) can carry out
Qiyas.
➢ Sometimes Qiyas is based on the primary source Quran for working out new
Islamic ruling.
Example-1
➢ Ablution is not valid if the smallest portion of the body, which had to be washed
remains dry. The Prophet (peace be upon him) said “if you find water, then let
it touch your skin, for that is good”. According to Hazrat Ayesha (Rz) if flour is
dried on the nails and water has not reached any portion of that nail, ablution will
not be considered valid.[Asal]
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➢ The Issue of Nail polish arose which is used by Muslim women around the world.
And it is accepted that Nail polish prevents water from reaching the nail. Is it
necessary for the women to remove even the thin coats of the nail polish? [Far]
➢ Layer of dried flour and nail polish both do not let water reach the nail.
[Illa]
➢ Nail polish must be removed before making ablution or else the ablution will
remain invalid.
[Hukm]
Example-2
➢ Another example of the collaboration of Hadith and Qiyas is on the subject of the
inheritance from the estate of the murdered. The Prophet (peace be upon him) is
reported to have said, “The murderer does not inherit in the estate of the
murdered”. In this Hadith it is clearly stated that, if inheritor kills the one from
whom he was going to inherit, would be withdrew from his estate. [Asal]
➢ However, it is unclear regarding the one who has been bequeathed something
and he kills the one who made the bequest for him.
[Far]
➢ Jurists of the time compared both the cases and found the effective cause that
both tried to get the possession of estate earlier and murdered the one from
whom they were getting the estate.
[Illa]
➢ Therefore on the basis of this effective cause, it has been ruled that as the
inheritor is deprived from the estate of murdered, the one who was bequeathed
something will be deprived from the estate of the one who made bequest for him.
[Hukm]
Q(b): Why do some legal scholars reject the use of analogy (qiyas)?
[J/2009]
[4]
Q(b): Some Muslim scholars have questioned the use of analogy (qiyas) in
Islamic law. Why do you think they have done so?
[4]
[N/2005]
➢ The foremost objection is that Qiyas is not a heavenly source as compared to
Quran and Hadith, even Ijma that is practiced in the light of Quran and Sunnah
has practically no possibility of inaccuracy as the Prophet (peace be upon him)
said, “My community will never agree upon an error”. But the case of Qiyas is
quite different and it is not dependable as stated by those who reject to use
Qiyas.
➢ A further objection is that Qiyas only depends upon human understanding which
cannot be relied upon in legal thinking. They think that theprocedure of
discovering Illah (effective cause) between original case and new issue is
performed by human beings and usually different people come up with different
deductions which prove that Qiyas cannot generate satisfactory conclusion.
28 | P a g e
➢ They also declare the Qiyas to be the cause of the division among Muslim
Ummah, since the different opinions initiate different laws, different laws bring
different practice, and different practice leads to disunity and contradiction. For
instance scholars opinions are different regarding the organ donation, status of
picture/videos, Islamic banking, wearing of phyl (Taveez) etc.
Q(b): Do you think both Ijma’ and qiyas are equally important for solving
present day issues? Give reasons for your answer. [4]
[J/2016]
➢ Although, Ijma has its own importance as it is even recommended by
Prophet(peace be upon him) and the Prophet (peace be upon him) himself
ensured the authenticity of Ijma by saying, “My community will never agree
upon an error”. But in present days because of differences in administration,
differences in definition, sectarian differences and lack of unity Ijma is difficult to
be practiced.
➢ There are times when Quran and Hadith do not dive clear guidance and Ijma is
difficult to be practiced then Qiyas takes the position in Shariah as the fourth
source in matters of legal thinking.
➢ Whether Ijma has the higher status then Qiyas but still for the recent era I think
Qiyas is more important to solve the present day issues.
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