Sources of Islamic Legal Thinking

 Sources of Islamic Legal Thinking

In today’s world all that you hear about Muslims in terrorists, bombs, war torn countries and shariah law.
Terrorism is another debate for another time but what is shariah law? And how does it come into being?
In simple and easy words Shariah law is the divine code of conduct prescribed by the one true lord Allah. In today’s it can be seen implemented all over the world but various Islamic countries.
So how is Shariah derived?
Well it’s a complicated matter as if like a jigsaw puzzle. Muslims are divided into sects just as Christianity and all other religions. So every sect has a different interpretation of Shariah law. In general the four main sources to derive Shariah Law are:
 Quran or The Holy Book
Hadis/Sunnah/ Traditions of the Prophet
Ijma or Mutual Consensus
Qiyas or Self-analogy





The Quran is the divine word of God revealed to the Holy Prophet (saw) over a period of 23 years through Angel Gabriel. The message of the Quran is perfect, universal, everlasting and can be applicable on any situation in all walks of life. It’s present in its truest form and its relevance and truth is unquestionable. The Holy Quran says; “And surely we will safeguard it (from corruption)”.
It has to be always referred to as no legal law by this can be contradicted. Next to the Holy Quran comes the Sunnah of the Holy Prophet (saw). The Sunnah of the Holy Prophet (saw) either adds to the commandment of the Holy Quran that is to explain the message of Allah or either gives a whole new commandment where the Quran is silent. The Sunnah is significant as it clearly explain the Quranic commandment example is that the Quran says; “Establish Regular Prayer and give regular charity”. Where as it’s doesn’t provide us with the number of rakah’s and the rate of Zakat. The Holy Prophet (saw) gave us the rate of Zakat to be paid and he taught us the way of how the prayer has to be offered; “Pray as you see me pray”. Same is the case for Hajj. He said “Derive the rules of Hajj from me”. The Sunnah and the Quran always agree. If that’s not the case then the Sunnah can be called forged or Zaef.
Next come Ijma and it’s literally means mutual consultation and it is referred to when the previous primary sources offer no clear guidance. It is when scholars representing all factions of the Muslim community come together to give out a decision on a matter. The greatest example is the selection of the first rightly guided caliph in Madinah when all Muslims came together to present their opinions. It never disagrees with the previous sources. The Holy Prophet (saw) “My community will never agree on error”.


Analogy or Qiyas comes in when all previous sources of Islamic Legal thinking are nullified or don’t provide proper clarification. Qiyas means to compare and one identifies halal or haram on the basis of commandments from the Quran and the Sunnah of the Prophet (saw).
The Holy Prophet (saw) said: “O you who believe if you disagree amongst yourselves, then look into the book of Allah, if you don’t find what ye need then into the Sunnah, if you don’t find what ye need then look towards your scholars/community and still not then exercise your own analogy”.
• The Qur’an is the major source of instruction and thinking.
• Its clear teachings are never questioned.
• It is always referred to since no legal teaching ever contradicts it.
 • The Sunnah of the Prophet is an authority next to the Qur’an.
 • It gives fuller teachings of what the Qur’an states in brief.
 • It and the Qur’an always agree.
• It is taken as an authority where the Qur’an is silent.
 • The consensus of the community, ijma’, is referred to when the previous sources do not offer clear guidance.
• It is understood as the agreement of believers on a point of faith or action.
• Some take it as the consensus of the first generation of Muslims, others as the consensus of legal experts.
 • It never disagrees with the previous sources.
 • The Prophet said, ‘My community will never agree on error.’
 • Analogy, qiyas, is employed when the previous sources do not offer clear guidance.
 • It involves an individual expert making a new decision on the basis of known teachings.
 • He compares the unknown with the known and identifies the common points between them.

This Post has been Written by Asjad Khan Yousafzai ( Writer ) And Abdullah Roshan Rustam ( Writer ) Repainted Writes Official.