A Short Note on The Sources of Muslim Law

Introduction to the Sources of Muslim Law

The sources of Muslim Law (Sharia) is deeply rooted in divine revelation and scholarly interpretation, forming a comprehensive legal and ethical framework governing the lives of Muslims. The primary sources of Muslim Law—the Quran and Sunnah—provide the unalterable core of Islamic jurisprudence, offering divine commandments and the Prophetic traditions. Alongside these, secondary sources such as Ijma (consensus of scholars) and Qiyas (analogical reasoning) play a pivotal role in adapting Islamic principles to evolving societal contexts. Additionally, customs (Urf), judicial precedents, and fatwas (scholarly rulings) contribute to the dynamic application of Fiqh (Islamic jurisprudence), which represents human understanding of Sharia. This article explores the key sources of Muslim Law, their hierarchical significance, and their interplay in shaping Islamic legal systems, while also examining the differences between Sharia and Fiqh, the evolution of Islamic legal doctrines, and the role of scholarly interpretations in contemporary Muslim societies. By analyzing these aspects, we gain insight into how Muslim Law is derived, interpreted, and implemented across diverse cultural and legal landscapes.

Primary Sources of Muslim Law

The primary sources of  Muslim law as follows :

Quran

The Quran, The Quran is considered by the Muslims as the basis of their law. The Quran is revered by Muslims as the ultimate source of Islamic law, believed to be of divine origin and revealed to the Prophet Muhammad (PBUH) through the Angel Gabriel. Although the Prophet himself did not write the Quran, his companions meticulously compiled it after his passing. The first Caliph, Abu Bakr, gathered the scattered verses, and the final authoritative version was standardized by Caliph Usman in A.H. 30. With approximately 6,000 verses, the Quran covers religious, philosophical, and legal teachings, though only around 200 verses outline legal principles, with just 80 focusing on personal status laws. These provisions address critical aspects such as inheritance, marriage, divorce, and family law, while also reforming pre-Islamic customs like polygamy, gambling, and infanticide.

The Quran as a Legal Framework: Broad Principles and Unalterable Authority

While the Quran provides foundational legal guidelines, it is not an exhaustive legal code. The verses revealed in Medina particularly emphasize legal rulings, yet they present broad principles without detailed elaboration. As a divine text, the Quran’s laws are immutable, and no human authority can alter its provisions. Renowned scholar Tayyabji describes the Quran as an “amending enactment” rather than a comprehensive legal code. Judicial interpretations, such as in Aga Mohammed Jaffar Vs. Kulsum Bibi (1897), highlight that courts must adhere to established Quranic exegesis from authoritative texts like Hedaya or Imamia, without deviating from traditional understandings.

The Sunna and Hadith: Essential Sources of Muslim Law

The Sunna and Hadith form the secondary but crucial sources of Muslim law (Sharia), working alongside the Quran to establish complete Islamic jurisprudence (fiqh). As Fyzee explains, while the Quran is direct revelation, Hadith (Prophet’s sayings) and Sunna (Prophet’s practices) constitute indirect revelation, together forming nass – binding Islamic ordinances. Though often used interchangeably, Hadith refers to specific narrations of the Prophet’s words/actions, while Sunna represents the established practices derived from them. These traditions, as Wensinck noted, serve as “the mirror of Muslim society,” providing practical applications of Quranic principles. Sunna includes the Prophet’s actions (Sunnat-ul-faul), verbal teachings (Sunnat-ul-qaul), and tacit approvals (Sunnat-ul-Taqrir). Hadith is classified by authenticity: universally accepted (Ahadis-i-Mutwatra), widely-known (Ahadis-i-mashhura), and isolated reports (Ahadis-i-wahid).

Authenticity and Importance in Islamic Jurisprudence

With collections like Imam Ahmed ibn-Hanbal’s Musnad (80,000 Hadiths), these traditions play a vital role in Islamic legal interpretation. However, scholars rigorously verify Hadith authenticity since many were recorded later. Shia Muslim only accepts narrations from the Prophet’s household (Ahl al-Bayt). As the second primary source after the Quran, Hadith and Sunna must align with Quranic teachings. They provide essential guidance on Islamic rituals, social conduct, and legal rulings, making them indispensable to Muslim law despite being unwritten.

Ijma (Consensus of Scholars) in Islamic Jurisprudence :

As the third primary source of Islamic law, Ijma represents the consensus of Muslim jurists on legal matters not explicitly addressed in the Quran or Hadith. Defined by Sir Abdur Rahim as “the agreement of jurists among Prophet Muhammad’s followers in a particular age,” Ijma in Islamic jurisprudence derives its authority from Quran 4:59, which commands believers to obey God, the Prophet, and those in authority.

Classification and Validity of Ijma

1. Ijmaa of the Companions (Sahaba) – Universally binding and irreversible.
2. Ijmaa of Jurists (Fuqaha) – Subject to reconsideration.
3. Ijmaa of the General Muslim Community (Ummah) – Rare and debated.

For Ijma to be valid in Islamic law, it must not contradict the Quran or Sunnah. A later consensus of scholars can overturn a prior Ijma, allowing legal adaptability. While Sunni jurists widely accept Ijma as essential for addressing modern issues, Shia scholars only recognize it if endorsed by an infallible Imam.

Ijma in Development of Mohammedan jurisprudence

Ijmaa has played a very important part in the development of Mohammedan jurisprudence, as it has made possible changes to suit the needs of changing times and usages and in as much as it has been influenced by the opinions of jurists in all cases not provided for in the Quran or the traditions, or where such provisions were not explicit.

Qiyas (Analogical Reasoning) in Sharia Law

Qiyas represents the fourth primary source of Islamic law, defined as the extension of legal principles from original texts through analogical deduction. As Jung explains, it involves applying established laws to new cases sharing the same underlying rationale (illah). The Hanafi school emphasizes this Islamic legal reasoning method, requiring an effective cause connecting the original and new cases.

 Prophetic Approval and Application
The legitimacy of Qiyas in Sharia traces to Prophet Muhammad’s approval when commissioning Mu’adh ibn Jabal to Yemen. Their dialogue established a legal hierarchy:

1. Quranic texts (primary source)
2. Prophetic traditions (Sunnah)
3. Reasoned judgment (Ijtihad/Qiyas)

Mahmassani’s classic example illustrates Islamic legal analogy: While the Quran explicitly prohibits intoxicants, Qiyas extends this to all substances sharing the intoxicating effect (illah), demonstrating how Islamic jurisprudence addresses novel cases.

Controversies and Acceptance of Qiyas
Though most Sunni schools incorporate Qiyas as a source of law, some literalist scholars like Zahiri reject it, advocating strict textual interpretation. However, mainstream Islamic legal theory recognizes Qiyas as essential for:

• Addressing modern legal questions
• Maintaining Sharia’s relevance
• Bridging gaps in primary sources

Secondary Sources of Muslim Law

There are  important secondary sources of Muslim law as follows:

Customs (Urf) and Their Role in Muslim Law:

Custom as a source of Muslim law (urf) refers to long-established traditions that govern community conduct and acquire legal recognition. The Quran implicitly acknowledges custom as a source of Muslim law, stating: “Whatever people generally consider good is good in God’s eyes.” However, for a custom to be valid in Islamic jurisprudence, it must meet specific conditions: it should be reasonable, align with Sharia principles, be clearly defined, and not contradict public policy.

In India, custom as a source of Muslim law played a significant role before the Shariat Act of 1937. Courts often applied local customs to matters like inheritance and family disputes. However, conflicting regional practices created legal uncertainty, prompting the legislation to standardize Muslim personal law. Today, custom as a source of Muslim law remains subordinate to the Quran and Sunnah but is still recognized in areas where Islamic texts are silent.

While classical jurists didn’t formally categorize custom as a primary source of Muslim law, they accepted practices not explicitly rejected by the Prophet. Valid customs must be territorial (limited to specific regions) and temporal (bound to particular periods). Examples include marriage customs, dower (mahr) variations, and certain inheritance practices. This demonstrates how custom as a source of Muslim law has historically adapted to local contexts while maintaining Islamic legal principles.

Judicial Precedents and Fatwas in Muslim Law :

The judicial decisions of the courts. have greatly affected the ambit of Muslim law extending the-old principle to cover new cases. The decisions of the Supreme- Court and the High Courts continue in modern times to supplement and modify the Islamic law. These are the continuing source of Muslim law. ‘The judicial decisions recognise some customs which otherwise seemed to be opposed to the tenets of the Islamic law.

Legislation:

The Muslim law has been modified, altered or amplified considerably by various legislations. The-few following enactments may be submitted as examples of legislation

1. The Guardians and Wards Act, 1890.
2. The Mussalman Waaf Validating Act, 1913.
3. The Mussalmas Waqf Act, 1923,
4. The Child Marriage Restraint Act, 1929,
5. The Shariat Act, 1937.
6. The dissolution of Muslim Marriage Act, 1939.

Justice, equity and good conscience :

The justice, ‘equity and good conscience is considereda as the secondary source of Muslim law. Mahmassani has observed ‘Real justice and equity are the basis of the Shariah, because it is divine in origin and comprises ‘in its rules the fundamental principles of religion, morality and economic transactions. It was natural, therefore, that these rules ‘Should overlap and be influenced by one another. It was natural also that the sources, bases, sciences and studies of these rules ‘should be integrated in one whole. ‘‘imam Abu Hanifa considered astehsan (juristic equity) as a source of law. The other three ‘schools of Muslim law viz. Maliks, Shafeis and Hanbalis opposed ‘this innovation but ina course of time, the doctorine of public good ‘istidlal’?’ was founded by Imam Malik. The Shafeis also ‘followed the method of ‘istidlal’ which was a distinct method of juristic ratiocination which was similar to juristic equity. The ‘development of law by Istehsan, maslahat and istidlal represents the period of juristic equity in the Muslim law. We will discuss the three one by one:

Istehsan (Preference). ‘The literary meaning of Istehsan ‘is preference. Qyas has been accepted as a definite source of law, ‘but it could be set aside easily in the presence of stronger basis of Koran, Hadish or Ijmaa and the stronger basis will be accepted through the juristic preference or Istihsan. ‘The setting aside of analogy in the presence of a stronger source is called Istihsan or ‘preference. ‘This can be illustrated by an example. The sale of a thing which is not in existence at the signing of the contract is not valid. Under the Hanafi school, the contract of hire of things which are not in existence at the time of contract will be void. But the contract of hire of such things was sanctioned by the Koran, the Sunnah and the Ijmaa. The bases are more substantial and, therefore, analogy was set aside and transactions of hire were considered permissible through preference. Abdur Rahim savs ‘In fact, if we call analogical deductions the common law of the ‘Muhammedans, then Istihsan may be relatively styled their equity.’ The supporters of Abu Hanifa did not accept the use of A Istihsan.

Istidlal. This doctrine of public good was founded by Imam Malik. This doctrine is an effort to reach at some rule acting on certain basis. ‘This is source of law derived from reason and logic. For example, sale is contract and consent is necessary for every contract. Therefore, it is necessary that consent should be the basis of sale. This doctrine has been accepted by Malikis and Shafis, while Hanafis accept it as only a special mode of interpretation.

Istishab. Istishab literally means permanency. It is ysed to denote the things whose existence or non-existence should be presumed to have remained as such for lack of establishing any change.

The justice, equity and good conscience is the most important. source of Muslim law. Ameer Ali while observing the importance-of justice, equity and good conscience has observed that ‘when the-great expounders of Musalman law have enunciated divergent doctrines or expressed different opinions, the judge administering: Musalman law is to adopt the one most conformable to equity and the requirements of the times. Sir Tayabji has observed “‘When Musalman jurists of authority have expressed dissentient opinions. on the same question the Islamic courts presided over by Kazis have authority to adopt that view which in the opinion of the presiding officer is most in accordance wiih justice in the particular circumstances.”

In Haji Mohammed Vs. Abdul Ghafoor AIR 1955 Alld. 688,. it has been held that where no clear authority is available on a. point or where the authorities available are of a conflicting nature, itis Open to jurists even according to a school of Muslim law to. resort to principles of equity for the purpose of deciding a particular question at issue between them.

Evolution and Interpretation of Muslim Law Sources

Islamic jurisprudence began developing after Prophet Muhammad’s death in 632 CE. During his lifetime, his divinely inspired rulings served as absolute law, with the Quran and his Sunnah forming the foundation. Following his passing, the rapid expansion of the Muslim empire necessitated a more structured legal system. The Quran was compiled from oral traditions and scattered fragments, while the Sunnah (Prophet’s practices) and ijtihad (independent reasoning) became secondary sources, creating a comprehensive framework covering civil, criminal, and social matters.

The Four Pillars of Islamic Law: Quran, Sunnah, Ijma, and Qiyas

Early Muslim jurists established a hierarchical legal methodology. The Quran remained the primary source, followed by the Sunnah, scholarly consensus (ijma), and analogical reasoning (qiyas). This system allowed flexibility in addressing new legal challenges while maintaining religious authenticity. As Islam expanded into Byzantine territories, Roman legal concepts subtly influenced Islamic jurisprudence, particularly in administration and commerce, though the Quran and Sunnah remained supreme.

Roman Law’s Influence on Early Islamic Jurisprudence

The Abbasid era (750–1258 CE) saw Baghdad emerge as a center of learning, where Muslim scholars engaged with Roman legal traditions. While some parallels between Roman and Islamic law suggest possible adaptation, scholars debate whether these similarities reflect direct borrowing or independent development. Regardless, Islamic jurisprudence maintained its unique theological foundation, blending divine revelation with practical governance to create a lasting legal legacy.