Islam is the complete code of life. It gives guidance in all walk of life. Under Islamic law the term law includes the moral law and legal enactments. According to Islam ultimate source of any authority is God alone.
Sources of Islamic law
Quran is the first and primary source of law. Quran is not a legal code in the modern sense. The legislative part of Quran is the model illustration for future legislation and does not constituted a legal code by itself.
As primary source of law Quran has vital importance. It lays down a way of life which regulates the relationship of man with man and his relationship with God. The law of inheritance, marriage, divorce, theft, adultery and provisions of war and peace are meant for regulating the ties of man with the fellow beings.
Second source of Islamic law is Sunnah. The Sunnah is closely linked with the Quran. It comprises of:
All words counsels of the Prophet (S.A.W.W)
Actions, words and daily practices of the hold prophet (S.A.W.W).
Silence implying a tacit approbation his part of any individual act committed by the disciplines.
Sunnah has great importance after the Quran. It describes the functions of the Holy Prophet (S.A.W.W) namely, announcing of the revelation before people, giving then guidance.
Imja is an important source of law. It is the agreement of the Jurists among the followers of Muhammad (S.A.W.W) in a particular age on a particular question.
Basis of Ijma
Ijma may be based on
Kinds of Ijma
Ijma as a source of law has great importance. It helps in interpretation of laws according to the changing needs of times and new legislation can be made through its procees.
Qiyas is an extension of law from the original text to which the process is applied to a particular case by means of common Illat or effective cause, which cannot be ascertained merely by interpretation of the language of the text.
The function of Qiyas is to extend the law of the text to cases not falling within the purview of its terms and not to establish a new rule of law.
5. Opinions of Muslim Jurists
Opinions of Muslim jurists are also secondary source of Islamic law.
6. Nature of laws lays down
The Holly Quran is a code of conduct laying down the fundamental principles and not the detailed provisions so in case of ambiguity reference should be made to the sunnah.
Nask is also secondary source of Islamic laws. It is tent of Quran and tradition which have either been totally abrogated or there application limited or modified by the subsequent text.
8. Muslalah Mursala
Muslalah Mursala means when nothing becomes clear in law after giving reasons then the course which is to be adopted according to Islamic spirit for instance. Taxation for the defence …