QURAN
IJMA
Unanimous agreement
Imam Shafi’i – Mujtahidun and laymen
Imam Malik – companions of the Prophet
Imam Abu Hanifa – Mujtahidun only
QIYAS
ISTIHSAN
ISTISLAH
ROBINSON
An introduction to Islam and Islamic law
No systematic law code in the Holy Quran
Quran does not give complete detail to detail guidance to Muslims on how to
fulfill their obligations – methods of praying and punishment
The Quran’s silence wasn’t a problem when the Prophet was alive but after
his demise it did give birth to multiple problems
Even the first 4 caliphs faced much criticisms and problems in their
interpretations of the Quran
In the Umayyad period – provincial governors appointed qadis to overlook
day-to-day judicial affairs – in charge of daily administration of justice
Qadis – pious Muslims – stuck with the Quran and Hadith as far as they
could – did resort to their personal opinions in places where the Quran and
Sunnah were silent or not clear enough - many of their decisions became
part of Islamic law
This led to the emergence of different law schools in the Abbasid period
Sheikh Al-Mufid
Sheikh Al-Murtada
Shi’ite scholar
Championed the authority of traditions (Sunnah)
Those traditions that are contrary to reason can be rejected
Those traditions with only one narrator can also be rejected – Sheikh At-
Taifa believed that a hadith with only one narrator could be accepted
Hudud Punishments
HALLAQ
o For a text to be considered credible and authentic – it must be recurrent
o Recurrent – so many multiple transmissions must be present that it is
impossible for the transmitters to be joined together in a lie on such a large
scale
o 2 conditions for recurrence – must be conveyed from one generation to the
other + channels of transmission must be numerous + first class of
transmitters must have an understanding of what the Prophet said or did
o A text transmitted through fewer reports than are sufficient for “recurrent” is
referred to as “solitary”
o Abrogation – repeal, cancel out effects – one text repeals another
contradictory text that was revealed prior to it in time
Shar’i – Lawful
Consensus by the jurists and Muslim community - Ijma – is not based entirely on
reasoning – needs to be backed by evidence found in the Quran or Sunnah
Various types of Legal reasoning
Istihsan – inference starts from revealed texts but the conclusion reached is
different from the one reached via Qiyas
Istislah – reasoning that does not appear to be directly based on the texts
Protection of life
Mind
Religion
Property
Offspring
Gave Islam the opportunity to adapt and develop according to the different changes
faced by society
Madhab – a group of students, LEGISTs, judges, and jurists who had adopted the
doctrine of a particular leading jurist