Composition/Sources of Muslim law

The composition of Muslim law was not easy for The Prophet Mohammad (SM.), the Messenger of Allah and also for his followers. It did not established over night. It took a lot of time as well as acid test, from The Prophet Mohammad (SM.) and his followers, be established as a code of life. Though there was unbearable situations during the establishment of Islam, The Prophet Mohammad (SM.) and his followers successfully established Islam for the welfare of human being over thousand of restrictions. There are four elements on which Muslim law stand. These are ;

1. Quran ;

2. Sunnah/Hadith ;

3. Ijmah ; &

4. Kiyas ;

1. Quran :

Quran is the written record/documents of Allah’s message/saying to The Prophet Mohammad (SM.) through Gibrail (Al.) . Al- Quran is the main source of Islamic law. Al-Quran is compose of 114 suras from which 86 suras are Makkhi and rest of 28 suras are Madani, also 6666 verses of which are divided into 30 equal para (parts).

There has not been any change in the Quran even of a single vowel. In this respect The Quran declared that, “Verily, I(Allah) myself have sent down this exhortation and most surely I shall be its guardian”

In the sense of law, out of 6666 verses, only 500 verses are related to the matters of laws, both secular and ecclesiastical and sura An Nisha is the most useful in matters of law which is related to property distribution, rights, marriage etc.

2. Sunnah/Hadith :

Sunnah is the second source of Islamic law. The principles which were stated in the Quran found their application in the hands of prophet (SM.), these are called hadis.

Some of the Islamic jurists classified hadith into the following three heads;

I. Hadith Mutwatir :- those who belonging to the categories of companions, successors, successors of successors and are narrated by an indefinite number of men but have received universal acceptance.

II. Hadith Mashhor :- these are reported by a limited number of companions in the first instance and thereafter fulfilling the conditions of a continuous Hadith.

III. Hadith Ahad :- these rest upon the testimony of the narrators who are few in number, not fulfilling the conditions of the above two classes.

In respect of Hadith, the Quran says, “Whatever the prophet gives accept it, and whatever he forbids you abstain from it”. It is also says, “ he does not speak out of his desire”.

There are six authentic books on Hadith. These are as follows;

a. Sahi Bukhari (194 - 256)

b. Sahi Muslim (204 - 291)

c. Sahi Jamiya Tirmiji (209 - 279)

d. Sahi Abu Daud (204 - 275)

e. Sahi Sunan Nasae ( 215 - 306)

f. Sahi Sunan Idn Maja (209 - 273)

3. Ijmah :

Ijmah is the third source of Islamic law. Ijmah is applied in such cases where it has not covered with first two sources. Ijmah has defined as the aggrement of the Muslim jurists in any particular matters.

Ijmah has been classified into three categories;

a. Ijmah of the companions of Prophet,

b. Ijmah of the jurists, &

c. Ijmah of the people.

Hadith has declared some quotes in favour of Ijmah;

a. Obey Allah and obey the prophet and those among you who have authority,

b. My followers will never agree upon what is wrong,

c. Whoever separates himself from the main body will go to hell,

d. Whatever the Muslims hold to be good is good in the eye of Allah,

e. Allah does not allow the people to go astray after he has shown the right path.

4. Kiyas :

Kiyas is the last source of Islamic law. Kiyas is applied in such cases where first three sources of Islam fail to solve the matters. Kiyas has defined as the opinion/decision/conscience of one’s own.

When Mouadh was appointed as Chief Justice of Yemen, the Prophet questioned him to know how he would conduct himself and he replied as follows;

Prophet: On what shalt thou base thy?

Mouadh: On the Quran.

Prophet: If the Quran does not give guidance to the purpose ?

Mouadh: Then upon the usages of the Prophet.

Prophet: But if that also fails ?

Mouadh: then I shall follow my own reason.

The Prophet fully approved of the replies of Mouadh and praised Allah his servant was on the right path.

Written With The Help Of Refference Book:
1. Mulla’s Principles Of MAHOMEDAN LAW (19^th Edition)

Written By: M. Hidayatullah & Arshad Hidayatullah (India).

2. Text Book Of MOHAMMEDAN LAW (23^rd Edition)

Written By: Aqil Ahamad (India).