Akbar Ali 923236225055 (2013)
E.mail akbarali826@yahoo.com
TOPIC # 2: HISTORY, IMPORTANCE & COMPILATION OF HOLY QUR’AN
Sources of Law
1.Quran
2.Hadith
3.Ijma
4.Qiyas
IJMA:
- In islamic jurisprudence, ijma means the consensus of opinion of Muslim jurists at a particular
time and of a particular generation.
- Quran says
"...consult them in affairs of moment..."
"Who conduct their affairs by mutual consultation?"
"Obey Allah and obey the messenger and those charged with authority amongst you"
- Prophet PBUH said,
"Gather together the righteous from among my community and decide the matter by their council
and do not decide it by any man's opinion"
"my community will not agree unanimously on an error"
ijma is of three types:
1- ijma of the companions - binding and unchangeable.
2- ijma of the jurists.
3- ijma of the people.
Examples from the prophet's life:
- During the battle of Uhad, the Prophet PBUH consulted his companions and compiled with the
opinion of the majority and fought the battle out of the city though he was personally against it.
During the battle of trench, he had the trench dug around the city of madinah on the suggestion of
salman farsi.
Examples of law drived from the ijma:
1- Compilation of Quran→after ijma.
2- Aza'an could not be heard due to the noise in the markets. After the ijma of the companions it
was decided that a second Aza'an should be called out→Hazrat Usman R.A.
3- The Holy Prophet PBUH performed tarawih only three or four times in congregation in his
lifetime. In the reign of Hazrat Umar R.A, the system of congregation of traw eeh was added after
the isha prayer.
Argument against ijma:
1- Since the mujtahdeen living in a given period cannot be numbered, it is impossible to ascertain
the existence of ijma. Some of them might even have spoken against their inner desires.
2- the famous hadis concerning Muaz-bin-Jabal does not mention Ijma as an evidence and it
would certainly have referred it were such.
QIYAS
- Qiyas is an analogical deduction of the other three sources of law. It is the use of human
reasoning to compare the existing situation with one for which legislation already exists.
For instance in 59-2 the Quran asks us to utilize our insight in order to learn lessons.
Quran says:
"Then take admonition O you with insight" or
"Take warning then, O you with eyes (to see)"
- The prophet PBUH said,
"Judge upon the book of Allah if you do not find in it what you need, upon the sunnah of the
prophet and if you don’t find in that also, then use your personal opinion" 03226133911
In a famous dialogue with Muaz-bin-Jabal the Holy Prophet PBUH approved of using one's
personal opinion in case the Quran or the sunnah do not give clear guidance.
Examples of law derived from Qiyas:
1- The quran declares the use of wine to be haram because it is an intoxicant. However drugs
cocaine and opium were not known at that time no mention has been made of them . However, the
Holy Prophet PBUH said " every intoxicant is khamr so every intoxicant is haram". Since these
drugs are highly intoxicating they are declared to be haram.
2- The Holy Quran asks us to give zakat. The Holy Prophet PBUH explained that one goat must
be given as zakat on every forty goats. Giving a goat to a poor man would be of no use to him so
after qiyas it is permissible to sell the goat and give the cash to the poor man
3- The Quran forbids sales transactions after the call for friday prayers. By analogy all kinds of
transactions have been forbidden since they, like sales, distract muslims from prayers.
Wuzu is not valid even if the smallest portion of our body which has to be washed, remains dry.
According to a tradition reported by Hazrat Ayesha, if the flour dries on nails, wuzu would not be
considered to have taken place, since that portion of the nails remain dry. Applying this in case of
nail polish, wuzu would not take place as the nails remain dry.
Argument against Qiyas:
1- It is argued that to consider Qiyas as additional evidence would be to consider the Quran
insufficient. Since the Quran says,
"....nothing have we omitted from the book...."
2- Involves for much of our personal opinion.
3- The revealed text does not mention the causes and consequences for the "effective cause" so
one does not know what to use as a basis for Qiyas. Moreover, God is not worshipped on the
dictate of reason.
4- Can create conflicts among the Muslim Ummah and result in the creation of sects.
