Sources of Islamic Laws

(Legal thinking/ Sharia)

OUTLINE

There are four main sources

1. The Quran
2. The Hadith/Sunnah
3. Ijma (consensus of opinions)
4. Qiyas (analogy/comparison in between two situation)

There are four main sources of Islamic law. The first two, Quran and Hadith are known
as primary sources and the other two, Ijma and Qiyas are known as secondary sources.
Allah says, “O you who have believed, obey Allah and obey the messenger and those in
authority among you. And if you disagree over anything, refer it to Allah and the
messenger, if you should believe in Allah and the Last Day. That is the best (way) and
best in result”.

Rules to answer the questions about law making:

How are the sources of Islamic law used in law making (all, one or two
can be asked in one question)?[10]
Level marking
 Introduction of the Source,
 Rules to make laws,
 Rules for the one who makes laws,
 Quotation for approval,
 At least four/five examples of the laws. (each example in different para)

How is the Quran used in law making with Hadith/Sunnah

How are the Quran and Hadith/Sunnah used together in law making?
How are the Quran and Hadith/Sunnah used in law making?

Examples of laws of the Quran with Hadith:

 The law of heredity for the killer
 Detail of Riba
 Punishment of wine
 Distribution of Zakat
 Amount of theft to charge the punishment
Ijma (Consensus of Opinions) used in law making alone/ in the modern time
1. Enlargement of the Satanic Pillars at Mina due to the over crowdedness in-order
to save people from stampede.
2. Matrimonial alliance (nikah) on Skype or video call with the help of court or
scholars, if male and female cannot assemble at one place due to any valid
reason.
3. Moon sighting committee (with the help of science and scholars to maintain unity
and accuracy)
4. 2nd Azan of Friday Prayers (salat) in the time of Uthman (radi Allahu anho) due
to the increase in population.
5. Body (organ) transplant to save any human life but not for the sale and
business.
How is Ijma (Consensus of Opinions) used with the Quran in law making?
Examples of the laws of Ijma with the Quran
1. Share in the property for grandfather in the light of the verse of kin
regarding property.
2. No marriage with grand-daughters or grandmother in the light of the verse
of no marriage with the close relatives.
3. Banning of YouTube for some time in the light of verse of respect of the
Holy Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi
Wasallam”.
4. Those who do not believe in Muhammad “Rasool Allah Khatam-un-Nabiyyin
SallAllahu Alaihi Wasallam” as the last Prophet, were declared as non-
Muslims.
How is Ijma (Consensus of Opinions) used with hadith/ Sunnah in law making?
Examples of the laws of Ijma with Sunnah
 1. Abu Bakr (radi Allahu anho) as caliph as he was close to the Holy Prophet “Rasool
Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam”.
2. Tarawih in congregation as the Holy Prophet “Rasool Allah Khatam-un-Nabiyyin
SallAllahu Alaihi Wasallam” did once or twice.
3. Battle of Ohad as the Holy Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu
Alaihi Wasallam” went with majority to fight outside.
4. Those who do not believe in Muhammad “Rasool Allah Khatam-un-Nabiyyin
SallAllahu Alaihi Wasallam” as the last Prophet, were declared as non-Muslims
as the Holy Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi
Wasallam” said he was seal of the Prophets.
5. Moon sighting committee as the Holy Prophet “Rasool Allah Khatam-un-Nabiyyin
SallAllahu Alaihi Wasallam” said to see the moon to keep fast.
How is the Qiyas (Analogy) used with the Quran in law making?

Examples of the laws with Quran

 Cocaine compared with wine

 Dry ablution compared with ablution (wudu)
 Modern business compared with Friday time business
 Smoking compared with suicide
 Choice of marriage compared with verse of marriage
 No marriage with aunt and niece simultaneously.

How is the Qiyas (Analogy) used with Hadith/Sunnah in law making?

Examples of the laws of Qiyas with Hadith

 Cocaine and drugs compared with Khamr

 Vowed (promised) Hajj compared with loan
 Smoking compared with onion and garlic
 Business deal over a deal compared with offer of betrothal to a woman who is
already engaged
 Ruling for nail polish before the Prayers (salat).
 Guardian for a lunatic
 Detail

Sources of Islamic Laws

(Legal thinking/ Sharia)

There are four main sources

5. The Quran
6. The Hadith/Sunnah
7. Ijma (consensus of opinions)
8. Qiyas (analogy/comparison in between two situation)

There are four main sources of Islamic law. The first two, Quran and Hadith are known
as primary sources and the other two, Ijma and Qiyas are known as secondary sources.
Allah says, “O you who have believed, obey Allah and obey the messenger and those in
authority among you. And if you disagree over anything, refer it to Allah and the
messenger, if you should believe in Allah and the Last Day. That is the best (way) and
best in result”.

Rules to answer the questions about law making:

 Introduction of the Source,

 Rules to make laws,
 Rules for the one who makes laws,
 Quotation for approval,
 At least four/five examples of the laws. (each example in different para)
The Quran
How is the Quran used in law making? [10]

Outline of the answer

Level marking
 First para
 A few examples of Quran alone
 One with the Hadith
 One with Ijma
 One with Qiyas

Detail
Quran is the primary source of Islamic Law and the most authentic book. Allah (Subhanahu
wa-ta’ala) Himself orders to use the Quran as the book of law. He said, “It is a book,
there is no doubt in it, it is guidance for the pious.” It is necessary that in order
to make laws from Quran one should be expert of Quran, Hadith, Arabic language, Islamic
history and other modern sciences. It must be kept in mind that the law should be made
from the verse which clearly indicates any rule. The Quran covers every aspect of life;
social, economic, religious and political.
Regarding social aspect Allah (Subhanahu wa-ta’ala) said, “Help one another in
righteousness and piety but help not one another in sin and transgression.” Hence this
verse gives a law that we should not support a wrong cause rather advise our friends
for virtue. “And those who accuse free women then do not bring four witnesses, flog
them, (giving) eighty lashes, and do not admit evidence from them ever.” Al-Quran.
This verse clearly orders that every one of the false accusation must be lashed eighty
times (provided four just witnesses are not available simultaneously). For political
aspect of life Allah (Subhanahu wa-ta’ala) says, “And obey Allah (Subhanahu wa-ta’ala)
and His Messenger and the leaders appointed over you.” From this verse the law is made
that we should obey our leaders and the rules and regulations set by them as long as
they obey Allah (Subhanahu wa-ta’ala) and His Prophet “Rasool Allah Khatam-un-Nabiyyin
SallAllahu Alaihi Wasallam”. Similarly the Quran is used in law making for the economic
aspect of life too. The Quran says, “Give full measure when you measure.” From this
verse, we understand that cheating and stealing are Haram in Islam.
The Quran is not only used alone in law making but it also provides basis to Hadith,
Ijma and Qiyas to address the modern issues. Sometimes the Quran gives a basic rule
for any order but does not give any clear methodology, then Hadith is referred, to
make a law e.g. regarding the law of heredity, the Quran just prescribed the heredity
for children saying, “Allah commands you as regards your children's (inheritance); to
the male, a portion equal to that of two females;…” But the Messenger of Allah “Rasool
Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” restricted to heir of the victim,
he said, “The killer shall not inherit.” If he was to inherit, killing would become
widespread and thus lead to universal chaos therefore, the Holy Prophet “Rasool Allah
Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” gave this verdict.
The Quran is not only used in law making with Hadith but it also provides basis to
Ijma, when Hadith is not available, as the part in one’s property for the grandfather
is not mentioned in Quran, nor in Hadith but scholars through Ijma gave share in the
property to grandfather when no other relative is alive. They made this Ijma in the
light of this verse from the Quran: “It is prescribed that when death approaches any
of you, and if he leaves some goods, he should make a bequest to the nearest of kins.”
Scholars added grandfather in the heredity of grandson keeping the words, “the nearest
of kins” in their minds.
The Quran is not only used in law making with Hadith and Ijma but it also provides
roots to the use of Qiyas, as nowadays use of cocaine and other drugs is a new issue,
they Quran, Hadith and Ijma do not address them. So the scholars compared it with a
verse of the Holy Quran which says, “O, you who believe, intoxicants, and gambling,
and the altars of idols, and the games of chance are abominations of the devil; you
shall avoid them that you may succeed.” From this verse, the problem is resolved as
the scholar compared wine with cocaine. As both of them intoxicate therefore, cocaine
is also haram as wine is haram.

How is the Quran used in law making with Hadith/Sunnah?[10]

How are the Quran and Hadith/Sunnah used together in law making?[10]

Examples of laws with Hadith:

Level marking
 First para
 The law of heredity for the killer
 Detail of Riba
 Punishment of wine
 Distribution of Zakat
  Amount of theft to charge the punishment

Detail

The Quran is the primary source of Islamic Law and the most authentic book. Allah
(Subhanahu wa-ta’ala) Himself orders to use the Quran as the book of law. He said, “It
is a book, there is no doubt in it, it is guidance for the pious.” It is necessary
that in order to make laws from Quran one should be expert of Quran, Hadith, Arabic
language, Islamic history and other modern sciences. Though the Quran gives laws for
every issue but when we are unable to find any clear law from its verses then Hadith
is referred for the explanation to make laws.
The Quran is used with the Hadith in law making in many cases for example regarding
the law of heredity for the killer, the Quran just prescribed the heredity for children
saying, “Allah commands you as regards your children's (inheritance); to the male, a
portion equal to that of two females;…” But the Messenger of Allah “Rasool Allah
Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” restricted to heir of the victim, he
said, “The killer shall not inherit.” If he was to inherit, killing would become
widespread and thus lead to universal chaos therefore, the Holy Prophet “Rasool Allah
Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” gave this verdict.
Allah (Subhanahu wa-ta’ala) just forbids the use of Riba, but does not mention the
detail of its area in the Quran. He says, “O you who believe! Be afraid of Allah and
give up what remains (due to you) from Riba (usury) (from now onwards), if you are
(really) believers.” So in order to make a detailed law Hadith is referred. The Holy
Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” said, “Gold in
exchange for gold, silver in exchange for silver, wheat in exchange for wheat, barley
in exchange for barley, dates in exchange for dates, salt in exchange for salt must be
in the same category and (should be exchanged) hand to hand, so whoever adds or demands
increase, he has practised usury. The giver and taker are the same.”
The Holy Quran regards wine as haram but it did not set any punishment for the one who
drinks it. Allah (Subhanahu wa-ta’ala) said, “O, you who believe, intoxicants, and
gambling, and the altars of idols, and the games of chance are abominations of the
devil; you shall avoid them that you may succeed.” So in order to make a detailed law
Hadith is referred. Anas bin Malik reported that a person who had drunk wine was
brought to Allah's Apostle “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi
Wasallam”. He gave him forty stripes with two lashes. Abu Bakr also did that, but when
Umar assumed the responsibilities of the Caliphate, he consulted people and Abd al-
Rahman said, “The mildest punishment (for drinking) is eighty (stripes) and Umar
prescribed this punishment.”
Quran says, “And offer Prayers (salat) and pay Poor Due (zakat).” This verse and even
the whole Quran does not tell how much Zakaat is to be paid, so to make law for Zakaat,
Sunnah of the Holy Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam”
must also be consulted which tells that if anyone has 7.5 tola gold or more, then he
will pay Zakaat at the ratio of 2.5 percent annually. The Hadith gives detail of the
rate of Zakaat for silver, cattle, crops and animals too.
Regarding theft Allah (Subhanahu wa-ta’ala) says, “and (as for) the male thief and the
female thief, cut off (from the wrist joint) their (right) hands as a recompense for
that which they committed, a punishment by way of example from Allah. And Allah is All
Powerful, All Wise.” Theft is haram according to the Quran and the punishment for it,
is to cut off the hand of thief but what to steal and how much is not mentioned in the
Quran, therefore, for further detail we need to refer to Hadith. The Holy Prophet
“Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” said, “The hand should be
cut off for (the theft of) a quarter of a dinar or more.”

Expected questions

1) Briefly describe the four main sources of legal thinking in Islam.

2) Give one example in each to show how the third and fourth of these legal sources
are used.

3) How are the Quran and Hadith employed in working out the Islamic Law?

4) How are the Quran and other sources employed in working out the Islamic Law?

5) How are the Quran and Ijma employed in working out the Islamic Law?

6) How has the Quran been used as a source of guidance by the Muslims?

7) How do the Muslims use Holy Quran in their daily living?

8) How is the Quran used with Qiyas in law making?

Hadith

How is the Hadith/Sunnah used in law making? [10]

Outline of the answer

Level marking

 first para

 A few examples of hadith alone

 One with the Quran
 One with Ijma
 One with Qiyas

Detail

Hadith is the second primary source of Islamic law and the most authentic source of
guidance after the Quran. Allah (Subhanahu wa-ta’ala) Himself ordered to obey the Holy
Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” and said, “and
whatever the Messenger gives you, take it, and whatever he forbids you, leave it. And
fear Allah: truly Allah is severe in punishment.” A common person cannot make laws
from Hadith. To do so, he should be a well versed scholar of religious and other modern
sciences. The law which is derived from Hadith should not be against the teachings of
the Quran and against Muslim Ummah or humanity.
Hadith is used in law making when the Quran is either unclear on any particular issue
or it is totally silent; such as regarding the manners, social norms, punishment for
wine drinking and a married person who commits ill relation. Hadith is used in law
making in every aspect of life for example regarding the method of Prayers (salat),
Fasting (Sawm), Zakaat, Hajj etc. Ahadith provide laws for religious aspect of life.
The Holy Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” said,
“Allah would forgive all sins except shirk.” It gives laws for social life as well.
The Holy Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” said,
“Paradise lies under the feet of mothers.” He further said, “One who has two or more
daughters, brings them up properly, educates them, gets them married will be closer to
me on the Day of Judgement.” The Holy Prophet “Rasool Allah Khatam-un-Nabiyyin
SallAllahu Alaihi Wasallam” said, “One who hurts a Dimmi (a non Muslim living in a
Muslim country), on the Day of Judgement I will advocate against him.” Hadith also
gives laws for economic aspects of life as the Holy Prophet “Rasool Allah Khatam-un-
Nabiyyin SallAllahu Alaihi Wasallam” said, “One who cheats is not amongst us.” He
“Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” further said, “Allah
curses the one who hoards to raise the price.” Hadith gives laws for political life
too. The Holy Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam”
said, “Obey the leader even if a Negro slave has been appointed over you.”
Hadith is used to explain any unclear Quranic verse to make laws such as, regarding
the law of heredity, the Quran prescribed the heredity for children saying, “Allah
commands you as regards your children's (inheritance); to the male, a portion equal to
that of two females;…” But the Messenger of Allah “Rasool Allah Khatam-un-Nabiyyin
SallAllahu Alaihi Wasallam” restricted to heir of the victim, he said, “The killer
shall not inherit.” If he was to inherit, killing would become widespread and thus
lead to universal chaos therefore, the Holy Prophet “Rasool Allah Khatam-un-Nabiyyin
SallAllahu Alaihi Wasallam” gave this verdict.
Sometimes Hadith can be used as a base for Ijma in law making, when the primary sources
do not give any clear law, e.g. Sahaba made Abu Bakr (radi Allahu anho) the first
Caliph through Ijma. This decision of theirs can be endorsed by the Sunnah of the Holy
Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam”, as he himself
used to give great respect to Abu Bakr (radi Allahu anho). He was made an Imam of the
Prayers (salat) during the sickness of the Holy Prophet “Rasool Allah Khatam-un-
Nabiyyin SallAllahu Alaihi Wasallam”. He was also made Ameer-e-Hajj by the Holy Prophet
“Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam”. Therefore, Sahaba also
made him their leader.
Hadith becomes base for Qiyas also in law making, when other three sources do not give
any clear law, e.g. cocaine and other intoxicating drugs are among the latest issues,
the Quran, Hadith and Ijma do not address them. Hence a scholar compared cocaine with
a Hadith in which the Holy Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi
Wasallam” said, “Every intoxicant is khamr and every intoxicant is haram.” Therefore,
the use of cocaine and other intoxicating drugs, is haram as they also intoxicate like
wine.

How is the Hadith/Sunnah used with the Quran in law making? [10]
How are the Hadith/Sunnah and the Quran used together in law making?
How are the Hadith/Sunnah and the Quran used in law making?

Examples of laws with the Quran:

Level marking

 First para

 The law of heredity

 Detail of Riba
 Punishment of wine
 Distribution of Zakat
 Amount of theft to charge the punishment

Detail

Hadith is the second primary source of Islamic law. It is the most authentic source of
guidance after the Quran. Allah (Subhanahu wa-ta’ala) Himself ordered to obey the Holy
Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” and said, “and
whatever the Messenger gives you, take it, and whatever he forbids you, leave it…..”
Though the Quran gives laws for every issue but when we are unable to find any clear
law from its verses then we refer to Hadith for the explanation to make laws. A common
person cannot make laws from Hadith but he should be a well versed scholar of religious
and other modern sciences. When any verse is unclear then Hadith is taken as the
explanation of Quran to make law.
The Hadith is used with the Quran in law making in many cases for example regarding
the law of heredity, the Quran prescribed the heredity for children saying, “Allah
commands you as regards your children's (inheritance); to the male, a portion equal to
that of two females;…” But the Messenger of Allah “Rasool Allah Khatam-un-Nabiyyin
SallAllahu Alaihi Wasallam” restricted to heir of the victim, he said, “The killer
shall not inherit.” If he was to inherit, killing would become widespread and thus
lead to universal chaos therefore, the Holy Prophet “Rasool Allah Khatam-un-Nabiyyin
SallAllahu Alaihi Wasallam” gave this verdict.
Allah (Subhanahu wa-ta’ala) just forbids the use of Riba, but does not mention the
detail of its area in the Quran. He says, “O you who believe! Be afraid of Allah and
give up what remains (due to you) from Riba (usury) (from now onwards), if you are
(really) believers.” So in order to make a detailed law Hadith is referred. The Holy
Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” said, “Gold in
exchange for gold, silver in exchange for silver, wheat in exchange for wheat, barley
in exchange for barley, dates in exchange for dates, salt in exchange for salt must be
in the same category and (should be exchanged) hand to hand, so whoever adds or demands
increase, he has practised usury. The giver and taker are the same.”
The Holy Quran regards wine as haram but it did not set any punishment for the one who
drinks it. Allah (Subhanahu wa-ta’ala) said, “O, you who believe, intoxicants, and
gambling, and the altars of idols, and the games of chance are abominations of the
devil; you shall avoid them that you may succeed.” So in order to make a detailed law
Hadith is referred. Anas bin Malik reported that a person who had drunk wine was
brought to Allah's Apostle “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi
Wasallam”. He gave him forty stripes with two lashes. Abu Bakr also did that, but when
Umar assumed the responsibilities of the Caliphate, he consulted people and Abd al-
Rahman said, “The mildest punishment (for drinking) is eighty (stripes) and Umar
prescribed this punishment.”
Quran says, “and offer Prayers (salat) and pay Poor Due (zakat).” This verse and even
the whole Quran does not tell how much Zakaat is to be paid, so to make law for Zakaat,
Sunnah of the Holy Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam”
must also be consulted which tells that if anyone has 7.5 tola gold or more, then he
will pay Zakaat at the ratio of 2.5 percent annually. The Hadith gives detail of the
rate of Zakaat for silver, cattle, crops and animals too.
Regarding theft Allah (Subhanahu wa-ta’ala) says, “and (as for) the male thief and the
female thief, cut off (from the wrist joint) their (right) hands as a recompense for
that which they committed, a punishment by way of example from Allah. And Allah is All
Powerful, All Wise.” Theft is haram according to the Quran and the punishment for it,
is to cut off the hand of thief but what to steal and how much is not mentioned in the
Quran, therefore, for further detail we need to refer to Hadith. The Holy Prophet
“Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” said, “The hand should be
cut off for (the theft of) a quarter of a dinar or more.” Hadith also explains the
meaning of a verse e.g. in the case of theft the command is to cut off their hands.
How much of the hand is to be cut off? Which hand is to be cut off? The Holy Prophet
“Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” educated the companions
on both issues by stating that in the case of theft the right hand up to the wrist is
to be cut off.

Expected questions

1) What is the role of hadith as a source of guidance in the lives of Muslims?

2) How are Ahadith/Sunnah and other sources employed in working out the Islamic
Laws?

3) Explain how Muslims may know whether or not a Hadith may be trusted.
4) How are Ahadith and Ijma employed in working out the Islamic Laws?

5) How are Ahadith and Qiyas employed in working out the Islamic Laws?

6) Outline the main teachings of the Hadith you have studied, about the importance
of Muslims’ communal life.

7) What part do Ahadith play in Islamic legal thinking?

8) Outline the main teachings of the Hadith you have studied, about the importance
of a Muslim’s individual life.

9) What are the advantages of having different categories of Ahadith.

10) How are Ahadith and the Quran employed in working out Islamic laws?

11) How have the Ahadith of the Holy Prophet “Rasool Allah Khatam-un-Nabiyyin
SallAllahu Alaihi Wasallam” been used as a source of guidance by the Muslims?

12) Write about the ways in which the two primary sources of Islamic legal thinking
are used.

13) What are the different types of Ahadith? How is each Hadith classified into the
different types?

14) Giving one example, explain how the Sunnah is important in a Muslim’s life
today.

15) Explain how the Ahadith are used in working out the details of Islamic law.

16) Why are Ahadith valued so much by the Muslims?

17) Briefly describe the four main sources of legal thinking in Islam.

18) What is Shariah?

19) Use four examples to show how the Shariah is used in Muslim community.

20) The Ahadith are essential for the full understanding of Islam. Do you agree?

21) How and why is Shariah important to the Muslims way of life today?

22) Using two examples in each case, show how much the sources of law have value
today.

23) If a Muslim followed the example of the Holy Prophet “Rasool Allah Khatam-un-
Nabiyyin SallAllahu Alaihi Wasallam” there would be no place for the secondary
sources of Islamic laws. Do you agree?

24) Outline the main teachings of the Ahadith you have studied, from the passages
set for special study, about the responsibilities of the individual living of a
Muslim.

25) Outline the main teachings of the Ahadith you have studied, from the passages
set for special study, about the responsibilities of the communal living of the
Muslims.

26) Why do Muslims need to know about the Holy Prophet’s Ahadith and what benefit
do they hope to get by following his sunnah?

27) Write about the relationship between the Hadith and the Qur’an and say what the
difference is between Hadith Qudsi and Hadith Nabawi.

28) In your opinion, can Islam be practised without the Hadith?

29) How does following the example of the Holy Prophet in one’s behaviour towards
others affect the community?

30) Give examples to show how the religious laws of Islam:

a) Govern the day to day living of an individual Muslim.
b) Guide the life of a Muslim nation.
Ijma (Consensus of Opinions)

Kinds of Ijma according to its categories.

1. Ijma of Sahaba.
2. Ijma of Mujtahideen (scholars and jurists) of the time after Sahaba till the
day of judgement.
3. Ijma of public on any belief.

Qualifications of Mujtahids (law maker)

 Sound knowledge of Quran, Sunnah, Ijma, Qiyas, of Maqasid-al-Shariah, of Islamic

Jurisprudence, must be trustworthy, must be an adult, should be a Muslim, should
be able to interpret Quran and Sunnah, must have knowledge of Arabic language,
should be able to differentiate between false and authentic Hadith, should be
wise and pious person, should have enough and relevant knowledge of the modern
sciences and discoveries.
 There is a difference of opinion amongst legal experts about who makes up this
second group of Muslims. According to some it is agreement amongst the residents
of Madinah, others think it is the Prophet’s “Rasool Allah Khatam-un-Nabiyyin
SallAllahu Alaihi Wasallam” Companions whose ijma’ is valid as they were the
most knowledgeable in matters of Islamic law. Yet others believe it should be
the Rightly Guided Caliphs. According to Shi’a Muslims ijma’ of jurists of the
same period as the Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi
Wasallam” or the Shi’a Imams is binding, another opinion is that ijma’ should be
done by jurists who are experts on legal matters whilst yet another view is that
the agreement of the Muslim community at large constitutes ijma’.

A few examples of Ijma in the time of the Holy Prophet “Rasool Allah Khatam-un-

Nabiyyin SallAllahu Alaihi Wasallam”.

Pairing and brotherhood between the Ansar of Madinah and the Muhajiroon of Makkah is
one of the best example of Ijma of Muslims, in which the Ansars agreed to own the
Muhajiroon and share their assets with them and the Muhajiroon did not become ungrateful
to the favours.
Battle of Ohad is the example of Ijma in the time of the Holy Prophet “Rasool Allah
Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam”. When he asked for the opinion how to
fight the enemy, the majority of Muslims was willing to fight outside the city, he
also went with them despite he wanted to defend the city while staying inside Madinah.
Trench was dug around Madinah to defend the city from the enemy, with mutual agreement
and joint effort of hundreds of Muslim after the suggestion of Salman Farsi (radi
Allahu anho).
Donation and arrangement of the resources for Tabook Expedition is also the best
example of Ijma in the life of the Holy Prophet “Rasool Allah Khatam-un-Nabiyyin
SallAllahu Alaihi Wasallam”, where every one got ready for funding the means for the
army.

A few examples of Ijma in the time of the four rightly guided Caliphs of the Muslims.

Fighting against the false prophet, all the Muslims agreed to fight against the Musailma
and others who opposed the main belief of the Muslims that Muhammad “Rasool Allah
Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” is seal of the Holy Prophets
All the Muslims agreed on the compilation of the Qur’an during the caliphate of Abu
Bakr by Zaid bin Thabit (radi Allahu anho) and his committee.
The panel of scholars agreed on Tarawih in congregation in the time of Omer (radi
Allahu anho), to ensure its performance as most of the people started skipping this
Sunnah Prayers (salat).
The panel of scholars agreed over the burning of un-authentic Qur’anic copies,
circulation of the Qur’an in the time of Uthman (radi Allahu anho), when people started
quarreling over the dialect of the Qur’an.
The panel of scholars agreed on 2 Azan of Friday Prayers (salat); one in the market
and the other in masjid, in the time of Uthman (radi Allahu anho) due to the increase
in population and people complained that they did not know about the Azan of Friday
Prayers (salat).

Possibility of Ijma in Islamic legal in this modern time

Ijma is the consensus of the majority opinion of Muslim jurists it is thus binding on
Muslims and leaves no room for controversy. It is the best form of democratic system
of Islam as it respects all valid opinions. It unites the Muslims around the world as
the companions agreed on the caliphate of Abu Bakr. In ancient time conduction of Ijma
was harder as it was difficult to take all the scholars on board. Now it is easy to
perform Ijma as the scholars can be taken on board at one place through video calls,
on radio and television and they can come to the conclusion in a very short span of
time.

How is Ijma (Consensus of Opinions) used in law making alone?[10]

How is Ijma (Consensus of Opinions) used in law making in the modern time?[10]

 Enlargement of the Satanic Pillars at Mina due to the over crowdedness inorder
to save people from stampede.
 Matrimonial alliance (nikah) on Skype or video call with the help of court or
scholars, if male and female cannot assemble at one place due to any valid reason.
 Moon sighting committee (with the help of science and scholars to maintain unity
and accuracy)
 2nd Azan of Friday Prayers (salat) in the time of Uthman (radi Allahu anho) due
to the increase in population.
 Body (organ) transplant to save any human life but not for the sale and
business.
 Duration to wait for the missing husband
 Test tube baby( but it should be from legal husband and wife)

How is Ijma (Consensus of Opinions) used with the Quran in law making?[10]

Examples of the laws of Ijma with the Quran

Level marking

 First para

 Share in the property for grandfather in the light of the verse of kin regarding
property.
 No marriage with grand-daughters or grandmother in the light of the verse of no
marriage with the close relatives.
 Banning of YouTube for some time in the light of verse of respect of the Holy
Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam”.
  Those who do not believe in Muhammad “Rasool Allah Khatam-un-Nabiyyin SallAllahu
Alaihi Wasallam” as the last Prophet, were declared as non-Muslims.

Details

Ijma means a uniform opinion of scholars on any issue which is not clearly mentioned
in the Quran and Hadith, but it is important that the decision made by Ijma should not
be against the Quran and Islamic norms. Those who make it, they should have sound
knowledge of Islam and modern sciences. Allah (Subhanahu wa-ta’ala) Himself orders to
use Ijma. He says, “And obey Allah and His Messenger and the leaders appointed over
you.”
Ijma has two major types; one is of the Sahaba and the other is of the scholars of a
certain time. There are other kinds too such as Ijma of Jurists and Ijma of public but
the Ijma of public will be regarding the worldly matters, not of Islamic.
There are various examples in which Ijma was made in the light of the Quran. According
to the Quran and Hadith, there is no fixed share in the property for grandfather (as
by the time he is too old to inherit the property of grandson) but scholars through
Ijma gave him the share, when no other relative is alive. They made this Ijma in the
light of this verse, “It is prescribed that when death approaches any of you, and if
he leaves some goods, he should make a Bequest to the nearest of kins.” Scholars added
grandfather in the heredity of grandson keeping the words, “the nearest of kins” in
their minds.
Marriage between a man and any of his grand-daughters is forbidden through Ijma, though
it is not stated in the Quran and Hadith. But this decision of Ijma is based on this
verse of the Quran in which Allah (Subhanahu wa-ta’ala) says, “Prohibited to you are:
your mothers, daughters, sisters, father’s sisters, mother’s sisters, brother’s
daughters, sister’s daughters, foster mothers, foster sisters; your wives’ mothers,
your step-daughters under your guardianship, born of your wives.” According to this
verse a person cannot marry with his grand-daughter because she is as sacred as certain
other blood and close relations.
When some non Muslims showed blasphemous cartoons of the Holy Prophet “Rasool Allah
Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” on the Internet, the Muslim scholars
through Ijma decided to boycott their products, as the respect of Prophets is the basic
belief of Muslims. Allah (Subhanahu wa-ta’ala) says, “If you ask them (about this),
they declare: ‘We were only talking idly and joking.’ Say: ‘Was it at Allah, and His
Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.) and His Messenger
that you were mocking? Make no excuse; you disbelieved after you had believed.” This
verse clearly states that mocking Allah, His verses and His Messenger constitutes kufr,
so that applies even more to insulting. The verse also indicates that whoever belittles
the Messenger of Allah (Subhanahu wa-ta’ala) is also a kaafir, whether he was serious
or joking.
The government and scholars of Pakistan in particular and the Muslims all around the
world in general have declared those people as non Muslims who do not believe in
Muhammad “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” as the last
Prophet. This decision of Ijma can be certified in the light of Quran which states:
“Muhammad is not the father of any male among you, but he is the messenger of Allah
and the seal of the Prophets….”
“Whosoever saves a life, it would be as if he saved the life of all mankind.” In the
light of this verse of the Quran, some scholars allow donation of body parts to save
the life of human provided that it should not be for sale purpose.

How is Ijma (Consensus of Opinions) used with hadith/ Sunnah in law making? [10]

The use of Ijma (Consensus of Opinions) in law making

Examples of the laws of Ijma with Sunnah

Level marking

 First para
 Abu Bakr (radi Allahu anho) as caliph as he was close to the Holy Prophet “Rasool
Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam”.
 Tarawih in congregation as the Holy Prophet “Rasool Allah Khatam-un-Nabiyyin
SallAllahu Alaihi Wasallam” did once or twice.
 Battle of Ohad as the Holy Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu
Alaihi Wasallam” went with majority to fight outside.
 Those who do not believe in Muhammad “Rasool Allah Khatam-un-Nabiyyin
SallAllahu Alaihi Wasallam” as the last Prophet, were declared as non-Muslims
as the Holy Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi
Wasallam” said he was seal of the Prophets.
 Moon sighting committee as the Holy Prophet “Rasool Allah Khatam-un-Nabiyyin
SallAllahu Alaihi Wasallam” said to see the moon to keep fast.
Details

Ijma means a uniform opinion of scholars on any issue which is not clearly mentioned
in the Quran and Hadith, but it is important that the decision made by Ijma should not
be against Hadith and Islamic values. Regarding Islamic issues Ijma has two major types
one is of Sahaba and the other is of the scholars of a time. There are other kinds too
such as Ijma of Jurists and Ijma of public but the Ijma of public will be regarding
the worldly matters, not of Islamic. It is important that those who make Ijma should
have a sound knowledge of Islam and other modern sciences. The Holy Prophet “Rasool
Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” also approved Ijma by saying, “My
community does not agree on error.”
There are various examples of laws of Ijma from Hadith. Such as Sahaba made Abu Bakr
(radi Allahu anho) the first Caliph through Ijma. The Holy Prophet “Rasool Allah
Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” did not nominate anyone as his successor
in his lifetime. But after his demise, Ansar and Muhajerin were in utter confusion
that to whom to make the Caliph of Islam? Then finally with a mutual agreement they
decided Abu Bakr (radi Allaho) to be the Caliph. This decision of their Ijma can be
certified in the light of the Sunnah of the Holy Prophet “Rasool Allah Khatam-un-
Nabiyyin SallAllahu Alaihi Wasallam” who used to give great respect to Abu Bakr (radi
Allahu anho). He was made as Imam of the Prayers (salat) during the sickness of the
Holy Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam”. Abu Bakr
(radi Allahu anho) was made Ameer-e-Hajj too by the Holy Prophet “Rasool Allah Khatam-
un-Nabiyyin SallAllahu Alaihi Wasallam”. Therefore, Sahaba also made him their leader
keeping the examples of the Holy Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu
Alaihi Wasallam” in their minds.
In the early stage of Islam only compulsory Prayers (salat) were offered in congregation
but in the time of Umar (radi Allahu anho), through Ijma of the companions of the Holy
Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” Tarawih; a Sunnah
Prayer (salat) was made important to offer in congregation as people started to leave
it. This decision of Ijma regarding Tarawih Prayers (salat) is certified through the
Sunnah of the Holy Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam”
that once a companion offered Tarawih Prayers (salat) behind the Holy Prophet “Rasool
Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” and he did not forbid him, though
later on the Holy Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam”
did not offer Tarawih Prayers (salat) in congregation because it is Sunnah Prayers
(salat) not an obligatory.
For the Battle of Ohad against the Quraish of Makkah, the Holy Prophet “Rasool Allah
Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” had the opinion to fight inside the
city but majority of the soldiers wanted to fight outside, so the Holy Prophet also
agreed with the majority to go out of the city to fight which shows the Holy Prophet
“Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” approved consensus of
opinions of his followers.
The government and scholars of Pakistan in particular and the Muslims all around the
world in general have declared those people as non Muslims who do not believe in
Muhammad “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” as the last
Prophet. This decision of Ijma can be certified in the light of the Hadith which
states: “There will be no Prophet after me and no Ummah after you.”
Allah (Subhanahu wa-ta’ala) and the Holy Prophet “Rasool Allah Khatam-un-Nabiyyin
SallAllahu Alaihi Wasallam” did not order to make any committee to see the Moon, the
Holy Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” simply said,
“Whenever you sight the new moon (of the month of Ramadan) observe fast, and when you
sight it (the new moon of Shawwal) break it, and if the sky is cloudy for you, then
observe fast for thirty days.” But nowadays there is huge pollution in space, we cannot
trust in the naked eye therefore, the Muslims through Ijma made a committee to see the
Moon. This committee contains scholars, well known figures and astrologists.

Expected questions

1) ‘My community will never agree upon an error’. The Holy Prophet’s Hadith
encourages the use of consensus of opinion (ijma’). Outline: • what consensus
of opinion (ijma’) is, and how many kinds of ijma’ there are; • who is
qualified to practise it; • give examples of how the Holy Prophet and the
Rightly Guided Caliphs practised ijma’.

2) What is the importance of consensus (Ijma) in Islam?

3) How easy is it to use Ijma in Islamic legal thinking today?

4) How is the use of Ijma (consensus) important to Muslims today?

5) Give one example in each to show how the third and the fourth of these legal
sources are used.
 6) ‘My community will never agree upon an error’. In your opinion why is this
Hadith important for the practice of consensus (ijma)?

7) How useful is Ijma when dealing with modern issues?

Qiyas (Analogy)

Qiyas contains four elements (pillars):

1. Fer (New issue about which law has to be made).

2. Asl (Old/already existing teaching which works as a law)
3. Illa (Common effect between both the fer and asl).
4. Hukm (Order to be made).

Why do some people/scholars reject the use of Qiyas? [4]

Analogy primary sources are silent about a newly appeared issue. However, some scholars
reject its use on the following basis. There is detailed description of everything in
the Quran so there is no need to follow another source, as Allah (Subhanahu wa-ta’ala)
says, “...and We have sent down to you the Book the Quran) as an exposition of
everything...” Resolution of issues through Qiyas takes precedence over Allah and His
Messenger which is forbidden in the Quran as it says, “O you who believe! Do not put
(yourselves) forward before Allah and His Messenger...” Some Muslims distrust it
because it involves a lot of individual opinion that might have errors or doubts. The
Holy Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” said, “Leave
what makes you doubtful for what does not.” Some scholars preferred the alternative
Ijma as it is the decision of majority and has less chances of error as the Holy
Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” said, “My
community does not agree on error.” As Qiyas is a single minded opinion therefore, the
public does not agree on the same point for example, the scholars of Pakistan regard
smoking cigarette as a disliked act through Qiyas, while the scholars of Egypt regard
it as Haram.
Shia Muslims reject the use of Qiyas as their Imams support the use of Aql. They
believe that reason (aql) helps Muslims apply a teaching in new circumstances instead
of Qiyas. According to the Shia Islamic Jurisprudence, a Faqeeh is allowed to use
Quran, intellect, Hadith from Imam, action of Imam or silence of Imam when an action
is taking place in front of him, whereas using logic, aql, would have been to think,
my Lord, the All-Knowing has demanded something from me, I may not understand why but
surely he knows best, so I will do it. That is the difference between two.
Even a Sunni Imam, Imam Shafi'i, considered it a weak source, and tried to limit the
cases where jurists would need to resort to Qiyas. He criticized and rejected analogical
deductions that were not firmly rooted in the Quran and Sunnah, while Imam Hanbal have
traditionally been reluctant to accept analogy.
The scholars of Ahl-e-al-Sunnah are also in agreement that Qiyas cannot be applied to
certain matters. It cannot be used to answer essential questions of belief or to
investigate matters relating to Allah’s nature and attributes if it leads to comparing
Allah to His creation.

Describe the use of Aql by Shia school of thought [4]

Reasoning (use of Aql-Brains) is one of the four sources of jurisprudence. According

to the Shia Islamic Jurisprudence a Faqih is allowed to use Quran, intellect, Hadith
from a Masoum (Imam), action of a Masoum or silence of a Masoum when an action is
taking place in front of him, and intellect (aql). While Qiyas is based on comparing
one thing with another to decide on an action, whereas, Aql is to use logic and
reasoning to decide.
Using Aql in Fiqh means that Aql judges that if an action is good or evil. As Allah
(Subhanahu wa-ta’ala) commanded to veracity because it is originally good and
prohibited lie because it is originally evil. As an example the Aql says veracity is
good and lie is evil. There is a Hadith saying: anything is commanded by Islam is
commanded by Aql and anything commanded by Aql is commanded by Islam. Use of Aql can
be understood by the following example. If any Muslim is living in a non Muslim country
and he is presented with meat, now using Aql he should avoid it and prefer pulses and
vegetable as he is not sure that the meat which he is going to eat is slaughtered
legally or not.

How is the Qiyas (Analogy) used with the Quran in law making?[10]

Examples of the laws with Quran

Level marking

 First para
 Cocaine compared with wine
 Dry ablution compared with ablution (wudu)
 Modern business compared with Friday time business
 Smoking compared with suicide
 Choice of marriage compared with verse of marriage
 No marriage with aunt and niece simultaneously.

Details

Qiyas means to compare a new issue with already existing teaching, provided that both
the new and old issues should have the same effect. When the Quran doesn’t give any
clear law for the modern issue, and even Hadith and Ijma do not address it then Qiyas
seeks guidance from the Quran to make a law for the modern problem. The rule which is
made from Qiyas through the Quran shouldn’t be against the teachings of the Quran,
Hadith and Islamic principles. Quran itself orders to use Qiyas, Allah (Subhanahu wa-
ta’ala) says, “…..if you differ among yourself on anything then refer it to Allah and
the Prophet.” A common person cannot make laws through Qiyas, however the law maker
must have sound knowledge of Islam and other modern sciences.
There are four elements (pillars) of Qiyas and they should be properly linked with one
another:
 Fer (New issue about which law has to be made)
 Asl (Old/already existing teaching which works as a law)
 Illa (Common effect between both the fer and asl)
 Hukm (Order to be made)
Nowadays use of cocaine and other intoxicating drugs is a new issue. There is no clear
restriction about them in the Quran, Hadith and Ijma. So the scholars compared them
with a verse of the Holy Quran which says, “O, you who believe, intoxicants, and
gambling, and the altars of idols, and the games of chance are abominations of the
devil; you shall avoid them, which you may succeed.” From this verse the problem is
resolved as the scholar compared wine with cocaine. As both of them intoxicate
therefore, cocaine and other intoxicating drugs are also haram as wine is haram.
It is the Islamic law which prescribed that body parts must be washed properly for the
Prayers (salat) but if there is no water, then what to do? This issue was resolved by
Allah (Subhanahu wa-ta’ala) in the Holy Quran through a comparison between sand and
water. He says, “…And if you are ill or on a journey or one of you comes from the place
of relieving himself or you have contacted women [i.e., had marital relations] and
find no water, then seek clean earth and wipe over your faces and your hands [with
it]. Indeed, Allah is ever Pardoning and Forgiving.” This verse clearly indicates and
permits us that dry ablution is allowed if we don’t have water in our reach. In this
example sand and water are compared as they are commonly available, pure and are used
for purity.
“O ye who believe! When the call is proclaimed to Prayers (salat) on Friday (the day
of assembly), hasten earnestly to the remembrance of Allah, and leave off business
(and traffic) that is best for you if ye but knew!” In this verse, business transaction
is not allowed at the time of Friday Prayers (salat). So in the light of this verse
every kind of transaction is forbidden at the time of Friday Prayers (salat) such as,
school, office, academy, business, meetings, stock exchange etc.
Smoking is also a common issue of our time. There is no clear prohibition in the Quran,
Hadith or Ijma regarding it. If we compare it with the verse of Quran in which Allah
(Subhanahu wa-ta’ala) says, “And cast not yourselves to destruction with your own
hands, and do good (to others). Surely, Allah loves the doers of good.” According to
this verse suicide is haram, similarly smoking is also haram as it slowly kills a
person by damaging his lungs and throat.
The Quran says: “marry women of your choice, two or three of four; but if you fear you
shall not be able to do justice then only one.” Here the second clause (but if you
fear…) allows for humans to compare the number of his wives with his resources in order
to treat them equally in providing home, food, clothing, time and other necessities of
life accordingly.
The Holy Quran forbids a man to marry two sisters simultaneously. “You are prohibited
to marry… wives of your sons, and two sisters at the same time except for what has
been done in the past.” Keeping this issue in a view the Holy Prophet “Rasool Allah
Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” forbade combining aunt and niece in the
mirage with a man as they are also in close blood tie to each other.

How is the Qiyas (Analogy) used with Hadith/Sunnah in law making? [10]

Examples of the laws of Qiyas with Hadith

Level marking
  Frist para
 Cocaine and drugs compared with Khamr
 Vowed (promised) Hajj compared with loan
 Smoking compared with onion and garlic
 Business deal over a deal compared with offer of betrothal to a woman who is
already engaged
 Ruling for nail polish before the Prayers (salat).
 Guardian for a lunatic

Details

Qiyas means to compare a new issue with already existing teaching, provided that both
the new and old issues should have the same effect. When the Quran and Hadith don’t
give any clear law for the modern issue, and even Ijma doesn’t address it then Qiyas
seeks guidance from the Hadith to make a law for the modern problem. The rule/law which
is made from Qiyas by comparing with Hadith shouldn’t be against the teachings of the
Quran, Hadith and Islamic principles. The Holy Prophet “Rasool Allah Khatam-un-Nabiyyin
SallAllahu Alaihi Wasallam” himself approved the use of Qiyas he said, “I decide those
disputes, with my own opinion, which have not clearly been explained by the revelation.”
A common person cannot make laws through Qiyas, however the law maker must have sound
knowledge of Islam and other modern sciences. Qiyas contains four elements (pillars):
 Fer (New issue about which law has to be made).
 Asl (Old/already existing teaching which works as a law)
 Illa (Common effect between both the Fer and Asl).
 Hukm (Order to be made).
Qiyas can be used together in law making in the following ways. There is an issue
regarding cocaine and drugs whether they are allowed or not, no law was clearly found
in the Quran, Hadith and Ijma which prohibits cocaine and other dangerous drugs but a
similar case was found in a Hadith. The Holy Prophet “Rasool Allah Khatam-un-Nabiyyin
SallAllahu Alaihi Wasallam” said, “Every intoxicant is khamr and every intoxicant is
haram.” The scholar finally compared cocaine with this Hadith by saying that it also
intoxicates therefore it is haram too.
Once a person asked from the Holy Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu
Alaihi Wasallam” that his father vowed (promised) to perform Hajj but he died without
performing it so what should he do? The Holy Prophet “Rasool Allah Khatam-un-Nabiyyin
SallAllahu Alaihi Wasallam” asked him if his father had loan to pay and he had died
without paying it, what he would do. The man replied that he would pay it. Then Holy
Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi Wasallam” said that he could
perform Hajj on behalf of his father just like he was supposed to pay his father’s
loan. In this example the Holy Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu
Alaihi Wasallam” compared vowed Hajj with loan i.e. loan is due for human being and
Vowed Hajj is due for Allah (Subhanahu wa-ta’ala).
Nowadays smoking is a big issue; whether one can smoke or go to the masjid for Prayers
(salat) after smoking or not. No clear law was found for it, neither in the Quran and
Hadith nor in Ijma but it was compared with a Hadith; which states, “Whoever eats
garlic, onion or leek should keep away from our masjid for the Angels are harmed by
what harms ibn-e-Adam.” According to this Hadith, it is indicated that onion causes
bad breath or smell, similarly smoking sheesha and cigarette also cause bad breath or
smell. Therefore if anyone has smoked, he should not pray unless his mouth is clean.
According to a Hadith, it is forbidden for a man to make an offer of betrothal to a
woman who is already engaged to another man unless the latter discontinues the
relationship or has totally abandoned his offer. The illah is to avoid conflict and
hostility among people. By analogy, the same rule is extended to all business
transactions in which the same illah is found to be operative i.e. if anyone has given
the token amount or showed eagerness to buy any commodity than no other person can buy
it until the transaction is finalized or the due date is over. The illah is to avoid
conflict and hostility among people.
The use of nail polish is the latest issue, it can be used before the Prayers (salat)
or not? As it is not mentioned in the Quran, Hadith or Ijma so it is compared with a
hadith, “If a person omits a small part of that which must be purified, then his
purification is not valid.” In the light of this Hadith, it becomes clear that hand
must be fully wet and nail polish resists water to reach the surface of nail, therefore,
nail polish cannot be applied before ablution.
Islam permits appointment of guardian for a minor in his legal affairs, thus law is
derived from it that a guardian can be appointed for an adult lunatic for his legal
affairs as he either cannot decide his matters like a minor.

Expected questions

1) How are the Qiyas (Analogy) and Quran employed in working out the Islamic law?

2) How are the Qiyas and Hadith employed in working out the Islamic law?
3) How do the scholars use Qiyas in working out the Islamic law?

4) In what circumstances do Sunni Muslims allow the use of Qiyas (analogy)?

5) Why do some people reject the use of Qiays?

6) Why do Shia Muslims attach importance to the use of Aql/reasons in establishing

the Islamic laws?

7) How useful is Qiyas when dealing with modern issues?

8) Why do you think the Prophet “Rasool Allah Khatam-un-Nabiyyin SallAllahu Alaihi
Wasallam” encouraged the exercise of personal reasoning amongst his Companions?