Concept of Islamic Law

Islamic law: A comprehensive system covering the human being’s relationship with his
Creator, with his fellow human beings, and with his society and nation.

Shari’ah

- Definition
- Literal meaning: The path to be followed
- Technical meaning: The direct revelation of Allah SWT to mankind which
Muslim scholars have derived from ethical guidance.

- Conceptually refers to a set of rules, regulations, teachings and values, which covers
every aspect of life, governing the lives of mankind.
- It aims at regulating the relationship of man with Allah SWT and man with man.
- It prescribes a complete set of law for mankind as a form of guidance in order
for good (ma’ruf) to triumph and evil (munkar) to disappear from the society.
- It provides a clear and straight path to progress and fulfilment in life, as well
as the attainment of Allah’s pleasure.
- It is complete, perfect, and guarantees mankind success in welfare and peace
in life on Earth and in the Hereafter.
- It is permanent and does not change with time.
“We made for you a law, so follow it, and not the fancies of those who have no
knowledge.” (65:18)

Shari’ah can be divided into three commandments:

- Al-ahkam al-I’tiqadiyyah (sanctions relating to beliefs)

- I’tiqad literally means belief.
- There are three types of I’tiqad:
- I’tiqad qadariah: The belief that the human conduct, whether right or wrong,
has nothing to do with Allah.
- Denies the absolute sovereignty of Allah.
- Allah does not know mankind’s plans or future, and will only know of
such conduct once it has been done.
- I’tiqad jabariah: The belief that everything that happens is under Allah’s
powers.
- God has chosen someone to be good or bad.
- Faith becomes sufficient only through the intentions of faith. There is
no requirement to prove faith through prayers etc.
- Committing sins will not affect a person’s faith.
 - A form of deviant teaching where a person would tend to claim to be a
Messenger, to receive revelation, to have met the Prophet etc.
- I’tiqad Ahli Sunnah wal Jamaah: The belief that everything happens because
of Allah’s planning together with what man chooses to do.
- Belief in Allah and the Hereafter
- Belief that human conduct is arranged by Allah, but humans can change
it through effort.
- Belief that faith includes intention and practice.

- Al-ahkam al-Akhlaqiyyah (sanctions relating to moral and ethics)

- Akhlak refers to the practice of virtue, morality and good manners.
- It is the source of all the activities that man performs spontaneously without
thought.
- A certain disposition may appear in human beings due to:
- Natural and physical make up (Fitrah)
- Habit (Ada): Formed due to continual repetition of certain acts and
causes a disposition to emerge.
- Practice and conscious effort: If prolonged it will eventually form a
disposition.
- Since man has the power to choose, he can overcome the dictates of his
physical nature through practice and effort to acquire the disposition of his
choice.

- Al-ahkam al-‘Amaliyyah (sanctions relating to the sayings and doings of individuals,

and his relation with others)
- Also known as Fiqh
- Amal: Actions that we perform, or are about to perform that will please Allah
or the Prophet.
- Hadith narrated by Abu Umma:

A man once approached the Prophet and asked, “What of a man who
joined us in fighting, his intention being for fame and booty?”

The Prophet said, “He receives nothing.”

The man repeated the question three times, and each time the Prophet
gave the same answer. Then he said “Allah only accepts actions that
are intended purely for His pleasure.”

- There are two kinds of amala:

- An act whose pleasure passes away but its consequence remains.
- An act whose hardship passes away but its reward stays.
Fiqh

- Definition
- Literal meaning: Knowledge or understanding about something
- Technical meaning: Knowledge of practical legal rules deduced from the
detailed sources of Shari’ah.

- A complementary expansion of Shari’ah by the Islamic jurists or a body of law.

- Concerned with the knowledge of the detailed rules of Islamic law in its various
branches.

- There are two categories of fiqh rulings:

- Fiqh al-Ibadah: Rulings which govern the relationship between man and Allah,
and are derived from the Qur’an and Sunnah.
- It can be further sub-divided into four sections:
- Rulings related to prayer: From the performance of ablution up
to actions which can invalidate a prayer.
- Rulings related to fasting: Covers the obligation of fasting during
Ramadhan and other kinds of optional fasting.
- Rulings related to almsgiving (zakat): Cover the obligatory
almsgiving (zakat al-fitr) and other forms of almsgiving.
- Rulings related to hajj: Covers all rulings related to the
performance of hajj.

- Fiqh al-Muamalah: Rulings deduced from the understanding of scholars or

Islamic jurists from the Qur’an, Sunnah, and other sources of Shari’ah, which
govern the relationship between man and man, and between man and other
creatures.
- These rulings change according to time, place and circumstance.
- They provide the suitable penalty for those who transgress their limits
and go against the rulings.
- These rulings can be further sub-divided into several sections:
- Rulings related to family law: marriage, divorce, inheritance etc.
- Rulings governing commercial transactions: sale and purchase
agreements, leasing etc.
- Rulings concerning the management of finance: source of
income, financial institutions, banks and insurance etc.
- Rulings related to the administration of justice: court
procedures, appointment of judges etc.
 - Rulings governing the rights of non-Muslims: obligations and
responsibilities to protect the rights of non-Muslims and
minorities.
- Rulings determining the relationship with a foreign
government: diplomatic missions etc.
- Rulings governing the Islamic political system: rights and
responsibilities of citizens, constitution of the country etc.
- Rulings under the Islamic criminal law: punishment for those
who commit crime.
- Other rulings governing the relationship between man and
other creatures: environmental protection, animal rights etc.

- Fiqh Rulings
- Fardh/Wajib (compulsory): These obligations are binding and it is established
through definitive proof in the Qur’an and Sunnah. If a Muslim neglects
performing such obligations they would be punished, both in this world and in
the Hereafter.
- There are two types of compulsory acts.
- Fardh Ayn (Fardhu Ain): Individual obligations which needs to be
performed by each individual such as the five daily prayers.
Disobedience amounts to a sin.
- Fardh Kifayah (Fardhu Kifayah): Collective responsibilities, whereby if
a group of people undertake to do the obligation the rest will not be
held responsible for it. If no one carries out this duty, the entire
community will bear the sin of omitting it.

- Sunnah (recommended): Deeds recommended to be performed by Muslims.

- Sunnah Mu’akkadah/Mandoob: Acts of the Prophet which were
performed regularly, and are highly recommended to be performed by
Muslims. Omitting such acts would be frowned upon, but it is not a sin.
- Sunnah Ghayr Mu’akkadah/Mustahab: Acts of the Prophet which
were performed, but sometimes omitted without excuse, and are
merely recommended to Muslims. Omission of such acts will not be
considered as a sin.

- Mubah (permissible): Acts whose commissions and omissions neither merits

any reward nor entails any punishment. No Shari’ah injunctions are attached
to it. It is up to the personal discretion of a Muslim, whether to do the act or
not.
- E.g: sitting, standing.
 - Makruh (discouraged, undesired): Acts whose omission is preferable and
highly commanded.
- E.g: Divorce: “The most abominable of permissible things in the sight
of Allah is divorce.”
- There are two types of Makruh acts:
- Tanzihi: Less desired, and closer to being permissible.
- Tahrimi: Closer to being haram.

- Haram (prohibited): Acts which are prohibited through decisive proof in the
Qur’an and Sunnah.
- There is punishment for its performance, and rewards for avoiding it.
- E.g: Killing, adultery, gambling.
- Taking the property of orphans:
“Those who unjustly eat up the property of orphans, eat up a
fire in their own bodies: they will soon be enduring a blazing
fire!” (4:10)

The difference between Shari’ah and Fiqh

Shari’ah Fiqh
Shari’ah is derived from the Qur’an and Fiqh is derived from Shari’ah.
Sunnah.
The scope of Shari’ah is wider, as it Fiqh itself is a component of Shari’ah, that is
contains 3 major components: Al- Al-amaliyyah.
I’tiqadiyyah, Al-akhlaqiyyah and Al-
amaliyyah.
Shari’ah is fixed and cannot be changed. Fiqh changes with time and according to
circumstances.
Shariah is based on revelations in which In Fiqh, the power of reasoning is stressed
knowledge is obtained from the Qur’an and and deductions based on knowledge are
Sunnah. continuously referred to with approval.

Shari’ah does not contain human elements Fiqh contains human elements, such as the
as it is completely based on the revelation deduction of rules based on Ijtihad.
from Allah.

In an action in Shari’ah, there are various In Fiqh, an action can only fall under either
degrees of approval and disapproval. of the rulings.
Shari’ah is broad and general. Fiqh focuses on narrow and specific issues in
Islam.
Usul fiqh

- Definition:
- The methods by which the rules of Fiqh are deduced from their sources.
- Provide the standard criteria for the correct deduction of the rules of
Fiqh form the sources of Shari’ah.

- Importance: examines the sources of Islamic law, the methods that must be used to
deduce the rules, and the person legally qualified and equipped to deduce such rules.
- Fakhr al-Din in his work al-Mahsul stressed the importance of usul fiqh: It is
the most important science for the mujtahid.

- The methodology of usul fiqh refers to Ijtihad (methods of reasoning), such as qiyas,
istihsan, istishab, ‘urf, and sadd al-dharai’.
- The principle objective is to regulate Ijtihad and to guide jurists in their effort at
deducing the law from its sources.
- Its purpose is to help jurists obtain an adequate knowledge of the sources of Shari’ah
and of the methods of juristic deduction and inference.
- It also regulates the application of the sources of Shari’ah, which assists jurists in
distinguishing which method of deduction is most suitable in order to reach a ruling.
- It enables jurists to ascertain and compare the strength and weakness in Ijtihad
and give preference to the ruling of Ijtihad which is the best.

The difference between Man-made law and God-made law

Man-made law God-made law

Man-made laws are legislated when there is a Islamic law is much broader in scope,
need for it. These laws start from a few and complete, covers all aspects of human
then grow in number over years. life/law and is unprecedented in the
history of Law.
Man-made laws are not permanent. They can Islamic law has a permanent character. It
be amended or repealed according to time does not change with time and
and circumstances. circumstances.
E.g: In a particular country at a particular time, E.g: Drinking alcohol and gambling are
drinking alcohol may have been banned, but forbidden under Islamic law. This cannot
this can change when public pressure grows. be changed.
Man-made laws cannot stand the test of time Allah is All-Knowing and All-Powerful. His
as mankind does not have knowledge of the laws cover matters in the present and the
future. future.
 Man-made laws may only be suited for a Islamic law has a global character as it is
particular country or nation. They are not the final, divinely revealed Shari’ah for the
universal. whole world. Thus, it is universal.
Man-made laws are the creation of mankind, Allah SWT is the Creator and His laws are
which is a created species. for those he has created.
Mankind make laws to suit their own needs. Allah SWT is above all needs. His laws are
for the good of all mankind.
Man-made laws shape the society. The society is shaped by Islamic law.

Historical Development of Islamic Law

At the time of the Prophet

- The period during which the Prophet and his senior Companions lived and the creation
of the laws of Shari’ah took place.

- The function of the Prophet was to deliver the laws of the Shari’ah to the ummah.
- The Prophet had no authority to create the laws of the Shari’ah as he was
commanded to judge people based on the revelation given by Allah.
- When there was no authority to refer to, the jurists and mujtahids who came
after the Prophet were also not in a position to create the laws of Shari’ah.
- They were merely meant to discover and not create it.

- The sources of Shari’ah during this period:

1. The Qur’an
- Revealed through a period of approximately 23 years.
- Began with the coming down of the divine revelation to the Prophet and ended
with the Prophet’s demise.

- The aim of Islam at the time was to change the corrupt beliefs, standard of
morality, and the entire social order and customs which were widespread in
pre-Islamic Arabia.

- The revelation of the Qur’an could be divided into two parts.

- The Makki (parts revealed in Mekah) which concentrated on two
subjects:
- The reformation of the corrupt beliefs of the people
- The annihilation of evil in order to instil excellent morality and
upright principles sanctioned by Islam
- The Madini (parts revealed in Madinah) which focused on the creation
and application of a stable legal system:
 - The legal rules regulating the relationship between individuals
were formed.
- The Madini verses were revealed in piecemeal to make clear a rule regarding
an incident; to answer a question raised; to decide a lawsuit.

- Scribes were ordered by the Prophet to record the revelation by writing down
what was revealed to him after he had recited it to his Companions and after
they had memorized it.
- These scribes also wrote down copies for themselves of what they had
written down from the Prophet.
- The writings were completed and protected in the Prophet’s house before his
demise.

2. The Sunnah
- To explain, interpret and provide the details of the Qur’an.
- Some were uttered by the Prophet according to happenings and emergence of
problems, some in response to questions, and some as a legal verdict or a
decision of a lawsuit.

- It was not recorded in the same manner as the Qur’an, but was merely
narrated and memorized by the Companions until it was transmitted to
subsequent generations.

3. Ijtihad
- The ijtihad exercised by the Prophet and his Companions during the prophetic
period is considered as a source.
- Ijtihad was exercised by the Prophet to know the rules of Shari’ah
through explanation of the meaning of the Qur’anic verses.
- To draw an analogy between the cases not covered by divine revelation
and those which were revealed.

The Era of the Righteous Caliphs

- The period during which the senior Companions of the Prophet lived.

- There were two factors which greatly affected the development of Islamic law in this
period:
- The expansion of the area of Islamic State
- The large increase in Islamic territories; the influence of the Muslims
had extended to Persia, Iraq, Syria and Egypt where their customs and
usages varied from that of Arabs.
 - There was also a large increase in legal wealth through new rulings of
new incidents and legal cases.
- The mixing of the Arabs with others
- The Arabs and the people of the lands they had conquered mixed
together and caused new transactions and relationships, which were
not known during the Prophetic period, to exist.

- The sources of Islamic law during this period

1. The Qur’an
- When the Prophet died, the Qur’an was preserved in people and scattered in
copies.
- When the first Caliph, Abu Bakar, sent out the troops for jihad, the Muslims
were afraid of the loss of a part of the Qur’an by the death of those who had
learnt it by heart.
- Abu Bakar selected Zayd bin Thabit, who then began collecting the
parts of the Qur’an from the private copies of the people.
- It was preserved in the custody of Abu Bakar during his lifetime, and
was then passed on to the second Caliph, Umar al-Khattab.
- During the time of the third Caliph, Uthman bin ‘Affan, there were
disagreements on the dialect of the Qur’an and several versions of the Qur’an
came into existence.
- Uthman then thought to unite the people on the true copy of the
Qur’an collected by Zayd bin Thabit
- He distributed it among all the cities by sending copy of the Qur’an to
every province so that no disagreement the Qur’an would arise among
them.
- He then ordered for the other versions of the Qur’an to be burnt.
- Uthman managed to unite the people on the reading of the Qur’an so
that they would not differ among themselves in regards to its dialects.

2. The Sunnah
- The Companions unanimously agreed that when the Sunnah is proved to have
been transmitted from the Prophet, it becomes an obligation to act upon it.
- In order to ascertain the genuineness of the Prophet’s tradition:
- Abu Bakar and Umar accepted the tradition from the Prophet
only when it was confirmed by another transmitter.
- Ali bin Abi Talib asked the narrator to take an oath that he had
heard the tradition from the Prophet.
- The Companions were strict in transmitting the traditions of the Prophet and
hated their frequent transmission:
 - They feared that people would turn away from the Qur’an
- They feared that their great interest in relating the traditions might
lead them to error or forgery in the Sunnah.

3. Ijtihad
- The Companions exercised ijtihad in seeking a rule about a new case, and
would then come to an agreement on a certain opinion (Ijma’).
- The Companions had various methods in ijtihad.
- They exercised ijtihad in the interpretation of the text if it was found
for the application to the problem.
- They exercised ijtihad in the absence of the text.
- In exercising ijithad, there were also many causes of disagreements among the
Companions.
- However, the problems where disagreement arose between the
Companions were much less than that in the subsequent ages.
- Where a problem existed, the Caliphs easily gathered the jurist Companions as
they had not dispersed into different countries as what happened later on.
- As traditions (Sunnah) were rarely narrated during this period, and its frequent
narration was hated by the Caliphs, disagreement in ijtihad was weak.
- New problems did not increase largely as they did later on.

- The jurist Companions used to restrain themselves from giving a legal opinion
out of fear of making a mistake.
- They only provided a legal opinion when the problems actually existed,
and did not provide an opinion about problems that did not actually
arise.

Contributions of this era:

- Abu Bakar as-Siddiq

- Declared war against Muslims committing apostasy.
- Umar al-Khattab:
- Establishment of a Majlis Syura: a committee that specialises in appointing
new caliphs.
- A post of governor for each Islamic district to help ensure the effectiveness of
the government.
- Establishment of other posts: Chief secretary, police officers, chief judge, tax
officers.
- Incorporated land law into the legal system to make it more systematic.
- Arranged the revenue and wealth of the country to enhance its defence.
 - Introduced and infused the Hijrah Calendar into the legal system.
- Uthman bin Affan
- Collected and booked the Qur’an, making to easier to refer to.
- Expansion of the Islamic navy and army.
- Ali bin Abi Talib
- Took the role of leading the government when it was at the peak of chaos.

The Era of the Caliphates of Umayyad

The main concern was not with religion and religious law; instead, it was with political
administration.

- This era represented the organizing, centralizing, and increasingly bureaucratic

tendency of an orderly administration.
- Islamic religious ideal and Umayyad administration co-operated in creating a
new framework for Arab Muslim society, which had been recruited
indiscriminately from the Arab tribes and was spread thinly over the vast
extent of the conquered territories.
- Through this, the Islamic administration of justice and Islamic jurisprudence emerged.
The administration concentrated on waging war against the Byzantines and other external
enemies, on collecting revenue from the subject population, and on paying subventions in
money or in kind to the Arab beneficiaries.

- There is evidence found of Umayyad regulations mainly in the fields of the law of war
and of fiscal law.
- They did not interfere with the working of retaliation as it had been regulated by the
Qur’an, but they tried to prevent the recurrence of Arab tribal feuds, which
threatened the internal security of the state.
- They supervised the application of the purely Islamic penalties, which were not always
in strict conformity with the rules laid down in the Qur’an.

The Umayyads took the important step of appointing judges or qadis.

- The office of a qadi was created for the new Islamic society.
- The arbitration of pre-Islamic Arabia and of the earliest period of Islam was no longer
adequate, and the Arab hakam was replaced by the Islamic qadi.
- E.g: Qadi Shurayh was the qadi of Kufa over a long period, whose activity
coincided with the establishment and spread of Islam. His figure as a qadi
reflected the transition from the old to the new form of administration of
justice.
 - The governor delegates his judicial authority to the qadi, but retained the power of
reserving his own decision towards any lawsuit he wished, as well as the power to
dismiss the qadi.
- The jurisdiction of the qadi extended to Muslims only, while the non-Muslim
population retained their own legal institutions.
- Through their decisions, the earliest Islamic qadis laid the basic foundations of what
was to become Islamic law.
- They gave judgment according to their own discretion or sound opinion, basing
themselves on customary practice and the Qur’anic regulations.
- The office of qadi itself was an Islamic institution typical of the Umayyad period,
whereby care for elementary administrative efficiency complemented the tendency
to Islamise.
- The era was set for a more thorough process of Islamising the existing customary law.
As the work of qadis grew, appointments went to ‘specialists’ who were persons sufficiently
interested in the subject to have given it serious thought in their spare time.

- These specialists were those whose interest in religion caused them to elaborate, by
individual reasoning, an Islamic way of life.
- Their main concern was to know whether the customary law conformed to the
Qur’anic and Islamic norms.
- However, they did not politically oppose the Umayyad government and the
established Islamic state.
- Thus, they surveyed all fields of contemporary activities, and in doing so they achieved
on a much wider scale, what the Prophet had tried to do for the early Islamic
community of Madinah.
- This led to the popular and administrative practice of the late Umayyad period to be
transformed into the religious law of Islam.

The Era of the Caliphates of Abbasid

The need of Arab Muslim society for a new legal system had been filled. Therefore, the
Abbasids continued and reinforced the trend of Islamizing.

- However, in order to differentiate themselves from the Umayyads, the Abbasid

exaggerated the differences and proclaimed their programme of establishing the rule
of God on Earth.
- As part of their dynastic policy, they recognized the religious law as the only legitimate
norm in Islam and set out to translate their ideal theory into practice.
- They regularly attracted specialists in religious law and made a point of consulting
them on problems.
 - The Abbasids and their religious advisers were unable to carry the whole society with
them as the caliphs themselves were not always very sincere in translating the
religious ideal into practice.
- It became apparent that what the early Abbasids preached was nothing but a formula
to cover their own despotism.
- It was not long before their successors lacked the will and the power to continue the
effort.

What the early Abbasids did achieve was a permanent connection between the office of qadi
and the Shari’ah.

- It became a fixed rule that the qadi had to be a specialist in the Shari’ah.
- Once appointed, he was to apply nothing but the Shari’ah, without interference from
the government.
- However, the qadis were not only subject to dismissal at the whim of the central
government, they also had to depend on political authorities for the execution of their
judgments.
- The office of qadi was separated from the general administration and became bound
to Islamic law in substance and procedure, making it impossible for the qadi to
undertake a criminal investigation.
- The political powers stepped in and transferred the administration of the greater part
of criminal justice to the police.

The centralising tendency of the early Abbasids led to the creation of the Chief Qadi, whom
the caliphs would normally consult on the administration of justice.

- The Chief Qadi became one of the most important counsellors of the caliph, and was
in charge of the appointment and dismissal of the other qadis.

The institution of ‘investigation of complaints’ (nazar fil-mazalim) was formed, which was
where the caliphs heard complaints concerning miscarriage or denial of justice or other
unlawful acts by the qadis, difficulties in securing the execution of judgements, and wrongs
committed by individuals or government officials.

- From this institution, the formal Courts of Complaints were set up where more
important lawsuits were brought to be heard.
- The jurisdiction of the Courts of Complaints became concurrent with that of the qadis’
tribunals.
- The existence of the courts showed that much of the administration of justice by the
qadi had broken down at an early period.
The Abbasids also maintained the jurisdiction of the ‘inspector of the market’ who was
responsible for enforcing Islamic morals and behaviour in the Muslim community and held
the Islamic title of muhtasib.

- His duties were to bring transgressors to justice and to impose summary punishments.
- However, the eagerness of the rulers to enforce such provisions of the Shari’ah made
them overlook that the procedure of the muhtasib did not always satisfy the strict
demands of Islamic law.

When the main features of the Shari’ah had been established, and when the qadis had been
appointed by the central government under the caliph’s authority, the caliph himself had to
be incorporated into the system.

- In order to do so, they endowed the caliph with the attributes of a religious scholar
and lawyer, to bind him to the Shari’ah in the same way in which the qadis were bound
to it, and to give him the same right to exercise personal opinion (ijtihad).
- The caliph did not have the right to legislate, but only to make administrative
regulations within the limits laid down by the Shari’ah.

The discretionary power of the sovereign which enabled him to apply and complete the
Shari’ah, and to regulate legislation, which had escaped the control of the qadi in this era, was
called siyasa.

- It is the expression of the full judicial power which the sovereign had retained since
the Umayyad era and which he can exercise whenever he thinks fit.

The result of this era was that Islamic law became more removed from practice, but gained
more in power over the minds than it lost in control over the bodies of Muslims.

The Era of the Caliphates of the Ottoman Empire

The era began with the Islamization of the Ottoman Turks, who after entering Islam, took it
more seriously than those who had professed it for a long time.

- In the beginning, mystical tendencies prevailed, customary and administrative law

predominated and institutions incompatible with the Shari’ah were taken for granted.
- However, Islamic orthodoxy represented by the ulama’, Islamic scholars and
specialists in Islamic law, emerged victorious.
- They endowed Islamic law in its Hanafi form with the highest degree of efficiency.
- They based the whole administration of justice on the Shari’ah:
- Made their civil administration coextensive with the qada’
- Placed the local chief of police (subashi) under the orders of the qadi
 - Provided for a uniform training of scholars and qadis and organized them in a
graded professional hierarchy
- Endowed the Grand Mufti, who was in charge of assuring the observance of
the Shari’ah and supervising the activity of qadis.
- The office of the Grand Mufti reached the peak of its power under Suleyman I, where
the Grand Mufti Abul Su’ud succeeded in bringing the kanun, the administrative law
of the Ottoman Empire, into agreement with the Shari’ah.

The legal order in this era was far superior to that in Europe, but the efforts at reform which
had started with full momentum under Mahmud II led to a conflict with the Shari’ah.

- The Shari’ah was not officially abandoned as the empire tried to codify and to have
enacted as a law of the state parts of the religious law of Islam known as the Mejelle.
- It was one of the official codes of the Ottoman Empire and remained in force in the
territories that were detached from the empire after 1918, where it was later applied
as ‘civil law’.

However, in Turkey, not only the Mejelle, but the whole of Islamic law and the tribunals of
the qadis were abolished in 1926, and thereafter followed in Albania, Yugoslavia and Greece.

The Development of the Schools of Thought

A school of thought: A body of doctrines taught by a leader or imam and followed by the
member of that school.

- Madhab: An Islamic term referring to a school of thought or religious jurisprudence

within Sunni Islam.
- Schools of Islamic thought are the paths Muslims follow towards the Qur’an and the
Prophet.

- The early period of the Umayyad era saw the division of fiqh scholars into two main
madhabs.
- However, during both, the period of Umayyads and early Abbasids, students of fiqh
freely and frequently changed teachers and exchanged legal opinions.
- This caused the increase in the number of madhabs.
- The madhabs were gradually consolidated and only 4 were given recognition.
- By the year 250H, 4 Sunni schools of thought were popularized and patronized by the
Abbasid government.
Hanafi School of Thought:

- Founder: Imam Abu Hanifah an-Nu’man ibn Thabit

- Born in 80AH in Kufa, Iraq during the reign of the Umayyads; died in 150AH in
a Baghdad prison.
- Began his earlier studies in philosophy and dialectics, but soon abandoned it in
favour jurisprudence.
- He went into an in depth study of fiqh and hadith.
- His teachers in his lifetime were:
- Ja’far as-Sadiq
- Hammad Ibn Abu Sulayman
- Muhammad al-Baqir
- Zayd Ibn Ali

- Formation of madhab:
- Imam Abu Hanifah relied on his personal judgment and conclusions by analogy
- He based his teaching methods on the principle of Syura:
- Problems – present – debate & discussion – solution – agreed &
recorded
- This method introduced an issue with the question: What if?
- Thus, the method was later known as Ahl ar-Ra’y (Upholders of Private
Opinion) which was largely based on logical deduction of its scholars.
- Hence his specific method that developed was termed after him as the
Hanafi School.

- The followers of the Hanafi School constituted more than one-third of the total
population of the world of Islam.
- Some of his well-known disciples were:
- Qadi Abu Yusuf
- Muhammad al-Shaybani
- Imam Zufar

Maliki School of Thought:

- Founder: Imam Malik ibn Anas

- Born in Madinah 79 years after the demise of the Prophet.
- Studied Hadith under az-Zuhree
- Taught Hadith in Madinah for 40 years
- Was known as the most learned man in Madinah during his time.
 - Attracted a huge number of students to his lectures, including Abu Yusuf,
Muhammad al-Shaybani and Imam Shafi’i.

- Formation of the madhab:

- His method of teaching was based on the narration of Hadiths and the
discussion of their meaning.

- Students of the madhab:

- The school and its followers were known as the people of Hadith.
- Abu Abdur Rahman ibn al-Qasim
- Abu Abdillah ibn Wahab
- Today, its followers are found in Upper Egypt, North Africa, West Africa and
the Arabian states.

- Books of the madhab:

- Al-Muwatta’
- Written in order to ease the study of fiqh and hadith.
- The earliest complete work in Islamic history after the Qur’an, which
contains principles of the madhab.
- It is a code of law covering various areas based on the legal practices
that were operating in Madinah.
- Al-Mudawannah
- An extensive book on the fiqh of the madhab
- Produced by students of Imam Malik, al-Qasim and Sahnun.

- Contributions by Imam Malik:

- Taught scholars from all parts of the Muslim world, who copied the Muwatta’
and spread it to over 1300 scholars.
- He scrutinised all kinds of narrations, sermons of the Prophet, explanation of
Qur’an, and compiled about 1000 Hadiths in the Muwatta’.
- Due to the demise of the Companions, the place for reference were becoming
lesser, so he codified the Medinan Fiqh as an outcome of the exercise of the
pious tabi’in based on the opinions of the Companions.
Shafi’i School of Thought:

- Founder: Imam al-Shafi’i

- Born in 769 CE in Gaza, Palestine.

- Formation of the madhab:

- At the time, there were 2 regional schools of thought.
- School of Hijaz in Madinah by Imam Malik
- School of Iraq in Iraq by Imam Hanifah
- What sets Imam Shafi’i apart from the others was that he was not restricted
to any specific geographical schools of thought as he started his career in
Mekah.
- He then moved to Madinah to study under Imam Malik and gathered the ilm
of the Maliki school of thought.
- When he was dissatisfied with his lack of knowledge, he moved to Baghdad to
study the teachings of the School of Iraq, and discovered that the School of
Iraq had an equal amount of advantage as the School of Hijaz.
- Thus, he merged together what he had discovered and developed a new school
of thought.
- Due to his many academic exposures, he familiarised himself with
different opinions on the study of fiqh.
- Having studied both schools of fiqh, he introduced usul fiqh which
provided a reasonable way to derive Islamic law.

- Books of the madhab:

- Al-Risalah
- The foundation of Islamic jurisprudence and was introduced to solve
problems regarding derivation of Islamic law
- Al-Umm
- A discussion which Imam Shafi’i had with the eminent jurists of his
time, such as Imam Malik, Imam Hanifah, Imam Auzai, and Imam al-
Shaybani.

- Followers of the madhab are mainly found in Egypt, Southern Arabia, South East Asia,
East Africa and South America.

Hanbali School of Thought:

- Founder: Imam Ahmad ibn Hanbal

- Born in 164H in Baghdad
 - Travelled extensively through the countries of the Middle East and collected
traditions of the Prophet
- Learned fiqh from Imam Shafi’i, was devoted to the traditional views on
religious subjects, and was against any kind of innovation

- Formation of the madhab:

- The madhab only became known around 234H when Khalifah al-Mutawakkil
took over. He honoured Imam Hanbal and loved to look after him
- After the death of Imam Hanbal, his students spread across Muslims countries
and took with them his opinions on Aqidah, Fiqh, Hadith, Jarh, Ta’dil and other
sciences.

- Books of the madhab:

- Al-Mus’nad
- The book was not finished when Imam Hanbal died at 77, so his son,
Abdullah, took on the task of completing it.
- The book contained 30,000 Hadiths and various opinions of the
Companions concerning its interpretation.
- Al-Amal
- Al-Tafsir

Features of Islamic Law

1. Gradualness
- The laws were developed gradually to assist mankind in its growth
- Mankind cannot accept change surprisingly
- E.g: The gradualness of the ruling upon drinking alcohol.

2. The reduction of religious obligations

- Rukhsah for religious obligations.
- E.g: The ease of performing prayers for those who are traveling or ill, such as
to shorten or combine the prayers and to perform it while sitting down;
tayammum for ablution.

3. The removal of difficulties

- The laws are not meant to burden, but to assist mankind and facilitate their
needs in all aspects of life.
- When given a choice, the Prophet always chose the easier path provided that
it is not forbidden.
 4. The realisation of public welfare
- To combat poverty and provide for a just and equitable distribution of wealth.
- E.g: The abolition of riba’ prevents unfair lending schemes which
penalize the poor. Zakat allows the transfer of money from the hands
of the rich to the hands of the poor through charity.
- Laws were enacted to suit the current circumstances and as these changed, so
did the laws.

5. The realisation of universal justice

- The laws enacted are not for a certain group of people, but for all of mankind.
- Qisas: equal retaliation (a punishment equal to the crime)
- E.g: Those who commit murder must in turn be executed.
- The Qur’an allows aggrieved parties to forfeit the right of Qisas as an
act of charity or in compensation for sins.

Objectives of Islamic Law

- The general objectives of Islamic law aim at realizing the general human welfare, both
in this world and in the Hereafter, as well as the protection of the people against
corruption and evil.
- The specific objectives are those that Islamic law seeks to realize in a narrower domain
of human activity, such as economics, family life or political order, which is achieved
through specific legislation aimed at dealing with particular issues.
- The Qur’an explained the main objectives of Islamic law in Surah Al-Anbiya’: 107
“And We have sent you (O Muhammad SAW) not but as a mercy
for the ‘alamin (mankind, jinns and all that exists).”

- The objectives of Islamic law can be divided into three categories:

- Essentials (daruriyyat) (necessities)
- Matters which the religion and worldly affairs of the people depend
upon

- These essentials include the protection of the five fundamental values

(al-daruriyyah al-khamsah) necessary to human life:

i) Protection of religion (al-din)

- It is obligatory for each Muslim to protect his religion at a personal level
and at other levels.
- At a personal level: Achieved through performing all kinds of ibadah.
Performance of these ibadah will act as a shield to prevent a person
from committing sins or becoming an apostate.

“And perform prayer: Verily, the prayer prevents from al-fahsha’ (great
sins) and al-munkar (evil).” (Al-Ankabut: 45)

- At a wider scope: Defend Islam when it is attacked by enemies through

writing, speeches and other mediums. Such responsibility falls under
the prevention of evil.

- Allah has enacted the law of jihad and commanded the Muslims to
defend their faith:

“And fight in the Way of Allah those who fight you, but transgress not
the limits. Truly, Allah likes not the transgressors.” (Al-Baqarah:190)

ii) Protection of Life (al-Nafs)

- The life of the rich does not differ from the life of the poor; therefore it
must be protected in all circumstances.

- The Prophet SAW stated the punishment for those who commit
murder:

“When two Muslims meet with their sword (in a fight against one
another) both of them will be in the hell fire.”

The companion asked the Prophet, “This punishment should be for the
one who tries to kill his challenger, what about the one who tries to
defend himself?”

The Prophet replied, “He was also trying to kill his opponent.”

- In order to protect life, the Shari’ah has enacted a death penalty for
murderers to deter others from committing murder.

iii) Protection of Lineage

- Islam strives to perpetuate the human line on Earth until the last day.
- In order to achieve this:
- Islam enjoins marriage to fulfil the purpose of preserving the
human species and producing offspring who will develop the
world, and take on the role of Allah’s vicegerent on Earth.
 - Islam obliges parents to take care of their children and provide
them with a good upbringing.
- Islam encompasses all possible relationships between men and
women with principles and codes of moral conduct.
- Islam forbids assault on chastity and honour, adultery, and
falsely accusing someone of adultery (al-qazf).
- Adultery between unmarried individuals will be
punished with 100 lashes (al-Nur:2)
- Adultery by a married person will be punished through
stoning to death (Sahih Bukhari and Muslim)
- Falsely accusing someone of adultery will be punished
with 80 lashes (al-Nur:40)

iv) Protection of Mind

- Everyone should protect their mind by utilizing it for the benefit of all
and not for any kind of evil or destruction.
- Islam has given the freedom of speech to its followers to express their
views as long as it does not go against the Islamic teachings.
- The Prophet encourages Muslims to practise Ijtihad in resolving
issues.
- Safeguard the mind from anything that might harm the ability and
functions of the brain such as the consumption of intoxicants or
substances (al-Maidah:90)

v) Protection of Property
- No one should transgress and acquire the property of others without
legitimate reasons and without proper contract.

“And eat up not one another’s property unjustly (in any illegal way, e.g
stealing, robbing, deceiving etc.) nor give bribery to the rulers (judges
before presenting your cases) that you may knowingly eat up a part of
the property of others sinfully.” (al-Baqarah:88)

- Islam has imposed severe punishment for those who steal the property
of another.

“Cut off (from the wrist joint) the (right) hand of the the thief, male or
female, as a consequence for that which they committed, a punishment
by way of example from Allah. And Allah is All Powerful, All Wise.” (al-
Maidah:38)
 - Complementary (hajiyyat) (needs)
- A supplement to the five essential interests, whereby if neglected,
leads to hardship of the individual or community, but does not lead to
total disruption of life.
- E.g: The legal excuses (rukhsah) that Shari’ah has granted in
regards to ibadah for the travellers and the sick.

- Embellishments (tahsiniyyat) (niceties)

- Matters which lead to improvement and the attainment of which is
desirable.
- Neglecting these embellishments may not interrupt life, but it may lead
to a lack of comfort.
- E.g: Cleanliness in personal appearance and in ibadah.

- There are also other general objectives of Islamic law:

- Educating the individual (tahdhib al-fard)
- The different injunctions of Shari’ah seek to educate individuals and
inspire them with faith.
- The injunctions were designed to educate the believer, to enable them
to be useful members of the society and to restrain them from causing
harm to others.
- There are several injunctions such as:
- Ibadah: Aims at purifying the mind and heart from corruption,
selfishness and materialistic behaviour.
- Mu’amalah: Educate people by adhering to the principle of justice,
honesty, and social repsonsibilities.
- Jinayah: Not to penalize a person, but to discipline the criminal and the
society and to prevent such future crimes.

- Upholding of justice (‘adl)

- It is not confined to judicial aspects, but covers all areas including
individual justice, social justice and international justice.
- In the Qur’an, justice is referred to in at least 53 instances where the
believer is urged to be just to others, whether in personal or public
matters.

“We sent Our Messenger and revealed the Book through them so as to
establish justice among people.” (al-Hadid:25)
Sources of Islamic law

Primary Sources

Al-Qur’an

- Definition:
- Literal meaning: Reading or recitation
- Technical meaning: The book containing the speech of God revealed to the
Prophet Muhammad in Arabic and transmitted to us by continuous testimony.

- It is a proof of the prophecy of Muhammad, the most authoritative guide for Muslims,
and the first source of Shari’ah.
- It fulfils the role in Islamic Law that a constitution fulfils for the man-made laws.
- It is an indivisible whole and a guide for belief and action which must be accepted and
followed in its entirety.

- The generality of the Qur’an allows for the texts to be understood and applied in
various ways making the injunctions capable of responding to the requirements of the
general welfare without departing from the fundamentals and objectives of Shari’ah.

- There are 114 Surahs and 6235 ayat of unequal length in the Qur’an. The shortest
Surah consists of 4 ayat, and the longest consists of 286 ayat.
- The order of the ayat within each Surah, and the sequence of the Surahs were
rearranged and finally determined by the Prophet in year of his demise.

- The revelation of the Qur’an began with Surah al-Alaq,

“Read in the name of your Lord.” (96:1)

And ended by the ayat in Surah al-Maidah

“Today I have perfected your religion for you and completed my

favour towards you and chose Islam as your religion.” (5:3)

- The Qur’an was revealed piecemeal over a period of 23 years. It itself explains the
rationality of gradualness in its revelation.

“The unbelievers say, why has not the Qur’an been sent down to him
(Muhammad) all at once. Thus (it is revealed) that your hearts may be
strengthened, and We rehearsed it to you gradually, and well-arranged.” (al-
Furqan, 24:32)
 “And it is a Qur'an which We have separated by intervals that you might recite
it to the people over a prolonged period. And We have sent it down
progressively.” (al-Isra’:106)

“By degrees shall We teach you to declare (the message) so that you do not
forget” (al-A’la, 87:6)

- Gradualness granted the believers the opportunity to reflect over it and to memorize
it.
- If the Qur’an had been revealed all at once, due to the widespread illiteracy at
the time, the Arabs would have found it difficult to understand.
- To enable the Muslims to implement and comply with the Qur’an.
- Implementing the injunctions little by little made it easy to obey.

- The entire text of the Qur’an is Mutawattir that is its authenticity is proved by
universally accepted testimony.

- During the Prophet’s lifetime, the text of the Qur’an was preserved in memory but
also in inscriptions on such available materials as flat stones, woods and bones.
- Initially, the first Caliph, Abu Bakar, collected the Qur’an after the battle of
Yamamah.
- Zayd bin Thabit was then employed to compile the text which he accomplished
from 11 to 14 Hijrah.
- Several versions of it then came into existence.
- The third Caliph, Uthman, then employed Zayd again to verify the accuracy of
the text and compile it in a single volume.
- The remaining variations were then destroyed.

- The Qur’an was revealed in two distinct periods: the Prophet’s mission in Mekah and
Madinah.
- 19/30 parts (85 Surahs) of the Qur’an was received during the first 12.5 years
of the Prophet being in Mekah. (Makki)
- 11/30 parts (29 Surahs) were received after the Prophet’s migration to
Madinah over a period of 9.5 years. (Madini)

- Knowledge of the Makki and Madini parts of the revelation facilitates better
understanding of some of the characteristic features of the Qur’anic legislation.
 - Makki parts: Matters of belief, the Oneness of Allah, the necessity of the
prophethood of Muhammad, the hereafter, disputation with the unbelievers
and their invitation to Islam etc.
- Madini parts: Principles regulating the political, legal, social and economic life,
the need for rules to regulate matters of war and peace, principles of
government etc.

As-Sunnah

- Definition
- Literal meaning: A clear path or a beaten track.
- Technical meaning: All that is narrated from the Prophet, his acts, his sayings,
and whatever he has tacitly approved plus all the reports which describe his
physical attributes and character.

“I left two things among you. You shall not go astray so long as you hold on to
them: the Book of Allah and my Sunnah.”

- It is a proof next to the Qur’an in all Shari’ah matters and that conformity to
the terms of Prophetic legislation is an obligation upon all Muslims.
- It is necessary and indispensable for the proper understanding and application
of the Qur’an.
- It clarifies what the Qur’an leaves ambiguous or difficult to understand,
qualifies what the Qur’an leaves unqualified, and brings up issues that
the Qur’an does not mention.
- It never departs from the Qur’an’s general principles even when it set
forth injunctions that the Qur’an does not mention.

- The jurist must resort to the Sunnah only when he fails to find any guidance in the
Qur’an.
- If there is a clear text in the Qur’an, it must be followed and be given priority
over any ruling of the Sunnah which may happen to be in conflict with the
Qur’an.
- Priority over the Sunnah is a result of the fact that Qur’an consists wholly of
manifest revelation (wahyu zahir), whereas the Sunnah mainly consists of
internal revelation (wahyu batin)

- Importance of Sunnah:
i) Specification of the General rule
 - Sunnah restricts or qualifies the general, undetermined Ahkams in the
Qur’an.
ii) Elaboration of Ahkams
- Sunnah helps elaborate the general Ahkams in the Qur’an.
iii) Analogy on the basis of rules in the Qur’an
- Sunnah acts as a supplement to the legal provisions in the Qur’an.
iv) Linkage of case with well-known principles
- Sunnah helps link a case with a well-known principle in the Qur’an.
v) Lays down general principles
- Where Qur’an is silent on a matter, general principles can be found in
the Sunnah.
vi) Explanation of the implicit
- Sunnah explicitly provides details to the implicit Qur’anic injunctions.

- Two categories of Sunnah:

i) Sunnah according to its nature
ii) Sunnah according to its written record

- Sunnah according to its nature is divided into three types:

- Verbal (qawli)
- The sayings of the Prophet on any subject.
- E.g: The Hadith “fi al-sa’imah zakah”, which means the livestock is
liable to zakat; “La darar Wa-la dirar”, which means no injury is to be
cause and none is to be borne.
- Actual (fi’li)
- His deeds and actual instructions
- E.g: The way he performed his prayers, the fasting, the rituals of hajj,
the transactions such as sale and giving loans
- Tacitly approved (taqriri)
- Acts and sayings of the Companions which came to the knowledge of
the Prophet and he approved of it.
- May be inferred from his silence and lack of disapproval, or from his
express approval and verbal confirmation.
- E.g: Two Companions went on a journey. When they failed to
find water for ablution, they both performed their prayers with
tayammum (wiping the hands, face and feet with clean sand).
Later, when they found water, one of them performed the
prayers again, while the other did not. Upon their return, they
told the Prophet of their experience, who was reported to have
approved both courses of action.
- Sunnah according to its written record can be divided into two major types:
- Muttasil (The Continued Hadith)
- A complete chain of transmission, whereby the chain of narrators can
be traced.
- It can be further sub-divided into three types:
- Mutawatir: continuously recurrent
- Reported by an indefinite number of people in such a way that
precludes the possibility of their agreement to perpetuate a lie.
- Conditions to be met:
i) Number of reporters in every period or generation must
be large enough to preclude the possibility of
propagating falsehood.
ii) The report must be based on sense perception and
certain knowledge, not mere speculation.
iii) The attainment of certainty is essential and can be
obtained through reports of non-Muslims.
iv) The reporters are not biased and not associated to one
another through a political movement.

- Mashhur: Originally reported by one, two or more companions or from

another companion but has later become well-known and is
transmitted by an indefinite number of people.
- It must have become well known during the period of the
Companions or successors and no later than that.

- Difference between Mashhur and Mutawatir:

- Every link in the chain of transmitters of Mutawatir consists of a
plurality of reporters.
- For Mashhur, the first link consists of one or two companions only.

- Ahad (Solitary Hadith): Reported by a single person or by odd

individuals from the Prophet.
- Conditions to be met:
i) Transmitter is a competent person, a Muslim and an
upright person when reporting.
ii) Transmitter possesses a retentive memory so the report
can be trusted.
iii) The narrator is not implicated in any form of distortion
either in the textual contents of a Hadith or in its chain of
transmitters.
 iv) A transmitter must have met with and heard the Hadith
directly from his immediate source; the report must be
free from subtle errors.

- Ghayar al-Muttasil (The Discontinued Hadith)

- A Hadith whose chain of transmitters does not extend all the way back
to the Prophet and it occurs in three varieties, namely Mursal, Mu’dal
and Munqati.
- Mursal, the main variety: a Hadith which a successor has directly
attributed to the Prophet without mentioning the last link, namely the
Companion who might have narrated it from the Prophet.
- Since the identity of the missing link is not known, it is possible
that he might not have been an upright person.
- Due to these doubts, the ulama’ of Hadith do not accept the
Mursal.

Ijma’

- Definition
- Literal meaning: To determine and to agree upon something
- Technical meaning: The unanimous agreement of the mujtahidun of the
Muslim community of any period following the demise of the Prophet on any
matter.

- Nothing less than a universal consensus of the scholars of the Muslim community as a
whole can be regarded as conclusive Ijma’.
- There is no room whatsoever for disagreement in Ijma’.
- Applies to all juridical, intellectual, customary and linguistic matters.
- Has a quality of permanence and its validity is not confined to a time limit.
- It can only occur after the demise of the Prophet as during his time the Prophet alone
was the highest authority on Shari’ah, thus, the agreement/disagreement of others
did not affect the overriding authority of the Prophet.
- The essence of Ijma’ lies in the natural growth of ideas.
- It begins with personal Ijtihad of individual jurists and develops into universal
acceptance of an opinion over time.

- Purpose:
- Ensures the correct interpretation of the Qur’an, the faithful understanding
and transmission of the Sunnah and the legitimate use of Ijtihad.
- Puts an end to doubt.
 - When it throws its weight behind a ruling, it becomes decisive and infallible.
- Enhances the authority of rules which are of speculative origin.
- E.g: Solitary Hadiths.
- Ijma’ represents authority.

- Requirements:
- There must be a number of mujtahidun present at the time the issue is
encountered. If only a single mujtahid is present, there can be no Ijma’.
- Unanimity is a prerequisite. The presence of a dissenting view precludes the
possibility of Ijma’.
- The agreement must be demonstrated by their express opinion on the issue.
- E.g: Through writing, issuing a fatwa etc.
- Consists of the agreement of all the mujtahidun and not a mere majority as it
must be founded on certainty.

Qiyas

- Definition
- Literal meaning: Measuring or ascertaining the length, weight or quality of
something.
- Technical meaning: The extension of a Shari’ah value from the original case to
a new case because the latter has the same effective cause as the former.

- The original case is regulated by a given text and Qiyas seeks to extend the same
textual ruling to the new case.
- By virtue of the effective case which the original case and the new case have in
common, the application of Qiyas is justified.
- The Qur’an and Sunnah constitute to the sources of Qiyas.

- Requirements:
- The original case on which a ruling is given in the text and Qiyas seeks to
extend it to a new case.
- The new case on which a ruling is needed.
- The effective cause which is an attribute of the original case and is found to be
in common between the original and the new case.
- The rule governing the original case which is to be extended to a new case.
Secondary Sources

Istihsan

- Definition
- Literal meaning: To approve or to deem something preferable
- Technical meaning: A method of exercising personal opinion in order to avoid
rigidity and unfairness that might result from the literal enforcement of the
existing law.

- Involves setting aside an established analogy in favour of an alternative ruling which

serves the ideals of justice and public interest in a better way.
- Where a departure from the existing law may be the only way to obtain fairness.

Istishab

- Definition
- Literal meaning: Escorting or companionship
- Technical meaning: Facts or rules of law and reason, whose existence or non-
existence had been proven in the past, are presumed to remain so for lack of
evidence to establish any change.

- The continuation of that which is proven and the negation of that which had not
existed.
- Presumes continuation of both the positive and the negative until the contrary is
established.

‘Urf

- Definition
- Literal meaning: That which is known
- Technical meaning: Recurring practices which are acceptable to the people of
sound nature.
- A collective practice of a large number of people.
- Conditions:
- Must represent a common and recurrent phenomenon.
- Custom must also be in existence at the time a transaction is concluded.
- Custom must not contravene the clear stipulation of an agreement
- Custom must not violate the nass (definitive principles of the law)
Sadd al-Dharai’

- Definition
- Literal meaning: Blocking
- Technical meaning: Blocking the means to an expected and which is likely to
materialise if the means towards it is not obstructed.

- Blocking the means to evil, not to good.

- Application:
- When a lawful means is expected to lead to an unlawful result.
- When a lawful means which normally leads to a lawful result is used to obtain
an unlawful end.

Maslahah al-Mursalah

- Definition
- Literal meaning: Benefit or interest
- Technical meaning: A consideration which is proper and harmonious to the
objectives of the Shari’ah; it secures a benefit or prevents a harm; and the
Shari’ah provides no indication as to its validity or otherwise.

Syar’un Man Qablana (Law Ordained to the Prophets before Prophet Muhammad)

- Definition:
- To follow existing laws

- It is the laws prescribed for people, before Islam, brought by earlier Prophets, which
was a burden to be followed by the people before the advent of Prophet Muhammad's
Shari'ah.

Qawl Sahabi (The Sayings of the Prophet’s Companions)

- Definition:
- “Qawl” means words
- "Sahabi" means friends
- Together, it is an opinion, or fatwa from Companions of the Prophet, on a case,
the ruling of which cannot be found in the Quran and Sunnah.
- Though it is considered a source of Islamic law, not all scholars agree upon its use.
- The opinion is formed by the Companions when there has been no decided ruling from
the Prophet himself.