Sources of Muslim Law

1. Table of Contents

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   Introduction

Muslim law, also known as Islamic law or Sharia, is one of the oldest systems of law in the world. It is not only a set of legal rules but also a complete code of life that guides a person’s conduct — moral, social, spiritual, and legal.

Unlike modern legal systems made by legislatures, Muslim law is divinely inspired, based on the teachings of the Qur’an and the Prophet Muhammad (peace be upon him). Over centuries, Muslim jurists interpreted and developed these teachings into a systematic body of law that governs marriage, divorce, inheritance, contracts, crimes, and personal behavior.

2. Meaning of Muslim Law

Muslim law is the law that is based on the commands of God (Allah) as revealed to Prophet Muhammad. It covers both —

• Acts of worship (Ibadat) such as prayer, fasting, charity, and pilgrimage, and
• Human dealings (Mu’amalat) such as family, trade, property, and justice.

In India, Muslim law is applied mainly as personal law, meaning it regulates family matters like marriage, divorce, maintenance, succession, and guardianship for Muslims.

3. Classification of Sources

By the sources of any law, we mean the original materials where the contents of that law are to be found and are made available to us.

The sources of Muslim law can be divided into two broad categories:

1. Primary (Original/ancient) Sources – [which have divine or authoritative origin] Primary source are those which the Prophet himself directed to be the sources of Muslim law. The sources are, therefore, of highest quality and importance in their respective order.
2. Secondary (Supplementary/Modern) Sources – which explain, interpret, and apply the primary sources to new situations.

4. Primary Sources of Muslim Law

(A) The Qur’an — The Supreme Source

• The word Qur’an is derived from the Arabic word ‘Qurra’ and properly signifies, “the readings” or “that which ought to be read”.
• It contains the very words of god as communicated to prophet mohammad through Angel Gabriel.
• It is the basis on which the very structure of islam rests upon.
• Quran regulates the individuals, social, secular, and spiritual life of muslim.
• It is the first and the paramount source of muslim law.
• Quran is the holy divine book of muslims. It contains 6000 verses divided into 3 parts and 114 chapters.
• Codified by Abu Bakar.
• Origin of Quran 622 A.D.

(B) The Sunna or Ahadiz — Sayings and Practices of the Prophet

Sunna

• The term “sunna” literally means a procedure or a way of a action i.e., some kind of practice and precedent.
• Sunna was written by Assistant successor of Mohd. Pegambar.
• In muslim law, it has come to mean as the deeds and the practices of the prophet.

Thus, the quran is said to contain the very words of God, while the sunna embodies the practices, deeds & actions of Islamic religion.

• Sunna was based on conduct and behaviour of prophet.
• Whatever the prophet mhd. said or did without reference to god is treated as his traditions and is the second source of muslim law.
• Where the words of god could not supply an authority for a given rule of law. Prophets own words were treated as an authority because it is believed that even his own sayings derived inspiration from god.

Sunnat has three classes:-

• Sunnat –Ul-Kaul : Words spoken

Which literally lecture of prophet mhd./ means the utterances or the sayings of prophet mohammad.

• Sunnat-ul-fail: Conducts of prophet mhd

Which includes the doingd of prophet.

• Sunnat-ul-taqrir: silence of prophet

Which is the silence of the prophet in answer to a question which was put before him for a decision.

Silence amounted implied consent or approval of a rule of law.

Ahadiz:

It means story baased on event narrated by prophet.

Ahadiz classified into 3 categories:-

• Ahadiz-ae-mutafir:

These are universal (majority) rituals.

• Ahadiz-ae-mazhoor:

There are popular custom.

• Ahadiz-ae-Ahad:

Rare custom.

(C) Ijma — Consensus of Muslim Scholars

• Ijma was third source of law, both from the point of time and importance.
• The Qur’an and the Sunnah look to the past while the Ijma and Qiyaz deal with the future of the Islamic jurisprudence.
• Ijma developed after the death of the Prophet, While the Qur’an and traditions could not supply any rule of law for a new problem, the ‘law-knowing persons’ used their common opinion over that point.
• Ijma was opinion of spiritual head and majority. Thus literally means similarities in opinion.
• Person’s having knowledge of law are called mujtahids (jurists) such consensus opinion or unanimous decisions of the jurists were termed as Ijma.
• According to Abdur Rahim (a legal Scholar), Ijma may be defined as the agreement of the jurists among the followers of the prophet mhd. On a particular question.
• This source of muslim law has played a very important role in the subsequent development of muslim law.

Because through Ijma it was possible to lay down new principles in accordance with the changing needs of Islamic society.

Kinds of Ijma:

• Ijma of Jurists
• Ijma of companions of prophet
• Ijma of People

(D) Qiyas — Analogical Deduction

• In Arabic language Qiyas means ‘measurement’. In other words Qiyas means ‘reasoning by analogy/ to establish an analogy’.
• If there is any problem before the society on which texts (Qur’an, Sunnah, and Ijma) do not provide a direct answer then under qiyas Jurists apply an existing rule from these sources to get the law on the new case based on similarity of reason or principle (‘illah).

Example:

• The Qur’an forbids wine because it intoxicates.
• By analogy (Qiyas), jurists extended the prohibition to all intoxicating substances like drugs or alcohol.

5. Secondary Sources of Muslim Law

Besides the four primary sources, several secondary sources have also influenced the growth of Muslim law over centuries.

These are not divine, but they help apply the law in practical life.

(A) Legislation

• Although, whole Muslim law is not yet codified in india yet, But there are certain legislation which deals in muslim laws.
• In India, muslims are also governed by the various legislation passed either by parliament or by state legislature.

God is the supreme legislature as per Islam. Thus, legislation brings some modifications which are as follows:

• Religions Toleration Act,
• Sariyat Act, 1937
• Muslim waqf board regulation act, 1913-1939
• Protection of rights of muslim Women on Divorce Act, 1986

(B) Justice, Equality and Good Conscience:-

This post name Isti–hasan by Abu- halif and have importance in muslim law.

Istihsan

Istihsan represents the spirit of fairness and humanity in Islamic jurisprudence.

(C) Custom (Urf or Aadat)

Custom (Urf) refers to long-established social practices accepted by the community.
If a custom is not against the Qur’an or Sunnah, it can be recognized as law.

Example:

Local marriage ceremonies, dowry customs, or property practices that don’t contradict Islam are respected under Muslim law.

Custom ensures that Islamic law reflects local traditions and social realities.

(D) Judicial Decisions and Precedents

Generally, laws are applicable on muslims on Personal laws for Personal matters.

This includes the decisions of Privy Council, SC as well as HC’s of India.

In deciding particular cases, the judges enunciate what law is, or apply.

These decisions are regarded as the precedent for the future case, and the courts are bound to follow the precedents.

6. Schools of Muslim Law and Their Influence

Different interpretations of the Qur’an and Sunnah by early scholars gave rise to various schools of law (madhhabs).

Sunni Schools:

1. Hanafi – founded by Imam Abu Hanifa; most liberal and followed in India.
2. Maliki – emphasizes the customs of Medina.
3. Shafi’i – focuses on strict adherence to texts.
4. Hanbali – most conservative and literal.

Shia School:

• Ja’fari (or Ithna Ashari) – based on the teachings of Imam Ja’far al-Sadiq; emphasizes reason (aql) and the sayings of the Imams.
• Ismailiya
• Zaidyas

7. Characteristics of Muslim Law

1. Divine Origin: Based on revelation from God.
2. Comprehensive: Covers spiritual, moral, and legal life.
3. Flexible: Adapts through Ijma, Qiyas, and public welfare.
4. Equitable: Focuses on justice and compassion.
5. Universal: Aims to benefit all humanity.

8. Conclusion

The sources of Muslim law together form a balanced and living system of justice.
The Qur’an provides the foundation, the Sunnah explains it, Ijma unites the scholars, and Qiyas extends it to new problems.
Through secondary sources like legislation, judicial decisions and Custom, it remains flexible and humane.

Muslim law is not a rigid code but a moral-legal framework built on divine wisdom and human reasoning.
Its essence lies in achieving justice (Adl), mercy (Rahmah), and public welfare (Maslahah) — the ultimate goals of Islam.

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