7.1 Sources of Islamic Law

Sources of Islamic Law

Quick Answer: For LAW-GAT’s Islamic Jurisprudence (5 marks), master the classical hierarchy of sources taught in Pakistani LLB outlines (Nyazee-oriented usul al-fiqh): (1) Quran, (2) Sunnah (Hadith), (3) Ijma, (4) Qiyas. Know what each source is, how they rank when they conflict or interact, and the short definitions of secondary methods (istihsan, maslaha, 'urf, sadd al-dhara'i).

Why Sources Dominate This 5-Mark Domain

Islamic Jurisprudence on LAW-GAT is almost entirely definition and classification work. Examiners do not ask you to draft a fatwa. They ask which source is primary, what Qiyas requires, what Ijma means, or which label matches a short description. Treat the source hierarchy as a closed flashcard set—the same way English Jurisprudence treats Salmond’s definitions.

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The Classical Four-Source Hierarchy

Hierarchy rules you must recite

1. Nothing overrides a clear Quranic text on the same point (subject to recognized interpretive methods, including naskh—see Section 7.3).
2. Sunnah elaborates, specifies, and applies the Quran; it does not sit “above” the Quran.
3. Ijma cannot validly contradict the Quran or established Sunnah; it operates where texts need collective determination or where a ruling has crystallized by consensus.
4. Qiyas is subordinate: it extends rulings already grounded in Quran, Sunnah, or Ijma; it does not invent a rule against a clear text (nass).

Memory line: Quran → Sunnah → Ijma → Qiyas (primary four). Secondary tools come after these and within their limits.

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1. The Quran (Primary Source)

The Quran is the word of Allah revealed to the Prophet Muhammad (peace be upon him), preserved as the foundational textual source (asl) of Islamic law. In usul terms it is the first and highest source of hukm shar'i (Sharī'ah ruling).

Exam-safe points

What MCQs usually test

• Quran is the primary source—not “equal first” with custom
• Quran is revelation, not “mere literature” or “only ethics”
• Detailed application often needs Sunnah even when the Quran states a principle

Trap: Options that place 'urf (custom) or maslaha above a clear Quranic ruling are wrong in the classical hierarchy taught for LAW-GAT.

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2. The Sunnah (Hadith) — Second Primary Source

Sunnah means the Prophet’s normative practice: sayings (qawl), actions (fi'l), and tacit approvals (taqrir). Hadith is the report transmitting that Sunnah. In exam language the two terms are often paired as Sunnah (Hadith).

Functions of the Sunnah relative to the Quran

Classification cues (MCQ level)

Exam rule: Sunnah is second after the Quran, not optional biography. A weak report is not treated like a definitive Quranic nass.

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3. Ijma (Consensus)

Ijma is the agreement (consensus) of the mujtahids of the Muslim community after the death of the Prophet on a particular legal ruling (hukm shar'i) in a given age (definitions vary slightly by school; LAW-GAT uses the standard textbook core).

Elements to memorize

1. Who: Qualified jurists capable of ijtihad (not every lay Muslim’s opinion)
2. When: After the Prophetic era (the Prophet’s own determination is Sunnah, not “ijma of Companions” in the same technical slot—though Companion consensus is often discussed as a strong form)
3. What: A specific hukm on a legal issue
4. Effect: Once validly established, classical theory treats Ijma as authoritative and not open to casual reopening

Types (short list for options)

Trap: Ijma is not “public opinion polls,” “majority of parliament,” or “custom of traders” without the juristic consensus framing.

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4. Qiyas (Analogical Reasoning)

Qiyas is analogical deduction: giving a new case the same ruling as an original case because both share the effective cause ('illah).

Four pillars (arkan) of Qiyas — highest-yield table

Classic classroom illustration (structure only)

• Asl: wine (khamr) forbidden
• Hukm: prohibition
• 'Illah: intoxicating effect (in the standard teaching example)
• Far': another intoxicant sharing that 'illah
• Result: prohibition extends by Qiyas

Limits of Qiyas

• No Qiyas against a clear nass (text) on the point
• 'Illah must be identifiable (not pure whim)
• Some domains are treated as non-analogizable in stricter school views (exam may only ask the general definition)

Trap: Qiyas is not “personal taste,” “equity alone,” or “public vote.” It is rule-extension by shared 'illah.

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Relationship Hierarchy (How Sources Interact)

Primary vs secondary (exam vocabulary)

Secondary methods are not free-standing rivals to the Quran. They are techniques and considerations used by mujtahids within the framework of the primary sources.

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Secondary / Supplementary Methods (MCQ Level)

Pakistani LLB Islamic jurisprudence (Nyazee-style outlines) expects short definitions. Depth is limited; accuracy of labels wins marks.

1. Istihsan (Juristic Preference)

Istihsan is a jurist’s preference for a stronger ground over a strict apparent analogy—choosing a solution supported by a stronger text, consensus, necessity, or hidden analogy when rigid Qiyas would lead to hardship or weaker result. Especially associated with Hanafi methodology in teaching materials.

2. Maslaha / Maslahah Mursalah (Public Interest)

Maslaha means benefit / public interest. Maslahah mursalah refers to unrestricted public interest not expressly affirmed or rejected by a specific text—used (especially in Maliki and broader usul discussions) to secure benefits and prevent harm consistent with Sharī'ah objectives.

3. 'Urf (Custom)

'Urf is customary practice recognized as a basis for rulings in matters where the Sharī'ah has not fixed a contrary rule—especially commercial and social habits, provided the custom is sound (not corrupt) and does not contradict nass.

4. Sadd al-Dhara'i (Blocking the Means)

Sadd al-dhara'i means blocking lawful means that lead predominantly to unlawful ends. If an act is outwardly permitted but reliably opens the door to haram, the law may prohibit the means to protect the end.

Quick secondary-methods card

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Worked MCQ Logic (Source Stems)

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Key Takeaways

• Memorize the order: Quran → Sunnah → Ijma → Qiyas
• Quran is supreme primary text; Sunnah explains and applies
• Ijma = juristic consensus; Qiyas = analogy via 'illah (four arkan)
• Secondary methods are supplementary, not rivals to nass
• LAW-GAT rewards precise labels, not long philosophical essays