Basically, the primary source of Islamic law is are Quran, The Sunnah, The Ijma and The Qiyas. The Secondary sources are Istehsan, Istislah, Ijtihad, and Taqlid. A custom that make a mid-way between the primary and secondary law so it also be a source of law in Islam.
How Many Sources of Islamic Law?
There is two main sources of Islamic law such as Primary
- The Holly Quran
The Holly Quran Is the first and primary source of Islamic law. Quran is important in point of time as well as in importance, it is full of illustration and all these illustration have become the basic of Islamic Law.There are different parts in Quran such as legislative part, the legislative part of the Quran is the model illustration of all other legislation and it does not constitute a legal code by itself.
- The Sunnah
The second important one is the Sunnah. The Sunnah belong to the behavior of Prophet (PBUH). Muhammad peace be upon him is an ideal for the Muslim community. Sunnah gives the shape to the Quranic teachings. As the decision taken by the Prophet (Peace be upon him) were elevated by God in this way the acceptance of this condition are the fundamentals of the faith for a Muslim.
- The Ijma
Ijma is the third source of Islamic law. It is the agreement of jurist among the followers of Muhammad (P.B.U.H) in a particular age on a particular question. It has various kinds.
- Ijma of the companion of the Prophet (P B U H) which is universally accepted throughout Islamic words and there are unrepealable.
- Ijma of the Jurists.
- Ijma of the people (The general body of the Muslim).
It cannot be Questioned or challenged by any individual Jurist when it is completed. But it may be reversed or modified by the Ijma of another era in the same or subsequent era / age
The analogical dedication is said to be a Qiyas. Actually the Qiyas is a systematic and devolved form of Ray. No doubt there is best source of Islamic law are Quran and Sunnah but due to the ever changing in life there must be some other law to deal the problem comes by these changing.
Imam Shafi considered Qiyas weaker than Ijma. He is the view Qiyas should be applied when there is no other alternative left. Qiyas discovered law but does not create new law. Qiyas widened the application of law contained in the text.
This is the second source of law in Islam. Secondary sources are further divided into following types.
Imam Abu Haifa called it juristic preference, in fact, it is a law of experience, it prescribes what ought to be the law rather then what law is.
The literal meaning of Istehsan is preferring of considering a thing to be good.
Another secondary source of secondary law is known as Istislah. It may be said the doctrine of public goods. Imam Malik introduced this doctrine. This is somewhat somewhat similar to juristic equity or reference. Istislah is generally based on the consideration of public good and public interest, but it is not a specifically defined in the Shariat.
Condition to use of Istislah:
There are some condition regarding to the use of Istislah.
- The issue on which maslehah is intended to be exercised should not be related to religious affairs but to worldly affairs.
- Care should be taken to see that such a policy or maslehah is in according to the sharia.
- Istislah should refer to the problems related to the necessities of life and not the luxuries.
Istidlal is the third source of secondary Muslim law. it generally meaning the inferring a thing from another thing, the word less or more in the sense of connection with the rule of interpretation used by Hanifi jurist. But on other hand Malikies and Shafi’s Istidlal is the name for a distinct method of juristic ratiocination not falling within the scope of interpretation of analogy.
Ijtehad literally meaning striving, it may describe as the application of the lawyer of all his faculties to the consideration of the authority of the law on another word it may explained by a matter not covered or determines by Ijma.
According to the case of Muhammad Ameer vs. the Islamic Republic of Pakistan, Ijtihad is permissible only in the field where no rule of injunction from Holy Quran or Sunnah is available.
Taqleed meaning following the opinion of another person without knowledge of the authority for such opinion.
A long time practices of anything in a specific place in a specific era may become a law in lateral time so custom is also be a source of Islamic law under the principle of Istehsan or juristic preferences.