Islamic Studies (General Studies): Sources of Islamic Law and Islamic Philosophy
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Topic 1 — Key Facts for KPK PMS Core concept: The primary sources of Islamic law (Sharia) are the Quran and Sunnah; their secondary sources include Ijma (consensus of scholars), Qiyas (analogical reasoning), and for Shia Muslims, ‘Ilm (knowledge of the Imams) and ‘Aql (reason); understanding these sources is essential for Islamic jurisprudence (Fiqh) High-yield point: The Quran is the literal word of God revealed to Prophet Muhammad (SAW) through Angel Jibril over 23 years (610–632 CE); it contains 114 Surahs; the Sunnah consists of the Prophet’s sayings (Hadith), actions, and approvals (Taqrir); together, these form the Sharia which governs Islamic law and ethics ⚡ Exam tip: The KPK PMS Islamic Studies paper frequently asks about the classification of Hadith (Sahih, Hasan, Da’if), the different schools of Islamic jurisprudence (Madhahib: Hanafi, Maliki, Shafi’i, Hanbali), and the difference between Shia and Sunni approaches to Islamic law
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The Quran: The Primary Source of Islamic Law
The Quran is the literal word of God (Allah) as revealed to Prophet Muhammad (peace be upon him) through the Angel Jibril (Gabriel). It is the eternal, unaltered word of God preserved in its original Arabic form.
Revelation and Compilation
The Revelation:
- The Quran was revealed in Arabic over a period of approximately 23 years (610–632 CE)
- It was revealed during two periods: Makki (610–622 CE) — 86 Surahs revealed in Makkah; Madani (622–632 CE) — 28 Surahs revealed in Madinah
- The revelation was preserved by memorisation during the Prophet’s lifetime; written copies were compiled under Abu Bakr (632 CE) and standardised under Uthman ibn Affan (650 CE)
The Uthmani Manuscript: The Uthmanic manuscript (Mushaf Uthman) is the standardised text used today. When differences in reading arose, Caliph Uthman ordered all other copies destroyed, leaving only the Uthmani manuscript.
The 114 Surahs:
| Category | Number | Characteristics |
|---|---|---|
| Makki | 86 | Short verses; focus on tauhid, akhirah, moral教导 |
| Madani | 28 | Longer verses; focus on law, society, governance |
Key Surahs for Islamic Law:
- Surah Al-Baqarah (2): The longest Surah; contains key rulings on riba (interest), halal, haram
- Surah An-Nisa (4): Women’s rights, inheritance (fara’id), criminal law
- Surah Al-Ma’idah (5): Food, purification, criminal penalties
- Surah Al-Isra (17): Prohibition of riba
The Quran and Islamic Law
The Quran as a Source of Law: The Quran contains approximately 500 verses related to Islamic law (ahkam). Key areas covered:
- Family law: Marriage, divorce, inheritance (Surah An-Nisa)
- Criminal law: Hirabah (disruption of society), qisas (retaliation), diya (blood money)
- Economic law: Prohibition of riba (interest), gharar (uncertainty), hoarding
- Islamic礼仪: Salat (prayer), sawm (fasting), hajj, zakah
The Methodology of Quranic Interpretation (Tafsir):
- Tafsir by scholars: Classical exegesis (Ibn Abbas, Tabari, Ibn Kathir)
- Tafsir by Quran: Understanding the Quran through the Quran (mutashabihat)
- Tafsir by Sunnah: Understanding through the Prophet’s explanation
- Maqasid al-Tashri’: The objectives of Islamic legislation — preservation of religion, life, intellect, lineage, property
The Science of Hadith
What is Hadith? A Hadith is a recorded statement, action, or approval of the Prophet Muhammad (SAW). It is the second primary source of Islamic law.
Components of a Hadith:
- Sanad (chain of narration): The list of narrators linking back to the original source
- Matan (text): The actual content of the Hadith
The Six Canonical Hadith Collections (Sunan al-Kutub al-Sittah):
| Collection | Compiler | Status |
|---|---|---|
| Sahih al-Bukhari | Imam al-Bukhari (810–870 CE) | Most authentic |
| Sahih Muslim | Imam Muslim (821–875 CE) | Second most authentic |
| Sunan Abu Dawud | Abu Dawud (817–889 CE) | Focus on legal hadiths |
| Jami’ al-Tirmidhi | Al-Tirmidhi (824–892 CE) | Legal hadiths and virtues |
| Sunan al-Nasa’i | Al-Nasa’i (830–915 CE) | Focus on hadiths on prayer |
| Sunan Ibn Majah | Ibn Majah (824–887 CE) | Last canonical collection |
Classification of Hadith by Authenticity:
| Category | Description |
|---|---|
| Sahih (Authentic) | Sound sanad with reliable narrators, no hidden defect |
| Hasan (Good) | Reliable sanad but less strong than Sahih |
| Da’if (Weak) | Sanad contains a weak narrator or break in the chain |
| Mawdu’ (Fabricated) | Entirely fabricated; fabricated by individuals |
Conditions for a Sahih Hadith:
- The sanad must be continuous ( narrator to narrator to companion to Prophet)
- Each narrator must be trustworthy (adalah)
- Each narrator must be accurate in memory (dabt)
- The hadith must not contain a hidden defect (ilal)
⚡ Exam Tip: The most authentic Hadith collection is Sahih al-Bukhari, compiled by Imam al-Bukhari. He reportedly travelled over 100,000 miles to collect hadiths and required each hadith to meet 17 conditions before inclusion. He is said to have rejected 990,000 hadiths before selecting the 7,275 that appear in his collection.
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Secondary Sources of Islamic Law and Schools of Jurisprudence
Ijma: Consensus of Scholars
Definition: Ijma is the unanimous agreement of the mujtahidun (independent legal scholars) of a particular era on a legal question after the death of the Prophet.
Types of Ijma:
- Ijma’ al-Ummah: Consensus of the entire Muslim community (claimed by some for major matters)
- Ijma’ al-Mujtahidin: Consensus of qualified legal scholars (the recognised form)
Significance: Ijma is considered the third primary source of Islamic law in Sunni jurisprudence. It provides flexibility and adaptability.
Example: The consensus that the Quran is the eternal, uncreated word of God; consensus on the performance of Taraweeh prayers during Ramadan in congregation.
Qiyas: Analogical Reasoning
Definition: Qiyas is the application of a known ruling (asl) from the Quran, Sunnah, or Ijma to a new case (far’) by identifying the effective cause (’ illa) of the known ruling.
Methodology:
- Identify the new case (far’)
- Identify the original case (asl) and its ruling
- Identify the effective cause (‘illa) of the original ruling
- Apply the same ruling to the new case because the effective cause is present
Example: Prohibition of alcohol is established in the Quran (khamr). The effective cause is intoxication. Applying the same reasoning, all intoxicating substances are prohibited.
The Four Sunni Schools of Jurisprudence (Madhahib)
1. Hanafi School:
- Founder: Imam Abu Hanifah (699–767 CE)
- Base: Kufa, Iraq
- Characteristics: Strong emphasis on Qiyas (analogical reasoning); rationalist approach; preferred by Turks, South Asians, and much of the Muslim world
- Most followed school in Pakistan
2. Maliki School:
- Founder: Imam Malik ibn Anas (711–795 CE)
- Base: Madinah, Arabia
- Characteristics: Strong emphasis on the Sunnah and the practice of the people of Madinah; less reliance on Qiyas
- Predominant in North Africa (Morocco, Tunisia, Algeria)
3. Shafi’i School:
- Founder: Imam al-Shafi’i (767–820 CE)
- Base: Baghdad and later Egypt
- Characteristics: Balanced approach between Hanafi and Maliki; codified the principles of usul al-fiqh (legal theory)
- Predominant in Egypt, Yemen, Southeast Asia
4. Hanbali School:
- Founder: Imam Ahmad ibn Hanbal (780–855 CE)
- Base: Baghdad
- Characteristics: Most conservative of the four schools; strict adherence to Quran and Sunnah; less reliance on personal opinion
- Predominant in Saudi Arabia and Qatar
The Principle of Taqleed: Most Muslims follow one of the four schools (taqleed). A person who follows a school is called a “muhaddith” or simply a follower.
Shia Jurisprudence (Fiqh al-Ja’fari)
Shia Muslims (primarily the Ithna Asheri or Twelve-Imam Shia) follow a distinct jurisprudential tradition:
Differences from Sunni schools:
- Does not recognise the consensus of Sunni scholars (Ijma) as binding
- Does not accept Qiyas as an independent source; instead uses ‘Aql (reason) directly
- The primary sources include the Quran, Sunnah, Ijma, and the teachings of the Twelve Imams
- Hadith collections: Nahj al-Balagha, Usul al-Kafi, Bihar al-Anwar
The Role of the Imams: Shia Muslims believe the Twelve Imams are divinely appointed guides whose teachings are a source of law. The 12th Imam (Mahdi) is in occultation and will return before the Day of Judgment.
Ja’fari Fiqh: Named after Imam Ja’far al-Sadiq (the 6th Imam), whose legal opinions are the most important source for Ja’fari jurisprudence.
The Objectives of Islamic Law (Maqasid al-Sharia)
The concept of Maqasid (objectives) was developed by Imam al-Shatibi and later expanded by Ibn Ashur:
The Five Maqasid:
- Hifz al-Din: Preservation of religion (belief in tawhid)
- Hifz al-Nafs: Preservation of life (prohibition of murder)
- Hifz al-‘Aql: Preservation of intellect (prohibition of intoxicants)
- Hifz al-Nasl: Preservation of lineage (prohibition of zina)
- Hifz al-Mal: Preservation of property (prohibition of theft, riba)
The Hierarchy of Maqasid:
- Daruriyyat (essentials): The five above — must be protected
- Hajiyyat (needs): Facilitations that remove hardship
- Tahsiyyat (improvements): Matters that improve quality of life
⚡ Exam Tip: The Maqasid al-Sharia framework is increasingly used in modern Islamic jurisprudence to address contemporary issues. It allows for flexibility while maintaining the core objectives of the Sharia.
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