Fatwa #70791 November 2002United States of America
What are the main sources of Islamic law ans what role does each play in actual legislation?
Answer
The primary sources of Shari?ah are the Qur?aan and the Sunnah (Ahaadith of Nabi (Sallallaahu Alayhi Wasallam).
Apart from these, Qiyaas (analogy) and Ijmaa (consensus of opinion of the jurists) constitute secondary sources. All of these play an extremely active role in Islamic law. The Fuqahaa (Jurists) have thoroughly analysed these sources and have extracted a set of principles which are actively employed in legislation. These principles are known as al-Qawaaidul Fiqhiyyah (legal maxims) and have been unanimously accepted by the Fuqahaa of Islam.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
Apart from these, Qiyaas (analogy) and Ijmaa (consensus of opinion of the jurists) constitute secondary sources. All of these play an extremely active role in Islamic law. The Fuqahaa (Jurists) have thoroughly analysed these sources and have extracted a set of principles which are actively employed in legislation. These principles are known as al-Qawaaidul Fiqhiyyah (legal maxims) and have been unanimously accepted by the Fuqahaa of Islam.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai