The sources of Muslim law are divided into two categories: primary sources and secondary sources. The primary sources include the Quran and the ahadees or sunnah. The secondary sources are ijma, qisas, customs, legislation and precedent.
(1) Quran- the Quran is the most important source of law and has priority over all other sources of law.
(2) Sunnah- the ahadees or the sunnah or the traditions of the Holy Prophet supplement the Quran in laying down various legal provisions. The hadees considered authentic by the Sunni school are greater in number as compared to the Shia school which rejects hadees not transmitted by reliable narrators.
The Quran and the sunnah, together form the primary sources of law. The secondary sources are used only when the primary sources are silent on any topic. These are as follows:
(1) Ijma- ijma or the consensus of the jurists is the third important source of law. Where a topic is not covered by the Quran and hadees, then the consensus of jurists is taken into account.
(2) Qisas- qisas refers to analogical deductions. In the absence of any clear mention in the Quran and sunnah, deductions on legal issues can be made by analogy. This source of law is not acknowledged by the Shia school.
The Maliki school of law also accepts public good as a source of law. This is rejected by the Shafi school. The Shafi school includes textual indications or seeking guidance from the source as a source of law. These are tertiary sources of law and not followed by the Shia school
(3) Urf or Customs- urf means to know, so long standing customary practices also make a secondary source of law. For custom to be given the status of law, it should be antique, continuously observed, not opposed to public policy or law, moral, generally known to the section of the people involved.
(4) Legislation- laws formulated by a competent legislative body including secular laws that govern the residents and citizens of a country. This is a modern source of law.
(5) Precedent- the binding decisions of a superior court are also a modern source of law for issues arising out of similar cases.
(1) Quran- the Quran is the most important source of law and has priority over all other sources of law.
(2) Sunnah- the ahadees or the sunnah or the traditions of the Holy Prophet supplement the Quran in laying down various legal provisions. The hadees considered authentic by the Sunni school are greater in number as compared to the Shia school which rejects hadees not transmitted by reliable narrators.
The Quran and the sunnah, together form the primary sources of law. The secondary sources are used only when the primary sources are silent on any topic. These are as follows:
(1) Ijma- ijma or the consensus of the jurists is the third important source of law. Where a topic is not covered by the Quran and hadees, then the consensus of jurists is taken into account.
(2) Qisas- qisas refers to analogical deductions. In the absence of any clear mention in the Quran and sunnah, deductions on legal issues can be made by analogy. This source of law is not acknowledged by the Shia school.
The Maliki school of law also accepts public good as a source of law. This is rejected by the Shafi school. The Shafi school includes textual indications or seeking guidance from the source as a source of law. These are tertiary sources of law and not followed by the Shia school
(3) Urf or Customs- urf means to know, so long standing customary practices also make a secondary source of law. For custom to be given the status of law, it should be antique, continuously observed, not opposed to public policy or law, moral, generally known to the section of the people involved.
(4) Legislation- laws formulated by a competent legislative body including secular laws that govern the residents and citizens of a country. This is a modern source of law.
(5) Precedent- the binding decisions of a superior court are also a modern source of law for issues arising out of similar cases.
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