Islamic Law Essay

Quran and Sunnah are the fundamental sources of Islamic Shariah. When the solution to the arising problems is not available in these sources, Ijtihad is used to reach an appropriate solution in Islamic jurisprudence. Secondary sources of Islamic Shariah like Ijma, Qiyas, Istihsan and Maslahah are also forms of Ijtihad. These secondary sources provide a sequence and a data base to the Mujtahid to reach to a solution of a problem in the most appropriate way and at the same time assist in formulation of Islamic law and development of system of Shariah as a whole. Introduction Quran and Sunnah (in the form of Hadith) are the two fundamental sources of Shariah. Generally the definition and acceptability of all other sources of Shariah varies in various sects of Islam. According to Sunni school of thought, the fundamental sources of Islam include Quran, Sunnah and Ijtihad, whereas according to Shiite school of thought, Quran and Sunnah are the only authentic sources of Shariah and Ijtihad can only be a contributing factor and that too only in some circumstances. Ijtihad can be defined as use of one’s own utmost abilities in deriving secondary opinions from the four fundamental sources of Islamic law, namely Quran, Sunnah, Ijma and Qiyas†. Can the Secondary Sources be Characterized as Forms of Ijtihad In the eyes of majority of Muslim scholars, especially Sunni Muslims, all the secondary sources including Ijma, Qiyas, Istihsan and Maslahah are forms   of Ijtihad. Rather all these secondary sources in one form or the other contribute towards Ijtihad. For example, in case of an event for which no authentic proof is available in Quran and Sunnah, the only option available is Ijtaihad. This Ijtaihad will either be supported by consensus of different learned scholars of Islam, or it will be done by comparing and drawing similarities or differences in the different events of past which occurred during the times of Prophet or His companions. In case no previous event is available, and consensus does not occur among the scholars on the issue, then the only way out is to either look for the ‘good by one’s own deliberations’ (Istihsan) or to determine what is in the interests of human welfare (Istislah or Maslahah). Therefore, it will not be wrong to say that all the four secondary sources can be characterized as forms of Ijtihad and all contribute towards it. Importance of Having so Many Different Sources to Represent Ijtihad Ijtihad is a very complex phenomenon and that is why, very strict criteria have been set in Islam for a person to be a Mujtahid. Therefore, while making a judgment a Mujtahid needs to evaluate the available data before he proceeds to make a judgment. Now the most authentic and fundamental sources i. e. Quran and Sunnah have already been ruled out for the reason that if a solution was present is those sources, there was no need for Ijtihad. In the absence of those two sources, a Mujtahid needs some additional sources in order to formulate the judgment, though Quran and Sunnah must be kept at the back of the mind. These additional sources like Ijma, Qiyas, Istihsan and Maslahah provide the Mujtahid with a data base and a sequence to analyze the event and lead him logically to an acceptable solution which is not conflicting with the teachings of Quran and Sunnah. Therefore, it is extremely important to have multiple sources to represent Ijtihad. Importance of Secondary Sources in Creating Law and Development of System of Shariah While studying the Islamic law, one must keep in mind that the times have changed a lot since the era of Prophet Muhammad and with the passage of time many situations came up which were not there in the times of Prophet. For example in the times of Prophet, there was not concept of photography and only thing that was available was â€Å"Tasweer† that is the hand painted pictures and the person who made those pictures was known as â€Å"Mussawir†. The Prophet prohibited the â€Å"Tasweer† in that time and He was quoted as saying that a person who will make a â€Å"Tasweer† will be asked on the Day of Judgment to bring life into that â€Å"Tasweer†. Today, we know that in the present era photography is a compulsion in passport and identity cards etc. Therefore, Islamic scholars reached a conclusion through Ijtihad that what was prohibited was â€Å"Tasweer| and not the photography. Photography, as per modern science, is actually the image preserved on a paper and even the companions of the Prophet used to see the image in mirror or in the water, so according to scholars, it is not prohibited in Islam. Similarly there are many other problems which needed solution in the present time due to modernization and advent of technology. If these secondary sources were not used in creation of Islamic law, the Islamic law will become stagnant and will not be able to meet the requirements of changing scenario and modern developments of science and technology. Hence, the basis characteristics of these secondary sources i. e. consensus, measurement and comparison, equity and public policy are all extremely important in formulation of Islamic law. Side by side, it will also help in development of system of Shariah as a whole so as to meet the requirement of pragmatism, practicality and need of the changing times. Conclusion According to Holy Quran, Prophet Muhammad has been sent as a Prophet for whole universe and this is not possible till the time his teachings are applicable to all the times. This applicability for all the times is only possible if the teachings can be interpreted according to changing times. All this is only possible through these secondary sources, if used correctly in accordance with the basic teachings of Quran and Sunnah. Hence, these secondary sources are part and parcel of Islamic law and must be taken as such. References References have not been cited as per the requirement of the client. Original language has been used without quotations.