The meaning of Shariah ;
In literal meaning Shariah signifies:
“Wide, Lightened and Straight Path”,
In technical term it embodies the laws and orders ordained by Allah Almighty, through his Prophets. All Prophets came with one Deen but different Shariahs. Islamic shariah is the last and for all times to come.
“And unto thee have We revealed the scripture with the truth confirming whatever scripture was before it and a watcher over it so judge between them by that which Allah hath revealed and follow not their desire away from the truth which hath come unto thee”
The Function of Shariah:
1. To promote “ma-arofat”; Wajbat, Matlobat, Mubah
2. To prohibit from Munkrat ;Haram, Makroh
Sources of Islamic Shariah:
Difference between Shariah and Fiqh;
Shariah is a wider term whereas Fiqh is a narrow and definite term. Unlike shariah Fiqh deals with Islamic practices and regulates those practices where as Shariah, a more generic term deals with both Islamic faith and practices. When we talk of Sources of Islamic Shariah we are in reality referring to sources of Islamic Fiqh.
These sources may be divided into two categories.
1. Primary sources of Islamic law
2. Dependent sources of Islamic Law
Ø Custom, etc
In literal meaning it means “the book frequently read”, another meaning of Quran is “Mankind” as the topic of the book is human beings and humanity.
In term it means The Holly Book reveled by Allah to Our Holly Prophet (peace be upon him) which is the main and primary source of Islamic law.
It is the book lying down the basic framework and out lines related to all kind of laws. The regulations and legal orders and Laws are mainly referred to in Sura Al-Baqra, Alnisa, Al’e Imran,Al-Maida,Al-Talaq,and Bani Israil but it is not restricted to any specific part or Surahh.
“Lo! We revealed unto the scripture with the truth and thou mayst judge between mankind by that which Allah showeth thee. And be not thou a pleader for the treacherous.”
“Who so judgeth not by that which Allah hath revealed such are disbelievers.”
“Verily we have brought them a Book which We expound with knowledge a guidance and a mercy for a people who believe.”
The kinds of Verses:
Ø Explicit; apparent
Ø Implicit; capable of interpretation
Important Characteristics of Quran as main source of law ;
Ø Quran is the Constitution
It has same supremacy over general laws and other sources which a constitution has over general laws.
Ø Unalterable Nature of Quran.
“This is the Book whereof there is no doubt, a guidance unto those who ward off (evil).”
Ø arrangement of Quran
Moulana Behr-a-alum says in “Sharha Muslim-al-sabut”
“The arrangement of Quran which we see today is proved by Holy Prophet Muhammad, and All Ummah has agreed upon its originality.”
Sir William Myor says that the life of Muhammad (PBUH) Quran had been put on paper and the Followers of the Holy prophet contained it with them.
literal; way path, Road
Term; practices and words of the Holly Prophet (PBUH)
Difference between Hadith and Sunnah
Hadith means “that which is narrated” where as sunnah includes both words and practices.
Thus Sunnah can be put in three types;
1.The sayings or words of the Prophet.
2.The deeds and practices
3.The conduct of the Holly prophet ;tacit or implied consent on a matter.
Hadith As source of Law:
Ø Binding nature of Sunnah:
“We sent no messenger save that He should be obeyed by Allah’s leave and if when they had wronged them selves, they hath but come unto thee and asked for forgiveness of Allah and asked forgiveness of the messenger, they would have found Allah forgiving, merciful.”
Explanation of Quran :
1.By giving it specific or particular meaning
2.By supplementing legal provisions of Holly Quran
“Allah verily hath shown grace to the believers by sending unto them a messenger of there own who recites unto them his revelations, and causes them to purify and teaches them the Book and wisdom, although before they were in flagrant error.”
Ø Enforcement of Quran by Holy Prophet:
Ø Authority derived from Quran:
“Lo! Upon Us resteth the putting together thereof and the reading thereof. And when We read it, follow thou the reading.Then Lo! Upon Us resteth the explanation thereof.”
(Al-Qiyama 17, 18, 19)
Ø Avoidance of conflicts:
“With clear proves and writings; and we have revealed unto thee the remembrance that thou mayst explain to mankind that which hath been revealed for them, and that haply they may reflect.”
Ø Detailed nature of Sunnah.
Ø Providing Certain exceptions to general rules
Compilation of Hadith:
Era of Holly Prophet and Umer: efforts on individual level.
Bni Abbas period: Hadith developed on systematic basis
Third phase: compilations of
Masnads: collected according to narration
Editions: in which Hadith collected according to
Authenticated books of Hadith
Ø Sahi bukhari by Imam Ismail Bukhari which contains 10.000 Hadit
Ø Sahih Muslim by Muslim Abu Hasan Neshapuri which contains 7,000 Hadith
Ø Sunan e Ibne Majah by Ibne Maja
Ø Sunan e Abu Dawood by Abu dawood
Ø Jama Tirmizi by Tirmizi and
Ø Sunane Nis’ai by Nis’ai
Difference between Quran and Sunnah
Classification of Traditions
Ø With regard to legal force
Ø With regard to number of narrators
Continuous or matwatar
Famous or Mashhoor
Isolated or Khabr-e-Wahid
Ø According to form
Ø As to mode of Narration
Connected or Hadith-e-Mutasil
Disconnected or Hadith-e-ghair Mutasil
Rules for Authenticity of Hadith:
Ø Hadith must be continuous
Ø It must be in conformity with Quran and Practices of the Companions
Ø Narration of jurists is preferred over non jurists
Ø Narration of well known and honored people is preferred over unknown
Ø Hadith must be narrated by a Muslim
Ø Narrator must be major , sane and with good memory
Ø Moral character of narrator is relevant
Ø Narration of man is preferred over women, of freeman over slave