The Various Sources Of Mohammedan Law

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Primary or Principal Sources

The Quran : (which is the 'divine communication and revelation to the prophet of Islam) is the first source of Muslim Law. It is the Paramount and universal authority of Mohammedan Law. It is composed of such express revelations as were made in the very words of God to Mohammed when pe was gifted with of the office of Prophet and Messenger of God. As precept and usages of Mohammed were inspired by God, they have the force of law. 18 years after the death of Prophet Mohammed, Quran took its present textual form in which it is divided in 30 chapters and is composed of Ayats. The Quran is not in the form of any definite code. A very small portion of its has a reference to law laying down the broad general principles, concerning with marriage, dower, divorce inheritance etc. but in all matters with which it deals it is the primary and final authority.

Traditions (Ahadis & Sunnat) : After the death of prophet Mohammed, the Mohammedan society was faced with many problems to which the Quran was silent and it was also not possible to refer to Prophet. But during his life time, the prophet pronounced his verdicts, he did certain things and also allowed indirectly the doing of certain other things as permitted by Islam. Consequently ‘what was said or done or upheld in silence by the Prophet1 becomes a primary source of Mohammedan law coming next in importance to Quran. Quran is the express revelation while these traditions are implied revelations in the precepts, actions and saying of the Prophet. They were not written down during the life time of Prophet but were preserved by traditions and handed down by authorized agents. Sunnat generally means what the Prophet did while Ahadis means what he said.

Ijma (Consensus) :Ijma means the consensus (unanimity) of opinion of the companions and followers of the Prophet. Sir Abdul Rahim has defined it as 'the agreement of the jurists among the followers of Mohammed in a Particular age on a particular question'. After the death of Prophet and with expansion of the Islamic influence, a large number of fresh facts, new problems arose which could not be decided by reference only to Quran and Ahadis. The jurists then took the recourse through the Principles of Ijma, that is the consensus of opinion among the companions of Prophet. The reason behind it was that the persons associated with the prophet as his companion must have known by instinct, the Policy of the Islamic law and whether a particular rule or decision was in harmony with Islamic principles. Ijma is the best guide of law and is universally accepted as an authority next after Quran and Ahadis. So it is the third (in time and importance) source of law.