Sources of Legal Injunction in Islam

In Islam, Allah alone is the sovereign and it is He who has the right to ordain a path for the guidance of mankind. Thus, it is only Syariah that liberates man from servitude to other than Allah. This is the only reason why Muslims are obligated to strive fro the implementation of that path, and that of no other path.

Allah Says :“ We made for you a law, so follow it, and not the fancies of those who have no knowledge” (65:18).

The absolute knowledge which is required to lay down a path for human life is not possessed by any group of people. In the words of Sayyid Qutb, “They are equipped with nothing but fancies and ignorance when they undertake the task which is no concern of theirs and does not properly belong to them. Their claim to one of the properties of divinity is a great sin, and great evil.

Islamic legal injunction, originated from the direct commandment of Allah, but there is the provision or power given to man in order to interpret and expand Divine commandment, by means of analogical deduction (qiyas) and through other processes. Unlike the Roman Law which developed from the actionor English Common Law ehich developed from the writs. The very first source of Islamic legal injunction is the Holy Quran. Authority of the Qur’an

1. It is the actual speech of the Creator, and therefore is free from errors and
human deficiency.
Muhsin Khan: And if anyone of the Mushrikun (polytheists,
idolaters, pagans, disbelievers in the Oneness of Allah) seeks your
protection then grant him protection, so that he may hear the Word of
Allah (the Quran), and then escort him to where he can be secure,
that is because they are men who know not. [Surah At-Tawbah, 9:6]

2. The Lord guaranteed the preservation of the Qur’an, and therefore it remains
in its original form since the stage of revelation.
Muhsin Khan: Verily We: It is We Who have sent down the Dhikr
(i.e. the Quran) and surely, We will guard it (from corruption) [Surah
Al-Hijr, 15:9]
The word “Dhikr” in this ayah is translated as remembrance the
majority of the time. The more correct translation is the Qur’an
for this situation.

3. The Qur’an with no doubt was transmitted to us in a continuous testimony
(Tawaatur) which makes it Qaati’ (definitive) in its constancy and leaves no
room for speculation about its authenticity.
4. The Qur’an was revealed to rule by and judge according to its ruling.
Muhsin Khan: Surely, We have sent down to you (O Muhammad
SAW) the Book (this Quran) in truth that you might judge between
men by that which Allah has shown you (i.e. has taught you through
Divine Inspiration), so be not a pleader for the treacherous. [Surah
An-Nisaa’, 4:105]
Muhsin Khan: And We ordained therein for them: "Life for life,
eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds
equal for equal." But if anyone remits the retaliation by way of charity,
it shall be for him an expiation. And whosoever does not judge by
that which Allah has revealed, such are the Zalimun
(polytheists and wrongdoers - of a lesser degree). [Surah Al-
Maidah, 5:45]

Infact, it is very risky to undertake the interpretation of the Holy Quran on the basis of a personal opinion without reference to the authorities. The prophet (pbuh) has warned :

“ Whosoever said anything in the matter of the Quran according ti his own thoughts or anything about which he did not know, he is making his residence in the fire of hell”

Therefore, before a person should take up Tafsir-Writing, he should ; 1) possess a sound and thorough knowledge of the Arabic language because, as Mujtahid has said: “ Tafsir is not permissible for one who is not an Alim in the Arabic language, 2) be well-grounded in Ilm-al-Maani (knowledge of Rhetoric), 3) have a sound and thorough knowledge of the Hadith literature and the science of Hadith, 4) Should have an ability through the knowledge of the Hadiths, to recognize which is mubham (ambiguous) and to elaborate on that which is mujmal (brief or abridged) 5) have a sound knowledge of Asbab al-nuzul ( Reasons for revelatiom) of the different verses from Hadith 6) have a thorough knowledge of Nasakh and Mansukh (abrogation of one verse by another) 7) possess good knowledge of usul al-Fiqh( Principles of Islamic Jurisprudence) 8) possess knowledge of Ilm-al-Tajwid ( the science of recitation of the Quran) and 9) be a man of taqwa (piety).

Besides the above requirements, there are others as well which a person should possess before he can be as a Mufassir. Thus, it is indicated that it is not easy for muslim scholars to derive their own legal injunction for the requirements to be a Mufassir are strict.

The second source is the Sunnah or the practice of Prophet Muhammad (pbuh) who has rightly explained :

“ I leave two things for you. You will never go stray while holding them firmly. The Book of Allah and the Sunnah of His prophet ” . Sunnah means all that is narrated from the Prophet sal’Allaahu ‘alayhi wasallam , his acts, his sayings and whatever he has tacitly approved.




Hujjiyyah of the Sunnah (The Proof Value)
Definition:. Hujjiyah is the proof value of the Sunnah as a source of law into the legal
theory.The conduct of the Messenger of Allah sal’Allaahu ‘alayhi wasallam was meant to
establish a rule of Shari’ah and constitute a binding ruling. There are from:

1)The Qur’an : Muhsin Khan: What Allah gave as booty (Fai') to His Messenger
(Muhammad SAW) from the people of the townships, - it is for Allah, His
Messenger (Muhammad SAW), the kindred (of Messenger Muhammad
SAW), the orphans, AlMasakin (the poor), and the wayfarer, in order that
it may not become a fortune used by the rich among you. And
whatsoever the Messenger (Muhammad SAW) gives you, take it,
and whatsoever he forbids you, abstain (from it) , and fear Allah.
Verily, Allah is Severe in punishment. [Surah al-Hashr, 59:7]
2) The Sunnah: “Indeed I was given this Qur’an and something similar to it (Sunnah).”
3) Practice of the Sahaba: It was reported that the first Muslim Caliphs have issued instructions to their deputies and judges around the state in which they asked them to
follow the Sunnah of the Prophet sal’Allaahu ‘alayhi wasallam whenever they
could not find the answer in the Qur’an.
4) Ijmaa’ : Muslim jurists are unanimous on the fact that Sunnah is a source of
Shari’ah, and that it stands on the same footing as the Qur’an.
If there is an apparent contradiction between the Qur’an and Sunnah, we
need to look at the historical background. Also we need to check if somehow
it is abrogated. If we can’t tell from historical areas, then both are dropped
and other means are looked at. Therefore, those who say they follow the Qur’an but reject the Sunnah (Qur’aneeyoon) aren’t actually following the Qur’an in the first place.
The Hujjiyah (proof value) of the Sunnah becomes binding once the
authenticity of that particular text of the Sunnah is determined example Sahih or
Hassan and Mutawattir (continuous reports) or Ahaad (solitary reports)

Besides, it is agreed by all scholars of Hadith as well as the jurists of Islam that a transmitter of the Hadith should possess certain qualifications to be acceptable. He must be faith, truthful, matured in age and a person of great integrity. In short, Imam Shafii has summed up the qualifications of a transmitter in the following words in his Risalah : “ He must be of firm faith, well-known for his truthfulness in whatever he reported. He should understand its contents and should know well how to change in expression affects the ideas expresses therein. He should report verbatim what he learnt from his teacher, and not narrate in his own words the sense of what he had learnt. He must possess a retentive memory and of he has reported from a book, he should remember his book well. He should refrain from making a report on the authority of those whom he met but from whom he did not learn anything. His report must be in agreement with what has been reported by those who are recognized to have good memory, if they also have transmitted these reports.”

Hence, it is impossible for muslim scholars to make up their own hadiths for there are strict requirements before hadith is accepted.Even any hadith which goes contrary to the Quran is not to be considered as authentic.


The third source which may be classified as Ijma’. Only Muslim Mujtahids can be involved in this process and they are not chosen or picked from a society; they
are publicly and universally recognized as Muslim scholars. Laymen and scholars of other faiths cannot issue legal verdicts. Ijma’ also was never used within the Prophet’s sal’Allaahu ‘alayhi wasallam time because there was no need.

There are also values of Ijmaa, such as : 1) it reflects the natural evolution and acceptance of ideas in the life of the Muslim Ummah, 2) It ensures the correct interpretation of the Qur’an and Sunnah.3) It enhances the authority of rules that are of speculative origin.
For example, the prohibition of simultaneous marriage to the close
relative of one’s wife.4) It represents an authority of its own right once it is established.

The proofs that Ijmaa’ is valid is depending on its conditions:
1) There should be a number of Mujtahids available at the time when the issue is encountered.
2) There should be a universal consensus of all the Mujtahids on the issue encountered. The presence of any dissenting view precludes the possibility of the Ijmaa’.
3) The agreement of the Mujtahids on the juridical opinion must be demonstrated by their expressed opinions on that particular issue.

In short, ijmaa’ is not easily formed as well as it is a hujjah for all the four- schools of Islamic Jurisprudence and has its authority as a source of Islamic Law.

Then, the fourth source is Qiyas (analogical deductions) . It is defined as the application to a new case (Far’) on which the law is silent of the ruling (Hukm) of an original case (Asl) because of the effective cause (Illah) which is in common to both.
ii. It is a branch of Ijtihad
iii. Applied to cases in which the Qur’an and Sunnah is silent

In conclusion, the Quranic injunctions, which is derived the Islamic Law, are further explained and translated into practice by the sunnah of the prophet. Since it is from the prophet, it became a very important source of Islamic law only second in authority after the Holy Quran. Besides, Ijmaa, plays an important role in Islamic law since it provides a broad vehicle of progress and reconstruction. Qiyas or analogical deduction is also recognized as the source of Islamic legal system since it gives an instrument to cope with the growing needs and requrements of society. But such analogical deduction is based on very strict, logical and systematic principles and is not to be misconstructed as mere fancies and imaginations of men. Alongside these four sources, the shariah take into consideration Istihsan, al-masalih al-Mursalah and, Urf to help in providing elasticity and adaptability to the entire Islamic legal system. Therefore, there is no evidence that Islamic legal injunctions derive from the muslims scholars but from the sources that trusted and reliable.