This topic covers the foundational principles of Islamic jurisprudence (Fiqh). It includes the four primary sources of Shariah (Quran, Sunnah, Ijma, Qiyas), the concepts of Ijtihad and Taqlid, the rul...
Definition of Shariah
Linguistically: Shariah means "a clear path" or "a way to water."
Islamically: Shariah refers to the divine law of Islam – the commandments and prohibitions revealed by Allah to guide humanity in all aspects of life (worship, morals, transactions, and punishments).
Importance:
Following Shariah is an obligation upon every Muslim.
The Quran states: "Then We put you on a Shariah (clear way) of the matter, so follow it." (Surah Al-Jathiyah 45:18)
The Four Primary Sources of Shariah
| # | Source | Arabic | Definition | Evidence |
|---|---|---|---|---|
| 1 | The Quran | القرآن | The literal word of Allah revealed to Prophet Muhammad ﷺ. | "This is the Book about which there is no doubt, guidance for the righteous." (Surah Al-Baqarah 2:2) |
| 2 | The Sunnah | السنہ | The sayings, actions, and approvals of the Prophet Muhammad ﷺ. | "And whatever the Messenger gives you, take it; and whatever he forbids you, abstain from it." (Surah Al-Hashr 59:7) |
| 3 | Ijma' (Consensus) | الإجماع | The agreement of qualified Muslim scholars on a religious ruling after the Prophet's era. | The Prophet ﷺ said: "My Ummah will not agree upon error." (Tirmidhi) |
| 4 | Qiyas (Analogy) | القیاس | Deriving a ruling for a new issue by comparing it to a similar issue mentioned in the primary sources. | The Prophet ﷺ said to Mu'adh: "What will you judge by?" He said: "The Book of Allah, then the Sunnah, then I will use analogy (Qiyas)." (Abu Dawud) |
Detailed Explanation of Each Source
A. The Quran
The primary and most authoritative source of Shariah.
Revealed over 23 years (13 years in Makkah, 10 years in Medina).
Contains:
Aqidah (beliefs) – Tawhid, prophethood, Hereafter
Ibadat (worship) – Prayer, fasting, Zakat, Hajj
Mu'amalat (transactions) – Business, marriage, inheritance
Akhlaq (morals) – Honesty, justice, patience
Hudud (punishments) – Theft, adultery, murder
Preserved completely by Allah: "Indeed, it is We who sent down the Quran and indeed, We will be its guardian." (Surah Al-Hijr 15:9)
B. The Sunnah
The second source of Shariah. Explains and clarifies the Quran.
The Quran commands obedience to the Prophet ﷺ alongside obedience to Allah.
Types of Sunnah:
Qawli (sayings) – The Prophet's statements (e.g., "Actions are judged by intentions.")
Fi'li (actions) – The way the Prophet prayed, performed Hajj, etc.
Taqriri (approvals) – The Prophet's silence indicating approval of something done in his presence.
Without Sunnah, we would not know:
How to pray (Quran commands prayer but not the details)
How to perform Hajj
The exact amounts of Zakat
C. Ijma' (Consensus of Scholars)
When the Quran and Sunnah do not give a direct ruling on a new issue, scholars collectively agree on a ruling.
Example: The compilation of the Quran into a single book (Mushaf) was done by consensus of the Companions.
Example: Ruling that the grandchild inherits from the grandparent (in certain cases) – based on Ijma.
Condition: Ijma cannot contradict the Quran or Sunnah.
D. Qiyas (Analogical Reasoning)
Applying the ruling of an existing case to a new case because they share the same underlying reason (Illah).
Example: The Quran prohibits wine (Khamr) because it intoxicates. Scholars use Qiyas to prohibit all intoxicants (cocaine, heroin, etc.) because they share the same reason – intoxication.
Components of Qiyas:
Asl (Original case) – Mentioned in Quran/Sunnah (e.g., wine)
Far' (New case) – Not mentioned (e.g., cocaine)
Hukm (Ruling) – Prohibition (Haram)
Illah (Reason) – Intoxication
Secondary Sources (Disagreement among scholars)
| Source | Definition | Example |
|---|---|---|
| Istihsan (Juristic preference) | Preferring one ruling over another for ease or public good (Hanafi school) | Exceptions in business contracts |
| Maslahah Mursalah (Public interest) | Rulings made to protect public welfare | Traffic laws, modern banking regulations |
| Urf (Custom) | Local customs that do not contradict Shariah | Wedding customs, business practices |
| Sadd al-Dhara'i' (Blocking means to evil) | Prohibiting something permissible that leads to something forbidden | Prohibiting staying alone with a non-mahram to prevent adultery |
Definitions
| Term | Definition | Who performs it? |
|---|---|---|
| Ijtihad | The process of deriving rulings from the sources of Shariah using independent reasoning. | A Mujtahid (qualified scholar) |
| Taqlid | Following the rulings of a qualified mujtahid without knowing the detailed evidence. | Layperson (ordinary Muslim) |
Conditions for a Mujtahid (One who performs Ijtihad)
A person must have:
Deep knowledge of the Quran (including verses of rulings)
Deep knowledge of the Sunnah (including chains of narration)
Knowledge of Arabic language (grammar, vocabulary, rhetoric)
Knowledge of Ijma' (what scholars agreed upon)
Knowledge of Qiyas (how to apply analogy)
Knowledge of Usul al-Fiqh (principles of jurisprudence)
Knowledge of Naskh (abrogation – which verses replaced others)
Upright character and piety
Examples of Mujtahideen: The four great Imams (Abu Hanifah, Malik, Shafi'i, Ahmad), Imam al-Ghazali, Imam Ibn Taymiyyah, etc.
Types of Ijtihad
| Type | Description |
|---|---|
| Ijtihad Mutlaq (Absolute) | Deriving rulings directly from Quran and Sunnah without following a specific madhhab. (Imams Abu Hanifah, Malik, Shafi'i, Ahmad) |
| Ijtihad Muqayyad (Restricted) | Deriving rulings within the principles of a specific madhhab. (Later scholars of each school) |
Ruling on Taqlid
| Person | Ruling |
|---|---|
| Layperson (ordinary Muslim) | Must perform Taqlid – follow a qualified scholar because they cannot derive rulings themselves. |
| Mujtahid | Must not perform Taqlid – must use Ijtihad. |
| Student of knowledge | Should gradually learn the evidence while following a madhhab. |
Evidence for Taqlid: "Ask the people of knowledge if you do not know." (Surah An-Nahl 16:43)
Definitions
| Term | Definition | Color Code |
|---|---|---|
| Halal | Permissible – anything allowed by Allah. | Green |
| Haram | Forbidden – anything prohibited by Allah. | Red |
| Makruh | Disliked – not sinful to do but better to avoid. | Yellow |
| Mubah | Neutral – no reward or punishment for doing or leaving. | White |
| Mustahab | Recommended – reward for doing, no sin for leaving. | Light green |
Halal and Haram in Food
| Ruling | Category | Examples |
|---|---|---|
| Halal | All animals slaughtered in Allah's name (Islamic slaughter – Zabihah) | Cow, sheep, goat, chicken, camel, fish (all seafood in some schools) |
| Haram | Explicitly forbidden in Quran | Pork, carrion (dead before slaughter), blood, animals sacrificed to other than Allah |
| Haram | Animals not slaughtered Islamically | Any animal killed by strangulation, beating, or falling |
| Haram | Predatory animals with fangs | Lion, tiger, wolf, dog, cat |
| Haram | Birds of prey | Eagle, falcon, hawk |
| Haram | Insects (except locusts in some schools) | Ants, bees, beetles |
| Halal | Seafood (according to most schools) | Fish, shrimp, crab (Hanafi: only fish) |
Halal and Haram in Drink
| Ruling | Category | Examples |
|---|---|---|
| Haram | All intoxicants (Khamr) | Wine, beer, whiskey, vodka |
| Haram | Drugs that alter the mind | Marijuana, cocaine, heroin, ecstasy |
| Halal | Non-intoxicating drinks | Water, milk, juice, tea, coffee |
| Haram | Blood (even as a drink) | Any type of blood |
Quranic evidence: "Indeed, intoxicants, gambling, idols, and divining arrows are abominations from the work of Satan, so avoid them." (Surah Al-Ma'idah 5:90)
Halal and Haram in Dress
| Ruling | Gender | Requirement | Evidence |
|---|---|---|---|
| Required (Fard) | Men | Cover from navel to knees | Quran 24:30-31 |
| Required (Fard) | Women | Cover entire body except face and hands (difference of opinion on face) | "Draw their veils over their chests..." (Surah An-Nur 24:31) |
| Haram | Men | Wearing silk | The Prophet ﷺ forbade silk for men |
| Haram | Men | Wearing gold jewelry | The Prophet ﷺ forbade gold for men |
| Permissible (Halal) | Women | Silk and gold (no prohibition) | - |
| Haram | Both | Clothing that is see-through or reveals awrah | - |
| Haram | Both | Clothing that resembles the opposite gender | The Prophet ﷺ cursed men who imitate women and women who imitate men |
| Haram | Both | Clothing that resembles disbelievers (distinct religious garments) | "Whoever imitates a people is one of them." (Abu Dawud) |
Halal and Haram in Business
| Ruling | Type | Description |
|---|---|---|
| Halal | Honest trade | Buying and selling with transparency |
| Halal | Mudarabah | Profit-sharing partnership |
| Halal | Musharakah | Joint venture partnership |
| Haram | Riba (interest) | Any increase on loans |
| Haram | Gharar (excessive uncertainty) | Selling something that does not exist or is unknown |
| Haram | Maysir (gambling) | Games of chance |
| Haram | Selling haram products | Selling alcohol, pork, idols, cigarettes |
| Haram | Fraud and deception | Lying about product quality |
| Haram | Hoarding goods | Withholding supply to raise prices |
| Haram | Bribery | Paying to gain unfair advantage |
Core Principles of Islamic Economics
| # | Principle | Description |
|---|---|---|
| 1 | Prohibition of Riba (Interest) | Charging or paying any increase on loans is forbidden |
| 2 | Prohibition of Gharar (Excessive Uncertainty) | Selling something that is not owned, does not exist, or is unknown |
| 3 | Prohibition of Maysir (Gambling) | Games of chance and speculative betting |
| 4 | Zakat (Wealth purification) | Mandatory charity (2.5% annually) |
| 5 | Halal earnings | Only permissible sources of income |
| 6 | Social justice | Wealth should not be concentrated among the rich |
| 7 | Property rights | Private property is respected but with social responsibility |
Detailed: Prohibition of Riba (Interest)
Definition: Riba means any excess or increase in a loan transaction. It includes both interest on loans (Riba al-Nasi'ah) and unequal exchanges of the same commodity (Riba al-Fadl).
Quranic Evidence:
"Those who consume Riba (interest) will not stand except as stands one whom Satan has driven to madness by his touch. That is because they say: Trade is just like Riba. But Allah has permitted trade and forbidden Riba." (Surah Al-Baqarah 2:275)
"O you who believe, fear Allah and give up what remains of Riba if you are believers. And if you do not, then be informed of a war from Allah and His Messenger." (Surah Al-Baqarah 2:278-279)
Types of Riba:
| Type | Definition | Example |
|---|---|---|
| Riba al-Nasi'ah | Increase in exchange for delaying payment (interest on loans) | Bank loan with 5% interest |
| Riba al-Fadl | Unequal exchange of the same commodity | Selling 1 kg of gold for 1.1 kg of gold |
Islamic Alternatives to Interest:
| Alternative | Description |
|---|---|
| Mudarabah | Profit-sharing (investor provides capital, manager provides expertise) |
| Musharakah | Joint venture (both parties contribute capital and share profit/loss) |
| Murabahah | Cost-plus sale (bank buys an asset and sells to customer at a markup) |
| Ijara | Leasing (bank buys an asset and leases it to customer) |
| Qard al-Hasan | Benevolent loan (no interest, only principal returned) |
Detailed: Prohibition of Gambling (Maysir/Qimar)
Definition: Maysir (gambling) means any game or activity where a person risks money or valuables for a chance to win more.
Evidence:
"They ask you about intoxicants and gambling. Say: In them is great sin and some benefit for people, but their sin is greater than their benefit." (Surah Al-Baqarah 2:219)
Examples of Haram Gambling:
Lottery tickets
Casino games (poker, roulette, slots)
Betting on sports
Stock market speculation (day trading with high risk)
Unregulated crypto trading (with excessive uncertainty)
A. Nikah (Marriage – نکاح)
Definition: Nikah is a sacred contract between a man and a woman, making each other lawful for intimacy, companionship, and building a family.
Rulings on Marriage:
| Ruling | Person |
|---|---|
| Wajib (Obligatory) | One who fears falling into Zina and can afford marriage |
| Mustahab (Recommended) | One who desires marriage and can afford it |
| Mubah (Permissible) | One with normal desire and ability |
| Haram (Forbidden) | One who knows he will oppress his wife or cannot fulfill rights |
Conditions for a Valid Nikah
| # | Condition | Explanation |
|---|---|---|
| 1 | Mutual consent | Both bride and groom must agree willingly (no force) |
| 2 | Wali (Guardian) | The bride's male guardian (father, grandfather, brother) |
| 3 | Two witnesses | Two adult, sane, Muslim male witnesses |
| 4 | Mahr (Dowry) | A gift from groom to bride (any amount agreed upon) |
| 5 | Proposal and acceptance (Ijab wa Qubul) | Done in one sitting |
| 6 | No legal impediment | Not already married (for women), not in Ihram, not related within prohibited degrees |
Prohibited Women for Marriage (Mahram)
| Permanently Prohibited | Temporarily Prohibited (Removable) |
|---|---|
| Mother, grandmother | Sister's husband (if divorced) |
| Daughter, granddaughter | Already married woman (before divorce) |
| Sister (full, half) | Woman in Iddah |
| Aunt (paternal, maternal) | Disbeliever (if Muslim woman marrying non-Muslim) |
| Niece (brother's or sister's daughter) | - |
| Foster mother, foster sister | - |
| Mother-in-law | - |
| Step-daughter (if marriage was consummated) | - |
| Daughter-in-law | - |
The Marriage Contract (Nikah)
Essential elements:
Ijab (Offer) – "I marry you to my daughter..."
Qubul (Acceptance) – "I accept this marriage..."
Mahr (Dowry) – Must be specified or implied
Mahr (Dowry) Facts:
It is the right of the wife – no marriage without it.
Can be money, gold, property, or anything of value.
Can be paid immediately (Mu'ajjal) or deferred (Mu'ajjal).
The Prophet ﷺ said: "The best Mahr is the simplest."
Rights and Responsibilities in Marriage
| Husband's Responsibilities | Wife's Responsibilities |
|---|---|
| Provide financial support (food, clothing, shelter) | Obey husband in permissible matters |
| Pay Mahr (dowry) in full | Protect husband's property and honor |
| Treat wife with kindness and respect | Not leave the house without permission (except for valid reasons) |
| Be just if multiple wives (equal time, provisions) | Not allow anyone into the house whom husband dislikes |
| Teach family religion | Take care of children and household |
Quranic evidence: "And live with them in kindness. If you dislike them, perhaps you dislike something in which Allah has placed much good." (Surah An-Nisa 4:19)
B. Divorce (Talaq – طلاق)
Definition: Talaq is the dissolution of the marriage contract by the husband (or by the wife through Khul').
Ruling: Divorce is Halal but is the most disliked permissible act in the sight of Allah.
Types of Divorce
| Type | Who initiates | Mahr (Dowry) | Iddah | Ruling |
|---|---|---|---|---|
| Talaq (by husband) | Husband | Full Mahr if divorced before consummation; half if after | Required (3 months) | Permissible but disliked |
| Khul' (by wife) | Wife (with husband's agreement) | Wife returns Mahr or pays compensation | Required (1 month) | Permissible |
| Faskh (judicial annulment) | Judge/Qadi | Full Mahr if before consummation | Required | Rare, for valid reasons |
| Lian (mutual accusation) | Husband accusing wife of adultery | None – marriage dissolves permanently | Required | Both are separated forever |
The Three Divorces (Talaq)
| # | Stage | Ruling | Raj'ah (Return) |
|---|---|---|---|
| First Talaq | Husband says "I divorce you" once | 1 Talaq (revocable) | Can return within Iddah without new contract |
| Second Talaq | Husband says "I divorce you" again (separate occasion) | 2 Talaq (revocable) | Can return within Iddah without new contract |
| Third Talaq | Husband says "I divorce you" the third time | 3 Talaq (irrevocable) | Cannot return unless wife marries another man (Halalah – prohibited) |
Note: After three divorces, the couple cannot remarry unless the wife marries another man, the marriage is consummated, and that man divorces her (or dies). This is called Halalah and is highly disliked.
Iddah (Waiting Period)
| Situation | Duration | Purpose |
|---|---|---|
| Divorced woman (not pregnant) | 3 menstrual cycles (approx. 3 months) | Confirm no pregnancy |
| Divorced woman (pregnant) | Until delivery (birth of child) | Determine parentage |
| Widow (husband died) | 4 months and 10 days | Mourning and confirmation |
| Marriage not consummated | No Iddah | - |
C. Inheritance (Ilm-ul-Faraid – علم الفرائض)
Definition: Faraid is the Islamic law of inheritance that specifies exactly how a deceased person's wealth is distributed to heirs.
Importance:
The Prophet ﷺ said: "Learn the laws of inheritance and teach them to people, for it is half of knowledge." (Ibn Majah)
The Quran has detailed inheritance laws in Surah An-Nisa (Chapter 4, verses 11-12 and 176) .
Fixed Shares (Ashab al-Furud)
| Heir | Share | Quranic Evidence |
|---|---|---|
| Husband | 1/2 (if no child); 1/4 (if child present) | "For you is half of what your wives leave if they have no child..." (4:12) |
| Wife | 1/4 (if no child); 1/8 (if child present) | "For them is a quarter of what you leave if you have no child..." (4:12) |
| Daughter | 1/2 (if only one); 2/3 (if two or more, no son) | "For them is a share of what the parents and relatives leave..." (4:7) |
| Son | 2x a daughter's share | "Allah commands you concerning your children: for the male is the share of two females." (4:11) |
| Father | 1/6 (if child present); (more if no child) | "For his parents, each one gets one-sixth if he has a child." (4:11) |
| Mother | 1/6 (if child or siblings present); 1/3 (if no child/siblings) | "For his parents, each one gets one-sixth if he has a child." (4:11) |
Basic Inheritance Table (Common Heirs)
| Heir | Share | Condition |
|---|---|---|
| Husband | 1/2 | No child or grandchild |
| 1/4 | Has child or grandchild | |
| Wife | 1/4 | No child or grandchild |
| 1/8 | Has child or grandchild | |
| Son | Residue (asabah) | Takes twice the daughter's share |
| Daughter | 1/2 | Only one daughter, no son |
| 2/3 | Two or more daughters, no son | |
| Residue (asabah with son) | With son – male gets twice female | |
| Father | 1/6 | Has child |
| Residue | No child | |
| Mother | 1/6 | Has child or siblings |
| 1/3 | No child or siblings | |
| Full brother | Asabah (residue) | No son, no father |
| Full sister | 1/2 | One sister, no brother, no child, no father |
| 2/3 | Two or more sisters, no brother, no child, no father | |
| Asabah (residue) | With brother – male gets twice female |
Example of Inheritance Calculation
Case: A man dies leaving:
Wife
1 son
2 daughters
Father
Mother
Step-by-step:
| Heir | Fixed Share | Calculation | Amount |
|---|---|---|---|
| Wife | 1/8 | 1/8 = 0.125 | 12.5% |
| Father | 1/6 | 1/6 = 0.1667 | 16.67% |
| Mother | 1/6 | 1/6 = 0.1667 | 16.67% |
| Subtotal (fixed heirs) | - | 12.5 + 16.67 + 16.67 = 45.84% | 45.84% |
| Remaining | - | 100% – 45.84% = 54.16% | 54.16% |
| Son | Twice daughter | 2 parts | 27.08% each? No – calculation: 2+1+1=4 parts. 54.16 ÷ 4 = 13.54 per part. Son gets 2 parts = 27.08% |
| Daughter (each) | One part | Each gets 1 part = 13.54% | 13.54% each |
Final shares:
Wife: 12.5%
Father: 16.67%
Mother: 16.67%
Son: 27.08%
Daughter 1: 13.54%
Daughter 2: 13.54%
| Question | Answer |
|---|---|
| How many primary sources of Shariah? | 4 (Quran, Sunnah, Ijma, Qiyas) |
| Which source explains the details of prayer? | Sunnah |
| What is Ijma? | Consensus of qualified scholars |
| What is Qiyas? | Analogy based on a shared reason |
| What is a Mujtahid? | A scholar who performs Ijtihad |
| Is Taqlid obligatory for ordinary Muslims? | Yes |
| What is the ruling on pork? | Haram (explicitly forbidden in Quran) |
| What is the ruling on silk for men? | Haram |
| What is Riba? | Interest – any increase on loans |
| What is Maysir? | Gambling |
| What is Nikah? | Marriage contract in Islam |
| What is Mahr? | Dowry – right of the wife |
| What is the maximum number of divorces before permanent separation? | 3 |
| How long is Iddah for a widow? | 4 months and 10 days |
| What is Ilm-ul-Faraid? | Islamic inheritance law |
| Who gets a fixed share in inheritance? | Ashab al-Furud (husband, wife, parents, daughters, etc.) |
| What is the share of a son compared to a daughter? | 2x the daughter's share |