Darul Iftaa Mahmudiyyah

What are the main sources of Islamic law ans what role does each play in actual legislation?

· 26 Shaʻban 1423 AH1 min readFatwa 7079English

Question

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What are the main sources of Islamic law ans what role does each play in actual legislation?

Answer

The primary sources of Shari?ah are the Qur?aan and the Sunnah (Ahaadith of Nabi (Sallallaahu Alayhi Wasallam).

Apart from these, Qiyaas (analogy) and Ijmaa (consensus of opinion of the jurists) constitute secondary sources. All of these play an extremely active role in Islamic law. The Fuqahaa (Jurists) have thoroughly analysed these sources and have extracted a set of principles which are actively employed in legislation. These principles are known as al-Qawaaidul Fiqhiyyah (legal maxims) and have been unanimously accepted by the Fuqahaa of Islam.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

Answered by
Mufti Ebrahim Desai
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/7079
Fatawa SA: https://fatawa.co.za/fatwa/askimam-7079

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