Have you ever wondered how scholars determine whether an action is obligatory, sunnah, or forbidden? Why is the Fajr prayer two rakʿahs when the number is not explicitly stated in the Qur’an? Or, how could the law regarding drugs be forbidden when this type of substance did not exist in the time of the Prophet?
The answer lies in Islamic legal sources or sharia evidence. Islamic fiqh is not a set of arbitrarily created rules. It is a solid structure built on a strong foundation.
In the book Al-Fiqh al-Manhaji ‘alā Madhhab al-Imām al-Shāfiʿī, it is explained that Fiqh is the body of Sharia rulings that Allah commands to His servants. All of these laws originate from four main sources: Al-Qur’an, As-Sunnah, Ijma’, and Qiyas.
Let’s discuss one by one thoroughly, complete with the original text from the reference book so that our understanding becomes stronger.
1. The Holy Qur’an: The Highest Reference
The first and most important source is certainly the Al-Qur’an. This is the word of Allah revealed to the Prophet Muhammad ﷺ . Its purpose is clear: to guide humanity from darkness into light.
In the hierarchy of fiqh arguments, the Al-Qur’an occupies the highest position. When a scholar faces a problem, the first step is to open the Book of Allah. If the law is already there, then the matter is settled. We take that law and do not need to look elsewhere.
Example of Legal Application from the Al-Qur’an
The book Al-Fiqh al-Manhaji provides a real example of how the Qur’an answers life’s questions:
- The Problem of Alcohol and Gambling:
When questions arise regarding the lawfulness of intoxication or gambling, we immediately refer to Surah Al-Maidah verse 90:
يَا أَيُّهَا الَّذِينَ آمَنُوا إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالْأَنْصَابُ وَالْأَزْلَامُ رِجْسٌ مِنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ
“O you who have believed, indeed, intoxicants and gambling and idolatry and divining by arrows are among the works of Satan. So avoid it that you might succeed.” - The Issue of Hijab and Women’s Clothing:
The matter of women’s ‘aurat’ (private parts) limitations is not merely Arab culture, but a direct command from Allah in Surah An-Nur verse 31:
وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا مَا ظَهَرَ مِنْهَا ۖ وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَىٰ جُيُوبِهِنَّ
“…and do not reveal their adornment except what is permissible, and let them draw their headscarves over their chests…”This verse prescribes modest dress for women and instructs them to draw their khimār over the bosom.
Why Does the Al-Qur’an Need Explanation?
Although the Al-Qur’an is the primary source, it does not contain all the technical details of worship. The Qur’an often provides principles rather than technical details; worship and transactional laws frequently require further explanation.
For example, the Qur’an commands: “Establish prayer”. But, does the Qur’an explain the movements of bowing‘, prostration, or the recitation of tahiyat? No. The Qur’an tells us to give zakat, but does not detail the gold or silver nisab.
This is where we need a second source of law. Without this companion, we will have difficulty technically carrying out the command to perform prayer from the Qur’an.
2. As-Sunnah Asy-Syarifah: Explanation of Revelation
The second source of Islamic law is As-Sunnah or Hadith. The Sunnah comprises the Prophet’s words (qawl), actions (fi‘l), and tacit approvals (taqrīr).
Many people misunderstand and think that the Qur’an alone is sufficient (Qur’aniyyun). In fact, the main function of the Sunnah is to explain what is still ambiguous in the Qur’an.
Three Forms of the Prophet’s Sunnah
To understand the Sunnah more deeply, we need to know its forms:
- Sunnah Qauliyah (Speech):
The Prophet’s words verbally. For example, a hadith narrated by Bukhari and Muslim:
سِبَابُ الْمُسْلِمِ فُسُوقٌ ، وَقِتَالُهُ كُفْرٌ “
To insult a Muslim is wickedness, and to kill him is disbelief.” - Sunnah Fi’liyah (Actions):
What the Prophet did in his daily life. For example, the story of Aisyah r.a. who narrated that the Prophet used to help with his wife’s household chores, and when adzan was called, he hastened to pray. - Sunnah Taqririyah (Approval/Silence of the Prophet): This is interesting. If a companion did something in front of the Prophet and the Prophet remained silent (did not forbid it), it means it is permissible.
An example in the book Al-Fiqh al-Manhaji: A companion prayed two rak’ahs after Fajr (making up for the Qabliyah prayers). The Prophet saw him and asked about it. After the companion explained his reason, the Prophet remained silent.
فَسَكَتَ رَسُولُ اللهِ – صلى الله عليه وسلم -، فَاعْتُبِرَ سُكُوتُهُ إِقْرَارًا
“So the Messenger of Allah remained silent, and his silence was considered approval (iqrar).”
The Position of Sunnah in Sharia
Remember the order: Search in the Qur’an first. If the details are not found there, then turn to the Sunnah. If the law is in the authentic Sunnah, it is obligatory for us to practice it just like practicing the Qur’an.
The Prophet ﷺ said:
صَلُّوا كَمَا رَأَيْتُمُونِي أُصَلِّي
“Pray as you see me praying.” (Sahih al-Bukhari)
Without this hadith, we would never know the correct way to pray. Therefore, the Sunnah is not merely a complement, but the key to unlocking the understanding of the Qur’an.
3. Al-Ijma’: The Consensus of Scholars
The third source of law is Ijma’. Simply put, Ijma’ is the unanimous agreement of all mujtahid scholars from the Muslim community of the Prophet Muhammad ﷺ at a specific time regarding a sharia law.
Ijma‘ provides communal certainty and safeguards the ummah from collective error. The Prophet ﷺ once said (meaning): “I ask Allah not to gather my ummah upon error, and Allah granted it.”
When is Ijma’ Used?
Ijma’ occupies the third rank. If a clear law is not found in the Qur’an or Sunnah regarding a problem, we look to see whether the scholars have reached a consensus on it.
Example of Ijma’ Case: The consensus of the Companions that a grandfather receives one-sixth (1/6) of the inheritance when inheriting together with a son (grandchild), under the condition that the deceased’s father is no longer alive.
This agreement is binding. If Ijma’ has occurred, then the law becomes obligatory for Muslims to follow in the future.
4. Al-Qiyas: A Solution to Modern Problems
This is the source of law that makes Islamic Sharia always relevant in every era, even as times continue to change. Qiyas (analogy) is a method of connecting new problems that do not have a legal text with old problems that already have a legal text, due to the similarity of the cause (illat).
Why Do We Need Qiyas?
The Quran and Hadith have ceased to be revealed/emerge since the death of the Prophet. Meanwhile, human problems continue to evolve. There’s bitcoin, test-tube babies, vapes, and new types of drugs. How do we judge them? This is where Qiyas works.
The Pillars of Qiyas and Examples of its Application
For Qiyas to be valid, there must be 4 pillars:
- Origin: An old problem that has a basis in religious texts (Example: Khamr/Arak).
- Far’u: A new issue that has no basis in religious law (Example: Ecstasy pills/Drugs).
- Origin of Law: Forbidden (The law of alcohol in the Qur’an).
- Illat: A characteristic that makes them similar (Both intoxicating/cause loss of reason).
In Al-Fiqh al-Manhaji it is explained:
وَالْعِلَّةُ فِي تَحْرِيمِهِ : هِيَ أَنَّهُ مُسْكِرٌ يُذْهِبُ الْعَقْلَ
“The reason (cause) for its prohibition (khamr) is because it intoxicates and removes reason.”
Because new drugs or alcoholic beverages also have intoxicating properties, the law is equated with khamr, namely Haram, even though the name “ecstasy” is not in the Qur’an.
The Obligation to Adhere to Islamic Jurisprudence (Fiqh)
From the explanation above, it is clear that the rules in Islam are not rigid, but also not unrestrained. There is a strict scientific method. The Qur’an, Sunnah, Ijma, and Qiyas are an inseparable unity.
Leaving the provisions of fiqh is the same as ignoring the guidance of revelation. True Islam is total submission to what was brought by the Messenger of Allah ﷺ . As mentioned in the concluding remarks of this book:
وَأَحْكَامُ الْفِقْهِ الْإِسْلَامِيِّ ثَابِتَةٌ لَا تَتَغَيَّرُ وَلَا تَتَبَدَّلُ مَهْمَا تَبَدَّلَ الزَّمَنُ وَتَغَيَّرَ
“The laws of Islamic Fiqh are fixed, unchanging and do not vary no matter how times change.”
What remains unchanged are its fundamental principles, while its application can evolve through the doors of ijtihad and Qiyas conducted by expert scholars.
Hopefully this article will enlighten your understanding of Islamic sources of law. By understanding the basics, we will be more confident and at peace in carrying out our daily worship.
Want to learn more about everyday fiqh issues? Explore other articles on fiqh.biz.id.
Reference
Mustafā al-Khin, Mustafā al-Bughā, and ʿAlī al-Sharbaǧī, Al-Fiqh al-Manhaji ‘alā Madhhab al-Imām al-Shāfiʿī, vol. 1 (Damascus: Dār al-Qalam, 1992), pp. 15–20
