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5 Source of Islamic Law

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The term urf, which means “knowledge,” refers to the customs and practices of a particular society. Although this has not been formally incorporated into Islamic law,[31] Sharia recognizes the Customs of Sharia law that prevailed in Muhammad`s time but have not been abolished by the Qur`an or tradition (called “Divine Silence”). Practices that are then innovated are also justified, because Islamic tradition states that what people generally consider good is also considered by God as such. According to some sources, urf has as much authority as ijma (consensus) and more than qiyas (analogous derivation). Urf is the Islamic equivalent of the common law. [32] Shia jurists argue that if a solution to a problem cannot be found from primary sources, aql or reason should have a free hand to obtain an appropriate response from primary sources. The process in which the lawyer makes rational efforts to reach an appropriate decision is called ijtihad (literally “making an effort”) when applied. Shia lawyers claim that Qiyas is a specific type of Ijtihad. However, the Sunni Shafi school of thought claims that the Qiyas and the Ijtihad are equal. [28] The two primary and traditional sources of Islamic law are the Qur`an and the Sunnah (prophetic traditions and practices).

This combination of the two crucial sources of Islamic law is seen as a link between reason and revelation. In fact, the marriage between these two sources led to the emergence of Islamic law [8: p. 15]. The Qur`an is considered the holiest and most important source of Islamic law, which contains verses related to God, human faith, and how a particular believer should live in this worldly life. The human behavior that should determine the lives of believers, which is clearly expressed in the Qur`an, is in fact the domain of Islamic law. The Qur`an includes about five hundred legal verses that expressly establish legal decisions that must be applied by all believers [8: p. 16]. Even the non-legal verses of the Qur`an support the establishment of the legal system of Islam, as Professor Almatroudi will explain. The second primary and ancestral source of Islamic law is the Sunnah, which represents the deeds and words of the Prophet Muhammad (peace and blessings of Allah be upon him), formulated in the form of accounts and known as the prophetic Ḥadīth [8: p.

16]. The Sunna also includes a number of legal provisions that must be applied by all believers in Islam. Some court decisions concerning these transmitted Islamic sources are final. In other words, the legislator (God) has formulated them in such a way that no personal legal justification is required and is not open to different interpretations because they are clear and definitive. Conversely, both the Qur`an and the Sunna contain a body of legal content, the application of which requires justification. The legislator, who formulated certain court decisions set forth in the Qur`an and the Sunnah in such a way that he never accepted two different interpretations, could have done the same with regard to the rest of the legal content set out in the Islamic sources above. However, there was a crucial reason why much of the legal content mentioned in the Qur`an and the Sunnah was open to legal arguments. This flexibility in the law qualifies it as legally valid for all legal cases, regardless of time and place, as it is capable of developing and changing, an issue that is discussed in more detail in section 3. In addition, the different interpretations of a particular legal issue among lawyers are considered a kind of mercy. The de facto body of legal content established in the Qur`an and the Sunnah, the application of which requires independent legal reasoning, leads us to another source of Islamic law known as legal argumentation. The Urf, i.e. the customs, traditions and use of a region and a people, are considered an important source of legislation in Islam.

[4] It has its foundation in the Qur`an, where Allah commands the following: “Take due account of the nature of man and ask to do what is right (in accordance with tradition and custom).” (07:199) [5] Industrial relations or labor law can be considered part of Islamic business law, which developed through the development of Islamic law, i.e. Sharia law. The Arabic word Shari`a literally means the path to a waterhole. Islamic jurisprudence assumes that Sharia law establishes rules for all aspects of life, whether economic, social or religious. The main sources of Sharia are the Qur`an and the Sunnah. Secondary sources are Ijma (Consensus), Qiyas (Analog Argumentation), Istihsan (Justice in Islamic Law), Maslahah Mursalah (Public Interest), Urf (Custom), Sadd al-Dhara`i (Blocking of Means) and Ijtihad (Critical Thinking). Shafi`i accepted cases where he needed to be more flexible in using Qisas. Like Abu Hanifa and Malik, he developed a tertiary source of legislation. The Shafi`i school has adopted istidlal or inference, a process of seeking guidance from the source.