Shar'iah Legal System (Cambridge (CIE) IGCSE Religious Studies): Revision Note

Sources of Shari’ah

• The word Shari’ah means “straight path”

• Shari’ah law is the law of Islam

  • It is based on Islamic teachings

• Shari’ah law guides Muslims in how to live a moral, religious and lawful life

• Sunnis and Shi’as share the same key sources of Shari’ah, but they may interpret them differently in some areas of law

• Shari’ah law is based on both the Qur’an and the Sunnah

The Qur’an and Shari’ah law

• The Qur’an is the primary source of Shari’ah law

  • It is the main source because it is the direct word of Allah, revealed through the Prophet Muhammad (pbuh)

  • The Qur’an contains guidance on worship, conduct, justice and family life

• Shari’ah law applies the insight of the Qur’an to new situations, and it explains to Muslims how to properly obey Allah

The Sunnah and Shari’ah law

• The Sunnah is the second source of Shari’ah law

  • It is the example and practices of the Prophet Muhammad (pbuh)

  • The Sunnah is found in the Hadiths, which are collections of recorded actions and sayings of the Prophet Muhammad (pbuh)

  • It shows Muslims how the Prophet Muhammad (pbuh) applied the Qur’an in daily life and gives them an example to follow

  • It is a source of guidance for any situations where the teachings of the Qur’an are not entirely clear

What is the aim of fiqh?

• Fiqh means “deep understanding” or “full comprehension” 

• It refers to Islamic jurisprudence, or understanding God’s law

• The aim of fiqh is to help Muslims understand how to live in line with Allah’s will, by interpreting and applying Shari’ah in daily life, based on the Quran and the Sunnah

What is Ijtihad?

• Ijtihad is the Arabic word for effort

• It describes the intellectual struggle to come to an independent or original interpretation of problems that are not precisely covered by the Qur’an or the Sunnah in establishing Shari’ah law

What is ijma'?

• Ijma’ means consensus

• It refers to the agreement of qualified legal authorities on issues not directly addressed by the Qur’an or Sunnah

• Ijma’ forms a secondary source of Shari’ah law

• It means that Islamic law can be interpreted to remain relevant in changing times

  • It is based on the Hadith that says: “My Ummah will never agree upon an error”

What is qiyas?

• Qiyas is the use of analogy

• It is used when there is no clear rule in the Qur’an or Sunnah on an issue

• Scholars use qiyas to apply existing laws to new situations

  • These rulings may later become part of ijma’ if widely accepted

  • For example, they may use the ruling against wine (because it intoxicates) to forbid other drugs not mentioned in the Qur’an

The concepts of halal and haram

• Shari’ah law is the source of the concepts of halal (permitted actions) and haram (forbidden actions) that govern Muslims’ behaviour

• Halal is an Arabic word meaning permitted or lawful

  • It refers to actions and things that are allowed under Islamic law (Shari’ah)

  • Muslims are expected to live in a way that follows Allah’s guidance, including what they eat, what they wear and how they behave

• Haram is an Arabic word meaning forbidden or prohibited

  • It refers to any action or item that goes against Allah’s commands in the Qur’an or Hadith

  • Examples of haram actions include gambling, stealing, cheating in business, being dishonest, gossiping and being violent or cruel to people or animals

  • Muslims are expected to avoid haram actions as a sign of obedience to Allah and to live a good, moral life

  • Doing something haram is considered a sin, and Muslims believe they will be held accountable for it in the Akhirah

• Avoiding haram and choosing halal is a way for Muslims to demonstrate submission to Allah