Islamic law is based upon four main sources:
Muslims believe theQuran
to be the direct words of Allah, as revealed to and transmitted by the Prophet Muhammad. All sources of Islamic law must be in essential agreement with the Quran, the most fundamental source of Islamic knowledge. When the Quran itself does not speak directly or in detail about a certain subject, Muslims only then turn to alternative sources of Islamic law
Sunnahis the traditions or known practices of the Prophet Muhammad, many of which have been recorded in the volumes of
Hadith
literature. The resources include many things that he said, did, or agreed to -- and he lived his life according to the Quran, putting the Quran into practice in his own life. During his lifetime, the Prophet's family and companions observed him and shared with others exactly what they had seen in his words and behaviors -- i.e. how he performed ablutions, how he prayed, and how he performed many other acts of worship. People also asked the Prophet directly for rulings on various matters, and he would pronounce his judgment. All of these details were passed on and recorded, to be referred to in future legal rulings. Many issues concerning personal conduct, community and family relations, political matters, etc. were addressed during the time of the Prophet, decided by him, and recorded. The Sunnah can thus clarify details of what is stated generally in the Quran.
In situations when Muslims have not been able to find a specific legal ruling in the Quran or Sunnah, the consensus of the community is sought (or at least the consensus of the legal scholars within the community). The Prophet Muhammad once said that his community (i.e. the Muslim community) would never agree on an error.
In cases when something needs a legal ruling, but has not been clearly addressed in the other sources, judges may use analogy, reasoning, and legal precedent to decide new case law. This is often the case when a general principle can be applied to new situations.
statutory law, common law and islamic law
primary sources are contemporary law are United States Constitution and state constitutions statutes, which are drafted by legislatures.
Yasin Dutton has written: 'The origins of Islamic law' -- subject(s): History, Islamic law, Sources 'The Origins of Islamic Law ; The Qur'an, the Muwatta and Madinan 'Amal'
Secondary sources may not accurately reflect the current state of the law, as they interpret or analyze primary sources. Relying solely on secondary sources may lead to errors in understanding or misinterpretation of the binding authority. To ensure accuracy and authority in legal citations, it is essential to refer directly to primary sources such as statutes, regulations, or court decisions.
Secondary sources of law are materials that interpret or explain the law, rather than directly establishing legal rules. This can include legal textbooks, law review articles, encyclopedias, and other scholarly publications that analyze and discuss legal principles and decisions. Secondary sources help individuals understand the law and its application in specific contexts.
reference to the sources of south african law,discuss the principal that law may not be implemented retrospectively
Islamic law (Sharia) serves as the primary source of legislation in Libya, as stated in the country's constitution. However, other legal principles and customs also influence the Libyan legal system, reflecting a mix of Islamic, customary, and statutory law.
West's Analysis of American Law is considered a secondary authority. It provides commentary and analysis on legal topics rather than directly interpreting primary sources of law.
Secondary law is the contents of law books, legal encyclopedias, legal periodicals, & the like that report on & compile rules that the writers distill & derive from the "primary" sources.
Ghana should have a reliable source of our laws. They should be made available to the common Ghanaian.
the knowledge which is deduced from the principles laid down in the quran and hadis by use of analogical deductions is known as qiyas, which is the fourth sourse of islamic law__________________________________________________In cases when something needs a legal ruling, but has not been clearly addressed in the other sources, judges may use analogy, reasoning, and legal precedent to decide new case law. This is often the case when a general principle can be applied to new situations. Refer to the question question below for the four sources of Islamic law.
Yahaya Yunusa Bambale has written: 'Crimes and punishments under Islamic law' -- subject(s): Criminal law (Islamic law), Punishment (Islamic law)