100%
1. What are secondary sources?
- The primary sources of law are the Quran and the Sunnah. They do not change, and they contain the principles for solving every problem that will arise until the Last Day.
- Sources developed with the help of these principles are called secondary sources.
- The most important of them are ijma' and qiyas.
2. Ijma' (إجماع)
Meaning
- Linguistically: joining together, resolving, reaching a unanimous decision.
- In short: a unanimous decision (consensus).
Definition: When a problem arises after the Prophet's ﷺ death and its solution is not found in the Quran or the Sunnah, the mujtahids living at that time agree unanimously on its solution.
Mujtahid (مجتهد) = a scholar qualified to derive rulings from the Quran and the Sunnah.
Evidence
- (4:115) – meaning: Whoever opposes the Messenger after guidance has become clear to him, and follows a way other than the way of the believers, We will leave him on the path he has chosen and admit him to Hell.
- Hadith (Tirmidhi) – meaning: "Allah will not unite my ummah upon misguidance."
According to this evidence
- The Muslim community will not unite upon misguidance.
- The unanimous decision is the way of the believers.
- Not following the unanimous decision is like separating from the Messenger.
- Whoever leaves the Messenger and the believers and goes his own way will end in Hell.
Benefits of ijma'
- Unity is kept in society
- Discipline (order) in society is not broken
- It leads to a life based on mutual help
The main types of ijma'
| Type | Explanation | Note |
|---|---|---|
| Ijma' sarih (إجماع صريح) – explicit consensus | It is clear from their own words that all the mujtahids agree on the decision | Also called ijma' qawli (verbal consensus) |
| Ijma' al-akthariyyah (إجماع الأكثرية) | The majority of mujtahids agree on a solution | — |
| Ijma' sukuti (إجماع سكوتي) – silent consensus | One or a few give a decision, and the others stay silent, expressing neither agreement nor disagreement | Imam ash-Shafi'i (RH): it cannot be taken as evidence. Most scholars of the Maliki madhhab: it is ijma' |
3. Qiyas (قياس)
- The most widely used of the secondary sources.
- Linguistically: comparing, inferring by analogy.
Definition: When a new problem arises whose solution is not stated in the Quran or the Sunnah, comparing it with a problem whose solution is stated, and applying that solution to the new problem.
- For this, there must be something in common between the two problems.
Arkan al-qiyas (أركان القياس) – the four pillars of qiyas
| Pillar | Meaning | Example |
|---|---|---|
| 1. Al-asl (الأصل) | The problem whose solution is already stated | "The killer does not inherit" (Tirmidhi) – an heir who kills the owner of the property gets no share of it |
| 2. Al-far' (الفرع) | The problem needing a solution, with no solution in the Quran, Sunnah or ijma' | If a person named in a bequest (wasiyyah) kills the one who made the bequest, may he be given the property? |
| 3. 'Illah (العلة) | The common feature / common cause between the two problems | In both, being in a hurry to get the property |
| 4. Hukm (الحكم) | The ruling given in the Quran / Sunnah for the asl | An heir who killed for the property is not given the property |
Result of the qiyas: one who killed the person who made the bequest in order to get the property quickly is also not given the property.
Memory tip: Asl (old case) + far' (new case) + 'illah (common cause) → hukm (ruling).
Evidence for qiyas
- The hajj-as-a-debt incident: a woman asked whether she could perform hajj for her father, who had died while hajj was obligatory on him. The Prophet ﷺ: "If your father had a debt and you paid it, would it benefit him?" – "Yes." – "Then a debt owed to Allah is even more deserving to be paid."
- The qiyas of the Companions: when the Prophet ﷺ was ill, Abu Bakr (RA) led the prayer as imam. Comparing that leadership in prayer with leadership of the community, the Companions chose him as caliph.
- Reason: the Quran has made wine (intoxicating drink) haram, but it does not mention other intoxicants that are like it or worse. If qiyas were not accepted, we would reach a ruling against reason: "Only wine is haram; other intoxicants are not."
Why qiyas is necessary
- Social progress creates new problems; qiyas helps to solve them in the light of the Quran and the Sunnah.
- Qiyas greatly helps to show that Islam is suitable for every age.
4. Seven other secondary sources
- Istihsan (استحسان)
- Istishab (استصحاب)
- Istislah (استصلاح) – al-maslahah al-mursalah (المصلحة المرسلة)
- 'Urf (عرف) – custom
- Ash-shara'i' as-sabiqah (الشرائع السابقة) – the laws of earlier prophets
- Qawl as-sahabi (قول الصحابي) – the saying of a Companion
- Sadd adh-dhara'i' (سد الذرائع) – blocking the means (to harm)
All the secondary sources help to solve legal problems, and they also confirm that Islam is flexible enough for every age and situation.
Quick revision
- Primary sources: Quran, Sunnah; main secondary sources: ijma', qiyas.
- Ijma' = after the Prophet's death, the unanimous view of the mujtahids on a problem not solved in the Quran or Sunnah. Evidence: 4:115; "My ummah will not unite upon misguidance" (Tirmidhi).
- Benefits of ijma': unity, discipline, mutual help.
- Types: sarih (= qawli), akthariyyah, sukuti (not accepted by ash-Shafi'i; accepted by the Malikis).
- Qiyas = analogy; arkan: asl, far', 'illah, hukm.
- Evidence for qiyas: the hajj-debt hadith, choosing Abu Bakr as caliph, comparing intoxicants with wine.
- 7 more: istihsan, istishab, istislah, 'urf, ash-shara'i' as-sabiqah, qawl as-sahabi, sadd adh-dhara'i'.