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{{Short description|Sources of Islamic Law}}
{{Use dmy dates|date=September 2020}}
{{Islam}}

Various sources of Islamic Laws are used by [[Fiqh|Islamic jurisprudence]] to elaborate the body of [[Islamic]] law, which are called '''Masdar''' (مصادر) or '''Dalil''' (دليل).<ref name="Jurisprudence">{{cite web |url=http://www.al-islam.org/jurisprudence/ |title=Jurisprudence and its Principles |access-date=2008-07-26 |last=Mutahhari |first=Morteza |author-link=Morteza Motahhari |publisher=Tahrike Tarsile Qur'an}}</ref> In [[Sunni]] Islam, the scriptural sources of traditional jurisprudence are the [[Holy Qur'an]], believed by Muslims to be the direct and unaltered word of [[God in Islam|God]], and the [[Sunnah]], consisting of words and actions attributed to the [[Islamic prophet]] [[Muhammad]] in the [[hadith]] literature. In [[Shi'ite]] jurisprudence, the notion of Sunnah is extended to include traditions of the [[Imam]]s.<ref name="Jurisprudence"/>

Since legally relevant material found in Islamic scriptures did not directly address all the questions pertaining to Sharia that arose in Muslim communities, Islamic jurists developed additional methods for deriving legal rulings.<ref name="Jurisprudence"/> According to [[Sunni]] schools of law, secondary sources of Islamic law are [[Ijma|consensus]], the exact nature of which bears no consensus itself; [[Qiyas|analogical reason]]; [[Istislah|seeking]] the [[Maslaha|public interest]]; [[Istihsan|juristic discretion]]; the [[Fatwā|rulings]] of the [[Sahabah|first generation]] of Muslims; and [[urf|local customs]].<ref>{{cite web |url=http://www.usc.edu/dept/MSA/law/shariahintroduction.html |title=Shari'ah and Fiqh |access-date=2008-07-26 |work=USC-MSA Compendium of Muslim Texts |publisher=University of Southern California |url-status=dead |archive-url=https://web.archive.org/web/20080918043205/http://www.usc.edu/dept/MSA/law/shariahintroduction.html |archive-date=18 September 2008}}</ref> [[Hanafi]] school frequently relies on analogical deduction and independent reasoning, and [[Maliki]] and [[Hanbali]] generally use the [[Hadith]] instead. [[Shafi'i]] school uses Sunnah more than Hanafi and analogy more than two others.<ref name="Jurisprudence"/><ref name="Ijtihad">{{cite web |url=http://www.al-islam.org/al-tawhid/ijtihad-legislation.htm |title=The Role of Ijtihad in Legislation |access-date=2008-07-26 |last=Motahhari |first=Morteza |author-link=Morteza Motahhari |publisher=Al-Tawhid}}</ref>{{better source|reason=We need a better source on Sunni jurisprudence than a passing comment by a Shia jurist|date=March 2019}} Among [[Shia]], [[Usuli]] school of [[Ja'fari jurisprudence]] uses four sources, which are Qur'an, Sunnah, consensus and the [['aql|intellect]]. They use consensus under special conditions and rely on the intellect to find general principles based on the Qur'an and Sunnah, and use the [[usul al-fiqh|principles of jurisprudence]] as a methodology to interpret the Qur'an and Sunnah in different circumstances. [[Akhbari]] Ja'faris rely more on scriptural sources and reject [[ijtihad]].<ref name="Jurisprudence"/><ref>Momen (1985), pp. 185–187 and 223–234</ref> According to Momen, despite considerable differences in the principles of jurisprudence between Shia and the four Sunni schools of law, there are fewer differences in the practical application of jurisprudence to ritual observances and social transactions.<ref>Momen (1985), p. 188</ref>

==Primary sources==

=== Qur’an ===
[[File:Opened Qur'an.jpg|thumb|right|A copy of the Qur'an, one of the primary sources of Sharia.]]

The Qur'an is the first and most important source of Islamic law. Believed to be the direct word of God as revealed to Muhammad through angel [[Jibril|Gabriel]] in [[Mecca]] and [[Medina]], the scripture specifies the moral, philosophical, social, political and [[Islamic economics|economic]] basis on which a society should be constructed. The verses revealed in Mecca deal with [[Islamic philosophy|philosophical]] and [[Islamic theology|theological]] issues, whereas those revealed in Medina are concerned with socio-economic laws. The Qur'an was written and preserved during the life of Muhammad, and compiled soon after his death.<ref name=NomaniQ/>

The verses of the Qur'an are categorized into three fields: "science of speculative theology", "[[Islamic ethics|ethical principles]]" and "rules of human conduct". The third category is directly concerned with Islamic legal matters which contains about five hundred verses or one thirteenth of it. The task of interpreting the Qur'an has led to various opinions and judgments. The interpretations of the verses by Muhammad's companions for Sunnis and [[Shia Imams|Imams]] for Shias are considered the most authentic, since they knew why, where and on what occasion each verse was revealed.<ref name="Jurisprudence"/><ref name=NomaniQ>Nomani and Rahnema (1994), pp. 3–4</ref>

=== Sunnah ===
{{main|Sunnah}}
The Sunnah is the next important source, and is commonly defined as "the traditions and customs of Muhammad" or "the words, actions and silent assertions of him". It includes the everyday sayings and utterances of Muhammad, his acts, his tacit consent, and acknowledgments of statements and activities. According to [[Shi'ite]] jurists, the sunnah also includes the words, deeds and acknowledgments of the [[Imamah (Shi'a twelver doctrine)|twelve Imams]] and [[Fatimah]], Muhammad's daughter, who are believed to be [[The Fourteen Infallibles|infallible]].<ref name="Jurisprudence"/><ref name=NomaniH>Nomani and Rahnema (1994), pp. 4–7</ref>

Justification for using the Sunnah as a source of law can be found in the Qur'an. The Qur'an commands Muslims to follow Muhammad.<ref>{{cite quran|59|7|style=ref}}</ref> During his lifetime, Muhammad made it clear that his traditions (along with the Qur'an) should be followed after his death.<ref>Qadri (1986), p. 191</ref> The overwhelming majority of Muslims consider the sunnah to be essential supplements to and clarifications of the [[Qur'an]]. In Islamic jurisprudence, the Qur'an contains many rules for the behavior expected of Muslims but there are no specific Qur'anic rules on many religious and practical matters. Muslims believe that they can look at the way of life, or ''[[sunnah]]'', of Muhammad and his companions to discover what to imitate and what to avoid.

Much of the sunnah is recorded in the [[Hadith]]. Initially, Muhammad had instructed his followers not to write down his acts, so they may not confuse it with the Qur'an. However, he did ask his followers to disseminate his sayings orally. As long as he was alive, any doubtful record could be confirmed as true or false by simply asking him. His death, however, gave rise to confusion over Muhammad's conduct. Thus the Hadith were established.<ref name=NomaniH/> Due to problems of authenticity, the [[Science of hadith|science of Hadith]] (Arabic: 'Ulum al-hadith) is established. It is a method of textual criticism developed by early Muslim scholars in determining the veracity of reports attributed to Muhammad. This is achieved by analyzing the text of the report, the scale of the report's transmission, the routes through which the report was transmitted, and the individual narrators involved in its transmission. On the basis of these criteria, various Hadith classifications developed.<ref name="H-EoI">"Hadith", ''Encyclopedia of Islam''.</ref>

To establish the authenticity of a particular Hadith or report, it had to be checked by following the chain of transmission (''[[isnad]]''). Thus the reporters had to cite their reference, and their references reference back to Muhammad. All the references in the chain had to have a reputation for honesty and possessing a good retentive memory.<ref name=NomaniH/> Thus biographical analysis (''[[Ilm ar-Rijal|'ilm al-rijāl]]'', lit. "science of people"), which contains details about the transmitter are scrutinized. This includes analyzing their date and place of birth; familial connections; teachers and students; religiosity; moral behaviour; literary output; their travels; as well as their date of death. Based upon these criteria, the reliability (''thiqāt'') of the transmitter is assessed. Also determined is whether the individual was actually able to transmit the report, which is deduced from their contemporaneity and geographical proximity with the other transmitters in the chain.<ref>Berg (2000) p. 8</ref> Examples of biographical dictionaries include [[Ibn Hajar al-Asqalani]]'s "''[[Tahdhib al-Tahdhib (Asqalani)|Tahdhīb al-Tahdhīb]]''" or [[al-Dhahabi]]'s "''[[Tadhkirat al-huffaz|Tadhkirat al-huffāz]]''."<ref>See:
*Robinson (2003) pp. 69–70;
*Lucas (2004) p. 15</ref>

Using this criterion, Hadith are classified into three categories:<ref name=NomaniH/>
#Undubitable (''[[mutawatir]]''), which are very widely known, and backed up by numerous references.
#Widespread (''mashhur''), which are widely known, but backed up with few original references.
#Isolated or Single (''wahid''), which are backed up by too few and often discontinuous references.

in a Shariah court a qadi (judge ) hears a case, including witnesses and evidence . then the qadi makes a ruling . sometimes the qadi consults a mufti or scholar of law, for an opinion.

==Secondary sources==
All medieval Muslim jurists rejected arbitrary opinion, and instead developed various secondary sources, also known as juristic principles or doctrines,{{Clarify|date=September 2008}} to follow in case the primary sources (i.e. the Qur'an and Sunnah) are silent on the issue.<ref>Makdisi, John (1985). "Legal Logic and Equity in Islamic Law", The American Journal of Comparative Law, '''33''' (1): 63–92</ref>

===Consensus===
{{main|Ijma}}
The ''ijma' '', or consensus amongst [[Fuqaha|Muslim jurists]] on a particular legal issue, constitutes the third source of Islamic law. Muslim jurists provide many [[Ayah|verses]] of the Qur'an that legitimize ''ijma' '' as a source of legislation.<ref name= Mahmasani>Mahmasani, S. ''Falsafe-e Ghanoongozari dar Eslam''. Tehran: Amir Kabir. p. 143</ref><ref>Verses {{cite quran|2|143|style=ref}}, {{cite quran|3|103|style=ref}}, {{cite quran|3|110|style=ref}}, {{cite quran|4|59|style=ref}}, {{cite quran|4|115|style=ref}} and {{cite quran|9|119|style=ref}} are presented by Mahmasani.</ref> Muhammad himself said:
*"My followers will never agree upon an error or what is wrong",
*"God's hand is with the entire community".<ref name = Mahmasani/><ref>Muslehuddin, M. ''Philosophy of Islamic Law and the Orientalists''. New Delhi: Taj printers, 1986. p. 146</ref>

<!--The principle of ''ijma' '' emerged as soon as Muhammad passed away. Its first notable application was the election of [[Abu Bakr]] as the [[Caliph]]. [[Sunnis]] often regard the election as proof of the effectiveness of ''ijma' ''.<ref name =NomaniI>Nomani and Rahnema (1994), pp. 7–9</ref>{{Clarify|date=September 2008}}-->In history, it has been the most important factor in defining the meaning of the other sources and thus in formulating the doctrine and practice of the Muslim community.<ref name = britIjma>Encyclopædia Britannica, ''Ijma''.</ref> This is so because ''ijma' '' represents the unanimous agreement of Muslims on a regulation or law at any given time.<ref>"Id̲j̲māʿ", ''Encyclopaedia of Islam''</ref>
<!--Sunni Muslims regard ''ijma' '' as the third fundamental source of sharia law, after the divine revelation of the Qur'an, the prophetic practice or Sunnah. The analogical reasoning or qiyas is described as fourth source in Sunni Islam, whereas Shi'a Islam uses 'aql (intellect). Many conservative Muslim writers have claimed that the use of ''ijma' '' makes Islamic law compatible with [[democracy]].-->

There are various views on ''ijma' '' among Muslims. Sunni jurists consider ''ijma' '' as a source, in matters of legislation, as important as the Qur'an and Sunnah. Shiite jurists, however, consider ''ijma' '' as source of secondary importance, and a source that is, unlike the Qur'an and Sunnah, not free from error.<ref name=NomaniI>Nomani and Rahnema (1994), pp. 7–9</ref> ''Ijma' '' was always used to refer to agreement reached in the past, either remote or near.<ref name = britIjma/> Amongst the Sunni jurists there is diversity on who is eligible to participate in ''ijma' '', as shown in the following table:

{| class="wikitable" style="font-size: 95%; float: center;"
! [[Madhab|School of jurisprudence]] !! Formation of ''ijma' '' !! Rationale
 |-
| rowspan="1" | [[Hanafi]]
|through public agreement of Islamic jurists
|the jurists are experts on legal matters
|-
| rowspan="1" | [[Shafi'i]]
|through agreement of the entire community and public at large
|the people cannot agree on anything erroneous
|-
| rowspan="1" | [[Maliki]]
|through agreement amongst the residents of [[Medina]], the first Islamic capital
|Islamic tradition says "Medina expels bad people like the furnace expels impurities from iron"
|-
| rowspan="1" | [[Hanbali]]
|through agreement and practice of Muhammad's [[Sahaba|Companions]]
|they were the most knowledgeable on religious matters and rightly guided
|-
|colspan ="7" style="background: #E9E9E9; font-size: 90%" | Source:<ref name="Jurisprudence"/><ref name =NomaniI/>
|}





In modern Muslim usage it is no longer associated with traditional authority and appears as democratic institution and an instrument of reform.<ref name= britIjma/>

===Analogical reason===
{{main|Qiyas}}
''Qiyas'' or analogical reason is the fourth source of [[Sharia]] for the majority of [[Sunni]] jurisprudence. It aims to draw analogies to a previously accepted decision. [[Shiite]]s do not accept analogy, but replace it with reason (''[['Aql|aql]]''); among Sunnis, the [[Hanbali]]tes have traditionally been reluctant to accept analogy while the [[Zahiri]]tes don't accept it at all, although they allow Religious Inference. Analogical reason in Islam is the process of legal deduction according to which the jurist, confronted with an unprecedented case, bases his or her argument on the logic used in the [[Qur'an]] and [[Sunnah]]. Legally sound analogy must not be based on arbitrary judgment, but rather be firmly rooted in the primary sources.<ref name=NomaniQ1>Nomani and Rahnema (1994), pp. 9–12</ref>

Supporters of the practice of ''qiyas'' will often point to passages in the Qur'an that describe an application of a similar process by past Islamic communities. According to supporters of the practice, Muhammad said: "Where there is no revealed injunction, I will judge amongst you according to reason."<ref>Mahmasani, S. ''Falsafe-e Ghanoongozari dar Eslam''. Tehran: Amir Kabir. p. 140</ref> Further, supporters claim that he extended the right to reason to others. Finally, supporters of the practice claim that it is sanctioned by the [[ijma]], or consensus, amongst [[Sahaba|Muhammad's companions]].<ref name=NomaniQ1/> Islamic studies scholar [[Bernard G. Weiss]] has pointed out that while analogical reason was accepted as a fourth source of law by later generations, its validity was not a foregone conclusion among earlier Muslim jurists.<ref>[[Bernard G. Weiss]], ''The Search for God's Law: Islamic Jurisprudence in the Writings of Sayf al-Din al-Amidi'', p. 633. [[Salt Lake City]]: [[University of Utah Press]], 1992.</ref> Thus the issue of analogical reason and its validity was a controversial one early on, though the practice eventually gained acceptance of the majority of Sunni jurists.

The success and expansion of Islam brought it into contact with different cultures, societies and traditions, such as those of [[Byzantine Empire|Byzantines]] and [[Persia]]ns. With such contact, new problems emerged for Islamic law to tackle. Moreover, there was a significant distance between [[Medina]], the Islamic capital, and the Muslims on the periphery on the Islamic state. Thus far off jurists had to find novel Islamic solutions without the close supervision of the hub of Islamic law (back in Medina). During the [[Umayyad dynasty]], the concept of ''qiyas'' was abused by the rulers. The [[Abbasid]]s, who succeeded the Umayyads defined it more strictly, in an attempt to apply it more consistently.<ref name=NomaniQ1/>

The general principle behind the process of ''qiyas'' is based on the understanding that every legal injunction guarantees a beneficial and welfare satisfying objective. Thus, if the cause of an injunction can be deduced from the primary sources, then analogical deduction can be applied to cases with similar causes. For example, [[Islam and alcohol|wine is prohibited in Islam]] because of its intoxicating property. Thus ''qiyas'' leads to the conclusion that all [[intoxicant]]s are forbidden.<ref name=NomaniQ1/>

The [[Hanafi]] [[maddhab|school of thought]] very strongly supports ''qiyas''. [[Imam]] [[Abu Hanifa]], an important practitioner of ''qiyas'', elevated ''qiyas'' to a position of great significance in [[Islamic law]]. Abu Hanifa extended the rigid principle of basing rulings on the Qur'an and Sunnah to incorporate opinion and exercise of free thought by jurists. In order to respond suitably to emerging problems, he based his judgments, like other jurists, on the explicit meanings of primary texts (the Qur'an and sunnah). But, he also considered the "spirit" of Islamic teachings, as well as whether the ruling would be in the interest of the objectives of Islam. Such rulings were based on public interest and the welfare of the Muslim community.<ref name=NomaniQ1/>

{{Rquote|right|The knowledge of ours is an opinion, it is the best we have been able to achieve. He who is able to arrive at different conclusions is entitled to his own opinion as we are entitled to our own.|[[Abu Hanifa]]<ref name=NomaniQ1/>}}

The [[Shafi'i]] [[maddhab|school of thought]] accepts ''qiyas'' as a valid source. Imam Shafi'i, however, considered it a weak source, and tried to limit the cases where jurists would need to resort to ''qiyas''. He criticized and rejected analogical deductions that were not firmly rooted in the [[Qur'an]] and [[sunnah]]. According to [[Shafi'i]], if analogical deductions were not strictly rooted in primary sources, they would have adverse effects. One such consequence could be variety of different rulings in the same subject. Such a situation, he argued, would undermine the predictability and uniformity of a sound legal system.<ref name=NomaniQ2>Nomani and Rahnema (1994), pp. 13–15</ref>

[[Imam Malik]] accepted ''qiyas'' as a valid source of legislation. For him, if a parallel could be established between the effective cause of a law in the primary sources and a new case, then analogical deduction could be viable tool. Malik, however, went beyond his adherence to "strict analogy" and proposed pronouncements on the basis of what jurists considered was "public good".<ref name=NomaniQ2/>

===Juristic preference===
{{main|istihsan}}
[[Abu Hanifa]] developed a new source known as juristic preference.<ref name= britIstihsan>Encyclopædia Britannica, ''Istihsan''</ref> Juristic preference is defined as:
*A means to seek ease and convenience,
*To adopt tolerance and moderation,
*To over-rule analogical reason, if necessary.<ref name= Histihsan/>

The source, inspired by the principle of conscience, is a last resort if none of the widely accepted sources are applicable to a problem. It involves giving favor to rulings that dispel hardship and bring ease to people.<ref name=NomaniQ2/> The doctrine was justified directly by the Qur'anic verse stating: "Allah desires you ease and good, not hardship".<ref name=Histihsan>Hasan (2004), pp. 157–160</ref> Though its main adherents were Abu Hanifa and his pupils (such as Abu Yusuf), Malik and his students made use of it to some degree. The source was subject to extensive discussion and argumentation,<ref>Hallaq, "Considerations on the Function and Character of Sunnī Legal Theory".</ref> and its opponents claimed that it often departs from the primary sources.<ref name=NomaniQ2/>

This doctrine was useful in the [[Islamic world]] outside the Middle East where the Muslims encountered environments and challenges they had been unfamiliar with in [[Arabia]].<ref name=britIstihsan/> One example of isthisan is cited as follows: If a well is [[Najis|contaminated]] it may not be used for ritual purification. Istihsan suggests that withdrawing a certain number of buckets of water from the well will remove the impurities. Analogical reason, however, dictates that despite removing some of the water, a small concentration of contaminants will always remain in the well (or the well walls) rendering the well impure. The application of analogy means the public may not use the well, and therefore causes hardship. Thus the principle of justistic preference is applied, and the public may use the well for ritual purification.<ref name=Histihsan/>

===Public interest===
Malik developed a tertiary source called ''[[Istislah|al-maslahah al-mursalah]]'', which means that which is in the best interests of the general public. According to this source of Islamic law, rulings can be pronounced in accordance with the "underlying meaning of the revealed text in the light of public interest". In this case, the [[Ulema|jurist]] uses his wisdom to pursue public interest. This source is rejected by the Shafi'ites, Hanbalites and Zahirites from Sunni jurisprudence.<ref name=NomaniQ2/>

===Inference===
Shafi'i accepted cases in which he had to be more flexible with the application of Qisas. Similar to Abu Hanifa and Malik, he developed a tertiary source of legislation. The Shafi'i school adopted ''istidlal'' or [[inference]], a process of seeking guidance from the source. Inference allowed the jurists to avoid strict analogy in a case where no clear precedent could be found. In this case, public interest was distinguished as a basis for [[legislation]].<ref name=NomaniQ2/>

Muslim scholars divided inference into three types. The first is the expression of the connection existing between one proposition and another without any specific effective cause. Next, inference could mean presumption that a state of things, which is not proved to have ceased, still continues. The final type of inference is the authority as to the revealed laws previous to Islam.<ref>Hodkinson, Keith. ''Muslim Family Law: A Sourcebook''. [[India]]: [[Routledge]], 1984.</ref>

===Reason===
{{main|Ijtihad}}
[[Shi'ite]] jurists maintain that if a solution to a problem can not be found from the primary sources, then ''aql'' or reason should be given free rein to deduce a proper response from the primary sources. The process, whereby rational efforts are made by the jurist to arrive at an appropriate ruling, when applied is called ''ijtihad'' (literally meaning "exerting oneself"). Shi'ite jurists maintain that qiyas is a specific type of ijtihad. The Sunni Shafi' school of thought, however, holds that both qiyas and ijtihad are the same.<ref name =NomaniIj>Nomani and Rahnema (1994), pp. 15–16</ref>

Sunni jurists accepted ijtihad as a mechanism for deducing rulings. They, however, announced an end to its practice during the thirteenth century. The reason for this was that centers of Islamic learning (such as [[Baghdad]], [[Nishapur]], and [[Bukhara]]) had fallen into the hands of the Mongols. Thus, the "doors to ijtihad", were closed.<ref name=NomaniIj/> In Sunni Islam, thus, ijtihad was replaced by ''taqlid'' or the acceptance of doctrines developed previously.<ref name=IjtEI>Ijtihad, ''Encyclopaedia of Islam''</ref> Later in Sunni history, however, there were notable instances of jurists using reason to re-derive law from the first principles. One was [[Ibn Taymiyya]] (d. 728/1328), another was [[Averroes|Ibn Rus̲h̲d]] (Averroes d. 595/1198).<ref name = IjtEI/>

There are many justifications, found in the Qur'an and sunnah, for the use of ijtihad. For example, during a conversation with Mu'ādh ibn Jabal, Muhammad asked the former how he would give judgments. Mu'ādh replied that he would refer first to the Qur'an, then to the Sunnah and finally commit to ijtihad to make his own judgment. Muhammad approved of this.<ref>ʻAlwānī (1973), p. 9</ref>

A lawyer who is qualified to use this source is called a ''mujtahid''. The founders of the Sunni [[madhab]]s (schools of law) were considered such lawyers. All ''mujtahid'' exercise at the same time the powers of a ''[[mufti]]'' and can give ''[[fatwa]]''. Some ''mujtahid'' have claimed to be ''muj̲addid'', or "renewer of religion." Such persons are thought to appear in every century. In Shi'ite Islam they are regarded as the spokespersons of the hidden Imam.<ref name=IjtEI/>

===Local custom===
{{main|Urf}}

The term urf, meaning "to know", refers to the customs and practices of a given society. Although this was not formally included in Islamic law,<ref name=UrfEI>"Urf", ''Encyclopaedia of Islam''</ref> Sharia recognizes customs that prevailed at the time of Muhammad but were not abrogated by the Qur'an or the tradition (called "Divine silence"). Practices later innovated are also justified, since Islamic tradition says what the people, in general, consider good is also considered as such by [[Allah|God]]. According to some sources, urf holds as much authority as ijma (consensus), and more than qiyas (analogical deduction). Urf is the Islamic equivalent of "[[common law]]".<ref name = Urf>Hasan (2004), pp. 169–71</ref>

Local custom was first recognized by Abū Yūsuf (d. 182/798), an early leader of the Ḥanafī school. However, it was considered part of the Sunnah, and not as formal source. Later, al-Sarak̲h̲sī (d. 483/1090) opposed it, holding that custom cannot prevail over a written text.<ref name=UrfEI/>

According to Sunni jurisprudence, in the application of local custom, custom that is accepted into law should be commonly prevalent in the region, not merely in an isolated locality. If it is in absolute opposition to Islamic texts, custom is disregarded. However, if it is in opposition to analogical reason, custom is given preference. Jurists also tend to, with caution, give precedence to custom over doctoral opinions of highly esteemed scholars.<ref name=Urf/> Shi'ite scholars do not consider custom as a source of jurisprudence, nor do the Hanbalite or Zahirite schools of Sunni jurisprudence.

==See also==
{{Portal|Islam}}
*[[Fiqh]]
*[[Ijazah]]
*[[Madrasa]]

==Notes==
{{reflist}}

==References==
*ʻAlwānī, Ṭāhā Jābir Fayyāḍ. ''Uṣūl Al Fiqh Al Islāmī''. IIT. Based on the author's PhD thesis at [[Al-Azhar University]].
*{{cite book
  | last = Hasan
  | first = Abrar
  | author-link = Abrar Hasan
  | title = Principles of modern Islamic jurisprudence
  | publisher = Pakistan Academy of Jurists
  | year = 2004
  | location = [[Karachi]]
}}
* {{cite book | last=Momen | first=Moojan |  title= An Introduction to Shi'i Islam: The History and Doctrines of Twelver Shi'ism| publisher=Yale University Press | year=1985 | isbn=0-300-03531-4}}
*{{cite book
  | last = Motahhari
  | first = Morteza
  | author-link = Morteza Motahhari
    | title = Jurisprudence and Its Principles, translator:Salman Tawhidi
  | publisher = Moslem Student Association (Persian Speaking Group)
  | year=1983
  | url = http://www.al-islam.org/jurisprudence/
  | isbn = 0-940368-28-5}}
*{{cite book
  | last = Nomani
  | first = Farhad
  |author2=Rahnema, Ali.
   | title = Islamic Economic Systems
  | publisher = Zed books limited
  |year=1994
  | location =New Jersey
  | isbn = 1-85649-058-0}}
*Qadri, A. A (1986). ''Islamic jurisprudence in the Modern World''. New Delhi: Taj Company.

===Encyclopedias===
*{{cite encyclopedia | encyclopedia=The New Encyclopædia Britannica | publisher=Encyclopædia Britannica, Incorporated | edition=Rev | year=2005 | isbn=978-1-59339-236-9}}
*Libson, G.; Stewart, F.H. "ʿUrf." [[Encyclopaedia of Islam]]. Edited by: P. Bearman, Th. Bianquis, C.E. Bosworth, E. van Donzel and W.P. Heinrichs. Brill, 2008. [[Brill Online]].  10 April 2008

==Further reading==
* Fadlalla, Mohamed; Lang, Peter. ''Das islamische Ehe- und Kindschaftsrecht im Sudan'', Frankfurt, 2001. {{ISBN|3-631-37722-3}}
* Fadlalla, Mohamed. ''Die Problematik der Anerkennung ausländischer Gerichtsurteile: Beiträge zum Internationalen Zivilprozessrecht und zur Schiedsbarkeit''. Tectum, 2004. {{ISBN|3-8288-8759-7}}
* Glassé, Cyril. ''The Concise Encyclopaedia of Islam'', 2nd Edition. London: Stacey International, 1991. {{ISBN|0-905743-65-2}}
* Goldziher, Ignaz; translated by Hamori, R. ''Introduction to Islamic Theology and Law''. [[Princeton, New Jersey|Princeton]]: [[Princeton University Press]], 1981. {{ISBN|0-691-10099-3}}
* Hallaq, Wael. "Was the Gate of Ijtihad Closed?", ''International Journal of Middle East Studies'', '''16''' (1): 3–41, 1984.
* Kamali, Mohammad Hashim. ''Principles of Islamic Jurisprudence'', Cambridge: Islamic Text Society, 1991. {{ISBN|0-946621-24-1}}
* Kamali, Mohammad Hashim. ''Principles of Islamic Jurisprudence'', 2003.
* Musa, Aisha Y. ''Hadith as Scripture: Discussions on the Authority of Prophetic Traditions in Islam'', New York: Palgrave, 2008.
* Richard Potz: [http://nbn-resolving.de/urn:nbn:de:0159-20101025271 Islamisches Recht und europäischer Rechtstransfer], in: [[Europäische Geschichte Online]], hrsg. vom [[Institut für Europäische Geschichte (Mainz)]], 2011, Zugriff am: 24.08.2011

==External links==
''Sunni''
* [https://web.archive.org/web/20080918043205/http://www.usc.edu/dept/MSA/law/shariahintroduction.html Shari`ah and Fiqh]
* [https://web.archive.org/web/20080509183931/http://www.usc.edu/dept/MSA/law/alalwani_usulalfiqh/ Source Methodology In Islamic Jurisprudence] by Taha Jabir Al 'Alwani

''Shia''
* [http://www.al-islam.org/jurisprudence/ Jurisprudence and Its Principles ] by [[Morteza Motahhari]]
* [http://al-islam.org/al-serat/default.asp?url=ijtihad.htm The Principle of Ijtihad in Islam ] by [[Morteza Motahhari]]
* [http://www.al-islam.org/al-tawhid/ijtihad-legislation.htm The Role of Ijtihad in Legislation ] by [[Morteza Motahhari]]

{{Islam topics|state=collapsed}}

{{good article}}

{{DEFAULTSORT:Sources Of Islamic Law}}
[[Category:Islamic jurisprudence]]
[[Category:Sharia]]