3. From the middle of the first century A.H. to the beginning of the second. At this stage, Islamic Law became a distinct science of its own that scholars would specialize in. Schools of thought were formed in this period, which is the stage that Islamic Law as a science was established.
4. From the beginning of the second century to the middle of the fourth. During this stage, the codification of Islamic Law was completed.
5. From the middle of the fifth century to the fall of Baghdad at the hands of the Tatars in the middle of the seventh century. At this stage, the writings in the field of Islamic Law started to become rigid and beset by blind following.
6. From the middle of the seventh century to the to the beginning of the modern era. This stage is one of weakness with regard to the methodologies employed in the codification of Islamic Law.
7. From the middle of the thirteenth century A.H. to the present day. During this period, studies in Islamic Law broadened considerably, especially in the field of Comparative Law and in the critical study of the major classical works in the field.
The Sources of Islamic Law
What we mean by “the sources of Islamic Law” are the types of evidence that the Lawgiver set down as valid proofs for the injunctions. The jurists unanimously agree upon some of these types of evidence, these being the Qur’ân, the Sunnah, and juristic consensus. The majority of scholars also recognize juristic analogy as a fourth source of evidence.Added to this are secondary forms of evidence like juristic discretion, customary practice, and the consideration of general welfare.
Before discussing these sources of Law in depth, it is appropriate to make it clear that all of them, in actuality, have their origins in one source, that being the Qur’ân.
Every source of Law coming after the Qur’ân is derived from it. For this reason, al-Shâfi`î, the founder of one of the four orthodox schools of thought, used to say: “The injunctions must be derived only from the sacred texts or related back to them.” Al-Shâfi`î did not recognize anything except the sacred texts or referring issues back to them. Furthermore, he recognized juristic analogy as the only valid way of referring new issues back to the texts.
Other leading jurists had a broader view of what could be considered a means of referring issues back to the texts, adding all the other possible secondary sources of Law.
We shall first discuss the primary sources of Islamic Law – the Qur’ân, Sunnah, juristic consensus, and juristic analogy. Thereafter, we shall deal with the secondary sources – juristic discretion, the consideration of general welfare, and customary practice.
The sources of Islamic law are as follows:
1. The Qur’ân: This is the origin of all Islamic legislation. It sets forth the fundamentals of the Sharî`ah, clarifying its principle teachings. It clarifies beliefs in great detail and discusses forms of worship and legal matters in broad terms. It fulfills the role in Islamic Law that a constitution fulfills for the man-made laws of nations. It is the model for the Prophet (peace be upon him) and those who come after him. This is why the Qur’ân is considered the source of all legislation, even though its role as a “constitution” for Islamic Law limits it to clarifying injunctions in only general terms, rarely dealing with particular details.
