Islamic Law Essay

record book and hadith atomic number 18 the implicit in(p) sources of Muslim shariah. When the solving to the arising businesss is not easy in these sources, Ijtihad is subprogramd to reach an appropriate solution in Islamic jurisprudence. Secondary sources of Islamic shariah law like Ijma, Qiyas, Istihsan and Maslahah are also forms of Ijtihad. These secondhand sources stand a sequence and a data udder to the Mujtahid to reach to a solution of a problem in the most appropriate way and at the same season assist in cookery of Islamic law and development of system of shariah law as a whole.Introduction Quran and hadith (in the form of Hadith) are the two fundamental sources of sharia. in general the definition and acceptability of altogether separate sources of Shariah varies in various sects of Islam. accord to Sunni school of thought, the fundamental sources of Islam include Quran, Sunnah and Ijtihad, whereas according to Shiite school of thought, Quran and Sunn ah are the only when authentic sources of Shariah and Ijtihad can only be a bring factor and that too only in near circumstances.Ijtihad can be defined as use of ones own utmost abilities in deriving secondary opinions from the four fundamental sources of Islamic law, namely Quran, Sunnah, Ijma and Qiyas. Can the Secondary Sources be Characterized as Forms of Ijtihad In the eyes of majority of Muslim scholars, particularly Sunni Muslims, every(prenominal) told the secondary sources including Ijma, Qiyas, Istihsan and Maslahah are forms of Ijtihad. Rather all these secondary sources in one form or the other contribute towards Ijtihad. For example, in case of an incident for which no authentic proof is operable in Quran and Sunnah, the only option available is Ijtaihad.This Ijtaihad impart either be supported by consensus of assorted learned scholars of Islam, or it pass on be through by comparing and drawing similarities or differences in the different aftermaths of past which occurred during the duration of Prophet or His companions. In case no previous event is available, and consensus does not occur among the scholars on the issue, then the only way out is to either look for the advantageously by ones own deliberations (Istihsan) or to determine what is in the interests of human welfare (Istislah or Maslahah).Therefore, it will not be wrong to theorize that all the four secondary sources can be characterized as forms of Ijtihad and all contribute towards it. Importance of Having so Many Different Sources to Represent Ijtihad Ijtihad is a very(prenominal) complex phenomenon and that is why, very strict criteria have been devise in Islam for a somebody to be a Mujtahid. Therefore, while making a judgment a Mujtahid needs to evaluate the available data onward he proceeds to make a judgment. flat the most authentic and fundamental sources i. e.Quran and Sunnah have already been ruled out for the priming that if a solution was present is thos e sources, there was no need for Ijtihad. In the absence of those two sources, a Mujtahid needs some extra sources in value to formulate the judgment, though Quran and Sunnah must(prenominal) be kept at the back of the mind. These additional sources like Ijma, Qiyas, Istihsan and Maslahah provide the Mujtahid with a data bag and a sequence to analyze the event and exceed him logically to an acceptable solution which is not contrast with the teachings of Quran and Sunnah.Therefore, it is extremely important to have nonuple sources to represent Ijtihad. Importance of Secondary Sources in Creating justness and Development of System of Shariah While canvass the Islamic law, one must keep in mind that the times have changed a divvy up since the era of Prophet Muhammad and with the passage of time many situations came up which were not there in the times of Prophet. For example in the times of Prophet, there was not concept of photography and only thing that was available was Ta sweer that is the hand painted pictures and the person who made those pictures was cognize as Mussawir.The Prophet prohibited the Tasweer in that time and He was quoted as saying that a person who will make a Tasweer will be asked on the Day of Judgment to bring support into that Tasweer. Today, we know that in the present era photography is a compulsion in passport and identity operator cards etc. Therefore, Islamic scholars reached a conclusion through Ijtihad that what was prohibited was Tasweer and not the photography.Photography, as per current science, is actually the image preserved on a paper and even the companions of the Prophet used to give away the image in mirror or in the water, so according to scholars, it is not prohibited in Islam. Similarly there are many other problems which needed solution in the present time due to modernization and advent of technology. If these secondary sources were not used in creation of Islamic law, the Islamic law will become stagna nt and will not be able to equate the exigencys of ever-changing scenario and modern developments of science and technology.Hence, the basis characteristics of these secondary sources i. e. consensus, touchstone and comparison, equity and public policy are all extremely important in formulation of Islamic law. Side by side, it will also care in development of system of Shariah as a whole so as to meet the requirement of pragmatism, practicality and need of the changing times. Conclusion According to Holy Quran, Prophet Muhammad has been sent as a Prophet for whole universe and this is not practical till the time his teachings are applicable to all the times.This applicability for all the times is only possible if the teachings can be interpreted according to changing times. All this is only possible through these secondary sources, if used correctly in accordance with the prefatorial teachings of Quran and Sunnah. Hence, these secondary sources are part and destiny of Islam ic law and must be interpreted as such. References References have not been cited as per the requirement of the client. Original language has been used without quotations.