The primary sources of Islamic law

Introduction
The one single important concept from which all of Islam’s teachings are intrinsically linked to is tawheed (monotheism). It is at the core of Muslim belief and practice. It is the reason why God sent prophets and messengers, including the prophet Muhammad throughout human history, Qur’an, 16:36. After professing the shahadah (testimony of faith), believers are required to follow the fundamental teachings of Islam and observe its rules and regulations. The purpose of creation from an Islamic point view is to worship God, (Qur’an 51:56). Worship in Islam differs from other religious traditions in that the demarcation between sacred and profane is blurred. Mundane acts, such as going to the bathroom has the potential to be an act of worship if done according to the teachings of Islam. The idea of surrender and submission to God is intrinsically interwoven into Islam’s legal system. Tariq Ramadan points out the importance of Islamic law, “the shahadah makes one Muslims; the observance of Islamic law could be seen as the way to remain Muslim”, (Ramadan, 2004, p, 32). In Islam law essentially falls in the religious domain, Shari’ah represents God’s guidance for humankind.  In elucidating God’s revealed law found in Shari’ah scholars have utilised variety of sources to understand God’s will for humanity. In the following essay I will examine the first primary sources of Shari’ah.  

Literal meaning of shari’ah is a path to a watering hole, (Kamali, 2006, p.19). The basic understanding of Shari’ah refers to the body of laws found in the Qur’an and the Sunnah of the Prophet Muhammad, (Philips, 2000). Shari’ah is the straight path chosen by God for humanity to traverse this material reality in accordance to God’s will. The Quran states, “then We put you on a straight path (shari’ah) in your affairs, so follow it and do not follow the desires of those who have no knowledge,” (Qur’an 45:18). In the above verse is God addresses orders prophet Muhammad not to follow any other path other than that of Shari’ah. It appears from the verse God equates shari’ah with knowledge and wisdom, everything else that is in opposition to shari’ah is ignorance. Another terms used in the Qur’an in direct opposition to Shari’a is hawa or desire, (Qur’an, 28:50). It is natural for human beings to follow their desires.  The Qur’an does not condemn all human desires, some desires are essential for survival. However desire arising from ignorance and/or lack of proper knowledge is viewed by the Qur’an as pernicious. If it is left unchecked it corrupts the individual and eventually the entire society falls prey, (Kamali, 2012). The purpose of shari’ah is to believers control and harnesses their unbridle desires and people from the bondage of caprice and avarice of their lower self and fulfil their rightful role as God’s vicegerent (khalifa) on earth. 

The first source of Shari’ah
Throughout history, irrespective of sectarian influence, all Muslims have accepted the Qur’an as the primary revealed source of guidance. It is the literal spoken words of God, revealed to the prophet Muhammad thorough the medium of angel Jibraeel (Gabriel). It was revealed over a period of twenty three years in two geographical locations namely, Makkah and Madinah, in modern day Saudi Arabia. It is considered by Muslims the last and final communication of God to humankind. The Quran consists of 114 chapters (suras) arranged according to the chapter length not chronologically. The word Quran is derived from the Arabic verbal noun qara’a, meaning to read or to recite. As a noun the Qur’an means that which is to be read or recited aloud. Apart from referring to itself as the Qur’an no less than 55 times, calls itself by many other names such as, Al Furqan (the Criterion), Al Dhikr, (the reminder), Al Tanzil, (the Revelation) Al Kitab, (the Book) and so forth, (Ahmed, 2004, p, 15). 

Corresponding to its principle name, scholars agree that revelation began with the imperative, “read recite (irqa) in the name of your lord...” (Qur’an 96:1). As the last message of God to mankind, the Quran’s final revelation is as follows, “this day I have perfected your religion for you and completed my favour upon you, and chosen Islam as your (din) religion, (Qur’an, 5:3). The Qur’an begins with sura al-fatiha (the opening chapter), followed by sura al-Baqara (the cow) which reads. “This is a book wherein there is no doubt; there is guidance for the God fearing” (Qur’an, 2:2). That is not to say that there is doubt in the book rather there is no doubt that the book contains guidance for the believers. We learn from Qur’an and the teaching of the prophet that revelation occurred throughout human history. According to the Qur’an, God sent prophets and messenger throughout human history all early revelations contained the same basic message commanding people to worship God and live the holy life. “We have sent to every nation a messenger saying worship Allah and avoid taghut or false gods”, (Qur’an, 16:36), says the Qur’an. The main purpose of revelation is acknowledge His sovereignty (tawheed) and to worship Him alone. 

Authenticity and preservation of the Qur’an is topical issue among Muslims and non Muslim scholars. Western scholars have argues that large corpus of Muslim texts are fabrications and inventions. Since they cannot be traced back to the prophet Muhammad, institutionalisation of Muslim law and dogma cannot be relied on. Muslim scholars long held that the Qur’an was transmitted through unbroken continuous testimony (tawatur), (Kamali, 2006). Muslim scholars maintain that the Qur’an was transmitted by such a large number of people via multiple chains of transmission that it is inconceivable that such a collective lie and/or mistake could take place. The oral social norm of Arab culture is also presented as evidence for the authenticity and preservation of the Qur’an. The Qur’an was revealed in a society whose majority population were illiterate. Traditional teaching emphasise that the prophet was himself illiterate. Oral cultures were renowned for memorising vast amounts of information. It is feasible for members or oral cultures to memorise hundreds and thousands of stories and poetry and pass it on from one generation to another without mistakes or discrepancy. Pre-Islamic Arab society was renowned for poetry. Arabs would entertain themselves and their guests by reciting lengthy poems that took hours to recite. Muslim scholars argue that the Qur’an was not only committed to memory by the prophet himself, many of his companions are also known to have memorised the entire Qur’an during the life time of the prophet, (Denfer, 2007, p, 33). 

The oral tradition of memorising and teaching the Qur’an from one generation to another continues in Muslim societies even to this day. The Qur’an is approximately four fifth of the New Testament, yet the entire Qur’an is memorised by Muslims throughout the Muslim world. Children as young as four years old are known to have committed the entire Qur’an to memory. Written records of the Qur’an have also been offered by Muslim scholars in their defence against orientalist scholars who claim that the Qur’an came into existence much later than Muslims’ claim. Apart from the oral transmission, Muslim scholars and historians argue that entire Qur’an was written down during the life time of the prophet, (Denfer, 2007). Although the Qur’an was not written down and compiled into a single book, during the life time of the prophet, there is evidence the entire Qur’an was written down on parchments and other writing materials. The Qur’an was compiled into a book format during the reign of the second caliph Abu Bakr and then standardised by Uthman, (Denfer, 2007).

The Qur’an as a legal document
In the current political atmosphere Islam often viewed through the lenses of terrorism, violence and as an ideology seeking to uproot all other civilisations and their values. However careful reading of the Qur’an and the practical guidance of the prophet Muhammad does not reflect this concocted narrative often portrayed in the media. Hallaq maintains, “In propounding his message, the prophet plainly wished to break away from pre-Islamic values an institutions, but only in so far as he needed to establish,” (1997, p, 3). John Esposito also makes similar claims, “much of the Quran’s reforms consist of regulations or moral guidance that limit or redefine rather than prohibit or replace existing practice,” (1988, p, 79). Among the many social reform and exhortations that sought to modify existing cultural norms of the pre-Islamic Arabs is restricting polygamy to four wives as opposed unrestricted practice prevalent at the time. The Qur’an was not revealed to do away with existing civilisations or existing cultural norms and values. Everyone is in agreement that Islam is a legalistic religious tradition with a rich scholarship that goes back to the early periods of Islam. Law and Jurisprudence are the primary religious science in Islam. Islam governs every aspect of human life, once committed the believer’s overriding concerns and questions revolves around living in accordance to God’s will. Scholars are in agreement that the Qur’an is not a legal book nor does it call itself as such, (Kamali, 2008). The legal martial is very small compared to its overall content. Approximately 500 verses of the 6235 verses in the Qur’an are of legal importance (Hallaq, 1997, p.3). The vast majority of the Quran’s verses are concerned with moral and religious themes, devotional matters, man’s relationship to God, his fellow human beings and the universe.

The importance of gradual revelation
Unlike other revelations the Qur’an was sent down and revealed stages, (Denfer, 2007). We learn from the Qur’an that it was God who caused it to descend from the protected tablet (al law al-mahfuz) on which it was written to the lowest heavens, (Bayt al-Izzah), (Philip, 2005, 131), “But this is an honoured Qur’an, (inscribed in a preserved slate, (Qur’an 85:21-22). From lowest heavens the Qur’an was revealed to humankind in piecemeal over a period of twenty three years. The Qur’an provides rational for the graduality, the unbelievers say “why not the Qur’an has been sent down to him at all once?” Thus, it was revealed so that your hearts may be strengthened, and we rehearse it to you gradually, and well arranged, Qur’an 25:32. The Qur’an did not introduce principles and legislation all at once, just like the segmented revelation principles and laws were revealed in stages. Take the banning of alcohol for example. From the Qur’an we learn that alcohol was allowed in the early phase of Islam, later on the Qur’an offers a moral prescription, (Kamali, 2006, p, 20): “they ask you about alcohol and gambling. Say to them there is great harms in them and also benefit for people, but their harms outweighs their benefit”, (Qur’an, 2:219). This moral prescription was then replaced by a legal ruling that warned Muslims not to come to Salah (prayer) intoxicated, “do not come near salah when you are intoxicated, until you know what you are saying”, Qur’an, 4:43). Then the third and final verse on alcohol made it prohibited, “... verily, alcohol, gambling and fortune-telling are filth, they are the result of devil’s work, so stay away from them”, (Qur’an, 5:90). 

Muslim scholars have classified the Quran in to two phases. All the verses and chapters revealed before the migration (hijra) of the prophet are classified as Makkan. While verses and chapters revealed after the hijra are classified as Madinan. There are clear unique characteristic between the Makkan and Madinan revelations. The new religious community during this phase of revelations were an oppressed minority. In the initial phase of the Prophet’s mission the Qur’an mainly emphasised on the concept of tawheed (Oneness of God). Islam’s revolutionary call during this period was mainly concerned with building the ideological basis of Islam. Bilal Philip argues that, “Most of the people in Makkah believed in a supreme being known by the name “Allah” from the most ancient of times. However, they had added a host of other gods who shared God’s names and attributes”, (Philips, 2000, p, 8). The prophetic mission in Makkah concentrated on the belief system of Islam. The chapters and verses during this phase are on God’s Oneness, uniqueness of his attributes. They also introduce the notion of hereafter, thus encouraging people of the consequences of their actions. Apart from Salah (daily prayers) no other pillars of Islam was introduced in this phase of revelation. 

Many Makkan verses and chapters are considerably short in length, they were designed to catch the attention of the hostile audience who were not willing to listen long drawn out statements, (Philips, 2005). In contrast Madinan chapters and verses are much longer. The Madinah period marks the turning point in Islamic history. In Makkah the prophet and his followers were oppressed and weak, their voices, aspirations and religious sentiments were not tolerated by the social elites who were relentless in their resolve to wipe out this new religious movement. In Madinah the Prophet not only found sanctuary but he was welcomed there as an arbitrator between two rival tribes, the Banu Aws and Banu khajraz. His entry in Madinah right from the start was one that conferred on him considerable authority and power. The new place not only gave the Muslims respite but it provided the much needed space for the universal principles revealed in Makkah to be elaborated upon and practiced, (Masud, 2009). On his arrival, “the prophet hastened to build the masjid (Mosque) in which the rites of Islam, which were long suppressed, could be practiced and in which the prayers could be established,” (Al-Ghazali, no date, p). 

The second source of Shari’ah
The literal meaning of the word Sunnah stands for the” well known path”, or the path that has been “well trodden” by people previously and one that will be followed again and again by future generations, (Nayazee, 2003, p, 162). The Sunnah also implies normative practice or an established code of conduct. The opposite of sunnah is bid’ah (innovation) that is, the course of action is at odds with the normative pattern of conduct. The technical definition of sunnah according to the fuqaha (Muslim jurists) refers to the sayings, action and tacit approval of the Prophet. Scholars of hadith or the traditionalists however include the characteristics of the Prophet in their definition of sunnah, (As-Sibaee, 2008, p, 73). 

The term hadith (pl. Ahadith) literally means an “item of news, a tale or a story, it can be new or old”, it could historical, legendary, either true or false. In this sense hadith (pl. ahadith) refers to any type of communication. For example the Qur’an itself is hadith as illustrated by the following verse, “then leave me alone (O Muhammad) those who reject this communication”, (Qur’an 68: 44). Like many other Arabic words the term hadith acquired new meaning with the advent of Islam. During and after the death of the Prophet the term hadith came to be applied exclusively to the reports related to the Prophet Muhammad, (Phillips, 2003). Hadith is a report collected containing one of the following: what the Prophet said, description of his action, his silent reaction to a matter brought before him and his physical characteristic. Muslims, even scholars tend to use both of these terms interchangeably.  

Authority of the Sunnah: 
Throughout Islamic history with the exception of some contemporary groups, such as Ahl al-Quran, all Muslims have accepted the Qur’an and the Sunnah as the two authoritative sources in Islam. Both of these sources played an instrumental in the construction Islam’s theological doctrines and legal framework, (Abrahamov, 1998 p.1). The authority of Muhammad is indisputable and indispensible; the Qur’an is replete with verses instructing the believers to obey the messenger. There approximately 40 verses in the Qur’an saying “obey God and obey the messenger”. We established the Qur’an as the patent revelation (wahi jail). The ulema are also of the opinion that the Sunnah as latent, (wahy khafi) or assumed revelation, (Hasan, 2000, p, 9). The following verse is usually cited to justify the claim that the Prophet’s sunnah is divinely inspired, “he does not speak from his desires it is a revelation revealed unto him”, (Qur’an, 53:3). Although at first reading one might conclude that the verse is reference to the revelation of the Qur’an but the scholars are unanimous that the above verse refers to the sunna. The slogan that the Qur’an is in need of the sunnah clearly illustrates the significance of the prophetic authority in Islam. Abu Bakr Ahmad ibn al –Husayn al-Bayhaqi states that the ‘Qur’an connects the belief in Muhammad with the belief in God and that God ordered Muslims to follow His revelation as well as the Prophet’s traditions’ (cited in Abrahamov, 1998,  p. 4). 

Obligation to obey and follow the messenger
The duty of the prophet Muhammad assigned by God was to explain the Qur’an to the people as the verse indicates, “We sent them” with clear proofs and written ordinances. And we revealed to you the message that you may make clear to the people what was sent down to them and that they might give thought, (Qur’an, 16:44). Prophet Muhammad is the chief explainer of the Qur’an. Obedience to God is obedience to the prophet, “He who obey the messenger, obeys Allah” (Qur’an, 4:80). In the case of any dispute all matters should be brought back to God and his messenger, “Oh you, who believe, obey Allah, and his messenger and those charged with authority amongst you. Should you differ in anything then refer it back to Allah and his messenger, (Qur’an 4:59). The Qur’an further instructs the believers in the following verse, “Whatever the messenger gives you, take it, whatever he forbids you, and abstain from it”, (Qur’an, 49:7). Even ones faith is in danger in one does not the Prophet is not taken as the final arbitrator, “By your lord they can have no faith, until they make you the judge in all their disputes, and then find in their hearts no resistance against your decision, (Qur’an, 4:65). From the above verses we conclude that obedience to the prophet is an integral part of being a Muslim.  Muhammad is the messenger of God and the bearer of the final revelation from God to humankind. Then there can be no surprise that his practical guidance occupies the second most important source in Islam. As the prophet of Islam he is seen as the most perfect Muslim whose words and deed are to be emulated.  

The Sunnah in Islamic law
Muslim scholars maintain that the Qur’an precedes sunnah on account of it being the literal spoken of God. They also say that the Qur’an is need of the Sunnah.  The Sunnah is not need of the Qur’an. The claim here is that the Sunnah interprets the Qur’an and not the other way round. Without consulting to the Sunnah Islam’s key concepts and principles, rites and rituals would remain elusive if not completely misunderstood. The Qur’an lays down broad principles and maxims, as the messenger of God, his role was not just to deliver the message but it was in his mission to explain and assume the role of a practical guide. The Sunnah of the Prophet aids the interpreter of the Qur’an; it clarifies general principles that need clarification, (Dien, 2004, p, 37). For example, the Qur’an orders believers to establish prayer perform Hajj (pilgrimage) without giving any instructions on how to perform them. The sunnah clarifies and acts and the practical guidance on such issues. The sunnah acted in parallel with the continuous revelation of the Qur’an while the prophet demonstrated the many legal injunctions through his divinely inspired life style. When one of the prophet’s wife Aish’ah was asked about the character of the prophet, she replied, “Have you not read the Quran?”, “Verily, the character of the Prophet of Allah was the Quran”. Thus, the Prophet was the perfect embodiment of the Qur’an; his actions were in agreement with the divine will. 
Authenticity of the sunnah:
The authenticity and integrity of the Qur’an is not in dispute. Even those who reject the sunnah of the Prophet accept the Quran’s integrity and authority. This is not the case when it comes to the Sunnah, “questions about the authenticity of the Sunnah have long been of central importance in the study of ḥadīth”, (Hamdeh, 2019). The text of the Qur’an was preserved and fixed, no one could add or delete from it, but the words of the Prophet remained inchoate, (Brown, 2014). The statements of the Prophet were forged on a massive scale, (Kamali, 2005). Ahmed ibn Hanbal observed “that no other literature had there been so much forgery committed as in hadith and tafsir” (cited in Siddiqi, 2001, p149). The extent of the sheer number of fabricated hadith can only be understood when one realises there exists a body of literature just on maudu’at (forged traditions). Scholars put forward a variety of reasons why hadith forgery became so widespread. Some of them were heretics, others were those who had lost their countries to Islam and still other illiterate, though sometimes well intentioned, muslims themselves, (Azami, 1977, p, 68) Then there were political and theological partisans who put words into the mouth of Muhammad to advance their own goals, (Brown, 2014 p, 22).  

On account massive forgeries and sceptical about historicity and authenticity of hadith some western scholars have cast doubts on the entire hadith literature, arguing that the vast majority of statements attributed to Muhammad cannot be traced back to him in any reliable way. Joseph Schacht argues that the “sunnah of the Prophet developed for the first time in the eighth century due to the influence of the traditionalist movements under the aegis of Shafi, and that this usage gave legal authority to later customer practice and traditions”, cited in Esposito, 1988, p, 81). John Esposito argues that Joseph Schacht’s “first century vacuum with regards to the existence of prophetic tradition is a theory or conclusion completely overlooks or dismisses the Muslim science of tradition criticism and verification and does violence to the deeply ingrained sense of tradition in Arab culture...”, (1988, p,81). It is impossible to contemplate that companions of the Prophet who were absolutely devoted to the Prophet would flout explicit verses the Qur’an ordering believers to follow him. 

Conclusion
Shari’ah unlike any other legal system is based on religious text. As I mentioned in at the beginning, Islam is a monotheistic religious faith whose revolutionary concept of tawheed demands believers to acknowledge God’s rule over creation. Since the Qur’an represents God’s revelation it must necessarily occupy the central role in governing individuals and society in general. The role of the Sunnah in Islamic law is the logical conclusion since Muhammad is the messenger of God, the recipient and expounder of God’s final revelation, his sunnah as the second source law cannot be disputed.  


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