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KembaraXtra–Islamic Finance – The Sources of Shari’ah: Revealed and Non-Revealed
Introduction
In Islamic jurisprudence, the sources of Shari’ah are classified into two main categories: revealed and non-revealed. The revealed sources represent divine guidance, directly originating from Allah and conveyed through His Messenger, while the non-revealed sources reflect the effort of human intellect in interpreting and applying divine principles to new and evolving circumstances.
The two primary revealed sources are:
The Qur’an itself affirms the authority of the Sunnah, instructing believers to follow the Messenger in both spiritual and worldly matters. Thus, while the Qur’an is the supreme text, the Sunnah serves as its indispensable companion, bridging textual principles with real-life application.
On the other hand, the non-revealed sources of Shari’ah are developed through juristic reasoning (ijtihad) by scholars. These include:
According to Professor Mohd Hashim Kamali, these mechanisms demonstrate the dynamic interplay of revelation and reason in the development of Islamic law. Revelation provides the divine foundation, while reason ensures flexibility and applicability across time, place, and culture.
For Muslims, therefore, the Sunnah is recognized as the secondary source of law after the Qur’an. Many aspects of life—rituals, financial dealings, ethical conduct—are clarified through the Prophet’s actions and rulings, forming a practical model for implementation.
25 Case Scenarios with Solutions
20 Questions & Answers
Introduction
In Islamic jurisprudence, the sources of Shari’ah are classified into two main categories: revealed and non-revealed. The revealed sources represent divine guidance, directly originating from Allah and conveyed through His Messenger, while the non-revealed sources reflect the effort of human intellect in interpreting and applying divine principles to new and evolving circumstances.
The two primary revealed sources are:
- The Qur’an – the ultimate, unchanging word of Allah, containing foundational principles of belief, worship, morality, and law.
- The Sunnah (Prophetic Traditions) – the sayings, actions, and tacit approvals of Prophet Muhammad (peace be upon him). The Sunnah elaborates and clarifies Qur’anic injunctions, often providing practical examples for matters not detailed in the Qur’an.
The Qur’an itself affirms the authority of the Sunnah, instructing believers to follow the Messenger in both spiritual and worldly matters. Thus, while the Qur’an is the supreme text, the Sunnah serves as its indispensable companion, bridging textual principles with real-life application.
On the other hand, the non-revealed sources of Shari’ah are developed through juristic reasoning (ijtihad) by scholars. These include:
- Qiyas (Analogical reasoning): Applying the principle of an existing ruling to a new situation with similar circumstances.
- Istihsan (Juristic preference): Preferring a ruling that serves fairness and justice over strict analogy.
- Istislah (Public interest/maslahah): Issuing rulings based on the welfare of the community.
- Ijma (Consensus): Agreement of qualified scholars on a particular legal issue.
According to Professor Mohd Hashim Kamali, these mechanisms demonstrate the dynamic interplay of revelation and reason in the development of Islamic law. Revelation provides the divine foundation, while reason ensures flexibility and applicability across time, place, and culture.
For Muslims, therefore, the Sunnah is recognized as the secondary source of law after the Qur’an. Many aspects of life—rituals, financial dealings, ethical conduct—are clarified through the Prophet’s actions and rulings, forming a practical model for implementation.
25 Case Scenarios with Solutions
- Case: The Qur’an commands prayer, but not its method.
Solution: The Sunnah demonstrates how to perform it, step by step. - Case: The Qur’an commands Zakat but does not detail rates.
Solution: The Sunnah specifies categories and percentages. - Case: The Qur’an prohibits Riba, but someone asks what counts as Riba.
Solution: The Prophet clarified: unequal exchanges of gold, silver, dates, and grain. - Case: A merchant hoards food for higher profit.
Solution: Prophet prohibited hoarding. Principle: public interest prevails. - Case: The Qur’an allows trade, but man sells what he doesn’t own.
Solution: Prophet forbade selling what is not in possession. - Case: A woman asks if her breastfed child and neighbor’s child are siblings.
Solution: Prophet confirmed milk kinship. - Case: Qur’an commands modesty, but man asks about clothing.
Solution: Prophet forbade men from wearing silk and gold. - Case: A debtor cannot pay on time.
Solution: Prophet encouraged extension or forgiveness. - Case: Two companions dispute over irrigation water.
Solution: Prophet distributed turns fairly. - Case: The Qur’an forbids alcohol; someone asks if diluted drinks are allowed.
Solution: Prophet said, “Every intoxicant is haram.” - Case: Question about continuous fasting.
Solution: Prophet disallowed to prevent harm. - Case: A trader mixes low-quality goods with high-quality.
Solution: Prophet forbade. Legal principle: honesty in trade. - Case: Parents ask about duties after death.
Solution: Prophet taught charity, prayers, and maintaining kinship. - Case: A farmer sells fruit before ripening.
Solution: Prophet forbade until maturity. - Case: Qur’an commands justice, but man cheats weights.
Solution: Prophet condemned weight fraud. - Case: Two companions trade unequal quantities of dates.
Solution: Prophet forbade and directed them to sell for cash first. - Case: Travelers wonder about shortening prayers.
Solution: Prophet allowed Qasr (shortened prayer). - Case: People ask about inheritance beyond Qur’an’s rules.
Solution: Prophet applied fair distribution based on need and right. - Case: A man wants to marry but has no dowry.
Solution: Prophet permitted marriage with Qur’an recitation as dowry. - Case: Traders inflate prices through false bidding.
Solution: Prophet forbade Najash (false bidding). - Case: Someone doubts his ablution during prayer.
Solution: Prophet said ignore unless certainty exists. - Case: Neighbors argue about rights over shared wall.
Solution: Prophet said, “Do not harm your neighbor.” - Case: A worker asks about his wage.
Solution: Prophet instructed immediate payment after work. - Case: Question about animal as collateral.
Solution: Prophet said benefit (milk) must equal responsibility (feeding). - Case: Qur’an commands honesty, but merchants hide defects.
Solution: Prophet forbade concealment.
20 Questions & Answers
- Q: What are the two main types of Shari’ah sources?
A: Revealed and non-revealed. - Q: What are the two revealed sources?
A: The Qur’an and Sunnah. - Q: Which source is supreme in Islamic law?
A: The Qur’an. - Q: What is the Sunnah’s role?
A: Clarifies and complements the Qur’an. - Q: Name one non-revealed source.
A: Qiyas (analogy). - Q: What is Ijma?
A: Consensus of scholars on legal issues. - Q: What is Istihsan?
A: Juristic preference for fairness. - Q: What is Istislah?
A: Legal rulings for public welfare. - Q: Who validates the authority of Sunnah?
A: The Qur’an itself. - Q: What is the Prophet’s role in explaining Qur’an?
A: Provide detailed application. - Q: Can profit exist without risk?
A: No, benefit must equal liability. - Q: What did Prophet say about hoarding?
A: It is forbidden. - Q: Is selling unripe fruit allowed?
A: No, due to gharar. - Q: Can debts be forgiven?
A: Yes, strongly encouraged. - Q: What is Najash in trade?
A: False bidding, prohibited. - Q: Why is weight manipulation sinful?
A: It violates justice. - Q: Can Qur’an recitation be dowry?
A: Yes, Prophet allowed. - Q: Why are intoxicants prohibited?
A: Because they impair intellect. - Q: How did Prophet treat neighbors’ rights?
A: Emphasized no harm or injustice. - Q: What do non-revealed sources demonstrate?
A: The balance of revelation and human reasoning.
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