Primary Sources of Islamic Law: Quran and Sunna
Main Legal Sources of Muslim/Islamic Law
The primary sources of Islamic law are the Qur’an, the Sunna, the consensus (Ijma), and analogy (Qiyas). Custom (Urf) is a more disputed source.
The Qur’an
The Qur’an is the book containing the revelations that the Prophet Muhammad claimed to have received, in Arabic, directly from God through the archangel Gabriel. It is the first book in the Arabic language. The final, official version is the work of the third Caliph, Uthman.
The only criterion used to classify the 114 chapters (Suras) was decreasing order of length. These chapters vary in length and are divided into *ayah* (signs of God), or verses, ranging from 3 to 286 verses.
Muslim dogma holds that the Qur’an is the literal word of God. Therefore, each citation is preceded by the formula: “God Most High says.” Sunni doctrine maintains that the Qur’an, as God’s word, is one of His eternal attributes; it has not been created and has no origin in time. This is expressed in the formula: “The Qur’an is uncreated.”
The non-Sunni Shiite and Ibadi communities deny the existence of divine attributes, recognizing the rigorous monotheism of the Quran.
The Qur’an was revealed to Muhammad in isolated, brief fragments over more than 20 years of religious preaching (622-632 AD). These ancient fragments were believed to be written in a celestial archetype. When Muhammad received the transmissions, he memorized them and later dictated them to his disciples.
Reading and interpretation were impossible without an oral tradition of the text. Variants led to different interpretations. Only those of Kufa and Madina were considered legitimate.
Except for the first Sura (chapter), the Qur’an is entirely in the form of God speaking directly to Muhammad.
- In the fragments revealed in Mecca, the arguments are primarily religious and moral.
- The revelations of Madina concern more secular matters, including rules relating to areas outside the religious field.
Legal matters appear only in the revelations of the Madina decade, and constitute a small portion of the entire book (approximately 500 verses out of 6200). Only about a hundred verses deal strictly with legal issues. These legal norms, dictated directly by God, represent the core of Islamic law and give the Islamic legal system its religious nature.
All Medinese Suras were revealed piecemeal; therefore, it is impossible to reconstruct a complete system based solely on the Quranic verses.
The topics covered are quite varied, including family law, legitimate succession and acts of last will, a regime of slavery, usury rules, aspects of the validity of deed contracts, purchase agreements, the legal status of Jews and Christians, credit, and testimonies.
The Sunna
The Sunna is the tradition concerning the Prophet Muhammad, encompassing his sayings and actions. It is considered the true commentary on the Qur’an. Judges refer to the Sunna (also known as *Sunna an-Nabi*) in every ruling they make.
It is the second source of *fiqh* (Islamic jurisprudence) knowledge and refers to conduct based on the sayings, deeds, or tacit approvals of Muhammad (acting as a man in his life circumstances). The Sunna was preached by the early followers of Muhammad. It was Al-Shafi’i who definitively established the Sunna of the Prophet.
The Sunna is based on stories (*hadith*) or traditions that meet certain requirements and refer to the behavior of Muhammad. Each *hadith* consists of two parts:
- Matn: The content in the strict sense.
- Isnad: The chain of transmission, consisting of the people who transmitted the *hadith*.
Transmission through different people has led to questions about the veracity of the traditions. Therefore, certain characteristics have been established to determine their acceptance, based on the following:
- The more perfect the chain of transmission, the more recent the *hadith*.
- In ancient times, the most reliable *hadiths* were attributed directly to Muhammad or another authority close to the Prophet.
- Most legal *hadiths* originate from the first half of the second century of the Hijra.
- There are no authentic central transmitters from the time of Muhammad and no spurious central *hadiths* relating to successive generations.
- *Hadiths* about Muhammad were produced between the years 150 and 250 of the Hijra.
- The legal *hadiths* referring to Muhammad are not the original basis of Muslim law, but rather a later innovation.
Classification Criteria of Hadith
Based on accuracy, authority, and the number of transmitters, traditions are classified as:
- Exact
- Beautiful
- Weak or ill
Based on the number of transmitters:
- Widely transmitted
- Remarkable
- Unique