1. Sources of Islamic ShraihBy
Muhammad Ali Khan

2. Important areas
Explain in detail the basic sources of “Islamic Law” with special reference to “Ijtihad”. (2001)
Is Ijtehad is no more practical? Explain.What are required conditions for a mujtahid
Does a learned Muslim have the right of Ijtehad? Discuss its consequences (2005)
Describe in detail the four basic sources of Islamic Law. Explain Ijma and Ijtehad specifically. (2004)
In order to meet challenges of modern times, there is a need to establish versatile institutions of Ijtehad. What measure would you suggest? (2009)

3. Important Areas
In the present period the Muslim Ummah is facing different problems and for the solution of these problem “ijtehad” is necessary, so point out such an institution that can offer solution of the new problems with the help of Ijtehad. (2011)
Produce a Juristic-definition of Both Ijtihad and Ijma Elaborating Possible Role of Both the above in Imslamization of a State in Modern Time (2006)
Describe in detail the four basic sources of Islamic Law. Explain IjmA and Ijtehad specifically.
While describing in detail the four basic sources of Islamic Law, also explain that Maslih-e-Mursala, Istihsan and Urf are the basic sources of Islamic Law. (2002)
Write down a comprehensive essay on the basic sources of law in Islam. (2003)
Explain with arguments the system of Law and Justice of Islam. (2003)
Quran as foundation of law 2013
Wisdom of gradual revelation of Quran 2014

4. Difference between Religion and Shraih
Shraih is the moral code and religious law of Islam.
Sharia deals with many topics addressed by secular law, including crime, politics and economics, as well as personal matters such as Marriage, Foods, prayer, and fasting
The sharia is the opinion of the Muslim community and extensive literature

5. Primary sources of Islamic law:
The principles set forth in the Quran,
The example set by the Holy prophet Muhammad in the Sunnah
Secondary Sources
Islamic jurisprudence interprets and extends the application of sharia to questions not directly addressed in the primary sources by including secondary sources
These secondary sources usually include the consensus of the religious scholars embodied in ijma, and analogy from the Quran and Sunnah through Qiyas
Shaitee jurists prefer to apply reasoning ('aql) rather than

6. Some terms Consensus = Ijma Analogical deduction = Qiyas
Preference = Istehsan
al-maslaha al-mursalah, which means social benefit
Common practice = urf
Taqlid = as was said before

7. Sources of Shraih Primary Quran Sunnah Ijma Ijma Qyais Ijtehad
Secondary
Ijma
Qyais
Ijtehad
Mashalih Al Mursalah
Istidlal
Istehsan
Taqleed
Urf
Primary
Quran
Sunnah
Ijma

8. Secondary Sources Ijma‘ (consensus) Ijtehad
Ijtihad bayani (interpretative reasoning)
Ijtihad qayasi (analogical reasoning)
Istihsan (preference /appreciative reasoning)
Istislah (masalih mursalah) (peace-making reasoning)
Istidlal (deductive reasoning)
Istishab (coalitional reasoning)
Zarurat Shar‘i (legal necessity)
Urf wa ‘adah (usage)
Aqwa al-fuqaha’ (saying of jurists)
Iztirar (Exigency)

9. Quran and sunnah

10. Primary Sources of Shariah Laws : Al- Qur’an
Al- Quran is the words of Allah revealed to the Prophet Muhammad SAW in Arabic conveyed by angel of Jibrail.
Al- Quran consists of 114 chapters and about 6666 verses
It is a miracle in following aspects:
Its language is in clear and pure Arabic of the highest.
Its contains information and stories about peoples of the past.
It foretells future events which really took place afterwards as foretold.
It also tells about the creation of life and the universe, the orbits of the Earth, the sun, moon and the stars, and the formation of clouds and rains

11. Cont…Primary Sources of Shariah Law
It contains laws and rules on how to regulate political, legal, economic, social and moral matters in society
There are
350 legal verses (ayat ahkam) in the Quran:
140 verses concern Ibadat
70 verses concern munahakat
70 verses concern muamalat

12. Compilation of Quran Initial Phase Revelation Initial Compilation
From Loah-e-Mehfooz
Initial Compilation
Stones, Leaves, Hide, Boon
First Compilation
Learning by Heart
Second Compilation-Book- Manuscript
Copies of the Qur-3rd Caliph
Consensus on one dialect
Punctuation of Quran

13. assuredly Guarded by Allah
Surat Al-Ĥijr - سورة الحجر
Lo! We, even We, reveal the Reminder, and lo! We verily are its Guardian.
بےشک یہ (کتاب) نصیحت ہمیں نے اُتاری ہے اور ہم ہی اس کے نگہبان ہیں

14. Compilation of Quran Second Phase Third Phase
Translations and Interpretations
Translated in more than 100 Languages
Third Phase
E Sources

15. Arrangement Surat Al Alaq was first surah but placed as 96. (1/96)
Surat Al Mudassar was second surah
but placed as 74.           (2/74)
Surat Al Muzammil was third surah
But placed as 73.               (3/73)
Surat Al Qalam was fourth surah
but placed as 68.                    (4/68)
Surat Al Akhlas was fifth surah
but placed as 1.                         (5/1) 

16. Sunnah
Practice
Sayings
Approvals
Exclusive Acts ???

17. Saha-e-Sittah Sahih al-Bkhari صحیح البخاری
Name of the Book
 Urdu Name
Compiled By
Sahih al-Bkhari
صحیح البخاری
Imam Muhammad al-Bukhari (died 256 AH)
Sahih Muslim
صحیح مسلم
Imam Muslim (died 261 AH)
Sunan Nisai
سنن نسائی
Imam Ahmad an-Nasai (died 306 AH)
Sunan Abu Daud
سنن أبی داؤد
Imam Abu Daud, (died 275 AH)
Sunan Tirmizi
سنن ترمذی
Imam Muhammad Tirmizi (died 279 AH)
Sunan Ibn-e-Maja
سنن ابن ماجہ
Imam Ibn e Maja
Died 273 AH

18. Characteristics of primary Sources
Universal
Provides dogmas for life
Error Free
Contains Heavenly wisdom
Practical, Natural and Pragmatic
Guarded by Allah
Narrated in Quran and explained by Sunnah
Not contradictory to each
Time tested

19. Compilation of Quran
The verses however, were written on separate pieces, scrapes of leather, thin flat stones, leaflets, palm branches, shoulder blades, etc
After the demise of the prophet, Abu Bakr (r.a.), ordered that the Qur’an be copied from the various different materials on to a common material and place, which was in the shape of sheets
These were tied with strings so that nothing of the compilation was lost

20. Cont..
Hazrat Usman (R.A.) borrowed the original manuscript of the Qur’an, which was authorized by the beloved Prophet (pbuh), from Hafsha (may Allah be pleased with her
Hazrat Usman (R.A) ordered four Companions who were among the scribes who wrote the Qur’an when the Prophet dictated it, led by Zaid bin Sabit (R.A) to rewrite the script in several perfect copies. These were sent by Usman (R.A.) to the main centres of Muslims.
Two such copies of the copied text of the original Qur’an authenticated by the Prophet are present to this day, one at the museum in Tashkent in erstwhile Soviet Union and the other at the Topkapi Museum in Istanbul, Turkey

21. Cont…
The original manuscript of the Qur’an does not have the signs indicating the vowels in Arabic script
These vowels are known as tashkil, zabar, zair, paish in Urdu and as fatah, damma and qasra in Arabic
The Arabs did not require the vowel signs and diacritical marks for correct pronunciation of the Qur’an since it was their mother tongue
For Muslims of non-Arab origin, however, it was difficult to recite the Qur’an correctly without the vowels
These marks were introduced into the Quranic script during the time of the fifth ‘Umayyad’ Caliph, Malik-ar- Marwan (66-86 Hijri/ C.E.) and during the governorship of Al-Hajaj in Iraq

22. Summary
Prophet Muhammad (PBUH) himself supervised and authenticated the written texts of the  Qur’an
Order and sequence of Qur’an divinely inspired
Qur’an copied on one common material
Usman (RA) made copies of the Qur’an from the original manuscript
Diacritical marks were added for non-Arabs
Allah Himself has promised to guard the Qur’an
Allah has promised in the Qur’an :
"We have, without doubt, sent down the Message; and We will assuredly Guard it (from corruption)." [Al- Hijr 15:9]

23. Wisdom of gradul revelation of quran

24. Wisdom of gradual Revelation of Quran
1.To strengthen the heart of Prophet Muhammad -may blessings and peace be upon him-.
Allah decreed: “And those who disbelieve say, “Why was the Qur’an not revealed to him all at once?” Thus [it is] that We may strengthen thereby your heart. And We have spaced it distinctly (recited it with distinct recitation).” (Al Furqaan/The Criterian: 32)

26. Why to Strengthen Heart
2. Because by the gradual revelation, which was appropriating
the event,
condition,
situation occurred at that time
to be strongly recorded in mind and heart
and leave a deeper impression for one who received it (Muhammad) and for one to who it was preached

27. Renewal of Contacts
The coming of the angel to him will also be more frequently, thus psychologically renew his spirits in carrying out the teaching he was obliged to.
He (Muhammad -may blessings and peace be upon him-) must be very happy by the visits, which was hard to expressed. And because of this, the best moment in the month of Ramadan, is due to his reunion with the angel Gabriel

28. To challenge the disbelievers
2. who refused to believe in Qur’an, since they thought that it was curious for a Holy Book to be revealed gradually
Hence, Allah challenged them to create just a single soorah that comparable to it
In fact, the weren’t able to create even a single soorah that comparable to Qur’an, moreover a whole book of it

29. For ease 3. To make it easier to be understood and memorized.
the gradual revelation of the Qur’an, mankind was easier to memorize it, and to understand it’s meaning, particularly for illiterate people as the Arabs at that time
And once the verses of Qur’an revealed, they were directly memorized, understood, and practiced by the companions in their daily life. That is why, Umar Ibn Khattab RA once said,
“Learn the Qur’an five verses to five verses. Because (angel) Gabriel used to bring down the Qur’an to the Prophet -may blessings and peace be upon him-, five verses to five verses.” (Collected by Baihaqi)

30. To make the Muslims enthusiast
4. To make the Muslims enthusiast in receiving the teaching of Qur’an, and to make them zealous in practicing it
By gradual revelation, Muslims at that time were always expecting it, and missing the time of revelation of The verses
Particularly at the time they most need of it, such as the verses told about the false accusations from the hypocrites to the mother of the believers, Aisha, and verses explained about li’an

31. Establish the link of order and situation
5. To accompany to events happened among Muslims at that time, and to gradually establish the rulings for specific matters

32. Importance of Matters
The Qur’an started to be revealed gradually: from the most important matters, followed by the lower priorities in urgency.
Since the most essential matter in Islam is faith, then the first thing prioritized to be explained and revealed through Qur’an were about the faith in Allah, His angels, His books, His messengers, the Hour, the resurrection, and the heaven and the hellfire.

33. Cont…
After the Islamic beliefs grew and rooted strongly inside their hearts, that was the time Allah sent down the verses urged them to perform noble deeds, and prevented them from doing evil and wicked actions, to extinct the evildoings and damages to their roots
Also the verses explained about the legal and illegal in foods, beverages, properties, honors, blood/murders, etc.

34. Examples As Allah decreed:
Soorah Al An’am (The Cattle) is termed soorah makkiya, because it was revealed while the prophet was still in Mecca. The contents explained much upon faith, beliefs, tawheed (oneness of Allah), the danger of shirk, and the legal or illegal ones.
As Allah decreed:
“Say, “Come, I will explain what your Lord has prohibited to you. [He commands] that you not associate anything with him, and to parents, good treatment, and do not kill your children out of poverty; We will provide for you and them.” (Al An’am,/The Cattle: 152)
After that, the verses detailed about the rulings came in Medina, such as verse about the prohibition of usury and the legal state of trading. About adultery, was also prohibited in Mecca, in the verse of:
“And do not approach unlawful relations. Indeed, it is ever an immorality and is evil as away.” (Al Isra’/The night journey:32)
But the verses explained the details of punishment for the adulteress came in Medina afterward.

35. Example 2 about Khumar
Upon the prohibition of khamr (alcoholic drugs). The first verse to come was the verse of:
“And from fruits of the palm trees and the grapevines you take an intoxicant and good provisions…” (An Nahl/The Bee: 67)
After that, came the verse of:
“They ask you about wine and gambling. Say, “In them is great sin and [yet, some] benefit for people. But their sin is greater than their benefit.” (Al Baqara/The Cow: 219)

36. Cont…
In that verse, it was stated that the wine has some temporary benefits for mankind, but it’s danger is larger in effects toward their body; it could deteriorate their minds, it was a waste for their wealth, and could lead to various problems of crime and evil among society. After that verse, came the strict verse prohibited the drunk from performing prayers.
“O you who have believed, do not approach prayer while you are intoxicated until you know what you are saying.” (An Nisaa’/The Women: 43)

37. Cont…
After they acknowledged and recognized that drunk while praying was prohibited, then the stricter verse was revealed:
“O you who have believed, indeed intoxicants, gambling, [sacrificing on] stone alters [to other than Allah] and divining arrows are but defilement from the work of satan, so avoid it that you may be successful.” (Al Maida/The Table Spread: 90)

38. Conclusion
Thus, the Qur’an was revealed properly according to the events surrounded muslims life, along with their long and historical strives to establish the religion of Allah on His earth. And the verses were endlessly supporting and motivating them through their struggles.

39. Some important terminologies

40. Five main branches Sharia can be divided into five main branches:
Ibadah (ritual worship)
Mu'amalat (transactions and contracts)
Adab (morals and manners),
I'tiqadat (beliefs)
Uqubat (punishments)
Five main branches

41. Its opposite is the forbidden.
Legal Rulings The Shariah regulates all human actions and puts them into five categories:
Obligatory
Recommended
Permitted
Disliked
Forbidden Obligatory actions must be performed and when performed with good intentions are rewarded.
Its opposite is the forbidden.
Recommended action is that which should be done. Its opposite is the disliked.
Permitted action is that which is neither encouraged nor discouraged. Most human actions fall in this last category

42. Five main classifications of actions
fard (obligatory), Actions in the fard category are those required of all Muslims. They include the five daily prayers, fasting, articles of faith, obligatory charity, and the hajj pilgrimage to Mecca.
mustahabb (recommended), The recommended, permissible and discouraged categories are drawn largely from accounts of the life of the Islamic Prophet Muhammad. the mustahabb category includes proper behavior in matters such as marriage, funeral rites and family life, as civil law in the West. behavior is not mustahabb can be ruled against by the judge.

43. Cont… MUBAH (neutral), MAKRUH (discouraged), HARAAM (forbidden)
All behavior which is neither discouraged nor recommended, neither forbidden nor required is of the Mubah; it is permissible.
MAKRUH (discouraged),
Makruh behavior, while it is not sinful of itself, is considered undesirable among Muslims. It may also make a Muslim liable to criminal penalties under certain circumstances.
HARAAM (forbidden)
Haraam behavior is explicitly forbidden. It is both sinful and criminal. It includes all actions expressly forbidden in the Qur'an. Certain Muslim dietary and clothing restrictions also fall into this category.

44. Ijtehad

45. Out Line Concept From Quran,Caliphat and Fiqah Needs and limitations
Literal
In Fiqah
From Quran,Caliphat and Fiqah
Needs and limitations
Practice of Ijtehad
By Individual
By Institutions
Epilogue_Doors open or closed ?

46. Some misconceptions The doors of Ijtihad are closed
Individual ijtehad Possible ?
The scope includes definitive matters such as the prohibition of Riba (usury)
It is the reasoning of an individual and therefore cannot be a shariah rule
Ijtehad possible where Islamic evidences have not discussed directly i.e. upon new issues
Ijtehad is an individual obligation and therefore Taqleed is prohibited

47. Doors open or closed ?
In the fourth century of Hijrah a person called al- Qaffal issued a Fatwa closing the door of Ijtihad, thus he was called al-Qaffal which means the one who closes something
Imam Ghazali_ “freezing Islamic thinking in time”
During the Mogul invasion. Rulers feared that under pressure of occupation by non-Muslim forces that Ijtihad may lead to misinterpretations
Only with security can one tolerate differences. If the self is threatened it clutches to certainties, wants to keep them and builds on them.
In times of crises multiplicity of opinion is not encouraged and Ijtihad is endangered.

48. Concept
"Ijtihad" constitutes and effort to opt for one of two or more possible solutions in a given situation and to provide legal justification for that solution with legal justification”
Ijtihad is subjective, it starts with your belief and conscience. Science is objective, it starts with a tabula raza. You start with no basic values

49. Why Ijtehad
ijtihad addresses two important questions regarding Islam's continual relevance that are often thought to support reasons for its reform
Firstly, the non-specificity of Islam to the circumstances of seventh century Arabia
Secondly, the ability for the finite body of Islamic texts left by the Prophet of Islam (peace be upon him) to address ever changing human problems

50. Stages of Ijtehad Ijtihad consists of three general stages:
first, to objectively understand in detail the reality of the problem, question or dilemma for which a solution is sought, which may demand specific knowledge if relating to a particular area of expertise
second, to identify the Islamic texts, concepts and laws which discuss a relevant, or similar, subject matter;
third, to analogies between the current issue and the relevant texts in the original Islamic sources to identify similarities and differences, and through a process of weighing these similarities and differences extract a position on the current issue

51. Sunni Jurists , in Islamic history
Central Asia: Muhammad ibn Isma`il al-Bukhari (19 July 810) in the city of Bukhara in Khorasan , in present-day Uzbekistan
The Kufi (Iraqi) Imams such as Numan bin Thabit ('Abu Hanifah'),
North Africans :Al-Layth ibn Sa'd,
Arabs such as Malik ibn Anas and Mohammed Shafi'i, Andalusians, Ibn Hazm,
Central Asians and many others, whose impact has been such that much of the body of Islamic jurisprudence lies, to this day, within the framework of their endeavours.

52. Need for ijtehad
Foreign philosophies, such as the Indian, Persian and Greek had an impact on some Muslims, inducing them to commit attempts to reconcile between Islam and these philosophies
The intellectual invasion headed by missionaries in the 17th century
The political invasions during the 19th century
The cultural invasion by the West

53. Interpretation in the time Holy prophet
Bukhari narrated from Hazrat Aisha RA that when the Prophet (saw) returned from the battle of khandaq (ditch) and laid down his arms and took a bath. Jibrail came and said
“You have laid down your arms? By Allah, we angels have not laid them down yet. So set out for them.” The Messenger (saw) asked, “where to go?” so Jibrail pointed towards Banu Quraiza. The Prophet (SAW) instructed the mu`azzin to give azan and so he announced to the people: “Whosoever hears and obeys he should not pray Asr except in Bani Qurayzah.” 
So they headed towards the fortresses of Bani Qurayzah, however they had different understandings of what the Messenger (SAW) had said to them
Some took the literal meaning and they did not pray until they reached Bani Qurayzah after Maghrib.
Others took it to mean that they should go there quickly, so they prayed Asr in Madinah or on the way. When the Messenger (saw) heard about this he accepted the action of all them. [Bukhari: 894, 3810 Muslim: 3317]

54. In Khilafat e Rashada
Hazrat Ali, on the punishment which should be meted out to those who drank wine,
“We apply the punishment for defamation’, namely eighty lashes of the whip, because ‘if a person becomes intoxicated, he knows not what he says, and in such a condition he commits defamation.” Thus, through this analogy, drinking of wine was linked to defamation
Other examples of Ijtehad by orthodox Caliphs are as follows
Punishment as prescribed by the Qur’an for the thief, male or female, is to cut off their hands, but the 2nd caliph suspended it in the year of famine because of necessity and in order that people might keep alive

55. Caliph ‘Umar ,
Caliph ‘Umar , observed the principle of sound analogy (Tawil) in the interpretation of the Qur’anic verse:
Alms are only for the poor and the needy, and those who collect them and for those whose hearts are to be reconciled, and to free the captives and the debtors, and for the cause of Allah and the wayfarer, a duty imposed by God. (9:60)
The words, ‘those whose hearts are to be reconciled’, refer to a group of weavers who were included among the recipients of the alms. The verse is silent as to the cause why this group was included among the recipients of alms.
Caliph ‘Umar refused to give them alms when Islam had gained in strength saying: ‘These were payments from the Prophet (Pbuh) to you in order to win you over for Islam

56. By four Imamas
Imam Abu Hanifa and Abu Yusuf are reported by Ibn Qyyaim al-Jawziah to have said, ‘It is not legitimate for anyone to follow our view until he has learned the source where from we derived those views
Imam Mohammad, and Imam Yusuf both students of Imam Hanifa, rejected eighty percent of Ijtehad of their teacher Abu Hanifa in the light of new sources and changed conditions
The Fiqh Hanafi as it exists today is based on the Ijtehad of both these students, that is, Imam Yusuf and Imam Mohammad

57. Cont… Interpretation is incumbent upon every man of learning.
They also prove that the interpreter is liable to err.
Ibn Qayyim writes,
“The sharia is all justice, kindness, common good and wisdom. Any rule that departs from justice to injustice ... or departs from common good (Maslaha) to harm (Mafsada) ... is not part of Sharia, even if it is arrived at by literal interpretation”

58. Needs and limitations Cant be invoke in : Creation of universe
Oneness of Allah
Faiths
5 Pillars of Islam

59. Limitation of Jihad
Qat’i (definitive), such as the obligation of the five times daily Salah (prayer), the prohibition of Riba (usury) and the obligation of ruling by whatever Allah (swt) has revealed.
These types of rules are definitive as they are established by Qat’i Thuboot(definitive transmission) and Qat’i Dalalah (definitive meaning). Zanni (speculative),
Zanni Thuboot (speculative transmission)
Zanni Dalalah (speculative meaning) or both.
These include rules such as whether intention is a condition for Wudhu (ablution), whether it is conditional for the Khalifah to be from the lineage of the Quraish and whether leasing agricultural land is prohibited.

60. opinions
Iqbal_ worldly matters (muamalaat) relate to the rights of the people and are subject to change and modification
King Hussein _(Jordan),
"When Ijtihad-the possibility of reconciling faith and present-day life-stopped a long time ago, We need to do whatever we can to repair that mistake."

61. FIQ
FORMATION OF IJMA'
RATIONALE
Hanafi
through public agreement of Islamic jurists
the jurists are experts on legal matters
Shafi'i
through agreement of the entire community and public at large
the people cannot agree on anything erroneous
Maliki
through agreement amongst the residents of Medina, the first Islamic capital
Islamic tradition says "Medina expels bad people like the furnace expels impurities from iron"
Hanbali
through agreement and practice of Muhammad's Companions
they were the most knowledgeable on religious matters and rightly guided
Usuli
only the consensus of the ulama of the same period as the Prophet or Shia Imams is binding.
consensus is not genuinely binding in its own right, rather it is binding in as much as it is a means of discovering the Sunnah.

62. Ijtehad
Now and previous

63. Issue In Nabuwat 1st caliph 2nd caliph 3rd caliph
Drinking
40 Lashes
80 Lashes
Both
Sale of
Um-e-Wald
(female Slave)
Allowed
Prohibited
Fidya of a Prisoner
1000 Dinar
Different in different region
Captured land
Distributed among Warriors
Taken back
Composite divorce
(3 in a sitting)
Rijee
Bain
(decision taken back)

64. Issue In Nabuwat 1st caliph 2nd caliph 3rd caliph
Halala
Person was declared Maloon
Rijum
Stone to Death
Taravih NA 20
Moalifat ul Qaloob
Azan in Jumma
One
Two
Marriage Ahel-e-Kitab
Allowed

65. Needs Two basic elements of Law Gap b/w message and meaning
Dignity
Flexible according to need
Gap b/w message and meaning
Issues of Language
Rapidly Changing Culture and ideas
Revival of Religion
A return to traditional views of Sharia
The Islamist movement-neo-Sharism, Political Islam
The Fundamentalist movement-Hadood Laws
Extremism-justifying terrorism
Law is there but cause is developing
Law itself is developing
Law is there but situation is new
Law and cause both are developing

67. Issues of modern life Cloning Organ transplantation
Blood Transformation
RFB
Lewis Brown
Share Trade
Stem Cell
Concept of Islamic State
Globalization and its challenges
Jet Lag
Geographical lag

68. Practice_ Individual Individual_Mujtahid. Any Possibility ???????
Concept of Shah Wali Ullah_Ulema
Muslim
Sane
Intelligent
Expert in Arabic language
U’loomul quran
U’loomul hadeeth
I’lmul ijtihaad wal taqleed
Practitioner Muslim
Punctual in Shraih
Any Possibility ???????
Sir syed Ahmed Khan_ Intellectuals

69. Non relevant issues of modern life
Adopting Hijri calendar
Weekly holiday
Usage of Technology

70. Ijtehad in practice

71. Major schools of fiq
Major schools of Sunni fiqh, which include the Hanafi, Shafi'i, Maliki and Hanbali
The Salafi movement also looks to the actions and sayings of the first three generations of Muslims for guidance, in addition to the Quran and Sunnah,

72. Cont… In Imami-Shi'i law, the sources of law (usul al-fiqh)
The Quran, anecdotes of Holy prophet Muhammad's practices and those of The Twelve Imams, and the intellect ('aql).
Most Shia Muslims follow the Ja'fari school of thought

73. Institutional ijtehad
Parliament _Iqbal
Cabinet_ Molana Azad
Courts_ Justice Javid
National Institutions _ Courts, Council of Islamic Ideology, Federal Shariat Court, Research Institutions
International Ijtehad
Organization of Islamic Cooperation
Jamaiya Azhar
Bait ulqum
Islamic Research Foundation
Dar ul Uloom Deoband

74. Present Islamic State

75. Modern Perspectives Secular Muslim states: Kazakhstan and Turkey
Religious interference in state affairs, law and politics is prohibited
The role of sharia is limited to personal and family matters.

76. Blended sources of law
Pakistan, Indonesia, Egypt, Sudan, Morocco and Malaysia
legal systems strongly influenced by sharia
ultimate authority to their constitutions and the rule of law
In these countries, politicians and jurists make law, rather than religious scholars
Significant differences is noted when compared to classical sharia

77. Classical Shraih or Theocracy
Saudi Arabia and some Gulf states do not have constitutions or legislatures
Rulers have limited authority to change laws
Law is based on sharia as it is interpreted by their religious scholars
Iran shares some of these characteristics, but also has a parliament that legislates in a manner consistent with sharia

78. IJMA (Consensus Of Opinion)

79. Ijma 3rd proof of Shariah after the Quran and the Sunnah
It is basically a rational proof
An Ijtihad or an Interpretation of one or a few scholars when becomes universal, becomes Ijma. 

80. Classical definition of Ijma
Universal consensus of the scholars of the Muslim community as a whole can be regarded as conclusive Ijma
Universal Ijma are indeed very few
The only form of Ijma upheld by majority is the Ijma of Sahabis only
Ijma ensures correct interpretation as broad consensus is unlikely to take place on incorrect matter

81. Cont… Old style Ijma is no longer possible
One can have only local Ijma, which is useful in lawmaking through Parliament but they can not be (by definition) binding forever
Majority opines Ijma must be founded in a Textual authority (Quran & Sunnah) or Ijtihad

82. Possibality
M. Iqbal gives a proposal to transfer performance of Ijma to the legislative assembly, which is only possible form of Ijma in modern times
Such Ijma can not be of universal validity nor can it be considered binding (unless made into a local law - which then remains valid until revoked)
Ijma can be of limited use only in future
Qiyas, Istihsan, Maslaha are more important in future.

83. Principles i. Specification of the general
For example, specified meaning of the adulterer and the adulteress as described in the verse on whipping, the specification of 1/3 portion of wealth on the Qur’anic command of writing a will.
ii. Qualification of the absolute
The determination of minimum amount/quantity for fixation of hadd on stealing or theft.
iii. Explanation of the implicit
The meaning of prayers, number of ‘cycles’ and determination of its timings, etc.
iv. Exemption
Exemption of fish in the order dealing with forbiddance of the dead sea animals; exemption of locust; exemption of wiping over he stockings in the command to wash feet.
v. Addition
The addition of one year in imprisonment or exile along with the hadd on adultery.