Praise be to Allaah.
The sources of Islam on
which all beliefs, principles and rulings are based are represented by the
two Revelations: the Qur’aan and Sunnah. This is what is implied by Islam
being a divinely-revealed religion: its pillars are based on infallible
texts that were sent down from heaven, which are represented in the verses
of the Holy Qur’aan and the texts of the saheeh Prophetic Sunnah.
Imam al-Shaafa’i (may
Allaah have mercy on him) said:
No view is binding unless
it is based on the Book of Allaah or the Sunnah of His Messenger (peace
and blessings of Allaah be upon him). Everything other than them should be
based on them. End quote.
From these two sources the
scholars derived other principles on which rulings may be based. Some
scholars called them the sources of sharee’ah or the sources of Islamic
legislation. They are: ijmaa’ (scholarly consensus) and qiyaas (analogy).
Imam al-Shaafa’i (may
Allaah have mercy on him) said: No one has any right whatsoever to say that
something is halaal or haraam except on the basis of knowledge, and the
basis of knowledge is a text in the Qur’aan or Sunnah, or ijmaa’ (scholarly
consensus) or qiyaas (analogy). End quote.
Ibn Taymiyah (may Allaah
have mercy on him) said:
If we say Qur’aan, Sunnah
and ijmaa’, they all stem from the same source, because the Messenger agrees
with everything that is in the Qur’aan, and the ummah is unanimously agreed
upon it in general. There is no one among the believers who does not believe
it is obligatory to follow the Book. And everything that the Prophet
enjoined in his Sunnah, the Qur’aan obliged us to follow it. So the
believers are unanimously agreed upon that, and everything on which the
Muslims are unanimously agreed can only be true and in accordance with what
is in the Qur’aan and Sunnah. End quote.
Dr. ‘Abd al-Kareem Zaydaan
What is meant by the
sources of fiqh is the evidence from which it is derived and on which it is
based. If you wish, you may say: The sources from which it is derived. Some
people call these sources the “sources of sharee’ah” or “the sources of
Islamic legislation.” No matter what they are called, the sources of fiqh
all derive from the Revelation (wahy) of Allaah, whether it is Qur’aan or
Sunnah. Hence we prefer to divide these sources into original sources,
namely the Qur’aan and Sunnah, and secondary sources to which the texts of
the Qur’aan and Sunnah refer, such as ijmaa’ (scholarly consensus) and
qiyaas (analogy). End quote.
Al-Madkhil li Diraasat
al-Sharee’ah al-Islamiyyah (p. 153).
With regard to sources
other than these four, such as the opinions of the Sahaabah, istihsaan
(discretion), sadd al-dharaa’i’ (blocking the means that lead to evil),
istishaab, ‘urf (custom), the laws of those who came before us, al-masaalih
that serve the general interests of the Muslims)
and so on, the scholars differed as to how valid it is to use them as
evidence. According to the view that they are acceptable – all or some of
them – they are secondary to the Qur’aan and Sunnah and should be in
accordance with them.
And Allaah knows best.