Sources of Islamic Law

1.1 Introduction

Fiqh Muamalat is one of the branches of Fiqh besides Fiqh Ibadat. Fiqh Muamalat can be defined as the knowledge of the practical Shariah rules regarding on the relationship among the mankind which is deduced from the sources of Fiqh.

The origin of commercial law in Islam is Shariah, Islamic Law or also referred as the Islamic Jurisprudence. Within this framework, the laws (Ahkam) are imposed. These laws are deduced from the sources of Fiqh. These sources can be categorized into primary sources and secondary sources.

The primary sources consist of Al-Quran which is the book of Allah and Al- Sunnah, the traditions of the Prophet SAW, whereas the secondary sources, consist of Ijma’, Qiyas, Istihsan, Maslahah Mursalah, Istishab, ‘Urf, Qawl Sahabi and Sadd al-Dzara’i.

Each source contributes to the Fiqh Muamalat so it is really important to know and understand all these primary and secondary sources and how the hukm is deduced from it in order to get a better understanding of Fiqh Muamalat.

2.1 PRIMARY SOURCE

2.1.1 AL-QURAN

Definition of Al-Quran

Al-Quran is literally means reading or recitation. Technically means the book containing the speech of Allah revealed to Prophet Muhammad through the Angel of Jibrail and transmitted to us by continuous testimony (tawatur). Al-Quran is a complete edition which guides human being relationship to Allah, to human and to universe.

Al-Quran is the primary source of Shariah containing all the fundamental directives and instructions of Allah. Al-Quran not only contains the directives relating to individual conduct but also the principles relating to all the aspects of social and cultural life of human being. The main purpose of Al-Quran is to awaken in man the higher consciousness of his relation with Allah and the universe.

Examples of Quranic verse that containing the principles relating to all the aspects of social and cultural life of human being are :

i) Ibadah

Recite, [O Muhammad], what has...