UNIVERSITY OF ABUJA

FACULTY OF LAW

DEPARTMENT OF JURISPRUDENCE AND INTERNATIONAL LAW

LEVEL:
200LEVEL

COURSE CODE:
LAW 207

COURSE TITLE:
ISLAMIC LAW

TOPIC: SECONDARY SOURCES OF LAW (IJMA & QIYAS)

GROUP 4

LECTURER’S NAME: BARR. YUNUS MURTAL

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 NAMES OF GROUP MEMBERS
S/N NAMES MATRIC NO.
1. Christopher Serah Mbressa 23/206LAW/415
2. Adoyi Omada Gold 23/206LAW/461
3. Adesokan Florence Temiloluwa 23/206LAW/430
4. Israel Victoria 23/206LAW/402
5. Abuul Anita Kwagher 23/206LAW/425
6. Abdullahi Khadijah A.T 23/206LAW/466
7. Iwere Anthea Aimalohi 23/206LAW/408
8. Tilee Tersoo Thaddeus

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 ABSTRACT

Ijma and Qiyas are essential secondary sources of Islamic law that ensure its
adaptability and continuity beyond the primary sources—the Quran and Sunnah.
Ijma, or scholarly consensus, provides a unified approach to legal rulings,
reinforcing stability and consistency within the Muslim community. Qiyas, or
analogical reasoning, enables scholars to extend existing legal principles to new
cases, ensuring the relevance of Islamic jurisprudence in changing
circumstances. Both sources play a pivotal role in maintaining the integrity of
Islamic law while allowing for legal development and problem-solving in diverse
and evolving contexts. This paper explores the definitions, historical
development, conditions, and applications of Ijma and Qiyas, highlighting their
significance in the formulation of Islamic legal principles.

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 TABLE OF CONTENT

Title Page i
Names of Group Members ii
Abstract iii
Table of Content iv
IJMA
1.0 Introduction to Ijma 1
1.1 Historical background of Ijma 1
1.2 Definition of Ijma 2
1.3 Schools of Fiqh of Ijma 2
1.4 Conditions for the Validity of Ijma 3
1.5 Who participates in Ijma and their Qualifications 3
1.6 Repeal and Sanad of Ijma 4
1.7 Examples of Application of Ijma 4
QIYAS
2.0 Introduction to Qiyas 4
2.1 Theory of Qiyas 5
2.2 Argument on Qiyas 5
2.3 Component of Qiyas 6
2.4 Authority of Qiyas 7
2.5 Pillars of Qiyas 8
2.6 Conditions of Qiyas 8
2.9 Conclusion 8
REFERENCES 9

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 IJMA

1.0 Introduction to Ijma

Ijma or the consensus of scholars signifies the importance of delegated

legislation to the Muslim community. The Muslim society requires such a rule
making power to meet the practical problems for implementation of Islamic
Shariah (Islamic Law). Ijma has been technically defined as the consensus of the
jurists of a certain period over a religious matter. Ijma is considered a sufficient
evidence for action because the Prophet of Islam said, "Muslim (majority or main
body) will never agree on a wrong mailer". As such the agreement of the scholars
of Islam on any religious matter is a source of law in Islam (Ref: Principles of
Islamic Jurisprudence by M. Hashim Kamali).

1.1 Historical Background of Ijma

After the Holy Quran and Sunnah, Ijma is considered a source of Islamic
Law and was started after the demise of the Holy Prophet. However, the origin of
Ijma can be traced back to the Holy Quran and Sunnah. In fact, both the Holy
Quran and Sunnah give permission to find solutions to matters not provided for
in the Holy Quran and Sunnah. The consensus of the companions of the Prophet
(Sahabah) (RAA) or the Muslim scholars is known as Ijma. It is regarded by the
jurists as the third main source of the Shariah. It is defined as ―the consensus of
the Muslim jurists of any particular period, concerning a Shariah value. The
Prophet (SAW) approves the consensus of the jurists. Nevertheless, he stresses
that they must be pious, people of integrity, free from sectarian doctrines,
fanaticism, hypocrisy and any other non-Islamic attitudes. It is noteworthy that
the Ijma„ of the companions of the Prophet (SAW) cannot be reversed by any
later generations. However, the Ijma„ of any age can be repealed by the same age
or later generation. Ijmā„ is Ijtihad on a wider basis. Ijma is as an agreement
among the Muslim jurists in a particular age on a question of law. Ijma and the
other sources of law are to be used only when there is no clear guideline or explicit
rule in Quran and Sunnah on the matter under consideration. The core of all the
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sources is the Quran and Sunnah. Ijma is acceptable only when there is a general
agreement among Muslim jurists/ scholars, and this agreement is applicable only
to secular matters. An Ijma among the jurists cannot change fundamental rituals
and rules of worship.

1.2 Definitions of Ijma

According to Sheikh Muhammad Khazi, Ijma is defined as the agreement

of jurists from the Ummah upon a matter of human shari." Sir Abdur Rahim
defined as the agreement of the jurists among the followers of Muhammad in a
particular age on a question of law."

The Quran also defines and justifies ijma in Surah Al-Nisa: 59 “If you have
differed among any thing, then refer it to Allah (The Book) and His Messenger
(The Sunnah)” and in Surah Al-Nisa: 80 "Whoever Obey Prophet (Peace be upon
him), he indirectly obeyed Allah." Prophet Muhammad (SAW) said, "My people
will never agree on erroneous things." This pronounces once again the validity of
ijma

1.3 Schools of Fiqh of Ijma

Shafi School: Recognizes the consensus or agreement of opinion of the whole

Ummah, i.e., Ijma al Ummah.
Maliki School: Recognizes the Ijma of companions and their successors living
in Medina, without reference to the opinions of others, thus recognizing Ijma al
Medina.
Shai School: Holds that the only binding Ijma is that done by Ahal-i-Bayt, thus
recognizing Ijma Ahal-i-Bayt.
Hanbali School: Recognize the Ijma of companions and their successors but also
recognize Ijma by jurists of the modern age, i.e., Ijma al Sahabah and al
Mujtahideen.

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1.4 CONDITIONS FOR THE VALIDITY OF IJMA’

1. The agreement must take place among mujtahids. Mujtahid is a person who
is qualified to exercise ijtihad.
2. The agreement must be unanimous.
3. The mujtahids must belong to the Islamic community.
4. The agreement of mujtahids must be held after the death of Allah’s
Messenger (peace be upon him).
5. The agreement must be among the mujtahids of one period, even though
some mujtahids of subsequent periods may differ from them.
6. The agreement should be held on a rule of Islamic law (in legal matter).
7. The mujtahids should have relied upon a sanad for deriving their opinion.
Sanad is the evidence (proof) upon which the mujtahids rely on, for
arriving upon an agreement.

1.5 Who Participates in Ijma and their qualifications

The Four Sunni schools agree that only mujtahids can participate and the
following are qualifications of Mujtahids

1. Knowledge of Quran
2. Knowledge of Sunnah
3. Knowledge of Ijma
4. Knowledge of Qiyas
5. Knowledge of Maqasid-al-Shariah
6. Knowledge of Islamic Jurisprudence
7. Trustworthiness
8. Adulthood
9. Muslim faith
10.Ability to interpret Quran and Sunnah
11.Ability to differentiate between false and authentic Hadith
12.Wisdom and piety

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1.6 Repeal and Sanad of Ijma

If Ijma has been done by companions, then it can only be repealed by jurists
of that age. Sanad is the evidence upon which jurists rely while arriving at a
consensus or agreement. Each Ijma must have a sanad. If Ijma is without a sanad
or evidence, it would be termed as ra'ay (opinion) and would be rejected by
Shariah.

1.7 Examples of Application of Ijma

 A Muslim woman cannot marry to a non-Muslim.

 Compiling the Quran: There is consensus among Muslims that the Quran
is the complete and unchanged word of God. The compilation and
arrangement of the Quranic verses into a single book form were done
during the caliphate of Abu Bakr and later standardized by the third caliph,
Uthman. The Muslim community universally accepts this compilation as
Ijma.
 Prohibition of Riba (Usury/Interest): There is a general consensus
among Islamic scholars that the charging or paying of interest (riba) is
prohibited in Islam. This consensus is based on explicit Quranic verses and
hadiths that condemn usury. The prohibition of riba is a widely accepted
Ijma within the Islamic legal tradition.
 Validity of the Friday Prayer (Jumu’ah): There is consensus among
Islamic scholars that the Friday congregational prayer (Jumu’ah) is
obligatory for adult, sane and healthy Muslim males who are not travelling.
The details of the Friday prayer, including its timing and prayer format are
generally agreed upon within the Muslim community.

QIYAS

2.0 INTRODUCTION TO QIYAS

Qiyas is an analogical deduction from the Quran, Sunnah, and Ijma. It

involves using human reasoning to compare an existing situation with one for
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which legislation already exists. Qiyas is employed when a problem arises that
has not been directly addressed by the primary sources of Islamic law.

Qiyas is a vital component of Islamic jurisprudence, enabling scholars to

derive new laws and rulings from the Quran and Sunnah. It involves using human
reasoning to compare an existing situation with one for which legislation already
exists. By employing Qiyas, Islamic jurists can address complex issues and
provide guidance on matters not explicitly mentioned in the primary sources.

The importance of Qiyas lies in its ability to provide a framework for

resolving complex legal issues and adapting Islamic law to changing
circumstances. It has been used by Islamic scholars throughout history to address
a wide range of issues, from commercial transactions to family law. In this report,
we will explore the theory of Qiyas, its components, conditions, and examples of
its application in Islamic law.

2.1 Theory of Qiyas

Imam Abu Hanifa was the first to adopt Qiyas as a method for formulating
law. The Holy Quran recognizes the exercise of private judgment, encouraging
individuals to use their reasoning and understanding. Qiyas is the fourth
important source of Islamic law. Qiyas means analogy. Qiyas or analogy is
resorted to in respect of problems about which there is no specific provision in
the Quran or the Sunnah of the Prophet. In such issues the scholars have derived
law through analogical deduction on the basis of the provisions of the Quran and
the Sunnah on some similar situation. The scholars have developed detailed
principles of analogical deductions or Qiyas in the books of Islamic
jurisprudence.

2.2 Argument on Qiyas

Opponents of Qiyas argue that considering it as an additional evidence would

imply that the Quran is insufficient. However, supporters argue that Qiyas has
been used by the companions of the Prophet (S.A.W) and followers as a source
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of law. They quote the verse "Take warning then O you with eyes (to see)." (59:2)
in their support.

2.3 Components of Qiyas

 Asl (Root) - The Fundamental Teaching: The Asl, or root, refers to the
fundamental teaching or principle in the Quran or Sunnah that serves as the
basis for Qiyas. This is the original case or situation that has already been
addressed by the Islamic law. The Asl provides the foundation for the
analogical reasoning process, and it is essential to understand the Asl correctly
to ensure a valid Qiyas. Example: The Quranic verse that prohibits the
consumption of wine (Quran 5:90). This verse serves as the Asl for prohibiting
other intoxicating substances.
 Far'e (Branch) - The Subsidiary, New Condition: The Far'e, or branch, refers
to the new condition or situation that is being considered for Qiyas. This is the
subsidiary case that is being compared to the original case (Asl). The Far'e is
the new situation that requires a ruling, and it is essential to understand the
Far'e correctly to ensure a valid Qiyas. Example: A new situation where a
person is offered a drug that has intoxicating effects similar to wine. This
situation serves as the Far'e, which is being compared to the original case of
wine consumption.
 Ilia (Cause) - The Connecting Cause: The 'Ilia, or cause, refers to the
underlying reason or cause that connects both the original case (Asl) and the
new condition (Far'e). The 'Ilia is the common factor that makes the analogical
reasoning valid. It is essential to identify the correct 'Ilia to ensure a valid
Qiyas. Example: The underlying reason for the prohibition of wine is its
intoxicating effect. This 'Ilia serves as the connecting cause between the
original case of wine consumption and the new situation of the intoxicating
drug.
 Hukm (Law) - The Extended Law: The Hukm, or law, refers to the ruling or
law that is extended to the new condition (Far'e) based on the analogical

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 reasoning process. The Hukm is the outcome of the Qiyas process, and it
provides the guidance for the new situation. Example: Based on the
analogical reasoning process, the consumption of the new drug is also
prohibited because it has a similar intoxicating effect. This Hukm serves as
the extended law that provides guidance for the new situation.

2.4 Authority of Qiyas

The scholars quoted several proofs from the Quran and Sunnah as well as
the practice of the companions as an indirect evidence to support the utilization
of qiyas.

Surah Al Nisa 4:59

O believers! Obey Allah and obey the Messenger and those in authority among
you. Should you disagree on anything, then refer it to Allah and His Messenger,
if you ˹truly˺ believe in Allah and the Last Day. This is the best and fairest
resolution.

The scholars have reasoned that a dispute can only be referred to Allah and
Prophet (PBUH) by following the signs/indications found in the Quran and
Sunnah. One way of achieving this is to identify the rationales of the rulings and
apply them to disputed matters in case both issues in question share the same
rationale - Qiyas.

Surah al-Nisa’ 4:105

“We have sent to you the book with the Truth so that you may judge among
people by means of what Allah has shown you”. Based on the above verse, a
judgment may be based on the guidance that Allah has clearly given or on that
which bears close similarity to it. Thus, exercising qiyas is considered as
following the guidance of the Quran. The Quran specifies the rationale of its law
either explicitly or by reference to its objectives.

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2.5 Pillars of Qiyas.

1) The original case, or asl, on which a ruling is given in the text and which
analogy seeks to extend to a new case.

2) The new case (far`) on which a ruling is wanting.

3) The effective cause ( `illah) which is an attribute (wasf) of the asl and is found
to be in common between the original and the new case.

4) The rule (hukm) governing the original case which is to be extended to the new
case.

2.6 Conditions of Qiyas

1. The value to be extended should not be expressly limited to the original case.
2. The value of the original case should not be against the rule of analogy.
3. The value whose extension is sought should be Shariah-established by the
Quran, Sunnah, or Ijma.
4. The application of Qiyas should not alter the prescription

2.7 Conclusion

Ijma and Qiyas play a crucial role as secondary sources of Islamic law,
complementing the primary sources—the Quran and Sunnah—by providing
solutions to emerging issues not explicitly addressed in foundational texts. Ijma,
through the consensus of qualified scholars, ensures uniformity and continuity in
Islamic legal principles, maintaining harmony in the Ummah. Qiyas, on the other
hand, allows for the application of analogical reasoning, enabling jurists to extend
legal rulings to new situations while adhering to Islamic jurisprudence. Together,
these two principles reflect the dynamic and adaptive nature of Islamic law,
ensuring its relevance in addressing contemporary legal and ethical challenges
while remaining firmly rooted in divine guidance.

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 REFERENCES

Al-Ghazali, Abu Hamid. Al-Mustasfa fi 'Ilm al-Usul. Dar al-Fikr, 1992.

Al-Nawawi, Yahya ibn Sharaf. Al-Majmu' Sharh al-Muhadhdhab. Dar al-Fikr,
1996.
Al-Shafi'i, Muhammad ibn Idris. Al-Risala (Treatise on Islamic Jurisprudence).
Dar al-Kutub, 1961.
Hallaq, Wael B. A History of Islamic Legal Theories. Cambridge University
Press, 1997.
Ibn Khaldun. Muqaddimah. Princeton University Press, 2005.
Kamali, Mohammad Hashim. Principles of Islamic Jurisprudence. Islamic Texts
Society, 2003.
Rahim, Sir Abdur. The Principles of Muhammadan Jurisprudence According to
the Hanafi, Maliki, Shafi‘i, and Hanbali Schools. Luzac & Co., 1911.
Schacht, Joseph. An Introduction to Islamic Law. Oxford University Press, 1964.
Weiss, Bernard G. The Spirit of Islamic Law. University of Georgia Press, 1998.