Legal Rulings in Islamic Jurisprudence

The Five Jurisprudential Judgments

Islamic rulings, as categorized by scholars, can be divided into five primary classifications, which are explained as follows:

• Obligatory (Wajib): This refers to what the legislator mandates for individuals to perform with absolute necessity and obligation. Those who fulfill this duty are rewarded, while those who neglect it are subject to punishment. Examples include the five daily prayers, fasting, and Hajj, among other obligations.
• Prohibited (Haram): This is what the legislator commands individuals to refrain from with absolute necessity and obligation. Abstaining from these actions earns a reward, while engaging in them incurs sin. Examples include usury, adultery, theft, and other prohibited acts.
• Recommended (Mandub): Also known as Sunnah, this classification entails actions encouraged by the legislator but not mandated. Doing them earns a reward, but neglecting them does not incur punishment. Examples include regular Sunnah prayers and the Witr prayer.
• Disliked (Makruh): This refers to actions that the legislator suggests avoiding, though it is not obligatory to do so. Abstaining from these acts brings reward, while engaging in them does not result in sin. Examples include unnecessary distractions during prayer and minor actions that disrupt focus in prayer.
• Permissible (Mubah): This classification includes actions that are neutral; there is no directive from the legislator either to perform or to abstain from them. Engaging in or neglecting these actions incurs neither reward nor punishment, unless the individual intends to do so out of obedience to God, in which case they are rewarded based on their intention. This can include activities such as eating or sleeping to gain strength for worship.

The diversity of these jurisprudential rulings serves various significant purposes, including:

• Alleviating hardship: The prescribed duties aim to facilitate the lives of individuals. Had the rulings been restricted solely to prohibitions and obligations, it would have created undue constraints for individuals. Instead, the legislation encompasses a variety of commands and prohibitions, including recommended actions, permissible deeds, and disliked actions, in addition to obligatory and prohibited acts, thereby easing the burden on the faithful.
• Testing and trial: The variability in rulings correlates with the differences in human nature. Some individuals are motivated by the prospect of reward and strive to attain it, while others are deterred by the fear of punishment. As one’s faith strengthens, they better understand God’s intended benefits and engage eagerly in acts of worship, goodness, and optional prayers. As stated in holy tradition, God says, “My servant continues to draw near to Me through voluntary acts until I love him.”

Sources of Jurisprudential Rulings

There are numerous sources that scholars rely upon to derive and clarify God’s rulings, surpassing twenty sources, with the most prominent being the Quran, the Sunnah, consensus (Ijma), analogy (Qiyas), preference (Istihsan), presumption of continuity (Istishab), public interest (Masalih Mursala), the opinions of the companions, legislation from previous nations, custom (Urf), and blocking the means to harm (Sadd al-Dhara’i). It is crucial to emphasize that the fundamental source is the divine legislative authority rather than human-made regulations; the sole universally acknowledged legislative source among all Muslims is God Almighty. He alone is the legislator, and this divine source is clearly expressed in the Holy Quran. The other sources serve merely to interpret and clarify the Quran without instituting new rulings. The ruling that Muslims deem agreeable is that of God, the Almighty. Scholars have reached a consensus on four principal sources that a jurist should consult to derive a legal ruling: the Quran, the Sunnah, consensus, and analogy. The other sources might be referenced depending on the specific circumstances requiring legal extraction, but there is no agreement among scholars regarding them. The four primary legislative sources are outlined as follows:

• The Book (Quran): The Holy Quran is the word of God revealed to Prophet Muhammad (peace be upon him) through the angel Gabriel. It is recited in prayer, documented in manuscripts, and transmitted to us through established scholarly tradition from the Prophet. There is unanimous agreement among Muslims that the Quran is the primary source of legislation and a binding authority for all mankind. The Quran’s wording and meaning come from God alone; the Prophet’s role is solely to convey it. Therefore, the sayings of the Prophet (peace be upon him) are not considered part of the Quran, and translations of the Quran are also not regarded as the Quran itself, as it is expressed in clear Arabic. God states: “Indeed, We have made it a Quran in Arabic so that you might understand.” (Quran 43:3)

The Quran has been preserved intact, without addition or omission, thanks to the compilation carried out by the caliph Abu Bakr Al-Siddiq (may God be pleased with him), followed by the transcription and distribution undertaken by Caliph Uthman ibn Affan (may God be pleased with him) across the Islamic territories. The Quran encompasses all necessities for a Muslim’s life and holds immense significance for both the individual believer and the Muslim community, fostering faith, spiritual growth, moral character, and defining the rules governing the actions and statements of Muslims.

• The Prophetic Tradition (Sunnah): The Sunnah of the Prophet Muhammad (peace be upon him) is regarded as the second source of legislation and a binding authority for all people, as per the agreement of scholars. This is substantiated by both the Quran and the Sunnah through various texts and methods, including:
  • The command to obey the Prophet, as stated: “O you who have believed, obey Allah and obey the Messenger.” (Quran 4:59)
  • God’s love for His servants being connected to following His Prophet: “Say, [O Muhammad], if you should love Allah, then follow me, so Allah will love you and forgive you your sins.” (Quran 3:31)
  • The directive to adhere to what the Prophet presents: “And whatever the Messenger has given you – take; and what he has forbidden you – refrain from.” (Quran 59:7)
  • The companions of the Prophet exemplified the best model of emulating him, adhering to the Sunnah in all aspects of their lives, both public and private. Numerous prophetic sayings underline the necessity of following the Sunnah, such as:
  • The Prophet (peace be upon him) stated: “Let one of you not find himself reclining on his couch when a command from me comes to him, saying, ‘I do not know what I found in the Book of Allah; I followed it.'” (Sunan Ibn Majah)
  • He said: “I have left among you two matters; you will not go astray as long as you adhere to them: the Book of Allah and my Sunnah, and they will not part from each other until they reach me at the Pond.” (Sahih Muslim)
• Consensus (Ijma): Consensus involves the agreement of the scholars of the Islamic community in a particular era after the Prophet’s passing regarding a ruling on an issue for which no textual source exists. It is a source of legislation and evidence for legal rulings, supported by numerous texts from the Quran and Sunnah. Moreover, consensus rests on a evidential basis, which may include texts from the Quran or Sunnah.
• Analogy (Qiyas): Analogy involves extending the ruling of an issue, which has no explicit text regarding it, to another issue already governed by a text, based on a common rationale. It is a vital and robust argument and the fourth fundamental source of legal inference after the Quran, Sunnah, and consensus. Since consensus tackles limited issues and instances, and complete consensus has become rare since the early period, it has also become crucial for jurists to delineate God’s judgment concerning every situation. Consequently, analogy has had a profound impact on Islamic jurisprudence rulings.

Examples of Jurisprudential Judgments

The classification of jurisprudential rulings varies according to the subject matter addressed. Below are some examples of such rulings:

General Jurisprudential Rulings in Worship

The Islamic legal system delineates various jurisprudential rulings related to worship, as follows:

• Wudu (Ablution): It is established in the Quran and the Sunnah that performing ablution is mandatory for anyone in a state of minor impurity wishing to pray. God Almighty states: “O you who have believed, when you rise to perform prayer, wash your faces and your forearms to the elbows, and wipe over your heads, and wash your feet to the ankles.” (Quran 5:6). It is a condition for the validity of prayer, as the Prophet (peace be upon him) stated: “Allah does not accept the prayer of anyone of you if he has had a discharge until he performs ablution.”
• Ghusl (Major Ablution): Allah has required ghusl for anyone in a state of major impurity, such as janabah (sexual impurity). God the Exalted says: “And if you are in a state of junub, then purify yourselves.” (Quran 5:6).

General Jurisprudential Rulings in Transactions

The Islamic legal framework provides numerous jurisprudential rulings regarding transactions, including:

• Fulfillment of Contracts: Allah commands believers to uphold valid contracts that meet their requisite conditions in various forms, including sales, leases, and partnerships. Allah forbids the breach of these contracts, stating: “O you who have believed, fulfill [all] contracts.” (Quran 5:1).
• Prohibition of Usury (Riba): Usury is explicitly forbidden in both the Quran and the Sunnah. God says: “O you who have believed, do not consume usury, doubled and multiplied, but fear Allah that you may be successful.” (Quran 2:275). Abdullah ibn Mas’ud (may God be pleased with him) reported that the Messenger of Allah (peace be upon him) cursed the one who consumes usury, the one who pays it, the two witnesses, and the one who writes it.
• Borrowing (Ariah): Scholars define ariah as permitting the use of an asset without compensation. Borrowing is sanctioned in both the Quran and the Sunnah and is preferable, as it fosters cooperation among individuals. God states: “And they withhold from [assisting] the needy.” (Quran 107:7), while the Prophet (peace be upon him) stated: “The borrowed item must be returned, and the gift is appreciated, and the debt must be settled, while the guarantor is liable.”
• Gifts and Donations: Giving gifts is encouraged by the Quran, Sunnah, and consensus, as it fosters communal bond and affection among believers. The Prophet (peace be upon him) stated: “Exchange gifts, for they increase love.” Additionally, Aisha (may God be pleased with her) mentioned that the Messenger of Allah (peace be upon him) would accept gifts and reciprocate them.