No modern mechanism for Sharia
Fatwa No: 83641


What is the modern mechanism for Sharia other than Qura'n and Sunnah?


Praise be to Allah, the Lord of the World; and blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.

There is no such thing as a modern mechanism of Sharia, since its source is the infallible inspiration (revelation). Thus, this Sharia, in fact, is applicable in all times and places and comprehensive to each and every situation and occasion. Thereupon, our scholars have named the following primary sources of Sharia:
1. The Qur'an and Sunnah 2. Ijma' (consensus of Muslim scholars).
There are other sources of Sharia. Among these are:
1. Qiyas (Analogy) 2. Istislah (Consideration of the public interest)
3. Istihsan (Application of discretion in a judicial decision and approval)
4. Sharia of previous religions which does not contradict the Sharia of Islam.
5. Al-Istishab (Approvals of the past which apply in the present, and future). 6. The Prophet's Companion's opinion.
There is no agreement among scholar about the last six sources of Sharia. However applying the ruling of Qiyas (Analogy) is agreed by all Muslim scholars except Ahl-al-Zaher and their disagreement in this matter does not have any weight.
Allah knows best.

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