The Basic Sources of the Islamic Precepts

We have said that this subject (i.e. the Fiqh) teaches us different Islamic precepts and laws. In this lesson we want to know the basic sources from which we derive the Islamic precepts and laws, that is, from where do we take out the Islamic precepts and laws?

By way of answering this question, we say: There are two fundamental sources for the different Islamic precepts and laws-the precepts and laws which regulate the actions of the individual, the life of the society and the state, such as the precepts of the Salat, Sawm, Hajj, Zakat, Purification, family rules, land, judiciary, Jihad, economy, wealth, politics, etc. These two sources are:

1. The Holy Qur'an.

2. The purified Sunnah [Traditions] of the Prophet (s.a.w.).

So, we take ail these precepts from the Holy Qur'an and the purified Sunnah of the Prophet (s.a.w.).

It is the constitution of the Muslims, the source of knowledge, law, ethics and Islamic manners which regulate the life of human beings, and show them the way to happiness.

Muslims take the precepts of their religion, and the laws of their life, from it. The Holy Qur'an contains hundreds of verses which talk about diverse precepts and rules, and are regarded as the basic source on which the expert scholars base their studies of the Islamic jurisprudence, taking from it, imany of the laws and precepts, other concepts covering all laws and systems of life are also taken from verses of the Holy Qur'an.

The second source of the Islamic Shari'ah [law] from which we take the Islamic precepts and laws are the Traditions of the Prophet (s.a.w.).

Allah, the Most High, said: "And whatever the Messenger gives you, take it, and whatever he forbids you, abstain (from it)".

The Traditions of the Prophet (s.a.w.) are composed of his sayings, deeds and consents. Below we explain these three divisions:

a. The Sayings: These are a collection of the oral sayings, speeches and statements uttered by the Prophet (s.a.w.). The true sayings and statements which have reached us, are thousands in number, all of which form the legislative bases and rules. They supply us with the needed precepts and laws, such as, the precepts of purification, worshippings, the social rules and regulations, such as the rules pertaining to property, trade, marriage, divorce, family affairs, land, work, judicature, government, etc.

b. Deeds: These are the actions done by the Messenger (s.a.w.) and regarded as part of the Sunnah. They show us the religious precepts which we are to follow. Therefore, we take his deeds as examples from which we derive the precepts: "Certainly you have in the Messenger of Allah a good example ...."

C. Consents: The Prophet (s.a.w.) had often observed people in the markets, gatherings, congregations, etc., but he said nothing against them. His silence in respect of such acts is regarded as his consent and, therefore, part of the Sunnah. Had these actions been contrary to Islam, he would have objected them.

So, consent means, the Messenger's approval of, and consent to, the actions which he witnessed and did not reject. Because had they not been in conformity with the laws of the Sharf`ah, he would not have kept silent and would have prohibited them.

Hence, the Prophetic Traditions are all the sayings, the deeds, and the Consents, which have reliably reached us from the Messenger of Allah (s. a. w.).

The scholars following the path of Ahl ul-Bayt regard whatever had originated from the twelve Imams'of Ahl ul-Bayt whether a saying, a deed or a consent, as to be a continuation of the Traditions of the Prophet (s.a.w.), and as a source of the Islamic precept.(The jurists of some Islamic sects regard all the activities of the Prophets' companionsto be Tradition.) The opinion which is backed by Allah's saying:

"Allah only wants to keep away from you (uncleanliness), O Ahl ul-Bayt and purify you a (thorough) purifying."

With reference to a Hadith from the Messenger of Allah (s.a.w.), who advised and enjoined us to refer to the Book of Allah and to his, Ahlul-Bayt (a.s.), and to depend on them for instructions. The honourable Companion [of the Prophet (s.a.w.)], Jabir ibn `Abdillah Al-Ansari, quoting the Prophet (s.a.w.), said:

"O people! I have left with you that which will not let you go astray if you have recourse to it: The Book of Allah, and my offspring-my Ahl ul-Bayt." ("Sahih at-Tirmidhi",vol. 2. "Sahih Muslim", on The merits of Imam 'Ali ibn Abi Talib(a.s.)).