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Sunnah upon which fiqh is based may be divided into: [5] Sunnah Qawliyyah – the sayings of Muhammad, generally synonymous with "hadith", since the sayings of Muhammad are noted down by the companions and called "hadith". [5] Sunnah Fiiliyyah – the actions of Muhammad, including both religious and worldly actions. [5]
Ijma' (Arabic: إجماع, romanized: ijmāʿ, lit. 'consensus', IPA: [ʔid͡ʒ.maːʕ]) is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard ijmā' as one of the secondary sources of Sharia law, after the Qur'an, and the Sunnah.
Takhayyur is an Islamic legal doctrine that allows adherents of one of four Sunni schools of law to select the ruling of another when the latter is more convenient. The doctrine seeks legitimacy through Quranic verses and prophetic traditions, arguing the Quran and Sunnah both emphasize ease and convenience in religious practice.
Fiqh (/ f iː k /; [1] Arabic: فقه) is Islamic jurisprudence. [2] Fiqh is often described as the style of human understanding and practices of the sharia; [3] that is, human understanding of the divine Islamic law as revealed in the Quran and the sunnah (the teachings and practices of the Islamic prophet Muhammad and his companions).
The word sharīʿah is used by Arabic-speaking peoples of the Middle East to designate a prophetic religion in its totality. [27] For example, sharīʿat Mūsā means law or religion of Moses and sharīʿatu-nā can mean "our religion" in reference to any monotheistic faith. [27]
Various sources of Islamic Laws are used by Islamic jurisprudence to elaborate the body of Islamic law. [1] In Sunni Islam, the scriptural sources of traditional jurisprudence are the Holy Qur'an, believed by Muslims to be the direct and unaltered word of God, and the Sunnah, consisting of words and actions attributed to the Islamic prophet Muhammad in the hadith literature.
Law and Society. Vol. The Oxford History of Islam. Oxford University Press (Kindle edition). Opwis, Felicitas (2007). Abbas Amanat; Frank Griffel (eds.). Islamic Law and Legal Change: The Concept of Maslaha in Classical and Contemporary Legal Theory. Vol. Shari'a: Islamic Law in the Contemporary Context (Kindle ed.). Stanford University Press.
Legal scholars in both Sunni and Shī‘ī Islamic traditions share Quranic interpretation, the Sunnah, and Ijma‘ "consensus" as sources of Islamic law and judicial decisions (ḥukm). However, Twelvers of the Ja‘farī school of law utilize ‘aql whereas Sunnis use qiyas "analogical reasoning" as the fourth source of law.