Islamic Studies · Lesson 6

Sources of law, madhhabs, marriage, divorce, ‘iddah, inheritance, economic and political systems

JAMBWAECNECO

What the syllabus asks

JAMB: 11 Family matters: marriage (importance Q.16:72, 24:32, 30:20–21; prohibited categories Q.2:221, 4:22–24; validity Q.4:4, 24–25; rights and duties Q.4:34–35, 20:132, 65:6–7; polygamy Q.4:3, 129); idrar (Q.65:1–3); divorce (attitude; talaq, khul‘, faskh, mubara’ah, li‘an; ‘iddah Q.2:228, 234; ila’ and zihar Q.2:226–227, 58:2–4; hadanah); inheritance (Q.4:7–8, 11–12, 176); 12 Sources and schools…

WAEC: 9 Shari‘ah; 10 Nikah; 11 Talaq

NECO: 9 Shari‘ah; 10 Nikah; 11 Talaq

What you will learn

Define Shari‘ah and analyse its four major sources.
Examine the lives and contributions of the founders of the four Sunni schools.
Analyse the importance of marriage and the prohibited categories.
Examine the conditions of a valid marriage, the rights and duties of spouses, polygamy and idrar.
Analyse Islam’s attitude to divorce, its kinds, the ‘iddah and the prohibited forms.
Explain who has custody of children after divorce.
Identify Qur’anic heirs, explain their shares and calculate simple cases.
Analyse riba, tatfif and ihtikar, the sources of revenue and Bayt al-Mal.
Examine sovereignty, shura, justice, accountability and the rights of non-Muslims, and compare Islamic and Western systems.

Key points

Sources: Qur’an, Sunnah, ijma‘, qiyas; five rulings; five maqasid.
Schools: Hanafi, Maliki, Shafi‘i, Hanbali; dates and works.
Marriage: 30:21, 24:32, Bukhari 5066; prohibited 4:22–24, 2:221.
Validity: consent, wali, mahr, witnesses, ijab-qabul.
Rights: maintenance, kindness, loyalty; polygamy with justice; idrar forbidden.
Divorce: last resort; talaq raj‘i/ba’in; khul‘; mubara’ah; faskh; li‘an. Abu Dawud 2178 is graded weak.
‘Iddah: 3 quru’; 3 months; delivery; 4 months 10 days. Ila’ 4 months; zihar kaffarah.
Hadanah: mother first (Abu Dawud 2276).
Inheritance: costs, debts, bequest ≤ 1/3, shares; worked examples check to the total.
Riba, tatfif, ihtikar; zakah, jizyah, kharaj, ghanimah, fay’; Bayt al-Mal.
Sovereignty, shura, justice, accountability, non-Muslims; comparisons with Western systems.

Start here: The Shari‘ah: meaning, sources and significance

Shari‘ah literally means “a path to a water source”; technically it is the law and way of life revealed by Allah, covering belief, worship, family, trade, crime and government. Fiqh is the human understanding and detailed working-out of the Shari‘ah by scholars (fuqaha’).

The four major sources (JAMB 12; WAEC 9):

The Qur’an: the first source; nothing may contradict it.
The Sunnah: explains and adds to the Qur’an: “obey Allah and obey the Messenger and those in authority among you. And if you disagree over anything, refer it to Allah and the Messenger” (Q.4:59).
Ijma‘ (consensus): agreement of qualified Muslim scholars of an age on a ruling after the Prophet’s death, e.g. the compilation of the Qur’an into one book under Abu Bakr, and the obligation of the five daily prayers at their times.
Qiyas (analogy): applying the ruling of a text to a new case that shares the same effective cause (‘illah), e.g. hard drugs are forbidden like wine because both intoxicate.

Other methods used by some schools: istihsan (juristic preference, Hanafi), al-maslahah al-mursalah (public interest, Maliki), ‘amal ahl al-Madinah (the practice of Madinah, Maliki), ‘urf (custom), istishab (presumption of continuity). Ijtihad is a qualified scholar’s effort to derive a ruling.

The five rulings (al-ahkam al-khamsah): fard/wajib (obligatory: rewarded if done, punished if left), mandub/sunnah (recommended), mubah (permitted), makruh (disliked), haram (forbidden).

Objectives (maqasid) of the Shari‘ah: protection of religion, life, intellect, lineage (family) and property. These explain many rulings, e.g. the ban on alcohol protects the intellect.

Significance: it gives complete guidance for all of life; it secures justice and rights; it protects the five essentials; it unites Muslims under one law; it is flexible through ijtihad. In Nigeria, the Constitution provides for Sharia Courts of Appeal in states that choose to establish them, dealing mainly with Islamic personal law (marriage, divorce, inheritance), and several northern states extended Shari‘ah to criminal law from 1999–2000.

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Practice questions

1. The two primary sources of the Shari‘ah are

the Qur’an and the Sunnah
ijma‘ and qiyas
‘urf and istihsan
custom and state law

Show answer

A: the Qur’an and the Sunnah
Ijma‘ and qiyas are secondary.

2. Treating hard drugs as forbidden like wine because both intoxicate is an example of

ijma‘
istihsan
‘urf
qiyas

Show answer

D: qiyas
Analogy based on a shared ‘illah.

3. Consensus of qualified scholars is

ijtihad
fatwa
ijma‘
qiyas

Show answer

C: ijma‘
Qiyas is analogy.

4. The founder of the Hanafi school was

Ahmad ibn Hanbal
Abu Hanifah
Malik ibn Anas
ash-Shafi‘i

Show answer

B: Abu Hanifah
80–150 AH.

5. The school of law most widespread in West Africa and Nigeria is the

Maliki
Hanafi
Shafi‘i
Hanbali

Show answer

A: Maliki
Founded by Malik (93–179 AH).

Key words

Shari‘ah: Revealed Islamic law and way of life.
Fiqh: Jurisprudence: understanding of the law.
Ijma‘: Consensus of qualified scholars.
Qiyas: Analogy based on a shared cause.
Madhhab: School of law.
Nikah: Marriage contract.
Wali: Guardian of the bride.
Mahr: Dower given to the bride.
Talaq: Divorce by the husband.
Khul‘: Divorce requested by the wife with compensation.
Faskh: Judicial annulment.
Li‘an: Mutual oaths of cursing.

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