Al-Risala (book)
Encyclopedia
Al-Risala is the best known work of al-Shafi'i
Muhammad ibn Idris ash-Shafi`i
Abū ʿAbdullāh Muhammad ibn Idrīs al-Shafiʿī was a Muslim jurist, who lived from 767 CE to 820 CE. He was active in juridical matters and his teaching eventually led to the Shafi'i school of fiqh named after him. Hence he is often called Imam al-Shafi'i...

, noted especially for its clear Islam
Islam
Islam . The most common are and .   : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...

ic jurisprudence. In this work, al-Shafi'i outlines four different sources of Sacred Law (usul al-fiqh) and their relative importance in determining what God wills man to do. According to Al-Risala, the first source of Sacred Law is the Qur'an
Qur'an
The Quran , also transliterated Qur'an, Koran, Alcoran, Qur’ān, Coran, Kuran, and al-Qur’ān, is the central religious text of Islam, which Muslims consider the verbatim word of God . It is regarded widely as the finest piece of literature in the Arabic language...

, which is to be consulted directly. Then, for specific matters that are not addressed in the Qu'ran, consideration should be given to the Sunnah
Sunnah
The word literally means a clear, well trodden, busy and plain surfaced road. In the discussion of the sources of religion, Sunnah denotes the practice of Prophet Muhammad that he taught and practically instituted as a teacher of the sharī‘ah and the best exemplar...

, or the divinely inspired practice of the Prophet Muhammad
Muhammad
Muhammad |ligature]] at U+FDF4 ;Arabic pronunciation varies regionally; the first vowel ranges from ~~; the second and the last vowel: ~~~. There are dialects which have no stress. In Egypt, it is pronounced not in religious contexts...

. If no instances for settling a particular case could be found in the Qu'ran or the Sunnah, the third source suggested by Al-Risala is ijma
Ijma
Ijmāʿ is an Arabic term referring to the consensus of the Muslim community. Various schools of thought within Islamic jurisprudence may define this consensus as that of the first generation of Muslims only; the consensus of the first three generations of Muslims; the consensus of the jurists...

' or scholarly consensus. Finally, if no consensus can be reached, qiyas
Qiyas
In Islamic jurisprudence, qiyās is the process of deductive analogy in which the teachings of the Hadith are compared and contrasted with those of the Qur'an, in order to apply a known injunction to a new circumstance and create a new injunction...

 -- reasoning by analogy to the first three sources -- is allowed.

Sources of law in Al-Risala

The first source of law covers those duties made clear in the Qur'an. For example, Al-Risala suggests that according to the Qur'an men must "perform the prayer, pay the zakat (alms tax), perform the pilgrimage, and observe the fast." On the other hand, men are forbidden from "adultery, [the drinking of] wine, eating [the flesh of] dead things and of blood and pork."

The Sunnah covers those duties which are required by the Qur'an, but whose methods are made clear only through the words and practice of Muhammad. Extending the examples cited for the first source, Al-Risala describes "the number of prayers [each day] and the [amount of] zakat and their time [of fulfillment]" as examples of issues that may be clarified through the Sunnah.

For those issues that are addressed by neither the Qur'an nor the Sunnah, the ulema
Ulema
Ulama , also spelt ulema, refers to the educated class of Muslim legal scholars engaged in the several fields of Islamic studies. They are best known as the arbiters of shari‘a law...

 (Islamic scholars) can be consulted in order to arrive at a consensus.

Finally, as a last resort, ijtihad
Ijtihad
Ijtihad is the making of a decision in Islamic law by personal effort , independently of any school of jurisprudence . as opposed to taqlid, copying or obeying without question....

(personal reasoning) may be used to seek the truth. This personal reasoning entails the use of analogy (qiyas) to relate a specific issue to something that has already been addressed by any of the other three sources of Sacred Law.
The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK