# data[].attributes.body
Defined as what people collectively recognise and practise regarding words and actions to either be done or avoided

Conditions of a valid 'Urf

1. 'Urf must represent a common and recurrent phenomenon

2. 'Urf must also be dominant in the sense that it is observed in all or most of the cases to which it can apply

3. The custom must be in existence at the time the transaction is concluded

4. The custom must not be contravene the clear stipulation of an agreement

5. The custom must not be in conflict with Quran or the Sunnah

# data[].attributes.body
Indicates the facts, or rules of law and reason, whose existence or non-existence had been proven in the past are presumed to remain so for the absence of evidence that establishes any change

Principles Istishab

1. The original ruling for everything is permissibility

2. The original ruling is that a person is free from any liability

3. Certainty is not overruled by doubt

# data[].attributes.body
Legal principle which authorises departure from an established precedent in favour of a different ruling for a reason stronger than the one which is obtained in that precedent

Formulate a decision which sets aside an established analogical reasoning for a reason justifying such a departure and seeks to uphold a higher value in the Shariah

# data[].attributes.body
The consideration which secures a benefit or prevents harm, but at the same time, remains harmonious with the aims and objectives of the Shariah

Five essential values: religion, life, intellect, lineage and property

Conditions for the validity of Maslahah

1. Maslahah must be genuine(haqiqiyyah)

2. Maslahah must be general (kulliyah)

3. Maslahah must not be in conflict with a principle or value which is upheld by the Quran, the Sunnah or Ijma'

# data[].attributes.body
Fourth source principal source Islamic Law

Defined as the extension of a Shariah ruling from the original case or asl, to new case, because the latter has the same effective cause (illah) as the former

Discovers and develop the existing law but does not create a new law

The pillar of Qiyas

1. The original case (asl):A case in which its ruling is given in the text (the Quran or the Sunnah) and analogy seeks to extend it to a new case

2. The new case(far'): A case in which a ruling is needed

3. The effective cause(illah):Although it is an attribute of the original case, it is found to be commonly shared between the original case and the new case

4. The rule(hukm): The rule governing the original case is to be extended to the new case

# data[].attributes.body
Third source of Islamic Law

Does not directly partake in divine revelation

Rational evidence and a binding proof

Requirements of Ijma'

1. The availability of a number of qualified scholars at the time the issue is encountered

2. All scholars, regardless of their locality, must reach a consensus on a juridical opinion at the time an issue series

3. The agreement of the scholars must be an opinion expressed either in verbal or writing

# data[].attributes.body
Second source of Shariah

Refers to all that is narrated from the Prophet(SAW), including his actions, sayings and tacit approvals

Types of Sunnah

Sunnah Qawliyyah

Prophet's wordings or saying to explain specific Shariah ruling (hukm) or to establish the Shariah law

Sunnah Fi'liyyah
Defined as the act of the Prophet(SAW)
Sunnah Taqririyyah
Defined as the silence of the Prophet(SAW) for certain acts by companion

Functions of the Sunnah

1. The Sunnah supports the rulings already stated in the Quran

2. The Sunnah explains and further elaborates the meanings of the Quran

3. The Sunnah acts as an independence source of Islamic Law

# data[].attributes.body
Primary source of Shariah

It is speech of Allah SWT

It is revealed to Prophet Muhammad (SAW) in its Arabic wordings and meanings

It is transmitted to Prophet Muhammad SAW by way of numerous narrators(tawatur)

It is inimitable (i'jaz) by human beings, individually or collectively

Legal injunctions of the Quran

Main source of Islamic Law

Detailed and general principles to govern all human activities

All jurists refer to Quran in deducing the Shari'ah rulings(ahkam)

Distinguish true from false, good from bad and halal(lawful) from the haram(unlawful)

# data[].attributes.body
-Originate from the text of revelation which is called textual sources/ masadir nassiyyah