The Multiplicity of Islamic Legislative Sources in the Time of the Prophet " PBUH " and the Companions and the Reality of Differences among Jurists 10.35781/1637-000-127-007

Abstract

This study explores the topic of Islamic sources of legislation and their role in the emergence of juristic (fiqh) differences, through a foundational and analytical approach that combines historical analysis with methodological precision. The research begins by outlining the fundamental sources of Islamic law, namely the Qur’an, the Sunnah, and ijtihad (independent reasoning), which plays a crucial role in applying revealed texts to new circumstances. The first chapter examines the legislative process during the Prophet’s صلى الله عليه وسلم lifetime, highlighting how divine revelation was received and applied, and the occasions where the Prophet himself exercised ijtihad. The second chapter analyzes the era of the Companions, their reliance on the Qur’an and Sunnah, and their practical application of ijtihad, illustrated through selected cases of their legal reasoning and divergences. The third chapter delves into the nature of juristic differences, their legitimacy, causes, and types. It emphasizes that such differences arise from varied methods of interpreting evidence-not from contradictions in faith or instability in legal foundations. The study concludes that juristic diversity is a natural and healthy feature of Islamic jurisprudence, rooted in its dynamic and comprehensive legal structure, and that deep understanding of legislative sources is essential for appreciating this diversity.