These jurists have met a situation that evokes a state of...

These jurists have met a situation that evokes a state of conviction and a settled belief which detects the existence of a legislative proof possessed by the jurists and those who preceded them." In addition to these secondary sources mentioned above, some Islamic schools recognized sources, such as, analogy `qiyas', discretion `istihsan', public good `masalih mursalah', teaching of the companions `madhhab al-Sahbi'….etc.

A lot of debate has taken place on the weight of evidence `hujjiya' and the nature of these sources. Both the Imamiyya school and the other Islamic schools, which subscribe to the idea that all forms of analogy are evidence, regarded the analogy in which the basis or cause `illa' is expressed in the clear law `Mansu al-Illa' and analogy in which the deduced law holds a prior position to that of the clear stipulation on which the analogy is based `Qiyas al-Awlawiyya' as evidence.

The only point of conflict between the two views is analogy of comparison `qiyas al-Tamsili'; that is, to compare a part of a question to a part of another and the analogy in which the basis or cause is deduced rather than expressed in the clear stipulation. The Holy Qur'an and the Pure Sunna contain rich and adequate legislative material.

In the Qur'an alone there are hundreds of verses directly enacting laws and rules or conveying thoughts, and legislative concepts from which laws can be formulated. Thousands of Prophetic traditions serve as illucidation to those verses and legislative roles. Hundreds of these texts form the general legislative fundamentals that contribute in enriching legislation and expanding its horizons.

To illustrate, we shall review some of these verses, traditions and narrations to observe the special feature of the constituent of Islamic legislation.