quran the source of law

7/28/2019 Quran The Source of Law

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The Sources of Law

Introduction to Fiqh

RKFQ 2062


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The Sources of Law

Introduction

Classification:

a. Origin

b. Utilization

c. Agreed Upon

d. Disagreed Upon


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Introduction

The evidences of religious law from which the law andlegal obligations of the Muslim are derived.

The scholars of Islamic law have classified the sourcesof Islamic law into various classifications.

Classification according to the origin:

a. Textual sources [al-Nass]

b. Non-textual sources [al-Rai]

Classification according to the utilization:

a. Agreed upon [Muttafaq alayha]

b. Disagreed upon [Mukhtalaf fiha]


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Origin

Al-Nass: al-Quran and al-Sunnah.

These two are called textual because the Quran andthe corpus of Hadith are wholly contained between thecovers of books, or because the two are the texts ofrevelation.

al-Ray or Ijtihad

The sources which are based on the power ofreasoning and therefore are non-textual sourcesbecause it based on the exercise of human intellect.


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Utilization

a. Agreed upon [Muttafaq alayha]

Sources in which the scholars of Islamic law are

in agreement in utilizing them.

b. Disagreed Upon [Mukhtalaf fiha]

Sources in which the scholars differ in utilizing

them as a basis in deducing the rulings.


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Agreed upon

Al-Quran

Sunnah

Ijma [Consensus of Opinions]

Qiyas [Analogical deductions]


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Disagreed Upon

Juristic preference (Istihsan)

Presumption of continuity (Istishab)

Custom (urf)

Consideration of public interest (Masalih al-Mursalah)

Blocking the means (Sadd al-Dharai)

Practice of the people of al-Madinah (Amal ahlal-Madinah).


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Agreed UponAl-Quran


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Al-Quran

Meaning: Literal & Technical

Arrangement of Verses

Features

The Makkan and Madinan

General Classification of Verses


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Al-Quran

Literal: Derived from the root word [ ]

means reading orrecitation.

Technical: the Book containing the wordsof Allah revealed to the Prophet s.a.w.

Muhammad s.a.w. in Arabic and

transmitted to us by continuous testimony[tawatur]


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The contents of al-Quran are not classified subject-wise. The verses on various topics appeared in

different places, and no particular order can beestablish in the sequence of its text.

The arrangement of verses and al-ayat is fixed ( )and therefore cannot be violated.

Al-Quran is an a comprehensive and indivisible guidefor all aspect of human life and must be accepted andimplemented in its entirety.

Allah said:

Then do you believe in a part of the Scripture and reject the rest?

[al-Baqarah: 85]


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Distinctive Features ofal-Quran

The actual Word of Allah

Revealed in Arabic language

Transmitted with continuous testament

(mutawatir).

Miracle

Complete and comprehensive


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Actual Word of Allah

The wordings and meanings of al-Quran were from Allah,the Prophets task is only to convey the message tomankind.

Revealed in Arabic

The chosen language by Allah for His revelation.

Allah said:

(The Quran was revealed) In the plain (clear & pure) Arabiclanguage.

[Al-Shuara: 195]

Since the Quranwas revealed in Arabic, the translation of itin any language is not considered as al-Quranand all therulings related to al-Quran does not apply to thetranslations.


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Transmitted with continuous testament (mutawatir)

Al-Quran was transmitted from the Prophet s.a.w to the following

generation by such a large number of people that they cannot beexpected to agree upon a lie, all of them together.

Such kind of transmission implies that there is no doubt about theauthenticity of al-Quran as there is evidence about itstransmission.

The Quran is Allah's eternal miracle revealed to the Prophets.a.w. for all succeeding generations.

Allah said:

"Say, if the whole of mankind and jinns were to gather together to producethe like of this Quran, they could not produce the like thereof; even if theybacked-up each other with help and support."

(17.88)


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Al-Quran is complete and comprehensive.

Allah said:

" And We have sent down to you the Book (the Quran)

as an exposition of everything, a guidance, a mercy,

and glad tidings for those who have submittedthemselves (to Allah as Muslims)"

[Al-Nahl:89]


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General Classification of the Verses

in al-Quran

There are different kinds of verses in the Quran which can beclassified into four categories as follows:

a. The verses related to the Islamic believe system (aqidah), whichincludes the belief in Allah, His Prophet s.a.w.; belief in the Day ofJudgment and other related theme. [click]

b. The verses related to the moral and ethics (akhlaq), whichinclude the good ethics system that must be upheld and the evildeeds, which must be avoided. [click]

c. The verses related to the stories of the earlier Prophet s.a.w.s ofAllah a.s. and the previous people (qasas al-Qurani)which can be

taken as a lesson for everyone. [click]

d. The verses related to the sayings and doings of the individualsand his relations with others which are also called Ayat al-ahkamor the legal verses of the Quran. [click]


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And those who believe (in the Oneness of Allah

swt- Islamic Monotheism) and do righteous good

deeds, they are dwellers of Paradise, they will

dwell therein forever.

[al-Baqarah: 82]

Example I


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There is no good in most of their secret talks save (in)him who orders Sadaqah (charity in Allah's Cause), orMa'ruf (Islamic Monotheism and all the good andrighteous deeds which Allh has ordained), or

conciliation between mankind, and he who does this,seeking the good Pleasure of Allah, We shall give him agreat reward.[al-Nisa: 114]

Example II


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Example III

So when she heard of their accusation, she sent for them and prepared abanquet for them; she gave each one of them a knife (to cut the foodstuffwith), and she said [(to Yusuf (Joseph)]: "Come out before them." Then,when they saw him, they exalted him (at his beauty) and (in theirastonishment) cut their hands. They said: "How perfect is Allah (or Allahforbid)! No man is this! This is none other than a noble angel!"

[Yusuf: 31]

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