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Quran Topic
Quran Topic
Quran:
Q. Write a detailed note on Quran primary source of law.
(2002, 2003)
Q. Write a detailed note on Quran as primary source of
Islamic law. (2003/S)
1. Introduction:
The Holy Quran is the name of book consisting of those direct revelations which
were made to the Holy Prophet Hazrat Muhammad (Pace Be Upon Him). It is in the
very words of Allah almighty. Quran is the primary source of law. It is first in the
order of primary sources and thus the first search for a hukm is to be in the Quran
and the jurist should not move to the next source unless the search in the Quran
has been completed.
2. Meaning and definition of holy Quran.
(I) Meaning:
Quran is derived from the Arabic word Quran a which means To dead.
(II) Definition:
Many jurists have attempted to define. Holy Quran, but they maintain that the
purpose of definition is not to grasp the nature of the Quran.
Definition by Al-Bazdawl.
The Quran is the book revealed to the messenger of Allah, Muhammad (Peace Be
Upon Him) as written in the masahif and transmitted to us from him through an
authentic continuous narration without doubt.
3. Revelation of the holy Quran
Holy Quran is a book of Allah which is revealed to Holy Prophet (Peace Be Upon
Him). The first revelation came to the Holy Prophet (Peace Be Upon Him) when he
was forty years of age. Following verses of Surah-Al-Alaq were revealed to him.
Read in the name of thy lord, who create the man from a clot.
Read! And it is thy lord the most bountiful. Who teacheth by the pen. Teacheth man
that which he knew not.
(Al-Alaq: 1-5)
The holy Quran is divided into 30 division called Ajza or Paras and into 114
chapters called Surrah. Which considts of 6666 verses. These verses divided in
three sections or portions.
(i)
First portion
First portion deals with religion and its duties e. g. belief in one Allah, day of
judgement etc.
(ii)
Second portion
Third portion
Two main categories of Hukm have been classified by the Muslim jurists.
(i)
Hukm Taklifi
(ii)
Hukm Wadi
(i)
Hukm Taklifi
The aim of the hukm Taqlifi is to create an obligation for the commission or
omission of an act.
(ii)
Hukm Wadi
The aim of hukm wadi is to either inform a subject that certain thing is a cause of
condition for or obstacle to a hukm or is to explain the relationship that exists
between two rules or to provide the criterion for judging whether an act perform
is valid or not.
(III)
Most of the verses containing rules of law were revealed with reference to cases
which arose during the lifetime of the holy Prophet (Peace Be Upon Him). These
may be categorized as under.
(i)
Abrogating verses
Verses which repeal or abrogate objectionable customs like usury gambling and
unlimited polygamy.
(ii)
Verses which affects social reforms such as by raising the legal status of woman,
setting the question of succession and inheritance on equitable basis.
(iii)
Verses providing protection for the rights of minors and other persons under
disability.
(iv)
Penal verses
Verses providing principal f punishment for the purpose of securing place and
order.
(v)
Legal verses
Pakistan is an Islamic state and since the creation of Pakistan, attempts have
been made at different times to modify the existing laws in the light of Quran
and Sunnah.
Article 227 of constitution of Pakistan 1973, runs as follows.
All existing laws shell be brought in conformity with the injunctions of Islam as
laid down in the holy Quran and Sunnah.
SUNNAH:
Q. Describe various kinds of Sunnah mentioning their role in Islamic legislation. (2003)
Q. Quran and Sunnah cannot be detached from each other. Support your answer with
reason.(2002)
Q. Discuss the difference between Sunnah and Hadith. (2001) (1998) (1996)
Q. Discuss and explain the importance of Sunnah as a source of Islamic law. (1998) (1997)
(1996)
Q. Quran cannot be understood without Sunnah. (1995) (1993)
Q. Discuss Sunnah as a source of Islamic law what are it kinds. (2004/A 2007/A)
Q. Discuss Sunnah as source of law. (2005/S)
1. Introduction
Sunnah is the second primary source of Islamic law. If the mujtahid does not find a text in the
Quran for a case he has to settle, he has recourse to the Sunnah for the derivation of the Hukms.
There is a special bond between Quran and Sunnah which must not be severed as Sunnah is the
explanation of the holy Quran.
2. Meaning meaning
(I) Literal meaning
The word Sunnah stands for the Well know path or Well-trodden path. Which is followed
again and again.
(II) Technical meaning
What was transmitted from the messenger of Allah (Peace Be Upon Him) of his words, acts and
approvals.
3. Kinds of Sunnah
Following are the kinds of Sunnah.
(i) According to its nature
(ii) According to its written record
(I) According to its nature
According to its nature, Sunnah is of following types.
(i) Sunnah al Qawliah
It is the saying or narration of the prophet (Peace Be Upon Him) through which he intended the
laying down of the law or the explanation of the Ahkam.
Example:
(i) La darar Wa-la dirar
(No injury is to be caused and none is to borne)
(ii) Sunnah Al Filiyah
It is defined as the deeds and practices of the Prophet (Peace Be Upon Him) having a legal
content like his prayers, fasts etc.
(iii) Sunnah Taqririyah
It is defined as the commission of certain acts, by word or deed. If something was done in a
particular way and Prophet (Peace Be Upon Him) maintained silence without expressing
disproval to it, his silence in such a case is called taqrir or tacit approval and is considered a
Sunnah.
(II) According to its written recode
Sunnah may also be classified according to its entire written record, that is Ahadith.
(A) Division of Ahadith
With respect to its narration, Ahadith are divided into two types.
(i) Hadith Muttasil
(ii) Hadith Mursal
(i) Hadith Muttasil
The hadith whose chain of narration. Is complete. These are the ones in which the narrator are
mentioned from the beginning of the sands upon the Prophet (Peace Be Upon Him)and no
narrator is missing.
Types of hadith Muttasil
Following are the types of hadith Muttasil
(a) Hadith Mutawatir
It is one that is related by such a large umber of people that their agreement to propagate a
falsehood cannot be conceived. Twatur is of two types.
Twatur Lafzi
When all the narrators agree about the words as well as meaning the hadith is called twatur Lafzi.
For example. Following Hadith is twatur Lafzi.
He who attributes falsehood to me should prepare his abode in the fire.
Twatur Manawi (Meaning)
It is a Hadith which coveys the same meaning even if the words are not exactly the same.
(b) Hadith Mashhur
The mashhur tradition is one the number of whose reporters do no reach the level of twatur in the
first generation. Thus if one or two companions related the tradition from the prophet but in the
next generation of tabium, a very large number related from them and so on till the end of the
chain when the traditions were compiled then such a tradition is called mashhur.
(c) Hadith Ahad
The Hadith Ahad or the Khabar Wahid is reported by one or two persons from the beginning of
its chain up to its end when all traditions were recorded.
(ii) Hadith Mursal
Hadith Mursal is one that is not continuous and one or more names of the narrators are missing
from the chain of narration the jurists disagreed about the employment of a Mursal hadith as
proof for a Hukm.
function of Sunnah with respect to the Holy Quran or the relationship between Quran and
Sunnah can be discussed as under.
(a) Specification of general rule
The Ahkams in the Quran is in general, undetermined form. The Sunnah restricts or qualifies
these Ahkams.
Example:
Quran says that for the male two shares of the female the Sunnah explains that the murdered
will not inherit.
(b) Elaboration of Ahkams
The Ahkams in Quran are general in unelaborated from. The Sunnah elaborates these Ahkams.
Example:
Quran order prayer, Sunnah provide for timing, number and Rak as of prayers.
(c) Analogy on the basis of rule in Quran
The Sunnah may add or supplement the legal provision of the Quran.
Quran prohibits marriage of two sisters with one man. Sunnah prohibits it which maternal or
paternal aunt.
(d) Linkage of case with well known principle
Sunnah links a case with the well-known principal mentioned in the Holy Quran.
Example
Quran has permitted all goods things and has commanded the avoidance of Khabaith. The
Sunnah has linked with the Khabith the consumption of animals with morals and birds with
claws.
(e) General principal laid down by Sunnah
Some times Sunnah lays down a general principal.
Example:
Sunnah lays down the principal No injury is to be caused or borne. Quran mentions a number
of cases in which injury t others has been prohibited.
(f) Explanation of the implicit
The Quranic injunctions are sometimes implicit and the Sunnah makes it explicit by providing
the details.
Example:
Quran provides that the hands of each thief are to be cut. The Sunnah restricts this to the thief
who steals wealth equivalent to the Nisab and from the protective custody.
5. Difference between Sunnah and Hadith
Hadith is the noun derived from the word Hadatha which means a tale or verbal
communication of any kind. In legal sense Hadith means saying of Holy Prophet (Peace Be
Upon Him) which must be practiced. Sunnah and Hadith means one and the same thing, yet there
are few differences between these two terms.
(i) As to meaning
Hadith means saying of Holy Prophet (Peace Be Upon Him)
Sunnah refers to every saying of Holy Prophet (Peace Be Upon Him) and to every act which he
did or performed and every act which was permitted to be done by him.
(ii) Scope
Sunnah is bigger in scope
Hadith is narrow in scope as it refers to only the sayings of Holy Prophet (Peace Be Upon Him)
(iii) As to element
There must be unanimous opinion among all mujthahids upon a Hukm shari.
(III) Performed by Muslims
All the jurists participating in Ijma must be from the Ummah of Hazrat Muhammad
(Peace be Upon Him).
(IV) After the death of Holy Prophet (Peace be Upon Him)
The Ijma must have taken place after the death of Holy Prophet (Peace be Upon
Him).
(V) In a determinate period
The Ijma must be performed by jurists of single determined period i. e. of the same
generation.
(VI) Upon rule of law
The Ijma must be upon rule of law and all-non legal matters are excluded from the
domain of Ijma.
(VII) Reliance upon sanad (Evidence)
For deriving their opinion, Mujtahids should relied upon some sanad (evidence).
8. Ijma as a source of law
Ijma as a third source of law and under the circle of Quran and Sunnahs delegation
many issues can be resolved by Ijma.
(I) Enforcement of ordains of Quran and Sunnah
Ijma as a source of law helps in discovering the law and enforces the principals laid
down in Quran and Sunnah.
(II) Interpretation of Sharia
Ijam help in interpretation of laws of Sharia, according to the changing needs of
times.
(III) New legislation can be made
To achieve the objects of Quran and Sunnah, new legislation can be made through
the process of Ijma.
(VI) First Ijma performed by Muslims
The election of Hazrat Abu Bakr to the caliphate by the votes of the people was
based of Ijma.
9. Legal effect of Ijma
The law laid down by consensus of opinion is authoritative and binding. But in its
theological sense, a decision of Ijma would be of absolute authority only if it
conforms to the following conditions.
(i) No opinion to the contrary should have been expressed on the question by any of
the companions, or by other Mujtahids before the formation of the Ijma.
(ii) None of the Mujatahids taking part in the decision should have afterwards
changed his opinion.
(iii) The decision must be proved as being either universally knows or well-knows.
(iv) It should be based on an express text of the Quran or a tradition of a continuous
or well-knows character.
(v) It must be regularly constituted.
10. Ijma and western concept of opinion prudentium
Opinion prudentium which meaqns the opinions and decisions of lawyers is
parallel concept of Ijma in the western society. In Roman law the lawyers were
empowered to give opinions by Emperor. With the passage of time such opinions
become part of their legal system. However the concept of Ijma has wider scope
than the concept opinion prudentium which is also knows as Responsa
Prudentium.
11. Ijma in modern period
According to the accepted opinion of all four sunni schools, Ijma is not confined to
any particular age or country. The underneath principal of Ijma is that if a rule or
principal is upheld collectively by the highest legal forum in the land, then such a
principle must be followed by those subordinate to this forum. In the earlier stages,
this forum was confined to jurist companions then the leading jurists of each school.
Today the forum would be the highest court in each Muslim country.
12. Conclusion
To conclude, I can say, that Ijma is an essential and characteristic principal of Sunni
Jurisprudence, one upon which the Muhammadan Community acted as soon as they
were left to their own resources. It may be constituted by decision expressed in
words or by practice of the jurists. The number of jurists participating in Ijma need
not be large and Ijma of one age may be reversed by subsequent Ijma of the same
age.