THE QURAN ISLAMIC LAWS

The Quran is the primary source of Islamic law and its most authentic book. Allah himself orders
us to use the Quran as the book of law. He said, ‘It is a book. There is no doubt about it; it is
guidance for the pious’. To make law from the Quran, one must be an expert in the Quran,
Hadith, Arabic language, Islamic history, and other modern sciences. It must be kept in mind that
the law should be made from the verse, which clearly indicates any rule. The Quran covers every
aspect of life.

Social Aspect: 

Allah said, "Help one another in righteousness and piety, but do not help one another in sin
and transgression." Hence, this verse gives the lesson that a person shouldn't support a wrong
cause but should instead advise our friends for virtue.

Religious Aspect:

'And those who accuse a free woman, then do not bring four witnesses; flog them, giving
them eighty lashes, and do not admit evidence from them ever’. This verse clearly states that
every false accusation must be lashed 80 times (provided four just witnesses are not available).

Political Aspect:

Allah says, "And obey Allah, his Messengers, and the leaders appointed over you." From this
verse, the law is made that we obey our leaders and the rules and regulations set by them as long
as they obey Allah and his Prophet.

Economic Aspect:

The Quran says, "Give full measure when you measure." Through this verse, we understand
that cheating and stealing are haram in Islam.

 Hadith:

The Quran is not only used to make laws, but it also serves as a foundation for Hadith, Ijma, and
Qiyas to address contemporary issues. Sometimes the Quran gives a basic rule; other times it
gives a law that requires research. For any order that does not contain any clear methodology,
Hadith is used to make a law. For example, under the law of heredity, The Quran prescribed
heredity for children, saying, ‘Allah commands you as regards your children’s (inheritance);
the male, a position equal to that of two females." However, the messenger of Allah limited
inheritance to the victim’s heir, saying "The killer shall not inherit". If he was to inherit, killing
would become widespread and lead to universal chaos. Therefore, the Holy Tribunal (SWAT)
gave this verdict.

Ijma:
The Quran is also the basis for Ijma when Hadith isn't available. For example, giving part of your
property to your grandfather isn't mentioned in the Quran or Hadith, but scholars did it anyway
when no other relatives were still alive. They made this Ijma through a verse of the Quran: ‘It is
prescribed that if death approaches any of you, and if he leaves some goods, he should
make a bequest to the nearest of his kinsmen.'

Ijma:

The Quran is also used in Qiyas. For example, because the use of cocaine and marijuana has
become a major trend or issue, a scholar used it to compare it with a Quran verse: ‘O you who
believe, intoxicants and gambling are althars of idols, and the games of chance are
abhorrent to the devil; you shall avoid them that you may succeed." It is confirmed that
cocaine and drugs are prohibited.

THE IJMA ISLAMIC LAWS

Types of Ijma:
1. Ijma of Sahaba
2. Ijma of Mutjahideen of the time after the Saba till the day od judgement
3. Ijma of public on any belief.

Qualification of Mutjaheeds (Law Makers)

To have a good understanding of the Quran, Sunnah, Ijma, and Qiyas of Islamic law, you need to
be honest, an adult, and a Muslim.They should be able to interpret the Quran and Sunnah, have
knowledge of Arabic, be able to tell the difference between fake and authentic hadith, and be
wise and pious.

There is a difference of opinion among legal experts about who makes up this second group of
Muslims. Others think it’s the Prophet's (pbuh) (companions') Ijma that is valid, as they were the
most knowledgeable in matters of Islamic law. Yet others believe it should be the Rightly
Guided Caliphs. According to Shia Muslims, the Ijma of a jurist of the same period as the prohet
or the Shia Imams is binding.  

Examples of Ijma in the Time of the Prophet (pbuh)

The pairing and brotherhood between the Ansar of Madinah and the Muhajiroon of Makkah is
one of the best examples of Ijma, in which the Ansars agreed to own the Muhajiroon and share
their assets with them, and they didn’t become ungrateful for the favors.
 

The Battle of Uhad is an example: when the Holy Prophet asked for opinions on how to fight the
enemy, the majority of Muslims were willing to fight outside the city from the enemy, with
mutual agreements and a joint effort of hundreds of Muslims after the suggestion of Salman
Farsi.

Donations and the arrangement of the resources for the Tabuk expedition are also a good
example of Ijma, where the Holy Prophet and everyone got ready to fund the army.

Examples from the time of rightly guided caliphs

Fighting against the false prophet, all of the Muslims agreed to fight against the Muslims and
others who opposed the main belief of the Muslims that the Holy Prophet (pbuh) is the seal of
the Holy Prophet.

All the Muslims agreed on the compilation of the Quran during the caliphate of Abu Bakr by
Zaid bin Thabit and his committee.

The panel of scholars agreed on the Tarawih in congregations during the time of Omer but were
uncertain about its performance as most of the people started skipping Sunnah prayers.

The panels of scholars agreed over the burning of unauthentic Quranic copies and the circulation
of the Quran in the time of Usman, when people started arguing over the dialect of the Quran.

The panel of educators agreed on two Azans of Friday prayers, one in the market and one in the
mosque. During the time of Hazrat Usman, there was an increase in population, and the majority
of the people didn’t know about the Azan of Friday prayers.

Examples of the laws of Ijma with Quran

1. Share in the property for grandfather in the light of the verse of kin regarding property.

2. No marriage with grand-daughters or grandmother in the light of the verse of no marriage with
the close relatives.

3. Banning of YouTube for some time in the light of verse of respect of the Holy Prophet.

4. Those who do not believe in Muhammad as the last Prophet, were declared as non-Muslims.

Ijma is what scholars agree on when the Quran or Hadith don't talk directly about a subject.
However, it's very important that the Ijma's decision doesn't go against the Quran or other
Islamic rules. Those who make it should have sound knowledge of Islam and modern sciences.
Allah Himself orders to use Ijma. He says, "And obey Allah, His Messenger, and the leaders
appointed over you."

Ijma has two major types; one is of the Sahaba, and the other is of the scholars of certain time.
There are other kinds too, such as jurists and public, but the Ijma of the public will be regarding
worldly matters, not Islamic ones. There are various examples in which Ijma was made in the
light of the Quran. According to the Quran and Hadith, there is no fixed share in the property for
grandfather (as by the time he is too old to inherit the property of his grandson). Scholars through
Ijma gave him the share when no other relative was alive. They made this Ijma in the light of this
verse: "It is prescribed that when death approaches, any of you, and if he leaves some goods, he
should make a bequest to the nearest kins." Scholars added the grandfather to the heredity of the
grandson, keeping the words, "the nearest of kin" in their minds.

Marriage between a man and any of his granddaughters is forbidden through Ijma. Though it is
not stated in the Quran and Hadith. This decision by Ijma is based on this verse of the Quran in
which Allah says, "Prohibited to you are: your mothers, daughters, sisters, father’s sisters,
mother’s sisters, your foster mothers, your foster sisters, your wives, and the daughters of your
brother and sister mothers, your stepdaughters under your guardianship, born of your wives." In
this verse, a person cannot marry his granddaughter because she is as sacred as well as certain
other blood and close relations.

When some non-Muslims put blasphemous cartoons of the Holy Prophet on the Internet, Muslim
scholars followed the Ijma's advice and boycotted their products. This is because Muslims
believe that prophets should be respected. Allah says, "If you ask them (about this), they declare:
‘we were only talking idly and joking.' Say, ‘Was it from Allah?" and His Ayaat (proofs,
evidences, verses, lessons, signs, revelations, etc.) messenger that you were mocking? Make no
excuse; you disbelieved after you had believed." This verse clearly states that mocking Allah,
His verses, and His Messenger constitutes kufr, so that applies even more too insulting. The
verse also indicates that whoever belittles the Messenger of Allah is also a kaafir, whether he is
serious or joking.
The government and scholars of Pakistan in particular, and the Muslims all around the world in
general has declared those people as non-Muslims who do not believe in
Muhammad, as the last Prophet. This decision of Ijma can be certified in the light of the Quran,
which states: “Muhammad is not the father of any male among you, but he is the messenger of
Allah. “And the seal of the Prophets."

"Whoever saves a life, it will be as if he saved the lives of all mankind." In light of this verse of
the Quran, some scholars allow the donation of body parts to save the life of a human being,
provided that it is not for sale purposes.

Examples of the laws of Ijma with the Sunnah

1. Abu Bakr as caliph as he was close to the Holy Prophet.

2. Tarawih in congregation as the Holy Prophet did once or twice.
3. The Battle of Uhad as the Holy Prophet went with the majority to fight outside.
4. Those who do not believe in Muhammad as the last prophet, were declared non-Muslims as
the Holy Prophet said He was the seal of the prophets.
5. The Moon Sighting Committee as the Holy Prophet said to see the moon to keep fast.

Details
insert the same introductory paragraph.

There are various examples of laws of Ijma in Hadith. Such as Sahaba made Abu Bakr the first
Caliph through Ijma. The Holy Prophet did not nominate anyone as his successor in his lifetime.
But after his demise, Ansar and Muhajerin were in utter confusion over who should be the
Caliph of Islam. Then finally, with a mutual agreement, they decided Abu Bakr would be the
caliph. This decision of their Ijma can be certified in the light of the Sunnah of the Holy Prophet.
Who used to give great respect to Abu Bakr. He was made Imam of the Prayers (Salat) during
the sickness of the Holy Prophet. The Holy Prophet made Abu Bakr an Ameer-e-Hajj as well.
“Therefore, Sahaba also made him their leader, keeping the examples of the Holy Prophet in
their minds.

For the Battle of Uhad against the Quraish of Makkah, the Holy Prophet had the opinion to fight
inside the city, but the majority of the soldiers wanted to fight outside, so the Holy Prophet also
agreed with the majority to go out of the city to fight, which shows the Holy Prophet approved
by consensus opinions of his followers.

The government and scholars of Pakistan in particular and the Muslims all around the world in
general has declared those people as non-Muslims who do not believe in
Muhammad, as the last Prophet. This decision of Ijma can be certified in light of the Hadith,
which states: "There will be no prophet after me, and no ummah after you."
Allah and the Holy Prophet did not order any committees to see the moon. The Holy Prophet
simply said, "Whenever you sight the new moon (of the month of Ramadan), observe fasting;
and when you sight it (the new moon of Shawwal), break it; and if the sky is cloudy for you, then
observe fasting for thirty days." But nowadays, there is so much pollution in space that we
cannot trust the naked eye; therefore, the Muslims, through Ijma, formed a committee to see the
moon. This committee contains scholars, well-known figures, and astrologists.

How is the Qiyas (analogy) used with the Quran in lawmaking? [10]
Examples of the laws in the Quran

Level marking
- Introduction
- Cocaine compared with wine
- Dry ablution compared with ablution (wudu)
- Modern business compared with Friday time business
- Smoking compared with suicide
- Choice of marriage compared with the verse of marriage
- No marriage between an aunt and niece simultaneously.

Details
Qiyas means to compare a new issue with already existing teaching, provided that both new and
old issues should have the same effect. When the Quran doesn’t give any clear law for the
modern issue, and even if Hadith and Ijma do not address it, then Qiyas seeks guidance from the
Quran to make a law for the modern problem. The rule which is made from Qiyas through the
Quran shouldn’t be against the teachings of the Quran, Hadith and Islamic principles The Quran
itself orders to use Qiyas, Allah says, "If you differ among yourselves on anything, then refer it
to Allah and the Prophet.  "A common person cannot make laws through Qiyas; however, the
lawmakermust have sound knowledge of Islam and other modern sciences.

There are four elements (pillars) of Qiyas, and they should be properly linked with one another:
 1. Fer (new issue about which a law has to be made)
 2. Asl (old or already existing teaching that works as a law)
 3. Illa (common effect between both the fer and asl)
 4. Hukm (order to be made)

Nowadays, the use of cocaine and other intoxicating drugs is a new issue. There is no clear
restrictions about them in the Quran, Hadith, and Ijma. So the scholars compared them with a
verse of the Holy Quran that says, "O you who believe, intoxicants, and gambling, and the altars
of idols, and the games of chance are abominations of the devil; you shall avoid them, in which
you may succeed." From this verse, the problem is resolved as the scholar compared wine with
cocaine. As both of them intoxicate therefore, cocaine and other intoxicating drugs are also
haram, just as wine is haram.
It is Islamic law that prescribes that body parts must be washed properly for the prayers (salat),
but if there is no water, then what to do? This issue was resolved by Allah, which explains this in
the Holy Quran through a comparison between sand and water. He says, "And if you are ill, on a
journey, or one of you comes from the place of relieving himself or you have contacted women
[i.e., had marital relations] and find no water, then seek clean earth and wipe over your faces and
your hands [with [Truly, Allah is ever pardoning and forgiving.] This verse clearly indicates and
permits us that dry ablution is allowed if we don’t have water within our reach. In this example,
Sand and water are compared because they are both commonly available, pure, and commonly
used for purity.

"O ye who believe! When the call is proclaimed to pray (salat) on Friday (the day of assembly),
hasten earnestly to the remembrance of Allah, and leave off business (and traffic) that is best for
you if you only knew!" In this verse, business transactions are not allowed at the time of Friday
prayers (salat). So in light of this verse, any kind of transaction is forbidden at the time of Friday
prayers (salat), such as, school, office, academy, business, meetings, stock exchange, etc.

Smoking is also a common issue in our time. There is no clear prohibition in the Quran. Hadith
or Ijma regarding it. If we compare it with the verse of the Quran in which Allah says, "And cast
not yourselves to destruction with your own hands, and do good (to others). Surely, Allah loves
the doers of good. “In this verse, suicide is haram; similarly, smoking is also haram as it slowly
kills person by damaging his lungs and throat.

The Quran says: "Marry women of your choice, two or three of four; but if you fear you shall not
be able to do justice, then only one." Here is the second clause (but if you
fear...) allows humans to compare the number of their wives with their resources in order to treat
them equally in providing a home, food, clothing, time, and other necessities of life accordingly.

The Holy Quran forbids a man to marry two sisters simultaneously. "You are prohibited from
marrying the wives of your sons and two sisters at the same time, except for what has been done
in the past." Keeping this issue in mind," the Holy Prophet forbade combining an aunt and niece
in marriage with a man as they are also closely related to each other.

How is the Qiyas (analogy) used with the Hadith and Sunnah in law-making? [10]
Examples of the laws of Qiyas with Hadith
Level marking

 First para
- Cocaine and drugs compared with Khamr
- Promised Hajj compared with a loan
- Smoking compared with onions and garlic
- A business deal over a deal compared with an offer of betrothal to a woman who is already
engaged
- Rule for wearing nail polish before the prayers (salat).
- A Guardian for a Lunatic
Details

Same introduction

Qiyas can be used together in lawmaking in the following ways: There is an issue regarding
cocaine and drugs, whether they are allowed or not, no clear law was found. In the Quran,
Hadith, and Ijma, cocaine and other dangerous drugs are forbidden, but a similar case was found
in a hadith. The Holy Prophet said “Every intoxicant is khamr, and every intoxicant is haram."
The scholar finally compared cocaine with this hadith by saying that it also intoxicates;
therefore, it is haram too.

Once, a man asked the Holy Prophet what he should do because his father had vowed (promised)
to perform Hajj but died without doing so. The Holy Prophet asked him if his father had a loan to
pay and that he had died without paying it, what he would do The man replied that he would pay
it. Then Holy Prophet said that he could perform Hajj on behalf of his father, just like he was
supposed to pay his father’s loan.  In this example, the Holy Prophet compared the vow of Hajj
with a loan, i.e., a loan is due for a human being. The vowed Hajj is due to Allah.

Nowadays, smoking is a big issue, whether one can smoke or go to the mosque for prayers
(salat) after smoking or not. No clear law was found for it, neither in the Quran nor the Hadith
nor in the Ijma, but it was compared with a Hadith, which states, "Whoever eats garlic, onions,
and leeks should stay away from our mosque because they are harmful to angels." What harms
Ibn-e-Adam?" According to this Hadith, it is indicated that onions cause bad breath or smell;
similarly, smoking sheesha and cigarettes also causes bad breath or smell. Therefore, if anyone
has smoked, he should not pray unless his mouth is clean.

According to a Hadith, it is forbidden for a man to make an offer of betrothal to a woman who is
already engaged to another man unless the latter discontinues the relationship or has totally
abandoned his offer. The goal is to avoid conflict and hostility among people. By analogy, the
same rule is extended to all business transactions. in which the same illah is found to be
operative, i.e., if anyone has given the token amount or showed eagerness to buy any commodity
than any other person can buy it until the transaction is finalized or the due date is over. The illah
is to avoid conflict and hostility among people.

The use of nail polish is the latest issue; it can be used before the prayers (salat) or not?  As it is
not mentioned in the Quran, Hadith, or Ijma, it is compared with aHadith: "If a person omits a
small part of that which must be purified, then his "Purification is not valid." In the light of this
hadith, it becomes clear that hand must be fully wet, and nail polish resists water's ability to
reach the surface of the nail. Therefore, nail polish cannot be applied before ablution.

Islam allows a minor to have a legal guardian appointed, so the law is that from this, we can
figure out that an adult lunatic can be given a guardian for his legal needs. Affairs, as he either
cannot decide his matters like a minor.