Legislative Functions of Quran and Sunnah

ISLAMIC JURISPRUDENCE FINAL PROJECT

SUBMITTED TO: MA’AM SANA AKHTER
SUBMITTED BY: ALEENA AHMAD, AMEERA AKHURSHID, HUDABIA AND SHAFAQ YOUSAF
SUBMISSION DATE: 8TH MAY, 2021
 Introduction:
Quran:
• Quran is the last holy book that Allah sent down to people. The Quran was sent down to
the Prophet . Muhammad (PBUH) through Gabriel (Jibril) and then it reached today
through being written down and reported.
• The Quran is a material and spiritual guide for individuals and the community, all classes
of people living in any place or time and for the whole life of man. Everybody, from the
president to the man in the street, finds the things that are about them in the Quran. They
take the knowledge and lessons that are necessary for peace and tranquility both in the
world and the hereafter. Quran also tells us about legislative functions, tort, crime and
trade. 
Verses related to Quran as a important source:
•  "And this is a Book which We have revealed as a blessing: so follow it and be righteous,
that ye may receive mercy."(al-Anam, 6/155).
• "The Qur'an as a guide to mankind also clear (Signs) for guidance and judgment
(between right and wrong)..."(al-Baqara, 2/185).
Sunnah:
• The Sunnah refers to the sayings and practices of the Prophet Muhammad
(PBUH) and is the second source of knowledge for Muslims.
• Prophet Muhammad (PBUH) is considered to be a perfect model. This can be seen at
prayer time or Salat  whilst the Quran explains when and how one should pray,
Muslims use the example of Prophet Muhammad (PBUH) to know what words and
movements to use during prayer. The word sunnah used in fiqh books means “there is
reward if we do it but there is no sin if we do not do it”.
• It is necessary to divide sunnah into parts:
i. Fard: Everything that Allah definitely wants us to do or to avoid. It is our Prophet
who carries out the commands and prohibitions of Allah in the best way and who
serves as an example. We should follow him in order to carry out the commands
and prohibitions of Allah. Such as performing prayers, fasting, avoiding
fornication and not eating anything haram (forbidden).
 ii. Wajib: The wajibs of our religions: for instance, it is wajib to perform the prayer of witr as
three rakats.
iii. Nafilah: The things other than fard and wajib that we carry out while performing prayers.
For instance, to read some verses from the Quran while performing prayers is fard but to
read subhanaka prayer is nafilah.
iv. Adab: If we do as the Prophet did while doing our daily tasks like eating, sleeping, entering
the mosque or toilet, etc., we will have done them in accordance with their procedures. A
person who does not act accordingly is not regarded to have committed sins.

Characteristics of Quran and Sunnah:

Characteristics of Quran:
i. The Quran is in the words of Allah: No book can claim to be in the language of Allah
except the Holy Quran. This book is a relationship between man and God through the Holy
Prophet .This Book being the Book of Allah has its elevation to such an extent that nobody
can judge of it.
ii. Its Words are a Miracle: The words of the Quran in the shape of verses are in such form that
nobody can claim to construct such words and this is the great miracle which has been announced
by Allah in the Holy Quran..
iii. The Quran is Concise: The matter in the Quran has been described in such a manner that it
logically explains every relevant matter. Moreover, unnecessary and irrelevant things have been left
out.
iv. The Holy Quran is the syllabus of Social Life: The Holy Quran contains all matters social life
beginning from family, passing through the education, politics, economy and ending up to religion.
It discusses all the social institution of life, the Quran does not hesitate to discuss the husband and
wife relationship and their delicate bonds in which they have been tied.

Characteristics of Sunnah:
• The Sunnah is a pattern which can be identified by its comprehensiveness and completeness
in all dimensions of human life, length, breadth and depth. Now by length, we mean the
temporal or vertical dimension, from birth to death. There are so many verses and hadiths in
Quran and in hadith books, which precisely state that adhering to the Sunnah is the
fundamental basis of the religion.
• O you who believe! Obey God and obey the Messenger, and those from among you who
are invested with authority; and if you are to dispute among yourselves about anything,
refer it to God and the Messenger, if indeed you believe in God and the Last Day. This is
the best (for you) and fairest in the end. (an-Nisa, 4:59).
• The basic characteristic of sunnah are followed as:
i. Also a complete code of life: The importance of Prophet Muhammad (PBUH) and his
Sunnah were embroidered like a golden string in the verses by God. Sunnah help us to walk
on a right path.
ii. Humanity as a basic need: Islam teaches all humans are equal before God, regardless of
race, class or nationality. The daily prayer demonstrates this concept as Muslims from all
walks of life pray shoulder to shoulder.
iii. Guidance for human beings: One of the most important characteristic of sunnah is
guidance and it actually open up the gates of righteousness and help us to achieve life after
death
iv. Formation of healthy and peaceful society: It also lead to peaceful society by telling us
how we have to live our life as a humble Muslim.
 Modes of Legislation
Positive Mandatory legislation
• Where there is no forgiveness and a Muslim is bound to perform an act since these are
express commandments of Allah
• For instance : Surah Al-Baqarah V.110 ‘’And offer prayers and pay zakat’’ fulfill the express
commandments of Allah.
• Surah Al-Baqarah V. 183, ‘’O believers! Fasting is obligatory on you as was upon those
before you’’.
• Surah Al-Hood V.84 clearly narrates an act of the will of God in the following words ‘‘Do
not give short measures’’.
• Maintain just measure in your business and do not cheat.
 Negative Mandatory Legislation
• These are essentially the express commandments that are forbidden.

• Where Allah has clearly declared an act unlawful with the prescription of worldly
punishments

• It shows the discontent of the God if committed.

• If such acts are committed then one has to face consequences as in commitment of
adultery would lead to severe punishment.

• Surah Al-Noor v2, ‘’ If men and women guilty of adultery then 100 stripes’’.

• For instance, God has forbidden the blood money of one Muslim over the other.
 Discretionary Powers:

• As the name suggests, it is a discretion of an individual whether to practice an act or

not.

• There is not any penalty imposed if the commandment is ignored.

• Examples include; Nafal, Jumma Prayer, Women’s Eid prayer etc.

• Suspension of sinful liability since such acts are not harmful in any way either
committed or not.
 Legislative functions of Quran
• Permissible: Things which are halal or are allowed to do so.
• Forbidden: Haram
• Abrogation: ‘Naskh’, Quran abrogates the order of Sariah and at times abrogates its own
orders as well.
• Repealing: Repealing all the malpractices, polygamy, gambling, drinking and has become a
source of guidance through multiple verses.
• Social reforms (evolution) : Changing the status of women, improvising inheritance law and
more protection to minors.
• Law and order: Hudood laws, concepts like Diyat and Qisas are also being legislated.
• Family matters: laws pertaining to family, divorce, custody, minors abortion forms a part of
Quran
• Prayers: How many prayers are obligatory i.e. farz, sunnah etc. Time and method is also
mentioned to seek guidance without any ambiguity.
 Legislative functions of Sunnah
• Legislation is an important function of Sunnah and it is one of the most important functions of
Sunnah among many other important functions.
• There are three aspects of legislations in Sunnah:
i. Legislations about the issues which are propounded in Quran, Sunnah only reiterate them
ii. Legislations about the issues which are not clearly described in Quran
iii. Legislations about the issues which are not mentioned in Quran
Rulings about the issues which are propounded by Quran and reiterated by Sunnah:
• In this Sunnah only confirms, elaborates and ratifies, the clear meaning of Quran.
• As, Quran is the main primary source, Sunnah does not add anything which is not based on the
rulings of Quran.
• In this aspect, Sunnah comprises such rulings which are expressly propounded by Quran.
 Legislative functions of Sunnah
•In such case, Sunnah does not act as an independent source for legislation  as it only
reaffirms the rulings of Quran.
For example:
i. Ahadith pertaining to five pillars of Islam, rights of parents, homicide, theft and false testimony
ii. A more specific example can be of Hadith taking about the “acquiring someone’s property unlawfully
without his consent, is an offence” which only affirms Quranic ayah (Surah Nisa, verse 19) which talks
about the same matter of unlawful acquiring of property.
Legislations about the issues which are not clearly described in Quran:
•Secondly, Sunnah may comprises of rulings on issues whose meaning is not clear.
• It elaborates the Ahkams of Quran.
For example:
i. Sunnah elaborates the timings of prayers and their rakats, Quran only obligation of prayers.
ii. Moreover, elaboration of kinds of wealth in which zakat can be paid.
 Legislative functions of Sunnah:
• It qualifies the absolute statements of Quran.
• It specifies the general terms and general principles of Quran.
For example:
i. Quran say in matter of inheritance “for male two shares of the female”, but sunnah specifies that
murderers will not inherit the property.
ii. The Quran contains only general guidelines on lawful and unlawful food while the Sunnah
provides the specific case.
• Like previous case, in this Sunnah does not work as an independent source as well. It plays its role
in relationship with Quran.
Legislations about the issues which are not mentioned in Quran:
• Lastly, Sunnah contains rulings on the matters in which Quran is silent.
• Sunnah of this kind is called as ‘founding Sunnah’.
• These rules does not appear to be additions over the meaning of Quran and not qualifications or
elaborations.
 Legislative function of Sunnah
For example:
i. Hadith about stoning to death if a married person commits adultery.
ii. Hadith about grandmother inheriting from grandchildren and khabai’th.
• In this case, Sunnah works as an independent source of Islamic law as Sunnah gives a ruling about an
issue the Quran has not mentioned. 
Authority of Legislative Function of Sunnah:
• The authority of Sunnah to declare something halal or haram in the light of the general principles of the
Quran comes from Quran.
• It is stated in Quran, “And whatever the Messenger has given you,  take; and what he has forbidden you,
refrain from.”
• These and similar evidences show that all the things the Prophet ordered or prohibited are included in
the rulings of the Quran.
• But it is to be noted that in a conflict between rulings of Quran and Sunnah, Quran will prevail, as it is
the main primary source of Islamic law.
 Significance of Quran as a Primary Source
• The Holy Quran is the foremost Primary source of law for Muslims all over the world. It
contains all the rules according to which all the Muslims must conduct their lives, it
regulates the relations between Allah and man, between man and Allah’s various other
creations, between men, no matter their religion.

• The method for governance and organization of the Islamic society is mentioned in
Quran including conflict resolution methods among the men and between the people
and the state.

• Proof of this can be found in Surah Nisa, where Allah commands,

• “O you who have believed, obey Allah and obey the Messenger and those in authority
among you. And if you disagree over anything, refer it to Allah and the Messenger, if you
should believe in Allah and the Last Day. That is the best [way] and best in result.” (4:59)
 Significance of Quran as a Primary Source
• In Surah al-Isra verse 9 Allah says, “Indeed, this Quran guides to that which is most suitable
and gives good tidings to the believers who do righteous deeds that they will have a great
reward.”
• There are around 500 legal verses in Quran setting out legal rulings and decisions to be
applied to all Muslims, an example of such legal rulings is mentioned by Allah Almighty says
in Surah Al-Isra:
• “And give full measure when you measure, and weigh with an even balance. That is the best
[way] and best in result.”(17: 35)
• Another mention of a legal verse is in Surah An-Nisa Verse 58

• “Indeed, Allah commands you to return trusts to their rightful owners;1 and when you judge
between people, judge with fairness. What a noble commandment from Allah to you! Surely
Allah is All-Hearing, All-Seeing.”
 Significance of Quran as a Primary Source
• Quran provides many rights to orphans, women, widows, relatives, neighbors,
victims of crimes, prisoners of war, and many other rights. If these rights were not
being given the world would be chaos
• Islam is a religion that is applicable to all times, therefore, Quran carries such
commandments that are applicable on all the people in the world at all times.
• These commandments provide for the basic yet still intricate foundation for a state
to base their legal framework off of.
• If such a base was not available to the Islamic community most of them would have
lost their path and gone astray.
 Significance of Sunnah as a Primary Source
• Sunnah is the second Primary Source of Islamic law, it provides the necessary
interpretation of Quran and its commandments. If some commandments of
Allah are difficult to comprehend then the entire Islamic community turns to
Sunnah to figure out the problem.
• In addition to providing better understanding of the Quran, the Sunnah also
has legal provisions that all Muslims must apply in their daily lives. Such as, the
Prophet (PBUH) mentioned,
• “Avoid condemning the Muslim to Hudud whenever you can, and when you can
find a way out for the Muslim then release him for it. If the Imam errs it is
better that he errs in favor of innocence (pardon) than in favor of guilt
(punishment).”
 Significance of Sunnah as a Primary Source
• Sunnah is never against the commandments of Allah mentioned in Quran, Sunnah only
elaborates, gives details or provides further information regarding the commandments of
Allah that aren’t mentioned in Quran.

• Allah has expressly mentioned in Quran, that obeying the Prophet (PBUH) is an
important part of one’s Iman. Therefore, applying the provisions of the Prophet (PBUH)
is important for a Muslim.

• “For you the life of the Prophet is a model of behavior” (Al-Quran 33:21)

• The Prophet (PBUH) mentioned about fair trials and how men should not be given the
choice to avenge themselves by taking law in their own hands,

• "Were people to be given in accordance with their claim, men would claim the fortunes
and lives of (other) people, but the onus of proof is on the claimant and the taking of an
oath is incumbent upon him who denies."
 Conclusion
• In a nutshell, it is established that Quran and Sunnah are the two primary sources of
Islamic law.
• Both of them perform their specific legislative functions.
• Quran and Sunnah legislate on all the fundamental matters which are necessary to
regular human behavior and society.
• Quran is the main source and Sunnah seconds and ratifies the rulings of Quran and
sometimes works as an independent source of Islamic law.
• Sunnah finds its way for legislation through express commandments of Quran and
Allah has expressly mentioned in Quran, that it is mandatory for all Muslims to
follow the path of Holy Prophet.
THANK YOU!!