what is the quran? |
HOLY QURAN A PRIMARY SOURCE OF LAW.
Question No 1:Discuss Quran as a source of Islamic Law?
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Write a detailed note on Quran as primary source of Islamic Law?
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Discuss Holy Quran as a Source of Islamic law?
1.SYNOPSIS
INTRODUCTION
2. DEFINITION OF QURAN
3. REVELATION OF THE QURAN
4.ATTRIBUTES OF HOLY QURAN
5. QURAN AS SOURCE OF ISLAMIC LAW
(1)AHKAM IN THE HOLY QURAN
(1)Hukm Taklifi
Hukm Wadi
(II) KINDS OF AHKAM IN THE HOLY QURAN
(i)Ahkam pertaining to Faith
(ii) Ahkam pertaining to Ethics
(iii) Ahkam pertaining to Practical Life (a) Ahkam pertaining to Ibbadat
(b) Ahkam pertaining to Muamlat (matters) (i) Family Matters
(ii) Civil Matters
(iii) Penal Matters
(iv) Judicial Matters
(v) Constitutional Matters
(vi) International Matters
Introduction:
The Quran which is not only of divine origin but has existed from eternity was revealed in parts
to the Prophet of Arabia during a space of twenty or twenty five years. It is divided into suras or
chapters each having a separate designation and is composed of ayats or verses, which were
revealed to the prophet bit by bit. The best proof that it is the word of God is the verse of Quran
itself which runs as follows, "Verily this Holy book has been sent down by the Almighty." Since
the Quran contains the commands of Almighty, it is an ordinance, law and legislation for us.
The main sources of Islamic teaching are the Qur’an, Hadith and secondary sources of Islamic legal system are,ijma,Ijtihad,qiyas,istehsan,istadla etc.
. Al-Qur’an
The Qur’an is a scripture that contains the word of God, revealed to Prophet Muhammad as one of his miracles through the mediation of the angel Gabriel. The Qur’an, which is a holy book of Muslims containing beliefs, acts of worship, laws, warnings, stories and gestures of development of the object,
” Indeed, we have translated it into the Quran in Arabic, that you may understand it “. (Surah. Yousaf: 2)
2. DEFINITION OF QURAN:
The Quran is the book revealed to the Messanger of Allah, Muhammad (Peace be upon him) as
written in masahif and transmitted to us from him through an authentic continuous narration
without doubt." (AL. Bazdawi)
3. REVELATION OF THE QURAN:
The Holy Quran was not revealed at once but it took a period of 22 years, 5 months and 14 days.
The first message of Allah delivered by Hazrat Gabriel (AS) to
the Prophet (peace be upon him) was the five verses of Surah Al Alaq in cave Hira. In this Surah
Allah says.
"Read in the name of the Lord and Cherisher, who created.... Created men out of a (mere) clot of
congealed blood. Read! and the Lord is most bountiful. He who taught (The use of) the pen---
Thaught man that which he knew not"
After that there was an interval or break (fatra), extending over some two and half years. The
second revelation came in the form of Surah al-Muddathtir (Ayat 2)
In Order of revelation the last Ayat of the Holy Quran is "This day, I have perfected your
religion for you, completed My favour upon you and you have chosen, for you Islam as your
religion." (Al. Maidah: 3)
4. ATTRIBUTES OF HOLY QURAN:
The attributes of Holy Quran are 55 in numbers. Some of them are:Tradition tells us that the
code was composed by a commission, first of ten and then of twelve men, in 451-450 B.C., was
ratifed by the Centuriate Assembly in 449 B.C., was engraved on twelve tablets (whence the
title), which were attached to the Rostra before the Curia in the Forum of Rome.
(i) Al Quran (ii) Al-Furqan (ii) Al-Zikar (iv) Al-Burhan. (v) Al-Noor.
QURAN AS SOURCE OF ISLAMIC LAW
The Holy Quran is the first source of law in point of time no less than in point of importance. It
lays down the basic law, and Muslims are enjoined to decide all dispute in accordance with the
law as laid therein. We may quote some of these verses of Holy Quran on the point.
(i) "We have sent down to you the Book in truth, so that you may judge between men according
to law as laid down by God. (Quran IV. 105) (ii) "Judge between the people by the law sent down
by Allah,and do not follow their deserts by turning aside from the truth that has come to you."
(Quran V. 51:52).
(iii) "Verily Allah has neglected nothing in His Law." (VII.39)
(1)categories.
AHKAM IN THE HOLY QURAN:
Ahkam in the Quran have been classified into two main
(i) Hukm Taklifi (ii) Hukm Wadi.
(i)Hukm Taklifi:
The communication which demands to do or not to do a thing or an option between two or
more option is called Hukm Takilifi (defining law or law which defines rights and obligations).
(ii) Hukm Wadi:
The Communication which declares a thing to be the cause or condition, of a rule or an
Impediment to it is called Hukm. Wadi. (declaratory law).
(II) KINDS OF AHKAM IN THE HOLY QURAN:
Ahkam in the Holy Quran, are of three kinds..
(1) Ahkam pertaining to faith:
These are like belief in one God, his Angels, Books, Prophets and
the Day of judgment. The discipline dealing with these is that of Tauheed ۔
(ii) Ahkam Pertaining to Ethics:
These rules deals with Quranic Ethics. The disciplines that
deal with them are ethics and tasawwuf
(ii) Ahkam pertaining to practical life:
These are those Ahkam which relates to marriage, divorce, inheritance etc. etc. These may be
divided into further two forms.
(a)Ahkam pertaining to Ibbadat:
Ibbadat like prayer, Fast, Hajj and Other Naffli Ibbadat.
(b) Ahkam pertaining to Muamlat (matters):
Muammlat like relation of one person with other person, Relation of Individual and Society.
Relation of Individual and State etc. Ahkam pertaining to Muammlat (matters) may be divided
infurther six categories.
(1) Ahkam pertaining to Family matters.
(ii) Ahkam pertaining to Civil matters. (iii) Ahkam pertaining to Penal matters.
(iv) Ahkam pertaining to Judicial matters. (U) Ahkam pertaining to Constitutional matters
(vi)Ahkam pertaining to International matters.
(I)Family Matters:
Regarding family matters there have been laid down in Quran
some 70 injunctions In these injunctions, concept of Marriage, Talaq, and Dower is mentioned.
(ii) Civil Matters:
Regarding civil matters there have been laid down in Quran some 70 injunctions In these
injunctions inheritance, sale and purchase, tenancy, contracts, and mortgage have been made
the point of discussion.
(iii) Penal Matters:
Regarding Penal matters there have been laid down in Quran some 30 injunctions: In these
injunctions punishment for theft, zina, qazaf have been provided
(iv) Judicial Matters:
Regarding judicial matters, there have been laid down in Quran Some 13 injunctions) In these
injunctions rules as to giving evidence and taking oath have been laid down.
(v) Constitutional Matters:
Regarding Constitutional matters' there have been laid down
in Quran some 25 injunctions In these injunctions. Relationship of individual and state, rights
and liabilities of both individual and state and other Constitutional laws have been discussed.
(vi) International Matters:
Regarding International matters, there have been laid down in Quran
some 25 injunctions, which throw light on relation of
Islamic State with non-Islamic State, principle of making treaties
with other States, and principle of war and peace.
6.CONCLUSION:
To conclude i can say that Quran is not only complete code of life but also a
primary source of Islamic Law. It is the basis of legal knowledge and its provisions constitute a
perspicuous declaration in all matters, spiritual and temporal, which men are under obligation to
observe. It is also an exhausitive Code of divine orders and guides those who believe in the
unseen, the Almighty. In other words Holy Quran enriches the legal knowledge. It commands
a pivtol position in the sources of Islamic Law and affords cohesion and uniformity in the
Islamic legal system.
Advance Studies:-.
IMPORTANCE OF HOLY QURAN AS A SOURCE OF LAW:
The Quran as a source of law is of great importance because of
the reason that it is.
(1) REVEALED BOOK:
This is a revealed book and contained directions and laws revealed by
God. God has revealed so many books and Saheefe on his Prophets
and messengers but they all have been repealed after the revelation of
Quran. Now according to God only Islam is admissible as religion and
law as well. No other religion will be accepted other than this.
(ID) ORDER OF GOD:
Allah has ordered to make Quran as source of law. God says:- "So
(Prophet p.b.u.h.) judge among them by what Allah has revealed Al
Maidah: 48)The Holy Prophet (p.b.u.h.) had also take guidance in each
and every matter from Quran.
(1) Example When Holy Prophet (p.b.u.h.) has appointed Mauz as a
governor of Yemen, he asked Mauz, how will you decide the matters of
people then his answer was that he will take guidance from Quran.
(III) COMPLETE CODE OF LIFE:
The Holy Quran is a complete code of life covering each and every
aspect and phase of human life. This book of Allah lays down the best
of rules relating to social life, commerce and economics, marriage and
inheritance, penal laws and international conduct
. (IV) FOUNTAIN HEAD OF KNOWLEDGES:
The Holy Quran is a fountain
head of all the knowledges and fine arts of the world. In it we found so
many, essays on spiritual, social, scientific and linguistic knowledges,
which are of great importance for guidance of men in different
things.In spiritual knowledges, we find the knowledge of oneness of
Allah, attribution of Allah, knowledge of Angel, knowledge of Prophets,
knowledge of hereafter etc. etc. In social knowledge, knowledge of
politics, economics, History and manazra (challenges) are notable. In
scientific knowledges, knowledge of Chemistry, Physics,Botany,
Zoology are included, In linguistic knowledges, knowledge of
Sarf-e-Nav, Maani, Biaan etc. are included.
UNIQUE BOOK:
The Holy Quran is a unique Book There is no other book like his book.
The claim of Quran in this respect is that if Jin-o-Ins are sembled and
make try then it is very difficult for them to do this. In Sura-Al-Baqra
Allah has given the open challenge to the world that if you are in
doubt concerning that which we have sent down. the Quran), then
produce a Surah (chapter) of the like thereof."
BEYOND FROM DOUBT AND UNCERTAINTY:
The verses and injunctions of Quran are beyond from any doubrt and
ذلک الکتاب ال ریب فی )البقرہ -:uncertainty. God says
This is the book (the Quran) whereof there is no doubt" (Al Whereas
the man made laws are not pure from mistakes, and uncertainities.
The Quranic law giver has the knowledge of every thing. Each and
every word revealed by him is full of knowledge and surety.
(VII)BEYOND FROM LIMITATIONS OF REGION: RACE: AND SOCIETY
The Quranic laws are not for any specific period, region, race or
society, but they are for every period, race, region and society.
Universal directions cannot be restrained in a specific Angle. This is a
book of guidance till the day of judgment.
(VIII) OFFER A SOLUTION OF PROBLEMS:
The Holy Quran offers a solution of the most be wildering problems of
man's life on this earth such as the distribution of wealth; the
relationship between individual and society, the question of man's true
status and station in life, the balanced relation between man and
woman; whether man's freedom is unbriddled or he is accountable and
unanswerable for his deeds and all such questions on which
depend in any degree the happiness and advancement of man and
about which the human intellect cannot present a balanced and
satisfactory solution; and which have been a major rather the only
source of human misery and suffering throughout the long history of
mankind. (IX) SWEPT AWAY SUPERSTITIONS:
The Holy Quran swept away all superstitions and the followers of
Islam became lover of knowledge, drinking deep at ever fountain of
learning. This was because the sacred book appealed to reason and
declared man's thirst for knowledge to be insatible.
(X) DUTIES WITH REGARD TO ALLAH:
The Holy Quran also points out what the duties of man are with regard
to Allah, to his fellow beings and to his ownself. It lays stress on the
fact that man has been created to fulfil the wishes of his creator and
lead his individual and collective life in accordance with the
instructions contained in the Holy Book and as taught by
the Holy Prophet (p.b.u.h.).
3.CONCLUSION:
To conclude i can say that Holy Quran is the first source of law in point
of time no less than in point of importance. It lays down the basic law
and Muslim are enjoined to decide all dispute in accordance with the
law as laid therein. We may quote a verse of Holy Quran on the point
We have sent down to you the Book in truth, so that you may judge
between men according to law as laid down by God."
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