Islamic Jurisprudence

  • View

  • Download

Embed Size (px)


Islamic Jurispridence notes by ali gar collge rahimyar khan

Text of Islamic Jurisprudence

Quran1. Introduction:The Holy Quran is the name of book consisting of those direct revelations which were made to the Holy ProphetHazrat 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 QuranHoly 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)4. Attributes of the holy QuranThere are 55 alternative names or attributes of the holy Quran e. g Al-Kitab, Al-Furqan, Al-Noor etc.5. Quran as a source of lawThe holy Quran is a complete code of creed and morals as well as of the laws based thereupon. The Quran seeks to guide man in all walks of life spiritual temporal, individual and collective Quran says.And we have revealed the scripture unto the only that thou may explain unto them that wherein they differ, and (as) a guidance and a mercy for a people who believe. (16: 64)There are the limits of Allah (hadud Allah) so do not near them. (2: 187)(I) Divisions of verses of holy QuranThe 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 portionFirst portion deals with religion and its duties e. g. belief in one Allah, day of judgement etc.(ii) Second portionSecond portion deals with Quranic ethics.(iii) Third portionThird portion is related with Muamalat. It regulates the relationship of individuals among themselves, with states etc. it deals with sales and purchase, lease and mortgages, evidence, torts and contracts etc.(II) Ahkam in the holy QuranTwo main categories of Hukm have been classified by the Muslim jurists.(i) Hukm Taklifi(ii) Hukm Wadi(i) Hukm TaklifiThe aim of the hukm Taqlifi is to create an obligation for the commission or omission of an act.(ii) Hukm WadiThe 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) Category of laws reveledMost 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 versesVerses which repeal or abrogate objectionable customs like usury gambling and unlimited polygamy.(ii) Verses affecting social reformsVerses 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 rightsVerses providing protection for the rights of minors and other persons under disability.(iv) Penal versesVerses providing principal f punishment for the purpose of securing place and order.(v) Legal versesThese are the verses providing constitutional and administrative matters.These verses principally occur in the madni Surahs.(VI) Nature of laws lays downThe Holy Quran is a code of conduct laying down the fundamental principles and not the detailed provisions so in case of ambiguity reference should be made to the Sunnah.6. Position in PakistanPakistan 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.7. Constitutional status of QuranIn the west constitutional law is called the supreme law of the land. In Islamic jurisprudence Quran is theconstitutional law. It has all those features which a modern constitution have. The Quran provides all norms and principal for statehood.8. ConclusionTo conclude, I can say, that the holy Quran is the first primary source of Islamic law. All other sources derive their validity from the holy Quran which is in the direct words of Allah almighty who is complete sovereign over the entire universe, but it is to be noted that it is not a book of law. It is a book of guidance for the mankind, so it does not contain a detailed corpus of legislation.

Sunnah & Hadis1. IntroductionSunnah 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 (I) Literal meaningThe word Sunnah stands for the Well know path or Well-trodden path. Which is followed again and again.(II) Technical meaningWhat was transmitted from the messenger of Allah (Peace Be Upon Him) of his words, acts and (trcit) approvals.3. Kinds of SunnahFollowing are the kinds of Sunnah.(i) According to its nature(ii) According to its written record(I) According to its natureAccording to its nature, Sunnah is of following types.(i) Sunnah al QawliahIt 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 FiliyahIt 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 TaqririyahIt is defined as the commission of certain acts, by word or deed. If something was done in a particular way andProphet (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 recodeSunnah may also be classified according to its entire written record, that is Ahadith.(A) Division of AhadithWith respect to its narration, Ahadith are divided into two types.(i) Hadith Muttasil(ii) Hadith Mursal(i) Hadith MuttasilThe 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 MuttasilFollowing are the types of hadith Muttasil(a) Hadith MutawatirIt 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 LafziWhen 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 MashhurThe 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 AhadThe 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 MursalHadith 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.4. Sunnah as a source of lawAllah almighty has delegated legislative powers to the Holy Prophet (Peace Be Upon Him). The Quran from time and again makes the prophetic Sunnah as obligatory on the Muslims the reason why Sunnah is treated as a source of law is based on the argument that Sunnah of Holy Prophet (Peace Be Upon Him) was also revealed on him.And came to you from God the light (Prophet) and the book. (Surah Al-Maida 15)And remember what is read in your houses out of the Quran and the Hikma (sunhah). (surah-Al-Ahzaab 34)(I) Derivation of the authority of SunnahThe authority of the Sunah as a source of law is derived from the Quran. Following Quranic verses throws light on the importance of Sunnah.If ye differ in anything among yourselves, refer it to the Allah and his Prophet (Peace Be Upon Him) (Surah Al-Nisa 59)And he does not speak of his own desire all is revealed on him. (Sura Al-Nahal)He who obyes the Prophet (Peace Be Upon Him) obeys Allah. (Surah Al Nisa : 80)(II) Legislative function of SunnahSunnah is the second primary source of law. The jurists must recourse to the Quran first for the search of the Hukm and should not move to the Sunnah unless the Search in the Quran has been completed. More often than not, it is not possible for the jurist to understand the meaning of the text of the Quran for the derivation of the Ahkams, unle