QURAN AS PRIMARY SOURCE OF ISLAMIC LAW - LEAP Pakistan

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QURAN AS PRIMARY SOURCE OF ISLAMIC LAWAmna Iqbal

Amna IqbalPakistan College of LawQURAN AS PRIMARY SOURCE OF ISLAMIC LAWMEANING OF QURAN:Al quran , Al kitab are used in the same meaningsAl bazdawi: “book revealed to the messenger of Allah, Mohammad (PBUH)”Some jurist add “revealed in Arabic”Quran is the revealed & miraculous speech of Allah AlmightySome other say revealed to Hazrat Muhammad (PBUH) just to exclude other revealed books:1- Taurah2- Evangel3- ZaboorSome insist “recited text”Holy Quran transmitted to us by way of tawatur which means transmitted to us by both:a) In written text formb) Mannerized formIjaz of the Quran (inability of human being to imitate or bring about similar to quran) Quran in the sources of legislation as revealed in many versesVerses revealed at Macca & MadinaLaws:Inheritance, marriage, divorce, war & peace, ties regulating the relations, moral teachings, punishmentsfor offences, laws of maintenance.LITERAL MEANING OF QURAN:i-“Qara’a” to collect or to complieHoly Quran “it is for us to collect & testify” (75:17)ii-“qar’ana” (union & conjunction)Holy Quran “this is the book, it is guidance sure, without doubt” (2:2)iii-“qira’athum’ to read & reciteiv-“qira’in” plural of “qarina” (evidence, argument, symbol)1

Amna IqbalPakistan College of LawREVELATION OF QURAN:Quran did not revealed all at once rather transmitted by way of tawatur, revealed in stages and inaccordance with problems faced by the muslims. It has detailed and well documented history.Wisdom of revelation in stages: The memorization of Quran by companionsa- “It is the Quran which we have didvided into parts from time to time in order thou mightiestrecite it to men at intervals: we hence revealed it by stages.” [17:106]b- Implementation of laws at abrogation Example: prohibition of khamrVERSES OF QURAN:A- Muhkamat (explicit commands)B- Mutshabehat (non- explicit command)CLASSIFICATION OF QURAN:IIIIII-Science of theologyEthical principlesRules of human conductKINDS OF RULLING:iiiiiiivv-Obligatory (namaz)Recommended (help to needy)Prohibited (zina)PermittedDisliked (Non marriage is not haram, but disliked in Islam)QURAN AS A PRIMARY SOURCE OF ISLAMIC LAW:1-STATE AFFAIRS: Sovereignty:“Sovereignty is for none but Allah Almighty alone.” [Al Quran] Code of laws in an Islamic state:“Follow only that what has been revealed to you by your Allah Almighty.” [Surah AlAraf]2

Amna IqbalPakistan College of Law Entire ummah shall take part in Government:“you are the ummah raised for the good of all mankind your responsibility is to enjoinright and to forbid the wrong.” [Al Quran] System based on consultation:“All affairs shall be settled by mutual consultation.” [Surrah Al-Shurrah]2-GOVERNMENT AGENCIES:In each and every affair they shall have to ensure that they do not take any decision against the Quran &sunnah.3-JUSTICE:According to the words of Allah:“During the course of justice do no make any distinction between your relatives or between yourpeople and those of other factions neither the status of rich and your personal benefits effect yourjudgement. The judgement must be based on truth even if it goes against you or yourself”.[Al Quran]“whenever you decide the disputive matters of the people always do it with justice.”4-GENERAL INSTRUCTIONS FOR FAMILY LIFE:i- Nikkah:What should be the proper age of nikkah it is discussed in Quran.Mutual consent of both the parties is one of the essentrial ingredients for marriage.“A marriage is void, if it is contracted with the prohibited relations.” [Surrah Al Bakra]What should be the amount of dower and when dawer is given? It is discussed in verse:236,237of Surrah BakraWhole procedure of divorce is discussed in Surrah Al-Bakra, Talaq and Al- Noor.5-TESTAMENT & INHERITANCE:Injunctions for inheritance are given collectively in two verses of “Surrah Al-Nisa”iii-Who are quranic sharers?What is their specific shares?In Surrah Al- Maida testament matters are discussed:3

Amna IqbalPakistan College of Law“When death approaches you, and you are leaving behind your personal property make atestamentary will for your perenges and other close to you.”6-INJUNCTIONS FOR SOCIAL LIFE:Quran laid down some principles for social living which are as follows:iiiiii-Moderation in expensesEat, drink but do not wasteDo not shun the words that are deceitful and showy7-PROTECTION OF LIFE:The believers are ordained not to kill one another:“If they killed the single person it would be taken to destroy the whole mankind, and if they saved alife of single person it would be as if they saved the whole life of mankind.”[Al-Quran]8-BASIC HUMAN RIGHTS:“Every human child is equally worthy of respect thus on account of ones genesis.”9-CRIMES & THEIR PUNISHMENTS:Quran specify the crimes and also describes the punishments for them which are as follows:iiiiiiivv-For zina 100 stripesFor Qazaf 80 stripesFor haraba & saraka cutting of handsFor apostasy, murder end their livesFor drinking 80 lashesFINAL ANANLYSIS:Quran comments on realities. There is solution of every problem in Quran. Quran is a universal law noone can make change in Quran because Allah is the guardian of Quran.“In reality we made this Qur’-an very easy for taking guidance . it does not contain any disputivematters.”[Al-Quran]Prepared By: Ms. Amna iqbal4

Amna IqbalPakistan College of Law5

Quran comments on realities. There is solution of every problem in Quran. Quran is a universal law no one can make change in Quran because Allah is the guardian of Quran. "In reality we made this Qur'-an very easy for taking guidance . it does not contain any disputive matters." [Al-Quran] Prepared By: Ms. Amna iqbal

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