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- Define custom and discuss its importance in Islamic lawQuranQ. Write a detailed note on Quran primary source of law. (2002, 2003)
Q. Write a detailed note on Quran as primary source of Islamic law. (2003/S)
The Holy Quran is the name of book consisting of those direct revelations which were made to the Holy Prophet Hazrat 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.
Quran is derived from the Arabic word Quran’ a which means “To dead”.
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 Quran
Holy 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 Quran
There 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 law
The 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 Quran
The 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 portion
First portion deals with religion and its duties e. g. belief in one Allah, day of judgement etc.
(ii) Second portion
Second portion deals with Quranic ethics.
(iii) Third portion
Third 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 Quran
Two main categories of Hukm have been classified by the Muslim jurists.
(i) Hukm Taklifi
(ii) Hukm Wadi
(i) Hukm Taklifi
The aim of the hukm Taqlifi is to create an obligation for the commission or omission of an act.
(ii) Hukm Wadi
The 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 reveled
Most 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 verses
Verses which repeal or abrogate objectionable customs like usury gambling and unlimited polygamy.
(ii) Verses affecting social reforms
Verses 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 rights
Verses providing protection for the rights of minors and other persons under disability.
(iv) Penal verses
Verses providing principal f punishment for the purpose of securing place and order.
(v) Legal verses
These are the verses providing constitutional and administrative matters.
These verses principally occur in the madni Surahs.
(VI) Nature of laws lays down
The 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 Pakistan
Pakistan 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 Quran
In the west constitutional law is called the supreme law of the land. In Islamic jurisprudence Quran is the constitutional law. It has all those features which a modern constitution have. The Quran provides all norms and principal for statehood.
To 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.
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