The Position of Al-Quran in Islamic Law

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    In this topic we would like to describe and

    explain the position of al-quran in islamic

    law

    Here we would details more about:1) differenciation between al-makiyyah and

    al-madaniyyah

    2) factors why qura is the main sources

    compared to hadith qudsi and nabawi

    3) Contains in quran

    4) Qati and zanni

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    Literally: derives from the word qaraa which

    is means reading or recitation.

    Technically: book of Allah sent through thelast prophet, Muhammad (SAW) it contains

    knowledge imparted by Allah and the

    guidance for men who are righteous for all

    the time to come, it comes in Arabic andtransmitted to us by continuous testimony or

    tawattur begins with surah Al-Fatihah and

    ends with surah An-Nas.

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    The revelation of al-Quran began with the firstverses of surah Al-Alaq and ended with surah Al-

    Maidah verse 3 Al-Quran contains

    >114 chapters

    >6235 verses comprising of various areas

    including in the matter of worldly andhereafter

    Revealed purely in Arabic 23 years

    Entire text of al-quran is contiuonus narration

    (mutawattir)surah Al-Isra (it is) al Quran which we havedivided (into parts from time to time), in order

    that you might recite it to men at intervals: we

    have revealed it by stages (17:106)

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    asbabun al-nuzul explain the events which arerelated to the revelation of its particular passage.For example:

    Surah al-ikhlas; firstly responds to the mushrikunin Makka before the hijra, and secondly to the ahl

    al-kitab encountered in Madina after the hijrah

    Hakm (law) is not limited to the events orcircumstances.

    Asbab al-Nazul helps to understand the Quran andits law.

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    SurahMakiyyah

    (82 surah)

    SurahMadinah

    (20)

    SurahKhilaf

    (12surah)

    Al-Quran(114

    chapters)

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    Surah al-makkiyyah Surah al-madaniyyah

    Sentence down to Muhammad s.a.w. before migration.

    Time is about 12 years,

    5 months and 13 days.

    sentence down to Muhammad s.a.w. after migration.

    Time is about 9 years,

    9 months and 9 days.

    Theme; tawhid, shirk, day of resurrection, moral

    corruption,

    stories of the Prophets

    Theme; social and legal implications, concerning

    marriage, divorce, inheritance, punishment etc

    usually theme in makiyyah only touched upon briefly

    Almost of the ayat used ('O Mankind) and ('O People)

    Ayat often longer,

    ayat are often short Almost of the ayat used ('O ye who believe) and

    ('O people of the book)

    except surah al hajj

    All the ayat that were revealed while the Prophet was

    in Mecca, and around area Mina, Arafah, Hudaibiyah

    Revealed in Madinah or its surrounding area such as

    Badar, Uhud are classified as Madani

    meaningful to Muslims living in a strongly un-Islamic

    environment

    appeal much to Muslims who are in the process of

    formation of the umma

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    Quran consists of manifest revelation (Wahy

    Zahir) which is direct communication in the

    words of Allah

    Wahy Batin (non-manifest revelation) - consists

    of inspiration and concepts, all the Ahadith of

    the Prophet (SM)

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    Al-Quran and sunnah- contain law formany cases and also served as the basisfor the extension of the law

    Consensus of legal opinion( ijma)contains the law, and its provision can beuse for extending the law further thoughsome would prefer to have recourse to

    the basis or the sanad of ijma for thenew case

    Therefore, some jurist maintain that al-quran and sunnah are the primary sources

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    commanded by Allah (SWT) in surah al-Nisa

    verse 59 where He says:

    O You Who believe! ObeyAllah andobey the Messenger and

    those charged with authority among you. If you differ inanything among yourselves, refer it to Allah (Quran) and his

    Messenger (Sunnah), if you do believe in Allah and the Last

    Day: That is best,and most suitable for final determination.

    another verse Allah SWT says:

    This is the book in which there is no doubt (Since its author,

    Allah the creator of the universe, possesses complete and

    perfect knowledge,

    there is no room for doubt about its content)

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    Conversation between Prophet Muhammad

    with Muaz bin Jabal before leaving for his

    appointment as governor of Yemen

    all four of khalifa al-Rashidin used to decide

    every issue by looking first into the Book of

    Allah and next they would refer a sunnah of

    the Prophet.

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    1) Al-Quran carry some value, namely, the historyAnbiya '(the prophet), the previousgenerations.

    2) Function of the Qur'an as the main source

    Islamic law and it contains:1. hereafter2. history of previous generations3. value4. answer the questions that arise from people

    5. discuss questions of faith6. talk about the value7. good news (heavenly blessings and rewards)

    and punishment of Allah

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    Al-Quran Hadith

    Was revealed to the Prophet

    (pbuh) verbatim

    Was not a verbatim revelation

    Was revealed via n el Jibreel Inspired b other a s, su h as

    in the form of a dream.

    Words of the ur'an are

    mira ulous or inimitable

    (mu'jizah)

    Words of the adith udsi are

    not of this nature

    e ited in formal pra ers (salah) annot be re ited in pra ers

    One is not allo ed to tou h the

    ur'an in the state of Janabah(post-sexual impurit )

    There is no su h prohibition for

    tou hin the books of adith

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    Hadith Qudsi

    "A Hadith Qudsi is a statement where Prophet

    Muhammad (pbuh) reports a statement and

    he refers it directly to Allah.

    Hadith Qudsi, in which the Prophet (SM)

    quotes Allah in the Hadith, is also notequivalent to the Quran

    In fact, this kind of Hadith is also subject toexamination of Isnad (chain of narrators from

    the Prophet (pbuh) to the compiler of theHadith compilation).

    Prophet (pbuh) did not make any distinctionbetween Hadith Qudsi and other Hadith.

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    Hadith Nabawi

    Hadith Nabawi is a hadith where one of the

    Companions reports the Prophet's

    statements, his deeds, or things thathappened in his presence and he approved of

    them.

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    Qati & Zanni concepts have been discussed :

    - in terms of text &

    - in terms of meaning.

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    Qati text:

    - Entire Quranic text is Qati (definitive)

    - Mutawatir Sunnah or Hadith (at least in

    essence)

    Zanni text:

    - Other Hadith and Ijtihad are Zanni material

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    Qati & Zanni have significance

    in the matter of belief [can be determinedonly by Qati text with Qati meaning ] &

    in the gradation of Ahkam (rules) into

    Farz, Wazib, Sunnah, Haram, Makruh, etc.

    Zanni of one verse can be made Qati by

    another verse or by definitive Sunnah

    Zanni Sunnah can be elevated to Qati by Qati

    Ayat of the Quran or by other corroborative

    evidence of Qati Sunnah.

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    OCT 2009 Question 4

    c)Explain the differences between primaryand secondary sources of Islamic law (5m)

    Question 5

    a) Is the Quran a source of law? Support youranswer with relevant examples (6m)

    OCT 2007 Question 5

    d) Describe the concept of asbab al-nuzul andits implication in understanding the

    objective of the revelation (5m)

    OCT 2006 Question 1

    c) State three (3) differences between theMakki and Madani verses of the Qur'an.

    Provide example for each of the differencesstated (6m)