SLIDES file # 2

Course No: ISL 110Course Title: Islamic CultureInstructor: Mr. Taher Shah HussainChapter 1 : Sources of Islamic Legislation

SOURCES OF ISLAMIC LAW

QUR’AAN

AL-IJMAHAl-Ijtihad SUNNAH

QIYAS

Al-Istihsan Al-Masalih al-Mursala

Sadd al-Dharai Al-Urf

Al-Istishab Sharu min Qablana

Qawl al-Sahabi

4 schools of

Sunni Jurispr-udence

ISLAMIC LAW (SHARIAH) Means Straight Path Code of Law for Islamic Way of Life Contains Divine Instructions Covers every sphere of Life Classified as Obligatory

(compulsory), Recommended, Indifferent, Reprehensible, and Forbidden

Outlines What is Quran? The difference between Quran and other religions. Revelation period Purpose of the Quran Why was the Quran written in the prophet’s life time? On what basis did Muslim scholars believe that the

Quran was built?

The Holy Quran History of Quran

What is Quran? The last and complete book

All Muslims believe in it Guide all Muslims into a better and

faithful life.

The difference between Quran and other religions

Revealed to the prophet on different occasions

Other religions example Torah were revealed on a single occasion

A period of twenty two years (Quran)

Revelation period First sura is al-Alaq

In the month of Ramadan ninth month of the Arabic calendar

In Makkah

Purpose of the Quran Guidance and primary teaching for

mankind

Solve a particular question

Deal with the requirements of a particular occasion

General advice for the people

Why was the Quran not written during the prophet’s life time? Interpret obscurities

Elimination of any misconstruction

Deletion or interpolation

On what basis did Muslim scholars believe that the Quran was built?

Relief of mans burden: remission of duties when the person is not able, under special circumstances to fulfill his duties E.g. sick people do not fast in the month of Ramadan.

Gradual legislating

Eliminates bad behaviors from the society such as drinking wine

THE QUR’AAN Muslims believe in all the Heavenly Books The Last and Complete Book In Original Form Widely read Book Has 30 Parts, 114 Chapters, 6666 Verses For Guidance of Humanity Every word is preserved Beyond Time and Space

“Surely, we have revealed this reminder and We verily are its Guardian”

In Living Arabic Language Living Proof of the Existence of Allah Subject Matter is Man and its Goal Our Success in obeying the Qur’aan

The sunna is the way or deeds of Muhammad in Sunni Islam, and the twelve Imams in Shi’a Islam. Muhammad Messenger of Allah lived his life.

No devout Muslim would ever dare to go against the teachings of the Qur'ân and Sunnah, but it is regrettable to note that some of the liberal elite tend to raise the slogan that the Book of God (i.e. the Qur'ân) is enough and that there is no need at all for the Sunnah of the Prophet (P.B.U.H)

Slogans like this are raised mainly by people who want to get rid of the Islamic Law (Arabic: Sharee'ah) completely. The Sunna of the Prophet, upon him be peace and blessings, being every act, saying and confirmation of God’s Messenger, upon him be peace and blessings, is the second source of Islamic legislation after the Qur’an.

The Holy Quran enjoins the Muslims, in many verses, to follow the Sunna, as do numerous authentic Traditions of the Prophet himself.

The Sunna is inseparable from the Quran.

Sunna has been studied almost with the same care as the Quran.

The Various purposes of Sunnah1. The Sunna explains Qur'ânic injunctions in detail. 2. The Sunna can establish a specific meaning when a number of meanings are possible. 3. The sayings of the Prophet Muhammad (Arabic: ahadith) explain some historical events in detail since they are mentioned only briefly in the Qur'ân

The Sunna can specify exemptions from a general injunction.

5. Deduction of a similar injunction in an analogous case.

6. The Prophet, peace be upon him, gave additional injunctions in a number of issues.

4.

1.Confirmatory Sunna 2.Interpretatory Sunna

3.Rule establishing (legislative) Sunna

THE SUNNAH Means path or example Practices of Prophet peace be upon Him Explanation of Qur’aan “We have sent down to you the

message; that you may explain clearly to men what is sent for them”

“He who obeys the messenger, obeys Allah.”

Preservation of Sunnah

Companions memorized the sayings Instruction to Abdullah, “Write

down, for I only speak the truth” Some people didn’t write with fear

of mixing Qur’aan and Sunnah Omar Bin Abdul Aziz ordered to

write Ahadith

Collection of Ahadith Ahadith very carefully collected in 3rd

Century Many Books but six collections the

most authentic.

Sahih Al-Bukhari by Muhammad bin Ismail Sahih Muslim by Muslim Bin Hajjaj Sunan Abu Dawud by Suleiman Bin Ash’ath Sunan Ibn Majah by Muhammad Bin Yazid Jamia At-Tirmidhi by Muhammad Bin Eisa Sunan An-Nasai by Ahmed Bin Shu’ayb

THE AL-IJMAH

Collective Decision of Muslims on new matters

Prophet (peace be upon Him) got suggestions and decided accordingly.

But the decision of the Prophet was taken as final

Regular Al-Ijmah started at the time of Caliphate

The Caliph got suggestions on new matters and made collective decision

Their selection procedure, expansion of mosques, regular defence forces, collection of Qur’aan, Ahadith, Fiqh etc are the examples

It is accepted that Islam has solution of every Problem of every time and place.

How to solve problems in Current Modern Islamic World?

THE QIYAS Means comparing one thing with another

similar thing Used to solve modern problems by finding

something similar in the Qur’aan / Ahadith.

Muslim jurists expanded legal principles.

Qiyas widely discussed as Muslims seek to find answers of different new problems

Qur’aan confirms the necessity of Qiyas:-

“Whenever these people hear any news concerning peace or danger they make it known to all, instead of this,

if they should convey it to the Messenger and to the responsible people of the community.

it would come to the knowledge of such people who among them are capable of shifting it and drawing right conclusions from it”

Hadith confirms the Qiyas:- The Prophet asked him, “O Muadh,

How will you judge when the occasion arises”.

Muadh replied, “I will judge in

accordance with Allah’s Book”.

The Prophet asked, “What will you do if you cannot find guidance in Allah’s Book”.

Muadh answered, “I will act in accordance with Allah’s Messenger’s Sunnah”.

The Prophet asked, “What will you do if you find no guidance in Messenger’s Sunnah”.

Muadh replied, “I will do my best to form an opinion and spare no pains”.