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V In this topic we would like to describe and

explain the position of al-quran in islamic


law
V 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) Qat·i and zanni
V Oiterally:derives from the word qara·a which
is means reading or recitation.

V Technically: book of Allah sent through the


last 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 and
transmitted to us by continuous testimony or
tawattur begins with surah Al-Fatihah and
ends with surah An-Nas.
V The revelation of al-Quran began with the first
verses of surah Al-Alaq and ended with surah Al-
Maidah verse 3
V Al-Quran contains
>114 chapters
>6235 verses comprising of various areas
including in the matter of worldly and
hereafter
V Revealed purely in Arabic ² 23 years
V Entire text of al-quran is contiuonus narration
(mutawattir)
surah Al-Isra· ´ (it is) al Quran which we have
divided (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)
asbabun al-nuzul ² explain the events which are
related to the revelation of its particular passage.
For example:
Surah al-ikhlas; firstly responds to the mushrikun
in Makka before the hijra, and secondly to the ahl
al-kitab encountered in Madina after the hijrah

V Hakm (law) is not limited to the events or


circumstances.

V r a al-Nazul helps to understand the Quran and


its law.
Surah Al-Quran
Makiyyah
(82 surah) (114
Surah
chapters)
Khilaf
(12
surah)

Surah
Madinah
(20)
ï    ï  
  

Sentence down to Muhammad s.a.w. before migration. sentence down to Muhammad s.a.w. after migration.
Time is about 12 years, Time is about 9 years,
5 months and 13 days. 9 months and 9 days.

Theme; tawhid, shirk, day of resurrection, moral Theme; social and legal implications, concerning
corruption, marriage, divorce, inheritance, punishment etc
stories of the Prophets usually theme in makiyyah only touched upon briefly

Almost of the ayat used M M Ayat often longer,


('O Mankind¶) and ('O People¶)

ayat are often short Almost of the ayat used  M


 M
('O ye who believe¶) and
('O people of the book¶)
except surah al hajj

All the ayat that were revealed while the Prophet was Revealed in Madinah or its surrounding area such as
in Mecca, and around area Mina, Arafah, Hudaibiyah Badar, Uhud are classified as Madani

meaningful to Muslims living in a strongly un-Islamic appeal much to Muslims who are in the process of
environment formation of the umma
V Quran consists of manifest revelation (ahy
Zahir) which is direct communication in the
words of Allah

V ahy Batin (non-manifest revelation) - consists


of inspiration and concepts, all the rhadith of
the Prophet (SM)
è Al-Quran and sunnah- contain law for
many cases and also served as the basis
for the extension of the law
è Consensus of legal opinion( ijma·)
contains the law, and it·s provision can be
use for extending the law further though
some would prefer to have recourse to
the basis or the sanad of ijma· for the
new case
è Therefore, some jurist maintain that al-
quran and sunnah are the primary sources
V commanded by Allah (SWT) in urah al-Ni a·
ver e 59 where He ay 
 u h elieve! ey rllah and ey the Me enger and
th e charged with authrity amng yu. If yu differ in
anything amng yur elve  refer it t rllah (Quran) and hi
Me enger (Sunnah) if yu d elieve in rllah and the La t
Day hat i e tand m t uitale fr final determinatinµ.

V another verse Allah SWT says:


hi i the k in which there i n dut (Since it authr
rllah the creatr f the univer e  e e cm lete and
erfect knwledge
there i n rm fr dut aut it cntent)
V Conversation between Prophet Muhammad
with Muaz bin Jabal before leaving for his
appointment as governor of Yemen

V all four of khalifa al-Ra hidin u ed t decide


every i ue y lking fir t into the Book of
Allah and next they would refer a sunnah of
the Prophet.
1) Al-Quran carry some value, namely, the history
Anbiya '(the prophet), the previous
generations.
2) Function of the Qur'an as the main source
Islamic law and it contains:
1. hereafter
2. history of previous generations
3. value
4. answer the questions that arise from people
5. discuss questions of faith
6. talk about the value
7. good news (heavenly blessings and rewards)
and punishment of Allah
r  

Was revealed to the Prophet Was not a verbatim revelation
(pbuh) verbatim
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 Words of the adith udsi are


mira ulous or inimitable not of this nature
(mu'jizah)
e ited in formal pra ers (salah) annot be re ited in pra ers

One is not allo ed to tou h the There is no su h prohibition for


ur'an in the state of Janabah tou hin the books of adith
(post-sexual impurit )
Hadith Qudsi
V "A Hadith Qudsi is a statement where Prophet
Muhammad (pbuh) reports a statement and
he refers it directly to Allah.
V Hadith Qud i, in which the Prophet (SM)
quotes Allah in the Hadith, is also not
equivalent to the Quran
V In fact, this kind of Hadith is also subject to
examination of Isnad (chain of narrators from
the Prophet (pbuh) to the compiler of the
Hadith compilation).
V Prophet (pbuh) did not make any distinction
between Hadith Qudsi and other Hadith.
Hadith Nabawi
V Hadith Nabawi is a hadith where one of the
Companions reports the Prophet's
statements, his deeds, or things that
happened in his presence and he approved of
them.
V Qati & Zanni concepts have been discussed :
- in terms of text &
- in terms of meaning.
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
V Text of the Quran which has been reported in
clear words (rlfaz al-aziha) that has only
one meaning are Qati in terms of meaning
(Dalalah)
V Most of the text of the Quran are Qati in
meaning
V Exa of Zanni in meaning are the words
"anatukum" in Nisa:23
Qati & Zanni have significance

ƒ in the matter of belief [can be determined


only by Qati text with Qati meaning ] &
ƒ in the gradation of rhkam (rules) into
Farz, Wazib, Sunnah, Haram, Makruh, etc.

V Zanni of one verse can be made Qati by


another verse or by definitive Sunnah
V Zanni Sunnah can be elevated to Qati by Qati
Ayat of the Quran or by other corroborative
evidence of Qati Sunnah.
OCT 2009 ² Question 4
c)Explain the differences between primary
and secondary sources of Islamic law (5m)
Question 5
a) Is the Quran a source of law? Support your
answer with relevant examples (6m)
OCT 2007 ² Question 5
d) Describe the concept of a a al-nuzul and
it im licatin in under tanding the
objective of the revelation (5m)
OCT 2006 ² Question 1
c) State 
  
=  =     
  
Provide example for each of the differences
stated (6m)

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