Sources Of Islamic Law 532p3u

Introduction

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Al-Quran

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As-Sunnah

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Conclusion

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Reference

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DISCUSS THE PRIMARY SOURCES OF ISLAMIC LAW INTRODUCTION Various sources of Islamic law are used by Islamic jurisprudence to elucidate the Shariah, the body of Islamic law. The primary sources, accepted universally by all Muslims, are the Qur'an and Sunnah. The Qur'an is the holy scripture of Islam, believed by Muslims to be the direct and unaltered word of Allah. The Sunnah consists of the religious actions and quotations of the Islamic Prophet Muhammad and narrated through his Companions and Shiah Imams. However, some schools of jurisprudence use different methods to judge the source's level of authenticity. Islam has given the most comprehensive legal system to mankind. Islamic law covers all aspects of life. Islam has its own personal, civil, criminal, mercantile, evidence, constitutional and international law. Islamic law has been defined as the body of rules of conduct revealed by Allah (SWT) to His Prophet Muhammad (peace be upon him) whereby the people are directed to lead their life in this world. Islamic law has, therefore, not been given by any ruler. It is given by Allah. Islamic law remains valid whether recognized by the State or not. The basic source of Islamic law is Divine Revelation. This has been given to mankind by the Prophet Muhammad (peace be upon him) in two forms. One is the direct word of Allah (SWT), the Quran and the other is the Sunnah or the teachings of the Prophet (Sm). The Prophet Sm) always acted according to the instructions of Allah (SWT). The Quran is the primary source containing all the fundamental directives and instructions of Allah. The Quran is the last and complete edition of Divine Guidance and this is the only book of Allah which has not been distorted. The Quran is not only a book of law. The main purpose of Quran is to awaken in man the higher consciousness of his relation with Allah and the universe. However, in the Quran there are at least five hundred verses which possess definite legal elements. The scholars of Islam have developed a complete science of interpretation of the Quranic verses which can be seen in any book of Islamic jurisprudence. The Sunnah is the second source of Islamic law. Sunnah is an Arabic word which means "Method". It was applied by the Prophet Muhammad (peace be upon him) as a legal term to represent what he said, did and agreed to. Its authority is derived from the text of the Quran. The Quran says, The Quran and Sunnah are complementary. The meaning of the Quran is general in nature, the Sunnah makes it 1

specific and particular. The Sunnah explains the instructions of the Quran. The Qurani injunction is sometimes implicit, the Sunnah makes it explicit by providing essential ingredients and details. AL QURAN Quran Book containing the speech of God revealed to the Prophet Mohammad. 114 Suras, over 6000 verses of unequal lengths. The revealed over a period of 23 years. About 1/10 of the verses relate to law. During the lifetime of the Prophet, text was preserved in memories and in inscriptions; third Caliph, Uthman, Compiled it in a single volume. The Qur'an is the first and most important source of Islamic law. Believed to be the direct word of God as revealed to Muhammad through angel Gabriel in Mecca and Medina, the scripture specifies the moral, philosophical, social, political and economic basis on which a society should be constructed. The verses revealed in Mecca deal with philosophical and theological issues, whereas those revealed in Medina are concerned with socio-economic laws. The Qur'an was written and preserved during the life of Muhammad, and compiled soon after his death. The primary source of Islamic jurisprudence is the Quran on which all the Muslim schools, Shia and Sunnis are in agreement. This is of divine origin through manifest revelation, the word of God, the other kinds of revelations being the internal, which consists of acts, deeds and time to time of Holy Prophet SAW. The Quran is divided into Surahs viz. chapters and is composed of ayah which are revealed immediately to meet the requirements of times during a space of 23 years of which 13 years were in Mecca and the rest in Medina. The Mecca Surahs were concise and concentrate on the fundamentals doctrines of monotheism, resurrection and retribution. Thus they deal with matters relating to God's Unity, Religion and Observances. The Medinite verses are long and embody most of detailed Islamic legislation concerning matters generally of legal, social and political interest. The Quran was revealed gradually according to the causes of the revelation so as to discard old customs and to substitute new ones. Thus Quran is unquestionably direct revelation of God and is the universally accepted Book of the Muslims.

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Islamic laws as we have now are actually the result (thamara) of the jurists’ interpretation from the source of law (Asl). This is where the distinctive fiqh is taking place. As Bernard Weiss puts it, the Holy Law is not given to man ready-made, to be ively received and applied; rather, it is to be actively constructed on the basis of the sacred texts, which are its acknowledged sources.(12) These texts are Qur’an and Sunnah (Prophetic tradition), with the Qur’an as the first and most primary source in Islam. As the final divine revelation from Allah, Qur’an is the embodiment of the fairest statements and Divine words of wisdom. It provides a code of conduct for every believer and is the commandment and warrant for him.(13) With all the uniqueness and comprehensiveness contained, Qur’an is revealed as the guide for the Muslims. In Chapter AlBaqarah (II): 2, Allah says: “This is the Book (Qur’an), in it is guidance sure, without doubt, to those who fear Allah”.(14) The word “guidance” denotes that Qur’an is revealed with comprehensive contents as to enable Muslim to achieve the ideal life in this world and hereafter. Thus, Qur’an does also serve as the code of conduct in all aspects of human life, be it spiritual, social, political, economic and beyond. By this virtue, legal aspects of Muslim’s life are not an exception. In fact, these Qur’anic legal injunctions are of primary importance as they form the sources of shari’ah. As Do mentioned(15), those legal injunctions (ayat al-ahkam) form the conduct for every Muslim from birth to death. They provide touchstone to distinguish true from false, good from bad, and halal (lawful) and haram (unlawful) in every sphere of life. This is why Qur’an is also called alFurqan. Having considered the important position of Qur’an as the most primary source of Islamic law, and the unique Qur’anic approach in providing the legal injunctions, one may further wonder on what kind of facilities does Qur’an actually provide as the source of law. Given the fact that Qur’an is the sacred divine text, some would argue that Qur’an is the complete guidance in providing the law for Muslims, totally “from birth to death”, that is because Allah as The Creator knows all things good for Muslim’s life. The reason is, of course, true that Allah knows everything. But the conclusion is not necessary the case.

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To subscribe to the view that Qur’an is a legal code will lead one to strictly and solely follow whatever Qur’anic injunction is saying without trying further to elaborate and interpret it. This is not the demand of Islam. Islam demands Muslims to follow Qur’anic guidance as to apply them in different times and places. And this can only be achieved by perceiving Islam as open to juristic interpretation and ijtihad. In responding this issue, a contemporary Muslim writer suggests that even though the Qur’an contains legal injunctions, it is neither a book of jurisprudence, nor a legal code.(29) Perhaps from this understanding one can conveniently accept the way Qur’an treats its legal verses in such “unsystematic” and discrete approach as deeply discussed earlier. It is submitted here that instead of perceiving it as a code of law, Qur’an may more accurately be regarded as the constitution in Islam. That is due to the generality of Qur’anic guidance and its ever-lasting applicability, as well as its capacity to generate more laws and teachings. This proposition is to be discussed in the coming sub-title. As primary source of law Quran has vital importance. It lays down a way of life which regulates the relationship of man with man and his relationship with God. The law of inheritance, marriage, divorce, theft, adultery and provisions of war and peace are meant for regulating the ties of man with the fellow beings. Fundamental laws of Islam are contained in Holy Quran and this is the primary source of law in Islam. This is the first and the great legislative Code of Islam. It is the original, primary, basic and most fundamental source of the Islamic Shariah. It is the last Book of His revelations for entire humanity. Hence, its teachings shall ever remain the fountain of all guidance of all times, ages and people. On points and matters where there is direct mandate of the Holy Quran the same are to be decided and handled in accordance therewith.

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Quran consists of divine revelations and is divided into chapters and verses. It was compiled by Hazrat Abu Bakr, the first Caliph, within two years of the demise of the Holy Prophet and completed in this present form by Hazrat Usman, the third Caliph, ten years later. The arrangement is not the same in which it was revealed but is said to be in accordance with the plan of the Holy Prophet Muhammad (PBUH). The rules of law mostly contained in Surat-ul-Baqara and Surat-Israel. The ordinances contained in the Quran were revealed to settle questions which arose for determination by the prophet and to repeal the objectionable customs like un-forbidden gambling, usury and unlimited polygamy among Arabs and or effecting social reforms like the providing protection to minors and persons suffering from disabilities and to provide punishment of maintaining law and order. Quran is the absolute words of God, and if there is revelations did not cover the facts of every case, the dicta of Holy Prophet, to whom cases were brought for decision, were, therefore, treated as supplementary to the Divine Ordinances ad accorded the same sanctity.

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AS-SUNNAH The Sunnah is the next important source, and is commonly defined as "the traditions and customs of Muhammad" or "the words, actions and silent assertions of him". It includes the everyday sayings and utterances of Muhammad, his acts, his tacit consent, and acknowledgments of statements and activities. According to Shi'ite jurists, the sunnah also includes the words, deeds and acknowledgments of the twelve Imams and Fatimah, Muhammad's daughter, who are believed to be infallible. The word “Sunnah” has a Literal meaning and several Technical meanings. An indiscriminate use of the term leads to confusion therefore, it is necessary that most of the technical meanings be understood. In its literal meaning the word “Sunnah” stands for the “well-known path” or the “well-trodden path” which is followed again and again. This may be the path on which people tread or it may be a practice. It is this sense that the following saying of the Prophet is understood: “He who establishes a good sunnah has its reward of whoever acts upon it till the Day of Judgment, and he who establishes a bad sunnah bears its burden and the burden of whoever acts upon it till the Day of Judgment.” The sunnah of an individual is a practice that he considers binding for himself and that the attempts to protects to and up hold. In its technical sense, the word sunnah is assigned the following meaning “Some jurists apply it to mean recommended acts of worship, while others apply it to supererogatory acts (nawafil)”. The word sunnah as an antonym of bidah (innovation), that is, innovations in matters of religion. In this sense, it is said, “This act is a sunnah” that is, it is legal. The meaning of “legal” is assigned to it irrespective of the legality arising from the Quran or the sunnah. When it is said that such and such act is bidah it means it is not legal according to the Quran and the Sunnah. The term sunnah is used to mean the practice of the companions (Sahabah) irrespective of their relying in it on the Books, the Sunnah, or their own ijtihad. An example is the compilation of the Quran. Finally, it is defined as “what was transmitted from the Messenger of Allah (p.b.u.h) of his words, acts, and (tacit) approvals”. It is in this sense that the jurists use the term sunnah, that is, as the sunnah of the prophet and a source of Islamic laws.

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The Sunnah is the next important source, and is commonly defined as "the traditions and customs of Muhammad" or "the words, actions and silent assertions of him". It includes the everyday sayings and utterances of Muhammad, his acts, his tacit consent, and acknowledgments of statements and activities. According to Shi'ite jurists, the sunnah also includes the words, deeds and acknowledgments of the twelve Imams and Fatimah, Muhammad's daughter, who are believed to be infallible. Justification for using the Sunnah as a source of law can be found in the Qur'an. The Qur'an commands Muslims to follow Muhammad. During his lifetime, Muhammad made it clear that his traditions (along with the Qur'an) should be followed after his death. The overwhelming majority of Muslims consider the sunnah to be essential supplements to and clarifications of the Qur'an. In Islamic jurisprudence, the Qur'an contains many rules for the behavior expected of Muslims but there are no specific Qur'anic rules on many religious and practical matters. Muslims believe that they can look at the way of life, or sunnah, of Muhammad and his companions to discover what to imitate and what to avoid. Much of the sunnah is recorded in the Hadith. Initially, Muhammad had instructed his followers not to write down his acts, so they may not confuse it with the Qur'an. However, he did ask his followers to disseminate his sayings orally. As long as he was alive, any doubtful record could be confirmed as true or false by simply asking him. His death, however, gave rise to confusion over Muhammad's conduct. Thus the Hadith were established. Due to problems of authenticity, the science of Hadith (Arabic: `Ulum al-hadith) is established. It is a method of textual criticism developed by early Muslim scholars in determining the veracity of reports attributed to Muhammad. This is achieved by analyzing the text of the report, the scale of the report's transmission, the routes through which the report was transmitted, and the individual narrators involved in its transmission. On the basis of these criteria, various Hadith classifications developed. To establish the authenticity of a particular Hadith or report, it had to be checked by following the chain of transmission (isnad).

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The Sunnah is the second source of Islamic law. Sunnah is an Arabic word which means "Method". It was applied by the Prophet Muhammad (peace be upon him) as a legal term to represent what he said, did and agreed to. Its authority is derived from the text of the Quran. The Quran says, "For you the life of the Prophet is a model of behaviour" (33:21). Many books of traditions were compiled by the companions of the Prophet (p.b.u.h.). These were later on incorporated in the great collections of Hadith (i.e. traditions) Books of Bukhari, Muslim etc. The collectors of traditions adopted a very scientific system in collecting the Traditions. They did not record any tradition except with the chain of narrators. Every tradition gives the name of the last narrator of the tradition from whom he learnt the tradition and so on back to the Prophet or Companion of the Prophet. The Sunnah, which is established through reliable narrators, is fully dependable as legal element. Justification for using the Sunnah as a source of law can be found in the Qur'an. The Qur'an commands Muslims to follow Muhammad.[9] During his lifetime, Muhammad made it clear that his traditions (along with the Qur'an) should be followed after his death.[10] The overwhelming majority of Muslims consider the sunnah to be essential supplements to and clarifications of the Qur'an.

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CONCLUSION The primary sources of Shariah are Al-Quran and Sunnah. But the main source is Al-Quran. AlQuran comes from Allah and the Prophet Muhammad (s.a.w) is the messenger of Allah who delivered the Al-Quran to us. Al-Qur’an is the miracle of Prophet Muhammad (s.a.w.) It is the proof of the prophethood of Muhammad s.a.w. We have to believe in Al-Quran and Sunnah as they are our main guidance in living our lives. Sunnah is the sayings, deeds and approvals of Prophet Muhammad s.a.w. Sunnah is also referred to as Hadith.

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REFERENCE Sources of Islamic Law. (2011). Wikipedia. Retrieved April 29,

2011,

from http://en.wikipedia.org/wiki/Sources_of_Islamic_law

Abdullah, M. (21, April 2008). Fundamentals of shariah. Retrieved from h t t p : / / w w w . i b b m . o r g . m y/ p d f / F S T E P % 2 0 F u n d a m e n t a l s % 2 0 o f % 2 0 S h a riah-1ST%20DAY.pdf

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