Quran
is the 1st fundamental and the primary source of Islamic law .it is the
word of Allah Almighty which reveled on the Holy Prophet[P.B.U.H] through
Hazrat jabril[A.S].
Quran is the book of complete
guideline which guide to every person about the very aspect of life rather is
social,moral,spirtuial,jurisdication,ritual etc. Due to its broad and vast aspect it is consider
as the valid source of law and as Quran as the direct
word of ALLAH ALMIGHTY so, that is the authencity of it Quran is the primary source of Islamic law and all other sources are derived from Holy Quran.
In general it cover all aspects of
human life and also has contain the solution but if jurist not find them in it then they can search other sources
of Islamic law but initial focus on Holy Quran.
As imam shafi statement that.
“There is no incident
that befalls one of those
who follow the din of Allah without there being evidenced in the book of
Allah providing guidance for it”
That is the authencity and validity of Quran as the
primary source of Islamic law.
2.Meaning & Definition .
Meaning.
The word Quran is derived from Arabic word Qir’at
‘’meaning’’reading or reciting.
Definition
‘’communication which were made by jabril [a.s] under the direction
of ALLAH ALMIGHTY To THE HOLY PROPHET MUHAMMAD
[P.B.U.H] but in the vary words of Allah’’
3. OTHER Definition.
Al-Bazdwi
‘’the Quran is the book revealed to the messenger of Allah Muhammad
[P.B.U.H] which written in the masahif and transmitted to us from him through
an authentic countinous narration without doubt.’’
4.Revelation of the Holy Quran.
· The Holy Quran ,the book of Allah
Almighty revealed on Hazrat
Muhammad [P.B.U.H] by Hazrat Jabril [a.s].
·
The 1st revelation came in form when Hazrat Muhamad [s.a.w] at the age of 40.
·
The 1st five verses of surah alaq reveled which as follow.
‘’read in the name of lord who create the man
from a clot.read! and it is the lord the most
bountiful.who teach the men by pen and teach
the men that which he not knew.’’
·
The revelation of Holy Quran took place over the period of 23 years.
·
Revelation in the form of inspiration,behind
the curtain and through the angel.
·
The period of the revelation of Quran can be
divded into two parts.
· Makkah’’duration’’13 years
· Madinah’’duration’’10 years
· After revelation it is compiled into three periods .Holy Prophet [P.B.U.H],Hazrat Abu bakr,Hazrat Usman’’
5. Attributes of the Holy Quran
There are 55 alternative names or attributes of the Holy Quran.like.
1.
Al.kitab
2.
Al.furqan
3.
Al.noor
4.
Al. mobeen
5. Al.hadith
6. Quran AS the SOURCE of law
Quran is the Valid source
of Islamic law because it the book of guideline for all people without any
difference of the religion,social status,creed,colour it guide the human about
the every aspect of life rather is social ,political,moral, jurisdiction etc.
As the Quran verses
1.
‘’o you who believe,obey Allah and obey the
Messenger,and those charged with authority among you.if you differ in any thing
among yourselves refer it to allah and his messenger’’
Al.nisa [4.59]
2.
‘’these are the limits of Allah.so,do not go
near them’’
These veres confirm the validity of quran as the source of law.
A. Division of verses of Holy Quran
·
The HOLY Quran
is divided into 30 sections called ajza or paras
· Paras contain
114 chapters called
surrah
· Surrah consist
of 6666 verses
· Theses verses divided into three sections
1)First portion
This portion deals with such kind of affairs which relevant to religion and duties such as ,belief In one Allah,day of judgement etc.
2) Second portion
This portion deals with such kind of affairs which relevant to quranic ethics.eg,resolve the matter of dispute among parties,maintaine peace etc
3)Third portion
This
portion deals with such kind of affairs
which relevant to the daily life affairs of mankind[muamalat].means the
relationship of individual to the other individual and state etc.
Eg. Matters of sales and purchase,lease and mortgages,evidence,torts and contracts etc.
B. Ahkam in the Holy Quran According to jurist there are two types of
‘’hukum’’are classified in Quran.
1. Hukum taklifi
The aim of the hukum taqlifi is to
create an obligation for the commission or the omission
of the act.
2. Hukum wadi.
The aim of hukum wadi is to explain the relationship that exist among the two rules or provide the criteria for judging that is the performing act is valid or not.
C. category of law revealed.
Various verses of Holy Quran which have relating
to the rule of law with refrence to the cases are reveled during the
life time of Holy Prophet[P.B.U.H] and these are categorized in different
reforms.
1.
Abrogating verses.
Abrogating verses are those which abrogate,dismiss the those objectionable
customs which are valid at the time of jhaliyan /dark ages when the islam not
come .eg,verses about the gambling,unlimited polygamy,drinking wine and
fornication etc.
As the Quran verse.
“Satan's plan is to excite enmity
and hatred between you, with
intoxicants and gambling, and hinder you from the remembrance of Allah, and
from
prayer. Will you not then abstain?” (Quran 5:91).
2.
Verses affecting the social reforms
Include such kind of verses which
provide detail about the social
matters and the solution of regaring
that’s kind of issue.eg,raising the legal status of women,setting
the question of succession and inheritance on equitable basis.
As the Quran verse.
‘’Allah commands
you regarding your children.
For the male a share equivalent to that of two females. " [Quran 4:11]
3.
Verses providing rights.
Include
such kind of verses which provide protection
to the rights of minors
and disable person.
As the quran verse.
‘Allah does not forbid you to deal with those who have not fought against you in religion, and have not driven you from your homes, with benevolence, or to show them justice. surely Allah loves those who are just.’(Surat-al-Mumtahinah (60), ayah 8)
‘O mankind. We have created you male and female, and have made you nations and tribes that you may know one another.’(Surat-al-Hujuraat (49), ayah 13)
4.
penal verses
Include such kind of verses which
contain detail about
punishment if someone violate laws to maintene peace and order.
As the Quran verse
“The fornicatress and the fornicator, scourge
you each one of them (with) a hundred stripes...”
5.
legal verses
include such kind of verses which
provide detail about the constitutional and admisnistrative matters. These verses principally occur
in the madni surahs.
As the Quran verse
’Allah
commands you regarding
your children. For the male a
share equivalent to that of two females. " [Quran 4:11]
D.
Nature of laws lays down
The
nature of content
of Quran is authentic and valid
but it provide the fundamental principles and define basic but the detail of
aspects which describe in Quran Is detail is present in sunnah,
Eg.
Islam focus on the topic of namaz
but its detail
is gatherd from sunnah means how much rakats and nafals and how a person
should perform it.
importance of Quran as the source
of law.
1. it provide
guideline about the every aspect of life.
2.
it
help in legislation
3. it help in judgement
and dealing of cases
7.
mode
of interpretation of QURAN.
As the content of quran is about the
basic/fundamental principle so if anything is not clear in it and not have detal it guidline is gathered
from sunnah so sunnah is the valid source of interpretation of Quran.
8. position in Pakistan
As Pakistan is the Islamic
state so all laws are made
to run our state are formed under the guideline of islam indirectly by in the
light of quran and sunnah.
As article 227 of constitution of Pakistan deals with
this matter that all laws are made for country must be Islamic in nature.
9.
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 principles for statehood.
10. conclusion
After all of these we can conclude
that Quran is the divine source of law because Allah consent is included in
this holy book ahkam and transfer to us through the holy passage
of Holy Prophet [P.B.U.H] by Hazrat
Jabril [A.s] as this book has the complete guidline for about all the
field of life rather is political,social,economic ,legal so now is the duty of mujtahid to used his efforts of
reasoning and derive the law in the light of Quran for the benefits of humanity.
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