Give an account of how the Qur’an was compiled in

the years following the Prophet’s death? [10]

Ans   The Holy Prophet could not read or write. When

revelations came to him by Hazrat Jibrail, the scribes were
said to write them down on bones of animals, barks of
trees, pieces of pottery or any other things they could find.
The Quran was completely written and arranged in
sequence by the Holy Prophet’s (saw) death, but it was
scattered in different pieces. During the caliphate of Abu
Bakr, at least seventy of the memorizers of the Qur’an lost
their lives in the Battle of Yamama. After that incident,
Hazrat Umar suggested to Hazrat Abu Bakr to make a
written collection of the Quran in order to preserve it.
Hazrat Abu Bakr did not want to do this, because the
Prophet had not done it. But Hazrat Umar persuaded him
and ultimately he asked Zayd bin Thabit, the Prophet’s
(saw) secretary, to do the work. Zayd worked very hard
between 11 and 14 AH. Although he himself was a hafiz of
the Quran, he always tried to find a written verse before
adding it to his manuscript in order to check and ensure
authenticity of the verse. Finally a collection of the Holy
Quran was made into a single volume. It remained under
the first caliph, then transferred to the second caliph,
Hazrat Umar, and after his death, Hazrat Hafsa took it
under her custody. The copy of Quran under Hazrat Hafsa
came to be known as Mashaf al-Hafsa.
   During the Khilafat of Hazrat Umar, the Muslim Empire
was extended a lot. New converts to Islam in countries like
Syria and Iraq recited the Quran in different ways. This
disturbed Hazrat Anas (RA) who went to Hazrat Uthman
and requested him to take immediate action against this
otherwise it might create a rift in the Muslims. Hazrat
Uthman nominated Zayd bin Thabit along with three other
companions to make copies of the Quran in Quraishi
dialect from the original text, because the Quran was
revealed in that dialect. After preparing copies of the
Quran, they were read loudly in the Prophet’s mosque so
that no confusion may arise in the minds regarding
alteration. The copies were finally sent to different parts of
the empire with the instructions that future copies would
be made from the official text only. All remaining variations
were destroyed through fire so that no misunderstanding
may arise in the future. As a result only one authentic text
has remained in use to this day.
Describe the 4 main sources of the legal thinking in Islam? [10]

Answer: The divine revelation (the Holy Quran) is the first basic primary source in Islamic law. It is the
most authentic, comprehensive book contains laws of all spheres regarding to Islam. In the holy Quran
Allah says “This is the book in it is guidance without doubt to those who fear” (2:2) it is the direct word
of Allah hence its purity is doubtless. It’s clear teachings in Islamic legal thinking are followed without
questions as Quran exist in its original form as Allah says in the Holy Quran “We have without doubt
revealed the reminder and we will guard it” (15:9) The Holy Quran is a primary source containing all the
fundamental directives and instructions of Allah including the principals relating to all the aspects of
social and cultural life of human being individually and in whole community. The Quran is the last and
complete edition of divine guidance and this is the only book of Allah which is not been distorted.

The second primary source of legal thinking in Islam is Sunnah. It comes next to the Quran. Sunnah
literally means the sayings and actions of Prophet (S.A.W) or approval of actions of others by him.
Sunnah is used when teachings of the Quran is not in the detail form but is summarized or when Quran
is silent. Than the legislation may solely be derived from the Sunnah as Allah says in the Holy Quran “Nor
does he speak of his own desire and he follows whatever been inspired to him and revealed to him” (Al-
Najum). For example Muslims are commanded to pray Salat and pay Zakat but it is not mentioned in the
 Holy Quran that how to pry and how much to offer Zakat, it’s the Sunnah of the Prophet (S.A.W) that
gave a clear description of such laws pertaining to Zakat and Prayer as Holy Prophet (S.A.W) himself said
“Pray as you see me offering prayers” (Sahih Bukhari).

Ijma is the third source of Islamic legal thinking. In the terminology of religion Ijma means consensus of
the companions of the Prophet (S.A.W) or Muslim jurists of a particular age, on a question of law. The
Holy Prophet (S.A.W) said “Gather together the righteous from among my community and decide the
matter with their council and do not decide it by any man’s opinion” (Abu Daud). Ijma of the scholars
signifies the importance of the legislation in the Muslim community. Ijma is considered as sufficient
evidence for the implementation of the Islamic law because Prophet (S.A.W) himself said “My
community will not agree unanimously on an error” (Tirmizi). The best example of Ijma is that when
Holy Prophet (S.A.W) consulted his companions about matters that were not concerned with religion
like Ijma for the battle of Uhad, because Allah commanded him to do that. “Take council with them in
the conduct of affairs.” (3:139).

Qiyas is the fourth source of Islamic legal thinking. Qiyas is an analogical deduction from the above three
sources of law. It basically resorted in respect of problems about which there is no specific provision in
the Holy Quran or Sunnah of the Holy Prophet (S.A.W). In case when something needs a legal ruling but
has not been clearly addressed in other Islamic sources, judges may use (Islamic Scholars) analogy,
reasoning and legal precedent to decide new case when a general principal can be applied to new
situation e.g. the scholars have developed detailed principals of analogical deduction or Qiyas in the
book of Islamic laws. The Prophet (S.A.W) reported to have encouraged Qiyas in his lifetime. When Holy
Prophet (S.A.W) was sending Mauz bin Jabal (R.A) as the governor of Syria/Yemen. The Holy Prophet
(S.A.W) asked him “How will you decide when a matter comes to you for decision?” He replied “I shall
decide according to the book of Allah.” The Prophet (S.A.W) again said that “If you did not find it in the
book of Allah?” Mauz (R.A) replied “Than I will decide according to the Sunnah of the Prophet (S.A.W).”
If you find nothing in there? Holy Prophet (S.A.W) asked. Hazrat Mauz (R.A) replied “Than I will exert
myself for my own judgment.” (Tirmizi & Abu Daud)

1.Use of the Qur’an, Sunnah, Ijma and Qiyas in Legal

Thinking:
QURAN:
 Quran is the first source of Islamic law. 
 It is a primary source which is independent of all sources. 
 Quran in the divine, eternal and complete word of Allah which is a
source of guidance for all Muslims. 
 It contains a divine code of conduct for all Muslims which contains
teachings for Muslims on how to lead lives. 
 From the Quranic point of view, sovereignty belongs to Allah and
therefore, the law formulated by Him in the form of the Quran is the
fundamental law according to which He wants a Muslim to live both in his
private and social life. 
 It provides for him the knowledge of right and wrong, of the difference
between the straight path and that which leads him astray. 
 The Quranic law deals with beliefs, morality, worship, civil transactions,
punishment for intentional injury to the human body, property and honor
etcetera. 
 Quoted below, are several injunctions of the Quran which set as
guidance for individuals:
 “Come not nigh to the orphan’s property except to improve it”.
This verse explicitly speaks on the importance of how to treat an
orphan’s property.
 In matters of inheritance, the Quran lays down regulations for a just
distribution of wealth left behind a deceased person. 
 Theft is prohibited and punishment is laid down. Drinking wine, games
of chance and charging interest are prohibited without a penalty being fixed. 
 There are laws concerning false accusations, blood money and
retaliation: “we ordained therein for them; life for life, eye for eye, nose
for nose, ear for ear, tooth for tooth and wounds equal foe equal…”
 The Quranic law is perpetual and everlasting. 
 It does not change with the passage of time. 
 It is complete and final because no aspect of human life has been left
without guidance and nothing more is needed to supplement all that is
provided by it.

  Sunnah:
 Sunnah of the prophet is the 2nd source of Islamic law. 
 It comes right next to Quran. Sunnah literally means the sayings,
actions or silent approvals of the Prophet.  
 Sunnah of the Prophet is not only an elaboration of the meaning of
Quran, but also addresses issues upon which Quran is silent. 
 Therefore, Sunnah describes a verse of the Quran. 
 \Whereas, in the second position, if there is no mention of the
commandments in Quran, Sunnah will stand on its own force as the sole basis
for law. 
  As the Muslim community grew, need was felt to supplement the Quran
with Sunnah. 
 Public law, criminal law, property and family law all were elaborated with
the help of Sunnah. 
 The Quran itself mentions the need to resort to Sunnah in particular
methods by saying: “we have sent the admonition to you (O Muhammad),
so that you should make plain and explain to the people the teachings of
the book which has been sent for them”.
 Mentioned below are a few examples to explain how the Sunnah is
used as a source of Islamic law.
 The Quran says: “establish regular prayer”. 
 However, it does not mention the exact method of praying. This void
was filled by the Prophet who taught his companions how to pray and even
said “pray as you see me praying”.
 Zakat has been made compulsory in the Quran by saying:“be
steadfast in prayers and give charity”. However, it is Sunnah which defines
the exact limits of zakat. “no charity tax is due on property mounting to
less than 5 uqiya, and no charity tax is due on fewer than 5 camels and
no charity tax is due on less than 5 wasq.

IJMA:
      

     Ijma is the third and secondary source of Islamic law. Its literal meaning is
unanimous agreement. Ijma, is basically a consensus of legal experts over a
question regarding Islamic law on which the Quran and Sunnah are silent

     However, it must be noted that to perform Ijma, the legal experts must have
complete knowledge of Quran and Sunnah because Ijma of modern experts
cannot go against the teachings of Quran and Sunnah. The scholars should
also have in depth knowledge of the previously performed Ijmas and also of
the new problem under consideration.

    // Now, I can understand that some of you must be wondering that since the
primary sources of Islamic law are perfect, why need of Ijma. In this regard it
is important to understand that though the Quran and Sunnah are
undoubtedly flawless, however there is no harm at all in extending those very
teachings to apply them to problems which the Muslim Ummah faces today.
And this, by no means implies defying or contradicting Quran and Sunnah. //
   In fact the Quran itself approve of the Ijma at several instances. 
    It says: “O you who believe, obey Allah, and Obey His messenger and
those charged with duty amongst you”

   Here those charged with duty refers to Islamic scholars, thus proving that their
consensus is a valuable source of Islamic law.

   To further clear your understanding, let me quote some examples of previously
performed Ijmas:

● During Hazrat Umar’s Caliphate, it was felt that the Muslims had difficulty
gathering for the Friday prayer on just one azaan and so it was decided
by the experts to have 2 calls for prayer on Fridays.

●  The Tarawwih prayer is prayed throughout Ramadan after Isha in which

the whole Quran is recited. This was the Ijma of the companions of the
Prophet during the time of Hazrat Umar’s Caliphate, to perform 20 rakats
of this prayer and this is practiced even today.

      QIYAS:
Qiyas is actually a legal method of deducing one principle from another by
comparing them together. However, please bear in mind that Qiyas can 
    only be performed of both the Quran and Sunnah are silent on a particular
issue and even no Ijma has been performed. Therefore, the purpose of 
     Qiyas is primarily to facilitate Muslims to fashion their lives according to Islam
in the modern world. Like Ijma, Qiyas too, finds its approval in the primary
sources of Islamic law.

   The Quran says: “marry women of your choice, two or three of four; but if you
fear you shall not be able to do justice then only one”
   
   Here the second clause (but if you fear…) allows for humans to apply their own
reasoning and chose for what suits them best, but within the limits defined by
Quran. In fact, this is in essence, the true meaning of Qiyas.
    
   Similarly, the Sunnah also approves of the Qiyas in the following incident:
  
    When the Holy Prophet sent Muadh Ibn Jabal as governor of Yemen, he
asked him: “How will you reach a judgment when a question arises?” Muadh
replied: “according to the word of Allah.” “And if you find nothing therein?” He
 then replied: “Then according to Sunnah of the messenger of Allah.” The
Prophet again questioned: “And if you find nothing therein?” On this, Muadh
said: “Then I shall take the decision according to my opinion” The Prophet
was extremely pleased at his response and remarked: “Praise be to Allah who
has led his messenger to a solution that pleases him”
     This anecdote illustrates that the Prophet appreciated the use of one’s
analogical deduction – Qiyas – to deliberate on issues not explained in the
Primary sources of Islamic Law.

    Qiyas can be divided into 4 portions:

1.     Asl: the actual injunction in Quran or Sunnah
2.     Illa: reasoning behind the injunction
3.     Hukm: the new deduction made
4.      Far: the link between the injunction and deduction