TOPIC 1 :

AL QURAN
 INTRODUCTION

 Definition of Islamic Jurisprudence (Usul

Fiqh) :

 Methodology of deducing Islamic legal rulings.

It serves the correct interpretation &
understanding of the sources & ijtihad (human
reasoning & interpretation).
 Classification of sources of law :

1. Origin of the sources : textual

sources & non textual sources (al
ra’yu)

2. Utilization of the sources :

agreement in utilization & decline in
utilization.
…CONT

 Basis for the sources of Islamic law :

Hadith of Mu’az ibn Jabal :

When the Prophet Muhammad (PM) send Mu’az ibn Jabal to
Yemen (as Judge & Govenor), he asked him on what basis he
would judge if he was confronted with a problem. Mu’az said that
he would judge based on the contents of Al Quran (AQ). The PM
then asked him, “assuming that you do not find it in the AQ, on
what basis would you judge?”.The Mu’az replied,he would judge
based on Sunnah of the PM. The PM also asked him ,”assuming
that you do not find in both the AQ & the Sunnah, on what basis
would you judge?”. Mu’az ibn Jabal replied that he would use his
individual opinion without transgressing the boundry (set by
the AQ and Sunnah).

[Sunan Abu Dawud & Al Tirmizi]

SOURCES OF ISLAMIC LAW

 PRIMARY :

 Al Quran
 Sunnah
 Ijma’ (consensus of opinion)
 Qiyas(Ananlogical deduction)
 SECONDARY

 Fatwa sahabi (Legal opinion of

Companion)
 Maslahah Mursalah (Consideration of
public interest)
 ‘Urf (Custom)
 Istihsan (Equity)
 Istishab (Presumption of continuity)
 Sadd Al Dharaie (Blocking the Means)
 Ijtihad (Personal Reasoning)
AN OVERVIEW & DEFINITION
OF AL QURAN

 Qara’a (to read)

 Reading or recitation
 The book containing the speech of God
revealed to the Prophet Muhammad
PBUH in Arabic & transmitting to us by
continuous testimony
(mutawatir/tawatur).
 Thecontents of the AQ are not classified
subject-wise :

 Eg:the command concerning prayer or solat

appears in the 2nd surah, & it occurs in the
midst of other verse which relate to the subject
of divorce (Chp. 2: 228-238) :

“…and divorced women shall wait (as regards

their marriage) for three menstrual periods
(verse 228)…guard strictly (the obligatory)
prayers (verse 238)..”
*surah =chapter
 In the same surah, we find rules which relates to wine-drinking,
apostacy & war, treatment of the orphans & marriage of
unbelieving women.

 The AQ is an indivisable whole & a guide for belief & action which
must be followed in its entirely.

 The AQ was revealed piecemeal over a period of 23 years in

relation to a particular events :

Chp. 25: 32 “the believers say, why has not the AQ been sent
down to him (Muhammad) at all once. Thus (it is revealed) that
your hearts may be strengthened, & We rehearsed it to you
gradually, & well-arranged.”
Chp. 17: 106 – And [it is] a Qur'an which We have separated [by
intervals] that you might recite it to the people over a prolonged
period. And We have sent it down progressively.
DISTINCTIVE FEATURES OF
THE AL QURAN
 AQ is an actual Word of Allah
 AQ was revealed in Arabic language
 AQ was transmitted with continuous
testament (mutawatir).
 AQ is Allah’s eternal miracle revealed
to the Prophet Muhammad (PBUH) for
all succeeding generations.
 AQ is complete & comprehensive.
GRADUALITY IN THE REVELATION OF
THE AQ

 The AQ was revealed in 2 distinct periods of Prophet’s

mission in Mecca & Madinah respectively.
 Gave opportunity to the believers to retain it in their
memories.
 Renewal of spiritual strength.
 Illiteracy of the Arabs.
 The legislation touched the lives of the ppl.
 Eg: the ban on the consumption of alcohol.
 The ulama are in the agreement to the effect that the
entire text of the AQ is mutawatir, that its authenticity
is proved universally accepted testimony.
THE MECCAN & MEDINAN REVELATION

 3 difference criterias :
1. The time of revelation
2. The place of revelation
3. The nature of the audience
CHARACTERISTICS OF QURANIC
LEGISLATION
 The definitive (qati’e) & the speculative
(zanni)
 Brevity & detail (al ijmal wal tafsil)
 The 5 values (wajib, sunat, harus, makruh,
haram)
 Ratiocination (ta’lil) in the AQ
 Inimitability (I’jaz) of the AQ
 Ocassions of revelation (asbab al nuzul)
 THE LEGAL INJUNCTIONS OF THE AL
QURAN (AYAT AL AHKAM)
 Itis considered as the code of conduct for
every muslims in all sphere of their life.
 In the AQ does not provide detailed rulings on
many issues, only selected issues are
elaborated in details i.e. many general
principles provided by the AQ, which can be
utilized as a guidance to resolve contemporary
issues.
 Eg : (4:103), (2: 183, 188, 182), (24 : 2).
CLASSIFICATIONS OF THE
INJUNCTIONS IN VERSES OF THE AL
QURAN
 Ahkam al mujmal (The concise
injunction)

 Ahkam al mujmal wa al mufassal (The

concise and detail injunctions)

 Ahkam al mufassal (The detailed

injunctions)
 NASKH (ABROGATION IN THE AL
QURAN)

 AQ may prescribe a law suitable to ppl at the

time of its enactment, or it may serve a
particular limited purpose.
 However, its suitability may later disappear or
its unique purpose & objectives may hv been
achieved.
 Numbers of rulings which were abrogated:
Examples of abrogated law:
1. the waiting period of women whose
husband had passed away,
2. Bequest
3. Prohibition to muslims from visiting
the graveyards
4. Qiblah (Direction to face during
prayer)