A PRIMARY SOURCE OF LAW
The Qur'an is
'Allah’s words revealed to Muhammad (PBUH) in Arabic, transmitted to us in continuity, written in the mashaf,
whose recitation is worship, commencing with surat al fatihat and ending with surat al nas. Verses of the Qur’an
were revealed adhoc each associated
with the reason for revelation, sabab al nuzuul. It was memorized and also
written down immediately. Abubakar collected the written records and Othman issued one official version in the Quraishi dialect
that is used all over the world.
is practical, rational, and miraculous. Its 3 themes are ‘aqidat, spiritual refinement, and practical guidance. Legal rulings,
ayat al ahkaam, are a minority of its
more than 6000 verses being distributed munakahaat 70, mu'amalat 70, jinayaat 30, iqtisaad
10 verses, qadha 13 verses, government 10 verses, and international law 25 verses.
The Qur’an is comprehensive and complete but deals with issues in a generic and not specific way. Its verses are muhkamat or mutashabihat. It challenges
the intellect, does not indoctrinate, and gives room for opposing views.
is divided into 114 surats. Each surat starts with the basmalah except surat al baraa. It is divided into 30 juz’us each divided into 2 hizbs.
Rub'u or thumun are subdivisions of the hizb. The Makkan verses, dealing
with aqidat, are short, poetic, and powerful. Madinan verses are longer dealing with details of societal organization. The
prophet read the Qur’an in 7 different ways, The Qur’an can be recited as tartiil
or as tajwid.
As a source of legislation the Qur’an provides general foundations and principles. Qur'anic evidence
for legal rulings is either qatui, or dhanni.
The Qur'an is the primary source of law. All other recognized sources are secondary to the Qur'an and are validated by it.
SUNNAT AS A PRIMARY
SOURCE OF LAW
Sunnat, a subgroup of hadith and part of wahy, is defined as words, actions, and tacit agreement
of the Prophet. A hadith consists of a sanad, and matn. It can be hadith nabawi or hadith qudsi.
of hadith started late because it was feared that hadith writings could be confused with Qur’an writing. Hadith was
written only after the text of the Qur’an was well established with no room for confusion. Hadith collections are classified
as sihaah, sunan, masanid, and muwatta’at.
Hadith is described as mutawatir
if narrated by many, mash'hur
if reported by at least 2, and
aahaad if reported by only 1 sahabi. It be tashri'i if legislative or
ghayr tashri' if it is not. The
grades of hadith authenticity in descending order are: sahiih, jayyid, and hasan. Muttafaq ‘alayhi
is reported by both Bukhari and Muslim. Musnad has a chain of narrators to the prophet. Muttasil has an unbroken
chain of narrators. The sanad stops at a sahabi in mawquf and at a tabi’e in a marfu’u
hadith. In mursal the tabi’e reports directly from the prophet. Munqati’u has an incomplete
sanad. Dha’if lacks the attributes of the sahiih and hasan.
Sunnat can affirm, explain, or elaborate the Qur'an or bring up matters not mentioned in the Qur’an. Obedience
of the prophet implies following his sunnat. The sunnat comes second to
the Qur'an as a source of law. The daliil of the sunnat may be definitive, qatai, or probable, dhanni. The sunnat is interpreted in the light of general principles
of the Qur'an, the social situation in the prophetic era, and the Arabic language.
and QIYAAS AS SECONDARY SOURCES OF LAW
Ijma is agreement of all mujtahids existing at one time on a particular
legal ruling based on nass. It can be ijma
sariih or ijma sukuuti. Qiyas is use of a ruling of one matter for another matter when the two share the same
SOURCES OF LAW:
laws, shara'u man qablana, were either
abrogated or confirmed by the Qur’an. The word of the companion, qawl
al sahabi, is a source of law under specified conditions. Custom or precedent,
‘aadat or 'urf, is a source
of law if it does not contradict nass, there is ijma on it, and is in the public interest, and closes the door to evil. Istishaab is continuation of an
existing ruling until there is evidence to the contrary. Istihsaan is
preference for one qiyaas by a mujtahid. Istislaah is assuring a benefit or preventing a harm used in mu’amalat but not
‘ibadat. Maslahat mursalat is public interest based on ra’ay when there is no nass.
Sadd al dhari'at is prohibition of an act that is otherwise mubaah because it has a high probability of leading to haram.
OF EXTRACTING LEGAL RULINGS, tariqat istinbat al ahkaam, Nass can be muhakkam or mutashabih. The muhakkam can be ‘aam,
khaas (amr and nahy), or mushtarak. Amr can be wajib, manduub, or mubaah. Nahy can be haram
or makruh. Nahy implies both batil and fasid in ibadat. In mu’amalat a fasid transactions is irregular but not batil and has some legal effect. Legal
reasoning uses the tools of agreement, ashbaahu, difference, furuuqaat, or exceptions,
nadhair, Conflict of evidences is apparent and not real and is due to different views of mujtahidiin. It is
resolved by the tools of nasakh, tarjih, or tawfiq. Nasakh is abrogation of one daliil.
by another. Tarjiih is an intellectual effort to compare two or more rulings and select the best of them on the basis
of strength of daliil. Tawfiq is combining two contradictory daliil to give one ruling.