View Full Version : Write a detailed note on Quran as a primary source of Islamic law. (1999)(2001)

09-02-2012, 07:41 PM
1. Introduction:
The Holy Quran is the of book consisting of those direct revelations which were made consisting of those direct revelations which were made to the Holy Prophet Hazrat Muhammad 9Peace Be Upon Him). it is in the very words of Allah Almighty. Quran is the primary source of law. it is first in the order of primary source of law. it is first search for a hukm is to be in the Quran and the jurist should not move to the next source unless the search in the Quran has been completed.
2. Meaning and definition of Holy Quran:
Quran is derived from the Arabic word Qura, a which means "to read"
II. Definition:
Many jurists have attempted to define Holy Quran., but they maintain that the purpose of definition is not to grasp the nature of the Quran.
Definition by Al-Bazdawi:
"The Quran is the book revealed the messenger of Allah, Muhammad (Peace Be Upon Him) as written in the masahif and transmitted to us from him through an authentic contionuous narration without doubt."
3. Revelation of the Holy Quran:
Holy Quran is a book of Allah which is revealed to Holy Prophet (Peace Be Upon Him). the first revelation came to the Holy Prophet (Peace Be Upon Him)
where he was forty years of age. following verses of Surah-Al-Alaq were revealed to him.
"Read in the name of the lord, who creat the man from a clot."
"Read! and it thy lord the most Bountiful. who teacheh by the pen teacheth man that which he knew not." (Al-Alaq: 1-5)
4. Attributes of the Holy Quran:
There are 55 alternative names or attributes of the Holy Quran e. g Al-Kitab, Al-Noor etc.
5. Quran as source of law:
The Holy Quran is a complete code of creed and morals as well as of the laws based thereupon. the Quran seeks to guide man in all walks of life, spiritual temporal, individual and collective Quran says.
"And we have revealed the scripture unto the only that thou may explain unto them that werein they differ, and (as) a guidance and a mercy for people who believe. (16:64)
"These are the limits of Allah (hadud Allah) so de not go near them." (2:187)
I. Division of verses of Holy Quran:
The Holy Quran is divided into 30 division called Ajza or Paras and into 114 chapters called Surrah. which consists of 6666 verses. these verses divided in three sections or portions.
(i) First portion:
First portion deals with religion and its duties e. g, belief in one Allah, day of judgement etc.
(ii) Second portion:
Second portion deals with Quranic ethics.
(iii) Third portion:
Third portion is related with Munamalat. it regulates the relationship of individuals among themselves, with states etc. it deals with sales and purchase, lease and mortgages, evidence, torts and contracts etc.
II. Ahkam in the Holy Quran:
Two main categories of Hukm have been classified by the Muslim jurists.
(i) Hukam Taklifi.
(ii) Hukm Wadi.
(i) Hukm Taklifi:
The aim of the hukm Taqlifi is to create an obligation for the commission or omission of an act.
(ii) Hukm Wadi:
The aim of the hukm wadi is to either inform a subject that certain thing is a cause of condition for or obstacle to a hukm or is to explain the relationship that exists between two rules or to provide criterion for judging whether an act performed is valid or not.
III. Category of laws revealed:
Most of the verses contaning rules of law were revealed with reference to cases which arose during the lifetime of the Holy Prophet (P. B. U. H). these may be categorized as under.
(i) Abrogating verses:
Verses which repeal or abrogate objectionable customs like usury gambling and unlimited polygamy.
(ii) Verses affecting social reforms:
Verse which affects social reforms such as by raising the legal status of woman, setting the question of succession and inheritance on equitable basis.
(iii) Verse providing rights:
Verse providing protection for the rights of minors and other persons under disability.
(iv) Pena verses:
Verses providing principles of punishment for the purpose of securing place and order.
(v) Legal verses:
These are the verses proving constitutional and administrative matters.
These verous principally occur in the madni Surahs.
6. Constitutional statute of Quran:
Quran is the constitutional book for Islamic states it id the supreme law of the land it clear comprehensive and complete constitution. neither it can be amended nor abrogated. however interpertation of Quran as constitution permitted.
7. Position in Pakistan:
Pakistan is an Islamic state and since the creation of Pakistan, attempts have been made at different times to modify the existing laws in the light of Quran and Sunnah.
Article 227 of constitution of Pakistan 1973, runs as follows.
'All existing laws shall be brought in conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah."
8. Conclusion:
To conclude, I can say that Holy Quran is the first primary source of Islamic law. all other sources derive their validity from the Holy Quran which is in the direct words of Allah Almighty who is complete sovereign over the entire universe, but it is to be noted that it is not a book of law. it is a book of guidance for the mankind, so it does not contain a detailed corpus of legislation.