Professional Documents
Culture Documents
1. Quran
Sources
PRIMARY
Quran
Sunnah
Ijma
SECONDARY
Qiya
Istehsan (juristic preference)
Isteshab (presumption of continuity)
Maslaha mursala
Sadd al Dhariah
Opinion of Sahabi
Urf (Custom)
Importance :
Word of Allah Almighty
(6:155) And likewise We revealed this (Book) - a
blessed one. Follow it, then, and become God-fearing;
you may be shown mercy.
"Do they not ponder on the Qur'an (with care)? Had it
Preservation of Quran:
Memory?
Writing?
Both
Simultaneously
Revelation in fragments
Nozooli or tauqeefi ???
Arda
Taraweeh
Early scriptures
Hazrat Umers sister (ra)
Shoulder blades
Palm leaves
Stale like stones
Hides etc
Is translation allowed?
When did the first one happen?
The first fully attested complete translations of the Quran were
done between the 10th and 12th centuries inPersianlanguage.
1st revelation:
Holy Qur'an (96: 1-5)
2nd revelation:
3rd revelation:
Surah Ash-Shu'araa - verse 214
kindred.
And lower your wing to those who follow you of the believers. And if they
disobey you, then say, "Indeed, I am disassociated from what you are doing
Mount of safa
Makki surah:
One God
Resurrection
Last day of judgment
Tarteeb tuqeefi (
Creation of universe :
Do not the Unbelievers see That the heavens and the earth
Shape of earth :
And the earth, moreover, Hath He made egg shaped. 2 [Al-
Quraan 79:30]
above another, And made the moon A light in their midst, and
made the sun As a (Glorious) Lamp? [Al-Quraan 71:15-16]
Orbits
It is He Who created The Night and the Day, And the sun and
the moon: All (the celestial bodies) Swim along, each in its
Rounded course. [Al-Quraan 21:33]
It is not permitted To the Sun to catch up The Moon, nor can
The Night outstrip the Day: Each (just) swims along In (its own)
orbit (According to Law). [Al-Quraan 36:40]
that is The decree of (Him) The exalted in Might, The AllKnowing. [Al-Quraan 36:38] 3
descend From the sky, therewith providing You with water (in
abundance). [AlQuraan 15:22] The Arabic word used here is
lawqih, which is the plural of laqih from laqaha, which means
to impregnate or fecundate. In this context, impregnate means
that the wind pushes the clouds together increasing the
condensation that causes lightning and thus rain.
2. Sunnah
Sources of Shariah :
PRIMARY
Quran
Sunnah
Ijma
SECONDARY
Qiya
Istehsan (juristic preference)
Isteshab (presumption of
continuity)
Maslaha mursala
Sadd al Dhariah
Opinion of Sahabi
Urf (Custom)
Definitive
Probable
Source
Source
Meaning
Meaning
2. Sunnah
Status of Sunnah
Parts of Hadith:
Every hadith comprises of two parts
1. Sanad (Text)
2. Mattan ( chain of narrators)
.Chain of narrators:
1st generation of narrators : SAHABA (RA)
2ND generation of narrators : Tabbain
3RD generation of narrators : Tabba tabbain
4th generation of narrators : Tabba- tabba tabbain
2. Mashhur:
No tawatur in FIRST GENERATION , but tawattur is found in rest of the generations
3. Ahad/ khabar-e-wahid
factor
Mutawatir:
Mashhur
3. Ahad/ khabar-e-wahid
2.
ISLAMIC JURISPRUDENCE
Right o Allah
Right of individual
Both
Implication?
Sources
PRIMARY
Quran
Sunnah
Ijma
SECONDARY
Qiya
Istehsan (juristic preference)
Isteshab (presumption of continuity)
Maslaha mursala
Sadd al Dhariah
Opinion of Sahabi
Urf (Custom)
Primary vs secondary
Unanimously agreed upon
Transmitted --- rational
Definitive ---- probable
Extendable --- Nonextendable
Ijma
among mujtahedeen
Unanimous
Ummah
Demise of Prophet (pbuh)
Single determined period
Upon rule of law
Reliance upon sanad
Transmission by tawatur
Ijma Qauli
Ijma sokoti
Qiyas
Assignment of hukam of existing case found in quran, sunnah
Istehsan
moving away from the implications of analogy to an analogy
Isteshab
Set of presumptions
Not source of new laws
Maslaha Mursala
Acquisition of benefit and Expulsion of harm
Compilation of Quran
Qatl-e-Amad --- by Umer (ra)
Taxes for jihad
Sadd al Darraih
Cultivation of Poppi
Blocking lawful means to unlawful end
Qawl e Sahabi
Maqasid shariah
Urf
Jurists have made passing reffrence to custom
Never considered as source of law
Unlike western legal system
maslaha
Based on maqasid shariah
Envelop all other rational sources
Most imp
Comprehensive instruction for modern day ijtehad
Jeremy bantham
Ghazali preservation of ends of sharaih
Types
Dini
Dunyawi : nafs , nasl, aqal, mal
Tahisil
ibqa
during war)
Qati (certain)
priority
1. Dini
2. nafs
3. nasl
4. aqal
5. mal
Makrooh
Makrooh al-tanzeeh --- disapproved
Ijtehad
Literal meaning--- Maximum effort in performing an act
Technical Definition:
Task of muhtahid
Dicovery of law stated explicitly or Impliedly---Literal interpretation
Plain meaning rule
Literature
technical meaning assigned in Sunnah
Haqeeqat and majaaz
Modes of Ijtehad
First mode: Literal interpretation
2nd mode: Qiyas
3rd mode: reliance on all the text collectively
Qualification of mujtahid
Comprehensive Knowledge of Arabic language
Comprehensive knowledge of Quran
Comprehensive knowledge of Sunnah
Comprehensive knowledge of Ijma
Comprehensive knowledge of Maqasid Shariah
Aptitude of Ijtehad
Examples of Naskh
Change of Qibla
Examples of Tarjeeh:
Book over sunnah
Ijma over analogy
Mutawatir over khabr e wahid
1. qualification
2. Acceptance
Today's world:
Law making monopoly with state
1. State legislature
2. Courts (limited power of making case law)
Sources of Shariah
PRIMARY :
Quran
Sunnah
Ijma
SECONDARY
Qiyas
Istehsan
Istashab (Istashab -ul-Hal)
Life of Prophet
( p.b.u.h)
DOB 569 AD
Place Makkah
Mecca
Geography:
Mecca----- African deserts
Madina---- Asia
Taif --------West
Religion and cultures
Pegans, Christians, Jews
Mainly: One God but at the same time many
Political situation:
Council of hereditary chiefs
Powers divided
Foreign relations
Guardian of kaba
Offering to the temple
Tort and damages
Military affairs
Economic situating:
Contracts with Iran, Byzantium, Abyssinia for imports
and exports
Religious perspective:
Never worshiped idols
Not much accounts before 35
Spiritual mediations in cave Hira on mount of Noor
(Jabal-al-noor)
1st revelation:
Holy Qur'an (96: 1-5)
2nd revelation:
3rd revelation:
Surah Ash-Shu'araa - verse 214
closest kindred.
And lower your wing to those who follow you of the believers. And if they
disobey you, then say, "Indeed, I am disassociated from what you are
doing
Mount of safa
Makki surah:
One God
Resurrection
Last day of judgment
Tarteeb tuqeefi (
Khadeeja (ra)
Abu Bakr (ra)
Masab bin Umair, Hazrat Bilal, Sumayya (ra), Umar (ra)
Migration to abbysinia
Quraish Boycot (ubu lahab sided with Quraish)
1) Meraaj
2) Jins accepting Islam
Hijrat-e-Madina (622-AD)
Prophet (pbuh) age 53 years
Preaching at occasion of haj
Lecture 2.2
Seerat-tun-Nabi (peace
be upon him)
Mecca
Ibrahim (a.s) ---2000 years ago
Prayer of Ibrahim (a.s)
Built kaba
One God but at the same time many idols
Pilgrimage religious leadership and commercial
benefits
Political situation:
Council of hereditary chiefs
Powers divided
Foreign relations
Guardian of kaba
Offering to the temple
Tort and damages
Military affairs
Economic situating:
Contracts with Iran, Byzantium, Abyssinia for imports
and exports
Religious perspective:
Never worshiped idols
Not much accounts before 35
Spiritual meditaons in cave Hira on mount of noor
Age of 40 first revelation
Makki surah:
One God
Resurrection
Last day of judgment
Tarteeb tuqeefi
Eraly muslims
Khadeeja (ra)
Abu Bakr (ra)
Masab bin Umair, Hazrat Bilal, Sumayya (ra), Umar (ra)
Migration to abbysinia
Quraish Boycot (ubu lahab sided with Quraish)
AAM-UL-HUZN
Abu lahab becomes chief
Waqai Taif
Meraaj
Jins accepting Islam