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Main sources of Shariah :

Quran & Sunnah

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.

Sura Bani-Israel, verse 9:


Indeed this Quran guides to the path which is clearer and straighter

than any other.




"Do they not ponder on the Qur'an (with care)? Had it

been from other than Allah, they would surely have


found therein much discrepancy."(an-Nisa, 4/82).

Preservation of Quran:
Memory?
Writing?

Both
Simultaneously

Revelation in fragments
Nozooli or tauqeefi ???

In early days --- Prophet (pbuh)


Surah were short
Recitation in prayers
Each Ramadan recitation before Jibrail (as)
Last year revision twice

Arda
Taraweeh

Early scriptures
Hazrat Umers sister (ra)

Shoulder blades
Palm leaves
Stale like stones
Hides etc

Official Katib ---- Zaid bin Thabit (ra)

Abu Bakar (ra) and Umer ?(ra)


ROLR OF HAZRAT ABU BAKAR (RA)
Death of Hufaz e Quran battle of Yamama
Ordered Zaid-bin Sabit to prepare Mushaf

ROLR OF HAZRAT UMAR (RA) & HAZRAT USMAN (RA)


Umer (ra) wanted to send authentic copies to provincial centers
Carried out by Usman (ra)
Usman (ra) Jame-ul-Quran
7 copies
1 ( Topkapki Museum Turkey) 1 ( incomplete Tashkent)
Complete match

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)

Recite in the name of your Lord Who created, Created man


from a clot. Recite and your Lord is most Generous, Who
taught (to write) with the pen. Taught man what he knew
not."

Support from Khadeeja (ra) The first to embrace Islam at

hands of Prophet (pbuh)


No Revelations (wahi) for next three years
Mushrikin started making fun

2nd revelation:

3rd revelation:
Surah Ash-Shu'araa - verse 214

And warn, [O Muhammad], your 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 (

Creation of universe :
Do not the Unbelievers see That the heavens and the earth

Were joined together (as one Unit of Creation), before We


clove them asunder? [Al-Quraan 21:30]
Moreover, He Comprehended In His design the sky, And it

had been (as) smoke: He said to it And to the earth: Come ye


together, Willingly The Quraan and Modern Science:
Compatible or Incompatible? 10 Distributed by AHYA MultiMedia http://www.ahya.org or unwillingly. They said: We do
come (Together), in willing obedience. [Al-Quraan 41:11]

Shape of earth :
And the earth, moreover, Hath He made egg shaped. 2 [Al-

Quraan 79:30]

Reality of Sun & moon


Blessed is He Who made Constellations in the skies, And

placed therein a Lamp And a Moon giving light. [Al-Quraan


25:61]
It is He who made the sun To be a shining glory And the moon
to be a light (Of beauty). [Al-Quraan 10:5]
See ye not How Allah has created The seven heavens One

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]

THE SUN WILL EXTINGUISH AFTER A CERTAIN


PERIOD
And the Sun Runs its course For a period determined For it;

that is The decree of (Him) The exalted in Might, The AllKnowing. [Al-Quraan 36:38] 3

THE PRESENCE OF INTERSTELLAR


MATTER
: He Who created the heavens And the earth and all That is

between. [Al-Quraan 25:59]

THE EXPANDING UNIVERSE


With the power and skill Did We construct The Firmament: For

it is We Who create The vastness of Space. [Al-Quraan


51:47]
The Arabic word msin is correctly translated as expanding
it,

WINDS IMPREGNATE THE CLOUDS


And We send the fecundating winds, Then cause the rain to

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.

MOUNTAINS ARE LIKE PEGS


(STAKES)
Have We not made The earth as a wide Expanse, And the

mountains as pegs? [AlQuraan 78:6-7]


And We have set on the earth Mountains standing firm, Lest it
should shake with them. [Al-Quraan 21:31]
And the mountains Hath He firmly fixed. [Al-Quraan 79:32]

EVERY LIVING THING IS MADE OF


WATER
? We made from water every living thing. Will they not then

believe? [Al-Quraan 21:30]


And Allah has created Every animal from water. [Al-Quraan
24:45]

PLANTS CREATED IN PAIRS, MALE AND FEMALE


And has sent Down water from the sky. With it have We

produced Diverse pairs of plants Each separate from the


others. [AlQuraan 20:53]
And fruit Of every kind He made In pairs, two and two. [AlQuraan 13:3]
And of everything We have created pairs. [Al-Quraan 51:49]
Glory to Allah, Who created In pairs all things that The earth
produces, as well as Their own (human) kind And (other)
things of which They have no knowledge. [Al-Quraan 36:36]

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

Difference between Hadith and


Sunnah

Does strict order of priority between Quran and


Sunnah exists while extracting Ahkam ?

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

Classification of Hadith ( w.r.t.


channel)
1. Qawal (Words)
2. Fil (Act)
3. Taqreer ( Tacit Approval)

Classification of Hadith ( w.r.t. transmission)


1. Muttasil ( chain complete)
1. Mutawatir
2. Mashhur
3. Ahad/ khabar-e-wahid
2. Mursal / Muqati ( chain incomplete)
1. Any narrator missing --- Mursal
2. Sahabi missing --- Mursal
any other missing --- Muqati

1. Muttasil ( chain complete)


1. Mutawatir:
Tawatur at all levels : Twattur can be of two types:
i. Twattur Lafzi (in words)
ii. Tawattur Maanawi ( in meaning )

2. Mashhur:
No tawatur in FIRST GENERATION , but tawattur is found in rest of the generations

3. Ahad/ khabar-e-wahid

No tawatur in all generations


These Ahadith are NOT ACCEPTED IN Aqaid , but accepted in matters of conduct ( mamalat) and Fiqh

NOTE: AFTER COMPLILATION ALL AHADITH BECAME KNOWN

1. Mursal / Muqati ( chain incomplete)


1. Any narrator missing --- Mursal
2. Sahabi missing --- Mursal
any other missing --- Muqati

.Shafia do not rely on mursal unless supported by some other

factor

Conditions for acting upon Hadith


Muttasil
1.

Mutawatir:

Mashhur
3. Ahad/ khabar-e-wahid
2.

Classification of Hadith ( w.r.t.


Sehah)

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

Grades of Sunnah (Existence of strict priority


order)
Hadith Muad bib jabal (RA)
Approaching Quran and Sunnah together?
General?
Mutawatir definitive and ayah probable in meaning?

Mutawatir --- certain


Mushhoor --- certain
Khabar-e-wahid

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

Maliki and shafai --- disapprove ---- tacit ijma


Jurists probable source

Ijma in modern times

Qiyas
Assignment of hukam of existing case found in quran, sunnah

or ijma to new case whoes hukam id not found in these


sources on the basis of common underlying attribute called
illah

Murderer shall not inherit


Wasiyah ?

Istehsan
moving away from the implications of analogy to an analogy

that is stronger than it , or restriction of analogy on basis of


evidence stronger than it

Easting during fast out of forgetfulness

Forget, mistake, duress

Isteshab
Set of presumptions
Not source of new laws

Isteshab ul hal and Islamization of law in


Pakistan
Direct evidence is not found against it--- accepted

Condition--- orginlly established on principles of shariah

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

Yrf means marooof(good)


Not human reasons or pratices
Only those approved by shariah

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

Darurat: anarchy , chaos


Hajat : difficaulty and hardship : exemption
Tahsinaat: moral spiritual preogress (sadaqa, not cutting trees

during war)

Istaqra and not deduction

Qati (certain)

Establish and defend


Examples

priority

1. Dini
2. nafs
3. nasl
4. aqal
5. mal

Makrooh
Makrooh al-tanzeeh --- disapproved

Omission demanded by lawgiver by probable evidence expressed in non


binding terms

Makrooh al- Tahrim --- abominal


probable evidence expressed in binding terms
Closer to haram (prohibition)

Ijtehad & Mujtahid

Ijtehad
Literal meaning--- Maximum effort in performing an act
Technical Definition:

Seeking of knowledge of ahkam(rules)of shariah through


interpretation
Explanation
Mujatahid
uses limits of his ability
Discovery of Rules of shariah
Excludes simple understanding and memorization of rules from books of

fiqh ( faqih) and identification (Mufti)

Task of muhtahid
Dicovery of law stated explicitly or Impliedly---Literal interpretation
Plain meaning rule
Literature
technical meaning assigned in Sunnah
Haqeeqat and majaaz

Extension to new cases similar to the one mentioned in text. Qiyas


Extension to new cases not covered by previous two methods

Relaince on all the text collectively


Intehsan
Masalaha musalah
Opportunity to generate new rules provided he observes a prescribed methodology

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

Complete process of Ijtehad


Mujtahid has qualifications for ijtehad
Use of three modes of ijtehad
Naskh
Jam and tarjeeh or between conflicting sources

Examples of Naskh

Change of Qibla

Examples of Tarjeeh:
Book over sunnah
Ijma over analogy
Mutawatir over khabr e wahid

Who is Mujtahid today?


Two requirements

1. qualification
2. Acceptance
Today's world:
Law making monopoly with state
1. State legislature
2. Courts (limited power of making case law)

Pakistan ideology council --- advisory not binding


Its mufti at best

Islamic Fiqh Academy (OIC) --- opinions mere recommendations


Ijtehad by individuals:
General rule: Mujtahid binding by his own Ijtehad
Possible in private matters only. In rests of the law has to follow the state.
Scope for individuals very limited

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----- African deserts


Madina---- Asia
Taif --------West

Mecca
Geography:
Mecca----- African deserts
Madina---- Asia
Taif --------West
Religion and cultures
Pegans, Christians, Jews
Mainly: One God but at the same time many

Ibrahim (a.s) ---2000 years ago


Prayer of Ibrahim (a.s)
Built kaba (History of Kaba

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

Life of Prophet (PBUH)


DOB --- 569 AD
Bedouin foster mother
Lived in open desert
Visit of fathers grave with mother--- 6 year old
Death of mother
Grand father
Uncle--- not very rich
Started earning as a Shepard
Age of ten first business travel with uncle to Syria--- warnings

25 years old --- Sadiq and Ameen


Marriage
Business partner --- Saib

Hilf al- Fazool


Wont trade it for hundred camels
Tanseeb of hir-e-Aswad

Religious perspective:
Never worshiped idols
Not much accounts before 35
Spiritual mediations in cave Hira on mount of Noor
(Jabal-al-noor)

Age of 40 first revelation

1st revelation:
Holy Qur'an (96: 1-5)

Recite in the name of your Lord Who created, Created man


from a clot. Recite and your Lord is most Generous, Who
taught (to write) with the pen. Taught man what he knew
not."

Support from Khadeeja (ra) The first to embrace Islam


at hands of Prophet (pbuh)
No Revelations (wahi) for next three years
Mushrikin started making fun

2nd revelation:

3rd revelation:
Surah Ash-Shu'araa - verse 214

And warn, [O Muhammad], your

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 (

Early Muslims & their difficulties

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) AAM-UL-HUZN (Abu lahab


becomes chief )
2) Waqai Taif

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----- African deserts


Madina---- Asia
Taif --------West

Pegans, Christians, Jews

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

Life of Prophet (PBUH)


DOB --- 569 AD
Bedouin foster mother
Lived in open desert
Visit of fathers grave with mother--- 6 year old
Death of mother
Grand father
Uncle--- not very rich
Started earning as a Shepard
Age of ten first business travel with uncle to Syria--- warnings

25 years old --- Sadiq and Ameen


Maraige
Business partner --- Saib

Hilf al- Fazool


Wont trade it for hundred camels
Tanseeb of hir-e-Aswad

Religious perspective:
Never worshiped idols
Not much accounts before 35
Spiritual meditaons in cave Hira on mount of noor
Age of 40 first revelation

Recite in the name of your Lord Who created,


Created man from a clot. Recite and your Lord is
most Generous, Who taught (to write) with the
pen. Taught man what he knew not." Holy Qur'an
(96: 1-5)

Support from Khadeeja (ra)


No wahi for next three years

Surah Ash-Shu'araa - verse 214


And warn, [O Muhammad], your 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

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

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