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Islamic Laws

ASSIGNMENT ON ISLAMIC LAWS

SEMESTER (FALL) 2017

SUBMITED BY:

Riaz Ahmed Khan

PRESENTED TO:

Dr. jamil Ahmad Shehzad

The UNIVERISTY OF LAHORE

Post Graduate Institute of Law

1. INTRODUCTION
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Quran is the primary source of Islamic Law; but it is not in codified

form. It covers all aspects of human action, e.g. moral, ritual, legal and worldly
aspects. All Usulis are unanimous on the point that Holy Quran is the base of
Islamic law; thus providing the primary legislation on Islamic legal system. Its
authenticity as the source of law lies in the fact that it is direct speech of God.
All other sources derive their authenticity and validity from Quran.

2. MEANING OF WOED “QURAN”

The word Quran is derived from Arabic word Qir’at which means
reading or reciting.

3. DERINIATION:

The Usulis are generally reluctant to define the Quran because

according to them book of as wider scope as of Quran can’t be confined within
a definition. However they’ve attempted to define the same but have mentioned
simultaneously that the definition is for the purpose of recognition of the book
and should not be considered comprehensive.

4. AL-BAZDAWI’S DEFEINITION

Al-Bazdawi defines it in following words;

“The Quran is the book revealed to the messenger of Allah, Muhammad

(PBUH) as written in the masahif and transmitted to us from him through an
authentic continuo narration without doubt.”

5. QURAN AS A DIVINE SOURCE:

The entire ummah agrees that the Holy Quran is the divine source of
law. It is thus binding on the jurists to have recourse to it while discovering any
law. It was revealed on the Holy Prophet PBUH by way of tawatur thus
obviating every possibility of its being changed by any human being.

On the other hand jurists also agree that the Quran covers all aspects
of human life either expressly or by implication. There is a statement of al Shafi
that “There is no incident that befalls on of those who follow the din of Allah
without there being evidences in the book of Allah providing guidance for it”
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6. PERIOD OF REVELATION

The Qur’an was revealed over a period of about 23 years, of which over
12 years represent the Makkan period prior to the Hijra and 10 years fall within
the Madinan period where Holy Qur’an covered: the position of women,
children, orphans and the weak; restrictions on the laxity of morals and
strengthening of the marriage tie and family life; the law of retaliation, theft,
drinking, gambling, prohibition of usury and interest in all forms, and the
performance of contracts. Most of these laws were revealed in a gradual
manner in response to issues and cases faced by the Muslims and the society.

7. THE METHOD OF LEGISLATION

Section of the Holy Qur’an were continuously revealed to the Holy

Prophet Muhammad (SAW) from the beginning of his prophet hood in the year
609 CE until shortly before his death (623 CE), a period of approximately
twenty-three years. The various sections of the Holy Qur’an were generally
revealed to solve the problems which confronted the Prophet (SAW). And his
follower in both Makkah and Madina. A number of Qur’anic verses are direct
answers to questions raised by Muslims as well as non-Muslims during the era
of prophet hood. Many of these verses actually begin with the phrase “They ask
you about.” For example,

“They ask you about fighting in the

forbidden months .Say, ‘Fighting in them is a
grave offense, but blocking Allah’s path and
denying Him is even graver in Allah’s
Sight,’ (Sooraal-Baqarah(2):217)

“They ask you about wine and gambling.

Say, There is great evil in them as well as
benefit to man. But the evil is greater than the
benefit”. (Soorahal-Baqarah (2): 219)

The reason for this method of legislation was to achieve gradation in

the enactment of laws, as this approach was more easily acceptable by Arabs who
were used to complete freedom. It also made it easier for them to learn and
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understand the laws since the reasons and context of the legislation would be
known to them. This method of gradual legislation was not limited to the laws as a
whole, but it also took place during the enactment of a number of individual laws.
The legislation of Salaah (formal prayers) is a good example of gradation in the
enactment of twice per day, once in the morning and once at night. Shortly before
the migration to Madinah, five times daily Salaah was enjoined on the believers.
However, Sallah at that time consisted (sunset) prayers which were three units.
After the early Muslims had become accustomed to regular prayer, the numbers of
units were increased to four for residents, except for Fajr (early morning) prayer
and that of Maghrib.

8. INFORMATION CONTAINED IN THE HOLY QUR’AN

The body of information contained in the Holy Qur’an, as a whole,

may be grouped under three headings with regards to the fields of study to
which they are related:

 First: Information related to Faith i.e. Belief in God, His angels, His
scriptures His Prophets, and the affairs of the next life. These topics are
covered within the field of study known as theology (‘llm al-Kalaam of
al-Aqeehad)
 Second: Information related to deeds of the heart and soul, and moral
principles and rules of conduct aimed at the development of nobility of
character. These areas represent the field of moral science known as
ethics (llm al-Akhlaq).
 Third: Information related to deeds of the limbs and contained within a
body of commandments the field of law.
9. ISLAMIC LEGISLATION IN THE HOLY QUR’AN
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Islamic legislation in the Holy Qur’an is comprised of a variety of acts

which have been enjoined by divine decree on mankind. These acts may be
grouped in two basic categories with regard to the parties involved in the acts:

A. Dealings between Allah and men:

These are the religious rites which are not valid without correct
intentions. Some of them are purely religious forms of worship, like prayer and
fasting; while others are socio-economic forms of worship, like Zakat
(compulsory charity); and yet others are socio-physical forms of worship, like
Haff. These four acts of worship are considered the foundation of Islam after
faith.

B. Dealings among men.

The laws governing these dealings may themselves be divided into

four sub-sections relative to the subject matter of the dealings:

I. Laws ensuring and defending the propagation of Islam. These, are embodied
in the codes of armed or unarmed struggle (Jihad).
II. Family laws for the development and protection of the family structure.
These include laws concerning marriage, divorce and inheritance.
III. Trade laws governing business punishments and or compensations for
various crimes.
IV. Criminal laws specifying punishments and or compensations for
various crimes.
10.COMPILATION OF HOLY QUR’AN

The compilation of the Holy Qur’an took place in three stages:

1. During the lifetime of the Holy Prophet (SAW)
2. During the caliphate of Hazrat Abu Bakr (RA)
3. During the caliphate of Hazrat Othman Bin Affan (RA
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1. IN THE LIFETIME OF THE HOLY PROPHET (SAW)

There is ample evidence showing that the entire Holy Qur’an was
written down in the Prophets (SAW) received revelation he would instruct scribes
to record the revelation on parchments of paper or pieces of leather. He would also
indicate in which Surah each ayah was to be placed. The Companions never
interfered in the arrangement of the ayahs and Surahs which are the same in copies
of Qur’ans available today. Hazrat Zaid bin Thabit (RA) was one of the most
prominent companions would compile the Qur’an in the presence of the Holy
Prophet (SAW). During this time the names of the Surahs were also known.

II. IN THE TIME OF HAZRAT ABU BAKR (RA), THE FIRST

CALIPH

A detailed account of this is contained in an account given by Zaid bin

Thabit, in Sahih Bukhari. After the death of the Holy Prophet (SAW) an imposter
called Muslimah announced falsely his own Prophet Hood. Hazrat Abu Bakar
(RA) sent a Muslim expedition against him and a harsh battle took place in 632
A.D (11 A.H) at the place of Yamamah during which hundreds pg Hafiz were
martyred. Hazrat Umar bin Khattab (RA) became concerned at the heavy loss of
Hafiz, fearing that a large part of the Holy Qur’an could be lost if the rate of
martyrdom increased. He expressed hese fears to the Caliph Hazrat Abu Bakar
(RA) and asked him to compile the Holy Quran into a permanent book form.
Hazrat Abu Bakar (RA) was at first shocked at the request and said he could not do
something that the Holy Prophet (SAW) had never done in his own lifetime.
However, Hazrat Abu Bakr (RA) continued to persuade him until Hazrat Abu Bakr
(RA) and said his heart was opened by Allah and he agreed to the suggestion.

Hazrat Abu Bakr (RA) called upon Hazrat Zaid bin Thabit (RA) to
collect and compile the Holy Qur’an into one volume. Hazrat Zain Bin Thabit was
also astonished at this request and declared it would have been easier for him to
shift a mountain than to do such a task. He too questioned how they could do
something that the Holy Prophet (SAW) had not done. Hazrat Abu Bakr (RA)
replied this was a good thing and began to persuade him until Allah opened the
heart of Hazrat Zaid bin Thabit (RA) who agreed to do this too. Hazrat Zaid bin
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Thabit (RA) set about completing the task. He collected all the written parts of the
Holy Qur’an from data leaves, parchment and pieces of leather and also listened to
many of the hafiz who recited verses from their memories. After having carefully
compare and cross checked each ayah, he compiled the written Holy Qur’an into
one single volume. Hazrat Abu Bakar became its official custodian, passing on to
Hazrat Umar Bin Khattab (RA) during his caliphate. After his death the Qur’antic
volume was passed into the custody of his daughter Hazrat Hafsah (RA).

III. IN THE TIME OF HAZRAT UTJHAMN BIN AFFAN (RA),

THE THIRD CALIPH

As the Islamic empire increased it incorporated many different nations

and tribes who did not speak and understand Arabic. As a result difference in
reciting the Holy Qur’an and pronunciation began to occur. It is reported by Hazrat
Anas bin Malik (RA) that Hazrat Hudaifah bin Yaman (RA) had been involved in
the victories of the Muslim run Sham, now modern day Syria, and Iraq over
Armenia and Azerbaijan. He heard the differences in the recitation of the Holy
Qur’an by the inhabitants there. Upon his return he related these concerns to
Hazrat Uthamn (RA) who expressed a deep apprehension at this new development.
They both feared conflicts could arise, replicating the problems that had occurred
in the authenticity of the Bible and Toroth. Hazrat Uthman (RA) took action and
asked Hazrat Hafsah (RA) for the original volume of the Holy Qur’an promising to
return it to her once copies were made. She sent it immediately to him. Hazrat Zaid
Bin Thabit (RA), having been responsible for the first compilation was appointed
as the head of a committee to make exact and perfect copies of the original. The
other committee members consisted of Hazrat Abdullah bin Zubair, Hazrat sa’id
bin Al A’as and Hazrat Abdur Rehman bin Harith (RA). Hazrat Uthman any point
wit Hazrat Zaid (RA) then the relevant ayah should be which the Qur’an was
revealed.

Once copies were made the original was returned to Hazrat Hafsah
(RA). The new copies were then distributed to every Muslim province with the
orders that all other copies of the Holy Qur’an, be they full or partial copies, were
to be burnt and replaced by this original one. Since that that day the Holy Quran
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has remained in its original pristine form and will remain as such in the future by
the Grace and Blessings of Allah Almighty.

11. ATTRIBUTES OF QURAN:

The Quran is a speech of Allah Almighty revealed to Muhammad

(PUBH); it is specified in Al Najm: 3 that “And He does not speak of His own
desire, it is all revealed on Him”

The Arabic words of the Quran as well as their meanings are both
revealed, thus no translation or tafseer can become part of Holy Quran;
The Quran is transmitted to us by way of Tawatur.

The ijaz of Quran is that the human beings are unable to imitate it or
to bring about something similar to it.

12 . MATHODS OF DERIVING LAWS FROM QURAN:

Law can be derived through;

1. Established fundamental versus;

2. Through sunnah interpreting the verses of Quran;
3. Through Ijtehad on the Verses;
4. Through Ijma of Ummah; and
5. Through Qiyas on the Verses.

1. NATURE OF QURANIC REFERENCE:

There are two basic systems of Quranic legislation;

1. Fundamental;
2. Allegorical;
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Quranic reference: He it is who has sent down to thee the book, in it are
verses basic and fundamental; they are the foundation of the book, other are
allegorical (3:7).
2. KINDS OF AHKAM IN HOLY QURAN:

1. Hukam-e-talifi; and
2. Hukm-e-wadii;

A.HUKM-E-TAKLIFI;

The term takliif indicates the presence of element of difficulty in ay

act. Hukm-e-taklifi is hukm which demands from human being to do a
particular act in a specific ay. Following are classifications of act;

Wajab: These are recommended act. To obey them is recommended

and disobeying is not a sin.
Mandoob: These are forbidden acts; doing anything harm is strictly
forbidden and is a sin.
Makruh: These are the acts which are recommended to be avoided.
Mubah: These are acts of indifference these are neither prohibited nor
recommended.

B. HUKM-E-WADII:
It is a communication; which declares a thing to be a cause of
condition of a rule or an impediment to it. It becomes effective a cause of
inheritance.
3. LEGISLSTIVE FUNCTIONS OF HOLY QURAN:

The Holy Quran deals with both civil and criminal laws. The Holy
Quran is a source of the following Laws:

1) Criminal Law:
Injunctions regarding mudud have been laid down in the Holy Quran:

A .Zina
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b. Saraqah (Theft)

c. Harabah (Highway Ducati)

d. Qadhf
e. Irtidad ( Apostasus)
f. Wine Drinking
g. Rebellion.

It has been in the Holy Quran:

“The women and the men guilt of adultery or fornication.

Flog each of them with a hundred stripes.” (Surah Al-Nur:2

The Holy Quran Says:

“O ye who believe Intoxicants and gambling, sacrificing to stones, and

(divination by) arrows, are an abomination, - of satan’s handiwork: Eschew
such (abomination), That yet may prosper.”

(Surah Al-Madina:90).

Theft:

And male as well as female thieves, cut the hands of both in retaliation of
their deeds and if this is by way of punishment from Allah.

Homicidal:

Don’t kill a soul which Allah has made sacred except through the due
process of law. (6:15)

Defamation:

And those who accused honorable women bring not four witnesses, scourge
them with eighty stripes and never accept their testimony, they are indeed evil-
doers.

Adultery:

The women and the men guilty of adultery or fornication, flog each of them
with 100 stripes.

2) Family Law:
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Law of marriage, dower, legitimacy, guardianship, maintenance, hiba(Gift),

will, waqf, talaq, and inheritance have been given in detail in the Holy Quran.
Marriage:

Marry of the women who seems good for you (4:3)

“And marry those among you who are single and of the salihoon of your salves and
maids…” (Al-Noor:32)

Dower:

And give the women their dower as a gift but if they, of their own good
pleasure, remit any part of it top you, take it and enjoy it with right good cheer.
(4:4)

Khula:

If a wife fears cruelty or desertion on her husband’s part, there is no blame

on them if thy arrange an amicable settlement between themselves; and such
settlement is best; even though men’s souls are swayed by greed. But if ye do good
and practice self-restraint, Allah is well-acquainted with all that ye do. (2:128)

Divorce:

When ye divorce women, and they fulfill the term of their (‘Iddat), do not
prevent them from marrying their (former) husbands, if they mutually agree on
equitable terms. This instruction is for all amongst you, who believe in Allah and
the Last Day. That is (the course Making for) most virtue and purity amongst you
and Allah knows, and ye know not.(2:232)

Inheritance:

From what is left by the parents of those nearest related there us a share for
men and share fir women, whether the property be small or large, a determined
share. 4:7

3) Law of Evidence:

Law of evidence has also been crystallized in the Holy Quran. Adducing
evidence has been made obligatory by the holy Quran. And witnesses must not
refuse when they are summoned.
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4) Law of contract:

The Quran is the man source of Islamic law of contract. Detailed rules
concerning buying an selling, Riba, Amanah, Wadiah, Shirkah and Madarabah,
Qard-e-hasna etc. have been given in the Holy Quran. Quarnic reference on the law
of contract “O ye who believe; when you contract a debt for a fixed term reduce it
into writing.

“O ye who believe fulfill your agreements” (Al-Maida:1)

5) Law of Torts:

The Quran contains details laws concerning torts against property e.g. ghasb,
privacy, nuisance, homicide, qisas, equality, injuries to human bodies, neglibence,
defamation, fraud, torts, against women, racial discrimination, liability of head of
state, self-defense etc. Law of privacy has also been discussed in the Holy Quran.

6) Administrative Law:

Law concerning judiciary, executive and legislature, head of an Islamic

state, rule of law, natural justice, freedom of persons, fundamental Human rights,
bureaucracy, armed forces, media, central religious institutions lie the mosque as a
place of worship and place of learning tabligh (preaching) etc. have been given in
the Quran.

7) Constitutional Law:

The concept of a state, the office of imam or head of an Islamic state, fundamental
human rights, principles of policy and other laws relating to constitutional law
have been ordained inn the holy Quran. The holy Quran envisages a welfare state.
It is thus an ideological state.

8) Fiscal Law:

Law regarding sources of revenue spoils of war, zakat, Al-Jiziyah, Al-

Khiraj, Al-Fay, the Khums, Al-usher inter alia have been laid down in the Holy
Quran. Thus the institution of waqf was also established because of the Quranic
teachings.

9) Private and Public International Law:

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Islamic Laws

Law concerning private international law e.g. matrimonial laws, foreign

marriages, and inclusion of foreign Laws on account of public policy have been
given in he Holy Quran. Islamic public international law deals with the concept of
nationality or ummah, international treaties, war (Jehaad), immunity of diplomats
and prisoners or war.

10) Law of Blasphemy:

Penalty for blasphemy in death. Blasphemy is Kalma-tul-Kufr. According to the

Holy Quran: Surah Al-Taubah: 74

11) Commercial Law:

The Holy Quran contains detailed commercial Laws. The holy Prophet P.B.U.H
had firsthand knowledge of commercial laws. The Meccans were traders in pre-
Islamic Arabia. The Holy Quran thus provides complete guidance to the Arabs
after the advent of Islamic commercial matters. It is a source of guidance for the
mankind. The Quran had a deeper significance as the primary source of law.

26. NATURE OF LAWS LAYS DOWN

The Holy Quran is a code of conduct laying down the fundamental principles
and not the detailed provisions so in case of ambiguity reference should be made to
the Sunnah.

POSITION IN PAKISAN

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
shell be brought in conformity with the injunction of Isla as laid down in the holy
Quran and Sunnah.”

27. CONSTITUTIONAL STATUS OF QURAN

In the west constitutional law is called the supreme law of the land. In
Islamic jurisprudence Quran is the constitutional law. It has all those features
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which a modern constitution have. The Quran provides all norms and principal for
statehood.

18.CONCLUSION

To conclude, I can say, that the 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.

Justice is one of the central values in Islam, and any system not based on
justice is unacceptable. Justice moreover, is so central in Quran ethics that Allah’s
name is Adil and the Quran says, “Do justice, it is closest to piety” (5:8).

The Holy Quran is undoubtedly the basic and primary source of law. Most
of the Quranic injunctions and admonitions can be correctly understood only when
they are viewed in the light of what the prophet said or what he did in the situation
to which the injunction or admonition pertains.

REFERNCES:

1. Al-Madkhal, p. 74-8 quoted in Abu Ameenah Bilal Philips. The Evolution of

Fiqh (Islamic Law and the Madhhbs), International Islamic Publishing
House (IIPH) 2nd Edition 2005.
2. See Sahih Al-Bukhari (Arabic-English), vol.1,P.214,No.346.
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3. Nyazee, Imran Ahsan Khan, Islamic Jurisprudence usual al-fiqh ISBN

1565640969 and al-Razi, al-Mahsul fi ilm Usul al-Fiqh, vol. 5, 168-180.
4. Towards understanding Islam by Syed Abu Ala Maududi, Idara Turjumanul
Quran, Lahore, Pakistan.
5. Compiled from the works of Shaykh-ul-Islam, Dr. Tahir-ul- Qadri By
Ghazala Hassan Qadri.