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TOPIC 1 : AL QURAN
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INTRODUCTION Definition of Islamic Jurisprudence (Usul Fiqh) : Methodology of deducing Islamic legal rulings. It serves the correct interpretation & understanding of the sources & ijtihad (human reasoning & interpretation). Classification of sources of law : Origin of the sources : textual sources & non textual sources (al ra’yu) Utilization of the sources : agreement in utilization & decline in utilization.
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…CONT Basis for the sources of Islamic law :
Hadith of Mu’az ibn Jabal : When the Prophet Muhammad (PM) send Mu’az ibn Jabal to Yemen (as Judge & Govenor), he asked him on what basis he would judge if he was confronted with a problem. Mu’az said that he would judge based on the contents of Al Quran (AQ). The PM then asked him, “assuming that you do not find it in the AQ, on what basis would you judge?”.The Mu’az replied,he would judge based on Sunnah of the PM. The PM also asked him ,”assuming that you do not find in both the AQ & the Sunnah, on what basis would you judge?”. Mu’az ibn Jabal replied that he would use his individual opinion without transgressing the boundry (set by the AQ and Sunnah). [Sunan Abu Dawud & Al Tirmizi]
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SOURCES OF ISLAMIC LAW Al Quran Sunnah Ijma’ (consensus of opinion)
Qiyas(Ananlogical deduction) Fatwa sahabi (Legal opinion of Companion) Maslahah Mursalah (Consideration of public interest) ‘Urf (Custom) Istihsan (Equity) Istishab (Presumption of continuity) Sadd Al Dharaie (Blocking the Means) Ijtihad (Personal Reasoning)
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AN OVERVIEW & DEFINITION OF AL QURAN
Qara’a (to read) Reading or recitation The book containing the speech of God revealed to the Prophet Muhammad PBUH in Arabic & transmitting to us by continuous testimony (mutawatir/tawatur).
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The contents of the AQ are not classified subject-wise :
Eg: the command concerning prayer or solat appears in the 2nd surah, & it occurs in the midst of other verse which relate to the subject of divorce (Chp. 2: ) : “…and divorced women shall wait (as regards their marriage) for three menstrual periods (v228)…guard strictly (the obligatory) prayers (v238)..” *surah =chapter
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In the same surah, we find rules which relates to wine-drinking, apostacy & war, treatment of the orphans & marriage of unbelieving women. The AQ is an indivisable whole & a guide for belief & action which must be followed in its entirely. The AQ was revealed piecemeal over a period of 23 years in relation to a particular events : Chp. 25: 32 “the believers say, why has not the AQ been sent down to him (Muhammad) at all once. Thus (it is revealed) that your hearts may be strengthened, & We rehearsed it to you gradually, & well-arranged.” 17: 106 – And [it is] a Qur'an which We have separated [by intervals] that you might recite it to the people over a prolonged period. And We have sent it down progressively.
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DISTINCTIVE FEATURES OF THE AL QURAN
AQ is an actual Word of Allah AQ was revealed in Arabic language AQ was transmitted with continuous testament (mutawatir). AQ is Allah’s eternal miracle revealed to the Prophet Muhammad (PBUH) for all succeeding generations. AQ is complete & comprehensive.
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GRADUALITY IN THE REVELATION OF THE AQ
Gave opportunity to the believers to retain it in their memories. Renewal of spiritual strength. Illiteracy of the Arabs. The legislation touched the lives of the ppl. Eg: the ban on the consumption of alcohol. The ulama are in the agreement to the effect that the entire text of the AQ is mutawatir, that is its authenticity is proved universally accepted testimony.
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The AQ was revealed in 2 distinct periods of Prophet’s mission in Mecca & Madinah respectively.
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THE MECCAN & MEDINAN REVELATION
3 difference criterias : The time of revelation The place of revelation The nature of the audience
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CHARACTERISTICS OF QURANIC LEGISLATION
The definitive (qati’e) & the speculative (zanni) Brevity & detail (al ijmal wal tafsil) The 5 values (wajib, sunat, harus, makruh, haram) Ratiocination (ta’lil) in the AQ Inimitability (I’jaz) of the AQ Ocassions of revelation (asbab al nuzul)
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THE LEGAL INJUNCTIONS OF THE AL QURAN (AYAT AL AHKAM)
It is considered as the code of conduct for every muslims in all sphere of their life. In the AQ does not provide detailed rulings on many issues, only selected issues are elaborated in details i.e. many general principles provided by the AQ, which can be utilized as a guidance to resolve contemporary issues. Eg : (4:103), (2: 183, 188, 182), (24 : 2).
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CLASSIFICATIONS OF THE VERSES OF THE AL QURAN
Ahkam al mujmal (The concise injunction) Ahkam al mujmal wa al mufassal (The concise and detail injunctions) Ahkam al mufassal (The detailed injunctions)
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NASKH (ABROGATION) AQ may prescribe a law suitable to ppl at the time of its enactment, or it may serve a particular limited purpose. However, its suitability may later disappear or its unique purpose & objectives may hv been achieved. Numbers of rulings which were abrogated: the waiting period of women whose husband had passed away, Bequest Prohibition to muslims from visiting the graveyards Qiblah (Direction to face during prayer)
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