The Quran is the primary and fundamental source of Islamic law

The Quran is the primary and fundamental source of Islamic law

The Quran is the primary and fundamental source of Islamic law

1) Introduction

Quran is the Primary source of Law and it is in very Words of ALMIGHTY ALLAH. The holy Quran is direct revelations on the Holy Prophet (P.B.U.H) by ALMIGHT ALLAH. Jurists are restricted for their first search for any command to be in the Quran. Jurists can’t move in search of any command to another source unless their search for a command complete from the Quran

2) Meaning

The word Quran is derived from the Arabic word Qura’a which means “TO READ”

3) Definition

Jurists unanimously unable to define the definition but:

4) Definition by Al Bazdawi

The Quran is revealed by the Holy Prophet (P.B.U.H) and it has been transmitted to us by the Holy Prophet (P.B.U.H). The Quran is an authentic revelation without a doubt.

5) Revelation of the Holy Quran

Quran revealed on Holy Prophet (P.B.U.H). The first revelation was on the Holy Prophet (P.B.U.H) in the age of 40. Surah Al Alaq was revealed firstly upon Holy Prophet P.B.U.H

Following is the verse of Holy Quran:

” READ IN THE NAME OF THY LORD, WHO CREATES THE MAN FROM A CLOT”

6) Attributes of the Holy Quran

There are 55 attributive names of the Holy Quran, some of them are as under

  1. Al Kitab
  2. Al-Furqan
  3. Al-Noor

7) Quran as a source of Law

The Quran is a complete code of creed because Islamic laws are based on the Holy Quran and

Quran Guides man in all aspects of life and it is a major source of law

8) Ahkams in the Holy Quran

Following are the Ahkaams in the holy Quran.

1. Command Taklifi

The main object of command e Taklifi is to Create obligation for commission and omission of

certain ac

2. Command Wadi

The main object of Hukem e Wadi is to Provide of criterion (Asool) for whether an act

performed is valid or not.

9) Division of Quran

The Holy Quran has been divided into the following ways.

  1. The Quran consists of 30 divisions which are called Paras
  2. It has 114 divisions which are called Surrahs
  3. The Holy Quran has 6666 verses
  4. 86 surahs which are called Makki Surahs and the rest of the 28 are called Madni Surahs

10) Division of Verses

Verses of the Holy Quran are divided into three portions.

1. First portion

The first portion of the verses of the Holy Quran deals with Religious duties such as Belief in

one ALLAH, the Holy Prophet (P.B.U.H) is the last prophet

2. Second portion

The second portion of the verses of the Holy Quran deals with Quranic ethics like behavior

with neighbors, dealing with parents, etc.

3. Third portion

The third portion of the Holy Quran deals with individual relationships with one another

(Purchase, Sale, Lease, Evidence)

It develops relationships among people and deals with other Social duties.

11) Category of verses revealed

The category of the verses revealed are being discussed as under and the point of concern

is those issues which arose in the life of Holy Prophet P.B.U.H. All verses

contain rules of law for the service of humanity

1. Abrogating Verses

Verses which abrogate objectionable customs like Gambling, etc

2. Penal verses

Verses that provide principles for Punishment

And Securing the society

3. Legal verses

Verses that provide constitutional and administrative matter

Such kind of verses exist in Madni Surahs

4. Verses affecting social reforms

Verses that raise living standards as the status of women in society

As property Inheritance on an equality basis

5. Verses providing Rights

Protection of minors like their rights such right to life, right of freedom, etc

Protection of Disables who are unable to perform their duties in society, Islam

protects them

12) Nature of Laws lays down

Fundamental principles laid down in the Holy Quran are not in detail If details are required,

Jurists should be recourse Sunnah because Sunnah is the interpretation of the holy Quran. All

rules and principles laid down in the Holy Quran require explanation and interpretation

which only can be made by Sunnah

13) Mode of interpretation of the Quran

Sunnah is the Primary mode of interpretation of the Quran because some of the general rules laid down in the holy Quran needs explanation as well as there are a lot of rules which can’t be understood without the help of Sunnah

14) Position in Pakistan

Pakistan is an Islamic state and all Existing laws are modified in the light of the Holy Quran and

Sunnah

Article 227/1973,

”ALL EXISTING LAWS SHALL BE BROUGHT IN CONFORMITY WITH THE INJUNCTIONS OF ISLAM AS LAID DOWN IN THE HOLY QURAN AND SUNNAH”

15) Constitutional status of the Quran

In the West, constitutional law is supreme law but in Pakistan, as it is an Islamic state there is in Islamic jurisprudence Quran is constitutional law. The Quran provides all norms for livelihood

16) Conclusion

The Quran is very words of ALMIGHTY ALLAH and the primary source of Islamic law. As well as validation of other sources is by the Quran. One of the biggest features of the Holy Quran is that it doesn’t have details for multiple general rules laid down in it and in this regard, jurist has to recourse the sunnah for an explanation of these rules. The Quran is not a book of law but the book of guidance for humanity

Ikyan Shah (Advocate High Court)
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