Tiêu đề 1. Holy Quran and Holy Sunnah As source of law.pdf ✅

Q # 01: Define and discuss the legislative functions of the Holy Quran and Holy Sunnah. 1) Introduction  Quran is Primary source of Law and it is in very Words of ALMIGHTY ALLAH .The holy Quran is basically direct revelations on Holy Prophet (P.B.U.H) by ALMIGHT ALLAH.  Sunnah is the Second primary source of Law. If any jurist is unable to find a Hukm from Quran, he has to recourse to Sunnah because Sunnah is Special bond between Quran and Sunnah. Sunnah is explanation of Holy Quran without Holy Sunnah it is very difficult to understand the general rules of the Islamic law laid down in the Quran 2) Meaning of Quran and Sunnah  The word Quran derived from Arabic word Qura’a which means “TO READ”  Sunnah means “Well known path” is being which is being followed again and again 3) Definition of Quran by Al Bazdawi  Quran is revealed on Holy Prophet (P.B.U.H) and it has been transmitted to us by Holy Prophet (P.B.U.H). Quran is an authentic revelation without doubt. 4) Definition of Sunnah  Sunnah are the Sayings ,acts and approvals of Holy Prophet (P.B.U.H) 5) Revelation of the Holy Quran  Quran revealed on Holy Prophet (P.B.U.H).First revelation was on Holy Prophet (P.B.U.H) in 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 CREAT THE MAN FROM A CLOT” 6) Constitutional status of Holy Quran and Holy Sunnah  In west, constitutional law is supreme law but in Pakistan as it is an Islamic state there is in Islamic jurisprudence Quran is constitutional law. Quran provides all norms (Namonay,Misalen) for livelihood  Sunnah performed pivotal role in making constitutional. God delegated powers to Holy Prophet (P.B.U.H) for legislation. Holy Prophet (P.B.U.H) gave a practical shape to injunctions of Quran 7) Quran as a source of Law  Quran is complete code of creed (mazhab) because Islamic laws based on Holy Quran and Quran Guides the man in all aspects of life and it is a major source of law
8) Division of Verses of Holy Quran 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, Holy prophet (P.B.U.H) is the last prophet 2.Second portion  Second portion of the verses of the Holy Quran deals with Quranic ethics like behavior with neighbors, dealing with parents etc. 3.Third portion  Third portion of the Holy Quran deals with individual relationships with one another (Purchase, Sale, Lease ,Evidence)  It develops relationship among people, furthermore, deals with other Social duties. 9) Sunnah as a source of Law  ALLAH ALMIGHTY delegated powers to Holy Prophet (P.B.U.H) for law making. Sunnah is obligatory on Muslims Because Sunnah is source of Law. Holy Sunnah also was revealed on Holy Prophet (P.B.U.H  10) Legislative functions of Sunnah  Sunnah is 2nd primary source of law. Jurist can’t move to Sunnah unless the search from Quran completed. Jurist unable to comprehend the text of Quran unless he recourse to the sunnah. Sunnah is explanation of Quran itself 1.Original law making  When no hukam is found in Quran for commission or omission of certain act at that time, Holy Prophet’s own decision becomes an original law 2.Provision the details of General rules  Ahkams in Quran are undetermined but Sunnah explains these Ahkams  Example As Quran says, the male two shares of the female, Sunnah explains murderer will not inherit
3.Explanation of the Implicit  Some Quranic verses are unclear but but Sunnah makes them clear and without sunnah all of us are unable to understand these ahkams  Example Quran says.hand of each thief to be cut Sunnah explains it, the thief who steals wealth equalent to Nisab from the protective custody 4.Elaboration of Ahkams  Ahkams in Quran are unelaborated. Sunnah explains these Ahkams  Example Quran order prayer, Sunnah provides its timings, numbers and Rak’as of prayer. 5.Linkage of case  Sunnah links the case with well-known principle of Quran  Example Quran permits to eat good things, Forbid to eat khabaith , Sunnah categories of animal with Molars (Peesne k daant) and birds with Claw (Panjay) 6.General principle laid down by Sunnah  Sometime Sunnah lays down a general principle but sunnah explain them for the benefit of the humanity  Example “NO Injury is to be caused or to be borne” while Quran says, ”INJURY TO OTHERS HAS BEEN PROHIBITED” 11) Kinds of Sunnah Following are the kinds of sunnah. 1. Sunnah Al Qauliyah  These are Saying or narration of the Holy Prophet (P.B.U.H) and the main object of the sunnah is to explanation of Ahkams 2. Sunnah Al Failiyah
 These are deeds and practices of the Holy Prophet (P.B.U.H) such as his prayers ,fasts etc. these kind of sunnah are purely based on practical 3. Sunnah Al Taqririyah  These are Commission of certain acts by words or deed of the Holy Prophet (P.B.U.H).If something was done before Holy Prophet (P.B.U.H) but Holy Prophet (P.B.U.H) remained silent and Such silence also would be considered as Sunnah 12) Relation of Quran with Sunnah  Sunnah is mode of interpretation & elaboration of Quran. Sunnah does not go against Quran and Quran does not go against Sunnah. Sometimes it becomes difficult to maintain that these are two separate sources 13) Conclusion  Quran major and primary source of Islamic law and Holy Sunnah helps jurists in this regard. As well as validation of other sources is by Quran. One of the biggest feature of Holy Quran is that it doesn’t has details in it for multiple general rule laid down in it and in this regard jurist has to recourse the sunnah for explanation of these rules. Quran is not a book of law but book of guidance for humanity.