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  4. The Sources of Islamic Law

The Sources of Islamic Law

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  • Z Offline
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    zenje
    wrote on last edited by
    #4

    Chapter 68
    36. What is wrong with you, how do you judge?
    37. Or do you have another book which you study?
    38. In it, you can find what you wish?
    39. Or do you have an oath from Us, extending until the Day of Resurrection, that you can judge as you please?

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      Buzzzor
      wrote on last edited by
      #5

      Darn I love you guys! P

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        TheNabi
        wrote on last edited by
        #6

        Salaam Ansar,

        Even though I've reason to doubt your belief that there are other sources of law for the deen , I've a question to ask of you. How often or likely is it that a layman muslim could utilize the quran along with the ahadeeth of Muhammad to understand the deen? I mean this in a way where there is no need for numerous leaders to point out everything even though together these 2 sources should be complete.

        Joe

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          Ansar
          wrote on last edited by
          #7

          Al-Quraan replies

          Say "Shall I seek for JUDGE other than God? - when He it is Who hath sent unto you THE BOOK, explained in detail." They know full well, to whom We have given the Book, that it hath been sent down from thy Lord in truth. Never be then of those who doubt (6/114)

          Yes, why do you follow free-minds.org instead of the quran? Besides that, even free-minds.org recognizes that they accept other sources besides the quran. They accept statements of human beings when the answer is not clearly stated in the quran.

          The quran says we must follow what Allah says. And Allah says we must follow the prophet.

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            mquran
            wrote on last edited by
            #8

            Salaamun alaikum Ansar,

            Yes, why do you follow free-minds.org instead of the quran? Besides that, even free-minds.org recognizes that they accept other sources besides the quran. They accept statements of human beings when the answer is not clearly stated in the quran.

            I don't. I think over issues for myself. I agree with not many of the articles of free-minds. The stimulation they give me is fantastic though and I'm grateful for that.

            The quran says we must follow what Allah says. And Allah says we must follow the prophet.

            Fully agree. Nor did Al-Quraan leave out WHAT IT MEANS to 'follow the prophet' either, masha Allah. Al-Quraan records this response of his

            But when Our Clear Signs are rehearsed unto them, those who rest not their hope on their meeting with Us, Say "Bring us A QURAAN OTHER THAN THIS OR CHANGE THIS," Say "It is not for me, of my own accord, to change it I FOLLOW NOTHING BUT WHAT IS REVEALED TO ME if I were to disobey my Lord, I should myself fear the penalty of a Great Day (to come)." (10/15)

            So if you want to follow the messenger, you have the book.

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              drfazl
              wrote on last edited by
              #9

              The Sources of Islamic Law I

              Say Obey Allah and obey the Messenger; and, if you turn away, Allah does not like those who reject. (Q.332.)(Q.3132.)(Q.4733.) Q.350; Q.26108, 110, 126, 131, 144, 150, 163, 179; Q.4363). There are many other similar verses.

              We have to follow and obey Allah first! And then, follow rasul. In the absence of rasul never follow anythingelse or anybodyelse other than the two mentioned, for, allah has not directed us to follow anythigelse/anybodyelse other than Allah and His rasuls. so hadiths and the sahabas are thrown away, out of this deen.

              1. The Qur'an

              Firstly, of course, we have the Qur'an, "a sending-down from the Lord of all the worlds" (Q.5680), "which no falsehood approaches, either from in front of it or from behind; a sending-down from Wise and Praiseworthy" (Q.4142).

              Is Quran with Allah or with us? Is the Quran in the protected tablet, the Luvhul mahful Guarded by Allah? Or do we consider the Quran is the first copy of the Book protected in any of our world class museum as a dead material publication?

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                drfazl
                wrote on last edited by
                #10

                The Sources of Islamic Law II

                But, as with any linguistic text, there are potential problems. It is necessary to determine, for instance, whether an expression is to be taken generally, or whether there are exceptions to it. Thus, for example, the punishment of being flogged a hundred times for zina (fornication, illicit sexual intercourse) in Q.242 - "A woman who fornicates and a man who fornicates - flog them both a hundred times" - is understood to refer specifically to free men and women rather than all men and women because of the judgement in Q.425 to the effect that slave-girls, and thus slave men as well, who are guilty of the same offence should only be punished with half the punishment stipulated for free men and women, i.e. being flogged fifty times rather than a hundred. (The relevant part of Q.425 reads "and if they are married and then commit adultery, they should receive half the punishment prescribed for free women".) The second verse is thus taken as an exception to the general ruling in the first. This comes under the uslis' heading of al-amm wa-l-khass ("what is general and what is specific").

                We all know there are 2 levels of understanding of Quran

                1. Muhakamath verses having the HIKMATH of Allah; this is the basic of quran. Unless Allah Bestows His Hikmath, there is no way we can get at the verses, clear. Our literal languages can never reach the Hikmath, Quran is an universal language which can be taught by Allah alone through Reminding ourselves!

                2. Mutashabihath verses having the meanings like the torrential down pour from the heavens; the grace and mercy from Allah. Allah alone knows and keeps well guarded such Grace and Mercy and HE does reveal it to who He Wishes.

                Thus every single verse of the Quran has both the components and compliments in it from Allah, the Hikmath (muhkamath) and the Grace ( mutashabihath)

                002.269
                He granteth wisdom to whom He pleaseth; and he to whom wisdom is granted receiveth indeed a benefit overflowing; but none will grasp the Message but men of understanding.

                We are only minding about the language of men and men of knowledge in literal language seeking the meanings of the ayats by groping into the dictionaries and grammar. No way. Serious handicap this ! 242; 425 and any such ayats canot be understood by our language but by only Allah's grant. Close the dictionaries and turn to HIM alone for Guidance.

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                  drfazl
                  wrote on last edited by
                  #11

                  The Sources of Islamic Law III

                  The Sources of Islamic Law

                  It may also be that an expression which is unqualified in one part of the Qur'an is qualified elsewhere should the first expression thus be understood to be qualified in the same way? An example of this would be the phrase fa-tahriru raqaba ("then the freeing of a slave") in Q.583, referring to the kaffara ("expiation") for breaking the oath of zihar, while the kaffara for accidental killing mentioned in Q.492 is referred to using the phrase fa-tahriru raqabatin mumina ("then the freeing of a believing slave"). Would a slave freed for the kaffara of zihar have to be "believing", i.e. a Muslim, as well? (Malik and al-Shafii said "Yes", while Abu Hanifa said "No.") This comes under the uslis' heading of haml al-mu?laq ala l-muqayyad (i.e. assuming an unqualified expression to be qualified in the same way as its qualified counterpart elsewhere).

                  If the above verses Q.583, Q.492 are taken for discussion for the purpose of our guidance, then answer these questions. The Quran is for all time and for all men of all the worlds. Right ? If this is true, do we have slaves with each of us and in each one of us? If so, who are the slaves and where are we keeping them? If it is purposeless i.e., if each of us discussing here have no slaves with us or within us, then this discussion on the ayats mentioned is futile and only playful.

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                    drfazl
                    wrote on last edited by
                    #12

                    The Sources of Islamic Law IV

                    The Sources of Islamic Law

                    Similarly, it is often of importance when understanding the meaning of a passage to know something about the circumstances in which it was revealed. This involves the knowledge of the "circumstances of revelation", or asbab al-nuzul (sing. sabab al-nuzul). Thus, for example, the phrase wa-la jidala fi l-hajj (Q.2197) ("and no argument during the hajj") is explained by Malik in the Muwatta as referring to the arguments that the Quraysh and various other tribes used to have in the pre-Islamic period concerning where the rite of "standing" should take place; now that these places had been decided and the correct sunna of doing the hajj was known, there was no longer any need for argument during the hajj about the hajj, that is, about where the various rites should take place. This interpretation by the sabab al-nuzul of the aya thus implies that "argument" in this context is not to be understood in the general sense of any argumentation during the hajj but rather in the specific sense of argument during the hajj about the hajj. However, the general rule usually observed in this context is that one goes by the general sense of such words rather than simply the specific meaning suggested by the occasion of revelation (al-ibra bi-umum al-lafz, la bi-khusus al-sabab).

                    The clear deviation from Allah and His rasul has started. Shaitan's path is opened up

                    Furthermore, it goes without saying that all these issues of textual interpretation demand a firm knowledge of the Arabic language.

                    We all know there are 2 levels of understanding of Quran

                    1. Muhakamath verses having the HIKMATH of Allah; this is the basic of quran. Unless Allah Bestows His Hikmath, there is no way we can get at the verses, clear. Our literal languages can never reach the Hikmath, Quran is an universal language which can be taught by Allah alone through Reminding ourselves!

                    2. Mutashabihath verses having the meanings like the torrential down pour from the heavens; the grace and mercy from Allah. Allah alone knows and keeps well guarded such Grace and Mercy and HE does reveal it to who He Wishes.

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                      drfazl
                      wrote on last edited by
                      #13

                      The Sources of islamic Law V

                      The Sources of Islamic Law

                      The men who later systematised this science isolated five different types of Qur'anic statement from which judgements can be derived

                      We have started following the men/shaitans instead of following Allah and His rasul alone. In the absence of rasul why go after men? What happened to Allah? Why not follow HIM? Is He dead too with rasuls in our reckoning ? How did we choose to go behind men?

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                        drfazl
                        wrote on last edited by
                        #14

                        The quran says we must follow what Allah says. And Allah says we must follow the prophet.

                        The Quran says Follow Allah and follow rasuls;
                        Allah says follow Me and my rasuls;
                        Why you go after men now, while Allah is still alive?

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