SLIDES file # 2 Course No: ISL 110 Course Title: Islamic Culture Instructor: Sir David Ochieng Chapter 1 :Sources of Islamic Legislation

SOURCES OF ISLAMIC LAW QURAAN AL-IJMAH Al-Ijtihad SUNNAH QIYAS Al-Istihsan Al-Masalih al-Mursala Sadd al-Dharai Al-Urf Al-Istishab Sharu min Qablana Qawl al-Sahabi 4 schools of Sunni Jurispr- udence

ISLAMIC LAW (SHARIAH) Means Straight Path Code of Law for Islamic Way of Life Contains Divine Instructions Covers every sphere of Life Classified as Obligatory (compulsory), Recommended, Indifferent, Reprehensible, and Forbidden

Outlines What is Quran? The difference between Quran and other religions. Revelation period Purpose of the Quran Why was the Quran written in the prophets life time? On what basis did Muslim scholars believe that the Quran was built? The Holy Quran History of Quran

What is Quran? The last and complete book All Muslims believe in it Guide all Muslims into a better and faithful life.

The difference between Quran and other religions Revealed to the prophet on different occasions Other religions example Torah were revealed on a single occasion A period of twenty two years (Quran)

Revelation period First sura is al-Alaq In the month of Ramadan ninth month of the Arabic calendar In Makkah

Purpose of the Quran Guidance and primary teaching for mankind Solve a particular question Deal with the requirements of a particular occasion General advice for the people

Why was the Quran not written during the prophets life time? Interpret obscurities Elimination of any misconstruction Deletion or interpolation

On what basis did Muslim scholars believe that the Quran was built? Relief of mans burden: remission of duties when the person is not able, under special circumstances to fulfill his duties E.g. sick people do not fast in the month of Ramadan.

Gradual legislating Eliminates bad behaviors from the society such as drinking wine

THE QURAAN Muslims believe in all the Heavenly Books The Last and Complete Book In Original Form Widely read Book Has 30 Parts, 114 Chapters, 6666 Verses For Guidance of Humanity Every word is preserved Beyond Time and Space

Surely, we have revealed this reminder and We verily are its Guardian In Living Arabic Language Living Proof of the Existence of Allah Subject Matter is Man and its Goal Our Success in obeying the Quraan

The sunna is the way or deeds of Muhammad in Sunni Islam, and the twelve Imams in Shia Islam. Muhammad Messenger of Allah lived his life.

No devout Muslim would ever dare to go against the teachings of the Qur'ân and Sunnah, but it is regrettable to note that some of the liberal elite tend to raise the slogan that the Book of God (i.e. the Qur'ân) is enough and that there is no need at all for the Sunnah of the Prophet (P.B.U.H)

Slogans like this are raised mainly by people who want to get rid of the Islamic Law (Arabic: Sharee'ah) completely. The Sunna of the Prophet, upon him be peace and blessings, being every act, saying and confirmation of Gods Messenger, upon him be peace and blessings, is the second source of Islamic legislation after the Quran.

The Holy Quran enjoins the Muslims, in many verses, to follow the Sunna, as do numerous authentic Traditions of the Prophet himself. The Sunna is inseparable from the Quran. Sunna has been studied almost with the same care as the Quran.

The Various purposes of Sunnah 1. The Sunna explains Qur'ânic injunctions in detail. 2. The Sunna can establish a specific meaning when a number of meanings are possible. 3. The sayings of the Prophet Muhammad (Arabic: ahadith) explain some historical events in detail since they are mentioned only briefly in the Qur'ân

The Sunna can specify exemptions from a general injunction. 5. Deduction of a similar injunction in an analogous case. 6. The Prophet, peace be upon him, gave additional injunctions in a number of issues. 4.

1.Confirmatory Sunna 2.Interpretatory Sunna 3.Rule establishing (legislative) Sunna

THE SUNNAH Means path or example Practices of Prophet peace be upon Him Explanation of Quraan We have sent down to you the message; that you may explain clearly to men what is sent for them He who obeys the messenger, obeys Allah.

Preservation of Sunnah Companions memorized the sayings Instruction to Abdullah, Write down, for I only speak the truth Some people didnt write with fear of mixing Quraan and Sunnah Omar Bin Abdul Aziz ordered to write Ahadith

Collection of Ahadith Ahadith very carefully collected in 3 rd Century Many Books but six collections the most authentic.

Sahih Al-Bukhari by Muhammad bin Ismail Sahih Muslim by Muslim Bin Hajjaj Sunan Abu Dawud by Suleiman Bin Ashath Sunan Ibn Majah by Muhammad Bin Yazid Jamia At-Tirmidhi by Muhammad Bin Eisa Sunan An-Nasai by Ahmed Bin Shuayb

THE AL-IJMAH Collective Decision of Muslims on new matters Prophet (peace be upon Him) got suggestions and decided accordingly. But the decision of the Prophet was taken as final Regular Al-Ijmah started at the time of Caliphate

The Caliph got suggestions on new matters and made collective decision Their selection procedure, expansion of mosques, regular defence forces, collection of Quraan, Ahadith, Fiqh etc are the examples

It is accepted that Islam has solution of every Problem of every time and place. How to solve problems in Current Modern Islamic World?

THE QIYAS Means comparing one thing with another similar thing Used to solve modern problems by finding something similar in the Quraan / Ahadith. Muslim jurists expanded legal principles. Qiyas widely discussed as Muslims seek to find answers of different new problems

Quraan confirms the necessity of Qiyas:- Whenever these people hear any news concerning peace or danger they make it known to all, instead of this, if they should convey it to the Messenger and to the responsible people of the community.

it would come to the knowledge of such people who among them are capable of shifting it and drawing right conclusions from it

Hadith confirms the Qiyas:- The Prophet asked him, O Muadh, How will you judge when the occasion arises. Muadh replied, I will judge in accordance with Allahs Book. The Prophet asked, What will you do if you cannot find guidance in Allahs Book.

Muadh answered, I will act in accordance with Allahs Messengers Sunnah. The Prophet asked, What will you do if you find no guidance in Messengers Sunnah. Muadh replied, I will do my best to form an opinion and spare no pains.

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