BWFS2073 : USUL FIQH

“AL-QURAN AS THE MAJOR SOURCE OF

ISLAMIC LAW"

INTRODUCTION

Law, in classical Islamic theory is the revealed will of God, a divinely ordained system preceding and not preceded by the Muslim nation, controlling and also not controlled by the Muslim society. Actually, for the early evolution of Islamic law, the Islamic jurisprudence or the mufti are responsible for it and their important contribution to its continued flourishing and adaptability through the century. In this concept, Islamic law is understand by via the employment of Fiqh, that designates academic discussion and consideration for the divine law. It focuses on the divine scriptures in order to create the law and to confer its authorithy. As we know, the sources for the Islamic law has been divided into two which is, primary sources and secondary sources. The Al- quran or Al- kitab represent the most important sources of Islamic law, that is the ultimate word of the divine. The word of Al-quran, indicates the significance of textual authorithy in the Islamic in the Islamic legal mind. Therefore, it also implies what was composed and given by God. So, it makes this primary sources of Islamic law, must to be respected more than any human made laws.

DEFINITION OF CONCEPT BY JURIST

In literally, Al-Quran means recitation or something that is continuously recited by Muslims. The jurists was derived it from four root words and each of them bring the individual meanings:-

1. “Qara’a” The literal meaning is to collect or to compile which means quran is a holy book that collected

and codified under Allah’s protection. The jurist state that the collection of Al-Quran ayah will remains unchanged and still in its actual state until the Judgement Day .

2. “Qar’ana” • The meaning is a union or conjunction, which is refer to literal physical existence of the quran

and its properties. So, the quran actually given a special name caused of the combination of its letters that join to form ayahs, then form surah and produce a quran .

3. “Qira’athun”• It’s means to read or to recite. It is the basis features to Al-Quran self because it owns special

character which support the function of quran that reads by Muslims 24 hours over the world especially during the solah and the readers also increase during the Ramadhan because Muslims recite it everyday even fasting including in special tharawih prayers

4. “Qira’in”• It is the plural of “qarina”. It means evidence, argument or symbol which how one verse will be

interprets and give urgement.

In the terminology, the jurists was define Al-Quran as the Arabic speech by Allah SWT that revealed to Prophet Muhammad saw covers the word and meaning.

The elaborations are:- Arabic Speech by Allah SWT• It means any revelation that not in Arabic language is not Quran Revealed to Prophet Muhammad saw• This holy revelation only to Prophet Muhammad saw so, nobody else

can charge Allah SWT also reveal it to them. A Challenge to Mankind• This holy book contains the highest quality of language and meaning.

So, it challenge the human especially Arabs to create the same quality of ayah if they are not believe the Quran is not made by human.

Mutawattir• It means many narrators of Islam narrated it’s ayahs in detailed which

shown there are no lied or mistake made.

THE BASIS OR AUTHORITHY OF THE CONCEPT/ PRINCIPAL FROM AL-QURAN,

SUNNAHIslamic law is the code of conduct which had been followed by the Muslims and has its own basis or authorithy in two main sources which is Al-quran and also the Sunnah.The Islamic law had prescribes a complete code of laws to guide mankind towards establishing good and removing the evil from society.. Al-quran is the main source of the Shariah and lay out the main principle. Meanwhile, the Sunnah, provides the guidance for the application of the principles that are laid down in the Al-quran. Generally, the basis or authorithy of Islamic law actually had been discussed by the Al-quran and Sunnah.The Quran consists of manifest revelation which is Wahy Zahir - direct communication in the words of Allah. This is different from Wahy Batin - non-manifest revelation that consists of inspiration and conceptsActually, the larger part of the Quran was revealed in Mecca and rest in Madinah. The Mecca revelations mostly deal with beliefs, disputation with unbelievers and their invitation to Islam. But for the Madinah verses, apart from the foresaid, deal with legal rules regarding family, society, politics, and economics. The verses is considered Mecca if its revelation started in Mecca, even if it contains Madinah period verses.

The text of the Quran which reported in clear words - Alfaz al Waziha which has only one meaning are considered Qati also in terms o f meaning (Dalalah). Qati have significance in the matter of belief and in the gradation of Ahkam into Fardhu, Wajib, Sunnah, Haram, and Makruh.In the Usul al Fiqh, Sunnah - the source of Shariah next to the Al- Quran. But to the Ulama of Fiqh Sunnah primarily refers - Shariah value which is not obligatory but falls in the category of Mandub or recommended. But as a source, Sunnah can create obligation which is wajib, Haram, and also Makruh, . In the technical usage Sunnah and Hadith have become synonymous to mean conduct of the Prophet Muhammad , which is the Sunnah of the Prophet (SM) is a proof (Hujjah). Sunnah also explains and clarifies the Al-quran as in the case of Salat, Zakat, Hajj, Riba and many other matters of transactions.Another part of Sunnah which is called Sunnah al Muassisah or founding Sunnah such as prohibition of marrying paternal or maternal aunt or the right of pre-emption in property (shuf') cannot be traced in the Quran and originate in the Sunnah. According to the majority of Ulama of Usul- the authority of Mutawatir is equivalent to the Quran and gives positive knowledge, the denial of Mutawatir Hadith or Sunnah is equivalent to denial of the Quran.

DISCUSSION ABOUT THE CONCEPTS AND THE JURIST JUSTIFICATIONS

• Al-quran is a guidelines to the mankind which cover the comprehensive need and proper human conduct. It is actually consists of manifest revelation or ‘Wahy Zahir which shown the direct link or communication in the words of Allah and it deals with all subjects that relate to human beings which including the muamalah, ibadah and akhlak.

• The jurist classified manifest revelation in the quran is contradict with the hadis of the Prophet Muhammad saw because the hadis actually is the non-manifest revelation or Wahy Batin. The jurists stated that the text (nazm) and the meaning (maa’ni) together constitude in the Quran.

• The discussion of it’s contents relate to definitive (Qati) and speculative (Zanni) which discussed in the terms of text and it’s meaning while the whole of Quranic text is conclusive.

• The verses in the Quran can be divided into two parts which are in the form of religious obligation (ayat taklifiyyah), and the second one is cosmic phenomena (ayat takwiniyyah).

APPLICATION OF THE CONCEPT / PRINCIPAL IN MODERN TIMES

Prohibition of Usury or Riba• “ O those who believe do not eat up riba doubled and redoubled.” Al- Quran (Ali –Imran: 130).• the verse was revealed a clear prohibition of riba because it’s disadvantages as increase an

individual assets but consequences of this economy system will yield so many disaster including reduce public wealth.

• practicing of the circulation of wealth as the duty to the mankinds. Duty of Spreading or Distribute the Wealth• “ Whatsoever Allah may restore unto His Messenger- is due unto Allah and unto His

Messenger- the orphans and the needy..so that it may not be confined to the rich amongst you” (Al- Hashr :7 ).

• The basis principal in economy is not only to achieve the profitability without care of the labours, poorest, or doing suppression in economy but the main objective is to get blessing from Allah SWT by follow the Syariah.

Ethical In Financing Or Economy Activities• “ And give full measure when you measure out, and weigh with true balance” (Quran, 17:35)• In this ayah, Quran teach us to be justice and maintenance in all aspect of activities.

CONCLUSION

As a conclusion, , Al- quran or Al- kitab, represent the most important sources of Islamic law, which is being the ultimate word of the divine. The word Al- kitab indicates the significance of textual authorithy in the Islamic legal mind. It therefore, also implies what was composed and given by the God, this first source of Islamic is to be respected than any human made laws. The elaborations for the word of Arabic speech for the Islamic law had rely on the Arabic speech of Allah s.w.t, revealed to the prophet, challenge for the mankind, revealed in word and meaning, and also mutawwatir. So, the Quran actually has been transmitted to humankinds by continuous testimony or tawatur. The ulamak or Islamic jurists also agreed that Al-quran is the major source of shariah or Islamic Law which can be proved in many book written by Islamic jurist such as in English translation of Muwafaqat Fi Usul Al-shariah by Ibrahim ibn Musa Shatib.Lastly, even though today has faces many development especially in policy, regulations of the law and the legal doctrine but it did not affect the constitutions of the phenomenon of the Islamic law. With or without these changes, Islamic law for our present purposes, would have remain the same.