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Quran As A Source of Islamic Law

The document discusses the Quran as a major source of Islamic law. It provides background on the Quran, describing it as the direct revelations from God to the Prophet Muhammad. It was revealed over many years to provide guidance. The Quran contains general principles and specific cases that were used to derive Islamic legal rulings. It addresses various legal topics like contracts, marriage, inheritance and more. Islamic jurists have developed detailed rules and interpretations from the teachings and principles laid out in the Quran.

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0% found this document useful (0 votes)
1K views26 pages

Quran As A Source of Islamic Law

The document discusses the Quran as a major source of Islamic law. It provides background on the Quran, describing it as the direct revelations from God to the Prophet Muhammad. It was revealed over many years to provide guidance. The Quran contains general principles and specific cases that were used to derive Islamic legal rulings. It addresses various legal topics like contracts, marriage, inheritance and more. Islamic jurists have developed detailed rules and interpretations from the teachings and principles laid out in the Quran.

Uploaded by

Mehwish Taimoor
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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The University of Lahore:


Post graduate institute of law
 
 
 
L.L.M
Spring: 2017
Mid-term Assignment
On
ISLAMIC LAWS:
Name of teacher: Dr. Jamil Ahmad
Shahzad
Name of student: Tayyaba Yaqub
 
 
 
Question:
Discuss “Quran” as a major source of Islamic law.

Answer:
Introduction:
The Holy Quran is the name of the Book consisting of those direct revelations
which were made to the Prophet Muhammad (P.B.U.H). It is the very word of
Allah. It was revealed piecemeal according to the needs of the people. Most of the
verses containing rules of law were revealed with reference to cases which arose
during the life time of the Holy Prophet (P.B.U.H.). Sometimes Allah repealed
certain previous laws and revealed others in their places which were suitable to the
needs of the society.

When two texts are really in conflict, the one earlier in date is taken to have been
repealed by the one later in date, as it cannot be conceived that Allah intended that
two inconsistent laws should be in force at the same time.

 The authority to make law vest in Allah, who has the supreme legislative power in
the Islamic Law. He is the only Lawgiver. Allah revealed the laws to his
Messengers from Prophet Adam to Muhammad (P.B.U.H). During this long time
Allah changed, modified and repealed the laws according to the changing needs of
the time.

Sobhi Mahassani says:

That whenever there arose a dispute over any matters, Allah repealed the verses
embodying rules of law in order to decide the cases in accordance with law. Such a
law was most suited to settle the question because Allah in His Wisdom better
knows the remedy of their ills.

There are some verses in the Quran which were revealed in order to repeal some
bad customs that existed before Islam, e.g. infanticide, gambling and unlimited
polygamy , etc. it also contain verses about social reforms like the questions of
succession and strictly in accordance with norms of Islam. It also includes the
penal laws for the purpose of maintaining peace and tranquility in the society.
These principles of law ensure the security of life and property in social life. In
Islam, law cannot be separated from justice. The goal of Islamic justice is to create
such a healthy atmosphere wherein all the fundamental rights, security of life and
property can be guaranteed.

 The Quran contains general injunctions which have formed the basis of important
juristic inferences. It also contains various orders, injunctions and communications
which embody the fundamental principles regarding devotional matters and
transactions. It is the book which is a Guide to religious and temporal affairs. The
references of law are chiefly in Sura-AL-Baqra, AL-Nisa, Ale-Imran, AL-Madia,
AL-Noor, AL-Talaq, Sura-Bani Israel.

Dr.Saeed Ramadan enumerates Family laws in seventy injunctions, civil laws in


seventy, penal law in thirty, jurisdiction and procedure in thirteen, constitutional
laws in ten, international relations in twenty-five and economic and financial order
in ten numbers.

The Holy Quran is a code of conduct lying down the fundamental principles and
not the detailed provisions and duties and to decide the matters of disagreement
and dispute.

 
 
 
 
 
 
 
 
 
Meaning of Quran:
Quran is derived from the Arabic word Qir’at which means “to dead” “to read” “to
recite”

 
Definition of Quran:
Many jurists have attempted to define the Holy Quran, but they maintain that the
purpose of definition is not to grasp the nature of the Quran.

 Definiti on by Al-Bazdawl:

“The Quran is the book revealed to the messenger of Allah, Muhammad (P.B.U.H)
as written in the masahif and transmitted to us from him through an authentic
continuous narration without doubt”

 
Attributes of the Holy Quran:
There are 55 alternative names and attributes of the Holy Quran e.g. AL-Kitab, Al-
Furqan, AL-Noor, etc.

 
Divisions of the Holy Quran:
The Holy Quran is divided into 30divisions called Ajza or Paras and into 114
chapters called Surah. This consists of 6666 verses. These verses divided in three
portions.

First portion: deals with religion and duties e.g. belief in one Allah, His prophets’,
day of judgments.

Second potion: deals with Quranic ethics.


Third portion: deals with Muamalat. It regulates the relationship of individuals
among themselves, with state, etc. it deals with sales and purchase, lease or
mortgages, evidence, torts, and contract ect.

 
Kinds of verses:
The Explicit: the explicit commands are styled by Allah as apparent. These are
self-contained commandments of Allah.

The Implicit: the implicit or non-explicit are those which need explanation and
expounding.

 
Salient features of the Holy Quran:
Following are the salient features of the Holy Quran:

1.     Unlimited

2.     Comprehensive

3.     Absolute

4.     Unconditional

5.     Dynamic

6.     Organic

7.     Duty of protection.

 
Contents of the Holy Quran:
Following are some contents of the Holy Quran:
1.     Stories:

Quran narrates the stories of the past prophet and the people and the punishments
inflicted on the wicked in the past, for instance, the story of Hazrat Mussa,Hazrat
Abrahim,Hazrat Iesa,Hazrat Yousaf, and the people of cave etc. 

2.     Seen or unseen:

The Holy Quran lets us know about the seen and unseen Allah, the angles, and the
life after death, day of judgments, paradise and hell and so forth.

3.     Create of universe:

The Holy Quran gives account of the heaven, earth and of man himself.

4.     Code of life:

The Holy Quran is a complete code of behaviors’ good, injunctions and the
teaching in regards to social, lawful, economic, and political matters.

 Ahkam in the Holy Quran:


Two main categories of Hukam have been classified by the Muslim jurists:

Hukam Taklifi:

The term taklif indicates the presence of difficulty in any act. Hukam-e-taklifi is a
hukam which demands from human being to do a particular act in a specific way.
Following are the classifications of act:

1.     Wajab: these are obligatory hukams.

2.     Mandeeb: these are recommended act. To obey them is recommended and


disobey is not a sin.

3.     Haram: these are forbidden acts, doing anything haram is strictly forbidden


and is a sin.
4.     Makruh: these are ahkam recommended to be avoided.

5.     Mubah: these are acts of indifference these are neither prohibited nor


recommended.

Hukam Wadi:

 The aim of hukam wadi is to either inform a subject that certain thing is a cause of
condition for or obstacle to a hukam or is to explain the relationship that exists
between two rules or to provide the criterion for judging whether an act perform is
valid or not. 

In other words Quran makes distinction between Halal (lawful) or Haram


(unlawful) by providing clear and unambiguous instructions.

The Holy Quran says:

“O you people! Eat of what is on the earth


lawful (halal) and good; and do not follow
the footsteps of Satan for he is your avowed
enemy”         AL-BAQARA: 168

Methods of deriving laws from Quran:


Law can be deriving through:

1.     Established fundamental verses.

2.     Through sunnah interpreting the verses of Quran.

3.     Through Ijtehad on the verses

4.     Through Ijma of Ummah

5.     Through Qiyas on the verses.

 
Category of law revealed:
Most of the verses containing rule of law were revealed with reference to the cases
which arose during the life time of the Holy Prophet (P.B.U.H.). These may be
categorized as under:

Abrogating verses: verses which were revealed in order to repeal some bad


customs that existed before Islam, e.g. infanticide, gambling and unlimited
polygamy

Verses affecting social reforms; verses which affect social reforms like share of
woman, setting the questions of succession and inheritance on equitable basis.

Verses providing rights: verses providing protection for the rights of minor and
other persons under disability.

Penal verses: verses providing principles of punishments for the purpose of


securing peace and order.

Legal verses: there are the verses providing constitutional and administrative


matters, these verses principally occur in the Madni Surah.

 
Legislative functions of Quran:
Holy Quran deals with both civil and criminal laws.

Quranic reference on the law of contract:

                        The Holy Quran explains law of contract:

“O ye who believe; when you contract debt


for a fixed term reduce it into writing.”

“O ye who believe fulfill your agreements.”

                                                AL-MADIA:1

Quranic reference on marriage:


                        About marriage following verse revealed.

“Marry of the woman who seems good for you”.

                        AN-NISA:3

“And marry those among of you who are single


and of the salihoon of your salves and maids…”

                        AL-NOOR: 32

Quranic reference on dower:

In Islam the women get dower on nikah or marriage. The law or


orders about dower were revealed in following verse.

“And give the women their dower as a gift


but if they, of their own good pleasure, remit
any part of it to you, take it and enjoy it with
right good cheer.”

                        AN-NISA:4

 Quranic reference on khula:

Islam give right to a women get khula. In this regard following verse
is revealed.

“If a wife fears cruelty or desertion on her


husband’s part, there is no blame on them if
they arrange an amicable settlement between
themselves: and such settlement is best;
even though men’ souls are swayed by
greed. But if ye do well and practice self-
restraint, Allah is well acquainted with all
that ye do.”

                        AL-BAQARA:128

Quranic reference on divorce:

                        The following verse is about divorce,


“When ye divorce women, and they fulfill
the term of their (Iddat), do not prevent them
from marrying their (former) husbands, if
they mutually agree on equitable terms. This
instruction is for all amongst you, who
believe in Allah and the Last Day. That is
(the course making for) most virtue and
purity amongst you and Allah knows, and ye
know not.”

                        AL-BAQARA:232

Quranic reference on the law of inheritance:

For inheritance there is a clear law in Holy Quran following Verses of


surah An-Nisa explains the procedure and portions of inheritance in
Islamic laws;

“From what is left by the parents of those


nearest related there is a share for men and a
share for women, whether the property is
small or large, a determined share.”

           AN-NISA: 7

            Allah further says:

“Allah directs you concerning your


children: to the male a portion equal to; that
of two female, if only daughters, two or
more their share is two third of the
inheritance, if only one her share is a half.
For parent, a sixth share of the inheritance to
each if the deceased left children, if no
children and the parents are the only heirs,
the mother has a third, if the deceased left
brother (or sisters) the mother has a sixth.
The distribution in all cases is after the
payment of legacies and debt. Ye know
whether your parents or your children are
nearest to you, if benefits these are settled
portion ordained by Allah and Allah is
knowing’s all wise. ”

           AN-NISA:  11

            Allah further says:

“In what your wives leave, your share is a


half if they leave no child yet get a fourth,
after payment of legacies and debts. In what
ye leave the share is a fourth if ye leave no
child. But if ye leave a child they get an
eighth, after payment of legacies and debts.
If the men or women whose inheritance is in
question has left neither ascendant nor
descendant, but has left a brother or sister,
each one of the two get a sixth, but if more
than two they share in a third. After payment
of legacies and debts, so that no loss is
caused (to anyone) thus is it ordained by
Allah and Allah all knows, most
forbearing?”

           AN-NISA:  12

            Another verse about inheritance:

“they ask thee for a legal decision say;


(Allah direct thus) about those who leave no
descendant or ascendant, as heirs, if it is
man that dies, leaving a sister, but no child,
she shall have half the inheritance if (such a
deceased was), a women, who left no child
her brother takes her inheritance if they are
two sisters, they shall have two third of the
inheritance (between them) ; if there are
brother and sisters (they share), the male
having twice the share of the female, thus
doth Allah make clear., to you (his law), lest
ye err , and Allah has knowledge of all
things.”
           AN-NISA:  176

 Quranic reference on Homicidal:

                        Allah unappreciated the homicidal by saying:

“Don’t kill a soul which Allah has made


sacred except through the due process of
law.”

                        AL-AN’AM: 15

Quranic reference on theft:

The punishment of a thief is cutting his hand according to this verse of


the Holy Quran:

“As to the thief, male or female, cutting of


his or her hand.”

                        AL-MA’IDAH: 38

Quranic reference on adultery:

                        Allah explains the punishment of adultery in Holy Quran by saying:

“The woman and man guilty of adultery or


fornication, flog each of them with a
hundred stripes.”

              AL-NOOR: 2

Quranic reference on murder:

                        Allah explains it in Holy Quran as following words:

“The free for free, the slave for slave, the


women for women”

                        Al-Baqara: 178

Quranic reference on judicial issues:


                        As Allah says in Holy Quran:

“We have sent down to you the Book in


truth so that you may judge between men as
guided by Allah”

                        An-Nisa: 105

Quranic reference on independence of judiciary:

                        In Holy Quran Allah says:

“O ye who believe, stand out firmly for


justice, as witness to Allah, even as against
yourselves, or your parents, or your kin and
whether it be against rich or poor, for Allah
can best protect both, follow not the lust of
your heart, lest ye swerve and if ye distort
justice or decline to do justice, verily Allah
will acquainted with all that ye do.”

            An-Nisa- 35

                        Another surah Allah says:

“O ye who believe, stand out firmly by


Allah as witness to fair dealing and let not
the hatred of other to you make you swerve
to wrong depart from justice. Be just that is
next to piety, and fear Allah, for Allah is
well acquainted with all that ye do.”

            Al-Maidha: 8

 
 
Abrogation by Holy Quran:
Abrogated or mansookh verses are particular verses that were overtaken by verses
revealed at a later date, the nasikh verses. The Holy Quran says,

None of our revelations do we abrogate


(nansakh) or cause to be forgotten, but we
substitute something better or similar: do
you know that Allah has power over all
things:

                        Al-Baqara: 106

 
 
Verses about how to recite Holy Quran:
 

This verse confirms the concept of nasikh and mansookh in the Holy Quran. An
example of nasikh and mansookh is given in two verses in the same surah relating
to prayer.

In surah Al-Muzammil it is said,

O you folded in garments! Stand by night


but not all night half of it, or a little less, or a
little more; and recite the Quran in slow,
measured, rhythmic tones.

Al-Muzammil: 73.1-5

At the end of the same surah is a long verse that provides these details more
clearly.

Your Lord knows that you stand almost two-


third of the night, or half of the night, or a
third of the night, and so does a party of
those with you. But Allah appoints night and
day due measure. He knows that you are
unable to keep count of it. So He has turned
to you: therefore, read from the Quran as
much as may be easy for you.

 Al-Muzammil: 73-20

Here, the prophet Muhammad and his followers are advised more definitely to be
moderate in the time they devote to prayer at night. Rather than making this prayer
a hardship by prolonging it, they are advised not to recite more pf the Quran then is
easy for them.

 
 
Tafseer ul Quran:
Meaning of tafseer:

The word tafseer comes from fassara; which means, to explain, to expound,
to elucidate, to interpret. This word is meant for the explanation or
interpretation of the verses of Holy Quran.

Kindsof tafseer.

Following are two main categories of tafseer of the Holy Quran.

1.     Tafseer ul Quran bil Quran:

2.     Tafseer ul Quran bil Hadith:

Tafseer ul Quran bil Quran: it means that Quran itself explain its laws.
Sometime the Quran not mentioned the exception or rules in earlier verse
but mention in later.

In one Quranic verse it is said:


“O ye, who believe, fulfill all regulations.
Lawful to you are all beasts of cattle, with
the exceptions named.

Al-Maidha-1

Here, the exceptions named are not directly listed. It is mentioned in later.

“forbidden to you are: dead meat, blood, the


flesh of swine, and that which has been
invoked the name of other then Allah; that
which has been killed by strangling; or by a
violent blow, or by a headlong fall, or by
being gored to death; that which has been
eaten by a wild animal, unless you are able
to slaughter it; that which is sacrificed on
stone altars; also the division by raffling
with arrows: that is impiety”

                        Al-Maidha:3

This very full list clarifies exactly the exception to which the earlier verse
refers.

Tafseer ul Quran bil Hadith:  the second kind of tafseer is tafseer ul Quran


bil Hadith, it means that where the Holy Quran did not explain the law the
Holy Prophet explain it by words or deeds. For example

The Holy Quran says:

“Allah has permitted trade and forbidden Riba”

                                                Al-Baqara: 275

The sunnah of Holy Prophet provides details of Riba

The Holy Prophet said

 “The bartering of gold for gold is Riba, except if it is from hand to hand and
equal in amount, the wheat grain for wheat grain is Riba,expect if it is from
hand to hand and equal in amount.”
This Hadith confirms the concept of Riba in Islam.

Some taseefrs:

There are some tafassir of the Holy Quran by different school of thought.

1.     Ashraf Ut Tafseer of Shaykh Ashraf Ali Thanvi,

2.     Anwarul Bayan by Shaykh Ashiq Ilahi Madni,

3.     Tafseer Baseerat-e-Quran by Shaykh Muhammad Asif Qasmi,

4.     Duroos ul Quran by shaykh Muhammad Ilyas Ghumman,

5.     Illuminating Discourses on the Noble Quran by Shaykh Ashiq


Illahi

6.     Tafseer E Majidi (English) by Shaykh Abdul Majid Daryabadi

Qualities of a mufassir:

There are many pre-requisites of a good mufasser, clarifier or commentator


of the Holy Quran.

1.     Muffassir must be pious Muslim.

2.     He must be expert in Arabic grammar and the manner in which the
language is used, the science of recitation.

3.     He must be competent in use of Ahadith of the Holy Prophet.

4.     He must be capable of full understanding of the asbab al nuzul, the


occasions on which verses were first revealed.

5.     He must be skilled in nasikh o mansookh verses, clarified or


redefined earlier verses with later verses.

 
Quran and Hadith work together:
The Quran is first source and hadith is second source of Islamic law. The clear
Quranic teachings are followed without question. Where Quranic is not clear, the
hadith make clear.

For example

1.     The Quran repeatedly asks us:

“Establish regular prayer”

Without speaking about the number of raakats and manners in which it


should be performed. Sunnah of the Prophet explains it.

The Holy Prophet said

“Look at me,see I worship and follow me”

                                                                                    (AL-Bukhari)

2.     The Holy Quran says:

“Allah has permitted trade and forbidden Riba”

                                                Al-Baqara: 275

The sunnah of Holy Prophet provides details of Riba

The Holy Prophet said

 “The bartering of gold for gold is Riba, except if it is from hand to hand and equal
in amount, the wheat grain for wheat grain is Riba,expect if it is from hand to hand
and equal in amount.”

3.     The Holy Quran says:

“As to the thief, male or female, cutting of his or her hand.”

                  AL-MA’IDAH: 38

Further details are given in hadith. It is said:


“Allah’s Messenger cut of the hand of a thief for stealing a quarter of dinar or
more”

4.     The Holy Quran enjoins us:

“Pilgrimage thereto is a duty men owe to Allah, those who can afford the journey”

Full method of Hajj is not mentioned in Quran. Sunnah of Prophet explain its
performance, as it is said.

Ibn-Umar reported:

“The Holy Prophet pronounced Talbiyah in Hajj and Umrah”

Difference between Quran and Traditions:


As everyone knows the Quran is the words of Allah, it is divine order, the dictates
of the Almighty; whereas the Traditions are the words of the Holy Prophet
(PBUH). As the Holy Prophet (PBUH) was human being, the Traditions are the
words of human beings and Quran is the words of Allah. This is one view. Both
are equally important sources of Islamic law and according to some jurists both are
equal in all respects in the sense that the precepts of Holy Prophet (PBUH) are in
explanations to the Quran and he did not say anything unless he was inspired by
Allah, and in this respect Quran and Traditions gave a common element of
divinity. That is why some jurist, while discussing the sources of Islamic law have
bracketed the Quran and Tradition together. They have categorized both as a
primary source of Islamic law. However, for our purpose we have to treat both as
separate source and highlight the characteristics of this important source of law
which ranks next to the Quran. Experts draw distinction and are of the view that it
is clear like crystal that the Holy Quran is recited while the Traditions are not
recited, although both have common element of divinity.

 
Quran control and regulates other sources of Islamic laws:
The Holy Quran is primary source of Islamic Law. Quran control and regulate
other sources of Islamic Law. The importance of other sources is prescribed by the
Quran in its various verses. There are some Quranic verses which explain the
importance of other Islamic laws like sunnah, ijma, qiyas, and ijtihad.

Sunnah:

Sunnah is the second primary source of Islamic law. It is the words and deeds of
the Holy Prophet (PBUH).Quran through light, Sunnah is an important source of
law.   In Quran Allah says:

                                                            “If you differ in anything among yourselves

                                                            Refer it to Allah and His Messenger”

                                                                        AL-NISA: 59

 The Holy Prophet is speaking the words of Allah; it is specified in surah Al-Najm:

“And He does not speak of His on desire, it is all


revealed on Him”

                                                                        Al-Najm: 3

Ijma:

Ijma means determination and consensus or the collection of several things or way
of believers. The society which was established by the Holy Quran and the Sunnah
has not died away, it is a living society. It is the third important source of Islamic
Law. For this reason, Allah gave sanction to the consensus of the muslim.

The Holy Quran says:

“They consult their affairs by mutual


consultation.” 

Another verse about the importance of ijma:

“O ye who believe

                                                            Obey Allah. 1

                                                            And obey the messenger 2


                                                            And those charged with authority among
you”

The Holy Quran says:

“And consult them, then after consultation, be


determined and have faith in Almighty Allah”

Qiyas:

The forth important source of Islamic law is Qiyas or analogy. In its literal sense
Qiyas means comparing. There are some verses quoted in favour of the arguments:

“We (Allah) have sent down the Book as authority


for you”

Another Quranic verse runs as follows:

“There is nothing fresh or dry but is to be found in


the Revealed Book.”

Ijtehad:

Ijtihad is the next source of Islamic Law. It means striving to the utmost to
discover the law from the text through all possible means of interpretation. The
importance of Ijtihad as a source of all is proved by the verses of the Holy Quran.

The Holy Quran says:

“If there is difference among you over anything,


refer it to (the book of) Allah, and the Holy
Prophet (PBUH).”

Another Quranic verse:

“And we have revealed on you the Book which


described everything”

Another Quranic verse runs as follows:

“So take what the apostle assigns to you, and deny


yourselves which he withholds from you.” 
Istehsan:

It is another source of Islamic Law. It means preference of one over another


considering the former good, e.g. to give preference to one Qiyas over the other
Qiyas.

The Holy Quran says:

“Verily, We call upon you to be a man of


judgment and do justice”

 Another Quranic vers:

“Those who intently listen to Us, they


follow the best of it. Those are the ones
whom Allah has guided, and those are the
ones endowed with understanding. ”

Another Quranic verse runs as follows:

“But it is possible that you dislike a thing


which is good for you. And that you love a
thing which is bad for you. But Allah knows
and you knew not.  ”

 
Criticism of the orientalist view that Quran has no Legal
Potentials:
It is misleading to say that the Quran has no legal potentials. This conception is the
result of the biased minds of the Western world. It is a prejudice against Islam
which compels Orientalists study the Quran honestly and impartially, they can
realize that it is dynamic force. It is not like stagnant water. It is  as fresh and
potent as anything. The Quran is not meant for a limited time but for all times to
come. The legal principles and ducats of the Quran have the inherent capacity for
development. They are not rigid. There can be no change in the substance, but is
has the elasticity in its interpretation and extension of application accordingly.
The Holy Quran provides the principles and avoids details. Allah who is the
Lawgiver, revealed the law to His Messengers from Adam to Muhammad (PBUH).
He changed, modified and repealed the laws according to the needs of the society.
At present the law is in its complete form in the Holy Quran. There is no defect or
flaw in it. The law is through and exhaustive. In other words Quran is a complete
finality on the question of law.

The Islamic Law is complete in its entirety. Now, it requires no amendments and
change. At the same time, there is no rigidity in it. It can be interpreted and safely
applied to every set of circumstances which may crop up in any age, country or
society. It is endowed with the quality of adaptability.

 
Position in Pakistan:
Pakistan is an Islamic state and since the creation of Pakistan, attempts have been
made at different times to modify the existing laws in the light of the Holy Quran
and Sunnah.

Article 227 of the constitution of Pakistan, runs as follows

“All existing laws shall be brought in conformity with the injunctions of Islam as
laid down in the Holy Quran and Sunnah”

 
Constitutional status of the Holy Quran:
In the west constitutional law is called the supreme law of the land. In Islamic
jurisprudence Quran is the constitutional law. It has all those features which
modern constitutions have. The Quran provides all norms and the principles for
statehood.

 
Conclusion:
The Holy Quran, last revealed book by Allah on Muhammad (PBUH) is the
foundation of our religion and the fountain of Islamic laws.it is a complete book
for the guidance of mankind. It is addressed to the entire humanity without any
limitation of race, region, and time. It guides the man in all spheres of life-spiritual,
temporal, individual and collective. It is the very first source of Islamic law. In
Quran Allah says:

                                                            “O ye who believe

                                                            Obey Allah. 1

                                                            And obey the messenger 2

                                                            And those charged with authority among you


3

                                                            If you differ in anything among yourselves

                                                            Refer it to Allah and His Messenger 4”

                                                                        AL-NISA: 59

 The Holy Quran is the speech of Allah it is specified in surah Al-Najm:

“And He does not speak of His on desire, it is all


revealed on Him”

                                                                        Al-Najm: 3

The Arabic words of the Holy Quran as well as their meanings are both revealed,
thus no translation or tafseer can be become part of the Holy Quran.

The Quran is transmitted to us by way of Tawatur. The Ijaz of the Holy Quran is
that the human beings are unable to imitate it or to bring about something similar
to it.

There are two basic system of Holy Quran legislation;

1.     Fundamental
2.     Allegorical

Quranic reference:

“He it is who has sent down to thee the book, in it


are verses basic and fundamental; they are the
foundation of the book, other are allegorical”

            AL-IMRAN: 7

 
References
Ø The holy Quran
 

Ø Constitution of Pakistan
 

Ø Islami qanun k maghiz by sharia law academy


 

Ø Islamic jurisprudence by Prof.Dr. Muhammad Jamal


 

Abbasi
Ø Mulla’s Muhammadan law  BY Mian Khurshed Ahmed
 

Ø Muslim family laws


 

Ø Islamic law by sharia academy.


 

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