Islamic
Jurisprudence (Usul Al Fiqh) :
The Quran
By Shah
Abdul Hannan
In
some classical books of Usul (such as Nurul Anwar by Sheikh Ahmad Ibn
Abu Said or Manar by Sheikh Abul Barakat Abdullah Ibn Ahmad Nasafi)
most of the discussion of Usul have been made under the heading
"Kitabullah" (that is the Quran). Such
discussion include discussion on the classification of words in the
Quran (or Arabic language), grammatical issues pertinent to
interpretation of the Quran and Sunnah, such as Haruful Maa'ni
(words with meaning), Haruful Atf (conjunction), Haruful
Zar, (a 'Haruf' which gives 'Zar' to the noun when it is used
before noun), Haruful Asmauz Zaruf (Haruf which indicate time,
place, etc.) and Haruful Shart (haruf which indicates
conditions). Discussion under Kitabullah also include the methods of
interpretation such as Ibaratun Nass (based on explicit meaning),
Isharatun Nass(based on indicative meaning), etc.
However, in our discussion on Usul under the "Quran" we
shall not discuss any of the aforesaid things. In following some
modern Usul scholars we shall take the discussion on the methods of
interpretation and classification of words under "Methods of
Interpretation" We shall not discuss rules of grammar in Usul
and ask the readers to study Arabic language and its grammar
separately. In this part we shall discuss some of the
characteristics of Quran as its introduction.
Quran is the book which Allah revealed in His speech to His
Prophet Muhammad (SM) in Arabic and this has been transmitted to us
by continuous testimony or tawatur.
There are 114 suras of unequal length. The contents of the Quran are
not classified subjectwise. The Quran consists of manifest revelation
('Wahy Zahir) which is direct communication in the words of
Allah. This is different from Wahy Batin (non-manifest
revelation) which consists of inspiration and concepts. All the
Ahadis of the Prophet fall under this category.
Hadis Qudsi, in which the Prophet (SM) quotes Allah in the Hadith, is
also not equivalent to the Quran. In fact, this kind of Hadith is
also subject to examination of Isnad (chain of narrators from
the Prophet (SM) to the compiler of the Hadith compilation). If the
sanad (chain) is weak, the hadith will be treated as
weak, even though it is Hadis Qudsi. It should be
noted that the Prophet (SM) did not make any distinction between
Hadis Qudsi and other Hadis.(Ref; Abdul Wahab al Khallaf; .'ILM -
Usul al Fiqh', also Dr.Hashim Kamali, Principles of Islamic
Jurisprudence.)
Only meaning (Maa'ni)
or text (Nazm) is not the Quran. The jurisprudents agree that
text and meaning together constitute the Quran.
Quran was revealed in stages (Bani Israil, 17:106), and
gradually (Al-Furqan,25:32). Graduality in the revelation
afforded opportunity to reflect over it and memorize it. The
Ulama are in agreement that the entire text of the Quran is
"Mutawatir", i.e. its authenticity is proven by
universally accepted testimony.
The
larger part of the Quran was revealed in Mecca (about 19/30th
part) and rest in Madinah. The Meccan revelations mostly deal with
beliefs, disputation with unbelievers and their invitation to Islam.
But the Madinan suras, apart from the aforesaid, deal
with legal rules regarding family, society, politics, economics, etc.
The sura is considered Meccan if its revelation started in Mecca,
even if it contains Madinan period Ayats. The information regarding
which one is Makki or Madani are based on the sayings of the Sahabis
or the following generation.
The
legal material of the Quran is contained in about 500 Ayats,
according to various estimates. These injunctions were revealed with
the aim of repealing objectionable customs such as infanticide,
usury, gambling, unlimited polygamy; prescribing penalties and core
Ibadah like Salat, Siam, Zakat, Hajj. Other legal Ayats deal
with charities, oaths, marriage, divorce, Iddah, revocation of
divorced wife (Rijah), dower, maintenance, custody of children,
fosterage, paternity, inheritance, bequest; rules regarding
commercial transaction such as sale, lease, loan, mortgage, relations
between rich and poor, justice, evidence, consultation, war and
peace.
One of the things that has
been discussed is about Qati (definitive) and Zanni
(speculative). Qati and Zanni concepts have been discussed in terms
of text and in terms of meaning. The whole of the Quranic text in
Qati (definitive) that is its Riwyah (report) is conclusive
and beyond doubt. Only other text, which has been considered Qati is
only Mutawatir Sunnah or Hadith (at least in essence). Other Hadith
and Ijtihad are Zanni material. (Principles of Islamic
Jurisprudence, Dr. Hashim Kamali, Islamic Texts Society,
Cambridge).
The text of the
Quran which has been reported in clear words (Alfaz al Waziha) which
has only one meaning are considered Qati also in terms of meaning
(Dalalah). Any text of Hadith which is similarly clear in
meaning is also considered Qati in terms of meaning. Qati and Zanni
have significance in the matter of belief and in the gradation of
Ahkam into Farz, Wazib, Sunnah, Haram, Makruh, etc. Articles
of faith can be determined only by Qati text with Qati meaning. A
person can be declared Kafir if he denies the Qati text of the Quran
or Mutawatir Sunnah. Otherwise not. Similarly Farz is determined only
by Qati text with Qati meaning (Principles of Islamic Jurisprudence,
Dr. Hsashim Kamali, Chapter 17).
Most of the text of the Quran are Qati in meaning. Example of Zanni
in meaning are the words "banatukum" in Nisa : 23 and
"yanfaw minal ard" in Maida : 33.
In the discussion on Qati and Zanni, Quran and Sunnah are integral to
one another. Zanni of one verse can be made Qati by another verse or
definitive Sunnah. Similarly, the Zanni Sunnah can be elevated to
Qati by Qati Ayat of the Quran or by other corroborative evidence of
Qati Sunnah.
By far, the large part
of the Quranic legislation have been given in broad outlines, only in
a few area, the Quran has given instruction in considerable
details. Hardly there is anything where Quran has given all details.
We are dependent on Sunnah and Ijtihad to fill up the gaps or for
explanations.
One issue of concern
is whether it is permissible to research the cause (talil) of Ahkam.
Majority of scholars hold that this is permissible, indeed a must
for development of Islamic law through Ijtihad (primarily
Qiyas).
However, a few hold, talil
is not permissible and as such deny legality of Qiyas. This view is
weak and appears to have been born out of misunderstanding the
purpose of talil.
Another issue is
Asbab al Nazul or events which are related to revelation of the
Ayats. The Hukm (law) is not limited to the events or circumstances.
Asbab al Nazul helps to understand the Quran and its law.
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