IS 110

Course Description: Introduction to Islamic Law and Jurisprudence

TABLE OF CONTENTS

1. ISLAM, SHARI’AH AND FIQH
2. SOURCES OF ISLAMIC LAW (Holy Qur'an, Hadith/Sunnah, Ijma', Qiyas, etc.)
3. OTHER SHARI’AH SOURCES a.) Istihsan (Juristic Preference) b.) Al-Masalalih Al-Mursalah (Public Interest) c.) Istishab (Presumption of Continuity)
4. DEVELOPMENT OF MMUSLIM LAW
5. PHILIPPINE LEGISLATIVE ENACTMENTS RECOGNIZING ISLAMIC LAWS


ISLAM

Islam literally means submission to the will of God and the will of God is that we should pursue husn, that is beauty of life and character and avoid qubh, that is ugliness of life and character.

Islam is a complete way of life.

SHARI’AH

Literally, Shari’ah means the road or way to a watering place, the path to be followed. In technical term, it refers to the complete code of beliefs (al-‘aqa’id) and practices or actions (al-a’mal) consisting the totality of Allah’s commandments. Essentially, the Shari’ah gives preferential emphasis and concern for duties rather than rights. By constantly reminding every individual or being held accountable and responsible for his actions and deeds, the Sharia’ah is able to instill moral and religious consciousness among Muslims.

The word Shari’ah is the name given to the totally of God’s commandments. Each one of such commandments is called hukm (pl. ahkam).

The Shari’ah embraces all human actions; it is, therefore, strictly not law in the modern sense but might be regarded as a guide to moral conduct.

The Shari’ah, the legal system of Islam, is a comprehensive system of law encompassing all spheres of human existence, individual and collective. It does not only regulate man’s relationship with God but also governs his dealings with other men. It is a dynamic whole that does not distinguish the religious from the secular.
Neither does it compartmentalize the theological from the legal. In the same manner, the Shari’ah directs the conduct of the state and sets and regulates the mechanics of government.

This perfection of Islam and the completeness of the Shari’ah are alluded to in the Holy Qur’an:

“Today have I perfected your religious law for you and have bestowed upon you the full measure of my blessings, and willed that self surrender unto Me shall be your religion”. (5:3)

Thus, in relation to Islam, the Shari’ah is the epitome of Islamic thought, the most typical manifestation of the Islamic Way of life, the core and kernel of Islam itself.

According to the Shari’ah, individual actions may fall under any of the five kinds of religious injunctions (al-ahkam al-khamsah):

Fardh – an act whose commission is rewarded but their omission is punishable. Examples of these are the performance of the five daily prayers, the payment of zakah, fasting in the month of Ramadhan, performance of hajj and similar obligatory acts.

There are two kinds of Fardh: a.) fardh ‘ayn – (personal fardh) it is obligatory to every individual Muslim like the five daily prayers.

b.) fardh kifayah – it is enjoined upon every person of a given community and unless performed by a number of them, the rest are not absolved. Divine reward shall be given to those who perform a fardh kifayah though the others are not liable for penalty. However, if none of the people of the community performs the obligation, all of them are deemed to have committed a grievous sin which will subject them to punishment. Exmaple is the offering prayers to the dead Muslim.

Haram – these are acts whose commission is punishable but their omission is rewarded. Example, drinking intoxicants, eating pork, killing a person, cursing one’s parents or falsely accusing a woman of unchastity.
Mustahabb or Mandud – is an act the performance of which gives spiritual reward upon the person who performs it but no punishment is inflicted upon him for failure to do it. Sunnah prayers which are non-pbligatory belong to this classification of acts.
Makruh – an act whose omission is preferable to its commission. Doing it is not punishable, there is reward for its omission. Example, eating garlic when one is to join the jumu’ah prayer.
Mubah – this consists of acts which are eyed with indifference by the law and therefore, their omission or commission is neither punishable nor recompensable. Acts of this kind are also known as ja’iz or halal.

FIQH

Fiqh literally means understanding. Technically, it refers to the science of deriving the Shari’ah values (al-ahkam al-shari’ah) from the Shari’ah evidences (al-adillah al-Shari’iyyah). The science that discusses the principles for reaching fiqh in the true way by preparing its premises for fiqh through the sources is usul al-fiqh. The sources of fiqh are the Holy Qur’an, the Sunnah, Ijma’ and Qiyas.


THE HOLY QUR'AN *
An Introduction to the Sciences of the Qur’an

The Qur'an can be defined as follows:

- The speech of Allah, sent down upon the last Prophet Muhammad, through the Angel Gabriel, in its precise meaning and precise wording, transmitted to us by numerous persons (tawatur), both verbally and in writing.
- Inimitable and unique, protected by God from corruption.

The word Qur'an

The Arabic word ﻗﺭﺀﺍﻥ)) 'qur'an' is derived from the root ( ﻗﺭﺃ ) qara'a, which has various meanings, such as to read, to recite, etc. Qur'an is a verbal noun and hence means the 'reading' or 'recitation'. As used in the Qur'an itself, the word refers to the revelation from Allah in the broad sense6 and is not always restricted to the written form in the shape of a book, as we have it before us today.

However, it means revelation to Muhammad only, while revelation to other prophets has been referred to by different names (e.g. taurat, injil, kitab, etc.).

Other Names of the Qur'an

The revelation from Allah to the Prophet Muhammad is referred to - in the Qur'an itself - by the name qur'an (recitation) as well as by other names, such as e.g.
- furqan (criterion, see 25: 1).
- tanzil (sent down, see 26: 192).
- dhikr (reminder, see 15: 9).
- kitab (scripture, see 21:10).

Other references to the Qur'an are by such words as nur (light), huda (guidance), rahma (mercy), majid (glorious), mubarak (blessed), bashir (announcer), nadhir (warner), etc.

All these names reflect one of the various aspects of the revealed word of Allah.

Distinctive Features of the Qur'an

The most important distinction between the Qur'an and all other words or writings therefore is that the Qur'an is the speech from Allah, revealed in its precise meaning and wording through the Angel Gabriel, transmitted by many, inimitable, unique and protected by Allah Himself against any corruption.

REVELATION AND HOW IT CAME TO THE PROPHET MUHAMMAD

God guides His Creation

Allah the Creator has not only brought about the creation, but continues to sustain and direct it, in the way that He has created us and all that is around us. He has provided many forms of guidance, indeed, a system of guiding principles, of which the laws of 'nature' are a part.

But Allah has also granted a special form of guidance for mankind from the outset of its occupancy of the earth. He promised to Adam and his descendants:

'Get ye down all from here; and if, as is sure, there comes to you guidance from Me, whosoever follows guidance, on them shall be no fear, nor shall they grieve' (2: 38).' This guidance comes through the prophets, whom Allah continuously sent to mankind, until the last messenger, Muhammad received His final guidance.

Guidance through Revelation

We call a man to whom God in his own way communicates His guidance, a prophet or messenger (nabi, rasul). Prophets receive the word of God through revelation and then communicate it to their fellow human beings:

'Verily, We have sent the Revelation to you (O Muhammad), as We sent it to Nuh (Noah) and the Prophets after him; We (also) sent Revelation to Abraham, Ismail, Isaac, Jacob and the tribes, to Jesus, Job, Jonah, Harun and Solomon, and to David We gave the (Zabur) Psalms. Of some Messengers, We have already told the story, of others We have not mentioned to you - and to Moses God spoke directly. Messengers as bearers of good news as well as warning in order that mankind should have no plea against Allah after the (coming) Messengers. And Allah is ever All-Powerful, All-Wise.' (4: 163-165).

The two words italicized (capitalized) in the above translation are both derived from the Arabic root 'wahy'

The Meaning of Wahy

The word (awha), from which 'wahy' (revelation) is derived, occurs in a number of shades of meaning in the Qur'an, each of them indicating the main underlying idea of inspiration directing or guiding someone. In each example below, the italicized words in the translation are forms of the root word wahy in the original text of the Qur'an:

- Guidance in natural intuition:
'so we sent this inspiration to the mother of Moses . . .' (28: 7).

- Guidance in natural instinct:
'and thy Lord taught the bee to build its cells in hills, on trees and in (man's) habitations' (16: 68).

- Guidance by signs:

'So Zakaria came out to his people from his chamber: he told them by signs to celebrate God's praises in the morning and in the evening' (19: 11).


- Guidance from evil:

'Likewise did we make for every messenger an enemy- evil ones among men and jinns, inspiring each other with flowery discourses by way of deception ...' (6: 112).

- Guidance from God:
'Remember thy Lord inspired the angels (with the message) ...' (8: 12).


Means of Revelation

Wahy in the sense of 'revelation' is guidance from God for His creation, brought by the Prophets, who received the word from God through one of the means mentioned in the following Qur'anic verse:

'It is not fitting for a man that God should speak to him except by Revelation, or from behind a veil, or by sending of a messenger to reveal with God's permission what God wills: for He is Most High, Most Wise' (42: 51).

Means of revelation are:

- Inspiration, e.g. in a dream (see 37: 102, where it is related that Ibrahim receives guidance in a vision, while asleep, to sacrifice his son).

“And when he (his son) was old enough to walk with him, he said: “O my son! I have seen in a dream that I am slaughtering you. SO look what you think!” He said: “O my father! Do that which you are commanded, if Allah wills, you shall find me of the patient.” 37:102

- Speech hidden away (see 27: 8, where it is related that God spoke to Musa from the fire).

- Words (speech) sent through a special messenger from God (see 2:97, where it is related that God sent the Angel Gabriel as the messenger to Muhammad to reveal His message).

The Qur'an revealed to Muhammad

Prophet Muhammad, the last of God's messengers, received the revelation of the Qur'an through a special messenger sent by God for this purpose: the Angel Gabriel, who recited to him God's words exactly.

The Descent of the Qur'an

According to Suyuti' on the basis of three reports from 'Abdullah Ibn 'Abbas, in Hakim, Baihaqi and Nasa'i, the Qur'an descended in two stages:

- From the lauh al-mahfuz, the 'well-preserved tablet', to the lowest of the heavens (bait al-'izza) of the world, all together, in the laila al-qadr.

- From the heavens to earth in stages throughout the twenty-three years of Muhammad's Prophethood, and first in the laila al-qadr of Ramadan, through the Angel Gabriel.

This second descent from the heaven to the heart of the Prophet is referred to in Sura al-isra' and Sura al-furqan.

BEGINNING OF THE REVELATION

The revelation of the Qur'an began in the laila al-qadr of Ramadan (the 27th night or one of the odd nights after the 21st) after the Prophet Muhammad had passed the fortieth year of his life (that is around the year 610), during his seclusion in the cave of Hira' on a mountain near Makka.

Bukharis Account

This is the account, as reported in the Sahih of Bukhari:

Narrated Aisha the mother of the faithful believers: The commencement of the divine inspiration to Allah's apostle was in the form of good dreams which came like bright daylight (i.e. true) and then the love of seclusion was bestowed upon him.

He used to go in seclusion in the Cave of Hira', where he used to worship (Allah alone) continuously for many days before his desire to see his family. He used to take with him food for the stay and then come back to (his wife) Khadija to take his food likewise again, till suddenly the truth descended upon him while he was in the Cave of Hira'.

The angel came to him and asked him to read. The Prophet replied 'I do not know how to read'.

The Prophet added, 'The angel caught me (forcibly) and pressed me so hard that I could not bear it any more. He then released me and again asked me to read and I replied, "I do not know how to read". Thereupon he caught me again and pressed me a second time till I could not bear it any more. He then released me and again asked me to read, but again I replied, "I do not know how to read" (or what shall I read?). Thereupon he caught me for the third time and pressed me, and then released me and said: "Read, in the name of Your Lord, who created, created man from a clot. Read! And Your Lord is the most bountiful…"

The narration goes on to tell us that the Prophet went back to his wife Khadija and recounted to her his dreadful experience. She comforted him and both of them consulted Waraqa, Khadlja's relative and a learned Christian, about it. Waraqa told Muhammad that he had encountered the one 'whom Allah had sent to Moses' and that he would be driven out by his people.

How Revelation came

Narrated Aisha, the mother of the faithful believers: Al-Harith bin Hisham asked Allah's apostle: 'O Allah's apostle. How is the divine inspiration revealed to you?' Allah's apostle replied, 'Sometimes it is "revealed" like the ringing of a bell, this form of inspiration is the hardest of all and then this state passes off after I have grasped what is inspired. Sometimes the Angel comes in the form of a man and talks to me and I grasp whatever he says'.

The First Revelation

The first revelation that the Prophet Muhammad received is in the first verses from Sura al-'alaq (96:1-3, according to others 1-5):


1. Read! In the Name of your Lord Who has created (all that exist). 2. He has created man from a clot. 3. Read! And your Lord is the Most Generous. 4. Who has taught (the writing) by the pen. 5. He has taught man that which he knew not. (96: 1-5).

The remainder of Sura 96, which now has 19 ayat, was revealed on some later occasion.

The Pause (fatra)

After the first message thus received, revelation ceased for a certain period (called fatra) and then resumed:

Narrated Jabir bin 'Abdullah Al-Ansari while talking about the period of pause in revelation reporting the speech of the Prophet, 'While I was walking, all of a sudden I heard a voice from the heaven. I looked up and saw the same angel who had visited me at the Cave of Hira' sitting on a chair between the sky and the earth. I got afraid of him and came back home and said "Wrap me (in blankets)" and then Allah revealed the following holy verses (of the Qur'an): O you covered in your cloak, arise and warn (the people against Allah's punishment) ... up to "and all pollution shun".

' After this revelation came strongly and regularly.

The Second Revelation


The second portion of the Qur'an revealed to the Prophet Muhammad was the beginning of Sura al-muddaththir (74: 1- 5).

1. O you (Muhammad) enveloped in garments! 2. Arise and warn! 3. And magnify your Lord! 4. And purify your garments! 5. And keep away from the idols.

It now consists of 56 verses, the rest revealed later, and begins as follows: 'O you, covered in your cloak, arise and warn, thy Lord magnify, thy raiment purify, pollution shun ...

Other Early Revelations

Many hold that Sura al-muzzammil (73) was the next revelation. According to others, Sura al-fatiha (1) was the third sura to be revealed. Among other early revelations, which the Prophet declared in Makka, are, according to some reports, Sura 111, Sura 81, Sura 87, Sura 92, Sura 89, etc. Then revelation continued, 'mentioning Paradise and Hell, and until mankind turned to Islam, then came revelation about halal and haram ... '

Revelation came to the Prophet throughout his lifetime, both in Makka and Madina, i.e. over a period of approximately 23 years, until shortly before his death in the year 10 after Hijra (632).

The Last Revelation

Many Muslim scholars agree that the last revelation was Sura 2, verse 281:

'And fear the day when ye shall be brought back to God. Then shall every soul be paid what it earned and none shall be dealt with unjustly.'

Some also say that it was 2:282 or 2:278. It has also been suggested that all three verses were revealed on one occasion. The Prophet died nine nights after the last revelation.

Others hold that Sura 5:4 was the last to be revealed:


'This day I have perfected your religion for you, completed My favor upon you and have chosen for you Islam as your religion.'

The opinion that this verse was the last revelation is not sound according to many scholars, since it was revealed during the last pilgrimage of the Prophet. This information is based upon a hadith from 'Umar. Suyuti explains concerning the verse in Sura 5 that after it nothing concerning ahkam and hal'al and haram was revealed, and in this sense it is the 'completion' of religion. However, revelation reminding man of the coming day of judgment continued and the last such revelation is the above verse.

Reasons why the Qur'an was sent down in Stages

The Qur'an was revealed in stages over a period of 23 years, and not as a complete book in one single act of revelation. There are a number of reasons for this; most important are the following:

- To strengthen the heart of the Prophet by addressing him continuously and whenever the need for guidance arose.
- Out of consideration for the Prophet since revelation was a very difficult experience for him.
- To gradually implement the laws of God.
- To make understanding, application and memorization of the revelation easier for the believers.

Transmission of the Qur'anic Revelation

The revelation contained in the Qur'an has been transmitted to us by numerous persons in two ways: orally and in written form.


MEMORIZATION AND ORAL TRANSMISSION

Memorization by the Prophet

Oral transmission of the revelation was based on hifz or memorization and the Prophet Muhammad himself was the first to commit a revelation to memory after the Angel Gabriel had brought it to him:


'Move not thy tongue concerning the (Qur'an) to make haste therewith. It is for Us to collect it and promulgate it; but when We have promulgated it, follow thou its recital' (75: 16-19).


'... an apostle from God, rehearsing scriptures, kept pure and holy ...' (98: 2).

Memorization by the Companions

The Prophet then declared the revelation and instructed his Companions to memorize it. The case of Ibn Mas'ud, who was the first man to publicly recite the Qur'an in Makka, shows that even in the very early phase of the Islamic umma recital of the revelation from memory was practized by the Companions: '...

The first man to speak the Qur'an loudly in Makka after the apostle was 'Abdullah bin Mas'ud. The Prophet's Companions came together and mentioned that the Quraish had never heard the Qur'an distinctly read to them ... When (Ibn Mas'ud) arrived at the maqam, he read "In the name of God the Compassionate the Merciful", raising his voice as he did so. "The Compassionate who taught the Qur'an ..." (55:1) ... They got up and began to hit him in the face; but he continued to read so far as God willed that he should read ...

It is also reported that Abu Bakr used to recite the Qur'an publicly in front of his house in Makka.

The Prophet encourages Memorization

There are numerous ahadith, giving account of various efforts made and measures taken by the Prophet to ensure that the revelation was preserved in the memory of his Companions. The following is perhaps the most clear:

'Narrated 'Uthman bin 'Affan: The Prophet said: "The most superior among you (Muslims) are those who learn the Qur'an and teach it".

It is also well known that the recital of the Qur'an during the daily prayers is required and hence many Companions heard repeatedly passages from the revelation, memorized them and used them in prayer. The Prophet also listened to the recitation of the Qur'an by the Companions.

Narrated 'Abdullah (b. Mas'ud): 'Allah's Apostle said to me: "Recite (of the Qur'an) for me". I said: "Shall I recite it to you although it had been revealed to you?!" He said: "I like to hear (the Qur'an) from others". So I recited Surat-an-Nisa' till I reached: "How (will it be) then when We bring from each nation a witness and We bring you (O Muhammad) as a witness against these people?" ' (4: 41).

'Then he said: "Stop!" Behold, his eyes were shedding tears then.'


The Prophet sent Teachers

The Prophet sent teachers to communities in other places so that they might receive instruction in Islam and the Qur'an. The case of Mus'ab bin 'Umair illustrates that this was so even before the hijra:

'When these men (of the first pledge of 'Aqaba) left (for Madina) the apostle sent with them Mus.'ab bin 'Umair ... and instructed him to read the Qur'an to them and to teach them Islam and to give them instruction about religion. In Madina Musiab was called "the reader".

Another well-known case concerns Mu'adh bin Jabal who was sent to Yemen to instruct the people there.

Qur'an Readers among the Companions

Suyuti mentions more than twenty well-known persons who memorised the revelation, among them were Abu Bakr, 'Umar, 'Uthman, 'Ali, Ibn Mas'ud, Abu Huraira, 'Abdullah bin 'Abbas, 'Abdullah bin 'Amr bin al-'As, 'A'isha, Hafsa, and Umm Salama.

From among these, the Prophet himself recommended especially the following:

'Narrated Masruq: 'Abdullah bin 'Amr mentioned 'Abdullah bin Mas'ud and said: I shall ever love that man for I heard the Prophet saying: Take (learn) the Qur'an from four: 'Abdullah bin Mas'ud, Salim, Muiadh and Ubay bin Ka'b'.

Another hadith informs us about those Companions who had memorized the Qur'an in its entirety and gone over it with the Prophet before his death:

'Narrated Qatada: I asked Anas bin Malik: Who collected the Qur'an at the time of the Prophet? He replied, Four, all of whom were from the Ansar: Ubay bin Ka'b, Mu'adh bin Jabal, Zaid bin Thabit and Aba Zaid.'

The fact that some of the earliest historical reports make special mention in the accounts of the battles that were fought, of Muslims killed who knew (something of) the Qur'an by heart, gives a clear indication that memorization of the revelation was considered important and widely practised from the earliest times.

The Qur'an Memorized in the Prophet's Lifetime

It is therefore certain that the Qur'an had been memorized by the Companions of the Prophet during his lifetime. This tradition continued among the Companions after the Prophet's death and, later, among the tabi'un and all generations of Muslims that have followed, until today.


TRANSMISSION OF THE WRITTEN TEXT

The Written Text at the Time of the Prophet Muhammad

What is meant by Jam' al-Qur'an?

The general meaning of jam' al-qur'an is to 'bring together the Qur'an'. This was done and has to be understood in two ways:

- Bringing together the Qur'an orally, or in one's mind (hifz).
- Bringing together the Qur'an in written form, or on sheets, or in a book.

Jam' al-qura'n therefore, in the classical literature, has various meanings:

- To learn the Qur'an by heart.
- To write down every revelation.
- To bring together those materials upon which the Qur'an has been written.
- To bring together the reports of people who have memorized the Qur'an.
- To bring together all such sources, both oral and written.

How was the Qur'an Collected?

In Suyut'is Itqan it is said that the Qur'an had been written down in its entirety in the time of the Prophet but had not been brought together in one single place, and that therefore these written records or documents had not been arranged in order.'

However, this statement does not preclude that the ordering of the Qur'an and the arrangement of the suras, was fixed by the Prophet himself and safeguarded through oral trans- mission.

Stages of Collection

As far as the written text is concerned, one may distinguish three stages:

1. In the time of the Prophet:
- in the hearts of men (memorization).
- on writing materials
2. In the time of Abu Bakr.
3. In the time of 'Uthman.

Why was no Book left by the Prophet?

The Prophet Muhammad did not present to his Companions the revelation collected and arranged in a single written volume. There are a number of good reasons for this:

- Because the revelation did not come down in one piece, but at intervals and was received continuously until the end of the Prophet's life.
- Because some verses were abrogated in the course of revelation, and therefore flexibility needed to be maintained.
- The ayat and suras were not always revealed in their final order, but were arranged later.
- The Prophet lived only nine days after the last revelation and was severely ill.
- There was no dispute or friction about the Qur'an during the time of the Prophet, as developed afterwards when he, as the final authority, was no longer available.

Writing down the Revelation

While writing was not widespread among the people in Arabia at the time of the Prophet there were persons of whom it is reported that they did write. It is said for example of Waraqa, Khadija's cousin, that he had been converted to Christianity in the pre-Islamic period 'and used to write Arabic and write of the Gospel in Arabic as much as Allah wished him to write'. "

The Prophet himself did much to encourage the Muslims to learn to write. It is related that some of the Quraish, who were taken prisoners at the battle of Badr, regained their freedom after they had taught some of the Muslims the art of writing.'

Did the Prophet himself write?

Although it is not clear whether the Prophet Muhammad knew how to write, there is unanimous agreement among scholars that Muhammad himself did not write down the revelation. The Qur'an clearly states:

'And thou (O Muhammad) was not a reader of any scripture before it, nor didst thou write it with thy right hand, for then might those have doubted who follow falsehood' (29:48).

The Qur'an also refers to Muhammad on several occasions as the 'unlettered prophet' which some scholars have interpreted in the sense that he did not read or write:


'Those who follow the apostle, the unlettered prophet ...' (7: 157).

His community too has been described as 'unlettered':

'It is he who has sent amongst the unlettered an apostle from among themselves ...' (62:2).

The Qur'an written during the Prophet's Lifetime

There is no doubt that the Qur'an was not only transmitted orally by many Muslims who had learned parts or the whole of it, but that it was also written down during the lifetime of the Prophet.

The well-known report about 'Umar's conversion shows that large passages of the revelation had already been written down even at a very early time, in Makka, long before the hijra, when the Prophet was still in the house of Arqam. 'Umar had set out to kill the Prophet Muhammad, when somebody informed him that Islam had already spread into his own family and pointed out to him that his brother-in-law, his nephew and his sister had all become Muslims. 'Umar went to the house of his sister and found her together with her husband and another Muslim. A dispute arose and 'Umar violently attacked both his brother-in-law and his own sister. 'When he did that they said to him "Yes, we are Muslims and we believe in God and His apostle and you can do what you like". When 'Umar saw the blood on his sister, he was sorry for what he had done and turned back and said to his sister, 'Give me this sheet which I heard you reading just now so that I may see just what it is which Muhammad has brought', for 'Umar could write. When he said that, his sister replied that she was afraid to trust him with it. 'Do not be afraid', he said and he swore by his gods that he would return it when he had read it. When he said that, she had hopes that he would become a Muslim and said to him, 'My brother, you are unclean in your polytheism and only the clean may touch it'. So 'Umar rose and washed himself and she gave him the page in which was Taha and when he had read the beginning he said 'How fine and noble is this speech ..."

The Qur'an Dictated by the Prophet

The Qur'an was not only written down by those Companions who did so on their own initiative. Indeed, the Prophet, when a revelation came, called for the scribe and dictated to him. The Prophet while in Madina had several such scribes, among whom Zaid bin Thabit was very prominent.

Narrated al-Bara': There was revealed 'Not equal are those believers who sit (at home) and those who strive and fight in the cause of Allah' (4: 95). The Prophet said: 'Call Zaid for me and let him bring the board, the ink pot and the scapula bone (or the scapula bone and the ink pot).' Then he said: 'Write: Not equal are those believers ...

It is also reported that material upon which the revelation had been written down was kept in the house of the Prophet.

Written during the Prophet's Lifetime

Another report informs us that when people came to Madina to learn about Islam, they were provided with 'copies of the chapters of the Qur'an, to read and learn them by heart'.
Further evidence for the existence of the Qur'an as a written document during the lifetime of the Prophet comes from the following account:

'Abd Allah b. Abu Bakr b. Hazm reported: The book written by the apostle of Allah for 'Amr b. Hazm contained also this that no man should touch the Qur'an without ablution. The book, which Allah's messenger wrote for 'Amr b. Hazm that no one should touch the Qur'an except the purified one: Malik said: And no one should carry the mushaf by its strap, nor on a pillow, unless he is clean. And even if this be allowed to carry it in its cover, it is not disliked, if there is not in the two hands which carry it, something polluting the mushaf, but it is disliked for the one who carries it, and he is not clean, in honor to the Qur'an and respect to it. Malik said: The best I heard about this is the verse 'None shall touch it but those who are clean' (56: 79). ﻻﻳﻣﺳﻪ ﺇﻻ ﺍﻟﻣﻁﻬﺭﻭﻥ

The commentary to the muwatta' explains that the book referred to as written by the Prophet (which means of course written upon his instruction) was sent with some Muslims for instruction in Islam of the people of Yemen.

In fact the Qur'anic verse 56: 79, read in context, clearly explains that the Qur'an is available to those who receive instruction by revelation, in the form of a book or a piece of writing:


'... this is indeed a Qur'an most honorable, in a book (kitab) well guarded, which none shall touch but those who are clean: a revelation from the Lord of the worlds' (56: 77-80).

The same fact, i.e. that the Qur'an did exist as a written document in the lifetime of the Prophet is proved by the following ahadith:

From Ibn 'Umar: ... 'The messenger of Allah (may peace be upon him) said: "Do not take the Qur'an on a journey with you, for I am afraid lest it should fall into the hands of the enemy".
The correctness of the assumption that the reference is to a written document is supported by one of the transmitters: Ayyub (i. e. one of the narrators in the chain of transmission of this report) said: The enemy may seize it and may quarrel with you over it.

Furthermore, the chapter-heading used by Bukhari for the section, (which usually contains additional information,) explains:

'Ibn 'Umar said: No doubt the Prophet and his Companions traveled in the land of the enemy and they knew the Qur'an then.


Collection of Revelation during the Prophet's Lifetime

During his last pilgrimage, at the sermon which he gave to the large gathering of Muslims, the Prophet said: 'I have left with you something which if you will hold fast to it you will never fall into error- a plain indication, the book of God and the practice of his prophet.

This advice from the Prophet to the Muslims implies that the revelation was available as kitab (writing) before his death, for otherwise he would have referred to it in some other term.

From other reports also, we can conclude that the Prophet himself took care of the actual arrangement of the revelation, when it was written down.
Zaid is reported to have said:

'We used to compile the Qur'an from small scraps in the presence of the Apostle.'

'Uthman said, that in later days, the Prophet 'used to, when something was revealed to him, call someone from among those who used to write for him and said: Place these ayat in the sura, in which this and this is mentioned, and when (only) one aya was revealed to him, he said: Place this aya in the sura in which this and this is mentioned'.

This indicates that not only was the revelation written down during the lifetime of the Prophet, but that he himself gave instructions for the arrangement of the material. According to some other reports, it is also clear, that this proper arrangement and order of the ayat was well known to the Companions of the Prophet, and they were not prepared to tamper with it.

'Narrated Ibn Az-Zubair: I said to 'Uthman "This verse which is in Sura al-Baqara: 'those of you who die and leave wives behind ... without turning them out' has been abrogated by another verse. Why then do you write it in the Qur'an?" 'Uthman said: Leave it (where it is) O son of my brother, for I will not shift anything of it (i . e. the Qur'an) from its original position.'

Similarly quite a number of reports mention the various Suras by their names or beginnings. Two examples may suffice to make this point:

Narrated Abu Huraira: The Prophet used to recite the following in the Fajr prayer of Friday: Alif Lam Mim Tanzil (Sajda) (32) and Hal-ata 'ala-l-Insani (al-dahr) (76).

Abu Huraira said: God's messenger recited in both rak'as of the dawn prayer: "Say O unbelievers (99) and Say, He is God, one God (112).'

The order and arrangement was of course well known to the Muslims due to the daily recitation of the Qur'an in the prayers at the mosque of the Prophet and at other places. Finally there are three ahadith in Sahih Bukhari, informing us that the Angel Gabriel used to recite the Qur'an with the Prophet once a year, but he recited it twice with him in the year he died. The Prophet used to stay in i'tikaf for ten days every year (in the month of Ramadan), but in the year of his death, he stayed in i'tikaf for twenty days.

We can therefore distinguish the following measures which ensured the collection of the revelation in writing during the lifetime of the Prophet:

- Revelation used to be written down even in the very early days of the Prophet's call.
- In Madina, the Prophet had several persons who wrote down revelation when it was revealed.
- The Prophet himself instructed his scribes as to where the different revealed verses should be placed, and thus determined the order and arrangement.
- This order and arrangement was well known to the Muslims and strictly observed by them.
- The Angel Gabriel went through all the revelation with Muhammad each year in Ramadan, and went through it twice in the year the Prophet died.
- There are numerous reports about the existence of the written Qur'an - in the form of a book or piece of writing (kitab) during the lifetime of the Prophet.


What did the Prophet leave behind?

The way the material of revelation was left by the Prophet at his death was the most suitable for the Companions in that:

- All parts of the revelation were available both in written form and memorized by the Companions.
- All pieces were available on loose writing material, making it easy to arrange them in the proper order.
- The order already fixed of the ayat within the suras, in the written form, as well as in the memory of the Companions, and of the suras in the memory of the Companions.

What arrangement could have been better than to have everything to hand in written form, as well as memorized by the Muslims, and to have the order and arrangement already determined, partially in the written form and completely in the memories of the people?

It is for these reasons that a later scholar, al-Harith al- Muhasibi in his book kitab fahm al-Sunan, summarized the first phase of the written collection of the Qur'anic material in the following words:

'Writing of the Qur'an was no novelty, for the Prophet used to order that it be written down, but it was in separate pieces, on scraps of leather, shoulder blades and palm risp, and when (Abu Bakr) al-Siddiq ordered that it be copied from the (various) places to a common place, which was in the shape of sheets, these (materials) were found in the house of the Prophet in which the Qur'an was spread out, and he gathered it all together and tied it with a string so that nothing of it was lost.

It is obvious that the history of the Qur'anic text (Textgeschichte) cannot be compared with that of other Holy Scriptures. While the books of the Old and New Testaments, for example, were written, edited and compiled over long periods, sometimes centuries, the text of the Qur'an, once revelation had ceased, has remained the same to this day.

How the suhuf were made

Tradition informs us that at the Battle of Yamama (11/633), in the time of Abu Bakr, a number of Muslims, who had memorized the Qur'an were killed. Hence it was feared that unless a written copy of the Qur'an were prepared, a large part of the revelation might be lost.

The following is the account in the Sahih Bukhari

Narrated Zaid bin Thabit Al-Ansari, one of the scribes of the Revelation: Abu Bakr sent for me after the casual- ties among the warriors (of the battle) of Yamama (where a great number of Qurra were killed). 'Umar was present with Abu Bakr who said: "Umar has come to me and said, the People have suffered heavy casualties on the day of (the battle of) Yamama, and I am afraid that there will be some casualties among the Qurra (those who know the Qur'an by heart) at other places, whereby a large part of the Qur'an may be lost, unless you collect it. And I am of the opinion that you should collect the Qur'an.' Abu Bakr added, 'I said to 'Umar, "How can I do something which Allah's Apostle has not done?" 'Umar said (to me) "By Allah, it is (really) a good thing". So 'Umar kept on pressing trying to persuade me to accept his proposal, till Allah opened my bosom for it and I had the same opinion as 'Umar'. (Zaid bin Thabit added:) 'Umar was sitting with him (Abu Bakr) and was not speaking. Abu Bakr said (to me), 'You are a wise young man and we do not suspect you (of telling lies or of forgetfulness); and you used to write the Divine Inspiration for Allah's Apostle. Therefore, look for the Qur'an and collect it (in one manuscript)'. By Allah, if he (Abu Bakr) had ordered me to shift one of the mountains (from its place) it would not have been harder for me than what he had ordered me concerning the collection of the Qur'an. I said to both of them, 'How dare you do a thing which the Prophet has not done?' Abu Bakr said, 'By Allah, it is (really) a good thing. So I kept on arguing with him about it till Allah opened my bosom for that which He had opened the bosoms of Abu Bakr and 'Umar. So I started locating the Quranic material and collecting it from parchments, scapula, leafstalks of date palms and from the memories of men (who knew it by heart). I found with Khuzaima two verses of Surasat- Tauba which I had not found with anybody else (and they were):


'Verily there has come to you an Apostle (Muhammad) from among yourselves. It grieves him that you should receive any injury or difficulty. He (Muhammad) is ardently anxious over you (to be rightly guided)' (9:128).

The manuscript on which the Qur'an was collected, remained with Abu Bakr till Allah took him unto Him, and then with 'Umar till Allah took him unto Him, and finally it remained with Hafsa, 'Umar's daughter. Here we can distinguish the following steps, which led to the preparation of the suhuf:

- Zaid was instructed by Abu Bakr to collect the Qur'an.
- Zaid collected it from various written materials and the memories of people.
- The sheets thus prepared were kept with Abu Bakr, then 'Umar, then Hafsa.

THE MUSHAF OF 'UTHMAN

During the time of 'Uthman differences in reading the Qur'an became obvious, and after consultation with the Companions, 'Uthman had a standard copy prepared from the suhuf of Abu Bakr that were kept with Hafsa at that time. The following is the report transmitted in the Sahih Bukhari

Narrated Anas bin Malik: Hudhaifa bin Al-Yaman came to 'Uthman at the time when the people of Sham and the people of Iraq were waging war to conquer Arminya and Adharbijan. Hudhaifa was afraid of their (the people of Sham and Iraq) differences in the recitation of the Qur'an, so he said to 'Uthmfin, 'O chief of the Believers! Save this nation before they differ about the Book (Qur'an), as Jews and the Christians did before'. So 'Uthman sent a message to Hafsa saying, 'Send us the manuscripts of the Qur'an so that we may compile the Qur'anic materials in perfect copies and return the manuscripts to you'. Hafsa sent it to 'Uthman. 'Uthman then ordered Zaid bin Thabit, 'Abdullah bin Az-Zubair, Sa'id bin Al-'As and 'Abdur Rahman bin Hari-bin Hisham to rewrite the manuscripts in perfect copies. 'Uthman said to the three Quraishi men, 'In case you disagree with Zaid bin Thabit on any point in the Qur'an, then write it in the dialect of Quraish as the Qur'an was revealed in their tongue'. They did so, and when they had written many copies, 'Uthman returned the original manuscripts to Hafsa. 'Uthman sent to every Muslim province one copy of what they had copied, and ordered that all the other Qur'anic materials whether written in fragmentary manuscripts or whole copies, be burnt. Zaid bin Thabit added, 'A verse from Sura al-Ahzab was missed by me when we copied the Qur'an and I used to hear Allah's Apostle reciting it. So we searched for it and found it with Khuzaima bin Thabit Al-Ansari'. (That verse was): 'Among the Believers are men who have been true in their covenant with Allah' (33: 23).

The following events led to the preparation of the mushaf of 'Uthman:
- Disputes had arisen among the Muslims about the correct manner of reciting the Qur'an.
- 'Uthman borrowed the suhuf, which were kept with Hafsa.
- 'Uthman ordered four Companions, among them Zaid bin Thabit, to rewrite the script in perfect copies.
- 'Uthman sent these copies to the main centers of the Muslims to replace other materials that were in circulation.

The Difference between Abu Bakr's and 'Uthman's Collection

Abu Bakr had made one single copy from the various verbal and written material. This copy was later kept by 'Umar and then by his daughter Hafsa.

'Uthman had many copies prepared from this copy and sent them to various places in the Muslim world, while the original suhuf were returned to Hafsa and remained with her until her death. Later, Marwan b. Hakam (d. 65/684), according to a report in Ibn Abi Dawud, collected it from her heirs and had it destroyed, presumably fearing it might become the cause for new disputes. 'Uthman also kept one of the copies for himself. This version of the text, also known as 'Mushaf 'Uthman in fact constitutes the ijma'(consensus) of the sahaba, all of whom agreed that it contained what Muhammad had brought as revelation from Allah.

The wide distribution of this text and its undisputed authority can also be deduced from the reports on the battle of Siffin (A.H. 37) 27 years after the death of the Prophet, and five years after 'Uthman's copies were distributed, Mu'awiya's troops fixed sheets from the Qur'an on their spears to interrupt the battle. However nobody accused anyone else of using a 'partisan' version of the text, which would have made a splendid accusation against the enemy.

Form, Language and Style

DIVISIONS OF THE TEXT

Aya and Sura

Aya (pl. ayat) actually means 'sign'. In technical language it is the shortest division of the Qur'anic text, i.e. a phrase or sentence. The revelation is guidance from God to mankind and it is therefore not at all surprising to find that its smallest divisions are called (guiding) 'signs'. The term 'verse' is not appropriate since the Qur'an is not poetry.

Sura (pl. Suwar) means literally 'row' or 'fence'. In technical language, it is the passage-wise division of the Qur'anic text, i.e. a chapter or part, set apart from the preceding and following text.
The Qur'an has 114 suras of unequal length, the shortest consisting of four and the longest of 286 ayat. All suras (with the exception of Sura 9) begin with the words bismillahir rahmanir rahim. This is not a later addition to the text, but was already used, even before Muhammad's call to prophethood. '

All 114 suras in the Qur'an have names, which serve as a sort of heading. The names are often derived from an important or distinguishing word in the text itself, such as e.g. al- anfal (8) or al-baqara (2). In other cases it is one of the first few words with which the Sura begins e.g. ta-ha (20) or al-furqan (25).

Order and Arrangement

Both the order of the ayat within each sura and the arrangement of the suras were finally determined by the Prophet under guidance from the Angel Gabriel in the year of his death, when Gabriel twice came to revise the text with him.

Scholars have also grouped the suras into four kinds:

1. al-tiwal ﺍﻟﻁﻭﺍﻝ (long ones): 2-10.
2. al-mi'un: ﺍﻟﻣﻌﻭﻥ suras with approximately 100 ayat: 10-35.
3. al-mathani: ﺍﻟﻣﺛﺎﻧﻰ suras with less than 100 ayat: 36-49.
4. al-mufassal: ﺍﻟﻣﻔﺻﻝ the last section of the Qur'an beginning with Sura qaf: 50-114.

Other Divisions of the Text

Juz' (pl. ajza') literally means part, portion. The Qur'an is divided into 30 portions of approximately equal length for easy recitation during the thirty nights of a month, especially of the month of Ramadan. Usually they are indicated by the word and the number of it given alongside, (e.g. juz' 30 beginning with Sura 78).

Some copies of the Qur'an have the suras divided into paragraphs called ruku'. They are indicated by the symbol and the explanation of the Arabic numerals written with each is as follows, e.g. 2:20:

- The top figure (2) indicates that this is the second completed ruku ' in the respective sura (here Sura al-baqara) .
- The middle figure (13) indicates that this completed ruku' contains 13 ayat.
- The lower figure (2) indicates that this is the second ruku' in the respective juz' (here first juz').

Copies of the Qur'an printed in the Middle East in particular have each juz' subdivided into four hizb indicated by the sign e.g. 2:74 is the beginning of the second hizb of the Qur'an, indicated by the figure 2:

Each hizb is again subdivided into quarters, indicated as follows:

- First quarter of the hizb:
- Half of the hizb:
- Third quarter of the hizb:

The Qur'an Needed to be Understood

The Qur'an contains revelation from Allah and the true nature of revelation is to guide mankind from darkness to light:

'A book which we have revealed unto thee in order that thou mightiest lead mankind out of the depths of darkness into light- by the leave of thy Lord- to the way of (Him) the exalted in power, worthy of all praise' (14: 1).

The revelation came in the language of the messenger and his people in order that it might be understood:

'We have made it a Qur'an in Arabic that ye may be able to understand (and learn wisdom)' (43: 3).

In the process of understanding a message two steps are essential:

- To receive the message correctly and completely, in this case to receive its words correctly and completely.
- To 'decode' it, to grasp the meanings of the message received. Only the combination of the two elements, i.e. reception and decoding, lead to proper understanding of the message.


To Understand the Qur'an

It is not correct to assume that understanding the Qur'an in order to take guidance from it depends upon direct knowledge of the Arabic language, since there are numerous Arabic- speaking people who do not understand the message of the Qur'an. Rather the Qur'an tells us that right guidance comes only from Allah:


'This is the guidance of God: He giveth that guidance to whom He pleaseth of His worshippers ...' (6: 88).

However, to understand the language of the Qur'an is a prerequisite to fully grasp its meanings. Hence many Muslims have learned this language. Others, who have not done so, make use of translations, which for them is an indirect means of knowing the language, as in the translations the meanings of the Qur'an have been rendered into their mother tongues so that they may familiarize themselves with the message from Allah. This message can be understood by all human beings who are willing to listen, for the Qur'an is not difficult but easy:

'We have indeed made the Qur'an easy to remember: but is there any that remembers it?' (54: 17).

UNDERSTANDING THE TEXTMAKKAN AND MADINAN REVELATIONSThe growth and development of the Muslim umma is marked by two great phases:- The period in Makka, before the hijra (A.D. 622).- The period in Madina, after the hijra.Naturally the revelation from Allah to guide the Muslims also responded, to some extent, to these particular situations.The Makkan PhaseThe Makkan phase of the revelation lasted about 13 years, from the first revelation up to the hijra.This phase is determined by the prime task of the Prophet to call people to Islam. The main themes of this call, based on the Qur'anic revelation are:- Allah and His unity (tawhid).- The coming resurrection and judgment.- Righteous conduct.The role of the Prophet in this phase is in particular that of an announcer and warner.
The Madinan PhaseThe Madinan phase lasted about ten years, from the hijra to the death of the Prophet. While the basic themes of the Makkan phase remain, the factor of the Muslims' growing together into a community and the formation of the umma, now makes its presence clearly felt.
In Madina, there are four groups of people to be met:- The mujajirun, who migrated from Makka to Madina.- The ansar, who originated from Madina and helped the muhadjirun.- The munafiqun, who are from Madina and pretended to support the Muslims.- The ahl al-kitab, i.e. Jews and Christians, with their respective scriptures.In addition to these the Qur'an also continued to address al-nas, 'mankind' i.e. all people, and referred to the disbelievers and ignorant ones.Makkan and Madinan SurasSuras of the Qur'an have also been classified, according to their origin, into Makkan and Madinan suras.A sura is said to be of Makkan origin, when its beginning was revealed in the Makkan phase, even if it contains verses from Madina.A sura is said to be of Madinan origin, when its beginning was revealed in the Madinan phase, even if it has verses from the Makkan period in its text.

ASBAB AL-NUZULThe Qur'an has been revealed for guidance, for all times and situations to come. However, various ayat were revealed at a particular time in history and in particular circumstances. The Arabic word sabab (pl. asbab) means reason, cause and 'marifa asbab al-nuzul' is the knowledge about the reasons of the revelations, i.e. the knowledge about the particular events and circumstances in history that are related to the revelation of particular passages from the Qur'an.
Its ImportanceWahidi (d. 468/1075), one of the best classical scholars in this field wrote: 'The knowledge about Tafsir of the ayat is not possible without occupying oneself with their stories and explanation of (the reasons) for their revelation.' Knowledge about the asbab al-nuzul helps one to understand the circumstances in which a particular revelation occurred, which sheds light on its implications and gives guidance to the explanation (tafsir) and application of the aya in question for other situations.In particular, knowledge about the asbab al-nuzul helps one to understand:- The direct and immediate meaning and implication of an Aya, as it can be seen within its original context.- The imminent reason underlying a legal ruling.- The original intent of the aya.- Whether the meaning of an aya is specific or of general application, and if so, under which circumstances it is to be applied.- The historical situation at the time of the Prophet and the development of the early Muslim community.Example:

'To God belong the East and the West: whithersoever ye turn, there is the presence of God, for God is all-pervading, all-knowing' (2:115).
Without knowing the sabab (reason), one might easily conclude that this revelation permits the Muslim to face any direction when performing prayer, while it is well known that to face qibla is one of the conditions without which prayer becomes invalid. The circumstances in which this revelation occurred explains its implications:According to Wahidi a group of Muslims traveled on a dark night and they did not know where the qibla was, so they later realized that they had prayed in the wrong direction. They asked the Prophet about it and he kept silent until the above verse was revealed. ' Taking into account this reason for the revelation one cannot come to the wrong conclusion that it is unimportant where to turn in prayer. The scholars say however that this verse excuses the mistake of those who unwillingly and under adverse circumstances fail to observe the correct qibla.How it is KnownThe well-known asbab al-nuzul have been related to us by the reliable Companions of the Prophet Muhammad. Only reports which are sahih can be considered fully reliable, as is the case in the science of hadith generally. A particular condition here is also that the person who relates it should have been present at the time and occasion of the event (the revelation). " Reports from tab'iun only, not going back to the Prophet and his Companions are to be considered weak (da'if). Hence one cannot accept the mere opinion of writers or people that such and such verse might have been revealed on such and such occasion. Rather one needs to know exactly who related this incident, whether he himself was present, and who transmitted it to us.Kinds of ReportsThere are two kinds of reports on asbab al-nuzul:- Definite reports.- Probable reports.
In the first kind (definite) the narrator clearly indicates that the event he relates is the sabab al-nuzul.Example:Narrated Ibn 'Abbas: the verse 'Obey Allah and obey the apostle and those of you (Muslims) who are in authority ...' (4: 59) was revealed in connection with 'Abdullah bin Hudafa bin Qais bin 'Adi when the Prophet appointed him as the commander of a sariyya (army detachment). In the second kind (probable) the narrator does not indicate clearly that the event narrated is the sabab al-nuzul, but suggests this probability.Example:Narrated 'Urwa: Az-Zubair quarreled with a man from the Ansar because of a natural mountainous stream at Al-Harra. The Prophet said: O Zubair, irrigate (your land) and then let the water flow to your neighbor. The Ansar said: O Allah's apostle (this is because) he is your cousin? At that the Prophet's face became red (with anger) and he said: O Zubair. Irrigate (your land) and then withhold the water till it fills the land up to the walls and then let if flow to your neighbor. So the Prophet enabled Az-Zubair to take his full right after the Ansari provoked his anger.The Prophet had previously given an order that was in favor of both of them. Az-Zubair said: 'I don't think but this verse was revealed in this connection: But no, by your Lord, they can have no faith, until they make you judge in all disputes between them' (4: 65). Kinds of ReasonsThere are three kinds of 'reasons' which are connected with revelation of particular passages from the Qur'an:1 Revelation in response to an event or a general situation.2 Revelation in response to a particular question that has been asked by someone.3 Revelation for other reasons, known or not known to us.Examples:Response to an EventNarrated Ibn 'Abbas: The Prophet went out towards Al-Batha' and ascended the mountain and shouted: 'O Sabahah', so the Quraish people gathered around him. He said: 'Do you see? If I tell you that an enemy is going to attack you in the morning or in the evening, will you believe me?' They replied: 'Yes'. He said- 'Then I am a plain warner to you of a coming severe punishment'. Abu Lahab said: 'Is it for this reason that you have gathered us? May you perish!' Then Allah revealed 'Perish the hands of Abu Lahab' (Sura 111: verse 1). The Sura concerning Abu Lahab was revealed in response to this event, when Abu Lahab said: 'May you perish!'Response to a Particular SituationSura 2:158 concerning Safa and Marwa was revealed in response to a particular situation in Makka during the time of the Prophet.
Narrated 'Urwa: I asked 'A'isha (regarding the Sa'i between As-Safa and Al-Marwa). She said: 'Out of reverence to the idol Manat which was placed in Al-Mushallal those who used to assume Ih. ram in its name, used not to perform Sa'l between As-Safa and Al-Marwa (because there were two other idols between these two hills). So Allah revealed: Verily As.-Safa and Al-Marwa are among the symbols of Allah.' Thereupon Allah's apostle and the uslims used to perform Sa'i (between them). Sufyan said: The (idol) Manat was at Al-Mushallal in Qudaid. 'A'isha added: The verse was revealed in connection wlth the Ansar. They and (the tribe of) Ghassan used to assume Ih. ram in the name of Manat before they embraced Islam'. 'A'isha added 'There were men from the Ansar who used to assume ihram in the name of Manat which was an idol between Makka and Medina. They said, O Allah's Apostle! We used not to perform the Tawaf (sa'i) between As-Safa and Al-Marwa out of reverence to Manat. " In response to this situation 2: 158 was revealed.Question to the ProphetOn many occasions the Muslims addressed questions to the Prophet concerning Islamic beliefs and the Islamic way of life. An example of the many occasions when a revelation was revealed in response to such a question posed to the Prophet is Sura4: 11:
Narrated Jabir: The Prophet and Abu Bakr came on foot to pay me a visit (during my illness) at Banu Salama's (dwellings). The Prophet found me unconscious, so he asked for water and performed the ablution from it and sprinkled some water over me. I came to my senses and said O Allah's apostle! What do you order me to do as regards my wealth?So there was revealed 'Allah commands you as regards your children's (inheritance)' (4: 11).The verse in question is concerned with inheritance and explains the rules of inheritance for children as follows:God (thus) directs you as regards your children's (inheritance):
'To the male a portion equal to that of two females: if only daughters, two or more, their share is two-thirds of the inheritance. If only one, her share is half ...' (4:11).Question by the ProphetOn other occasions, the Prophet himself asked questions. Sura 19: 64 was revealed in response to such a question by the Prophet Muhammad:Narrated Ibn 'Abbas: The Prophet said to the Angel Gabriel, What prevents you from visiting us more often than you visit us now? So there was revealed: 'And we (angels) descend not but by the command of your Lord. To Him belongs what is before us and what is behind us ....' (19: 64).' Response to a General QuestionThere are numerous occasions when revelation was sent down providing guidance concerning general questions that had arisen in the Muslim community.Thabit narrated from Anas: Among the Jews, when a woman menstruated, they did not dine with her, nor did they live with them in their houses; so the Companions of the apostle (may peace be upon him) asked the apostle (may peace be upon him) and Allah the Exalted revealed:
'And they ask you about menstruation: say it is a pollution, so keep away from women during menstruation' to the end (Qur'an 2: 222).The messenger of Allah (may peace be upon him) said Do everything except intercourse... This report is also a good example of how the Prophet himself explained the meanings of the revelation when such questions arose.Particular PersonsOften a general rule which became part of the Qur'anic revelation, was first revealed in response to the circumstances or needs of a particular person, e.g. Sura 2:196:'... And if any of you is ill, or has an ailment in his scalp (necessitating shaving) he should in compensation either fast or feed the poor or offer sacrifice ...' Ka'b bin 'Ujra said this verse - and if one of you is ill or has an ailment in his scalp, - was revealed concerning me. I had lice on my head and I mentioned this to the Prophet and he said:
Shave (your head) and compensate by fasting three days or a sacrifice or feed six poor, for each poor one Sa'. This is again an example of the Prophet himself explaining the revelation in detail. At other times such revelation could not be applied but to the respective person. The best example of such a revelation is Sura Lahab (111) already referred to above. Other examples are references to the Prophet Muhammad in the Quran, such as e.g. Sura 75: 16:Narrated Ibn 'Abbas (as regards Allah's statement) 'Move not your tongue concerning (the Qur'an) to make haste therewith' (75:16).When the Angel Gabriel revealed the divine inspiration to Allah's Apostle he moved his tongue and lips, and that stage used to be very hard for him, and that movement indicated that revelation was taking place. So Allah revealed in Sura al-qiyama which begins: 'I do swear by the Day of Resurrection ...'
The Verses: 'Move not your tongue concerning (the Qur'an) to make haste therewith. It is for us to collect it (Qur'an) in your mind and give you the ability to recite it by heart' (75:16-17).Several Asbab and One RevelationFrom the reports of the sahaba it appears that particular passages of the Qur'an were revealed in response to morethan one event, situation or question, or that the application of a particular passage of the Qur'an was for more than one particular occasion, as pointed out above.Examples:Sura al-ikhlas (112) firstly responds to the mushrikdn in Makka before the hijra, and secondly to the ahl al-kitab encountered in Madina after the hijra. Another example is Sura 9: 113:This aya was revealed firstly in connection with the death of the Prophet's uncle Abu Talib, where Muhammad said 'I will keep on asking (Allah for) forgiveness for you unless I am forbidden to do so'. Then there was revealed: it is not fitting for the Prophet and those who believe that they should pray for forgiveness for pagans, even though they be of kin, after it has become clear to them that they are the companions of the Fire. The other occasion reported is when the Companions and in particular 'Umar b. al-Khattab found the Prophet shedding tears when he visited the graveyard. The Prophet explained that he had visited his mother's grave and that he had asked his Lord's permission to visit it which had been granted to him and that he had also asked his Lord's permission to pray for her forgiveness which had not been granted to him and the above aya had been revealed. Several Revelations and One SababA well-known example for several revelations, which are connected with one particular circumstance, are three verses which according to reliable reports, came down in response to the question of Umm Salama, whether or why only the men had been referred to in the Qur'an, as being rewarded. According to Al-Hakim and Tirmidhi the verses 3:195, 4: 32 and 33:35 were revealed in response to this question:

'And their Lord has accepted of them and answered them: Never will I suffer to be lost the work of any of you be he male or female: Ye are members, one of another: those who have left their homes, or have been driven out therefrom, or suffered harm in My cause, or fought or been slain - verily I will blot out from them their iniquities and admit them into gardens with rivers flowing beneath; a reward from the presence of God andfrom His presence is the best of rewards' (3: 195).

'And in no wise covet those things in which God has bestowed His gifts more freely on some of you than on others; to men is allotted what they earn and to women what they earn: but ask God of His bounty for God has full knowledge of all things' (4: 32).


'For Muslim men and women - for believing men and women - for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in charity, for men and women who fast, for men and women who guard their chastity, and for men and women who engage much in God's praise - for them has God prepared forgiveness andgreat reward' (33:35).Several Views on Sabab al-NuzulIt also occurs that the Companions of the Prophet when mentioning a revelation, differed in their views about its sabab al-nuzul. This is due to the fact that as already shown above there have been various asbab for one particular revelation, and each of the persons reporting the circumstances had been present only on one of the various occasions.Otherwise several views about the same revelation have to be judged on their merits according to the rules of ''ulum al-,hadith, and one of them will be found to be stronger than the others.Example:There are two reports concerning the revelation of Sura 17: 85:According to Ibn 'Abbas, as reported in Tirmidhi, the Quraish asked the Jews to give them something they could ask the Prophet about and they were advised to ask about the Spirit (al-ruh). Then the aya 17:85 was revealed.From Ibn Mas'ud, as reported in Bukhari, it is related that he said:While I was in the company of the Prophet on a farm, and he was reclining on a palm leaf stalk, some Jews passed by. Some of them said to the others: Ask him about the Spirit. Some of them said: What urges you to ask him about it. Others said: (Don't) lest he should give you a reply which you dislike, but they said, Ask him. So they asked him about the Spirit. The Prophet kept quiet and did not give them any answer. I knew that he was being divinely inspired so I stayed at my place. When the divine inspiration had been revealed, the Prophet said 'They ask you (O Muhammad) concerning the Spirit. Say: "the Spirit", its knowledge is with my Lord and from the knowledge it is only a little that has been given to you (mankind)' (17: 85).The second report, although the first one has been declared sahl.h by Tirmidhi, is considered to be stronger because it comes from Ibn Mas'ud, who says that he was present on the occasion of the revelation, while the report from Ibn 'Abbas in Tirmidhi does not contain this information.

Specific or General?Another question leads directly to the field of tagstr, but is still connected with asbab al-nuzul. When one knows about the sabab al-nuzuls it is still to be decided whether the revelation has a specific implication for the particular occasion it was connected with, or whether it is of general implication and needs to be applied by all Muslims at all times.Example:
'As to the thief, male or female, cut off his or her hands: a punishment by way of example, from God, for their crime: and God is exalted in power' (5: 41).This verse although it was revealed concerning a specific person who had stolen a piece of armor and had been punished accordingly, is of general application. What is not Asbab al-NuzulIn some cases scholars have provided us with the background of certain events that have been narrated in the Qur'an. Obviously, however, such information does not belong to the field of asbab al-nuzul. Although it may help to understand the message of the revelation, it is not related in a direct and reliable way, showing immediate reason for or the occasion of the revelation.Example:
'Seest thou not how thy Lord dealt with the companions of the elephant?' (105:1).The following passage from a book of tatsrr, although it contains information about the background of the event narrated in the sura, does not belong to the field of asbab al-nuzul:(The companions of the elephant) had come from the Yemen and wanted to destroy the Ka'ba (they were) from Abyssinia and their leader was Abraha al-Ashram, the Abyssinian.

READING AND STUDYING THE QUR’AN

ETIQUETTE WITH THE QUR’AN

Cleanliness

The Holy Qur’an is the word of Allah addresses to us, and we should therefore treat it with due respect. One of the prime conditions for handling the Qur’an has been set in the book itself:

“A book well guarded which none shall touch but those who are clean” (56:78-9).

This means that in order to touch the Qur’an one needs to be in a state of ritual purity (tahara) to be obtained through wudu or gusl, as the case ma be.

The Right Niyya

When taking up the Qur’an for study, recitation and reflection it must be done with the intention to seek Allah’s pleasure. Although worldly gain may be found in the revelation from Allah, as may be derived from practices in religion and Islam, the true servant of Allah is concerned with the world to come and considers his actions here and now as preparation for the life to come.

In a hadith reported by ‘Ubaida al-Maliki the Prophet Muhammad said:

“O ye who believe in the Qur’an, do not make it a pillow, but correctly recite it day and night and popularize its recitation. Pronounce its words correctly and whatever is said in the Qur’an you should think over it to take guidance from it that you may become successful and never think gaining worldly benefits through it but recite it just to secure God’s pleasure”.

There are a number of points in this advice from the Prophet which we need to consider:
Recite it day and night; this implies a regularity of Qur’anic recitation which should be a continuous preoccupation.
Popularize it; this implies that one should firstly observe the instruction to recite regularly and secondly invite and give encouragement to others to do so, such as one’s family members, relatives, friends, etc.
Pronounce its words correctly; this implies that one needs to pay attention to correct pronunciation both of the various letters as well as words, length, pauses, etc.
Think over it; this implies the need to understand what one recites. Although mere recitation of words is also of some benefit, the Prophet’s instruction is unmistakably clear that one should reflect, seek guidance and hence act upon what one recites. This is indeed a very important point, especially in the present state of Muslims, where hardly anyone reflects upon the Qur’an and acts upon it.

Of course the Prophet’s emphasis on reflecting and acting is based upon Allah’s instruction in the Holy Qur’an itself:

“(Here is a) a book which we have sent down unto thee, full of blessings, that they may mediate on its signs, and that men of understanding may receive admonition”. (38:29).

ETIQUETTE OF READING AND RECITING:

Keep the Qur’an in a clean place.
Seek only Allah’s pleasure not any worldly gain.
Concentrate fully and leave aside all other preoccupations.
Be ritually clean, and sit on clean ground.
Preferably sit facing the Qibla.
Ibn Mas’ud read the Qur’an in the Mosque while kneeling on both knees.
Observe humility, tranquility and respect.
Begin with ta’awwudh… and basmala.
Read with a good voice.
Ask Allah’s blessing when reading a verse which contains a promise, and ask Allah’s help when reading a verse which contains a threat.
Repeat important verses many times.
Say ‘sadaqa-llahu-l-‘azim’ at the end of the recitation, and close with du’a that Allah may accept it from you.

Also:

Let no day pass without reading the Qur’an.
Do not read in a manner that disturbs others.
Sometimes read alone, sometimes in a group (your family too)
Reply, if someone gives salam while you read.
Interrupt, when you hear the adhan.
Observe sajda al-tilawa.
Memorize as much as you can.

RECITING THE QUR’AN:


The very first revelation to the Prophet Muhammad instructs him to recite the Qur’an: “Read, in the name of thy Lord….” (96:1).

And soon afterwards in Sura al-muzzammil he is told to observe a particular manner of recitation, which has since become the common from among Muslims of reading the Qur’an:
ﻭﺮﺗﻝ ﺍﻟﻗﺮﺀﺍﻥ ﺗﺮﺗﻳﻼ
“And recite the Qur’an in slow, measured rhythmic tones” (73:4).

This manner of reading (tilawa) the Qur’an is achieved by observing the rules of tajwid. The word tajwid is derived from the Arabic root ‘jawwada’, which means ‘to make well’, or ‘to improve’. It means ‘making good’. In technical language it carries two distinct meanings:

Correct and good pronunciation in recitation.
A mode of recitation of medium speed.


Verses from the Holy Qur’an:

Ablution


“O you who believe! When you intent to offer prayer, wash your faces and your hands up to the elbows, rub (by passing wet hands over) your heads, and (wash) your feet up to ankles. If you are in a sate of Janaba (i.e. had a sexual discharge), purify yourself (bathe your whole body). But if you are ill or on a journey or any of you comes from answering the call of nature, or have been contact with women (i.e. sexual intercourse) and you find no water, then perform tayammum with clean earth and rub therewith your faces and hands. Allah does not want to place you in difficulty, but He wants to purify you, and to complete His favor on you that you may be thankful”. (5:6)


Facing the Qiblah (prayer direction)


We see the turning of thy face (for guidance to the heavens: now Shall We turn thee to a Qibla that shall please thee. Turn then Thy face in the direction of the sacred Mosque: Wherever ye are, turn your faces in that direction. The people of the Book know well that that is the truth from their Lord. Nor is Allah unmindful of what they do.” (2:144)


PRAYERS



“Enjoin prayer on thy people, and be constant therein. We ask thee not to provide sustenance: We provide it for thee. But the (fruit of) the Hereafter is for righteousness.” (20:132)

“And be steadfast in prayer and regular in charity: And whatever good ye send forth for your souls before you, ye shall find it with Allah: for Allah sees Well all that ye do.” (2:110)


فَإِذَا قَضَيْتُمُ الصَّلاةَ فَاذْكُرُوا اللَّهَ قِيَامًا وَقُعُودًا وَعَلَى جُنُوبِكُمْ فَإِذَا اطْمَأْنَنْتُمْ فَأَقِيمُوا الصَّلاةَ إِنَّ الصَّلاةَ كَانَتْ عَلَى الْمُؤْمِنِينَ كِتَابًا مَوْقُوتًا

“When ye pass (Congregational) prayers, celebrate Allah's praises, standing, sitting down, or lying down on your sides; but when ye are free from danger, set up Regular Prayers: For such prayers are enjoined on believers at stated times.” (4:103)


“And establish regular prayers at the two ends of the day and at the approaches of the night: For those things, that are good remove those that are evil: Be that the word of remembrance to those who remember (their Lord).” (11:114)


يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نُودِيَ لِلصَّلاةِ مِنْ يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَى ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ ذَلِكُمْ خَيْرٌ لَكُمْ إِنْ كُنْتُمْ تَعْلَمُونَ

“O ye who believe! When the call is proclaimed to prayer on Friday (the Day of Assembly), hasten earnestly to the Remembrance of Allah, and leave off business (and traffic): That is best for you if ye but knew!” (62:9)




Zakat (alms/poor due)

وَأَقِيمُوا الصَّلاةَ وَآتُوا الزَّكَاةَ وَارْكَعُوا مَعَ الرَّاكِعِينَ

“And be steadfast in prayer; practise regular charity; and bow down your heads with those who bow down (in worship).” (2:43)

“Those who believe, and do deeds of righteousness, and establish regular prayers and regular charity, will have their reward with their Lord: on them shall be no fear, nor shall they grieve.” (2:277)

Recipients of the Zakat


”Alms are for the poor and the needy, and those employed to administer the (funds); for those whose hearts have been (recently) reconciled (to Truth); for those in bondage and in debt; in the cause of Allah; and for the wayfarer: (thus is it) ordained by Allah, and Allah is full of knowledge and wisdom.” (9:60)

Fasting

“O ye who believe! Fasting is prescribed to you as it was prescribed to those before you, that ye may (learn) self-restraint.” (2:183)


“And eat and drink, until the white thread of dawn appear to you distinct from its black thread; then complete your fast Till the night appears.” (2:187)



Pilgrimage (Hajj)


“Pilgrimage thereto is a duty men owe to Allah,- those who can afford the journey.” (3:97)


“And complete the Hajj or 'umra in the service of Allah. (2:196)


Marriage


“Marry women of your choice.” (4:3)


Mahr (Dower)


“And give to the women (whom you marry) their mahr with a good heart.” (4:3)


Forbidden to you for marriage


“Prohibited to you (For marriage) are:- Your mothers, daughters, sisters; father's sisters, Mother's sisters; brother's daughters, sister's daughters; foster-mothers (Who gave you suck), foster-sisters; your wives' mothers; your step-daughters under your guardianship, born of your wives to whom ye have gone in,- no prohibition if ye have not gone in;- (Those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same time, except for what is past; for Allah is Oft-forgiving, Most Merciful.” (4:23)

“Also (prohibited are) women already married, except those whom your right hands possess: Thus hath Allah ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property,- desiring chastity, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, agree Mutually (to vary it), there is no blame on you, and Allah is All-knowing, All-wise.” (4:24)



Divorce


وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلاثَةَ قُرُوءٍ وَلا يَحِلُّ لَهُنَّ أَنْ يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِي أَرْحَامِهِنَّ إِنْ كُنَّ يُؤْمِنَّ بِاللَّهِ وَالْيَوْمِ الآخِرِ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ إِنْ أَرَادُوا إِصْلاحًا وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ وَاللَّهُ عَزِيزٌ حَكِيمٌ
“Divorced women shall wait concerning themselves for three monthly periods. Nor is it lawful for them to hide what Allah Hath created in their wombs, if they have faith in Allah and the Last Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. And Allah is Exalted in Power, Wise.” (2:228)

الطَّلاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ وَلا يَحِلُّ لَكُمْ أَنْ تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلا أَنْ يَخَافَا أَلا يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلا يُقِيمَا حُدُودَ اللَّهِ فَلا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللَّهِ فَلا تَعْتَدُوهَا وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَأُولَئِكَ هُمُ الظَّالِمُونَ

“A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them if any do transgress the limits ordained by Allah, such persons wrong (Themselves as well as others).” (2:229)

فَإِنْ طَلَّقَهَا فَلا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ فَإِنْ طَلَّقَهَا فَلا جُنَاحَ عَلَيْهِمَا أَنْ يَتَرَاجَعَا إِنْ ظَنَّا أَنْ يُقِيمَا حُدُودَ اللَّهِ وَتِلْكَ حُدُودُ اللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ

“So if a husband divorces his wife (irrevocably), He cannot, after that, re-marry her until after she has married another husband and He has divorced her. In that case there is no blame on either of them if they re-unite, provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah, which He makes plain to those who understand.” (2:230)

وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ سَرِّحُوهُنَّ بِمَعْرُوفٍ وَلا تُمْسِكُوهُنَّ ضِرَارًا لِتَعْتَدُوا وَمَنْ يَفْعَلْ ذَلِكَ فَقَدْ ظَلَمَ نَفْسَهُ وَلا تَتَّخِذُوا آيَاتِ اللَّهِ هُزُوًا وَاذْكُرُوا نِعْمَةَ اللَّهِ عَلَيْكُمْ وَمَا أَنْزَلَ عَلَيْكُمْ مِنَ الْكِتَابِ وَالْحِكْمَةِ يَعِظُكُمْ بِهِ وَاتَّقُوا اللَّهَ وَاعْلَمُوا أَنَّ اللَّهَ بِكُلِّ شَيْءٍ عَلِيمٌ

“When ye divorce women, and they fulfil the term of their ('Iddat), either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them, (or) to take undue advantage; if any one does that; He wrongs his own soul. Do not treat Allah's Signs as a jest, but solemnly rehearse Allah's favours on you, and the fact that He sent down to you the Book and Wisdom, for your instruction. And fear Allah, and know that Allah is well acquainted with all things.” (2:231)

وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَلا تَعْضُلُوهُنَّ أَنْ يَنْكِحْنَ أَزْوَاجَهُنَّ إِذَا تَرَاضَوْا بَيْنَهُمْ بِالْمَعْرُوفِ ذَلِكَ يُوعَظُ بِهِ مَنْ كَانَ مِنْكُمْ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الآخِرِ ذَلِكُمْ أَزْكَى لَكُمْ وَأَطْهَرُ وَاللَّهُ يَعْلَمُ وَأَنْتُمْ لا تَعْلَمُونَ

“When ye divorce women, and they fulfil 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.(2:232)

Al-Qur'an, 002.228-232 (Al-Baqara [The Cow])

Text Copied from DivineIslam's Qur'an Viewer software v2.9


Reference:


Ali. Abdullah Yousuf. “The Glorious Qur’an, Translation and Commentary”. Beirut. 1934.

Ahmed, Hasanuddin. “Ulumul Qur’an.

Denfer, Ahmad Von. “ULUM AL-QUR’AN: An Introduction to the Sciences of the Qur’an”. The Islamic Foundation, UK. 1989.

Khan, Muhammad Muhsin. et.al. “Interpretation of the Noble Qur’an In the English Language”. Darussalam Publications. Saudi Arabia. 1997.



SUNNAH (TRADITION OF THE PROPHET)

The Concept of the Hadith & Sunnah:

• Hadith is “that which is narrated”.
• Hadith Prophet sayings.

• Sunnah literally means “a path or the way, a manner of life.”
• It signifies the practices of the Prophet

Difference between Qur’an & Traditions

• Qur’an is the word of God
• It is divine order
• The dictates of Almighty Allah

• Hadith are the words of the Prophet
• Are the words of human being

The tradition of the Prophet constitutes:

• The sayings of the Prophet
• Deeds: all the actions, method of performance and conduct of daily life comes under this kind.
• Conduct, an implied acceptance to certain things which came to be knowledge of the Prophet and he did not oppose them.

Classification of Traditions

With regard to the Legal force they may be classified as: 1.) obligatory or instructive; 2.) persuasive and informative.
According to a number of narrators during the three periods; i.e. the period of the Sahaba; the period of the companions of the Sahaba (tabi’un), and their followers (tabi’ut-tabi’un)

Traditions were narrated by various persons they are:

i.) Mutawatir “continuous” it means those traditions which were narrated by numerous sahaba and a good number of followers and then their followers. Such hadith are considered the most reliable and are acceptable for purposes of legal matters.

ii.) Mashur “Famous”. Those are the traditions which have been narrated by a good many of the followers and their followers but comparatively few sahaba have narrated them. They rank next to mutawatir.

iii.) Ahad “isolated” or solitary”. These traditions are those which have been narrated during the period of the followers of the sahaba by numerous persons.

C. According to the forms of the Traditions: a.) Verbatim; b.) non-verbatim

According to the mode of narration: 1.) connected. Those traditions which have complete chain of narration, linking right up to the prophet himself. 2.) Disconnected. Such tradition in which one or more of the links is the chain of narrators is missing. But if that hadith is narrated by the sahaba of the prophet; it is accepted.


Functions of the Sunnah

• To understand the meaning of and to apply the verse of the Holy Qur’an, by explaining them, by giving details of general rules, by providing exceptions to their application or by defining them when they are capable of several interpretations.
• Sunnah and hadith lay down rules of conduct and of laws in some matters not dealt with in the Holy Qur’an.

Rules for the Authenticity of the Traditions:

The Traditions should be narrated in all three periods, i.e. the Sahaba, the followers of the Sahaba, and their followers.
Qualifications were laid down for the narrator of the Traditions. He must be: i.) a Muslim; ii.) of sound mind; iii.) major; iv.) a man of judgment & understanding i.e. ‘adil; v.) of retentive memory; vi.) of good moral character & clean conduct.
3. Narration of jurist was to be preferred over that of non-jurists.
4. Narrations of well-known people were to be preferred over persons of no reputation or who are obscure.
5. A narration which is not in conformity with the Qur’an or the Continuous tradition or the practices of the companions should not be accepted.
6. Any allegation which is opposed to common sense is not accepted.

7. Any allegation which lays down new theories and which supports innovation is not acceptable.

Tradition may be rejected:-

• When the report contradicts the Qur’an;
• When it contradicts the established sunnah, that is the sunnah or practice based on the mutawatir or mashur hadith;
• When it has been denounced as false by the companions

A transmitter regarded as defective:-

• When he is known (mashur), that is when it is known whether he is just or impious, although the first three generations are an exception to this rule;
• When he is impious (fasiq);
• When he has not attained the age of majority or is not endowed with complete understanding; as in the case of minors, the careless, heretics & the weak minded.

Hadith are classified in three classes according to the character of the transmitter:-

• Sahih, that is, those transmitted by truly pious persons of character and integrity.
• Hasan, that is, those transmitted by narrators who did not attain the moral excellence of the narrators of sahih hadith, but against whose integrity or character nothing is known.
• Da’if, that is, those transmitted by persons of questionable authority.

A Tradition is only accepted as the basis of the law:-

• If it is not contradicted by some other legal evidence, that is by the Qur’an or another tradition;
• If although it appears to be contradicted by another tradition, it can be reconciled with that tradition;
• If it contradicts another tradition but it is subsequent in time to it, so that it can be said to have abrogated the previous tradition;
• If it contradicts another tradition but can be shown to be superior of it.

Compilation of Hadith:

• During the time of Prophet he did not ask the people to write down his decisions.
• Caliph Umar also disfavored and discouraged the idea of collecting the traditions.
• Because of the thought that the compilation simultaneously of the Qur’an and Traditions would create confusion.
• However, the individual compilation was made before the end of second period

There are two kinds of compilations: 1.) Musnads 2.) Editions
Musnads – are those compilations in which the tradition have been collected according to narrators; ex. All the traditions narrated by another companion in another. Musnad of Imam Ahmad bin Hanbal that contain about 50,000 hadith

2. Editions – are those compilations in which the Traditions of the Prophet are collected according to the subject matter of Fiqh. Among those the oldest is the Muwatta of Imam Malik it contains 3,000 hadith which is probably the first book on traditions compiled on a large scale. This was compiled during 130 to 140 Hijrah.

During the 3rd century of Hijrah, the desire for evolving authenticity of the Traditions developed with the result that the six most authentic collections on Traditions were made:
Sahih Bukhari:
Collected by Imam Muhammad bin Ismail Bukhari. This is by far the most authentic work. It contains 10,000 Hadith.

2. Sahih Muslim:
Collected by Muslim Imam Abu Hasan Neshapuri. This is next in rank to Al-Bukhari and contains almost 7,000 Hadith.
3. Sunan Ibn Majah:
Collected by Ibn Majah
4. Abu Dawud: Collected by Abu Dawud
5. Collection of Tirmizi: Collected by Tirmizi
6. Collection of Nasa’i: Collected by Nasa’i

IJMA’ (CONSENSUS OF OPINION)

After the Qur’an and Hadith, Ijma’ developed as the third source of Islamic Law.

The word Ijma’ ( ﺇﺠﻣﻊ) is a derivative of the word ﺠﻣﻊ ‘Jama’ “to add”, hence it means unanimity of opinion and a procedure through which any principle of law is formulated by the unanimous opinion of all Muslims.

Meaning of Ijma’

Literal meaning: Ijma’ means unanimity of opinion.

In the legal sense: it is those principles of law which are accepted unanimously.

It is defined as an agreement of the jurists among the followers of the Prophet in a particular age on a question of law.

Origin of Ijma’

Whenever the people confronted with problems they had to rely upon those who knew the Qur’an and Sunnah. Thus this was the time when the community had to depend, and rightly so, on the basic sources of Islamic Law.

If any particular matter the learned of the time felt that there was nothing explicitly laid down in the Qur’an about the question on hand and there was to their knowledge, no Tradition they had to decide the question on their own.

The method thus evolved was that the learned people should assemble in a group and decide the issue in the light of the Qur’an and available Hadith.

Such decisions, being unanimous, had the sanctity and the force of law. This is how Ijma’ developed steadily as a third recognized source of Islamic Law.

Its Authority by Qur’an

“O you who believe obey Allah, obey the Messenger and those of you who are in authority and if you have a dispute regarding any matter refer back to Allah and his Messenger.” (Qur’an 4:59)

Its Authority by Hadith

Prophet Muhammad said: “My people will never agree on erroneous things.”

Another Hadith: “What Muslims agree to be good is also good in the eye of Allah.”

“It is incumbent upon you to follow the most numerous body.”

Kinds of Ijma’

Absolute Ijma’. It is the positive kind in which the jurists express their opinion on any matter. This consensus may be in two ways :-
i.) by words, where the consensus is achieved by spoken words;
ii.) by deeds, where consensus is established by unanimous practice, for
example, the transactions of agriculture partnership.

2. Irregular Ijma’. Where there is no absolute certainty. In this case if a particular opinion is expressed by some jurists and others do not contradict it within 3 days, or a particular practice is adopted by some and others do not object to it, in both cases the consent of all the jurists will be presumed.

3. Ijma’-I Ummah. There was a time, especially during the Caliphate period when the people used to be unanimous in their opinions about any matter placed before them. This supposed to be the most superior kind of Ijma’.

4. Ijma’-I Ulama. This is the consensus of the learned people only. It is the ijma’ not of all the Muslims but only of those Muslims who are well versed in Islamic Law and Religion.

5. Ijma’-I Madina. This was the Ijma’ according to the place of celebration. Those people used to reside in Madina, which was a seat of learning, used to express their considered opinions on matters referred to them.

Who May Participate in Ijma’

Only certain person are eligible to participate in the proceedings leading to Ijma’. The first and foremost requirements is that he must be:-

A Muslim
A mujtahid or a jurist
A man of sound mind
A man of thorough judgment
Must have the capability of making logical deductions.

Qualification of a Mujtahid

A Mujtahid is one who is conversant with the science of Islamic Law in both the branches, i.e., in the jurisprudence and the rules of law in different departments.

A thorough knowledge in the Qur’an is necessary. It means that he should not only be able to read it but also to understand and interpret its verses. He must also have a command over the Arabic language.

A thorough knowledge of the Hadith is also necessary.

He must above all be aware of and fully conversant with rules and methods of analogical deduction.

QIYAS (ANALOGY)

After Qur’an, Hadith and Ijma’; the 4th important source of Islamic Law is Qiyas or Analogy.

Definition

• Its literal meaning: Qiyas means ‘comparing’. The root meaning of the word is measuring, accord and quality.
• In the legal sense: it is a process of deduction by which the law of the text is applied to cases which, though uncovered by language, are covered by reason of the text.

Origin

With the conquest and the expansion of the Islamic state, and as centuries went by, new cases occurred which were not provided for in the Qur’an, the Sunnah or the Ijma’. The jurists found themselves compelled, in seeking solution, to have recourse to reason, logic and opinion.

Scope of Analogy

The function of analogy is to extend the law of the text to cases not falling within the purview of its terms. Analogy therefore is not and does not establish a new law but it is a source which helps to discover the law. By use of analogy the law laid down in a text is generally extended and widened.

According to Hanafi and Shafi’I – extensive use of analogical deduction has been broadened so as to expound the law picked up from Qur’an or Hadith.

Elements of Qiyas (Analogy)

Text or root. This is the text either of the Qur’an or the Hadith.
Law. This is the law laid down in the text.
Branch. It is particular case on hand to which the law embodied in the text is to be extended.
Effective Cause. It is the fact, circumstance which the law-giver had in consideration when laying down any law.

Example
• As per Qur’anic text “the drinking of wine is forbidden”. The word in Arabic used for wine is ﺨﻣﺭ (Khamer) which is prepared by wine made from dates declared forbidden.
• The haram or prohibited there is the intoxicating effect. In analogy, anything that can produce intoxicating effect is haram.

The essential conditions for a valid Qiyas
The law enunciated in the text which analogy is attempted to be applied must not have been indicated to be restricted to a particular state of facts.
An analogical deduction, according to Hanafi and Maliki may be used on the law laid down in the text either of the Qur’an or of the Hadith, provided, such text are not repealed (Abrogated).
3. The analogy must not be applied to the vocabulary of the text but to the effective
cause on which the law is based.
4. The law of the text must not be such as its cannot be understood by human ntellect.
5. The deduction contemplated must not eventually lead to a change in the law of the
text itself.


OTHER SHARI’AH SOURCES

1. Istihsan (Juristic Preference)
2. Al-Masalalih Al-Mursalah (Public Interest)
3. Istishab (Presumption of Continuity)

Definition of Istihsan

The literal meaning of Istihsan is preferring or considering a thing to be good.

Examples of Istihsan

1. A contract of sale, according to the Islamic Law, in order to be valid, requires that the subject-matter must be in existence at the time of the deal. Proceeding analogically, a contract with an artist to supply a scenic picture at an agreed price and to be delivered later would be invalid. But according to the principles of Istihsan such a deal has been validated as it on the basis of necessity and the general practice of transactions.

2. A man dictates his property and lays down a condition that after him his son is to act as Mutawalli (Trustee) of the property declared in waqf. He dies while his son is a minor. According to Qiyas, the appointment of a minor is invalid, for the trustee should be a major; but according to istihsan the minor is recognized as Trustee and the Qadhi should appoint a competent person to act as his guardian.

3. It is said that the subject of Waqf (Trust) must be of perpetual nature. The analogy, therefore suggests that the trust of movable property in general is unlawful. Contrary to analogy, the Waqf of horses and arm is recognized by istihsan as there is a utility in such arrangements which is kept in view.

• The doctrine of Istihsan is based on the consideration that the law is regulated for the good of the community and the welfare of all. Its backbone is the convenience or the removal of hardship.

2. Al-Masalih Al-Mursalah (Public Interest)

• Imam Malik introduced this doctrine by which the deduction of law is to be based on general consideration of public good.
• According to Imam Ghazali: it is the consideration for what is aimed at for mankind in the law.

Condition of Masalih Mursalah:

Three condition are attached to the adoption of this source:
That the case under review should be one pertaining to matters of transactions so that interests involved in it may be construed upon grounds of reason. The case should not be one relating to religious observances.

2. That the interest should be in harmony with the spirit of the Shari’ah and should not be in conflict with any one of its sources.

3. That the interests should be essential and necessary, and not of the perfectionists (luxury) type. The essential type includes the preservation of religion, life, reason, off-springs, and property. The necessary type pertains to the betterment of living. The perfectionist type is one referring to “decoration and improvement.”

Examples of Masalih Mursalah:

Here are few examples based upon public interest:
• The imposition of taxes on the rich in order to meet the costs of the Army and to protect the realm.
• The punishment of the criminal by depriving him of property if his crime was perpetrated over that property or its equivalent.

• If the infidels in war should shield themselves in their advance by Muslim prisoners on war, public interest permits the killing of the Muslim prisoners of war in the course of fighting the infidels, if such action should be found essential to contain and ward off the foe and to protect the interests of the Muslim people as a whole.

3. Istishab

• It is a source which is not a text, consensus, or analogy.
• The literal meaning of istishab is “permanency”.
• Istishab – a presumption of continuity – is a rational source which may be restored to in the absence of any other source.

Examples of Istishab

Presumption of generality until a limitation is placed thereon. This means that a general provision should be generally applicable until it is made limited to certain situations. Thus no exception to a general rule is to be countenanced except by a special provision.

2. Continually regarding a text (as a source of law) until it is repealed. This means that a text should be respected until it is supplanted by another text or some other source of law.

THE DEVELOPMENT OF MUSLIM LAW

The history of the development of Muslim Law may be divided into seven distinct periods:

I. First Period: 13 Before Hijrah to 10 AH (608 AD) to (631 AD)

The 1st period is the period when the Prophet Muhammad was alive from the year 13 before hijrah to 10 AH. The mission of the Prophet was progressively to reclaim and reform humanity. The Qur’an itself was revealed bit by bit. When a problem arose among the Muslims the matter was referred to the Prophet and the Prophet would then give his ruling to the matter either in the form of his own saying or explanation.

The aim of Muhammad as Prophet was not to create a new system of law, it was to teach men how to act, what to do and what to avoid in order to gain approval on the Day of Judgment and to enter paradise.

Further the Qur’an and the Hadith which formed the basis of Islamic Law, laid down the following principles:

The executive authority of the government was established for the first time; that means with the promulgation of Islam and induction of the Holy Prophet into the position of the prophetic assignment, the Prophet not only became the religious head of the entire Muslim community but was also acknowledged as the temporal head of the people.

2. Justice, equality and universal brotherhood became the cardinal principles of Islamic Law.

3. War as an instrument of State policy was renunciated. After the advent of Islam the Prophet declared that there would be no aggression and that war shall be waged only in defense of Islam, Islamic State and Muslim Community.

4. Reforms regarding the social status of women were brought about.

5. Individual private property right was also recognized. Islam does not oppose the concept of individual property. It encouraged the individual’s right, according to Islam, to earn and acquire property out of his labor.

6. Contracts and their obligations were regarded sacrosanct. Promise were considered sacred.

7. Penal laws were made and rights of God were separated from rights of men.

II. Second Period: 10 AH to 40 AH (631 to 660 AD)

This period is the 30 years of the rightly guided Khalif, the period of the companions of the Prophet (ashab) and their immediate successors (Tabi’un).

The period was characterized by close adherence to the spirit of the laws of Islam. Law was administered by the Head of the State, the Caliph or under his direct supervision.

III. Third Period: 41 AH to 132 AH (661 – 750 AD) Umayyad Dynasty

Under the Umayyads the Muslim Empire was transformed from an Islamic theocracy to an Arab secular state. Muawiyah the founder of the dynasty took the first step towards establishing a hereditary dynasty of appointing his son Yazid, as his successor. This step was followed by those who came after him and from then onwards the Caliphate became hereditary.
The Umayyad Caliphate had its basis in Syria and Damascus was its capital.
The Umayyad adopted with certain modifications the pre-existing administrative systems in the former Persian and Byzantine territories.
The Umayyads were powerful rulers and held all the parts of the Muslim world together. Their viceroys and governors in the provinces always waited for their instructions on important matters.
In this period the learned among the Muslims spread themselves in the various parts of the Muslim Empire.
During this period arose the different sects: like Shi’ah, Kharijites, and Sunni.

IV. Fourth Period: 132 AH to 350 AH (750-961 AD) Abbasid Dynasty

The period of the early Abbasid Dynasty was ushered in through the subtle propaganda and work of generals who were largely non-Arab.

V. Fifth Period: 351 AH to 656 AH (962 to 1258 AD)

The fifth period of the development of Islamic Law saw the fixation of the schools of law. The jurists of this time explained, developed and systematized the legal opinions of the founders of the schools. For this reason, the jurists during this period were called Murajihin.

VI. Sixth Period: 656 AH (1258 to 1922 AD)

During this period, it is believed that after the great Imams of jurisprudence, the gate of ijtihad had been closed. Ijtihad, which is “the process of rethinking and reinterpreting the law independently,” is deemed to be a sole prerogative of the great mujtahidin and that the generation that came after them had to follow any of their schools.

VII. Seven Period: The abolition of the Caliphate in 1922 saw the end of the sixth period of Muslim law and the birth of the recent trend in Islamic legal thinking. With that caliphal dissolution, the Muslim Ummah lost their titular head. Though the Caliphate might have been only symbolic, yet it was a rallying point for the unity of the Muslim world.

PHILIPPINE LEGISLATIVE ENACTMENTS RECOGNIZING ISLAMIC LAWS

• After the Philippines was granted independence, several enactments were passed pertaining to the Muslims and their customary laws:

• Republic Act No. 394, enacted on June 18, 1948

• Section 1. For a period of 20 years from the date of approval of this act, divorce among Muslims residing in non-Christian provinces shall be recognized and governed by Muslim customs and practices.
• Section 2. This Act shall take effect upon its approval. (Approved June 17, 1949).
• The Civil Code of the Philippines otherwise known as Republic Act No. 386 which took effect on August 30, 1950 provides that Muslim marriages may be performed in accordance with Muslim customs, rites and practices.
• Article 78 of the Code states:
“Marriages between Mohammedans or pagans who live in the non-Christian provinces may be performed in accordance with their customs, rites and practices. No marriage license of formal requisites shall be necessary. Nor shall the persons solemnizing these marriages be obliged to comply with Article 92.”

• However, twenty years after the approval of this Code, all marriages performed between Mohammedan or pagans shall be solemnized in accordance with provisions of this Code. But the President of the Philippines, upon recommendation of the Secretary of the Interior, may at anytime before the expiration of said period, by proclamation, make any of said provisions applicable to the Mohammedan and non-Christian inhabitants of any of the non-Christian provinces.

• Article 79 of the same Code provides for mixed marriages between Muslims and Christians. In case the male is a Christian, the general provisions of the Civil Code applies. But if the male is a Muslim, it may be performed in accordance with the provisions of Article 78 if the contracting parties so desire.

• After the expiration of the twenty-year period stipulated under Article 78, Republic Act no. 6268 was passed and duly approved on June 19, 1971, extending the application of the said provision for another ten years. With regard to the twenty-year period provided in Republic Act No. 394 recognizing divorce among Muslims, a bill was passed in Congress for its extension but it remained pending until the dissolution of the legislature in 1972 when President Marcos proclaimed Martial Law.

• It seems that the thinking of the legislators was that by the expiration of the 20-year period, the Muslims must have already been integrated and assimilated into the mainstream of Philippine Christian life that laws applicable to the Christians may as well apply to the Muslims.

The Codification of the Muslim Personal Laws

• This laws was initiated in 1973 by the Presidential Task Force for the Reconstruction and Development of Mindanao
• Presidential Decree No. 1083 (Code of Muslim Personal Laws - CMPL) is the outcome of the reform strategies that Pres. F.E. Marcos has pursued in response to the socio-political dilemma confronting the Muslim communities in the Philippines.

• The Code of Muslim Personal Laws was envisioned to complement the various government programs directed towards building conditions that will accelerate human development in Southern Philippines.

Formative Stages of the Development of Philippine Muslim Personal Laws:

• 1973 – Memorandum Order No. 370 created a research staff for the codification of Muslim Laws.
• April 4, 1974 – Draft Code presented by research staff to Pres. Marcos.
• Dec. 23, 1974 – Executive Order No. 442 created Presidential Commission to review the Draft Code of Filipino Muslim Laws

• March 12, 1982 – Philippines Shari’ah Institute was launched by the Ministry of Muslim Affairs to conduct seminar-workshop on the Code in Cotabato, Jolo, Marawi, Zamboanga and Manila.

• The Philippine Shari’ah Institute commissioned a committee composed of the participating Ulama and scholars and Arab experts to translate the English text of the Code to Arabic under the leadership of Romulo Espaldon, Director General of Ministry of Muslim Affairs.
• P.D. 1083 was officially published in the Official Gazette with effectivity on February 4, 1977.

It contains 190 articles, divided into 5 books.

Book 1 – General Provisions – (Article 1 – 7)
Book 2 – Persons and Family Relations – (Article 8 – 88)
Book 3 – Succession – (Arts. 89-136)
Book 4 – Adjudication and Disputes (Arts. 137-168)
Book 5 – Miscellaneous and Transitory Provisions (Arts. 169-190).



Prepared by:
Prof. Kamarodin A. Abdulkarim
Dean, IAIS / Professor – IS 110