ISLAMIC LAW 1

Final Exam Notes

CHAPTER 1: AL-QURAN
Discuss the importance of studying Islamic Jurisprudence (Usul Fiqh) *

Usul Fiqh can be defined in several ways in the context of Islam. It is the roots of Islamic
law, expound the indications and methods by which the rules of fiqh also known as Islamic
legal ruling, are deduced from their sources. These indications are found mainly in the Qur'an
and Sunnah, which are the principal sources of the Sharia. The rules of fiqh are thus derived
from the Qur'an and Sunnah in conformity with a body of principles and methods which are
collectively known as usul al-fiqh. It is a methodology of law and rules of fiqh which are
deduced from its sources. It serves the correct interpretation and understanding of the sources
and ijtihad.

Firstly, the historical benefits. Through principles of usul al-fiqh, we can know in a detailed
manner of the perspicacity and capacities of the mujtahid jurists and their methods of arriving
at legal conclusions. Though this is a historical matter, it is undoubtedly of great importance
for the umma to be keenly aware of its past so that may serve as an example to its present and
future.

Secondly, the scientific and practical benefits. From the perspective of the mujtahid, the
jurists tasked with deriving rulings from specific proofs, usul al-fiqh allows him to make
reference to principles of interpretation and derivation in undertaking this process. For
example, his knowledge of the principle that “a command in the absence of mitigating factors
entails obligation” allows him to deduce the obligation of prayer from the words of God,
“Establish Prayer”. Or similarly, he is able to arrive at the unlawfulness of fornication and
adultery from His saying, “Do not approach zina”. For, as is obvious, “establish prayer” is a
command and since commands entail obligations, the establishment of prayer is an
obligation. Similarly, “Do not approach zina” is an interdiction and since interdictions entail
prohibition, keeping away from zina indicates a prohibition. The first premise in each of these
proofs is known linguistically but the second premise is known from usul al-fiqh

Thirdly, the benefits in term of ijtihad. The science of usul is the utmost importance in
deriving rulings. It sets out for the mujtahid a general system, without which a person simply
encounters a scattered collection of texts and proofs without any means of using them
appropriately. A person’s need for usul al-fiqh in the face of these materials, therefore, is not
unlike a carpenter’s need for knowledge for the basics of his crafts, though he may own the
tools of carpentry. At the same time, the specific texts and the particular evidence whose
relevance varies from one particular legal issue to another, are an equally necessary element
in the derivation process. It is insufficient to rely exclusively on the common principles that
constitute the discipline of usul al-fiqh. Knowledge of both the common principles and the
particular texts are prerequisites for the derivation process. According to Imam al-Qarafi, “He
who does not study usul al-fiqh is prohibited from issuing fatwas, for he does not know how
to distinguish between the different concepts, nor how to restrict and specify general
directives.

Next, the benefits in comparative work. Comparative work can only be carried out fruitfully
by focusing on proofs based on reason, revelation, and principles. In our times, comparative
work has taken on enormous importance, whether it is comparisons among the various
madhhab or between the sharia and positive law. In neither case can we ignore the principles
of usul al-fiqh, for they rely on proofs-based argumentation and permit us to weigh between
different opinions and to choose the strongest among them. Here we see the importance of
usul for the muqallid, for it allows him to weigh between the proofs of his school and those
other schools.

Also, it enables us to correctly define what necessity is and prevent us from falling into such
dangerous difficulties. This applies to scholars and generally all Muslims who wish to take
the correct path. The science of jurisprudence also allows us to distinguish between what is
authentically from the blessed Prophet and what is just meaningless innovation.

Furthermore, able to understand how to formulate questions related to religious issues as well
as knowing who to ask these questions. This science enables people to assess the opinions
and views of those that are questioned and make a proper selection of who to ask. Many
people today hold the position of issuing religious rules such as a mufti, though they are not
qualified to do so.

Lastly, it enables us to assess the knowledge of different scholars and understand their
different areas of expertise. Studying Usul al-Fiqh will enable us to distinguish between the
scholars of language, hadith, Qur’an, Islamic history and all the other fields of religious
interest. Turning to unqualified people for advice may give them the impression that they are
knowledgeable in all fields, which may result in ascribing responsibility and authority to
scholars who hold neither of the two in that respective field.

Define and discuss the classification of Hukm Syarie (Islamic legal ruling). (one of the
characteristics of Quranic Legislation) *

Definition of Hukm Syarie (Islamic legal ruling)

In literal definition, hukm syarie simply means a command or rule. Besides, in sharie sense,
hukm syarie means a communication from Allah, related to the acts of the subjects through a
demand or option or through a declaration

Wajib, mandub, mubah, makruh and haram

Obligation (Ijab/Wajib)

Wajib means obligatory, necessary, and incumbent. It is a communication which absolutely

demands for the performance of an act. Whoever makes them will be rewarded, while
whoever neglects them will be punished in the hereafter. Wajib is a compulsory ruling for the
Muslims to adhere and to follow. Examples of obligatory acts are, the daily prayers and
giving of give zakah as according to Al-Quran 2:110 where it states that “establish prayer
and give zakah, and whatever good you put forward for yourselves, you will find it with
Allah. Indeed, Allah of what you do, is Seeing”. Besides, obligation of fasting which is
provided in Al-Quran 2: 183 which states that “O ye who believe! Fasting is prescribed to
you as it was prescribed to those before you, that ye may self-restraint”.

Wajib is also divided into ‘ayni and kifã’i. Wajib ‘ayni means an obligation which is imposed
on individual Muslims, for example the daily prayers. No one can do this duty for someone
else. Whereas wajib kifa’i means an obligation which is imposed on the Muslim community
as a whole and if it is fulfilled by one or more individuals, then the rest of the community is
no longer required to do that. For instance, a dead Muslim must be buried in the proper
Islamic way. This is a duty imposed on the Muslim community collectively, if some people
do that, then others are not responsible. However, if no one does that, then the entire
community is answerable to God. Al-Quran 5:1 5 pillars of Islam

Recommendation (nadb/ Mustabah) Mandub

Mustabah, also known as sunnat, means recommended, desirable or better. It refers to the acts
which are recommended but not wajib. If one neglects them, he will not be punished, but if
one performs them, he will be rewarded. It’s a command that is not obligatory or binding. It
is the communication which indecisively demands for the performance of an act. The legal
effect of the communication is called nadb. The act to which nadb relates and which is
characterized by it, is called mandub which means recommended. In relation to this, Al-
Quran 2:282 provides that “O you who have believed, when you contract a debt for a
specified term, write it down”. Such actions are to brush one's teeth with the As-Siwak, small
piece of wood with teeth, such as brush, before prayer, or Sadaqah aka charity or Solat
tarawih.

Prohibition (Itahrim/haram)

Haram means forbidden, prohibited. An act from which one must abstain. If someone
performs a haram act, he will be punished either by the Islamic court or in the hereafter or
both. The legal effect of communication is called hurmah which literally being forbidden.
According to Al-Quran 17:32 which explains about adultery that “Nor come nigh to
adultery, for it is a shameful deed and an evil, opening the road to other evils”. Besides, Al-
Quran 5:38 explains on theft which quotes that “As to thief, male or female, cut off his or
her hands, a punishment by way of example, from Allah, for their crime and Allah is Exalted
in Power, Full of Wisdom”. Furthermore, Al-Quran 5:90 on intoxication and gambling. This
verse quotes that “O you who have believed, indeed, intoxicants, gambling, stone alters to
other than Allah, and divining arrows are but defilement from the work of Satan, so avoid it
that you may be successful.” These actions are strongly forbidden by the A-Quran to perform.
Therefore, whoever performs them is considered to have sinned and is punished, while
whoever abstains from them is rewarded.

Disapproval (karahah/makruh)

Makruh means reprehensible, disliked, discouraged. An act which is disliked by Islam but not
haram. If one does a makruh act, he will not be punished. However, if he refrains from it,
then he will be rewarded. For example, smoking cigarettes as it is bad for health and some
scholars have ruled it out as haram. For instance, in Al-Quran 62:9, it was quoted that “O
you who have believed, when the adhan is called for the prayer on the day of Jumu'ah, then
proceed to the remembrance of Allah and leave trade. That is better for you, if you only
knew”

Permissibility (ibadah/mubah) Halal

Mubah are the acts which neither whoever does is rewarded nor the one who neglects is
punished, such as walking, using the car or an airplane and any other of the daily actions. It
something that is optional, one can either commit or omit and no blame or praise would be
given. There is no clear indication in cases or acts but an example of it is yoga. This shall be
referred to Al-Quran 62:10.

Distinctive Feature of Al-Quran *

The first distinctive feature of the Al-Quran is Al-Quran is an actual word of Allah. The
manifest revelation is the communication from Allah to Prophet Muhammad, conveyed by
the Angel Gabriel, in the words of Allah. The main task or obligation of the Prime Minister is
to convey the message to mankind from Allah to the society. This attribute will exclude the
definition of books not revealed to Prophet Muhammmad, such as Bible, Torah and Zabur.
Al-Quran 26:192-194 stated that “And indeed, the Qur'an is the revelation of the Lord of the
worlds”. Secondly, Al-Quran was revealed in Arabic language. Al-Quran expressly states that
the versus are all communicated in pure and clear Arabic language. The prayers in Arabic and
cannot be translated. The translation of the Quran is not considered as part of the Quran. It
was stated in Al-Quran 26:195, that the language is in Arabic tongue.
Thirdly, Al-Quran was passed down through continuous testimony known as mutawatir. The
Quran is transmitted from the Prophet to the next generation by a large number of people.
Hence, there is no doubt about the authenticity of the Quran. The Prophet Muhammad got
divine revelation in a total of 23 years, where 13 years in Makkah, 10 years in Madinah.
Angel Gabriel will teach the verses to Prophet Muhammad verbally. After Prophet
Muhammad memorized, he will then teach the companions. The first Caliph is Abu Bakr who
collected and compiled one volume. The second Caliph is Umar who reduced Al-Quran to
writing. The third Caliph is Uthman who compiled it into one version. The last Caliph is Ali.
It was stated in Al-Quran 15:9 that “We have to protect the Quran from corruption”.
Fourthly, Al-Quran is Allah’s eternal miracle revealed to the PM for all succeeding
generations. Al-Quran cannot be copied or imitated. At the time the revelations revealed to
Prophet Muhammad, there are some disbelievers who didn’t believe the words are from
Allah. Allah challenges the disbeliever to come out with something like the Quran, but they
are unable to do it. Therefore, Al-Quran is God of eternal miracle revealed to the Prophet
Muhammad for all succeeding generations in respond to that of the authorship which no one
can challenge. Al-Quran 17:88 stated that If mankind and Jinn gather together to produce the
like of Quran, it would not be like thereof as it does not have help and support. Besides,
according to Al-Quran 2:23-24, it was quoted that “When in doubt call witnesses and helpers
and those who can’t reject the faith.”
Lastly, the Al-Quran is complete and Comprehensive. The Quran acts as a guidance which is
largely concerned about the matters of belief and morality. According to Al-Quran 16:89, it
was stated that “And the Day when We will resurrect among every nation a witness over
them from themselves. And We will bring you, as a witness over your nation. And We have
sent down to you the Book as clarification for all things and as guidance and mercy and good
tidings for the Muslims”. Various areas are included in Al-Quran, such as Surah An-Nisa
provides the area of family matters while Surah Al-Ma’idah provides the criminal matters.
Since Al-Quran is the main source, it is compulsory for the jurist to refer if they wanted to
make any legal ruling since it is the primary source of law.

Graduality in the Revelation of Al-Quran and its Rationale *

The Al-Quran was revealed in 2 distinct periods of the Prophet's mission in Mecca and
Madinah respectively. It was revealed gradually versus by versus in a period of 23 years. In
between, the prophet has met Angel Gabriel many times, it helps to strengthen the heart of
the prophet since he is selected as the one to carry out the duty to send the regulation to
mankind. Al-Quran 17:106 stated that we have divided the Quran into many segments so
that you would read them to the people in gradual steps as We reveal them to you from time
to time. Al-Quran 25:32 stated that “is it revealed that we may strengthen the heart thereby,
and we have rehearsed it to thee in slow, well-arranged stages, gradually.” Graduality in the
revelation afforded opportunity to reflect over it and memorize it. The Ulamas are in
agreement that the entire text of the Quran is “Mutawatir”. For example, its authenticity is
proven by universally accepted testimony.
The main reason for graduality in the revelation of the Al-Quran is development of the
people’s potential to receive the fundamental teachings and practical rulings. They can form
the space for more noble deeds once the believers' minds are ready. For example, Al-Quran
5:90 stated that “O you who have believed, indeed, intoxicants, gambling, sacrificing on
stone alters to other than Allah, and divining arrows are but defilement from the work of
Satan, so avoid it that you may be successful.”
Secondly, if Al-Quran was revealed in a single go, it would have been much difficult for
sahaba to grasp the concepts clearly to help future generations. Next, the gap between
revelations also heightened interest and enthusiasm of Muslms to know more about teachings
of Islam. The hostility of the believers towards the new faith did not weaken the hearts of the
Muslims once the facilitate continuous contact and renewal of spiritual strength. The
revelations of the Al-Quran are made in certain sequence. For example, the verses for
important matters like faith and basics of Islam were revealed earlier as compared to verses
for other issues which were less urgent. It is to challenge the disbelievers who refuse to
believe in Al Quran. Disbelievers thought the Al-Quran was created by Prophet Muhammad.
Therefore, Allah want the Sunnah to be made to compare with it.
Thirdly, Graduality in the revelation of Quran gave the believers opportunity to reflect over it
and to retain it in their memories. Before that, mankind lives in Zman Jahilian which is
known as the period of ignorance. It has to be revealed gradually for the Muslim to memorise
and understand since most of them are illiterate during that time. It takes time for them to
learn and to remember verse by verse. Next revelation over a period of time also facilitated
continuous contact and renewal of spiritual strength so that the hostility of the unbeliever
towards the new faith did not waken the heart of Muslims. Based on Al-Quran 25:32, it was
quoted that “And those who disbelieve say, "Why was the Qur'an not revealed to him all at
once?" Thus, it is that We may strengthen thereby your heart. And We have spaced it
distinctly.” Also, the believers will find it hard to understand the versus in Al-Quran if it was
revealed all at once. It is because during that time, most of the people were illiterate to the
Arabic Languages so that they were unable to read the text. The most effective way is to do it
gradually, by renewing the phrase of prophet and companions. By doing so, it can strengthen
their heart in the faith of Islam. Compare to merely memorizing it and then not becoming
tired of its teachings, putting words into actions or practice which verse that were revealed is
better. Thus, it was important for them to not only memorize it but to understand it fully to
convey Islam to others in its right spirit. Al-Quran 12:2 provides that “Indeed, We have sent
it down as an Arabic Qur'an that you might understand”. Also, Al-Quran 54:17 provides
that Quran made easy to understand and remember.
Fourthly, the Quranic legislation concerning the matters which touched the lives of the
peoples. The gradual revelation is not only something being imposed, but also prohibits
something steps by steps. This is because it is hard to stop people from the period of Jahiliah
to do something harsh suddenly. For instance, there are three stages in order to ban on the
consumption of alcohol afforded an interesting example of the method of graduality in
legislation and throws light on the attitude of the Quran to the nature and function of
legislation itself. It had mentioned genuinely in Al-Quran 16:7 that “And they carry your
loads to a land you could not have reached except with difficulty to yourselves. Indeed, your
Lord is Kind and Merciful.” The following Quranic passage was revealed in the form of a
moral advice, under Al-Quran 2:219, where it was quoted that “They ask you about wine
and gambling. Say, "In them is great sin and benefit for people. But their sin is greater than
their benefit." And they ask you what they should spend. Say, "The excess beyond needs."
Thus, Allah makes clear to you the verses of revelation that you might give thought.”
Furthermore, the offering prayers while under the consumption of alcohol is prohibited under
Al-Quran 4:43 where it was quoted that “Indeed, Allah is ever Pardoning and Forgiving.”
Lately, the total ban on wine drinking was imposed as stated in Al-Quran 5:90 that “O you
who have believed, indeed, intoxicants, gambling, sacrificing on stone alters to other than
Allah and divining arrows are but defilement from the work of Satan, so avoid it that you
may be successful.” Both alcohol and gambling were declared to be works of the devil. The
devil wants to sow enmity and rancour among you”. This shows the gradual tracking of
problems as and when they arose.
Lastly, it aims to avoid hardship to the believers. Al-Quran reviewed by God is to accompany
the event that happens at a particular time. If someone faces a legal problem without a
solution, Allah will send revelation to the prophet to find a solution for them. For example,
we can see in the case of permissibility of a man to marry up to four wives after the war. This
is because there are women left behind to be widows and orphans during the war, since most
of the men were killed. The revelation of Allah comes on time to solve the problem and
protect women through legalizing such marriages provided that certain conditions are
fulfilled.

Discuss the rationale of Al-Quran being revealed gradually (refer above)

Not all of a sudden the whole noble Qur'an was revealed to the Holy Prophet Mohammad. It
was revealed, on the contrary, little by little, over a span of almost twenty-three years. The
angel Jibrael will also come along with a small verse, or even some unit of a verse. Also,
there were occasions when many verses at one time would be announced. "And it (is) a
Quran which We have divided (into parts), so that at intervals you may recite it to mankind.
And yes, by stages We have shown it! Had Allah so willed, the Quran may have been sent
out in one revelation. Why didn't it? An elaboration of the wisdom behind this is important,
especially because we are often confronted by Islam's opponents with the same issue.
The gradual revelation was seen as a blessing granted by Allah to the Prophet ( peace be upon
him) and his Ummah. Here are some of the benefits of the radical revelation:
Firstly, to strengthen the resolve of the prophet against the company . The Prophet was
anguished and depressed by his people's attitude towards his message. They insulted him and
mocked him, saying he was a wizard, a madman or the jinn possessed him. He was
reaffirmed in his resolve and zeal by the continuous revelation of the Qur'an to the Prophet.
Allah alludes to this as He addresses the graduality of the revelation.
Secondly, its understanding and memories to the companions. The Quran's piece-meal
revelations made it easier for the Companions to understand, memorise and execute the
revealed sections. Had the Quran been revealed all at once, it would have been impossible for
the Companions to fully comprehend all of its words. And the Companions correctly
interpreted and applied the Quran, with incremental revelations.
Thirdly, so that the prophet ‘s truthfulness can be proved. The idolaters and the People of the
Book used to ask questions of the Prophet in order to outwit him, but then Allah would
answer their questions. The Quran refers to that part of the revelation itself, "And they do not
carry (oppose or find fault in you) any indication or similarity except that We reveal to you
the truth (against this similarity), and the better reason thereof".
Fourthly, so that the miraculous nature of Quran can be proved. Indeed, one of the Quran's
most remarkable miracles was that it was revealed over a two-decade duration and yet not
one single of its six thousand plus verses is contradicted by another. There was also no
chronological order of the verses – instead, the Prophet would advise his Followers on the
position of any new verses. And, literally, the Quran was constructed from fragmentary
revelations. It was as if an elaborate puzzle to shape a seamless sculpture was beautifully
pieced together.
Fifthly, so that Islamic Law and the Shariah can be revealed gradually. The Companions were
spiritually educated during the Makkan period, so that they could form the core of Madina 's
future Muslim state. When they had passed this point, Allah then slowly completed the
shariah 's revelation, so they could adjust to Islam's lifestyle.
Lastly, the prophet’s revelation process can be eased. For the Prophet the inspiration process,
or wahy, was a difficult one. Owing to the magnitude of the motivation, he used to sweat
profusely at times, even on a cold night. Had the Quran been revealed all at once, the Prophet
would have found it too hard to bear.
Discuss the rationale of Al-Quran being a primary source in Islamic law (include
authorities from Screenshot)
Islam carries significant characteristics of an elaborate legal system seeking to regulate broad
areas of human conduct in accordance with its ideal paradigm of what constitutes right and
wrong. Islamic precepts, which Muslims believe to have been inspired by God, should be
followed by believers by means of thought and deed. Classical Islamic jurisprudence rests on
a monotheistic outlook that regards God as the ultimate source of law, for He alone is taken
to be the ultimate sovereign whose omnipotence over human affairs stems from His status as
the creator of the universe. The challenging questions of how Islamic law regulates
international affairs in general, as well as just recourse to and just conduct in warfare, along
with issues germane to peaceful settlement of disputes and criminal justice, demand a general
examination of the origins, development and hierarchy of Sharí‘ah.
The Qur’án which literally means recitation or reading constitutes the most important source
of Islam, which is composed of the divine revelations received by the Prophet, who sought to
form a moral socio-political order operating in accordance with the sacred messages
delivered by God. Since the Quran is believed to contain the literal words of God, it is
deemed the most authentic record of Islamic law, incarnating the final, inimitable and
infallible injunctions of everlasting validity. According to Islam, God’s revelations have not
been preserved in their pristine forms in earlier scriptures. Muslims thus believe that the
Quran is God’s final effort to reconstruct the undistorted message preached by other Prophets
since Abraham.
The Quran, as touched upon earlier, is deemed to embody an authentic record of God’s
eternal and unalterable word. Incorporating an amalgamation of legal and ethical principles,
as well as ritualistic and moral exhortations, the Quran provides the fundamental substance of
the Islamic law and imposes a clear set of legal and moral obligations on Muslims. The
Quran covers the basic aspects of mundane and spiritual existence, envisaging guidelines for
legitimate and ideal human conduct. Lessons of right behaviour in daily matters, and wisdom
in spiritual matters, may thus be sought from the Quran. In view of the fact that God’s
ordinance is contained in the Quran, the ideal life for Muslims is one that is lived in line with
the relevant Islamic precepts and injunctions, whether ritualistic, moral or legal in character.
The Quran is thus a system of duties and responsibilities, which if duly performed may not
only give a believer an inner satisfaction in the temporal domain, but also assure him a place
in Heaven
Muslim scholars usually distinguish between three main categories of ethico-legal injunctions
in the Quran. The first pertains to the doctrine of belief in God, His messengers and the Day
of Judgment, the next is essentially concerned with ethical human conduct and the third part
is associated with practical or daily actions of believers under Islamic law these categories are
then sub-divided into relevant sections, which, among other things, deal with rituals, private
and public matters, as well as wide issues of domestic and foreign policy. Whilst the Quran
incorporates a detailed set of practical, legal and moral rules, when its meaning remains
obscure or when it is silent on a particular matter, other sources of Sharí‘ah may be drawn on
to generate answers for the problem at hand
It is worth noting that a notable portion of the Quran’s contents had essentially been informed
by the prevailing socio-political, economic, and religious circumstances of its day, thus, many
moral, religious, and social pronouncements of the Quran, even though divinely inspired and
transcendental, answer some of the problems faced at the time of Prophet Muhammad’s
ministry. As some of the early verses make it clear, the Quran was primarily concerned with
the acute problems of its time, which include such issues as polytheism, idolatry, the
exploitation and maltreatment of the poor, malpractices in trade, and the overall injustice
affecting society. The practical facet of the Quran becomes quite evident when considering
that a remarkable part of Quranic revelations was handed down to Prophet Muhammad over
the course of twenty-two years in response to practical questions. Not surprisingly, therefore,
the Quran contains a rich repository of guidance on real-life situations, with injunctions
regulating a vast field, from issues of international relations and matters of war and peace,
down to the habits of everyday life such as relations between spouses, child custody, eating,
drinking, and personal hygiene. In addition to containing timeless moral and spiritual
injunctions

The Mecan & Medinan Revelation

The Quran was revealed in two distinct periods of the Prophet’s mission in Mecca and
Madinah respectively. Most of the Qur’an was received during the first twelve and a half
years of the prophet’s residence in Mecca, which is nineteen out of the total of thirty parts.
After the Prophet’s migration to Madinah over a period of just over nine and a half years, the
remainder of Qur’an was received. On the others hand, the Madinese part of the Quran also
comprised legal rules and regulated the various aspects of life in the new environment of
Madinah.
The Meccan Period lasted about 13 years, from the beginning of the prophethood in Meccan
and ended with the Prophet’s migrate to Medinan. During this phase, it determined by the
prime task of the Prophet to call people to profess Islam. The Meccan part of the Quran is
mainly devoted to matters of belief, the Oneness of God known as Tawhid, the necessity of
the prophethood of Muhammad, the hereafter, disputation with the unbelievers and their
invitation to Islam. The distinction between Meccan and Medinan parts of the Quran is based
on the information that is provided mainly by the Companions and the following generation
of the successors, the prophet himself has said nothing on the subject. The form of address is
often different in two parts, which are “Oh people of the book” and “O people of the Book''
indicates a Medinan origin. On the other hand, Meccan origin will address as” O people’ or
“O mankind”. There are nineteen suras in the Quran which begin with abbreviated letters. All
of them are known to be Meccan except two, namely al-Baqarah and Al-Imran. The
abbreviated letter for references of Madinah is munafiqun, literally known as hypocrites and
all suras that contain a sajdab, that is, an order to prostrate, are Meccan. The distinction
between the Meccan and Medina portions of the text is on the whole a well-established
feature of the Quran, which is normally indicated next to the title of each sura, and the best
evidence of such distinction is internal evidence in the Quran itself.
There are three different criteria applied by ulema in order to distinguish the Meccan from the
Medinan contents of the Quran. Firstly, the time of revelation which means that the part of
the Quran which was revealed prior to the Prophet’s migration to Madinah is classified as
Makki and the remaining part which was revealed after this occasion is identified as Madani
regardless of the locality in which they were received. The time of revelation in Meccan is
the first 12 ½ years of the Prophet's residence in Mecca. The Quran was reviewed prior to the
Prophet’s migration to Madinah for Makki. The place of revelation for Makki is the Ayat that
were revealed while the Prophet was in Mecca, or its neighbouring areas. The nature of the
audience which means that all the parts of the Quran which are addressed to the people of
Meccan. Such as the phrase “O mankind” or “O people” are Makki. The subject matters of
the versus for Quran in Meccan are Belief, Oneness of God, Necessity of the prophethood of
Muhammad, Hereafter and Dispute with the unbelievers.
On the other hand, the time of revelation of Madinan lasted about 9 ½ years after the
Prophet’s migration from Mecca to Madinan, until the death of the Prophet. The believer in
Madinan is called Madani. The place of revelation is the ayat that were revealed in Madinah,
or its neighbouring areas. The natural audience in Madinan is that Quran which is addressed
to the people of Madinah. Such as “O believers”. Those which open with these phrases are
typically Madani. Generally, the Madinah versus are detailed and convey complete meaning.
The emphasis was shifted to principles regulating the political, legal, social and economic life
of the new community. It’s because they have their own Islamic state now. The Al-Quran
revealed in Madinan was to particular people while the Al-Quran revealed in Meccan Period
was projected to general audience.

Characteristics of Quranic Legislation * (definitive, 5 values hukm syarie, ratiocination

etc) (refer to notes for extra authorities)

The definitive (qati’e) and the speculative (zanni)

- A definitive text is one which is clear and specific; it has only one meaning and admits of
no other interpretations. An example of this is the text on the entitlement of the husband in
the estate of his deceased wife in chapter 4: 12.
- Other examples can be seen in chapter 2: 196 and chapter 24: 4. Chapter 17: 32. Chapter 4:
11.
- The quantitative aspects of these rulings, namely one half, one hundred, and eighty are self-
evident and therefore not open to interpretation. The rulings of the Quran on the essentials of
the faith are all qat’i; their validity may not be disputed by anyone, everyone is bound to
follow them, and they are not open to ijtihad.
- The speculative ayat of the Quran are, on the other hand, open to interpretation and ijtihad.
An example is chapter 4: 23 which is definitive in regard to the prohibition of marriage with
one’s mother and daughter and there is no disagreement on this point.
- However, ‘your daughters’ can be taken for its literal meaning, which would be a female
child born to a person either through marriage or through zina, or for its juridical meaning. In
the latter sense, it can only mean a legitimate daughter. Other examples are chapter 5: 6 and
chapter 5: 33.

Brevity and detail (al-ijmal wa’l-tafsil)

- By far the larger part of the Quranic legislation consists of an enunciation of general
principles, although in certain areas, the Quran also provides specific details.
- Being the principle source of the Shariah, the Quran lays down general guidelines on almost
every major topic of Islamic law.
- The often-quoted “We have neglected nothing in the Book” from chapter 6: 38 is held to
mean that the general principles of law and religion are
exhaustively treated in the Quran. That the Quran is mainly concerned with general principles
is borne out by the fact that its contents require a great deal of elaboration, which is often
provided, although not exhaustively, by the Sunnah.
- For example, “O you who believe, obey God and obey the Messenger, and those of you who
are in authority; and if you have a dispute concerning any matter refer it to God and to the
Messenger…” from chapter 6: 58 provides the textual authority for all the material sources of
the Shariah, namely the Quran, the Sunnah, consensus and analogy.
- ‘Obey God’ refers to the Quran as the first source, ‘and obey the Messenger’ refers to the
Sunnah of the Prophet, ‘and those of you who are in authority’ authorises the consensus of
the ulema. The last portion ‘and if you have a dispute…’ validates qiyas. For a dispute can
only be referred to God and to the Messenger by extending the rulings of the Quran and
Sunnah through analogy to similar cases.
- In this sense, one might say that the whole body of usul al-fiqh is a commentary on this
single Quranic verse.

The five values (wajib, sunat, harus, makruh, haram)

- As a characteristic feature of the Quranic legislation, it may be stated here that commands
and prohibitions in the Quran are expressed in a variety of forms which are often open to
interpretation and ijtihad.
- The question as to whether a particular injunction in the Quran amounts to a binding
command or to a mere recommendation or even permissibility cannot always be determined
from the words and sentences of its text.
- Broadly speaking, when God commands or praises something, or recommends a certain
form of conduct, or refers to the positive quality of something, or when it is expressed that
God loves such-and-such, or when God identifies something as a cause of bounty and reward,
all such expressions are indicative of the legality of the conduct in question which partakes in
the obligatory and commendable.
If the language of the text is inclined on the side of obligation (wujub), such as when there is
a definite demand or a clear emphasis on doing something, the conduct is question in
obligatory (wajib), otherwise it is commendable (mandub).
- Similarly, when God explicitly declares something permissible (halal) or grants a
permission (idhn) in respect of doing something, or when it is said that there is ‘no blame’ or
‘no sin’ accrued from doing something, or when God denies the prohibition of something, or
when the believers are reminded of the bounty of God in respect of things that are created for
their benefit, all such expressions are indicative of permissibility (ibahah) and option
(takhyir) in respect of the conduct or the object in question.
- Whenever God demands the avoidance of a certain conduct, or when He denounces a
certain act, or identifies it as a cause for punishment, or when a certain conduct is cursed and
regarded as the work of Satan, or when its harmful effects are emphasised, or when
something is proclaimed unclean, a sin or a deviation - all such expressions are indicative of
prohibition which partakes in abomination (karahah). If the language is explicit and emphatic
in regard to prohibition, the conduct/object in question becomes haram, otherwise it is
reprehensible, or makruh. - Chapter 5: 90 (haram). Chapter 2: 110 (wajib).

Ratiocination ( ta’lil ) in the al Quran

- Literally ta’lil means ‘causation’, or ‘search for the causes’, and refers to the logical
relationship between the cause and effect.
- Rational. Laws/rulings/legislations in al Quran are not imposed for the sake of mere
conformity, but to realise certain benefits and objectives. E.g. combining prayers (jama’)
- Chapter 2: 110.

Inimitability (i’jaz) of the al Quran.

- This is reflected in at least four aspects of the Quran. First, in its linguistic excellence: many
scholars have pointed out that there exists no piece of literature that can match the literary
excellence of the Qur'an with respect to both content and form.
- The second aspect of i’jaz in the Qur'an is its narration of events which took place centuries
ago. The accuracy of the Quranic narratives concerning such events is generally confirmed by
historical evidence.
- The third aspect of i’jaz in the Quran is its accurate prediction of future events, such as the
victory of the Muslims in the battle of Badr (chapter 8: 7), the conquest of Mecca (chapter,
48: 27) and the eventual defeat of the Persians by the Roman empire (chapter 30: 2).
- The fourth aspect of i’jaz in the Quran is manifested in its scientific truth concerning the
creation of man, the earth and the planetary system.

Occasions of revelation (asbab al nuzul) .

- Deals with the phenomenology of the Quran and explains the events which are related to the
revelation of its particular passages. The well-known asbab al-nuzul have been related by
reliable companions. It is a condition for the reliability of such reports that the person relating
it should have been present at the time or the occasion which is relevant to a particular
passage.
- The knowledge of asbab al-nuzul is necessary for anyone who wishes to acquire more than
a superficial knowledge of the Quran, and there are at least two main reasons to explain this.
One of these is that knowledge of words and concepts is incomplete without the knowledge
of the context and the nature of the audience. For a form of speech may also convey other
meanings such as elucidation, surprise, or reprimand. Similarly, a command may mean a
mere permissibility, a recommendation, or a threat, depending on the circumstances in which
it is issued and the nature of the audience. Ignorance of the asbab al-nuzul may thus lead to
the omission or misunderstanding of a part or even the whole of an injunction.
- Secondly, ignorance of asbab al-nuzul may lead to unwarranted disagreement and even
conflict. For the Quran comprises passages which are in the nature of probability (zahir) and
ambiguity (mujmal).
- Furthermore, the knowledge of asbab al-nuzul is informative of the conditions of the Arab
society at the time. Their customary and linguistic usages and their nuances of expression
were naturally reflected in the Quran. The peculiarities of Arab social customs often gave
exegesis of the Quranic text a perspective and offered solutions to some of the
doubts/ambiguities which would otherwise be difficult to understand. The asbab al-nuzul take
full cognizance of the customary practices of Arabian society and the relationship, if any, of
such practices to Quranic legislation.

Methods of Quranic Legislation *

The method of Quran legislation is part of Asbab Al Nuzul (Occasion of revelation i.e. it
deals with the phenomenology of the Qur’an, and explain the events which are related to the
revelation of its particular passages. The methods are revealed in stages (23 years) in order to
attain gradation as well it made easier for it to be acceptable, understood, adopted and
practice its’ laws by the Muslims.
The methods are -
Revealed to address specific issues that had occurred during the time of the PM. This type of
revelation provided direct solutions to the specific issue. Eg: one of the companions of the
PM, Aws bin Smait uttered the word of zohar to his wife Khawlah. She then went to the PM
and complained to him about what had happened. Then PM didn’t reply her query until he
had rcvd the following revelation which condemns such practice: (Chp. Mujadalah: 1-4).
Another example can be found in the case of Hilal bin Umaiya who has accused his wife of
commiting illegal sexual intercourse with another man and filed a case before the PM. Then
the chap. Nur:6-9 revealed to him (PM).
Revealed in order to answer the queries put fwd by the companions or the non beleivers to
the PM. The AQ wil be revealed in the form:”They asked you about…” followed by the
answer for such queries. Eg: (Chp. 2: 219, 222), (Chp. 17:85).
Revealed without any occurrence or question posed to the PM. Allah revealed such a rulings
because it is needed in the society. – most of the rulings related to practicing the principle
Shura (consultation) in making decision mentioned in the following verse: (Chp. 3: 159).
The Legal Injunctions of Al-Quran (Ayat Al Ahkam)
Classifications of the Injunctions in Verses of Al-Quran (3 types of Ahkam)

Naskh (Abrogation in Al-Quran) * (iddah period, bequest, graveyards visits ban, qiblah)
- Refer to naskh/anrogation notes
CHAPTER 2: SUNNAH
The Variety of Sunnah
Characteristics of Sunnah
The literal meaning of Sunnah is as a clear path or beaten track. Sunnah encompasses all that
is narrated by Prophet which includes his acts, sayings, and anything which he has tacitly
approved. Sunnah is a second primary source of Syariah. Chapter 16, verse 44 further
explained that “and We have sent down unto you also the message: that you may explain
clearly to men what is sent for them & that they may give thought “. Also, in Chapter4, verse
59,” …obey Allah and obey the Messenger and those in authority among you”. This verse
brings out the meaning where the Muslims shall obey the Prophet, the Quran and Sunnah.
Besides, based on Hadith:” Undoubtedly, I am given the Al Quran and the like of it as such
the Sunnah with it.” Hadith:” I have left 2 things among you. You shall not go astray as long
as you hold on to them: The Book of Allah & my Sunnah.” Sunnah is said to be important for
both religious & legal purposes in Islam: to supplement the Al Quran. In simple words, the
legal sunnah consists of the exemplary conduct of the Prophet, be it an act, saying, or a tacit
approval, which incorporate the rules & principles of Syariah. In fact, there are many
characteristics of Sunnah that made it unique
The first characteristics is Sunnah consists of rules that confirms, emphasizes the AlQuran.
This prove that Sunnah further reaffirm the rulings stipulated in Al-Quran, in fact Sunnah did
not add on further explanation regarding the rulings, Sunnah merely reconfirms what had
been mentioned in Al-Quran. One example to illustrate this characteristic can be found in
Chapter 4, verse 29 of Al-Quran, which states “O you who have believed, do not consume
one another's wealth unjustly but only [in lawful] business by mutual consent.” The ruling of
the Al-Quran was reaffirmed by Sunnah when Prophet narrated, “It is unlawful to possess the
property of a Muslim without his express consent.” Thus, it showed that Sunnah used its own
words to reconfirm what had been mentioned in Al-Quran, however, its meaning is still
similar with such ruling mentioned in Al-Quran.
The second characteristics is Sunnah consists of an explanation or clarification to the Al-
Quran. This means that Sunnah will provide further explanation or clarification if there were
unclear rulings found in Al-Quran. By doing so, it can ensure that the Muslims will have
more clearer understanding regarding the verses in Al-Quran. There are various examples
which showcase how Sunnah performs its function in providing explanation or clarification
to the Al-Quran. The first example is seen in Chapter 2, verse 110 of Al-Quran, states “And
establish prayer and give zakat, and whatever good you put forward for yourselves - you will
find it with Allah. Indeed, Allah of what you do, is Seeing.” This verse concerns that praying
and paying zakat are compulsory practices, however this verse is unclear on how to perform
prayer, nor the amounts of Zakat that should be paid. Therefore, Sunnah provides its further
explanation regarding this verse, especially on the matter of how praying should be
conducted, in which Prophet narrated, “Perform your prayer as how you see me doing it.”
Similarly, regarding the issue on amounts of Zakat, Sunnah clarified it when Prophet
narrated, “No zakah is imposed on less than 3 kilos of dates.” Another example can be found
in Chapter 5, verse 38 of Al-Quran, states “[As for] the thief, the male and the female,
amputate their hands in recompense for what they committed as a deterrent [punishment]
from Allah. And Allah is Exalted in Might and Wise.” This verse required that the hand of
the thieves to be amputated, however, it did not mention clearly whether the amputation of
hands should be carried out immediately, nor it also did not mention whether the punishment
for crime of theft has to be carried out for each theft committed, regardless of how much
amount the thieves had stolen. Therefore, Prophet gave further clarification regarding this
verse by narrating, “The hand of a thief should be cut off for stealing a quarter of dinar.”
Hence, from the Sunnah mentioned, we will be aware that amputation of hands would only
be carried out if the amount stolen was a quarter of dinar or more.
The third characteristics of Sunnah is Sunnah qualifies the unqualified verses of AlQuran and
specifies the general injunctions of Al-Quran. Most of the verses in Al-Quran is general in
meaning, hence the Sunnah will supplement the Al-Quran by exemplifying such general
rulings of Al-Quran, namely through providing exemptions on certain rulings in AlQuran.
There are a few examples to illustrate the above characteristics, first, is in Chapter 5, verse 3
which states that “Prohibited to you are dead animals, blood, the flesh of swine.” This verse
considered to be general ruling because it prohibits Muslims to consume dead animals and
blood of animals, hence Sunnah specifies such general rulings by giving permission to
Muslims to consume certain dead animals, such as the carcasses of fishes and grasshoppers,
Sunnah also gives exemption to Muslims to consume two types of blood, namely liver and
the spleen. This can be supported by Hadith narrated by ‘Abdullah bin ‘Umar that the Prophet
said: “Two kinds of dead meat and two kinds of blood have been permitted to us. The two
kinds of dead meat are fish and locusts, and the two kinds of blood are the liver and heart.”
Moreover, in the inheritance of property is provided under Chapter 4, verse 11, which states
“Allah instructs you concerning your children: for the male, what is equal to the share of two
females. But if there are [only] daughters, two or more, for them is two thirds of one's estate.
And if there is only one, for her is half. And for one's parents, to each one of them is a sixth
of his estate if he left children. But if he had no children and the parents [alone] inherit from
him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a
sixth, after any bequest he [may have] made or debt. Your parents or your children - you
know not which of them are nearest to you in benefit. [These shares are] an obligation
[imposed] by Allah. Indeed, Allah is ever Knowing and Wise”, and in Chapter 4, verse 12,
which states “And for you is half of what your wives leave if they have no child. But if they
have a child, for you is one fourth of what they leave, after any bequest they [may have]
made or debt. And for the wives is one fourth if you leave no child. But if you leave a child,
then for them is an eighth of what you leave, after any bequest you [may have] made or debt.
And if a man or woman leaves neither ascendants nor descendants but has a brother or a
sister, then for each one of them is a sixth. But if they are more than two, they share a third,
after any bequest which was made or debt, as long as there is no detriment [caused]. [This is]
an ordinance from Allah, and Allah is Knowing and Forbearing.” By observing the two
verses of Al-Quran, there is no specific ruling whether a heir who turns out to be murderer
would be entitled to shares of inheritance, hence, Sunnah specified the ruling, when Prophet
said: “Murderer cannot inherit”. This ruling is reflected in the case of Amanah Raya Berhad v
Muhammed Suhaimi b Abdul Aziz & Ors, in which the court held that the 1st defendant did
not have right to inherit deceased’s property because he murdered the deceased. Moreover,
the ruling in Chapter 4, verse 11 is a general ruling since it encompasses every family and
every child can be the heir for their parents’ property, however, there was Sunnah from
Prophet which specified such general ruling by mentioned expressly that children of Prophets
is excluded from the general rulings, and this can be seen when Prophet said, “We Prophets
leave behind no inheritance. Whatever we leave behind is charity.”
The fourth characteristics of Sunnah is Sunnah consists of rulings on which Al-Quran is silent
on it. This is referred to the founding Sunnah or al-Sunnah al-Muassisah. This implied that
the Sunnah could enact rulings when such rulings are not mentioned in AlQuran, hence such
rulings are also applicable to Muslims, and they are compelled to follow the rulings
mentioned in founding Sunnah. There are a few examples to support this characteristic, first,
is in Chapter 24, verse 2, which states “The [unmarried] woman or [unmarried] man found
guilty of sexual intercourse - lash each one of them with a hundred lashes, and do not be
taken by pity for them in the religion of Allah, if you should believe in Allah and the Last
Day. And let a group of the believers witness their punishment.” By looking at such verse,
Al-Quran did not mention about the punishment for married adulterers, hence, Sunnah
imposed that the punishment for married adulterers is rajm (stoning to death), such Sunnah
can be seen from narration of Ibn Abbas :’Umar said, “Lo! I confirm that the penalty of
Rajam be inflicted on him who commits illegal sexual intercourse, if he is already married
and the crime is proved by witnesses or pregnancy or confession." Moreover, from Chapter 4,
verse 11 and Chapter 4, verse 12, the verses are silent regarding the portion of inheritance for
grandmother, hence Sunnah expressed that the portion of inheritance for grandmother is 1/6
of the property, as narrated by Buraydah that the Prophet (PBUH) appointed a sixth to a
grandmother if no mother is left to inherit before her. The Al-Quran did not have express
rulings regarding mut’ah (temporary marriage), hence Sunnah enacts rulings which provided
that mut’ah is strictly prohibited because it defied the purpose of marriage, such Sunnah is
narrated by Ali bin Abi Talib, “The Prophet prohibited the Mut'ah with women, and the meat
of domestic donkeys during (the campaign of) Khaibar.". Moreover, in Chapter 5, verse 3, the
Al-Quran is silent about whether a Muslims could consume meats of donkeys and fanged
beasts (dogs, cats, bears and more), hence Sunnah made clear rulings that Muslims are
prohibited from consuming meats of donkeys and fanged beasts. Both Sunnah can be seen
when Ibn Umar narrated that the Prophet prohibited the eating of donkey’s meat and Abu
Tha’laba narrated that Prophet forbade the eating of the meat of beasts having fangs. The last
example for this characteristic can be seen in Chapter 4, verse 23, which states “Prohibited to
you [for marriage] are your mothers, your daughters, your sisters, your father's sisters, your
mother's sisters …”}, the verse prohibits Muslim to contract marriage with maternal or
paternal aunts, but it is silent on whether a Muslim can marry a woman and her maternal or
paternal aunt at the same time, hence Sunnah enacts ruling which prohibits such marriage,
and it can be found in narration of Abu Huraira as Prophet said “One should not combine in
marriage a woman with her father's sister, or her mother's sister.”
In short, there are many characterises of Sunnah which made it incredibly unique, and such
characteristics made Sunnah to be a valid source of reference for Muslims when they are in
doubts.

Classification of Hadith (Ahkam, Transmission, Reliability)

1) Ahkam
Sunnah is divided into three types, namely verbal, actual and tacitly approved. The verbal
Sunnah consists of the saying of PM on any subject matter. Every saying of the PM explain
about a ruling or to inform the people of what to do and what should not do. (“all good deeds
are determined by good intention”, “livestock is liable to Zakat”)
The actual Sunnah consists of his deeds and actual instructions. His action gives legal
implication for Muslim community to follow. (“perform your prayer as how you see me
performing it”) The fact that PM authorised mutilation of the hand of the thief from the wrist
illustrated how (5:38) should be implemented.
The tacitly approved Sunnah consists of the acts and sayings of the Companions which came
to the knowledge of PM and of which he approved. The tacit approval of PM may be inferred
from his silence and lack of disapproval or from his express approval and verbal
confirmation. An example is the report tat two of the Companions went on a journet and
when they failed to find water for ablution, they both performed the obligatory prayers by
wiping the hands, face and feet with clean sand. Later, when they found water, one of them
performed the prayers again whereas the other did not. Upon their return, they related their
experience to PM who is reported to have approved both courses of action. Another example,
companions and PM travel through desert and fail to find for food and one of them ate dhab.
Companion as PM if it is haram or halal to eat dhab in extreme situation. PM x given answer,
only nodded. Gave permission to eat food that is haram in extreme situation.
2) Transmission: Continuous Hadith
A continuous Hadith is one which has a complete chain of transmission from the last narrator
all the way back to PM. There are three types of continuous hadith, namely Mutawatir,
Mashyur and Ahad.
Mutawir
Mutawatir means continuously recurrent. It means a report by an indefinite number of people.
A hadith, reported by a large or indefinite number of people (narrators/reporters) in such a
way that precludes the possibility of their agreement to perpetuate lie. Such possibility is
inconceivable owing to their large number, diversity of residence and reliability. - All deeds
are determined through your intention.
A report is classified as Mutawatir only when it fulfils the following conditions.
First is that the number of reporters in every generation must be large enough to prevent in
propagating falsehood. If the number of reporters fall short of a reliable multitude, their
report does not establish positive knowledge and therefore is not Mutawatir.
Al-Ghazali held his view that when a reasonable number of persons report something which
is supported by evidence, their report may amount to positive knowledge. Second is that the
reporters must base their report on sense perception. If a large number of people report that
the universe is created, their report would not be Mutawatir. The report must aslo based on
certain knowledge. Thirdly is that the reporters are not biased and not associated with one
another. Mutawatir is wajib to follow.
Mashyur
Mashyur is defined as a hadith which is originally reported by one, two or more Companions
from PM but later become well-known and transmitted by an indefinite number of people. It
is necessary that the diffusion of the report should have taken place during the first or second
generation following the demise of PM and not later. This would mean that the hadith
became widely known during the period of the Companions. According to Hanafis, acting
upon Mashyur is obligatory but its denial does not amount to disbelief. Hanafis also stated
that Mashyur may qualify the general of the AQ ( “a murderer shall not inherit” qualifies the
general provision of (4:11)
No woman shall be married simultaneously with her paternal or maternal aunt has qualified
the general provisions of the Quran on marriage where the text spells out the prohibited
degrees of marriage and then declares ‘it is lawful for you to marry outside these
prohibitions’ in chapter 4: 24. - Hukm or value of following hadith mashyur: not made
compulsory but is encouraged if it imparts knowledge.
Ahad
Ahad is a hadith which is reported by a single person from PM. Imam Shafii refers to Khabar
al-Khassah, which applies to every report narrated by one, two or more persons from PM but
which fails to fulfil requirements of either Mutawatir or Mashyur. Muslim community are not
bound to follow this hadith and leave it in the hand of Muslim whether if they want to follow.
(“anyone who touches his sexual organ must take a fresh ablution”)
3) Transmission: Discontinued Hadith
Discontinued Hadith is that the chain of transmission does not extend all the way back to PM.
Hadith Mursal is defined as a hadith where a successor has directly attributed to the PM
without mentioning the Companion who might have narrated it to PM. Since the identity of
the mssing link is not known, it is possible that he might have been an upright person. The
majority o ulema have defined Mursal as hadith transmitted by one who has not met with PM
and yet quotes PM directly.
4) Reliability of narrators
Hadith Sahih
Hadith is classified as Sahih or authentic when its narrators belongs to the first three
categories namely, the Companions are accepted to be reliable, those who rank highest in
respect of reliability next to the Companions and those who a trustworthy but a lesser degree
than the first two. It is defined as a hadith with a continuous narration all the way back to PM
consisting of trustworthy, completely competent person in ability to memorise and preserve
what he wrote.
Literally: authentic, sound
Definition: Hadith which narrated by a trustworthy(‘adl), completely competent
person(dhabit), either in his ability to memorize or to preserve what he wrote, with a
connected chain of narration(isnad) all the way back to the Prophet that contains neither a
serious concealed flaw nor irregularity(‘illal).
Example: Narrated 'Umar bin Al-Khattab: I heard Allah's Apostle saying, "The reward of
deeds depends upon the intentions and every person will get the reward according to what he
has intended. So whoever emigrated for worldly benefits or for a woman to marry, his
emigration was for what he emigrated for.“ (Sahih Bukhari)

Hadith Hasan
Hadith Hasan has similar definition to Sahih except the competence of one of its narrators is
less than complete and did not attain highest degree of reliability.

Literally: good, fair

Definition: The same definition a ṣaḥīḥ hadith except that the competence of one of its
narrators is less than complete or not attained the highest degree of reliability and
prominence.
Example:
“Slaughtering an (pregnant) animal at its belly is also her children slaughter”(Narrated by
Imam Darimi) *in the sanad, one of the narrator, Ubaidillah Bin Abu Ziyad own minor
deficiency.

Hadith Dhaif
Hadith Dhaif is a hadith where the narrators do not possess the qualifications required in
Sahih or Hasan. Its narrator is known to have a bad memory, or his integrity has been
subjected to serious doubt. In determining the reliability of hadith, the ulema are guided by
rule that every hadith must be traced back to PM through a continuous chain of narrators
whose reputations and integrity are good. A hadith which does not fulfil these requirements is
not accepted. Dhaif hadith does not constitute a shari proof and is rejected
Literally: weak
Definition: A hadith whose narrators do not possess the qualifications required in sahih or
hasan. It is called weak owing to a weakness that exists in its chain or narrators or in its
textual contents. Its narrators is known to had a bad memory or that his integrity & piety has
been subjected to serious doubt.
Example: “Anyone who said to the poor, rejoice! And should surely (surely) of heaven for
him." (Narrated by Ibn 'Adi) *In the history of this hadith, there is one of the narrators named
'Abdul Malik bin Harun is accused of lying. Thus,this hadith is regarded as da'if.

CHAPTER 3: IJMA (refer to notes)

Historical Background of Ijma
Proof of Ijma
Examples of Ijma
Importance of Ijma
Conditions of Ijma
Types of Ijma
Feasibility of Ijma
Transmission of Ijma
Ijma in the Modern Times