Introduction to Islamic law (2013) Dr. Sowed Juma Mayanja

i
AN INTRODUCTION
TO
ISLAMIC LAW
DR. SOWED JUMA MAYANJA
2013

ii
ACKNOWLEDGEMENT
All thanks and appreciations are due to The Al-Mighty Allah, who gave me life and
bestowed on me His favours, which enabled me to accomplish this work.
I am indebted to Professor Mustafa Roshash, the Vice-Chancellor of Zanzibar University,
who encouraged me to write this book and publish it.
I am also indebted to Dr. Bilaal Philips, whose work, “The Evolution of Fiqh”, has
helped me so much in enhancing the quality of the present work.
I am very grateful to the Colleagues; Dr. Haroonah Nsubuga, Dr. Hassan Nandwa and
Dr. Jamil Serwanga, who reviewed the manuscript.
I am grateful to a Zanzibar University librarian; Mr. Abbas Mohamed Omar for his
technical assistance in creating an electronic version of this book.
My sincere thanks and gratitude should also be registered to my family; my wives and
my children for their patience and perseverance while I was preparing this book.
May Allah reward all abundantly.

iii
TABLE OF CONTENTS
ACKNOWLEDGEMENT.......................................................................................................... ii
TABLE OF CONTENTS.......................................................................................................... iii
PREFACE................................................................................................................................ vii
INTRODUCTION ......................................................................................................................1
1. Definition of Shariah and Fiqh..........................................................................................1
Distinction between Shariah and Fiqh.....................................................................................2
2. Objectives of Shariah........................................................................................................2
a. General objective:.............................................................................................................2
b. Specific objective: ............................................................................................................3
How does Shariah safeguard these essentials? .........................................................................3
a. Safeguard of Religion:......................................................................................................3
b. Safeguard of life:..............................................................................................................3
c. Safeguard of progeny (off spring).....................................................................................4
d. Safeguard of the intellect. .................................................................................................4
e. Safeguard of property. ......................................................................................................4
1. The development of Islamic Law......................................................................................6
CHAPTER ONE.........................................................................................................................8
THE FIRST STAGE IN THE DEVELOPMENT OF ISLAMIC LAW........................................8
Sources of legislation during this stage:...................................................................................8
1. The Qur’an......................................................................................................................8
The first and last verses to be revealed in the Qur’an.............................................................16
Preservation of the Qur’an.....................................................................................................17
Al- Makki wa Al- Madani ( the Meccan and Medina Suras) and their characteristics............19
The Meccan period................................................................................................................19
The Medina Period................................................................................................................21
Legal content of the Qur’an...................................................................................................23
The basis of legislation in Shariah .........................................................................................24
1. The removal of hardship and unnecessary burden...........................................................24
2. The reduction of religious obligations.............................................................................26
3. The realization of public welfare ....................................................................................27
4. Gradation in legislation...................................................................................................27
5. The realization of universal justice .................................................................................28
2. The Sunnah ....................................................................................................................30
Difference between Sunnah and Hadith.................................................................................31
Status of the Sunnah under Islamic Legislation......................................................................31
Method of legislation of the Sunnah ......................................................................................32
Preservation of the Sunnah....................................................................................................33
Types of Sunnah in relation to the Qur’an .............................................................................34

iv
Categorisation of human acts [Af’al- mukalafiina] in Shariah ................................................36
Ijtihaad during this period......................................................................................................38
a. Definition of Ijtihaad......................................................................................................38
b. Ijtihaad from the Prophet (S.A.W)..................................................................................38
b. Ijtihaad from the companions .........................................................................................39
CHAPTER TWO ......................................................................................................................42
THE SECOND STAGE IN THE DEVELOPMENT OF ISLAMIC LAW.................................42
Problem solving procedure of the Righteous Caliphs.............................................................42
Sources of Islamic law during this stage ................................................................................44
The Qur’an............................................................................................................................44
Compilation of the Qur’an during this period: .......................................................................44
The Sunnah ...........................................................................................................................46
Compilation of the Sunnah during this period........................................................................46
Ijmaa.....................................................................................................................................47
Definition of Ijmaa................................................................................................................48
Types of Ijmaa ......................................................................................................................49
Examples of Ijmaa during this period....................................................................................49
IJTIHAAD ............................................................................................................................50
Caliph Umar’s letter to his judge Abu-Musa Al-Ashari .......................................................51
Examples of Ijtihaad during this period.................................................................................53
CHAPTER THREE...................................................................................................................57
THE THIRD STAGE IN THE DEVELOPMENT OF ISLAMIC LAW.....................................57
Factors which affected Islamic law during this stage .............................................................57
1. Division of the Ummah ..................................................................................................57
2. Deviation of the Umayyad Caliphs .................................................................................59
Dispersion of the Ulamaas (Muslim Scholars).......................................................................59
Increase in the narration of Hadith.........................................................................................60
Fabrication of Hadith.............................................................................................................61
Signs of fabrication in the transmission (Sanad) of Hadith: ...................................................63
Can a Dha’if Hadith be relied upon or not?............................................................................66
Characteristics of Islamic Law in the Umayyad period ..........................................................66
Reasons for differences .........................................................................................................67
CHAPTER FOUR.....................................................................................................................69
THE FOURTH STAGE IN THE DEVELOPMENT OF ISLAMIC LAW.................................69
Factors which affected the development of Islamic law during this period.............................69
1. State support for scholars:...............................................................................................69
2. Increase in centers of Learning: ......................................................................................70
3. Freedom of opinion and expression ................................................................................71
4. The Spread of Debates and Discussions..........................................................................71
5. Translation of Foreign Books into Arabic .......................................................................71
Compilation and documentation of Hadith ............................................................................72
Swahiih Al-Bukhari, the first of the two Swahiihain..............................................................73

v
Swahiih Muslim, ...................................................................................................................73
The four Sunan......................................................................................................................74
Sunan Abi Dawood: ..............................................................................................................74
Sunan Tirimizhi: ...................................................................................................................74
Sunan Ibn Maajah: ................................................................................................................74
Sunan Nasa’e: .......................................................................................................................74
Sources of Islamic Law during this period.............................................................................75
Qiyaas (analogical reasoning)................................................................................................75
Opinion of the Companion ....................................................................................................76
Istihsaan (Juristic Preference) ...............................................................................................77
Istislaah or Maswaaleh mursalah (Public Interest) .................................................................78
Istishaab (presumption).........................................................................................................78
Saddu Zhariah (prevention of the means) ..............................................................................79
Uruf (Local Custom) .............................................................................................................79
CHAPTER FIVE ......................................................................................................................81
THE FOUNDATION OF THE ISLAMIC LEGAL SCHOOLS OF THOUGHT (MAZH-HABS) .........81
1. The Hanafee Mazh-hab...................................................................................................81
Formation of the Hanafee school...........................................................................................82
Sources of law used by Hanafee Mazh-hab............................................................................82
Prominent students of Imaam Abu Haneefah.........................................................................83
Followers of the Hanafee Mazh-hab......................................................................................83
2. The Maalikee Mazh-hab................................................................................................83
Formation of the Maalikee Mazh-Hab...................................................................................84
Sources of law used by the Maalikee Mazh-Hab....................................................................84
Prominent students of Imaam Maalik ....................................................................................84
Followers of the Maalikee Mazh-hab.....................................................................................85
3. The Shaafi’e Mazh-hab...................................................................................................85
Formation of Shaafi’e Mazh-hab ..........................................................................................85
Sources of law used by Shaafi’e Mazh-Hab...........................................................................85
Prominent students of Imaam Ashafi’e..................................................................................86
Followers of the Shaafi’e Mazh-hab......................................................................................86
4. The Hambalee Mazh-hab................................................................................................86
Formation of Hambalee Mazh-Hab .......................................................................................86
Sources of law used by the Hambalee Mazh-Hab ..................................................................87
Followers of the Hambalee Mazh-hab ...................................................................................87
Resolution of outward textual conflict in Hadith:...................................................................92
Methods of qiyaas .................................................................................................................92
Concluding Remarks:............................................................................................................93
CHAPTER SIX.........................................................................................................................96
THE FIFITH AND SIXTH STAGE IN THE DEVELOPMENT OF ISLAMIC LAW...............96

vi
The Fifth Stage......................................................................................................................96
Work of scholars during this stage.........................................................................................96
a) Deducing the fundamental principles behind the rulings of their Imaams:.......................96
b) Authenticating the opinion of the Imaam of the Mazh-hab: .........................................97
c) Defending the Mazh-hab: ...............................................................................................97
Compilation of Islamic laws..................................................................................................97
The Sixth Stage.....................................................................................................................97
Emergence of Taqleed...........................................................................................................98
Reasons for Taqleed..............................................................................................................98
CHAPTER SEVEN.................................................................................................................101
THE SEVENTH STAGE IN THE DEVELOPMENT OF ISLAMIC LAW.............................101
1) Establishment of a number of Islamic Universities teaching comparative Islamic law101
2) Formation of Islamic Fiqh Councils, Academies and Centres....................................102
3) Muslim majority states have integrated Islamic law in their Legal systems................104
4) Some minority Muslim states have introduced Qadhi Courts in their Legal system ...105
CONCLUSION.......................................................................................................................108
BIBLIOGRAPHY...................................................................................................................110
APPENDIX I ..........................................................................................................................113
APPENDIX II.........................................................................................................................113

vii
PREFACE
IN THE NAME OF ALLAH, MOST GRACIOUS, MOST MERCIFUL
All praises are due to Allah the Cherisher and Sustainer of the worlds.
May the blessings of Allah and His peace be showered upon His beloved Prophet,
Muhammad Bin Abdillah, and upon his relatives and companions, and all those who
follow his guidance until the Day of Judgment.
The emergence in recent years of Universities and Institutions in Africa, which teach
comparative law in English language, has created a need for English textbooks on Islamic
Law.
The field of Islamic law has been misconceived by majority of Muslims and non-
Muslims; thereby creating a need for handy simplified textbooks for easy understanding
of the subject matter.
The present book is the second of a series of textbooks by the Author, in an attempt to
provide reasonably manageable textbooks on the subject.
Although the book was originally written for students of law who undertake a
comparative study between common law and Islamic law, it has been written in such a
way that it can benefit any average reader, Muslim and non-Muslim, with little or no
prior knowledge of the subject.
The book contains an Introduction and seven Chapters dealing with the different stages
through which Islamic Law underwent in its development from the beginning to the
present day.
I pray to The Al-Mighty Allah to bless this humble effort, make it beneficial to whoever
reads it and add it to my scale of good deeds on the Day of Judgment.
Ameen.
Dr. Sowed Juma Mayanja
Zanzibar
2013

1
INTRODUCTION
1. Definition of Shariah and Fiqh
Shariah has been loosely translated into English as ISLAMIC LAW, and so has Fiqh,
but these two terms are not synonymous.
Shariah is an Arabic word which literally means “The straight path to be followed”1
. It
also means “The way to a watering place”2
.
It can also literally be extracted from the root word “Tashri’e” which means: To
introduce, to enact, or to prescribe3
Legally, however, Shariah refers to the total sum of laws revealed by Allah to Prophet
Muhammad (S.A.W) for the guidance of humankind to their welfare and wellbeing in
this world and here after4
.
These laws are contained in the Qur’an, thus, the Qur’an is the primary source of
Shariah.
The Qur’anic laws are explained and translated into practice by the Sunnah5
of the
Prophet (S.A.W). Therefore the Sunnah is the secondary source of Shariah.
Shariah, therefore, is a comprehensive system of divine laws contained in the Qur’an and
translated into practice by the Sunnah of the Prophet (S.A.W).
Allah The All-Knower revealed these laws and therefore they are authentic, straight and
free from mistakes.
Fiqh on the other hand is an Arabic word, which literally means intelligence, or the true
understanding of what is intended6
.
In the language of law, however, Fiqh refers to the science of deducing Islamic laws from
Shariah7
.
1
Al-Qawnaawi, Q. Aniis Al-Fuqahah, Jeddah, Daar Al-Wafaa, 1st
Edn.(1457 H), Vol.1, pg.309.
2
Ibn Manzhur, M. Lisaan Al-Arab, Beirut, Daar Swadir, 1st
Edn.Vol.1, pg.347,
3
Ar-Raazi, M. Mukhtaaru As-Sihaah, Beirut, Maktabat Lubnaan, (1995), Vol.1, pg.354
4
Assayis, Taarikhil- Fiqhil – Islami, Al-Azhar University, pg.5
5
Sunnah refers to acts, deeds and approvals of the Prophet (S.A.W). See details on page……..
6
Al-Fairuzi-Abaadi, M. Al-Qamuusi Al-Muhiit, Vol.1, pg.1614.
7
Al-Jurjaani, A. At-Taariifaat, Beirut, Daarul- Kitaabi Al-Arabi, 1st
Edn. (1405), Vol.1, pg.216.

2
It is the intellectual systematical endeavour to interpret and apply the principles of
Shariah to meet the problems of the day by Jurists8
.
It is the science of deriving Islamic Laws from Shariah through the exercise of reasoning.
It is the combination of Shariah and Fiqh which makes up Islamic law.
Distinction between Shariah and Fiqh
From the previous definitions, the following three differences may be deduced9
:
1) Shariah is the body of revealed laws found both in the Qur’an and in Sunnah,
while Fiqh is a body of laws deduced from Shariah to cover specific situations
not directly treated in Shariah.
2) Shariah is fixed and unchangeable, whereas Fiqh changes according to the
circumstances under which it is applied.
3) The laws of Shariah are, for the most part, general; they lay down basic
principles. In contrast, the laws of Fiqh tend to be specific; they demonstrate
how the basic principles of Shariah should be applied in given circumstances.
It should be noted however, that the word Shariah is sometimes used interchangeably
with Islamic Law.
2. Objectives of Shariah
Shariah has two types of objectives namely; General objective and specific
objective.
a. General objective:
Like any other legal system, the general objective of Shariah is to secure and
safeguard the welfare and well-being of human beings.
Thus, Shariah laws were not revealed to benefit The Creator Allah, but to benefit
human beings.
8
Ajijola, A.D., what is Sharia, New Delhi, Adam Publishers, (2002), pg.15.
9
See:Bilaal, P., The evolution of fiqh, Riyadh, Tawheed Publications, (1990), pg 2.

3
b. Specific objective:
The specific objective of Shariah is to safeguard the five essentials of human
existence, namely; Religion, Life, Progeny (Off spring), Intellect and Property10
.
How does Shariah safeguard these essentials?
Shariah has got two major ways in safeguarding these essentials, namely;
1) By prescribing, ordaining, promoting, encouraging some acts and promising
rewards thereof.
2) By prohibiting or discouraging some acts and prescribing punishments for those
who commit them.
a. Safeguard of Religion:
Shariah safeguards Religion by:
 Ordaining the five pillars of Islam, that is to say confessing of the oneness
of Allah and Muhammad (S.A.W) as his messenger, establishing the five
daily prayers, paying zakah, fasting the month of Ramadhan and
performing of pilgrimage to Mecca
 Ordaining Jihaad for defense purposes and clearing way from all obstacles
which hinder its progress
 Prohibiting disbelief and apostasy
 Prescribing punishments upon those who do not observe the five pillars of
Islam
b. Safeguard of life:
Shariah safeguards life by:
 Ordaining to eat lawful food which is not harmful to life.
 Ordaining the protection of oneself from harmful things which endanger
one’s life.
10
Al- Yubi, M., Maqaasid Ashariatil- Islamiyyah, Riyadh, Darul- Hijrah, (1998), pg 182

4
 Promoting brotherhood among its followers and prohibiting enmity which
sometimes leads to killing of one another.
 Prohibiting killing oneself or committing suicide and destroying an
innocent life
 Prohibiting acts which endanger life like abortion, prostitution, fornication
and adultery.
 Prescribing punishment to whoever destroys life unlawfully
 Encouraging procreation of children as this promotes the continuity of life
in this world.
c. Safeguard of progeny (off spring).
Shariah safeguards progeny by:
 Encouraging marriage and discouraging celibacy.
 Prohibiting fornication, adultery, defilement and homosexuality
 Prohibiting abortion
 Prescribing harsh punishments for such criminal acts
 Prohibiting free mixing, shaking hands with opposite sex and all acts which
may lead to fornication or adultery.
d. Safeguard of the intellect.
Shariah safeguards the Intellect by:
 Ordaining the search for useful knowledge, since it is food for the intellect
 Prohibiting intoxicants and all sorts of drinks that upset the mind
 Prescribing punishments upon those found consuming those drinks.
e. Safeguard of property.
Shariah safeguards property by:
 Encouraging people to work and acquire property lawfully.
 Promoting brotherhood through Zakah (alms giving) and charity, there by
reducing envy and jealousy which may lead to destruction of property.
 Prohibiting all illegal means of acquiring wealth like stealing, robbery,
interest and gambling
 Prohibiting extravagancy and misuse of property
 Discouraging laziness among its followers

5
The following are some of the texts of Qur’an and Sunnah which confirm the
safeguard of the five essentials by Shariah:
1- Allah said:
(Say o Muhammad: come I will recite what your Lord has prohibited you from;
Join not anything in worship with Him, be good and dutiful to your parents, kill
not your children because of poverty, for we provide sustenance for you and for
them, come not near illegal sexual intercourse whether openly or secretly, kill not
any one whom Allah has forbidden except for a just cause. This He has
commanded you that you may understand. And come not near to the orphan’s
property, except to improve it until he/she attains the age of full strength, and give
full measure and full weight with justice. We burden not any person but that which
he can bear, and whenever you judge between men or give evidence say the truth
even if a near relative is concerned, and fulfill the covenant of Allah, This He
commands you that you may remember)11
.
2- Allah said:
(And your Lord has decreed that you worship non but Him, and that you be dutiful
to your parents. If one of them or both of them attain old age in your life, say not
to them a word of disrespect, nor shout at them but address them in terms of
honour. And lower to them the wing of submission and humility through mercy
and say: My Lord! Bestow on them Your mercy as they did bring me up when I
was young. Your Lord knows best what is in your inner selves, if you are
righteous, then verily He is Ever most Forgiving to those who turn to Him again
and again in obedience and in repentance. And give to the kinsman his due and to
the needy and to the wayfarer, but spend not wastefully your wealth in the manner
of a spendthrift, for verily the spendthrift are brothers of devils and the devil is
ever un grateful to his Lord……. And kill not your children for fear of poverty, for
we shall provide for them and you, surely the killing of them is a great sin. And
come not near to unlawful sex, verily it is a great sin and an evil way. And do not
kill anyone whose killing Allah has forbidden except for a just cause……. And
come not near to the orphan’s property except to improve it until he/she attains the
age of full strength, and fulfill every covenant; for verily every covenant will be
questioned about. And give full measure when you measure and weigh with a
balance that is straight that is good and better in the end. And follow not or say not
that of which you have no knowledge, for verily, the sight, and the heart will be
questioned about)12
.
3- Allah said:
11
Surat Al-An’am (6: 151-152)
12
Surat Al-Isra (17:23-36)

6
(O Prophet! When believing women come to you to give you the pledge, that they
will not associate anything in worship with Allah, that they will not steal, that they
will not commit illegal sexual intercourse, that they will not kill their children, that
they will not utter slander intentionally forging falsehood, and that they will not
disobey you in all that which Islam ordains, then accept their pledge and ask Allah
to forgive them. Verily Allah is Oft-Forgiving, Most Merciful)13
.
4- The prophet (S.A.W) said:
“Do not envy one another, do not overbid one another, do not hate one another, do
not desert one another, do not sell on top of the sale of another, be oh servants of
Allah brothers. A Muslim is a brother of his fellow Muslim; he does not cheat
him, he does not disappoint him, he does not scorn him. It is enough to be an evil
for a Muslim to scorn his fellow Muslim. The whole of a Muslim to his fellow
Muslim is sacred; his blood, his property and his honour”14
.
1. The development of Islamic Law
Islamic law underwent a number of stages in its development and these stages are
majorly seven, and they occurred respectively in the following historical periods15
:
a) The first stage: This covers the era of the Prophet, that is to say, from the time he
became a Prophet to the time of his death (610 – 633 A.D).
b) The second stage: This covers the era of the righteous Caliphs, that is to say, from
the death of the Prophet (S.A.W) to the middle of the seventh century (633 –
661A.D).
c) The third stage: This covers the period of Ummayyads, that is to say, from the
founding of the Umayyad Dynasty (663 A.D) until its decline in the middle of the
8th
century.
d) The fourth stage: This stage starts from the rise of the Abbaasid dynasty, in the
middle of the 8th
century, to the beginning of its decline in the middle of 10th
century.
13
Surat Al-Mumtahanah (60:12)
14
Muslim, Swahiih, Vol.4, pg.1986, Hadith No.2564
15
Many writers have mentioned six stages. See, for example, Assayis, M., Taarikhil- Fiqhil – Islami, Cairo, Al-
Azhar University, pg 11. see also: Bilaal, P., The evolution of Fiqh, pg 3. However, I feel that a number of things
have taken place since the middle of the 20th
century to the present day which qualify this stage to be independent
from the sixth stage. In this book therefore, I have made the stages to be seven.

7
e) The fifth stage: This stage starts from the decline of the Abbaasid dynasty, from
about 960 A.D to the murder of the last Abbaasid Caliph at the hands of the
Mongolians, in the middle of the 13th
century A.D.
f) The sixth stage: This stage starts from the falling of Baghdad in 1258 A.D to the
middle of the 20th
century (1960 A.D).
g) The seventh and the last stage: This stage starts from the middle of the 20th
century (1960 A.D) and continues up to the present day.

8
CHAPTER ONE
THE FIRST STAGE IN THE DEVELOPMENT OF ISLAMIC LAW
The first stage in the development of Islamic law covers the era of Prophet Muhammad’s
Prophet-hood. This period started in the year 610 A.D, when the prophet received the
first revelation, and extends until his death in 633 A.D, a period of 23 years.
Sources of legislation during this stage:
During this period, the only source of Islamic legislation was divine revelation in the
form of either the Qur’an or the Sunnah of the Prophet (S.A.W).
1. The Qur’an
The Qur’an was the primary source of legislation during this period.
Definition of the Qur’an
The Qur’an is the word of Allah revealed in Arabic language to prophet Muhammad
(S.A.W) through the Angel Jibril , for the guidance of mankind. It starts with Surat AL-
Fatiha and ends with Surat An-Nas, and its recitation is worship16
.
Allah says: (And truly this Qur’an is a revelation from The Lord of all that exists, which
the Trustworthy [Jibril ] has brought down upon your heart [O Muhammad] that you may
be one of the warners, in the plain Arabic language)17
.
The Qur’an is composed of 114 Suraas (chapters), the first one is Surat Al- Fatihah
(Chapter 1), and the last one is Surat Annas(Chapter 114). The longest is Surat Al-
Baqarah (Chapter 2) and the shortest is Surat Al-Kauthar (Chapter 108).
Method of legislation of the Qur’an
The Qur’an, which was the primary source of legislation, was not revealed in a lump
some, but was revealed in sections according to the need of the time.
Sections of the Qur’an were continuously revealed to the Prophet Muhammad (S.A.W)
from the beginning of his prophet hood in the year 609 A.D until shortly before his death
(633 A.D), a period of approximately twenty-three years.
16
Khallaaf, A., Ilm Usuul-lfiqhi, Cairo, Maktabat Adaawa Al-Islamiyyah, pg 23.
17
Surat Asshu’ara (26: 192- 195).

9
The various sections of the Qur’an were generally revealed to solve the problems which
confronted the Prophet (S.A.W) and his followers in both Mecca and Medina, and to
formulate rules regulating actions of the Muslim community.
A number of Qur’anic verses were direct answers to questions raised by Muslims as well
as non-Muslims during the era of Prophet-hood. Many of these verses actually begin
with the phrase “They ask you about….”
Examples of such verses are as follows:
1- (They ask you about the new moons, say: These are signs to mark fixed periods of
time and for the pilgrimage)18
.
2- (They ask you about fighting in the forbidden months, say; fighting in them is a
grave offense, but blocking Allah’s path and denying Him is even greater in
Allah’s sight)19
.
3- (They ask you about wine and gambling say: There is great evil in them as well as
benefit to man. But the evil is greater than the benefit)20
.
4- (They ask you about menses, say: It is harm, so stay away from sexual relations
with women during their menses)21
.
5- (They ask your legal instruction concerning women, say: Allah instructs about
them, and about what is recited unto you in the book concerning the orphan girls
whom you give not the prescribed portions [as regards mahar and inheritance] and
yet whom you desire to marry, and concerning the children who are weak and
oppressed, and that you stand firm for justice to orphans. And whatever you do,
Allah is ever All- Aware of it)22
.
6- (They ask you for a legal verdict, say: Allah directs about Al-Kalaalah (Those who
leave neither descendants nor ascendants as heirs]. If it is a man that dies leaving a
sister, but no child, she shall have half the inheritance. If such a deceased was a
woman, who left no child, her brother takes her inheritance. If there are two
sisters, they shall have two thirds of the inheritance, if there are brothers and
sisters, the male shall have twice the share of the female)23
.
18
Surat Al- Baqarah (2:189).
19
Surat Al-Baqarah (2:217).
20
Surat Al- Baqarah (2:219).
21
Surat Al- Baqarah (2: 222).
22
Surat An- Nisaa (4: 127).
23
Surat An-Nisaa (4:176)

10
7- (They ask you what is lawful for them, say: Lawful unto you are At-Tayyibaat,
foods which Allah has made lawful)24
.
8- (They ask you about the day of resurrection when will its appointed time be? Say:
The knowledge thereof is with my Lord alone. None can reveal its time but Him.
Heavy is its burden through the heavens and earth. It shall not come upon you
except all of a sudden. They ask you as if you have a good knowledge of it, say:
The knowledge thereof is with Allah Alone, but most of mankind know not)25
.
9- (They ask you about Dhul-Qarnain, say: I shall recite to you something of his
story)26
.
10- (And they ask you concerning the mountains, say: My Lord will blast them and
scatter them as particles of dust)27
.
A number of other verses were revealed as solutions to particular incidents which took
place during the era of the Prophet (S.A.W).
Examples of this type include the following:
1- Hilaal Bin Umayyah came before the Prophet and accused his wife of adultery.
The Prophet (S.A.W) said: “Either you bring proof (that is to say, three other
witnesses) or you will receive the fixed punishment (of eighty lashes) on your
back”. Hilaal said: Oh messenger of Allah! If any of us saw a man on top of his
wife, would he go looking for witness? However the Prophet repeated his
demand for proof28
, until the angel Jibril came and revealed to the Prophet the
following verses:
(As for those who accuse their wives and have no evidence but their own, their
witness can be four declaration with oaths by Allah that they are truthful and a
fifth invoking Allah’s curse on themselves if they are lying. But the punishment
will be averted from the wife if she bears witness four times with oaths by Allah
that he is lying and a fifth oath invoking Allah’s curse on herself if he is telling the
truth)29
.
2- Al-Baraa Bin Aazib narrated that: When fasting Ramadhan had just been
prescribed, It was not permissible for someone to sleep before breaking the fast,
but if he slept before breaking the fast, he would not eat that night and the
following day till sunset.
24
Surat Al- Maidah (5:4).
25
Surat Al- A’raf (7:187).
26
Surat Al- Kahaf (18: 83).
27
Surat Twahah (20: 105).
28
Bukhari, Swahiih, Beirut, Daru Ibn Kathiir, (1987), Vol. 2, pg 949, Hadith No. 2526.
29
Surat An-Nuur (24: 6-9).

11
Qais Bin Swirmat was fasting and came to his wife at the time of breaking the
fast and asked her whether she had anything to eat. She replied: “No, but I will go
and bring some for you”. He used to do hard work during the day, so he was
overwhelmed by sleep and slept. When his wife came back she found her asleep.
At midday the following day, he fainted. The Prophet was informed about the
whole matter and the following verses were revealed30
: (You are permitted to go
to your wives for sexual relations at the night of fasting). So they were overjoyed
by it, and then Allah revealed (And eat and drink until the white thread of dawn
appears to you distinct from the black thread of the night)31
.
3- Al-Baraa Bin Aazib narrated that: When the order of compulsory fasting of
Ramadhan was revealed, it was unlawful for one to have sexual relations with his
wife for the whole month of Ramadhan. Some men cheated themselves by
violating that restriction, so Allah revealed the following32
: (Allah knows that you
used to deceive yourselves, so He turned to you and forgave you, so now have
sexual relations with them and seek that which Allah has ordained for you)33
.
4- Aisha, wife of the Prophet said that: whenever the Prophet intended to go on a
journey, he used to draw lots among his wives and take with him the one on
whom the lot fell. In one of his battles, the lot fell on me and so I proceeded with
him. I was carried on the back of a camel in my Haudaj34
till the battle was over.
When the announcement for departure was made, I got up and went far from the
Army camp to respond to a call of nature. I came back to my riding animal only to
realize that my necklace was missing, so I went to look for it where I had been. In
the meantime, people who used to carry me on my camel came and took my
Haudaj and put it on the back of the camel not knowing that I was not inside it. I
was still a young girl by then and had not put on weight. When I came back I
found the Army had left. I sat down hoping that they would realize my absence in
the Haudaj and come back but in vein. As I kept waiting, I was overwhelmed by
sleep and slept.
Swafwan Bin Al-Muattal was behind the Army trying to look for whatever had
been lost by the Army. When he reached where I was, he saw the figure of a
sleeping person and recognized me on seeing me as he had seen me before the
order of compulsory veiling was prescribed. I woke up when he said “Inna li
Llahi Wa Inna Ilaihi Raajioun” as soon as he recognized me. I veiled my face
with my head cover at once, and by Allah we did not speak a single word, and I
30
Bukhari, Swahiih, Vol.2, pg 676, Hadith No. 1816.
31
32
Bukhari, Swahiih, Vol. 4, pg 1634, Hadith No. 4238.
33
34
Haudaj is a wooden room carried by a camel.

12
did not hear him say any word besides “Inna li Llahi Wa Inna Ilaihi Raajioun”.
He dismounted from his camel and made it kneel down. I got up and mounted it,
then he set out leading the camel till we reached the Army.
When Abdullah Bin Salool, the hypocrite, saw Swafwan leading the camel on
which I was riding, he said: By God she has not escaped from him neither has he
escaped from her. He was then joined by some other people in the slander, until
Allah revealed the ten verses in Surat An- Noor in my innocence35
.
Thus Allah said: (Verily those who brought forth the slander are a group among
you. Consider it not a bad thing for you. Nay it is good for you. Unto every one of
them will be paid that which he had earned of the sin, and as for him among them
who had the greatest share therein, his will be a great torment. Why then did not
the believers, men and women, when you heard the slander think good of
themselves and say: This is an obvious lie?” Why did they not produce four
witnesses? Since they have not produced witnesses then before Allah they are the
liars. Had it not been for the grace of Allah and his mercy unto you in this world
and the hereafter, a great torment would have touched you for that whereof you
had spoken............................)36
.
Other verses were revealed to abolish some bad practices which were deeply rooted in the
society. Examples of such verses were those revealed to abolish the habit of Adoption in
Islam.
At first, Allah revealed a verse in which he made it clear that adopted sons can never
become real sons of the adopter and that much as a person can never have two hearts
inside his body, likewise a person can never have two real fathers. Thus Allah said:
(Allah has not made for any person two hearts inside his body, Neither has He made your
wives whom you declare to be like your mother’s backs your real mothers, nor has He
made your adopted sons your real sons, that is but your saying with your mouths, but
Allah says the truth and He guides to the right way)37
.
Then Allah revealed another verse in which He commanded the Muslims to stop
ascribing the adopted sons to the adopters, but should ascribe them to their real fathers.
Thus Allah said: (Call them by the names of their fathers that is more just with Allah, but
if you know not their fathers’ names, then call them your brothers in faith)38
.
The practice of adoption was practically terminated with a non-forgettable precedent in
which the prophet himself was a key player. It happened in the 5th
year after Hijra, when
35
Bukhari, Swahiih, Vol. 4, pg 1517, Hadith No. 3910
36
Surat An- Nuur (24: 11- 20).
37
Surat Al Ahzab (33:4).
38
Surat Al- Ahzab (33: 5).

13
the prophet was commanded to marry Zainab Bint Jahsh who was the wife of his adopted
son Zaid.
Zainab had accepted to marry Zaid through a proposal made by the Prophet himself on
behalf of Zaid. However life did not go well for the married couple, and whenever Zaid
complained to the prophet that his marriage was going from bad to worse, the prophet
always told him to keep his wife and fear Allah.
Allah inspired in the heart of the prophet that Zainab would be divorced and that he (the
Prophet) would marry her, something that was so hard for the prophet to face people
with.
The Prophet was very much distressed as it was against the accepted norm of behaviour
for one to marry the former wife of his adopted son. He feared social blame and was very
much ashamed and embarrassed at its implications39
. But the decision had already been
made by Allah.
Eventually Zaid divorced Zainab and the Prophet was commanded to marry her. Allah
says: ( And remember when you said to him [ Zaid Bin Harith] on whom Allah Has
bestowed grace [by guiding him to Islam] and you have done favour to him: “ Keep your
wife to yourself and fear Allah”. But you did hide to yourself [what Allah had already
made known to you that you would marry her] that which Allah will make manifest. You
did fear the people [their saying that Muhammad married the divorced wife of his
adopted son] whereas Allah had a better right that you should fear him. So when Zaid had
accomplished his desire from her [divorced her] We married her to you so that in future
there may be no difficulty to the believers in respect of the marriage of the wives of their
adopted sons when the latter have no desire to keep them [have divorced them]. And
Allah’s command must be fulfilled)40
.
The logic behind the marriage was stated in no uncertain terms when Allah said: (When
Zaid had accomplished his desire from her, We married her to you so that there may be
no difficulty to the believers in respect of the marriage of the wives of their adopted sons
when the latter have divorced them).
Allah confirmed the abolishment of adoption in more clear terms when he said:
(Muhammad has never been a father of any of your men, but he is the messenger of Allah
and the last of the prophets, and Allah is ever All- Aware of everything)41
.
When the marriage occurred some disbelievers and hypocrites started creating stories
about the Prophet (S.A.W) and Allah defended him and said: (There is no blame on the
39
Ghadanfar, M., Great women of Islam, 1st
Edn, Riyadh, Darussalam, ( 2001), pg 98.
40
Surat Al – Ahzaab (33: 37).
41
Surat Al – Ahzaab (33: 40).

14
Prophet in that which Allah Has commanded him. That has been Allah’s way with those
who have passed away of the prophets of old, and the command of Allah is a decree
determined. Those who convey the message of Allah and fear Him and fear none save
Allah. And sufficient is Allah as a reckoner)42
.
With those verses, the practice of adoption was completely abolished under Islamic law.
Other verses were revealed as consolation to the prophet and his companions for the
difficulties and persecutions they were undergoing for the cause of Islam. Such verses
narrate stories of foregone nations with their prophets and who the winner was at the end.
Examples of these verses include:
1- Verses which relate the story of prophet Ibrahiim and his people.
Allah said (And indeed we bestowed aforetime on Ibrahim his guidance, and
we were well acquainted with him. When he said to his father and his people:
“what are these things to which you are devoted?” They said: “We found our
fathers worshiping them.” He said: “Indeed, you and your fathers have been in
manifest error.” They said: “Have you brought us the truth or are you one of
those who play about?” He said: “Nay your Lord is the Lord of the heavens
and the earth, Who created them and to that I am one of the witnesses. And by
Allah, I shall plot a plan to destroy your idols after you have gone away and
turned your backs.” So he broke them to pieces except the biggest of them that
they may turn to it. They said: who has done this to our gods? He must indeed
be one of the wrong doers. They said: we heard a young man talking against
them, who is called Ibrahiim. They said: bring him before the eyes of the
people that they may testify. They asked: Are you the one who has done this to
our gods o Ibrahiim? He said: nay, this one, the biggest of them (idols) did it.
Ask them if they can speak. So they turned to themselves and said: verily you
are the wrong doers. Then they turned to Ibrahiim and said: indeed you
Ibrahiim know well that these idols speak not. Ibrahiim said to them: Do you
then worship besides Allah things that can neither profit you nor harm you?
Fie upon you and upon that which you worship besides Allah, have you then
no sense? They said: burn him and save your gods if you but do. Allah said:
“O fire, be you cool and safe for Ibrahiim”. They wanted to harm him but
Allah made them the worst loosers)43
.
2- Verses which relate the story of the King and his helpers who tortured the
believers by throwing them into ditches of fire.
Thus Allah said: (Cursed were the people of the Ditches of fire fed with fuel,
when they sat by it [fire] and they witnessed what they were doing against the
believers [i.e. burning them]. And they [the believers] had no fault except that
42
Surat Al – Ahzaab (33: 38- 39).
43
Surat Al- Anbiyaa (21: 51-70).

15
they believed in Allah, the All-Mighty, the Worthy of all Praises, to whom
belongs the dominion of the heavens and the earth! And Allah is witness over
everything. Verily those who put into trial the believing men and the believing
women [by torturing them and burning them], and then do not turn in
repentance to Allah, then they will have the torment of Hell, and they will
have the punishment of burning fire. Verily those who believe and do
righteous good deeds, for them will be Gardens under which rivers flow
[Paradise]. That is the great success)44
.
Yet other verses were revealed with no particular incidents, but as general solutions
and rules regulating the conduct of Muslim society as regards to their Creator and
their fellow men. Examples of this category include:
1- Surat Al- Fatiha. Allah says: (In the name of Allah, The most Gracious, The
most Merciful. All the praises and thanks be to Allah, The Lord of the worlds.
The most Gracious, The most Merciful. The King of the Day of Judgment.
You alone do we worship, and you alone do we ask for assistance. Guide us to
the straight path. The path of those on whom you have bestowed your Grace,
nor the path of those who earned your Anger, nor of those who went astray)45
.
2- The first verses of Surat Al- Baqarah. Allah says: (Alif – Laam – Miim. This
is the Book [ the Qur’an] whereof there is no doubt, a guidance to those who
are pious. Those who believe in the unseen and establish regular prayers and
spend out of what we have provided for them. And those who believe in that
which was revealed to you and in that which was revealed before you and
believe with certainty in the hereafter. Those are on true guidance from their
Lord, and they are the successful)46
.
3- Ayatul- Kursiyyi. Allah says: (Allah, non has the right to be worshiped but He,
The ever living, The one who sustains and protects all that exists. Neither
slumber nor sleep overtakes Him. To Him belongs whatever is in the heavens
and whatever is on the earth. Who is he that can intercede with Him except
with His permission? He knows whatever happens to them [His creatures] in
this world and what will happen to them in the hereafter. And they will never
compass anything of His knowledge except that which He wills. His Kursi
extends over the heavens and the earth, and He feels no fatigue in guarding
and preserving them. He is The most High, The most Great)47
.
44
Surat Al- Buruuj (85: 4-11).
45
Surat Al- Fatihah (1: 1- 7).
46
Surat Al- Baqarah (2: 1- 5).
47

16
The reason for this method of legislation was to achieve gradation in the enactment of
laws as this approach was more easily acceptable by Arabs who were used to complete
freedom. Thus, Allah said (And a Qur’an which we have divided into parts in order that
you [O Muhammad] might recite it to men at intervals, and we have revealed it by
stages)48
.
The method also made it easy for them to learn and understand the laws since they would
know the reason and context of the legislation49
.
It was also intended to strengthen the heart of the prophet (S.A.W). Thus, Allah says:
(and those who disbelieve say: “why is not the Qur’an revealed to him all at once?” Thus,
it is sent down in parts, that we may strengthen your heart thereby)50
.
It was also intended to prove the truthfulness of the Prophet (S.A.W). This was so
because, the Idolaters and people of the Book used to ask the prophet questions in order
to defeat him, but every time Allah would reply their queries. Thus, Allah says: (And no
example or similitude do they bring to oppose or to find fault in you or in this Qur’an but
we reveal to you the truth against that similitude or example and the better explanation
thereof)51
.
The first and last verses to be revealed in the Qur’an
The beginning of the revelation of the Qur’an was in Ramadhan in the year 610 A.D,
when the prophet was in the cave of Hira. The Angel Jibril came to him and told him to
read. The prophet replied that he did not know how to read. The Angel pressed him hard
and again told him to read. The prophet’s reply was the same as the first. This process
was continued for three times, and on the third time the Angle recited to him the
following verses: (Read in the name of your Lord who has created [all that exists]. He has
created man from a clot of blood. Read and your Lord is the Most Generous. Who has
taught [the writing] by the pen. He has taught man that which he knew not)52
.
There is a consensus among Muslim Scholars that these were the first verses of the
Qur’an to be revealed to Prophet Muhammad (S.A.W)53
.
However, there is a difference of opinion among Muslim scholars as regards to the last
verse to be revealed to the prophet (S.A.W)54
;
48
Surat Al-Isra (17:106)
49
Philips, B. The evolution of Fiqh, pg 7.
50
Surat Al- Furqaan (25: 32)
51
Surat Al-Furqaan (25: 33)
52
Surat Al- Alaq (96: 1- 5)
53
Bukhari, Swahiih, Vol 4, pg 1894, Hadith 4670.
54
See: Assais, Tariikh Al- Fiqhi Al- Islami, pg 20.

17
Some Scholars are of the view that verse (This day have I completed your religion for
you and completed my favours unto you and have chosen Islam as a religion for you)55
was the last verse to be revealed.
Others are of the view that verses of Surat Annasr (When there comes the Help of Allah
[ to you O Muhammad against your enemies] and the conquest [ of Makkah]. And you
see people enter Allah’s religion in crowds. So glorify the praises of your Lord and ask
His forgiveness. Verily He is the One who Ever accepts the repentance and Who
forgives)56
were the last verses to be revealed.
Yet others are of the view that verse: (And be afraid of the day when you shall be brought
back to Allah, then every person shall be paid what he earned and they shall not be dealt
with unjustly)57
was the last to be revealed.
The most sound opinion is the last one which states that verse ( And be afraid of the day
when you shall be brought back to Allah) was the last to be revealed; because after its
revelation the Prophet (S.A.W) lived between seven and twenty one days only58
. The
meaning of the verse also strengthens this opinion as it refers to death and the day of
resurrection.
As for Surat Annasr; it was revealed to the prophet in the days of Tashrik after he had
finished his farewell Hajj, And verse ( This day have I perfected you religion for you)
was revealed on the day of Arafah when the prophet was still in his farewell Hajj59
.
Preservation of the Qur’an
During this period, the Qur’an was preserved in two ways:
a) By memorization.
b) By compilation.
Memorization:
The prophet (S.A.W) was the first memorizer of the Qur’an.
At the beginning of the revelation, the prophet used to move his lips and tongue trying to
memorize it before even Jibril had finished reciting it to him; for fear of forgetting it,
until Allah told him to stop doing so and promised him to collect the Qur’an in his heart
55
Surat Al-Ma’idah (5: 3)
56
Surat Annasr (110: 1- 3)
57
Surat Al- Baqra (2: 281).
58
Assais, Tariikh Al- Fiqhi Al- Islami, pg 20.
59
Ibid.

18
such that he memorizes it with ease. Thus Allah said (Move not your tongue concerning
the Qur’an [oh Muhammad] to make haste therewith. It is upon us to collect it and give
you the ability to recite it and memorize it. And when we have recited it to you [through
Jibril] then follow its recitation. It is then upon us to make it clear to you)60
.
The Qur’an was revealed in a period of twenty-three years. Sometimes one verse could
be revealed at a time. Sometimes a number of verses could be revealed at once, yet at
other times a complete Surat (chapter) could be revealed, depending upon the need of the
time.
Whenever a verse or verses were revealed, the prophet would memorize it instantly, and
then the companions would follow the prophet in its memorization61
.
The Arabs had a very strong memory since most of them could not read or write. They
relied so much on their memory for the conservation of their history, their lineage and
their poetry.
Due to that background, therefore, very many companions were able to memorize the
Qur’an and the most prominent ones in this regard were62
:
The four righteous Caliphs, Talha, Abdullah bin Masoud, Huzhaifat bin Al- yamaan,
Abuhurairat, Abdullah bin Usaib, Abdullah bin Abbas, Abdullah bin Amru, Abdullah bin
Umar, Abdullah bin Azzubair, Aisha, Hafswa, Umu Salamah, Muazh bin Jabal, Ubadat
bin Aswamit, Ubayyi bin Kaab, Zaid bin Thabit, Abu Dardaa, Fudhalat bin Ubaid,
Maslamah bin Makhlad, and Majmaa bin Jariyah.
Compilation:
The prophet (S.A.W) had scribes who used to write for him the revelation. They were
chosen from prominent companions and these included63
:
Ali bin Abi Twalib, Muawiyah bin Abi Sufyan, Ubayyi bin Kaab, Zaid bin Thabit,
Almugiira bin Shubah, Azubair bin Al Awam, and Yazid bin Abi Sufyan.
Whenever a verse or verses were revealed to the prophet, he would order and guide them
in what Surat to write it.
60
Surat Al-Qiyaamah (75: 16- 19).
61
Al Qattan,M., Mabaahith Fi Ulumil- Qur’an, Riyadh, Maktabat Al-Ma’rif, (1992), pg 120.
62
Assuyuti, A., Al- Itqaan Fi Ulumil- Qur’an, Cairo, Al-Hayiat Al-Massriyah Al-A’mah Lil-Kitaab, (1974), Vol 1,
pg 72. see also: Al Qattan, Mabaahith Fi Ulumil- Qur’an, pg 120.
63
Assuyuti, Al- Itkaan fi Ulumil- Qur’an, Vol 1, pg 37. See also: Alqattani, Mabahith Fi Ulumil- Qur’an, pg 123.

19
The writing materials were not easy to acquire during that time and therefore they used to
write on backs of trees, stones, bones and hides of animals, and all those materials on
which the Qur’an was written were collected in the house of the prophet (S.A.W).
In addition to the writing of the scribes, individual companions would also voluntarily
write the verses revealed to the prophet.
The Angel Jibril used to come every year in Ramadhan and revise the Qur’an with the
prophet in the presence of a number of companions.
In the year preceding the death of the prophet, Jibril revised the whole Qur’an with the
prophet twice in the presence of a number of companions, among whom was Zaid Bin
Thabit, who was latter assigned the job of compiling the Qur’an during the period of the
righteous Caliphs64
It is important to note that, the Qur’an was not written in the order of its revelation. This
can be evidenced by the fact that the first revelation was the first five verses in Surat Al-
Alaq (Chapter 96) and the last revelation was verse 281 in Surat Al-Baqarah (Chapter 2).
Nevertheless, whenever a verse or verses were revealed, the Prophet used to guide them
as to where to write it and in which Surat.
Thus, the Prophet died when the whole Qur’an had been collected both in memory and in
writing, implying that there were two copies of it, one in memory (soft copy) and one in a
written form (hard copy)65
.
Al- Makki wa Al- Madani ( the Meccan and Medina Suras) and their characteristics
The Qur’an was revealed in 23 years, and this duration is divided into two periods
namely; the Meccan period and the Medina period.
The Meccan period
This period starts with the beginning of prophet-hood in Mecca and ends with the
prophet’s migration (Hijirah) to Medina. The Suraas (Chapters) revealed during this
period are called Al-Makki66
.
64
See details on pages……………….
65
Alqattan, Mabaahith Fi Uluumil Qur’an, pg 125.
66
Assaia, Tarikh Al- Fiqhi Al- Islami, pg.23.

20
The revelation during this period were mainly concerned with building the ideological
foundation of Islam, Eemaan (faith), in order to prepare the early band of converts for the
difficult task of practically establishing the social order of Islam. Consequently, the
following basic topics of the Meccan revelations reflect principles designed to build faith
in Allah67
.
a) Tawheed ( Allah’s Unity)
Most of the people of Mecca believed in a Supreme Being known by the name
Allah from the most ancient of times. However, they had added a host of gods
who shared some of Allah’s powers or acted as intermediaries. Accordingly,
Meccan revelations declared Allah’s unique unity and pointed out Allah’s mighty
and power. Examples of these include:
i- Surat Al-Faatihah (Chapter 1)
ii- Surat An-Naba’ (Chapter 78)
iii- Surat Al-Ikhlaas (Chapter 112)
b) Allah’s Existence
Some of the early verses presented logical arguments proving the existence of
Allah for the few Meccans who denied it. Examples of these include:
i- Surat Ibraahiim ( 14: 32- 34)
ii- Surat An-Naml (27: 60- 64)
c) Authenticity of the Qur’an
Some verses were revealed confirming the authenticity of the Qur’an and that it
was revealed by the Al-Mighty Allah and no falsehood can be attributed to it.
Examples of these include:
i- Surat As-Shu’ara’ (26: 192- 195)
ii- Surat Fusswilat (41: 41- 42)
d) Challenges
In order to prove to the pagan meccans that the Qur’an was from Allah, some of
the Meccan verses challenged the Arabs to imitate the style of the Qur’an.
Examples of these include:
i- Surat Yunus (10: 38)
ii- Surat Huud (11: 13)
iii- Surat Al-Isra’ (17: 88)
e) Prophet-hood of Muhammad (S.A.W) and his trust
Some of the Maccan verses were revealed to confirm the prophet-hood of
Muhammad and that whatever he was saying was real truth and inspiration from
Allah. Examples of these include:
i- Surat At-Tuur (52: 30- 33)
67
Philips,A., The Evolution of Fiqh, pg 8.

21
ii- Surat An-Najm (53: 1- 18)
f) The Next Life
Since there was no way for human beings to know about the next life, the Meccan
revelations vividly described its wonders, its mysteries and its horrors. Examples
of these include:
i- Surat At-Takwiir (Chapter 81)
ii- Surat Al-Ghaashiyah (Chapter 88)
iii- Surat Al- Qaari’ah (Chapter 101)
g) Stories of earlier civilizations
The Meccan verses often mentioned historical examples of earlier civilizations
which were destroyed when they denied their obligation to Allah, like the A’ad
and the Thamood, in order to warn those who rejected the message of Islam and to
teach the believers about the greatness of Allah. Examples of these include:
i- Surat Nuuh (Chapter 71)
ii- Surat Al-Buruuj (Chapter 85)
h) Swalaah (Formal Prayer)
Due to the critical relationship between Swalaah and Tawheed (Faith), Swalaah
was the only other pillar of Islam to be legislated in Mecca besides Tawheed. A
number of verses therefore, were revealed during that period, enjoining Muslims
to establish regular prayers. Examples of these include:
i- Surat Huud (11: 114)
ii- Surat Al- Isr’a (17: 78)
iii- Surat Al-Ankabuut (29: 45)
For the names of all Meccan Suras, see Appendix 1.
The Medina Period
The Hijrah (migration) of the Prophet marks the beginning of this Period and his death
marks the end of the period. All Suras revealed during this period are called Al-
Madani68
.
After the prophet’s migration to Medina and the spread of Islam there, the Muslim
community formed a state with the prophet as its leader. Thus, revelations during this
period were concerned primarily with the organization of the Muslim state.
68
Assais, Tarikh Al-Fiqh Al-Islami, pg 23.

22
It was also during this period that the majority of the social and economic laws of Shariah
were revealed. Revelations during this period also strengthened the foundations of
Eemaan and Tawheed which were established during the Meccan period. However, most
of the following basic topics of the Medina revelations concentrate on the laws necessary
for the development of an Islamic Nation69
.
a) Laws
It was during the medina period that the last three pillars of Islam were legislated,
as well as the prohibition of intoxicants, pork, gambling, and the punishment for
adultery, murder and theft were fixed.
b) Jihaad
During the Meccan period, Muslims were forbidden to take up arms against the
Meccans who were oppressing them, in order to avoid their decimation and to
develop their patience. The right to defend themselves against their enemy, as well
as rules regulating war were legislated in medina. This was after the numbers of
Muslims had drastically increased.
c) People of the Book
In Medina, Muslims came in contact with Jews for the first time and with
Christians on a large scale. Thus a number of Medina verses tackled questions
which were raised by the Jews in order to befuddle the prophet (S.A.W) and
discredit Islam. The verses also outlined laws concerning political alliances with
Christians and Jews.
d) The Munaafiqoon (Hypocrites)
Some people entered the fold of Islam without actually believing in it, but to
destroy it from within, while others entered and exited shortly thereafter; in order
to shake the faith of the believers. Consequently, some Medina verses exposed
their plots and warned against them, for example Surat Al-Munafiquun (Chapter
63).
For the names of all Medina Suras, see Appendix 11
69
Philips, The Evolution of Fiqh, pg. 10,

23
Legal content of the Qur’an
Islamic legislation in the Qur’an is comprised of a variety of acts, which have been
enjoined by Allah onto mankind.
These acts may be grouped into two basic categories with regard to the parties involved70
:
1) Dealings between Allah and man
These are the religious rites, which are not valid without correct intentions. Some
of them are purely religious forms of worship, like prayer and fasting, while others
are socio-economic forms of worship, like Zakah (compulsory charity) and yet
others are social – physical forms of worship like Hajj (pilgrimage to Makkah).
2) Dealings among men or between man and man.
The laws governing these dealings may themselves be divided into six sub-
sections relative to the subject matter of the dealings:
a) Laws ensuring and defending the propagation of Islam. These are embodied in the
codes of armed or unarmed struggle Jihaad.
b) Family Laws for the development and protection of the family structure. These
include laws concerning marriage, divorce and inheritance.
c) Commercial Laws: These are laws governing business transactions, rental
contracts etc.
d) Criminal Laws: These are laws specifying punishments and or compensations for
various crimes.
e) International laws: These are laws regulating relationship between different
Nations.
f) Administrative laws: These are laws regulating the relationship between rulers
and those ruled.
g) Laws of evidence: These are laws specifying the type of evidence required in both
criminal and civil proceedings.
70
Zaidan, A., Al-Wajiz fi Usulul fiqh, Beirut, Muassassatu Ar-Risaalah, (1987), pg 156, & Philips, The Evolution
of Fiqh, pg 11.

24
The basis of legislation in Shariah
In order for Islamic legislation to achieve its goal of reforming individual and social
behaviours of human beings, it enacted a series of legal commandments and prohibitions,
which make up the rules of conduct governing the social system of Islam. However, in
the enactment of laws, the Qur’anic revelations took into consideration the following
basic principles:
1. The removal of hardship and unnecessary burden
The system of Shariah has been revealed for man’s benefit. It provides him with
guidance in all walks of life in order to ensure for him a righteous life style within
a just society committed to the service of Allah.
Shariah laws are not meant to be a burden, creating hardship for man in order for
him to grow spiritually. They are designed to facilitate mankind’s individual and
societal needs. As such among the principles on which Shariah is based is the
removal of hardship and unnecessary burden wherever possible. Evidence to
support this can be found throughout the Qur’an. The following verses from the
Qur’an are only a few examples:
a) (Allah does not burden a soul with more than it can bear)71
.
b) (Allah intends for you ease and He does not want to make things difficult for
you)72
.
c) (Allah wishes to lighten the burden for you for man was created weak)73
.
d) (He did not make any difficulty for you in the religion)74
.
e) One of the supplications in the Qur’an reads: (Our Lord do not burden us with
what we do not have the strength to bear)75
Due to this principle, Allah has enacted along with the divine laws a variety of
legal concessions. Examples of these can be seen in the following:
71
Surat Al- Baqra (2: 286)
72
73
Surat Annisaa (4: 28)
74
Surat Al- Hajj (22: 78)
75

25
1- Allah said: (He has forbidden you dead animals, blood, the flesh of swine, and
that which is slaughtered as a sacrifice for others than Allah, but if one is
forced by dire necessity without willful disobedience nor transgressing due
limits, then there is no sin on him, for truly Allah is Oft-Forgiving, Most
Merciful)76
.
2- Allah said ( Forbidden to you are: dead animals, blood, the flesh of swine, any
animal on which Allah’s name has not been mentioned while slaughtering, any
animal that has been killed by strangling, or by violent blow, or by a headlong
fall, or by the goring of horns, and that which has been eaten by a wild animal,
unless you are able to slaughter it before its death, and that which is sacrificed
on idols… but as for him who is forced by severe hunger with no inclination to
sin, then surely Allah is Oft-Forgiving, Most Merciful)77
.
3- Allah said: (The month of Ramadhan in which was revealed the Qur’an a
guidance for mankind and clear proofs for the guidance and the criterion
between right and wrong, so whoever of you sights the crescent on the first
night of the month of Ramadhan must observe fasting that month and whoever
is ill or on a journey should compensate for the days he ate in Ramadhan )78
.
Permission to shorten and join prayers when travelling, permission for sitting
during prayer to whomever is unable to stand are all based on this principle.
The Prophet (S.A.W) who was the prime example of how Islamic Law was to be
implemented, was himself described as always choosing the easier path whenever
a choice was given to him between two possible paths, as long as the easier path
was not unlawful79
.
He was also reported to have said to some of his followers on the occasion of their
dispatchment as Governors “Make things easy for people and do not make them
difficult80
.
At another time, he had wished to make siwaak (brushing of the teeth)
compulsory at every prayer but because of the burden it would create to the
Ummah he said: "if it were not for fear of creating a burden to my Ummah I
would have ordered them to brush their teeth at every prayer"81
76
Surat Al-Baqarah (2:173)
77
Surat Al-Maidah (5:3)
78
Surat Al-Baqra (2:185)
79
Bukhari, Swahih, Vol 3, pg 1306, Hadith No. 3367, & Muslin, Swahih, Beirut, Daru Ihya’ Turaathil- Arabi,
pg1813, Hadith No. 2327.
80
Bukhari, Swahih, Vol. 1, pg 36, Hadith No. 69, And Muslim, Swahih, Vol. 3, pg. 1359, Hadith No. 1734
81
Muslim, Swahih, Vol. 1, pg 220, Hadith No. 252.

26
2. The reduction of religious obligations
A natural consequence of the previous principle is that the total number of legal
obligations should be relatively few. Accordingly, the prohibited acts and
substances in Islamic legislation are quite few in comparison to those which are
allowed. This principle can be clearly seen in the method by which the Qur’an
deals with prohibitions and permissions. In the case of prohibitions, the sub-
categories are named and listed, while in the case of permissions, a general
allowance is given due to the great number of categories included.
For example, with regard to women with whom marriage is forbidden, Allah
states:
(Prohibited to you are your mothers, your daughter, your sisters ……..)82
.
After completing the prohibited categories, Allah says:
(Except for these, all others are lawful, provided you seek them in marriage with a
dowry (Mahar) and not for fornication)83
.
Another example, which confirms this principle can be seen in the number of
hours per day man spends while praying to his God (Allah).
Despite the fact that man was purposely created to worship Allah, as Allah says; (I
never created Jin and man but to worship me)84
, but out of 24 hours a day, man is
obliged to pray 5 prayers. If the maximum time a man requires to perform one
prayer is 10 minutes including ablution, then the total amount of time required to
perform the five prayers is only 50 minutes, which is approximately one hour.
This means that out of the 24 hours, man is required to utilize only one hour for
worship and the remaining 23 hours are left for his personal requirements.
Likewise, out of the 12 months, man is obliged to fast only one month, which is
the month of Ramadhan.
Hajj was also prescribed once in one’s life time, however rich one can be, though
when he performs it more than once he is rewarded.
82
Surat Annisa (4: 23).
83
84
Surat Azhariyat (51: 56).

27
3. The realization of public welfare
Since the laws of Islam were primarily enacted for the good of all mankind,
legislative consideration is found in the giving of precedence to the general
welfare over individual benefit, and to the prevention of a greater harm over a
smaller one. This means that a bigger loss cannot be inflicted to relieve a smaller
loss or a bigger benefit cannot be sacrificed for a smaller one. Conversely, a
smaller harm can be inflicted to avoid a bigger harm or a smaller benefit can be
sacrificed for a larger benefit.
Further still, although “relieving hardship” and “promoting benefit” are both
among the prime objectives of the Shariah, the former takes precedence over the
latter.
A good example of such a principle can be found in Islam’s confirmation of plural
marriage (polygamy). Shariah limited the maximum number of wives a man with
ability can marry to four and outlined the rights and responsibilities of those
involved.
Although sharing a husband is painful to most women, the need for plural
marriage in most societies evidenced by the corruption, cheating and moral
decadence, which results from its official prohibition, demands its legislation.
Therefore, for the general welfare of both men and women, Shariah recognized
limited polygamy thereby giving precedence to the good of society over that of the
individual woman.
Zakah was also prescribed for public welfare.
4. Gradation in legislation
The legislation of Islamic laws was not revealed as a lump-some. Instead, it was
revealed gradually such that it could be adopted gradually. This is why the Qur’an
was revealed to the Prophet in a period of 23 years.
A clear example for the principle of gradation in legislation can be seen in the
prohibition of intoxicants. A number of verses were revealed concerning
intoxicants until the last stage of its prohibition.

28
In the first stage, Allah said: (They ask you about wine and gambling, say: There
is great evil in them as well as benefit to man. But the evil is greater than the
benefit)85
.
In this verse, wine was not prohibited but some people sensed that it is not good
because of the statement that (the evil in wine is greater than the benefit in it).
In the second stage, another verse was revealed in which Allah said: (O you who
believe approach not salat when you are in a drunken state until you know the
meaning of what you utter)86
.
In this verse Allah narrowed the time in which one could drink wine since prayers
like Zhuhuri, Aswir, Magrib and Isha are near each other, whereby a person
intending to perform the next prayer could not drink wine in the duration between
two prayers. The only time left for people to drink was after Isha and after Fajir,
yet the former is time for sleep and the latter is time for work.
In the last phase, all the above verses were abrogated and a final verse prohibiting
all intoxicants was revealed: thus Allah said: (O you who believe! Intoxicants,
gambling, Al-Aanswaab (idols)., Al-Azlaam are abomination of Satan hand witch,
so avoid that abomination in order that you may be successful. Verily Satan’s plan
is to incite enmity and hatred between you with intoxicants and gambling, and
divert you from remembrance of Allah and from prayer, will you not then
abstain)87
.
5. The realization of universal justice
Islamic legislation considers all humans the same with regards to their obligation
to submit to the divine laws and in their responsibility for breaking them.
The Qur’an has emphasized that the primary objective of all the prophets was the
establishment of justice on earth. Thus Allah says: ( Indeed We sent our
Messengers with clear proofs, and revealed with them the book and the scale for
mankind to keep up justice)88
.
The justice that the Qur’an commands, means being fair to yourself, by observing
Allah’s limits.
85
86
87
Surat Al- Maida (5: 90-91).
88
Surat Al- Hadiid (57: 25)

29
It means being fair to Allah by worshiping Him, seeking His help and not
associating anything with Him.
It means being fair to others and avoiding hatred and favoritism.
It means being fair in word, in bearing witness, and in judgment.
Justice is due to all people regardless of religion, or group, since by its nature
justice is absolute and cannot apply differently to different people89
.
That is why the laws mentioned in the Qur’an are all general, making no
distinction between one group and another. Here are a few verses from the many,
which confirm the principle of universal justice:
a) (Allah Has enjoined justice and righteousness)90
.
b) (Allah commands you to return your trusts to whom they are due and when you
judge between one man and another, that you judge justly)91
.
c) (O you who believe! Stand out firmly for justice as witnesses to Allah, even if it
be against yourselves or your parents or your kin, be he rich or poor, Allah is a
Better protector to both. So follow not the lusts of your heart lest you avoid
justice, and if you distort your witness or refuse to give it, verily Allah is Ever
Well Acquainted with what you do)92
.
d) (Oh you who believe, stand out firmly for Allah as witnesses to fair dealing, and
do not let the hatred of a people cause you not to be just. Be just; for it is closer to
piety and fear Allah for verily Allah is well aware of whatever you do)93
.
In the Sunnah, it was reported that a woman stole some ornament and confessed to
the crime when the case was brought before the Prophet (S.A.W). Her tribesmen
wanted to avoid the shame of having the Qur’anic punishment applied to her, so
they asked Usaamah Bin Zayd who was close to the Prophet (S.A.W) to intercede
on her behalf.
When Usaamah approached the Prophet (S.A.W), the Prophet became very angry
with him and said: “Do you dare to intercede in one of Allah’s fixed punishment?
The people before you were destroyed because they let the nobles go when they
89
Al- Qaradhawi, Islamic law in the modern world, Translated by Khalifa, A., Riyadh, King Fisal Centre for
research and Islamic studies, (1997), pg 5.
90
Surat Annahl (16: 90).
91
92
Surat Annisa (4:135)
93
Surat Al- Maida (5: 8).

30
stole, but applied Allah’s fixed punishment on the weak when they stole. By
Allah, if my own daughter, Faatimah, stole, I would cut off her hand94
.
2. The Sunnah
The Sunnah was the secondary source of legislation during this period.
Definition of Sunnah
Sunnah literally means a way, a practice, or a rule of practice95
.
Technically, however, it refers to the exemplary conduct or the model of behaviour of the
prophet in what he said, did or approved96
.
In other words, Sunnah refers to all that has been related to the Prophet (S.A.W) in terms
of his speech, action or approval97
.
The prophet’s approval refers to any occasion on which he approved of an action which
issued from his companions. He might have demonstrated his approval by silence, by
signal of satisfaction, or by openly praising and supporting the action98
.
An example of the prophet’s approval by silence occurred during the battle of Banu-
Quraidha, when the prophet said to an expedition: “Let none of you pray except in Banu-
Quraidha”. Some of the companions applied the prohibition in the literal sense and they
ended up delaying the Aswir prayer until Maghrib prayer. Others understood the prophet
to mean that they should hurry and try to reach Banu-Quraidha before the time of
Maghrib, and so they ended up performing Aswir prayer on time on their way to Banu-
Quraidha. When the prophet heard of what the two groups had done, he implicitly
approved of both groups by blaming neither99
.
An example of his spoken approval can be seen when his companion Khalid Bin Waliid
was eating the meat of a lizard that had been presented to the prophet who abstained from
eating it. Some companions asked: Is it haraam, Oh Messenger of Allah? He said: “No,
but it is not common in the land of my people and I find myself repulsed to it”100
.
94
Bukhari, Swahih, Vol. 3, pg 1282, Hadith No. 3288, And Muslim, Swahih, Vol. 3, pg 1311, Hadith No. 1688.
95
Al-Fayyumi, A. Al-Misbaah Al-Muniir, Beirut, Al-Maktabat Al-ILmiyyah, Vol.1, pg.292
96
Doi, A., Sharia the Islamic law, pg 7.
97
Assibaee,The Sunnah and its role in Islamic legislation, English Edition, Riyadh, International Islamic publishing
House (2008), pg 73
98
Ibid pg 74.
99
Bukhari, Swahih, Vol. 1, pg 321, Hadith No. 904, And Muslim, Swahih, Vol 3, pg 1391, Hadith No. 1770.
100
Bukhari, Swahih, Vol. 5, pg 2060, Hadith No. 5076, And Muslim, Swahih, Vol. 3, pg 1534, Hadith No. 1946.

31
Difference between Sunnah and Hadith
Sunnah and Hadith are often used interchangeably to refer to all that has been related to
the Prophet (S.A.W) in terms of his speech, action or approval. However, the two terms
differ in their significance.
Hadith really means a report representing an account of what happened, whereas Sunnah
means a practice or a custom. In short, therefore, the Sunnah is what was practiced and
Hadith is the record of what was practiced.
Since Sunnah refers to speeches, actions and approvals of the prophet (S.A.W) and
Hadith tells what the Sunnah was, Hadith therefore, enshrines the Sunnah101
.
This therefore, technically means that Hadith is a narration of the Sunnah.
Status of the Sunnah under Islamic Legislation
The Qur’an represented the blue print for the Islamic way of life and the Prophet’s
application of the blue print in his day-to-day life (the Sunnah) acted as a detailed
explanation of the general principles outlined in the Qur'an as well as a practical
demonstration of their application.
The Prophet (S.A.W) was assigned the job of conveying the final message of God to
humankind.
Allah said: (Oh messenger, convey what has been revealed to you from your Lord)102
.
Other than conveying the final message of God to humankind, he was also given the
responsibility of clarifying God’s intent in the message.
Allah said: (We have revealed the Qur’an to you in order that you explain to humankind
what was revealed to them)103
.
Sometimes the Prophet (S.A.W) would explain the intent of the Qur’anic text by making
a statement. At other times he would do so by an act, and yet other times he would do so
by both.
101
Qadri, A. Islamic Jurisprudence in the Modern World, Delhi, Taj Company, 1997, pg.190
102
Surat Al Maidah (5:67).
103
Surat Annahl (16: 44).

32
For example, the Qur’an commanded the believers to establish regular prayers (Swalah)
without describing how Swalah should be performed, so the Prophet (S.A.W) prayed
before his followers, then told them “Pray as you have seen me pray”104
.
He also performed Hajj and told his companions to imitate him in whatever he was doing
as he said: “Take all your hajji rituals from me”105
.
Method of legislation of the Sunnah
Like the Qur’an, the method of legislation in the Sunnah of the Prophet (S.A.W) was
according to the need of the time.
Some of the Sunnah were pronounced as answers to questions forwarded to the Prophet
(S.A.W). An example of this was when one of the Prophet’s companions asked him: Oh
messenger of Allah! We sail the seas and if we make Wudhu (ablution) with our fresh
water we will go thirsty, can we make Wudhu with seawater? He replied: “Its water is
pure and its dead (sea creatures) are Halaal (permissible) to eat”106
.
Another example was what Aisha, wife of the Prophet, narrated that: I asked the prophet
(S.A.W): “ O Messenger of Allah if I knew what night is the night of Qadr, what should I
say during it?” He said: “Say: O Allah you are Most forgiving, you love to forgive, so I
request you to forgive me”107
Others were pronounced as solutions to particular incidents.
An example of this was what Abuhurairah narrated that a man came to the prophet and
said: I am destroyed oh messenger of Allah.
The prophet asked: “What has destroyed you?” He said: I had sexual intercourse with my
wife during day in Ramadhan.
The prophet asked: “Are you able to free a slave?” The man said: No.
The prophet asked: “Can you fast two consecutive months?” The man said: No.
The prophet asked: “Can you feed sixty poor people?” The man replied: No.
A Basket of dates was brought to the prophet and he said to the man: “Give this in
charity”. The man asked: To someone poorer than us? By Allah, there is no one in this
city who is poorer than us (I and my wife). The prophet laughed until his molar teeth
could be seen and said: “Go and feed your family with it”108
.
Others were pronounced as consolations to the companions of the prophet.
104
Bukhari, Swahih, Vol.1, pg 226, Hadith No. 605.
105
Muslim, Swahih, Vol. 2, pg 943, Hadith No. 1297
106
Tirimizhi, Sunan, Beirut, Daaru Ihya’ Turaathil- Arabi, Vol.1, pg 100, Hadith No. 69 [Tirimizhi: Hasan Swahih].
107
Tirimizhi, Sunan, Vol.5, pg 534, Hadith No. 3513 [Albani: Swahih]
108
Bukhari, Swahih, Vol. 2, pg 684, Hadith No. 1834, And Muslim, Swahih, Vol.2, pg 781, Hadith No. 1111

33
An example of this type was what Khibaab Bin Aratti narrated that: We complained to
the prophet (S.A.W) who was seated in the shade of the Kaabah, of the persecutions
inflicted on us by the non believers and we said to him: Can’t you seek help for us? Can’t
you pray to Allah for us?
The Prophet said: “A believer among the nations before you would be put in a ditch that
was dug for him, and a saw would be put on his head and would be cut into pieces, yet
that torture would not make him give up his religion. His body would be combed with
iron combs which would remove his flesh from the bones and nerves, yet that would not
make him abandon his religion. By Allah, the religion of Islam will prevail till a traveler
from Sanaa to Hadhramout fears non but Allah and a wolf lest it troubles his sheep, but
you people are impatient”109
.
Yet others were pronouncements as general solutions and rules regulating the conduct of
the Muslim community with regard to their relationship with their God and with their
fellow Muslims. An example of this kind can be found in what Ibn Umar reported that
the prophet (S.A.W) enjoined Zakaatul-Fitir one Sw’a of dates or one Sw’a of wheat
(barley) upon the free and the slave, male and female, young and old of the Muslim
community, and ordered that it should be paid before people go out for Swalatul Eid110
.
Preservation of the Sunnah
The companions spared no effort in conservation of the Sunnah of the prophet and
passing it over to others with at most trust; since it explained the Quran. However, the
prophet never appointed scribes to write down the Sunnah as it was the case with the
Quran. In fact at the beginning of the revelation, he used to prevent the companions from
writing down the Sunnah.
Abu Said Al- Khudriy narrated that the prophet (S.A.W) said: “Do not write any thing
from me except the Quran and whoever had written something not the Quran should rub
it. There is no harm to tell people about me, but whoever attributes any falsehood to me
intentionally let him prepare his seat in hellfire”111
.
It should be noted, however, that the prevention was due to the fear that people might mix
up the Sunnah with the Qur’an as they had not differentiated between them at the
beginning of the revelation. However, when there was no more fear of mixing the two the
prophet allowed the companions to write112
.
109
Bukari, Swahiih, Vol 3, pg 1322, Hadith No. 3416.
110
Bukhari,Swahih, Vol. 2, pg 547, Hadith No.1432,And Muslim, Swahih, Vol. 2, pg 677, Hadith No. 984
111
Bukhari,Swahih, Vol. 1, pg 52, Hadith No.110, And Muslim, Swahih, Vol. 1, pg 10, Hadith No.3
112
Al-khini, Dirasatun Tariikhiyyah Lil- Fiqhi wa Usulih Damascus, Asharikat Al-Muttadidah, 1st
Edn (1984),
pg33.

34
This is based on what Abu Hurairah narrated that: “There was nobody who memorized
more Sunnah than me except Abdullah Bin Amru, because for him he used to write and
for me I never wrote”113
.
Abdullah Bin Amru said: “I used to write anything I heard from the prophet until the
people of Quraish discouraged me saying: You write everything you hear from the
prophet yet he is also a human being who speaks both in wrath and pleasure! Hence forth
I stopped writing. But when I narrated the story to the prophet he said: “write whatever
you hear from me for I swear by the ONE my life is in His hands, nothing comes from
me except the truth”114
.
In conclusion therefore, the Sunnah never got much attention in terms of writing as was
the case with the Qur’an. However there was much attention put on it in terms of
memorization. Thus the prophet died when his Sunnah was memorized but much of it
was not written115
.
Types of Sunnah in relation to the Qur’an
Sunnah in relation to the Qur’an is of three types116
:
a) A Sunnah that confirms a ruling mentioned in the Qur’an
Example of this type is the Sunnah which confirms the obligatory nature of prayer,
Zakah, Hajj and fasting without going into details of conditions or requisites of
those deeds.
Abdullah bin Umar narrated that the Prophet (S.A.W) said: “Islam is built upon
five pillars: to testify that none has the right to be worshiped except Allah and that
Muhammad is a messenger of Allah, to establish regular prayers, to pay Zakaah, to
fast the month of Ramadhan and to perform Hajj for whoever is able to do so”117
.
This Sunnah confirms the following Qur’anic verses:
(..And perform Swalah and pay Zakaah)118
, (O you who believe! Observing
fasting is prescribed for you as it was prescribed for those before you..)119
, (..And
Hajj to the house [Kaabah] is a duty that mankind owes to Allah, those who can
afford the expenses)120
.
b) A Sunnah that clarifies a ruling of the Qur’an
113
Bukhari, Swahih, Vol.1, pg 54, Hadith No. 113.
114
Abu Dawood, Sunan, Beirut, Daarul- Kitaabil- Arabi, Vol 3, pg 356, Hadith No.3648
115
Al-khini, Dirasatun Tariikhiyyah Lil- Fiqhi wa Usulih pg 34.
116
As- Siba’ee, The Sunnah and its role in Islamic legislation, pg. 450.
117
Bukhari, Swahih, Vol.1, pg 12, Hadith No. 8, And Muslim, Swahih, Vol. 1, pg 45, Hadith No. 16.
118
Surat Al Baqarah (2: 43)
119
Surat Al Baqarah (2: 183)
120
Surat Al Imr’an (3: 97)

35
This can be subdivided into the following:
i- A Sunnah that limits the applicability of a comprehensive Qur’anic ruling
An example of this type can be seen when Allah said: (As for the male and female
thief cut off their hands as a recompense for that which they committed..)121
. The
prophet said: “The hand is not cut for less than one quarter of a Dinar”122
.
Another example can be seen when Allah said: (O you who believe! Spend of the
good things you have legally earned and of that which we have produced from the
earth for you)123
. The prophet said: “There is no Zakaah in what is less than five
Awsuq”124
ii- A Sunnah which mentions the details of a general Qur’anic ruling.
An example of this type can be seen when Allah said: (And pay Zakaah)125
. The
Prophet said to Muazh Bin Jabal when he sent him to Yemen: “Take one Tabi or
Tabiah126
from every thirty heads of cattle and one Musinnah127
from every fourty
heads of cattle”128
.
iii- A Sunnah which mentions an exception to a general Qur’anic ruling.
An example of this type is the Sunnah which prohibits marrying a woman and her
aunt ( whether from the father’s or the mother’s side) at the same time129
. This
Sunnah mentions an exception to a general Qur’anic ruling which allows marriage
with anyone not mentioned in (5: 23-24). Thus Allah says (Forbidden to you for
marriage are your mothers, your daughters, your sisters, your brother’s
daughters……….) then He says (All others are lawful, provided you seek them in
marriage with Mahar from your property)130
. This means that all those not
mentioned in these two verses are allowed to be married. But the Sunnah makes an
exception by prohibiting marrying a woman and her Aunt at the same time.
c) A Sunnah that establishes a ruling which the Qur’an does not talk of.
An example of this is the Sunnah which establishes one-Sixth (1/6) of the estate
of the deceased as the share for the grandmother131
.
121
Surat Al- Maidah(5:38)
122
Muslim, Swahih, Vol. 3, pg 1311, Hadith No. 1684
123
124
Bukhari, Swahih, Vol. 2, pg 529, Hadith No. 1390, & Muslim, Vol. 2, pg 673, Hadith No. 979
125
126
Tabi is a Bull and Tabiah is a cow, when each one of them is one year old.
127
Musinnah is a cow which is two years old.
128
Tirimizhi, Sunan, Vol. 3, pg 19, Hadith No. 622, & Ibn Maajah, Beirut, Daarul- Fikri, Vol. 1, pg 577, Hadith No.
1804
129
Bukhari, Swahih, Vol. 5, pg 1965, Hadith No. 4820, & Muslim, Vol. 2, pg 1028, Hadith No. 1408
130
Surat An-Nisaa (5:23-24)
131
Abu Daud, Sunan, Vol. 3, pg 81, Hadith No. 2696, & Ibn Maajah, Vol. 2, pg 909, Hadith No.2724

36
Categorisation of human acts [Af’al- mukalafiina] in Shariah
From the rulings of the Qur’an and Sunnah, human acts are categorized into five
categories according to majority of scholars132
:
a) Wajib (Obligatory)
It is an act which Allah absolutely demands to be performed.
It can also be defined as an act which is rewardable for its performance and
punishable for its omission.
Examples of wajib include: observance of the five daily prayers, payment of
zakah, fasting the month of Ramadhan, obedience to Allah and His prophet,
obedience to one’s parents, maintenance of one’s children and spouse.
b) Mandub (Recommended)
It is an act whose performance is demanded by Allah in a non absolute manner.
It can also be defined as an act the performance of which man is praised and
rewarded, and the negligence of which man is neither blamed nor punished.
Examples of Mandub include: Sunan and nawafil prayers offered in addition to the
five obligatory prayers, Tarawih prayers, fasts in addition to fasting the month of
Ramadhan, reciting the Name of Allah at the beginning of ablution.
The difference between wajib and mandub is that if a man omits the former, he is
blamed and becomes a sinner, while if he omits the latter he is not blamed and
does not become a sinner133
.
c) Haraam (Forbidden)
It is an act from which, Allah demands absolute abstinence.
It can also be defined as an act which is punishable for its performance and
rewardable for its omission.
Examples of Haraam include: killing of one’s child, marrying of one’s own
mother, giving false testimony, consuming somebody’s wealth by illegal means,
committing adultery, fornication, theft and suicide.
d) Makruh (Disaproved)
It is an act from which Allah demands to refrain in a non absolute manner.
132
Al- Khudhari, Usulul- Fiqh, Beirut, Daaru Ihya’ Turaath Al- Arabi, 7th
edn, (1985), pg 33, see also: Hassan, A.
The principles of Islamic Jurispruudence, New Delhi, Adam Publishers (2005), pg 34
133
Hassan, A. The principles of Islamic Jurispruudence pg 79.

37
It can also be defined as one whose neglector is praised and whose performer is
not blamed.
Examples of Makruh include the following: omission of performing the two Rakas
which serve as greetings for the mosque (Tahiyyatul-Masjid), asking so many
questions on a clear issue, too much laughing, too much talk, to use abundant
water while performing ablution, to face the Sun or the Qibla while easing oneself,
to urinate in a crack or hole, to dip one’s hands in the water for ablution before
washing them.
e) Mubaah (Permissible)
It is an act which Allah has given man an option between performing and omitting
it without any recompense.
Examples of Mubaah include the following:
Eating and drinking; This means that every person has the choice to eat or to drink
anything of the lawful food and drinks he likes, or not to eat or drink a particular
food or drink at a particular time.
Marriage; A person is free to marry or not to marry at a given time.
Having sexual intercourse with his wife; a person is free to have sexual intercourse
with his wife or not to have it at a given time.
It should be noted however, that Mubaah can become Wajib or Mandub or
Makruh or Haraam due to change in circumstances and times134
. For example,
eating is Mubaah in general, but it becomes Makruh or Haraam if it reaches the
degree of extravagance or one becomes over satisfied to the extent of not being
able to perform an obligatory prayer. It can also become Wajib if one refrains from
food to the extent of dying of hunger.
Sexual intercourse with his wife is Mubaah, but it becomes Wajib if one refrains
from it for a period of four months in order to harm his wife
Similarly, abandonment of marriage by the entire community becomes Haraam as
it prevents procreation leading to extinction of human race.
In the like manner, every person has the right of option to choose any law ful
profession to earn a living, but it is not permissible that the entire Ummah
abandons all professions. This therefore means that different kinds of professions,
trade and industry are obligatory on a collective level.
134
Zaidan, Al-Wajiz Fi Usulul- Fiqh, pg 48.

38
Ijtihaad during this period
When we talk about Ijtihaad during this period, there are a number of issues we have to
look at:
a. Definition of Ijtihaad
Ijtihaad literally means an effort to arrive at one’s own conclusion or judgment.
In legal terms however, Ijtihaad is the process of arriving at a reasoned decision to
suit new circumstances which have no express legal provisions neither in the
Qur’an nor in the Sunnah.
b. Ijtihaad from the Prophet (S.A.W)
Although the Quran and Sunnah were the source of legislation during this period,
the prophet (S.A.W) could at times use Ijtihaad to arrive at a legal conclusion, and
at times he would permit his companions to use Ijtihaad to arrive at a legal
conclusion.
Here are some of the examples of Ijtihaad from the prophet:
i- The prophet (S.A.W) had forbidden for himself what was
lawful to him due to a benefit he thought using Ijtihaad. Allah
revealed to him this verse reprimanding him of his action (O
Prophet! Why do you forbid [ for yourself ] that which Allah
has allowed to you, seeking to please your wives? And Allah
is Oft-Forgiving, Most Merciful)135
.
ii- The prophet (S.A.W), using Ijtihaad, gave permission to
some people who brought excuses not to attend the battle of
Tabook. Allah revealed to him this verse reprimanding him
for permitting those people ( May Allah forgive you [O
Muhammad] why did you grant them leave [ for remaining
behind; you should have persisted as regards your order to
them to proceed on Jihaad], until those who told the truth
were seen by you in a clear light, and you had known the
liars?)136
.
135
Surat At- Tahrim ( 66: 1)
136
Surat At- Taubah (9: 43).

Introduction to Islamic law (2013) Dr. Sowed Juma Mayanja

Introduction to Islamic law (2013) Dr. Sowed Juma Mayanja

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