CHAPTER ONE:

 1. INTRODUCTION

Islamic Jurisprodence has provided us with certain principles recorgnized by the Qur’an and Sunnah to interpret the law in a changing society Qiyas in one of this principles it is based on this that this research will discuss the meaning, types, development, usage and importance of qiyas by consulting the Qur’an, Sunnah and work of the scholars both classical and contemporary on this source of law.

1.1 GENERAL SURVEY ON SOURCES OF ISLAMIC LAW

The sources of Islamic Law (Shari’ah) comprise of (1) the Qur’an (2) Sunnah (Prophetic Tradition) (3) Ijma’ (Consensus of Opinion) (4) Qiyas (Analogical deduction (5) Istihsan (Equity in Islamic Law) (6) Masalih al-Mursalah (Consideration of public interest) (7) Sadd al-zara’i (Blocking the means) (8) Urf (Customs) (9) Fatwa Sahabi (The verdict of a companion) (10) Shar’u man-qablana (revealed laws preceding the laws before our generation) and (11) Istishab (Presumption of continuity)(1). The Muslim jurists unanimously agree that the Qur’an is a permanent proof of the prophethood of the Prophet (Peace be upon him), the most authoritative guide for Muslims and the first source of Islamic Law. Some even go as far as saying that it is the sole source of Islamic Law, that all other sources are explanatory to it. Some even consider it to be the only source and no more. However, this idea is a misconception, which needs to be corrected. This chapter is an exposition of these sources.

1.1.1 The Qur’an

Qur’an is the Book containing the speech of God revealed to the Prophet Muhammad (PBUH.) through Angel Jibril in Arabic, and transmitted to us by continuous testimony or tawatur 2. The revelation of the Holy Qur’an began with Suratul Alaq (Qur’an 96 verses 1-5) where Allah said: “Read! In the name of your Lord who has created (all that exists). He has created man from a clot (a piece of thick coagulated blood). Read! And your Lord is the Most Generous. Who has taught (the writing) by the pen. He has taught man what he knew not”, and the revelation ended with the verse in Suratu Al-mai’dah (Qur’an 5 verse 3) where Allah said: “I have perfected your religion for you, completed My favour upon you, and have chosen for you Islam as your religion”. But some are of the opinion that the last verse revealed is in suratu-alBaqarah. 3 Q2:281. “And be afraid of the day when you shall be brought back to Allah. Then every person shall be paid what he earned, and shall not be dealt with unjustly”. The two opinions are saying the same thing, because the last verse revealed on legislation is the former, while the one revealed, as the last is the latter.

There are 114 Suras and 62354 verses of unequal length in the Qur’an. The Qur’an consists of manifest revelation (wahyul zahir) which is defined as communication from Allah to the Prophet Muhammad (P.B.U.H.), conveyed by the Angel Jibril in the very words of Allah. Manifest revelation differs from internal revelation (wahyul-Batin) in that, the latter consists of the inspiration (Ilham) of precept only: Allah inspired the Prophet and the latter conveyed the message in his own words 5.

The Qur’an was revealed in pure and clear Arabic language, as testified by Allah in Q43:3 where He said: “We have made it a Qur’an in Arabic that you may be able to understand”. Although the Ulama (Islamic scholars) are in agreement that words of non-Arabic origin occur in the Qur’an, they are, nevertheless, words, which were admitted and integrated into the language of the Arabs before the revelation of the Qur’an 6. Here are some examples: words such as Qistas (Scales) occurring in Surah al-Isra: 17:35, Ghassal (intense cold) in Surah alNaba’i: 7:25 and Sijjil (baked clay) in Surah Al Hijr 15:74; these have Greek, Turkish and Persian origins respectively 7. But not a phrase or a sentence of non-Arabic origin occurs in the Qur’an.The Prophet (P.B.U.H) memorized the whole Qur’an, and so did some of his companions among which are: Zaid bin Al-Harith, Ubai bin Ka’ab, Mu’az bin Jabal, Ali bin Abi Talib and many others8.

The Qur’an was revealed in piece-meal over a period of twenty- three years in relation to particular events 9. The Qur’an explains the rationale of gradualness (tanjim) in its revelation in Q25:32 where Allah said: “And those who disbelieves say: ‘Why is not the Qur’an revealed to him all at once?’ Thus (it is send down in parts), that we may strengthen your heart thereby. And we have revealed it to you gradually, in stages. The gradualness in the revelation of the Qur’an according to the above quoted verse, afforded the believers the opportunity to reflect over it and to retain it in their memories. Furthermore, in view of the wide spread illiteracy of the Arabs at the time, had the Qur’an been revealed all at once, they would have found ir difficult to understand. The Qur’anic legislation concerning matters which touched the lives of the people was therefore not imposed all at once. The prohibition of the consumption of alcohol is an interesting example of the Qur’anic gradual method in legislation. Consumption of alcohol was apparently subject to no restriction in the early years. Later, the following Qur’anic verses was revealed in form of moral advice 10. Allah said: “They ask you (O Muhammad ‘P.B.U.H’) concerning alcoholic drink and gambling. Say: ‘In them is a great sin and (some) benefits for men, but the sin of them is greater than their benefit’ (Qur’an 2:219).

Then, praying while under the influence of intoxication as a result of drinking alcohol was prohibited. Allah said: “O you who believe! Approach not as-salat (the prayer) when you are in a drunken state until you know (the meaning) of what you utter 11. At last, total ban on wine

drinking was imposed, where Allah said: “O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and Al-Ansab, and Al-Azlam (arrows for seeking luck or decision) are an abomination, Satan’s handwork. So avoid (strictly all) that (abomination) in order that you may be successful 12.

Both alcohol and gambling were declared to be works of the devil, and are prohibited.

During the Prophet’s lifetime, the Qur’an was not only preserved in memories but also in inscriptions on such available materials as flat stones, wood and bones 13. The first Caliph, Abubakar (R.A) collected the Qur’an after the battle of Yamamah, where Muslims lost over seventy memorizers of the Qur’an 14. Zaid bin Thabit, the scribe of the Prophet, was employed in the task of compiling the text, which he accomplished between the eleventh and fourteenth Hijrah. The third Caliph Uthman bin Affan (R.A) once again utilized the services of Zayd bin Thabit, Abdullahi bin Zubair, Sa’id bin Abbas and Abdur-Rahman bin Al-Harith to verify the accuracy of the text and compiled it in a single volume.