Qabeelat Tayybah2. Dealings among Mena. Laws ensuring and defending the propagation (Daw’ah) <strong>of</strong> <strong>Islam</strong> (Jihad)b. Family lawsc. Trade lawsd. Criminal laws and the judiciary system♌ Food for Thought!Hmm! What about the different translations <strong>of</strong> the Qur’an, can they be a reliable source <strong>of</strong> legislation? No, translations are not considered the Qur’an so they cannot be sources <strong>of</strong> legislation.How about different Qira’at (recitations <strong>of</strong> the Qur’an), are they also a source <strong>of</strong> legislation? Yes, the different Qira’at can be considered a source <strong>of</strong> legislation because it is still the Qur’an. The Makki and Madani“ "Ibn Mas’ood stated: “I swear by the one with whom there is no partner, there is no Ayah in theQur’an that I don’t know when it was revealed and where” (alBukhari).1. Definition• The time <strong>of</strong> revelation with respect to the Hijrah (no matter the location).• The majority <strong>of</strong> ayaat in a particular Surah determine whether it is categorized as Makki orMadani.2. Importance to the enactment <strong>of</strong> law• Teaches us about the gradual enactment <strong>of</strong> the law.Example: the prohibition <strong>of</strong> alcohol.• Teaches us about the historical background surrounding certain laws (context/historicalbackground <strong>of</strong> the revelation).• The rules <strong>of</strong> abrogation- the rules revealed in Madinah take precedence over those revealed inMakkah.3. General characteristics• Makki: brief guidelines, fundamentals <strong>of</strong> aqeedah, establish the foundation for laws <strong>of</strong> morality.The ayaat are very short in length and are very sharp.• Madani: long, detailed ayaat regarding explanations <strong>of</strong> the law. The Basis <strong>of</strong> Legislation in the Qur’an• Brevity <strong>of</strong> the LawEnacting general codes, not detailed provisions <strong>of</strong> the law.• The removal <strong>of</strong> difficulty<strong>Islam</strong>ic law was made for the benefit <strong>of</strong> mankind. TCE Notes Revolution 22
Qabeelat Tayybah“Allah burdens not a person beyond his scope. He gets reward for that (good) which he has earned,and he is punished for that (evil) which he has earned. "Our Lord! Punish us not if we forget or fallinto error, our Lord! Lay not on us a burden like that which You did lay on those before us (Jews andChristians); our Lord! Put not on us a burden greater than we have strength to bear. Pardon us andgrant us Forgiveness. Have mercy on us. You are our Maulв (Patron, Suppor-ter and Protector, etc.)and give us victory over the disbelieving people” (alQur’an 2:286). Example: shortening and combining prayers while traveling. Concessionary laws (Rukhsa): Tayammum is an alternative means <strong>of</strong> purifying oneself for salahif water cannot be used.• The reduction <strong>of</strong> religious dutiesThe haraam is very few while the halaal is uncountable. Most <strong>of</strong> what we enjoy in this life is halaal. Example: The reduction <strong>of</strong> the number <strong>of</strong> daily prayers from 50 to 5:Abu Dhar narrated: Allah's Apostle said, "While I was at Mecca the ro<strong>of</strong> <strong>of</strong> my house was openedand Gabriel descended, opened my chest, and washed it with Zam-zam water. Then he brought agolden tray full <strong>of</strong> wisdom and faith and having poured its contents into my chest, he closed it. Thenhe took my hand and ascended with me to the nearest heaven, when I reached the nearest heaven,Gabriel said to the gatekeeper <strong>of</strong> the heaven, 'Open (the gate).' The gatekeeper asked, 'Who is it?'Gabriel answered: 'Gabriel.' He asked, 'Is there anyone with you?' Gabriel replied, 'Yes, MuhammadI is with me.' He asked, 'Has he been called?' Gabriel said, 'Yes.' So the gate was opened and we wentover the nearest heaven and there we saw a man sitting with some people on his right and some on hisleft. When he looked towards his right, he laughed and when he looked toward his left he wept. Thenhe said, 'Welcome! O pious Prophet and pious son.' I asked Gabriel, 'Who is he?' He replied, 'He isAdam and the people on his right and left are the souls <strong>of</strong> his <strong>of</strong>fspring. Those on his right are thepeople <strong>of</strong> Paradise and those on his left are the people <strong>of</strong> Hell and when he looks towards his right helaughs and when he looks towards his left he weeps.' Then he ascended with me till he reached thesecond heaven and he (Gabriel) said to its gatekeeper, 'Open (the gate).' The gatekeeper said to himthe same as the gatekeeper <strong>of</strong> the first heaven had said and he opened the gate. Anas said: "Abu Dharadded that the Prophet met Adam, Idris, Moses, Jesus and Abraham, he (Abu Dhar) did not mentionon which heaven they were but he mentioned that he (the Prophet ) met Adarn on the nearest heavenand Abraham on the sixth heaven. Anas said, "When Gabriel along with the Prophet passed by Idris,the latter said, 'Welcome! O pious Prophet and pious brother.' The Prophet asked, 'Who is he?'Gabriel replied, 'He is Idris." The Prophet added, "I passed by Moses and he said, 'Welcome! O piousProphet and pious brother.' I asked Gabriel, 'Who is he?' Gabriel replied, 'He is Moses.' Then Ipassed by Jesus and he said, 'Welcome! O pious brother and pious Prophet.' I asked, 'Who is he?'Gabriel replied, 'He is Jesus. Then I passed by Abraham and he said, 'Welcome! O pious Prophet andpious son.' I asked Gabriel, 'Who is he?' Gabriel replied, 'He is Abraham. The Prophet added, 'ThenGabriel ascended with me to a place where I heard the creaking <strong>of</strong> the pens." Ibn Hazm and Anas binMalik said: The Prophet said, "Then Allah enjoined fifty prayers on my followers when I returnedwith this order <strong>of</strong> Allah, I passed by Moses who asked me, 'What has Allah enjoined on yourfollowers?' I replied, 'He has enjoined fifty prayers on them.' Moses said, 'Go back to your Lord (andappeal for reduction) for your followers will not be able to bear it.' (So I went back to Allah andrequested for reduction) and He reduced it to half. When I passed by Moses again and informed himabout it, he said, 'Go back to your Lord as your followers will not be able to bear it.' So I returned toAllah and requested for further reduction and half <strong>of</strong> it was reduced. I again passed by Moses and hesaid to me: 'Return to your Lord, for your followers will not be able to bear it. So I returned to AllahTCE Notes Revolution 23