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230302P - THE PRIMARY SOURCES OF LAW: QUR’AN AND SUNNAH

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Remarks at the launching of the launch of the online course on Alqur’an and sunnah at the International Islamic University Malaysia on March 2, 2023 8.30pm Malaysia time by Professor Omar Hasan Kasule MB ChB (MUK), MPH (Harvard), DrPH (Harvard) Chairman of Human Ethics and Research Ethics at the King Abdullah bin Abdulaziz University Hospital Riyadh


Definition of the Qur’an

  • The Qur'an is 'Allah’s words revealed to Muhammad (PBUH) in Arabic
  • Transmitted to us in continuity
  • Written in the mashaf
  • Its recitation is worship
  • Commencing with surat al fatihat and ending with surat al nas.

Revelation and preservation of the Qur’an
  • Verses of the Qur’an were revealed adhoc each associated with sabab al nuzuul.
  • Memorized and also written down immediately.
  • Abubakar collected the written records
  • Othman issued one official version in the Quraishi dialect that is used all over the world.

Characteristics of the Qur’an
  • The Qur’an is practical, rational, and miraculous.
  • Three themes of the Qur’an: aqidat, spiritual refinement, and practical guidance.
  • Legal rulings, ayat al ahkaam, are a minority of its more than 6000 verses being distributed munakahaat 70, mu'amalat 70, jinayaat 30, iqtisaad 10 verses, qadha 13 verses, government 10 verses, and international law 25 verses.
  • The Qur’an is comprehensive and complete but deals with issues in a generic and not specific way.

Qur’an and the law
  • Verses are muhkamat or mutashabihat.
  • Qur’an challenges the intellect does not indoctrinate, and gives room for opposing views.
  • Qur'anic evidence for legal rulings is either qatui, or dhanni.
  • The Qur'an is the primary source of law. All other recognized sources are secondary to the Qur'an and are validated by it.

Definition of sunnat
  • Sunnat, a subgroup of hadith and part of wahy, is defined as words, actions, and tacit agreement of the Prophet.
  • A hadith consists of a sanad, and matn.
  • It can be hadith nabawi or hadith qudsi.

Collection and transmission of hadith
  • Writing of hadith systematically started late to avoid confusion with Qur’an.
  • Hadith collections are classified as sihaah, sunan, masanid, and muwatta’at.

Reporting of hadith
  • Hadith is described as mutawatir if narrated by many
  • Mmash'hur if reported by at least 2
  • Aahaad is reported by only 1 sahabi.

Grades of hadith
  • Sahiih, jayyid, and hasan.
  • Muttafaq ‘alayhi is reported by both Bukhari and Muslims.
  • Musnad has a chain of narrators to the prophet.
  • Muttasil has an unbroken chain of narrators.
  • The sanad stops at a sahabi in mawquf and at a tabi’e in a marfu’u hadith.
  • In mursal the tabi’e reports directly from the prophet.
  • Munqati’u has an incomplete sanad.
  • Dha’if lacks the attributes of the sahiih and hasan.

Role of Sunnat in Legislation
  • Sunnat can affirm, explain, or elaborate on the Qur'an or bring up matters not mentioned in the Qur’an.
  • Obedience of the prophet implies following his sunnat.
  • The sunnat comes second to the Qur'an as a source of law.
  • The daliil of the sunnat may be definitive, qatai, or probable, dhanni.
  • The sunnat is interpreted in the light of general principles of the Qur'an, the social situation in the prophetic era, and the Arabic language.

Qur’an and sunnat are ahead and not behind us
  • The 2 sources of the law are not legacy (turath)
  • The sources of law anticipate and solve future problems
  • Muslims’ understanding is usually behind
  • Islamic reform is going ahead and not backward

Ethics of Artificial Intelligence
  • AI can diagnose diseases, pass examinations, write poetry, drive cars
  • AI can be programmed to have some human-like behaviors like compassion
  • Who is responsible for the mistakes of AI?
  • Machines can produce goods without human input: is that riba?
  • AI and the concept of taskhiir.