Kur'an-ı Kerim Tefsiri Temelinde Evrensel Hukukun Kur'anî Prensipleri

Abstract

Islamic study of law is based on the four sources of law. The Quran is the primary source of Islamic law. The Sunnah or the life of Prophet Muhammad (Peace be upon Hım) is the secondary source of Islamic law. The Quranic states, Indeed in the Messenger of Allah (Muhammad PBUH) you have a good example to follow (Quran Al Ahzab 33:21). The Ijtihad (reasoning) and Ijma (consensus of the juristic opinions) are the tertiary sources of Islamic Law. The Mujtahid (Islamic jurist) distills the legal principles that govern Islamic law to form their reasoning and reach a consensus for legal matters at hand. The Islamic Jurists study the Quran to draw their frame of reference for the fundamental precepts of social, ethical and moral principles. This is called the Tafsir or the exegesis of the Quran. The Prophet’s (PBUH)Sunnah is studied under the principles of Ilm Ul Hadith or the Science of Hadith. Ilum Ul Hadith follows the authenticity principle or Nas. The Islamic jurists study the chain of references of any hadith to establish its Nas for the purposes of any legal texts.The Islamic law that has emerged through the doctrine of Ijtihad is heavily influenced by of the scholarly efforts and the credibility of the Mujtahids. Mujtahids are followed for their Islamic legal judgments through the principles of Taqleed (following). Ijmah is the settled case-law of Islamic Jurisprudence. Ijmah exists as the extension of the Timeless Law of the Creator due to its time-distance interpretations relevant to the legal problem of contemporary times. It is settled Case Law in Islamic Jurisprudence that the doctrines of Islamic Law remain constant while the science of interpretation is according to the relevance of the time. The reason is the time-distance from the initial revelations of the Quran which offers Universally applicable principles of law that are relevant through all times. This paper attempts to study the underlying principles of the exegesis of the Quran to under the body of law which emerged from the exegesis based on its nature of Universal applicability. The basis for our study is the seminal works of al-Sadr, Falsafatuna and Iqtisaduna. Al-Sadr’s Falsafatuna has deep influences from Ibn Khaldun’s social dimensions of Qurans exegesis and the Universal nature of the Islamic Law based on its primary source of Quran.