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Nov 1, 2007

Quran and Sunnah as sources of law

Federation
The first concept of federation and constitution was presented by Hazrat Muhammad (PBUH) .When He built an Islamic state in Madina and formalized a constitution in form of Madina declaration (misaq-e-madina) . it was for the first time in history when a constitution had formalized to a state.

Constitution
The question arises what is constitution? The simple answer is a constitution is a social contract. So we can say a social contract has been made by hazrat Muhammad (PBUH).
It is a concept of legislation body of has a privileged status but this concept also has been adopted from Islamic history as in madina contract hazrat Muhammad (PBUH) said that this place (Madina) is a sacred place.

Denying political dominance
“firoun” was a symbol of political dominance in history. But besides of a big empire created by a man, Allah do not like unequal status among human being and made him a symbol of lesson. It gives us a lesson that we should not give anyone a priority while making laws, and no one should have political dominance, all peoples should have equal political status in a society.

In a hadees mubarakah a person asked to hazrat Muhammad (PBUH) which is the biggest blessing of God? hazoor replied Toba (forgiveness) is the biggest blessing of God.

Which shows us the universal message of peace presented by Islam. What does mean by Toba ? It means to come back with humbleness. If we look at this message in contemporary perspective and if the principle applied to world. All the problems and wars will come to an end when everyone realizes one’s mistake and seek pardon to deprived peoples and nations.

Denying dominance over productive reserves or resources
Islam also restricts us, while making any law, to avoid the dominance over financial assets or resources of production. Islam presents “Qaroon” as a symbol of financial dominance.
The whole battles and controversies in a society and even in the world take place because of the race to dominate over financial assets and reserves. Islam gives a florescent concept to avoid such race and do not make such laws that gathers financial assets and reserves to a single person or to a body of various persons.


Do not argue to make unjust laws
Islam gives us a complete code of life. Quran present “haman” as a symbol of argument for unjust laws, that effect directly to those who are weak or poor.
Allah says “He will give government to those who are weak and deprived on earth”
*{please read Madina declaration}

It is because to give an equal status to all humans. Islam present three symbols of dominance and tells us that how Allah eliminate unjust and unequal status from earth.

Supremacy of Law:-
Quran uses a terminology of Muttaqi. Some defined it as muttaqi is who fears to ALLAH. This is not the right definition. Allah is not to fear His creatures (peoples) but to love to human beings. He loves humans more than the love of seventy mothers then why He will burn peoples into dozzah? Allah say, “My sunnah do not change”
The concepts of Dozzah and Jannat are His laws and He does not change his laws.


It is His blessing to us that He told us about Jannat and Dozzah If He do not tell us about these things and we will have to face them then what can we do? Now it is upto us that we do not do such things that we will have to face His anger and punishment.

By these points we can understand the importance of law in Islam that Almighty Allah Himself does not break His own laws though He is the sovereign and has all powers and rights to do so.


Consent:- Islam gives a concept of concent which is called as “shurrah” . Allah says, do as the decision made by “momneen” the holy peoples.

Concept of peace in Islam:- when hazrat Ibrahim (A.S) passed all the exams by Allah the Ibrahim (AS) prays to God that make this land (the world) a place of peace. Also that send a messenger of Your from my children. Here Islam gives a very cleat message of peace to the world.
Moreover the islam also declared four months of Islamic calendar as holy months and restricts it’s followers to fight “battle”. (Moharam, Rajab, Zequad, Ramzan)

Concept of trade:-
Allah says,”spread in the world and seek for (Rizq) trade.”

Philosophy of history:-
Then says, “think why the previous peoples destroyed” so at first the philosophy of history also given by Quran.