Quran As A Source of Islamic Law
Quran As A Source of Islamic Law
Answer:
Introduction:
The Holy Quran is the name of the Book consisting of those direct revelations
which were made to the Prophet Muhammad (P.B.U.H). It is the very word of
Allah. It was revealed piecemeal according to the needs of the people. Most of the
verses containing rules of law were revealed with reference to cases which arose
during the life time of the Holy Prophet (P.B.U.H.). Sometimes Allah repealed
certain previous laws and revealed others in their places which were suitable to the
needs of the society.
When two texts are really in conflict, the one earlier in date is taken to have been
repealed by the one later in date, as it cannot be conceived that Allah intended that
two inconsistent laws should be in force at the same time.
The authority to make law vest in Allah, who has the supreme legislative power in
the Islamic Law. He is the only Lawgiver. Allah revealed the laws to his
Messengers from Prophet Adam to Muhammad (P.B.U.H). During this long time
Allah changed, modified and repealed the laws according to the changing needs of
the time.
That whenever there arose a dispute over any matters, Allah repealed the verses
embodying rules of law in order to decide the cases in accordance with law. Such a
law was most suited to settle the question because Allah in His Wisdom better
knows the remedy of their ills.
There are some verses in the Quran which were revealed in order to repeal some
bad customs that existed before Islam, e.g. infanticide, gambling and unlimited
polygamy , etc. it also contain verses about social reforms like the questions of
succession and strictly in accordance with norms of Islam. It also includes the
penal laws for the purpose of maintaining peace and tranquility in the society.
These principles of law ensure the security of life and property in social life. In
Islam, law cannot be separated from justice. The goal of Islamic justice is to create
such a healthy atmosphere wherein all the fundamental rights, security of life and
property can be guaranteed.
The Quran contains general injunctions which have formed the basis of important
juristic inferences. It also contains various orders, injunctions and communications
which embody the fundamental principles regarding devotional matters and
transactions. It is the book which is a Guide to religious and temporal affairs. The
references of law are chiefly in Sura-AL-Baqra, AL-Nisa, Ale-Imran, AL-Madia,
AL-Noor, AL-Talaq, Sura-Bani Israel.
The Holy Quran is a code of conduct lying down the fundamental principles and
not the detailed provisions and duties and to decide the matters of disagreement
and dispute.
Meaning of Quran:
Quran is derived from the Arabic word Qir’at which means “to dead” “to read” “to
recite”
Definition of Quran:
Many jurists have attempted to define the Holy Quran, but they maintain that the
purpose of definition is not to grasp the nature of the Quran.
Definiti on by Al-Bazdawl:
“The Quran is the book revealed to the messenger of Allah, Muhammad (P.B.U.H)
as written in the masahif and transmitted to us from him through an authentic
continuous narration without doubt”
Attributes of the Holy Quran:
There are 55 alternative names and attributes of the Holy Quran e.g. AL-Kitab, Al-
Furqan, AL-Noor, etc.
Divisions of the Holy Quran:
The Holy Quran is divided into 30divisions called Ajza or Paras and into 114
chapters called Surah. This consists of 6666 verses. These verses divided in three
portions.
First portion: deals with religion and duties e.g. belief in one Allah, His prophets’,
day of judgments.
Kinds of verses:
The Explicit: the explicit commands are styled by Allah as apparent. These are
self-contained commandments of Allah.
The Implicit: the implicit or non-explicit are those which need explanation and
expounding.
Salient features of the Holy Quran:
Following are the salient features of the Holy Quran:
1. Unlimited
2. Comprehensive
3. Absolute
4. Unconditional
5. Dynamic
6. Organic
7. Duty of protection.
Contents of the Holy Quran:
Following are some contents of the Holy Quran:
1. Stories:
Quran narrates the stories of the past prophet and the people and the punishments
inflicted on the wicked in the past, for instance, the story of Hazrat Mussa,Hazrat
Abrahim,Hazrat Iesa,Hazrat Yousaf, and the people of cave etc.
2. Seen or unseen:
The Holy Quran lets us know about the seen and unseen Allah, the angles, and the
life after death, day of judgments, paradise and hell and so forth.
3. Create of universe:
The Holy Quran gives account of the heaven, earth and of man himself.
4. Code of life:
The Holy Quran is a complete code of behaviors’ good, injunctions and the
teaching in regards to social, lawful, economic, and political matters.
Hukam Taklifi:
The term taklif indicates the presence of difficulty in any act. Hukam-e-taklifi is a
hukam which demands from human being to do a particular act in a specific way.
Following are the classifications of act:
Hukam Wadi:
The aim of hukam wadi is to either inform a subject that certain thing is a cause of
condition for or obstacle to a hukam or is to explain the relationship that exists
between two rules or to provide the criterion for judging whether an act perform is
valid or not.
Category of law revealed:
Most of the verses containing rule of law were revealed with reference to the cases
which arose during the life time of the Holy Prophet (P.B.U.H.). These may be
categorized as under:
Verses affecting social reforms; verses which affect social reforms like share of
woman, setting the questions of succession and inheritance on equitable basis.
Verses providing rights: verses providing protection for the rights of minor and
other persons under disability.
Legislative functions of Quran:
Holy Quran deals with both civil and criminal laws.
AL-MADIA:1
AN-NISA:3
AL-NOOR: 32
AN-NISA:4
Islam give right to a women get khula. In this regard following verse
is revealed.
AL-BAQARA:128
AL-BAQARA:232
AN-NISA: 7
AN-NISA: 11
AN-NISA: 12
AL-AN’AM: 15
AL-MA’IDAH: 38
AL-NOOR: 2
An-Nisa- 35
Al-Maidha: 8
Abrogation by Holy Quran:
Abrogated or mansookh verses are particular verses that were overtaken by verses
revealed at a later date, the nasikh verses. The Holy Quran says,
Verses about how to recite Holy Quran:
This verse confirms the concept of nasikh and mansookh in the Holy Quran. An
example of nasikh and mansookh is given in two verses in the same surah relating
to prayer.
Al-Muzammil: 73.1-5
At the end of the same surah is a long verse that provides these details more
clearly.
Al-Muzammil: 73-20
Here, the prophet Muhammad and his followers are advised more definitely to be
moderate in the time they devote to prayer at night. Rather than making this prayer
a hardship by prolonging it, they are advised not to recite more pf the Quran then is
easy for them.
Tafseer ul Quran:
Meaning of tafseer:
The word tafseer comes from fassara; which means, to explain, to expound,
to elucidate, to interpret. This word is meant for the explanation or
interpretation of the verses of Holy Quran.
Kindsof tafseer.
Tafseer ul Quran bil Quran: it means that Quran itself explain its laws.
Sometime the Quran not mentioned the exception or rules in earlier verse
but mention in later.
Al-Maidha-1
Here, the exceptions named are not directly listed. It is mentioned in later.
Al-Maidha:3
This very full list clarifies exactly the exception to which the earlier verse
refers.
“The bartering of gold for gold is Riba, except if it is from hand to hand and
equal in amount, the wheat grain for wheat grain is Riba,expect if it is from
hand to hand and equal in amount.”
This Hadith confirms the concept of Riba in Islam.
Some taseefrs:
There are some tafassir of the Holy Quran by different school of thought.
Qualities of a mufassir:
2. He must be expert in Arabic grammar and the manner in which the
language is used, the science of recitation.
Quran and Hadith work together:
The Quran is first source and hadith is second source of Islamic law. The clear
Quranic teachings are followed without question. Where Quranic is not clear, the
hadith make clear.
For example
(AL-Bukhari)
“The bartering of gold for gold is Riba, except if it is from hand to hand and equal
in amount, the wheat grain for wheat grain is Riba,expect if it is from hand to hand
and equal in amount.”
AL-MA’IDAH: 38
“Pilgrimage thereto is a duty men owe to Allah, those who can afford the journey”
Full method of Hajj is not mentioned in Quran. Sunnah of Prophet explain its
performance, as it is said.
Ibn-Umar reported:
Quran control and regulates other sources of Islamic laws:
The Holy Quran is primary source of Islamic Law. Quran control and regulate
other sources of Islamic Law. The importance of other sources is prescribed by the
Quran in its various verses. There are some Quranic verses which explain the
importance of other Islamic laws like sunnah, ijma, qiyas, and ijtihad.
Sunnah:
Sunnah is the second primary source of Islamic law. It is the words and deeds of
the Holy Prophet (PBUH).Quran through light, Sunnah is an important source of
law. In Quran Allah says:
AL-NISA: 59
The Holy Prophet is speaking the words of Allah; it is specified in surah Al-Najm:
Al-Najm: 3
Ijma:
Ijma means determination and consensus or the collection of several things or way
of believers. The society which was established by the Holy Quran and the Sunnah
has not died away, it is a living society. It is the third important source of Islamic
Law. For this reason, Allah gave sanction to the consensus of the muslim.
“O ye who believe
Qiyas:
The forth important source of Islamic law is Qiyas or analogy. In its literal sense
Qiyas means comparing. There are some verses quoted in favour of the arguments:
Ijtehad:
Ijtihad is the next source of Islamic Law. It means striving to the utmost to
discover the law from the text through all possible means of interpretation. The
importance of Ijtihad as a source of all is proved by the verses of the Holy Quran.
Criticism of the orientalist view that Quran has no Legal
Potentials:
It is misleading to say that the Quran has no legal potentials. This conception is the
result of the biased minds of the Western world. It is a prejudice against Islam
which compels Orientalists study the Quran honestly and impartially, they can
realize that it is dynamic force. It is not like stagnant water. It is as fresh and
potent as anything. The Quran is not meant for a limited time but for all times to
come. The legal principles and ducats of the Quran have the inherent capacity for
development. They are not rigid. There can be no change in the substance, but is
has the elasticity in its interpretation and extension of application accordingly.
The Holy Quran provides the principles and avoids details. Allah who is the
Lawgiver, revealed the law to His Messengers from Adam to Muhammad (PBUH).
He changed, modified and repealed the laws according to the needs of the society.
At present the law is in its complete form in the Holy Quran. There is no defect or
flaw in it. The law is through and exhaustive. In other words Quran is a complete
finality on the question of law.
The Islamic Law is complete in its entirety. Now, it requires no amendments and
change. At the same time, there is no rigidity in it. It can be interpreted and safely
applied to every set of circumstances which may crop up in any age, country or
society. It is endowed with the quality of adaptability.
Position in Pakistan:
Pakistan is an Islamic state and since the creation of Pakistan, attempts have been
made at different times to modify the existing laws in the light of the Holy Quran
and Sunnah.
“All existing laws shall be brought in conformity with the injunctions of Islam as
laid down in the Holy Quran and Sunnah”
Constitutional status of the Holy Quran:
In the west constitutional law is called the supreme law of the land. In Islamic
jurisprudence Quran is the constitutional law. It has all those features which
modern constitutions have. The Quran provides all norms and the principles for
statehood.
Conclusion:
The Holy Quran, last revealed book by Allah on Muhammad (PBUH) is the
foundation of our religion and the fountain of Islamic laws.it is a complete book
for the guidance of mankind. It is addressed to the entire humanity without any
limitation of race, region, and time. It guides the man in all spheres of life-spiritual,
temporal, individual and collective. It is the very first source of Islamic law. In
Quran Allah says:
AL-NISA: 59
Al-Najm: 3
The Arabic words of the Holy Quran as well as their meanings are both revealed,
thus no translation or tafseer can be become part of the Holy Quran.
The Quran is transmitted to us by way of Tawatur. The Ijaz of the Holy Quran is
that the human beings are unable to imitate it or to bring about something similar
to it.
1. Fundamental
2. Allegorical
Quranic reference:
AL-IMRAN: 7
References
Ø The holy Quran
Ø Constitution of Pakistan
Abbasi
Ø Mulla’s Muhammadan law BY Mian Khurshed Ahmed