Holy Quran As A Source Of Law
Introduction:
The Holy Quran is the primary source of law along with hadith, which is considered next to Quran as a source of law. The Holy Quran is the book consisting of those direct revelations which were made to the Holy Prophet (PBUH). Quran does not contain law in a codified form but covers all aspects of human action, prayer moral and legal aspects of law. Most of the verses of Holy Quran containing rules of law were revealed with reference to cases which arose during the lifetime of the Holy Prophet (PBUH).
Meaning and Definition:
The term “Quran” is derived from the Arabic Word “Qura’a”. The term Quran is used in two meanings.
- As participle (to read), and
- As an objective (a thing which is read)
Both these meanings technically are attributed to the Quran.
Definition:
“The Holy Quran is the name of the book consisting of those direct revelations which were made to the Holy Prophet (PBUH) in every words of Allah.”
Revelations:
The Holy Quran was revealed piece meal in twenty-three years according to needs of the peoples. Eighty-six (86) Surahs were revealed in Makkah, so that these Surahs were called Makkahi and twenty-eight (28) Surahs were revealed in Medina, so that these Surahs were called Madani.
Kinds of Verses:
Quran contains two kinds of verses, both of which are fundamental components of Holy Book, and both of which must be accepted.
1. Muhakamat:
It refers to the verses of the Quran that are clear and precise in meaning.
Examples:
Quran says, “O ye who believe when we deal with each other in transactions involving future obligations in a fixed period of time reduce them to writing.”
2. Mutashabihat:
These are verses of Quran which meaning is not known, not clear or not completely agreed upon, but open to two or more interpretations.
Examples:
Verses concerning the attributes of Allah, the true nature of resurrection, life and death etc.
Contents of the Holy Quran:
a. Creation of Universe.
b. Stories of other nations and Prophets.
c. Prophesies.
d. Seen and Unseen. (like, Allah, the angels, the life after death etc.)
e. Code of Life
f. Direct Laws
Primary Source of Islamic Law:
The entire Ummah agreed that the Holy Quran is the primary source for Islamic Law and all other sources are secondary to it, even their legal validity and justification as sources is derived from the Holy Quran.
Sovereignty Lies With Allah:
“The Hukm belongs to Allah alone.”
The basic rule of Islamic law is that sovereignty lies with Allah. The basic rule determines the character of Islamic law and gives direction to all interpretation and Ijtihad.
i. Islamic concept of Sovereignty:
In Holy Quran Surah Ikhlas epitomizes the concept of sovereignty. There is a Hadith that Surah Ikhlas is one third of Quran. The two attributes of Allah are described in Surah Ikhlas as under:-
1. Al-Ahad:The indivisible, one and only.
2. Al-Samad: A being on whom all depend and who does not depend on any.
ii. Western Concept of Sovereignty:
In western jurisprudence, following attributes of sovereignty are enumerated.
a. Permanence
b. Absoluteness
c. Exclusiveness
d. Indivisibility
e. Inalienability
f. Comprehensiveness
The Holy Quran 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 reference of law are chiefly found is Surah Al-Baqra, Surah Ale Imran, Al-noor, Al-Nisa, Bani-Israrl, Al-Talaq.
Kind of Legislation by Holy Quran:
There are two kinds of legislation by Holy Quran.
1. Direct Legislation By Holy Quran:
a. Qatal (Hamicide):
“Do not kill a soul which has made sacred by Allah, except through the due process of law.”
b. Law of Inheritance:
The wealth of a person is divided among his relatives to the distribution principles laid down in the Holy Quran.
“From what is left by the parents and those nearest related, there is a share for men and a share for women, whether the property be small or large, a determinate share.”
Quran Says:-
“Allah advises you concerning your children’s (inheritance), the male should get portion equal to that of two females. If there are only daughters, two or more should receive two third of the inheritance and if only one, her share is a half.”
c. Defamation (Prejury):
“And those who launch charge against chaste women and produce not four witnesses (to support their allegations), flog them strips. And reject their evidence even after. For such are wicked transgressors.”
d. No Marriage Without Dower:
“And give the women (on marriage) their dower as a free gift but if they, of their own good pleasure, remit any part of it to you, take it and enjoy with right good cheer.”
e. Criminal/Penal Laws:
The Holy Quran says for those who steal “As for the thieves, male or female cut off his/her hand, a punishment by way of example from Allah for their crime, and Allah is exacted in Power.”
f. For other vices the Holy Quran Says:
“You who believe strong drink and games of chance and idols and divining arrows are only as infancy of shatan Handiwork. Leave it aside in order that you may succeed.”
2. Indirect Legislation By Holy Quran (Ijtihad):
a. Family Law (Qiyas/Ijma):
The Holy Quran prohibited marriage with mothers and daughters then grandmothers and grandfathers, by the same taken fall with in prohibited degrees.
b. Drunkard (Qiyas):
Hazrat Ali (R.A) on punishment for a drunk deduced by analogy with the punishment prescribed for defamation. He said
“He who drinks, gets drunk, he who gets drunk, raves: he who accuses people falsely should by given eighty strokes of cane. Therefore, he who drinks should by given eighty strokes of cane.”
MUAHMMAD MOBEEN AKRAM (Adv)
Thank you. It was useful.
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