Quran (The Holy Book)
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Preface:
"We have revealed this book and no doubt we are its protector" (Surat-ul-Hijir. Ayat-9).
Holy Quran is the book of God and contains the direct Revelations from Almighty. As there are always to sorts of legislation i.e. formative and interpretative, the farmer contains the formation of new rules which were never prevalent and letter introduces new rules which are interpretations of already existing rules. Quran is the main formulative source of Islamic law. Most of its verses containing law were revealed with reference to case which arose during the lifetime of Holy Prophet (PBUH). Sometimes God repealed certain previous laws and revealed others in their place, which was suitable to the needs of new society.
Quran:
It is also known as 'Al-Furqan', which means to show truth from falsehood and right from wrong. It is a book in Arabic language, revealed upon the last Prophet Muhammad (PBUH) from the God through His Angel Hazrat Gibraeel (AS). The fundamental admission of a Muslim is to bow to all the commandment oh Allah and life in thereafter. Allah has blast human beings with the devine revelation and ordained rules of conduct for guidance of their lives through it. Holy Quran itself challenges,
"If mankind and Jinn gather in order to produce the like of this Quran, they could not produce like of it, even if there were to each other the assistants" (Surat-Bani Israeel. Ayat-88).
Further states,
"If you have any doubt in its (Quran's) truth, then try to make only one sura like that" (Surat-ul-Baqara. Ayat-23).
Revelation:
Quran was revealed in about 23 years. This revolution was sometimes at once and sometimes gradual. The Maccan period contains short suras, which are generally addressed to all human beings and contains basics of Islam.
The Madni period contains long suras, their address is Muslims and they formulate rules about different laws.
Stages of compilation:
We can classify the codefication into the stages;
- In the area of Holy prophet (PBUH).
- In the era of Hazrat Abu Bakar (RA), where one official volume was started to be made with out any dispute.
- In the era of Hazrat Usman (RA), where official compilation of Holy Quran approved.
Quran (A Miracle):
When the Maccan challenged the Holy Prophet (PBUH) to perform a miracle as a proof of His (PBUH) 'divine mission', the Holy Prophet (PBUH) appealed boldly and confidently to the Book, which was taking shape under the His (PBUH) pious supervision. The Book was in Arabic and is a miracle of miracles.
The primary purpose of Quran:
The primary purpose of holy Quran is to lay down a way of life which regulates the relationship of man with man, and with God. Quran says
"And we have shown him to ways ( right and wrong)" ( Surat-ul-Balad. Ayat-10).
Quran -- A reservoir of Islamic Law:
The Islamic law is defined as, "the body of rules of conduct revealed by the God to the Holy Prophet (PBUH), whereby the people are directed to lead their lives in this world". Unlike Austin, Salmond and other jurists, the origin of Islamic law is not custom or tradition, but it originates from the divine revolution i.e. the Quran. The code of Islamic law is mainly divided into the following sections;
- Religion and its duties
- Quasi religious and quasi social laws
- Sales and purchases
- Leases and mortgages
- Evidence and administration of Justice
- Contracts
- Crime and torts
- Family matters and inheritance etc.
QURAN--- A CODE OF CONDUCT:
Quran is a code of conduct laying down the fundamental
principles and not the detailed provisions and duties. It is a manual of
humans. It is for all the matters and for everybody. As Holy Quran
presents the solution of all matters, but only for those who have
requisite intellect, as Holy Quran states,
"But none will grasp the message except the men of intellect", and
"And it is a Book, which is dominant"
MODES OF LEGISLATION IN QURAN:
It contains following legislative modes:
• Positive Mandatory Legislation i.e. Muslims are bound to do those acts.
• Negative Mandatory Legislation i.e. Muslims are forbidden to do these acts.
• Discretionary Legislation i.e. Muslims are free to opt i.e. they have discretion in certain
matters.
Positive Mandatory Legislation:
It describes the acts which are permitted in following heads; by
• Express commandments.
• General narration of commandments.
• Narration of act as a will of God.
• Encouragement.
• Promise of reward with an order
Negative Mandatory Legislation:
It is also called as prohibitory legislation i.e.
• Express commandment of prohibition.
• Narration of prohibition.
• Declaration of an act to be wrong.
• Prescription of worldly punishment.
• Punishment after death
• Dislikeness of God.
Discretionary Legislation:
Some acts have been left on the discretion of man as,
• Not commanded
• Not prohibited
• Grant of express discretion
• Exemptions
• Suspension of sinful liability
• General permissibility through silence i.e. no approval or disapproval.
• In some circumstances such as in cases of question of life and death, some prohibitions
become permissible but with limitations.
QURANIC CONTRIBUTION INTO SHARIA LAW
Quran contributed a lot into the Islamic Legal System, such as:
• Laws of Marriage and Maintenance of Family
• Equal Rights to Women
• Children and Parents
• Law of Trust and Guardianship26
• Law of Succession
• Law of Trade and Commerce
• Law of Crime and Punishments
• Law of Political Management and Fundamental Rights
• Administration of Justice
• International Law
• Law of Contract and Tort
DEVELOPMENT OF QURANIC LAW BY JURISTS:
The Islamic law has been developed by jurists. Its progress is
mostly as per the construction of principles and interpretations by
jurists. The function of interpretation is to discover the hidden
intention of the Law Giver. The jurists construed the Quranic laws in
large volumes.
LEGISLATIVE FUNCTIONS OF QURAN:
Holy Quran performs following major legislative functions:-
• Permissible (Halal) There are certain acts which are declared permissible and no
punishment is prescribed for their doing.
• Forbidden (Haram) The acts under this head are not allowed and their doing is
punishable under Islamic law.
• Abrogation (Naskh) Quran also abrogates the orders of former Sharia's and
sometimes abrogates its own orders with new verses.
• Repealing Function Quran also repealed many former malpractices such
as:infanticide,usury, gambling and unlimited polygamy.
• Social Reforms As a supreme lawgiver Quran also raised the status of women,changed
the laws of inheritance and gave complete protection to old
and minors.
• Law and Order
Different laws including Hudood, war rules, Qisas and Diyat are
formulated by Quran.
• Family Matters
Family is the basic unit of any society and Quran gave detailed
rules regarding marriage, dower, divorce, maintenance and alike.
• prayers and Devotions
There are also elaborated and detailed orders regarding prayers
and devotions in Quran.
LEGAL POTENTIAL:
The rules contained in Quran are so elaborative and expressed in
a way that humans can take guidance in every aspect of their lives. It
contains different rules and codes, sometimes gives express directions
and other times gives examples through which one can derive law.
Generally we may classify these into
• Prayers
• Moral Code
• Legal Code
THE DISTRIBUTION OF VERSES (APPROX) CAN BE PROVIDED AS UNDER:
• Family Matters 70 Verses
• Trade and Finance 80 Verses
• Oaths13 Verses
• Crimes and Sentences 30 Verses
• Constitutional and Administrative matters10 Verses
• International Law and War 25 Verses
• Ibada'at 400 Verses
• Civil Law 70 Verses
The Quranic rulings may be divided into two broad heads:
• Halal (permissible)
• Haram (forbidden)
The classical legal categories start where origin to these two terms frequently used by
Quran, 'Amr Bil Maroof Wa Nahi Anil Munkir'. Different jurists further
classified these terms as under
• Obligatory
• Imperative
• Mandatory
• Directory Recommendations
• Commendable
• Condemned
• Disapproved
• Prohibited
• Improper
• Un-commendable
• Permissible
• Indifferent
The Quran itself does not lay down various degrees of permissibility or prohibitions. These
degrees came into existence later when jurists developed 'Fiqh', as an independent science, so all
the derived laws fall within the ambit of above mentioned basic terms. The Quran is divided into
different Suras or Chapters; each having a
separate designation is composed of Aayat or verses. Most of the verses which embody rules of
law were revealed to settle questions that actually arose for decision e.g.
(a) Some in order to repeal objectionable customs like female infanticide,
gambling, unlimited polygamy and drinking etc
(b) Some for effecting social reforms like raising status of women,
settling the question of inheritance on equitable bases, providing
protection to minors and old etc
(c) Some lay down the principles of punishment for the purpose of
securing peace and order in the society like hudood, qisas and
diyat
(d) Some regarding international affairs like treaty and war
(e) Some regarding family matters including marriage, dower and
divorce etc
(f) Some describe prayers and devotions
Quran also contains general injunctions which have formed the
basis of important juristic preferences.
JURISTIC APPROACH OF QURAN:
According to Holy Quran, Quran and Sunnah have the basic and
fundamental value and the Muslims must obey and follow both, as
both are:
(a) Compulsory
(b) Unavoidable
(c) Perpetual
(d) Unconditional
(e) Absolute
(f) Unchangeable
Holy Quran states,
And come to you from God, the light (Prophet PBUH) and the Book.
DIFFERENCE BETWEEN LEGISLATIVE FUNCTIONS OF MACCAN AND MADNI SURAS:
The type of guidance which the Muslims needed at Medina was
not the same as they had needed in Makkah. That is why; the Madni suras differ in character
from those revealed in Makkah. The Makkan suras are smaller in size and generally deal with
basic beliefs of Islam. They provide guidance to an individual soul. On the other hand, Madni
suras have laws relating to civil, criminal, social and political
problems of a society. They provide guidance to a social and political community.
STYLE OF QURAN:
As Quran is the only revealed book of Allah, which is saved in its
original position. Not only its meanings but also its compilation and
words have been spoken by the God. Its protection is the responsibility
of Allah Himself. It tells the stories in a way that one can learn from
them to lead a pious and prosperous life, it elaborates detailed rules for anybody who belongs to
any profession in this world. The verses of Quran are mainly of two types;
(a) Muhkamat (explicit) and
(b) Mutshabihat (non-explicit).
Epitome
The Islamic law is complete in its entirety and no change or amendment is needed. At the same time there is no rigidity in it. It is so
beautifully drafted that it can be interpreted and applied in every set of
problems and scenarios arising out in any era, any state or society. It is
in short adaptable. The Quranic implied legislation is not couched in
purely legal terms. There is an amalgam of law and ethics. The Quran
in fact addresses itself to the conscience of man. However, instead of
giving statute, it just indicates the basic principles that lead a Muslim
to a certain direction, where he can find answers by his own effort.
Moreover, it presents the Islamic divine ideology in general form,
suited to the changing circumstances in all ages and climates.
TheQuran calls itself guidance and not a code of law as it states;
"No doubt We have sent to them such a Book (Quran), which We
have discussed very clearly due to Our knowledge and which is a guideline and bless for the
believers"
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