Quran is the primary source of Shariah. By primary means all are secondary to it, even their legality, validity and justification as source is derived from the Quran. And it is basic source of Guidance for mankind;

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“There is the Scripture whereof there is no doubt, a guidance unto those who ward off”. (Surah Baqara-2)

There are 114 suras and 6235 ayat of unequal length in the Qur’an. The shortest of the suras consist of four and the longest of 286 ayat. Each chapter has a separate title. The longest suras appear first and the suras become shorter as the text proceeds. Both the order of the ayat within each sura, and the sequence of the suras, were re-arranged and finally determined by the Prophet in the year of his demise. According to this arrangement, the Qur’an begins with sura al-Fatihah and ends with sura al-Nas.

Meaning and definition

Qur’an literally means, reading or recitation. The jurists hesitates about defining Quran insofar by definition means enclosing the defined thing within bound. But it may be defined as;

“The book containing the speech of God revealed to the Prophet Muhammad in Arabic and transmitted to us by continuous testimony, or tawatur”.

It is revelation of Almighty Allah as provides under;

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“And verily it is a revelation of the Lord of the Worlds”. (Sura Shura-192)

Al Bazdawi defines as;

“The Quran is the book revealed to the Messenger of Almighty Allah beloved Prophet Muhammad s.a.w as written in the masahif and transmitted to us from him through an authentic continuous narration (tawatur) without doubt”.

Revelation, recording and preservation of Quran

The revelation of the Qur’an began with the Sura al-'Alaq (96:1) starting with the words

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“Read in the name of your Lord” and ending with the ayah in sura al-Ma’idah (5:3)

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“Today I have perfected your religion for you and completed my favour toward you, and chosen Islam as your religion”.

The contents of the Qur’an are not classified subject-wise and the ayat on various topics appear in unexpected places, therefore the Qur’an is an indivisible as a whole a guide for belief. So any attempt to follow some parts or the Qur'an and abandon others will be totally invalid.

Wahy

The Qur’an consists of manifest revelation (wahy zahir), which is defined as communication from God to the Prophet Muhammad, conveyed by the angel Gabriel, in the very words of God. It differs from internal revelation (wahy batin) e.g. Hadith Qudsi, which is not part of Quran.

Language

The Qur’an explicitly states that it is all communicated in pure and clear Arabic and Since the Qur’an consists of manifest revelation in Arabic, a translation of the Qur’an into another language, or its commentary whether in Arabic or other languages, are not a part of the Qur’an.

Gradual revelation

The Prophet himself memorised the Qur’an, and so did his Companions. This was, facilitated by the fact that the Qur’an was revealed piecemeal over a period of twenty-three years.

The Qur’an itself explains the rationale of graduality;

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“The unbelievers say, why has not the Qur’an been sent down to him [Muhammad] all at once. Thus [it is revealed] that your hearts may be strengthened, and We rehearse it to you gradually, and well-arranged”. (al-Furqan, 23:32)

In yet another passage, Almighty God addresses the Prophet:

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“By degrees shall We teach you to declare [the message] so that you do not forget” (al-A'la, 87:6)

The Qur’anic legislation concerning matters which touched the lives of the people was therefore not imposed all at once. It was revealed piecemeal so as to avoid hardship to the believers. The ban on the consumption of alcohol affords an interesting example of the Qur’anic method of graduality in legislation.

As in Quran;

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'They ask you about alcohol and gambling, say: in these there is great harm and also benefit for the people, but their harm far outweighs their benefit' (al-Baqarah; 2:219).

Then provides,

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“O you believe approach not prayer when you are in a drunken”. (al-Nisa, 4:43)

Then finally in;

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“O you believe, intoxicants, gambling, and al-ansab and al-azlam (arrows for seeking luck or decision) are an abominations of Satan handiwork, so avoid that in order you be successful”. (al-Maida, 5:91)

Preservation

During the lifetime of the Prophet, the text of the Qur’an was preserved not only in memories, but also in inscriptions on such available materials as flat stones, wood and bones, and then the first Caliph, Abu Bakr R.A. collected the Quran. Zayd b. Thabit, the scribe of the Prophet, was employed on the task of compilation which completed in the reign of third Caliph, Uthman R.A.

All the remaining variations were then destroyed. As a result only one authentic text has remained in use to this day.

Among those whom the Prophet PBUH appointed to write down portions were Zeyd bin Thabit, Abu Bakr, Umar, Uthman, Ali, Zubair (R.A). And the two major processes to preserve the Quran were;

a) In writing

b) In memory

Furthermore the Quran itself provides about its preservation as;

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“We have without doubt, sent down the message (Quran) and we will assuredly guard it”.

And recitation is one basic means of its preservation, for this it is pertinent to mention here hadith with regards to the recitation and teaching further Quran;

“Uthman bin Affan narrated;

The Holy Prophet PBUH said, the best amongst you is the one who recites the Quran and teaches it to others”.

Types of sura and ayat

The Qur’an was revealed in two distinct periods of the Prophet's mission in Mecca and Madinah respectively. The larger part of the Qur’an was received in Mecca. The remainder of the Quran was received after the Prophet's migration to Madinah.

The Meccan part or the Qur'an is mainly devoted to matters of belief, the Oneness of God (Tawhid), the necessity of the prophethood of Muhammad etc. But the Madinese part of the Qur’an also comprised legal rules and regulated the various aspects of life, including the political, legal, social and economic life.

A sura is considered to be Makki if its revelation had begun in Mecca and Madni if in Madinah, notwithstanding of its completion.

With regard to distinguishing the Makki from the Madani contents of the Quran, the ulema have

applied three different criteria: 1) The time of the revelation, 2) The place of revelation and 3) The nature of the audience.

In the sense that legal material occupies only a small portion of the bulk of its text. The Qur’an calls itself huda, or guidance, not a code of law. Out of over 6,200 ayat, less than one-tenth relate to law and Jurisprudence. There are close to 350 legal ayat in the Quran, most of which were revealed in response to problems that were encountered. 140 ayat in the Quran on devotional matters such as salah, legal alms (zakah), siyam (fasting), the Pilgrimage of hajj, jihad, charities, the taking of oaths and penances (kaffarat). Another 70 ayat are devoted to marriage, divorce, the waiting period of iddah etc, commercial transactions (muamalat) such as sale, lease, loan and mortgage are under another seventy ayat. 30 ayat on crimes and penalties etc. Another 30 ayat speak of justice, equality, evidence, consultation, and the rights and obligations of citizens etc. But it will be noted, however, that the fuqaha are not in agreement over these figures.

Characteristics of Qur’anic Legislation

The characteristic features of Qur’anic legislation, its division into qat’i and zanni is perhaps the most significant and far-reaching, as it relates to almost any aspect of enquiry into the Qur'anic legislation.

1. The Definitive (qat’i) and the Speculative (zanni)

A definitive text is one which is clear and specific; it has only one meaning and admits of no other interpretations.

For example;

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“In what your wives leave, your share is a half, if they leave no child” (al-Nisa', 4:12)

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“The adulterer, whether a man or a woman, flog them each a hundred stripes” (al-Baqarah, 2:196).

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“And those who accuse chaste women of adultery and fail to bring four witnesses [to prove it], flog them eighty stripes and reject their testimony” (al-Nur, 24:4).

The speculative ayat of the Qur’an are, on the other hand, open to interpretation and ijtihad.

For example sura al-Ma’idah (5:92):

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“God will not call you to account for what is futile (al-laghw) in your oaths, but He will call you to account for your deliberate oaths . . .”

The text then continues to spell out the expiation, or kaffarah, for deliberate oaths, but there is also disagreement as to whether the three days of fasting should be consecutive or could be three separate days.

The Qati of the Quran is an integral part of the dogma, and anyone who rejects or denies its validity automatically renounces Islam. But denying a particular interpretation of the Zanni does not amount to transgression.

2. Brevity and Detail (al-ijmal wa'l-tafsil)

Being the principal source of the Shari’ah, the Quran lays down general guidelines on almost every major topic of Islamic law. Al-Shatibi makes the following observation:

“Experience shows that every alim who has resorted to the Qur’an in search of the solution to a problem has found in the Quran a principle that has provided him with some guidance on the subject”.

In other words the Qur’an is specific on matters which are deemed to be unchangeable, but in matters which are liable to change, it merely lays down general guidelines. For example in surah al-Baqarah (2:275);

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“God has permitted sale and prohibited usury”.

3. Inimitability (i'jaz) of the Qur’an

This is reflected in at least four aspects of the Qur’an.

(i) First, in its linguistic excellence

(ii) The second is its narration of events which took place centuries ago.

(iii) The third is its accurate prediction of future events.

(iv) The fourth is manifested in its scientific truth concerning the creation of man, the earth and the planetary system. For example

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“That all life originated in water” (al-Anbiya', 21:30)

Quran as legislation

One famous jurists quote; “Islamic law is not the product of past Islamic theory. The Prophet PBUH gave Islamic law based on Quran revealed. Almighty Allah says;

“If they are in doubt what we revealed then produce a single Surah”.

Categorization of Quranic Laws, can be presented generally as under;

· Religious and devotional act

· Personal and family laws

· Criminal, civil and constitutional laws

· Economic and financial laws

· War and international laws

Lamertine says that the Quran is a book contains multifarious verses concerning law and jurisprudence. And according to Joseph Schacht, Holy Quran deals with the following branches of law;

· Dietary laws

· Fiscal laws

· Law of contracts

· Family laws

· Inheritance laws

· Law of evidence

· Law of war and peace

· Administrative law

Categorization of verses;

· 70 on Family laws

· 80 Trade and Finance laws

· 10 Constitutional and administrative laws

· 10 Crime and Sentences

· 25 International laws and prisoners of war

· 400 Ibadat

And some examples from Holy Quran as the source of laws are as following;

· Criminal law

Injunctions regarding Hudud have been laid down in the Holy Quran;

· Zina (surah Al-Nur 2)

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“The woman and the man guilty of illegal sexual intercourse, flog each of them with a hundred stripes”.

· Saraqah (theft)

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And (as for) the male theif and the female thief, cut off (from the wrist joint) their (right) hands as a recompense for that which they committed, a punishment by way of example from Allâh. And Allâh is All-Powerful, All-Wise. (Almaida- 38)

· Harabaha (highway docoity)

· Qadhf

· Irtidad (Apostasy)

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“Verily, those who believe, then disbelieve, then believe (again), and (again) disbelieve, and go on increasing in disbelief; Allâh will not forgive them, nor guide them on the (Right) Way”. (An-Nisa-137)

· Wine

· Intoxication and gambling

· Rebellion

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“And commit no mischief on the earth as Mufsidûn (those who commit great crimes, oppressors, tyrants, mischief-makers, corrupters)”. (Al-Ankabot-36)

· Fornication

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And come not near to the unlawful sexual intercourse. Verily, it is a Fâhishah [i.e. anything that transgresses its limits (a great sin)], and an evil way (that leads one to Hell unless Allâh forgives him) (Surah Bani Israel-32)

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“The woman and the man guilty of adultery or fornication, flog each of them with a hundred stripes”. (Surah Nur-2)

· Family law

Laws of marriage, dower, legitimacy, guardianship, maintenance, Hiba, Will, Waqf, Talaq etc.

· Dower

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“And give to the women (whom you marry) their Mahr (obligatory bridal-money given by the husband to his wife at the time of marriage) with a good heart, but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm (as Allâh has made it lawful)”. (An-Nisa-4)

· Maintenance

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“And for divorced women, maintenance (should be provided) on reasonable (scale). This is a duty on Al-Muttaqûn”. (Al-Baqara-241)

· Law of evidence

Law of evidence has also been crystallized in Quran. Status of different evidences, for example evidence of woman also been legitimized in Quran.

· Law of contract

Detailed rules regarding the laws of contract, buying and selling, Riba, Mudarba, Musharika etc.

· Trust

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“Believe in Allâh and His Messenger (Muhammad SAW), and spend of that whereof He has made you trustees. And such of you as believe and spend (in Allâh's Way), theirs will be a great reward”. (Al-Hadid-7)

· Law of Torts

The Quran contains detailed laws concerning torts against property e.g. ghasb, privacy, nuisance, homicide, qisas, injuries to human body, negligence, defamation etc.

· Administrative law

Laws concerning judiciary, executive and legislation, head of state, natural justice, human rights etc have been given in the Quran.

· Constitutional law

Concept of state, imam or head of state, fundamental human rights, principles of policy are relating to constitutional law.

· Legislation

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“And who (conduct) their affairs by mutual consultation” (Ash-Shura-38)

Hafiz Muhammad Azeem

Thursday, 13 December 2018

The Quran

Introduction

Meaning and definition

Revelation, recording and preservation of Quran

Wahy

Language

Gradual revelation

Preservation

Types of sura and ayat

Characteristics of Qur’anic Legislation

1. The Definitive (qat’i) and the Speculative (zanni)

2. Brevity and Detail (al-ijmal wa'l-tafsil)

3. Inimitability (i'jaz) of the Qur’an

Quran as legislation

· Criminal law

· Family law

· Law of evidence

· Law of contract

· Law of Torts

· Administrative law

· Constitutional law

· Fiscal laws

· Private and public international law

· Commercial laws