The Quran-e-Pak
Table of Contents
The Quran-e-Pak
Introduction
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)
· Fiscal laws
Laws relating
to revenue, spoils of war, zakat, jizyah, khiraj, khums, ushar, waqf all are
provided in Quran.
· Private and public international law
Laws concerning
private international law, foreign marriages and public international law
concept of nationality, or ummah, international treaties, war, immunity of
diplomats, war etc are provided in Quran.
· Commercial laws
To quote Rodney;
“The Quran
provides a code of war. The Holy Prophet Muhammad had first hand knowledge of
commercial laws”.
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