Holy Quran , Primary Source of Islamic Law or Islamic Jurisprudence

Introduction:

Holy Quran is the Book of God and contains the direct revelations from Almighty. As there are always two sorts of legislation i.e. formulative and interpretative, the former contains the formation of new rules which were never prevalent and the later introduce new rules which are modification and interpretations of already existing rules. Holy Quran is the main formulative source of Islamic law. Most of its verses containing law were revealed with reference to cases which arose during the lifetime of Holy Prophet (PBUH).

We have revealed this book and no doubt We are its protectors.

                                                                              (Al-Hijr : 9)

Quran - Meaning and Definition:

Basically the term Quran is used in two meanings

As participle i.e. 'To read'

As object i.e. 'a thing, which is read'

Technically both these meanings are attributed to the 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 which revealed on the holy prophet (PBUH) from the God through his angel Hazrat Gibraeel (AS). The fundamental admission of a Muslim is to bow to all the commandments of Allah and life in thereafter. Allah has blessed human beings with the Divine revelation and ordained rules of conduct for guidance of their lives through it. Holy Quran itself challenges,

If mankind and jinn gathered in order to produce the like of this Quran, they could not produce the like of it, even if they were to each other the assistants.

                                                          (Al-Isra : 88)

If you have any doubt in its(Quran's) truth, then try to make only one verse like that

                                         (Al-Bakra : 23)

Primary Purpose of Quran:

The primary purpose of Quran is to lay down a way of life which regulates the relationship of man with man, and with God. As Holy Quran says

And We have shown him two way (right and wrong)

                               (Al-Balad : 10)

Holy Quran - A Reservoir of Islamic Law:

Indeed We have put forth every kind of example in this Quran for mankind, But , man is ever more quarrelsome then anything.

                                        (Al- Kahaf : 54)

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 jurist, the origin of Islamic law is not custom or tradition, but it originates from the divine revelation like The Holy Quran. Aayat-ul-Ahkam in Quran are of three types;

• Ahkam-ul-Aatkadiya (relating to Beliefs)
• Ahkam-ul-Kulqiyah (relating to Morality)
• Ahkam-ul-Ilmiyah  (relating to legal rules comprising Prayers and Social Matters.)

The code of Islamic law is mainly divided into following sections:

1. Religion and its duties.
2. Quasi religious and quasi social laws.
3. Sales and purchases.
4. Leases and mortgages.
5. Evidence and administration of Justice.
6. Contracts and Easement.
7. Crimes and Torts.
8. Family matters and inheritance etc.

Quran is the primary source of Islamic law, containing multifarious verses concerning law and jurisprudence.

Quran - A Code of Conduct:

Quran is a code of conduct laying down the fundamental principles and not the detailed provisions and duties. Its 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

                                                               (Al- Barkra : 269)

And it is the book, which is dominent

                                                (Al-Sajda : 42)

Mode of Legislation in Quran:

Holy Quran contain three modes of legislation 

• Positive Mandatory Legislation

    It describe the acts which are permitted in following heads; by

• Express commandments: 

"And offer prayers and pay zakaat..." (Al-Bakra : 110)

• General narration of commandments:

"O believers! Fasting is obligatory on you, as was upon those before you" (Al-Bakra : 183)

• Narration of act as a will of God:

  "Do not give short measures" (Al-Hood : 84)

• Encouragement:

"And fulfill the promise, surely (every) promise shall be questioned about" (Bani Israel : 34)

• Promise of reword with an order:

                "And perform Prayer and give Zakat, and whatever of good (deeds that Allah loves) you send forth for yourselves before you , you shall find it with Allah, Certainly,  Allah is All-seer of what you do" (Al-Bakra : 110)

• Negative Mandatory Legislation

                    It is also called prohibited legislation. It deals

• Express commandment of prohibition
• Narration of prohibition
• Declaration of an act to be wrong
• Prescription of worldly punishment
• Punishment after death
• Dis-likeness 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 permissibly through silence i.e. no approval or disapproval.

Quranic Contribution into Sharia Laws:

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 Guardianship
• 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

Legislative Functions of Quran:

Quranic legislation has two characteristics:

1.  Definitive (Qatai)  : means without any doubt (very clear) having one meaning only
2.  Speculative  (Zanni) : means are open to interpretation and Ijtihad.

Further, verses might be very short (Ikhtisar) leaving details upon Ummat, or state . or they might provide details of some issue (Tafseel) as far as , legislation is concerned, Quran performs following major legislative functions:-

Permissible (Halaal):

There are certain acts which are declared as permissible or Halaal 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 order with new verses.

Repealing Function:

Quran repealed many former malpractices such as infanticide, usury, gambling and unlimited polygamy.

Social Reforms: 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 laws , 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 Devotion:  There are also elaborated and detailed orders regarding prayers and devotions in Quran.

Legal Potential of Quran

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 Quranic rulings may be divided into two broad heads, Halaal and Haram. The classical legal categories start where origin to these two terms frequently used by Quran, 

amr bil ma'roof wa nahi a'nil munkir

Different jurists further classified these terms as under:-

• Obligatory
• Imperative 
• Mandatory
• Directory Recommendations
• Commendable
• Condemned
• Disapproved
• Prohibited
• Improper

Characteristics of Quranic Legislation:

Following are the main characteristics of Quranic legislation which help in interpretation:-

• The Definitive and Speculative (Qatai' and Zanni)
• Brevity and Detail (Al Ijma wal Tafaseel)
• Room for flexibility in evolution of injunctions
• Ratiocination (Ta'lil)
• Inimitability (Ijaz') of Quran is linguistic excellence, narration of events which took place centuries ago, accurate prediction of future events and scientific truth concerning the creation of man, earth, and planetary system.
• Occasions of Revelation relating to events to the revelation of its particular passages.

Conclusion:

It is concluded, that 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 Quran in fact addresses itself to the conscience of man. Moreover, it presents the Islamic divine ideology in general form, suited to the changing circumstances in all ages and climates.The Quran 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"

                                                                                    (Al-Airaf : 52)