INTRODUCTION
The Holy Quran is the primary source of law along with Hadith. Hadith is considered next to the Quran as a source of direction. The Holy Quran is the book consisting of those direct revelations which were made to the Holy Prophet (PBUH).
The Quran does not contain law in a codified form but covers all aspects of human action, prayer, and moral and legal aspects.
CROSS-REFERENCE
- Article 227 of the Constitution of Pakistan 1973
- Article 230 of the Constitution of Pakistan 1973
- Quran and Sunnah shall make all laws of Pakistan.
AUTHORITY TO MAKE LAWS
The authority to make law is vested in Allah, who has the supreme legislative power in Islamic law.
DEFINITION OF QURAN
The Holy Quran is the book’s name, consisting of those direct revelations made to the Holy Prophet (PBUH) in the very words of Allah.
ATTRIBUTES OF THE HOLY QURAN
There are 55 alternative names or attributes of the Holy Quran, e.g. Al-Kitab Al-Noor, Al-Furqan, etc.
REVELATIONS OF THE HOLY QURAN
The Holy Quran was revealed piecemeal in twenty-three years according to the needs of the people. Eighty-six (86) Surahs were revealed before Hijrat, so these Surahs were called Makki Surahs, and twenty-eight (28) Surahs were revealed after Hijrat, so these Surahs were called Madani Surahs.
KINDS OF VERSES
The Quran contains two kinds of verses, both fundamental components of the Holy Book and must be accepted.
1. Muhakamat:
It refers to the verses of the Quran that are clear and precise in meaning.
For Example:
Quran says, “O ye who believe when we deal with each other in transactions involving future obligations in a fixed period, do maintain the record.”
2. Mutashabihat:
These are verses of the Quran whose meaning is unknown, unclear, or wholly agreed upon but open to two or more interpretations.
For Example:
Verses concerning the attributes of Allah, the true nature of the resurrection, life after death, etc
DIVISIONS OF AHKAMS IN THE HOLY QURAN
The Quran contains 30 paras and 114 surahs and consists of 6236 verses. Quran is divided into seven stations (Manzils) for reciting the whole text in one week. Approximately six hundred verses in the Holy Quran indicate the ahkam of Islamic law.
1. First Portion (Aqaid):
The first portion deals with religion and its duties, e.g. belief in Allah and His angels. Books, Prophets, and the Day of Judgement. The discipline dealing with these is that of Tawhid.
2. Second Portion (Discipline):
The second portion deals with Quranic ethics.
3. Third Portion (Muamalat):
The third portion is rated with Muamalat. It regulates the relationship of individuals among themselves, with states, etc. It deals with sales and purchases, leases and mortgages, evidence, torts, contracts, etc.
CONTENTS OF THE HOLY QURAN
The contents of the Holy Quran are the following.
(a) Creation of the universe:
The Holy Quran accounts for Heaven, earth, and man himself.
(b) Stories:
The Quran narrates the stories of the previous prophets and people and the punishment inflicted on the wicked in the past. For example, the level of Hazrat Musa and Hazrat Ibrahim. Hazrat Isa, Hazrat Yousaf, the people of the cave, etc.
(c) Prophesies:
The Holy Quran also contains several prophecies, many already fulfilled. For example, predict the defeat of the Romans by the Persians and later the loss of the Persians by the Romans.
(d) Seen and unseen:
The Holy Quran tells us about the seen and unseen, Allah, the angels, the life after death, the Day of Judgement, Paradise, Hell, etc.
(e) Code of life:
The Holy Quran is a complete code of conduct, morals, injunctions, and social, legal, economic, and political teachings.
(f) Laws:
The Holy Quran also contains commandments and laws for Muslims, e.g., inheritance, marriage, divorce, criminal laws, etc.
PRIMARY SOURCE OF ISLAMIC LAW
The entire Ummah has agreed that the Holy Quran is the primary source for the Ahkam of Allah. All other sources are secondary to it, even their legal validity and justification as sources are derived from the Holy Quran. As Quran says;
“The Hukm belongs to Allah alone.”
The basic rule of Islamic law is that sovereignty lies with Allah. The primary government determines Islamic law’s character and directs all interpretations and Ijtihad.
REFERENCE OF LAW IN THE QURAN
Law references are found in surah Al-Nisa, Al-Imran, Bani-Israel, Tauba, Maida, etc.
PRINCIPLES OF ISLAMIC LEGISLATION
The Holy Quran contains various orders, injunctions, and communications, embodying the fundamental principles of devotional matters and transactions. It is the book that is a guide to religious and temporal affairs.
(A) DIRECT LEGISLATION BY HOLY QURAN
(a) Qatal (Homicide)
“Do not kill a soul which has been made sacred by Allah, except through the due process of law.”
(b) Law of Inheritance
A person’s wealth is divided among his relatives according to the distribution principles 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.”
(c) Defamation (Prejury)
“And those who launch a 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 gift, but if they, of their 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.”
(B) INDIRECT LEGISLATION BY HOLY QURAN
(a) Family Law (Qiyas/ljma)
The Holy Quran prohibited marriage with mothers and daughters, then grandmothers and grandfathers, by the same token, fall within prohibited degrees
(b) Drunkard (Qiyas)
Hazrat Ali (RA) on punishment for a drunk deduced by analogy with the sentence prescribed for defamation. He said,
“He who drinks gets drunk, gets drunk, raves; he who raves, accuses people falsely, and he who accuses people falsely should be given eighty strokes of cane. Therefore, he who drinks should be given eighty strokes of the cane.”
CONCLUSION
The Holy Quran is a comprehensive code of conduct laying down the fundamental principles, not the detailed provisions. It is not meant for a limited period but for all times. The legal principles and dictates of the Quran have the inherent capacity for development. The Quran is a constitutional law with these features a modern constitution contains.
Frequently Asked Questions
Quran Majeed is a fundamental Islamic law source, the divine revelation. What basic principles did the Quran observe during its legislation course?
(2019-A)
Describe and explain the position of the Quran as the primary source of Islamic Law.
(2019-A five years)
As the first and primary source of Islamic law, Quran Majeed laid the founding principles of Shariah. Explain.
(2018-A)
Quran Majeed is consulted primarily while drafting laws. What basic principles did the Quran observe during its legislation course?
(2017-S)
Quran Majeed is essential and pivotal in Islamic Legislation; kindly explain.
(2017-A)
When the Quran lays down a principle, the rest of the sources Islamic Law seizes to be effective, explain.
(2016-S)
Quran Majeed is the primary and fundamental source of Islamic law.
(2016-A)
While legislating, Quran observed some fundamental principles to frame the laws. Please highlight those principles discussing the importance of the Quran as the primary source of Islamic Law.
(2015-A)
REFERENCES
- Islamic Jurisprudence by Imran Ahsan Khan Nyazee
- N-Series by M.A. Chaudhary
