Quran as source of Islamic Law
Q.1 What is the importance and significance of the Quran in Islamic law and legislation?
Introduction:
The Quran, the Holy book of Islam, is the ultimate source of guidance for Muslims in all aspects of life- spiritual, moral, and legal. Revealed to the Prophet Muhammad (peace be upon him) over a period of 23 years, it is considered literal word of Allah and forms the foundation of Islamic law, also known as Shariah. In Islamic legal theory, the Quran is not only a book of worship and spiritual guidance but also a comprehensive legal document that outlines principles of justice, human rights, social order, and ethical behavior. Its rulings are divinely ordained, making it the supreme authority in Islamic jurisprudence. Understanding the Quran's role in legislation is essential to grasp the unique nature of Islamic law, which integrates faith, law, and morality into a unified system.
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The Quran holds a central and foundational role in Islamic law and legislation. Its importance and significance can be understood from various perspectives- religious, legal, moral, and spiritual. Here is a concise yet comprehensive explanation:
1. Divine Origin and Authority
The Quran is the literal word of Allah reveled to the Prophet Muhammad (PBUH) through the angle Jibreel (Gabriel). It is the primary source of Islamic law (Shariah). Since it is divine in origin, it holds supreme authority over all other sources of Islamic law.
Surah An-Nisa (4:105)
" Indeed, We have sent down to you the Book in truth so you may judge between the people by that which Allah has shown you."
2. Foundation of Shariah
The Quran lays down the basic framework for Islamic jurisprudence (Fiqh) by:
*Outlining legal principles (e.g., justice, equality, consultation).
*Defining laws on wordship (Ibadat) such as prayer, fasting, and zakat.
*Establishing social laws (Muamalat) including contracts, marriage, divorce, and inheritance.
*Setting criminal laws, including theft, adultery, and murder.
3. Moral and Ethical Guidelines
The Quran provides moral principles which guid the development and interpretation of legal rulings:
i. Honesty
ii. Justice
iii. Mercy
iv. Respect for life and property
These ethical values the spirit of Islamic law.
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4. Comprehensive Legal Coverage
Though not exhaustive in detailing every legal issue, the Quran provides general rules and principles, leaving room for:
i. Interpretation (Ijtihad)
ii. Use of Sunnah ( Prophet's tradition)
iii. Consensus (Ijma)
iv. Analogy (Qiyas)
This allows Islamic law to remain dynamic and adaptable over time.
5. Binding Source
When the Quran lays down a specific ruling, no other source can override it. Other sources of Islamic law i.e. Sunnah, Qiyas, or Ijma, must conform to the Quran.
6. Guiding Secondary Sources
The Quran often serves as a benchmark for evaluating the authority and applicability of Hadith (Sunnah). No hadith can be accepted if contradicts the Quran.
7. Spiritual and Legal Coherence
Unlike secular legal systems, the Quran combines legal directives with spiritual and moral education, making Islamic law a comprehensive way of life, not just a set of rules.
Conclusion
Q.2 Being Divine Revelation, the Quran Kareem is Held as a Basic Source of Islamic Law---- Explanation and Discussion
1. Divine Origin and Supreme Authority
The Quran is not based on human reasoning or societal traditions; rather, it is the literal speech of Allah, revealed in perfect wisdom and guidance. Because of its divine nature, it holds supreme authority in all matters, including belief, worship, morality, and law.
Surah Al-Baqarah 2:2
" This is the Book about which there is no doubt, a guidance for those conscious of Allah."
Being the words of God, no other source can override or contradict the Quran. Every other sources of Islamic derives its legitimacy only if it aligns with Quranic principles.
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2. Comprehensive Legal Framework
The Quran addresses a wide range of legal topics and lays down general principles and specific rulings to guide the formation of a just society. It provides:i. Legal injunctions on matters like marriage, divorce, inheritance, theft, murder, contracts, and trade.
ii. Ethical and moral principles such as justice, honesty, compassion, and accountability.
iii. Spiritual laws regarding worship and duties toward Allah (pray, fasting, zakat, Hajj)
2. Punishment for theft is found in Surah Al-Ma'idah (5:38).
3. Rules for divorce and waiting period (iddah) are explained in Surah At-Talaq.
3. Foundation for Secondary Sources
The Quran acts as the foundation upon which all secondary sources of Islamic law are built. The Sunnah is the second source but must be in harmony with the Quran. Similarly, Ijma and Qiyas are tools of interpretation and cannot be valid if they contradict the Quranic text. Thus, the Quran serves bith as a source of law and a standard for validating other legal opinions.
4. Timeless and Universal Guidance
Since the Quran is from Allah, it offers universal and timeless guidance. Its principles are designed to be relevant across cultures, eras, and regions. This adaptability ensures that Islamic law remains dynamic and responsive to new challenges while staying anchored in divine instruction.
5. Integration of Faith and Law
One of the unique features of Islamic law is that it does not separate religion from law. The Quran weaves together legal rules with spiritual obligations and ethical teachings, thereby creating a holistic legal system that governs both the inner and outer dimensions of a Muslim's life.
Conclusion
Because the Quran Kareem is a divine revelation, it is held as the basic and highest source of Islamic law. It not only legislates on personal and societal matters but also serves as the spiritual compass for all Muslims. All other sources of law are secondary and must conform to its divine principles. In essence, the Quran provides the legal, moral, and ethical blueprint for establishing a just, moral, and God-conscious society.
Q.3 When the Quran Lays Down a Principle, the Rest of the Sources of Islamic Law Cease to be Effective.
In Islamic jurisprudence (Fiqh), the Quran is recognized as the primary and supreme source of law because it is the direct and unalterable word of Allah (SWT). When the Quran explicity addresses an issue or lays down a principle, all other sources of Islamic law- such as the Sunnah, Ijma, and Qiyas- must submit to its authority and cannot contradict or override it.
1. Supreme Authority of the Quran
The Quran holds the highest legal and spiritual status in Islam. It is the foundation upon which the rest of Islamic law is built. Its rulings are final, absolute, and beyond human revision.
Surah Al-Ma'idah (5:48)
"And judge, [O Muhammad], between them by what Allah has revealed and do not follow their desires away from what has come to you of the truth."
When Allah reveals a specific command or prohibition, it becomes binding on all Muslims, regardless of any other interpretations or secondary sources.
2. Role of Other Sources is Conditional
Other sources of Islamic law serve important roles, but only in areas where the Quran is:
i. Silent
ii. General in wording
iii. In need of explanation or elaboration
Examples:
* The Sunnah explains how to perform prayers (Salah), which the Quran commands but does not detail.
* Qiyas and Ijma are used to apply Quranic principles to new situations, such as modern technologies or financial systems.
However, if a clear exists in the Quran, then:
# The Sunnah cannot contradict it.
# Qiyas is not applicable.
# Ijma has no authority against it.
3. Legal Examples
* Punishment for theft:
The Quran prescribes the punishment clearly:
Surah Al-Ma'idah (5:38)
"As to the thief, male or female, cut off their hands..."
No jurist can override this ruling based on analogy or consensus.
* In heritance laws:
Specific shares are fixed in Surah An-Nisa (4:11-12). No Ijma or Qiyas can alter theses allocations.
* Prohibition of interest(Riba):
" Allah has permitted trade and forbidden interest."
Surah Al- Baqarah (2:275)
Since this a direct command, no legal device can legalize interest in Islam.
4. Protecting the Purity of Divine Law
This principle ensures that:
* The purity and sanctity of divine guidance is preserved.
* Human opinion (no matter how scholarly) never takes precedence over God's commandments.
* Islamic law remains rooted in revelation, not in subjective or evolving human norms.
Conclusion
When the Quran lays down a clear and direct principle, it becomes final and non-negotiable. In such cases, the other sources of Islamic law are rendered inapplicable for that specific matter. Their role is supportive and interpretive- not legislative-where the Quran has spoken explicitly. This hierarchy upholds the divine supremacy of the Quran in all legal, ethical, and spiritual matters.
Important Question from previous papers of IUB
Q1. What is the importance and significance of the Quran in Islamic law and Legislation?
Q2. Being divine revelation, Quran Kareem is held as a basic source of Islamic Law. Please explain and discuss.
Q3. Quran Majeed is consulted primarily while drafting laws. What are the basic principles which the Quran observed during its course of legislation?
Q4. When Quran lays down a principle, the rest of the sources of Islamic Law seize to be effective, explain.