LEGAL GUIDANCE IN QURAAN

Sister Sidrah   

The Quraan, the ultimate Book of Divine Guidance, addresses all those who desire to benefit from it. Its principles and teachings, which are valid for all times to come, govern the totality of human life in a wholesome manner. The following are mentioned in the Quraan:

“...The Quraan...a guidance to men and clear proofs of the guidance and the criterion....” (2:185).

“... And We have revealed the Book to thee explaining all things....” (16:89)

“And certainly We have made clear for men in this Quraan every kind of description....” (17:89)

“And certainly We have set forth for men in this Quraan similitudes of every sort.” (39:27)

According to the subject, the laws given in the Quraan can be divided into those which are concerned only with the spiritual aspect of individual life; that regulate men’s relations to and dealings with one another; and those that not only concern the spiritual aspect of individual life, but also affect Muslim society.

When we talk of the legal significance of the Quraan, in the western sense, we refer to the laws of the last two categories. There are about 70 verses on family law; an equal number on civil law; 13 dealing with evidence and oaths; 30 on criminal law; 20 discussing constitutional law, administrative law, and financial affairs of an Islamic state; and 25 on international law. Let us have a brief look at some of them.

International law

Deterrence

“And make ready for them whatever force you can and horses tied at the frontier, to frighten thereby the enemy of Allah and your enemy and others besides them, whom you know not — Allah knows them....” (8: 60)

Treaties

“... And break not oaths after making them fast.... You make your oaths to be the means of deceit between you because (one) nation is more numerous than (another) nation. Allah only tries you by this. And he will certainly make clear to you on the day of Resurrection that wherein you differed.” (16: 91, 92)

War “And fight in the way of Allah against those who fight against you, but begin not hostilities. Surely, Allah loves not the aggressors.” (2: 190)

Law of marriage and divorce

Maintenance of one’s wife

“Men are the maintainers of women, with what Allah has made some of them to excel others and with what they spend out of their wealth....” (4: 34)

Dowry

“And give women their dowries as a free gift. But if they of themselves be pleased to give you a portion thereof, consume it with enjoyment and pleasure.” (4: 4)

Maintenance of divorced women

“And for the divorced women, provision (must be made) in kindness. This is incumbent on those who have regard for duty.” (2:241)

Law of inheritance

“For men is a share of what the parents and the near relatives leave, and for women a share of what the parents and the near relatives leave... an appointed share.” (4:7). For a comprehensive description of shares, see 4: 11, 12, 177.

Law of guardianship

“And give to the orphans their property, and substitute not worthless (things) for (their) good (ones), and devour not their property (adding) to your own property. This is surely a great sin.” (4: 2)
“And test the orphans until they reach the age of marriage. Then, if you find in them maturity of intellect, make over to them their property, and consume it not extravagantly and hastily against their growing up.
And whoever is rich, let him abstain, and whoever is poor, let him consume reasonably. And when you make over to them their property, call witnesses in their presence. And Allah is enough a Reckoner.” (4: 6) 

Law of business transactions

Proof of contract

“... When you contract a debt for a fixed time, write it down... And call to witness from among your men two witnesses; but if there are not two men, then one man and two women... And have witnesses when you sell to one another....” (2: 282)

Performance of contract

“... And fulfil the promise; surely, the promise will be enquired into.” (17:34).

Measurements

“And give full measure when you measure out, and weigh with a true balance....” (17:35)

Law of crimes and punishments

Liability

“... And whoever goes astray, to its detriment only does he go astray....” (17:15)

Vicarious liability

“ ... And no bearer of a burden can bear the burden of another....” (17:15)

Theft

“And (as for) the man and the woman addicted to theft, cut off their hands as a punishment for what they have earned, an exemplary punishment from Allah....” (5:38)

Adultery and fornication

“The adulteress and the adulterer, flog each of them (with) a hundred stripes, and let not pity for them detain you from obedience to Allah... and let a party of believers witness their chastisement.” (24: 2)

False accusation of unchastity

“And those who accuse free women and bring not four witnesses, flog them (with) 80 stripes and never accept their evidence, and these are the transgressors.” (24: 4)

Homicide

“O you who believe, retaliation is prescribed for you in the matter of the slain....” (2:178)

In an Islamic state, the Quran is the primary source of law. No legislature has any authority to override its rules, which are in the very words of Allah (Subhaanahu wa Ta’aalaa).

However, where laws given in the Quraan cannot be repealed or annulled, there is no restriction on their re-interpretation or extending them to cases not expressly covered by them.

It must be noted that the Holy Quraan, despite the above-narrated facts, is not a code of law in the western sense. The western people tend to seek a “book of codes” widely addressing to various aspects of the subject of the code. The Quraan, on the other hand, targets the reformation in all spheres of human lives through persuading humanity back to its original roots, i.e. the Creator-creation bond or say the Master-slave relationship. It demands from the members of Muslim society to the obey the Prophet (SallAllaho alaihe wa sallam) at the same time when it calls for obedience to Allah (Subhaanahu wa Ta’aalaa). So, the focused laws cannot be understood until and unless the Muslims find their elaborations in the Seerah (life) of their Prophet (SallAllaho alaihe wa sallam). The Sunnah (Tradition) is, therefore, called as the explanation of the Holy Quraan. And then they will have to learn its application from the era of Sahaabah (Companions) of the Prophet (SallAllaho alaihe wa sallam) as they learnt Quraan and Sunnah directly from the Prophet (SallAllaho alaihe wa sallam) and implemented it sincerely. This is because of the fact that formal and practical application of Quraan and Sunnah was exercised in the days of the Pious Caliph when a true Islamic state was evolved out of the true Islamic society that was guided and administered by the Prophet (SallAllaho alaihe wa sallam), himself.

The Quraan, hence, only indicates the basic principles then ask to follow the Prophet (SallAllaho alaihe wa sallam) for further directions. The Prophet, then declares all his Sahaabah as the stars that guide the individual travelers as well as caravans in the required directions.

Back