ESL Blogs

This is my first blog concerning Quran and Law . this blog is posted for All members of ec so that  are able to know something about Quran , Shariah and whether Quran is main source of sharaih law through the way of reading . three questions are raised below :

1. whether the Quran is code of law or not?

2. Is Quran the main source of shariah?

3. to term Islamic law whether Quranic law is correct or not?

The meaning of the term source was used in Islamic law does not dissent from the positive law. There are slight differences between Islamic and positive laws must be appreciated.  In Islamic law, the material of sources are divine in origin but the positive law are not  ( reasons will be discussed below ).

Meaning of Shariah

In Arabic term Islamic law has a name is shariah means path and a guide . This name refers to all enclosing nature of Islamic law which  purports to provide a set of principles for living  good muslim life , if it is followed , will ensure muslim adherent internal life in paradise. Thus the shariah contains rules concerning moral and religious behavior , those are considered to be as much part of law as rule on the matters such as marriage and inheritance. The Islamic law classifies the conduct according to five folds are prohibited actions , actions detested  but not prohibited , mandatory actions and actions about which Islamic law is indifferent.

Sources divided into transmitted and rational

The sources of Islamic law are divided into transmitted and rational.  Transmitted sources are Quran and Sunnah. All the schools and sects of Islamic law accept Quran and sunnah as two main sources of shairah. There are differences between sunni schools and shia as to what  constitutes the sunni as shia accepts traditions from their own imam (Ali) as being divine inspiration. the secondary sources are Qiyas ( Analogy) and Ijma ( consensus). This secondary sources came through the human metal process , hence this sources are rational. There is not, as will be explained below, an universal acceptance of rule of Ijma as a source of law.

The Quran is the primary source of shariah/ law

Quran and sunnah are primary sources of shairah or law because these sources contain law for many case , also serve as the basis for the expansion of a new law. One definition was recorded from Al – Bazdawi  the Quran is a book revealed to Messenger of God, Mohammad as written in Masahif ( syntax) and transmitted to mankind through authentic continuous narration without doubt. Quran is religious and spiritual , no less than a legal text . in muslim belief it is the word of God .

Justification of Quran as a source of law:

Quran is revealed  with truth to you so that u might judge between mankind by this book (Al Quran 4:15). In another verse (16:89) , it is sent down to you with clear explanation of everything. God did not neglect to make this book  ( 6:89), so it is binding upon jurist to recourse to it or to rely upon  it for discovery and derivation of law in each case that he faces.

Quran as a code (statute) of law

Islamic law is divine law in the sense of Islamic legal scholars treated or considered the two main formal sources of law are Quran and Sunna have been divinely inspired though the agency of Prophet Mohammad (s). the Quran is mort important written source in islami law. It is considered to be a word of God. Strictly Quran law is a law in sense of Islamic law of  a set of beliefs and precedents  for ideal conduct  required of individuals by Allah. It contains some specific provisions on prayer , fasting, Hajj, giving alms and other similar religious duties . Hence, Quran is more historical and religious than a legal text. It (Quran) contains few of what Western lawyer would recognize it as legal rules providing clear guidelines and definitions.

Legal rules in Quran pertain mainly to the family matter ,i.e succession, marriage , divorce. There are some legal rules on criminal law i.e. crimes of Adultery, slander, acceptance of witness and drinking wine and few commercial matters i.e, the important of written contracts , prohibition of riba means interest etc. in Islamic sense perhaps  there have not more than 600 legal rules  in Quran, but perhaps only have 100 legal rules  in Quran in western sense . anything contrary to Quran is not Islamic law. Quran is divine so no court can alter it . only even though few of verses deal specially with legal questions , these are considered as paramount authority of Islamic shariah.

According to Austin , to be law or legal rules  , there  should be three criteria are command , sanction and sovereign. For that ground the Quran provisions  are not laws at all  on the basis of sanction is lacked. From this perspective it would be argued that Quran basically is concerned with relationship of God with muslim people and not individual themselves .

(John Austin  was a noted British jurist and published extensively concerning the philosophy of law and jurisprudence)

Quran is a code of law in the Islamic sense . do u agree with me in this point ?

The two main sources of shariah are Quran and Sunnah. do u accede it?

According to all above discussion it is possible to say that to term Islamic law Quranic law is correct. Agree or not?