Qr’an as a primary source of Islamic law

Allah the Almighty Says: “Verily this is a Revelation from the Lord of the Worlds:
(192) [Sura Al- Shuara, verses 192].
1:Introduction
The Islamic sacred book, believed to be the word of God as dictated to Muhammad
by the archangel Gabriel and written down in Arabic. The Koran consists of 114
units of varying lengths, known as suras ; the first sura is said as part of the ritual
prayer. These touch upon all aspects of human existence, including matters of
doctrine, social organization, and legislation.
1.1role of Qur’an in Islamic jurisprudence
The Qur’an is the primary source of Islamic law and serves as the foundation for
all other sources.
| The Holy Qur’an |
| (Primary Source of Law) |
±---------∓-------------∓
|
V
±----------------∓-----------------∓
| Guidance on All Aspects of Life |
| (Worship, Morality, Laws, etc.) |
±----------------∓-----------------∓
|
V
±----------------------∓-----------------------∓
| Extraction of Legal Injunctions (Ahkam) |
| - Direct commandments (e.g. prayer, fasting) |
 | - Prohibitions (e.g. theft, interest) |
| - Moral principles (e.g. justice, mercy) |
±----------------------∓-----------------------∓
|
V
±----------------------∓-----------------------∓
| Used as the Foundation for: |
| - Sunnah (Prophet’s practice) |
| - Qiyas (Analogical reasoning) |
| - Ijma’ (Scholarly consensus) |
±----------------------∓-----------------------∓
|
V
±---------------------------------∓
| Formation of Islamic Jurisprudence|
| (Fiqh – Schools of Thought) |
±---------------------------------∓
2. The quran revelation and authority
The revelation and authority of the Qur’an are central concepts in Islamic theology,
defining both the divine origin of the scripture and its status as the ultimate guide
for Muslims.
2.1 Revelation of the Qur’an (Wahy)
• Qur’an 2:2 – “This is the Book about which there is no doubt, a guidance for
those conscious of Allah.”
  Muslims believe the Qur’an is the literal word of God (Allah), revealed in
Arabic to the Prophet Muhammad ‫ ﷺ‬over a period of 23 years (610–632
CE).
3.Legal content of the Qur’an
The Quran contains various legal concepts and rulings, including:
 Family law*: Marriage, divorce, inheritance
 Criminal law*: Punishments for theft, adultery
 Financial law*: Zakat (charity), usury
 Social justice*: Rights of orphans, women
3.1 Act of worship in Quran
 Prayer
- “Recite, [O Muhammad], what has been revealed to you of the Book and
establish prayer. Indeed, prayer prohibits immorality and wrongdoing, and the
remembrance of Allah is greater.” (29:45)
- “And enjoin prayer upon your family and be steadfast therein.” (20:132)
 Charity (Zakat)
- “And establish prayer and give zakah, and whatever good you put forward for
yourselves – you will find it with Allah.” (2:110)
- “They establish prayer and give zakah, and of the Hereafter, they are certain in
faith.” (27:3)
3.2 Civil laws in Quran
The Quran provides guidance on various aspects of civil law, including justice,
contracts, and rights. Here are some relevant verses:
- *Justice and Fairness*
- “And O my people, give full measure and weight in justice and do not deprive
people of their due” (Quran 11:85, as mentioned in My Islam).
- *Contracts and Debt*
- “And when you contract a debt for a specified term, write it down. And let a
scribe write [it] between you in justice” (Quran 2:282, mentioned in My Islam).
- *Rights of Orphans*
- “And do not approach the orphan’s property except in a way that is best until
he reaches maturity” (Quran 6:152, mentioned in My Islam).
- *Civil Strife and Conflict Resolution*
 - “You will find others who want security from you, and security from their own
people. But whenever they are tempted into civil strife, they plunge into it
headlong” (Quran 4:91, Clear Quran translation).

Criminal law
in the Quran is based on divine principles, focusing on justice, mercy, and
deterrence. It categorizes crimes into three main types ¹:
- *Hudud (Fixed Punishments)*: Crimes considered “against God” with
punishments specified in the Quran and Hadiths. Examples include:
- *Theft (Sariqa)*: Punishable by amputation of the hand, as stated in Surah Al-
Maidah, verse 38: “And the male thief and the female thief – cut off their hands as
punishment for what they have earned.”
- *Qisas (Retaliatory Punishment)*: Crimes against individuals or families, where
punishment is equal retaliation. Examples include:
- *Murder*: Punishable by death or compensation (blood money) paid to the
victim’s family, based on Surah Al-Baqarah, verse 178: “O you who have believed,
prescribed for you is legal retribution for those murdered.”
- *Tazir (Discretionary Punishment)*: Crimes not specified in the Quran or
Hadiths, where punishment is left to the judge’s discretion. This can include crimes
like corruption or spreading mischief .
4.Role of tafseer in Quran
Tafseer (exegesis) plays a crucial role in understanding the Quran by:
Clarifying meanings: Explaining complex verses and ambiguous terms.
Providing context: Establishing historical, cultural, and linguistic background.
Guiding interpretation: Helping to derive practical applications and rulings.
Resolving ambiguities: Addressing apparent contradictions or unclear passages.
Tafseer enables Muslims to comprehend the Quran’s message, apply its teachings,
and make informed decisions.
5.Qur’an and role of Sunnah
The Quran and the Prophet’s Sunnah are interconnected and complementary
sources of guidance in Islam.
- *Explains the Quran*: The Sunnah provides context and explanation for Quranic
verses.
- *Provides practical guidance*: It offers practical examples of how to implement
Quranic teachings in daily life.
5.1Qur’an in classical fiqah ( Islamic jurisprudence)
The Quran plays a central role in Islamic jurisprudence (Fiqh) as:
Primary source*: The Quran is considered the literal word of God, making it the
primary source of guidance.
Foundation of Sharia*: Quranic principles form the foundation of Sharia law,
guiding Muslims’ spiritual, moral, and legal lives.
Interpretation and application*: Jurists (Fuqaha) interpret Quranic verses to derive
practical rulings and guidance.
5.2.Role of Quran in ijtihad
In Ijtihad (independent reasoning), the Quran is used as a primary source to derive
new rulings or interpretations. Jurists (Mujtahids) analyze Quranic verses,
considering:
Context*: Historical and cultural context of revelation.
Language*: Arabic language and linguistic nuances.
Principles*: Underlying principles and objectives (Maqasid al-Shariah).
By interpreting the Quran, jurists can:
Address new issues*: Apply Quranic principles to modern challenges.
Derive new rulings*: Extract new legal rulings or interpretations.
Provide guidance*: Offer guidance on matters not explicitly addressed.
6 . Qur’an is a need for supplementary sources
The Quran, while a comprehensive guide, requires supplementary sources like
Sunnah, Ijma, and Qiyas due to:
Specificity and detail*: The Quran’s general principles are elaborated upon by the
Sunnah and Ijma.
Addressing new issues*: Qiyas (analogical reasoning) helps apply Quranic
principles to modern challenges.
Consensus and guidance*: Ijma (scholarly consensus) ensures continuity and
guidance.
7. Conclusion
The Quran is considered a living source of guidance for Muslims due to its:

Timeless relevance*: Its teachings and principles remain relevant across time and
circumstances.
Universal applicability*: The Quran’s guidance applies to all aspects of life,
providing a comprehensive framework.
Spiritual growth*: It offers spiritual guidance, promoting personal growth and self-
reflection.
Practical wisdom*: The Quran provides practical wisdom and moral guidance.
Its enduring impact and applicability make it a vital source of guidance for
Muslims worldwide.