General Content of The Qur'aan
General Content of The Qur'aan
General Content of The Qur'aan
Qur’aan
Introduction To Islamic Law II
Dr Alias Azhar
UUM-Colgis
Qur’anic Fields of Study
The body of information contained in the
Qur’aan, as a whole, may be grouped
under three headings with regards to the
fields of study to which they are related:
First: Information related to Belief in
God, His angels, His
scriptures His prophets, and the affairs
of the next life. These
topics are covered within the field of
study known as theology
(‘Ilm al-Kalaam of al-‘Aqeedah)
Second: Information related to
deeds of the heart and soul,
and moral principles and rules of
conduct aimed at the
development of nobility of
character. These areas represent the
field of moral science known as
ethics (‘Ilm al-Akhlaq).
Third: Information related to deeds
of the limbs and
contained within a body of
commandments, prohibitions and
choices. This group represents the
field of law.
Legal Content of the Qur’aan
Islamic legislation in the Qur’aan is
comprised of a variety of acts which have
been enjoined by divine decree on
mankind. These acts may be grouped in
two basic categories with regard to the
parties involved in the acts:
A. Dealings between Allaah and
men.
These are the religious rites which are not
valid without correct intentions. Some of
them are purely religious forms of worship,
like prayer and fasting; while others are
socio-economic forms of worship,like
Zakaah (compulsory charity); and yet others
are sociophysical forms of worship, like Hajj
(pilgrimage to Makkah). These four acts of
worship are considered the foundation of
Islaam after faith (Eemaan).
B. Dealings among men.
The laws governing these dealings may
themselves be divided into four sub-
sections relative to the subject matter of
the dealings:
a) Laws ensuring and defending the
propagation of Islaam.
These, are embodied in the codes of
armed or unarmed
struggle (Jihaad).
b) Family laws for the development
and protection of the
family structure. These include laws
concerning marriage,
divorce and inheritance.
c) Trade laws governing business
transactions, rental
contracts etc.
d) Criminal laws specifying
punishments and or
compensations for various crimes.
The Basis of Legislation in the
Qur’aan
The Qur’aan itself announces that it was
revealed to reform human conditions.
Islaam did not erase all pre-Islamic
customs and practices. Instead, it removed
every facet of corruption and cancelled all
customs which were harmful to the
society.
Forbade interest
because it takes unfair advantage of
the less fortunate
members of society; fornication was
forbidden due to its
exploitation of women and the
destruction of family bonds;
alcohol was prohibited because of
the physical,
psychological and spiritual damage
which it inflicts on both
the individual and society as a
whole
Trade practices were
reformed by making the basis of
trade mutual consent, and by
disallowing all deceptive business
transactions.
The existing
system of marriage was organized by
confirming certain forms
and prohibiting others which were, in
fact, fornication of
something close to it. The basis of
divorce was also
recognized, but its pronouncements
were limited.
Allaah says in the Qur’aan:
al-A’araf:7:157
“It commands them to do
righteousness and
prohibits them from evil, and it
makes
allowable to them the good things and
makes
and makes forbidden to them all filth.
Enactment Of Laws
The Qur’anic revelations have taken into
consideration the following FOUR basic
principles:
1. The Removal of Difficulty.
“Allaah does not burden a soul with more
than it can bear.” Soorah al-Baqarah (2):
286.
“Allaah wishes for you ease and He does
not wish difficulty for you.” Soorah al-
Baqarah (2): 185.
“He did not make any difficulty for you in
the religion.” Soorah al-Hajj (22): 78.
“Allaah wishes to lighten the burden for
you, for man was created weak.” Soorah
an-Nisaa (4): 28.
the consumption of prohibited substances
(e.g., pork and alcohol) in cases of dire
necessity was also permitted.
“But if anyone is forced by hunger,
with no inclination to transgression,
Allaah is indeed Oft-forgiving, Most
Merciful.”Soorah al-Maa’idah (5): 4.
2. The Reduction of Religious
Obligations.
A number consequence of the previous
principle is that the total number of legal
obligations should be relatively few.
Accordingly, the prohibited acts and
substances in Islamic legislation are quite
few in comparison to those which are
allowed by direct command or by the
absence of any command of prohibition.
After completing the prohibited
Allaah states, categories, Allaah says,
“Prohibited to you are “Except for these, all
your mothers, your others are lawful,
daughters, your sisters provided you seek them in
and your aunts…” Soorah marriage with a dowry
an-Nissaa (4): 23 and not for fornication.”
Soorah an-Nissaa (4): 24.
Marriage
The forbidden categories are The permissible foods.
also listed in detail.
Foods
Forced To Take Forbidden
The sin of one who is forced to take
forbidden substances has also been lifted, as
was mentioned previously. Allaah states this
concession in a number of places in the
Qur’aan. For example:
“But if anyone is forced by necessity,
without willful disobedience, nor
transgressing due limits, there is no sin on
him. For Allaah is oft-forgiving, Most
Merciful.” Soorah al-Baqarah (2): 173
Limitation Of Details
The Qur’anic treatment of business
transactions.
“Oh you who believe, fulfil your
contracts.” Soorah al-Maa’idah (5): 1.
“Allah has made trade lawful and
prohibited interest.” Soorah al-Baqarah (2):
275.
“Oh you who believe, do not eat up you
properties amongst yourselves unfairly.
But there should be trade by mutual good-
will.” Soorah an-Nissaa (4): 29.
3. Realization of Public Welfare
The laws of Islaam were primarily enacted
for the general good of all mankind, the
Prophet (s.w.) was a universal prophet sent
to all people till the end of time . Allaah
stated that in the Qur’aan in no uncertain
terms:
“We have not sent you but as a universal
messenger to mankind, giving them glad
tidings and warning them (against sin),
but most people do not realize it.”As-
Saba’34:28
Naskh (Abrogation)
The existence of abrogation within
Islamic legislation is among the
manifestations of human welfare
considerations in Islamic legislation. God
may prescribe a law suitable to people at
the time of its enactment, or it may serve
a particular limited purpose
Mourning Period
The widow’s mourning period was originally
a full year
Qur’aan states:
“If any of you die and leave widows
behind, a bequest of a year’s maintenance
and residence should be made for their
widows. But it they leave the residence,
there is no blame on you for what they do
with themselves, provided it is reasonable.
And Allaah is exalted in power, wise.”
Soorah al-Baqarah (2): 240.
Then the waiting period was reduced to four
months and ten days.
“If any of you die and leave widows
behind, they shall wait concerning
themselves four months and ten days.
When they have fulfilled their term, there
is no blame on you if they dispose of
themselves in a just and reasonable
manner. And Allaah is well acquainted
with all that you do. Soorah al-Baqarah (2):
234.
Fornication
Originally, the punishment for the crime of fornication
and adultery, as well as other sex crimes like
homosexuality, was the confinement and punishment
of offenders in their homes until they became
repentant and sought to reform themselves.
“If any of your women are guilty of sex crimes,
take the evidence of four witness from amongst you
against them. And if they testify, confine them to
houses until death claim them, or Allaah ordain for
them another way. If two men among you are
guilty of sex crimes, punish them both; but if they
repent and make amends, leave them alone. For
Allaah is Oft-returning, Most Merciful.” Soorah an-
Nisaa (4): 15&16.
This law was later abrogated in the Qur’aan
by the setting of a particular exemplary
punishment.
“Flog the woman and man guilty of
fornication one hundred lashes. And, if
you believe in Allaah and the Last Day, do
not let compassion move you in their case
for it is a matter decided by Allaah. And
let a group of the believers witness the
punishment.” Soorah an-Noor (24): 2.
4.The Realization of Universal
Justice.
Islamic legislation considers all humans
the same with regards to their obligation
to submit to the divine laws and in their
responsibility for breaking them. The laws
mentioned in the Qur’aan are all general,
making no distinction between one group
or another.
“Allaah has enjoined justice and
righteousness.” Soorah an-Nahl (16): 90.
“Allaah commands you to return your trusts to
whom they are due, and when you judge
between one man and another, that you judge
justly.”Soorah an-Nisaa (4): 58.
“Oh you who believe, stand out firmly for
Allaah as witnesses to fair dealing. And do not
let the hatred of a people cause you not to be
just. Be just: for it is closer to piety, and fear
Allaah for verily Allaah is well aware of
whatever you do.”Soorah al-Maa’idah (5): 9.
Conclusion
In order for Islamic legislation to achieve
its goal of reformation, it has enacted a
series of legal commandments and
prohibitions, which make up the rules of
conduct governing the social system of
Islaam.
Whatever Islaam confirmed is considered
an integral part of the divine code for the
following reasons:
a) Some of the practices were inherited from
earlier generations to which prophets had
been sent. A good example of this is Hajj
which was instituted by prophet Abraham
and Ishmael.
b) Islamic principles do not contradict human
reason nor are they unintelligible. Instead
they free the human intellect from
irrationality. Consequently, they recognize
the useful results of human intellectual
activity.
c) If the confirmed practices were not
present, Islaam would have instituted
them due to the existing human need for
them.
TQVM