• The primary source of law in the Islamic system is the Holy Quran. It is the fundamental source from which all principles, ordinances and injunctions of Islam are drawn. The Holy Quran is the first source of law both in point of time as well as in point of importance.
• In an Islamic state, sovereignty belongs to Allah. Therefore, law made by Him is supreme which cannot be repealed or annulled by any legislature or human authority.
• The Holy Quran is the Word of Allah revealed by Him to His Prophet (PBUH) over a period of about 23 years.
• The Holy Quran is the final and complete message of Allah. It is complete because it covers all facets and provides guidance for all aspects of life (social, political, economic, religious etc.) Allah says in the Holy Quran:
• “Neither anything wet nor dry that is not contained in this Luminous Book.”
• A serious student may query as to how it is possible that the Holy Quran contains all that is ‘wet or dry’. The idea in this verse is not that the Holy Quran provides direct solutions on every matter. Rather, the idea is that the Holy Quran is a comprehensive code of general principles in which is ‘guidance’ for those who wish to search for answers. A fundamental belief in Islam is that the Holy Quran is a source of ‘guidance’ only for those who intend to search for the meaning and truth veiled beneath the Quranic general principles. Consequently, it is preferred in Islamic Law that a jurist should be Muslim because only a Muslim jurist would accept the veracity of the Divine Message of the Holy Quran.
• The following verses of the Holy Quran confirm that the Holy Book provides guidance to mankind in all walks of life:
• “(It is) an exposition of that which is decreed for mankind.” (10:37)
• “And We reveal the scripture unto thee as an exposition of all things.” (16:89)
• “Lo! We have revealed unto thee the scripture for mankind with truth.” (39:41)
Legal Nature
• The Holy Quran is not a book on every subject of the law. Rather, only a very small part of the Holy Quran is ‘law’ in the true sense of the term. This however should not distract from the fact that the laws of the Holy Quran are regarding the most important subjects that concern human life. For example, family is an important subject in the Holy Quran.
Few would disagree that the family plays a vital role in the psychological and emotional well-being of a person.
• Allah revealed the Holy Quran to Prophet Muhammad (PBUH) in Arabic—a rich language in which various shades of meaning attach to terms and concepts. On a general level, Muslim jurists agree that those Quranic verses that are legal in nature (in other words what we earlier called ‘law proper’) can be categorized as either (i) Nass or (ii) Mutashabehat. Nass are express commandments that convey a clear meaning and scope.
Mutashabehat verses on the other hand are verses whose meaning is open to interpretation. Of course, openness of certain verses to interpretation gives rise to diversity in opinion, if not outright disagreement. Some present day differences in Islam are due to the divergence in opinion over the Mutashabehat verses.
The Holy Quran as the most revered and sacred Norm of Islamic Law
• The Holy Quran is the most referred to, and most revered law making authority or norm of Islamic Law. The reverence of the Holy Quran is due to the fact that it is Allah’s speech with mankind in its purest form. No verse of the Holy Quran has been changed or modified because Allah claims to be its Protector for all times to come.
The Holy Quran is a beautiful mix of general principles and provides laws on the following areas:
• RELIGIOUS DUTIES e.g. prayer and alms giving.
• FAMILY LAWS e.g. the requirements of a valid marriage, dower, divorce.
• PENAL LAWS e.g. punishment for theft, adultery, armed robbery etc.
• INGREDIENTS OF A CONTRACT OR AGREEMENT: The Holy Quran requires Muslims to abide by their contracts because they would be made to account in the hereafter for the promises that they have made.
• LAWS OF EVIDENCE: The Quranic laws of evidence require a very high burden of proof. Consequently, it is very difficult to establish that a person has committed a crime for which he/she will be punished according to Quranic Law.
• LAWS OF WAR: The Quranic principles on the conduct of war prohibit the killing of women and children; waging a war of aggression; destroying places of domicile; and killing prisoners of war etc.
INTERNATIONAL LAW: The Holy Quran requires Muslims to honour treaties with other nations and to conduct international relations with peaceful means. This was an important development of that time because nations did not attach much importance to their treaty obligations.
Significance of the Quranic Laws:
• They are perfect, comprehensive, all-pervasive and all-embracing.
• They are eternal, un-alterable and everlasting for all times. .
• They are for all of mankind and their application is universal, not constrained by time or restricted to a particular age, group or society.
• They are humanistic in nature, in that they provide for a margin of error due to the weaknesses of human nature.
• Explicit commandments contained in the Quranic Verses cannot be changed, modified or superseded while those forming part of Mutshabehat are open to interpretation. (3:7)