Quran As A Source of Law

The Holy Quran is a book which contains multifarious verses concerning law and jurisprudence. It is surely an encyclopedia of Laws, a legal manual and and a source of guidance for mankind.

According to Joseph Schacht, The Holy Quran deals with the following branches of law:

• Dietary Laws
• Fiscal Laws
• Laws of contracts and Obligation
• Family Laws
• Laws of Inheritance and Legacies
• Penal Laws
• Procedural Laws and Evidence
• Administration Laws
• Laws of War

It also deals with various social Laws.

The Holy Quran is a source of following laws:

1: Criminal Law
Injunctions regarding Hudud have been laid down in the holy Quran:

• Zina (surah al-Noor: 2)
• Saraqah (Theft)
• Harabah (Highway docoity)
• Qadhaf
• Irtidad (Apostasy)
• Wine-drinking
• Rebellion

The Holy Quran also gives Laws concerning Tazirat.

2. Family Laws
Laws of marriage, dower, legitimacy, guardianship, maintenance, Hiba (gift), Will, Waqf, Talaq and inheritance have been given in detail in the Holy Quran.

3. Law of Evidence
Law of Evidence has also been crystallized in the holy Quran. Adducing evidence has been made obligatory by the Holy Quran. Evidence of women is also admissible.

4. LAw of Contract
The Quran is the main source of Islamic Law of Contract. Detailed rules concerning buying and selling, riba, Amanah,Waddiah, shirkah and mudrabah, Qard-e-hasanah etc. have been given in the Holy Quran.

5. Law of torts
The Quran contains detailed laws concerning Torts against property e.g, ghasab , privacy, nuisance, homicide, Qisas, Aqilah, injuries to human body, negligence defamation, fraud, torts against women,racial discrimination, self defense etc.

6. Administrative Laws
Laws concerning judiciary, executive and legislature, head of an Islamic state, rule of law, natural justice, freedom of persons, fundamental human rights, bureaucracy, armed forces, media, central religious institutions like mosque as a place of learning etc have been given in Holy Quran.

7. Constitutional Law
The concept of State, The office of Imam or head of an Islamic state, Principles of policy and laws relating to constitutional law have been ordained in the holy Quran. The Holy Quran envisages a welfare state. It is thus an ideological state.

8. Fiscal Law
Laws regarding sources of revenue, spoil of war, Zakat, Al-jizyah, Al-Ushr, Al-khiraj, Al-fay, the khums inter alia have been laid down in the holy Quran. Thus the institution of Waqf was established because of the Quranic teachings.

9. Private and Public International Law
Laws concerning private international law e.g matrimonial laws, foreign marriage, and exclusion of foreign laws on account of public policy have been given in the Holy Quran. Islamic public international law deals with the concept of nationality or Ummah, international treaties, war (jehad), immunity of diplomats and prisoner of war.

10. Law of Blasphemy
Blasphemy is Kalima-tul-kufr and according to the Holy Quran penalty for blasphemy is death.

11. Commercial Law
The Holy Quran contains detailed commercial Laws. Rodney Wilson says:

"The Quran provide a code of Laws.
The Holy Prophet Muhammad (PBUH) had first hand knowledge of commercial Laws."

The Meccans were traders in pre-Islamic Arabia. The Holy Quran thus provided the complete guidance to the Arabs after the advent of Islam in commercial matters.

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