_________________________________________________________

___

SUBJECT- QURAN AS A SOURCE OF

MUSLIM LAW

Supervised By:
Ms. MAMTA THAPA
(ASST. PROF. OF LAW)

NAME: TOHIJUL SAIKH

ROLL NO: 90
COURSE: LLB 3YEARS (2ND SEMESTER)
2|Page

ACKNOWLEDGEMENT

With profound gratitude and sense of indebtedness I place on record my

sincerest thanks to Ms. MAMTA THAPA Indian Institute of Legal Studies, for
his invaluable guidance, sound advice and affectionate attitude during the
course of my studies.

I have no hesitation in saying that she molded raw clay into whatever I am
through his/her incessant efforts and keen interest shown throughout my
academic pursuit. It is due to her patient guidance that I have been able to
complete the task.

I would also thank the Indian institute of Legal Studies Library for the
wealth of information therein. I also express my regards to the Library staff
for cooperating and making available the books for this project research
paper.

Finally, I thank my beloved parents for supporting me morally and guiding

me throughout the project work.

Date: TOHIJUL SAIKH

TEACHER SEGNATURE

Page 9
3|Page

TABLE OF CONTENTS
INTRODUCTION……………………………………………………………….….4
2.RESEARCH METHODOLOGY…………………………………………………....4
3.REASEACH QUESTION…………………………………………………………...5

CHAPTER-I

A.PRIMARY SOUCES……………………………………………………………..….6

B.SECONDARY SOURCE…………………………………………………………....7

CHAPTER-II
2.1 QURAN………………………………………………………..………………….…8

2.2 SALIENT FEATURES OF QURAN…………………………………………….8

CHAPTER-III
3.1 QURAN USED IN ESTABLISHMENT OF ISLAMIC LAW………….9

3.2 CRITICISM OF QURAN AS A SOURCES OF MUSLIM LAW……...9

CONCLUSION………………………………………………………………….....9
BIBLIOGRAPHY………………………………………………………………...10

Page 9
4|Page

INTRODUCTION
Muslims believe the Quran to be the book of divine guidance revealed from God
to Muhammad through the angel Gabriel over a period of 23 years and view the Quran as
God's final revelation to humanity.
Revelation in Islamic and Quranic contexts means the act of God addressing an
individual, conveying a message for a greater number of recipients. The process by which
the divine message comes to the heart of a messenger of God is tanzil (to send down)
or nuzūl (to come down). As the Quran says, "With the truth we (God) have sent it down
and with the truth it has come down."
The Quran frequently asserts in its text that it is divinely ordained. Some verses in the
Quran seem to imply that even those who do not speak Arabic would understand the
Quran if it were recited to them. The Quran refers to a written pre-text, "the preserved
tablet", that records God's speech even before it was sent down.
The issue of whether the Quran is eternal or created became a theological debate (Quran's
createdness) in the ninth century. Mu'tazilas, an Islamic school of theology based on
reason and rational thought, held that the Quran was created while the most widespread
varieties of Muslim theologians considered the Quran to be co-eternal with God and
therefore uncreated. Sufi philosophers view the question as artificial or wrongly framed.
[65]

Muslims believe that the present wording of the Quran corresponds to that revealed to
Muhammad, and according to their interpretation of Quran 15:9, it is protected from
corruption ("Indeed, it is We who sent down the Quran and indeed, We will be its
guardian.").Muslims consider the Quran to be a guide, a sign of the prophethood of
Muhammad and the truth of the religion.

2.RESEARCH METHOLOGY AND SCOPE:

A. AIMS AND OBJECTIVES

The aims and objectives of this project are to understand the Quran is the foundation of
Muslim law. One of the aims of the project is to have a comparative study on the topic,
concept of Quran is the foundation of Muslim law.

B. STATEMENT OF PROBLEM

Despite the laws and Acts, the current systems do not give an equal chance to access and
flourish. Though we have various Laws and Statutes yet essential things are missed out
and very few literates know the proper meaning and nature of Quran is the foundation of
Muslim law

Page 9
5|Page

C. RESEARCH HYPOTHESIS

This research work is an attempt to distill lessons from the concept of Quran is the
foundation of Muslim law. It is an attempt to know the concept of various terminologies
within the concept of Quran is the foundation of Muslim law.

D. METHODOLOGY OF RESEARCH

“Methodology” implies more than simply the methods the researcher used to collect data.
It is often necessary to include a consideration of the concepts and theories which
underlie the methods. The methodology opted for the study on the topic is Doctrinal.
Doctrinal research in law field indicates arranging, ordering and analysis of the legal
structure, legal frame work and case laws by extensive surveying of legal literature but
without any field work.

E. SCOPE AND LIMITATIONS

The research work discusses the key points that the Learned Court observed as well as
what is deduced after going through the research work.

F. SCOPE AND LIMITATIONS

The research work discusses the key points that the Learned Court observed as well as
what is deduced after going through the research work. Co-operative federalism under the
Indian constitution topic being very vast like ocean, the work is limited to the project
topic topic being very vast like ocean, the work is limited to the project topic.

3.RESEARCH QUESTIONS:

1.What are the major sources of Muslim law?

2.How Quran used in the establishment of Islamic law?
3.what are the criticism of Quran as a source of Muslim law?

CHAPTER=1

Page 9
6|Page

Various sources of Islamic law are used by Islamic jurisprudence to elucidate the
Sharia, the body of Islamic law. The primary sources, accepted universally by all
Muslims, are the Quran and Sunnat. The Quran is the holy scripture of Islam,
believed by Muslims to be the direct and unaltered word of Allah. The Sunnat consists of 
thereligious actions and quotations of the Islamic Prophet Muhammad and narrated
through his Companions and Shia Imams. However, some schools of jurisprudence use
different methods to judge the source's level of authenticity.
a) Major sources of Muslim law: Sources of Muslim Law are broadly categorized as
follows:
A. PRIMARY SOURCES:

1.QURAN: The term “Quran” has its roots in the Arabic word ‘Quran’ and refers to ‘the
reading ‘or ‘what ought to be read’.1

The first revelation (Wahi) came to the Prophet in 609A.D. They continued for about 23
years. These revelations were the messages of God made by Angel Gabriel. These
revelations were given out then to the people through the preaching of the Prophet. These
delivered messages were remembered and some were reduced to writings on
animal skin, palm leaves, etc. After the Prophet’s death, theses were collected,
Assembled and then systematically presented under the authority of the third
Caliph,Osman.

2) SUNNATT OR AHADIS: TRADITIONS OF THE PROPHET

In the pre-Islam Arabia, Sunnat meant an ancient and continuous usage that has been
established in the society. Sunnat literally means the
“Trodden path”.Sunnat or Ahadis means the traditions of the Prophet. It means that
whatever the Prophet said or did without the reference to God is his tradition. The
Prophets acts and words are believed to have been inspired by God and thus are treated as
internal revelations. Thus, tradition is another source of law in the language of the
Prophet. So wherever the Quran is silent, the Sunnat /Ahadis were referred to.

3) IJMA: UNANIMOUS DECISIONS OF THE JURISTS

Ijma means the opinion of the learned jurists. When persons knowledgeable in law would
agree upon a point, such consensual opinion was referred to as Ijma. Thus, Ijmais the
unanimous decision of jurists for a particular question with reference to that age or
communal legislation. It is through the tradition of the Prophet that Ijma derives its
validity and authority as a source of law. The Prophet is believed to have said that,
‘God will not allow his people to agree on an error’.

4) QIYAS: ANALOGICAL DEDUCTION

Qiyas refers to ‘measurement’ in the Arabic language. It also refers to comparing athing
in relation to a standard or ‘to establish an analogy’. Some have described

1
http://www.legalserviceindia.com/article/l302-Sources-of-Islamic-Law.html

Page 9
7|Page

it as the analogical deduction from the reason of a text to a case not actually covered by
its language. In simple words, it is a method of comparing a problem in present times to a
similar problem for which the solution is provided in the texts.

B.SECONDARY SOURCES:

1.CUSTOM

Before Islam, customary law governed Arabia. Then the Prophet abolished most of them,
as they were un-Islamic and bad. Some customs, however, were continued due to the
Prophet’s silent approval. Some were even included in his traditions. Otherwise, some
customs survived due to their incorporation in the Ijma. Customs are still applicable to
Muslims with regard to agricultural lands, charities and religious endowments. Even in
matters of wills, adoption and legacies, the customary law will apply unless a Muslim
expressly states that the Shariat should regulate them

2) JUDICIAL DECISIONS

The Privy Council decided many a case related to Muslim law. These cases continue to
have a binding force on all the High courts and the lower courts of India and
a persuasive value in the Supreme Court of India. This box of precedents will lose its bind
ing force only if the Supreme Court overrules a particular decision. Elsewhere, an opinion
seems to be forming that judges are now making the law the way the early Muslim jurists
did. Judgments of a superior Court are an authority for the lower courts. Plus
the judgements of the higher court become the law of the land and thus are binding on all
the lower courts. This is called the principle of Precedents. Law of pre-emption, validity
of gifts to minor wife, additional grounds of dissolution of marriage and even interest on
unpaid dower are few of the fields where courts have stepped in with new interpretations
or discretion on the basis of justice, equity and good conscience to develop the law
further. Many a times, legislations have overruled or negated the rules; they are still a
source of law.

3) LEGISLATIONS:

God is the Supreme legislator as per Islam. Thus, sometimes, legislative modificationsare
also treated as encroachment. Still, there are a few acts that modify or
laydown principles of Muslim law and serve as a source of law for the courts with respec 
tothe content covered by them.

CHAPTER=2

Page 9
8|Page

2.1)QURAN: It is the first & paramount/universal authority on Muslim Law. The word
Quran is derived from a an Arabic word “Qurra”, which means to read. It contains divine
revelation to the prophet , through the angel ‘Gabriel’. It is the foundation upon which the
whole structure of Islam rests.  Chapters on Quran are called ‘Sura’, & the verses are
called ‘Ayat.’ In present form this holy book contains 6237 verses called Ayat divided
into 114 chapters called Sura. Quran contains metaphysical & abstract opinion,
theological views, ethical & religious commandments of “Allah”. Quran was given to the
world in fragments, during a period of 23 years (609 to 632 A.D.). Quran was not
complied during the life time of prophet, rather it was collected & complied by ‘Abu
Bakr’, during his two years rule.

2.2 SALIENT FEATURES OF QURAN:

1) Divine Origin: The religious book has a divine origin. It is believed that these were the
words of God himself and the Prophet mere uttered these words. Thus, it is unchangeable
and its authority is beyond reproach. The Quran is the Al-furqan, the one that shows the
truth from falsehood and the right from the wrong. 2

2) First Source: It is the first and fundamental source of Muslim law and Islamic
principles. It is ultimate source of laws. 3

3) Structure: It is in form of verses, each verse is called an ‘Ayat’. There are 6237 ayats
in 114 chapters, each called ‘Sura’. The holy book is arranged topic wise with respective
titles. The first chapter praises the almighty God. Other chapters include, surat-un-nisa
(chapter relating to women), surat-ul-noor (rules relating to home-life) and surat-ul-talaq
(the rules relating to divorce)

CHAPTER=3

2
https://www.imamreza.net/old/eng/imamreza.php?id=3426
3
http://www.geocities.ws/khaiyam13/alquran.htm

Page 9
9|Page

3.1 QURAN USED IN ESTABLISHMENT OF ISLAMIC LAW: The Holy Quran,

last revealed book by God on Muhammad (P.B.U.H), is the foundation of our religion and
the fountain of Islamic law. It is a complete book for the guidance of mankind. It is
addressed to the entire humanity without any limitation of race, religion or time. It guides
the man in all spheres of life-spiritual, temporal, individual and collective.It is the first
source of Islamic law.It is said, “O you who believe Obey Allah 1 And obey the
Messenger 2 And those charged with authority among you 3 If you differ in anything
among yourselves Refer it to Allah and His Messenger4”
This verse confirms the validity of Quran as a first source of Islamic Law.The Quran
gives the basic principles and fundamental rules of Islamic beliefs and practices.

3.2 Criticism of Quran as a Source of Muslim Law:

1) Mixture of religion, law and morality: It is believed that the verses relating to law were
revealed at Medina while the ones relating to religion and mortality were revealed at
Mecca. In some places in the book, all three can’t be separated at all. Thus, the whole of
Quran cannot be source of a law, instead we refer to the 200 odd lawmaking ayats
scattered all over the book as the basic source of Muslim Law. 4

2) Different forms of legal rules: It has many categories, the ones that remove social evils
like child infanticide, gambling etc, and the ones that create specifics so as to solve daily
life legal problems as well as providing for the basis of juristic interpretations or
inferences.

3) Unchangeable: The Quran can be in no way altered or changed, thus, even the courts of
law have no authority to change the apparent meaning of the verses as it does not have an
earthly origin.

4) Incompleteness: In the 200 odd verses of law in the Quran, only 80 or so deal with the
personal law. Hence, we say that it is not a complete code of Muslim personal law; it only
lays down the basic principles. Further, on many an issue, the Quran is silent. With the
spread of Islam, the necessity arose to explain and supplement the Quran so as to deal
with the new problems of a growing Islamic society.

CONCLUSION: It may be concluded that the superstructure of Islamic

Jurisprudence is founded on Quranic verses and traditional utterance of Prophet, yet other
sources have also helped a lot in developing the sacred law in its present form. It is due to
the contribution of all the sources of Islamic law that an orderly and systematic theory of
the personal laws of Islam came into existence, which governs the Muslim community.

BIBLIOGRAPHY:
4
https://en.wikipedia.org/wiki/Criticism_of_the_Quran

Page 9
10 | P a g e

BOOKS:
 AHMED AQIL,MOHAMMEDAN LAW;26TH EDITION
 BANGIA R.K. DR;MUSLIM LAW.

WEBSITE:

 http://www.legalserviceindia.com/article/l302-Sources-of-Islamic-Law.html
 https://www.academia.edu/17756852/THE_HOLY_QURAN_AS_A_SOURCE_OF_ISL
AMIC_LAW
 https://www.mei.edu/publications/islamic-law-shariah

Page 9