QURAN, FIQH AND ISLAMIC LAW
Year:2015 | Volume:1 | Issue:2|Papers Count:7

In spite of the large area of knowledge of jurisprudence, Fiqh ol- Quran exegetists have mostly referred to only about 500 verses or less which seems not to be representative of the whole jurisprudential capacity of Quran. The present article first mentions different doctrines about Ayat ol-Ahkam (verses of the revealed priscripts) and tries to provide some Vajh ol-Jam’s to justify diversities. Therefore, it is impossible to provide conclusive statistics about jurisprudential capacity of Quran and it should be considered more expansible. Next, to prove this claim some expansive principles of jurisprudential capacity of Quran are discussed including the possibility of extraction of a general rule out of particular propositions, possibility of extraction of a general rule out of a part of verse, and possibility of deduction of jurisprudential rule out of non-jurisprudential verses. Finally, some instruments to discover hidden capacities are mentioned like abrogation of feature, interpretation, and conclusive look.

Comprehensiveness and inclusiveness of all Islamic principles and foundations of Quran as well as its comprehensibility are two important features which in an explanatory view provide opportunity for further role playing of the Book. In such a perspective, Quran is considered as a light under which both divine message is received clearly and paves the way for a further great source like “Sunna”. The clear and comprehensive statement of Quran makes it a criterion for evaluation of traditions and makes it possible to differentiate among various teachings of a single Hadith and to give authenticity to the contents which are consistent with verses. Centrality of Quran in a general system of religious teachings has effective role in drawing a picture of the direction of traditions and explanation of the contents of Ahadith and provides opportunity for further enjoyment of sunna and makes it possible to consolidate among apparently inconsistent traditions. The present text aims to study the different effects of the Book on organization of Hadith teachings as well as their understanding and comprehension.

Holy verse 190 of Sura al-Baqara (Quran 2: 190) orders Muslims to fight against those who fight them and do not aggress; since Allah does not like aggressors. There are disagreements among commentators in understanding the above-mentioned verse. In spite of disagreements in exegesis of the beginning of the verse, one could understand from its ending the most important and basic principles of humanitarian law. The author of this article tries to extract some principles from this verse like “segregation and differentiation”, “coordination”, “limitation of armament”, “immunity of captive” and so forth and to show that Sunna of the Prophet (PBUH) and Ḥazrat Amir (AS) support this exegesis; therefore, all behaviors in war which are against humanitarian rules contradict explicitly to the divine revelation and prophetic and Alavid sunna.

Among sources for deduction of Islamic law, Quran, due to its immunity and definite authenticity, has a central and more important role than other sources and in addition to different doctrinal, liturgical, ethical and political matters a considerable attention has been paid to legal matters including the matter of civil responsibility. Among different matters of civil responsibility referred to in the Quran some verses provide a number of bases and evidences in the area responsibility among which prohibition of oppression, prohibition of causing loss to others, prohibition of taking possession of others unlawfully and the necessity of respecting physical, financial and spiritual rights of people can be considered Quranic bases of civil responsibility.

Attribution of unlawful relation to wife or rejection of child - child of his wife - has many legal effects and consequences. The subjects of adultery and its had (prescribed punishment), continuation of marital life, prescribed punishment for false accusation of adultery (Qadhf), as well as the legacy of father and child and sometimes legacy of wife and husband are studies under the subject of Li’an. In fact, Li’an is a useful solution for a complex problem. This institution can remove prescribed punishment for false accusation of adultery (Qadhf) and adultery, in later case it may be killing or stoning. In addition, it has other consequences like dissolution of marriage; since continuation of marital relation is not advisable and has no interest. Considering the rejection of child, in addition to dissolution of relation between father and child, it has some financial consequences like removing inheritance.

Victimology and specially prevention of victimization are the major issues of criminology which may be discussed from religious perspective. Considering the causes of victimization, verses of Noble Quran and traditions transmitted from infallible Imams have provided all individuals of the society and not merely a special group with strategies application of which can prevent from different types of physical, sexual, financial, affective, and reputational victimizations. The present text will study these strategies under the title of general strategies. In addition to improving the culture of society, Islamic teachings and specially Quranic recommendations and guides are mostly focused on the state of people’s actions to immunize themselves or their properties in order to lower criminal opportunities and finally to prevent from victimization. Analyzing numerous verses of Quran and authentic traditions makes it possible to offer theories and solutions to prevent from victimization.

Based on the Principle of Legality of Crimes and Punishments that is one of the most important principles in criminal law, there can be no crime and no punishment without a pre-existing penal law. This principle has been recognized before positive law with more emphasis and a wider range based on various jurisprudential evidences in shari’ah. According to the jurisprudential principles especially Quranic evidences, in juristic judgments (shari’ah derivative principles), exception in intellectual judgments God, because of his compassion to His servants, ought to confirm these kind of judgments by sending his prophets. From shari’ah perspective, the duties should be received by the legally competent person (mokallaf) and it not enough to be communicated only by divine legislator; because sending the prophets is not enough in itself, but it is a way to bring the messages to the servants and to give ultimatum to them. The principle of legality has some important consequences such as “non-retroactivity of criminal law”, “strict interpretation of criminal law” and “acceptance of the ignorance of the law claim”. Therefore, the Quranic and legal principles of legality of crimes and punishments, and its consequences has been discussed in the present article.