The Holy Quran (The First Source of Islamic Jurisprudence)

The primary source

The Holy Quran is the primary source of Islamic jurisprudence. The Quran is the book that Allah Almighty revealed to His last Prophet, Hazrat Muhammad (peace be upon him); since it is the final edition of the chain of guidance; therefore, its entire teachings and understandings must be found in uniformity in every era.

The Book of Principles

And this was possible only in this case, by defining the four boundaries of all spheres of life. Despite being short, the Holy Quran is comprehensive and contains clear orders regarding all spheres of life; but these orders have the status of principles. The Quran did not do so by explaining all the details related to the orders from the beginning; rather, the method of gradualism was adopted in it.  If, for example, all the details were explained at the very beginning and all the practical outlines were prepared,

Permanent and Universal Status

Then firstly, its constitutional position would not remain, and secondly, its permanent and universal status would be lost, and all education would be limited to a specific period, and then it would become stagnant and stagnant, and all its ability to adapt to the evolving society and absorb the needs and interests would be lost.

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For example, the Holy Quran has explained that the government will be the vicegerency and trust of Allah and that it will be necessary for every Muslim to make it possible to establish a system of justice and fairness on a consultative basis; but it has not explained in detail what kind of system this system will be and what its composition will be?

 Similarly, the Holy Quran has not mentioned every forbidden and lawful thing individually, nor has it made every partial matter related to human life a subject of discussion; rather, it has laid down principles. Now, it has left it to the scholars to draw the desired conclusions from these laid down principles and to find their causes and present their practical application according to the circumstances and times.  Maulana Amini expresses his personal opinion in this regard in these words:

Maulana Amini personal opinion

“The jurists and peacemakers of the Ummah have done remarkable work in this regard by explaining the details in detail. All of them were in accordance with the conditions of their respective times. And even today, we have the right to compile the details of the procedure appropriate to the conditions and requirements of our time in the light of these details, keeping in mind the purpose and principle. The status of this compiled details will not be definitive and permanent like the first details; rather, it will depend on the state of society and will remain for that time; as long as society allows.”

Regular Book on this Subject

Among the later jurists, Allama Shami (may Allah have mercy on him) has written a regular book on this subject and in it he has discussed in great detail the need for changes in jurisprudential details according to the conditions and times.  Below is an example from the same book by Maulana Shami (may Allah have mercy on him):

“It should be known that the issues of jurisprudence will be proven either by the explicit text (we have explained these issues in the first chapter) or by ijtihad and opinion. Most of these issues are those that the mujtahid established in accordance with the customs of his time. In such a way that if he (the religious mujtahid) were present today, he would say the opposite of his own opinion. For this reason, people have also included in the conditions of ijtihad that the mujtahid should be familiar with the customs and traditions of the people; because often the rulings change due to the differences of the times.

 Because the customs have changed. Or some new need has arisen or the people of the time have become foolish. In this case, if that first ruling remained, it would cause people pain and harm, and opposing these rules of the Sharia was in accordance with the conditions of the time; because the scholars knew that if the mujtahid himself were present today, he would say the same thing he said.”

If the Holy Quran is examined in general, the following orders have been kept in mind in it, taking into account and respecting the psychology and natural inclinations of the Islamic Ummah.

(1) An effort has been made to ensure that no such order is given that involves unbearable hardship.

(2) In view of the inclination and inclination of the people, some such orders have been prescribed which should be celebrated as national Eids and it has been permitted to celebrate and adorn oneself to the extent permissible and permissible.

(3) In performing the acts of obedience, the natural inclination and inclination have been kept in mind and all those incentives and supplications which prove helpful in this have been permitted; provided that there is no obscenity in them.

(4) Things which are naturally obscene or which make the nature feel burdensome have been disliked.

 (5) In order to remain steadfast on the truth and steadfastness, education and learning, enjoining what is right and forbidding what is wrong were given a permanent form that helps in molding the nature according to the Islamic temperament.

(6) Two degrees of commitment and permission were set in the fulfillment of some commandments; so that a person can choose whichever he wants according to his convenience.

(7) In some commandments, two different types of actions of the Messenger of Allah (peace and blessings of Allah be upon him) were mentioned and in view of the circumstances, room was made for acting on both.

(8) In some evils, it was ordered to deprive one of material benefits.

Gradual progress was kept in mind in the implementation of the commandments, that is, not all the commands were imposed at once, nor were all evils prevented.

(9) In constructive reforms, the maturity and imperfection of the national character were taken into account.

(10) Many acts of goodness were explained in full detail. This was not left to the understanding of humans, otherwise great difficulty would have arisen.

 (11) In the implementation of some rulings, circumstances and interests were taken into account, and in some, individuals and temperaments were taken into account.

Thus, the Holy Quran, which is the primary source of Islamic jurisprudence, provides us with ample guidance on the above principles.