Q.3 Significance of the holy Quran in legislative domain of islamic law cannot be over-emphasized.Explain legislative verses of the holy quran with specific reference to muslim family law. 2018
The Quran is the central religious text of Islam and is considered to be the literal word of God as revealed to the Prophet Muhammad. It is a source of guidance and inspiration for Muslims in all aspects of their lives, including the formulation of Islamic law. The Quran contains many legislative verses that provide guidance on various aspects of Muslim family law, such as marriage, divorce, inheritance, and child custody.
One of the most significant legislative verses in the Quran related to Muslim family law is Surah An-Nisa, which provides guidance on marriage, divorce, and inheritance. In verse 3, the Quran states, “And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one or those your right hand possesses. That is more suitable that you may not incline [to injustice].”
This verse lays down the conditions for polygamy and emphasizes the importance of justice and fairness in marriage. It also highlights the rights of women, particularly orphan girls who may be vulnerable and in need of protection.
Another significant legislative verse related to Muslim family law is Surah Al-Baqarah, which provides guidance on divorce. In verse 229, the Quran states, “Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah. But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself.”
This verse emphasizes the importance of treating divorced women with kindness and fairness and highlights the need for both parties to respect the limits set by Allah. It also lays down guidelines for the payment of alimony and the return of dowry after divorce.
Finally, Surah An-Nisa contains several verses related to inheritance, which is a key aspect of Muslim family law. In verse 11, the Quran states, “Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two-thirds of one’s estate. And if there is only one, for her is half. And for one’s parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one-third. And if he had brothers [or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children – you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.”
This verse provides clear guidance on the distribution of inheritance among family members, emphasizing the importance of fairness and equity. It also highlights the obligation of Muslims to respect the limits set by Allah in matters of inheritance.
In conclusion, the Quran contains many legislative verses that provide guidance on various aspects of Muslim family law. These verses emphasize the importance of justice, fairness, and equity in marriage, divorce, and inheritance, and provide clear guidelines for Muslims to follow in these matters. As such, the Quran remains a crucial source of guidance and inspiration for Muslims in the formulation of Islamic law.
