Al-Quran as a Source of Legislation

Al-Qurān as a Source of Legislation

By Ibn Abdallāh

In the Name of Allāh, Most Gracious, Most Merciful;

All praise and thanks are due to Allāh, May Allāh blessings and peace be upon His Messenger.

Al-Qur’ān is Allāh's Word through which He expressed His orders and instructions. It is raised above any possible description. Al-Qur’ān was descended upon the Messenger of Allāh (Sallallāhu `alayhi wa Sallam) - (May peace and blessings of Allah be upon him) as a revelation, and was accepted by the believers as being the essence of truth. The believers believe that it is the Word of Allāh and not the words of any of His creatures. Whosoever claims that it is the words of a human being becomes a disbeliever.

Allāh subhanahu wata’ala – s.w.t described al-Qur'ān: "And verily, it is an honourable well-fortified respected Book (because it is Allāh's Speech, and He has protected it from corruption). Falsehood cannot come to it from before it or behind it: (it is) sent down by the All-Wise, Worthy of all praise (Allāh)” [Fussilat, 41:41, 42]. The Qur'ān was also described by Allāh in this verse: "(This is) a Book, the Verses whereof are perfected (in every sphere of knowledge), and then explained in detail from One (Allâh), Who is All-Wise Well-Acquainted (with all things). [Hood, 11:1]

In fact, the verses of al-Qur’ān are very accurate, clear and obvious; they are perfected by the All-Wise and detailed by the All-Aware. This Qur'ān will remain a miraculous Book with regard to the rhetorical, legislative, scientific, and historical aspects. It will remain unchallengeable in these and other aspects till the end of the world. It is preserved from the least kind of distortion; as Allāh s.w.t said: "Verily, We, it is We Who has sent down the zikir (i.e. the Qur’an) and surely, We will guard it (from corruption). [Al-Hijr, 15:9]

The world as a whole has not got such a conclusive and comprehensive book as that contains all kinds of goodness, all the methods for guiding humanity to the Straight Path and all the means of happiness of humankind in the life of this world and in the Hereafter. Allāh s.w.t said: "Verily, this Qur’ān guides to that which is most just and right and gives glad tidings to the believers (in the Oneness of Allâh and His Messenger, Muhammad s.a.w) who work deeds of righteousness, that they shall have a great reward (Paradise). [Al-Isrā’, 17:9]

Al-Qur’ān was revealed by Allāh to his Messenger Muhammad, (Sallallāhu `alayhi wa Sallam) in order to lead the people out of the darkness of ignorance and polytheism to the light of guidance and monotheism. Allāh s.w.t said: "(This is) a Book which We have revealed unto you (O Muhammad (Sallallāhu `alayhi wa Sallam)) in order that you might lead mankind out of darkness (of disbelief and polytheism) into light (of belief in the Oneness of Allāh and Islamic Monotheism) by their Lord's Leave to the Path of the All-Mighty, the Owner of all Praise". [Ibrāhīm, 14:1]

It is through al-Qur’ān Allāh s.w.t guide mankind to the truth. Allāh promised happiness for Muslims in this world and in the Hereafter if they recite it in the way ordained by Allāh, understand its Surahs and verses, comprehend its sentences and the words, consider the limits of Allāh included therein, follow its orders, refrain from its prohibitions, adjust their way of life in accordance with the legislation included therein and apply its principles and values to themselves, their families and the communities in which they live. Allāh s.w.t said: "Those (who embraced Islam from Bani Israel) to whom we gave the Book [the Tawrat (Torah)] [or those (Muhammad's (Sallallāhu `alayhi wa Sallam) companions) to whom We have given the Book (al-Qur’ān)] recite it (i.e. obey its orders and follow its teachings) as it should be recited (i.e. followed), they are the ones that believe therein. And whoso disbelieve in it (the Qur’ān), those are they who are the losers)”. [Al-Baqarah, 2:121]

Ibn 'Abbas (radiallahu`anhu) said that the verse means: "Those are the people who follow al-Qur’ān the way it should be followed. They regard the unlawful included therein as unlawful and the lawful as lawful. They do not change the words from their (right) places." 

Qatadah said: "The reference in the verse is to the companions of Muhammad (Sallallāhu `alayhi wa Sallam)  who believe in the Book of Allāh [i.e. the Holy Qur'ān], confirm this belief in their hearts, consider it’s lawful as lawful and it’s unlawful as unlawful and act according to the instructions included therein".

The Jinn were impressed with al-Qur’ān when they heard it. Their hearts were filled with its love and they hastened to call their people to believe in that Glorious Book. Allāh s.w.t said: "Say (O Muhammad (peace be upon him)): "It has been revealed to me that a group (from three to ten in number) of jinn listened (to this Qur'ān). They said: 'Verily, we have heard a wonderful Recitation (this Qur'an)! 'It guides to the Right Path, and we have believed therein, and we shall never join (in worship) anything with our Lord (Allāh). 'And He, exalted be the Majesty of our Lord, has taken neither a wife nor a son (or offspring or children). [Al-Jinn, 72:1-3] In another place, Allāh described the reaction of the Jinn when they heard the recitation of the Holy Qur'an. Allāh s.w.t said: (They said: "O our people! Verily, we have heard a Book (this Qur'an) sent down after Musa (Moses), confirming what came before it: it guides to the truth and to a Straight Path (i.e. Islam). O our people! Respond (with obedience) to Allāh's Caller (i.e. Allāh's Messenger Muhammad (Sallallāhu `alayhi wa Sallam), and believe in him (i.e. believe in that which Muhammad s.a.w has brought from Allāh and follow him). He (Allāh) will forgive you of your sins, and will save you from a painful torment (i.e. Hell-fire)." [Al-Ahqaf, 46:30, 31]

It is because of all this, al-Qur'ān is superior to all the previous divine books. Allāh s.w.t said: "And verily, it (this Qur'an) is in the Mother of the Book (i.e. Al-Lawah Al-Mahfuz), with Us, indeed exalted, full of wisdom)." [Al-Zukhruf, 43:4] In another verse Allāh s.w.t said: "And We have sent down to you (O Muhammad (Sallallāhu `alayhi wa Sallam)) the Book (this Qur'ān) in truth, confirming the Scripture that came before it and Muhaimin (trustworthy in highness and a witness) over it (old Scriptures)." [Al-Maidah, 5:48]

The commentators of al-Qur’ān said that the superiority of al-Qur’ān to the rest of the divine books – though all of them are from Allāh – results from many things. The first advantage is that the number of its Surahs is more than the number of the Surahs in the other heavenly books. It is reported in a sound Hadith that the Messenger of Allāh (Sallallāhu `alayhi wa Sallam) was privileged with Surah Al-Fatihah and the concluding verses of Surat Al-Baqarah. On the other hand, Ad-Darami narrated in his Musnad on the authority of 'Abdullah bin Mas'ud r.a. who said: "The long seven Surahs of al-Qur’ān are equal to the Torah, the Mi'un Surahs are equal to the Gospel, the Mathani Surahs are equal to the Psalms and above all this, al-Qur’ān is superior to all heavenly books". Imam Ahmad and At-Tabarani narrated on the authority of Wathilah bin Al-Asqa' that the Messenger of Allāh s.a.w said: "I have been given the long seven Surahs instead of the Torah, I have been given the Mi'un Surahs instead of the Psalms, I have been given the Mathani Surahs instead of the Gospel and I have been privileged with the Mufassal portion". [Musnad Al-Imam Ahmed 2/107].

The long seven Surahs are six, starting from Surah Al-Baqarah and ending with Surah Al-A'raf. The scholars differed regarding the seventh long Surah, whether it is Al-Anfal and At-Tawbah together as there is no Basmalah to separate between them and thus making Al-Anfal and At-Tawbah as only Surah or it is Surah Yunus. The Mi'un Surahs are those containing one hundred verses each or more. The Mathani (oft-repeated) Surahs are of less than one hundred verses. They are called Mathani because they are repeated again and again more than the seven long Surahs and the Surahs containing one hundred verses. The Mufassal portion contains the short Surahs that come next to the Mathani Surahs. There is a difference among the scholars as regards the beginning of the Mufassal Surahs. Some said that they start from Surah As-Saffat and others said that they start from Surah Al-Fath. A third group said that they start from Surah Al-Hujurat and others said that they start from Surah Qaf. This last opinion is preferred by the two Hafizs i.e. Ibn Kathir and Ibn Hajar. There are other opinions in this regard. However, they agreed that the end of the Mufassal Surahs is the last Surah of the Holy Qur'an, i.e. Surah An-Nas.

From the characteristics of al-Qur’ān is its miraculous style. Though all the heavenly books are miraculous in these aspects; narrating the news of the unseen and detailing the rulings and judgments, however they do not contain the extraordinary method by which al-Qur’ān is distinguished. Allāh s.w.t said: "And Verily, it (this Qur’ān) is in the Mother of the Book (i.e. Al-Lawh Al-Mahfuz), with Us, indeed exalted, full of wisdom). [Al-Zukhruf, 43:4]. There is another proof confirming this fact in al-Qur’ān and that is in Allāh's s.w.t saying: "You [true believers in Islamic Monotheism, and real followers of Prophet Muhammad (Sallallāhu `alayhi wa Sallam)) and his Sunnah] are the best of peoples ever raised up for mankind" [Al-Imran, 3:110]. Al-Hafiz Ibn Kathir said that the Muslim Nation achieved this priority by virtue of the blessings of al-Qur'ān, which Allāh s.w.t preferred to all the revealed books, made it superior and Muhaimin (trustworthy in highness and a witness) of them and to abrogate and conclude them all. It is also worth mentioning that the other revealed books were revealed at once and not gradually in stages like al-Qur'an, which denotes the great care and interest attached to al-Qur'ān and to the Prophet Muhammad, upon whom it was descended. Every time a portion of al-Qur’ān was revealed, it was equivalent to the revelation of a complete book from among the previously revealed ones. [The Virtues of al-Qur’ān by Al-Hafiz Ibn Kathir. pp. 102,103]

This blessed Book, i.e. the Qur'ān, stated many of the cosmic scientific facts in the context of proving the existence of Allāh. Allāh s.w.t said: "And We have made from water every living thing. Will they not then believe?" [Al-Anbiya’, 21:30] Al-Qur'ān also urged us to benefit from every conceivable thing in this life. He s.w.t said: "Say: "Behold all that is in the heavens and the earth,"" [Yunus, 10:101] In another verse Allāh the Exalted Says: "And He has subjected to you all that is in the heavens and all that is in the earth; it is all as a favour and kindness from Him. Verily, in it are signs for a people who think deeply." [Al-Jathiyyah, 45:13]

So, it is the duty of the Muslims to contemplate the miracles of the universe and not to deprive themselves of the benefits of enjoying the fruits of these mighty powers which Allāh has put in the stores of His heavens and His earth.

It is true that the talk about al-Qur’ān may never end. It is the Book that cultivated the love of justice and consultation in the hearts of the Muslims and made them hate injustice and despotism. The motto of those who follow al-Qur'ān is: the strong faith, self-denial, altruism and mutual mercy.

Let us dedicate our time to al- Qur'ān, reciting it, understanding it, acting according to its instructions and memorizing it. This is the attitude of the believers, described by Allāh the Exalted in al- Qur'an as follows: "Verily, those who recite the Book of Allāh (this Qur'ān), and perform As-Salāt (Iqāmat-as-Salāt), and spend (in charity) out of what We have provided for them, secretly and openly, hope for a (sure) trade-gain that will never perish. That He may pay them their wages in full, and give them (even) more, out of His Grace. Verily He is Oft-Forgiving, Most Ready to appreciate (good deeds and to recompense)." [Al-Fatir, 35: 29, 30]

In these two verses Allāh, the Exalted praises those who recite His Book and combine their recitation with contemplation resulting in awareness and feeling. Undoubtedly, feeling and sensitivity lead the one reciting al-Qur’ān to act according to the rulings of the verses he recites.

For this reason Allāh, the Exalted followed up the recitation of al-Qur’ān with the establishment of prayer, spending secretly and publicly from the blessings of Allāh and then with the hope for trade-gain that will never perish. The believers believe that the reward of Allāh is better than the property they spend. Moreover, they engage in the trade that will be the reason for getting their reward and more from the Grace of Allāh as verily He is the Oft-Forgiving, the Most Ready to appreciate, the one who forgives the shortcomings and rewards the good deeds.

So, it is imperative to read al-Qur’ān with contemplation in order to comprehend the Qur'ānic sentences accurately. But if the reader is unable to understand anything from al-Qur'ān, he has to ask the people specialized in the field concerned. Allāh said: "So ask (you, O pagans of Makkah) of those who know the Scripture [learned men of the Tawrat (Torah) and the Injil (Gospel)] if you know not)." [Al-Nahl, 16:43] Studying al-Qur’ān is recommendable in all times. On the authority of Abu Hurairah r.a who said that the Messenger of Allāh (Sallallāhu `alayhi wa Sallam) said: "No people gather together in one of the Houses of Allāh [i.e. the Mosques] reciting the Book of Allāh and studying it among themselves, but tranquility will descend upon them, mercy will envelop them, the angels will surround them, and Allāh will make mention of them amongst those who are with Him. Whoever is slowed down by his actions will not be hastened forward by his lineage." [Sahih Muslim, Hadith no.2699]. It is not a must to recite al-Qur'ān in the mosque in order to attain reward. This is confirmed by the Prophet's (Sallallāhu `alayhi wa Sallam) Hadith: "No people gather together remembering Allāh s.wt without the angels surrounding them...," So, if they gather in a place other than the mosque and recite al-Qur’ān and remember Allāh, they will obtain the same reward and virtues as gathering and reciting al-Qur'ān in the mosque. The phrase "the House of Allāh" in the Hadith is not a restriction to a specific place; rather it denotes what the people are accustomed to. Based on this, gathering for reciting and studying the Book of Allāh and learning the basics of religion as well as comprehending the rulings and wisdoms interspersed in the verses in any place, whether it is the mosque or any other place, is rewarded with the best rewards. However, gathering in the mosque is better than gathering in any other place, because of the blessings and the virtues of the mosque, which are not found elsewhere.

On the authority of 'Abdullah Ibn Mas'ud (radiallāhu`anhu) who said that the Messenger of Allāh (Sallallāhu `alayhi wa Sallam) said: "He who reads a single letter from the Book of Allāh will have one good deed as a reward and every single good deed will be equated to ten good deeds. I do not consider "Alif-Lam-Mim" as only one letter but "Alif" is a letter, "Lam" is another letter, and "Mim" is a third letter" [Narrated by At-Tirmidzi, no.3075]

On the authority of 'Uthman bin 'Affan (radiallahu`anhu) who said that the Messenger of Allāh (Sallallāhu `alayhi wa Sallam) said: "The best in reward among you is the one who learnt and memorized al-Qur’ān and thereafter taught it to other people" [Sahīh Al-Bukhāri, no. 4793]. This is a concrete evidence of the virtue and the blessing of learning al-Qur’ān and teaching it. It is also an encouraging approach towards the process of studying and memorizing the Book of Allāh. Sufyan Ath-Thawri was asked about the best thing for the Muslim to do; to strive with the sword in the cause of Allāh or to read al-Qur'ān. He said that it is better for the Muslim to read al-Qur’ān because the Messenger of Allāh (Sallallāhu `alayhi WA Sallam) said: "The best among you is the one who learnt and memorized al-Qur’ān and thereafter taught it to other people". Furthermore, Imam Abu 'Abdur-Rahman As-Salmi stayed in Al-Kufa mosque for forty years teaching al-Qur'ān. Whenever he remembered the above mentioned Hadith he said that this Hadith was the main reason behind his stay in the mosque teaching al-Qur'ān.

Al-Hafiz Ibn Kathir in his book titled "The Virtues of the Holy Qur'ān" pp.126, 127 said that the main idea of the above Hadith is that the Prophet (Sallallāhu `alayhi wa Sallam) described the best of the Muslims as the one who learns al-Qur’ān and thereafter teaches it other people. Ibn Kathir stressed that these are the qualities of the believers who follow the Messengers (Sallallāhu `alayhi WA Sallam). The believers are those who are perfect in their personality and who endeavour all the time to make others attain perfection and thus they obtain benefits for themselves and cause benefit for others. This description of the believers is contrary to the description of the disbelievers who neither benefit anyone nor let others strive to obtain their own benefits. Allāh said: "Those who disbelieved and hinder (men) from the Path of Allāh, for them we will add torment over the torment because they used to spread corruption [by disobeying Allâh themselves, as well as ordering others (mankind) to do so]." [Al-Nahl, 16:88] In another verse Allāh said: "And they prevent others from him (from following Prophet Muhammad (Sallallāhu `alayhi WA Sallam) and they themselves keep away from him, and (by doing so) they destroy not but their ownselves, yet they perceive (it) not." [Al-An’am, 6:26] The most correct interpretation of this verse is that it was revealed concerning those who prevent people from following al-Qur’ān and at the same time they refrain from following it. Thus, they combine both belying al-Qur'ān and hindering people from following it. Allāh said: "Who then does more wrong than one who rejects the Ayat (proofs, evidences, verses, lessons, signs, revelations, etc.) of Allāh and turns away there from?" [Al-An’am, 6:157] This is the description of the disbelievers, which is in contradiction to the description of the believers who strive to perfect themselves and try to make others attain perfection as mentioned in the Hadith of the Messenger of Allāh (Sallallāhu `alayhi wa Sallam). Allāh described this best kind of people in this verse: "And who is better in speech than he who [says: "My Lord is Allāh (believes in His Oneness)," and then stands firm (acts upon His Order), and] invites (men) to Allāh's (Islāmic Monotheism), and does righteous deeds, and says: "I am one of the Muslims."" [Fussilat, 41:33] This kind of personage mentioned in the verse combines the qualities of inviting people for the way of Allāh, through proclaiming Adzān (the call to prayer) or by any other means such as teaching al-Qur'ān, the Hadīth of the Messenger of Allāh (Sallallāhu `alayhi wa Sallam), the Islāmic law, and other branches of knowledge which are performed for the sake of Allāh and the performance of good in word and deed. Thus, none will be better than such kind of personage.

As Allāh's Mercy includes those who recite His Book and follow the commandments included therein, it also overwhelms those who listen to it. Allāh , the Exalted said: "The believers are only those who, when Allâh is mentioned, feel a fear in their hearts and when His Verses (this Qur’ān) are recited unto them, they (i.e. the Verses) increase their Faith; and they put their trust in their Lord (Alone); Who perform As-Salāt (Iqāmat-as-Salāt) and spend out of that We have provided them. It is they who are the believers in truth. For them are grades of dignity with their Lord, and Forgiveness and a generous provision (Paradise)." [Al-Anfal, 8:2-4]

'Abdullah bin Mas'ud (radiallāhu`anhu) reported: The Messenger of Allāh (Sallallāhu `alayhi WA Sallam) said to me: recite al-Qur'ān for me. He asked: Messenger of Allāh, (how) should I recite to you whereas it has been sent down to you? He (the Holy Prophet) said: I desire to hear it from someone else. So I recited surah Al-Nisā' till I reached the verse: (How then shall it be when We shall bring from every people a witness and bring you against them as a witness?) I lifted my head, or a person touched me in side, and so I lifted my head and saw his (the Prophet's (Sallallāhu `alayhi wa Sallam)) tears falling. [Narrated by Al-Bukhāri, Hadith no.4582 and by Muslim, Hadith no.800, and by Abu Dawud, Hadith no.3668]

Imām An-Nawawi said that there are a lot of benefits in this Hadīth. The first one is the desirability of listening to al-Qur’ān attentively, weeping while listening to it and pondering over the meanings of its verses. The second benefit is the desirability of asking others to recite al-Qur’ān for the person which is more impressive than reading by oneself.

Therefore, it is the duty of every Muslim to recognize the right of al-Qur’ān and consider its limits. It is also one's duty to abide by the rules of religion during listening to al-Qur’ān and to follow the way of the Salaf (Righteous Predecessors) in reading al-Qur’ān as they are the guiding stars that should be followed and imitated in every aspect of life. They were the best examples to be followed in their perfect submission to Allāh and in their impression by the meanings of al-Qur'ān. They had strong belief in Allāh's saying: "And truly, this (al-Qur’ān) is a revelation from the Lord of the 'Ālamīn (mankind, jinn and all that exists), Which the trustworthy Rūh [Jibril (Gabriel)] has brought down Upon your heart (O Muhammad (Sallallāhu `alayhi wa Sallam) that you may be (one) of the warners, In the plain Arabic language)." [Ash-Shu’ara, 26:192-95]

It is true that al-Qur'ān, its words and meanings, is from Allāh. It is the heavenly legislation for all people and creatures, the first and the foremost source for the religious matters of Muslims, the judge solving all the problems and that which gives the final decision in all affairs. It is worth mentioning that the rulings in al-Qur’ān did not descend at once, but came gradually, in stages during the time of the Message. Some of these rulings aimed at strengthening the heart and the faith of the Messenger of Allāh (Sallallāhu `alayhi wa Sallam) and some aimed at supplying the Muslim Nation with knowledge and action. Still others were revealed on the occasions of some events that happened to the Muslims in their daily life in different times and places. Whenever something happened, certain portions of al-Qur'ān were to be revealed to give ample clarification and Allāh's judgement with regard to it. These included juridical cases and historical events that used to take place in the nascent Muslim community during the era when legislation was in its formative stage. An instance of that was the case regarding alcohol drinking.

Imām Ahmad narrated on the authority of Abu Hurairah (radiallāhu`anhu) who said that the Messenger of Allāh (Sallallāhu `alayhi wa Sallam) came to Madinah at a time when people were drinking wine and earning money by means of gambling. When they asked the Messenger of Allāh (Sallallāhu `alayhi wa Sallam) about that the following verse was revealed: "They ask you (O Muhammad (Sallallāhu `alayhi wa Sallam) concerning alcoholic drink and gambling. Say: "In them is a great sin, and (some) benefit for men, but the sin of them is greater than their benefit"" [Al-Baqarah, 2:219] When this verse was revealed, people understood that the verse did not include a clear prohibition, rather it illustrated the harms and the sins incurred by them both. They continued drinking alcohol till a day when a man from the immigrants led the Maghrib (sunset) prayer and, having drunk alcohol, committed a lot of mistakes in recitation. Then, another verse, which is somehow stricter than the above was revealed. Allāh said: "O you who believe! Approach not As-Salāt (the prayer) when you are in a drunken state until you know (the meaning) of what you utter)." [An-Nisā’, 4:43] People continued to drink alcohol except before prayers, in order to come to the prayer in full senses. Then the following verse was revealed: "O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and Al-Ansāb, and Al-Azlām (arrows for seeking luck or decision) are an abomination of Syaitān’s (Satan) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful. Syaitān (Satan) wants only to excite enmity and hatred between you with intoxicants (alcoholic drinks) and gambling, and hinder you from the remembrance of Allāh and from As-Salāt (the prayer). So, will you not then abstain?” [Al-Māidah, 5:90]

When this last verse was revealed all the Muslims said: "We abstain O our Lord". Some people asked the Messenger of Allāh (Sallallāhu `alayhi wa Sallam) about the condition of those who were used to drink alcohol and practice gambling and died before that prohibition. Then, the following verse was revealed: "Those who believe and do righteous good deeds, there is no sin on them for what they ate (in the past), if they fear Allāh (by keeping away from His forbidden things), and believe and do righteous good deeds, and again fear Allāh and believe, and once again fear Allāh and do good deeds with Ihsan (perfection). And Allāh loves the good-doers)." [Al-Māidah, 5:93] Thereupon, the Messenger of Allāh (Sallallāhu `alayhi wa Sallam) said to his Companions: "If it was made unlawful for them they would have abstained from them as you did." [Musnad Al-Imam Ahmad, 2/351,352]. On the authority of Anas bin Mālik (radiallāhu`anhu) who said that he was the cupbearer in the house of Abu Talhah (radiallāhu`anhu). When alcohol was prohibited, an announcer was ordered (by the Prophet) to declare its prohibition among people. Abu Talhah asked Anas to go out to investigate the matter. When Anas told him about the prohibition of alcohol, Abu Talhah ordered Anas to spill all the alcohol they had. Anas said that the streets of Madinah were streaming with alcohol because all the people spilt out their alcohol, which was known as Fadākh. Some people talked about the fate of those who died before it was made unlawful and used to drink it. Then, this verse was revealed: "Those who believe and do righteous good deeds, there is no sin on them for what they ate (in the past), if they fear Allāh (by keeping away from His forbidden things), and believe and do righteous good deeds, and again fear Allāh and believe, and once again fear Allāh and do good deeds with Ihsan (perfection)." [Al-Māidah, 5:93]

From all what is said above we can conclude that the prohibition of alcohol was made gradually in three stages. The first stage was when this verse was revealed: "They ask you (O Muhammad (peace be upon him) concerning alcoholic drink and gambling. Say: "In them is a great sin, and (some) benefit for men, but the sin of them is greater than their benefit"" [Al-Baqarah, 2:219]. Though this was not a decisive prohibition, those of strong faith managed to give up drinking alcohol. Then, 'Umar bin Al-Khattāb (radiallāhu`anhu) said: "O Allāh gives us a decisive ruling regarding alcohol". Then, this verse was revealed: "O you who believe! Approach not As-Salât (the prayer) when you are in a drunken state until you know (the meaning) of what you utter." [An-Nisā’, 4:43] Afterwards, Muslims continued drinking alcohol and only avoided it at the times they apprehended that the effect of intoxication would last till the time of prayer. Then, 'Umar bin Al-Khattab said: "O Allāh gives us a decisive ruling regarding alcohol". Then these two verses were revealed: "O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and Al-Ansāb, and Al-Azlām (arrows for seeking luck or decision) are an abomination of Syaitān’s (Satan) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful. Shaitān (Satan) wants only to excite enmity and hatred between you with intoxicants (alcoholic drinks) and gambling, and hinder you from the remembrance of Allāh and from As-Salāt (the prayer). So, will you not then abstain?" [Al-Māidah, 5:90] Upon listening to these two verses, 'Umar (radiallahu`anhu) said: "We have abstained."

The aim of gradual legislation was to purify the Muslim Nation from all the bad traditions and abominable habits that opposed the law of Allāh and to perfect the Muslims with the virtues of forgiveness, patience, selflessness, love, trust, kind treatment of the neighbours, justice and many other good qualities.

Allāh is the sole Legislator for His servants. He said: "The decision is only for Allâh, He declares the truth, and He is the Best of judges." [Al-An’am, 6:57] It is worth mentioning that He only legislates that which benefits people and bring about goodness and happiness in this world and in the Hereafter, regardless of whether the wisdom behind the legislation is perceived or not.

Al-Qur’ān is the first source for legislation, while the Sunnah of the Messenger of Allāh (Sallallāhu `alayhi wa Sallam) is the second source. The scholars unanimously agreed on the authority of the Sunnah as a source of legislation beside al-Qur'ān. Allāh said: "O you who believe! Obey Allâh and obey the Messenger (Muhammad (Sallallāhu `alayhi wa Sallam) and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allâh and His Messenger (Sallallāhu `alayhi wa Sallam), if you believe in Allâh and in the Last Day. That is better and more suitable for final determination)." [An-Nisā’, 4:59]. In another verse Allāh said: "With clear signs and Books (We sent the Messengers). And We have also sent down unto you (O Muhammad (Sallallāhu `alayhi wa Sallam)) the Dzikir (reminder and the advice (i.e. al-Qur’ān)] that you may explain clearly to men what is sent down to them, and that they may give thought." [Al-Nahl, 16:44]. In a third place He said: "And whatsoever the Messenger (Muhammad (Sallallāhu `alayhi wa Sallam) gives you, take it; and whatsoever he forbids you, abstain (from it). And fear Allāh; verily, Allāh is Severe in punishment." [Al-Hashr, 59:7]

In his book called I'lam Al-Miuwaqi'în 'An Rabbil-'Alamin [i.e. Informing those who give the Fatwas on behalf of the Lord of the worlds with the danger of their position] volume II, p.263, Imam Ibn Qiyim Al-Jawziyah defines the position of the Sunnah with regard to al-Qur’ān saying: "The position of the Sunnah with respect to al-Qur’ān is of three aspects. The first one is to be in accordance with al-Qur’ān in all aspects and as a result the existence of the Sunnah with al-Qur’ān in one issue will be of a reinforcing nature between the proofs. The second aspect is to be an explanation and manifestation of the rulings included in al-Qur'ān. The third aspect of the position of the Sunnah to al-Qur’ān is to clarify the obligations about which al-Qur’ān kept silent and manifest the prohibitions, which are not explained in al-Qur'ān. Bearing all this in mind, we can say that there is no contradiction between al-Qur’ān and the Sunnah of the Messenger of Allāh (Sallallāhu `alayhi wa Sallam) rather they complement each other.

So, the role of the Sunnah is to emphasize what is mentioned in al-Qur’ān of the rulings, explain the texts thereof, expound the abridged or initiate a ruling that is not mentioned in the Book of Allāh. In spite of the important position of the Sunnah, we do not turn to the Sunnah in legislation except when the proof is not found in al-Qur'ān. It is the Sunnah which explains to us that the number of prayers is five times a day, explains the number of Rak'ahs in every prayer, defines the essence of the alms giving, who is obliged to perform it, the shares thereof. It is the Sunnah that shows us the way of performing Hajj and 'Umrah and that the obligatory Hajj is once in one's lifetime. It is the Sunnah which shows the Miqats for Hajj and the number of the rounds around the Ka'bah.

Thus, it is the duty of everyone believing in the authority of the Holy Qur'ān but renounces the Sunnah to hasten to renew his faith and to return to Allāh. Allāh said: "And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship with Me) and does righteous good deeds, and then remains constant in doing them, (till his death)." [Tā-Ha, 20:82]

Both of al-Qur’ān and the Sunnah are the two sources of legislation, which have guided man to his innate nature and made of him a human being who knows his real role in life, repeating this verse all the time: "All the praises and thanks be to Allâh, Who has guided us to this, and never could we have found guidance, were it not that Allâh had guided us!" [Al-‘Araf, 7:43]

Wallāhu ‘alam

[Via Islam Web]