Quranic Jurisprudence
Islamic law according to God’s Own words
In most of the Muslim world Islamic jurisprudence means following a set of laws based on the traditions of the organized religion which almost the whole world knows as Islam. For more information on this please see Islamic Jurisprudence — What Doest It Mean?
But what if we look to God’s laws instead?
In the Quran God gives us the perfect, most humane system of law. Far more just than any human system, it comes directly from our most Merciful Creator — the One Who knows us far better than we can ever know ourselves.
Who can be more just than the Omnipresent, Omniscient Witness to all that happens to everyone all the time — our best Advocate, and most Merciful Judge?
How is Quranic jurisprudence different from what is considered Islamic jurisprudence?
As I mentioned earlier Islamic jurisprudence is based on Islamic traditions and their interpretation rather than on the very words of Allah/God. Looking at examples of the difference may give one a bit of a shock.
Stealing as an example
As the first example, we examine the punishment for a thief. According to traditional law the thief’s hand can be severed. Sometimes this is done in stages, depending on the severity of the judge and the value of the theft. So a part of a finger may be cut off, or the whole hand.
However in the Quran we are told to mark the hand, perhaps scar or tattoo it in severe cases, or use a permanent marker in minor first time infractions, especially by juveniles. I’ve given you the Arabic here: وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُوا أَيْدِيَهُمَا جَزَاءً بِمَا كَسَبَا نَكَالًا مِنَ اللَّهِ ۗ وَاللَّهُ عَزِيزٌ حَكِيمٌ.
For the English, please see verse 5:38 in a good English translation like the one found in the app Quran Study in the App Store for iPhones — which is a fabulous app for Quran study.
How do we know that this translation is correct? The very next verse tells us that God will redeem the thief who repents and reforms. Even He will not regrow severed hands, because that is too obvious a miracle, one which will interfere with everyone’s free will choice to worship Him or not. But a man 1400 years ago, when the Quran was revealed, would have found it almost impossible to support himself with just one hand, especially if he had children to support. How would he then be redeemed?
Furthermore verse 12:41 shows us that the hand definitely should not be severed, as the same word is used for the women being entertained by the governor’s wife. They cut their hands when Joseph’s attractiveness overwhelmed them as he entered the room. Clearly they could not all have severed their own hands.
Inheritance
Inheritance is another example that is perhaps not quite as dramatic, but one that affects almost every Muslim in one way or another. The traditional understanding is that men always get twice as much inheritance as women, which actually is what is in the Quranic verse (4:11), but they ignore another injunction to write a will (2:180). Now, why would God have you right a will that says exactly what He specifies? Especially given that the will of 4:11 applies “after fulfilling any will the deceased has left, and paying off all debts”.
There are other similar examples. But looking closely at just one more seems adequate to deliver the point that God’s law in the Quran is much more just and humane than the tradition based laws of what is known as Islamic jurisprudence.
Adultery
God tells us clearly in the Quran that adultery should be punished by public lashing (24:2), and if the couple repent and reform they are to be left alone (4:16). Yet in traditional Islamic jurisprudence they are to be stoned to death, as implemented in Brunei earlier this year.
What a brutal, barbaric punishment! And how can the couple every repent and reform, as specified in 4:16, if they are stoned to death?
Truly there is no question in my mind that we must follow Quranic jurisprudence as opposed to what the world knows as Islamic jurisprudence. How can it even really be called Islamic when it goes against the actual words of God in the Quran?
As I said in Islamic Jurisprudence — What Doest It Mean? regarding the stoning of adulterers and homosexuals:
“For those of you who believe that we must follow Hadith and Sunnah, please do not think that I am demeaning you or your belief. I simply ask that you question yourselves. Would the most Gracious most Merciful, most Compassionate, Kindest possible God — our God — ever ask this of modern human beings?
“My personal answer is a resounding ‘NO’. What is yours?”
Thank you for reading this story. It presents my personal understanding. Please do consider sharing your own understanding in the responses.
