The Firs Source of Law In Islam

THE QUR’AN:
THE FIRST SOURCE OF LAW
By: Masyhudi Muqorobin / G-9410276b


INTRODUCTION

الحمدلله الذى أنزل علىعبده الكتاب ولم يجعل له عوجا
قيما لينذر بأسا شديدا من لدنه ويبشر المؤمنين الذين يعملون الصلحت أن لهم أجرا حسنا

Praise be to Allah, who hath sent to His servant the Book, and hath allowed therein no crookedness. (He hath made it) Straight (and Clear) in order that He may warn (the godless) of a terrible Punishment from Him, and that He may give Glad Tidings to the Believers who work righteous deeds, that they shall have a goodly Reward.
(al-Kahf/18: 1-2)

The Qur’an (al-Qur’an) is a sacred book revealed by the Angel Gabriel from Allah cazza wa jalla to the Seal of the Prophet, Muhammad peace be upon him (PBUH). The main purpose of Its revelation is of providing the Light, to lead those who have faith from the depth of the darkness (al-Baqarah/2:257). By the use of guidance in the Qur’an, one is able to judge and differentiate between the right and wrong (al-Baqarah: 185). There is no doubt in the Qur’an (al-Baqarah: 2), and indeed Its truth and Its spiritual miracle, with respect to both content and form, have remained unchallenged (al-Baqarah: 23), since It constitutes a mucjizah of the Prophet (PBUH) in expounding the Truth to human being. It has been proven to enable of mobilising people to recite and learn the lessons from It. On the other hand, the purity of the text of the Qur’an is directly guarded by Allah (al-Hijr/15: 9). It will therefore be free from corruption, something which does not happen to other Kutub. The whole text was gradually revealed and written during the prophethood of Muhammad (PBUH), in plain Arabic speech (al-Shucara’/26: 195).
The word nazala, in the passive form, literally means “sent down”, is used as some Muslim believe that the Qur’an was sent down by Allah from a certain place that is only known by Allah, named lauh al-mahfudz (al-Buruj/85: 22). Some others take the meaning of lauh al-mahfudz (preserved tablet) as the mushaf that is guarded by Allah for an eternal message as above explained.
The Qur’an consists of approximately equal length of 30 ajzac (plural of juzc) or parts and unequal length of 114 suwar and more that six thousands ayat (verses). After the opening surah (al-Fatihah), the suwar (plural of surah) are arranged in order of length, from the longest (al-Baqarah) to the shorter at the end, irrespective of the order of revelation of the suwar/ayat. The first group of ayat, (al-cAlaq/96: 1-5) was revealed during Ramadhan, when the Prophet was performing contemplation in the cave of Hira, and the last verses were at the time of hajjah al-wadac (farewell pilgrimage) in Mecca.
Islam introduces the Qur’an as the basic principle and the first source of its Sharicah, followed by the Sunnah of the Prophet (PBUH), that are considered supplementary to, and explanatory of, the Qur’an.

NAMES AND THE MEANING OF THE QUR’AN
The literal meaning of the Qur’an is “the reading”, “the recitation/recital”, as given from Allah:
ان علينا جمعه وقرأنه 5 فاذا قرأناه فاتبع قرأنها
It is for Us to collect it (the Qur’an) and to Recite it. But when We have recited it follow thou its recital (as promulgated).
(al-Qiyamah/75: 17-18).

This is the name that the Qur’an itself launches through some verses. This name is given only to the Book that was revealed to the seal of the Prophet Muhammad (PBUH).
It also has several popular names that Allah gives as follows:
• “The Book” or Al-Kitab (al-Baqarah: 2), “This is the Book (الكتاب); in it is guidance sure, without doubt, to those who fear Allah.” Both names are synonimous.
• “The Criterion” or al-Furqan, (al-Furqan/25: 1), means the criterion to judge clearly between right and wrong. “Blessed is He who sent down the Criterion (الفرقان) to His servant, that it may be an admonition to all creatures.”
• “The Remembering/Reminder” or al-Dhikr, (al-Nahl/16: 44) to clearly remind human being to follow the right path and avoid from the path of satan. “... and We sent down the Reminder (الذكرى) unto thee ...”
Some ather names, which are attributable to the functions and meanings of revelation of the Qur’an unto all human being, also appear in several verses, such as the Proof or Burhan, (al-Nisa’/4:174); the Light or Nur, (al-Ma’idah/5: 15); the Guidance or al-Huda ,al-Baqarah: 185); the Guardian (of the previous Books) or al-Muhaimin, (al-Ma’idah: 48); the Blessing or al-Mubarak, (al-’Ancam: 155); the Mercy or al-Rahmah,(al-Naml/27: 77); the Healing (of the hearts) or al-Shifa’, (al-Fussilat/41: 44); the Instruction/Admonition or al-Maucidzah, (Yunus/10: 57); the Statement/ Explanation or Bayan, (Ali cImran/3: 138); and the Message Balagh, (Ibrahim/14: 52).
Generally speaking, the Qur’an comes to the universe bringing the Glad Tiding (Bashir) to rewards those who beleive in and fear Allah, and giving the Warns (Nadzir) to those who are not in the right way. Therefore to the beleivers, the Prophet reminded them to always follow what the Qur’an (and the Sunnah) have instructed, as his saying:
تركت فيكم أمرين لن تضلوا ما ان تمسكتم بهما
كتاب الله وسنة رسوله
“I bequethed to you two things that you do not stray (from the true way) while are holding both things. Those are the Book of Allah and the Sunnah of the Prophet.”

A BRIEF HISTORY OF ITS REVELATION AND COLLECTION
Soon after doing tahannuth (contemplation) and receiving the first wahy in the cave of Hira, Muhammad, who was then being conferred to be a Prophet, went home for having a rest and for sharing his experience with Khadijah, his wife, in fear and trembling. He started to invite the people around him to the way of Allah, after revelation of the second wahy, when he was lying down in his mantle (al-Muddaththir/74: 1-7).
As noted earlier, revelation of the Qur’an took the gradual form. The graduality (tanjim) in revealing the Qur’an was to provide the Believer a number of following advantages:
a. For being clearly understood and easily applied. It is difficult to follow the command and avoid the prohibition, if it was sent down all at once.
b. (To those who are in agreement of their existence), the Qur’an consists of abrogating (al-nasikh) and abrogated (al-mansukh) portions, which are impossible to be revealed at the same time.
c. Some parts of the Qur’an are related to particular issues for being answer to those enquiries or being acceptance/rejections of the opinion or action of the companions.
d. In relation to the particular events, graduality was of facilitating continuous contact and of updating spiritual strength to the heart of Believers.
e. Being easily memorized (al-Furqan/25: 32).


The revelation of beginning of the surah al-Muddathir signed a starting point for the Prophet to deliver his Message and proclaim the call for Islam, on the basis of the Qur’anic teaching. He and his life to be dedicated to Allah in the absence of material reward or even appreciation was to be expected from the people, but quite contrary, there would be much call on his patience, but would arise the good pleasure of Allah. For a few years, he made no public proclamation, but communicated the message privately to his close relatives. The Qur’anic discourse was at that time held at Daar al-Arqam. “the House of Arqam, one of the companion of the Prophet”,
Having obtained sufficient followers for about three years, the Prophet (PBUH) started a public preaching to spread Islam under the guidance of the Qur’an, which had been gradually revealed. The advantages of graduality as mentioned above seemed to be felt by the Companions in conjunction with major aspects of their life. The ban of drinking wine is among the popular example of these benefits . Another good example, as also introduced by Umer Chapra, is on prohibition of riba (interest) in commersial and economic aspect. There are four verses dealing with riba that had been revealed in separate occations. The first one, (al-Rum/30: 39), in Makkah, emphasized disadvatage of interest and superiority of zakat. The second, (al-Nisa’/4: 161) in the early period of Madinah, discussed the historical background of forbidding interest related to the Jewish society. The verse “Ali cImran/3: 130”, which clearly prohibits riba, followed the second verse. The fourth, (al-Baqarah: 175-281) then completed the prohibition of riba to the Muslim society.
As widely understood that the Companions were ordered to memorised as the Prophet had done. He also asked to write down the Divine revelation ( the wahy) on several pices of papyrus, flat stones, leaves, ribs of animals, leather, wooden boards, as well as in the hearts of the Muslims. Avoiding the overlapping, he demanded the Companions not to write his tradition (Sunnah/Hadith). During the lifetime of the Prophet the Qur’an had not been assembled into a single place. It was the period of Abu Bakr the Caliph that they were compiled into a single bulk of so-called mushaf, the place of suhuf (sheets).
Experiencing the war of Yamamah, where many of the qurra’ (readers of the Qur’an) and sometimes also called the huffadz (the memorisers) werefound as shuhada’ (martyr) during the battles, and in the face of fear of the lost, Umar ibn al-Khattab therefore counseled Abu Bakr (the First Caliph) to make a collection of the Qur’an. Abu Bakr firstly rejected but later gave an approval and commissioned Zaid ibn Thabit, the former secretary of the Prophet, to be “in charge” in leading the task force.
The mushaf of the Qur’an prepared by Zaid was then kept by Abu Bakr. Umar, the second Caliph, took over the task of keeping the mushaf when he succeeded the First Caliph until the end of his life. His daughter Hafsa then bequested to keep it for a certain time.
During the Caliph of Uthman ibn al-cAffan, again the small committe was form, and also led by Zaid, to unify the diferent versions in way of recitation and to multiply the mushaf for being distributed to all the provinces. It is beleived that the so-called mushaf al-Uthmaniy becomes the standard compilation that we have known today.
With regard to the way of revelation, the information which comes to us expounds that there were several ways by which the wahy had been revealed, as experienced by the Prophet during approximately 23 years:
a. As happened at the first revelation, the Angel Gabriel looked like a gentleman teaching him until he was capable of reciting and of memorising the verses.
b. The Divine revelation was being breathed into the Prophet’s heart without any feeling and indication before.
c. As a matter of belief, Gabriel was seen by him in the original form in Sidrah al-Muntaha (al-Najm/53: 13-14).
d. The wahy came and accompanied by noisy sound of tinkling of bells. It was considered the hardest way of revealing verses felt by the Prophet. He often felt pain as a person having a high fever during revelation.


THE QUR’AN: THE SOURCES OF KNOWLEDGE
The first revelation, as previously mentioned, have encouraged the Muslims to seek after the knowledge, learn the unknown things, that Allah subhanahu wa tacala has taught. The words “teach” and “knowledge” come from the same root (علم), and it is not easy to get complete translations of these words. However, the words “read (قرأ)”; “teach (علم)”; “pen (قلم)”, which implies reading, writing, books, research, study, etc.; and the words “knowledge”(including science, self knowledge and spiritual understanding) and “proclaim” can be alternative meanings for the word (قرأ).
The injunctions of learning and thought was repeatedly spelled out in various verses and in different form of commands. In order to be “Men of Wisdom/ Understanding” (أولوالألباب), men are to explore the universe by the use of both spiritual and intellectual excercises (الذكر and الفكر) in every aspect of his life (Ali cImran: 191-192), Allah will, therefore, differentiate them from those who do not wise and do not understand (az-Zumar/39: 9). The final achievement of the ulu al-bab, who have faith and been granted knowledge, is nothing but Allah will rise up to (suitable) ranks/degrees (al-Mujadilah/58: 11).
For the purpose of exploring the knowledge (and sciences), Allah has provided the Qur’an as the tools of analysis and exploration to be developed, due to developing the stages of human being from time to time. Muslims must firstly derive every knowledge on the basis of the Qur’anic teaching. The historical evidence has become the proofs of the process of intellectual reasoning to find the truth through knowledge.
During the “Golden-Era“ of Islam, the knowledge was categorised under four major division as follows:
i. The knowledge of language (العلوم الغة).
Including in this knowledge are the Nahw and the sarf (grammar); and the balaghah (the art of the Qur’an).
ii. The knowledge of Sharicah (العلوم الشريعة).
It has several branches such as: The Tafsir, the Hadith, al-Fqih, Usul al-Fiqh, the Kalam.
iii. The history (العلم التاريخ)
iv. The Hikmah (الحكمة) and philosophy ( ( الفلسفة
Other knowledge that yet not been classified come under this category, that are: the logic (mantiq); natural sciences (including chemistry, medcine, pharmacy, agriculture, animal husbandry, etc.); the exact sciences (including accounting, algebra, Geometrics, mechanics and geography); and theology and metaphisycs

The Social Sciences and Humanity should fall under the second category, on the basis of Usul al-Fiqh’s methodology. The Fiqh itself consists of fiqh al-cibadat (devotional matters), fiqh al-mucamalat (commercial transactions), fiqh al-munakahat (merriage and other family matters), and al-cuqubat/al-jinayat (crimes). It can also be developed into fiqh al-siyasah (politics) and some other matters. See Figure 1.

Although the Qur’an is not a mere scientific text-book, it is also enriched by historical proofs which inform the human being the predictive power of its verses, one property of science. The story of war between two super power at that time, Roman and Persian Empires, is among the well-known example (al-Rum/30: 1-6).

ISLAMIC
KNOWLEDGE/SCIENCES
(ON THE BASIS OF QUR’AN)



SCIENCE OF SCIENCE OF HISTORY SCIENCE OF
LANGUAGE SHARICAH HIKMAH &PHILOSOPHY
- the Nahw - the Tafsir - the Logic
- the Sarf - the Hadith - the Natural Sc’s:
- the Balaghah - the Fiqh: + Chemistry
- etc. + cIbadah + Medicine
+ Mucamalat + Pharmacy
+ Munakahat + Agriculture
+ cUqubat + Animal Hus’dry
+ Siyasat - the Exact Sciences:
- Usul al-Fiqh + Mathematics
- the Kalam + Algebra
- etc. + Geometry
+ Geography
+ Mechanics
+ Astronomy
FIGURE 1: Category of Knowledge in Earlier Islam + Geometry
- Theology
+ Metaphysics
- etc.

The “miraculous” (icjaz), or “Inimitability” (in the word of Kamali) , of the Qur’an is indicated by the properties which is unable of being distinguished from the scientific properties. As Kamali discussed, five of these properties, that also confirm to categories of knowledge above said, are as follows:
i. Its linguistic excellence.
ii. The historical evidence found in It.
iii. Its accurate prediction (as above).
iv. Its scientific truth concerning the creation of man, the earth and the planetary system.
V. Social, humanitarian, legal and cultural reforms that were unprecedented in the history
of nation introduced by It.

INTERPRETATION AND ABROGATION OF THE QUR’AN
There is a controversy in the issue of abrogation of the Qur’anic verses, that has also been used by some Orientalists to mislead the Muslims from the Qur’anic teaching.
Basically, the discussion on abrogation (naskh) is only due to the same level of source, suppose in this context, al-Qur’an by al-Qur’an. The unanimous opinion of ‘ulama is achieved that there is no abrogation of a certain source by the lower level of sources, as they are to confirm with the higher level. Therefore, abrogation to the Qur’an, if so, could only occur at the time of the Prophet or during revelation of the Qur’an. In accordance with its space and scope,this paper is not to discuss widely the issue of abrogation, rather to supplementorily touch it to give a little additional feature. However, the final remark of this paper on it is given by the quotation of final remark by Abdullah Yusuf Ali in his notes on verse al-Baqarah/2: 106, (“None of Our revelation do We abrogate or cause to be forgotten. But We Substitute something better or similar...”),:
“.... In iii. 7 we are told distinctly about the Qur’an, that some of its verses are clear (and of established meaning), and others are not entirely clear, and it is mischievous that are not entirely clear and to follow them (literally). On the other hand, it is absurd to treat such a verse as ii: 115 as if it were abrogated by ii: 144 about the Qibla.”

The discussion is now turning to interpretation of the Qur’an. Interpretation can take two forms, namely tafsir and ta’wil. Following Kamali translation, the words “explanation” and “(allegorical) interpretation” are respectively used here. Both are used in order to clarify the law and to discover the intention of the Lawgiver in light of indications.
Tafsir, or the “exegesis” in Mahmassani’s translation, is aimed at explaining the meaning of the text and deducing the law from it within the confines of its words and sentences. Tafsir can come from different verse of the Qur’an (تفسيرالقرأن بالقرأن) or from the Sunnah/Hadith (تفسيرالقرأن بالحديث), that then constitute an integral parts of the law, Tafsir al-tashrici. All explanations, including ta’wil that go beyond this are considered to be ijtihadi.
On the other hand, ta’wil goes beyond the lieral meaning of the words and sentences and read into them a hidden meaning which is commonly based on speculative meaning and ijtihad. The ulama of usul have defined it as departure from the “manifest” ( dzahir) meaning of the text .
Kamali enlists four conditions of ta’wil to ensure its property:
i. There is evidence that warrants its application and it is not mere personal opinion.
ii. The word(s) of the text are open to interpretation.
iii. The word(s) have a propensity to its interpretation.
iv. The interpreter is qualified in conformity with the rules of the language and customary
or juridical usage.

LEGAL VERSES AND THE FUNDAMENTAL PRINCIPLES OF ISLAMIC LAW
For further analysis of the Qur’an with respect to the aim of the paper, in order to expound its contents from the perspective of Fiqh and Usul al-Fiqh, the discussion can be expanded into explanation of the verses. For this, Kamali’s Principles of Islamic Jurisprudence which illustrates several views, is also quoted here, to classify 350 legal verses in the Qur’an as approximately as follows:
i. 140 on devotional matters such as salah, zakat, siyam, hajj, jihad, etc.;
ii. 70 on marriage, divorce and other family matters;
iii. 70 on commercial transaction (mucamalat)
d. 30 on crimes and juveniles, murder, highway robbery, etc.;
e. 30 on justice, equality, rights, obligations and other matters.
f. 10 on welfare and other economic problems

Regardless of the agreement (or atherwise the dispute) to the exact amount, these verses constitute the basis of fiqh al-Qur’an or the juris corpus of the Qur’an. Weeramantry, who seems to represents most Orientalists’ views, is in the agreement that the Qur’an is more authoritative, even spells it as a single source of the highest law, compared to any other book of statutes, since it is the very words of God.
It must be borne in mind, that the Qur’an is a source of law but not the law Itself, by means that It consists of an exposition of general principles, although in certain areas, It also provides specific details. As a source of law, the Qur’an is aimed, according to Iqbal, at attaining the great consciousness of mankind about his relationship with the Creator (Allah) and the universe. In the words of Shaltout, “It does not determine the detailed parts of Sharicah, as to conduct the activities (mucamalat) among people, rather
to provides general principles for guidance of human being to achieve the harmony of life.”
Therefore, following Harjono, there will be no room for possibility of abrogation among the verses in the Qur’an. This conclusion will automatically support the answer to the questions on abrogation as previously discussed.
Moreover, Harjono expounds several characteristics of Qur’anic legislation in relation to nature of universality and generality of the Qur’an:
i. The Qur’anic verses tend to provide general rule rather than come into details.
Ii. The verses indicating obligations do not go beyond human capability.
Iii. Presumption (dzann) is unable of being the bases in determining the law.
Iv. The verses concerning the determinatioon of law are always in consideration with the
Muslim society (at the time of revelation, shown by the graduality in it).

The methodology of Islamic law then illustrates the structure that places the Qur’an in the top of all sources and followed by the Sunnah, to be an integral part of the Sharicah. Out of these two, that are also known as the “text”, there has been developed two other sources which are acceptable by majority of the jurists (and of the whole Muslims), that are “Concensus of Opinion” (Ijmac/الأءماع) and “Analogical Reasoning” (Qiyas/القياس. )
It is not avoidable that there has been disagreement concerning interpretation of the text (both Qur’an and Sunnah), ways and means in which the Sunnah has been ascertained and also prerequisites of its acceptance. Further consequences, the acceptance of the derived (third and fourth) sources by the jurists. Therefore some other sources emerged on the spirit of at least the first and the second sources. They are “Equity Preference” (istihsan/الأستحسان), “Public Interest” (al-masalih al-mursalah/ المسالح المرسلة ), “Custom” (cUrf/العرف), “Presumption of Continuity (Istishab/الأستسحاب), “Blocking the Means (Sadd al-Dhara’ic/السد الذرائع) and others.
Figure 2 gives an illustratation of such a methodology which is extracted from Kamali’s and Mahmassani’s passages.
These various scondary sources may either directly be derived from the text, or otherwise by the use of intermediate ways of the first derived sources, as indicated by arrows.













THE QUR’AN



THE SUNNAH





THE ‘IJMAC



THE QIYAS

THE PRIMARY SOURCES

THE VARIOUS (SECONDARY) SOURCES


FIGURE 2:
Schematic Diagram of Methodology of Islamic Law
(the arrows show the spirit which are taken from the higher level of sources)


CLASSIFICATIONS OF ITS SURAHS AND VERSES
1. The Makkiyyah and The Madaniyyah
The period of revelation of the Qur’an, as widely known, can be classified into 2 stages/periods, namely Makkiyyah and Madaniyyah. This division comes on the basis of three criteria as follows:
i. Time of revelation, that was revealed before (and after) the time of migration (Hijrah)
to Madinah respectively, Makkiyyah and Madaniyyah.
ii. Both are referred to place of revelation, respectively in Mekka and Madinah and their
sorrounding areas.
iii. Nature of audiences which are addressed.
The first is, following Kamali, most acceptable with the exception of the last verse revealed during the “Farewell Pilgrimage” in Makkah, which is considered as Madaniyyah.
A surah is considered to be Makkiyyah if its revelation had begun in Makkah, even if some parts of its verses were later revealed in Madinah. From 114 surahs, eghty five are Makkiyyah. The three criteria of division mentioned above give a picture of nature of the difference between them, concerning the environment where the verses/surahs were revealed.
2. The Definitive (Qatci) and Speculative (Dzanni)
This division, according to Kamali, includes almost any aspect of legal interpretation. He defines the terms Qatci and Dzanni as of following:
Qatci, the definitive text, be defined as a text which is clear and has a specific meaning,
and therefore is not open to interpretation. The example of this text is, (al-Nisa’/
4: 12): “In what your wives leave, your share is a half, if they leave no child”
Dzanni, the speculative text, as open to interpretation, which can come from the Qur’-
anic text itself, from the Sunnah or other relevant sources. Example: “Prohibited
to you are your mothers and your daughters” (al-Nisa’ : 23).
Interpretation:
1. The Hanafis: can either be illegitimate as well as legitimate daughters
2. The Shaficis: can only legitimate daughters.
3. The cAmm (General) and The Khass (Specific)
Another division from the point of view of its scope and generality, the words of the Qur’an can be classified into the camm (general) and the khass (specific).
cAmm : A word that applies to unlimited things, includes everything in which it is
applicable. Example : “human being” or insan, (al- cAsr/103: 1)
Khass : A word which is applied to a limited number of things, including everything to
which it can be applied. Example: “The Prophet (Muhammad PBUH.)” (al-
Ahzab/33: 59)
4. The Wadhih (Clear) and The ghayr a-wadhih (Unclear)
From the viewpoint of clarity, the Qur’anic texts come under two main categories, clear and unclear, with their own degrees. Each category is also split down into four sub-categories.
Clear: The text is said to be clear if it is understandable without any interpretation.
It can be “very clear with the highest rank of clarity”, that are:
Muhkam (perspecuous), if the meaning is clear beyond doubt and, to Kamali,
is not open to abrogation, for example, “God knows all things”; and
Mufassar (unequivocal), if it is in harmony with the context in which it
appears(or with other text), and is completely clear but may open
to abrogation, for example: “fight the mushrikin all together
(kaffah) as they fight you al together”. The mufassar is differed
from the Muhkam in the possibility of abrogation,
It can also mean “clear with the lower rank of clarity”, that are:
Nass (explicit), a definitive text of ruling of the Qur’an (and of the Sunnah) that
represents a central theme in the text; otherwise, the subsidiary
theme of a definitive text is represented by (d) Dzahir (manifest). For example: “Merry the women who seem good for you, two,
three or four” (al-Nisa’: 3)
Nass: polygamy is permissible, but maximum of four.
Dzahir: legalisation of marriage.
Unclear: Unclear words are defined by the words that do no convey a clear meaning by
themselves without the help of other explanation, by the Lawgiver Himself, that are "intricate” (Mutashabih) and “ambivalent” (Mujmal); or by the mujtahid, called “difficult"(mushkil), and “obscure” (khafi).
Mutashabih: whose meaning is a total mistery, Example; the verses of al-
muqattacat (المقطعات) such as “alif laamm miimm” (al-Baqarah: 1)
Mujmal: whose meaning are inherently unclear and give no indication as to
their precise meaning. “Al-Qaricah” (the stunning blow), explain-
ed by the following verses.
Mushkil: whose meaning is inherently ambiguous, that can only be
removed by means of research and ijtihad.
Example: “Qur’ ” (al-Baqarah: 228) has two different meaning (i) menstruation (haydh); and (ii) period between two menstruations (tuhr).
Khafi: whose meaning is partially abiguous in respect of some of indivi-
dual cases to which it is applied.
Example: “the killer (qatil) shall not inherit”, the qatil is obscure in respect of certain varieties (by intension or erroneous killing).
5. The Absolute (Mutlaq) and The Qualified (Muqayyad)
From the point of view of limitation, the text can be devided in absolut (mutlaq) and qualified (muqayyad). There may be confusing idea between this and the division of camm (general) and khass (specific). Therefore, avoiding the confusion, all those concepts will shortly be explained here.
Mutlaq: whose meaning is applied without any qualification and limitation, that is
applied to any one of a multitude, but not all. Differs from from the camm (general), that comprises the whole things.
For example: “a man”, “a book”, (differed from “man”, “book”, that classified under the camm)
Muqayyad: the text that is apllied in a limited or a qualified thing, such as “a man who
is entrusted with the Divine revelation”, a yellow book”. Muqayyad implies unspecified individual(s), therefore it is differed from khass: “the Prophet Muhammad”, in that sense
6. The Literal (Haqiqi) and The Metaphorical (Majazi)
From the literal point of view, the apllication of the word may be classified into literal (haqiqi) and metaphorical (majazi).
Hqiqi: when it is applied literally in its original meaning, like “kill not (la taqtulu) the
life which God hath made sacrosanct”
Majazi: when it is applied metaphorically, deviated from its original meaning, such as
“God sendeth down (yunazzilu) your sustenance from the sky” (al-Ghafir/40: 13).

For further graphical explanation, see Figure 3. The Classifications are explainedon the basis of various aspects as illustrated.










Time/place/ Makkiyyah
address of
revelation Madaniyyah

The whole Definitive/Qatci
aspects
of meaning Speculative/Dzanni

General/cAmm
scope of meaning
Specific/Khass

Muhkam
Higher Clarity
Mufassar
Clear/Wadhih
Nass
Lower Clarity
CLASSIFICATION Dzahir
OF Clarity/Wudhuh
THE QUR’AN Mutashabih
Needs God’s
explanation
Mujmal
Unclear/
Ghayr Wadhih
Mushkil
Neds an ijtihad
Khafi


Absolute/Mutlaq
Limitation
Qualified/Muqayyad

Literal/Haqiqi
Literal sense
Metaphorical/Majazi

Figure 3.
CLASSIFICATIONS OF THE QUR’AN

CONCLUDING REMARKS
As we have already discussed, the Noble Qur’an, is glorious book belongs to Muslims, that consists of general rules of law, by which, the holding authorities have derived It into the lower level of the rule in Islamic Law. This process of derivation into subdiary sources, is legally recognised by the Lawgiver, that is the Creator of the Universe, in His verse in the Qur’an:
يأيهاالذين أمنوا أطيعوا الله وأطيعوا الرسول وألى الأمر منكم
فان تنازعتم فى شيء فردوه الىالله والرسول
ان كنتم تؤمنون بالله واليوم الأخر000

O ye who believe! Obey Allah, and obey the Messenger, and those who are in authority among you. If ye differ in anything among yourselves, refer it to Allah and His Messenger, if ye do believe in Allah and the Last Day.

Such holding authorities are (a) the Prophet (PBUH) with his Sunnah/Hadith which become integral part of the Sharicah; (b) the ijtihad of the Ulama through various modes of interpretations and explanations. Therefore, the Muslims must follow their way.
The Qur’an also has several names like al-Kitab, alFurqan, al-Huda, al-Dzikr, and so on, by which It expounds the purpose and meaning why It is revealed. The revelation of the Qur’an took the mode of graduality (tanjim) to provide facilities to the Muslims, particularly the Muslim society at the time of the Prophet
Graduality as the mode of revelation has arisen a controversy concerning possibility of abrogation of the Qur’an, by which the majority of the Orientalists have tried to mislead the Muslims. However, abrogation, if so, could only exist during the time of revelation, due to the problems faced by the Companions. Fortunately, the Prophet himself was the “Solver” to such problem. As a matter of interpretation, to some opinions, there is no abrogation occur in the Qur’an, provided that It is cosidered as general principles of the rules, and all verses are known as an integral part of each others.
The Qur’an also provides general principles of knowledge, as a part of Its scientific miracle, although It is not a scientifis treatise. Therefore, It is also recognised as the source of knowledge. The historical evidence in the earlier Muslim societies has proven Its truth. On the other hand, for the purpose of legal matter, the Qur’an can scientifically be analysed from various point of views, that provide various classification and categories on the basis of different viewpoints. Wallahu aclam bissawab.

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REFERENCES

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Anwar Harjono, Hukum Islam: Keluasan dan Keadilannya, Jakarta: Penerbit Bulan Bintang, 1987.

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