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Introduction
‘The literal meaning of sharia is ‘the road to watering hold’,
the clear, right or straight path to be followed. In Islam, it
came to mean the divinely mandated path, the straight path,
the straight path to Islam, that Muslim were to follow, God’s
will or law. However, because the Quran does not provide an
exhaustive body of law, the desire to discover and delineate
Islamic Law in a comprehensible and consistent fashion led
to the development of the science of law, or jurisprudence
(fiqh). Fiqh, ‘understanding’, is that science or discipline that
sought to ascertain, interpret, and apply God’s will or guidance
(shariah) as found in the Quran to all aspects of life’
Thus for any idea to arise certain customs and usages other than economic factors are relevant.
This is especially true for law as it is for any other social science. Thus the Islamic legal system as
is well known had its origin in Arabia and has been developed by Arabia jurists, and we should,
therefore, naturally expect to find on it the impress of Arabia’s social history and the Arab mind and
character. In other words the ground works of Islamic legal system, like that of other legal systems,
is to be found in the customs and usages of the people among whom it grew and developed.
The sources are four: The Quran, the Sunna, the ljmaand Qiyas. They are referred as “roots” of
Islamic jurisprudence. The first two Quran and Sunna are wholly developed in the life time of the
Prophet [PBUH] and Quran is the supreme source of the Islamic law. While the Holy Quran and the
Sunnah comprises the primary sources, the Al-Ijma and Al-Qiyas are known as secondary sources
Ouran- The First Primary Sources of the Shera
“The Quran is the Book of God. It is the eternal, uncreated, literal word of God sent down from
heaven, revealed one final time to the Prophet Muhammed as guide for humankind”
The Quran, which consists of 114 chapters of 6,000 verses, has been revealed to the Prophet
(PBUH) over a period of 22 years. Its chapters are arranged according to length, not chronology. The
longer chapters, which represent the later Medinian revelations, precede the shorter ones
representing the earlier Meccan revelation to Mohammed.
Quran means ‘reading’ or recitation and is derived from the word qar’a which literally means ‘to read’.
The Quran also calls itself by alternative means such as Kitab (Book), Huda (Guide), Furqan
(Distinguished) and Dhikr (Remembrance)
Quran is held to consist of revelations made by Allah to the Prophet (PBUH). Now the question is
how that made possible? Dunn-Mascetti gives us the answer.
Mohammed took to spending nights in a hill cave near Mecca. There he pondered the problems
which were afflicting Mecca: tribal solidarity was breaking up, and rich merchants preferred to
pursue individual (interests) rather than fulfill their duties towards the more unfortunate ones. One
day Mohammed heard a vision saying to him ’You are a Messenger of God’. This was the beginning
of vocation as Prophet of God. From this time onwards, at frequent interval until his death, he
received ‘revelation’-messages that came directly from God. In about 650 CE the messages were
collected and written down in the Koran, the sacred scriptures of Islam
Finally but mainly, Quran can be divided into two: the oldest one dating from Mecca; that is the first
period of the prophet’s life time, contains religious matters which are written in a poetical, often
lyrical style while the Medians chapters have much of political and legal nature. These differences
correspond to two periods; when the movement began at Mecca; as purely religious and moral
reaction against pagan society and ended in Medina with the establishment of a new political –
religious community.