1.3 characteristic of Quranic legislation&Naskh (Abrogation) in the Al Quran PDF

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1. (i)

Discuss the below mentioned with examples in the context of Quranic legislation: Definitive and speculative

In arabic term, the word qati’e is definitive and zanni means speculative. Firstly, the quranic law are said to be definitive is because the law are clear in their meaning and no more furhter interpretation is require because those laws are absolute. For example, one of the behavior which is strongly prohibited and had been declared as Haram in islamic law is adultery which also known as zina in arabic term. According to quran 17:32, it states that ‘And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way.’ This quranic verse clearly restricts muslims from commiting adultery states that it is an immoral and evil behavior. Nevertheless, 24:2 prescribe the punishment for those who commit zina. It ststes that ‘The [unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashes, and do not be taken by pity for them in the religion of Allah, if you should believe in Allah and the Last Day. And let a group of the believers witness their punishment.’ Moreover, according to the holy quran, 4:11 states that ‘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.’ After that, 4:12 further stated that ‘And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt. And for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment [caused].’ Both of the verses above clearly define the rule of sucession of muslim people and structure the actual property division of the deceased to his or her family members. The laws above are a must to be follow by the muslims and no changes can be made upon them. Thus, we said that quranic legislation is quite definitive in nature at certain circumstances.

After that, there are also some legislations which are quite ambiguous in their meaning and they need some interpretaion from the scholars. It is because legal human reasoning is required in order to make the laws match with the specific and particularise issue or problem. By referring to 5:6 of the holy quran, it states that ‘O you who have believed, when you rise to [perform] prayer, wash your faces and your forearms to the elbows and wipe over your heads and wash your feet to the ankles with water.’. This verse mention about the procedures for wudhuk which is the ritual of ablution, it is the ritual for the muslim to clean themselves. This verse is said to be quite speculative in its nature because there are 3 disputes regarding to this ruling. It is because allah never mention that whether the people should wipe their faces to the

occipital part of their head, the whole head or just simply tap some water on their foreheads. It just mention ‘wipe over your heads’ only, thus we can see that this verse is not really precise in its meaning. Hence, the interpretation of scholars are required in order to enable which practice is more suitable. Under 4:23, Prohibited to you [for marriage] are your mothers, your daughters, your sisters, your father's sisters, your mother's sisters, your brother's daughters, your sister's daughters, your [milk] mothers who nursed you, your sisters through nursing, your wives' mothers, and your step-daughters under your guardianship [born] of your wives unto whom you have gone in. But if you have not gone in unto them, there is no sin upon you. And [also prohibited are] the wives of your sons who are from your [own] loins, and that you take [in marriage] two sisters simultaneously, except for what has already occurred. Indeed, Allah is ever Forgiving and Merciful. Discussion: Definitive rule The law prescribed in the al-Quran is absolute and clear rulings, can identify point out wide away the ruling prescribed in the particular passage, it has only one meaning and admits no other interpretation. The law is clearly identify, therefore it will become binding, Muslim will abide it, and failure to do so the person will be punished or committed sins. Speculative rulings The rulings are unclear, unclear prescribed in the al-Quran, and it is open for interpretation, The interpretation of the rulings will be done by the Muslims Scholars to determine the law which is speculative or unclearin nature. In order to get the specific injunction that is speculative in nature, need assistance from the muslims scholars to give a correct interpretation of the law contained in. Brevity & detail In the quran, most of the law given are quite general in its meaning at most of the time. It is because the god may wish this law can be apply to any person from any circumstances. So, in some circumstances, it requires the interpretation on the ruling from the scholar. AQ 4:59 states that, ‘O believers! Obey Allah and obey the Messenger and those in authority among you. Should you disagree on anything, then refer it to Allah and His Messenger, if you ˹ truly˺ believe in Allah and the Last Day. This is the best and fairest resolution.’ It basically means that, people should abey the words of allah, it refers to the quran, obey the messenger refers to obey the words of prophet and lastly those in authority among you refers to the scholar, mufti. So from this verse basically we can infer that the quran needs the interpretation as it is general in the meaning.

(ii)

Ratiocination

The word ratiocination also means ta’lil in arabic term. The ratiocination of quranic legislations also can be refered as the rationality, causation or purpose of the revealation of the verses by Allah to his people. When we look into the islamic law itself, we can find that the law are not just being revealed for the simple purpose of conformity but it was revealed by Allah in order to realise certain benefit and objective. The ruling has a justification, there are certain benifit and objective may be achieved. In simple word, the ruling are not just to rule the people but also to benifit the people as well. For example, according to 59:7 of the holy quran, it states that ‘And what Allah restored to His Messenger from the people of the towns - it is for Allah and for the Messenger and for [his] near relatives and orphans and the [stranded] traveler - so that it will not be a perpetual distribution among the rich from among you. And whatever the Messenger has given you - take; and what he has forbidden you - refrain from.’ This verse regulate about the booty, refers to the distribution of harta karun among those people who need aid and also the orphan. Allah encourage his people who are rich and wealthy to help those who require help in their lives by sharing part of their property to the needy. Allah suggest his people to do charity as to prevent the world from being too perpetual. For instance, in malaysia, non-muslim used to pay for their income tax while muslim are subjected to zakat which require them to contibute 25% of their yearly income. Besides that, 24:30 of quran states that, ‘Tell the believing men to reduce [some] of their vision and guard their private parts. That is purer for them. Indeed, Allah is Acquainted with what they do.’. 24:31states that, And tell the believing women to reduce [some] of their vision and guard their private parts and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their headcovers over their chests and not expose their adornment except to their husbands, their fathers, their husbands' fathers, their sons, their husbands' sons, their brothers, their brothers' sons, their sisters' sons, their women, that which their right hands possess, or those male attendants having no physical desire, or children who are not yet aware of the private aspects of women. And let them not stamp their feet to make known what they conceal of their adornment. And turn to Allah in repentance, all of you, O believers, that you might succeed. ‘’. From the verses, allah wants his people to cover certain parts of their bodies. Expecially, muslim women is compulsory to tutup aurat such as wearing hijab, and not to wear the clothes which is too short and sexy. The purpose of this ruling is to preserve modesty and prevent adultery. It is to protect the women from being sexually abuse and also prevent the men from having evil thoughts from being allure by womens’ aura. Nevertheless, 2:110 of quran also make prayer compulsory to be praticed by muslim. It states that,’And establish prayer and give zakah, and whatever good you put forward for yourselves - you will find it with Allah. Indeed, Allah of what you do, is Seeing.’ There are 5 prayers which are compulsory to be practice by muslim which are subuh, zohor, asar, maghrib, and isya. Besided that, when the people who are on journey and they are unable to perform all of the prayer on time, allah also allow them to combine 2 of the prayer in 1 times.

(ii)

Occasion of revelation

In arabvic term, occcasion of revelation is known as asbab al nuzul. It refer to the fenomenology of al quran. The revelation of al quran is related to certain event and situation. It is because Al quran is revealed based on the cases happened or issues arose in the past. There are 3 occasion for the laws to be revealed. Firstly, the laws will be revealed in order to solve specific event that have occured in the past. For example, 58:1 of the quran states that ‘Certainly has Allah heard the speech of the one who argues with you, [O Muhammad], concerning her husband and directs her complaint to Allah . And Allah hears your dialogue; indeed, Allah is Hearing and Seeing.’ . 58:2 states that ‘Those who pronounce thihar among you [to separate] from their wives - they are not [consequently] their mothers. Their mothers are none but those who gave birth to them. And indeed, they are saying an objectionable statement and a falsehood. But indeed, Allah is Pardoning and Forgiving.’. after that, 58:3 states that ’ And those who pronounce thihar from their wives and then [wish to] go back on what they said - then [there must be] the freeing of a slave before they touch one another. That is what you are admonished thereby; and Allah is Acquainted with what you do.’. Lastly, 58:4 mention that, ‘And he who does not find [a slave] - then a fast for two months consecutively before they touch one another; and he who is unable - then the feeding of sixty poor persons. That is for you to believe [completely] in Allah and His Messenger; and those are the limits [set by] Allah . And for the disbelievers is a painful punishment.’. These verses are related to the rules of zihar divorce based on the complaint made by the people at that time. Allah allow the zihar divorce by allowing the husband to pronounce an indirect divorce by similarise his wife as his mother, sister or grandmother. As so, he is entitled to separate with his wife because there is a prohibited relationship between them. Second ocassion is that, the laws were revealed by prophet in order to answer his companion. For instance, based on 2:219 of the quran, ‘They ask you about wine and gambling. Say, "In them is great sin and [yet, some] benefit for people. But their sin is greater than their benefit." And they ask you what they should spend. Say, "The excess [beyond needs]." Thus Allah makes clear to you the verses [of revelation] that you might give thought.’ 2:222 , ‘And they ask you about menstruation. Say, "It is harm, so keep away from wives during menstruation. And do not approach them until they are pure. And when they have purified themselves, then come to them from where Allah has ordained for you. Indeed, Allah loves those who are constantly repentant and loves those who purify themselves.’ 17:85, ‘And they ask you, [O Muhammad], about the soul. Say, "The soul is of the affair of my Lord. And mankind have not been given of knowledge except a little." Quranic legislations are also the answer from prophet to his people is proven by these verses. It is because these verses are started with the phrase ‘they ask you’, it shows that these are the answer from prophet to his people as to answer their queries. The third ocassion is where the laws were revealed without any event. The laws have been revealed just because such law are the norm which is require to be practice in the society. The verse to support this ocassion is 3:159 of the quran which states that ‘So by mercy from Allah, [O Muhammad], you were lenient with them. And if you had been rude [in speech] and harsh in heart, they would have disbanded from about you. So pardon them and ask forgiveness

for them and consult them in the matter. And when you have decided, then rely upon Allah . Indeed, Allah loves those who rely [upon Him].’. this verse shows that allah wants his people to practice syura while there is inconsistence of opinion by the people. Allah suggest his people to have a consultation and solve their problem instead of any other way like violence. It is because the practice of consultation is require to be practiced by the people in order to secure the peace of the society. 2. Discuss Naskh (Abrogation) in the Al Quran. Naskah refers to the abrogation or suspension of law. The law will be given when there is requirement of such ruling. In opposite, when the law are no longer suitable to be applied in the society, it should be repealed and later replace with a new one. However, in syariah rulling, when there is a rule had been repealed, the one to replace the old one must come from the same level of authority. For example, one of the verse in quran have been repealed, the replace one must come from quran also. Furthermore, the doctrine of abrogation is applicable between the syariah rulling only. It was proved in Surah al-Baqarah 2:107 which said that whatever sign we abrogate or cause to be forgotten, we bring one better than that or the like thereof. Therefore, there are some numbers of rulings which were abrogated such as the waiting period of women whose husband had passed away, bequest, prohibition to Muslims from visiting the graveyards and Qiblah or direction to face during prayer. The objective of doctrine of abrogation is for the interest of human being. The law are required and allowd to change and alter or adjust due to the changing of time. It is because the circumstances of the society will keep changing as the time flies. The laws are require to be adjust from time to time in order to suit the society better. For instance, the quran was revealed gradually because the rullings are contradicting to their lifestyles and habits. Thus, the laws are require to be revealed slowly as to bring the people out from zaman jahiliah effectively and lead them to a morally world. However, when those rulling and practices from quran is already a norm to the people, therefore the law is now useless and should be suspended and replaced by the new ones.It is clear that certain laws are only suitable to particular time only. The law must be altered from time to time as to suit the people better. For example, the law regarding to the matters of observing iddah period by the widow have been amended. In 2:240 of the quran states that ‘And those who are taken in death among you and leave wives behind - for their wives is a bequest: maintenance for one year without turning [them] out. But if they leave [of their own accord], then there is no blame upon you for what they do with themselves in an acceptable way. And Allah is Exalted in Might and Wise.’ Which means, in the past, the woman whose husband has died used to observe their iddah period for a year after the death of husband. After the one year of waiting period only the women can leave the death husband and date or marry to another man. However, it was repealed and replaces by 2:234 of the quran. It states that, ‘And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days]. And when they have fulfilled their term, then there is no blame upon you for what they do with themselves in an acceptable manner. And Allah is [fully] Acquainted with what you do.’. it says that the widow just need to observe their iddah priod for 4 months and 10 days. The iddah period of widow have been shothen because it was clear that it was impossible for a

women to bear the child of deceased after 4 rounds of menstrual cycle. Thus, 2:240 was repealed and replaced by 2:234. As people at that time just realised that iddah period for 4 months is enough to observe whether she is pregnant or not or is there any sperm in her womb which may cause her preagnant because people believe that after 3 times of iddah only the sperm can be remove from the body of the women completely. Therefore, 4 months 10 days of iddah is substantially enough and 1 year of waiting period is too extra and sometimes is also hard for the wome to stay a year for the iddah because the husband is died and who else there can really take good care of her and who can really there and protect her like the husband is oblig to do.

The next example is bequest and the literal meaning of the word is refer to will. And it walso can refer to the inheretance. And there was a law from quran regarding to bequest was repealed and also later replaced by a new one from quran also. Here, chapter 2 verse 180 has been repealed and replaced with chapter 4 verse 11. Firstly, 2:180, state ‘Prescribed for you when death approaches [any] one of you if he leaves wealth [is that he should make] a bequest for the parents and near relatives according to what is acceptable - a duty upon the righteous.’ In this verse, what we can see is that prophet only asked the people to make a bequest and which it must be acceptable and he never fixed any amount of shares that should be divided to who. It may cause injustice because the deceased may tend to be bias and only give share to certain people and not giving some people because the decease doesn’t like it. Later it was repealed and replaced by 4:11, which says ‘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.’ From these verse, we can see that there is a clear instruction on which if there is how many children, the property should be divided equally to the sons and also daughter and all of the people are entitled to the share. At here, it is a wajib ruling as which the people must follow and also eliminate the injustice and bias. Next, is the prohibition to muslims from visiting the graveyards. At first, it was compulsory for the muslim not to visit the graveyard but then according to hadith in will only ...