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Quranic Legislation

Quranic Legislation. Public Laws. Food. Asl (default): permitted “It is no sin upon those who believe and do good deeds in partaking in whatever they may, so long as they are conscious of God and believe and do good deeds, growing more conscious of God, believing and doing good deeds…” (5:93)

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Quranic Legislation

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  1. Quranic Legislation Public Laws

  2. Food • Asl (default): permitted • “It is no sin upon those who believe and do good deeds in partaking in whatever they may, so long as they are conscious of God and believe and do good deeds, growing more conscious of God, believing and doing good deeds…” (5:93) • “O ye people! Eat of what is on earth, lawful and good, and do not follow in the path of Satan, indeed he is an open enemy to you.” (2:168) • “And He it is who made the sea subservient, that you may eat fresh meats from it…” (16:14) • Ibn ‘Abbas: “Eat what you like and wear what you like, indeed only two flaws will cause you to err: excess and conceit.” • Forbidden: Carrion, blood, and the flesh of swine… animals killed by strangling, by a violent blow to the head (mawqudha), by a fall or being gored to death, except what you can slaughter properly (5:3) • … And that sacrificed to other than God or on which God’s name not pronounced (6:121)

  3. Necessity & People of the Book • “But whoever is forced by necessity, neither wanting nor repeating, there is no sin on him [for eating these prohibited items], Indeed God is forgiving and merciful” (2:173) • Al-darura tubihu al-mahzurat (الضرورة تبيح المحظورات) • But how? • The food of the people of the book (5:5)

  4. But important point is… “True piety does not consist of turning your faces towards the east or the west – but truly pious is he who believes in God, the Last Day, the angels, the Book, and the prophets; and spends money, however much he cherish it, on his kin, the orphans, the poor, the wayfarer and whomever asks; and on freeing slaves from bondage; he who is is constant in prayer, who renders the purifying dues; staying true to their oaths, those patience in adversity and hardship. Those it is who have been truthful, who are truly conscious of God.” (2:177… right after food rules)

  5. Alcohol & Gambling • Gradual Prohibition: • “And from the fruits of the palm and grapes you take intoxicants and goodly sustenance, indeed in that are signs for those who reason.” (16:67) (10 years before prohibition / Meccan) • “They will ask thee about wine and games of chance. Say, ‘In both there is great evil as well as benefit for man – but the evil which they cause is greater than their benefits.’ (2:219) (Medinan) • “O you who believe, do not approach prayer when you are drunk, so that you know what you are saying…” (4:43) …..

  6. “O you who believe, wine, games of chance, and idolatrous practices, and divining arrows are but loathsome evil of Satan’s doing (rijsun min ‘amal al-Shaytan): avoid them, then, so that you may attain a happy state. By means of wine and gambling Satan seeks only to sow enmity and hatred among you, and to turn you away from the remembrance of God and from prayer. Will you not, then, desist?” (5:90-1)

  7. Usury / Interest • What is riba (and Mal ribawi)? • Usury (excessive interest)? “O you who believe, do not gorge yourselves on interest, doubling and re-doubling it, but remain fearful of God…” (3:130) • Any interest? (ie. exchanging two products at different amounts) • Riba is zulm (injustice)… credit is allowed • At first the Quran just compares it unfavorably with charity, which really gives one ‘profit with God’ (30:39) • Those who argue that riba is acceptable because it is like buying and selling have been fooled by Satan, for God has allowed “selling” and forbidden riba (those who desist can keep gains and capital) 2:275-80)

  8. Types of Riba • Pre-Islamic Riba al-nasi’a… • Riba al-Fadl: transaction of two items in the same family with an increase on one of them (ex. 1.5 lbs. of cheap cashews for 1 lbs of expensive cashews) • Riba al-yad: transaction with later payment of one item for another if they are the same family (ie. both are foods, or coin) • No riba in fils.

  9. Killing & Justice • “O you who believe, just retribution (qisas) is ordained for you in cases of killing: the free for the free, the slave for the slave, and the woman for the woman. And if something is looked over by his brother, this shall be adhered to with fairness, and restitution to his fellow man shall be made in a goodly manner. This is an alleviation from your Lord, and mercy.” (2:178) • Qisas and diya (wergeld, bloodwit, blood money) or forgiveness, 100 camels for a free Muslim (17:33) • Vs. Disproportionate Raiding/Counter-raiding • Lex talionis mentioned as revealed to Jews (5:45) • For Jews it was also decreed (because of Cain & Abel): ‘if anyone slays a human being, unless for punishment or for spreading corruption on earth, it is as if he killed all of humanity…” (5:32)

  10. Accidental killing of another believer  freeing a slave (or two months fasting) and paying bloodwit, “unless they forgo it” (4:92) • Intentional killing of another believer is punished by Hellfire

  11. Laws of Warfare in the Quran • Traditional Jihad Narrative vs. Contextual One • Quranic reading foregrounds context • Islamic legal tradition relies on naskh

  12. Traditional Narrative of Jihad - Evidence • Prophet’s Career: Steady progression from passive persecution in Mecca, to preparation for conflict, to war and treaty, to all-out conquest of the enemies of Islam • Quranic Argument: through asbab al-nuzul (occasions of revelation) and naskh, verses allowing unrestricted warfare are considered final ruling. • Hadith: “I have been commanded to fight the people until they say ‘There is no god but God, establish the prayer and pay the alms tax.” (or jizya)…

  13. Peaceful Preaching under Meccan Rule • “Call to the path of your Lord with wisdom and goodly preaching, and dispute with them with what is best. Indeed your Lord is most knowledgeable about those who have gone astray, most knowledgeable about those who are guided.” (16:125) • “Indeed they do plot and scheme, and I do plot My scheme. So bear patiently with the unbelievers, bear patiently with them a while.” • “To you your religion, to me mine.”

  14. Fighting When Wronged • “Permission has been given to those who fight because they have been wronged, indeed God is most able to give them succor. Those who were driven from their homes unjustly, for but saying ‘Our lord is God. And if God did not repel one group of people with another, monasteries, temples and places of kneeling where God’s name is mentioned would be destroyed. Indeed God gives aid to those who aid Him, indeed God is powerful, great.” (22:39-40) • “God has not forbidden you from treating justly and fairly those who have not driven you from your homes or fought you in your religion, indeed God loves those who are just. Rather, God had forbidden you from being close with those who have driven you from your homes, fought you in your religion or assisted those who did, and indeed those who seek to be close to them, they are wrongdoers.” (60:7) (OBL cites this)

  15. Fighting in Case of Injustice and Solidification of Communal Lines “Fighting is ordained for you, though it be hateful to you; but it may well be that you hate a thing while it is good for you, and it may well be that you love a thing while it is bad for you. God knows, whereas you do not know. They ask you about the Sacred Month and fighting in it. Say: fighting in it is a grave act, but driving people from the Sacred Mosque, disbelieving in God and expelling His people from it is more grave in God’s eyes. Persecution is more serious than fighting. They will not stop fighting you until they drive you from your religion, if they can. And those who leave their religion from among you and dies a disbeliever, indeed all their deeds will be forfeit in this life and the next. They are the people of Hell, eternally condemned to it.” (2:217)

  16. Fighting Persecution for God – within limits! • “And fight in the path of God those who fight you, but do not transgress, indeed God does not like those who transgress. So kill them wherever you find them, expelling them from those places from which they expelled you. For persecution is more severe than killing. And do not fight in the Sacred Precinct unless they fight you there. If they do, then kill them. That is the recompense of those who do not believe. If they desist, indeed God is most forgiving, merciful. So fight them until there is no persecution and religion is God’s [alone]. And if they desist, then there is no aggression except upon the wrongdoers.” (2:190-3)

  17. Sword Verses - Conquest • “When the sacred months have passed, kill the polytheists wherever you find them, seize them, lay siege to them, and lie in wait for them in every place of ambush. And if they repent, take up the prayer, pay the poor tithe, let them go their way. Indeed God is most forgiving, merciful.” (9:5)… • “Fight those who do not believe in God and the Day of Judgment, who do not forbid what God has forbidden, those from among the People of the Book who do not believe in the religion of truth, until they pay the jizya out of what they can and they have submitted” (9:29)

  18. Thematic Reading vs. Chronological Reading • Overarching Principles: • Religious discourse done through discussion, goodly preaching, acceptance of disagreement • Fighting allowed in cases of: • Self-Defense • Religious Persecution • Activity in Open War • Ending Injustice for others • Exceeding these boundaries is a sin • Transformation from Jahiliyya system of warfare to Islamic one

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