The Holy Qur'an represents the primary source of Divine laws and...

The Holy Qur'an represents the primary source of Divine laws and, as such, the Book has precedence over the other sources to be consulted for obtaining the ahkam of the Shari'ah. The Qur'an has been, and will remain - in addition to being the comprehensive source of Divine laws - the criterion for judging traditions and ahadith. It is on this very basis that from the time of the Holy Prophet (S) till now and for ever, the Book remains the primary source of reference for Islamic jurisprudents.

The history of jurisprudence and ijtihad testifies to this fact. However, when this basic source is examined from the standpoint of ijtihad and legal deduction, certain noteworthy issues arise.

It is invariably essential to pay due attention to such matters as fiqh al-Qur'an (juristic study of the Qur'an), the determination of the Qur'anic verses having a bearing on legal deduction, the determination of the muhkamat and the mutash­abihdt, the problem of restriction (takhsis) of the general import (`amm) of the verses by khabar al-wahid, the legitimacy of interpreting the Qur'an in the light of khabar al-wahid, etc. These are issues that simply cannot be ignored.

Their effect on the derivation of ahkam from the Qur'an, too, cannot be overlooked. An Overview of the Ayat al 'Ahkam: A significant number of Qur'anic verses constitute ayat al-'ahkam (legally relevant verses). These verses have been, and are, the basis for deriving ahkam. Their number totals approximately five hundred. These were gradually revealed on various occasions during the years following the Prophet's Hijrah. Accordingly, the ayat al-'ahkam are to be sought in the Madani verses.

The ayat al-'ahkam lay down the Islamic laws and rules concerning social, penal and economic matters. In contrast, the Makkan verses mostly describe and prescribe doctrinal and ethical principles. Over the centuries, the great Islamic jurisprudents have painstak­ingly carried out continuous research concerning the ayat al-'ahkam, and in the course of their deductive endeavour have discovered many points of juristic and scientific interest.

Many of the results of their efforts are now available to us. Initial Research Concerning the Ayat al-Ahkam: To know when and by whom the first investigation into the ayat al-'ahkam was conducted is essential for familiarity with the history and development of ijtihad.