Shariat al-Quran min Dalail Ijazihi
- Author died
- 1394 AH
- Editions
- Dār al-ʻUrūbah
Shariat al-Quran min Dalail Ijazihi (The Law of the Quran as Proof of Its Inimitability) is a legal and Quranic treatise by the Egyptian Islamic jurist Muhammad Abu Zahra (1316–1394 AH / 1898–1974 CE), examining the legislative system of the Quran as evidence of its divine origin and inimitability (i'jaz) .
Thesis and Scope
Abu Zahra distinguishes between the physical, sensory miracles granted to earlier prophets—such as the fire of Ibrahim, the staff of Musa, and the healing miracles of 'Isa, which were witnessed only by their contemporaries—and the non-material, enduring miracle granted to the Prophet Muhammad, which remains accessible to all subsequent generations through the text of the Quran .
While classical and modern scholars commonly attributed the Quran's inimitability to its rhetorical style and composition (al-uslub wa-al-naghm wa-al-nasaq), its historical narratives revealed by an unlettered prophet, or its scientific and cosmic allusions, Abu Zahra contends that the legislative framework (shari'at al-Quran) constitutes one of the strongest proofs of inimitability . He argues that the Quranic legal code encompasses family life, civil society, and international relations in a manner unparalleled in previous or subsequent human legislation, particularly given that it was delivered by an unlettered Prophet who had neither studied formal jurisprudence nor traveled extensively .
Comparative Legal Analysis
To demonstrate the superiority of Quranic legislation over man-made law, the author compares Islamic legal principles with historical legal traditions, primarily Roman law and classical Greek philosophy . He notes that Roman law, which culminated under Justinian in 533 CE after thirteen centuries of development drawing on the laws of Solon and Lycurgus and the political thought of Plato and Aristotle, represented the pinnacle of human legal reason .
Abu Zahra highlights key differences between the two systems:
- Legal Equality and Penalties: While Roman law disproportionately punished the vulnerable and mitigated penalties for the nobility, Quranic law established universal legal equality and halved the statutory penalties for slaves compared to free individuals, recognizing that accountability correlates with social privilege and capacity .
- Slavery and Emancipation: While Aristotle and ancient systems justified slavery as an inherent law of nature, the Quran did not institute enslavement but instead legislated numerous avenues for manumission ('itq), including contractual freedom (mukataba) and mandatory expiations (kaffarat) for various legal infractions .
- Socio-Economic Solidarity: The book examines the institutionalization of Zakat as an enforceable right of the poor rather than a discretionary act of charity, along with public debt relief for insolvent individuals funded through the public treasury (bayt al-mal) .
Family Law and Status of Women
The work addresses Quranic family regulations, contrasting the pre-Islamic status of women—who were treated as property without inheritance rights or autonomy—with the independent legal and financial personality granted to them under Islamic law . Abu Zahra examines marriage, divorce, polygyny, and the abolition of legal adoption (al-tabanni) in lineage, specifically addressing contemporary misconceptions surrounding the marriage of Zayd ibn Harithah and Zaynab bint Jahsh .
Publication
The book was published in a single volume by Dar al-'Uruba in Cairo in 1381 AH / 1961 CE .
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