I read that the number of Qur’anic verses outlining laws and rules is between two and four hundred. Needless to say, such a small number cannot provide laws that answer the needs of all societies in all times, as the Qur’an is meant to provide. I also read that the task of deduction of such law is thus left to scholars. The writer refers to verse 83 of Surah 4 in support of his claim. Please comment. (M.A. Mullick)
If both claims were made by the same writer, then he does not seem to be well aware of what he is talking about. To start with, the verses outlining rules and laws are small in number, perhaps not exceeding 500 verses, but these are normally long, covering different aspects of the subject at issue. For example, the whole subject of debt between people is covered in two verses, but the first of these is the longest in the Qur’an, taking a full page. Likewise, the whole system of inheritance is covered in three verses of surah 4, in which 95 percent of cases that may occur in any society are clearly dealt with. The cases that are not covered occur extremely rarely. An example of these is the case when the deceased leaves behind neither parents nor children, but is inherited by siblings, i.e. brothers and sisters, and his grandfather is alive. The case of his siblings is clearly stated in the Qur’anic verses, but the situation of the grandfather is problematic. Hence, we have difference of opinion among scholars on which rules to apply in his case. Otherwise, the principles that are needed to rule on such very rare cases are made in the three verses dealing with the subject matter. Thus, it is not right to conclude that the small number of verses outlining legal provisions means that these are inadequate for the needs of any society. We need to look at these provisions and discover whether they cover human needs or not.
When we look at Qur’anic legal provisions we find that some are of precise and definitive nature, while others are of rather wider scope, or phrased in general terms. Of the first type are the verses that mention specific penalties for the four offences that carry mandatory punishments. Yet these are not the only ones in this category. The prohibition of intoxicants is very strict, but it does not specify a penalty for the offence. What the Qur’anic texts dealing with legal provisions give us is a general framework, within which some aspects are well defined while others are left to the Muslim community to determine on the basis of the general principles, provided that they remain within the general framework. Thus flexibility is ensured and appropriate room is given to adapt the principles of Islamic law to the local needs of any society. Such adaptation is made by the Muslim community through its scholars.
What scholars need to do when they deal with a problem faced by their community is to look at the problem and determine which legal principles and provisions apply to it. If any of the definitive laws are applicable, their work is determined for them. If not, they need to deduce a ruling, or fatwa, guided by the general principles. One major process that is relevant in this situation is that known as qiyas, or analogy. This is where we give a ruling for a case that is uncatered for by comparing it to a case that has a specific ruling, provided that the two cases have the same basis in common. There are other methods that scholars learn and implement, but their role is to deduce rulings for new cases on the basis of Islamic principles, within the general framework.
Verse 83 of Surah 4, which is cited in the question, mentions an Arabic word, istinbat, which means ‘deducing or coming to a conclusion’, but this verse does not deal with enacting rules and regulations. It has no relevance to this area. The relevant term is referred to in the following translation of the verse as ‘obtaining intelligence’. The verse may be translated as follows: “If any matter pertaining to peace or war comes to their knowledge, they make it known to all and sundry; whereas, if they would only refer it to the Messenger and to those from among them entrusted with authority, those of them who are engaged in obtaining intelligence would know it. Were it not for God’s bounty to you, and His grace, all but a few of you would certainly have followed Satan.” (4: 83)