V. The Law of Life.

quran
1. Law in the QurŸån

We have seen that the quran QurŸån teaches, to use a Christian phrase, "justification by works." To attain salvation men must believe the message of the Apostle to be true, and they must do the works commanded by him, in return for which, by the mercy of allah Allåh, for no one has any claim on Him, they will receive the reward of Paradise which He has thought well to grant on these conditions. The strictly religious conditions of salvation have been outlined above. But we have also seen that the authority of the Apostle, as the revealer of the will of allah Allåh, extends to all affairs of life; he is to judge his people and they are to bow to his command without question. Hence religious duty in the quran QurŸån extends to all the affairs of life-political, military, civil, social, as well as the strictly religious.
Of law as such there is little mention. The familiar term shariah sharia sharæÿah only occurs once in the quran QurŸån (45 17), and the cognate word shirah shirÿah also once (5 52). The general meaning of the root is ''way"; the first passage refers to the divine command given to muhammad Muøammad in a certain matter; the second to the various laws given to leaders of successive religions.
There is no passage in the quran QurŸån parallel to the Decalogue of Moses, but there are several sets of commands in which muhammad Muøammad may have had the Decalogue more or less clearly in mind. The most systematic of these is in 17 23-40. The commands there given are: (1) Put not other gods with allah Allåh; (2) Be kind and respectful to parents; (3) Give what is due to kinsmen, the poor and travellers; (4) Be not wasteful; (5) Slay not your children for fear of poverty; (6) Draw not near to fornication; (7) Slay not the soul which allah Allåh hath forbidden you, except for just cause: (8) Draw not near to the wealth of the orphan; (9) Fulfil your compacts; (10) Give just measure and weight; (11) Follow not that of which thou hast no knowledge (probably referring to slanderous reports); (12) Walk not on the earth proudly. Neither here, nor in other shorter summaries * is there any distinct principle of arrangement. The code of chief duties has to be gathered from scattered passages.

2. Government of the State.

Although the quran QurŸån is relied on as the basis of all legislation in Muslim states, yet it contains no theory of government nor any definition of the relation between civil and religious law and administration, nor is muhammad Muøammad led, as was Moses, to appoint helpers who share divine inspiration in some degree with him. The conception of a theocracy centred in one person is so dominant that whatever ordinances are needed are simply supplied by allah Allåh through him, and believers have only to hear and obey whether in matters of worship or inheritance, criminal justice or warfare. The absence of specific direction as to subordinates or successors was a cause of great perplexity and bitter strife as soon as the prophet passed away, and all the offices of government current in islam Islåm had to be subsequently evolved. Perhaps we may consider that the teaching of the quran QurŸån on sectarianism establishes the principle of unity of government, whether secular or religious. Of sects it is said that those who split up religion rejoice each in his own party. This is condemned by allah Allåh. What these sects were was as little known to muhammad Muøammad as any other particular of the Scripture religions. It is said that they did not arise in Israel till after the Law was given, and again that they did not arise among the peoples of the Scripture till after the quran QurŸån descended. Those peoples were separated from one another through jealousy, and their sectarianism prevented their followers from accepting islam Islåm.

3. Warfare.

The one function of the state with which the quran QurŸån deals definitely and in detail is that of warfare, and this as inseparable from religion. The characteristic term used is jihadan Jihådan fi fæ sabilallah sabælaŸllåh, i.e. "strife in the way of allah Allåh" (60 1; 22 77). The nature of the strife is clear from the frequent use in this connection of the root qatl, meaning slaughter, e.g. in 4 76: "Let those, then, fight in the way of allah Allåh who sell the life of this world for the next; and whoso fights in the way of allah Allåh, be he killed, or be he victorious, we will give him a mighty reward. "Each of the three italicised words is a form of qatl. On first entry into Medina the command is that there be no compulsion in religion, and warfare is limited to defence: "Fight for the cause of God (or in the way of allah Allåh) against those who fight against you, but commit not the injustice of attacking them first" (2 186). Later this is abrogated by "the verse of the sword" (9 5): "When the sacred months are past, kill those who join other gods with allah Allåh wherever ye shall find them, . . . but if they repent and observe prayer and pay the alms then let them go their way." This command is a divine revelation and must be promptly obeyed. The slaughter of enemies is enforced by confused stories of Saul and others. It applies to Jews and Christians as well as to idolaters, but the former may be offered the alternative of tribute instead of death if they do not accept islam Islåm. The believing warriors are to strike off the heads and finger-tips of enemies; certain tactics and precautions are enjoined; leaders are to beware of insincere mediation, and not to allow overtures at a time of vantage. Wayfarers are not to be indiscriminately looted, and warfare is to be followed by religious instruction. It was allah Allåh who slew the enemies in the victory of Badr; the warrior is His helper, and the slain on the path of allah Allåh are not dead but living; they are martyrs (shahid shahæd), a word not applied to those who suffer death unresisting at the hands of persecutors. Death in His way is better than wealth and is rewarded by Paradise. To the living is granted rich booty and there is more to come, but it must be remembered that the booty belongs in the first place to allah Allåh and the Apostle. Prisoners of war are in the power of the captors to kill, sell as slaves, hold to ransom, liberate, or convert to islam Islåm.

4. Slavery.

Slavery is a domestic institution, and as an accompaniment of warfare is accepted by the quran QurŸån. The killing of captives after the battle of Badr is referred to in 8 68: "It has not been for any prophet to possess captives until he hath slaughtered in the land." The slave is the absolute property of his master as man is of allah Allåh. Female slaves may be taken as concubines at discretion, but their master should not hire them out as prostitutes; on the contrary (if he does not want them himself) he should make provision for their marriage. Married women may be taken to wife if made captive in war. The master of the house is free from the rules of decorum before female slaves. Slaves are to be kindly treated, and if able to redeem themselves they are not to be hindered from doing so. It is better to marry a believing slave than a free idolater.

5. Criminal Laws.

These occur in the form of penalties enacted for the commission of certain crimes. The thief is to lose a hand. The unchaste woman may be immured alive or confined for life. In the case of sodomy the offenders are to receive an undefined punishment, or if penitent to be forgiven. In case of fornication one hundred stripes are to be inflicted on each of the offenders. For homicide retaliation by the relatives of the person killed may be carried out, or blood money may be exacted by them. Murder is deserving of hell in the next world and of retaliation in this. For warfare against allah Allåh and the Apostle the penalty is impalement or mutilation or banishment. In this and other fragmentary legislation the customary law and practice of the Arabs is no doubt presupposed.

6. Civil Regulations.

These too are fragmentary, and deal with special needs that arose out of developments in muhammad Muøammad's career, so that one cannot draw a clear line between moral counsels and legal orders.
For instance, property is not to be expended on vanity or on bribery, but no penalty is laid down for the latter. The inheritance of property is dealt with in more detail. Equitable testamentary provision is to be made verbally for parents and kinsmen, and the witnesses are not to alter the terms of the bequest. Legacies should be shared by men and women and a residue left for the poor and the orphan. There are provisions for the portions of husbands and wives and of distant relatives, and the husband is not to inherit the estate of the wife against her will. Directions are also given for attesting a will by oath. Special care for the interests of the orphan is repeatedly enjoined. allah Allåh had found the prophet an orphan child and guided him, and when battles in the way of allah Allåh were fought there were many orphans of the "martyrs" to be cared for. They were to be treated with fairness, their property guarded, and suitable marriages to be arranged for the girls.
The oaths of the quran QurŸån are of two kinds. muhammad Muøammad himself, especially in the earliest surahs Sõrahs, swears, sometimes by the Lord of heaven and earth, sometimes by His creatures, as the mountain, the book, the kabah Kaÿbah, the sea, all to confirm the message which be proclaims. On the other hand he deals with the oaths which believers swear among themselves. They are not to swear readily by allah Allåh lest a hasty oath should need revocation, but if one should have sworn unadvisedly an expiation for the offence is provided, and in 66 2 muhammad Muøammad is released from an oath to one of his wives. Perjury is forbidden on pain of damnation.
Although muhammad Muøammad was originally a trader, yet little mention is made in the quran QurŸån of trade. The only positive enactment is that on usury. Selling is allowed, but usury is forbidden on pain of hell-fire. allah Allåh, who rewards the legal alms, has banned the taking of interest on money and believers must therefore abandon it. Believers may carry on trade while engaged in pilgrimage, despite other restrictions. Though we have no reason to believe that muhammad Muøammad ever travelled by sea, he frequently refers to the ocean, and to the commerce which it bears. The towering ships are a sign of allah Allåh and it is He who speeds them. They are His instruments for the enrichment of mankind by trade and a sign of His goodness. As for the Calendar it is a divine command that the year be reckoned by lunar months and that four of these be held sacred.

7. Domestic and Social Laws.

The most prominent element in these is the legislation regarding marriage which played so important a part in muhammad Muøammad's own life after he became a prince with a harem.
The word for marriage is nikah nikåh, which refers to its physical aspect. Its object is the begetting of children for the multiplication of the race. Marriage, but not concubinage, is lawful with a Jew or Christian, but marriage is unlawful with an idolater. Concubines may be taken from among slave girls, but not from among married women, except they be captives of war. The number of wives at one time is limited to four, but no limit is laid down for concubines. Wives are to be treated with love and tenderness, and with strict impartiality. Marital intercourse is to be preceded by an act of piety. Refractory wives may be beaten or confined, but conciliation is provided for. The marriage of orphan girls is to be carefully arranged. Widows must not remarry before they have waited at least four months and ten days. A table of prohibited degrees of kinship is given, and marriage with a father's wife is particularly prohibited (4 26 f) this having been common among the pagan Arabs; but marriage with the wife of an adopted son is definitely allowed, this having been practised by muhammad Muøammad. At the time of marriage the wife receives a dowry from her husband to which she has a right unless she of her own accord remits it. Believers may acquire a wife for money to be paid as dowry. Any exchange of wives must be carried out with fairness.
Divorce (talaq þalåq) is carefully regulated. There must be an interval of four months between the declaration, accompanied by separation, and the actual dissolution of the "knot of marriage." A divorced wife may not be remarried to the same husband more than three times unless marriage with another man, followed by a divorce from him, has intervened. The dowry of a divorced wife must be returned to her and her remarriage not impeded. Regulations are laid down for the case of the wife as divorced, either before or after the consummation of the marriage, and also regarding the children.
As for the family, kindness, respect and gratitude are to be shown to parents, but this duty may be overridden by loyalty to allah Allåh. Children are not to be killed for fear of want, for boys and girls are a gift from allah Allåh, but family ties may become a temptation to believers to neglect striving for the faith.
A good deal of attention, relatively, is given to deportment. Believers are to be modest in demeanour, kindly in address and courteous in greeting, always using the formula, "Peace be to you" (A's salam salåm alaikum ÿalaikum). They are to avoid frivolity and scandal-mongering and to enter the houses of others only after leave has been given, though it is legitimate to entertain each other hospitably. Women, except those past child-bearing, should not go unveiled, save before near relatives. Strict rules are laid down for modest behaviour as between men and women and the respect to be shown by children and slaves to their elders and betters. Reverent behaviour to muhammad Muøammad is specially inculcated.

8. Ceremonial Regulations.

Here again we have to realise that the fragmentary directions contained in the quran QurŸån rest on the background of Arab custom, the content of which, supplemented by the words of the book, was afterwards elaborated in tradition and eventually codified by theology. Such regulations as are given in the quran QurŸån were taken over, with very slight alterations in the matter of forbidden foods, from the Jewish code. The rules for purification from ceremonial defilement by washing before prayers have already been referred to (see p. 59). It remains to deal with the rules regarding unlawful food and other forbidden things, and with such mention as there is of sacrifice.
Clean and Unclean Foods.
The prominence of this distinction in Leviticus is reflected in the quran QurŸån and in Muslim life down to this day. The terms used are haram øaråm = banned or unlawful, and halal øalål = permitted. As in the case of the Hebrew kherem the ban or prohibition to touch may be owing either to the sacredness or to the pollution of the object. So the commonest use of haram øaråm in the quran QurŸån is as a designation of the Sacred Mosque, but the word is also repeatedly applied to forbidden food the use of which pollutes, in contrast to the permitted food which allah Allåh has sanctified (16 117; 10 60). Before the Torah came to Moses all things were allowed except what Jacob forbade (Gen. 32 32), but the distinction now made in the quran QurŸån between lawful and unlawful foods is not fixed by man but by allah Allåh. For lawful flesh a further rule is given that the Muslim may eat only that over which the killer has invoked the name of allah Allåh. The flesh of idol sacrifices and blood are forbidden. A list is given of lawful cattle and fruits, and several lists of foods forbidden and permitted. The principal prohibitions are those of swine's flesh and strong drink (khamr), but though khamr is forbidden to believers on earth it will be plentifully supplied to them in Paradise. If a Muslim eats unlawful food under compulsion or through fear he may be pardoned. The food of Jews and Christians is lawful to Muslims.
Other forbidden things.
Together with wine (5 92 f) the practice known as maisir is specially prohibited. This consisted in a kind of lots, drawn by means of arrows, for the division of the portions of a slaughtered camel. It is understood to include all games of chance. In the same connection images are declared to be an abomination, and this is not practically qualified, as in the Pentateuch, by the closely connected command to make cherubim over the ark. Magic in the sense of sorcery (sihr siør) is implicitly condemned by muhammad Muøammad's frequent repudiation of the charge brought against him of being a magician. On the other hand there is no prohibition of spells or incantations, but the last two surahs Sõrahs (113 and 114) appear to be of that nature and are extensively used as such by Muslims all the world over.