Document Type : Original
Authors
1
Associate Professor, Department of Department of Qurʾān and Ḥadīth Studies, Farabi College, University of Tehran, Qom, Iran; level 4 Graduate of Qom Seminary in Exegesis and Quranic Sciences, Qom
2
Professor, Department of Qurʾān and Ḥadīth Studies, Farabi College, University of Tehran, Qom, Iran
3
PhD Student, Department of Qurʾān and Ḥadīth Studies, Farabi College, University of Tehran, Tehran, Iran; Level 3 Seminary Student, Qom, Iran
Abstract
If we acknowledge that the “father’s rights over the child” was a recognized and influential legal concept in the legal context of the Qurʾān, how does the Holy Qurʾān address and engage with this established norm? This question’s answer can illuminate how the Holy Qurʾān addresses the pre-existing legal systems. Therefore, the present article has tested the hypothesis of the “authoritative presupposition” of the Qurʾān in legislation within the framework of the concept of paternal ownership. In conclusion, it seems that from the very first step of its revelation, (Arabic: اَلْنُّزول, Romanized: al-nuzūl) the Qurʾān has “confirmed” the notion of paternal ownership with its silence, and subsequently, it has only provided “authoritative” statements to correct some of the rejected consequences of that notion. The rights of a father regarding the marriage of his child, the father not being subject to retribution for the murder of his child, the permissibility of usury involving the father and child, the precedence of the grandfather’s guardianship over that of the father, the involuntary release of the father, the non-application of the theft punishment on the father, and several other similar rulings all stem from the notion of paternal ownership, which has been authorized by the silence of the Qurʾān. In light of this authoritative silence, it appears that “Sunnah” (Arabic: سنة) has only the duty to clarify and elaborate the legislative model of the Qurʾān concerning this notion and has not legislated alongside the Divine book.
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