The Divine Laws of Pre-Islamic Nations as a Source of Law and Their Issues in Islamic Jurisprudence

Abstract

In this study, we addressed the principle of the authority of previous religious laws, clarifying the points of contention surrounding it. We explained that the disagreement pertains to the rulings from previous laws narrated by God or His Messenger as historical accounts, without any indication in our Sharia that such rulings are binding upon us as they were upon them, or that they have been abrogated, as exemplified in the verse: "For that reason, We decreed upon the Children of Israel that whoever kills a soul unless for a soul or for corruption [done] in the land - it is as if he had slain mankind entirely." We also noted that the scholarly disagreement regarding this principle traces back to the question of whether the Prophet (peace be upon him) adhered to the previous religious laws before his prophethood. This issue, however, holds no significant relevance in the field of Islamic legal theory. Additionally, scholars differ on whether he (peace be upon him) and his community were bound by such laws after the advent of Islam. Some scholars view this disagreement as merely verbal with no real impact on legal rulings, arguing that those who invoke the authority of previous laws often support their stance with additional evidence from Islamic law itself. However, other scholars, particularly those well-versed in legal theory, assert that the laws of previous nations are applicable to us unless specifically abrogated by our Sharia. We provided several examples of legal rulings derived from previous religious laws, particularly those found in the Quran. The Sunnah is also not exempt from such instances, reinforcing the view that this disagreement is substantive and yields practical outcomes in legal rulings, rather than being merely verbal as some scholars suggest.