The Origin and Formation of Quranic Jurisprudence from the Perspective of Orientalists

Quranic jurisprudence or in other words Islamic jurisprudence as a complete system of Islamic rules and laws has been reflected in the works of Orientalists for a long time. In other words, the origin and source of Quranic jurisprudence are one of controversial issues in this field of study. Orientalists have turned to the studies of Islamic studies and jurisprudence with different aims and objectives. In their works, they have criticized and examined this issue, and they have addressed the basic question of whether the jurisprudence rulings were issued from the primary source of the Quran or whether jurisprudence has Islam been influenced by other divine religions such as Judaism and Christianity and even the laws of some countries? From this, the present study deals with the “origin and formation of Quranic jurisprudence from the point of view of the Orientalists” by descriptive-analytical method and by collecting information in the library method and content analysis. Referring to some apparent similarities of Islamic laws with the laws of previous divine religions, they developed this premise and paid attention to the fact that, contrary to the opinion of Muslim thinkers, Islamic jurisprudence is not derived from the Quran and the source of revelation, but this group of laws has entered the religion of Islam from Judaism and Christianity, and in this regard, some cases of similarity of Islamic laws with the laws of previous religions have been pointed out. Of course, some orientalists, along with Muslim thinkers, believe that since the rulings in different religions are from the heavenly God, therefore it is not strange to observe some aspects of similarity, and since the rulings in the heavenly religions were issued from a single source and for common purposes, they have aspects of similarity, and several reasons such as the existence of some jurisprudence and rules such as the system of hasbah, iqab, ta’zir, zakat, etc., which exist only in Islam and jurisprudence of the Quran, are a clear proof of the non-adaptation and formation of Islamic jurisprudence from other sources that the author criticizes in the present study by addressing the opinions of some orientalists about the origin of the jurisprudence of the Quran