Biblical Law in the Medinan Surahs

What is Qur’anic law? The most robust definition is offered by Lowry (2017), who defines as legal any of the Qur’an’s commandments to “engage in specific, repeatable physical (i.e., not purely mental) conduct.” Yet this definition has rightfully been questioned by Christiansen (2021) and Schmid (2021), both of whom show that even the most nuanced distinction between the physical and the purely mental can be collapsed. In effect, I hold that any attempt categorically to distinguish between the Qur’an’s physical and mental commandments is necessarily secondary to the kerygmatic imperatives of the text itself. Such an attempt becomes relevant in the translation of the divine message into societal practice, as has been attempted in traditional Islamic legal discourse, yet does not do justice to the historical occasion of the text’s initial promulgation. A more fruitful historical approach to Qur’anic law must jettison later constructs in favour of the text’s own conceptual framework. In this sense, I argue that the notion of “Biblical law” is operational in the Qur’an, as can be illustrated by focusing on both its “legal narratives” and its “legal clusters.” The Qur’an’s “legal narratives,” typically spread out throughout the Meccan and Medinan surahs, establish the provenance, application, and historical development of God’s law. They pertain to 1) pre-Israelite law, 2) the tablets as source of law, 3) figures enforcing the law and 4) figures abrogating and confirming the law. The Qur’an’s “legal clusters” are those agglomeration of verses, mainly in Medinan surahs, in which it instructs its audience how to fulfil specific legal obligations, which can be subdivided into four subsets according to their presentation in the text itself. These are 1) foundational law clusters, 2) dietary law clusters, 3) sexual law clusters and 4) atonement and punishment clusters. The Qur’anic legal narratives thus sanction its specific legal prescriptions, which in turn translate the narratives into action. Both the narratives and the laws that the Qur’an relates to the Bible, finally, are indeed deeply rooted in, yet at no point reducible to, legal material found in the Hebrew Bible, in the New Testament, and in these Scriptures’ late antique Jewish and Christian interpretation. By following the Qur’an’s internal organization of its legal narratives and legal clusters, I propose a historical categorization that illustrates a pivot towards both Biblical and traditional Arabian law and towards Biblical legal narratives in the Medinan surahs.