Islamic law: a Divine gift
By Sidrah Unis
LAW can simply be defined as a set of rules governing human conduct. The western concept of law presupposes a state. According to it, the state makes or authorizes to make rules that constitute law, and these rules are enforced on the basis of sanctions. The purpose that the law is made to serve may vary from welfare of the people to the interests of a regime.
The origin, nature, and scope of the Islamic legal system is different from that of the western legal systems. Islamic law, in plain words, is the body of rules of conduct revealed by God to his Prophet (PBUH) whereby the people are directed to lead their lives.
Compared to the western concept of law, the features of Islamic law, in brief, are: 1. It has not been decreed by any earthly ruler, but revealed by God. 2. It originates from Divine Revelation, not custom or tradition. 3. It remains valid, whether a state recognizes it or not. 4. Where a state does not recognize it, Islam ensures its observance by the Muslims living in its territory through cultivation of religious consciousness in the human soul and awakening of awareness through moral education. Thus, Islamic law applies to the conscience of a Muslim even if he is living in a non-Muslim state.
5. It addresses every aspect of human life, not just the legal system. 6. Its purpose is to ensure the welfare of man, individually and collectively. It does not aim at the glorification of the lawgiver, as God is above all wants and weaknesses. 7. The means by which compliance with Islamic law is secured are of a wider character than the sanctions in the western legal systems.
8. In a Muslim state, the community through a chosen representative or a group of representatives administers it. 9. When non-Muslims are living in a Muslim state, only those parts of Islamic law apply to them that are not specifically identified with the tenets of Islam. 10. Regarding its enforceability, Islamic law can be divided into the following three classes: a. Those laws that regulate men’s relations to and dealings among one another, their enforcement is incumbent upon the community; b. Those laws that only address the spiritual aspect of an individual’s life, are enforced, by God, by means of spiritual rewards and punishments; and c. Those laws that not only concern the spiritual aspect of individual life but also affect Muslim society, their enforcement is left to the discretion of the state.
It must also be noted that though the western legal systems regulate the economic, social, and political affairs of a nation, they do not cover rules of moral behaviour. Such rules only exist in the form of customs and social manners, and are enforced by the sheer force of public opinion. Consequently, whenever the public accepts as moral or even starts ignoring certain immoral actions, the entire concept of morality, due to this moral laxity, transforms. Islamic law, on the other hand, reaches much deeper into thought, conduct, and life.
The range of scope and purpose of Islamic law and western legal systems differ due to the different characters and abilities of their creators and proponents. It is a fact that in order to have an absolute comprehension of what the law should be, one must not only have before him the entirety of human life but also completely understand the human nature.
No jurist can ever have such a complete picture of human life and nature. Only God has the ability to accurately know which rules are suitable for all human beings. Thus, the law prescribed for man by Him, through Divine Revelation, is the most comprehensive and expedient one. No wonder, most of the recent western concepts regarding human rights, rights of animals, international affairs, family matters, judicial independence and impartiality, legal representation, juristic personalities, charitable trusts, non-retroactivity, etc, were never alien to Islam.
As it is the Revelation through which we become aware of the will of God, so it is the source of the laws of Islam. Revelation consists of: 1. Communications made by Gabriel, under the directions of God, to the Prophet (PBUH) either in the very words of God, or by hints; 2. Such knowledge as occurred in the mind of the Prophet through inspiration from God; and 3. Opinion of the Prophet, embodied in the form of ratiocination, delivered from time to time on issues that happened to be raised before him.
In answer to the question as to how opinion of the Prophet can form part of Divine Revelation, God says: “Your companion errs not, nor does he deviate. Nor does he speak out of desire. It is naught but revelation that is revealed — One Mighty in Power has taught him, the Lord of Strength. So he attained perfection.” (Al-Quran, 53: 2-6)
Revelation is available to us in the form of the Quran and the Sunnah of the Prophet. The Quran comprises only those Revelations that are made in the very words of God, while the rest form the corpus of the Sunnah. Here it must be mentioned that it is wrong to claim Ijma and Qiyas as sources of Islamic law. Both are mere tools provided in Islamic jurisprudence for further extension of the law.
They only extend the laws given in the Quran and the Sunnah to matters not expressly covered by them. The methods of expansion of law should not be confused with sources of law.