Islamic law is a very sensitive subject on which the best minds of every era have been devoted and the most intelligent people of the Ummah have worked on it. Like other sciences and arts, its technical importance is also very high. However, the main thing that has kept it alive as a living knowledge in every era and in which no science or art in the world can compete with it is the issue of its application to the conditions of the times.
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It is not just an art that is limited to the walls of research, but the leadership of the world is in its hands, it has an eye on the conditions of the times, it is responsible for the order and discipline of society, it holds the reins of the moral system, it has a major role in the formation of conditions and circumstances. If Islamic law does not rule society, there will be no difference between man and beast. Islamic law also deals with morality and the private life of man and with the political and social system.
Islamic law is a wonderful gift of God to the human world. No law made by humans can match it. As long as Islamic law rules the world, Peace, tranquility, prosperity and complete freedom from evil remained in the world, but since the world has been deprived of the shadow of this law, unrest, immorality, poverty and hunger have become common, love and tolerance have died, human values have been trampled upon, the entire philosophy of morality has been limited to the pages of books, it has no connection with ordinary life, the law has been made a child’s play, even the best minds of the world have started to exert mental pressure on it, those who were not sincere about the law have been given the power to make laws through public elections, thus the law has been made a means of fulfilling their desires, the world has been deprived of Islamic law, it has been deprived of all the blessings of life, today the world needs this law again, the peace and tranquility that the world is seeking today can only be achieved under the supervision of Islamic law.
All the laws of the world are dwarfed and incomplete in front of it. Everyone has made fun of Islamic law and for hundreds of years thousands of minds have been trying to arrange it. They are engaged in civilization, but despite this, they have not been able to leave their childhood.
A Complete System of Life
Islam is the name of a universal religion and a complete system of life that has guided humanity in every era. For more than a thousand years, the strongest and most extensive leadership on earth has been in its hands. And despite hundreds of revolutions and changes in circumstances during this entire period, there has never been a moment when any feeling of tightness or thirst was felt in this legal system. The legal system of Islam has solved the problems of every class of humanity in every era and played a fundamental role in the development and stability of the country and nation.
As long as Muslims remained consciously attached to this system, their development and expansion continued. Wherever they went, the earth and the sky welcomed them, people closed their eyes and the world welcomed them because they had gone to introduce such a system of life that is a permanent guarantee of peace and prosperity, development and stability, and internal and external tranquility.
Cause of Decline
But when the relationship of Muslims was weakened consciously or unconsciously by this system, they also started to weaken internally and the shadows of decline started to fall on their national and social life because collective life requires a collective system and for any community to break up, it is enough to break or cast doubt on the system to which that community is connected. The decline of any nation starts from this point, whether the majority of the nation realizes it or not.
The same happened with Muslims. In the divine law and Islamic system that Muslims had implemented on earth, Muslims were the victors. The largest share of the priorities of this system belonged to Muslims. Other nations and minorities were also given all human rights, but the difference was that in it, the status of Muslims belonged to those who gave them and that of other nations belonged to those who took them. But when another system replaced the Islamic system and collectivism was separated from religion and merged with a secular system, all priorities in this new system were given to others and people who had no sympathy for Muslims were placed in its front ranks. Therefore, Muslims had no choice but to sit in the back seat.
If the national pride and religious sense of the Muslims had awakened on this occasion, they could have made up for their mistakes and gotten rid of this new artificial system. But unfortunately, the vast majority of the ruling class of Muslims remained a victim of such criminal negligence and were so fond of false interests and temporary pleasures that all their senses became dead.
The main reason for the general decline of Muslims all over the world today is that their relationship with their source of life has weakened. They have put this legal system in the cold storage, which not only guarantees their life and identity, but also contains the secret of the life and progress of all humanity. The example of Muslims in this earthly universe is that of the heart.
If righteous blood flows from the heart, then the system of the whole world will remain correct, and if the system of the heart is weak, then it will affect the whole world. But Muslims have forgotten this position of theirs. They have lost the knowledge of their reality. They have not remembered with which divine position and divine system they have come to this human world? How thirsty is humanity? How much do nations need them?
They covered themselves with a cloak of neglect and self-forgetfulness and left the nations of the world to wander like a herd of wild animals in the valley of darkness. Rather, like other nations of the world, they too plunged into the realm of materialism, worldly pursuits, debauchery, and the pursuit of luxury. The satanic system wanted only that the nation that awakened others should fall asleep, that the group that shouldered the burden of the caliphate should sit down exhausted, and that the thread of enjoining good and forbidding evil should dry up.
The temperament of Islamic law
In this regard, it would be very useful for us to keep the temperament of Islamic law in mind, thus we can understand the effectiveness and importance of Islamic law better:
Islamic law has taken into account the psychology and natural inclinations of all nations and regions of the world. With this aim in mind, some basic issues were taken into account at the time of formulating Islamic law, which shed light on the temperament and temperament of Islamic law, for example:
Full consideration has been given to not giving any order that is unbearable for the common people.
The desire to celebrate Eid and festivals is present in every nation. In appreciation of this feeling, two days were set aside for national Eid in a year and it was allowed to celebrate and decorate them to the extent permissible and permissible.
Natural inclination and inclination were given importance in worship and all those motivations and factors that prove to be helpful and helpful in it are allowed, provided that there is no obscenity in them.
Things that are difficult for a sound nature were made forbidden.
Teaching and learning, enjoining what is right and forbidding what is wrong were made permanent so that human natures could be molded according to Islamic temperament.
Two degrees of commitment and reluctance were established in the performance of some commands so that a person could choose whichever he wanted according to his convenience.
In some commands, two different types of actions are narrated from the Messenger of Allah (peace and blessings of Allah be upon him) and depending on the circumstances, there was room for both to be practiced.
In some evils, it was ordered to deprive one of material benefits.
Gradual development was kept in mind in the implementation of commands, that is, not all commands were implemented at once, nor were all restrictions imposed.
Special consideration was given to the maturity and imperfection of the national character in constructive reforms.
Most of the acts of goodness were explained in full detail and were not left to the understanding of humans, otherwise great difficulties would have arisen.
In the implementation of some rulings, circumstances and interests were taken into account, and in some, individuals and individuals were taken into account.
There are many clear statements and references in the Quran and Hadith that shed light on the above principles, for example:
It is by the mercy of Allah that you have been gentle to them. If you had been harsh and hard-hearted, they would have turned away from you. (Aal-Imran: 17)
Translation: “It is by the mercy of Allah that you have been gentle to them. If you had been harsh and hard-hearted, they would have turned away from you.”
Allah does not burden a soul beyond its capacity. (Al-Baqarah: 286)
Translation: “Allah does not burden a soul beyond its capacity.”
Allah desires ease for you, and He desires hardship for you. (Al-Baqarah: 185)
Translation: “Allah desires ease for you and does not desire hardship for you.”
And Allah has not placed upon you any hardship in religion (Al-Hajj: 78)
Translation: “Allah does not intend to place you in any hardship, but He intends to purify you.”
The Messenger of Allah (peace and blessings of Allah be upon him) said when entrusting Hazrat Musa Al-Ash’ari (may Allah be pleased with him) and Hazrat Mu’adh bin Jabal (may Allah be pleased with him) with the management of religious affairs:
Make it easy, do not make it difficult, create love, do not create hatred, promote unity and harmony.
On another occasion, he said:
I have been sent with the easy and sincere religion of Hanifah (narrated by Ahmad: Mishkat Sharif: 334 Al-Jihad)
Translation: I have been sent with the easy and sincere religion of Hanifah.
There is no harm or harm in Islam (Ibn Majah: 340 Mustadrak Al-Hakim, Vol. 2, pp. 57, 58)
Translation: In Islam, one should neither cause harm to anyone nor suffer harm oneself.
Regarding the Miswak, the Messenger of Allah (peace and blessings of Allah be upon him) said:
If I had not feared that my nation would be in trouble, I would have made it obligatory to use the Miswak at every prayer. (Al-Mushkaah: 45, Chapter Sunan Al-Wudhu)
Translation: If I had not feared that my nation would be in trouble, I would have made it obligatory to use the Miswak at every prayer.
Explaining the reason for not repairing the Kaaba, the Prophet (peace and blessings of Allah be upon him) said to Hazrat Aa’ishah:
If my people had not become newly Muslims, I would have demolished the Kaaba and rebuilt its gates on the foundations of Abraham (and added Hatim to it).
It was his general practice that when he was given the option of choosing between two things, he (peace and blessings of Allaah be upon him) would have chosen the easier one, provided that it did not involve sin.
These verses and hadiths help a lot in understanding the nature of Islamic law and give an idea of how much scope there is for general human interests.
In addition, the comprehensiveness, eternity, meaning, life, sophistication and sense that Islamic law has, and its applicability to the conditions of every era, is not found in any law in the world, which is why it has the right to lead in every time and place.
This distinction of Islamic law can be understood under the following headings.
Legal status
The most basic thing is that human law cannot become law without the ratification and approval of a human group or a human court, while Islamic law is ratified by the Lord of the universe himself. Whether the court of the world accepts it or not makes no difference to its legal status.
The aspect of sanctity
Human law does not have any aspect of sanctity for itself, it governs people’s bodies and not their hearts, while Islamic law is a sacred and respected law for its followers, it is a gift from God to humans, and thus it governs hearts as well as bodies and deals with both the external and internal aspects of society.
Positive and negative difference
Human law has generally been built on negative foundations, it often comes into existence as a result of reaction, that is why it does not provide any guidance in the areas of building individuals, morality, self-purification and purification and education, while Islamic law mostly follows positive principles, and looks at causes and motives more than actions and legislates in the light of this.
Legal Meaning
Human law is based solely on family traditions and regional customs and habits, therefore it contains all the impurities of prejudices and ideologies. It does not contain a mixture of scientific and philosophical foundations, while Islamic law has been based on human nature and divine guidance from the very beginning. It has been built on universal and philosophical foundations from the very beginning. The first step of Islamic law has been taken from there, to the point where human law will reach after thousands of years of evolution.
Legal Unity
Unity and uniformity in law are also essential. Human law does not have unity and uniformity in principle because its capital consists largely of family traditions and national customs and habits that differ from region to region and family… Whereas Islamic law has been based on the principle of unity from the beginning because its foundation is on divine guidance rather than tradition. From Adam (peace be upon him) to the Prophet (peace be upon him), the laws of all the prophets are associated with the same unity, as the Quran itself testifies to.
We have prescribed for you the same religion as We enjoined upon Noah and that which We inspired in you, and We enjoined upon Abraham, Moses and Jesus, that you should establish the religion and not become divided therein (Shura: 13)
Translation: We have prescribed for you the same religion as we enjoined upon Noah and that which We inspired in you, and We have enjoined upon Abraham, Moses and Jesus, that you should establish the religion and not become divided therein. This is also what We have revealed to you and this is the religion which We taught Abraham, Moses and Jesus to establish this religion and not to differ therein.
The Source of Law
Similarly, human law is the product of a few human minds, while Islamic law is a gift given by the Creator of the universe himself. Today, there is no difficulty in understanding the fact that man can never formulate a law for himself, because man has limited knowledge and sensitivity, he cannot know the common value of the psychology of millions of people and he cannot make laws keeping in mind the feelings and natures of all people. No matter how sincerely a law is made, it will inevitably be influenced by natural inclinations and personal tendencies… Therefore, the right to make laws belongs only to the Creator of the universe.
Law from the community or the community from the law?
A fundamental difference between human law and Islamic law is that in human law, the law is subordinate to the community, society comes first and law is made for its organization, the law does not create the community….
While in Islam, the law is prior to the community. The law does not depend on the existence of the community and its conditions, but the law is made first and the community is built according to it. If the conditions are not favorable, they are reformed and an attempt is made to make them suitable for the implementation of the law, but the law cannot be changed based on the conditions.
Enforcement Power
Human law is also weak in terms of enforcement power. It does not have complete control over its people, nor is the law alone sufficient to prevent crimes. It needs strong helpers for the practical implementation of any of its laws. That is why there are many possibilities for criminals to escape in this law.
On the contrary, Islamic law begins with the thought of the Hereafter and the sense of what is lawful and what is forbidden. It trains the human conscience and prepares its external and internal for the law. It instills in the heart and mind of every citizen the feeling that
Every one of you is a guardian and every one of you is responsible for his/her flock. (Agreed upon by Riyad al-Salihin al-Nawawi, vol. 1, p. 145)
Translation: “Every one of you is responsible and each one will be questioned about his/her respective responsibilities.”
I am only a human being, and I do not have the right to judge. So it is possible that some of you may be more eloquent than the other, and I may consider him to be truthful and decide for him on the basis of his apparent evidence. Therefore, if I decide for a brother in favor of another Muslim brother, it will not be correct based on the decision. He will be a piece of fire. Whoever wants to take it and whoever wants to leave it, he will be a piece of fire. Whoever wants to take it and whoever wants to leave it, he will be a piece of fire. Whoever wants to take it and whoever wants to leave it, he will be a piece of fire.
Respect for Human Psychology in Islamic Law
Islamic law is in accordance with human nature. It fully respects human nature and psychology. The following verse of the Quran refers to this:
So follow your religion with complete sincerity, which is in accordance with the nature of Allah, upon which He has created mankind. There is no change in the creation of Allah. That is the religion of the eternal, but most people do not know (Al-Rum: 30)
Translation: “So follow your religion with complete sincerity, which is in accordance with the nature of Allah, upon which He has created mankind. There is no change in the creation of Allah. That is the eternal religion, but most people do not know.”
It is never possible for human law to respect all human nature and requirements. There are countless examples of this (for details, read the book “The Distinction of Islamic Law in the World” by Hakeer Rakim Al-Haruf, Vol. 1, pp. 251-254).
Respect for Human Interests in Islamic Law
Another distinction of Islamic law is human interests have the status of a legal basis. Human interests refer to five matters… life… religion… race… intellect… and wealth. All matters related to the protection of these five things are included in human interests. The affairs of religion and the world revolve around them and through them, all the issues of the individual and the community are monitored. For details, the above-mentioned book should be studied.
Today the world needs this law again
From the above reasons, it can be understood that the guidance of the human world is still possible through Islamic law, Islam is a complete religion and a complete law, it is a natural law for all humanity…
For centuries, man has been trying in the field of law-making, although divine laws have been used to a great extent in it, but despite this, no such complete law has been formulated yet which can be declared unamendable and can be called a complete mirror of human emotions and actions… It is only Islamic law that calls itself perfect and complete and also declares itself irrevocable.
Today I have perfected for you your religion, completed my favor upon you, and have chosen for you Islam as your religion. (Al-Ma’idah: 3)
Translation: “Today I have perfected for you your religion, completed my favor upon you, and have chosen for you Islam as your religion.”
And we have sent down to you the Book, a clear explanation of everything, and a guidance, mercy, and good news for the Muslims.” (Al-A’raf: 52)
Translation: “And we have sent down to you the Book, a clear explanation of everything, and a guidance, mercy, and good news for the Muslims.”
The Quran discusses such principles and generalities that can be applied to the details that occur in every era and every region, and light can be obtained from Quranic examples and parables in the situations and events of every era. This claim of the Quran is absolutely correct in the light of events and experiences.
And we have set forth for mankind in this Quran every kind of example (Zumar: 27)
Translation: “And we have set forth for mankind in this Quran every kind of example.”
And this has also been acknowledged by Western legal experts in their own words that Islamic law has the full potential to solve all the problems and difficulties of life. In several seminars, these experts formally adopted the resolution that Islamic law is also one of the general sources of legislation, it has the full potential to evolve.
This resolution was adopted at the International Conference on Comparative Law (held in The Hague in 1931), then it was renewed at the second conference held in the same city (1937), and a similar resolution was also adopted at the International Conference of Lawyers (held in The Hague in 1948).
