Islamic Studies Courses In Chabot, Ohlone, Mission, and De Anza Colleges Designed and taught by Hafiz M. K. Siddiqi, Ph.D. Islamic Shari’ah: Legal System Its development and application

Shari’ah is the body of Islamic Law. It is the legal framework within which the public and private aspects of life are regulated for those living in a legal system based on Islamic Shari’ah. It deals with every aspects of day-to-day life, including diet, politics, economics, hygiene, banking, business contracts, family, and social issues.

Then We put you (O’Muhammad) on the (right) Way of Religion (Shari’ah): so you follow that (Way), and do not follow the desires of those who do not know. 45/18 The same Religion He has established for you as that which He enjoined on Noah, the which we have sent by inspiration to you, and that which we enjoined on Abraham, Moses, and Jesus:

namely, that you should remain Steadfast in Religion, and make no divisions therein: to those who worship other things than Allah, hard is the (way) to which you call them. Allah chooses to Himself those whom He pleases, and guides to Himself those who turn (to Him).42/13

Basic principles and foundations of Shari’ah: 1. Common good: 7/ Establishment of perfect and equal justice for all: 4/135, 5/8, 6/152, 16/90 3. It is easy to implement with no difficulty: 5/6, 2/185,22/78 4. Certain needs will make certain prohibited things, permissible, when forced by the necessity without willful disobedience to Allah: 2/173, 6/119,145, 16/115, 5/3

5. Injustice, oppression, aggression and any undue advantage, or unfair treatment was made unlawful: 2/258, 270, 279, 3/57,86 11/18, 14/13, 18/57, 4/148, 16/41, 22/39 11/18, 14/13, 18/57, 4/148, 16/41, 22/39 6. Laa Darara Walaa Diraara: Don’t harm any one and do not let any one harm you. 7. Obligation within the human capacity: 2/286, 4/28, 5/ Gradual prohibition: 2/219, 4/43, 5/ Social change, abrogation: 2/106

Islamic law addresses, both civil and criminal justice as well as regulates individual conduct both personal and moral. The body of law based on the Qur’an and Sunnah distinguished by Islam and Muslims in their application, as Shari’ah law.

Sharia has certain laws which are regarded as divinely ordained, concrete and timeless for all relevant situations for example, the ban on all kinds of intoxicants: liquid, powder, Pill, leaf, drugs, or in any other form. Laws of marriage, divorce, custody of Children etc.

The primary sources of Islamic law are the Qur’an and Sunnah. There are two supplementary sources: Ijmaa’: the consensus of Islamic jurists on certain issues, and Qiyas: Drawing analogy from the essence of divine principles and preceding rulings.

In situations where no concrete rules exist under the sources, law scholars use Qiyas: various forms of reasoning, including by analogy. The consensus of the community or people, public interest, and others are also accepted as secondary sources where the first four primary sources allow.

So, Shari’ah is divinely ordained legal system in which the supreme controlling power and Absolute and independent authority and Sovereignty belongs to Allah swt. All praises Are due for Allah the Sustainer of the worlds1/1 Here Rabb (Sustainer) signifies not only the Sovereign but also Sustainer and provider of the worlds. The command is for none but Allah. 12/40, 67, 80. Blessed is He in whose hand is Dominion, 67/1, See: 57/5.

It is ideal law, it is perfect and for all times Because Allah is perfect. He is universal God therefore His law is universal. It has combined in itself not only what law is but also what law ought to be. That is why it is Ideal and positive. It can be described as the positive law in Ideal form. At the root of all Islamic concepts lies the Doctrine of “the Ummah” the humankind, who are tied to each other, and equal, without distinction of rank, class or race: see 23/52

Differences in/of functions are recognized, but the most noble among them will be the most God Conscious. 49/13 The word Ummah comes from Umm, (Mother) Because the whole humankind is connected to Eve: the mother of humankind, hence, those who accepted the divine message will be the Ummatul-Istijabah, and the rest of the Humanity, Ummatud-Da’wah (To be invited to Divine message).

The community of the believers form a single Indivisible organization charged to uphold the true faith, to persuade people to the good and prohibit them from evil by words and deeds. The designer of this system is Allah and His Commandments were revealed to Prophet Muhammad pbuh. They embody the law and the constitution for the followers of this system.

The Distinctive features of Islamic Shari’ah: 1. It is designed by God: Allah swt. 2. It governs state and citizens both. 3. The ruler, in this system, is an implementer. 4. It governs every aspect of human life. There is no division of secular and religious hence the concept: “render unto Caesar the things that are Caesar’s and unto God what belongs to God” has no relevance.

5. Allah is Merciful, therefore His law can not be entirely Coercive. It is partly Coercive and mainly corrective and persuasive. It allows time for correction, reform and amendment in life. Only serious crimes are punished severely to maintain the order in the society.

6. In the light of this divine constitution, the first Muslim society was formed. The basic concepts of civilized societies such as compassion for the weaker, fairness in dealings incorruptibility in administration of justice were enjoined. Intoxicants, usury, gambling were forbidden. The sacredness of human life, dignity, status of women were raised, rules of inheritance were laid down.

7. A group of righteous people who enjoin right conduct and forbid evil was trained on the hands of Prophet Muhammad pbuh, who made the implementation of this divine law possible in this new society.

8. Virtue and vice, good and evil can not be rationally determined, for God alone knows what is absolutely good or evil. To know objective good is beyond our power and this can not be denied, for it is often we like a thing which is bad for us, and hate a thing which is good for us. See 2/216

That is why the human actions are Cassified Into certain categories: Haram (Unlawful), Halal (Lawful) Fard (Compulsory) Wajib (Duty)Makrooh (undesirable) etc. 9. Transactions of various kinds were also classified with appropriate terms like: Sahih (Valid), Fasid (defective), Batil (Null and void), etc.

The very basic five human rights were Named and protected. Any violation of those was considered a punishable crime: 1. Life 2. Religion 3. Intellect (includes freedom of expression) 4. Wealth 5. Honor