Islamic Law is divine in
origin and is based on divine revelation. Being divine in origin, Islamic Law
is distinct from human law which is the outcome of customary rules and which
can never, with perfect success, produce uniformity of conduct within the field
of action to which they apply as do the divine laws with their specified norms
of good and bad, virtue and vice.
Divine Laws are the
standards of right conduct and provide guidance, not only in establishing a
well-ordered society, but also in distinguishing between “good” and “evil”. As
a well knit system of obligation they safeguard the rights of all, and as the
product of divine wisdom which alone knows what is absolute good, they ensure
the welfare of the entire humanity. The peculiarity of Divine Law is that it is
eternal and immutable and yet contains principles broad enough to meet the
growing needs of society.
In contradistinction to
this, human laws are based on human reason which is liable to err. Further,
they are made according to the needs of society and to sub-serve its interest,
hence they change with the change in society. They depend for their existence
on the vagaries of public opinion or upon the whims and fancies of a ruling
monarch and, as such, cannot represent that unity of divine law which results
in the uniformity of society.
Divine Law is a
declaration on all matters and provides for every possible eventuality and this
is the claim advanced by the Quran itself: “And We have revealed to you a Book as an exposition
of all things.”
(16: 90)
According to the
classical theory, Islamic Law is the revealed will of God, a divinely ordained
system preceding and not preceded by the Muslim state, controlling and not
controlled by Muslim society. The Divine Law precedes both society and state,
the state exists for the very purpose of enforcing the law. The object of law
is to provide the right path or that standard of character which takes pleasure
in service to humanity. The law is but a body of rights and duties, eternal and
just, designed for all times and for all mankind.
In Islamic concept God
is the Sovereign and the Source of law and to Him is due the obedience of man.
Since He is not only Omnipotent but also Omniscient, human actions are judged
according to motives or ‘Niyah’. This being the important feature of
Islamic law, the believer is required to observe it with sincerity and good
faith. Islamic science of Jurisprudence is called ‘Fiqh’.
‘Fiqh’
literally means understanding or knowledge. ‘Fiqh’ is the knowledge of
what is for a man’s self, and what is against a man’s self. In other words ‘Fiqh’
is the knowledge of things which are permissible for a man to do and of things
that are forbidden to him, including both acts of commission and omission. In
this sense it is a science which points out the extent and limits of man’s
liberty; in other words, it is the science of rights and obligations.
Islamic law has the
character of a religious obligation to be fulfilled by the believer. The law of
God remains the law of God even though there be no one to enforce it. The
believers even if they reside outside the territory of Islam, are bound by the
law, for the law was revealed to bind the believers as individuals wherever
they may be. The law takes into consideration primarily the interests of the
community; the personal interests of the individual are protected only in so
far as they conform to the common interest of Islam.
I end my Friday Sermon on this subject
here for today, and I pray to Allah, to give me the Tawfiq to continue
the same subject next Friday, Insha-Allah.
-Friday Sermon of 28 November 2014 ~(05 Safar 1436 Hijri) delivered by the Khalifatullah Hadhrat Munir Ahmad Azim Sahib (atba) of Mauritius.