Theory of Law in Islam

Theory of Law in Islam
There are typically eleven disciplines listed under the heading of the "Islamic sciences" or the "shar'i
sciences." These may be divided into the "intrinsic sciences" - theology, Qur'anic exegesis, hadith, law
and legal theory- and the "ancillary sciences"- which include logic and the language arts.
Ushul al - Fiqh is considered one of the most important of the former category, though it often presents
difficulties to those who seek to learn i due to its heavy reliance on the ancillary sciences, and its
extensive use of complex terminology which often requires previous learning.
Both ancient and modern authorities have paid an enormous amount of attention to this science, an
indicator of its standing in their eyes, for it is a branch of knowledge which aids in the formation and
development of the interpretive capabilities of those prepared to undertake and master the science ijtihad,
i.e., usul al-fiqh..
Among the most prominent works written in this field are the Risala of Imam al-Shafi'i, the Burhan of
Imam al-Haramayn al-Juwayni, the Mustafa of the Proof of Islam al-Ghazali, the Umad of al-Qadi al-
Baqillani, and the Mu'tamad of Abu al-Hasan al-Basri. These were subsequently commented upon,
clarified, and revised for generations until the principles and central concerns of the science were set out
in a refined manner.
Islamic theory of law is totally different from that of Western countries because Western system has been
devised by man whereas Islamic system is based upon orders of God. Therefore, there is no flaw or
mistake in this system. Islamic theory of law not only discusses man's external but also his internal
actions. Therefore, it has great importance from a man's intention point of view. All actions are dependent
on intention and Islam sets punishment on this basis. It is meant for worldly and spiritual welfare of man.
Western laws are man-made whereas Islamic laws are God made. That is why that these are permanent
whereas western laws are temporary and changeable. Islamic laws are universal and these are for all
humanity of the world and not particular about a nation or people. Acting upon these laws is a source of
success and progress in whole the world Islam is a complete code of life and in this all aspects of human
life cultural, social, spiritual and economic, have been discussed. Islam has clearly stated its sources of
law.
Sources of the Islamic law or Sharia:-

All religions have sets of codified laws, but they take on special portance for the Islamic faith since these
are the rules that govern not only the eligious lives of Muslims but also form the basis of civil law in
nations that are Islamic Republics, such as Pakistan, Afghanistan, and Iran. Even in nations that are not
formally Islamic Republics, such as Saudi Arabis and Iraq, the overwhelming percentage of Muslim
citizens causes these nations to adopt laws and principles which are heavily influenced by Sharia, the
Islamic religious law. Fiqah or Islamic Jurisprudence has declared several sources of the Shariah. Dr.
Mustafa Ahmed Zarqa, an Egyptian authority on Islamic Law, has classified them into two kinds, namely
fundamental and implicative. The fundamental sources are the original sources of Islamic Law, while the
implicative esources are implied in or derived from, the fundamental sources.
The fundamental sources are (i) the Quran; (ii) the Sunah of the Holy Prophet PBUH); (ii) Ijma;
and (iv) Ijtihad.
The implicative sources are (i) Istislah; (ii) ihsan; and (iii) urf.
We shall now explain each of these sources one by one.
The Quran:-
Holy Quran is the first primary source of Islamic law. Quran is a complete code of life. The Quran also
contains general injunctions which have formed the basis of important juristic inferences. Quran
distinguishes good from falsehood. Basically Quran is a divine book which is revealed to the last Prophet
Muhammad (PBUH). The text contains the fundamental principles which regulate the human life. The
major portion of the text deals with theological and moral reflections. Quran is the essence of Islamic
fiqah.
"Verily this Book has been sent down by Almighty Allah." Meaning of Holy Quran:
Quran is derived from the Arabic word "Qura'a" which means "To read". The Quran is one of the primary
sources of the Islamic Law. It contains relations between individuals and groups. Addressing the Holy
Prophet many commandments, injunctions, prescriptions and rules for the behavior and (PBUH), Allah
Himself says in the Quran: "And we have revealed the Scripture unto the only that thou may explain w
them that wherein they differ, and (as) a guidance and a mercy for a people she believe". (16:64)
Muhammad Hamidullah, the well-known Muslim scholar, writes. The Quran seeks to guide man in all
walks of life, spiritual, temporal individual and collective. It contains directions for the conduct of the
head of state, as well as a simple commoner, of the rich as well as of the poor, as well as for war, for
spiritual culture as for commerce and material well-being."
Thus we find in the Quran such injunctions:
"These are the limits of Allah (Hadud Allah), so do not go near then,"
(2:187) (These are the limits which no one should transgress if he is not to be punished.)
"And the recompense of evil is punishment like it, but whoever forgives and amends, he should
have his reward from Allah, surely He does not love the unjust". (42:40)
"And not alike are the good and the evil. Repel evil with what is best, when lo! he between whom
and you was enmity would be as if he were a warm friend". (41:34 and also 33:96)
"O you who believe! retaliation is prescribed for you in the matter of the slain: the free for the free,
and the slave for the slave, and the female for the female; but if remission is made to any one by
(aggrieved) brother, then prosecution (for the blood money) should be made according to the usage,
the payment should be made to him in a good manner, this is an allowance from your Lord and a
mercy; so whoever exceeds the limits after this, he shall have painful chastisement.
And there is life for you in (the law of) retaliation, O men of understanding, this you may guard
yourselves." (2:178, 179 and also 4:92)
These are a very few examples of the Quranic injunctions and prescriptions. It should, however, be noted
that the Quran is not a book of law. It is a book of guidance for the mankind. It is the first sources of
Islamic law, but it does not contain a detailed corpus of legislation. Although some actions are strictly
defined in it, which need no interpretation or translation, the Quran has, however, drawn in general large
boundaries of the Islamic law within which all human actions can be confined. It offers to the Muslims a
frame of reference within which they can build up the whole body of laws, in accordance with their
peculiar conditions and circumstances. Its prescriptions about such matters as trade and commerce,
marriage and divorce, inheritance, penal law and the like are guides for every contingency of life and
society.

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Theory of Law in Islam

Sources of the Islamic law or Sharia:-

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