3. Applying the injunctions of Islamic Law constitutes obedience to Allah. Following the injunctions of Islamic Law is a way of worshipping Allah and earning His reward. Likewise, disobeying the Law amounts to disobedience of Allah and is a way of deserving of His wrath. Some forms of transgression have prescribed punishments that are supposed to be carried out in this world. Others hold the threat of punishment in the Hereafter. It is, thus, possible for us to say that the individual Muslim is always acting as an overseer policing himself out of fear of Allah. It is on this basis the character of the individual and society is built.
As for man-made laws, the impetus to obey them is the fear of reprisal from the political authority, not the hope of attaining blessings and rewards from Allah. Likewise, disobedience to such laws does not instill a feeling of wrongdoing as long as it goes unnoticed by the authorities. Thus, there is nothing to discourage the use of deception to assert a legal claim against someone else, because whatever the judge rules will be deemed permissible or forbidden, in the most absolute sense, on the basis of his judgment.
4. Islamic Law holds the distinction of being comprehensive and general in its scope. It comes to regulate three different factors: the relationship between the individual and his Lord, the relationship between the individual and himself, and the relationship between the individual and others. Devotional Law deals with the first of these through its legislation of different forms of worship, like prayer and fasting.
The relationship between the individual and himself is handled by injunctions like those dealing with dietary laws, those regulating personal dress, and everything else that is legislated for the purpose of protecting the individual, his mind, and his body.
The relationship between the individual and others is regulated by Transaction Law and the prescription of punishments to be carried out in this world by the political authorities. It covers such things as marriage, buying and selling, leasing, retribution, fixed punishments, discretionary punishments, legal verdicts, and testimony.
The regulation of all three of these concerns assures that Islamic Law deals with every aspect of human life. In Islamic Law, this is expressed in terms of the five necessities: life, religion, reason, honor, and property. All Islamic legislation can be referred back to the preservation of one or more of these five necessities.
If we compare Islamic Law in this respect to any of the man-made legal systems, we will find that the latter only deal with the relationship between the individual and others. As for the individual’s relationship with himself –who can often be his worst enemy – and his relationship with his Creator –who brought him into existence and submitted the rest of Creation to his needs to facilitate his worship of
The notion of “separation of church and state” is rejected by the Sharî`ah that has Islamic Law as one of its fundamental components. Ethics is likewise a fundamental principle.
The comprehensiveness of Islamic Law also manifests itself in its direct concern for every stage in an individual’s life.
From the time that he is in the womb until the time that he is born, then throughout his infancy, adolescence, adulthood, and old age, and even up to his death and beyond, Islamic Law protects and safeguards the rights of the human being. It assures these rights, even when the individual is unable to assert them for himself, like when he is in the womb, or is in his infancy, or is beset by senility, or after death. It, likewise, protects the rights of the rational adult without any discrimination.
Islamic Law is also concerned with the future of the human being, not only in this worldly life, but also in the eternal life to come, by enjoining acts of worship that must be carried out by every believer in this faith.
Man-made laws are not even concerned with this worldly life except in a limited framework, so there is no reason to discuss them with reference to what is before or after this life.
5. Stability and permanence in principles and flexibility in application. Islamic Law rests upon a set of stable, unchanging principles derived from the Qur’ân and Sunnah. The texts of the Qur’ân and Sunnah have been most carefully and accurately recorded and preserved. Most of these texts contain general injunctions for legislation without going into the precise details relating to application. This affords the jurist broad powers of discretion that allow him to take ever-changing circumstances into consideration.
The Islamic political system is a good example. The religious texts give a general outline of how it is supposed to be, which includes such things as justice between the citizenry, obedience to political authority, consultation between Muslims, and cooperation in righteous conduct. At the same time, the texts leave the application of this general outline to practical circumstances that require a measure of flexibility. The important thing is that the outlined objectives of Islamic government are realized, not the manner in which they are carried out or the different forms that this might take, so long as the injunctions imposed by the sacred texts and the principles of the Sharî`ah are not violated.
In carrying out the objectives of the Sharî`ah, there is a great degree of flexibility and a tremendous capacity for development. There is nothing to prevent the appearance of new injunctions that were previously unknown, in response to changing requirements. The jurists refer to this as the principle that legal injunctions change with the changing of time and place. With this principle, Islam leaves the door to juristic discretion open, allowing the jurist to refer all the matters that the texts are silent about back to similar issues where the texts have given a ruling.
Added to this is the fact that, in Islamic Law, customary practice and the consideration of the general welfare are two important secondary sources of legislation. These two sources are themselves, quite capable of keeping the injunctions harmonious with the cultural environment in which they occur.
