The concept of legislation and the idea of a legislative authority in the Islamic perspective are different from that in the perspective of other political ideologies. In both perspectives, laws are made to establish justice and prevent crime and harm.
In modern non-Islamic political ideologies, laws are made by man, and are generally based on morals and ethics that are established by culture, norms, and a general consensus. The problem with basing laws on culture, norms, and what society deems to be appropriate and inappropriate is the fact that these measurements of right and wrong change over time. The abolishment of capital punishment in a number of states in the US over the years, the legalization of gay marriage in some Western countries, the recent legalization of narcotics in a growing number of states in the US, and many more examples of changes in the laws of Western countries.
The Islamic concept of legislation places limits on what man may decide to be right and wrong. The Divine Word sets the border between that which is lawful and that which is unlawful. As the Quran and the Sunnah are eternal scriptures, unaltered and unalterable, the fundamental laws derived from them are also unalterable.
Governance and judgment by what Allah has revealed (alhokm bema anzal Allah) is at the cornerstone of Shariah and an Islamic legislative system. The Quran clearly mentions the importance of judgment by what He has revealed in numerous verses.
And whoever does not judge by what Allah has revealed – then it is those who are the disbelievers. (5:44) [Translation: Sahih International]
And whoever does not judge by what Allah has revealed – then it is those who are the wrongdoers. (5:45) [Translation: Sahih International]
And whoever does not judge by what Allah has revealed – then it is those who are the defiantly disobedient. (5:47) [Translation: Sahih International]
Have you not seen those who claim to have believed in what was revealed to you, [O Muhammad], and what was revealed before you? They wish to refer legislation to Taghut [false deities], while they were commanded to reject it; and Satan wishes to lead them far astray.(4:60) [Translation: Sahih International]
Legislation is not but for Allah. He has commanded that you worship not except Him. That is the correct religion, but most people do not know. (12:40) [Translation: Sahih International]
Shariah and judgment by what Allah has revealed places both the ruler and subjects at an equal level before the law. It limits the authority of the ruler to the constraints of shariah as the following hadith mentions:
Allah’s Apostle (Peace and Blessings of Allah be upon him) said, “A Muslim has to listen to and obey (the order of his ruler) whether he likes it or not, aslong as his orders involve not one in disobedience (to Allah), but if an act of disobedience (to Allah) is imposed one should not listen to it or obey it. (Sahih Bukhari – The Book of Judgments)
The Quran also addresses the equality between the ruler and the subjects before Islamic law. In the same verse we are commanded to obey those in authority among us, we are also commanded that, should there be any dispute or disagreement over a matter, then we are to refer it to Allah (Quran) and Mohamed (Sunnah).
Given the complexity of modern society, and with advances in technology and transactions, more laws are needed to address the need for justice in today’s world. Within the scope of Islamic legislation, modern laws must fit the boundaries placed by shariah, and may even be based upon it. For instance, matters such as traffic laws (such as speed limits, staying within lanes) can be considered to place into laws the commandments regarding the sanctity of life in Islam and the protection of property from damage. Within a modern Islamic legislative system, laws pertaining to modern financial transactions must take into account the Islamic prohibition of usury in all its forms.
Shariah brings to stability and harmony what manmade legal systems have rendered changeable and unstable. It places both ruler and subject on an equal footing before the Divine Law.
With the ever-changing manmade measurements of justice and ethics, Shariah places an eternal and objective scale with which justice is truly applied.
Then is it the judgment of [the time of] ignorance they desire? But who is better than Allah in judgment for people who are certain [in faith]. (5:50) [Translation: Sahih International]
View the Original article
0 comments:
Post a Comment