Shari`ah and Law

Shari`ah and Law

By Khurram Murad

One image of the Shari`ah which has been assiduously cultivated is that of a collection of laws enforceable only through political authority. This is not the case; all its laws are religious, but religion is not all law. Laws are therefore an important and integral part of the Shari`ah and it admits of no distinction between its parts: "to pray" is as valid, enforceable, obligatory and sacred as "to consult in collective affairs" or to "prohibit interest" or "to stone an adulterer." Yet the Shari`ah overwhelmingly consists of morals, norms, manners, and rules, from worship to statecraft, which depend for compliance entirely upon man's conscience. Law in modern usage is only that regulation which is enforced by political authority; whereas Muslim scholars use this word to cover every act of human behavior, even acts of the human heart; for the Shari`ah deals extensively with the intention, just as it does with the duties of prayer, fasting, and alms-giving as well as with civil and criminal law.

Motivation and Sanction

The entire sanction behind the Shari`ah is man's inner relationship with his Lord, his love and fear of Him, and his sense of responsibility and accountability to Him, here and after death. Much has been made of the punishments prescribed by the Shari`ah, but it is far less widely appreciated that the Qur'an and the Prophet have in fact laid down very few such punishments and, where they have, they concern serious crimes against a fellow human being's life, property, or honor. Because of this, perhaps, the Shari`ah has been able to command a powerful and unparalleled following and obedience from Muslims down the ages, and, despite being often deprived of legal and political sanctions, has been accorded a remarkable adherence from one end of the world to the other.

Inner motivation is the main reason why the institutions created by the Shari`ah-like family life, abstinence from alcohol, and chastity-have tenaciously survived for 14 centuries. The punishment for drinking is rarely enforced, yet the Muslim world has no problem of alcoholism. Stoning for adultery is also rare-except in one or two areas-yet the amount of extramarital sex is negligible. Divorce is easy to pronounce, but the divorce rate is extremely low.

 Love and Law

The Shari`ah experiences no tension between love and law or between faith and deeds. Both are integrated into a harmonious whole.

Guiding man to deen, the way, through the Shari`ah is an act of God's greatest mercy, kindness, and love. Wherever the "sending down of the Book" is mentioned in the Qur'an, the attributes of mercy, wisdom, and omnipotence are also mentioned. (A revelation from the Most Merciful, the Mercy-giving) (Fussilat 41:2); (We sent it down in the blessed night... a mercy from your Lord) (Ad-Dukhan 44:3-4).

And following God's guidance is what man's love for his Lord and Creator must lead to.(Those who believe love God most) (Al-Baqarah 2:165). But: (Say: If you love God, follow me [the Prophet]) (Aal `Imran 3:31). And only when one follows the Prophet out of love for God, is that love reciprocated by Him: (God will love you and will forgive your sins) (Aal `Imran 3:31).

The very distinction between love and law is alien to the temper of Islam and incomprehensible in its vision. Love is all-embracing; how can it even conceive of displeasing the Beloved and ignoring the guidance given by Him? How can One Who loves His creatures leave them wandering and groping in darkness to find answers to the complex problems of life?.

 

Excerpted with slight modifications from Shariah: The Way to God Courtesy of The Islamic Foundation..  

Khurram Murad (1932-1996) studied civil engineering at the universities of Karachi, Pakistan and Minnesota, USA, and was actively involved in the Islamic movement and in the training of Islamic workers. Many of his books, both in English and in Urdu, are being published posthumously.