The Shari'ah

The Place of Shari'ah in Islam

The word "shari'ah" literally means "a way." In Islamic terminology, it means the legal system of Islam. In this book, however, we will translate the word shari'ah as the laws of Islam or the Islamic laws.

"Islam is a din -- a religion." What does a Muslim mean when he uses the word din or religion in this sentence? Does it mean just "believing" in the funda­mentals of Islam? Or does it mean just "living" accord­ing to the teachings of Islam without actually believing in God? No, both these explanations are incomplete. The word din or religion, when used for Islam, means believing in the fundamentals as well as living according to the Islamic laws.

This concept of religion is beautifully conveyed in the terms used by Islamic scholars to describe the fundamental beliefs and the practical laws of Islam. The "beliefs" are described as "the roots of religion" (usulu 'd-din). The "shari'ah laws" are described as "the branches of religion" (furu’ 'd-din). Beliefs without practice is incomplete Islam; and practice without belief may be useful in this world but not of much use in the hereafter.

The shari'ah is a complete way of life; no aspect of human life is outside its domain. Islam expects a Muslim to follow its laws in every aspect of life: personal and familial, religious and social, moral and political, eco­nomic and business, etc. After all, "Muslim" means one who submits to God.

The Qur'an says:

When Allah' and His Messenger have decreed a matter, it is not for any believing man or believing woman to have a choice in their affair. And whosoever disobeys Allah and His Messenger has gone astray into clear error. (Surah Al-Ahzaab, 33:36)

What is the need for the Shari'ah?

Man's nature dictates that he can only function prop­erly within a society, and a society depends for its existence on laws and regulations. Islam teaches that God has sent a series of messengers and prophets with divine laws for man's guidance from the very first day of his creation. The last Messenger was Prophet Muham­mad (may peace and blessings of God be upon him and his family) who brought the final and the perfect mes­sage, Islam, as a guide for mankind till the end of time.

Many people think there is no need for God-made laws, we can make laws by ourselves. Islam believes that human being is a very sophisticated creature; and since he has not made his own body, nor did he create the world in which he lives, he, therefore, is not the best candidate for making laws about himself. Common sense says that when you a buy a complicated equipment (for example, a computer), you should use it according to the "instruction manual" prepared by the manufacturer of that particular machine. To learn the computer by trial and error is not the smart way. Similarly, God as the Creator of man and the earth knows better how the human being should live.

The "instruction manual" that God sent for us is known as the Qur'an. But human being is not just any ordinary machine; rather he is more complicated than the most advanced computer a human can ever produce. So God did not only send the Qur'an -- He also sent an instructor known as Prophet Muhammad (PBUH). The Prophet of Islam brought the Qur'an to us and also provided practical examples in his own life. According to Shi'ah Islam, after the Prophet, the Imams of Ahlul-Bayt are the protectors of the Qur'an and the interpreters of its laws.

The Superiority or God-made Laws over the Man-made Laws

At this point, I would like to point out the superiority of the Islamic laws over the man-made laws. Man-made laws are by necessity influenced by the law-makers' social and racial biases. The United Nations Organisa­tion is the best example of how policies are enforced only when it suits the interest of the super-powers. The rule of the game in man-made laws is not honesty and justice, it is "the might is right".

God-made laws are superior because of the following facts:
God is above class status;
God is above racial prejudice;
God is above the gender rivalry;
God, as the Creator, fully knows the humans as well as the world in which they live.

God-made laws will be just and based on fully informed decision. Let me demonstrate the superiority of God-made laws by using the example of capital punishment.

The secular system always swings according to the mood of the people: sometimes, the people feel that capital punishment for murder is not right and so they pressure their representatives to vote against capital punishment. But when crime rates increase and serial murder cases occur more frequently, public opinion changes and the legislators are influenced in favour of capital punishment.

Actually both sides of this issue reflect the Judeo-­Christian basis of the Western society. Judaism, on the one hand, insists on the principle of justice which demands "an eye for an eye". On the other hand, Chris­tianity promotes the principle of mercy by saying "turn thy other cheek."

Islam, the final version of God-made laws, takes a balanced look at the issue of capital punishment and has beautifully accommodated both the principles of justice and mercy in its system. The Western system did not realize the difference between the two principles of justice and mercy: while justice can be demanded and legislated, mercy cannot be forced or made into a law. You can always plead for mercy but you can never demand mercy.

Islam takes this difference into full consideration, and, therefore, it talks about the capital punishment on two different levels: legal and moral. On the legal level, it sanctions the principle of justice by giving the right of retaliation to the victim. But, immediately, the Qur'an moves on to the moral level and strongly recommends the victim to forgo his right of retaliation and either to forgive the criminal or to settle for a monetary compen­sation. This issue has been clearly' mentioned in the following verse of the Qur’an:

In it (the Torah), We wrote to them: "A life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and there is retaliation for wounds." But (before you act according to your right, remember that) whosoever forgoes (his right of retaliation), it shall be an expiation for him (against his own sins). (Surah al-Maaida, 5:45)

Thus Islam has very beautifully provided the legal safeguard for human life on the social level and also encouraged mercy from a moral point of view on the individual level. If human beings are left on their own in this issue, they will always swing between the two extremes of justice and mercy -- only Islam, the final version of God-made legal system can accommodate both these principles.