Nature and significance of Islamic law

Nature and significance of Islamic law

Muslim jurisprudence, the science of ascertaining the precise terms of the Sharīʿah, is known as fiqh (literally “understanding”). The historical process of the discovery of Allah’s law (see below) was regarded as completed by the end of the 9th century when the law had achieved a definitive formulation in a number of legal manuals written by different jurists. Throughout the medieval period this basic doctrine was elaborated and systematized in a large number of commentaries, and the voluminous literature thus produced constitutes the traditional textual authority of Sharīʿah law.
In classical form the Sharīʿah differs from Western systems of law in two principal respects. In the first place the scope of the Sharīʿah is much wider, since it regulates an individual’s relationship not only with one’s neighbours and with the state, which is the limit of most other legal systems, but also with God and with one’s own conscience. Ritual practices, such as the daily prayers, almsgiving, fasting, and pilgrimage, are an integral part of Sharīʿah law and usually occupy the first chapters in the legal manuals. The Sharīʿah is also concerned as much with ethical standards as with legal rules, indicating not only what an individual is entitled or bound to do in law but also what one ought, in conscience, to do or refrain from doing. Accordingly, certain acts are classified as praiseworthy (mandūb), which means that their performance brings divine favour and their omission divine disfavour, and others as blameworthy (makrūh), which means that omission brings divine favour and commission divine disfavour; but in neither case is there any legal sanction of punishment or reward, nullity or validity. The Sharīʿah is not merely a system of law, but a comprehensive code of behaviour that embraces both private and public activities.
The second major distinction between the Sharīʿah and Western legal systems is the result of the Islamic concept of law as the expression of the divine will. With the death of the Prophet Muhammad in 632, communication of the divine will to human beings ceased so that the terms of the divine revelation were henceforth fixed and immutable. When, therefore, the process of interpretation and expansion of this source material was held to be complete with the crystallization of the doctrine in the medieval legal manuals, Sharīʿah law became a rigid and static system. Unlike secular legal systems that grow out of society and change with the changing circumstances of society, Sharīʿah law was imposed upon society from above. In Islamic jurisprudence it is not society that molds and fashions the law but the law that precedes and controls society.
Such a philosophy of law clearly poses fundamental problems of principle for social advancement in contemporary Islam. How can the traditional Sharīʿah law be adapted to meet the changing circumstances of modern Muslim society? This is now the central issue in Islamic law.

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