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The Superiority of Islamic Legislation and Laws (Shariah)

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  • The Superiority of Islamic Legislation and Laws (Shariah)

    The Superiority of Islamic Legislation and Laws (Shariah)
    The wisdom and purpose behind Divine legislation may not appear in full to
    mankind in any particular generation. Furthermore, it is very difficult to give a full
    discussion of what we ourselves see of this wisdom. Therefore, we will only give
    brief hints.

    God’s law represents a complete way of life, which regulates and directs all
    aspects of human life in whatever stage and shape it finds them. This way of life
    relies on an infallible and true knowledge of man and his needs, and of the universe
    in which man lives and the laws that control the universe and human existence. As
    such, it does not ignore any matter of importance to human life. It does not allow or
    give rise to any destructive conflict between the different types of human activity or
    between such activity and natural laws. The reverse is true: it establishes proper
    balance and fine harmony. These can never result from any man-made system, since
    man’s knowledge is confined to what is within human knowledge at a particular
    time. Any system which man devises must reflect human ignorance and lead to some
    conflict between different aspects of human activity. This will inevitably lead to
    violent shake-ups.

    The Islamic system sets absolute justice as its goal. For one thing, it is God alone
    who knows how and by what means absolute justice can be established. For another,
    God is the Lord of all and He can establish justice between all. The system He lays
    down and the law He promulgates are free of prejudice, imbalance, extremism or
    ignorance. This cannot be said of any system or law which man devises, since man is
    influenced by his own prejudices, caprice and desire, and his vision is hampered by
    his imperfect knowledge. This applies to all human laws, whether they are enacted
    by an individual, a class, a nation or a generation. In no situation can man be free of
    his prejudices and desires and in none can he have perfect knowledge or a
    comprehensive, profound and perfect insight, not even in a single case for which a
    law is required.

    Moreover, the Islamic system is in perfect harmony with the laws which govern
    the universe, because it is devised by the Creator of both the universe and man.
    When the Creator legislates for man, He treats him as an agent in this universe who
    has control over certain elements made subservient to him by the will of His Lord, on
    condition that he follows His guidance and learns the nature of these elements and
    the laws regulating them. This produces harmony between man and the universe in
    which he lives. The law which regulates human life acquires, then, a universal aspect
    to enable man to deal with all living things and objects in the whole universe on the
    basis of this law. Let us not forget in this context that man cannot break away from
    this universe. It is inevitable that he will have to deal with it on the basis of a proper
    and sound system.

    Furthermore, the Islamic system is the only one which liberates man from
    subjugation by others. In all other systems, some people are subservient to others,
    and some look up to others. Only under the Islamic system do all people share the
    same position of being servants of God alone.

    As we have explained, the most fundamental aspect of Godhead is legislation.
    When someone enacts legislation for a human community, he claims for himself the
    position of Godhead. People in that community become his servants instead of being
    God’s servants. By giving the authority to legislate to God alone, Islam declares the
    liberation of mankind, or indeed, the rebirth of man. For man does not come into real
    existence unless he is liberated from subservience to another man and unless all
    human beings stand on an equal footing in front of the Lord of mankind.
    This question which is fully discussed in the present passage is the top and most
    important question of faith. It is the question of Godhood and servitude, justice,
    freedom, equality and proper existence.

    The state of darkness, as used in an Islamic context, does not refer to a particular
    period of history. Rather, it refers to a particular condition, which may be present in
    any period of time. In essence, it signifies making law and legislation subject to
    human desires, not to the Divine system. It is immaterial whether these desires are
    those of an individual, a class, a nation or a generation. They remain human desires.
    An individual may enact laws for a certain community and the result is that the
    community lives in darkness because his desire or his opinion becomes the law. A
    class may legislate for the rest of the community and the result is darkness
    enshrouding its whole life because the interests of that class become law, or let us
    say, the opinion of the parliamentary majority become law. The representatives of all
    classes and all sectors in the nation may legislate for themselves, and the result is the
    same darkness engulfing the whole of life, because the desires of human beings and
    their imperfect knowledge become law, since people cannot be without prejudices
    and cannot acquire perfect knowledge. Or it may be the people’s view that is the law.
    And a group of nations may legislate for mankind, but the result is still the same,
    because the national goals of those nations, or indeed the views of the international
    community become law. In each one of these situations, the difference is only in
    words.

    But when the Creator of individuals, communities, nations and generations,
    legislates for all, the result is a Divine law which does not favour an individual, a
    community, a nation or a generation at the expense of others. God is the Lord of all
    and He treats them all equally. He knows the nature and the interests of all and He
    makes His law serve all their interests and meet all their needs in absolute justice.
    When anyone other than God legislates for mankind, people become subservient, be
    that person an individual, a class, a nation or the international community. But when
    God legislates for mankind, they are all free and equal. They bow in front of no one
    whatsoever and they submit to God alone. This explains how serious this question of
    legislation in human life and in the life of the universe is. “Should the truth be
    subservient to their desires, the heavens and the earth and all those who are in them will
    become corrupted.” (23: 71) A judgement according to laws other than that revealed by
    God means evil, corruption and turning away from faith, as the Qur’ān itself says.

  • #2
    saudi arabia does not have sharia law, I know most salafis believe that but it's far from the truth

    Comment


    • #3
      This all seems very beautiful in books and theory. Practically we have never seen any sharia based state in the last 1400 years. We have seen pure capitalist, communist, socialist states but not Islamic.

      If Sharia is so much good then why it could not be implemented in the last so many centuries. The reason is that there is no Sharia in Islam. There is no complete justice and legal ssytem in Islam. There are only few moral injunctions but not a complete legal or judicial system.

      Islam only completely caters for your beleifs, worship and morality. Nothing less nothig more.

      Comment


      • #4
        Originally posted by osho View Post
        This all seems very beautiful in books and theory. Practically we have never seen any sharia based state in the last 1400 years. We have seen pure capitalist, communist, socialist states but not Islamic.


        which societies have been pure capitalist, socialist or communist?
        Islam only completely caters for your beleifs, worship and morality. Nothing less nothig more.
        evidence please?
        [QUOTE=Afghanistan2010;658085][B]He is no different [COLOR="Red"]than us[/COLOR][/B],[B]he[COLOR="Red"] blindly believes [/COLOR]in the words [COLOR="Red"]of other men[/COLOR][/B],:[/QUOTE]

        2010 Admitting he's a blind believer not in God, but what other men says.

        Comment


        • #5
          Quran is the evidence. It gives you complete details of beleifs, worship and morality but no details are found about politics, economics, culture, society, education, science, technology, philosophy, natural sciences, social sceinces, law, jurisprudence etc. You find only moral injunctions regarding politics and these other spheres of life.

          Anoher evidence is that Sharia was never implemented and promulgated in the last many centuries. If it was so good then why it did not find its way to me implemented for the benifit of Muslims and humanity
          Quran isthe main source of Islam. I dont believe in all hadith.

          Comment


          • #6
            Originally posted by osho View Post
            Quran is the evidence. It gives you complete details of beleifs, worship and morality but no details are found about politics, economics, culture, society, education, science, technology, philosophy, natural sciences, social sceinces, law, jurisprudence etc. You find only moral injunctions regarding politics and these other spheres of life.

            Anoher evidence is that Sharia was never implemented and promulgated in the last many centuries. If it was so good then why it did not find its way to me implemented for the benifit of Muslims and humanity
            Quran isthe main source of Islam. I dont believe in all hadith.

            Well then this is clearly false because the QUr'an prescribes penal code which is a legislative application. Thus cannot be by definition simply personal application of religion as this deals with public order and government. Also we have historical evidence that Muhammad(saw) had governors and Wazirs during his lifetime who allotted over public affairs.

            The lack of application is not evidence that it lacks law, it only means the Laws are not Applied.

            You have not demonstrated your case from the standards of Logic.
            [QUOTE=Afghanistan2010;658085][B]He is no different [COLOR="Red"]than us[/COLOR][/B],[B]he[COLOR="Red"] blindly believes [/COLOR]in the words [COLOR="Red"]of other men[/COLOR][/B],:[/QUOTE]

            2010 Admitting he's a blind believer not in God, but what other men says.

            Comment


            • #7
              The penalties mentioned in Quran are for deterrence. No court on the face of earth especially in these modern days can apply these punishments as cutting of hands only for one dollar. these are moral injunctions and have metaphorical implications.
              Muhammad was a propht for religion but at the same time an Arab ruler like Soloman was a prophet but also a king. He had double role. He clearly differntiates his duty as prophet and ruler.

              We are discussing religion not logic.

              Comment


              • #8
                we're discussing religion using logic as a tool to evaluate it. Otherwise there is no validity to way to determine who is correct or who isn't. Logic shows your argument is incorrect

                Penalties used as a deterrent is a factor of law because in Law, penalties are used for deterrent, this is a fundamental concept of Legal Theory. Law is a governmental instrument which implies a public government structure

                correct Muhammad(saw)was a ruler, but he became a ruler by religious institution; otherwise he wouldn't have been a ruler at all. This further verifies that Theocratic law is apart of Islam
                Last edited by RevolutionThroughReason; 09-11-2012, 02:22 PM.
                [QUOTE=Afghanistan2010;658085][B]He is no different [COLOR="Red"]than us[/COLOR][/B],[B]he[COLOR="Red"] blindly believes [/COLOR]in the words [COLOR="Red"]of other men[/COLOR][/B],:[/QUOTE]

                2010 Admitting he's a blind believer not in God, but what other men says.

                Comment


                • #9
                  [QUOTE=RevolutionThroughReason;641864]which societies have been pure capitalist, socialist or communist?


                  QUOTE]
                  Nothing can be dubbed as pure but it is a common sense knowledge that earstwhile USSR was communist. Cuba and North Korea are communist. Venezuela and China(with state capitalism) are socialist. USA and most of the developed world are capitalist.

                  We cant say with the same confidence that there is or there was any country with Sharia. There are muslim countries but there is not a single country which is Islamic.

                  Comment


                  • #10
                    Logic is a brach of Philosophy and only used in philosophy for valid reasoning. It is a tool for philosopher. Religion deals with faith, worship and morality and cant be proved or disproved by logic. You cant reach God or angles or prophets through logic. Its need belief or faith which can be some time pure emotion and can be totally blind.

                    YOU CANT PROVE VARIOUS MODES OF WORSHIP LIKE PRAYERS BY LOGIC. You just do it for spiritual satisfaction. Heart has a reason which reason cant understand.

                    Yes ethics can be philosophical but it is totally different from religious morality.

                    Comment


                    • #11
                      Here we go again, Maiwand, if it was such a good system, why dont you leave holland and go to Somalia or Waziristan?

                      Sharia is backward, repressive, stupid and illogical/irrational.

                      I will explain why as follows:-
                      • Lashing women who are raped because they failed to provide four male witnesses who pray five times a day.
                      • Women considered worth half of a man.
                      • Death for leaving Islam(Apostasy)
                      • Non -Muslims pay special taxes, which tend to be higher, (Jizya)
                      • Non-Muslims are not allowed to practice their faith freely or build their own places of worship.
                      • Science is repressed and censored
                      • You can be lashed for missing a prayer
                      • You are allowed to marry a child, as in child brides are legal
                      • You are allowed to keep four wives but prohibited vice versa
                      • Woman have to walk in burqas, now showing their feet, hands or face because the innocent Muslim men are easily attracted and could force them to rape a women for showing her legs(according to their view point)
                      • You get to stone adulterers with stones in a crowd for Public entertainment, I guess counciling or the whole concept of there are more fish in the sea is out of the question under Sharia.
                      • Women cant divorce their husbands, and will loose their childs custody to the husband, meaning women under sharia cant get their children if their husband divorces them.
                      Alot more......................

                      they say Sharia is superrior than any other man-made laws?

                      Maiwand, Sharia is man-made, Hadiths are man-made, those who interpretate your holy texts are man-made!

                      Comment


                      • #12
                        Originally posted by osho View Post
                        Logic is a brach of Philosophy and only used in philosophy for valid reasoning. It is a tool for philosopher. Religion deals with faith, worship and morality and cant be proved or disproved by logic. You cant reach God or angles or prophets through logic. Its need belief or faith which can be some time pure emotion and can be totally blind.

                        YOU CANT PROVE VARIOUS MODES OF WORSHIP LIKE PRAYERS BY LOGIC. You just do it for spiritual satisfaction. Heart has a reason which reason cant understand. Yes ethics can be philosophical but it is totally different from religious morality.

                        Logic is used in philosophy, but not merely branch of philosophy; it's a tool used to evaluate the truth values of ideas and concepts and also arrive at answers. You can't prove modes of worship, because they don't have the property of falsifiability ; but you can PRove or Disprove truth claims. You made a truth claim regarding the nature of a certain religious path; Whether or not Islam includes politics; What I did was use logic to demonstrate truth claims.

                        Firstly I took the definition of what defines Politics; Politics is a system of social governnance; Governance is defined by a Legislative System. Islam has a lesgislative system; and it is used to govern society. There are institutions that administer this which denotes Government and so on. Islam even has an economic theory; any idea which deals with economic dealings becomes an economic theory, no matter how refined it is. Thereby using logic I can show your claim is wrong and is merely an uneducated and misinformed opinion.


                        Thus in line with the natural conclusions of your claim; one has to choose whether one wants to be Muslim and embrace Islam as a total system of organization which includes politics, worship, morality, etc. etc. or just abandon it. Whether Islam is a correct system or not is another story. That is up to the individual to determine for themselves. But there can be no doubt that Islam possesses a Political Ideology within its Structure of Beliefs, enshrined into it
                        Last edited by RevolutionThroughReason; 09-14-2012, 01:22 PM.
                        [QUOTE=Afghanistan2010;658085][B]He is no different [COLOR="Red"]than us[/COLOR][/B],[B]he[COLOR="Red"] blindly believes [/COLOR]in the words [COLOR="Red"]of other men[/COLOR][/B],:[/QUOTE]

                        2010 Admitting he's a blind believer not in God, but what other men says.

                        Comment


                        • #13
                          Originally posted by Soldat_Amir View Post
                          Here we go again, Maiwand, if it was such a good system, why dont you leave holland and go to Somalia or Waziristan?

                          Sharia is backward, repressive, stupid and illogical/irrational.

                          I will explain why as follows:-
                          • Lashing women who are raped because they failed to provide four male witnesses who pray five times a day.
                          • Women considered worth half of a man.
                          • Death for leaving Islam(Apostasy)
                          • Non -Muslims pay special taxes, which tend to be higher, (Jizya)
                          • Non-Muslims are not allowed to practice their faith freely or build their own places of worship.
                          • Science is repressed and censored
                          • You can be lashed for missing a prayer
                          • You are allowed to marry a child, as in child brides are legal
                          • You are allowed to keep four wives but prohibited vice versa
                          • Woman have to walk in burqas, now showing their feet, hands or face because the innocent Muslim men are easily attracted and could force them to rape a women for showing her legs(according to their view point)
                          • You get to stone adulterers with stones in a crowd for Public entertainment, I guess counciling or the whole concept of there are more fish in the sea is out of the question under Sharia.
                          • Women cant divorce their husbands, and will loose their childs custody to the husband, meaning women under sharia cant get their children if their husband divorces them.
                          Alot more......................

                          they say Sharia is superrior than any other man-made laws?

                          Maiwand, Sharia is man-made, Hadiths are man-made, those who interpretate your holy texts are man-made!
                          So,

                          Comment


                          • #14
                            The above post is statement of a problem. A thesis statement. you can claim that there are political institutions and ideology in Islam and just narrate the claim but where is logic is here? where is syllogism? where is a=b, b=c, a=c. There is no pure logic. Its difference of opinion. I claim that there is no politics in Islam because there is no political theory or practice in Islam. Its an axiom, a self evident truth as we can't find a well established theory nor we have seen it in the last 1400 years except few years of the prophet which was Arab political system and not Islamic system.

                            Comment


                            • #15
                              Originally posted by Soldat_Amir View Post
                              Here we go again, Maiwand, if it was such a good system, why dont you leave holland and go to Somalia or Waziristan?

                              Sharia is backward, repressive, stupid and illogical/irrational.

                              I will explain why as follows:-
                              • Lashing women who are raped because they failed to provide four male witnesses who pray five times a day.
                              • Women considered worth half of a man.
                              • Death for leaving Islam(Apostasy)
                              • Non -Muslims pay special taxes, which tend to be higher, (Jizya)
                              • Non-Muslims are not allowed to practice their faith freely or build their own places of worship.
                              • Science is repressed and censored
                              • You can be lashed for missing a prayer
                              • You are allowed to marry a child, as in child brides are legal
                              • You are allowed to keep four wives but prohibited vice versa
                              • Woman have to walk in burqas, now showing their feet, hands or face because the innocent Muslim men are easily attracted and could force them to rape a women for showing her legs(according to their view point)
                              • You get to stone adulterers with stones in a crowd for Public entertainment, I guess counciling or the whole concept of there are more fish in the sea is out of the question under Sharia.
                              • Women cant divorce their husbands, and will loose their childs custody to the husband, meaning women under sharia cant get their children if their husband divorces them.
                              Alot more......................

                              they say Sharia is superrior than any other man-made laws?

                              Maiwand, Sharia is man-made, Hadiths are man-made, those who interpretate your holy texts are man-made!
                              All these are 100 % true but my difference of approach is that this is not sharia, this is not Islam. Islam has been defamed by including these as part of Islam or so called sharia.

                              Yes there are references to these punishments or ideas in Quran or so called hadith but these should be seen in the proper context. the verses were revealed for some particular even at that time but are now obsolete or need reinterpretation according to the new circumstances depicting the realities of modern life. Making these mentioned points as part of Islam is a disservice to Islam.

                              Comment

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