The Nature of Islamic Law by Syed Hujatullah Ziayi (Professional Advanced) It gives me great pleasure to find this lucky chance to share my ideas with my dear brothers and sisters. The aim of this humble article is to state briefly the topic of today’s issues. It is true that we the human beings naturally prefer the New to the Old but this generalization can’t be applied to all situations and practices. As we can never say that since the well-known formula; two multiplied by two is equal to four, has been used by mankind for thousands of years, it has become obsolete and thus needs to be discarded.
The Nature of Islamic Law
The Nature of Islamic Law, Since Islam is the path which acquaints humanity with the system of creation of the universe, it provides such laws for mankind that are in conformity with human needs though not such needs as we conceive by imagination and whim. Obviously, human nature is the same and will remain the same as long as human beings exist, irrespective of place and time or their way of living.
Nature has laid a path before them whether they accept or reject to tread. In this regard, it must be taken into consideration that Islamic laws are divisible into two distinct kinds: First, those laws and regulations that protect vital human interests.
This class of laws pertains, for example, to a section of believes and principles which form human devotion and humility towards the creator (wherein there is no possibility of change and alteration) and those general laws pertaining to the general aspects of human life, such as, food, housing, marriage, defense etc. which are a permanent feature of man’s social existence. This class of laws is known as “Islamic Shariah”.
Secondly, those laws and regulations which have temporal, regional or some other special aspects and change their form with variation in modes of living. This class of laws is alterable according to gradual cultural advancements and changes in the social scene and needs revision with the abolition of old customs, methods, and emergence of new ones.
For example, in the day the primitive man, who had a very simple way of life and only handled simple and primary raw materials, needed simple laws to fulfill his elementary hours in tedious labor.
Modern Islamic Law
In the modem world, where life is as fast as electricity, the tremendous diversity of jobs and professions have emerged due to the variety of work. This division of work into thousands of professions has resulted in legislation of thousands of regulations, to which several more are added every day; indeed, we are in need of such variety of laws.
This second class of laws which is alterable and can be modulated according to the changing conditions of place and time has been assigned to the institutions of general guardianship, and are subject to the opinion of the prophet of Islam and those appointed by Him.
Thus we aren’t allowed to change Islamic laws under any name to our own desire and haven’t the right to misuse or misinterpret. According to the title, the topic is the subject of Islam. It is so unfortunate to say that Islam and Islamic laws are misused and misinterpreted.
The Nature of Islamic Law, The Islamic laws aren’t subservient to the desires’ and whims of any person, neither like the laws and statutes of countries with despotic and dictatorial regimes nor like the laws of democratic countries which are subject to the wishes of the majority, awareness llQra 2010. Techguideme.com