Islamic Shariah Law
Preface
Sharia is the Arabic word for Islamic law, also known as the Law of Allah. Islam classically draws no distinction
between religious, and secular life. Hence Sharia covers not only religious rituals, but many aspects of day-today
life, politics, economics, banking, business or contract law, and social issues.
There are three major components of Islamic Sharia Law
1. Quran
2. Sunnah
3. Ijtihad
Components of Islamic Shariah Law:
There are three major components of Islamic Sharia Law (Quran, Sunnah and Ijtihad):
1. Quranic Law
“Remember! The command is for none but Allah” (12:40)
In the Quraan there are certain laws (the details of) which have been determined (FIXED) and for
others guidance has been provided only in principle (flexible according to time under the
boundary limits). The determined laws shall be enforced as is. As far as those laws are
concerned where only the principles are given, an Islamic State shall frame details thereof
staying within the parameters of these principles according to the needs of their time. These
principles shall remain immutable but the rules framed under their guidance shall be liable to
change in accordance with the exigencies of advancing times. This is the expedience, on the
basis of which Allah did not determine the by-laws Himself. If it had so happened, these laws
could not remain consistent with the exigencies of time, and that could render the working of
the way of life prescribed by Him, impracticable. The Book that was intended to remain a code
of guidance for all times and for all the people, had to be thus, i.e. the principles should be
immutable (variable) and detailed (fixed) applicatory by-laws changeable with the change of
time. Only this blend of permanence and change could keep the system permanently
practicable through all times. This reality has been clarified by saying:
O you who believe! (What is necessary for the guidance of mankind has been given through
revelation and is prescribed in the Quraan). Do not put questions about things which if declared
(fixed not flexible according to time) to you may trouble you, and if you question about them when
the Quraan is being revealed, they shall be declared to you; Allah pardons this, and Allah is Forgiving,
Forbearing. O people before you indeed asked such questions, and then became disbelievers on
account of them. (Al_Quraan_005:101-102)
2. Fiqh-us-Sunnah (Authentic Hadeeth and Sunnah)
Allah already told us to Obey Rasool Allah as well.
O ye who believe! Obey Allah and His Messenger (SAW), and turn not away from him when ye hear
(him speak). Be not as those who say, we hear, and they hear not. Lo! The worst of beasts in Allah’s
sight are the deaf, the dumb, who have no sense. (Al_Quraan_008.020 – 022)
O you who believe! Obey Allah and obey the Messenger, and do not make your deeds of no effect
(by disobeying Allah and his Messenger). (Al_Quraan_047.033)
It is not fitting for a Believer, men or women, when a matter has been decided by Allah and His
Messenger, to have any option about their decision: if anyone disobeys Allah and His Messenger
(SAW), he is indeed on a clearly wrong Path. (Al_Quraan_033.036)
And obey Allah and His Messenger and do not quarrel (fall into no disputes) for then you will be
weak in hearts and your power will depart, and be patient; surely Allah is with the patient.
(Al_Quraan_008.046)
If you DIFFER in anything (Faith, Salaat, Sayaam, Zakaat, etc.) amongst yourself, then REFER to
Allah and his Messenger, if you really believe in Allah and in the Last Day. That is better and more
suitable for determinations. [Al_Quraan_004.059]
3. Ijtihad (progressive reasoning by analogy), Ijmaa
(consensus), Qiyaas (analogy)
Allah also told us to Obey Those Who are in Authority (Leader / Leader of the House).
O you who believe! obey Allah and obey the Messenger and those in authority (Leader) from
among you; then if you differ about anything, refer it to Allah and the Messenger, if you believe in
Allah and the last day; this is better and very good in the end. (Al_Quraan_004.059)
And withhold yourself with those who call on their Lord morning and evening desiring His
goodwill, and let not your eyes pass from them (always yes sir, till they follow the Quraan and
Really Authentic Sunnah)
desiring the beauties of this world’s life; and do not follow him whose heart We have made unmindful to Our remembrance, and he follows his low desires and his case is
one in which due bounds are exceeded. (Al_Quraan_018.028)
Allah has promised to those of you who believe and do good that He will most certainly make them
rulers in the earth as He made rulers those before them, and that He will most certainly establish for
them their religion which He has chosen for them, and that He will most certainly, after their fear, give
them security in exchange; they shall serve Me, not associating aught with Me; and whoever is
ungrateful after this, these it is who are the. transgressors. (Al_Quraan_024.055)
Men are the Leader (Manager, Maintainers, Protectors, Responsible, Taking Care) of women
because Allah has made some of them to excel others and (also) because they spend out of
their property; the good women are therefore obedient, guarding the unseen as Allah has
guarded; and (as to) those on whose part you fear desertion, admonish them, and leave them
alone in the sleeping-places and beat them; then if they obey you, do not seek a way against
them; surely Allah is High, Great. (Al_Quraan_004.034)
And do not covet that by which Allah has made some of you excel others; men shall have the
benefit of what they earn and women shall have the benefit of what they earn; and ask Allah of
His grace; surely Allah knows all things. (Al_Quraan_004.032)
The Quraan is the first and foremost source, followed by the Authentic Hadeeth and Sunnah,
which do not contradict the Quraan, and FINALLY followed by the Ijmaa / Qiyaas / Ijtihaad
according to the time and place, and may take benefits from modern sciences as well, of course which do not contradict the Quraan and Authentic Hadeeth and Sunnah.
References
