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What distinguishes the Islamic charia from any positive law is the features that
raise it to the higher degrees of perfection and completeness. Among these
features we mention:
2.1 Divinity.
It means that the source of charia is the Almighty Allah. This is why all
its instructions and rules aim at making close links between people and their
creator, so the pious is obliged to work according to these instructions as
Allah the great say: «It is not up to the believers, man or woman, if Allah and
His messenger decided a thing, to have the choice in their way of acting» [Surat
Al-Ahzab/The Combined Forces, 36]
He also say: «By your lord, they are not believers unless you are their judge in
their disputes and they find no anguish in what you decide and that they submit
completely» [Surat An-Nisa/The Women, 65].
Among the results that have come from this feature, there are:
-The instructions of the Islamic charia are complete because their legislator is
God, the possessor of the absolute completeness.
-The instructions of the Islamic law contain no rules of oppression or tyranny
because they are founded on the fairness and the justice of Allah.
-The sanctity of the charia's laws to the extent that the pious shows a certain
respect and reverence for them.
2.2 Globality in:
a- Time: It means that the charia does not accept any abrogation or
delaying. It is the sole governor until the day Allah inherit the earth.
b- Place: it is not limited by geographical boundaries, it is the
light of Allah that illuminates the whole world.
c-Human being: the charia is addressed to all people and
all nations without exception. The Almighty Allah say: «We have not sent you but
to presaging events and warning all the humanity» [Surat Sheba, 28].
«Say ,Oh people, I am the messenger of Allah to you all…» [Surat Al-Arãf/ The
heights, 158].
« And we did not send you but as a mercy to humanity» [Surat Al-Anbiyã/The
Prophets, 107].
« Exalted is the benediction of Allah, the one who has brought down the book of
discernment to His messenger so that he warns the universe» [Surat Al-Furqãn/The
Discernment, 1]
The prophet, may peace be upon him, said: «Before, the prophet was sent to his
people in particular and I am dispatched to all the people».
d- Instructions/rules: the charia's laws deal with all the
affairs of life, they take into account all the phases of man's life. In
addition, they are the governor of the man's relationships with either God,
himself or with the others.
2.3 Realism.
It is clear in the way instructions/laws are legislated and how they deal
with them, for example, the consideration of various facilitations. For
instance, people who are not able to pray in Mecca's direction (Kibla); they are
licenced to pray as they can. Another example is the one related to ablution.
When there is no water people are allowed to perform their ablution by using
stones or the soil (Tayamum). Adding to this, the permission of taking what is
forbidden in case of necessity.
The Almighty Allah say: «Whoever is constrained by necessity, not out of
insolence, nor with the intention of repeating it, then no sin is on him »
[Surat El Bakara/The Cow, 173].
2.4 The meddling (It is just in between).
It means that the rules of the Islamic charia always achieve a proper
balance between two opposites. Its being in between is the fact that gives it
strength and continuity. The charia deals with the controlled individual
appropriation which is between the annulment and the total freedom of
possession. It advises bravery which is in the middle of cowardice and rashness,
and it prescribes spending which is between miserliness and scattering. The
Almighty Allah say: «Do not make your hand linked totally to your neck, and do
not stretch it largely. Otherwise you become reprimanded and grieved»
[Surat Al-Isrã/The Nocturnal Trip, 29].
2.5 The mingle of lively reward and punishment with those of
the Hereafter.
The charia agrees with human laws (positive laws) on the punishment of those
who commit a contravention of its rules in his life. But concerning his
everlasting life, the positive laws have no power over it. It is the charia's
laws that penalize those who contravened its instructions in Hereafter. So,
unlike the positive laws the charia mixes both rewards (in life and Hereafter).
2.6 The mingle of stability with flexibility.
The charia is characterized by these two elements: stability and flexibility.
The first appears in its bases, generalities and principles as a whole (its
general and single units). The second appears in its branches, partialities and
doubting.
It is its stability that prevents it from melting and dissolving in the other
charias; and it is its flexibility that makes it respond to all the incidents of
all times (it is not bounded by time).
2.7 The balance between the individual and the group.
The Islamic charia, in opposition to the positive laws, balances the
individual interests and the collective ones, i.e. it does neither lean towards
the group on the account of the individual, nor does it bend to the individual's
profit on the group's detriment.
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