1.1 Humanity's need to Devine legislation.
At a certain period of time human being was unable to perceive what is of interest to him; he was not capable of dealing with this matter in a fair and right way. People with their ignominious behaviours, their different principles and doctrines were in urgent need of repair and orderliness in their lives as a whole. Thus, the appearance of Charia was necessary.
In fact, with the appearance of the Charia, people witnessed a particular change with its laws because they not only illuminated what may be obscure and difficult in their teachings, but also it taught them how their relations with their creator should be.
People's need for charia, particularly the Islamic one was indispensable. It is not restricted to one group, but rather universal. It is addressed to every one, and it is equally true at all times and in all situations. Moreover, it is perfect, lofty and comprehensive (It includes all what is needed in life).

1.2 The Islamic charia and the positive law:
If we look at the characteristics of the Islamic Charia and the bases of the Islamic legislation, we see clearly the difference between the Islamic legislation and the positive law.
First: concerning the source (reference).
The principle reference of the Islamic legislation is revelation (inspiration), the Koran and the Sunna, in addition to the other sources which are always in accordance with the noble Koran and the Sunna. But the positive law's source is human being and whoever this man is, he cannot get rid of his features embodied in wickness, imperfection…etc. These characteristics are found in any law put by man.
Second: concerning its relation with moral characters.
The Islamic legislation is related clearly to characters. This is apparent in its establishment of a group of principles, among them the principle in which priority is given to public interests over the individual ones. The latter is given less importance if compared to the former especially when there is opposition.
Another principle determines the right of neighbourhood. Allah the great say: «And worship God and do not make for Him a partner, be kind with your parents and your relatives, with the destitute (orphans) and your close neighbours as well as the faraway ones…» [Surat An-Nisa /The Women, 36].
The prophet, may peace be upon him said: «Gabriel is always advising me to take care of the neighbours until I thought that he is going to make of him a heir»
He also said: «The one who really believes in God and the last day should be generous with his neighbour».
It is the same thing for legislating the Zakat, (legal alms).
The Almighty Allah say: «Take from their goods alms so that you might purify and sanctify them ». [Surat Tawba / Repentance, 103].
Third: concerning reward:
The Islamic legislation punishes and rewards people in life and in Hereafter. In life, it takes into account what they have done or said. In the ever lasting life, people are rewarded or punished according to their intentions (the heart's deeds). This is the reason why the Muslim feels the necessity of following the charia's instructions. Unlike the Islamic laws, the positive ones reward and punish people only in their lives.

1.3 The testimonies of western scientists and the world congresses about the Islamic charia's greatness and availability.
The Western scientists who are objective in their opinions, and some world congresses agree on the greatness and fitness of the Islamic law.
First: some scientists' testimonies.
-Dr Izico Anssaboto said: "The Islamic law surpasses the European legislation in many of its researches. Its fixed laws are the firmest and the most stable ones given to the world"
-Professor Charbel who is the superintendent of the faculty of law in Vienna claimed in the Right Congress of 1927: "Humanity takes a great pride in the belonging of a man like Muhammad to it, because in spite of his illiteracy, he succeeded some centuries ago to bring a new legislation that, we, the Europeans, will become the happiest ones if we achieve its summit after tow thousand years"
-Professor David said:
"So the Islamic law remains till now among the most important Fikh systems in the contemporary world"
Second: the witnesses of some congresses.
-The World Congress of Comparative Law which took place in Lahai in 1937. It was agreed on the following points:
    1-To consider the Islamic legislation as one of the sources of general legislation.
    2-The Islamic law are a living ones and they are available for development.
    3-It is the unique legislation that is not extracted from any other one.
-The World Lawyers Congress which took place in Lahai in 1948 claimed: "Because of the flexibility of the Islamic legislation and because of its great importance, it is necessary for the World Lawyers Association to adopt or deal with a comparative study of this legislation and encourage it"
-A meeting in the Faculty of Law, Paris, carried the name of "The Islamic law's week" It took place between July 2nd and 7th of 1951. During it, it was agreed on the following:
"It is clear that the principles of the Islamic law are of great legislative value that we cannot ignore, and the differences between the doctrines within this great Fikh system means nothing but the great knowledge and the presence of many kinds of artistic manners".

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