THE CHARACTERISTICS OF THE ISLAMIC SHARIA
The characteristics of the Islamic Sharia
The thing that distinguishes the Islamic Sharia from any positive law is its features that raise it to the higher degrees of perfection and completeness. Among these features we mention:
The source of the Islamic Sharia is the Almighty Allah. This is why all its instructions and rules aim at making close links between people and their Creator. So, the Muslim believer is obliged to work according to these injunctions as Allah the Great said:
«It is not up to for the believers, man or woman when Allah has decreed a matter, for them to have any choice in that matter…». [
«By your lord! They will not believe until they accept you to judge between them in their disputes, and accept your decision with entire submission without feeling the least resentments in their hearts». [
The divinity of the Islamic Sharia brought forth the following features:
a) The injunctions of the Islamic Sharia are void of any deficiency, because their legislator is Allah whose perfection is utmost and absolute.
b) The injunctions of the Islamic Sharia are infallible and contain no rules of oppression and tyranny because they are founded on the absolute fairness and justice of Allah.
c) The laws and injunctions of the Islamic Sharia are so exalted and sanctified; the Muslim believer shows a great respect and reverence for them.
2. The mingle of the worldly punishment with that of the Hereafter
The Islamic Sharia prescribed worldly legal punishments for the persons who transgress its limits and violate its injunctions just like the positive law. But concerning punishment in the Hereafter, the positive laws have no power over it. It is the laws of the Islamic Sharia that penalize those who contravened its instructions in the Hereafter. So, unlike the positive law, the Islamic Sharia gathers between the worldly punishment and that of the Hereafter.
3. The mingle of stability with flexibility
The Islamic Sharia is characterized by stability and flexibility. Stability is found in its principles, general perceptions and in all what is absolute, and flexibility is found in its branches, partialities and in all what is dubious or not clear.
It is its stability that prevents it from dissolving and melting with the other Sharias (the previous divine laws), and it is its flexibility that makes it keep pace with the latest developments (it is not bounded by time).
4. Balancing between the individual and the group interests
In the Islamic Sharia, as opposed to the positive law, the individual and the group interests are equal. It does not prefer the group to the individual, nor does it favor the individual over the group.
This feature appears in four things:
A) Time: the Islamic Sharia can never be abrogated or suspended. It is the sole governor until the day Allah inherits the earth and all what is in it.
B) Place: it is not limited by geographical boundaries. It is the light of Allah that illuminates the whole world.
C) Human being: the Islamic Sharia is addressed to all people and all nations without exception. The Almighty Allah said:
«We have sent you to the entire mankind as a bearer of glad tidings and as a warner, but most people do not understand». [
«Say, O people, I am the messenger of Allah to you all…». [
«And we did not send you but as a mercy to all beings ». [
«Blessed is Allah, the one who has revealed the Criterion to His servant, that he may be a Warner to the worlds». [
The prophet Muhammad -may peace be upon him- said: «Before, the prophet is sent to his people in particular and I have been sent to all mankind». [Agreed on]
D) Injunctions: the laws of the Islamic Sharia deal with all the matters of life; they paved the way of faith for human being; and they demonstrated for him the stipulations and the consequences of his succession on earth. They considered all the phases of his growth and life. In addition, they control all mankind's relationships either with Allah, himself or with the others.
Realism is clearly seen in the way instructions are legislated and how people (obliged to observe the precepts of religion) deal with them like the consideration of various facilitations. For instance, people who are not able to pray towards
It means that the rules of the Islamic Sharia always achieve a proper balance between two opposites. Moderation is what gives the Islamic Sharia strength and continuity. The Islamic Sharia stipulated the individual disciplined possession, which is a compromise between the abolition and the total freedom of possession. It enjoined bravery which is between cowardice and rashness; and it ordained spending which is between stinginess and dissipation. The Almighty Allah said: «Do not make your hand linked totally to your neck, and do not stretch it largely. Otherwise you become reprimanded and grieved». [
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