Source of article : http://www.islamicsupremecouncil.org/understanding-islam/legal-rulings/52-understanding-islamic-law.html
THE ISLAMIC SUPREME COUNCIL OF AMERICA
Understanding Islamic Law
Islam as a Complete Package – Three Aspects
Islam is a complete way of life, sent by Allah in the form of revelation by means of Prophet Muhammad (s). As such it covers the three essential needs of human life: physical, intellectual and spiritual. These three aspects of the faith are known individually as:
1 Islam – Divine law
2 Imān - Belief
3 Iħsān - Ethics and moral character.
The first aspect, Islam, deals primarily with the physical aspects of the faith, such as its obligations, prohibitions and recommended actions. This is the part of the faith governed by Shariah – Islamic law. This aspect cannot however be implemented by itself, but must complement the other two. When the Prophet (s) taught Islam to his followers, he taught them all these three aspects at once, in a natural and holistic approach.
Bases of Shari‘ah – Revelation and Reason
The bases of Shariah are four: two are revelatory, coming from Allah, and include the two core sources, the Qur’ān, Islam’s holy book, and the Sunnah (the practice and teachings of the Prophet Muhammad (s)); and two are based in rational endeavor, consensus (ijma) and analogical juristic reasoning (qiyās).
Fiqh–Application of Shari‘ah in Real Life
The Shariah, based primarily on texts from Qur’ān and Sunnah, embodies broad, general rules that are immutable, not unlike today’s modern societal rules: the sanctity of life, security and freedom of expression, and the inviolability of these rights. The adaptation of law according to time and circumstance is necessitated by changes in society, and the influx of various cultures and material conditions. Islam first came to one people with one lifestyle. As the religion spread and the borders of Muslim lands expanded, all of the different civilizations, each with their own codes of law, traditions and cultures, had to be incorporated into the Islamic polity. This was not achieved overnight and took great foresight on the part of Muslim jurists, being most elegantly brought out in the development of fiqh, the jurists’ law.
Kamali states:
The primary sources of Islamic law are twofold: divine revelation (waħīy) and human reason (aql). This dual identity of Islamic law is reflected in its two Arabic designations,Shariah and fiqh. Shariah bears a stronger affinity with revelation, whereas fiqh is mainly the product of human reason. Shariah literally means “the right path" or “guide,” whereasfiqh refers to human understanding and knowledge. The divine Shariah thus indicates the path to righteousness; reason discovers the Shariah and relates its general directives to the quest for finding solutions to particular or unprecedented issues.[7]
Muslim jurists in the past were quite aware of the constant need to reconcile contradictions between social and legal norms. They continuously adjusted laws to bring them in line with the customs and norms of the people.
Iman Shāfiī, the founder of one of the four schools of thought, he was living in Bagdhad when he put forth his school of thought as Imām Abū Ħanīfa and Imām Mālik before him. Imām Shāfiī came in the 2nd century of hijri and established his school of thought in Baghdad 1250 years ago Hijri. When he moved from Baghdad to Egypt in the last years of his life, he changed his school of thought. He said, “I saw people more corrupted in Egypt then from Baghdad. So what I wrote previously and explained is insufficient to treat these corrupted people because I was more lenient. Now I have to be more strict. So I have to change [my rulings].”
In the early time of Islam, these methods were put together as the discussions ensued between the propagators of philosophy (kalām) and ijtihād. To reduce that contention four schools were formalized as those in authority. That was done by consensus (ijma) of scholars. Whoever references one of these four schools, is considered to have referenced the Qur’ān and Sunnah. Each school while agreeing with the others in the fundaments, differs from the rest in the branches. This provides enormous flexibility to the individual seeking a ruling which fits his needs.
Islam aspires to the highest level of behavior at the individual, family and community levels. The Prophet brought different rules in order to accommodate the culture of each nation and tribe. Allah said:
وَلَوْ شَاء اللّهُ لَجَعَلَكُمْ أُمَّةً وَاحِدَةً
Why did He not do so? To allow flexibility in the rules governing mankind and to generate competition. That is why the ‘door of ijtihād’ remains open, allowing new laws to be created as time moves on.
Who is Eligible to Explain the Shari‘ah?
After the time of the Prophet Muhammad (s), from over 100,000 of his Companions (students who personally met him), fewer than thirty are recorded actually issuing fatwās on new issues in which Ijtihād, or juristic reasoning, was required.
Today the authority for Ijtihād is with the mufti, or Dar al-Ifta, Center of Rulings, which gives general rulings (fatwā, pl. fatāwā) about an incident or legal question. As scholars, they are able to look at the entire package of Islam and issue a ruling on the question at hand.
It is essential to understand that no one can issue a ruling without qualification, and no one can issue a judgment without qualification. Since rulings have a tremendous impact on the life of society and ruling on the individual, it is essential that those issuing them have excellent moral character, and most importantly that they are qualified.
It is related that one of the greatest scholars of Shariah, Abd al-Raħmān ibn Abi Laila said:
I was able to meet with one hundred and twenty of the Companions of the Prophet (s). Every one of these companions was asked about specific Shariah issues, seeking a verdict, but they avoided rendering a decision instead pointing to another companion to issue the answer. They were afraid to give an answer that would be incorrect for which they would be responsible before Allah.
That shows that one can be deeply imbued with Islamic knowledge, as were all the Prophet’s Companions, and yet still feel unqualified to give a verdict. All one-hundred and twenty of the Prophet’s Companions with whom ibn Abi Laila met were hesitant to issue a fatwā.
