A Definition of Law
We hope that this study would provide a clear vision to humanity and present in its true perspective the thought and position of the Muslim individual, who unfortunately due to the distortions made by materialistic imperialism has started begging and borrowing alien ideas, thoughts, principles and systems, in gross violation of truth discharged by reality, so beautifully explained by the glorious Qur’an. We sincerely hope Islam will enable mankind to return to Allah’s straight path and His Divine Laws, the clue to a peaceful life full of harmony, virtue and happiness.
We earnestly invoke Allah the Merciful to help us enact His Laws and to follow His course. Allah is the Hearer of our humble invocations.
If we contemplate the world around us, ourselves, the nature of our society as well as the texture of relations and events in our environment, we realize that everything in this existence is running according to a perfectly balanced system and exact calculation.
The Universe with its worlds of life, thought, society… is by the nature of its existence, the way it moves and the correlations of its elements subject to universal facts, which organize its course, define its role and goal and keep it active and efficient. It is motivated by the potent factor of Humanity.
Through language and its use, the sounds and their pronunciations, the meditation and its ideas, the thought and the course of its movement, the will and the way it acts, the self and its behavior, and last but not the least, the instincts and their inclinations, response and expressions. All of these appear in the feelings of love and hatred that affect human conduct, relations and attitudes resulting in peace and happiness or crime and tension in the society, as well as progress or the decline of civilizations in the course of history.
They also appear in the fluctuations of usages as well as of demand and supply. Besides preserving the inherited physical and biological characteristics and the balance in their appearance and disappearance, they can be perceived in dispersion of the stars, atoms, heavenly bodies and cosmic clusters in their respective orbits.
All these human or cosmic phenomena in this universe, go on and on, in this world of matter, life and thought. They promote such changes as, biogenic, birth and extinction join other elements, affect them or are influenced by them, as the case may be, in a limited manner or in certain specific ways of execution.
Such manners of execution, phenomena and the events including perfectly systematic forms of beings are called ‘The Law’.
Thus it is quite obvious that the necessity of the Law is a universal fact, required by every event, cause, phenomena and subject, be it natural or social.
So under this universal and inevitable rule, man’s activities, behavior and social relations should he formulated within a legal frame in accordance with a specific manner that would preserve his life, accomplish his humanistic objectives, show the nature of his constitution and plan the course of progress and relationship.
When these human relations in the fields of society, politics, economy etc., are systematized in the set of defined rules, we call them laws, canons or regulations of Allah’; all of which come within the scope of religion and constitute a part of it. Since the scope of religion is much wider than just to organize man’s external social relations. Actually, religion organizes man’s inner self too and morally builds it.
Every Islamic rule is a law, and we contend this definition to the concept of law in the social arena, as the current technical terms go. The Islamic Laws or Canons are known in Arabic as Shariah, care of belief, devotional rites, and the individual’s personal activities, such as how to keep clean, to eat, to drink, to wear clothes, to think, etc.
Therefore, the law could be defined as: “The principle which organizes human relations among individuals and groups. This covers all aspects of human life such as social, political, commercial, administrative, financial, family, inheritance work, laud transactions…etc.”
It is thus, obvious that the objective of the existence of the Divine Law is, to subject every manifest, human activity and relation to a balanced and calculated frame of organization and discipline. In Islam, existence is not a confusion, absurdity or loss, as is evident by the following verses of the Qur’an:
“
أَفَحَسِبْتُمْ أَنَّمَا خَلَقْنَاكُمْ عَبَثًا وَأَنَّكُمْ إِلَيْنَا لَا تُرْجَعُونَ
“
[23:115] What! did you then think that We had created you in vain and that you shall not be returned to Us? “He has created everything and has ordained for it a measure.”
“
الَّذِي لَهُ مُلْكُ السَّمَاوَاتِ وَالْأَرْضِ وَلَمْ يَتَّخِذْ وَلَدًا وَلَمْ يَكُنْ لَهُ شَرِيكٌ فِي الْمُلْكِ وَخَلَقَ كُلَّ شَيْءٍ فَقَدَّرَهُ تَقْدِيرًا
”
[25:2] He, Whose is the kingdom of the heavens and the earth, and Who did not take to Himself a son, and Who has no associate in the kingdom, and Who created everything, then ordained for it a measure.
“
اللَّهُ يَعْلَمُ مَا تَحْمِلُ كُلُّ أُنْثَىٰ وَمَا تَغِيضُ الْأَرْحَامُ وَمَا تَزْدَادُ ۖ وَكُلُّ شَيْءٍ عِنْدَهُ بِمِقْدَارٍ
“
[13:8] Allah knows what every female bears, and that of which the wombs fall short of completion and that in which they increase; and there is a measure with Him of everything.
“
وَأَنْزَلْنَا إِلَيْكَ الْكِتَابَ بِالْحَقِّ مُصَدِّقًا لِمَا بَيْنَ يَدَيْهِ مِنَ الْكِتَابِ وَمُهَيْمِنًا عَلَيْهِ ۖ فَاحْكُمْ بَيْنَهُمْ بِمَا أَنْزَلَ اللَّهُ ۖ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ عَمَّا جَاءَكَ مِنَ الْحَقِّ ۚ لِكُلٍّ جَعَلْنَا مِنْكُمْ شِرْعَةً وَمِنْهَاجًا ۚ وَلَوْ شَاءَ اللَّهُ لَجَعَلَكُمْ أُمَّةً وَاحِدَةً وَلَٰكِنْ لِيَبْلُوَكُمْ فِي مَا آتَاكُمْ ۖ فَاسْتَبِقُوا الْخَيْرَاتِ ۚ إِلَى اللَّهِ مَرْجِعُكُمْ جَمِيعًا فَيُنَبِّئُكُمْ بِمَا كُنْتُمْ فِيهِ تَخْتَلِفُونَ
“
[5:48] And We have revealed to you the Book with the truth, verifying what is before it of the Book and a guardian over it, therefore judge between them by what Allah has revealed, and do not follow their low desires (to turn away) from the truth that has come to you; for every one of you did We appoint a law and a way, and if Allah had pleased He would have made you (all) a single people, but that He might try you in what He gave you, therefore strive with one another to hasten to virtuous deeds; to Allah is your return, of all (of you), so He will let you know that in which you differed;
A Definition of Law Maker
“
مَا تَعْبُدُونَ مِنْ دُونِهِ إِلَّا أَسْمَاءً سَمَّيْتُمُوهَا أَنْتُمْ وَآبَاؤُكُمْ مَا أَنْزَلَ اللَّهُ بِهَا مِنْ سُلْطَانٍ ۚ إِنِ الْحُكْمُ إِلَّا لِلَّهِ ۚ أَمَرَ أَلَّا تَعْبُدُوا إِلَّا إِيَّاهُ ۚ ذَٰلِكَ الدِّينُ الْقَيِّمُ وَلَٰكِنَّ أَكْثَرَ النَّاسِ لَا يَعْلَمُونَ
“
[12:40] You do not serve besides Him but names which you have named, you and your fathers; Allah has not sent down any authority for them; judgment is only Allah’s; He has commanded that you shall not serve aught but Him; this is the right religion but most people do not know:
“
إِنَّ رَبَّكُمُ اللَّهُ الَّذِي خَلَقَ السَّمَاوَاتِ وَالْأَرْضَ فِي سِتَّةِ أَيَّامٍ ثُمَّ اسْتَوَىٰ عَلَى الْعَرْشِ يُغْشِي اللَّيْلَ النَّهَارَ يَطْلُبُهُ حَثِيثًا وَالشَّمْسَ وَالْقَمَرَ وَالنُّجُومَ مُسَخَّرَاتٍ بِأَمْرِهِ ۗ أَلَا لَهُ الْخَلْقُ وَالْأَمْرُ ۗ تَبَارَكَ اللَّهُ رَبُّ الْعَالَمِينَ
“
[7:54] Surely your Lord is Allah, Who created the heavens and the earth in six periods of time, and He is firm in power; He throws the veil of night over the day, which it pursues incessantly; and (He created) the sun and the moon and the stars, made subservient by His command; surely His is the creation and the command; blessed is Allah, the Lord of the worlds.
If we contemplate and scrutinize the phenomena of this world, uncovering the secrets and depths of existence and examine the order governing beings, nature and society, we discover the natural connection between laws and ethics as well as the organization of relations between the individual and society on one hand, and the general and natural genesis that organizes nature and life on the other. Man thus, is seen as a universal being who needs like other natural parts of the universe, to be organized.
This unified look makes us realize that there is a common universal law to which man and other parts of the existence are subjects.
This conscious and reflective look helps us to discover another important fact, that man and other beings of nature have a single common initiator, direction and goal.
Allah is the Initiator Who created the whole universe, the Director Who guides and organizes the creatures, and the Great Goal to which man and the universe are heading in their both compulsory and optional progress towards perfection, which is to be carried on according to every being’s degree of existence and potentiality of perfection.
Through this unified thinking and analysis we realize that the whole universe, including mankind, is in need of a balanced law and order system, so as to organize man’s life on natural and universal principles. These rules should be in harmony with his disposition, nborn characteristics and the elements of his existence and activities, as man is an important member of the greater organization of the universal family.
This conclusion leads us to believe that the One Who created the universe and life, and based existence on perfection, beauty, order and accuracy of the highest exactitude would not leave man, a key member of the large universal family of existence, exempted from the progress of this general order of the universe. He would not let him deviate from the greatest goal of existence, the goal of attaining perfection, pronouncing servitude to Allah, and proclaiming the truth of His Existence and Oneness.
Therefore, man should get a clear vision of the Divine Law which organizes his life in accordance with human nature and disposition, through a suitable program and a perfect course and order.
As man was the only being that had the free will to choose, and to express his aims through conscious selection and voluntary dealings, Allah the Exalted, sent Messengers, bearing His Laws to show man the all-embracing course and order that guides him to the final goal of existence, complete submission and servitude to Allah alone. This goal can only be accomplished by sincerely following the path of the Wise Creator that is by adhering to His message brought by the strenuous efforts of His Messengers and Prophets.
By going through the Qur’anic verses, we get the gist of this idea, the idea of man’s need to be governed by a natural order. This is obvious in the call of the Qur’an and in its address to man, as is shown in this verse:
“
إِنَّ رَبَّكُمُ اللَّهُ الَّذِي خَلَقَ السَّمَاوَاتِ وَالْأَرْضَ فِي سِتَّةِ أَيَّامٍ ثُمَّ اسْتَوَىٰ عَلَى الْعَرْشِ يُغْشِي اللَّيْلَ النَّهَارَ يَطْلُبُهُ حَثِيثًا وَالشَّمْسَ وَالْقَمَرَ وَالنُّجُومَ مُسَخَّرَاتٍ بِأَمْرِهِ ۗ أَلَا لَهُ الْخَلْقُ وَالْأَمْرُ ۗ تَبَارَكَ اللَّهُ رَبُّ الْعَالَمِينَ
“
[7:54] Surely your Lord is Allah, Who created the heavens and the earth in six periods of time, and He is firm in power; He throws the veil of night over the day, which it pursues incessantly; and (He created) the sun and the moon and the stars, made subservient by His command; surely His is the creation and the command; blessed is Allah, the Lord of the worlds.
In this verse the Qur’an explicitly reminds us of the Divine Commandment over the entire existence, as well as the general organization of the universe, thus placing man within the frame of an orderly and coordinated existence and disclosing the common bond between Creation and Commandment1, thereby fixing the principle of His supreme Lordship alone (which is sovereignty, management and guidance). This clearly confirms that it is not possible to separate Creation from Commandment (Genesis from Legislation). It is virtually impossible for man to be isolated from the order of life chosen for him by his Creator, as it will upset the balance and cause him to deviate and his life to decline and decay.
The Qur’an refers to this – Genesis – Legislation’ relationship in an explicit expression:
…”ۗ أَلَا لَهُ الْخَلْقُ وَالْأَمْرُ ۗ تَبَارَكَ اللَّهُ رَبُّ الْعَالَمِينَ
“
[07:54] …surely His is the creation and the command; blessed is Allah, the Lord of the worlds.
“
مَا تَعْبُدُونَ مِنْ دُونِهِ إِلَّا أَسْمَاءً سَمَّيْتُمُوهَا أَنْتُمْ وَآبَاؤُكُمْ مَا أَنْزَلَ اللَّهُ بِهَا مِنْ سُلْطَانٍ ۚ إِنِ الْحُكْمُ إِلَّا لِلَّهِ ۚ أَمَرَ أَلَّا تَعْبُدُوا إِلَّا إِيَّاهُ ۚ ذَٰلِكَ الدِّينُ الْقَيِّمُ وَلَٰكِنَّ أَكْثَرَ النَّاسِ لَا يَعْلَمُونَ
“
[12:40] You do not serve besides Him but names which you have named, you and your fathers; Allah has not sent down any authority for them; judgment is only Allah’s; He has commanded that you shall not serve aught but Him; this is the right religion but most people do not know:
So, by bringing us to this conclusion, the Qur’an emphasizes the essence of the natural connection between Genesis and Legislation. We thus discover the important fact, of faith and thought’, that is the One Who creates the beings, initiates their existence, assigns their goal and plans their constitution, Himself remains the real Director, designing for His creatures, the road of progress and the order of movement.
Several verses of the glorious Qur’an give prominence to this clear truth and enable us to perceive that the principle of ruling and command, or law-making and Organizing, is not the responsibility of any one of the creatures. It is a matter wholly related to the Creator’s Will and Wisdom.
This is because Organizing and Legislating is a form of relationship between the Creator and His creatures. This relationship is practically a beautiful bond expressing servitude, or a state of complete subjugation between man and his Lord.
So, any other party trying to organize human life and coining rules and laws to arrange the different individual and social activities, would mean sharing the power of legislation with Allah, the Almighty.
Attributing this authority (of legislation) to other than Allah would be a form of worship, submission and surrender to other than Allah2. That is why the glorious Qur’an draws our attention towards this grave conclusion and firmly rebukes man from committing this error.
”
إِنِ الْحُكْمُ إِلَّا لِلَّهِ ۚ أَمَرَ أَلَّا تَعْبُدُوا إِلَّا إِيَّاهُ
”
[12:40] …judgment is only Allah’s; He has commanded that you shall not serve aught but Him…
The Qur’an accuses the Jews and the Christians who neglected Allah’s Laws and Just system, and submitted to the desires of the rabbis and the priests, who coined their own laws and rules contrary to the Divine Command. The Qur’an refers to them as follows:
“
اتَّخَذُوا أَحْبَارَهُمْ وَرُهْبَانَهُمْ أَرْبَابًا مِنْ دُونِ اللَّهِ وَالْمَسِيحَ ابْنَ مَرْيَمَ وَمَا أُمِرُوا إِلَّا لِيَعْبُدُوا إِلَٰهًا وَاحِدًا ۖ لَا إِلَٰهَ إِلَّا هُوَ ۚ سُبْحَانَهُ عَمَّا يُشْرِكُونَ
“
[ 9:31] They have taken their doctors of law and their monks for lords besides Allah, and (also) the Messiah son of Marium and they were enjoined that they should serve one Allah only, there is no god but He; far from His glory be what they set up (with Him).
Interpreting the lordship of the rabbis and monks as stated in the above verse, the Imams (AS) have said, that worship, here means the blind obedience of the Jews and Christians to the wills and desires of their leaders, who cleverly twisted the Divine Laws, to suit their own selfish interests.
Imam Ja’far Al-Sadiq (AS) about the meaning of the above verse, said: “By Allah, they did not ask to be worshipped. If they had asked them to do so, they would not have obeyed them but they (Rabbis and Monks) sanctioned the unlawful as lawful, and the lawful as unlawful, and thus they (the people), without perceiving, blindly (obeyed) worshipped them.”
The above is the actual meaning of the verses of the holy Qur’an, which clearly denounces the authority of law-making by any other than Allah. This deviation is disbelief, abomination, injustice and ignorance. Those who legislate and make abnormal laws, distorting Divine Justice and Allah’s Will, are called tyrants and idol worshippers as the Qur’anic texts say:
“
وَلْيَحْكُمْ أَهْلُ الْإِنْجِيلِ بِمَا أَنْزَلَ اللَّهُ فِيهِ ۚ وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الْفَاسِقُونَ
“
[5:47] And the followers of the Injeel should have judged by what Allah revealed in it; and whoever did not judge by what Allah revealed, those are they that are the transgressors.
“
كَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالْأَنْفَ بِالْأَنْفِ وَالْأُذُنَ بِالْأُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُوحَ قِصَاصٌ ۚ فَمَنْ تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَهُ ۚ وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الظَّالِمُونَ
“
[5:45] And We prescribed to them in it that life is for life, and eye for eye, and nose for nose, and ear for ear, and tooth for tooth, and (that there is) reprisal in wounds; but he who foregoes it, it shall be an expiation for him; and whoever did not judge by what Allah revealed, those are they that are the unjust.
“
إِنَّا أَنْزَلْنَا التَّوْرَاةَ فِيهَا هُدًى وَنُورٌ ۚ يَحْكُمُ بِهَا النَّبِيُّونَ الَّذِينَ أَسْلَمُوا لِلَّذِينَ هَادُوا وَالرَّبَّانِيُّونَ وَالْأَحْبَارُ بِمَا اسْتُحْفِظُوا مِنْ كِتَابِ اللَّهِ وَكَانُوا عَلَيْهِ شُهَدَاءَ ۚ فَلَا تَخْشَوُا النَّاسَ وَاخْشَوْنِ وَلَا تَشْتَرُوا بِآيَاتِي ثَمَنًا قَلِيلًا ۚ وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الْكَافِرُونَ
“
[5:44] Surely We revealed the Taurat in which was guidance and light; with it the prophets who submitted themselves (to Allah) judged (matters) for those who were Jews, and the masters of Divine knowledge and the doctors, because they were required to guard (part) of the Book of Allah, and they were witnesses thereof; therefore fear not the people and fear Me, and do not take a small price for My communications; and whoever did not judge by what Allah revealed, those are they that are the unbelievers.
“
أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ ۚ وَمَنْ أَحْسَنُ مِنَ اللَّهِ حُكْمًا لِقَوْمٍ يُوقِنُونَ
“
[5:50] Is it then the judgment of (the times of) ignorance that they desire? And who is better than Allah to judge for a people who are sure?
“
أَلَمْ تَرَ إِلَى الَّذِينَ يَزْعُمُونَ أَنَّهُمْ آمَنُوا بِمَا أُنْزِلَ إِلَيْكَ وَمَا أُنْزِلَ مِنْ قَبْلِكَ يُرِيدُونَ أَنْ يَتَحَاكَمُوا إِلَى الطَّاغُوتِ وَقَدْ أُمِرُوا أَنْ يَكْفُرُوا بِهِ وَيُرِيدُ الشَّيْطَانُ أَنْ يُضِلَّهُمْ ضَلَالًا بَعِيدًا
“
[4:60] Have you not seen those who assert that they believe in what has been revealed to you and what was revealed before you? They desire to summon one another to the judgment of the Shaitan, though they were commanded to deny him, and the Shaitan desires to lead them astray into a remote error.
Through the above verses of the holy Qur’an we realize that judgment means both legislation and law-making. Thus, the people`s adherence to the laws and the enacting of them, should not be against Allah’s will and command and should be regarded as an aspect of worship, and humanity should submit to Him alone.
1. Creation means to bring into existence what did not exist before. “Commandment means: guiding, organizing and directing.
2. To submit to Allah’s legislation does not mean the cancellation of man’s will. It actually means to have man’s life and course planned and systematized, and at the same time, to enable his human will to choose and differentiate between vices and virtues.