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Shari'ah (Islamic Law)
Shari'ah literally means road, drinking
place, and the legal and social practice of a people based on the revelations
of their prophet. Today it is understood as Islamic law or the Islamic
code of conduct outlined by the Qur'an. The Shari'ah of the prophets, from
Adam to Muhammad (peace be upon him and his progeny), is one in essence.
It is the natural law and direction prescribed by Allah for humanity. However,
as a road it involves taking on the characteristics of the land and time
it traverses. The individual paths of the prophets, which are in truth
tracts of the same road, guide to one destination though their features
differ in form and evolutionary phase in order to suit the requirements
of their eras and peoples. The Shari'ah of Muhammad is the Shari'ah of
Noah, Abraham, Moses, and Jesus in its completed form. It is that stretch
of road nearest their destinations, that tent which can accommodate all
human needs until the last day.
Shari'ah during the life of the Holy
Prophet was dynamic and fluid, unfolding in two phases: the first featured
the private and individual practice of Muslims in the hostile environment
that was Mecca; the second featured their public, social, and economic
behaviour and demanded a specific sense of priorities.
For the Muslims of Mecca, whose foremost
concerns were the realisation of divine unity within the heart, reflection
upon death and the transient nature of the world the Shari'ah was a road
whose signposts were the divine revelations which continuously unfolded
on the tongue and in the actions of the Prophet. There was no preoccupation
with the formulation of law in written or spoken form. There was only an
acceptance of guidance by the heart and simultaneous translation of the
same into action.
The early Muslims found the Shari'ah
easy to assimilate because it was transmitted by the Prophet as the original
life pattern of the human being and not as a formal science or legal system.
Furthermore, it took into consideration circumstances and digestive capacities
and did not demand sudden compliance to guidelines. In this way, early
Muslims were instilled with the wisdom of acknowledging their limitations
and the resolve to act according to the Shari'ah of the moment with the
trust that Allah would provide the guidance and law required at the right
time.
In its Medina phase, the Shari'ah
broadened in aperture from that which encompassed the activities of the
individual in Mecca to that which would encompass the activities of a living
Islamic society. The individual whose inner enlightenment and corresponding
outer code of behaviour were of paramount importance in Mecca was now shown
that the existence of a spiritually and physically evolving society was
equally important, and in fact absolutely essential if the individual was
to reach his or her maximum human potential. The cell of Mecca became the
body in Medina.
The unfoldment of Shari'ah in its
full social context began when the ethical and admonitory language of Meecan
revelations took on a more legal and regulatory tone in Medinan revelations.
As in Mecca, the unfoldment was gradual for, though there was no external
impediment to its application, Quranic guidance saw no grounds on which
to discontinue its spontaneous nature whereby the need for law and direction
was addressed when it arose. In this way, every issue or problem was dealt
with according to its merits and particularities.
During the Prophet's life, the Shari'ah
was transmitted in words or in action in a spontaneous fashion. There was
no formal study of segregated subject matter nor was there the public or
private tabulation of law. Living the deen was based on transmission and
receptivity and accompanied by transformation and appropriate activity.
The creation was the book, its phenomena the words and the Prophet was
the teacher of their meaning and this meaning was divine presence the home
of the human soul. This meant that Medina was organic. It was in harmony
with the natural universe for its growth and development followed the same
pattern, what may be termed as the universal Shari'ah.
Shari'ah is the Islamic way of life
and conduct. By establishing boundaries, the Shari'ah prevents the dissipation
of energy and directs its practitioner along the swiftest and easiest path
to fulfilment. The basic role of Shari'ah is to prevent and resolve social
confusion and discord. It is a course of disciplines, which combines to
give a person a firm grip upon divine guidance so that distraction and
turbulence are minimised. Every law stems from Allah's commandment to Adam:
And
do not draw near to this tree so that you become one of the wrongdoers
(Holy Qur'an 2:35)
The tree symbolised the dispersion (disturbance
of the earth) and transience of all that is in creation. Attraction to
the fruit removed Adam and Hawa (Eve) from the realm of unity to the realm
of separation, from beyond time and space into time and space dimension.
Any action, which is not in harmony with Allah's way, will do the same,
and is thus a fruit of the same tree, which must be avoided.
The approach to the Shari'ah begins
from where you are. Initially the nafs (self) resists accepting it. It
is felt to be restrictive and limiting. But this is only because of our
ego and its short-sightedness. The misconception that knowledge broadens
the way and increases choice plays a major role in the way people approach
the Shari'ah wrongly. The truth is that the way narrows and choice decreases
with the increase in knowledge. You become aware that this is beneficial
and that is harmful.
In the beginning, application of
the Shari'ah is based on the trust that it is the divinely revealed way.
Later on it is based on knowledge and conviction. Ultimately, it becomes
outer law and direction mirroring inner knowledge and true awareness. When
this occurs, you are free within limitation - a soul within a body. Otherwise
everything is in varying degree of chaos.
Imam Ali (peace be upon him) gave
the ideal approach to application of the Shari'ah when he said: Even
if one does not attain everything, one does not abandon everything.
By: Luqman Ali
Source: Al-Noor
