Section Four: Dealings:

The field of dealings in Islamic Law is too extensive to be fully covered here, but the books of fiqh have dealt with its major and branching points. They have touched upon all aspects of human life both concerning the individual and the community. Islamic Law is such that it can find an answer or solution to whatever new situations that may rise.

The sources of Islamic Law

The first source: The Holy Qur’an, which deals with the constant overall general principles of the Law (Shari‘ah).

The second source: The Prophetic Sunnah, which elaborates and elucidates many points generalized in the Holy Qur’an.

The third source: the Ijtihad (personal reasoning) of the Companions (may Allah be pleased with them) and the scholars of the Ummah who came after them concerning new problems and situations, which indicates that Islamic Law is flexible and apt to develop to cope with all ages and all circumstances all over the world.

The applicability of Shari‘ah:

The applicability of Shari‘ah in its entirety has been proved historically. When the Muslim Ummah applied Islamic Law it attained high status, its economy grew, its knowledge flourished, and it was powerful among other nations. History proves through practical reality that Shari‘ah is suitable for all times and locations and that it is the only law that can be described as such, for Allah (SWT) has made it the final Shari‘ah. In contrast, we find the Jewish and Christian law very limited, in that the Jewish Law applies only to the Jew. The ten commandments of Prophet Moses: “Do not steal; do not kill; do not commit fornication, etc.,” means: “Do not rub the Jew; do not kill the Jew…” As to other people, whether Christians, Muslims or any other non-Jews, they “have decreed laws to kill others, whether men, women, old or young. They have forbidden usury among themselves and permitted it with non-Jews. Fornication is unlawful for them but it is permissible and obligatory with non-Jewish women. Theft is prohibited among them but permissible and lawful when dealing with others. So any prohibited unlawful practice has become permitted lawful as long as it concerns a non-Jew.[1]

Thus, they have decreed laws that determine their relationship with non-Jews starting with the matter of creation. They claim that they exclusively represent the Chosen Nation of Allah and that all other nations have been created only to serve Jews, for they are impurity and animals when compared with Jews.

The Chief Rabbi Shniurs says: “The difference between the Jew and the non-Jew is of the sort that is described be the common proverb as ‘incomparable’, for how can we compare two different levels? While the Jew assumes the highest rank and descends from the sublime category, other nations assume the lowest rank and descend from the most inferior category. Therefore, it is futile to find any similarity between them. We read in the holy book of Jimar that the Jewish body differs wholly from the bodies of other nations with respect to their food, drink and constitution… If we see any similarity, it is just an external apparent one, while internally the difference is so great that it makes the Jewish body have no resemblance whatever to the bodies of the members of other nations. What is true concerning the body (matter) applies to the soul, too, in that the origin of the souls of all the nations of the world is the three layers of impurity, whereas the origin of the souls of the Children of Israel is the Holy Spirit itself.”[2]

Christianity does not have any legislative laws in principle; it has only some sermons that cannot be applied in reality; therefore, Christians have abandoned them and no longer apply them, but are satisfied with spiritual beliefs. As to the practical applications, they are not suitable and fit for their circumstances and reality because between reality and the precepts of the religion there is a violent clash and it is difficult to practically apply these precepts, for Christianity “does not consult the intellect, does not advocate knowledge and does not treat human innate nature mercifully.”[3]

The Jewish and Christian Laws are so restrictive because they are not global religions and have not been intended to last forever. They are but temporary messages and for certain people. In contrast, with a glance at one aspect of Islamic Law, the reader can be aware of its comprehensiveness, practicability and accuracy.