Author: Shukran Ahmadi
Inquiries on the Science of the Objectives of Sharia (Part 62)
B: Secondary Characteristics
Alongside the primary features, the objectives of the Sharia also include certain secondary characteristics. Here, we briefly highlight some of them:
a. The All-Encompassing Nature of the Islamic Sharia:
The Islamic Sharia is a comprehensive system that covers all aspects of human life and conduct. It applies to all legally responsible individuals (mukallafīn) under every condition, at all times, and in every place.
It is an all-inclusive system that leaves no part of human life outside its scope, and it accepts no exceptions or exemptions. In the truest sense of the word, it is complete and all-encompassing—unlike human-made systems and ideologies, which are limited to a specific domain and regulate only certain aspects of life, leaving other areas untouched.
Imam al-Shāṭibī, may Allah have mercy on him, says: “When it is established that the overall goal of the Islamic Sharia is to secure both worldly and otherworldly interests in a way that does not disrupt the human order, it follows that the Islamic Sharia must be a comprehensive and eternal system for all humanity.”
The rulings of the Islamic Sharia are categorized according to the matters to which they pertain:
1. Creedal Rulings
These pertain to matters of belief, such as faith in Allah, the Last Day, Prophethood, and the other pillars of faith. They are referred to as matters of ʿaqīdah (belief).
2. Ethical Rulings
These relate to the virtuous qualities that a Muslim should embody and the vices from which one should stay away—such as the obligation of truthfulness, keeping promises, and the prohibition of lying, betrayal, and so forth.
3. Rulings Governing Worship
These regulate and strengthen the individual’s relationship with their Lord, such as the rulings on prayer, fasting, alms (Zakat), and other acts of worship.
4. Rulings Governing Interpersonal Relations:
These include various types:
1. Family Law
This includes marriage, divorce, inheritance, financial support, etc., and is referred to in modern terminology as “personal status law” or “family law.”
2. Commercial and Financial Transactions
These concern the individual’s dealings with society, such as buying, selling, leasing, pledging, guaranteeing, etc. Today, these are collectively known as “civil law.”
3. Rulings on non-Muslims
These regulate the treatment of non-Muslims, especially when they enter Muslim lands under the guarantee of protection. Such rulings define their rights and responsibilities. In contemporary terms, this corresponds to “private international law.”
4. Judiciary and Litigation
These include rulings on matters such as testimony and oaths and are today known as “procedural and judicial law.”
5. International Relations
These concern the Islamic state’s relations with other countries and are now referred to as “public international law.”
6. Constitutional Law
These relate to how a ruler is selected, the structure and function of government, the relationship between the people and the state, and their respective rights and duties. In modern terms, this corresponds to “constitutional law.”
7. Fiscal Law
These rulings govern the revenues and expenditures of the Islamic state and regulate financial relations between individuals and the state, the rich and the poor, and among various social classes. These are now encompassed in “public finance law” and its subdivisions.
8. Criminal Law and Punishments
These regulate the relationship between individuals and the state concerning unlawful acts. This branch is known today as “criminal law.” Associated with it are rules and procedures for investigating crimes, punishing offenders, and carrying out justice, which are known as “criminal procedure law.”
From the above, it is evident that the Islamic Sharia is entirely different from man-made legal systems in terms of comprehensiveness. The comprehensiveness of the Sharia is complete and universal—every incident that arises, every action performed by an individual, and every type of relationship that exists between people has a ruling in the Sharia.
This includes areas such as belief, ethics, and worship—topics that are completely excluded from man-made legal systems.
Even in the areas regulated by secular laws, the Islamic Sharia differs fundamentally in two key aspects:
First: Observance of Moral Values
Unlike man-made laws, the Islamic Sharia incorporates moral values. In secular legal thought, moral and legal rules are entirely separated. Traits like deceit, betrayal, dishonesty, and breaking promises are morally condemned in Islamic ethics, and thus, in all relationships and rulings governed by the Sharia—whether between individuals or between states—there is no room for such behaviors.
Second: Concern with Lawfulness and Unlawfulness (Halal and Haram)
Here, the permissibility or prohibition of an action is based on the essence of the act itself. A deed may appear outwardly valid and fulfill all the legal conditions, but it may still be considered ḥarām (forbidden) due to conflicting intentions or opposing the objectives of divine commands. The ruling of permissibility or prohibition accompanies the essence of the action, even if a worldly court issues a contradictory verdict.
For example, if someone falsely claims a debt against another person and proves it in court, the court may rule in their favor and enforce payment. But in the sight of Allah Almighty, the ruling is based on the truth of the matter: the claimant has committed a forbidden act and seeks to unlawfully consume someone else’s wealth.
Continues…
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[1] Al-Shatibi. Al-Muwafaqat, Vol. 2, p. 37.
[2] Zaydan, Abdul Karim. Usul al-Da’wah (The Principles of Da’wah), pp. 46–52.
