ISLAM FOR BEGINNERS BRS 107.pdf - CUEA

According to those who do not distinguish religion from law, God did not will to give differentlaws which go into various changes; instead he wanted only one and that is the law of Islam.With this conception, the meaning of Shar`ia is extended to that universal religion establishedby Allah (fasting for the month of Ramadan,. Ritual prayer, pilgrimage to Macca, almsgiving...); Islam should, therefore embrace all.ProblemsWho can change or modify the law in Islam? It is known that laws promulgated by an authoritycan only be abrogated by itself or by a superior authority, but not by an inferior one. Now aswe said above, Shari'a is a divine law, it is a law made and given by God. It goes withoutsaying that only a divine authority or a posterior divine revelation that can abrogate it. Eventhe direction of Muhammad can be abrogated either by God or by himself. So during hislifetime, Muhammad was abrogating some. But what happens after his death?People after Muhammad can only interpret the law; they have no power to change anything.The death of Muhammad marked the end of revelation, which had the force of ordering everylaw, abrogating or modifying every custom or practice. Thereafter, the Muslim community wasobliged to be contented with the legislation already accomplished by Muhammad. 10The Qur'an does not cover some areas of the lawIf the science of law is the knowledge of the rights and duties whereby man is enable toobserve right conduct in this world, and to prepare himself for the future life, it will seem thatthe law is restricted to private law. Therefore, it does not cover the field of public law, criminallaw, constitutional law, law governing land tenure.Besides, only a small portion of eight verses can be considered legislation in the strict senseout of six thousand and two hundred, the sum of all verses. The rest are concerned withreligious duties. Thus, a scanty material could not build a system of law.3 Attempt of the schools of lawThe four sources mentioned above may not be considered as the only the foundationalstructures of Shar`ia, for many outstanding scholars have the same opinion over the10 Muhammad Hamidullah, Introduction to Islam (Lagos: Islamic Publication Bureau: 1981), p. 129.Frederic N. Mvumbi,OP Page 47 of 85