Islam of truth and justice, the two

Islam
and West:

;

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Once
upon a time, a clear distinction between Islam and West may have been possible.
But no longer. The boundaries are blurring. Millions of Muslim men and women
live in the west and many are citizens of western nations. They are therefore,
now inextricably part of the west.

The
west has left its marks on the Islamic world: through its politicians and
generals, but also through its materialism, technologies, communication tools, and
way of thinking and organizational paradigms.

The
Islamic Shari’ah differs fundamentally from Western law in at least three
aspects.

·        
First
it is based on Revelation, whereas Roman law is the lawyer’s law.

·        
Second,
being of Divine origin, it is virtually immutable.

·        
And
finally it is wider in scope than the Roman law, for it includes even
international relationships of which the Arabs were the Pioneers.

Tracing
the history of the origin of the laws which govern the life of society in its
controlling positivity, they all speak about the will of the ruler and express
only his aims and interests in life. This is because the western laws, in
reality, express nothing but the desire to enslave mankind, to serve the will
of the oppressor and subdue humanity to the whims of the deviated rulers who
either intentionally or unintentionally considers themselves as powerful gods
or god-heads.

Whereas
on the other hand, it was contrary in respect to the role of Islamic
legislation, which sought to establish truth and justice, and to liberate man from
oppression, be kind to him, and protect his interests in life.

While
looking in depth, the most important differences which distinguish Islamic or
Divine laws from western law and which define their respective identities and
features are as follows:

1.      Criterion of truth and justice.

2.      Objectivity.

3.      Clarity of vision.

4.      The ethics of the Islamic law.

5.      Capacity and universality.

6.      Harmony and non-contradiction.

7.      Humanitarianism.

8.      Everlastingness.

The
above points of differentiation are explained below in detail.

1.     
Criterion of truth and justice:

 

·        
The
Islamic canon is based on the criteria of truth and justice, the two constant
values of life by which the legislation and law-making are judged.

·        
There
is no single law in the entire Islamic legislation which is not backed by these
two principles.

·        
Further,
when a thing is true, it deserves legitimate place in the life of society, as
falsehood has neither place nor originality in Islam and is regarded as
unstable and unjustified.

·        
Consequently,
the western law knowing no ‘truthful’ or natural base proves to be false,
transient, haphazard, accepting no noble values, irrationally formed, admitting
no estimation, having no consistency and showing no justification for existence.

·        
So
the human legislator knows nothing about the status, values and effects of laws
he is asked to legislate, therefore, Quran describes the procedure on part of
man’s confusion by stating:

2:42        And do not mix up the truth with the falsehood, nor hide the
truth while you know (it).

2.     
Objectivity:

 

·        
The
objectivity of the Islamic legislation is concentrated in its being free from
the intrusion of personal interests of desires and the subconscious factors,
which may quite possibly affect the human law maker.

·        
The
above fact displayed was also discovered in western law and man-made canons.
Thus, as a matter of fact, such laws carry the symptoms of diseases prevalent
in the society, and actually express the will of rulers, as these laws can
easily be affected by the legislator’s desires and inclinations.

·        
The
Islamic canon, on the other hand, is scientific, objective, honest and far from
being under the influence of the motives and factors which determine man-made
laws.

·        
The
true law giver here is Allah, the Exalted, Who is glorified from all those
inclinations from which man can never completely and absolutely, be free.

 

3.     
Clarity of Vision:

 

·        
The
Islamic law which is divinely revealed has a clear objective, and a defined
goal, that charts out man’s course in life, and shows him his aim, and man
realizes that the goal of the Divine Law is to have him serve his Creator.

·        
Consequently,
his lawful actions which he practices during his lifetime entitle him to a lair
reward in the Hereafter.

·        
Whereas
in west, man feels heinous tied with the letters of the ruling authority.

·        
Therefore,
individual under the grip of such laws does not sincerely respects its
regulations but tries to break through the bonds whenever opportunity affords
him the chance.

 

4.     
The Ethics of the Islamic law:

 

·        
The
Islamic law is based on its respect for morals, safeguarding them and maintaining
close ties with them, which is evident from the saying of Prophet Muhammad
(PBUH): “I have been sent to complete the noblest of morals, and the one who is
the best in morals is the most complete in faith.”

·        
On
contrary, the western law, this does not adhere to morality, nor cares for it.
Hence, it neglects the ethical argument and turns away from it that the human
civilization is thrown at a terrible tragedy which drags man to degradation and
lawlessness.

·        
This
irrational separation between morals and law gave birth to different
materialistic cultures.

 

5.     
Capacity and Universality:

 

·        
The
Islamic law leaves no part of the human activity, big or small, without having
it organized in one way or another or through well-defined laws. It covers
every part of action like eating, drinking, and behavior with children and
neighbors etc.

·        
It
prohibits all actions which are harmful such as gambling, alcohol, adultery,
wantonness and the alike.

·        
Western
law, miserably, lacks all these characteristics, since it suffers from the
narrowness and limits of its horizon and is incapable of organizing different
aspects of human behavior.

 

6.     
Harmony and non-contradiction:

 

·        
Each
part of Islamic law supports the other and helps it to be applicable. For
example, Islam’s prohibition of performing the prayers on a usurped property
helps to protect people’s rights and to respect private possession.

·        
In
west, this deficiency forces the legislative authorities to establish
Constitutional Tribunals to tackle and solve such contradictions. For example,
in some west countries, the mercantile law contradicts the Economic and Administrative
law.

7.     
Humanitarianism:

 

·        
The
Islamic law reflects humanitarianism and does not support racism, class
discrimination, opportunism and egoism. Its laws are general and not for the
sake of particular group. As illustrated in Quran:

 

21:107 And We have not sent you
but as a mercy to the worlds.

 

·        
The
contrary is the case concerning the west. It reflects the legislators
understanding and its personal inclination. It is full of anti-human concepts
revolving around narrow limits, class-difference, racialism, selfishness and
the like.

 

8.     
Everlastingness:

 

·        
The
biggest characteristic distinguishing the Islamic canon from other laws is the
fact that is everlasting.

·        
Islam
alone enjoys this attribute which gives it the power throughout the ages and it
remains with the generations as a leader, director and the pioneer, on the road
of virtue and guidance.

·        
The
everlastingness of Islam is due to the following factors:

1.     
Islam
expresses the external will and wisdom of Allah in existence.

2.     
Islam
expresses universal legislative form and is not the offspring of particular
social circumstances, nor is the product of human thinking under influence.

3.     
Islam
does not impose a rigid form of application and enactment. It is open and
flexible.

·        
The
western law avails no such merits. It revolves within the limits of the will of
its maker and his social conscience. This, of course, would result in laws far
from being in harmony with the natural rules of life.

Conclusion:

On
the whole, western law might have some influences over Islamic law but couldn’t
overtake it wholly. The Islamic law, being more flexible is far better in terms
of morals, applicability, equality, free will, and ethics, maintaining peace
and harmony and so on. Islamic law, unlike western, is based on certain
objective which is followed by specific rules to get reward hereafter.

 

 

 

References:

 

·        
www.al-islam.org

·        
“Islam
and West” by Bernard Lewis

·        
“The
West and Islam” by Mishal Fahm Al-Sulami