Legislation in Islam.

Legislation in Islam.

 

The author read this article on the importance of ijtihad in law making in Islam and at the International Islamic Conference held on 3 January 1956 in Lahore. To understand the importance of law making in Islam and the importance of ijtihad in it.

 

First of all, two things need to be clear before our eyes, one is the sovereignty of Allah and the other is Muhammadi in the prophethood.

 

In the light of the Qur'an's analysis of the doctrine of Tawheed, the one and only La-Sharik Allah is not only God in the religious sense, but also in the political and legal sense.

 

This legal sovereignty of Allah Ta'ala is presented by the Qur'an as clearly and as emphatically as the doctrine of His religious sovereignty. In the eyes of Islam, this dignity of Allah is the divine inevitable result of his Uluhiyat.

 

One cannot be separated from the other. To deny one of these is to deny the divine revelation. Moreover, Islam leaves no room for doubt that the divine law may have meant natural law.

 

On the other hand, the basis of the whole call of Islam is that man should accept in his moral and social life the Shariah law of Allah which he has sent through his prophets. Islam is the name given to accepting this Sharia law and sacrificing one's independent being in front of it.

 

Here the right of man to be judged in matters which Allah and His Messenger (peace be upon him) have decreed has been denied. When Allah and His Messenger have decided a matter, no believing man or woman has the right to decide differently.

 

And whoever disobeys Allah and His Apostle, he indeed strays off into a clear error. Nabuyat Muhammadi

The second thing that is of fundamental importance in Islam, like the monotheism of Allah, is that Muhammad (peace be upon him) is the last Prophet of Allah. Basically, this is the reason why the belief in the oneness of God has become a real system instead of just a luxury, and on it the whole system of life of Islam has been built.

 

In the light of this belief, the teachings of all the previous prophets have been incorporated in the teachings of Muhammad (peace be upon him) with many additions. Therefore, this is the only recognized and reliable source of divine guidance and Shari'ah, and there will be no other guidance and Shari'ah in the future in which human beings may need to return.

 

This teaching of Muhammad (peace be upon him) is the supreme law which represents the will of Allah, the Great Judge. We have received this provision from Muhammad (peace and blessings of Allaah be upon him) in two forms. One is the Quran, which is literally the sum of the Lord's instructions and guidance in the universe. Second, the Sunnah of Muhammad (peace and blessings of Allaah be upon him) is his Sunnah, which provides an explanation of the purpose and goal of the Qur'aan