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2012

Islamic law & English law: A Comparison

Rosheena khan kiani and Maryam Rehman Rjaput Bahria University 12/21/2012

Rosheena and Maryam

Table of Contents
PREFACE ................................................................................................................... 4 ISLAMIC LAW (SHARIAH) ...................................................................................... 5
Meaning of Shariah: ......................................................................................................................... 5 Foundation of Shariah law: .............................................................................................................. 6 History: ............................................................................................................................................. 6 Development of Shariah law:........................................................................................................... 6 Main School of Shariah law:............................................................................................................. 6

1.Hanbali ............................................................................................................................................... 6 2.Maliki:................................................................................................................................................. 6 3.Shafi'i:................................................................................................................................................. 7 4.Hanifi: ................................................................................................................................................. 7 The sources of Islamic law are as follows: ....................................................................................... 7

1.The Quran .......................................................................................................................................... 7 2.The Sunnah ........................................................................................................................................ 7 3.Juristic Consensus .............................................................................................................................. 7 4.Juristic Analogy .................................................................................................................................. 8 The Secondary Sources of Islamic Law ................................................................................................. 8 Basic principles of Shriah ................................................................................................................. 9 The Methodology of Islamic Law ..................................................................................................... 9 Legal rulings ................................................................................................................................... 10 Devotional and Transaction Law.................................................................................................... 10 Devotional Law ...................................................................................................................... 11

Transaction Law ............................................................................................................................. 11 Dual Legal System: ......................................................................................................................... 11 Responsibilities of human beings in Islam ..................................................................................... 12

three essential areas of responsibility or duty in Islamic law .................................................................... 12 Unique characteristics of Islamic Law: ........................................................................................... 15 The richness and fullness of Islamic Law ....................................................................................... 16

Islamic law and English law: A comparison

Rosheena and Maryam


The Sanction behind Morality:....................................................................................................... 17 Distinctive Features of the Islamic Moral Code: ........................................................................... 17

OBJECTIVES OF ISLAMIC LAW: ............................................................................ 17


The Preservation of Faith: .............................................................................................................. 17 The Preservation of Life ................................................................................................................. 17 The Preservation of Lineage .......................................................................................................... 18 The Preservation of Wealth ........................................................................................................... 18 The Preservation of Reason ........................................................................................................... 18

ENGLISH LAW: ...................................................................................................... 19


Foundation of English law: ............................................................................................................. 19 History: ........................................................................................................................................... 19 Development of English Law:......................................................................................................... 19 Sources of English law:................................................................................................................... 20

COMPARISON BETWEEN SHARIAH AND ENGLISH LAW: ................................. 21


Human Rights: ................................................................................................................................ 22 Adultery: ........................................................................................................................................ 22 Banking System (Economic System) .............................................................................................. 23 Murder: .......................................................................................................................................... 23 Dress: ............................................................................................................................................. 24

CONCLUSION: ........................................................................................................ 25 BIBLOGRAPHY: ................................................................................................ 26

Islamic law and English law: A comparison

Rosheena and Maryam

PREFACE
Mankind need laws in order that its societies can last. If there were no laws then people would not know how to behave towards each other and societies would crumble very quickly. Law is a system of rules and guidelines which are enforced through social institutions to govern human behavior. Laws are made by government, specifically by their legislatures. The formation of laws may be influenced by a constitution (written or unwritten) and the rights encoded therein. The law shapes politics, economics and society in countless ways and serves as a social mediator of relations between people. There have been two ways of approaching law; one based on divine revelation and one based on manmade law. The Quran sheds light on this intense struggle where manmade law prevails over mans desires. However, as a Muslims our life is not governed by man-made laws instead we are governed by Islamic law which is very different from conventional man made laws. In this report, we have compared Islamic law with man-made law.

Islamic law and English law: A comparison

Rosheena and Maryam

Islamic Law (Shariah)


Islam is a complete way of life. It is a comprehensive system that covers the minute details of the whole universe, i.e. human beings and their relation with the whole environment, such as animals, plants, etc. Islam also set up the rules which show every human beings correct path or ways. Shariah, or Islamic law, is the code of conduct for Muslims. Shariah prescribes a complete set of laws for the guidance of mankind so that Good may triumph and Evil disappears from society. It provides a clear and straight path which leads to progress and fulfillment in life and the attainment of Allah's pleasure. Shariah has rules for every aspect of life. It is complete and perfect, and guarantees us success, welfare and peace in this life on earth and in the life after death.

DO THEY SEEK A RELIGION (LAW) OTHER THAN ALLAHS, WHILE TO HIM SUBMITS WHOSOEVER IS IN THE HEAVENS AND THE EARTH , WILLINGLY OR UNWILLINGLY, AND TO HIM SHALL THEY BE RETURNED? (AL QURAN 3:84)

Meaning of Shariah: The term "Shariah" is Arabic word which means path or way. It is the sacred law of Islam. Shariah law literally means religious code of life. It is used to refer both to the Islamic system of law and the totality of the Islamic way of life. Shariah guides all aspects of Muslim life including politics, daily routines, foods, clothing, amusements, sports, familial and religious obligations, and financial dealings. Traditional Muslims (all mullahs, Mawlanas, Muftis, and Islamic scholars) who understand the Quran and the Hadith believe that sharia expresses the highest and best goals for all societies on Earth. It is the law of Allah and bound to be the best of all. Because of this ardent belief, devout and fanatical Muslims all over the world are in constant struggle (Jihad) with their ruling Government to establish Islamic Sharia as the countrys only rule by replacing modern secular democracy (Laws made by human)

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Foundation of Shariah law: History: The Prophet (SAW) set forth establishing the basic foundations of Islamic law. Islamic law was primarily concerned with the principles and values most fundamental to Islam, which were naturally the five pillars of Islam. Therefore, the Prophet (SAW) was most concerned with articulating to the believers exactly what faith in God was, the ways in which He (SWT) should be worshipped, and observance of the five pillars of Islam. The bulk of legal rules revealed to the Prophet (SAW) would come during his twelve years in Medina for several reasons. A major reason was that the newly established Muslim community and government needed these guidelines to function properly and smoothly, whereas the Muslims while in Mecca were a minority under the constant harassment of the Quraish and with no way to enforce these laws. So, while some basic rules on ritual prayers, Zakah, and doing justice to orphans and widows were revealed in Mecca, most legal rulings were revealed in Medina. However, the penal rulings which would become known as Hudud (literally, limits) were revealed during the last two years of the Prophets life. The laws of Islam were revealed in this way to prepare the Muslims before they became fully enacted and put into practice. And it would not be until later centuries that the schools of thought regarding Islamic law would come into being, which are different opinions about resolving the new, minor situations that arose over time after the Prophets (SAW) death.

Development of Shariah law: Islamic law grew along with the expanding Muslim Empire. The Umayyad dynasty caliphs, who took control of the empire in 661, extended Islam into India, Northwest Africa, and Spain. The Umayyads appointed Islamic judges, kadis, to decide cases involving Muslims. (Non-Muslims kept their own legal system.) Knowledgeable about the Koran and the teachings of Muhammad, kadis decided cases in all areas of the law. Main School of Shariah law: There are four main school of Shariah law. They are: 1. Hanbali It is the most conservative school of Shariah. It is used in Saudi Arabia and some states in Northern Nigeria 2. Maliki: This is based on the practices of the people of Medina during Muhammad's lifetime

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3. Shafi'i: This is a conservative school that emphasizes on the opinions of the companions of the Prophet Muhammad. 4. Hanifi: This is the most liberal school, and is relatively open to some limited modern ideas.

The sources of Islamic law are as follows:


1. The Quran This is the origin of all Islamic legislation. It sets forth the fundamentals of the Sharia, clarifying its principle teachings. It clarifies beliefs in great detail and discusses forms of worship and legal matters in broad terms. It fulfills the role in Islamic Law that a constitution fulfills for the manmade laws of nations. It is the model for the Prophet (peace be upon him) and those who come after him. This is why the Quran is considered the source of all legislation, even though its role as a constitution for Islamic Law limits it to clarifying injunctions in only general terms, rarely dealing with particular details.

2. The Sunnah This term is used to refer to the statements, actions, and tacit approvals of the Messenger (peace be upon him). With this meaning, it is synonymous with the word hadith. We might also use the word Sunnah to mean the practical application of the injunctions during the prophetic era. The Sunnah comes after the Quran in its ranking as a source of Islamic Law, as it comes to clarify what the Quran leaves ambiguous or difficult to understand, qualify what the Quran leaves unqualified, and bring up issues that the Quran does not mention. 3. Juristic Consensus This refers to the unanimous agreement of the jurists of a given era on a legal ruling. It makes no difference whether the jurists are from the era of the Companions after the death of the Messenger (peace be upon him) or any era thereafter. Consensus is a very strong source of evidence for establishing the injunctions of Islamic Law. It comes after the Sunnah in rank. The proof for its validity is drawn from a number of verses and hadith that show the unanimous statement of the people of knowledge is in itself a valid proof. The verdicts arrived at by consensus are, in and of themselves, always drawn from the Quran and Sunnah, even though it is possible that the hadith that formed the basis of the jurists consensus did not reach us. This is because it is inconceivable that the reliable scholars of Islam would ever come to agreement on an issue on the basis of personal inclination without there

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being a proof from the sacred texts establishing it. For this reasons, scholars of later generations, when investigating the possibility of consensus, look for the presence of the consensus and the reliability of how it has been reported without concerning themselves with the textual evidence behind it. If it were necessary to look for the textual proof for every case where consensus took pace, then juristic consensus would effectively cease to be a valid proof in and of itself. 4. Juristic Analogy This refers to taking an injunction that applies in one case and applying it in another because they share a characteristic that is the effective cause of the injunction being applied in the first case. Juristic analogy ranks as the fourth source of Islamic legislation. Each jurist uses analogy according to his own, personal reasoning for every new situation that has not been previously addressed by the Quran, Sunnah, or consensus. It should not go unnoticed that the Quran and Sunnah are necessarily limited in the number of issues that they can directly address. At the same time, the number of new occurrences and expected future occurrences knows no limit. There is no way for Islamic legal injunctions to be established for every new development and every possible transaction except by way of applying the methods of reason, at the forefront of which is that of analogy. Analogy is the most widely applied and versatile sources for extrapolating specific injunctions to deal with new issues confronted by Islamic Law.

The Secondary Sources of Islamic Law


Two most important secondary sources Islamic Law are;

1) Consideration of General Welfare (Istislh): This is the establishment of injunctions on the basis of broad aspects of human welfare (maslahah mursalah in Arabic) neither expressly considered nor rejected by the sacred texts. This consideration must remain within the confines of the general consideration for human welfare evident in the Sharia with its concern for attaining that which is beneficial and avoiding that which is harmful. a. Attaining that which is beneficial: This means attaining that which society needs so that human life can be maintained in the best, most dignified manner. b. Avoiding that which is harmful: This entails avoiding those things that can cause detriment either to the individual or to society, regardless of whether this harm is of a material nature or a moral one. c. Preventing wrongdoing: This entails preventing the means by which the commands of the Sharia are neglectected or its prohibitions are violated, even if only unintentionally.

d. Changing times: This refers to the changing circumstances people find themselves in. Each of these four factors requires the jurist to resort to considering the general welfare in order to

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produce new injunctions that can effectively carry out the general objective of the Sharia to establish society in the best manner possible. A good example of the application of this principle is an act initiated by the second Caliph, `Umar b. al-Khattb. He established the general registry for the armed forces to set their salaries and their terms of service. He then established registries for other purposes. In the same vein are the traffic laws of today that came in response to the demands of the automobile and were set down in order to preserve life and prevent collisions and accidents. 2) Customary Practice (`Urf): The Arabic word `urf refers to that which is well known, widely accepted, and regarded as correct among those of sound mind. We find it used in the Quran in the following verse: Show forgiveness, enjoin what is good (al-`urf), and turn away from the ignorant ones. According to our definition, it should be clear that something should not be considered customary practice if it is not consistently applicable to all or most of the members of a given population. This means that the majority of the people must take it into consideration and act on it basis, like the custom today in Syria that only one-third of the dowry stipulated by the woman in the marriage contract is due immediately, the other two-thirds being due only upon death or divorce. Thus, it is imperative for the custom to be the general assumption shared by the majority of the people. If it is not the practice of at least the vast majority of the population, then it will only be counted as an act of individual discretion.

Basic principles of Shriah


There are six baic principles of shariah which are derived from the Holy Quran, the word of Allah. All Islamic laws must be in line with these six principles of shariah. 1. The right to the protection of life. 2. The right to the protection of family. 3. The right to the protection of education. 4. The right to the protection of religion. 5. The right to the protection of property (access to resources). 6. The right to the protection of human dignity.

The Methodology of Islamic Law


The process of gaining knowledge of Islam through jurisprudence, and the body of laws so derived, is known as fiqh. The shari'ah consists both of specific rules and regulations, known as ahkam, which are the subject of istifta, or fiqh analysis, and of general principles induced by scholars over many centuries from study of the Qur'an, sunnah, and their application in everyday life. The general principles of Islamic law, also know as universals (kulliyat), essentials (dururiyat), and goals (maqasid), are derived by a system of

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reasoning known as istislah, which focuses on the common good of mankind. This system of thought, in turn, is part of the broader field of study known as usul alfiqh, or study of the sources of fiqh. Analysis of the general principles of Islamic law through the use of intellectual effort, known as itihad, gives meaning to the specific directives and also provides guidance on all aspects of Muslim life in the variable contexts of time and place. Islamic law thereby gives living expression to an elaborate science and art of interpreting and applying the injunctions of the Qur'an and the guidance of the Prophet Muhammad (saws). The development of an integrated and adaptable legal system which focuses on what is best for mankind as a whole is one of the most outstanding achievements of Muslim jurists. The methodology of Islamic jurisprudence asserts that any ruling in the fiqh has meaning only to the extent that we can understand its rationale or higher purpose.

Legal rulings
The Sharia regulates all human actions and puts them into five categories: obligatory, encouraged, permitted, disliked or forbidden. Obligatory actions must be performed and when performed with good intentions are rewarded. The opposite is forbidden action. Recommended action is that which should be done and the opposite is disliked action. Permitted action is that which is neither encouraged nor discouraged. Most human actions fall in this last category. The ultimate worth of actions is based on intention and sincerity, as mentioned by the Prophet, who said, "Actions are by intentions, and one shall only get that which one intended."

JUDGMENT forbidden

discouraged permitted

encouraged

obligatory praying five times daily

EXAMPLE

murder

wasting resources

surfing the internet

giving charity

Devotional and Transaction Law


Most jurists divide the study of Islamic Law into two broad categories: Devotional Law and Transaction Law. This division is built upon the fact that the injunctions dealt with by each of these two categories have quite different and distinct primary objectives. Devotional Law deals with the injunctions that have as their primary objective attaining nearness to Allah, showing Him gratitude, and seeking eternal reward in the Hereafter. This includes prayer, fasting, Hajj, jihad, zakah, and the fulfillment of covenants. Transaction Law, on the other hand, deals with realizing worldly benefits and regulating human activity, both on the individual and societal level. This covers many branches of law, including Commercial Law and Personal Law.

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Devotional Law also differs from Transaction Law in that Devotional Law is generally beyond the scope of human reason. There is no way for man to understand the ultimate objectives behind the injunctions except that they constitute the worship of Allah. As for Transaction Law, its injunctions are generally understandable, and human reason is often able to ascertain the intent behind them. Because of this, people who lived in times when there was no divine guidance were still able to use their faculties of reason to develop legislation. When Islam came, it reaffirmed more than a few of these laws that they used to govern themselves with.

Devotional Law
The acts of worship, or al-ibadat, these include: 1. 2. 3. 4. 5. Ritual Purification Prayers Fasts Charities Pilgrimage to Mecca

Transaction Law
Human interaction, or al-mu'amalat, which includes 1. 2. 3. 4. 5. 6. 7. 8. Financial transactions Endowments Laws of inheritance Marriage, divorce, and child care Foods and drinks (including ritual slaughtering and hunting) Penal punishments Warfare and peace Judicial matters (including witnesses and forms of evidence)

Dual Legal System:


Many majority Muslim countries have a dual system in which the government is secular but Muslims can choose to bring familial and financial disputes to shariah courts. The exact jurisdiction of these courts varies from country to country, but usually includes marriage, divorce, inheritance, and guardianship.

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Responsibilities of human beings in Islam
The dignity of man derives from his acceptance, before the Creator of the Universe, of the responsibility to know right from wrong and to be a steward of the universe charged with caring for it and guiding it in accordance with the Divine Will. The rights of the human person and community derive from this responsibility, because every person and community must be free to carry out this stewardship. Every man and every woman, every Arab and every Jew, and every rich person and every poor person are equal in their responsibility to Allah and therefore in their dignity and in their human rights. Islamic law focuses on human responsibility, because a focus on human rights can devolve into the selfishness of seeking to maximize one's own freedom to do whatever one wants at the expense of others. If everyone would fulfil all of his or her responsibilities, individually and collectively, then everyone would be accorded the full range of human rights. The scholars of Islam have identified a half dozen overarching responsibilities, though some scholars will condense these to five or expand the number by elevating a secondary responsibility to the level of the universal or essential. The first three concern the essentials of life itself, whereas the next three concern the quality of life.

The first three essential areas of responsibility or duty in Islamic law are:
I. Respect for life, or "the right to life" known as haqq-al-haya This requires not merely respect for the unborn after the spirit or ruh has been breathed into the foetus, but also such social duties as respect for non-belligerents in war and the use of dispute settling mechanisms whenever possible to avoid violence that might threaten the lives of oneself or others. Respect for life requires most basically an understanding that lasting peace can result only from justice, and that therefore stability should be sought as the by-product of sound foreign policy rather than as its direct aim. Similarly, crime should be combated primarily by addressing the causes rather than the results of the criminal mentality. Respect for community or right to one's identity as a member of a family, community, or nation, known as haqq-al-nasl. This focus on the family, and more broadly on expanding circles of community to include mankind and even all sentient beings in the universe, is unique to Islamic law, because it implies that sovereignty lies not in the extent of a country's or a government's power, as it does in Euro-American international law, but in the inherent dignity of the human person in community. This acknowledgment of the inherent right of the person to live in a series of legally recognized communities permits several levels of sovereignty, all subject to the highest sovereignty of God, and contrasts with the concept of exclusive sovereignty found in the so-called "nation-state" of the mid-twentieth century.

II.

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III. Respect for free, private enterprise, with broad capital ownership, known as haqq-almaal. The principle of freedom for individual persons to own the means of production has been basic in all Islamic scholarship until the twentieth century. Unfortunately, the principle of equal opportunities to own capital or the tools of production has been largely ignored for over a thousand years because various "rulers" understood that concentrated political power requires concentrated property ownership. Denial of access to capital ownership in a capital-intensive economy can amount to the denial of the right to life itself. Therefore all institutions that work in practice to concentrate ownership, including the financing of economic growth through the use of interest rather than by risk-sharing in joint-ownership, are "illegal," that is, morally illegitimate, in Islamic law.The next three of the universals, essentials, or purposes of Islamic law, which
concern the quality of life, are:

IV.

Political self-determination: haqq-al-hurriyah. This is usually known as "the right to political freedom." Islamically, however, this term emphasizes the responsibility of both the ruled and the rulers to establish permanent institutions designed to facilitate broadbased political participation by every member of a polity in its governance so that they can help determine their own immediate well-being and long-run destiny.This universal, like each of the other five, contains a second-order level of responsibilities that serve to elucidate and carry out the primary responsibility. In the context of political selfdetermination, this next lower level of responsibility, known as hadyiyat, consists of iymma, which is the duty of the governed to reach consensus on critical issues, and shurah, which is the duty of the ruler to be responsive to this consensus. In a complex society, this might be accomplished best by using a concept of a hierarchy of assemblies that culminate in a national parliament.The third necessary element in the system of government prescribed in Islamic law, in addition to the executive and legislative, is an independent judiciary charged with applying the principles of Islamic law, especially as they are spelled out in a formal constitution covering the organs, methods, and principles of governance chosen by the legislature. The judicial area of government is designed to limit both the ruled and the ruler so that the ultimate sovereign, both in theory and in fact, will be Allah.

V.

Dignity, known as haqq-al-karama. The duty to respect human dignity is at the core of all Islamic law, because the essential purpose of the Shariah is to help persons acknowledge and deepen their relationship to Allah and express this higher level of being especially in their relationships with each other. There are two major parts of this fifth universal principle of Islamic law. The most important aspect of the principle of dignity is the duty to respect each person's need to seek and worship God in his or her own way. This is known in Western thought as "freedom of religion." In both traditional

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Islamic and traditional American thought, this most essential element of the dignity of man requires that the government avoid any sectarian bias in carrying out its duty to facilitate freedom of religion in public affairs. Another aspect of this principle of dignity, which is second in importance, only because it is so often ignored, is "gender equality." Whereas the Prophet Muhammad (SAW) and the Islamic teachings of the prophetic period were breathtakingly revolutionary in recognizing the divinely ordained rights and responsibilities of women in society, the practice of later Muslims degenerated to the level of their neighbors and has largely remained at this level while the rest of the world has begun to understand and share the sophistication of the original Islamic heritage. Islamic law recognizes a greater responsibility of wife and mother to care for the home and children, and a greater responsibility of the husband and father to support the family. The family, however, is a mutual support group, whereby all responsibilities are held in common through the principle of collective responsibility, or fard kifaya. It follows from this that if any duty is not being adequately met, each member has a personal responsibility, or fard 'ain, to do whatever is required to fulfill that duty, whether it be the husband washing dishes or the wife working outside the home. Similarly, to the extent that home duties and the work of financial support for the family have been satisfactorily accomplished, both husband and wife have equal responsibility to participate in social and political leadership when needed for the good of the community and even to accept the highest judicial, legislative, executive, or entrepreneurial position in the land if it is offered. There the criterion for judgment is not women's rights or men's rights, but individual responsibility. Gender is irrelevant when the issue is personal responsibility to meet the needs of society in accordance with the requirements of Islamic law.

VI.

Knowledge or haqq-al-ilm A key to success in every aspect of private and public life is the duty to pursue knowledge. Since the highest purpose of every person is spiritual understanding, freedom to pursue the path of spiritual knowledge is paramount. We were created, however, as humans not as angels, so we have a duty to pursue whatever knowledge is useful to us individually and collectively in carrying out our responsibilities: to help the marginalized in society, to promote justice among people and nations, to multiply the material bounties of Allah, to work constructively in the political process, to participate with people of other faiths in addressing all the problems of society, and otherwise fulfilling all the requirements placed upon us by Islamic law. The duty to respect knowledge goes beyond the negative task of protecting freedom of thought and expression, limited only by the duties to respect human dignity, and extends to the positive obligation of every person to learn as much as one can throughout one' s life in order to fulfill the purpose for which one was created. The nature and specific obligations inherent in Islamic law make it not only unique among mankind's legal systems but the best suited as the paradigm of thought within which all religions and all peoples can cooperate in building a better world.

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Some of the unique characteristics of Islamic Law are the following:
1) Nobility of purpose: Every system of law has an objective behind it that it seeks to fulfill. The
principles that it follows are established with the sole aim of realizing this objective. Islamic Law is not limited to regulating the interrelationships between individuals in society. It, first and foremost, regulates the relationship between the individual and the Creator by legislating different forms of worship like prayer, fasting, zakh, and Hajj.

Moreover, it defines the rights and obligations each individual has with respect to others, so that the potential harm any individual might cause for others is effectively negated. In this regard, Allahs Messenger (PBUH) said: There should be no harm and no harming of others. In short, Islamic Law aims at a great objective: that of realizing the benefits and best interests of both the individual and society and warding off what is to their detriment, giving preference neither to the needs of the individual nor to those of society as a whole. 2) Divine revelation All the injunctions of Islamic Law are revelation from Allah, so the one who is legislating for mankind is their Creator who knows best what will be of benefit to his creation in both this world and the next. He knows the psychological makeup of the human being, what will be in harmony with it, and what will clash with it. Allah says:
DOES THE ONE WHO CREATED NOT KNOW, AND HE IS THE GENTLE, THE ALL-AWARE

Man-made law, on the other hand, is the product of the human intellect that has limited powers and is subject to deficiency and error. This is the reason that the intellect can never truly comprehend the human soul and what is in harmony with the nature that Allah has placed within it. Therefore, the legislations that come from human effort may not always be suitable for human nature. 3) Stability and permanence in principles and flexibility in application Islamic Law rests upon a set of stable, unchanging principles derived from the Quran and Sunnah. The texts of the Quran and Sunnah have been most carefully and accurately recorded and preserved. Most of these texts contain general injunctions for legislation without going into the precise details relating to application. This affords the jurist broad powers of discretion that allow him to take ever-changing circumstances into consideration.

4) The absence of difficulty and the limitation of imposition Islamic Law does not impose any obligations of great severity or difficulty. Nothing in Islamic Law is overly burdensome. Whoever scrutinizes the injunctions of Islamic Law will find within

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them a clear tendency towards alleviating difficulties. He or she will also find that all obligations that have been imposed, from the onset, have had leniency and ease taken into consideration for the ones who must carry them out. The obligations imposed by Islamic Law are few. They can all be learned in a short period of time. They do not have many particulars and secondary factors to consider, making it easy to know them. This is attested to by Allahs words:
O YOU, WHO BELIEVE , DO NOT ASK ABOUT THINGS THAT IF THEY WERE MADE CLEAR TO YOU WOULD CAUSE YOU HARM . IF YOU ASK ABOUT THEM WHEN THE QURAN IS BEING REVEALED, THEY WILL BE MADE CLEAR TO YOU. ALLAH HAS FORGIVEN THEM , AND ALLAH IS FORGIVING , FORBEARING. THOSE BEFORE YOU ASKED ABOUT THEM THEN BECAME DISBELIEVERS .

5) The richness and fullness of Islamic Law Anyone who studies Islamic Law will find that it contains an abundance of material and a wealth of ideas. This is evident in the various opinions of the jurists and the number of schools of thought. In spite of their large number, their differences, and diversity, none of them go outside the general scope of the Sharia. This richness is one of the factors that give Islamic Law the ability to develop, grow, and respond to the growth of human civilization. It prevents Islamic law from becoming rigid and stagnant. This diversity, in reality, stems from disagreement in understanding the same body of textual evidence, so it is a form of disagreement that offers diversity, not antagonism and contradiction.

Islamic concept of life and morality:


The viewpoint of Islam, however, is that this universe is the creation of God Who is one. He created it and He alone is its supreme Master, Sovereign and Sustainer. The whole universe is functioning under His Divine Command. He is All-Wise, All-Powerful and Omniscient. He is Subbooh and Quddoos that is, free from all defects, mistakes, weaknesses and faults and pure in every respect. His God-hood is free from partiality and injustice. The correct way of life for man is to live in complete obedience to Him. Everything in this world belongs to Allah. As such, mans life and wealth, which are part of this world, also belong to Him, because He has created them and has entrusted them to every man for his use. The Quran deals in many passages with mans relationship to Allah and the concept of life which naturally follows from that relationship. Its message is epitomized in the following verse:
VERILY ALLAH HATH BOUGHT OF THE BELIEVERS THEIR LIVES AND THEIR PROPERTIES FOR THE PRICE THAT THEIRS SHALL BE THE PARADISE : SO THEY FIGHT IN THE WAY OF ALLAH AND SLAY AND ARE SLAIN. I T ( I. E . THE PROMISE OF PARADISE ) IS A COVENANT WHICH IS BINDING ON HIM IN THE

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TORAH AND THE INJIL AND THE QURAN. AND WHO IS MORE FAITHFUL UNTO HIS COVENANT THAN ALLAH? REJOICE THEN IN YOUR BARGAIN THAT YE HAVE MADE , FOR THAT IS THE SUPREME TRIUMPH. ( AL -T AWBAH 9: 111)

The Sanction behind Morality: The Islamic concept of the universe and man's place therein furnishes the sanction that must support all morally-based injunctions. The Islamic concept of the universe and man's place therein furnishes the sanction that must support all morally-based injunctions. Islam relies upon the inherent urge for good that resides in everyone's heart which in turn is based upon the love and fear of Allah, the awareness of accountability on the Day of Judgment and the promise of eternal bliss. A man may be able to conceal certain deeds from others, he may be successful in deceiving others but Allah is fully aware of that which has transpired. Allah is AllKnowing, All-Seeing, All-Wise. Allah knows man's innermost intentions and desires and thus, whatever man does in this life he cannot escape from the fact that one day he will die and be compelled to account for what has passed. On that Day there will be no favors, no impartiality, fraud and deception will be of no avail; justice will be done. Distinctive Features of the Islamic Moral Code: Islam has furnished mankind with the highest possible standards of morality making Divine Pleasure one of man's main objectives in life. Islam does not provide any novel moral virtues nor does it seek to minimize the significance of established moral norms. Morality is approached with a sense of balance and proportion assigning a suitable place and function to each moral virtue within the total scheme of life. Islam enjoins upon man a way of life that promotes goodness and frees society from evil.

Objectives of Islamic law:


The Preservation of Faith:
Islam has stressed the importance of faith for human life by citing the natural human inclination to worship Allah, mans religious sentiments and inner feelings, the strength of the elements of goodness and virtue within him, and the prosperity and tranquility that faith affords him. Due to these factors, faith is a vital necessity of human life. Allah says:
SO SET YOUR FACE TOWARDS THE PURE FAITH , ALLAHS NATURAL WAY UPON WHICH HE CREATED MANKIND. THERE CAN BE NO CHANGE IN ALLAHS CREATION. THIS IS THE STRAIGHT FAITH, BUT MOST MEN DO NOT KNOW.

The Preservation of Life


The sanctity of human life is one of the necessities of human existence. Islam has set down a number of means to secure the sanctity of life. It is obligatory for a Muslim to save a person who is in danger of being murdered or killed for another reason, if that Muslim is capable of

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doing so. Islamic Law provides concessions under certain conditions to ward off undue difficulty that might cause personal harm or injury. One of these concessions is the right of the one who is sick or traveling to break his fast in Ramadan. Another is the right of the traveler to shorten his prayers.

The Preservation of Lineage


Islam strives to perpetuate the human line on Earth until the Last Day. In order to bring about this objective, Islam has set down the following principles and legislations: 1. Islam enjoins marriage. 2. Islam pays close attention to the upbringing of the youth and fostering bonds of love. 3. Islam pays close attention to establishing the family on a firm foundation, considering it to be the stronghold that protects and fosters the next generation 4. Islam encompasses all possible relationships between men and women with a collection of principles and codes of moral conduct 5. Islam forbids every assault on chastity and honor.

The Preservation of Wealth


Islam permits individual ownership, while at the same time providing the necessary legislation to prevent the harmful effects that this inclination would have if left unchecked, like the loss of social equilibrium and the concentration of wealth within a small sector of society. Some of the systems that Islam has put into place to fulfill this function are those of Zakat, inheritance, and social security 1. Islam encourages actively seeking ones sustenance and earning a livelihood 2. Islam raises the status of work and elevates the standing of the workers. 3. Islam permits just forms of commercial transactions

The Preservation of Reason


Islam affords a great deal of importance to reason since it is the basis on which human beings are held responsible. Reason is the attribute that honors the human being and exalts him above the rest of Creation. Allah says
VERILY, WE HAD OFFERED THE TRUST TO THE HEAVENS AND THE EARTH AND THE MOUNTAINS, BUT THEY DECLINED TO BEAR IT AND WERE AFRAID OF IT . B UT MAN BORE IT .

Due to its extreme importance, Islamic Law seeks to preserve reason and establishes a number of injunctions to ensure the health and freedom of the rational faculties. 1. ISLAM HAS PROHIBITED EVERY SUBSTANCE THAT AFFECTS THE MIND , HARMS IT , OR DECREASES ITS ABILITIES .

Islamic law and English law: A comparison

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Islam sets down a stiff legal punishment to discourage the use of intoxicants. 3. Islam develops the intellect and nurtures it on a spirit of independent thinking 4. Islam calls toward developing and cultivating the mind. 5. ISLAM ELEVATES THE STATUS OF REASON AND HONORS THOSE WHO POSSESS IT
2.

English law:
English law is the legal system of England and Wales, and is the basis of common law legal systems. English law is a mixture of common law, legislation passed by the UK Parliament and European law. It consists of the rules and other doctrine developed gradually by the judges of the English royal courts as the foundation of their decision, and added to over time by judges of those various jurisdictions recognizing the authority of this accumulating doctrine. Law of common jurisdiction applied by these courts. English common law was a necessary concomitant of capitalism which allowed the West to create the modern world. The body of English Law includes legislation, common law, and a host of other legal norms established by Parliament, the crown, and the judiciary.

Foundation of English law:


History: The English common law originated in the early Middle Ages in the Kings Court (Curia Regis), a single royal court set up for most of the country at Westminster, near London. Like many other early legal systems, it did not originally consist of substantive rights but rather of procedural remedies. The working out of these remedies has, over time, produced the modern system in which rights are seen as primary over procedure. Until the late 19th century, English common law continued to be developed primarily by judges rather than legislators. Development of English Law: Common law is still extremely important in legal system today. It is made up of unwritten law that has developed from customs and the decisions of judges. Today the term common law is

Islamic law and English law: A comparison

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used to describe that law which has been developed through judicial decision as opposed to the body of law which has been passed and developed by Parliament in the form of statutes. This can be illustrated by looking at two important crimes in our society. Murder is a common law offence, which means it has never been defined by an Act of Parliament, whereas theft is a statutory crime which has been defined by Parliament in the Theft Act 1968. English law primarily comes from two sources, parliament and the courts. In relation to law made by Parliament, as long as a bill is passed by the House of Commons and the House of Lords and receives the royal assent, the resulting Act of Parliament is recognized as law. Equally, cases decided by the courts which interpret Acts of Parliament or develop the common law are recognized as a source of law. Originally, the law made by judges through case law was the most important source of law, as Parliament met infrequently. However, with the ascendancy of Parliament as the law- maker, legislation increasingly became the main source of law. A doctrine, principle, or rule is a law if it comes from a recognized validating source, such as Parliament or the courts. So, for a bill (a draft Act of Parliament) to become law, it must be passed by Parliament and receive the royal assent of the monarch. This is the recognized way in which an Act of Parliament is made. Equally, decisions made by the courts are recognized as part of the law of England and Wales.

Sources of English law:


`There are three main sources of English law they are:

1. Legislation (Statue Law):


Legislation is probably the most important source of law in the UK. It is made by 'the Queen in Parliament', i.e. the House of Commons, the House of Lords and the Monarch. Proposals for legislation ('Bills') are presented to debate by and voted upon by the House of Common and the House of Lords, finally receiving the assent of the Monarch and thus becoming Acts (Statutes) of Parliament.

2. Common Law (Judge-made Law)


The legal systems within the United Kingdom were based largely on judge-made law (law developed through decisions by judges necessary to decide cases brought before them called "common law" or case-law, until around the seventeenth century. Each jurisdiction developed its own forms of common law, with Scotland being especially distinct from the rest. A statement of law made by a judge in a case can become binding on later judges and can in this way become the law for everyone to follow. Common Law is understood to be law by precedent. Precedent has a very important role in the common law. It ensures certainty and consistency and logical progression and development in the law.

Islamic law and English law: A comparison

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3. The European Communities law:


European Union law (historically called "European Community law") is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. European Union law is applied by the courts of member states and where the laws of member states provide for lesser rights European Union law can be enforced by the courts of member states.

Comparison between Shariah and English Law:

Islamic law and English law: A comparison

Rosheena and Maryam

Human Rights:
Shariah law: Islam has laid down some universal fundamental rights for humanity as a whole, which are to be observed and respected under all circumstances - whether a person is a resident within the Islamic state's territory or outside it, whether he is at peace or at war. The Qur'an clearly commands.
"WHOEVER KILLS A SOUL EXCEPT [IN LEGAL RETRIBUTION ] FOR MURDER OR CORRUPTION [DONE ] IN THE LAND - IT IS AS IF HE HAD SLAIN ALL PEOPLE ." [QUR'AN: SURAH AL -M AIDAH, 5:32]

The life and property of all citizens in an Islamic state are considered sacred, whether or not a person is Muslim. Moreover Islam also prohibited racism. As Quran speaks of human equality in following terms:
"O MANKIND WE HAVE CREATED YOU FROM MALE AND FEMALE AND MADE YOU INTO PEOPLES AND TRIBES SO THAT YOU MAY COME TO KNOW ONE ANOTHER . VERILY , THE MOST HONORABLE AMONG YOU IN THE SIGHT OF G OD IS THE ONE WHO IS MOST G OD-CONSCIOUS. I NDEED G OD IS A LL -KNOWING ALL -AWARE ." [QUR' AN: SURAH AL HUJURAT, 49:13].

English law:
In west they also give full rights to every human being but if we see that behavior of western government with Muslims is brutal. Muslim prisoner is a important example. Dr Afia siddiue is a Muslim prisoner in western jail. She has been sentenced to imprison for 86 years which violate the human rights act of English law 1998. If we compared English law with Islamic law, English law failed in many aspects of life.

Adultery:
Islamic law: Social relations are based on trust between men and women. If that trust doesnt exist then society falls apart. Part of that trust is that there is no adultery. Islamic law prohibited adultery thats why there are less cases of adultery in Islamic states as compared to western society.

"LET NO MAN GUILTY OF ADULTERY OR FORNICATION MARRY AND BUT A WOMAN SIMILARLY GUILTY, OR AN UNBELIEVER: NOR LET ANY BUT SUCH A MAN OR AN UNBELIEVER MARRY SUCH A WOMAN : TO THE BELIEVERS SUCH A THING IS FORBIDDEN ."

(Surah Nur 24:3)

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English law: Adultery is legal in English law, but this cause a lot of problems in that society as Adultery become major reason for divorce husband and wife lack trust in each other. Due to adultery family system is totally broken in west and people become indulge in inhuman behavior.

Banking System (Economic System) Islamic law: Islamic system strongly prohibited interest rate (Riba). It is unjust gain in
business or trade. Islamic economic system is the strongest system among the whole world. Islam strongly forbidden riba and declared it as a major sin.
THAT WHICH YOU GIVE AS INTEREST TO INCREASE THE PEOPLES WEALTH INCREASES NOT WITH GOD; BUT THAT WHICH YOU GIVE IN CHARITY , SEEKING THE GOODWILL OF G OD, MULTIPLIES MANIFOLD (30:39)

Surah Al Rum, verse 39


OH BELIEVERS, TAKE NOT DOUBLED AND REDOUBLED INTEREST , AND FEAR GOD SO THAT YOU MAY PROSPER.

Al-Qur'an In Islamic system there is obligatory 2% zakat for Muslims. Features of Islamic Banking are based on ethical principles. Islamic Shariah allows all economic activities in the framework of protecting public interest and safeguarding it.

English law: In English law, there is no law and regulation on interest rate. Every institute
has its own rate and they can utilize in wrong way. Due to heavy interest all western countries have to pay huge amount of debts. Due to weak economic system western countries has to raised taxes. Citizen of these states has to suffer a lot due to weak economic system. Labor cost is low whereas taxes are high.

Murder: Islamic system: In Islamic law murder penalty is death sentenced people called this law as
barbaric but its wrong as Shariah gives an alternative to taking criminal life; Moreover shariah encourages the possibility of pardoning the criminal completely. Shariah is flexible and not rigid as people in west consider it. There are many options available in regard to murder. In shariah blood money can be accepted by victims relatives as it helps them financially if they lost their head of the family.

English law: In English law the punishment of murder is life imprisonment. After judge
order murderer victim family are allowed for appeals and they begged for mercy but as compared to western law , Islamic law is regarded as a height of mercy and they can forgive the murderer which also helps victim family by amount of deet and relaxed the murderer family.

Islamic law and English law: A comparison

Rosheena and Maryam Dress: Islamic Law: Islamic law promotes modesty and seeks to minimize vice and immorality in
society. One of the ways it does so is by requiring modest dress. Islam sets the standards of decency for both men and women. n Islam, both men and women are expected to dress simply, modestly, and with dignity. A man must always be covered in loose and unrevealing clothing from his navel to his knee. A Muslim woman must at least cover her hair and body in loose and unrevealing clothing, obscuring the details of her body from the public. The wisdom behind this dress code is to minimize sexual enticement and degradation in society as much as possible for both men and women.

English law: In English law there is no dress code. People are in western countries dress up
in unethical way. Due to unethical behavior many sins are practiced commonly like gambling, prostitution and drinking. There is no respect for women in these societies and they are considering as an object of lust.

Islamic law and English law: A comparison

Rosheena and Maryam

Conclusion:
Laws are all about regulating relations between people and also between people and government. Shariah is a very significant part of the Muslim belief, as it puts in practice, what Muslims are commanded to do by Allah, and Muhammad. Regardless the degree of Shariah strictness, some would prefer a strict version, and others will prefer a lesser strict one, it is desired by all Muslims, as it is retrieving its authority, and importance from Allah, and his prophet. Shariah, or Islamic law, is the code of conduct for Muslims and is based on two main sources: The Qur'an and the Sunnah of the Prophet. The aim of the Shariah is to preserve society in a form which is healthy and fruitful for the inhabitants on earth. Shariah helps mankind live the way the creator has decreed us to live, and to ease our worship to Allah (SWT), whereas with broken families, high rape, massive percentages of alcohol related diseases and deaths, homelessness, obesity. These statistics reflect the success of a government which rules by manmade law and it paints a picture that tells us the government only serves the interests of the political elite, including big corporations, banks and man's desires. The Islamic Judicial system is far better to any system man has ever devised in history. The strictness concerning evidence has meant that only around 200 people ever had their hands cut in 1300 years of Islamic Rule and the incidences of theft were very low. The Islamic system allows a person aggrieved of a crime the right to forgive the accused or to demand compensation for certain crimes. A person has the right to take the ruler to court and even remove him if he transgresses against the Shariah. Islam protects the belief, life, honor, mind and wealth of all citizens as well as ensuring that each individuals needs in terms of food, clothing and shelter are provided for not as a matter of charity but as a matter of divine obligation upon the Islamic State. There is nothing which comes close to the Shariah and Islam, however the Shariah needs to be implemented in its totality to work and receive the blessings from Allah. As Allah says in Quran
ALLAH ORDERED YOU TO RETURN THE HUQUQ TO THE PEOPLE AND IF YOU RULE AND JUDGE BETWEEN PEOPLE , YOU RULE BY SHARI AH ( I. E . A L ADL - JUSTICE ).*EMQ 4: 58]

Islamic law and English law: A comparison

Rosheena and Maryam BIBLOGRAPHY:

Online websites: http://www.almasjid.com/content/islamic_dress_code


http://www.discoverthenetworks.org/viewSubCategory.asp?id=774 http://islammonitor.org/index.php?id=4050&option=com_content http://www.islamproject.org/education/D01_IslamicLaw.htm http://muslimgirl.net/2009/08/conquestofmecca/ http://www.crf-usa.org/america-responds-to-terrorism/the-origins-of-islamic-law.html http://www.vuhelp.net/llb/11075-sources-u-k-constitution.html http://www.quick-facts.co.uk/politics/britlaw.html http://www.parliament.uk/about/living-heritage/transformingsociety/privatelives/relationships/overview/lawofmarriage-/ http://www.muhammadanism.org/Government/Government_Sharia_Music.htm http://www.historylearningsite.co.uk/british_constitution1.htm http://www.religioustolerance.org/islsharia.htm http://histclo.com/law/law-ecl.html http://www.topix.com/forum/city/camden-tn/TEI2AAE0BULECB8KL http://www.ediscoverislam.com/About-Islam/Islamic-Law-and-legal-Systems/objectives-ofislamic-law-human-life-wealth-faith

PDF files
Divine Law and man-made law (Al-Karam Muslim Magazine, Volume 3, Issue 2, July 2001) English legal system an overview ( Wilson2e_ch1)

Islamic law and English law: A comparison