A Model, Not a Paradigm:
A French woman once posed an unexpected question, asking me:
“Why don’t you take off your head cover in France? Your head cover contradicts French law. The French legal system is a model of progress that should be emulated. You could wear your hijab in a country that permits it.”
I replied: “Are you suggesting that if I visit France, I should abandon my head cover because the French disapprove, and if I travel to Saudi Arabia, Ishould wear it because it is accepted there? In that case, who is my true
deity?”
While French law may serve as a model, it is by no means the best model for me, nor is it a standard worthy of imitation. Ultimately, it remains a man-made construct, born out of specific historical and social contexts.
Islamic law, on the other hand, prioritizes knowledge, reason, intellectual engagement, and the relationship between the individual and the Creator. In contrast, secular law emphasizes external appearances, material concerns, and the individual’s relationships with others, focusing on the temporal rather than the divine.
The fundamental distinction between Islamic Law and human-made legal systems lies in the fact that the Islamic law was not shaped by circumstantial events. It was revealed with the purpose of establishing justice and upholding truth, regardless of the prevailing circumstances, and it is inherently aligned with natural human disposition. In contrast, man-made laws are contingent upon specific historical and cultural conditions, which render them susceptible to constant flux, as external realities are always in a state of transformation. As such, these laws can never fully harmonize with human nature.
For instance, laws are typically shaped by the ideologies, customs, traditions, and histories of those who draft them. It is the society that guides the law, not the law that directs society, and this has been the historical precedent.
However, this paradigm shifted after World War I, when nations began advocating for new legal systems that could be wielded to direct populations toward specific objectives, as some great powers sought to do at the time. Consequently, law became a tool to regulate societies, even if the legal framework was not always suited to the communities it
governed.
As human beings, we are left with a choice: to believe either in an eternal, self-existing material source of existence (atoms), or in an eternal Creator, without beginning or end.
But matter cannot serve as the origin of creation. How could human faculties such as sight, hearing, speech, and intellect arise from
something that itself cannot see, hear, think, or speak?
Since the Creator (God Almighty) possesses ownership over His creation, His governance of the universe stems not only from His role as Creator but also from His position as Owner. His rulings are grounded in ownership, justice, and authority, and only He has the inherent right to delineate rights and freedoms concerning His creation.
As the Creator says in Surah Az-Zumar:
“Allah presents an example: a slave owned by quarreling partners and another belonging exclusively to one man – are they equal in
comparison? Praise be to Allah! But most of them do not know.” (39:29)
This verse raises a profound question: what is the superior state for a human being to be a servant to a single deity or to be enslaved by multiple masters?
In this Qur’anic verse, the Creator dismisses the notion that human beings can achieve absolute freedom by rejecting submission to a higher power, as some contemporary ideologies assert. A human being, by their very nature, did not choose their family, birthplace, race, ethnicity, or physical attributes. In all these aspects, one remains a servant to their
Creator.
What the Creator expects is for humans to willingly choose to be His servants in the areas where they possess free will; otherwise, they will inevitably fall into servitude to something other than their Creator.
Take, for instance, the misconception that an unveiled woman is inherently “free.” In reality, she is bound by societal expectations, the opinions of others, the demands of the beauty industry, fashion trends, and cultural norms, as well as her own convictions and whims. Thus, she is subjected to multiple external influences. True freedom lies in not being enslaved by desires, opinions, or societal pressures but in
submitting solely to the will of the One Creator.
A Muslim woman seeks to be regarded by men as someone of immense value, stripped of the reductive label of “female” and viewed instead as a mother, sister, or daughter.
She desires to be judged by the world based on her beliefs, intellect, and cultural identity, not by her external appearance.
This demonstrates that rights must be founded upon what the Creator has ordained for humanity, as conveyed through the divine revelations sent via the prophets and messengers.
A Paradigm and an Ideal:
When humans establish ethical frameworks or secular systems (man-made religions), they are not only susceptible to error and constant
revision but also lack the motivational force necessary for genuine adherence. These frameworks often become mere slogans, elevating luxury, pleasure, and comfort as ends in themselves. They fail to grant humanity a higher purpose or value that transcends the pursuit of temporal pleasure.
In contrast, the Creator’s divine law bestows upon the human being a profound purpose that surpasses mere gratification. It assigns a higher
meaning to life one that goes beyond individual desires and earthly indulgence. The ultimate aim for a believer is to attain the pleasure of
the Creator, to love, fear, and revere Him, and to aspire to an eternal paradise. In that paradise, they shall dwell with the true heroes: prophets
and righteous individuals who dedicated their lives and sacrificed their souls for values far nobler than transient comfort and fleeting pleasures.
The French historian Gustave Le Bon, in his work The Civilization of the Arabs, recounts that upon Napoleon Bonaparte’s return to France from Egypt in 1801, he brought with him a legal treatise from the Maliki school of Islamic jurisprudence titled Al-Dardir’s Commentary on the Mukhtasar of Khalil.
According to Le Bon, this legal text significantly influenced the development of French law, particularly in the areas of contractual obligations, civil law, and governance, and played a pivotal role in Europe’s legal renaissance. The Islamic legal tradition, particularly Maliki jurisprudence, contributed to the drafting of what would become known as the Napoleonic Code. This code, with its roots in Islamic law, shaped regulations governing administration, commerce, agriculture, individual rights, as well as domestic and international relations, laying the foundation for modern Western European legal systems.
Thus, any advancement or distinction in modern French law can trace its origins back to Islamic Sharia. It is worth noting that the French legal
system selectively adopts aspects of Islamic law that suit its needs while disregarding others, a natural consequence of a human-devised system.
This underscores that Islamic law is not only a model but an ideal worthy of emulation.
By contrast, man-made laws are often indifferent to the innate human disposition, focusing instead on satisfying instinctual desires—the natural inclinations instilled by the Creator.
The objective of secular laws is frequently to enshrine non-natural norms, such as promoting behaviors that rebel against the moral compass inherent in human nature (e.g., the endorsement of same-sex relationships). This defies natural law and seeks perpetual happiness through self-indulgence, a pursuit that inevitably leads to dissatisfaction and a continuous cycle of change.
Modern shifts in societal values from traditional marriage between a man and a woman, to same-sex unions, and even bizarre relationships
with inanimate objects or animals illustrate this unrelenting pursuit of pleasure. The inevitable outcomes of such defiance against natural law
are often madness or self-destruction.
To violate the laws of the universe is to inflict suffering upon oneself.
For example, when a person feels hungry, they must eat; when they are thirsty, they must drink water. If someone were to attempt to quench their thirst with food or satisfy their hunger with water, they would be violating natural laws, leading to their own demise.
Human nature, or fitra, represents the innate disposition upon which God created Adam (peace be upon him).
Every descendant of Adam is born with this primordial nature, and it serves as a compass that directs human instincts. Fitra is the guiding
force that informs how these instincts should be properly fulfilled.
Instincts are natural inclinations and needs, but when individuals attempt to satisfy these needs in ways that contradict their innate nature, it creates a fundamental disorder in their behavior.
Throughout history, God sent prophets during times when human nature had become corrupted when people sought to fulfill their natural desires in ways that conflicted with their inherent disposition. These prophets were sent to restore humanity to its original, unblemished state. While human instincts remain unchanged, the methodologies for satisfying those instincts have been distorted. Consider the following examples:
- The instinct to seek food, driven by hunger: The natural methodology dictates that one should not resort to theft or murder to satisfy the need for sustenance.
- The instinct for marriage, driven by desire: The natural methodology requires that this need be fulfilled within the framework of lawful marriage, not through illicit relationships, underage partners, or same-
gender unions. - The instinct for ownership, driven by the desire to acquire: The natural
methodology compels a person not to steal or unjustly seize the property
of others or conquer lands by force.
God created angels endowed with intellect but devoid of desires, animals
endowed with desires but lacking reason, and humans endowed with
both reason and desire. If a person’s intellect dominates their desires, they ascend to a rank higher than that of angels. However, if desires overwhelm reason, the person descends below the level of animals.
Mastering one’s intellect over their desires is the only path to attaining true, lasting happiness that extends beyond this world and into the afterlife.
Antiquity, Expertise, and Legacy:
The enactment of the Napoleonic Code marked a seismic shift in the legal framework of Europe, reverberating through legal circles with unparalleled impact. It was heralded as a groundbreaking moment in legal history, often regarded as the first comprehensive legal system of its kind. Prior to this, only a handful of sporadic and narrow attempts, such as the Code of Hammurabi from the 19th century BCE, had gained historical recognition. Some even argue that the Torah and the Qur’an derived their legal principles from such ancient codes, despite the fact that Hammurabi’s laws often stand in stark opposition to both the Quran
and even the distorted Old Testament.
But was the Code of Hammurabi truly the earliest form of codified law?
Hammurabi, after all, lived after the time of Prophet Ibrahim (Abraham), who had his own divinely revealed scriptures and legal system. It is highly plausible that Hammurabi’s code was influenced by the remnants of Ibrahim’s teachings, which have left traces in the Torah. Moreover, with Adam (peace be upon him) as the first prophet, it is reasonable to assume that any ancient legal system, even among pagan societies was not immune to the lingering influence of the divine messages That originated with him and were perpetuated by all subsequent prophets.
Since the Creator is singular , the core principles of divine law are unified across time, with variations tailored to meet the specific needs of different human epochs. As the Creator is also the supreme Owner of all creation, He alone possesses the absolute right to legislate within His dominion.
Only the thief protests the severity of the punishment for theft, and only the adulterer decries the penalty for adultery.
These divine decrees have always served and continue to serve as essential safeguards for societal well-being.
Consider, for example, a report published by the esteemed British newspaper The Daily Mail on January 7, 2013, discussing a novel method to treat addiction to adultery, drugs, and alcohol. The treatment involved administering lashes to the addict’s back, which has proven remarkably effective in curbing these destructive behaviors.
In Russia, a “flogging therapy session” by a trained professional costs
approximately $60.
The acknowledgment by medical professionals that whipping an adulterous addict produces tangible therapeutic results speaks to the
miraculous wisdom embedded in the Quranic prescription for adultery.
The Quran’s miraculous nature extends beyond scientific and linguisticrealms, encompassing profound insight into human behavior and its rectification through divinely ordained punishments.
In numerous countries governed by secular laws, crime, particularly theft, remains rampant. Despite implementing a wide array of punishments, theft continues to rise. There is no punishment more compassionate or effective in addressing this issue than the amputation
of the habitual thief’s hand, which eradicates the source of societal decay at its root.
As Allah the Almighty states:
“As for the thief, male and female, amputate their hands in recompense for what they committed, as a deterrent from Allah. And Allah is Exalted in Might and Wise.” [Surah Al-Ma’idah: 38]
This divine religion was sent as a mercy to all of humanity. Despite the escalating attacks on Islam, its spread continues to accelerate, particularly in Western nations where freedom of belief and thought prevails. This underscores a critical truth: when left to their own rational faculties, many individuals, when granted freedom of belief, gravitate toward Islam.
When secular legal systems ultimately shifted from their original function of merely organizing society to actively shaping and directing it, they unwittingly embraced the Islamic legal philosophy.
Islamic Law had always posited that the foundation of legislation is not merely
to regulate society but to shape, guide, and then govern it. In this sense, secular law has finally arrived at a principle that Islamic law established more than fourteen centuries ago.
Some elements of secular law still bear traces of ancient, distorted religious systems, but where these align with Sharia principles, they are remnants of the divinely revealed law. The qualities that distinguish Islamic Law are its divine origin, its transcendence and permanence, its comprehensive and universal applicability, and its unparalleled balance and completeness.
One of the most striking metaphors I’ve encountered regarding secular laws compares them to the idols of the Quraysh, which were crafted from dates only to be consumed by their creators whenever hunger struck.
If, under the democratic system, the majority were to vote in favor of enforcing the punishment of amputating the hand of a habitual thief with malicious intent, would secular lawmakers embrace such a ruling?
Religion and State:
Islam was divinely ordained to establish justice on Earth, a justice that transcends mere human constructs and is rooted in the comprehensive, eternal wisdom of the Creator. It is the same monotheistic message that was conveyed by all of God’s prophets to their respective nations, though it was later distorted by followers who deified their prophets and saints, deviating from the original, unadulterated message.
But what form of justice does Islam prescribe?
Islamic justice is one that restores balance to all aspects of life, ensuring that each entity is given its due. It starts with recognizing the rights of the Creator, affirming His absolute oneness, and rejecting any notion of partners, offspring, or intermediaries. God, in His infinite transcendence, is free from all forms of human and material limitations, including the anthropomorphisms that distort divine essence—whether through the incarnation in human form, animal form, or idol worship.
Human beings are granted their rights in Islam by being afforded a direct and unmediated relationship with the Creator, without the need for priestly or saintly intermediaries. When in need, individuals are instructed to call upon the Creator directly, without seeking intercession from any prophet or pious figure, including the Prophet Muhammad or members of his family.
Furthermore, Islam upholds the rights of all God’s messengers, from Adam to Muhammad, including Moses and Jesus (peace be upon them all).
Reverence for all prophets is an integral part of faith, yet the ultimate duty is to follow the guidance of the final messenger, Muhammad, whose message completes and perfects the divine revelation.
The Islamic vision of justice also mandates the absolute equality of all human beings, eradicating the toxic prejudices of race, ethnicity, or class. Islam firmly asserts that no individual Arab or non-Arab is superior to another except through their piety and righteousness. In addition to equality, Islam champions personal freedom, including the
right to choose one’s faith and practice it without compulsion:
“There is no compulsion in religion. Truth stands clear from falsehood. Whoever rejects false deities and believes in Allah has grasped the most trustworthy handhold that never breaks. And Allah is All-Hearing, All-Knowing.”
— [Surah Al-Baqarah, 2:256]
Moreover, the Islamic legal framework exists to eradicate oppression, protect the vulnerable, and uphold the rights of the oppressed. This is central to the mission of justice within the Islamic worldview.
From these principles, it is evident that only the Creator Allah possesses the ultimate authority to delineate rights and freedoms concerning His creation. His decrees are grounded in unparalleled justice and wisdom, for He alone comprehends the true nature of humanity. It is also clear that any fairness or mercy found in secular, man-made laws can be traced back to divine principles, while all injustice and moral degradation stem from human innovation.
Islam, therefore, offers a transcendent justice one that elevates human purpose beyond worldly gratification and fleeting pleasures, grounding it instead in a divine order that encompasses all facets of existence. Only when rights, laws, and freedoms are aligned with the Creator’s intent can true justice and harmony prevail.