Abutting this line of thought, Dr. Abdur Rahman Ibn Salih Al Mahmood’s brilliant treatise, Man-Made Laws vs. Shariah, brings forth a cogent analysis on the differences between human-made legal systems and the divine framework of Islamic law. This blog post will explore the main themes of the book, plus it gives reason for why comparison between man-made laws and Sharia is important to know more about justice.
Why Comparison of Man-Made Laws with Shariah is Important for Knowing Justice
It is only after comparing man-made laws with Shariah that one can understand the true nature of justice. Human-made systems, which are generally shaped by changes in society, are always limited by human weaknesses.
In contrast, there is divine wisdom that underlies Shariah. The wisdom therein serves as complete guidance, free from the constraints of time and culture. Dr. Al Mahmood’s book really highlights these differences, asking readers to think through their implications.
The Limitations of Man-Made Laws and Their Impact on Society
Human Imperfections Embedded in Man-Made Laws
Human laws are generally rooted in people’s cultural, political, and economic bias. It does not, therefore, always depict fairness and objectivity due to inconsistencies and favoritism that may emerge.
Ignores the Moral and Spiritual Dimensions
Laws set by humans typically provide for the regulation of outward conduct and ignore the internal moral and spiritual dimensions. Such limitations generally often lead to social problems that the law cannot solve.
The Problem of Constant Change and Instability
Man-made legal systems are always being improvised to respond to changing societies. Although this adaptability may be viewed as a strength, it makes the system unstable and uncertain.
Dr. Al Mahmood has criticized this point by stating that justice must be based on something stable and uniform.
Shariah: A Divine Framework for Justice and Social Harmony
Grounded in Divinity
Unlike man-made laws, Shariah is derived from Allah’s perfect knowledge. Therefore, it covers human needs fully with the balance between individual rights and collective responsibilities.
Combines Legal and Moral Guidance
Shariah transcends legal regulations by integrating righteous practice and accountability to Allah. The integration ensures a society of justice and compassion at one time.
Timeless and Universal Principles
The principles of Shariah provide applicability across different times and cultures. It is timeless, ensuring it never becomes obsolete. It has solutions transcending all times in which society undergoes changes.
Themes Explored in Man-Made Laws vs. Shariah
The Source of Authority in Lawmaking
One major theme exhibited in this book is the origin of authority in lawmaking. Dr. Al Mahmood explains how the man-made laws obtain their jurisdiction from governments that are easily leaned on by the human interests.
And whereas Shariah’s authority is derived from Allah, thereby allowing it to remain above any influence of partiality and biasedness, this gives divine law an added superiority.
Justice: The Ultimate Goal of Any Law
Justice is an issue which runs as a theme in the book. Man-made laws run after justice, but human beings are not perfect. Then, God’s law makes sure to produce justice with an equilibrium of worldly and spiritual perspectives.
Dr. Al Mahmood gives a host of examples to demonstrate how Shariah reaches a balance that human systems cannot.
Role of Punishments in Deterrent and Reform
The book also delves into the role that punishments serve in a legal system. Dr. Al Mahmood points out how Shariah’s prescribed punishments are highly deterrent-based but will also focus on reform and rehabilitation.
Practical Gains of Applying Shariah in Modern Society
Accountability Beyond the Legal System
This spiritual awareness that Shariah gives prevents the doing of wrong even without law enforcement in place.
Ensures Social Harmony and Stability
It is due to the rights vs. responsibilities to the society provided by Shariah that social harmony is prospered. Because justice and mercy are its principles, people can live peacefully among each other.
Root Causes of Crime and Injustice Addressed
Unlike man-made laws that usually just treat symptoms, Shariah tries to tackle issues at their roots. For example, it supports balanced distribution of wealth to reduce poverty and, hence, all the related crimes.
Myths Regarding Shariah and Their Corrections
Shariah Only Concerns with Punishments
Most individuals relate Shariah only with severe punishment. Dr. Al Mahmood clears this perception by stating that these punishments are a minuscule part of a comprehensive law where mercy and prevention seem to dominate.
Another misconception is that Shariah is rigid and incompatible with modern societies. In fact, its principles provide flexibilities to be adapted to different cultural and societal contexts.
How Dr. Al Mahmood Explains Difficult Legal Conceptions to Readers
Dr. Al Mahmood is both scholarly and clear. He reduces complex legal theories to simple terms so that anyone who reads can understand.
He also uses practical examples to illustrate his points, bridging the gap between theory and application. This approach ensures readers can grasp the book’s message without feeling overwhelmed.
Lessons Modern Societies Can Learn from Shariah
Prioritizing Ethics in Governance
Modern legal systems can benefit from incorporating ethical considerations into governance. Shariah’s emphasis on morality offers valuable lessons in creating fair and just societies.
Balancing Rights and Responsibilities
It has always taught a balance between individual rights and collective responsibilities, which form the very basis of preventing conflicts and maintaining social harmony.
While focusing on the cure and the problem solved, Shariah has an advantage of focusing on prevention before the problem even arises. Modern systems should look at adopting this proactive approach in addressing societal issues more effectively.
Conclusion: Why Man-Made Laws vs. Shariah is a Must-Read
Dr. Abdur Rahman Ibn Salih Al Mahmood’s Man-Made Laws vs. Shariah: A Thought-Provoking Journey Into Human Fabrications and the Undefeatable Wisdom of Divine Law.
The book inspires readers to reflect upon the true essence of justice and how law shapes societies. A must read for all those wishing to understand the distinction that these two concepts hold for each other and the impact they have on modern governance.
Read more: Juz Amma Tafseer Ibn Katheer Part 30 By Sameh Strauch
