Basic Principles of the Shariah

The following are the basic principles of the Shariah:

Submission and Obedience to God’s Will:

Islam, as its name shows us, is the religion of submission to the Will of Allah and obedience of His commandments. The Quran expressly declares: “O ye believers! obey Allah and obey the Apostle and those in authority from among you; then if you quarrel about anything, refer it to Allah and the Apostle, if you believe in Allah and the Day of Judgment; this is the better part and very good in the end.” (4:59). It means that in respect of obedience, the first priority goes to the commandments of Allah and next to those of the Holy Prophet/^. Only in the third instance are the rulers to be obeyed, provided their commands remain within the limits and commandments of Allah and the Apostle.

Social Ethics:

Islam is the religion of morality. It enjoins upon the Muslims, amr b’il marufwa’l nahi al munkir, i.e. command to do what is good (maruf) and punish the wrongdoing. This is essence of Islamic social ethics. The Islamic rulers are bound to enforce this divine commandment.

Adi wa Ehsan:

The Shariah is based on the principles, of Adi wa ehsan or justice and public good. These principles have been repeatedly emphasised in the Quran and in the Hadith of the Holy Prophet^. In the Quran, the principle of Adi or justice is represented by the mizan or balance, whose two scales are held equal. Thus justice in Islam means to render the rights of all persons equally and equitably. But Islam also enjoins that justice should be rendered with ehsan or in keeping with the good and welfare of all people. This principle is the basis of the juristic principle of istihsan or juristic preference. It is the Islamic principle of equity. It means that justice should be done in the manner as not to cause injustice to others.

 

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