Law Occupies A Unique Position
Ideas are means by which a rational society comes to term with changing reality. The volatile and tempestuous world in which we live stands in need of ideas, which comprehend the present and anticipate the future.
In the Islamic society law occupies a unique position, because it is regarded as something sacred and to be respected in all circumstances, because it emanates from Allah the Greatest Law Giver, even in 3 decadent Muslim society the people will not do anything declared by the Shari'ah as unlawful (haram). No Muslim will marry a forbidden woman or eat forbidden food. If he does it the society will excommunicate him, He will remain an outcast throughout his life.
As the Shari'ah stems from the divine commandments or on the rules laid down by the apostle of Allah, its provisions are not amenable to change. They are laws to be unconditionally accepted and obeyed and no legislature can make any alterations in them and can make any law incompatible with those provisions people talk of "Ijtihad" nowadays. They advocate the view that Shariah should be interpreted to suit the prevailing conditions of the age. But such an interpretation should not violate the limits laid by the Shariah. It must always have a reference to the principles laid down in the Holy Qur’an and Sunnah. if any interpretation is attempted by turning a blind eye to the primary sources of the Shariah, it would be tantamount to innovation the militates against the fundamentals of Islam.
In the eyes of Islam, every person is equal and everyone has the right to seek
redress through a court of law, every individual has equal rights to the
protection of life property and honour Islam proclaims equal treatment in law
regardless of one's status or position in life. Even the ruler is not exempted.
He has to appear before a court of law if summoned. The teachings and practice
of the Holy Prophet (PBUH) as well as the practice of his successors show that
judges never hesitated to decide against, the rulers in cases of defaults.
The incident is noted in Sahih Bukhari that in
Madinah a woman belonging to Bani Makhzoom tribe committed theft. She was liable
to amputation of the hand. The notables of the tribe prevailed upon Usama bin Zaid
(RDA) who was dear to the prophet
(PBUH) to intercede for her. The
prophet (PBUH) angrily said to him,
"Would you intervene in the punishment prescribed by Allah?" Then he turned to those who were present and
observed, "what has been the cause of
t the downfall of the previous nations
is that when a thief
of noble origin was
caught, he was allowed to go
without punishment, whereas a thief
of humble origin was subjected to punishment.! Swear by Allah, that if Fatima, daughter of
Muhammad committed a theft, I would have her hand cut off".
This tradition is a significant example of the supremacy of law in
Islam.
Another incident worth mention relates to Hazrat
Amr bin Aas (RDA) was the governor of Egypt. A copt
accused his son of whipping without any
cause, the Caliph Hazrat Umar (RDA)
summoned him in Madinah after
making enquiries ordered that the aggrieved person should lash the
Governor's son with equal numbers of
stripes; The punishment was
carried out in public.
Islam
has thus struck at the very root of this kind of injustice. By emphasizing the
supremacy of law, it declared that nobody is above law, not even the prophet
(PBUH) and his family.
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