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Divinity of the Syariah

shariah-law
I wish to rebuke on the comments made by Sisters in Islam (SIS) on the divinity of the syariah published in The Star, entitled ‘Syariah law is not divine law, says SIS[1]. At the same time, I would also like to applaud the people who were working towards upholding the syariah law in Malaysia.

Syariah Law

Allah swt the Almighty had sent upon us Prophets and al-kitab to guide us to the Pleasure of Allah. The same messages were conveyed by the anbiya’ (prophets):

“And verily, We have sent among every Ummah a Messenger (proclaiming): “Worship Allah, and avoid Taghut.”” (16:36)

In it, there are Laws or syariah, for which every Muslims should follow in order to attain Allah’s Pleasure.

Allah commands us to follow this Law as prescribed in the Quran and gave a stern warning to those who disobeys:

 “It is not for a believer, man or woman, when Allah and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allah and His Messenger, he has indeed strayed in a plain error.” (33:36)

The opposite of syariah is taghut or jahiliyyah. Allah swt forbids Muslim from following it:

“Have you seen those (hyprocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgement (in their disputes) to the Taghut while they have been ordered to reject them? But Satan wishes to lead them far astray.” (4:60)

Human Intervention in the Syariah

The syariah are mentioned clearly in Quran such as the distribution of inheritance (4:11-14). However, there are those which are subjected to interpretation by the ulama or scholars.

“The halal is clear and the haram is clear, and between them are matters unclear that are unknown to most people” (Related by al-Bukhari and Muslim).

On these matters, the scholars shall convene and discuss the issues until a consensus or fatwa is reached. Thereafter, it shall be published. In some cases, with the emergence of new evidence or scientific advancement, the fatwa may be reviewed and republished. This ‘human intervention’ does not nullify the divinity of the syariah. It however, enhances the “matters unknown to most people”.

Law of the Land

Law of the Land are laws enforce within a specific boundary of a country or region. It is based on the Constitution from which a country derived its fundamental principles. This is not cast in stone and may be rectified or amend as a country progresses. As an example, the United States had introduced 11,539 amendments to its Constitution since 1789[2]. Nonetheless, lest we forget that the supreme Lord from which all laws, heaven and earth were created:

 “It is Allah Who has created seven heavens and of the earth the like thereof (i.e. seven). His Command descends between them (heavens and earth), that you may know that Allah has power over all things, and that Allah surrounds (comprehends) all things in (His) Knowledge.” (65:12)

This is truly the highest law in which all Muslim (and mankind) should follow.

Abu Hamzah
Al-Madinah Al-Munawwarah
ISMA Activist

[1] Zainal H, 2014, Syariah law is not divine law, says SIS, The Star, available from: <http://www.thestar.com.my/News/Nation/2014/12/14/Syariah-law-is-not-divine-law-says-SIS/>. [14 Dec 2014].

[2] Wikipedia, 2014, List of amendments to the United States Constitution, available from: <http://en.wikipedia.org/wiki/List_of_amendments_to_the_United_States_Constitution>. [16 Dec 2014].

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