Sharia is derived from an Arabic word Sharah. Sharia(shara), literally translated, means ‘the way of life’. The Divine law or Islamic law that governs not only religious rituals, but aspects of day-to-day life in Islam .This sharia law is defined through Quran and Sunnah only. It’s clear that sharia law is nothing but Quranic law or Allah’s law, and Prophet Muhammad pbuh has taught how to implement it as a constitution.
Quran is unchangeable or immutable so ‘His laws’ for which there can be no substitute as following reason :
▪ Kalimaat-i-Allah (i.e. Allah’s words, precepts, or laws given in the Quran)
ۚ إِنِ الْحُكْمُ إِلَّا لِلَّهِ ۚ
▪Legislation is not but for Allah .
(Qur’an 12 : 40)
It’s immutable and unchangeable laws as supreme Islamic Law given in the Quran by the Almighty God is called ‘Al-hukm’. As far as al-hukmis concerned, only the maker of the law has the authority to give al-hukm. He does not take any one not even the Prophet pbuh as a partner in al-hukm. No one is authorized to review, revise, reverse or amend His hukm. Hence, Allah’s hukm is the Supreme Law that is immutable and unchangeable, and there is no Supreme Law or hukm parallel to Allah’s hukm. In addition to the Supreme Law (al-hukm) given in the Quran by Allah.
The reason is the legislation in the Qur’an is sent by Allah for whole mankind. Its laws are perfect it will guarantee peace on earth if we implement it. Being human we have limited knowledge and vision, can’t comprehend the reality of the things. The divine law is not meant to be changed for each and every person’s demand. Just as principle can’t make an amendment in the school’s rules on every child’s demand. Muslims are obliged to follow the law. And the matters which are local issues, like administrative issues, orders or system of the society for their welfare could be ammendable.
Yes the commandments which is called ‘hudud ul laha/ حدو اللہ ‘ they are not amendable, like the matter of ihnertance, parents rights, punishment for adultary, ribba, family law, alcohol or many other. Yet, if Muslim living in non-islamic state, Muslim must follow the law of land but they should implement the personal law as far as possible.
The term ‘Ijtihad’ is allowed on the condition where clear Quran and Hadith is silent which should be under the parameters of Qur’an and Sunnah. But again they should be the members of consultative assembly (Majlis al-Shura / a social affair through consultation) the opinion of majority would be approved, head of the assembly will issue a fatwa or verdict on the matter where clear instructions are not defined.
▪“who (conduct) their affairs by mutual consultation (Qur’an 42 : 38)
▪”… And ask the people of renown if you yourselves do not know”. (Qur’an16: 43)
Harith ibn Amr reported: Some men among the companions of Mu’adh said the Messenger of Allah pbuh, sent him to Yemen and
The Prophet said : How will you judge?
Mu’adh said, “I will judge according to what is in the Book of Allah.”
The Prophet said: What if it is not in the Book of Allah?
Mu’adh said, “Then with the tradition (sunnah) of the Messenger of Allah.”
The Prophet said: What if it is not in the tradition of the Messenger of Allah?
Mu’adh said, “Then I will strive to form an opinion (ijtihad).”
The Prophet said : All praise is due to Allah who has made suitable the messenger of the Messenger of Allah.
Thus, Sharia law is a legislation designed and given by the Almighty God which is compatible to every age and time, not only that, it guide us to maintain this temporary life in justice and perfection be it family issues, social, ethical, political, legal, philosophical, economical, psychological, all and any aspect to be reached by the human self until the end, has been regarded in the Quran and from the life of the Prophet Muhammad pbuh, on an individual basis or man as one whole. Man made laws need alteration everytime. But this is the divine law which is perfect and absolute. So man has to follow it, laws need not to be amended.
This subject has become the topic of debate in the modern era of so called democratic and multicultural nations.
As far as the Shara (law) is concerned the judicial members (Fukha) associated it mostly the legal system of Islam, some linked it with the overall behavior and way of life and even some linked it the heart. For the better understanding we need to study the Quran authentic sunnah, the periods of companion of prophet (shaba) and the rulings of famous religious scholars of Islam.
وَتَمَّتْ كَلِمَتُ رَبِّكَ صِدْقًا وَعَدْلًا ۚ لَّا مُبَدِّلَ لِكَلِمَاتِهِ ۚ وَهُوَ السَّمِيعُ الْعَلِيمُ (قرآن ۶:۱۱۵)
“And the word of your Lord has been fulfilled in truth and in justice. None can alter His words, and He is the Hearing, the Knowing”.(Qur’an 6 : 115)