Saturday, July 16, 2016

Sharia the basis of law

Sharia, the basis of law

The law of God 

A theological view of Sharia is that it is the “law of God”, he defined and prescribed from above. Therefore, every Muslim is obliged to follow strictly the precepts of the Islamic Shariah. Otherwise, he will suffer severe punishment in this world and the next. For good also follow the requirements of Sharia, the Muslims will be respected by people and rewarded by God as His true worshipers. The law of God is above human understanding, and therefore it must be done and not to discuss. The concept of Sharia is ambiguous among the theologians. The majority believes that it is based on the General provisions, regulations and requirements of Quranic verses and hadiths of the Sunnah. And because of that, and the other is based on the will of Allah and the opinion of Muhammad, the Shari'a should be considered “divine law” or, at least, by law, to comply with the General principles of the teachings of Islam.

Science agrees with theology 

Not going to go the mazes of theological controversy – they did not stop until now – and move on to the scientific characterization of the origins of the doctrine of Sharia areas.
The position of science at odds with the theological. All right as an expression of formal equality of people in a given society is the product of its development, when the corresponding norms of the legal order establishes the obligation of their execution. However, the right may speak on behalf of God, and then it becomes a theological expression, but in fact the right always sums up the social interests of the dominant forces in a given society. Right nobody gives neither from the outside nor on the subjective will, it is produced and codified in a system of norms the special representatives of the government, clothed with the proper authority. And then the right is being built in the law, speaking in the form of normative acts with higher legal force.

Muslim Law

All of this – the ABC of sociology and its not worth it to lead, if not for one important circumstance: in the mass the faithful with reverence, deify “Muslim law” as the embodiment of justice, eternal and immutable.
 It interferes with critical legal norms, the born and institutionalized in the medieval era. Entitled as flexible as relationship between people, developing in the process of production, exchange, and other forms of interaction. Therefore, such foundations of law as justice, equality, humanity, etc p., are changing and cannot be constant in its content. Any attempt to strictly follow the legal norms established a century ago in the other social conditions than the present, there is an uncritical return to the old, which is fraught with primarily costly spiritual order.
These are our starting points in understanding Muslim law.
The basis of it is the Sharia (ar. al-Sharia, the right or straight path) – a set of rules, regulations and authority, establishing civil and religious norms of Muslims on the beliefs of the Quran and Sunnah.

No comments:

Post a Comment