Modern Uk, Us and Islamic Law

Q1. With reference to relevant literature, discuss the inter-related nature of ALL of the following concepts and how each of them relates to the application of Islamic law in practice.

(a) Shari’a;

(b) Fiqh;

(c) Hukm;

(d) Usul al-Fiqh.







Question One



Prior to the introduction of Islamic law, the Arabia society handled social affairs within their own tribe. Every person belonged to a tribe and all matters were taken care off by mutual consent. There was no “common authority and the absence of state” and as a result arbitrators were used to resolve disputes amongst parties. It was in this society where the Prophet Mohammed was born and within in this society Islam grew.   The Quran was revealed not as a law book but with the purpose of “regulating not the relationship of man with his fellows but his relationship with his creator” The Arab tribes of Medina accepted the Prophet Mohammed and were then bound not by ties to a single tribe but by ties to a single faith.   By accepting this they also accepted that the Quran is the divine word of God.   “The Quran is primarily a book of religious and moral principles and exhortations and is not a legal document. “

 

The central theme of Islamic law is the idea that God is Sovereign and that his divine will is law. Shariah does not have a clear definition. Shariah is the main source of Islamic law. It contains rules and regulations which are based upon the Quran, the divine words of God, and the Sunnah of the Prophet saw.   The Quran is the ultimate source of the Sharia, as it is directly given to us by God. Although it has been argued by many jurists that the Quran is not a law book, they agree that 500 verses have legal content. Goitein argued that when it comes to non legal matters, the Quran is often repetitive. As a result he felt that the “proportion of legal subject matter to non legal subject matter is larger then generally...