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salmant
PAKISTAN
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 Topic initiated on Friday, June 22, 2007 - 10:49 AM 
Islamic Law vs. Lawmaking by humans
Dear All,
There have been repeated debates especially within Pakistan, throughout its history, regarding whether Man-made law (i.e. The Constitution) clashes and/or interferes with the jurisdiction of Divine law (i.e. Shariah). Our religious scholars have often raised a concern, by framing it as a question of Sovereignty of Allah vs. Sovereignty of people. Their claim is that if Allah is Sovereign (as the Constitution itself states that He is), there shouldnt be a man-made law in the first place, if it is there, it should only deal with those issues not touched by Shariah. And any law making done on an issue where a slightest of hint by Quran, Sunnah or even by a statement of a Faqeeh (Muslim Jurist) has been dropped, is a tresspassing on the jurisdiction of Shariah.
The question then is, what is the jurisdiction of Shariah?, the one which cannot be crossed, where and how are its boundaries drawn? What to do when within people/scholars there is difference of opinion on these boundaries? what precisely should be the ambit of human lawmaking?
Thanks,
Salman |
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perv1
UNITED KINGDOM
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Posted - Sunday, June 24, 2007 - 4:57 PM 
AOA Salmant
Which islamic laws are you refering to?
Regards |
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salmant
PAKISTAN
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Posted - Monday, June 25, 2007 - 6:58 AM
| I am not referring to any particular law, I am referring to 'The Shariah', including all the laws that relate to it. |
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perv1
UNITED KINGDOM
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Posted - Monday, June 25, 2007 - 11:45 PM
quote:
I am not referring to any particular law, I am referring to 'The Shariah', including all the laws that relate to it.
Well be bit more precise because different sects have different ideas about sharia laws |
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salmant
PAKISTAN
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Posted - Tuesday, June 26, 2007 - 6:08 AM
Perv1,
You are right. Infact, that is the source of the problem, when it comes to the lawmaking in a country. The difference of opinion causes uncertainty regarding the ambit/jurisdiction of The Shariah and also regarding whether there is tresspassing on it by the lawmakers while they are suggesting new laws or amending old ones for the Constitution.
My question is not concerned with difference of opinion on any individual laws. My question is: Given that there is uncertainty regarding the jurisdiction of The Shariah for lawmakers because of variant opinions, is it possible for them to make laws, which are unambiguosly in accordance with Quran and Sunnah? If not then is it necessary for a Constitution of an Islamic Country to place this constraint of Quran & Sunnah for lawmaking?
I hope I have made my question clearer, but please ask if it is not due to my bad writing skills.
Thanks,
Salman |
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perv1
UNITED KINGDOM
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Posted - Tuesday, June 26, 2007 - 11:06 PM
AOA Salman
I think you have answered your own question. |
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salmant
PAKISTAN
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Posted - Wednesday, June 27, 2007 - 6:27 AM
| Have I? I dont get it....how? |
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