This
verse is known as the most comprehensive verse of the Qur’an. It
summarizes basic Islamic principles and values: `adl (justice)
and ihsan (compassion). These should be the overriding
principles for everything that we say and everything that we do,
individually or collectively.
Ethics
and the Secular Laws
In
the secular legal systems, the law and ethics are not necessarily
interrelated. People sometimes fulfill laws but they are not
necessarily ethical people. Sheldon Amos in his book The Science of
Law says: “A man may be a bad husband, a bad father, a bad
guardian without coming into conflict with rules of a single law.”
Laws are best understood formally as a system of orders, commands, and
rules enforced by some authority. Laws are fulfilled by outward
compliance of the rules, even when someone hates those rules and the
authority that has given those rules.
The
Nature of Shari`ah
Shari`ah
is the law of Allah. It is different from laws in the common sense of
the word. Shari`ah is the law that is based on ethics. Its basic
values are permanent and universal. Shari`ah deals with the outward
and inward. The rules of Shari`ah cannot be fulfilled without
sincerity, true intention, love, and respect of the law and the
Law-Giver, Allah.
The
Purpose of Shari`ah
The
purpose of Shari`ah is to make good persons and a good society. Its
whole objective is ethical and moral. Shari`ah establishes what is
good and beautiful. If something is not moral (good and beautiful), it
is not part of the Shari`ah. It is also impossible to fulfill the
Shari`ah without becoming a good person. A society that establishes
the Shari`ah must become a good and beautiful society. It is
impossible to have a society compliant to Shari`ah and have injustice,
ugliness, and evil in it. It is also impossible to have a good Muslim
who is unjust, unfair, unfaithful, and immoral.
Ibn
Al-Qayyim in his famous book of fiqh says, “The Shari`ah is founded
and based on wisdom and the benefit of people in this life and in the
eternal life. Shari`ah is altogether justice, mercy, benefits, and
wisdom. Any rule that departs from justice to oppression, from mercy
to its opposite, from benefit to harm, and from wisdom to futility, is
not from the Shari`ah, even if it is included in Shari`ah by
interpretation.”
Basic
Values of Shari`ah:
Scholars
say that the Shari`ah has basic values or objectives. They identify
them as follows:
1.
`Adl and qist—Justice and equity
2.
Huquq—Rights and obligations
3.
Shura—Consultation
4.
Masalih—Public interest
5.
Falah—Success (in this world and in the Hereafter)
The
purpose of Shari`ah is to protect and promote:
1.
Din—Religion
2.
Nafs—Life
3.
Nasl—Progeny or family
4.
`Aql—Intellect
5.
Mal—Property or wealth
When
we practice the rules of Shari`ah, we must keep in mind the objectives
of Shari`ah; yet very often, we follow the rules but we ignore and
overlook the spirit and real purpose of those rules. The following are
examples:
1.
The Qur’an speaks about taharah (purification), ghusl
(purificatory bathing) and wudu’ (ablution): We take these
rules and apply them, but we do not take the objective of cleanliness
very seriously.
2.
We pray in jama`ah (congregation), but we have not learned the
system of organization from our salah.
3.
We give zakah, but we have not been able to establish a system of
social justice.
4.
We go for Hajj, but we have not been able to develop a unified Ummah,
a community that transcends nationalistic divisions.
5.
We recite the Qur’an many times, but we do not try to understand its
meaning and message.
6.
We talk of the Sunnah of the Prophet (peace and blessings be upon him)
but this is mostly related to appearances. We pay little attention to
Prophet’s character of love, kindness, honesty, truthfulness,
sincerity, fulfilling promises, and so on.
Our
Responsibility
It
is our responsibility to know the rules of Allah and put them into
practice with sincerity. But before anything, we should ask ourselves
if we are really practicing justice. Are we really fair to others, to
our spouses, to our relatives, to our neighbors, employees, employers,
to Muslims, to other human beings, to animals, to anything and
everything? Are we really compassionate people? Are we really
increasing in compassion or are we becoming angry, hateful, arrogant,
or complacent about ourselves? We must improve ourselves in justice
and compassion. If we do not have `adl (justice) and ihsan
(compassion) or rahmah (mercy), then we are not practicing the
Shari`ah. Similarly, if we think that we are following the law of
Allah but the result is injustice and lack of compassion, then it
means that we have not properly understood the law of Allah or we are
not interpreting it right.