Law

Durre Najaf

Law

Law is a system of rules and guidelines institutionalized for molding the political, economic and social systems. Legal systems elaborate rights and responsibilities in a variety of ways. In this modern world each country has its Constitution which is its supreme law. Legislature lays the way for ethical behavior thereby establishing rights and responsibilities of the constituents of a society, complemented with appropriate condemnations to ensure compliance. Furthermore, the philosophy behind punishment is teaching a lesson and creating fear amongst the masses to ensure that they refrain from committing crimes. Enforcers of law include Courts, Judiciary, Judges, Ombudsman, and Qazi.

Fiqh, or Jurisprudence, teaches us the underpinnings of the Shariah. It educates on what Allah and His Rasul(S) pronounce and how His Ahl al Bait (as) explain it as per the need of the time without any alteration. Fiqh shows us the difference between right and wrong, clean and unclean, and Halal and Har’am, thus enabling us to live our best selves in accordance with Shariah – the divine Law. The knowledge of the Shariah draws from multiple fields of study – mathematics, geography, and physics to name a few. Despite all of the advancements in space studies, mathematics, and physics, no ordinary human being has or will ever be able to calculate and decipher how human beings become spiritual beings and then ascend to Jannah. The root of all knowledge and understanding, the root of Fiqh, is divine guidance – the Ahl al Bait (as). Without it, we would be lost. Fiqh is Islamic Jurisprudence and an expansion of the Shariah Law—based directly on the Qur’an and Sunnah—that compliments Shariah with evolving rulings/interpretations from the Islamic jurists. Fiqh deals with the observance of rituals, morals and social legislation in Islam. There are four prominent Sunni schools:

Hanafi, Shafai, Malaki, Hanbali. There are two leading schools within the Shias, Ithna Ashar and Ismailies (Nizaries and Tayyebis). They are again subdivided in three branches (Dawoodis, Sulaymanis, Alavies).

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