What is the Islamic Law (Shariah)?
Shariah (literally 'a path to life-giving water') refers to the Islamic legal tradition, what is sometimes called Islamic Law. The Islamic Shariah is the Islamic law which applies to all aspects of the life of a Muslim. The Shariah includes all aspects of life, from daily activities, ibadah (worship), criminal law and everything else. It is obligatory on every Muslim to respect and follow the Islamic Shariah in every aspect of their life. It is also obligatory on Muslim nations to implement the Islamic Shariah, and make it the source of all law and legislation.
Fiqh (literally 'understanding' and 'comprehension') is Islamic Jurisprudence, the process and rulings related to all aspects of Islamic life. It refers to the legal rulings of the Muslim scholars, based on their knowledge of the shari`ah; and as such is the third source of rulings
What are the sources of the Shariah?
The main sources of Shariah as explained by the scholars are the following:
>> The Holy Qur'an
>> The Sunnah of Prophet Muhammad (peace be upon him)
>> The ijma' (consensus) of Islamic scholars (the ummah) in understanding, interpreting and applying the Qur'an and Sunnah
>> The ijtihad (exercise of reason and judgement to determine the Shari'ah) It subsumes various categories of endeavour such as opinion (ra'y), analogy (qiyas), equity (istihsan), public good (istisah) and so on.
The Qur'an is the direct word of Allah (Ta'ala), and is the first most important source of guidance and rulings. The Sunnah of the Prophet (salAllahu alayhi wasalam) is the second source of guidance and rulings. The sunnah confirmed the rulings of the Qur'an; detailed some of the concepts, laws and practical matters which are briefly stated in the Qur'an.
For a Muslim, all matters, laws and legislation must be according to the Islamic Shariah to be acceptable. The previously mentioned sources of the Shariah must be used in the order they were given. A verdict on any issue is first researched in the holy Qur'an, then the Sunnah of Prophet Muhammad (peace be upon him). If no verdict can be found in these two sources, then the scholars of Islam must look at the issue, research and study it, and come up with a suitable verdict.
Islamic scholars have their own scientific methods that they follow in order to extract a verdict. This science is called usool al fiqh, and is a very large subject that can be studied in hundreds of Islamic books.
Why should Muslim's implement the Islamic Shariah in their lives?
The Islamic Shariah represents the will of Allah (Subhanahu wa Ta'ala) and His messenger Muhammad (peace be upon him). As Muslims, we must go about all matters according to the will of Allah (Subhanahu wa Ta'ala). In the holy Qur'an, Allah (Subhanahu wa Ta'ala) has revealed to humanity many verdicts and solutions to many of the problems faced by us. In order to be a true beleiver in Allah (Subhanahu wa Ta'ala), and in order to worship Allah (Subhanahu wa Ta'ala) only, we must follow the guidance of Allah (Subhanahu wa Ta'ala).
The holy Qur'an also instructs us to follow the messenger of Allah (Subhanahu wa Ta'ala), prophet Muhammad (peace be upon him). There are many ayat to this effect, such as;
"To each among you, we have prescribed a law and a clear way"
5:48
"What the Messenger gives you accept, and what he forbids you avoid"
59:7
"Say: 'If you love Allah follow me"
3:31
Therefore, the will of Allah (Subhanahu wa Ta'ala) is for us to worship Him by following His guidance as revealed in the holy Qur'an and in the Sunnah of prophet Muhammad (peace be upon him).
Finally, there are many issues that are not covered by the holy Qur'an and the Sunnah. However, the Qur'an and the Sunnah provide the necessary guidelines to allow Muslims to come up with proper verdicts for any and all issues. Therefore, when a verdict about a certain issue is not found in the Qur'an or the Sunnah, the scholars of Islam research this issue and come up with the best possible verdict to make the life of Muslims easier and keeping in mind the best interest of the Islamic Ummah.
Therefore, all Muslims should live their lives according to the Islamic Shariah. Muslim nations should strive to implement the Islamic Shariah in all matters. All laws, legislation, trade, politics and all other matters should be conducted according to the Shariah.
Many nations today rely in their so called "constitutions" on foreign systems of law. Many nations where the majority of inhabitants are Muslims derive their law from western systems of law, such as French or British law. This includes all matters including criminal law and even family law!
The Shari'ah is not merely a collection of do's and don'ts, nor just a code of criminal laws prescribing punishments for certain crimes. Though it does contain both, its sweep is much broader and deeper, encompassing the totality of man's life. It is the life-giving path that man, in Islam, must walk as he toils and strives to reach his Creator. It is the yearning deep within to seek the Lord and the Master that the Shari'ah translates into steps, concrete and specific, on the pathways of life. The Shari'ah is the fulfilment of the total man- inner and outer, individual and corporate-as he seeks to live by the will of his one and only God.