Sharia is a Man made Law

[Humble Pakistani]

Have we every thought why Pakistan is in a state of constant regression. It has been said that Pakistan almost elected, a woman, as its President way back in the fifties, if the elections were not stolen by Ayub Khan. I do not know how much truth there is in this statement; but the fact is that Fatima Jinnah was a practicing dentist and a political leader who played an important role in the independence of Pakistan.


Pakistan has seen and continues to see women play an important role in nation building. Women can be found contributing and excelling in just about every profession in Pakistan. They move step by step with their male counterparts.


Our cricket hero, Shahid Khan Afridi, made a shocking statement during an interview recently. He was simply asked to share his opinion regarding the U19 Women’s Cricket Team. He responded by saying that “Pakistani girls have very good taste in their hands”. Correct me if I am wrong, but to me he was clearly implying that a woman’s place is in the kitchen. This is a “sexist” opinion. Is he free to express his opinion, yes he is, but as a public figure with a large following, he should be very careful of what he says. Am I surprised at Afridi’s statement? No, because it is a reflection of one’s mentality that commonly exists in our society.


Just yesterday I came across a news article from few months ago about a top notch university that has banned girls from wearing jeans. I couldn’t help but scream: Are you serious?


Then comes the news that the council of Islamic Ideology has proclaimed; that ban on underage marriage is un-Islamic. Can you see how ridiculous this sounds? Islam is the most modern of religions. Yet, these so called “scholars” want to drag it back to Stone Age. There are no two opinions about the mentality of these “scholars”.


Let’s not forget that “Sharia” is a “MAN” made law. Men dictate Sharia and expect others to abide. The simple truth is that God has given both men and women equal rights. We must learn to understand and advocate those rights; otherwise, we will be in a constant state of regression.


Source:http://www.pkhope.com/sharia-is-a-man-made-law/

 

[Ali raza babar]

Yes women Have Equal Right , But........... Not the SAME Rights.

God Made Men and women Different to each other. How can the Roles for them be the Same ?

No matter she wears a tie in office , a Women will Still like to Eat Gol Gappay. :P

 

[WatanDost]

Let’s not forget that “Sharia” is a “MAN” made law. Men dictate Sharia and expect others to abide. The simple truth is that God has given both men and women equal rights.


Where it is Written, IN Quran or Hadees ???
Now a Stupid LIBERAL will taught us Rights of Women in Islam?

RIP

 

[A.Ali.T]

Allowing a girl to start having sex at the age of 10 is very liberal in my opinion. This is the only scenario in which our molvis are ahead of time. BTW I am against girls getting married at the age of 10, it is like babies having babies at the age of 11. Can you please tell me where did you get the idea that "sharia" is man made law? I would really love to read your answer.

 

[UsmanSial]

پتہ نہیں لوگوں کو شریعیت نے نام سے اتنی چڑ کیوں ہے۔ ​

 

[karachiwala]

Anyone who can write 2 paragraphs of English will come tell you he understands Islam more than a Moulvi. Why? Because according to him Moulvi cannot read/write English and according to this stupid moron that is all that one needs to understand Islam. What a waste of efforts by the parents when you get the offspring that come up with this kind of mentality.

 

[PAINDO]

http://theislamiclaw.wordpress.com/

 

[ZenoInTheZoo]

The thread starter has intentionally tried to confused the issue. Alternatively, he may have unintentionally vomit his confusion here.

Sharia is not man made, it is God-revealed/given. Period!

Man/woman derives laws from Sharia as per their fallible understanding. Nobody should (and must be allowed to) blame Sharia for the fallibility of a single person. If you are not happy with the interpretation of a single person, then either make efforts to get them replaced or entrust this job of to a committee/large body of learned persons.

 

[ZenoInTheZoo]

Allowing a girl to start having sex at the age of 10 is very liberal in my opinion. This is the only scenario in which our molvis are ahead of time. BTW I am against girls getting married at the age of 10, it is like babies having babies at the age of 11. Can you please tell me where did you get the idea that "sharia" is man made law? I would really love to read your answer.

Not defending molvis here, but just to respond to ur indeirect taunt against Islam, please google 'youngest mother' in different countries and u will get ur answer and will be pleasantly surprised to find they all belong to your beloved western liberal societies/countries.

 

[Cyclops]

How many of pro shariat can give the rishta of their nabaligh daughter to man of twice / thrice of age ? and make accept to make her parent next year ???

پتہ نہیں لوگوں کو شریعیت نے نام سے اتنی چڑ کیوں ہے۔ ​

 

[A.Ali.T]

Not defending molvis here, but just to respond to ur indeirect taunt against Islam, please google 'youngest mother' in different countries and u will get ur answer and will be pleasantly surprised to find they all belong to your beloved western liberal societies/countries.

My friend there is no taunt against islam in my remarks. Making it permisible to get married at the age of 10 is one thing but saying that passing laws for the girls to get married when they are much mature, unislamic is another.

Brother let me ask you one question, girls have to give consent when they get married. Do you think 10 year old girls can give consent in such delicate matter?

 

[Cyclops]

We are not talking slip away cases. But to make people marry girls / boys in adult age. We have still cases of pedophilia how can u stop cases when a nashai sell her 6 8 years daughter for a fix ???

Not defending molvis here, but just to respond to ur indeirect taunt against Islam, please google 'youngest mother' in different countries and u will get ur answer and will be pleasantly surprised to find they all belong to your beloved western liberal societies/countries.

 

[Humble Pakistani]

Why do I believe that sharia is a man-made law? The very fact that we ask “whose Sharia” when we start a discussion on the subject tells us that it cannot be Allah’s law. When we have the Quran which is a complete book to direct our lives (can anyone deny that) why do we need ‘sharia’ to direct us. I will give you an example of one simple law about adultery in the Quran. Chapter 24 (surah An-Noor) talks in detail about this… Allah say that you need four witness to see the act of fornication. He does not say if a woman and a man are coming out of a room together they have committed adultery. You need four witness to see the act. Have we ever thought what Allah is really telling us here? This is what I think HE SWT is saying to the “Believers” that if you commit adultery your punishment is severe. Be HE SWT is also “Rehman and Just” so HE SWT makes the proving of the crime almost impossible, but today by enforcing ‘Sharia’ we Muslims proclaim ourselves judge and thus we see people and mostly “women” being proclaimed the offender and criminal. Allah SWT commands us to ponder over his “Verses in the Quran”. It is a complete code of conduct for all believers. Allah SWT is just and HE SWT has made us all equal but we Muslims like “Bani Israeli” think we are the chosen ones. Get it in your head we are NOT! Allah only like those who are honest, kind and just. “Sharia” can only be Allah’s law if every aspect of “Sharia” is according to Quran. Till that happens it is only a man-made law. Please prove me wrong!

 

[UsmanSial]

How many of pro shariat can give the rishta of their nabaligh daughter to man of twice / thrice of age ? and make accept to make her parent next year ???

میرے بھائی شریعت کب کہتی ہے کہ کم سنی میں شادی کرنا لازم ہے یا ایسا نہ کرنا خلاف از شریعت ہے۔اب یہ طے کرنا کہ مناسب عمر کیا ہونی چاہئے۔ اس کا اختیار پارلیمنٹ کو ہے۔ وہ وقت و حالات کو سامنے رکھ کے فیصلہ کر سکتی ہے۔ رہ گئی بات اسلامی نظریاتی کونسل کہ تو وہ کوئی قانون ساز ادارہ تو نہیں ہے۔ اسکا کوئی فیصلہ شریعت تو نہیں بن جاتا۔ مجھے تو یہ گلہ ہے کہ ان کے کسی کم فہمی پر مبنی فیصلہ کو بنیاد بنا کرشریعت کو کیوںگھسیٹا جاتا ہے۔ یہ ایک انتظامی مسئلہ ہے نہ کہ شرعی مسئلہ۔

​

 

[ZenoInTheZoo]

My friend there is no taunt against islam in my remarks. Making it permisible to get married at the age of 10 is one thing but saying that passing laws for the girls to get married when they are much mature, unislamic is another.

Brother let me ask you one question, girls have to give consent when they get married. Do you think 10 year old girls can give consent in such delicate matter?

Thanks for the clarification.......appreciate it.

Regarding your question, theoretically speaking, there is a concept of Wali in such situations. However, the existence of such an exceptional/isolated event in muslim history does not mean that we should (or allow others to) ridicule our religion or try to convert that event into a law of land. Nowhere in Islamic teachings it is enjoined that girls must marry at such a tender event.

Personally for me these are non-issues in this age and time. The time and life has to go and look forward and social awareness of a time would take care of such issues.

 

[UsmanSial]

اصل سوال یہ نہیں کہ کیاکم عمری میں شادی اسلامی ہے یا غیر اسلامی۔ اصل سوال یہ ہے کہ کیا حکومت عمر کی حد متعین کر سکتی ہے یا نہیں۔ اس سوال پہ بحث ہونی چاہیے۔​

 

[ZenoInTheZoo]

We are not talking slip away cases. But to make people marry girls / boys in adult age. We have still cases of pedophilia how can u stop cases when a nashai sell her 6 8 years daughter for a fix ???

These are social issues and have nothing to do with religion or Islam though people take refuge in Islam for their personal/life's failings.

 

[Ramzan Ali Qureshi]

Shari'ah is the code of law for the Islamic way of life which Allah swt has revealed for mankind and commanded us to follow.The word Shari'ah means a clear straight path or example.
Shari'ah, or Islamic law, is the code of conduct for Muslims and is based on two main sources: The Qur'an and the Sunnah of the Prophet. It aims towards the success and welfare of mankind both in this life and the life after death.
Shari'ah prescribes a complete set of laws for the guidance of mankind so that Good (Ma'ruf) may triumph and Evil (Munkar) disappears from society. It provides a clear and straight path which leads to progress and fulfillment in life and the attainment of Allah's pleasure.
The Qur'an is the main basis of Shari'ah. It states the principles while the sunnah of the Prophet provides the details of their application. For example, the Qur'an says: establish salah, observe sawm, pay zakah, take decisions by consultation, do not earn or spend in wrong ways- but it does not describe how to do these things. It is the sunnah of the Prophet which gives us the details.
The Qur'an is the main book of guidance and the Prophet taught how to follow it. The Prophet not only told us how to follow the guidance, he also practiced it himself.
Shari'ah has rules for every aspect of life. It is complete and perfect, and guarantees us success, welfare and peace in this life on earth and in the life after death.
Man-made laws differ from Shari'ah in a number of significant ways.

Man-made law1. Men make laws when they feel the need; these laws start from a few and then grow in number over the years. 2. Man-made laws are not permanent; they can be changed according to the time and circumstances. For example, in a particular country at a particular time, drinking alcohol may be banned; but this can change when public pressure grows. The American Government once banned alcoholic drink but removed the ban after a time because it could not be applied. 3. Man does not have knowledge of the future. Hence, manmade laws cannot stand the test of time. 4. Man is a created being. His laws are the creation of the created. 5. Man-made laws may be suitable for a particular nation or country. They cannot be universal. 6. Men make laws to suit their own needs. Suppose members of parliament want to decrease the rate of tax on rich, they would do so, even if the majority of the people suffered and there was high unemployment in the country.

Shari'ah or The Creator, Allah's law.1. Islamic Law is complete and perfect and covers all aspects of human life. 2. Shari'ah is permanent for all people all the time. It does not change with time and conditions. For example, drinking alcohol and gambling are not allowed under Islamic law. No-one can change this; it is a law that is valid for all time and for all places. 3. Allah is All-knowing and All-powerful; He is the most Wise and His laws are the best and are complete. 4. Allah swt is the Creator and His laws are for men, His creation. 5. Allah's laws are for all nations, all countries and for all time. They are universal. 6. Allah is above all needs. He is not dependent on anything, so His laws are for the good of all people and not for a few, selfish people.

Shari'ah has two other sources: Ijma' (consensus) and Qiyas (analogy or reasoning on the basis of similar circumstances). These sources must still be based on the Qur'an and the Sunnah.
Ijma', or consensus, applies to a situation where no clear conclusion can be made from the Qur'an and the Sunnah. In this situation the representatives of the people who are well-versed in the Qur'an and the Sunnah will sit together and work out an agreed formula to solve the particular problem. Ijma' developed during the period of the Al- Khulafa'ur-rashidun.
Qiyas means a reference or analogy or a comparison of one thing with a similar one. It is applied in circumstances where guidance from the Qur'an and Sunnah is not directly available. A solution to a problem is reached by a process of deduction from a comparison with similar situations in the past.
Sunnah
The word Sunnah means a system, a path or an example. In Islam it refers to the practice of the Prophet, his life example. It is embodied in the Ahadith (plural of Hadith) which are the Prophet's saying, actions and the actions done with his approval. Ahadith have been very carefully collected and compiled since the death of the Prophet. Six collections of Hadith are regarded as the most authentic. They are:
1. Sahih Al-Bukhari
(Collected and compiled by Muhammad bin Isma'il, known as Imam Bukhari, born 194 AH, died 256 AH).
2. Sahih Muslim
(Muslim bin al-Hajjaj, known as Imam Muslim, born 202 AH, died 257 AH).
3. Sunnah Abu Dawud
(Aulaiman bin Ash'ath, known as Abu Dawud, born 202 AH, died 275 AH).
4. Sunnah Ibn Majah
(Muhammad bin Yazad, born 209 AH, died 273 AH).
5. Jami' At-Tirmidhi
(Muhammad bin 'Isa, date of birth not known died 279 AH).
6. Sunnah An-Nasa'i
(Ahmad bin Shu'aib, born 215 AH, died 303 AH).
In addition to this, the Muwatta' of Imam Malik (born 93 AH, died 179AH), Mishkaat Al-Masabih of Abu Muhammad al-Husain bin Mas'ud (died 516 AH) and Musnad of Ahmad bin Hanbal (born 164 AH, died 241AH) are also well known.
Fiqh
Fiqh is the science of Islamic Law or jurisprudence. It refers to the collection and compilation of Islamic laws based on the Qur'an and the Sunnah of the Prophet. The word Fiqh means knowledge and understanding.
Some great Muslims devoted themselves to the task of developing the science of understanding Islamic law and its practice. The four best-known compilers of Islamic law or Shari'ah are:
1. Abu Hanifah Nu'man bin Thabit, known as Imam Abu Hanifah (born 80AH, died 150AH).
2. Malik bin Anas, known as Imam Malik (93-179AH).
3. Muhammad bin Idris Al-Shafi'i, known as Imam Shafi'i (150-240AH).
4. Ahmad bin Hanbal, known as Imam Ibn Hanbal (164-241 AH).
Islamic law divides human activies into:
1. Fard or Wajib (duty or obligatory)
-performance of these actions is rewarded and their omission is punished.
2. Mandub (recommended)
-actions the performance of which is rewarded but omission of which is not punished.
3. Mubah (silent)
-actions permitted by silence.
4. Makruh (disliked)
-actions disapproved of but not punishable.
5. Haram (forbidden)
-actions punishable by law.
The scholars and experts on Islamic Law have made Shari'ah easier to understand and practice by science of Fiqh. Fiqh is the explanation of the Islamic laws based on the Qur'an and Sunnah.
Islamic law or Shari'ah embodies the ideal Islamic life. Islam is the complete way of life and Shari'ah is the means to arrive at the ideal life recommended by Islam. Shari'ah enables us to bring our life in line with the will of Allah swt. It is the process of achieving our goal of life.
Ref.. Islam Beliefs and Teaching by Ghulam Sarwar

---

Islam and the JudiciaryOne can expect to see some horrendous punishments in a public display, like cutting the hand of the thief, or the execution of murderers. These indeed are terrible sights, and will take place in open areas, leaving a lasting effect on the hearts and minds of the society; for society will witness the intense suffering of the criminal.
So in future anyone even thinking of committing such a crime will think twice. Even those who did not witness the event in future generations will think twice. For in fact such punishments are not meeted out frequently at all, as by their nature they have such a powerful deterrent effect.
Furthermore, it is extremely difficult to cut the hand of the thief, for circumstantial evidence is not sufficient. Thus, the judiciary ensures that there would be no wrongful convictions, which seem more and more to be a sign of our times.
Severe punishments are not the only means to deter crime. Islam tackles the problems from all angles. The economic system secures the needs of people and cuts the want for stealing. The education system, through reminding society of accountability to the Creator, cuts the desire for stealing. So all the systems work in harmony. The reason why regimes like Saudi Arabia and Sudan fail is because they only implement parts of Islam side by side with man-made law, such that they punish by Islam but do not secure the needs by Islam.
Imagine a society where there is a sense of security. There would be no need to turn over your shoulder when walking the streets at night for fear of being assaulted, and no need to buy extra door locks, window locks and letterbox locks for fear of being burgled. This is no fantasy - indeed it was the case for centuries under the Islamic State.
Furthermore, Islam in its judiciary upholds values that are downtrodden in society, for example honor. In Islam accusing someone of adultery is a punishable offense, whereas for newspapers today it is a source of revenue.
Or take as another example the issue of belief. In Islam if any one insults any prophet of Allah swt they are subject to be killed. This may appear harsh. But surely belief is at lest as worthy of protection as property, for on the day of judgement it is the belief that will save us, not our property.
Islam and the Foreign Policy
Islam has its own unique view about foreign policy. The Khilafahs dealings with other states is not on the basis of securing national interests as per Lard Palmerstons dictum. Rather its sole interest is to free man from the slavery to another man, and return human beings to the true purpose for their creation - the worship of our Creator, Sustainer Allah swt.
So the objective of the foreign policy is to spread Islam by invitation (dawah) and Jehad ((strive against (the evil) to abolish idolatry, tyranny and oppression).
Thus, what we would hear on the media about the dealings of the Islamic State would be completely at variance with that of what we hear of the existing Muslim regimes.
Ref. Introduction to the Systems of Islam. Edited by Jalal al-Ansari. Published by Al-Khilafah PO Box 1100. London CR4 2ZR (UK).

 

[Irobot]

Why do I believe that sharia is a man-made law? The very fact that we ask “whose Sharia” when we start a discussion on the subject tells us that it cannot be Allah’s law. When we have the Quran which is a complete book to direct our lives (can anyone deny that) why do we need ‘sharia’ to direct us. I will give you an example of one simple law about adultery in the Quran. Chapter 24 (surah An-Noor) talks in detail about this… Allah say that you need four witness to see the act of fornication. He does not say if a woman and a man are coming out of a room together they have committed adultery. You need four witness to see the act. Have we ever thought what Allah is really telling us here? This is what I think HE SWT is saying to the “Believers” that if you commit adultery your punishment is severe. Be HE SWT is also “Rehman and Just” so HE SWT makes the proving of the crime almost impossible, but today by enforcing ‘Sharia’ we Muslims proclaim ourselves judge and thus we see people and mostly “women” being proclaimed the offender and criminal. Allah SWT commands us to ponder over his “Verses in the Quran”. It is a complete code of conduct for all believers. Allah SWT is just and HE SWT has made us all equal but we Muslims like “Bani Israeli” think we are the chosen ones. Get it in your head we are NOT! Allah only like those who are honest, kind and just. “Sharia” can only be Allah’s law if every aspect of “Sharia” is according to Quran. Till that happens it is only a man-made law. Please prove me wrong!

What do u want to prove here.
Quran says you should have 4 witnesses. This is sharia. What else is it.
Did any one says against it? Did any molvi say that only seeing girl and boy coming out of room makes them adultree.


U all seculars dont have any problem when underage kids have sex with 10 different parteners till they reach 18 but have problem if they are married. U even support to make such laws where having sex out of wedlocks should not be a crime.

Islam does not give a definate age to marry girl or boy but says it should be done as soon as possible so kids dont do zinna.
Islam does not force u to marry your girls to older men its local cultural thing.

 

[Irobot]

How many of pro shariat can give the rishta of their nabaligh daughter to man of twice / thrice of age ? and make accept to make her parent next year ???

Stupid always remains stupid.
Nabalig girl and becoming parent.

now! does shariat ask you or force you to marry your girl to older man.
Shariat is so strict that you cant marry your girl without her concent. If she says no than you cant marry her.
Now dont say that father and mother put pressure on her that is not alowed is islam and its not sharia then.

As i said before u seculars will have no problem if your girls make boyfriends and have sex underage.
Infact she can have many different parteners till 18. And u will happly let her have kids also before 18 years age from a boyfriend but will not let her marry that boyfriend.
For u seculars having sex with even 10 boys is ok as long as they dont get married.

So problem is not sharia problem is you support adultery.