اسلامی و مغربی تصور قانون کے اختلافی امور کا تقابلی جائزہ

A comparative analysis of the conflicting issues of Islamic and Western concepts of law

Abstract

The primary sources of Islamic law are the Qur'an and the Sunnah of the Messenger of Allah (peace and blessings of Allah be upon him), while the secondary sources include man-made laws that are created keeping in mind the basic principles established by the Islamic Shari'a. The Islamic concept of law covers both the worldly and the hereafter aspects of man. Legislation is made keeping in mind the beliefs, morals and social needs of the people.The concept of governance under Islamic law, or Siyasah al-Shar'iyah, encompasses the state’s discretionary powers and their execution, outlining the various prerogatives available to the state. In the Islamic penal system, the Hudud (fixed punishments) and the discretionary punishments (Ta’zir) are derived and enforced based on the principles laid down by Islamic Shariah.

In many Western countries, constitutions function as the supreme law of the land. They establish fundamental principles, the structure of government, and individual rights, as seen in the constitutions of the United States, France, and Germany. Western legal systems are primarily based on Roman law, known as "codification," where legal principles are compiled in books to ensure that both the public and judiciary are informed, allowing for fair application of the law. Western law also operates internationally, facilitating trade, tourism, agreements, and social cooperation among countries.

Western laws are grounded in material sources such as legislation, customs, judicial decisions, and public opinion.The rules formed on these bases attain the status of law. Since these sources are purely the creations of human intellect, they can never fully encompass all aspects of life. Hence, these laws lack permanence and consistency, which can only be found in a law crafted by an entity with a comprehensive understanding of life’s entirety, including its visible and invisible aspects and the ability to foresee changing human conditions. This characteristic is unique to Islamic law.