Islamic Law

The two foundational and interlocking pillars of Islam are grounded in one book and one life: the Holy Quran and the life of Prophet Muhammad. The Quran serves as the divine scripture, while the Prophet’s life constitutes the Sunnah—comprising his behaviors, practices, sayings, and values. Together, these sources establish the Shariah, or the 'path,' for Muslims.

The fundamental objective of Islamic Law is to promote the well-being of the people. Imam al-Ghazali classified these objectives into five major categories: the preservation of (1) faith (din), (2) life (nafs), (3) intellect ('aql), (4) lineage (nasl), and (5) wealth (mal).

Jasser Auda, a Professor of Islamic Law, distinguishes between the various meanings of the term Islamic Law. (1) Shari'ah: The revelation that Muhammad (SAAS) had received and made practicing it the message and mission of his life, i.e., the Qur'an and the Prophetic tradition. (2) Fiqh: The huge collection of juridical opinions that were given by various jurist from various schools of thought in regards to the application of the shari'ah to their various real life situations i.e., (a) The Sunni's schools of Shafi'i, Maliki, Hanafi, Hanbali, (b) The Shia's schools of Ja'fari, Zaydi, (c) The school of Ibadi's, and others.

The importance of differentiating is clear: practically, blurring the line between fiqh and shari'ah gives way to claims of 'divinity' and 'sanctity' in human juridical ijtihad. Historically, these claims have resulted in two serious phenomena: (a) mutual accusations of heresy and (b) resistance to the renewal of Islamic law. These claims continue to breed ideologies of violence and intolerance, suppressing freedoms and a culture of co-existence in our present time. Furthermore, resistance to renewal in Islamic law have continued to intensify as the circle of the 'sanctified'—and hence 'unchangeable'—has widened throughout the centuries.

After shari'ah and fiqh, there is (3) Fatwa. It is the application of shari'ah or fiqh to the realities of Muslim life today. It is important to note that while some fatwas are true manifestations of Islam and its moral values, others may be incorrect, depending on how they were issued.

This recalls the words of Ibn al-Qayyim (d. 1347 CE): Islamic Law is based on wisdom and achieving people's welfare in this life and the afterlife. Islamic Law is entirely justice, mercy, wisdom, and good. Thus, any ruling that replaces justice with injustice, mercy with its opposite, common good with mischief, or wisdom with nonsense, is a ruling that does not belong to Islamic Law, even if it is claimed to be so.

Maqasid Al-Shari'ah is defined as a dynamic philosophy of Islamic law utilized through a systems-based approach. This perspective argues for a paradigmatic shift from the classical focus on "preservation" (hifz)—which implies maintaining the status quo—to a modern framework of "human development" (tanmiyah) and rights. In this view, the objectives of Shariah are re-conceptualized to address contemporary challenges; for instance, "preservation of religion" becomes "freedom of belief," and "preservation of life" evolves into the protection of "human dignity." Ultimately, this framework defines Maqasid as the cognitive bridge between the text and the modern context, ensuring that rulings serve the higher moral intents of justice, magnanimity, and the public interest.