Jurisprudence & general issues
Miraculous Shari‘a, Rather than Powerless Laws
by Mohamed Wafik Zain al-Abedin (Dr.), Ref'at Al-Awadi (Dr.), Abdullah Al-Musleh (Dr.), Kawthar Al-Abji (Dr.), Mohsen Fadly (Judge)
The law of any nation is the mirror of its material, intellectual and social conditions. if it is true that the law is the source of happiness and revival of every society, as the philosophers of law say, then it will not be so unless it fulfills their cultural, intellectual and material requirements and aspirations that are dictated by the nature of their religious and social environment, rather it will be a pity on them, and it will be a source of their misery and suffering, not their happiness and revival, for correct legislation is the result of the nation’s spirit and the result of its traditions and customs, since everyone is captive to his religious and social values and principles. The most important results of reality and its implications is the invalidity of the human mind while it is a source of legislation. History proves to us day after day that the structure of the mind is weak and frail that it is easy to be deceived, decepted and cheated, as it is possible to provide a group of minds with flawed false information, or to seduce them with corrupted and perverted delusions, so they easily make massive errors, and are driven to the apparent astray without the slightest concern!! Indeed, reality has proven that minds, when grouped, may be unable to search the tools, methods, attributes, phenomena of incidents, people's bodies and their appearances. While these minds have shown their ingenuity in dealing with the quantity of events, they have shown, on the other hand, an unlimited helplessness in dealing with their quality. While it is supposed that they use rational, logical thinking when they cooperate with each other, but rather they slipped in the abyss and pits of emotional, sentimental and imaginative delusional thinking without the slightest wisdom or insight. Reality has proven beyond a reasonable doubt that the application of man-made laws was and still the most important reason for the spread of crime and the increase in its rates and diversity in a way that did not exist at the time of our ancestors, and that these laws did not fulfill their role in fulfilling the requirements of litigants, resolving their arguments, and settling their disputes. They have neither become a deterrence, nor have they completed cases, nor have they restored the rights to their owners. Rather, the so many loopholes in them have led to stubbornness in litigation, procrastination in procedures, frequent appeals, abstention from fulfilling rights and duties, increased oppression and aggression, the prevalence of poverty, misery and deprivation, stirring up chaos and barbarism, And spread the spirit of revenge and vengeance among the litigants. The validity of any legislation is decided on the basis of the validity of its values and principles and its consistency with reality. Rational legislative policy must depend on elements that are homogeneous with the environment that controls it. If it is based on elements that are in conflict with it, the link between the texts and their goals is lost so that they do not lead to achieve the intended purpose, as any legislative organization is not intended in itself, rather it is merely a means to achieve its goals related to controlling life and happiness of people, and in this framework the merits of Sharia emerge it is are from the Creator who is more knowledgeable about the conditions of his servants, and who knows what is in their goodness and what is the consequence of their affairs, and it is distinguished from the man made law as it has features and characteristics that make it more worthy to follow and more appropriate to apply, as its enactment is not controlled by opinions, and whims does not mess with its destination. Nothing more revealing that than man made law's contradiction and inconsistency, for those who sanctify the law and defend it, do not sanctify one thing and do not defend one thing, as the law is multiple in its totalities as well as its parts, it's even contradictory in its totalities as well as its parts, so what law do they call peoples to respect and sanctify? The law that permits homosexuals' marriage or the law that prohibits it? The law that permits divorce between spouses, the law that restricts it, or the law that prevents it? The law that permits adoption, the law that restricts it, or the law that prevents it? The law that gives the testator the hand in choosing who he bequeaths - even if it is a dog - or is it the law that limits and restricts his authority? The law that uses the death penalty, or the law that restricts its images and situations, or the law that absolutely prohibits its use? The law that allows drinking alcohol, the law that restricts it, or the law that prohibits it? The law that brings taxes and fees to a third, a quarter, or a tenth? The law that approves granting those subject to interest on their money and deposits in return for safekeeping them, or the law that deducted from them in return for safekeeping them? Thus tens and hundreds of conflicting and contradictory examples of laws, all of which are established by their authors, sometimes by mind and sometimes by experience. We do not have a single law that can be respected or defended, but we are in front of tens and hundreds of different laws according to different systems of multiple countries, rather there is hardly a single human act in which all systems agree on a common punishment for in addition to its criminalization, and this in itself violates the idea of the law and its necessity.
