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REGENT BUSINESS SCHOOL

REGENT BUSINESS SCHOOL. ISLAMIC FINANCE AND LAW 2011. REGENT BUSINESS SCHOOL. MODULE : 1 INTRODUCTION TO PRINCIPLES OF ISLAMIC LAW. PRESENTATION BY: ADV. M.A. VAHED 2011. DIFFERENCES BETWEEN WESTERN LAW AND SHARI’AH. 1. DIVINE LAW AND MAN-MADE LAW.

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REGENT BUSINESS SCHOOL

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  1. REGENT BUSINESS SCHOOL ISLAMIC FINANCE AND LAW 2011

  2. REGENT BUSINESS SCHOOL MODULE : 1 INTRODUCTION TO PRINCIPLES OF ISLAMIC LAW PRESENTATION BY: ADV. M.A. VAHED 2011

  3. DIFFERENCES BETWEEN WESTERN LAW AND SHARI’AH

  4. 1. DIVINE LAW AND MAN-MADE LAW Some laws are found in the Quran and Sunnah while others are determined by the body in authority. The source of Shari’ah is Allah (SWA) while the source of Western Law is man.

  5. 1. DIVINE LAW AND MAN-MADE LAW “O you who believe! Make not unlawful the Taiyibaat which Allah (SWA) has made lawful to you, and transgress not. Verily, Allah (SWA) does not like the transgressors.”(Al Ma’idah : 87) But the body in authority must legislate within the Shari’ah

  6. 1. DIVINE LAW AND MAN-MADE LAW In Surah At-Tahrim:1 Allah (SWA) says: “O Prophet! Why do you ban (for yourself) that which Allah (SWA) has made lawful to you, seeking to please your wives? And Allah is Oft-Forgiving, Most Merciful.”

  7. 2. MORALITY Shari’ah regards immoral acts as culpable while Western Law generally ignores morality. Thus adultery, fornication, homosexuality, consuming liquor is punishable in Islam while not necessarily so in Western Law.

  8. The celebrated English Judge, Lord Denning wrote: “In primitive societies the influence of religion on law was obvious, but it is not so obvious in modern societies. In primitive communities religion, morals and law were indistinguishably mixed together. …although religion, law and morals can be separated they are still very much dependent on each other. Without religion there can be no morality, and without morality there can be no law.” (The Changing Law 1953)

  9. 3. GUIDANCE FOR THIS WORLD AND THE NEXT Shari’ah guides mankind to the path of peace in this world and bliss in the Hereafter, Western Law is concerned with this world only.

  10. 4. TEMPORARY AND EVERLASTING Western Law is meant for a particular people, in a particular place and catering for the needs of a particular period. As society changes so do their laws. For e.g. death penalty in S.A. Shari’ah is meant for all times.

  11. 5. IMPERFECT AND PERFECT LAW Human laws which are the product of reason are imperfect and conflicting. Man, with his limited faculties does not know what is good for him and for society. Allah’s (SWA’s) law is perfect.

  12. 5. IMPERFECT AND PERFECT LAW “And it may be that you dislike a thing which is good for you and that you like a thing which is bad for you. Allah knows but you do not know.” And in Al-Mulk:14 “Should not He, Who has created, know (His creation)? And He is All-penetrating, Well-acquainted with everything.” For Allah (SWA) says in SuraAl-Baqarah:216

  13. ARE THERE ANY QUESTIONS?

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