Brilio.net - Islamic law, or known as sharia, is a legal system that originates from the teachings of the Islamic religion. Unlike the secular legal system created by humans, Islamic law is believed by its adherents to be a law that originates from the revelation of Allah SWT. However, even though it originates from revelation, Islamic law is not rigid or closed to the development of the times. On the contrary, Islamic law has general principles that allow it to remain relevant and applicable in various contexts and times.
These general principles of Islamic law serve as the basis for interpreting and applying Islamic law in everyday life. These principles reflect universal values that uphold justice, wisdom, and the welfare of humanity. By understanding these principles, we can see that Islamic law is not only about rules and prohibitions, but more than that, it is a comprehensive system that aims to create a just, prosperous, and harmonious society.
Understanding these seven general principles of Islamic law gives us insight into how comprehensive and flexible the Islamic legal system is. These principles not only form the basis for the formulation and application of Islamic law, but also reflect universal values that are relevant to modern life.
Tawhid as the first principle reminds us that all aspects of life, including law, must be centered on devotion to Allah. This provides a spiritual dimension to the application of law, which is often absent in secular legal systems.
There are still many other principles that you need to know to understand the legal basis of Islam. Brilio.net summarizes from various sources, here is the complete review, Thursday (5/9).
principles of Islamic law and their explanations
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1. Tawhid (oneness of Allah).
The principle of monotheism is the main foundation of Islamic law. This principle affirms that Allah is the only God who deserves to be worshipped and the source of all laws. Monotheism is the basis of all aspects of a Muslim's life, including the application of law.
Example:
- In Islamic marriage law, couples are required to recite the marriage contract mentioning the name of Allah, indicating that marriage is not only a social contract, but also an act of worship to Allah.
- In Islamic economic law, the prohibition of usury is based on the principle of monotheism, where only Allah has the right to determine the value of money and time.
2. Justice ('Is).
Justice is a fundamental principle in Islamic law. Islam emphasizes the importance of being fair in all aspects of life, both in personal and social matters.
Example:
- In Islamic inheritance law, the distribution of inheritance is regulated in such a way as to ensure justice for all heirs, taking into account their respective financial responsibilities.
- In Islamic criminal law, the principle of qisas (equitable punishment) is applied to ensure justice, but also provides room for forgiveness and reconciliation.
3. Public interest (maslahah).
The principle of benefit emphasizes that Islamic law aims to realize good and prevent evil. Every law must consider its benefits and harms for society.
Example:
- The prohibition on consuming alcohol in Islam is based on the principle of welfare, because alcohol can harm health and damage social order.
- The permissibility of performing tayammum (purification with dust) when there is no water, shows the flexibility of Islamic law for the benefit of its adherents.
4. Freedom and responsibility (Al-Hurriyah wal Mas'uliyyah).
Islam recognizes individual freedom, but this freedom must be balanced with responsibility. Everyone is free to choose their actions, but must be prepared to be responsible for those choices.
Example:
- Freedom of religion is guaranteed in Islam, as stated in the Koran "There is no compulsion in religion" (QS. Al-Baqarah: 256).
- In muamalah law (transactions), the parties to the transaction are given the freedom to determine the terms and conditions, as long as they do not violate sharia principles.
5. Equality (Al-Musawah).
Islam affirms the equality of all human beings before God and the law. There is no discrimination based on race, color, or social status.
Example:
- In the Hajj, all pilgrims wear the same ihram clothing, showing the equality of all humans before Allah.
- In the Islamic judicial system, a judge must treat all parties equally, regardless of social or economic status.
6. Commanding what is good and forbidding what is evil.
This principle emphasizes the obligation to invite to good and forbid evil. This is the basis for the Islamic legal system in promoting moral and ethical values in society.
Example:
- The obligation of zakat in Islam is not only as worship, but also as a mechanism to prevent economic disparities in society.
- Islamic law regulates the etiquette of dressing and behaving in public places to maintain decency and prevent slander.
7. Tolerance (Tasamuh).
Islam teaches tolerance towards differences, both in the internal context of Muslims and in relations with followers of other religions.
Example:
- In Islamic history, the Medina Charter is an example of how Islam regulates pluralistic social life with the principle of tolerance.
- In Islamic jurisprudence, the existence of differences of opinion (ikhtilaf) among scholars is considered a blessing, showing flexibility and tolerance in the understanding of Islamic law.