The discussion on the proofs and evidences in the Shariah
Many, many thanks and appreciations are expressed unto Allaah Ta`ala that He has made us amongst mankind. After having created us amongst mankind, He has further endowed us with the blessing of being Muslims. Further to this, He has granted us the everlasting favour of being amongst the Ummat of the Greatest of all creation, Hadhrat Muhammad Mustafa ρ. If we ever contemplate expressing our Shukr (gratefulness) for the innumerable bounties bestowed upon us by Allaah Rabbul Izzat, then not only will this be impossible, it is something beyond our capabilities. In fact, we are truly unable to even count the favours bestowed upon us. Allaah Ta`ala states in the Qur`aan Majeed,
“If you (try to) count the blessings of Allaah (bestowed upon you o man!), you will never be able to enumerate them.”
The Qur`aan Kareem is an everlasting statute, fully encompassing way of life and a complete guide for practice
The Ulama of Jurisprudence have stated four sources of principle, proof and evidences in the Shariah: The Qur`aan Majeed, Sunnat, Ijma and Qiyaas. In fact, Ijma and Qiyaas are directly related to and derived from the Qur`aan Majeed and Sunnat.
Insofar as the principles for the guidance of this universe are concerned, there are two parts. The first part comprises an all-encompassing principle, that which is immutable, unchanging, which has obligatory laws and practices, which is free from the contamination of man, whose words are protected, and which is an everlasting source of guidance for all creation. The name of this fountainhead and source of guidance is -- Wahi Matloo or the Qur`aan Majeed.
The true Math-hab or Deen (religion) is that one whose basis and foundation stems from truth. It is that whereby a differentiation can be made between good and evil beliefs, actions and character. It is also that whereby internal and external reformation can be effected thereby saving one from the punishment. It is that whose principles, together with being definitive are so complete and concise that they suffice for all worldly and Deeni needs. Allaah Ta`ala, The Creator of Fitrat (inherent qualities) has kept the foundation and basis of Islaam on Fitrat. Regarding this, Allaah Ta`ala mentions in the Qur`aan Majeed:
The true Deen (religion) is that one which operates on a definitive path chalked out by Allaah Ta`ala, and every true and proper Fitrat bows its head in acceptance to it. It is not something which is formulated (by man) and man has no intervention therein. A trait of a false and incorrect religion is that its basis is the results of whims, fancies and opinions. It has no truck or relation with Fitrat. It projects outer façade of attraction, whereas it is devoid of guidance.
Who occupies the mantle of formulating laws and what are its qualifications?
In proportion to how much knowledge a person has with regard to the future, to that level will he be in a position to make the most correct and applicable laws and constitution. Insofar as the means, experience, Qiyaas, hawaas (sensory perceptions), etc. of man attaining the knowledge of the future, is limited, incomplete and deficient. This is the reason why man will never be able to effectively formulate and prescribe laws and rules (whereby to live properly). Man’s weak efforts in this regard, where governments etc. are formulating constitutions and the like, need to be altered ever so often to accommodate many things, and it needs constant patching. This fact is being witnessed all the time, and will be until the Day of Qiyaamah. The formulation of every set of laws and constitution has some or other motive. The lawmaker, if he has any compassion and feelings for the subjects, who are going to follow this law, and if he is their true benefactor and places their needs before his own, then he has to formulate such laws, whereby the adherents will be benefited. In order to achieve such a feat, how much of reflection and research will have to be made! Only such a person will be able to formulate such laws which are beneficial and not in need of changing, who encompasses perfect knowledge and is most knowledgeable. He must be a genuine benefactor and merciful, who is free from any motive and not in need of anything. It is apparent that besides the Creator of the creation none other has this complete and total knowledge. None is more merciful than Ar-Rahmaan and it is no hidden matter that none is more independent than As-Samad.
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