5 DIFFERENCES OF ISLAMIC LAW AND MAN-MADE MAN-MADE LAW The differences differences of Islamic Islamic law (Sharia) and man-made man-made law are huge as can be viewed in many aspects since Islamic legislation is made and legislated by Allah The Almighty One whereas man-made law is made by human.
precedence and powers of The first difference difference of of both both laws laws is their precedence enforcement . Since ! centuries ago" Islamic law was prioriti#ed by covenants" declarations and international agreements which depicts the importance of it. As prove" there were repetitions of some of the tenants of Islamic law that were mentioned in the $niversal %eclaration of &uman 'ights" all the following international agreements and the $nited ation harter.
*ased on the Islamic view" human human rights are inbuilt" incapable of being alienated" unchangeable unchangeable and unable to be suspended suspended by anybody as they are bound and ordained by the reator" Allah (S+T). Their self-immunity is irremovable" neither by a human being nor by the society represented by its establishment no matter how powerful they are. As for the legal value of the $niversal %eclaration of &uman 'ights" it is merely a non-compulsory non-compulsory declaration issued by the $nited ations. As can be observed" human human rights rights in man-made covenants are recommendations recommendations and moral rulings. &owever" they are an obligation guaranteed by authorities in Islam. $nli,e the international covenants that deem them as personal rights that cannot be imposed unless the rightful person gives up" the Islamic systems public authority can impose this obligation.
*esides" the Islamic law and man-made law also differ in terms of rectitude trut! and "ustice . To avoid possibility of mista,es" oppression and unfairness in the legislation or to the submission to any inclination or personal desires when drafting any law" Islamic law relates with rectitude" truth and ustice. Allah says/ 0And the +ord of your 1ord has been fulfilled in truth and in ustice. one can change &is +ords. And &e is the All-&earer" the All-2nower.3(alAnaam/4) Almighty Allah is ,nowledgeable of every matter" both e5ternally and internally" and &e ,nows of the affairs of &is people. Only commands that lead to peoples well-being are given and &e forbids only those that are harmful to &is people. In another point of view" man-made laws" are inclined to errors" mista,es" and omissions" and they follow the desire of man,ind. &ence" they are imperfect because of mista,es" and are always being abolished" modified and altered. Allah says/ 0&ad it been from other than Allah" they would surely have found therein many a contradiction3 (An-is6/78)
The differences of Islamic law and man-made law also includes a#reement and suita$i%it&' As the 1egislator is Allah the Almighty One &imself" Islamic law is suitable for any nation or any people regardless of their natures" habitats" races and languages. It is a sacred law made by &im for people to ,now the rights and wrongs. &e does not succumb to any whims or desires thus ma,ing what rules &e made to be helpful to human beings as &e also ,nows what was and will come to be of human beings. According to Allah/ 0So" set you (O 9uhammad :sal-All6hu ;alayhi wa sallam<) your face towards the religion (of pure Isl6mic 9onotheism) &an=f (worship none but All6h Alone). All6hs >itrah (i.e. All6hs Isl6mic 9onotheism) with which &e has created man,ind. o change let there be in 2hal?-ill6h (i.e. the religion of All6h @ Isl6mic 9onotheism)" that is the straight
religion" but most of men ,now not. (Tafsir At-Tabar=)3(Ar'Bm/CD). >or man-made laws" no matter how good and well-legislated it is" it will not be free from imperfection because it is created by human beings" thus it lac,s greatly when compared with Islamic law. 9an,ind may ,now what happens today or tonight but never of tomorrow as only the Supreme One ,nows of it all. 9an,ind may ,now of the natures of certain human beings but not all. This also becomes one of the wea,nesses of man-made law which ma,es it unable to suit all natures or environments. These laws may only be applicable to a certain e5tend.
9oreover" dept! and inc%usi(eness is also one of the differences of Islamic law and man-made law. &uman rights in Islam is deeper and more inclusive than they are in the man-made documents as the Islamic law sources are from the *oo, of Allah (S+T) and The Sunnah of 9essenger (E*$&). On the other hand" international laws and covenants are sourced from the human intellect which may contain errors as humans do mista,es. &umans are influenced by the characteristics that are their nature such as wea,ness" failing to perceive many things" while Allah the Almighty (S+T) is the AllEerceiver. Islamic rights are inviolable as they are considered affirm" receiving the support by duties and preserved by hudud to the e5tend that it is sacred. If loo,ed from the perspective of rights" Islam with its two sources" the Furan and the Sunnah already shows all types of rights endowed by Allah (S+T) to &is people if compared with human covenants that only refer to some of the rights.
>urthermore" Islamic law differ from man-made law in the aspect of t!e !uman nature of man. +hile man-made law is laid down through the ideas of man" Islamic law was created by Allah Almighty for &is creation to suit their nature. &e ,nows what is best for human beings since &e is their reator. 9an-made laws instead" are made by man,ind based on the wishes of he who ma,es them and according to his temperament" interest and environment.
