ISLAMIC LAW
FROM HISTORICAL FOUNDATIONS TO CONTEMPORARY PRACTICE
BY MAWIL IZZI DIEN
Islam was born in Arabia some 1,400 years ago, at a time when society comprised simple, spontaneous, nomadic peoples who provided the human element for the monotheistic creed. Consequently, as the legislative and ethical stipulations of Islam, the shari'a was trained like a vine to fit the needs and divergences of such social structures; the modest nature of this continued during all the periods from the Prophet's life up to the tragic end of the last orthodox caliph, Ali (d. 40/660). The Islamic legal forms were structed on the notion of public interest, maslaha, which aimed to minimise the hardship, far' al-haraj, of desert life. The era of the Prophet was on eo revelation, wherein was iniatied a legal tidal wave that maintained its momentum for many centuries.
The legal essence of Islam was embedded in the revelation, as represented by the Qur'an and the guidelines of the Prophet. The distinctive features of early Islamic law were inherent in the fresh legal instructions, forenis doctrina, which had been given directly by God. Even the prophetic individual opinion was based on the revelation of God's words, wahi. The flavour of this divine revelation did in fact differ from one location to another, thus creating a variation in approach between the towns of Mecca and Medina. This was due not only to diverse geographical factors but also to the changing circumstances of the new faith. During the thirteen years that Muhammad spent in Mecca, the essence of the Qur'an and its instructions were focused on doctrine and ethics, with little reference to the practical element of human need. The duration of the Prophet's life was undoubtedly the most central period in the history of Islamic jurisprudence, being the only time of divine revelation.
Islamic law entered a new phase subsequent to the Prophet's flight to Yathrib, when an Islamic state was established. This heralded an era wherein the practicaltities of legislation had to be addressed. The new Islamic state required legal answers for all its perplexities, with regard not only to practical cases such as family, crimes, holy war and inheritance but also to matters relevant to ritual and worship. It is interesting to observe the embryonic stage of legislation during thie period, which was conceived to accommodate evolving human needs and to institute unprecedented legislative principles for the future of an Islamic religious society. The implementation of practical legislation often occurred as a response to direct questions that Muslims would ask the Prophet.
