Historians of culture have tried investigate deeply into the origins of customs, the family, language, art and host of other social products but failed to do so, Law being and expression of society’s needs and interest develops or rather, come into have certain needs or interest. Obviously, needs and interest seem to underlie every rule of law. When a norm is followed for some time regularly, it becomes custom, and repeated for some time regularly, it becomes custom, and repeated activity of custom later on may harden into law.
Jawitsch expressed that “regularization and order are a form of the social consolidation of a given mode of production and of its relative emancipation from pure chance and arbitrariness. When this form existed for some time it is consolidated as custom and tradition and finally sanctioned as juristic law.This fact was reaffirmed by Malinowski by saying that “law in a primitive society arose from the needs of the people. The idea is expressed that when certain people live together a certain pattern of behaviour must result. Men have got to satisfy their physical, biological and social needs and therefore they must seek cooperation of other men living in the community. Thus everyone’s conduct is conditioned by a collectively or group itself.
In other words, law grew organically with the society, there was no conscious effort to make law and there was no lawgiver in the modern sense, for that matter. However, in the beginning, law was not a subject matter of thought because its foundation is to be found in the fact of collective living. Collective living implied that men must maintain some order and must follow pattern of behaviour. This pattern at the beginning was not recognized and unappreciated by the primitive man. That’s why there was no special agency to adjudicate dispute arose in the primitive society. Therefore, they appointed some chiefs, religious leader to play the role as a judge. Thus law started gathering momentum.
However, as we all know, there is no other law that more comprehensive than the Shariah itself.Shariah (“way" or "path") is the sacred law of Islam. Most Muslims believe Shariah is derived from two primary sources of Islamic law: the divine revelations set forth in the Qur'an, and the example set by the Islamic Prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of Shariah to questions not directly addressed in the primary sources by including secondary sources.
The term of law plays one part in the society’s normative system that regulates and influences human behavior. Moral and social rules also play a significant role in the society .Since the early period of prophethood , the level of morality already been established under the guidance of Islam.Islam and Shariah not only succeed to fulfilled the human rights, but all Allah’s creation. For example, the trees, and the animals, that it cannot be destroy pointlessly.“No doubt, surely, all that is in the heavens and the earth belongs to Allah. No doubt, surely, Allah's Promise is true. But most of them know not.”(10:55)
Based on a Mutawatir tradition upon whose authenticity all Muslims agree, the Messenger of Allah (AS) informed his followers in several occasions that he would leave them two precious or weighty things and that if Muslims adhere to both of them, they will never go astray after him. They are the Book of Allah (Quran) and the Members of the House of the Prophet (Ahlul-Bayt), peace be upon them all.If thou bring them not a revelation, they say: "Why hast thou not got it together?" Say: "I but follow what is revealed to me from my Lord: this is (nothing but) lights from your Lord, and Guidance, and mercy, for any who have faith." (7:203)
In addition,Islam is necessarily a religion of moral, which centers on basic beliefs and principles. Its aim is on truth and virtue. Islam deals with relationship between man and god, man and his fellow man, man and his innermost self. Everyone must respect legitimate rights of others as much as he does his own. Moral reform occupies a place of highest importance in the aim of sanctifying because moral is such an integral part of Islam. Moral thought underlies almost all the passages in the Quran & Assunah and is repeatedly stressed in the various context in the Holy Book as stated by Roubern Levy “The morality chief of hedonism is an integral of practical chord designs to instruct the true believer concerning the path he must follows to win with the approval of Allah and reward paradise”.
In Islam, morality overlays the law.It means all laws are considered as moral law.Islam upgrades the individual behaviour and develops moral consicousness.By and large, the laws by Shariah are designed to enforce these moral imperatives,which is necessary for the preservative of the society and welfare of individual.The Shariah not only praise good and codemn evil behaviour but also prescribe rewards and sactions both spiritual and material.Islam as based on the belief in Divine revelation. Its laws and morality are thus based commandments, As good and evil are not determined the self to the nature of things but by the Divine Will.The quran lays down completed comprehensive code of moral laws,which transcend all limitation of time.That Allah may reward them according to the best of their deeds, and add even more for them out of His Grace: for Allah doth provide for those whom He will, without measure. (24:38).
In conclusion, I strongly believes that moral & laws cannot be created by human mind, they can only recognized it, Hence in His infinite mercy and wisdom Allah did not leave man groping in the dark or lost in speculation about anything. The Holy Quran lays down a complete and comprehensive cord of laws, These moral & law are self sufficient to guide man from the cradle to the grave.
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