Relationship of Divine Law with Human Intellect Allah and the messenger whether the demand made by them conforms to the desires of the individual or not. Natural law theories are theories about the relation between Divine Law versus Human Law Sophocles' famous play, Antigone, can be. Free Essay: Divine Law versus Human Law Sophocles' famous play, Antigone, can be Natural law theories are theories about the relation between.
Divine Revelation in the form of messages of the prophets sws is that very guidance. The Qur'an and Sunnah constitute the final version of that guidance. The Qur'an has described this relationship between Divine Revelation and human intellect as light upon light Qur'an Thus a brighter light the Divine Revelation shows the way to a dimmer one human intellect.
Systems in Islamic Law If an economic system is defined as 'the sum total of institutions and patterns of behaviour that organise economic activity in society', then no such system can be claimed to be found in the original sources of Islamic law. Islam has not specified detailed procedures. In fact, the Shari'ah has laid down only the essential elements of a basic strategy and detailed policy measures have been left to be evolved by the collectivity in the light of its peculiar circumstances.
It would have been highly unworkable for a message to outline minute details of the working of a system to be followed for all times to come. Because of the evolutionary nature of human societies, any such effort would have been met with stiff resistance from forces of change soon after its introduction. Thus, it has been rightly observed that the original sources of Islamic law did not 'expressly provide solutions for all the legal problems inherent in the organisation of a society'.
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It is, therefore, surprising that some authors insist on using the expression 'system' to describe Islam's guidance on various aspects of human collectivity. In fact, there can be different systems in different times and places, each rightfully claiming to be called Islamic if found not to be in conflict with the teachings of Islam.
The legal injunctions on various issues contained in these sources are meant to achieve certain objectives which are the real spirit of the law. These objectives are in some cases clearly set forth, while in others these are implied. Muslims are expected to follow the law both in letter and in spirit. A situation whereby they are following the letter of the Islamic law in disregard to its spirit cannot be regarded as desirable at all.
The Qur'an, for instance, has directed its followers to perform formal prayers Salah on many occasions. It has also clarified that one of the purposes of performing Salah is to remember Allah.
Relationship of Divine Law with Human Intellect
If a Muslim community strictly observes all the rituals of salat, but ignores its real purpose, it will be guilty of ignoring its spirit despite going through the formal motions. The same observation holds true for all injunctions in the Qur'an and Sunnah. Another example is regarding the prohibition of interest Riba. It is clear from the Qur'an that all interest-ridden transactions have been forbidden and that trading based on the basis of profit and loss sharing is permitted because, while the former is unfair, the latter is, in principle, fair.
If on the basis of the Qur'anic permission, some Muslim traders start exploiting the financially weak by entering into profit and loss agreements with them which are grossly unfavourable to the latter, the arrangement would still be considered Islamically unacceptable, despite its apparent legitimacy. The Spirit of Law and Hiyal The Qur'an criticises the behaviour of some of the people of the Book and says that the arrival of Jesus, may Allah be pleased with him, was meant, in the Divine Scheme, to instil the real spirit of the law among the Jews who had reduced Torah to a 'collection of life-less injunctions and spirit-less rituals'.
The Qur'an mentions the behaviour of a Jewish community who lived by the seaside.
- Relationship of Divine Law with Human Intellect
They were required to honour the restrictions of Sabbath by not getting involved in any worldly engagements. It so used to happen that while 'on the day of their Sabbath their fish did come to them, openly holding up their heads, but on the day they had no Sabbath, they come not'.
It was too tempting a trial for some of them. However, in order to preserve the apparent sanctity of Sabbath and yet achieve their objective, some of them contrived a clever strategy of preventing the fish from disappearing on Saturday, so that on Sunday, the day following the Sabbath day, they could catch them.
Despite their lame attempt to preserve the apparent form of the law of Sabbath, however, they were condemned to punishment because the spirit of the law -- to stay away from all worldly dealings on Saturdays in order to worship God -- was totally lost. They were required by their religious traditions to honour the sanctity of four months by enforcing complete seizure to active hostilities against each other. The requirement was meant to enable pilgrims to visit the House of Allah in Mecca from all over Arabia.
However, since the calendar was based on the lunar calculation, it necessitated the shifting of months from one season to another. That was not acceptable to the business-minded people of Mecca because pilgrims were an important source of business revenue for them. They inserted a thirteenth month after every three years to ensure that the months did not move around different seasons in different years.
In short, instead of openly rejecting the arrangement of lunar months, they resorted to clever manipulations by retaining the apparent form of the law. The Qur'an has, however, condemned the whole exercise by calling it 'an addition to unbelief' Qur'an, 9: But they are lying themselves, as a Clifford May tells us in National Review, because that is not what Bush said. What he said in his State of the Union address was: The British government has learned that Saddam Hussein recently sought significant quantities of uranium from Africa.
The International Atomic Energy Agency confirmed in the s that Saddam Hussein had an advanced nuclear weapons development program, had a design for a nuclear weapon and was working on five different methods of enriching uranium for a bomb.
All that is entirely true. President Bush did not say that Hussein had bought uranium from Niger. Rather, he said that the British believed that Hussein had tried to buy uranium not that he had succeededand that the IAEA said in the 's that Hussein was working on nuclear weapons.
Both of those are indisputably true statements. May also dissects the New York Times piece by Joseph Wilson, a recently retired career diplomat who was asked by Vice-President Cheney to go to Niger to check into the uranium story. Wilson says in the second sentence of his article, Based on my experience with the administration in the months leading up to the war, I have little choice but to conclude that some of the intelligence related to Iraq's nuclear weapons program was twisted to exaggerate the Iraqi threat.
But what is his evidence?
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We all know that people from those countries wouldn't lie in exchange for a few million dollars apiece, don't we? Wilson's evidence that the Administration twisted intelligence information boils down to the fact that it ignored his report that nobody in Niger would risk their jobs by telling him the Niger government was lying.
But what is not mentioned-- but what Mr. May points out-- about Wilson is, that in addition to all the career credentials that are mentioned in the article, He's an "adjunct scholar" at the Middle East Institute -- which advocates for Saudi interests.
Returning to the Wilson article, we discover at the very end that Wilson himself thinks it is quite plausible that Saddam was developing nuclear weapons, and is sure that Saddam had chemical and biological weapons programs! All that Wilson objects to is that the Administration claimed that Saddam was trying to develop nuclear weapons when Wilson's "information" about Niger was negative.