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Islamic Law vs. Lawmaking by humans
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[quote]Dear All, There have been repeated debates especially within Pakistan, throughout its history, regarding whether Man-made law (i.e. The Constitution) clashes and/or interferes with the jurisdiction of Divine law (i.e. Shariah). Our religious scholars have often raised a concern, by framing it as a question of Sovereignty of Allah vs. Sovereignty of people. Their claim is that if Allah is Sovereign (as the Constitution itself states that He is), there shouldnt be a man-made law in the first place, if it is there, it should only deal with those issues not touched by Shariah. And any law making done on an issue where a slightest of hint by Quran, Sunnah or even by a statement of a Faqeeh (Muslim Jurist) has been dropped, is a tresspassing on the jurisdiction of Shariah. The question then is, what is the jurisdiction of Shariah?, the one which cannot be crossed, where and how are its boundaries drawn? What to do when within people/scholars there is difference of opinion on these boundaries? what precisely should be the ambit of human lawmaking? Thanks, Salman[/quote]
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