In a world brimming with regulations, codes, and constitutions, a question often arises:
Is there a legal system that truly nurtures the human spirit while ensuring justice and societal welfare?
Many man-made laws hinge on surveillance, law enforcement, and external penalties to keep societies in order. By contrast, Islamic Fiqh (jurisprudence) is a holistic framework that begins by cultivating an individual’s inner sense of responsibility before his Creator, and then extends its beneficial influence throughout every aspect of life.
Below are six unique qualities of Islamic Fiqh that set it apart from man-made legislation and demonstrate its enduring relevance and fairness.
1. Rooted in Worship
Central to Islamic Fiqh is the fact that humankind was created to worship Allah. As the Qur’an states:
وَمَا خَلَقْتُ ٱلْجِنَّ وَٱلْإِنسَ إِلَّا لِيَعْبُدُونِ
And I did not create the jinn and mankind except to worship Me. (51:56)
Man-made laws rarely consider moral elevation; they focus on compliance, often bolstered by police forces and technology. In Islamic law, however, worship is the primary concern. When a person develops Taqwa (consciousness of Allah), they naturally become truthful and conscientious—qualities that then flow into their social transactions, business dealings, and communal responsibilities.
This emphasis on worship is reflected in how books of Fiqh are structured: they begin with acts of worship such as purification (ṭahārah), prayer (ṣalāh), charity (zakāh), fasting (ṣawm), and pilgrimage (ḥajj). Only after solidifying this bond with the Creator does Fiqh delve into societal matters—such as buying and selling, marriage, and even criminal punishments.
The inner moral compass is nurtured first, contrasting sharply with man-made systems that primarily rely on external enforcement.
2. Built-In Ease and Relief from Hardship
Although some view Islamic law as rigid, it is inherently easy. Allah wants ease for people, as shown in:
يُرِيدُ ٱللَّهُ بِكُمُ ٱلْيُسْرَ وَلَا يُرِيدُ بِكُمُ ٱلْعُسْرَ
Allāh intends for you ease and does not intend for you hardship (2:185)
Man-made laws can often be rigid, allowing little flexibility for genuine excuses or personal circumstances. In contrast, Islamic Fiqh incorporates concessions (rukhaṣ) without compromising its fundamental principles.
For example, Muslims are obligated to pray five times a day—a duty that is both balanced and reasonable. However, if a person is ill and unable to stand, they are permitted to pray while sitting or lying down.
Furthermore, if someone becomes incapable of performing an act of worship they previously practised regularly, they are still rewarded for it because of their prior steadfastness.
This two-level ease exists in both its foundation (the obligations are moderate from the start) and its flexibility when circumstances change (such as illness or travel). In short, Islamic legislation is neither burdensome nor oppressive.
3. Gradual Implementation
Man-made laws can descend abruptly—sweeping reforms passed overnight—with little regard for how quickly a population can adapt. Islamic law, on the other hand, was revealed gradually, allowing hearts and minds to acclimate.
- When the Prophet ﷺ sent Mu‘ādh ibn Jabal to Yemen, he instructed him to first call people to affirm the oneness of Allah. Only then was Mu‘ādh to teach them about prayers, and subsequently about charity (zakāh).
- The Prophet’s ﷺ commands were as follows:
إِنَّكَ تَأْتِي قَوْمًا مِنْ أَهْلِ الْكِتَابِ فَادْعُهُمْ إِلَى شَهَادَةِ أَنْ لَا إِلَهَ إِلَّا اللَّهُ وَأَنِّي رَسُولُ اللَّهِ فَإِنْ هُمْ أَطَاعُوا لِذَلِكَ فَأَعْلِمْهُمْ أَنَّ اللَّهَ افْتَرَضَ عَلَيْهِمْ خَمْسَ صَلَوَاتٍ فِي كُلِّ يَوْمٍ وَلَيْلَةٍ فَإِنْ هُمْ أَطَاعُوا لِذَلِكَ فَأَعْلِمْهُمْ أَنَّ اللَّهَ افْتَرَضَ عَلَيْهِمْ صَدَقَةً تُؤْخَذُ مِنْ أَغْنِيَائِهِمْ فَتُرَدُّ فِي فُقَرَائِهِمْ فَإِنْ هُمْ أَطَاعُوا لِذَلِكَ فَإِيَّاكَ وَكَرَائِمَ أَمْوَالِهِمْ
Verily, you are coming to a people among the people of the Book, so call them to testify there is no God but Allah and I am the Messenger of Allah. If they accept that, then teach them that Allah has obligated five prayers in each day and night. If they accept that, then teach them that Allah has obligated charity to be taken from the rich and given to the poor. If they accept that, beware not to take from the best of their wealth. (Sahih Muslim 19)
- Prohibitions, too, came in stages, like the ban on visiting graves or the prohibition of alcohol. The early Muslim community had time to adjust their hearts to new rulings, thereby embedding these changes more deeply and effectively.
This measured approach underscores that Islamic Fiqh is not about blind imposition, but transformation—moving people toward a higher moral standard step by step.
4. Flexibility and Practicality
Modern legal systems often try to cover every possible scenario with rigid detail, sometimes drowning in hypotheticals. Islamic Fiqh, however, is flexible and avoids overburdening individuals with irrelevant or purely theoretical questions. The Qur’an specifically warns against seeking answers to things that, if revealed, might cause undue hardship or sorrow:
يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ لَا تَسْـَٔلُوا۟ عَنْ أَشْيَآءَ إِن تُبْدَ لَكُمْ تَسُؤْكُمْ
O you who have believed, do not ask about things which, if they are shown to you, will distress you. (5:101)
In other words, Islamic Fiqh is practical. It addresses real, recurring issues and leaves alone matters that bring no actual benefit. The focus remains on what directly influences a believer’s moral and social well-being, demonstrating a balance between principle and practicality that man-made legislation rarely achieves.
5. Serving the People’s Best Interests
Where man-made laws can become hijacked by political parties or special interests, Islamic legislation is concerned with universal necessities. Scholars often refer to the five essentials that Islamic law protects:
- Religion (Dīn)
- Life (Nafs)
- Intellect (‘Aql)
- Lineage (‘Irḍ)
- Property (Māl)
This approach stems from the recognition that human beings need both material security and spiritual nourishment to thrive.
Consider how Islamic teachings forbid alcohol. Unlike man-made laws that permit alcohol despite its harmful effects, Islamic legislation prioritises intellect and social stability. For instance, alcohol is a leading cause of road accidents, domestic violence, and health crises worldwide. By forbidding it, Islam reduces these risks, ensuring safer communities, stronger families, and healthier individuals.
Thus, every ruling in Islamic Fiqh aims to secure these five foundational pillars, ensuring stability and justice on both individual and societal levels.
6. Absolute Justice and Fairness
Finally, man-made laws can sometimes show preferential treatment to the wealthy or the well-connected. Islamic Fiqh, however, holds everyone equally accountable—regardless of status or tribe.
- An incident from the Prophet’s ﷺ life demonstrates this vividly:
عَنْ عَائِشَةَ، أَنَّ قُرَيْشًا، أَهَمَّهُمْ شَأْنُ الْمَرْأَةِ الْمَخْزُومِيَّةِ الَّتِي سَرَقَتْ فَقَالُوا مَنْ يُكَلِّمُ فِيهَا رَسُولَ اللَّهِ صلى الله عليه وسلم قَالُوا وَمَنْ يَجْتَرِئُ عَلَيْهِ إِلاَّ أُسَامَةُ بْنُ زَيْدٍ حِبُّ رَسُولِ اللَّهِ صلى الله عليه وسلم فَكَلَّمَهُ أُسَامَةُ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " أَتَشْفَعُ فِي حَدٍّ مِنْ حُدُودِ اللَّهِ " . ثُمَّ قَامَ فَاخْتَطَبَ فَقَالَ " يَا أَيُّهَا النَّاسُ إِنَّمَا هَلَكَ الَّذِينَ مِنْ قَبْلِكُمْ أَنَّهُمْ كَانُوا إِذَا سَرَقَ فِيهِمُ الشَّرِيفُ تَرَكُوهُ وَإِذَا سَرَقَ فِيهِمُ الضَّعِيفُ أَقَامُوا عَلَيْهِ الْحَدَّ وَايْمُ اللَّهِ لَوْ أَنَّ فَاطِمَةَ بِنْتَ مُحَمَّدٍ سَرَقَتْ لَقَطَعْتُ يَدَهَا "
It was narrated from 'Aishah: that Quraish became concerned about the case of the Makhzumi woman who had stolen, and they said: “Who will speak to the Messenger of Allah (ﷺ) concerning her?”
They said: “Who would dare to do that other than Usamah bin Zaid, the beloved of the Messenger of Allah (ﷺ)?”
So Usamah spoke to him, and the Messenger of Allah (ﷺ) said, “Are you interceding concerning one of the legal punishments of Allah ﷻ?”
Then he stood up and addressed (the people) and said: “O people! Those who came before you were only destroyed because when one of their nobles stole, they let him off, but when one of the weak people among them stole, they would carry out the punishment on him. By Allah, if Fatimah the daughter of Muhammad were to steal, I would cut off her hand.” (Sunan Ibn Majah 2547)
This unwavering adherence to fairness sets Islamic legislation apart from systems influenced by political lobbyists and power dynamics.
Conclusion
These six qualities—worship-centered, easy, gradual, flexible, beneficial to society, and just—reveal why Islamic Fiqh holds a timeless advantage over man-made legal frameworks. It uplifts the human spirit, ties law to conscience rather than mere compliance, and ensures the welfare of all, not just the privileged few.
Far from being harsh or antiquated, Islamic legislation emerges from a deeply compassionate vision for humanity. The more one studies it, the more one sees the beauty, practicality, and justice inherent in its every principle. So, next time you hear Islam portrayed as severe, barbaric or backward, remember that its holistic design—addressing both the heart and society—stands in stark contrast to systems that rely solely on external force or partisan agendas.
Don’t be fooled by misrepresentations—Islamic Fiqh is a comprehensive, balanced, and divinely guided way to regulate life for the ultimate benefit of individuals and communities alike.
Want to study Fiqh in a structured way by following a clear curriculum? Explore our part-time and full-time online Islamic studies courses at AMAU Academy.
