The Genesis of Law and the Genesis of Sharia

God willing, in this and subsequent articles, I will deal with comparisons between Sharia law and the positive laws of mankind, which I quote from books of Islamic legislation. The comparisons reveal the high heel of the Sharia over positive laws, and we try to discern the characteristics of the Sharia and its superiority in its provisions and laws, which human laws have not found their equivalents until the modern era, for example, the equality of people among them.
There is no difference between black and white, or between those with and without lineage and ancestry, or between rich and poor, but the difference is in righteous citizenship, as Almighty God says: “The most honorable of you before God is the most pious of you.

Positive law, when it arises in the society that it organizes and governs, is a small and limited rules.
Then it develops as this society evolves, and its rules increase and its theories are elevated as the needs of this society increase and diversify.
and the more advanced the thinking, science and literature of its members.
This means that positive law is like a newborn child that is small and weak.
Then it grows and strengthens little by little until it reaches its full potential.
It is quick to develop, grow and rise as the society it governs develops and rises, and slow to develop and grow as the society is slow to grow and develop.
From this, we conclude that it is society that creates and crafts positive law in a way that meets its needs and organizes the lives of its members.
The law is subordinate to it and its progress is linked to the progress of this society.
When scholars of positive law talk about the first genesis of the law, they say:
It began to form with the formation of the family and the tribe.
The word of the head of the family was the law of the family.
The word of the tribal leader was the law of the tribe.
The law continued to evolve in human society until the formation of the state.
The customs of each family were not consistent with the customs of other families, and the traditions of each tribe were not similar to the traditions of other tribes.
When the state began to form, it unified customs and traditions and made them a binding law for all individuals, families, and tribes within the scope of the state.
But the law of each state was often inconsistent with the laws of other states.
This disagreement continued until the last stage of legal development began in the aftermath of the eighteenth century AD, guided by philosophical, scientific and social theories.
Positive law developed from that time until now.
It became based on theories that did not exist in previous eras.
The basis of these modern theories is justice, equality, mercy and humanity.
The popularity of these theories in the world has led to the standardization of most legal rules in many countries of the world.
However, each country still has its own law that differs from other laws in many nuances and details.

This is a summary of the origins, development, and stages of the law, which clearly shows that the law when it was created was something very different from the law now, and that it kept changing and evolving until it reached its current form.
and that it continued to change and evolve until it reached its current form.
And that it did not reach what it is now except after a long, slow evolution that lasted thousands of years.
If the origins of law are as mentioned above.
Islamic law is different.
It did not originate that way, nor did it follow that path.
The Shari’ah was not a few rules and then multiplied.
nor were principles scattered and then combined.
It was not born as a child with the Muslim community and then kept pace with its development and grew with its growth.
Rather, it was born young and complete.
It came down from God as a complete, comprehensive, all-encompassing, all-encompassing law.
You do not see a crookedness in it.
and do not witness any deficiency in it.
God Almighty revealed it from His heavens on the heart of His Messenger Muhammad (peace be upon him) in a short period of time, not exceeding the period required for its revelation.
A period that began with the Prophet’s mission and ended with his death.
Or it ended on the day Allah Almighty said:
(And I have perfected my grace upon you and have accepted Islam as a religion for you.
The Shari’ah did not come to society without society.
or for a people without a people.
or for a country without a state.
It came to all people, Arabs and Arabs, Arabs and Arabs, Easterners and Westerners.
Arabs and Gentiles, Easterners and Westerners, with their different backgrounds, customs, traditions, and histories.
It is the law of every family, the law of every tribe.
It is the law of every society.
and the law of every country.
It is the supreme law that the scholars of positive law have been able to imagine.
but they could not create it.

This Shari’ah is complete and without shortcomings.
The Shari’ah is comprehensive, governing every situation, including individuals, groups, and states.
It regulates personal status, transactions and everything related to individuals.
It regulates the affairs of government, administration, politics and other matters related to society.
It also regulates the relations of states with each other in war and peace.
The Shari’ah did not come for a time without a time.
or for an era without an age.
or time without time.
Rather, it is the Shari’ah for every time.
and the law of every age.
and the law of all time until God inherits the earth and those on it.
The Shari’ah has been formulated in such a way that the passage of time does not affect it.
its novelty does not wear out.
It does not require changing its general rules and basic theories.
Its texts are so general and flexible as to govern every new situation, even if it cannot be foreseen.
Hence, the texts of the Shari’ah were not subject to change and alteration as the texts of positive laws change and alter.
Here is the Roman law, which is considered by Western historians to be the pride of their laws.
It was born with the birth of the city of Rome in the seventh century BC.
Its rules were not finalized until the era of Caesar (Justinian), as it was compiled in the sixth century AD.
In other words, it has reached the age of time about thirteen centuries.
With this long life full of modification and improvement, it is not suitable for application in this time or in the times that are far from it, and the basis of the difference between Sharia law and positive law is that the Sharia law came from God, the Almighty, who is the one who says, “There is no change in the words of God.
He is the one who says, “There is no alteration of the words of God.
He is the world of the unseen who is able to give people texts that remain valid throughout time.
Positive laws, on the other hand, are created by humans.
They are made to meet their temporal needs, and to the extent that humans are unable to know the unseen, the legal texts they make fall short of governing what they did not anticipate.
The Shari’ah came from the day it was revealed hundreds of years ago with the latest theories that modern positive law has finally reached.
Indeed, the Shari’ah came from the day of its revelation with more than what positive law has reached.
It is enough for us to know that all the principles that today’s jurists wish to realize are found in the Shari’ah from the day it was revealed.