With the exception of the laws of the Assyrians and the Code of Hammurabi, there is no system of recorded law, literally from China to Peru, which upon first emergence, is not viewed as being linked with religious observance and ritual (Fyzee, 1963, p. 33). This can certainly be observed with respect to Islamic law.
Relatively little has been written in English with respect to Islamic legal tradition. Some would consider this a very serious shortcoming especially when considering the almost continuous state of tension in the Middle East and magnitude of the Islamic influence in general.
Today, the Islamic community is global and numbers in excess of 900 million practitioners (Esposito, 1991, p. 3) and continues to spread throughout Europe, Asia, Africa and North America. It is found in such diverse environments as the former Soviet Union, China and in England. It represents the second largest of the world's religions and therefore must be considered a very prominent presence.
In Islam, as in Hinduism, the law is in legal theory, made by God. Human requirements, the expediency of a political situation, the evolution of civilized life, the lessons of anthropology, and even the notions about human justice, all become secondary to this basic tenet (Fyzee, 1963, p. 28).
Once the individual is committed to Islam, their overriding concern and question is "What do I do, what is God's will/law?" (Esposito, 1991, p. 75). For the believers, law is a religious and concrete expression of God's guidance, or path to follow, for humanity. Consequently, throughout history, Islamic law has been the core element in self-identity and practice because it provides an ideal social pattern for what is appropriate in society.
The body of Islamic law is contained in the Shariah, and is considered to be central to the way Islamic society is perceived and understood, especially by Western culture. As a source of law and moral guidance,...