5 DIFFERENCES OF ISLAMIC LAW

AND MAN-MADE LAW

The differences of Islamic law (Sharia) and man-made law are huge
as can be viewed in many aspects since Islamic legislation is made
and legislated by Allah The Almighty One whereas man-made law is
made by human.
The first difference of both laws is their precedence and powers of
enforcement. Since 14 centuries ago, Islamic law was prioritized by
covenants, declarations and international agreements which depicts
the importance of it. As prove, there were repetitions of some of the
tenants of Islamic law that were mentioned in the Universal
Declaration of Human Rights, all the following international
agreements and the United Nation Charter.
Based on the Islamic view, human rights are inbuilt, incapable of
being alienated, unchangeable and unable to be suspended by
anybody as they are bound and ordained by the Creator, Allah (SWT).
Their self-immunity is irremovable, neither by a human being nor by
the society represented by its establishment no matter how powerful
they are. As for the legal value of the Universal Declaration of Human
Rights, it is merely a non-compulsory declaration issued by the
United Nations.
As can be observed, human rights in man-made covenants are
recommendations and moral rulings. However, they are an obligation
guaranteed by authorities in Islam. Unlike the international covenants
that deem them as personal rights that cannot be imposed unless the
rightful person gives up, the Islamic systems public authority can
impose this obligation.

Besides, the Islamic law and man-made law also differ in terms of
rectitude, truth and justice. To avoid possibility of mistakes,
oppression and unfairness in the legislation or to the submission to
any inclination or personal desires when drafting any law, Islamic law
relates with rectitude, truth and justice. Allah says: {And the Word of
your Lord has been fulfilled in truth and in justice. None can change
His Words. And He is the All-Hearer, the All-Knower.}(alAnaam:115)
Almighty Allah is knowledgeable of every matter, both externally
and internally, and He knows of the affairs of His people. Only
commands that lead to peoples well-being are given and He forbids
only those that are harmful to His people.
In another point of view, man-made laws, are inclined to errors,
mistakes, and omissions, and they follow the desire of mankind.
Hence, they are imperfect because of mistakes, and are always being
abolished, modified and altered. Allah says: {Had it been from other
than Allah, they would surely have found therein many a
contradiction} (An-Nis:82)
The differences of Islamic law and man-made law also includes
agreement and suitability. As the Legislator is Allah the Almighty
One Himself, Islamic law is suitable for any nation or any people
regardless of their natures, habitats, races and languages. It is a sacred
law made by Him for people to know the rights and wrongs. He does
not succumb to any whims or desires thus making what rules He
made to be helpful to human beings as He also knows what was and
will come to be of human beings. According to Allah: {So, set you (O
Muhammad [sal-Allhu alayhi wa sallam]) your face towards the
religion (of pure Islmic Monotheism) Hanf (worship none but Allh
Alone). Allhs Fitrah (i.e. Allhs Islmic Monotheism) with which
He has created mankind. No change let there be in Khalq-illh (i.e.
the religion of Allh Islmic Monotheism), that is the straight

religion, but most of men know not. (Tafsir At-Tabar)}(ArRm:30).

For man-made laws, no matter how good and well-legislated it is, it
will not be free from imperfection because it is created by human
beings, thus it lacks greatly when compared with Islamic law.
Mankind may know what happens today or tonight but never of
tomorrow as only the Supreme One knows of it all. Mankind may
know of the natures of certain human beings but not all. This also
becomes one of the weaknesses of man-made law which makes it
unable to suit all natures or environments. These laws may only be
applicable to a certain extend.
Moreover, depth and inclusiveness is also one of the differences of
Islamic law and man-made law. Human rights in Islam is deeper and
more inclusive than they are in the man-made documents as the
Islamic law sources are from the Book of Allah (SWT) and The
Sunnah of Messenger (PBUH). On the other hand, international laws
and covenants are sourced from the human intellect which may
contain errors as humans do mistakes. Humans are influenced by the
characteristics that are their nature such as weakness, failing to
perceive many things, while Allah the Almighty (SWT) is the AllPerceiver.
Islamic rights are inviolable as they are considered affirm, receiving
the support by duties and preserved by hudud to the extend that it is
sacred. If looked from the perspective of rights, Islam with its two
sources, the Quran and the Sunnah already shows all types of rights
endowed by Allah (SWT) to His people if compared with human
covenants that only refer to some of the rights.

Furthermore, Islamic law differ from man-made law in the aspect of

the human nature of man. While man-made law is laid down
through the ideas of man, Islamic law was created by Allah Almighty
for His creation to suit their nature. He knows what is best for human
beings since He is their Creator. Man-made laws instead, are made by
mankind based on the wishes of he who makes them and according to
his temperament, interest and environment.