Examining the Connotation of the Word (Lawgiver) and the Dilemma of Muslims under Islamic Law.
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Date
2025-02-03
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College of Law, Fountain University, Osogbo
Abstract
Abstract
Shari’ah (also known and referred to as Islamic Law) contains rules of all past events, current problems and all possible incidents that may happen in future. Nothing has happened in the past or is happening at present or will happen in the future except that each and every one of those things has a ruling from the Islamic law either directly or indirectly. Every conduct of a man at all time and places are completely and comprehensively taken care of by the Islamic law. Allah (SWT) refers to those who approach or judge their affairs with any other law[s] other than the provisions of Islamic law (the Quran & the Sunnah) as disbelievers (the Kâfirûn), polytheists, wrong-doers (the Zâlimûn) and disobedient (the Fâsiqûn). Hence, the dilemma of Muslims living in non-Islamic state or Muslims’ State like Nigeria where the applicable Laws were said to be made and given to themselves. This paper adopts the doctrinal method of research to examine the lawgiver/legislator in Islamic law as it relates to the Muslims therein and several views of Muslim jurists on whether or not the intellect could discern and identify the hukm of Allah regarding the conducts of the Mukallaf (مكلّف) based on what is good (hasan) حسنor evil (qabih) قبيحwithout the intervention of divine revelation. The paper also examines the status of a man-made law as well as the maker, in both Islamic and Non-Islamic States. This paper finds that though a Muslim may find himself in a non-Islamic state, however, that does not leave him at the freelage of perpetrating evil. The study lastly recommends guides for Muslims’ conducts in a non-Islamic State.
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Fountain University Law Journal (FULAJ), Vol. 2, No. 3