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Academic Essay
The Dichotomy of the West: How Prophet Muhammad’s Contribution to Legal Development is Recognised, but Shari’ah Law is Rejected
Shari’ah plays a prominent role in the lives of Muslims as it determines the rules and principles of faith and worship. However, Shari’ah also encompasses civil law and human relations including social, political and economic factors. There are four sources to Shari’ah Law — the Qur’an, the Sunnah, analogical reasoning (Qiyas) and Consensus (Ijma). As Qiyas is the use of legal precedence and Ijma is the consensus of scholars on an issue and its subsequent application over a long period of time, these are similar to English Common Law, which subsequently influenced the law-making practices of the United States and Australia.
The similarities between Shari’ah and Common Law are not through accident, however, as the basis of English Common Law lies in the Maliki madhab present in North Africa and Sicily during the reign of King Henry II. It is therefore no surprise that the US Supreme Court recognises and honours Prophet Muhammad as one of the greatest lawgivers in history, or that Harvard cites the Qur’an as one of the leading books for justice in the world — they form the very basis of their legal institutions.
