Perspectives On Islamic Law And Man-Made Laws

(Nazrat fi alshryet al'iislamiat walqawanin alwadeia)

A legal and jurisprudential book at the same time, authored by the Sheikh in the year 1425 AH - 2004 AD on the features and characteristics of positive law and its comparison with its counterpart in Islamic law.

In this book, the Sheikh, may God have mercy on him, dealt with contemporary issues such as the political rights of the individual, including the right to vote and nominate for the Shura Council and Representatives, as well as to moral rights, including copyright, and many others. The book is 503 pages long, and it is one of the last books written by Sheikh Abdul Karim Zidan.

The sheikh says about this book

Praise be to Allah, Lord of the worlds, and prayers and peace be upon our master Muhammad and his family and companions.

These are reviews of Islamic law and man-made laws, the purpose of which is to clarify some of the comparisons between them through the definition of positive law, the characteristics of legal articles, their types, the sources of the law, its branches, its scope or function, its objectives, and other things related to the law and is usually studied in the subject of the principles of law or The so-called (Introduction to Law Study) Or other nomenclatures, then explaining what corresponds to these topics and vocabulary in Islamic legislation, and what corresponds to or contradicts with positive law, and with these views or a general or brief comparative study of the topics and vocabulary I mentioned, it is possible to give the student of Islamic law some knowledge, even if it is general A summary of the features of positive law and its characteristics and its comparison with what it corresponds to in Islamic law, so that the student of Sharia knows the extent of the supremacy of Islamic law and its fulfillment with the needs of people in every place and time, and its full ability to achieve goodness, justice, happiness, security and stability for people, and the inability of positive law to achieve this for a simple reason is that Islamic law It is made by Allah, the All-Knowing, the Almighty, and the positive law is the creation of a man, who no matter how much he knows there is ignorance, and no matter how much it is incapable, and no matter how much it contains injustice and whimsy, and with ignorance, impotence, injustice and whimsy, goodness, justice, happiness, security and stability cannot be achieved for people.

Classification of the book and the division of its topics:

I have made the book in three chapters, and I divided the section into chapters, the chapter into chapters and the research into demands, and the requirement into branches as far as the need for these divisions as seen by the reader of this book, and they are as follows.

The First Section

Chapter One: The general theory of law and the definition of Islamic law.

Chapter Two: Introducing the law, explaining its function, and the characteristics of the legal base.

  The first topic: the definition of law and its function.

  The second topic: the characteristics of the legal base.

      The first requirement: the first characteristic of the legal rule is a rule. General and abstract.

    The second requirement: The second characteristic of the legal rule is that it governs social ties.

      The third requirement: the third characteristic of the legal/ penalty rule.

  The third topic: Distinguishing the legal rule from other natural and social rules.

  The fourth topic: peremptory and complementary legal rules.

Chapter Three: Introducing Islamic Sharia and explaining the characteristics of its legal rules.

  The first topic: the definition of Islamic law.

  The second topic: legal rules and their characteristics in Sharia. Islamic.

      The first requirement: the legal rules in Islamic law.

  The second requirement: the characteristics of legal rules in Islamic law.

       The first branch: the first characteristic / generalization and abstraction.

       The second branch: the second characteristic of the legal rule / it regulates social ties.

         The third branch: the third characteristic / penalty.

  The third topic: Peremptory and complementary rules in Islamic law.

  The fourth topic: distinguishing the legal legal rule from other rules.

  The fifth topic: the purpose of Islamic law and its individual or social tendency.

Chapter Four: Branches of positive law and Islamic law.

  The first topic: the division of positive law into general and private.

  The second topic: branches of public law

      The first requirement: public international law

      The second requirement: constitutional law

      The third requirement: administrative law

      Fourth requirement: Financial Law

      Fifth requirement: criminal law

   The third topic: branches of private law

      The first requirement: civil law

      The second requirement: commercial law

      The third requirement: the civil and commercial procedures law

      Fourth requirement: private international law

      Fifth requirement: the labor law

   The fourth topic: branches of Islamic law

      The first requirement: the inclusion of Islamic law

    The second requirement: the branches of public law in Islamic law

         The first branch: Islamic public international law

           The second branch: Islamic constitutional law

  The third branch: Islamic administrative law

  The fourth branch: Islamic criminal law

   The fifth branch: Islamic financial law

  The second requirement: branches of private law in Islamic law.

     First Branch: Civil Law (Civil Transactions (

     The second branch: Islamic commercial law

     The third branch: Islamic personal status law

     The fourth branch: private international Islamic law

    The five branch: Civil and Commercial Procedure Law

Section Two: Official Sources Of Law And Sharia

Chapter One: Definition and Enumeration of Official Sources of Law

  The first topic: Legislation

  The first requirement: Defining legislation, comparing it to custom, and indicating its types

  The second requirement: the enforcement of the legislation and an apology for his ignorance for violating it

  The third requirement: abolishing legislation, its types and interpretation

  Fourth requirement: Fast legislation in time

  The second topic: religion

  The third topic: custom (eurf)

  The first requirement: its definition and its rank among the sources of law

  The second requirement: the pillars of custom

  The third requirement: the binding force of custom

  The fourth topic: the principles of Islamic law

  The fifth topic: the principles of positive law and the rules of justice.

Chapter Two: Islamic Legislation Sources .

  The first topic: enumerating the sources of Islamic law and jurisprudence and arranging them.

  The second topic: the Holy Quran.

  The third topic: the purified Sunnah.

  The fourth topic: consensus.

  The fifth topic: custom.

  The sixth topic: Ijtihad.

  The first requirement: measurement,

  The second requirement: approval.

  The third requirement: the sent interest.

  Fourth requirement: blocking pretexts.

  The seventh topic: the entry into force of legal provisions and their change.

Section Three: The Right To Islamic Law And Positive Law

Chapter One: Defining the right and showing its relevance to Sharia and law.

  The first topic: Defining the right.

  The second topic: the relationship of truth to Islamic law and positive laws.

  The first requirement: the relevance of the right to man-made laws.

  The second requirement: the link of truth with Islamic law.

  The third topic: Types of rights in Islamic law and laws. Application.

  The first requirement: types of rights in man-made laws.

  The first branch: rights in rem.

  The second branch: personal right.

  The third branch: mental or moral rights.

  The second requirement: types of rights in Islamic law.

  The first branch: political rights.

  First: The right to assume public office.

  Second: The right to vote and the right to be nominated.

  Third: Electing the Shura Council and the Council of Representatives and nominating them for membership.

  The second branch: public rights.

  The third branch: private rights / family rights and financial rights .

  The fourth branch: personal right in Islamic law.

  The fifth branch: moral (intellectual) rights, including copyright.

Chapter Two: Pillars of Trut

  Topic one: People have the right to civil law

  The first requirement: a natural person

  The first branch: the beginning and end of the legal personality (the term of the personality)

  The second branch: the first feature of the legal personality / name

  The third branch:the second advantage of legal personality / status

  The fourth branch: the third advantage of the legal personality of a natural citizen

  Fifth Branch: Eligibility

  The second requirement: the legal person

  The second topic: People of the right to Islamic law

  The first requirement: a natural person

  The first branch: the beginning and end of the legal personality of the natural person

  The second branch: the first advantage of a natural person with legal personality /name

  The third branch: the status of a natural person

  The fourth branch: the citizen

  The fifth branch: eligibility in Islamic law

  The third topic: the legal person in Islamic law

  The fourth topic: the place of right in man-made laws

  The first requirement: business / personal right

  The second requirement: the companions (replacing the right in kind)

  The third requirement: the divisions of things subject to right in kind

  The fourth topic: the right place in Islamic law 

  The first requirement: business / personal right

  The second requirement: things (replacing the right in kind )

  The third requirement: the conditions of the shop in the right in kind

Chapter Three: Sources of the right to Islamic law and positive laws

  The first topic: Sources of right in man-made laws

  The second topic: sources of right in Islamic law

Chapter Four: Protection of the Right and its Use in Islamic Sharia and Positive Laws

  The first topic: Protection of the right and its use in positive laws

  The first requirement: protecting the right in positive laws

  The second requirement: the use of the right

  The second topic: the protection of the right and its use in Islamic law

  The first requirement: protecting the right to Islamic law

  The second requirement: the abuse of the right in Islamic law

Chapter Five: Establishing the Right to Islamic Sharia and Positive Laws

  The first topic: Establishing the right in man-made laws

  The second topic: Establishing the right to Islamic law

Chapter Six: The Expiration of the Right to Islamic Sharia and Positive Laws

  The first topic: the expiration of the right in man-made laws

  The second topic: the expiration of the right in Islamic law

May Allah's blessings and peace be upon our master Muhammad, his family and companions, and praise be to Allah, Lord of the Worlds.