CHAPTER ONE: GENERAL INTRODUCTION
1.1 BACKGROUND OF THE STUDY
In The name of Allah the most beneficent the most merciful. All praise is due to Almighty Allah the Lord of the world may his peace, mercy and blessing be upon His Noblest prophet Muhammad (S.A.W), his family, his companions and those who follows them with righteous deed till the day of judgment. It is a well known fact that Islam is a complete way of life that encompasses all aspects of Muslim endeavour of which judicial processes is a type. In this regard Allah the Almighty says:
— We neglected nothing in the Book1
It equally means a total submission to the wills of Allah the Almighty. This submission should be a continues act until death. Allah say:
—And worship your Lord until those comes to you the certainty (i.e death)2
Shari’ah has been described as “corpus Jurist in Islam” in other words it is a collection of laws3 it distinguishes between what is Halal and Haram (lawful and unlawful), as well as punishments and rewards of rightful and wrongful actions. It is a path through which mankind reaches a mutual existence with God, Himself and rest of mankind.4
Glorious Qur’an and sunnah are the two primary sources of shari’ah, once any law contradicts the above two primary sources of shari’ah such a law is regarded as null and avoid to the extent of its in consistency. In fact it carries no weight in Islam and should be done away with.
Allah says:
Then We made for you law, follow it and do not follow the fancies of those who have no knowledge.5
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