There are great differences between Islamic legislation and man-made laws in terms of the veneration for, and the sanctity and appreciation of the law in the individual’s inner self:
The veneration for, and the sanctity and appreciation of the law is a characteristic of Islamic legislation because of its religious qualities and that its legislator is Allah, Who the souls greatly revere and towards Whom they bow in absolute submission.
The Shari’ah suits all nations and peoples of different natures, habitats, races and languages, since its Maker and Legislator is Allah Almighty. He (Glorified be He) has full Knowledge of what was and what will come to be of human beings and their natural disposition, instincts, temperament and everything related to mankind, and He, the Almighty, is far Exalted from succumbing to any whims or desires. Allah says: {So, set you (O Muhammad [sal-Allâhu ‘alayhi wa sallam]) your face towards the religion (of pure Islâmic Monotheism) Hanîf (worship none but Allâh Alone). Allâh’s Fitrah (i.e. Allâh’s Islâmic Monotheism) with which He has created mankind. No change let there be in Khalq-illâh (i.e. the religion of Allâh – Islâmic Monotheism), that is the straight religion, but most of men know not. (Tafsir At-Tabarî)}(Ar¬-Rûm:30)
Man-made laws are legislated by humans whose knowledge, however good it may be, is still greatly lacking. If they knew what might happen today and tonight, they would never be able to tell you what might happen tomorrow. Moreover, if they were to know some of the various natures of human beings, they would still never be able to know all the natures of all humans. Hence, the laws they legislate do not suit all natures or all environments. Even though these laws are suitable for some people, they are not suitable for everyone.
Islamic Shari’ah corresponds with rectitude, truth and justice, so as not to lead to the possibility of errors, mistakes, oppression, and injustice in the legislation or to the submission toany whims or personal desires when drafting any law. 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.}(al-An’aam:115)
Almighty Allah Alone, Exalted is He above having any personal whimsical aims, is All-knowing of every matter, both externally and internally, and has all-pervading knowledge of the affairs of His people. He only commands them that which leads to their well-being and only forbids them that which is harmful to them. Man-made laws, on the other hand, are prone to error, mistakes, and omissions, and they follow the whims of mankind. They, therefore, are never free of errors and faults, and are always being annulled, changed and altered. Allah says: {Had it been from other than Allâh, they would surely have found therein many a contradiction}(An-Nisâ’:82)
Islamic Shari’ah is not a set of abstract laws laid down through the ideas of man. Rather, it was formulate by Allah Almighty to suit human nature and His creation. For He Who created people is the best to know what suits them. {Should not He Who has created know? And He is the Most Kind and Courteous (to His slaves), the Well-Acquainted (with everything).}( al-Mulk:14)
He knows best what lightens the burden for them. {Allâh wishes to lighten (the burden) for you; and man was created weak (cannot be patient to leave sexual intercourse with women). }(An-Nisâ’:28)
As for man-made or positive laws, they are made according to the wishes of he who makes them, and according to his temperament, interests and environment.
Islamic Shari’ah tackles apparent and hidden actions. Allah Almighty says: {And know that Allâh knows what is in your minds, so fear Him. And know that Allâh is Oft-Forgiving, Most Forbearing.{ ( al-Baqarah:235)
It is unlike that of man-made laws, which only tackles the apparent sides, and completely neglects the spiritual side or that related with the Hereafter. As for the punishment in man-made laws, it is only worldly.
