The Ruling on Codifying Islamic Sacred Law
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Question:
What is the ruling on codifying Islamic sacred law, and is it permissible to work with laws, or not? And is it permissible to divide the topics of Islamic jurisprudence into laws containing articles numbered sequentially, starting from number one and above, such as a law on theft, a law on the hand, cutting off the hand, and a law on unlawful sexual intercourse?
Answer:
This varies. As for a state that rules by the law of Allah and has lived by the application of laws, if it requests the application of the Shari'ah and that the Shari'ah be clarified for it, then the Shari'ah is clarified for it; because clarifying the Shari'ah, even if codified, is better than its remaining in falsehood.
As for one who is under the law of Allah and rules by the law of Allah, it is obligatory to remain on that, and not to make it a characteristic of the law; so that the articles are not changed, and so that there is no means to changing the ruling of Allah (Glorified and Exalted is He).
As for a state in disbelief, misguidance, and the application of falsehood, then it wants the Shari'ah to be clarified for it, the Shari'ah is clarified for it so that it returns to the Shari'ah, even by chapters and articles that conform to the Shari'ah, so that it returns to it and rules by it.
What is the ruling on codifying Islamic sacred law, and is it permissible to work with laws, or not? And is it permissible to divide the topics of Islamic jurisprudence into laws containing articles numbered sequentially, starting from number one and above, such as a law on theft, a law on the hand, cutting off the hand, and a law on unlawful sexual intercourse?
Answer:
This varies. As for a state that rules by the law of Allah and has lived by the application of laws, if it requests the application of the Shari'ah and that the Shari'ah be clarified for it, then the Shari'ah is clarified for it; because clarifying the Shari'ah, even if codified, is better than its remaining in falsehood.
As for one who is under the law of Allah and rules by the law of Allah, it is obligatory to remain on that, and not to make it a characteristic of the law; so that the articles are not changed, and so that there is no means to changing the ruling of Allah (Glorified and Exalted is He).
As for a state in disbelief, misguidance, and the application of falsehood, then it wants the Shari'ah to be clarified for it, the Shari'ah is clarified for it so that it returns to the Shari'ah, even by chapters and articles that conform to the Shari'ah, so that it returns to it and rules by it.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
