ABSTRACT

This chapter analyses the Sharia Law's general notion of legal theory followed by some observations on the nature of the Sharia Law during the Prophet Muhammad's tenure in Madina. It has been argued that Islam's Sacred Law represents a tripartite system of law, morality and justice, the core of which has emanated from a divine authority, Allah. Western legal scholars, argue, by and large, that Islam's Sacred Law represents a dual nature. The legal theory behind this tripartite system conceives the law as more than an abstract instrument of power, but also as a coherent and logical device that reflects Allah's eternal Wisdom and Will. The Qur'an maintains that in creating human beings Allah has used the loftiest and the basest elements, implying that human beings are capable of both good and evil. The Qur'an also speaks of justice, law, legitimacy, fairness, kindness, crime, sin, punishment, lowly inclinations of human beings and good intentions.