كتاب مجلة الجامعة الإسلامية بالمدينة المنورة

العدد ٦١ - العدد ٦١ - القسم الإنجليزي - ج: 30 - ص: 8

I As regards juristic judgements and laws deduced by Muslim Scholars through reasoning and analogy on matters that were not explicitly dealt with either in the holy Quran or the Sunnah. as in the case of promulgating rules and regulations relating, for instance, to municipalities, traffic, labour, etc ... the legislator must all the time, be motivated by a keen sense of justice and impartiality taking the general weal of the people into consideration. Thus, all laws should be in harmony with the true spirit of Shari'a

II while putting the principles and tenets of Shari'a into practical application, the ruler should take the utmost care to be fair and just in settling the people's problems and disputes

Thirdly: Among other fine qualities Islamic Shari'a takes much pride in, is mercy. Numerous Quranic verses and prophetic traditions have laid much emphasis on this aspect of Shari'a describing the prophet, P.B.U.H. as being merciful and ordaining Muslims to treat each other with mercy, and compassion Allah, the Almighty, says:-

{لَقَدْ جَاءَكُمْ رَسُولٌ مِنْ أَنْفُسِكُمْ عَزِيزٌ عَلَيْهِ مَا عَنِتُّمْ حَرِيصٌ عَلَيْكُمْ بِالْمُؤْمِنِينَ رَؤُوفٌ رَحِيم}

"i.e. Now hath come unto you an Apostle from amongst yourselves: it

responded, Oh yes! the prophet has even forbidden us to face Qibla while urinating or answering the call of nature [٢] .