Who is responsible to establish the Shariah?

Table of Contents

Primary Responsibility: The primary responsibility to implement Shariah in society is given to the rulers (governments). They are tasked with creating a just system based on Islamic principles, ensuring that laws in society are aligned with Shariah and are applied fairly across all citizens.
Role in Implementing Shariah:
- Enforcing Islamic law: Rulers have the responsibility to establish a legal system where Shariah is applied in matters like criminal law, family law, economic transactions, and public morality.
- Creating a framework for justice: Rulers must ensure that the governance system reflects Islamic teachings, ensuring that justice, equality, and rights protection are foundational to the society.
- Upholding public order: Rulers must also establish institutions (such as courts, law enforcement, etc.) to enforce Shariah and ensure social welfare for all citizens.

Quranic Basis:

“Indeed, We have sent down to you the Book in truth, to rule between people by that which Allah has shown you…” (Qur’an, 4:105)
“And rule between them by what Allah has revealed…” (Qur’an, 5:49)

Seerah Context:

Prophet Muhammad (PBUH), as both a spiritual and political leader, implemented Shariah in his role as the head of the state in Medina. He ensured that the principles of justice and equality were enforced through his governance, which included legal matters, family laws, and the economic system.

Secondary Responsibility: Islamic scholars (Ulama) play a crucial role in the interpretation and application of Shariah. They are responsible for ensuring that Shariah is understood, taught, and implemented according to the authentic sources of Islamic law, namely the Qur’an and Hadith.
Role in Implementing Shariah:
- Fatawa (Legal Opinions): Scholars issue fatwas (legal rulings) that guide rulers, governments, and individuals in how to apply Shariah in contemporary issues.
- Advisory Role: Scholars act as advisors to rulers and communities, ensuring that policies and practices align with Islamic principles.
- Educating the community: Scholars are responsible for teaching and spreading knowledge of Shariah so that individuals understand how to live according to Islamic law.

Quranic Basis:

“Ask the people of knowledge if you do not know.” (Qur’an, 16:43)
“And when there comes to them some matter of security or fear, they spread it about. If only they had referred it to the Messenger and to those in authority among them…” (Qur’an, 4:83)

Seerah Context:

The Prophet Muhammad (PBUH) relied on companions like Ali ibn Abi Talib and Uthman ibn Affan for legal advice and interpretation of the Qur’an and Hadith. These scholars helped in ensuring that the laws and decisions made by the Prophet (PBUH) were consistent with Shariah principles.

Shared Responsibility: The Muslim community (Ummah) also plays a role in ensuring the implementation of Shariah in society. While they are not directly responsible for enacting laws, the Ummah is responsible for ensuring that the principles of Shariah are followed in their daily lives and for advocating for an Islamic governance system.
Role in Implementing Shariah:
- Supporting justice and fairness: The Ummah is responsible for promoting justice in every aspect of life, from personal actions to supporting Shariah laws in the public domain.
- Enjoining good and forbidding evil: The Ummah has a collective responsibility to ensure societal moral order and to support policies that reflect Shariah values, such as compassion, honesty, integrity, and fairness.
- Holding rulers accountable: The community must hold rulers and governments accountable to ensure that they are upholding Shariah law and Islamic principles in governance.

Quranic Basis:

“You are the best nation produced [as an example] for mankind. You enjoin what is right and forbid what is wrong…” (Qur’an, 3:110)
“And the believers, men and women, are protectors of one another: they enjoin what is just and forbid what is disreputable…” (Qur’an, 9:71)

Seerah Context:

During the time of the Prophet Muhammad (PBUH), the community was an active participant in establishing justice and ensuring that laws were followed. For example, the Constitution of Medina established a framework in which the Muslim and non-Muslim communities were required to respect each other’s rights and live by shared principles of justice and fairness, which were in line with Shariah.

Personal Responsibility: Every Muslim has a personal responsibility to follow Shariah in their daily lives. This includes adhering to the rules of worship, social conduct, business ethics, and family law, all of which are based on Shariah principles.
Role in Implementing Shariah:
- Individuals are expected to practice Islamic values in their personal lives, such as fairness, honesty, and compassion.
- By living according to Shariah, Muslims contribute to establishing a just society that reflects Islamic teachings.

Quranic Basis:

“Indeed, this Qur’an guides to that which is most suitable…” (Qur’an, 17:9)
“O you who have believed, do not betray Allah and the Messenger or betray your trusts while you know [the consequence].” (Qur’an, 8:27)

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