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Sunday, July 20, 2014

Meaning of Shari'ah and Difference Between Shari'ah, Din, and Millah in Qur'anic Usage

Shari'ah means path and religion; likewise millah is an adopted path. However, apparently the Qur'an uses the word, shari'ah in a meaning more particular than din (religion). For proof, see the verse: Surely the religion with Allah is Islam... (3:19). And whoever seeks a religion other than Islam, it shall not be accepted from him, and in the hereafter he shall be one of the losers (3:85); when read together with the verse under discussion:^/- every one of you did We appoint a law and a way, and the verse: Then We have made you follow a course in the affair, therefore follow it... (45:18).

Thus, shari'ah is the way prepared for an ummah or a prophet who was sent with it, as we say, shari'ah of Nuh, shari'ah of Ibrahim, shari'ah of Musa, shari'ah of 'Isa and shari'ah of Muhammad (s.a.w.); and religion is the divine course and system which covers all nations; so shari'ah is liable to abrogation but not religion in its wider sense.

There is one more difference: Religion is attributed to singular or plural whatever their position; but shari'ah is not attributed to a singular unless it be its Legislator or its principle head who manages it. They say: Muslims' religion, Jews' religion, Muslims' shari'ah, Jews' shari'ah; again they say: Allah's religion, Allah's shari'ah, Muhammad's religion, Muhammad's shari'ah; Also they say: Zayd's religion, 'Amr's religion, but they never say: Zayd's shari'ah or 'Amr's shari'ah. May be it is so because the term, shari'ah, carries a hint of incidental happening, an allusion of preparing and paving the path. It is perfectly right to say: the path prepared by Allah, the way laid down for the prophet or for a certain ummah; but it is not right to say: the way which was laid down for Zayd, because Zayd has no particular connection to it.

In any case, it is inferred from the above that shari'ah's meaning is more particular than that of religion. As for the verse, 42:13 (He has prescribed for you of the religion what He enjoined upon Nuh, and that which We have revealed to you, and that which We enjoined upon Ibrahim and Musa and 'Isa.. .), it does not go against it, because it shows that the shari'ah of Muhammad (s.a.w.), laid down for his ummah is the sum total of what was enjoined upon Nuh, Ibrahim, Musa and 'Isa (peace be upon them), added to what was revealed to Muhammad (s.a.w.). It is either an allusion to the fact that Islam (is a comprehensive religion which) combines the merits of all previous shari'ah plus the excellence of Muhammad (s.a.w.)'s revelation, or it aims at proving that all the laws do have a single reality and essence, even though they were somewhat different among themselves because the people for whom they were sent had different (intellectual and social) standards; as is hinted or proved by the words of verse 13 of chapter 42 coming after the clause quoted above: ...that establish the religion and be not divided therein.

Religion is one and unalterable, while laws differ (from nation to nation, time to time, and) are liable to abrogation. The relationship of a particular shari'ah with religion is like that of minor rules of Islam (with their abrogator and abrogated ones) with the basic religion. Allah has not obligated His servants except to adhere to one religion, i.e. submission to Him; but He has taken them to that destina­tion through different paths, legislating for them various systems according to their various abilities, and these are the laws of Nuh, Ibrahim, Musa, 'Isa and Muhammad (may Allah's blessing be upon him and his progeny and on them); exactly as He sometimes abrogated within one shari'ah some laws replacing them with others because the abrogated law had lost its benefit and the abrogator one had become more appropriate and beneficial. See for example the replacement of the punishment of life-imprisonment for a fornicatress with flogging and stoning, etc. This is proved by the divine words: and if Allah had pleased He would have made you (all) a single people, but that He might try you in what He gave you...

As for millah, it is as though it points to norms and customs observed by people in their lives; and it probably has a shade of meaning of imla' and imlal i.e., 'dictation'; as such it would be a custom handed down by others; its root meaning is not so clear; therefore more likely it is synonymous to shari'ah inasmuch as, contrary to religion, milla like shari'ah denotes a system and way related to a particular group; yet there is difference between the two: shari'ah is used for the system or way keeping in view the reality that it has been laid down by Allah for people's use; while millah is used for the system as it is handed down practically among the people generation after generation. Probably that is the reason that millah is not ascribed to Allah in genitive construction, i.e. they never say, millah of Allah, while they say, religion of Allah, shari'ah of Allah.

However, it is ascribed to a prophet to denote his tradition and habit, or to an ummah because they follow and observe that custom and tradition. Allah says: ...the millah of Ibrahim, the upright one, and he was not of the polytheists (2:135); and Allah quotes Yusuf (a.s.) as saying:... surely I have forsaken the millah of a people who do not believe in Allah, and they are deniers of the hereafter; and I follow the millah of my fathers, Ibrahim and Ishaq and Ya 'qub... (12:37-38). And He quotes the unbelievers' threat to their prophets: ...We will most certainly drive you forth from our land, or else you shall come back into our millah... (14:13).

It is thus seen that din (religion) in Qur'anic usage is more general than shari'ah and millah; and these two are synonymous, with some difference in their usage. (Tafsir Al-Mizan, by the late Allamah Muhammad Hussain Tabatabai)

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Posted by Rabbi Ben Abrahamson