Syariah may be defined as the total sum of Islamic guidance revealed to the Prophet Muhammad salla�llahu �alahi wa sallam and transmitted by him to humanity, as enshrined in the Holy Qur�an, and the authentically recorded words, deeds and tacit approvals of the Prophet s.a.w., the Sunnah. It is comprehensive and all-encompassing. It defines the relationship and the obligations of the individual to his Creator, Allah subhana�llahu wa ta�ala and it explains the individual�s responsibilities to himself and to all those around him. Syariah is thus at once law and morality.

The Qu�ran as the direct word of Allah s.w.t., is the foremost important source of guidance and rulings. The Sunnah of the Holy Prophet s.a.w. serves to confirm the rulings of the Qu�ran. It also details some of the concepts, laws and practical matters which are briefly stated in the Qu�ran, such as the definition of Islam, Iman and Ihsan, details of solat, types of usury etc, and gives some rulings regarding matters not explicitly stated in the Qu�ran, such as the wearing of silk for men. The third source of rulings is Islamic jurisprudence - the Arabic word Fiqh means knowledge, understanding and comprehension - and it refers to the legal rulings of the Muslim scholars based on their knowledge of the Syariah. The science of fiqh started in the second century after Hijrah, when the Islamic state expanded and faced issues not explicitly covered in the Qu�ran and the Sunnah of the Prophet s.a.w. Rulings based on the unanimity of Muslim scholars and direct analogy are binding. The four Sunni schools of thought, Hanafi, Maliki, Shafi�i and Hanbali are identical in approximately 75% of their legal conclusions. Variances in the remaining questions are traceable to methodological differences in understanding or authentication of the primary textual evidence.

The rulings of Syariah for a believer�s daily actions are five: prescribed (fard), recommended (mandub), permissible (mubah), disliked (makruh) and unlawful (haram). The distinctions between these categories are in whether their performance and non-performance is rewarded, not rewarded, punished or not punished. The prescribed is also referred to as obligatory (wajib), mandatory (muhattam) and required (lazim). It is further sub-divided into two categories: personally obligatory (fard al-�ayn) which is required from every individual Muslim, such as solat and zakah; and communally obligatory (fard al-kifaya) which if performed by some Muslims is not required from others, such as funeral prayers. The recommended is also referred to as sunat, preferable (mustahabb), meritorious (fadila) and desirable (marghub fih). Examples of these are night vigil (tahajjud) prayers and remembrance of Allah s.w.t. (zikr). The performance and non-performance of the permissible/allowed is neither rewarded nor punished. Non-performance of both the disliked and the unlawful/prohibited is rewarded. Performance of the unlawful is punished, but that of the disliked is not.

The basic quality of Syariah is that it is not a legal system in the technical sense, but that it is divine guidance. It necessarily follows that the Syariah is infallible and unalterable. At the same time, it is suitable for all peoples, in all places and at all times. Contrast this with man-made law � be it the civil law tradition or more apparently, the common law system, this legalistic mechanism is in a continual state of development in response to the increasing complexity of modern life. While a court looks to binding precedents and persuasive authorities to determine what the law is or should be, the conduct of every Muslim�s affairs is definitively governed by Islamic Syariah.

The holistic nature of this absolute framework means that no aspect of human conduct is neglected. It only remains to adapt the permanence of the laws of Allah s.w.t. according to changing times. Take for instance, the broad injunction to maintain good neighbourly relations. In the words of the Prophet s.a.w., "He does not believe whose neighbours are not safe from his injurious conduct." It is clear that the obligations to one�s �neighbour� is to be understood to extend, not just the immediate household neighbour, but to the rest of the community, even humanity at large. This may seem rather abstract, but it is interesting to note that the neighbour concept forms the basis of a highly developed law of negligence in the common law system, and yet was established no more than 70 years ago. Consider this �Neighbour Principle� as it was first enunciated: "You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law is my neighbour? The answer seems to be persons so closely and directly related affected by my act that I ought reasonably to have them in my contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question." Now compare it with the divinely inspired words of the Prophet s.a.w.; and there can be no doubt in one�s mind as to the universality of the Syariah of Islam.

Another essential feature of the Syariah is that it deals not only with concrete violations, but also warns against inner vices such as hatred and envy which are outside the domain of the law unless manifested in some form of aggression. For example, the act of backbiting does not necessarily amount to slander in the law of defamation because in general, the injured party is required to prove the damage to himself. Nonetheless, it is a sin against Allah s.w.t.:

Further, the basic function of the law is often seen as the protection of society � it punishes the transgressors and it compensates the victims. But Syariah is much more than this. It urges and promises rewards for all types of good deeds and virtues both in this world and in the Hereafter. In its essence, it asks of Muslims to enjoin what is right and forbid what is evil:

It is evident that where the precise scope of criminal law and its relationship with moral law is uncertain, the Syariah on the other hand, ensures that there can be no distinction between private and public morality. The reluctance of liberalists to equate crime with immorality is perhaps understandable because in most societies, morality is a matter of public opinion which is transient and hence unascertainable. This then underscores the basic character of the true religion. Islam is a way of life that sees the dichotomy of secular and spiritual pursuits as an alien notion, and therefore the Syariah must necessarily dictate an exhaustive code of conduct to ensure that an individual carries out the entirety of his obligations as a vicegerent of Allah s.w.t. on earth (Khalifah).

One other unique feature of the Syariah is its measure of enforcement; for its compliance does not merely depend upon worldly sanctions, but that the main factor of it is the believer�s awareness of the Omnipresent Allah s.w.t. and His promise of absolute justice on the Day of Recompense:

In contrast, the law, being made, enforced and administered by men, is fallible. In the law of contract for instance, the court is often more concerned with effecting practical justice. In criminal law, the innocence of a man, or his guilt and its degree thereof, is largely determined by the judicial attitude as well as the capability of counsels. But Allah s.w.t. has assured us that on the Day of Recompense, perfect justice will be meted out:

It is this belief that furnishes the force which enables a man to strive towards the highest possible standard of morality with earnestness and sincerity, with all the devotion of heart and soul.

It is important to note however, that in non-Muslim states such as ours, the application of Syariah law is limited to those areas of law that cannot be reconciled with the law of the state. For instance, the Women�s Charter2  does not apply to Muslim families which come under the Administration of Muslim Law Act (Cap 3). The co-existence of the Syariah Court alongside the other subordinate courts of the judicial system indicates the political imperatives of the Syariah. It demands of a Muslim his complete obedience to the laws of the state, whether it be a Muslim or a non-Muslim state. Reciprocally, the state recognises the right to freedom of worship for all. The end-result therefore, is the preservation of Peace, that which is the very definition of Islam.

This is by no means an adequate overview of the Syariah of Islam. What is presented here is but an attempt to highlight the significance of the intertwining concepts of law and morality as well as to sketch a comparison between the law, the technical mechanism of a legal system, and the Syariah, the divine revelation of Allah s.w.t. Essentially, the Syariah inspires in the individual�s mind an enlightened conscience that calls for righteousness in the conduct of all human affairs for the benefit of himself and others, in this world and in the Hereafter. Indeed, the perfection of this system of law and morality translates to this: The laws of man seek to uphold the ideals of justice, but the law of Allah s.w.t. is perfect justice.

 ¹ per Lord Atkin, Donoghue v. Stevenson [1932] A.C. 562 (House of Lords)

 ² Singapore Statutes 1985 (Revised) Ed, Cap 353, section 85

1. Interpretation of the Meanings of THE NOBLE QU�RAN by Dr. Muhammad Taqi-ud-Din Al-Hilali and Dr. Muhammad Muhsin Khan
2. Syariah Law Journal 1985, �Shariah and Social Order � Experience of Modern World� by Hon. Mohamed Haniffa Mohamed pg.11
3. Syariah Law Journal 1985, �Shariah and Social Order� by Dr. Mohamed Abdul Rauf pg. 23