Shari'ah is generally in the common parlance taken to be the divinely revealed or canonical law of Islam. The verb Shari'ah means to introduce, enact, prescribe, give or make laws. Literally, Shari'ah is the right way of life also called 'din' or 'minhaj' of equality, brotherhood, honesty, freedom, justice, goodness and struggle against forces of evil and injustice.
For the Qur'an, thus righteousness and piety do not lie in observing external rituals without adhering to the higher values of life-equality, freedom justice, helping the needy, the poor and the oppressed, telling the truth forbearance, perseverance, patience, courage and fortitude.
The concept of Shari'ah in the Quran, is original or revolutionary in the sense of higher values which are the chief character or ethos, spirit or moral essence of the original Muslim Community, the ideals, the normative principles which guide and lead it to good, balanced and perfect social life. In the literal "sense, Shari'ah is the way or path which needs to be followed in letter and spirit and without which human life cannot subsist and survive.
Similarly, without the higher values, and normative ideals no society can survive. The principles or goodness, equality, courage, freedom, justice, honesty and sincerity are the sources of a balanced and good life. They constitute the correct way of life. This concept which the Holy Prophet (peace be upon him) and the Prophets preceding him implemented in their contemporary communities by giving concrete laws, rules, commands and prohibitions within the parameters and paradigms of these broad values of principles, and ideals.
In the juristic conception of Shari'ah as a ritual, a legally prescribed rule or regulation, the nexus between rituals and higher values was cut off because social control under feudal hierarchical order meant ritualistic and legalistic facade under which the social differences, inequalities and antagonisms were concealed.
This created tension between higher ideals of Islam (equality, freedom) and the actual, concrete reality of everyday laws and rules under the regime of feudalist relations between kings and subjects, lords and serfs, masters and slaves.
This tension tends to disrupt the moral fiber of the Muslim Community because it leads to situation in which more emphasis is laid on the legalistic performance of rituals than on the essential moral values of truth, social equality, human freedom, courage, honesty and fellow feeling the values for which Islam stands.
But in our country it suits the interests of ruling elites which interprets Islam as a ritual for social control of the general masses, women and weaker, lower classes and not as an egalitarian principle for emancipating them from an exploitative social and economic system, such as semi feudalism and neo-colonialism.
The term "welfare of the people" is on everybody's lips in Pakistan. But the business community, the industrialists, the corporations, the professionals, the budget framers and the policy makers, do not put the welfare of the people above self-interest.
Whatever the form of taking excess profit and exploiting the people's needs, the devices, ancient or modern, of corruption and of commercial malpractice fall under the ban imposed by the Holy Book against "Short measure and weight" and "withholding people's dues and "committing mischief on earth as corrupters."
It is obvious that the misdemeanor and mischief here described, has forms, methods and ramification which in the modern commercial and even political aspects and context, boggle one's imagination. It will cover not only profiteering, hoarding, black-marketing but also speculation, betting, gambling, discriminatory taxation, bribery, nepotism and every imaginative form of corruption.
Is not, then what modern ideas hold as prosperity and development full of such pitfalls as excess in commercial, industrial, financial and even in political practices so blatantly indulged in by the societies of the world? Do we, being Muslims, ever realise that our society is becoming notorious for corruption and malpractices of every sort.
The people of Madyan who indulged in corruption and commercial malpractices have their story related in Surah "Hud". The eleventh of the Holy Qur'an. The general theme of the Surah can be summarised as follows:
"People who have rejected the teaching of their Prophets had come to a disastrous end. So, establish your life-system in implicit obedience to the doctrines preached by the Prophets and a sense that every individual and nation is accountable, in the hereafter, for deviations from that teaching. The present is the time to reflect and reform and if neglected dire consequences are to follow even in this world."
Allah in His book has shown that corruption, commercial malpractice, self interest and temptation is not a natural response between two human beings who deal with each other unless their natures have become warped and distorted. The ever-watchful Allah will see the innermost motive of the corrupter and profit taker.
In Islam there is not such thing as an inherited or inherent disposition to a life of sin. This is so when a man constantly suppresses his first natural response to any situation when he is called upon to act or more. Sin is a habit formed by oneself through weakness and if one is a little alert on this score to hear one's first natural response one can never be tempted out of natural, reasonable and good intentioned reaction in any set of circumstances calling for this positive response.