Shariat Allah la Shariat al-Bashar
- Author died
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- Editions
- Dar Al-Khulafa' Al-Rashidin
Shariat Allah la Shariat al-Bashar (The Law of God, Not the Law of Man) is a contemporary treatise by the Egyptian author Shehata Saqr, advocating the comprehensive implementation of Islamic law and critiquing secular and man-made legal systems.
Background and Context
Bearing the subtitle Hatta La Taghraq al-Safina ("Lest the Ship Sink"), the book addresses the role of Islamic jurisprudence in modern governance, focusing particularly on Egypt. It was composed in response to contemporary political debates surrounding secularism, the civil state, and calls to weaken or repeal constitutional provisions referencing Islamic law. To support its thesis, the text draws on Quranic verses, prophetic traditions, statements from prominent religious figures such as Muhammad Mutawalli al-Sha'rawi and the former Grand Imam of al-Azhar Jad al-Haqq Ali Jad al-Haqq, and resolutions issued by the Islamic Fiqh Academy of the Organization of Islamic Cooperation.
Key Themes and Arguments
Divine Sovereignty and Legislation
The work argues that legislation is an exclusive divine prerogative rooted in Islamic monotheism (tawhid), maintaining that adherence to God's rulings is mandatory for both rulers and citizens across all aspects of life, including political, economic, and social domains. Saqr rejects secular and democratic frameworks that vest absolute legislative authority in popular consensus rather than divine revelation, arguing that Islam does not permit a separation between religious and temporal affairs or between religion and the state. The treatise also expounds on the concept of jahiliyya (pre-Islamic ignorance), defining it not as a closed historical era but as any condition in which human beings rule by human-made laws rather than divine revelation.
Article 2 of the Egyptian Constitution
A substantial portion of the text addresses Article 2 of the Egyptian Constitution, which designates the principles of Islamic Sharia as the principal source of legislation. Incorporating legal commentary, the book examines the historical evolution of the article, including its 1980 amendment under President Anwar Sadat, as well as rulings by the Supreme Constitutional Court regarding the article's prospective application and the status of older statutes. It warns against any weakening or repeal of the clause, arguing instead for the active harmonization of all Egyptian laws with Islamic jurisprudence.
Religious Minorities and Objections
The author addresses the status of non-Muslim minorities under Islamic governance, arguing that historical Sharia rule afforded security and autonomy to Christian communities, such as Egyptian Copts, notably within their own personal status matters like marriage and divorce. The work also contains dedicated sections addressing and refuting common objections and doubts (shubuhat) raised against the modern implementation of Islamic law.
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