Difference between Islamic and Liberal Approach

One of the issues discussed nowadays is that only minimum effort must be made in the enactment of law. This is the liberal approach which believes that the legislature is not supposed to interfere in the life and affairs of people because the less the interference, the more society will progress.
The above approach has a sociological underpinning based on one of the two viewpoints discussed in sociology. The first viewpoint maintains that laws must be comprehensive and encompass all spheres of human life and that freedom must be at minimum level. The second viewpoint propounds that the individual should enjoy maximum freedom and social laws must be at minimum level in order to limit their infringement on man’s freedom. That which is prevalent in Western society today is exactly this individual-oriented approach from which liberalism has emanated which holds that laws should be at the minimum level while people enjoy maximum freedom and do whatever they like.
Before stating the Islamic viewpoint, it is worth mentioning that the issue of maximum or minimum scope of law has something to do with some fields of social sciences such as philosophical sociology (individual-oriented or society-oriented), moral philosophy (the criterion of moral values, morality and its values above law or determined by law), legal philosophy, and political philosophy.
According to Islam, all aspects of human life are connected to their ultimate destiny. That is, any effort exerted in this life will affect our eternal bliss or perdition. The Islamic perspective is that “This world is the sowing field for the hereafter.” In other words, whatever man sows in this world will be reaped in the hereafter and will either lead to his success, or wretchedness and damnation.
If we take this perspective as authentic, is there anything in the life of man which is not in need of law? Here, law has to show the way, method and approach that will enable man to reach his goal. That is, if society yearns for security, no one should have the right to encroach upon the property and dignity of people; otherwise, his property and dignity will also be assaulted. It should not be that:
ببرى مال مسلمان و چون مالت ببرند
%%%داد و فرياد برآرى كه مسلمانى نيست)
You take away Muslim property, but when they take yours,
Raise a hue and cry, “This is not a Muslim practice!”
Man is selfishly profit-oriented by nature. He leaves no stone unturned by hook or by crook to gain profit, but once his interests are threatened, he seeks refuge in law. So, in order to remove contradictions and conflicts and foster cooperation and security in society there should be law that deters us from oppressing and encroaching upon others, defines the rights of everyone, specifies the bounds of justice and oppression on the basis of which people know which acts are considered just and iniquitous. Otherwise, all rights will be violated by all, and as a result, neither security nor tranquility, peace of mind nor otherworldly felicity will remain, and no one will achieve his innate goals.
In the Islamic perspective, therefore, all our movements and pauses, whether in individual and family life or social life and even international relations, follow an order and rules. Islam has a legal code for all aspects of human life, legal and social laws included. Islam even has a law regarding man’s imagination and thought, saying that a person has no right to keep in his heart whatever he or she likes, entertain any fancy in his or her mind, and think ill of others—“Indeed some suspicions are sins.”[18][103]
Just as non-observance of health tips leads to sickness, endangering the wellbeing of individuals and society, society will also be destroyed for not observing Islamic rules.
What has been said is that no aspect of human life is beyond the scope of Islamic laws and that man should control even his heart and mind but it does not mean obstruction of man’s freedom. It rather means showing him the correct use of freedom and lighting a torch along his path so that he can rightfully enjoy his freedom. Of course, as long as they are not related to man’s social life, these laws do not stipulate penalty in this world but only chastisement in the hereafter. However, if there is a violation of social rules and laws, and social interests are trampled upon, penalty in this world shall be taken into account.
In reality, penalty in this world is a requisite of all legal laws and it is not confined to the legal laws of Islam only. Every legal system that wants to enact laws for the maintenance of order and social security has no option but to consider a set of penalties for violators and offenders. This is because social life can not be established without laws that restrict individual freedom and liberty. As social relations increase and expand, the need for social laws and their guaranteed implementation will also increase.
Author: Muhammad Taqi Misbah Yazdi
Source: Imam reza network