A judge once ruled in favour of a wealthy merchant in a property dispute, despite clear evidence that the land belonged to a poor orphan. The judge’s justification was that the merchant had followed the proper legal procedures and had official documents on his side, even though those documents were obtained through manipulation. When the orphan cried out in protest, the judge responded coldly, “This is the law.”
In another part of the world, under a Shari’ah-based court, a similar dispute arose. This time, the judge began by reminding all present: “Allah is the true Judge, and this court is under His watch.” After investigating, it became clear that although the wealthy man had the paperwork, the orphan had been unjustly deprived. The judge ruled in the orphan’s favour, tore up the fraudulent documents, and said, “Justice is not a matter of paperwork; it is a matter of truth. In the eyes of Allah, oppression has no legal form.”
This anecdote reveals the contrast at the heart of Judge Oudeh’s argument: man-made laws often bow to formality, privilege, and technicalities, while Shari’ah begins with moral truth, divine accountability, and justice that transcends documents. Where one system says “the law is the law,” the other says, “the truth is above all.”
[Part 2]In his book Islam: Between the Ignorance of Its Followers and the Incompetence of Its Scholars (1978, Holy Koran Publishing House, translated by Khaled Farag from the original Arabic title al-Islām bayna Jahl Abnā’ih wa ‘Ajz ‘Ulamā’ih) judge Abdel-Qādir Oudeh argues that the decline of the Muslim world is not primarily due to external enemies or global conspiracies, but rather the result of internal decay: the widespread ignorance among ordinary Muslims and the alarming failure of religious scholars to fulfil their intellectual and moral responsibilities. The author laments how many Muslims blindly follow rituals without understanding the principles of their faith, while scholars often resort to outdated interpretations, political compromise, or personal gain rather than standing as courageous reformers and truth-tellers.Oudeh calls for a revival rooted in knowledge, sincerity, and responsibility. He insists that Islam is not inherently weak, nor is it incapable of guiding humanity—it is the negligence of its adherents and the moral cowardice of some of its representatives that have led to widespread stagnation. His tone is not one of despair but of awakening, urging both laypeople and scholars to return to the essence of Islam: a religion of justice, wisdom, and profound moral clarity.Judge Abdel-Qadir Oudeh (also spelled
AwdahorOdeh) was a distinguished Egyptian scholar, jurist, and reformist thinker of the 20th century, known for his deep expertise in Islamic law and his passionate defence of the Shari’ah. Born in 1903 in the village of Kafr El-Haj Sherbiny in the Dakahlia Governorate, Egypt, he memorised the Qur’an in his youth and pursued legal studies, graduating from the Faculty of Law in 1930, where he studied under renowned Islamic scholars such as Sheikh Abdul Wahhab Khallaf and Sheikh Muhammad Abu Zahrah.He joined the Egyptian judiciary, serving first in the prosecution and later as a judge. His brilliance as a legal mind soon elevated him to prominence. However, in 1951, he resigned from the judiciary to focus on legal advocacy and Islamic reform, establishing his own law firm.
Abdel-Qadir Oudeh was also politically active and closely associated with the Muslim Brotherhood. He played a significant role in resisting the authoritarian turn of the Egyptian government following the 1952 coup. He was instrumental in organising demonstrations in support of President Muhammad Naguib, which brought him into direct conflict with the rising military regime.
In the aftermath of a fabricated incident—the so-called El-Mansheya assassination attempt—Oudeh was unjustly accused despite not being present at the scene. Nevertheless, the regime, threatened by his influence and eloquence, sentenced him to death. He was executed by hanging on 7 December 1954, becoming, in the eyes of many, a martyr for truth and justice.He authored several important works on Islamic law, including Islamic Criminal Legislation, Islam and Our Legal Conditions, Islam and Our Political Conditions, and Money and Rule in IslamHis most enduring contribution, however, remains the book Islam: Between the Ignorance of Its Followers and the Incompetence of Its Scholars, a bold and piercing critique of the Muslim world’s internal decay.Judge Abdel‑Qādir Oudeh opens his book by denouncing the pervasive ignorance that afflicts so many within the Muslim community. He underscores how ordinary believers too often practice their faith mechanically, without a deep comprehension of its teachings or moral underpinnings. This spiritual deadlock, Oudeh argues, is far more destructive than external oppression.
Simultaneously, he critiques the scholars, pointing out that scholarliness in Islam was originally defined by sincerity, fear of God, and righteous action—not by prestige, lineage, or pedantry. He laments that many religious authorities today have allowed knowledge to become theoretical, even commodified, rather than living, transformative realisation. Instead of guiding the community towards wisdom and justice, too many scholars have adopted outdated interpretations or closed themselves off to the needs of the faithful. Oudeh’s opening chapter, therefore, serves as a powerful call to reclaim a vibrant, ethical Islam—one grounded in true knowledge and genuine practice.
Judge Abdel-Qadir Oudeh sets out the foundational principles and essential rulings that every Muslim should understand about Islam. He begins by lamenting that many Muslims, despite proudly identifying as followers of Islam, are profoundly unaware of its legal and moral framework. According to Oudeh, the Islamic Shari’ah encompasses a comprehensive system of belief, worship, legislation, politics, administration, and societal structure. It is not a piecemeal or compartmentalised religion—it is a holistic, indivisible way of life.
He explains that the Shari’ah is not only meant to regulate spiritual life but also worldly matters, from personal conduct to governance. There are two types of rulings in Islam: those concerning faith and acts of worship, and those that regulate social, legal, and political life. Islam, he argues, integrates both dimensions: the mosque and the state, personal piety and collective justice. He insists that any attempt to fragment or selectively apply Islamic rulings undermines the essence of Islam itself.He also contrasts divine legislation with man-made laws. Oudeh argues that while statutory laws evolve and adjust based on human limitation and changing needs, the Shari’ah was revealed by a Perfect Creator and is therefore complete, lofty, and permanent. He maintains that Shari’ah is superior in its moral force, its ability to govern across time, and in the internal motivation it inspires in believers. Whereas secular law only functions under threat of enforcement, Shari’ah operates with the deeper weight of divine accountability in both this life and the Hereafter.He concludes that scholars and rulers must never deviate from the complete application of Shari’ah, and he denounces the transplantation of European laws into Muslim lands, attributing it to colonisation, imitation of the West, and scholarly neglect. He warns that the selective application of Islam and the abandonment of its legal principles has led to social disorder, moral decay, and spiritual emptiness across the Muslim world.Judge Abdel-Qadir Oudeh asserts the dual purpose and comprehensive nature of Islamic legislation. He argues that the Islamic Shari’ah is not limited to regulating spiritual or ritual matters alone. Rather, its rulings are designed to govern both the internal, personal relationship between a believer and their Creator, as well as the external, collective affairs of society, including governance, economics, justice, and human interactions.The rulings concerning religion include beliefs, acts of worship, and moral obligations—guiding the Muslim in developing sincerity, spiritual discipline, and closeness to Allah. But Islam does not stop at the mosque. It extends into daily life, into the courtroom, into international relations, and into family matters. These worldly rulings are just as divine in origin and binding in practice as those regarding prayer or fasting.By uniting the sacred and the civic, Islam positions itself as a holistic system that cares not only for the salvation of the soul but also for the order and harmony of the world. Oudeh insists that this balance is essential—neglecting either side would disrupt the integrity of the religion. Thus, the rulings of Islam serve both realms: they elevate the soul towards Allah and ensure justice, welfare, and stability among humanity.Judge Abdel-Qadir Oudeh argues that Islamic law must be accepted and applied as a complete, unified system. According to him, it is not permissible for Muslims to selectively implement certain parts of the Shari’ah while ignoring or discarding others. This selective approach, in his view, compromises the integrity of the divine legal order and contradicts the Qur’anic instruction to submit wholly to Allah’s guidance.Oudeh supports this idea with Qur’anic verses that condemn those who believe in part of the Book while disbelieving in the rest. He believes that fragmenting the Shari’ah—by upholding only ritual or moral injunctions while abandoning political, criminal, or societal rulings—amounts to distorting the essence of Islam. The Shari’ah, in his conception, is not merely a menu of spiritual options but a cohesive legal and moral code meant to govern all aspects of life, from the individual soul to the structure of the state.Thus, the Rulings of Shari’ah are both a theological and legal warning, and indivisible. It serves as a rebuke to modern tendencies to treat Islamic law as adaptable only for private life while sidelining its public dimensions. Oudeh insists that full implementation is a religious duty and that any fragmentation is both intellectually dishonest and spiritually dangerous.Judge Abdel-Qadir Oudeh describes that Islamic law is not limited by geography, race, ethnicity, or historical circumstance. It is not a system tailored to one people, one region, or one era. Rather, it is a divinely revealed legal and moral order designed to guide all of humanity across all places and all times. Oudeh emphasises that the universality of the Shari’ah is one of its greatest strengths—it is applicable to any society because it is based not on human whims, but on divine wisdom.He stresses that the Shari’ah’s rulings were not made for Arabs alone, nor were they confined to the historical conditions of 7th-century Arabia. They are meant to be implemented wherever Muslims live, whether in Cairo or Kuala Lumpur, Lagos or London. Its teachings on justice, governance, social responsibility, and personal conduct are universally relevant because they are rooted in human nature and moral truth, not cultural particularity.Oudeh also points out that the Shari’ah doesn’t merely tolerate diversity—it was designed with the understanding that societies differ. That’s why it includes general principles alongside specific rulings, allowing it to adapt within bounds. The flexibility within the framework of Islamic law is a feature, not a flaw. So, when he says that Shari’ah is “global,” he is challenging those who see it as archaic or limited to a bygone age, affirming instead that it holds timeless relevance and moral clarity for the entire world.Judge Abdel-Qadir Oudeh reinforces the belief that Islamic law is divinely perfected and not in need of human amendment or supplementation. He argues that the Shari’ah, as revealed through the Qur’an and Sunnah, contains all that is necessary for regulating the affairs of individuals and society—spiritually, morally, legally, and politically. Unlike man-made laws, which are continuously revised due to their inherent limitations and the shifting values of human societies, Shari’ah is based on divine wisdom that transcends time and culture.Oudeh stresses that the completeness of the Shari’ah means it addresses all aspects of life, offering a holistic framework—from personal ethics and worship to criminal justice and governance. It is not static in the sense of being rigid, but it is permanent in the sense of being eternally valid. Its general principles, adaptable methodologies (like qiyās and ijtihād), and moral foundations allow it to guide changing societies without losing its divine essence.He is critical of those who suggest that Shari’ah is outdated or unsuitable for modern life. For Oudeh, the very idea of needing to “update” Shari’ah reflects a misunderstanding of its origin. It is not a legal code drafted by a parliament, but a comprehensive guidance from the Creator. To treat it as incomplete is, in his view, an act of intellectual arrogance and spiritual betrayal. Its permanence is not a weakness, but a testament to its perfection.Judge Abdel-Qadir Oudeh draws a sharp and unapologetic contrast between divine Islamic law and human-made legal systems. He argues that the Shari’ah originates from Allah—the All-Knowing, All-Wise Creator—whose guidance is absolute, flawless, and eternal. Therefore, the Shari’ah is not subject to the limitations, biases, or ignorance of human intellect. Its rulings are rooted in divine justice and comprehensive knowledge of the human condition.In contrast, secular legal systems are the product of human reasoning, debate, political interest, and social compromise. They are constantly revised because they are incomplete, reactive, and based on changing societal norms. Oudeh argues that man-made laws are often driven by material interest, public pressure, or political power—not by an unshakable moral compass. As such, they may fail to deliver true justice, especially when personal or national interests override ethical considerations.Oudeh emphasises that the source of Shari’ah gives it a moral weight that man-made laws can never attain. While civil law relies on external enforcement (like police and punishment), Shari’ah motivates believers internally, through faith in God and accountability in the Hereafter. He sees this divine origin as the foundation for a superior, more just, and more consistent legal framework. In his view, the perfection of Shari’ah lies precisely in its divine source—whereas the imperfection of human law lies in its human origin.Judge Abdel-Qadir Oudeh explains and asserts that the Shari’ah is not simply a legal code—it is a comprehensive system rooted in divine revelation, encompassing faith, worship, morality, social ethics, and governance. It flows from a theological worldview, where law is inseparable from belief, and every action is judged not only by legal standards but also by spiritual accountability before God.On the other hand, the nature of secular law, as Oudeh describes, is narrow, procedural, and compartmentalised. It tends to isolate legality from morality, and often views human behaviour solely through the lens of compliance or violation. The law in this sense governs actions, but not intentions. It is enforced externally—by courts, police, and punishment—rather than through internal conviction or conscience.Oudeh emphasises that the Shari’ah governs both the seen and unseen aspects of human life. It doesn’t only regulate what people do—it also concerns why they do it, and how their hearts relate to God and society. Shari’ah unites law and soul, duty and devotion. It cultivates a consciousness that no secular law can replicate: a sense of being watched by Allah even in private, a commitment to justice not out of fear of penalty but out of love for truth.Thus, the “nature” of Shari’ah is fundamentally different because it is simultaneously a legal, moral, and spiritual order. It does not reduce humans to legal subjects—it elevates them as moral beings with sacred purpose. This, for Oudeh, is the essence of why Islamic law cannot be judged by the same standards as secular law—it lives in a different moral universe.In his comparison of “The main differences between Shari’ah and law,” Judge Abdel-Qadir Oudeh outlines several foundational contrasts, three of which stand out prominently: the source, the scope, and the motivation behind each system.Firstly, Oudeh stresses that the source of Shari’ah is divine. It originates from Allah through the Qur’an and the Sunnah of the Prophet ﷺ. This divine source ensures that its principles are perfect, eternal, and free from human error or manipulation. In contrast, the source of man-made law lies in the collective decisions of parliaments, legal theorists, or rulers—people subject to bias, limited knowledge, and changeable interests. This human origin makes secular law inherently unstable and susceptible to corruption or pressure.Secondly, he highlights the scope of Shari’ah, which is holistic and all-encompassing. It governs not only criminal acts and civil disputes but also beliefs, worship, family life, personal behaviour, and societal ethics. It binds the public and private spheres together in a single moral-legal framework. Secular law, on the other hand, has a narrower scope. It concerns itself primarily with external behaviour—what is observable and enforceable by state institutions—and largely ignores matters of the heart, belief, or conscience.Thirdly, Oudeh draws attention to the motivation that drives obedience. In Shari’ah, a believer obeys not merely to avoid punishment, but out of love for God and fear of divine accountability. The system instils internal motivation: taqwā (God-consciousness), sincerity, and moral self-discipline. Meanwhile, secular law relies on external enforcement. People obey because they fear police, fines, or imprisonment—not necessarily because they believe in the righteousness of the rule.These three distinctions—origin, scope, and motivation—form the backbone of Oudeh’s argument that Shari’ah operates on a fundamentally different plane from man-made law. It is not simply another legal system; it is a divinely inspired moral order intended to elevate human beings in both this world and the Hereafter.
