ISBN
978-977-85813-8-6
Author
Dr. Mohamed Wafik Zeinelabdin
Introduction
Dr. Rifaat Al-Awadi, Judge Mohsen Fadly, Dr. Abdullah Al-Musleh
Edition
2nd ed, 2023
Language
Arabic

The law of any nation is a mirror of its material, intellectual and social conditions, and if the law is supposed to be the source of happiness and revival of every society, as the philosophers of law say, it will not be so unless it fulfills their cultural, intellectual and material requirements and aspirations that are dictated by the nature of their religious and social environment, rather it will be a pity on them, and it will be a source of their misery and suffering, not their happiness and revival, for correct legislation is the result of the nation’s spirit and the result of its traditions and customs, since everyone is captive to his religious and social values ​​and principles.

 The most important results of reality and its implications is the invalidity of the human mind, to be a source of legislation. Day in and day out, history proves to us day after day that the structure of the mind is weak, feckless and easily scratched, tricked and fraud, as it is possible to provide a group of minds with faked and faulty  information, or to seduce them with corrupted and perverted delusions, so they easily fall in blunder, and driven to the apparent astray without any concern!!

Indeed, reality has proven that minds, when grouped, may be unable to search the tools, methods, attributes, phenomena of incidents, people’s forms and their appearances. While these minds have shown their ingenuity in dealing with the quantity of events, they have shown, in contrast, an unlimited helplessness in dealing with  their quality. As much as it is supposed that they use rational and logical thinking when they cooperate with each other, but rather they slipped in the abyss and pits of emotional, sentimental and imaginative delusional thinking without the slightest wisdom or insight.

 Reality has proven beyond a doubt that the application of man-made laws was and still the most important reason for the spread of crime and the increase in its rates and diversity in a way that did not exist at the time of our ancestors, and that these laws did not fulfill their role in meet the requirements of litigants, resolving their opponents, and settling their disputes. They have neither achieved a deterrence, nor have they completed suits, nor have they the rights to their owners recognized, but the so many loopholes that fill their structures  have led to tilt about right in rivalries, procrastination in procedures, frequent appeals, abstention from fulfilling rights and duties, increased injustice and aggression,  the prevalence of poverty, misery and deprivation, stirring up chaos and barbarism,  And spread the spirit of revenge and vengeance among the litigants.

 The validity of any legislation is decided on the basis of the validity of its values ​​and principles and its consonance with reality. Rational legislative policy must depend on elements that are homogeneous with the environment that controls it. If it is based on elements that are in inconsistent  with it, the link between the texts and their goals has been lost so that they do not lead to achieve their intended purpose, Considering that any legislative organization is not intended for itself, rather  merely a means to achieve its goals for controlling life and making people happy, and in this framework the merits of Sharia emerge which is from the Creator who is more knowledgeable about the conditions of his servants, and who knows what is in their goodness and what is their consequence, and it is distinguished from the man made law with features and characteristics that make it more worthy to follow and more deserving to apply, as its enactment is not controlled by opinions, and whims don’t  mess with its destination.

 Nothing more revealing that than man made law’s contradiction and inconsistency, those who sanctify the law and defend it, do not sanctify one thing and defend only one thing, as the law is multiple in its totalities as well as its parts, it’s even contradictory in its totalities as well as its parts, so which law do they call on peoples to respect and sanctify?  The law authorizing homosexuals’ marriage or the law that prohibits it?  The law that permits divorce between spouses, the law that restricts it, or the law that prevents it?  The law that permits adoption, the law that restricts it, or the law that prevents it?  The law that gives the inherited the upper hand in choosing who is inheriting him – even if it is a dog – or is it the law that limits and restricts his authority?  The law that uses the death penalty, or the law that restricts its images and situations, or the law that absolutely prohibits its adoption?  The law authorizing drinking alcohol, the law that restricts it, or the law that prohibits it?  The law that brings taxes and fees to a third, a quarter, or a tenth?  The law that approves granting those subjects interest on their money and deposits in return for safekeeping them, or the law that deducted from them in return for safekeeping them?

 Thus tens and hundreds of opposing and contradictory examples of laws, all of which are established by their makers, sometimes by reason and sometimes by experience.  We do not have a single law that can be respected or defended, but we are in front of tens and hundreds of different laws according to various systems of multiple countries, rather there is hardly a single human act for which all systems agree to a common punishment in addition to its criminalization, and this in itself violates the idea of ​​the law and its necessity.

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