Devine Edicts And Societies
In my understanding, Allah has given us a set of parameters to deal with the business of riyasat/govt that is وَ اَمۡرُہُمۡ شُوۡرٰی بَیۡنَہُمۡ Now we human/govt can set up any appropriate system on that basis e.g., democracy. Similarly in marriage, a family unit system, a framework has been provided to us. For example, wife’s right of divorce (khula) is that she will demand for divorce. Now, we can achieve it in different ways as I think it has been set differently in different Muslim countries. Like Ghamidi Sb suggested the Govt can set a date of divorce (for example 3 months) – if a husband doesn’t give a divorce and creates problems for his spouse, then after 3 months divorce will be granted as per law of the country (it’s my understanding of Ghamidi Sb’s point of view here). In the laws of inheritance, we shouldn’t underestimate the power of will God has granted us, a great flexibility. So, in my opinion Allah has given us a framework (Divine command) but we can work around their applications according to our circumstances, but the basics of the Sharia will stay intact. If we find that our law is not good enough, we can (should) revise and try to make it better on our intellect/needs and change in the society. Ref: 42:38 – and their system is based on their mutual consultation وَ اَمۡرُہُمۡ شُوۡرٰی بَیۡنَہُمۡ