By Muhammad Muhammad Salisu, Esq.
One of the fundamental differences between Islam and Christianity is the extent to which their revealed texts regulate human life beyond matters of personal faith and morality.
Islam is described as a Deen, a complete way of life. This is not merely a theological slogan. The Qur’an and the Sunnah contain guidance on matters ranging from worship and personal conduct to marriage, divorce, inheritance, contracts, finance, crime, governance, international relations, war and peace.
Christianity, particularly as centred on the New Testament, does not contain a comparable comprehensive legal system for civil, commercial and criminal affairs. This distinction should, however, be stated carefully. It does not mean that Christianity has no law, nor does it mean that Christians have no sophisticated legal or ethical tradition. The Old Testament contains substantial legislation, while Christianity later developed canon law and natural law traditions. The real distinction lies in Christianity’s theological relationship with that earlier law.
1. Sharia and Fiqh
It is important to distinguish between Sharia and Fiqh.
Sharia refers to the divinely revealed path, while Fiqh is the human scholarly effort to understand and apply that revelation to particular circumstances. This explains why different schools of Islamic jurisprudence can arrive at different rulings while relying upon the same revealed sources.
The principal sources of Islamic jurisprudence include the Qur’an, Sunnah, Ijma and Qiyas, supplemented in different schools by principles such as maslahah, istihsan, istishab and urf.
The significance of this is that Islam does not place worship in one compartment and worldly affairs in another. Classical Fiqh deals with both ‘ibadat, such as prayer, fasting, Zakat and Hajj, and mu’amalat, such as contracts, marriage, commerce, crime, governance and war.
2. Marriage, Divorce and Family Law
The Qur’an does not merely tell Muslims to marry and behave morally within marriage. It provides actual rules.
It addresses the mahr, divorce, the waiting period, reconciliation, maintenance, breastfeeding and other family matters. Fiqh subsequently develops detailed rules concerning custody, guardianship and maintenance.
This is a significant distinction. The Qur’an contains legislation which is then developed by jurists into an extensive body of family law.
3. Islamic Inheritance Law
Perhaps nowhere is the legislative character of the Qur’an more obvious than in inheritance.
Qur’an 4:11, 4:12 and 4:176 prescribe specific shares for heirs, including children, parents and spouses. Muslim jurists subsequently developed ‘ilm al-fara’id, the specialised science of inheritance, including detailed mathematical rules for complicated estates.
In other words, inheritance in Islam is not left entirely to personal preference or general moral instruction. There is a revealed framework determining who inherits and in what proportion.
4. Commerce, Contracts and Finance
Islamic revelation also regulates economic activity.
Qur’an 2:282, the longest verse in the Qur’an, deals with the documentation of debts and witnesses. Qur’an 5:1 commands believers to fulfil contracts. The Qur’an also prohibits riba and establishes broader principles governing legitimate commercial transactions.
Islamic jurisprudence consequently developed an extensive law of transactions covering sales, partnerships, uncertainty, debt and other commercial matters. Modern Islamic finance has extended these principles to contemporary instruments through juristic reasoning and ijtihad.
5. Criminal Law
Islamic jurisprudence also contains a developed criminal-law structure.
Hudud concern certain offences for which specified punishments are prescribed. Qisas and diya deal with homicide and bodily injury, while ta’zir covers offences for which punishment is left to judicial or governmental discretion.
The classical law also developed demanding evidential standards, particularly in relation to certain hudud offences.
Whether one agrees with every aspect of classical Islamic criminal jurisprudence is a separate question. The point here is simply that a criminal-law framework exists within the Islamic legal tradition.
6. Governance and Public Affairs
Islamic revelation also addresses governance.
The Qur’an speaks of authority, consultation and justice, while the political experience of the Prophet Muhammad ﷺ in Madinah provided an actual historical model of governance.
The Constitution of Madinah, the Prophet’s agreements with different communities and later works of Muslim jurists such as al-Mawardi demonstrate the development of an Islamic political and legal tradition.
7. War, Peace and International Relations
Islamic sources also contain rules concerning armed conflict, treaties and relations with other communities.
The Qur’an prohibits transgression in warfare, encourages peace where the opposing side inclines toward peace, and provides protection for a person seeking safety. The Sunnah and early Muslim practice further developed principles concerning non-combatants, treaties and prisoners.
The classical work of al-Shaybani on siyar is particularly significant in the development of Islamic rules concerning international relations.
What About Christianity?
A fair comparison must begin by acknowledging that the Old Testament contains a substantial body of law.
The Torah contains rules dealing with criminal law, inheritance, divorce, debt, land, kingship, warfare and other matters. In that respect, the Old Testament is considerably closer to the Qur’an in legislative scope than the New Testament is.
The crucial issue, therefore, is not that “the Bible contains no law.” That would be historically inaccurate.
The real issue is Christianity’s relationship with the Mosaic law.
The New Testament presents a different orientation. When Jesus was asked to intervene in an inheritance dispute, he declined to act as an arbiter. When questioned about taxation, he distinguished between obligations to Caesar and obligations to God. He also declared that his kingdom was not of this world.
Paul’s writings further demonstrate the shift in the Christian understanding of Mosaic law. Acts 15 records the early Christian decision that Gentile converts were not required to observe the full Mosaic legal code.
Consequently, while the New Testament contains important moral and ecclesiastical instructions, it does not provide a comprehensive revealed code dealing with inheritance, commercial contracts, criminal procedure, taxation, international treaties and governance in the manner Islamic jurisprudence does.
But Christianity Developed Canon Law
This point must not be ignored.
As Christianity became established within the Roman Empire, the Church developed an extensive legal tradition dealing with marriage, clerical discipline, church property, heresy and other ecclesiastical matters.
Canon law became highly sophisticated, and thinkers such as Augustine and Thomas Aquinas developed major Christian traditions concerning natural law, morality and just war.
But the method is different.
Islamic jurisprudence principally develops its legal framework from the Qur’an and Sunnah through recognised juristic methodologies. Christian natural-law thought, by contrast, relies substantially upon reason and philosophical reflection on general principles, while canon law involves ecclesiastical legislation and historical legal development.
The Real Distinction
Therefore, the strongest argument is not that Christianity has no law.
That would be an oversimplification.
The stronger and more accurate argument is this:
Islam developed as both a religion and a community with a legal and political order, and its revealed sources consequently addressed both man’s relationship with God and his relationships with other human beings.
The Qur’an and Sunnah provide principles and rules concerning worship, family, inheritance, commerce, crime, governance, war and peace. Islamic jurists then developed those principles into an extensive jurisprudential tradition.
Christianity developed under substantially different historical circumstances. Jesus did not establish an independent political state, and the early Christians lived for centuries as a minority within the Roman Empire. The New Testament therefore did not develop into a comprehensive civil and criminal code.
This does not make Christianity morally inferior, nor does it make every aspect of Islamic jurisprudence automatically correct merely because it is Islamic.
It simply means that the two traditions have fundamentally different relationships between revelation, law and society.
Islam presents revelation as guidance for both the mosque and the marketplace, both the family and the courtroom, and both personal morality and public affairs.
That is what Muslims mean when they describe Islam as a complete way of life.
And that claim is not merely theological rhetoric. It is reflected in the structure and content of the Islamic sources themselves.
Muhammad Muhammad Salisu, Esq., wrote via muhammad.writes01@gmail.com.
