Classical fiqh, legal methods, old and new schools of jurisprudence, modern juristic opinions, constitutions, civil codes, international law, qanun (legislation), local customs, case law, and regulations, all these bodies of law constitute Islamic positive law. By contrast, as noted in prior chapters, the Qur'an and the Prophet's Sunnah are divine texts that comprise the Basic Code of Islam. The bodies of positive law and the Basic Code together form Islamic law. Islamic law is a broader term that includes both divine texts and positive law. Note again for purposes of clarity, however, that the Basic Code is the divine part of Islamic law; the Basic Code is not positive law. The divine part of Islamic law is permanent for all times, all nations, and all generations of Muslims. Islamic positive law can be modified and repealed. Islamic positive law is constantly evolving to meet new challenges of the Muslim condition. It may vary from nation to nation, time to time, and generation to generation. The immutable Basic Code and alterable Islamic positive law must never be confused with each other.

Philosophically, positive law represents human intelligence that regulates human affairs. Communities that do not believe in God or believe in several gods may establish intelligent laws to curb the arbitrariness of rulers, to regulate families and businesses, to forge prosperity, and to secure the people from internal strife and external aggression. God's Law revealed in divine texts is granted to human beings. God's Law precedes human intelligence. It is inaccurate to assume that God's Law is irrational or opposed to human rationality.