Fundamental Character

English: A green version of http://commons.wikimedia.org/wiki/Image:Allah-eser2.jpg (Photo credit: Wikipedia)

Rules of Shariah are very simple, understandable and practical in nature. No complication is involved. A person of ordinary prudence can easily develop understanding of laws and rules. This is not the case with the manmade laws, sometimes these laws are so complicated that lawyers and jurists get serious difficulty to interpret and understand the law which is of their own creation. Proper understanding of the law by a common man is very important; it affects practicality of a rule if not clear.

Islamic rules are easy to practice and easy to follow. Often laws made by men are difficult to follow in their nature. Such laws are just piece of paper a decoration in the law books, an exercise in vain. Study of ground realities, social conditions economic and political situation and aspirations of people do play an important role to produce a purposeful legislation.

Islamic legal framework inherently ensures justice in its body of laws and rules. Most of the existing legal systems in the world fundamentally derive their rules from continuous past practices of the people. Conventions and traditions prevalent among the people form foundation of the law. This is the reason that common law system is called law of a common man, because it takes its roots from the practices and habits of common people.

Point to emphasis is that all the practices of the past did not confirm to the principles of justice. Most of these past practices were not only violating the universally accepted and well defined principles of justice they were also inhuman and coercive in nature, as the custom of sati and class system practiced in Hindu society. In the western societies discrimination on the basis of race and colour was under practice till late 20^th century. With the passage of time such customs and traditions were examined by the men of law. This process of scrutiny continued for thousands of years and after hard struggle of jurists and judges these practices of the people were brought to in conformity with the norms of justice. In this exhaustive process inhuman and cruel practices either disappeared or discontinued by express provisions of the law through enactments or legal declarations. New rules were framed in the light of the verdicts of judiciary.

Justice is foundation of Islamic legal system, inbuilt and essence of the basic structure. The Holy Qur’an and sayings of the Holy Prophet (Peace be upon him), provided well explained rules of justice and equity.

“O believers! Standout firmly for justice as witness to God, even as against yourselves or parents and relatives, whether against the rich or the poor, for God protects both.” (4:135) 

“When you judge, judge between them with equity, verily God loves those who act with equity.” (5:45

Conceptual Framework of the Holy Qur’an

English: 11th Century North African Qur’an in the British Museum (Photo credit: Wikipedia)

Conceptual framework of the Holy Qur’an is very clear and accepts no discrepancies and contradictions. The Holy Qur’an was revealed during twenty three years according to demand and need of the occasion. This is a long time; it is not possible for a human being not to change his early views and what he said before at different occasions, in the past life. The fact that no contradictory statement is found is stated in words:

“Do they not consider the Qur’an (with cares)? Had it been from other than God, they would, surely have found therein much discrepancy” (Al-Nisa: 82)

The fact that the Holy Qur’an does not show any discrepancy and contradictory statement, although it was revealed gradually in pieces during a long time, is highly important, to judge credibility of the Holy Qur’an as word of God and a source of eternal guidance from Almighty the Creator. It is not possible for a human being to be so consistent and accurate for so long and not to experience any change in his ideas. It is practice world over parliaments when legislate, they take years to enact a peace of legislation. Legislators spend decades to give final shape to a law. Lengthy and exhaustive discussions are undertaken before making a law. Highly qualified legal experts are engaged in law making exercise. It is not a one-man job, a number of people are involved in this process of law making. Trained draftsmen are engaged to give, final touches to the language and sequence of the law. In this case one person is singly handling all the jobs? He is taking care of the language. He is showing expertise in law. His concepts about civil and criminal liabilities are very clear. He has clarity to deal with religious, legal and moral issues distinctly. He very well knows about limits of law and morality. Legal standard and values of law provided by him remain unchallenged by the world jurists. Concepts of rights and obligations, declared by him, get universal acceptance. Principles of law given by him are acceptable to the whole world, consciously or unconsciously. He did not know how to write. He simply dictated, and what he dictated that was final, he did not need to change it.

He is not only well versed in technicalities of law making; he knows what a law “should be”. Legal philosophers spent centuries to answer these two simple and innocent words. He takes moments to say what “should be” and “what should not be”. He did not discuss a matter years to declare a law. He did not involve his colleagues in this exercise of law making. He had big brains around him. He had well trained administrators at his disposal. He had renowned warriors with him, but as regards law making, that was his prerogative. Nobody helped him to explain the subject. Nobody advised him on complicated issues of legal research and philosophy of law making.

Is it possible for human being to do all this? A job for which generations are needed to evolve ideas. A number of experts are required to undertake the job. Legal scientists take centuries to make it clear, what is law and what is morality. Jurists take decades to make a distinction between different legal values. Scientists take years to formulate theories. On all these concepts and ideas his vision is clear from very beginning, standards given by him are unchallenged. Legal norms, values and principles of justice he gave fourteen hundred years before are the same what are known to the world now. The concepts of human rights, human values and human dignity are unalterable. These facts prove one thing that the source of the revelation and his knowledge is Almighty Allah, all Powerful the Sustainer of heavens and earth.

 “He is, Who has sent His Apostle with Guidance and the True Religion, to proclaim it over all religion and enough is God as a Witness.” (48:28)

The Holy Qur’an predicted.

“The Roman Empire has been defeated in a land close by: But they, after (this) defeat of theirs will soon be victorious within a few years, with Allah is the Decision, in the past and in the future: on that Day shall the Believers rejoice” (Al-Room: (2-4)

In this verse the Holy Qur’an made a prediction that within few years Romans will be getting victory over Persian Empire. The defeat “in a land close by” refers to Syria. Jerusalem was lost in 614-15 A.D shortly before this Surah was revealed. Quraish of Makka was happy at the defeat of Romans by Persia. These verses warned them that their rejoicings would prove as temporary and soon the Roman Empire shall be victorious. The prediction turned into reality at the battle of Issues in 624 A.D when Heraclius defeated Persians.

The Holy Qur’an says:

“And if you are in doubt, as to what we have revealed from time to time to our servant. Then produce a Surah like there unto” (Al-Baqara:23)

Another verse says:

“Say (O) Muhammad! Verily, though all the men and Jinn struggle together to produce the like of this Qur’an, they could not produce the like thereof though they were helpers of one another” (16:88)

In these verses a challenge was made to the people of Arabia who were proud of their qualities of language and eloquence. That they being so good in poetry and prose they would have coined a few verses like the verses in the Holy Qur’an, but this challenge remained unanswered. No one among the Arabs or non-Arabs has ever produced a verse like the one in the Holy Qur’an. Even joint effort by men and Jinn will not be successful if they join hands to complete the task.

The following verses of the Holy Qur’an give revealing information about the stages of development of human child in the womb of mother.

“(God) created you in stages” (71:14)

“O man! Who deceives you about your Lord the Noble, Who created you and fashioned you in due proportion and gave you any form He willed” (82:6)

“Then we placed (him) as a small quantity (of sperm) in a safe lodging firmly established” (23:13)

“O mankind! If you have a doubt about the resurrection, (consider) that we created you out of dust, then out of sperm, then out of a Leach-like clot, then out of a morsel, partly formed and partly unformed, in order that we may manifest (our power) to you”. (Al-Hajj-5)

It may be noted that when the verses of the Holy Qur’an were revealed knowledge regarding stages of development of a child was not available to mankind. Medical science was still silent on the subject. It was only in eighteenth century that discoveries were made in this regard, only to discover that what the Holy Qur’an said long time ago, it was correct word by word.

ocean (Photo credit: Stephen Edgar – Netweb)

The Holy Qur’an describes a unique situation in the oceans and says:

“Or (the unbelievers state) is like the depths of darkness in vast deep ocean, over-whelmed with one wave topped by another wave, over which (hang) (dark) clouds: layers of darkness, one above the other: if a man stretches out his hand, he can hardly see it! For any to whom Allah gives not light, there is no light.” (Al-Noor: 40).

This verse of the Holy Qur’an describes situation of depths and darkness in deep-sea waters. The fact is that Prophet (Peace be upon him) never took a journey using sea routes by a boat or a ship. He never even visited seaside and observed movements of waves in the high seas. Some of the travelers when they knew the fact they accepted truth of message of the Holy Qur’an and embraced Islam. Observing that “we spent traveling the whole of our lives in the oceans and still unable to describe the situation in the ocean, the way it was explained in the Holy Qur’an, How a person who never undertook a journey through ocean can describe the state of darkness and position of waves in deep waters so accurately, in such an elaborate way?” Another such traveler observed; Muhammad was a great traveler, but when he knew the fact he did not hesitate a moment to accept reality of Islam.

Misconceptions about the creation of the universe were cleared. The Holy Qur’an says:

“It is Allah who has created the heavens and the earth and all between them in six days” (Al-Sajda:4)

Generally it was believed that day is equal to twenty four hours and six days which simply means one hundred and forty four hours (144). In the following verses, wrong notions about the heavenly concept of the day were cleared:

“He rules (all affairs) from the heavens in the earth: in the end will (all affairs) go up to Him on a Day, its length will be, a thousand years of your reckoning: (Al-Sajda:5)

“The angles and the Spirit ascend unto him in a day the measure whereof is (as) fifty thousand, years: (Al-Maarij-4)

Two measures have been mentioned as “thousand years and fifty thousand” years. Point which the Holy Qur’an clarifies that heavenly concept of the “day” is different from what we understand. It involves long periods. Six days simply means, six very long periods (minimum three hundred thousand years). Not 144 hours as it was generally believed, on the authority of previous religious books. Modern scientific discoveries on the subject confirm that very long periods were involved in the creation of the universe.[1]

An example of Allāh written in simple Arabic calligraphy. (Photo credit: Wikipedia)

The Holy Qur’an in the following verses describes the creation of universe and declares water to be the origin and source of all living objects.

“Then, He turned to heaven when it was (in the state of) smoke and said to it and to the earth: come willingly or unwillingly! They said: we come willingly obedient” (41:11)

“Do not the Unbelievers see that the heavens and the earth were joined together before we clove them asunder? We created from water every living thing. Will they not then believe” (Al-Anbya:30)

The above verses of the Holy Qur’an talk about two things:

1. Creation of heavens and earth that was in two stages, first step was creation and second stage was making of separate entities and giving them specific distances.
2. That the source of every living thing is water.

All the scientific discoveries on these two subjects conform the facts stated in the above verses of the Holy Qur’an.

A number of verses in the Holy Qur’an deal with the hard scientific facts revealing all that which was unknown to mankind before. Some facts relating to the wonders of ocean life are described here.

“God has made the ship subject to you, so that it runs upon the sea at His Command” (14:32)

“God is the One Who has let free the two seas, one is agreeable sweet, the other salty and bitter. He placed a barrier between them, a partition that it is forbidden to pass.” (25:53)

“The two seas are not alike. The water of one is agreeable sweet, pleasant to drink. The other salty and bitter” (35:12)

“He has loosed the two seas. They meet together. Between them there is a barrier which they do not transgress. Out of them come pearls and coral” (55:19)

About working of solar system:

“(God is) the One who created the night, the day, the sun and the moon. Each one is traveling in an orbit with its own motion.” (21:33)

Reproduction in plants and vegetable kingdom

“Verily, God splits the grain and the fruit-stone”(6:95)

“Glory be to Him Who created (36:36)

“Thou Seest the grounds lifeless. When we send down water there on it, shakes and grows and puts forth every magnificent pair (of plants)” (22:5)

About the animal world

“Verily, in your cattle there is a lesson for you! We give you a pure milk to drink, excellent for its drinkers; (it comes) from what, in their bellies, is between the contents of the intestine and the blood, a milk pure and pleasant for those who drink it”(16:66)

Stars and mountains

“He set in the (earth) mountains standing firm”(41:9)

“God is the One Who has setout for you the stars, that you may guide yourselves by them through the darkness of the land and the sea.” (6:97)

Water cycle

“Has you not seen that God makes the clouds move gently then joins them together, then makes them a heap. And you see raindrops issuing from within it. He sends down from the Sky Mountains of hail, He strikes therewith whom He wills and He turns it away from whom He wills. The flashing of its lightning almost snatches away the sight” (24:43)

“Has you not seen that God sent water down from the sky and lead it through sources into the ground? Then He caused sown fields of different colours to grow.” (39:21)

“Have you observed the water you drink? Do you bring it down from the rain clouds? Or do we? If it were our will, we could make it salty then why are you not thankful?” (56:68,70)

Science is name for observable facts but to explain the chain and course of events related to every fact is not possible. In the above verses formation of clouds and process of rainfall is described in detail, with the conclusion that it is combination of factors which cause rainfall, according to will of Almighty Allah. What are the special characteristics and exact combination of factors attached to the clouds which cause rainfall is not yet known. This is the reason that man is helpless to cause rainfall through artificial means, and to bring any climatic change in the atmosphere.

Movement, change and attraction are the foundation of scientific knowledge about the nature and its laws. What are the forces of movement change and attraction no body knows, science is silent about all that. The whole scientific knowledge depends upon the theory of cause and effect. Above verses are very clear on the message that the force behind every happening in the universe is not the cause and effect as assumed by the scientists, the real force behind every happening is supreme will of Almighty Allah. The Holy Qur’an says:

“His command, when He desires a thing (to happen), is to say to it “Be” and it is.” (36:82)

Science has its own limitations. Science is not able to answer every question pertaining to laws of nature. Inventor of the law of gravity admits we know bodies do attract each other but we don’t know what force of attraction is behind. The above Qur’anic verses deal with diversified subjects. Rainfall, water cycle, reproduction in plants, wonders of under water world, separate flow of sweet and salty waters in the oceans are the main subjects about which information is provided. All the verses lead to one and single conclusion that Almighty Allah is all powerful whatever happens in the universe its source is infinite and absolute Will of Almighty the Creator. A survey conducted by the scientists they unanimously agreed that universe is not without an Authority Who is controlling the well-calculated and well-organized systems in the universe.

Final Word

It is quite surprising that someone who was never in a school, did not visit a college or university, gave information accurately, with so much confidence, on variety of subjects with totally different perspective, concerning physical sciences as well as social sciences. Areas include astronomy, physics, biology, medical science and human behavior? The noticeable fact is that in spite of such advancement in science and different fields of knowledge, any information given by him is not proved wrong. What we know till today is the fact that modern discoveries have confirmed what was revealed to him centuries before. All these facts lead us to the one conclusion that the revelation from Almighty the Creator is source of all the information with contents.

 “Obey God, and obey the Apostle, and beware, if you do turn back, know you that it is Our Apostle’s duty to deliver (the Message) in the clearest manner.” (5:92)

 “Those who believe in the Apostle and honour him and help him and follow the light which is sent down with him, they are the successful.” (7:157)

 “We have revealed this Book unto thee with truth that thou may judge between mankind by that true knowledge that Allah has given you.” (3:105)

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[1] For details see:
The Bible the Qur’an and Science by Maurice Bucaile.

CHASING THE CONCIENCE

The Holy Qur’an – 2 (Photo credit: MT-Photo.net)

“God has revealed the most beautiful Message in the form of a Book consistent with itself (yet) repeating (its teaching in various aspects)” (39:23)

Front of the Quran (Photo credit: Wikipedia)

 

The Holy Qur’an is the book of wisdom and eternal guidance from Almighty the Creator, and not a human creation. The Holy Qur’an says:

“And we sent to you the Book explaining every thing, a Guide, a Mercy and Glad Tidings to those who believe.” (16:89)

“This is the book in it is guidance, sure without doubt, to those who fear God” (2:1)

“This is the revelation of the Book in which, there is no doubt, from the Lord of the worlds. Or do they say, “He has forgotten it?” Nay it is the Truth from thy Lord.” (32:2,3)

“Say, verily guidance is from God. That is the true guidance and we are indeed to surrender ourselves to the Lord of all being.” (6:71)

The Holy Qur’an deals with various subjects, gives information about the universe how it came into being, how the solar system is working, and tells us about life and its origin. The Holy Quran covers following areas—

(a)      Belief system

(b)     Essentials of worship

(c)      Past and future events

(d)     Scientific realities, rules of nature; and

(e)      Rules of economy, political structure, civil, criminal and social justice system.

The Holy Qur’an challenges the world, through an open invitation, to prove any information given by the Holy Qur’an as incorrect. So far science and modern knowledge in related fields has confirmed whatever information has been given by the Holy Qur’an on any subject.

The Holy Qur’an has unique quality that its text and language is preserved in the original form. The Holy Qur’an says:

“We have without doubt sent down the Message: And we will assuredly guard it from corruption.” (Al-Hijr-9)

Almighty Allah promised to preserve the Book in its original shape. After fourteen hundred years we can see and judge that Almighty Allah has fulfilled His promise, the Book is safe and available to us in the same shape and form as it was revealed to the Prophet Muhammad (Peace be upon him). As regards authenticity of the Holy Qur’an no objection is ever raised. In each corner of the world the Holy Qur’an is available in the same form and shape pointing no finger regarding the accuracy.

There were three stages of compilation and preservation of the Holy Qur’an. The procedure and methodology worked out depicted quality of planning, sheer hard work, by a team of dedicated men, who carried out the job with high sense of responsibility First stage of the preservation of the Holy Qur’an was period of Prophet (Peace Be Upon Him). Whenever a portion of the Holy Qur’an was revealed, it was memorized by the Holy Prophet (Peace Be Upon Him) and by companions.

The Holy Qur’an was revealed in stages as situation demanded. The Holy Qur’an says:

“(It is) Qur’an which we have divided (into parts) in order that thou might recite it to men at intervals: We have revealed it by stages (17:106)

Reason that the book of guidance was revealed in stages and not at once is given in the following verse:

“Those who reject faith say: ‘Why is not the Qur’an revealed to him all at once?’ Thus (it is revealed), that we may strengthen thy heart thereby, and we have rehearsed it to thee in slow, well-arranged stages, gradually, (25:32)

For the preservation of the Holy Qur’an both the methods writing as well as memorization were employed at the same time. The Holy Prophet (Peace be upon him) dictated to one of his scribes whenever a verse of the Holy Quran was revealed, most of the time this duty was performed by Zayd ibn Thabit (May Allah be pleased with him). Companions who were good in art of writing copied and preserved it for their own consumption. In this way preservation of the Holy Qur’an was ensured during life time of Prophet (Peace be upon him).

Caliph Abu Bakr Siddique (may Allah be pleased with him), appointed a committee to prepare another copy of the Holy Qur’an in a book form. Zayed ibn Thabit was to head this committee. The whole of the written material, available at the house of Prophet (Peace be upon him) and with other companions was collected and placed at the disposal of the committee members at one place. The committee performed the job with utmost dedication and commitment ensuring that every written portion of the Holy Qur’an was confirmed through oral evidence as well as documentary proof, with testimony of two witnesses.

Caliph Uthman (may Allah be pleased with him) on him part prepared seven more copies and dispatched to various parts of the empire. Provincial Governors under the state supervision encouraged the people to produce further copies for their use.

Unity of System

A legal system is defined as systematic rendering of laws and rules, where every law is presented in arranged form. Islamic legal code presents an interconnected body of laws where each law is connected with the other. Laws are so arranged that a law finds its roots connected to another law. Rules of torts, contracts marriage, family matters bequests, inheritance matrimonial relations, evidence proofs, Licenses, entitlements and punishments are so inter-connected that they will be meaningful and produce desired results only if put together.

Rules of inheritance provide details regarding specified shares of different categories of relations. Prescribed ratio of shares for a son and daughter is 2:1 respectively. Fiscal law of Islam requires male members of the society to take care of the financial needs of their women. In absence of men it is duty of the state to undertake the responsibility. Female family members are under no obligation to take burden of their financial needs. So whatever share women member of a family receives it is against no responsibility and whatever a male member gets it is against full responsibility. This is not the fixed rule sometime female relatives get equal or even more than what male members of the family inherit.

Islamic penal laws are strongly connected with the financial responsibilities of the state towards citizens. It is duty of the state to look after financial needs of the people. Where the state is not in a position to discharge its obligations due to disasters as flood, fire, famine or other natural calamities, there is shortage of food, things are not under control and a state of financial emergency exists, in such a situation Hadd punishment for theft may be waved. Umer Bin Al-Khatab the second Caliph suspended Hadd punishment for theft during the period of famine.

The criminal law of Islam provides strict punishments for the offences of fornication and adultery. The Holy Qur’an says: “A man or woman guilty of unchaste acts flog each one of them with a hundred stripes; do not overlook their guilt and adhere to law”. This is not without reason. Under the family laws of Islam a man is allowed to marry as many as four women at the same time. A person who does not avail this legal choice and adopts course of action which is not permitted under the law, certainly deserves strong punishment. This shows that liberal values of the law and the punishments provided on violation of the law go side by side. Rules cannot produce results in isolation, unity of system has to be maintained. In practical terms, the consequences of discriminatory and selective application of laws relating to different legal codes are very grave, it may lead to, legal, complications of serious nature and in certain cases; such a practice might cause injustice and atrocities to be committed by the law enforcing agencies. Islamic Shariah has an internal moral structure of its own, for the desired results and to uphold the values of justice every law of the land must conform to it. The Holy Qur’an warns against such a practice in the words:

‘Then, is it only a part of the book that you believe in, and do you reject the rest? But what is reward for those among you who believe like this except disgrace in this life? And on the Day of Judgment they shall be reserved for the strong penalty, for God is not unmindful of what you do.” (2:85)

Islamic teachings comprehensively cover different aspects of human life. Provide rules to regulate relations between individuals, between individual and society. Give detailed rules regarding family matters, i.e. inheritance, succession and matrimonial relations. Deal with the fiscal issues; provide guidelines for distribution and spending of wealth, rules regarding different legal transactions as sale, gift, loan, mortgage and rules relating to war and peace. Rules were provided to regulate conduct between states. Constitutional and administrative matters were also covered. Penalties were defined for different offences to maintain peace and security in the society.

Liberal Policy

Islamic justice system is quite liberal in its scope and application. Rigid legal provisions always invite negative social reaction from public. Policy of the law is to provide maximum facilities and not to create unnecessary difficulties for the people. The Holy Qur’an says:

“Allah desireth for you ease; he desireth no hardship for you.” (2:185)

“Allah desireth to make burden light for you.”(4:28)

“Allah desireth not to create any hardship for you.” (5:6)

“Allah hath not laid upon you in religion any hardship” (22 :78)

Objective is to provide ease and comfort in human life and remove difficulties.

The Holy Prophet (Peace be upon him) said.

“Religion is easy, make things easy not difficult, strive to spread happiness not hatred.” (Bukhari)

A tradition reported form Prophet (Peace be upon him) indicates policy of the law and inbuilt element of human concern in the system. A companion informed the Holy Prophet (Peace be upon him) that an Imam recited longer portions from the Holy Qur’an when leading the regular prayers.

The Holy Prophet (Peace be upon him) said:

“O! People! You are annoying others! Whoever leads prayers should make it light because among them are the sick, the old and in need” (Bukhari)

Rules of Shariah provided different types of facilities to remove difficulties and to deal with cases of hardship.

i)                   A person suffering from any kind of illness can perform regular prayers in the manner his illness allows. He may postpone fasting during the month of Ramadhan.

A person short of food may eat something forbidden to save his life. An exception to general rule, or a facility provided under compelling circumstances, cannot be misused. The Holy Qur’an says:

 “Forbidden unto you (for food) are carrion, blood and swine flesh, and that which has been dedicated unto any other than Allah, and the strangled, and the dead through beating and dead through falling from a height and that which you make lawful (by the death stroke) and that which has been immolated unto idols, and (forbidden is) that you swear by diving arrows. This is an abomination. This day are those who disbelieve in despair of (ever harming) your religion, so fear them not, fear Me! This day have I perfected your religion for you as religion Al-Islam, whoever is forced by hunger, not by will, no sin (for him) Lo! Allah is Forgiving, Merciful.” (5:3)

An act goes to its original position, with the change of circumstances.

iii)              A debtor, unable to clear his debt liability in time, may be allowed good time to discharge his financial obligations.

iv)              Where the presence of men is not possible the exclusive evidence of women or minors is admissible for the protection of their rights. Evidence of a midwife about the birth of child as the sole witness is accepted to save the interest of the child.

(v)    In a situation, where certain provisions essential to offer the regular prayers cannot be fulfilled such as purity of clothes, direction of the Kaaba or proper body cover is not possible prayers may be conducted in the manner, i.e. the demand of the situation.

Facilities provided in the rules are subject to the following restrictions:

(i)     Interest of community is supreme, individual loss may be sustained to avoid a loss at larger scale to the public.

People not properly educated in the field of medical science may not be allowed medical practice because unqualified medical practitioners may cause greater harm to the life of innocent people.

(i)                Damage should not be removed by infliction of a similar damage. Harmful conditions being faced by a person do not provide him a valid excuse to inflict a similar harm to other people. A person facing shortage of food has no right to consume the food belonging to another, who is equally in need. A person facing life threat cannot make any harm to life of other person to save his own.

Joint owners of the property, are under responsibility not to do anything harmful to other co-owners. Inhabitants of a residential areas have right to demand removal of an industrial unit causing injury to the person and property of the people.

(iii)    In a situation where a person has to make a choice between position of loss and that of gain, he has to avoid loss. The Holy Prophet (Peace be upon him) said:

“Do what you are asked to do according to the best of your ability but when you are asked to abstain from something leave it immediately.” (Bukhari)

Message is clear that performance of an obligation act may be facilitated under particular circumstances. As regards Command for omission it requires nothing but to leave that act. Therefore no excuse is relevant in this case. The holy Prophet (Peace be upon him) said:

“Allah Almighty has certainly provided some obligations so don’t ignore them, has fixed some restrictions so don’t violate them. He has prohibited commission of certain acts, so don’t commit those acts, certain matters were left without any direction about them, not out of forgetfulness but to provide you freedom of choice so don’t be curious about them.” (Bukhari)

It is presumed that every act is permitted unless declared illegal. In a position of doubt about the legal value of an act, unlawful aspect prevails. The Holy Prophet (Peace be upon him) said:

“Lawful and unlawful acts are quite clear, there are certain acts which are not very clear to most of the people. A person who refrained from those acts saved his religion and honour. Anyone who indulges in such acts he committed a wrong.”

(Bukhari)

Intention is an important element to judge validity of an act. The Holy Prophet (Peace be upon him) said:

“Actions are judged by the intention.” (Bukhari)

The nature of an act depends upon the good or evil intention. Intention makes difference between an act of worship and acts performed in ordinary course of nature, in pursuance of habits and daily routines of life.

A minor or insane person is not allowed to conclude a contract, to make gift of property or enter into a marriage relationship. They have no ability to form intention, an essential element for contract making.

Intention is an important element to judge responsibilities. A person who takes possession of something of value lying unattended, with the intention not to return it to the real owner is a usurper. If the intention is to return it to the real owner he is a trustee. Usurper is liable to compensate loss of property in any case. A trustee is responsible to compensate the loss of trust property only when he acts in negligent way.

Judicial Independence

Jurists of Islamic law unanimously hold that the executive head of the state is not in his right to interfere with the authority of a judge, to decide. Any restriction with regard to judicial authority of a judge in his discharge of judicial obligations is illegal. Conditional appointment of a judge, regarding his powers to decide, is null and void ab initio. Judges under Islamic rule were always awarded high position in the society, in terms of their remuneration and other facilities of social life. They were always given treatment of priority and preference as compared to the other functionaries of the state. In their turn judges always tried to uphold the values of justice and often decided cases against the rulers of the time.

In some of the countries, constitutional immunity is granted to the high ranking persons holding high positions in the government. There is legal bar to call the people belonging to that category in the court of law to conduct judicial proceedings. This concept of legal immunity is alien to Muslim judicial and political system. This is British concept “the king can do no wrong”. The same is the case with other countries where proceedings cannot be initiated against the head of the state or other government functionaries.

Under Islamic law every person is equal before the law and no one is above the law. Every one rich or poor, ordinary person or high ranking officials all are equal. Muslim history is full of such instances when heads of the state were called by the judges to appear before the court, and take part in judicial proceedings. On their part heads of the state appeared in the court of law as ordinary people and took part in the proceedings of the court. The judges in Islamic state enjoyed complete authority to administer justice.

Once a judge summoned Caliph Umer (May Allah be pleased with him) in his court to defend a case against him. The rightly guided Caliph attended the court in person, he refused to accept any preferential treatment during proceedings of the court. Caliph Ali (May Allah be pleased with him) participated in the judicial proceedings along with the Jew defendant as an ordinary litigant and refused to accept a superior status in the court. Caliph Hasham bin Abdul-Malik appeared before Qazi Muhammad bin Imran and lost the case. Khalifa Mansur could not defend a case against him.

Subject of legal investigation ever remained concern of Muslim Jurists, who played pioneering role to develop science of law, principles of justice derived, evolved and explained by them now form the major source of legal literature world over. Values of justice as provided in the Holy Qur’an and detailed rules provided by Prophet (Peace be upon him) got universal appeal and acceptance. Jurists of Islamic law i.e. Imam Abu Hanifa (Kufa 699-767) Imam Malik (Madina 711-795) Imam Shafie (Egypt-Syria 767-819) Imam Ahmad Bin Hanbal (Baghdad780-855) played an important role to create foundation of the law. Principles of legal justice formulated by these great jurists were unparallel in the legal history of mankind. Muhammad-bin-Idrees Al-Shafie is first who wrote and developed science of legal jurisprudence. In other parts of the world this subject got attention of the legal philosophers in 18^th century.

Theories of law formulated centuries ago by the great jurists Imam Abu Hanifa and his two disciples Imam Muhammad and Imam Abu Yusuf are internationally followed. Principles of equity and justice, now considered backbone of the English law system find their roots in Islamic legal traditions.

Objectives

Fundamental objective of the law under the scope of Shariah is to protect religion, life, property, family, honour, and intellectual faculties of people. Regulates relations between individuals and society, provides standards for the inter-community and inter-state relations. Muslim jurists were first who compiled the rules of international law. Imam Muhammad played leading role in this regard. He wrote a number of books to explain and develop the rules of international law. He is considered the jurist who founded this branch of the law. In Europe,Americaand rest of the world writings appeared in this field of study only in last two centuries.

Objectives of Islamic law are well explained in the Holy Qur’an and Sunnah (practice) of Holy Prophet (Peace be upon him). Jurists on their part through interpretations, juristic deductions, analogy and juristic reasoning continued to work for the development and expansion of the law.

Legal Wisdom

“Oh ye who believe! Stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be against rich or poor; for Allah can best protect both. Follow not the lusts of your hearts; lest ye swerve, and if ye distort justice or decline to do justice, verily Allah is well acquainted with all that ye do.”(4:135)

 

Dispensation of justice is prime responsibility of an Islamic State. It is duty of the government to appoint qualified judges. Access to Justice is basic right of people, an obligation and trust bestowed upon entire ummah by Almighty Allah, the Creator, under His Commandments. The Holy Qur’an says:

“We sent aforetimes our Apostles with clear signs and sent down the Book and the Balance, that men may stand forth in justice”.

A judge is duty bound to adjudicate the cases in accordance with the Shariah Injunctions on merit, with an open mind, preserving the universal and natural principles of justice. In another verse Allah Subhanahu-wa-Taala says.

“Oh ye who believe! Stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be against rich or poor; for Allah can best protect both. Follow not the lusts of your hearts; lest ye swerve, and if ye distort justice or decline to do justice, verily Allah is well acquainted with all that ye do.”(4:135)

Humanitarian law of Islam

Humanitarian law of Islam

Humaniterian law of Islam declares following acts prohibited during war.

i)           Those who do not participate in acts of war should not be harmed

ii)        Those who avoid fighting escape or runaway from battlefield should be spared.

iii)      Women, children, sick, old, wounded and worshippers should not be killed.

iv)      Killing of animals, polluting sources of water as wells and streams, destruction of dwelling houses, ruining crops and fruit trees is not allowed.

v)         Sick and wounded should be given proper treatment.

vi)      Prisoners of war should be treated justly according to agree upon international conventions.

vii)    Noncombatant civilian workers working in their industrial concerns, or busy in planting of trees or engaged in agricultural activities and the monks confined to their worship places should not be disturbed.

viii)  Maiming, ill treatment and commission of other inhuman acts against the captives; and

ix)      Cheating the enemy during or after war.

Human Rights violation is not allowed even during hostile situations. Caliph Abu Bakr Siddique (may Allah be pleased with him) explained rules of engagement in the following terms, when he sent Usama bin Zaid (may Allah be pleased with him) to lead an expedition toSyria.

“Do not betray, nor do grudge (and over act) do not cheat, nor do mutilate or kill a young child or an old man, or a woman. Do not cut palm trees, or burn it. Nor do ever cut a fruit plant; do not slaughter a sheep or a cow or camel except for eating. You will pass by people who had devoted themselves in the hermitages leave them and to what they have devoted to, themselves.”

Minorities

Non-Muslim minorities living in an Islamic State are fully protected they enjoy complete freedom of religion, creed and belief. It is for the state to protect their life, property and places of worship. They are at liberty in the matters of personal law.

Interest bearing transactions, production and consumption of wine and eating and selling of pork is not allowed to Muslims. That rule does not apply to non-Muslims, as long as transaction is among them. They have equal right to education and health facilities without discrimination. They enjoy equal right to employment opportunities. They have right to earn according to their skills and qualification. They enjoy complete freedom of profession, trade and business.

They have privilege to pursue their cultural activities according to their faith and belief. State is under responsibility to provide them environment conducive to their social, political, and economic development.

Peace and Security

Fundamental objectives of Shariah are:

(i)      Preservation of religion and religious values;

(ii)     Respect to life and dignity of human life;

(iii)    Protection of property rights of the people;

(iv)    Protection of private life, family and honour; and

(v)     Protection of intellect and intellectual capabilities of the citizens.

It is duty of the state to provide adequate safeguards and protect these objectives from any threat coming from inside or outside. A threat coming from inside will be treated under the general public law of the state. External threat will be governed by the rules of International law first ever given by Islam. Before declaration of war all the peaceful means to remove the effects of outside aggression should be exhausted. Islam prefers peaceful settlement of disputes. End of hostilities without means of war is desirable. Unnecessary use of force and cruel behaviour is not permitted, even during war The Holy Quran provides detailed guideline when a state has right to declare war.

The Holy Qur’an says:

“And why should you not fight in the cause of Allah and of those who, being weak, are ill-treated and oppressed? Men, women, and children, whose cry is; Our Lord! Rescue us from this town, whose people are oppressors, and send for us from the one who will help!” (4:75)

 “Fight in the cause of Allah those who fight you, but do not transgress limits; for Allah loveth not transgression.” (2:190)

“How could we refuse to fight in the cause of Allah, and we were forced to leave our homes and our families.” (2:246)

“But if they cease, let there be no hostility except to those who practice oppression.”

According to Holy Prophet (Peace be upon him) one who is killed protecting his property, life religion, and family he is martyr. (Abu Dawud)

The Holy Qur’an clearly states that peace is desirable.

“(Therefore) if they withdraw from you but fight you not, and instead send you guarantees of peace, then Allah hath opened no way for you to war against them.” (4:90)

An opportunity to peace should be respected:

“But if the enemy inclines towards peace, do thou also incline towards peace, and trust in Allah: for He is the One that heareth and knoweth all things. Should they intend to deceive thee Allah sufficeth thee.” (8:61-62)

Those who continue hostile activities, not showing respect for truce or agreement, and conspire against the vital interests of the state, force may be used against such elements. The Holy Qur’an says:

“Will ye no fight people who violated their oaths, plotted to expel the Prophet, and committed aggression, being the first to assault you? (9:13)

Those who donot submit to the authority of the state, continue spreading mischief, pose permanent danger to social structure and challenge the internal and external security of the state, for them rules are strict. The Holy Quran says:

“Kill them wherever you find them and turn them out from where they have turned you out, for fitnah [mischief] is worse than killing (2:191)”.

“And fight against them until [their] mischeif ends and religion becomes God’s  (2:193) 

Inter-Community Relations

It is not permitted to force the people towards Islam and Islamic way of life. The Holy Qur’an says:

“If it had been thy Lord’s will, they would all have believed, all people on earth! Wilt thou then compel mankind against their will, to believe! (10:99)

It is clear that no one can be compelled against his will to change his religion. Rather it is desirable to maintain peaceful social relations with the people of other religions.

“Allah forbids you not, with regard to those who fight you not for your faith, nor drive you out of your homes, to treat them in kindness and through justice: For Allah loves those who are just in their dealings.” (60:8)

“This day are all things good and pure made lawful unto you. The food of the people of the Book is lawful unto you and yours is lawful unto them. Lawful unto you in marriage are not only chaste women who are believers, but chaste women among the people of the book, revealed before your times, provided you pay them their due amount of dower.”(5:5)

Taxation Policy

No taxation is permitted without necessity. Originally state is required to meet its financial obligations through conventional sources of income as natural resources, income from state lands etc. If not sufficient government may impose taxes under extreme situation of need to generate further resources, in the interest of the people, subject to conditions as follows;

i)                   Taxation must comply with the accepted norms of justice. High rate of tax should be avoided.

ii)                Income should be subjected to taxation not spending.

iii)              Poor people need not to pay tax. Under the present policy of taxation, rich and poor are equally liable to pay tax as the sales tax every one rich or poor is required to pay such taxes.

Concluding Remarks:

Economic order free of exploitation is basic rule of Islamic economic system. The whole philosophy of permitted and not permitted relies upon this fundamental principle. Idea is to save rights of an individual and the rights of various groups engaged in economic activity. Purpose is to streamline relations between seller and consumer, industrialists and labourers, money lenders and borrowers. Objective is to extended fair business opportunities to all in an environment suitable to free market mechanism. Ensure sustainable economic growth, and equitable distribution of wealth, through a contributory system of allocation and division of resources. Philosophy behind every law and rule is adherence to the principles of justice. Wealth tends to attract more wealth. It causes concentration of wealth in few hands. It directs all the sources towards wealthy people and continues to circulate among the riches only. Poor people remain deprived of their share in the wealth. To solve this problem and to redirect resources from rich to poor Zakat system provides immediate and effective remedy.

“God provides for anyone He wishes without any reckoning! Those who disbelieve (will find) their deeds are like a mirage on a desert: the thirsty man will reckon it as water till as he comes up to it, he finds it is nothing. Yet he finds God (stands) beside him and he must render Him his account; God is prompt in reckoning!” (24:35-38)

Islamic teachings look after the material needs of the people and at the same time take care of the spiritual needs of a person in unified way, making no distinction between two essential parts of human life. Fiscal policy of an Islamic State looks after the material needs of its citizens, as fundamental obligation of the state towards citizens. Purpose of Zakat and Ushr system is to provide social security to the people. There are two aspects of Zakat, first it is part of worship system, and second it fulfills the material needs of people in honourable, way. The objective of all the component parts of worship system i.e. five times daily prayers, fasting and Hajj is to make a person physically and intellectually strong and healthy. It is equally admirable to work for prosperity in this world and success in hereafter. The Holy Qur’an says:

“And strive to attain through means of what Allah has given you the abode of the Hereafter, but neglect not your share in this world, and do good to others as Allah has done good to you, and seek not to make mischief in the world, surely Allah loves not the mischief-makers.” (28:77)

According to Prophet (Peace be upon him) best among Muslims is he who takes care of the affairs of this world as well as the Hereafter. (Ibne Majah)

Holy Prophet (Peace be upon him) did not approve conduct of a person who neglects his obligations in this world in anticipation of success in Hereafter.