QURAN” AS A MAJOR SOURCE OF ISLAMIC LAW

DISCUSS “QURAN” AS A MAJOR SOURCE OF ISLAMIC LAW.

Introduction

 Islamic Shari'a (Islamic Law) represents a major component of God's Message of Guidance to humanity, as revealed through His Books and taught by His Messengers, for thousands of years.

 In fact, the entire religion of Islam is God's Shari'a or body of laws, which are intended to guide humans in how to live happily on Earth and be also rewarded with God's content in the Hereafter. Thus, those who look for understanding Shari'a can find it contained in the Islamic teachings, in the Holy Quran and the Sunna.

 The Islamic Shari'a is an independent discipline in Islamic universities, in which students study its various aspects in variety of courses, including principles of Shari'a and its rules.

 There is no claim here of introducing the Shari'a to readers, as an academic discipline. Rather, the main focus is on presenting a survey of the Shari'a principles and rules, as stated in the verses of the Holy Quran. Those who are interested in further discussions, rulings, and analyses can go to the works of Muslim scholars from the various schools of thought. 

 Part I of this article is an effort to clarify the meaning of Shari'a and to introduce some of the main categories of its principles and rules, such as those found in the direct commands of Tahreem, Nahy, and Amr.

 Part II will be devoted to the La (No) commands in the Holy Quran, as the number of these commands is large enough to be in a separate part of this topic.

 art III of this topic will be devoted, Insha Allah (God's willing), to the largest category of God's commands in the Holy Quran, in which the imperative verb form is used as a command about human behaviors in various aspects of life.

Meaning

The term “Quran” is derived from the Arabic word “Qura’a”. The Term Quran is used in two meanings.

(a) As participle (To Read), and

(b) As an Object ( a thing which is read).

Both these meanings techically are attributed to the Quran

Definition of concept by Jurist

Al- Quran is the Holy Scripture by Muslims. It is revealed by Allah SWT to the Prophet Muhammad saw then was memorized by Prophet Muhammad saw and his companions. It contain 114 surah which never unchanged over the time because the contains was written down in every detail and still used and memorize by Muslims until today.

In literally, Al- Quran means recitation or something that is continuously recited by Muslims. The jurists were derived ir from four root words and each of them bring the individual meanings:-

a.      “Qura’a”

The literal meaning is to collect or to compile which means Quran is a holy book that collected and codified under Allah’s protection. The jurist state that the collection of Al- Quran ayah will remains unchanged and still in its actual state until the judgment Day according to the Allah SWT record in the surah al Qiyamah

“Indeed, upon Us is its collection (in your heart) and (to make possible) its recitation”.

La                                                                    (Surah Al- Qiyamah, 75:17)

b.      “Qar’ana”

The meaning is union or conjunction, which is refer to literal physical existence of the Quran and its properties. So, the Quran actually given a special name caused of the combination of its latters that word “qur’ana” of the Quran because the combination of guidance which inseparable based to surah Al-Baqarah, verse 2 which state that the Quran is actually is guidance without doubt.

c.       “Qir’athun”

It’s means to read or to recite. It is the basis features to Al-Quran self because it owns special character which support the function of Quran that reads by Muslims 24 hours over the world especially during the solah and the readers also increase during the ramadhan because Muslims recite it every day even fasting including in special tharavih prayers. It is also read by everyone who want to know about the law, science, economy regatding to its function to reference the humankind.

d.      “Qir’in”

Acutally “qira’in” is the plural of “Qarin”. It means evidence, argument or symbol wgich how one verse will be interprets and give arguments.

In the terminology, the jurists were defining Al-Quran as the Arabic speech by Allah SWT that revealed to Prophet Muhammad saw covers the word and meaning. The elaborations are:-

a.      Arabic speech by Allah SWT

It means any revelation that not in Arabic language is not Quran. It also mean Muslims can’t perform the solah by recite the translation of Quran’s ayah either malay’ Urdu’ English or other language beside Arabic.

b.      Revealed to Prophet Muhammad saw

This holy revelation only to prophet Muhammad saw so, nobody else can charge Allah SWT also reveal it to them. This concept also same with the old Injil, Taurah and Zabut which Allah SWT only deliver it to his selected messengers.

c.       A challenge to namkind

This holy book contains the highest quality of language and meaning. So, it challenge the human especially Arabs to create the same quality of ayah if they are not believe the Quran is not made by human.

d.      Reveled in word and meaning

The holy Quran is not same as the other book story because it consists and covers all knowledge about humankinds. It words are from Allah SWT unlike the hadis Qudsi which the word is from Prophet Muhammad saw but the meaning from Allah SWT.

e.       Mutawattir

It means many narrators of Islam narrated it’s ayahs in detailed which shown there are no lied or mistake made.

So the Quran actually has been transmitted to humankinds by continuous testimony or tawatur, the ulamah or Islamic Jurists also agreed that Al-Quran is the major source of sharia or Islamic law which can be proved in many book written by Islamic jurist such as in English translation of Muwafaqat Fi Usul Al-shariah by Ibrahim ibn Musa Shatib. The writer stated that principals in the usul - fiqh are based upon the universal principal of the shariah and whatever has this form if definitive. To make sure the principals is Islamic compliance; Quran is used as the main reference in deciding any issue that arises.

The Usulis are generally reluctant to define the Quran because according to them book of as wider scope as of Quran can’t be confined within a definition. However they’ve attempted to define the same but have mentioned simultaneously that the definition is for the purpose of recognition of the book and should not be considered comprehensive.

Al-Bazdawi defines it in following words;

“The Quran is the book revealed to the messenger of Allah, Muhammad (PBUH) as written in the masahif and transmitted to us from him through an authentic continuous narration without doubt.”

Verses Mentioning the Word "Shari'a"

The following are three verses of the Holy Quran, in which the word "Shari'a," another variant of it "Shir'a" and its root verb "Shara'a" are mentioned. The three verses explain the meaning of these words. (O Mu'hammed) He has ordained for you of religion what He enjoined upon Noo'h (Noah) and that which We have revealed to you, and what We enjoined upon Ibrahim, and Moussa, and 'Eissa (Abraham, Moses and Jesus) - to establish the religion and not be divided therein. Difficult for those who associate other (gods) with Allah is that to which you invite them. Allah chooses for Himself whom He wills and guides to Himself whoever turns back (to Him) (Al-Shoura, 42: 13).

(O Mu'hammed) And We have descended the Book (the Holy Quran) to you, with truth, confirming that which preceded it of the Scripture and dominant over it. So judge between them by what Allah has descended and do not follow their desires away from what has come to you of the truth. To each of you (Muslims and People of the Scripture), We prescribed a law and a method (of following it). Had Allah willed, He would have made you one (religious) nation, but (He has willed) to test you in what He has given you. So race to (compete in doing) good. To Allah is your return, all together, and He will inform you (of the truth about) what you were in disagreement about (Al-Maeda, 5: 48).

Then We put you, (O Muhammad), on a path of the matter (religion), follow it and do not follow the desires of those who do not know (Al-Jathiya, 45: 18).

Meanings of the Word Shari'ah

In interpreting Verse 42 of Sourat Al-Shoura, Chapter 13 of the Holy Quran, Al-Tabari (who died in 310 Hijriya), narrated from the companion Qutada, may Allah be pleased with both of them, that the interpretation of Shari'a is the body of rules, specifying what is allowed and what is prohibited ('halal and 'haram).

Al-Qurtubi (who died in 671 Hijriya), may Allah be pleased with him, elaborated on the meaning of Shari'a, saying that it is what Allah enjoined His five main Messengers, which is basically establishing His religion among people on Earth, by following His commands which allow them to do certain things and avoid doing others. The goal is straightening up their life on Earth as individuals, groups, and nations. [2]

The five main Messengers of God, also referred to as those with Power, are Nooh, Ibrahim, Moussa, 'Eissa, and Muhammed (Noah, Abraham, Moses, Jesus, and Muhammed), peace and blessings of God be upon all of them. They were commanded to teach people how to worship Allah, obey Him, believe in His Messengers, His Books, and the Day of Reckoning.

The Arabic root verb of the word "Shari'a," is "shara'a," which means to clarify and to show the way. It also means to make rules or laws. A derivative of the verb Shara'a is "shari'ع, which is the straight road or street. So, Shari'a is the straight path, which has been clarified by Allah to guide humanity from the darkness of ignorance and misery to His light of happiness in this life and in the hereafter.

The core meaning of Shari'a, then, is that the term refers to the body of God's commands of various forms (prohibitions, don't do, do, no, and imperative form commands), which prescribe how we can live happily on Earth and be rewarded with everlasting life in Paradise, in the hereafter.

Some of these commands, for example, teach about how to worship Allah, as the only and One God, by performing prayers, giving Zakat (charitable assistance to the needy), fasting during Ramadhan, and making the pilgrimage (Haj).

Other commands tell us how to be close to God through good deeds, telling the truth, fulfilling promises, honesty, and being kind to people generally and to parents and relatives, in particular.

Shari'a commands also specify behaviors that should be avoided, such as rejection of God's truth, murder, usury,  adultery, doing harm to self and to people, unnecessary killing of animals, lying, cheating, backbiting, belittling of people, or humiliating them. 

 Allowed, Prohibitions, & In-Betweens in Islam

In a famous Hadith, Prophet Muhammed, peace and blessings of Allah be upon him (pbbuh), said that (from God's teachings to us, we know that) "Allowed behaviors ('halal) are clear and prohibitions ('haram) are clear, but there are unclear things in-between, many people do not know about them, avoid them." So, what are these allowed behaviors (Halal), prohibited behaviors (Haram), and in-between unclear behaviors (Mushbihat)?

 Allowed ('Halal)

 Out of His love for His human creations, Allah, praise to Him, allowed everything for Adam and Eve in Paradise, except eating from a certain tree. There was only one prohibition, the violation of which led to their exit from Paradise, as a punishment.

But Allah, praise to Him, never abandoned human beings, and out of His love to them, He told them, through His Messengers, to do certain behaviors and avoid others, for their own good and for their benefit.

 For example, He stated, in the Holy Quran, that He has created the Jin and the humans for the sole purpose of worshipping Him (Al-Dhariyat, 51: 56 ). "And I did not create the jin and humans except to worship Me  (Al-Dhariyat, 51: 56 ).

I do not want from them any provision, nor do I want them to feed Me  (Al-Dhariyat, 51: 57 ).

When we analyze worshipping Allah on the three levels of Islam, Iman, and Ihsan, we find that all what we do is bringing benefits back to ourselves as individuals, families, communities, and nations.

So, we worship Allah by observing His commands concerning what is allowed ('Halal) and what is prohibited ('Haram), as well as being careful when addressing issues in-between.

What are the allowed behaviors ('Halal)?

Allah has allowed us to do everything that makes us happy intellectually and physically as long as we do that in moderation and avoid the harmful behaviors He has prohibited.

So, allowed behaviors or things ('Halal) are the rule in Islam, while prohibitions ('Haram) are the exception, as stated in the following verses of the Holy Quran.  (The Messenger of God) makes the good things (or behaviors) allowed for them (the believers) and prohibits for them the (hidden) harmful (ones) (Al-A'araf, 7: 157).

Allowed to you is game from the sea and its food as provision for you and the travelers, but forbidden to you is game from the land during the pilgrimage. And avoid wrath of God, to whom you will be gathered (Al-Maeda, 5: 96).

O children of Adam, take your adornment at every masjid (mosque), and eat and drink, but do not be excessive. He (Allah) does not like those who are excessive (Al-A'araf, 7: 31).

Say, "Who has forbidden the adornment of Allah and the good things of provision, which He has produced for His worshippers ?"

Say, "These are for those who have believed during the worldly life (but) exclusively for them on the Day of Resurrection." Thus We detail (clarify) the verses for a people who know(Al-A'araf, 7: 32).

Prohibitions ('Haram)

The Arabic root verb /'harrama/, to prohibit, and some of its derivatives were mentioned in the Holy Quran 53 times in 47 verses. However, there are 26 prohibitions, in nine categories, included in these verses, as 'Haram.

Meat

There are eleven prohibited kinds of meat, as mentioned in the following two verses of Surat Al-Maeda.  Prohibited ('hurrimat) to you are dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah, and (those animals) killed by strangling and by a violent blow and by a (head-long) fall and by the goring of horns, and those from which a wild animal has eaten, except what you (are able to) slaughter (before its death), and those which are sacrificed on (stone) altars (Al-Maeda, 5: 3).

 And forbidden ('hurrima) to you is game from the land as long as you are in the state of ihram (during pilgrimage) (Al-Maeda, 5: 96).

Great Sins and Wrongdoings

There are six prohibited kinds of great sins and wrongdoings, as mentioned in the following two verses of Surat Al-A'araf.  Say, "My Lord has only prohibited ('harrama) great sins (excessive acts of disobedience to God) - what is apparent of them and what is concealed, and sin, and transgression without a (legal) right, and that you associate with Allah that for which He has not sent down authority, and that you say about Allah that which you do not know" (Al-A'araf, 7: 33).

And (the Messenger of God) prohibits (yu'harrimu) for them the (hidden) harmful (things or behaviors) (Al-A'araf, 7: 157).

Forcing People out of their Homeland

And you evict a party of your people from their homes, collaborating against them in sin and aggression. And if they come to you as captives, you ransom them, although their eviction is forbidden (mu'harramun) to you (Al-Baqara, 2: 85).

Usury (Riba)

 Allah has allowed selling (and buying) and has forbidden ('harrama) usury (riba). (Al-Baqara, 2: 275).

Verse 3: 130 of the Holy Quran defines usury (riba) as compound interests on a loan that exceed doubling of the loan principal. It states: "O you who have believed, do not consume usury, doubled and compounded, and avoid the wrath of Allah so you may prosper" (Al-'Imran, 3: 130).
Killing People without a Right, Killing Children Out of Poverty, and Mistreatment of Parents

Say, "Come, I will recite what your Lord has prohibited ('harrama) to you: That you do not associate anything with Him, and to (give) parents good treatment, and not to kill your children out of poverty; We will provide for you and them. And do not approach great sins - what is apparent of them and what is concealed. And do not kill the soul which Allah has forbidden ('harrama) except by a (legal) right. That is what He has instructed you that you may reason"  (Al-Ana'am, 151).

And do not approach the orphan's property except in a way that is best until he reaches maturity (Al-Ana'am, 152).

Sexual Activity outside Marriage

 A male fornicator involves (himself) with a female fornicator or a polytheist, and a female fornicator is involved only with a male fornicator or a polytheist, and that has been made prohibited ('hurrima) to the believers (Al-Nour, 24: 3).

 Makkah City, the Location of Al-Ka'aba, the 'Haram House of God

[Say, O Muhammad], "I have only been commanded to worship the Lord of this City (Makkah), who made it prohibited ('harramaha) (made it a sacred sanctuary) (Al-Naml, 27: 91).

The Prophet, pbbuh, explained the meaning of Makkah as 'Haram, saying that it is a city in which it is prohibited to shed human blood (fighting), oppress anybody, uproot its thorny plants, or hunt its game (The Hadith was mentioned by Ibn Katheer and the meaning was also mentioned by Al-Seyouti, Al-Tabari, and Al-Qurtubi).

Fighting During the 'Haram Months

The prohibited ('haramu) month for the prohibited month,- and so for all things prohibited,- there is the law of equality. If then any one transgresses the prohibition against you, then transgress likewise against him (Al-Baqara, 2: 194).

Before Islam, Arabs observed a peaceful period of time, spanning the three consecutive lunar months of Dhul Qa'ada, Dhul Hijja, and Mu'harram, as well as the separate month of Rajab. During these four 'Haram months, fighting was prohibited ('Haram), as mentioned by Ibn Katheer in his interpretation of Verse 5: 2, and Verse 5: 96. This tradition of peace time was also upheld by Islam.

In the sixth year after Hijra (immigration to Medina), the Prophet, pbbuh, left to Makkah to perform 'Umra, a short pilgrimage, during the 'Haram (prohibited) month of Dhul Qa'ada. However, the non-believers denied him entry to the Holy City, which saddened him because he could not fight them to enter by force during the prohibited month.

He returned the following year, during the same month of Dhul Qa'ada and performed his 'Umra, together with many Muslims, after winning an arbitration or judgment against the non-believers of Makkah.

After this incident, Verse 194 of Surat Al-Baqara (Chapter 2 of the Holy Quran), was revealed to be a rule about fighting during the prohibited months. It stated that the prohibited months should be upheld by the believers as long as the non-believers are upholding them. However, if they transgress during these months, then believers have the right to counter their acts.

Lotting

It is prohibited for believers to seek divination methods in making decisions about their affairs. Rather, they should make decisions after gathering information, thinking, and reasoning.

And ('hurrimat, prohibited to you is) that you seek decision through divining arrows (Al-Maeda, 5:3).

Notes:

 [1] Some early Muslim scholars classified these commands (in the imperative verb form) by subject, as was the case with Imam Nawawi (may Allah be pleased with him, he died in 671 Hijria, 1272 Gregorian) in his famous book of "Riyadh Al-Saliheen." His work, though, focused on Hadith, not on the Holy Quran.

 Arabic Quran indexes, in paper or electronic forms, can help researchers search the Holy Quran by subject. However, such searches may not be exhaustive.

It seems that the only way to conduct an exhaustive search of God's commands, using the imperative verb form, by subject, is by searching the Holy Quran, verse by verse.

[2]  The following is the Arabic text of Al-Qurtubi's interpretation of Verse 13 of Surat Al-Shoura (Chapter 42), which explains the word, Shari'a. It summarized in English above. [3] Verse 3: 130 of the Holy Quran defines usury (riba) as compound interests that lead to doubling a loan's principal. This was interpreted as exceeding 9% of interests by the Ottoman government, in 1887, and 7% by the current governments of Iran and Pakistan.

However, even with a lower interest rate, a loan is considered usurious (riba) if the compounded interests exceed doubling of the loan principal (Usury and Islamic Economics and Finance: A Different View By Hamed Al-Homoud Al-Ajlan. Arabic, pages 103-110).

[4]  In this verse (2: 222), men are commanded to “come to women from where Allah has commanded them.” While the verse does not state where that is, it refers to two previously mentioned verses in Surat Al-Baqara (Chapter 2 of the Holy Quran), which give a clarification.

Verse 2: 187 allows Muslims to have sexual activity during the nights of fasting.

Verse 2: 189 tells Muslim men to come to their homes from the front doors, not from the back doors.

Further, Verse 21 of Al-Room (Chapter 30) and Verse 6 of Al-Talaq (Chapter 65), refer to women as the homes or dwellings of men.

Thus, men are commanded to enter their homes (their women) from the front door (vaginal intercourse), not from the back door (anal intercourse), because this is as harmful as intercourse during menstruation.

Ahkam in the Holy Quran

Two main categories of Hukm have been classified by the Muslim Jurists;

Hukam Taklifi

To create an obligation for comission or omission of an act.

Hukm Wadi

 To Provide criteriion for judging whether an act perform is valid or not.

Quran as a source of Islamic Law

Quran is the primary source of Islamic Law; but it is not in codified form. It covers all aspects of human action, e.g. moral, ritual, legal and worldly aspects. All Usulis are unanimous on the point that Holy Quran is the base of Islamic law; thus providing the primary legislation on Islamic legal system. Its authenticity as the source of law lies in the fact that it is direct speech of God. All other sources derive their authenticity and validity from Quran.

Sources of Islamic Law:

Primary Sources:

1. Quran                                      2.   Sunnah

Secondary Sources:

1. Ijma                             2.    Qiyas                    3.    Ijtehad

Justification of Quran as a primary Source of law:

Following points are considered when it is declared that the Holy Quran is primary source of law;

Quran as a divine source:

The entire ummah agrees that the Holy Quran is the divine source of law. It is thus binding on the jurists to have recourse to it while discovering any law. It was revealed on the Holy Prophet PBUH by way of tawatur thus obviating every possibility of its being changed by any human being.

On the other hand jurists also agree that the Quran covers all aspects of human life either expressly or by implication. There is a statement of al Shafi that “There is no incident that befalls one of those who follow the din of Allah without there being evidenced in the book of Allah providing guidance for it”

Attributes of Quran:

The Quran is a speech of Allah Almighty revealed to Muhammad (PBUH); it is specified in Al Najm: 3 that “And He does not speak of His own desire, it is all revealed on Him”

The Arabic words of the Quran as well as their meanings are both revealed, thus no translation or tafseer can become part of Holy Quran;

The Quran is transmitted to us by way of Tawatur.

The ijaz of Quran is that the human beings are unable to imitate it or to bring about something similar to it.

Methods of deriving laws from Quran:

Law can be derived through;

1. Established fundamental versus;
2. Through sunnah interpreting the verses of Quran;
3. Through Ijtehad on the Verses;
4. Through Ijma of Ummah; and
5. Through Qiyas on the Verses.

Nature of Quranic Reference:

There are two basic systems of Quranic legislation;

1. Fundamental;
2. Allegorical

• Quranic reference: He it is who has sent down to thee the book, in it are verses basic and fundamental; they are the foundation of the book, other are allegorical (3:7).

Kinds of Ahkam in Holy Quran:

Two main categories of Ahkam have been classified by Muslim Jurists;

1. Hukm –e- taklifi; and
2. Hukm-e-wadii

Hukm-e-taklifi:

The term takliif indicates the presence of element of difficulty in any act. Hukm-e-taklifi is a hukm which demands from human being to do a particular act in a specific way. Following are classifications of act;

I)         Commands of "Do" and "Don't Do" in the Holy Quran

In the first section of this article, I pointed to 26 major commands in which Allah, praise to Him, specified behaviors or things that believers should not do, using the Arabic root verb 'harrama, to prohibit, and its derivatives. These commands addressed issues related to food, sins, transgression, taking partners with God, falsifying about God, forcing people out of their homeland, usury, mistreatment of parents, killing of children and innocent people, fornication, sanctity of Makkah, sanctity of the four 'Haram months, and lotting.

This second section involves Commands of "Don't Do" (Nahy) in the Holy Quran.

II)      Commands of Forbiddance, Desistance, or "Don't Do" (Nahy)

The commands of "Forbiddance," "Desistance," or "Don't Do" (Nahy) have the meaning of "Ta'hreem" or "'Haram" in Islam.

One piece of evidence comes from the prohibition (Ta'hreem) of usury (Riba) in Al-Baqara (2: 275), then the "Don't do" (Nahy) in Al-Nissa (4: 171).

Another piece of evidence comes from the prohibition (Ta'hreem) of taking partners with God, in Al-A'araf (7: 33), then it is expressed as a command of "Don't do" or "Forbiddance" (Nahy) in Al-Ana'am (6: 56). 

A third piece of evidence comes from mentioning great sins (fawa'hish) and transgression (baghi) as prohibition (ta'hreem) in 7:33 and as a "Don't Do" command (Nahy) in 16: 90.

There are nine specific commands using the Arabic root verb /naha/, do not do, or its derivatives. These are commanding Muslims not take usury, or earn money by fraud (Al-Nissa, 4: 161), or worship other than Allah (Al-Ana'am, 6: 56), or plot sin, aggression, and disobedience to the Messenger (Al-Mujadala, 58: 8), or take as guardians those who fight them over religion, get them out of their homelands, or support those who force them out (Al-Mumtahina, 60: 9).

God also commands Muslims not to commit great sins, denounced acts, and transgression (Al-Na'hl, 16: 90), which were mentioned also before as prohibitions ('haram).

Muslims are told about the punishment of Adam and his wife for disobeying God's command of not eating from the tree (Al-A'araf, 7: 22).

People of the Book (Christians in this case) are commanded to stop saying that God is three. He is only One God. As for the Messiah, Jesus Son of Maryam (Mary), he is God's Messenger, His Word and part of His Spirit thrown to Maryam (Al-Nissa, 4: 171).

Muslims are also commanded to enjoin what the Messenger of God had told them to do and abstain from doing what he told them not to do (Al'Hashr, 59: 7). This is a command for Muslims to follow the right and strongly narrated Hadiths of the Messenger of God, pbbuh.

And (for) their taking of usury while they had been forbidden (nuhu) from it, and their consuming of the people's wealth unjustly. And we have prepared for the disbelievers among them a painful punishment (Al-Nissa, 4: 161).

O People of the Book, do not commit excess in your religion or say about Allah except the truth. The Messiah, 'Eissa (Jesus), the son of Maryam (Mary), was but a Messenger of Allah and His Word which He directed to Maryam and a Soul from Him. So believe in Allah and His Messengers. And do not say, "Three." Desist (intahu), it is better for you (not to say that). Indeed, Allah is One God. Exalted is He above having a son. To Him belongs whatever is in the heavens and whatever is on the Earth. And sufficient is Allah as (your) Patron (Al-Nissa, 4: 171).

Say, "Indeed, I have been forbidden (nuheetu) to worship those you invoke besides Allah." Say, "I will not follow your desires, for I would then have gone astray, and I would not be of the guided" (Al-Ana'am, 6: 56).

Thus, he led them on with deception. And when they tasted (of) the tree, their shame (of nakedness) became manifest to them, and they began to cover themselves with leaves of Paradise. And their Lord called them, (saying): Did I not forbid you (anhakuma) from that tree and tell you that the Shaitan (Satan) is to you a clear enemy? (Al-A'araf, 7: 22).

Allah orders justice and good conduct and giving to relatives and forbids (yanha) great sins, denounced acts, and transgression. He admonishes you so that you may remember (Al-Na'hl, 16: 90).

Have you not considered those who were forbidden (nuhu) from private conversation, then they return to that which they were forbidden and converse among themselves about sin and aggression and disobedience to the Messenger? And when they come to you, they greet you with that (word) by which Allah does not greet you and say among themselves, "Why does Allah not punish us for what we say?" Sufficient for them is Hell, which they will burn in, and wretched is that destination (Al-Mujadala, 58: 8).

And whatever the Messenger has given you - take; and what he has forbidden you (nahakum) - refrain from. And avoid the wrath of Allah. Indeed, Allah is severe in punishment (Al-'Hashr, 59: 7).

Allah only forbids you (yanhakum) from those who fight you because of religion and expel you from your homes and collaborate in your expulsion - that you take them as your gurdians. And those who take them as guardians are the oppressors (Al-Mumta'hina, 60: 9).

III)      Commands of Do, using the word "command" (Amr)

Believers are commanded to do things that are good for them in this life, which will also be rewarded in the hereafter. Here are twenty-one of them, from verses using the Arabic root verb /Amara/, to command, and its derivatives:  

 And they ask you about menstruation. Say, "It is harm, so keep away from women (your wives) in menstruation. And do not approach them until they are purified (cleaned of it). And when they have purified, come to them from where Allah has commanded you (amarakum). Allah loves those (who are) repentant and loves those (who are) purified" (Al-Baqara, 2: 222). [4]

 Allah commands you (ya-murukum) to render trusts to whom they are due and when you judge between people to judge with justice. Excellent is that which Allah instructs you. Allah is Hearer and Seer (Al-Nissa, 4: 58).

 I did not say to them except what You commanded me (amartani) with - to worship Allah, my Lord and your Lord. And I was a witness over them as long as I was among them; (but) when You completed (my record on Earth), You were the Watcher over them, and You are, over everything, Witness (Al-Maeda, 5: 117). 

 Say (O Muhammed), "(who) other than Allah (you want me) to take as a protector (guardian)? (He is the) Originator of the heavens and the Earth, and Who feeds (but) is not fed." Say, "I have been commanded (omirtu) to be the first (among you) who submit (to Allah, by being a Muslim) and (have been commanded): 'Do not be of the polytheists' " (Al-Ana'am, 6: 14).

  Say, the guidance of Allah is the (true) guidance, and we have been commanded (omirna) to submit (be Muslims) to the Lord of the worlds (Al-Ana'am, 6: 71).

  Say, (O Muhammad), "My Lord has commanded (amara) justice and that you maintain (prayers) at every place of prostration (mosque), and call Him, sincere to Him in religion." Just as He originated you, you will return (Al-A'araf, 7: 29).

 They have taken their clergy and monks as lords besides Allah, and the Messiah, the Son of Maryam (Mary). And they were not commanded (omiru) except to worship one God; there is no deity except Him. Exalted is He above whatever they associate with Him (Al-Tawba, 9: 31).

  Say, (O Muhammad), "O people, if you are in doubt of my religion, then I do not worship those which you worship other than Allah; but I worship Allah, who receives you when you die. And I have been commanded (omirtu) to be of the believers (Younus, 10: 104).

  So straighten up (remain on the right course), as you have been commanded (omirta), and those with you who have repented, and do not transgress (do not be excessive). Indeed, He is Seeing of what you do (Hood, 11: 112).

 You do not worship other than Him except names you have named, you and your fathers, for which Allah has sent down no authority. Legislation is not by any except  Allah. He has commanded (amara) that you worship none except Him. That is the correct religion, but most people do not know (Yousuf, 12: 40).

 And those who join that which Allah has commanded (amara) it to be joined and fear their Lord and are afraid of the worst (at the time of) reckoning (Al-Ra'ad, 13: 21).

 Say, "I have been commanded (omirtu) to worship Allah and not associate (anything) with Him. To Him I invite, and to Him is my return" (Al-Ra'ad, 13: 36).

  Allah commands (ya-muru) justice, and good conduct, and giving to relatives, and forbids great sins (fa’hsha), and denounced overt conducts (monker), and transgression. He admonishes you that perhaps you will remember (Al-Na'hl, 16: 90).

  And command (wa-mur) your family to (perform) prayer and be patient (in doing so). We do not ask you for provision, We provide for you, and the (best) outcome is for piety (Taha, 20: 132).

 (Say, O Muhammed), "I have only been commanded (omirtu) to worship the Lord of this city, who made it sacred, and to whom (belong) all things. And I have been commanded (omirtu) to be of the Muslims (those who submit to Allah) (Al-Naml, 27: 91).

  Say, (O Muhammad), "Indeed, I have been commanded (omirtu) to worship Allah, (being) sincere to Him in religion (Al-Zumar, 39: 11). 

 And I have been commanded (omirtu) to be the first (among you) of the Muslims" (Al-Zumar, 39: 12).

 And I have been commanded (omirtu) to submit (be a Muslim) to the Lord of the Worlds (Ghafir, 40: 66).

So to that (religion of Allah) invite, (O Muhammad), and straighten up (remain on the right course), as you have been commanded (omirta), and do not follow their desires,  and say, "I have believed in what Allah has revealed of a Book (the Holy Qur'an), and I have been commanded (omirtu) to do justice among you (Al-Shoura, 42: 15).

And they were not commanded (omiru) except to worship Allah, (being) sincere to Him in religion, inclining to truth (‘hunafa), and to establish prayer and to give zakah. And that is the correct religion (Al-Bayina, 98: 5).

Wajab:

                        These are obligatory hukms

Mandoob:

These are recommended act. To obey them is recommended and disobeying is not a sin.

Haram:

          These are forbidden acts; doing anything haram is strictly forbidden and is a sin.

Makruh:

These are the acts which are recommended to be avoided.

Mubah:

these are acts of indifference these are neither prohibited nor recommended.

Hukm-e-Wadii:

It is a communication; which declares a thing to be a cause of condition of a rule or an impediment to it. It becomes effective only when the cause arises and not otherwise, e.g. blood relation is a cuase of inheritance.

Quran

The Qur'an is the first and most important source of Islamic law. Believed to be the direct word of God as revealed to Muhammad through angel Gabriel in Mecca and Medina, the scripture specifies the moral, philosophical, social, political and economic basis on which a society should be constructed. The verses revealed in Mecca deal with philosophical and theological issues, whereas those revealed in Medina are concerned with socio-economic laws. The Qur'an was written and preserved during the life of Muhammad, and compiled soon after his death.^[6]

The verses of the Qur'an are categorized into three fields: "science of speculative theology", "ethical principles" and "rules of human conduct". The third category is directly concerned with Islamic legal matters which contains about five hundred verses or one thirteenth of it. The task of interpreting the Qur'an has led to various opinions and judgments. The interpretations of the verses by Muhammad's companions for Sunnis and Imams for Shias are considered the most authentic, since they knew why, where and on what occasion each verse was revealed.  

The Origins of Islamic Law

Although the Qur'an – unlike for example The New Testament – contains rules of conduct in ca. 500 of its 6,237 verses, it is far from being a code of law. Firstly, the majority of these verses are instructions regarding rituals while only a small number refers to subjects of civil and criminal law. Secondly, even the latter are presented as ethical duties and only in some exceptions, and only with reference to a small number of subjects, are they expressed in a more legally defined language.

Today there is a wide consensus within academic literature that during the early days of Islam legal problems were addressed by drawing on existing legal systems. However – and this is typical of the formative phase of religious laws – as time went on an increasing number of questions concerning rules and regulations arose. As a result, the existing legal systems were step by step supplemented and overarched by rules derived from Qur'anic revelations and from Muhammad’s actions and words.

Regarding the prophetic tradition there were two schools of thought, which were not, however, clearly distinct from one another. While the ahl al-ra'y as "people of the individual opinion" supported independent reflection, the ahl al-ḥadīth ("people of hadith") strictly adhered to the Prophet's acts and words, whose authenticity thus became a fundamental issue and theologians and law scholars developed criteria to prove this authenticity. These criteria do not meet modern academic standards, and consequently the discipline of Hadith criticism appeared on the scene in the 20th century. The radical position, represented above all by Ignaz Goldziher (1850–1921)  and Joseph Schacht (1902–1969) , stated that only from the second Islamic century onwards one can speak of Islamic law, and that consequently the majority of Prophetic traditions must be seen as later fabrications, and, therefore, falsifications. Nowadays the majority of Islamic scholars reject this radical position. It has been pointed out that already in the 1st century people would recur deliberately to the Qur'an and to the Prophet's own rulings as legal sources, even if this did not have quite the extent it would later assume. There is undoubtedly a certain continuity of the subject matter, even though modern scholarship regards the majority of traditions attributed to the Prophet as being apocryphal.

The attempts to make legal practice correspond to the ethical principles of the Qur'an and to Prophetic tradition had several consequences. On the one hand law that was legitimised in this way also became sacralised. On the other hand, this development increased the juridification of the evolving religion of Islam. Thus Islam was and is open to all the dangers typically besetting ideal legal models with religious legitimation in their struggle with the realities of society.

Prophetic tradition (sunna) and Qur'anic instructions were joined together into primary Islamic law, the Sharī'a, in Sunni Islam. Methodological advice for the determination of further laws (ijmā'/consensus and qiyās/analogy) based on the Sharī'a, is traditionally included in the primary legal sources; this is not, however, entirely uncontested. As regards the consensus the question arising is – as in Christianity – who must be party to the finding of a consensus and, above all, what is the importance of the community of the faithful as the acting subject? There is a general need for rules which determine how the consensus may be reached – in the Christian tradition for example by a synod – and institutionalised. Furthermore the admissibility of analogy and other lines of legal reasoning is not supported by all schools of law. Other means of interpreting laws and developing them further are even more contested within Islam, such as istiḥsān (which essentially comprises derivations of general principles of law and rulings in a conflict of norms) and istilā' (consideration of the common good). Because of their decisionist emphasis, these legal instruments were the reason why until today an extreme consideration of the facts and circumstances of individual cases will be called "Kadi's justice" in legal methodology.

Based on primary Islamic law thus evolved and the methodological instructions it includes, the science of Fiqh (insight, understanding) was developed from the end of the 8th century onwards. The norms obtained in this way are seen as the product of systematic human endeavour. Schools of law began to take shape, determined by their respective local traditions, and also showing different methodological traits. The 9th century saw the compilation and composition of extensive collections of laws and legal textbooks in the Byzantine style; probably at the caliph’s initiative. These works not only resulted in a systematic approach to the law, but eventually in the long run paved the way for leading scholars to declare the finding of justice out of their own endeavours concluded (closure of the gates of ijtihād). Despite the fact that in practice Islamic law remained a law of scholars and judges and consequently relatively flexible, its theory had thus received its final form. From the point of view of the comparative history of law  it is remarkable that it was also between the 10th and 13th centuries that the law of the various Eastern Churches as well as Jewish law achieved their definitive collections and textbooks of laws. We should not dismiss the possibility that Islamic law may have been something of a model here, or that there was a practical need for collecting the laws in use among the Christian and Jewish minorities within Islamic territory.

Like all religious laws, Islamic law contains rules for the relationship between the faithful and their God ('ibādāt) and rules for the relations of people among themselves (mu'āmalāt). While a revolutionary development in the wake of an institutional and political division of powers led to the differentiation between these two spheres of law in the West, determining Western legal history since the High Middle Ages, no similar development has taken place in Islam. When it comes to a transfer of laws , the fact that law and religion are so closely intertwined within Islam would naturally prove a hindrance to any transfer in either direction between Islamic and European Law far into modern times.

The Islamic Ideology

The core Islamic Ideology is that there is no god but Allah[1]. Only He is the Giver of the Supreme Law (Lahu-al-Hukm) [2]. Only He has the Ultimate Sovereignty (Lahu-al-Mulk) [3]  and only He has the Ultimate Authority to be submissively obeyed, worshiped and adored (Lahu-ad-Deen) [4] (FaAbudoohu) [5].  All manmade laws must be consistent with His Supreme Law and all human authorities must be subordinate to His Divine Authority. Allah has no partners in His Supreme Legislative Authority (al-hukm)[6], in His Ultimate Sovereignty (al-mulk) [7] or in His Ultimate Authority to be submissively obeyed, worshiped and adored (ibadat) [8].

لَهُ الْحُكْمُ ; لَهُ الْمُلْكُ ; لَهُ الدِّينَ

     

 Legislation Verses Of Quran

Also known as verses of sharia)(in Arabic: آيات التشريع) is the Quranic verses concerning the legislation of the Islamic laws. The Quran as the primary source of sharia is widely accepted among the Islamic denominations (for more see sources of sharia).

 (Listed below are examples of legislation verses quoted from the Qur'an, if you're expert in the Islamic fields or the Quranic readings, please help us expanding it)

Marriage:

Marry of the women who seems good for you (4:3)

“And marry those among you who are single and of the salihoon of your salves and maids…” (Al-Noor: 32)

Dower:

And give the women their dower as a gift but if they, of their own good pleasure, remit any part of it to you, take it and enjoy it with right good cheer. (4:4)

Khula:

If a wife fears cruelty or desertion on her husband’s part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best; even though men’s souls are swayed by greed. But if ye do good and practice self-restraint, Allah is well-acquainted with all that ye do. (2:128)

Divorce:

When ye divorce women, and they fulfil the term of their (‘Iddat), do not prevent them from marrying their (former) husbands, if they mutually agree on equitable terms. This instruction is for all amongst you, who believe in Allah and the Last Day. That is (the course Making for) most virtue and purity amongst you and Allah knows, and ye know not. (2:232)

Theft:

And male as well as female thieves, cut the hands of both in retaliation of their deeds and if this is by way of punishment from Allah.

Inheritance:

From what is left by the parents of those nearest related there is a share for men and a share for women, whether the property be small or large, a determined share. 4:7

Evidence:

And witnesses must not refuse when they are summoned.

Homicidal:

Don’t kill a soul which Allah has made sacred except through the due process of law. (6:15)

Defamation:

And those who accused honorable women bring not four witnesses, scourge them with eighty stripes and never accept their testimony, they are indeed evil-doers.

Adultery:

The women and the men guilty of adultery or fornication, flog each of them with 100 stripes.

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Quran and Politics

Verses of Peace and Political Behaviors

·         So if they remove themselves from you and do not fight you and offer you peace, then Allah has not made for you a cause [for fighting] against them. [4:90]

·         O you who have believed, when you go forth [to fight] in the cause of Allah , investigate; and do not say to one who gives you [a greeting of] peace "You are not a believer," aspiring for the goods of worldly life; for with Allah are many acquisitions. You [yourselves] were like that before; then Allah conferred His favor upon you, so investigate. Indeed Allah is ever, with what you do, Acquainted.[4:94]

·         And the servants of the Most Merciful are those who walk upon the earth politely, and when the ignorant address them [harshly], they say [words of] peace [25:63]

·         And when they hear ill speech, they turn away from it and say, "For us are our deeds, and for you are your deeds. Peace will be upon you; we seek not the ignorant." [28:55]

·         Allah only forbids you from those who fight you because of religion and expel you from your homes and aid in your expulsion - [forbids] that you make allies of them. And whoever makes allies of them, then it is those who are the wrongdoers.[60:9]

·         And do not be like those who came forth from their homes insolently and to be seen by people and avert [them] from the way of god. And god is encompassing of what they do.." [8:47]

Human Rights

Rights of the Poor

One of the important credentials of MUSALLEEN / MUTTAQEEN (مصلین، متقین), as given in the Quran, is that in their property or wealth there is a recognised/known right for those who ask for help and those who are deprived or impoverished although they do not ask for any help [51:19, 70:25].[Al-Quran Surah 51: Verse 19][Al-Quran Surah 70: Verse 24-25]

The word maal is used for ‘whatever one possesses’. It may be wealth, property, money, grains, cattle etc.

The word haqq means “a right”, “a due”, “a just claim”, “anything that is owed”, “a duty”, or “an obligation”. It is the singular of the word haqooq.

Quran calls this haqq as haqqun maloomun, which means that it is such a right or obligation that is well-known and well-recognised in a Quranic Society. Everymusalli / muttaqi knows about this obligation and every asker and the deprived one knows about this right.

In a Quranic society, it is the recognised right of every deprived one and the one who asks for help that he is helped and it is an obligation of every musalli / muttaqithat he helps.

It must be remembered that what is given to the asker or the deprived ones for their help is not charity but it is their due RIGHT according to Quran.

Quran takes regard of the self-esteem or the self-respect of the deprived ones and it makes incumbent uponmusalleen / muttaqeen to help them not as a charity but as their due RIGHT.

Two-Nation Theory in the Light of the Quran

Two-nation theory was pivotal in laying the foundation of the Islamic Republic of Pakistan.  This brief article looks into the Quranic basis for the two-nation theory.

According to the Quran, the Creator of the mankind has divided human beings into two main categories. This categorization is based on their specific belief/value system instead of factors such as their descent, race, colour, language or geographical location. One category of mankind that accepts that belief/value system is called the category of Believers or Momins and the one that rejects that belief/value system is known as the category of Disbelievers or Kafirs.

He it is Who has created you all; then someone amongst you is a disbeliever and someone amongst you is a believer; and Allah is ever beholding whatever you do.

[Al-Quran Surah 64: Verse 2]

The Creator of the mankind has given full liberty and freedom to human beings for being a believer or disbeliever, of course, with a warning that whoever will act unjustly will have to bear the consequences. 

And Say: (It is) the truth from your Lord. Then whosoever will, let him believe, and whosoever will, let him disbelieve. (However, keep in mind that) We have indeed prepared a fire (of hell) for the wrongdoers.

[Al-Quran Surah 18: Verse 29]

In addition to giving complete liberty in choosing one’s beliefs, the Creator of the mankind has also given full freedom of action, of course, again with a warning of the consequences.

Verily, those who turn away from Our Ayat (proofs, evidences, verses, lessons, signs, revelations, etc.), are not hidden from Us. Is he who is cast into the Fire better or he who comes secure on the Day of Resurrection? Do whatever you will. Verily! He is ever beholding whatever you do.

[Al-Quran Surah 41: Verse 40]

Freedom of Expression

Freedom of speech or expression is the political right to express one’s opinion or ideas. The right to freedom of expression is not absolute anywhere in the world, and is subjected to restrictions as with slander, sedition, libel, obscenity, etc. In an Islamic Republic, no one is allowed to spread immorality or broadcast obscenity in the name of freedom of media or press. No one is allowed to calumniate the innocent under the pretext of freedom of speech. Regarding the speech or expression, the Quran gives several guidelines such as: talking straight without any deception; choosing best words to speak and saying those in the best possible manner; speaking politely; shunning false and deceitful statements; not confounding truth with falsehood; using civilized language; and being just when voicing an opinion.

The Quran also gives guidelines for those who are at the receiving end of the information. It says: when you hear something malicious about someone, keep a favorable view about him/her until you attain full knowledge of the matter. It enjoins to consider others innocent until they are proven guilty with solid and truthful evidence. It urges to ascertain the truth of any news, lest you smite someone in ignorance and afterwards repent of what you did. It forbids following blindly any information of which you have no direct knowledge; using your faculties of perception and conception you must verify it for yourself; in the court of your Lord, you will be held accountable for your hearing, sight and faculty of reasoning.

One is absolutely free to express his/her opinion or ideas as long as these are not against the ‘just requirements of morality, public order or general welfare’. The Quran commands the Muslims not to use abusive, insulting or defamatory language even against the deities worshipped by the non-muslims. Freedom of speech should not lead to inciting violence or hatred among people, or divulging classified secrets of the state. The Quran mentions many prophets which were abused or mocked at by their contemporaries as being foolish, liars, possessed or fabricators but all of Allah’s Prophets responded with compassion, mercy and clemency and never took personal revenge. The last Messenger of Allah was compassionate and merciful not only for the believers but for all the humanity. It is not right for the authorities of the Islamic Republic to curb fair criticism on their policies and genuine differences of opinion. Anyone who suffers any injustice has full right to publically criticize those in authority but those who have not suffered any injustice cannot be allowed to spread malicious propaganda without any reason.

Liberty and Freedom

Liberty identifies a condition in which human beings can act according to their own free will and take responsibility of their actions. John Stuart Mill has differentiated two types of liberty, i.e. (a) absence of external coercion and (b) freedom to act. Isaiah Berlin also differentiated two types of liberty, i.e. (a) negative liberty which is about absence of external restraints to one’s action, and (b) presence of means and opportunities to act. Berlin described that a statement such as “I am slave to no man” is one of Negative Liberty, i.e. freedom from another individual’s direct interference. He contrasted this with a statement such as “I am my own master” as one of Positive Liberty, i.e. freedom to choose one’s own pursuits in life. Negative Liberty refers to ‘freedom from’ while Positive Liberty refers to ‘freedom to’. Charles Taylor has distinguished Negative Liberty as ‘freedom from external restraints’ and Positive Liberty as ‘freedom from internal restraints (such as fear, ignorance, weakness, etc.)’.

The Quran says categorically that “There is absolutely no compulsion or coercion in (opting for a particular) Deen (or a way of life or a system of beliefs and actions)”. Freedom of choice is the birth right of every human being. Allah says in the Quran that “Had He willed (not giving humans the freedom of choice), He would have made every human being believe all together; would you then (O Muhammad) compel people until they become believers?”.  One of the most notable tasks of Allah’s Messenger (s.a.w.) was to relieve people of their burdens and shackles of subjugation.

According to the Quran, everyone has full freedom of choice in believing and disbelieving in a particular system of beliefs. It says, “The Truth is from your Lord, whoever wills let him believe and whoever wills let him disbelieve”. The Quran gives complete freedom of choice in worship by saying that “Worship what you will…”, although it enjoins man worshiping only his Creator. The Quran also gives complete freedom of choice in actions by saying that “Do whatever you will…”. It further says that “Indeed, this (Quran) is a reminder, so whoever wills may take to his Lord a way”. “No human being – even though Allah may have given him a Code of Laws or the power to enforce it or even Nubuwwat (prophet status) – has the right to say to the others: ‘You should serve me rather than Allah,’ what he should say is: ‘You should be amongst those who belong to Allah by following His Book which you teach to others and study yourself’.

The Quran makes it clear that liberty goes hand in hand with responsibility of the consequences for one’s actions. It says, “There has come to you enlightenment from your Lord; whoever reflects on it, will do so to his own advantage. On the other hand, those who choose to remain blind to it, will do so to their own disadvantage”. “Whoever disbelieves will suffer from his disbelief, and whosoever does good works then such will prepare a good place for themselves”. “The truth from your Lord has certainly come to you. One who comes to be guided by it will be guided to his own advantage. But one who chooses to go astray will only harm himself”. “If you do the right thing it would be to your own advantage and if you go astray you will have to suffer the consequences of your wrong actions”. “Whoever does righteousness, it is for his own soul and whoever does evil does so against himself”. “Whoever commits a wrong, wrongs himself”. “Your insolence or transgression is against your own selves”.

It needs to be emphasized that ‘Liberty’ does not mean ‘License’. The Quran says, for example, that “One must not take away anyone’s life unjustly, which Allah has made sacred”. Unjust murder is such a heinous crime that it has been laid down in the Quran that “if one kills another except as a punishment for murder or if he do so for spreading disorder in the land it shall be as if he has killed all mankind. On the other hand, if one saves the life of a single person it shall be as if he has saved the lives of all mankind”. Similarly, one does not have the liberty to acquire anyone’s wealth or property unjustly or unlawfully.

The Holy Quran ensures the following types of freedom to all mankind: Freedom of life; Freedom of belief; Freedom of worship; Freedom of (lawful) action; Freedom from contempt and disrespect; Freedom from ridicule; Freedom from coercion; Freedom from servitude; Freedom from deprivation of the rights; Freedom from unjust or unlawful acquisition of wealth or property; Freedom from injustice and unfairness. Freedom of one man ends at that point where the freedom of another begins to get restricted and freedom from coercion does not imply freedom from discipline.

 

Verses of War and Defense

·         Fight in the way of Allah those who fight you but do not transgress. Indeed. Allah does not like transgressors [2:190] And kill them wherever you overtake them and expel them from wherever they have expelled you, and fitnah is worse than killing. And do not fight them at al-Masjid al- Haram until they fight you there. But if they fight you, then kill them. Such is the recompense of the disbelievers [2:191] Fight them so that there is no fitnah and [until] the worship is [acknowledged but optional to be] for god. But if they cease, then there will not be any aggression except against the oppressors [2:193][Fighting in] the sacred month is for [aggression committed in] the sacred month, and for violations is legal retribution. So whoever has attacked you, then attack them in the same way that they has attacked you. And fear Allah and know that Allah is with those who fear Him [2:194]..

·         And when the sacred months have passed, then kill the polytheists [who fought you] wherever you find them and capture them and besiege them and sit in wait for them at every place of ambush. But if they should repent, establish prayer, and give zakah, let them [go] on their way. Indeed, Allah is Forgiving and Merciful.[9:5]And if any one of the polytheists seeks your protection, then grant them protection so that they may hear the words of Allah . Then deliver them to their place of safety. That is because they are a people who do not know.[9:6] How can there be for the polytheists a treaty in the sight of Allah and with His Messenger, except for those with whom you made a treaty at al-Masjid al-Haram? So as long as they are upright toward you, be upright toward them. Indeed, Allah loves the righteous [who fear Him] [9:6]..... Would you not fight a people who broke their oaths and determined to expel the Messenger, and they had begun [the attack upon] you the first time? Do you fear them? But Allah has more right that you should fear Him, if you are [truly] believers.[9:13].... Fight those who do not believe in god or in the Last Day and who do not consider unlawful what god and His Messenger have made unlawful and who do not adopt the religion of truth from those who were given the Scripture - [fight] until they give the jizyah willingly while they are humbled.[9:29]

·         So if they remove themselves from you and do not fight you and offer you peace, then Allah has not made for you a cause [for fighting] against them. [4:90]

Divine law is any law that comes directly from the "will of God", in contrast to man-made law. Unlike natural law, which is independent of human beings, divine laws are totally dependent on human narrators and closely related to different cultures; they may change in human perception in time through new revelation, however, divine laws are eternal and constant, not subject to change. Divine laws are contained in sacred religious texts such as the Torah, the Holy Bible, and Quran.

Immutability of the Islamic Laws

Three things which are particularly mentioned in the Quran as unchangeable or immutable or for which there can be no substitute are: (1) Kalimaat-i-Allah (i.e. Allah’s words, precepts, or laws given in the Quran), (2) Sunnat-i-Allah (i.e. Allah’s laws in the universe or nature or His laws about the rise and fall of people or nations), and (3) Khalq-i-Allah (i.e. Allah’s way of making things whereby He has endowed every creation with a certain nature or constitution).

The idea of unchangeability or immutability has been extended by some Muslims to other texts besides the Word of God in the Quran, including books of hadith (most of which were compiled more than two centuries after the death of the Prophet (s.a.w.), and about which the compilers themselves never guaranteed that these were the actual words uttered by the Prophet (s.a.w.), and the texts, laws and interpretations done by or attributed to different Islamic scholars, caliphs or rulers from time to time. This ascription of immutability to the sources of Islamic Law other than the Quran has so far mostly been a hindrance rather than help in the implementation of Islam as a socio-politico-economic system in recent times because of lack of agreement among Muslims on these sources. Every Muslim sect claims to be following the Quran and Sunnah, yet every one of them appear to have their own version of Sunnah, which is even distinguishable from the style of their beard and headgear.

Undoubtedly, guidance must be sought from the judicial precedents of the Prophet (s.a.w) and other judicial authorities of the past by the authorities of our time. But whether these are as immutable as the word of God in the Quran, is a question of serious consideration for any student of Islamic jurisprudence. It needs to be thought whether the objective of cleaning the teeth is more important or cleaning it specifically with a particular length of a branch of particular tree is more important.

There are various degrees regarding the question of extent of immutability in Islamic Laws, including: (1) nothing is permanent (not even the word of God); everything is changeable, (2) only the word of God is unchangeable; every other law is amendable, (3) both the word of God and the word of the Prophet (s.a.w) are unchangeable; every other law is amendable, (4) word of God, the word of the Prophet (s.a.) and the word of the founder of a particular school of thought or a particular Islamic scholar of the past, all are unchangeable.

Whatever we decide the optimal combination of permanence and change in Islamic Jurisprudence, we should not forget to consider what the Quran declares as unchangeable, i.e. kalamat-i-Allah, Sunnat-i-Allah and Khalq-i-Allah.

There is also another way of looking at the question of immutability of sources of Islamic Laws. The Supreme Islamic Law given in the Quran by the Almighty Allah is called al-hukm. As far as al-hukm is concerned, only Allah has the authority to give al-hukm. He does not take any one (not even the Prophet (s.a.w.)) as a partner in al-hukm. No one is authorized to review, revise, reverse or amend His hukm. Hence, Allah’s hukm is the Supreme Law that is immutable and unchangeable, and there is no Supreme Law or hukm parallel to Allah’s hukm.

In addition to the Supreme Law (al-hukm) given in the Quran by Allah, there is another body of law, legislated in the light of the Supreme Law, called al-amr. As far as al-amr is concerned, Allah commanded the Prophet (s.a.w.) to do consultation with the community of believers regarding al-amr. The community of believers is also enjoined to do consultation among them regarding al-amr. Now the point of consideration is that whether a body of law (al-amr) legislated through mutual consultation of a community of believers of a particular space and time can be as immutable as the Supreme Law (al-hukm) given by the Almighty. In the light of the principle of mutual consultation given above, another point that is also of paramount importance is that the interpretation of any individual scholar, whoever he/she may be, cannot be implemented as such without undergoing the process of mutual consultation among the community of believers, made mandatory by the Quran.

In short, one extreme view is that there is no such thing as permanent values or absolute truths; everything is changeable and relative. Another extreme view is that everything that was decided through mutual consultation or otherwise by the Prophet (s.a.w), the caliphs, the Imams, or doctors of Islamic Law centuries ago, is permanent and cannot be amended or changed. Between these two extremes is a point of view that only the word of God is permanent and every other law is changeable or amendable by consultation among the Muslims, either in the parliament of their representatives or through referendum.

The Quran on Mutual Conflicts among the Muslims

Allah enjoins the believers to amicably reconcile their mutual differences and conflicts and forbids them from falling into disputes with one another, and warns them if they do not do so they will become weak as a community and their strength will be lost.

And reconcile your mutual differences.

(Al-Quran Surah 8: Verse 1)

And dispute not with one another, then you will lose courage by getting demoralized and your strength will be lost.

(Al-Quran Surah 8: Verse 46)

Allah also commands the Muslim community to establish a mechanism for settling their mutual disputes.

 And if two factions of the Believers get to fight, make them reconcile. Then if either of these (factions) commits injustice and aggression against the other, fight against (the one) that is committing aggression till it returns to Allah’s command (of establishing peace). When they revert and submit, make peace between them with equity. And put justice to work. Surely, Allah loves those who do justice.

(Al-Quran Surah 49: Verse 9)

No Place for Authoritarian Rule in Islam

According to the Quran, Allah imposed three main limits or restrictions on the Authority of the Prophet (saw).  The limit to his legislative authority was that he could not make unlawful anything which Allah has made lawful [1]. The limit to his judicial authority was that he had to judge all matters in the light of Allah’s revelation (i.e. the Quran)[2]. The limit to his executive authority was that he was to decide all public matters in consultation with the believers [3]. It is clear from this that there is no place for Authoritarian Rule in Islam.

Equality before the Law

Equality before the law is one of the basic principles of the Islamic Justice System[1]. So much so that Allah’s Messenger (s.a.w.), who is the highest judicial authority of Islam had to fear the punishment of the Mighty Day if he would not abide by the Divine Law[2]. Allah’s Messenger (s.a.w.) was in fact the first and the foremost to show complete submission and commitment to the Divine Law[3].

Justice has to be meted out with all fairness even if it goes against one’s own self, one’s parents or nearest relatives and whether it goes against the rich or in favour of the poor[4]. Emotional attachments or lust for worldly gains must not be a cause of deviation from the way of equity and fairness. The administration of justice has to be without any favouritism or prejudice. Even the hatred or enmity of a people must not deter a judge from doing justice^[5]. There is no place for any discrimination, biasness for or prejudice against anyone in the Islamic System of Justice.

Key Aspects of Justice

The following four key aspects of justice can be gleaned from the Quran:

-Giving people their due rights without any loss or diminution or deficiency or defect [1][2].
-Putting things or people at their proper and rightful places and positions [3].
-Deciding affairs with impartiality, unbiasedness, equity, fairness and equal treatment without any inclination to anyone in preference to another [4].
-Creating balance, harmony and proportion [5].

Bringing Change

The Holy Quran propounds an immutable law of change, i.e. “people or nations can’t have their state of affairs changed until they change their own psyche or mindset or paradigm”. A long-lasting positive change in a society can only be brought about through appropriate education. Even when a revolution is indispensable, the step of appropriate education and awareness in the community is a pre-requisite.

The Quranic strategy of the Prophet Muhammad (s.a.w) for bringing positive change in the society of his time was primarily based on four points: (1) Taleem-e-kitaab-o-hikmat (i.e. Education about the Quranic Injunctions and the wisdom behind those injunctions), (2)Tazkiya (i.e. Human Resource Development; the word tazikya is based on the root z-k-w, which primarily means ‘to grow or to develop’. The purpose of tazkiya is to develop the positive attributes and potentials in the people through appropriate education), (3) Tazkeer(i.e. Good Advice/Admonition/Exhortation), (4) Being a role model in integrity of character (Uswa-e-Hasna). A brief historical account of the struggle for change by the Prophet Muhammad (s.a.w.) is given below, which may serve as guidance.

The people of the pre-Islamic Makkah in the 6^th century AD had some great virtues including admirable habits of hospitality and generosity, forbearance and fortitude, and a sense of great determination and firm will. But till the dawn of the 7^th century AD, the state of human rights in the city state of Makkah was abysmal. Slavery was commonplace, and slaves were bought and sold like a commodity. Women were considered an inferior genus. Female slaves were forced to prostitution and female infants were buried alive. People were supremely superstitious, and most of them used to worship hand-made idols. Any followers of the Divine religions had lost or adulterated their original sacred texts and were impelled to follow the interpretations of the religious elite, who were never shy to misinterpret their religion for petty gains. Drinking, gambling and adultery were rampant. Political, administrative and religious portfolios were in the hands of a few influential tribal lords and trade was monopolized by a few rich traders.

In this backdrop in 610 AD a forty-years old noble personality of Makkah named Muhammad (s.a.w.), well-known among his people at that time as a truthful (sadiq) and honest (ameen) man, received the first installment of the Divine Revelation, with the proclamation of the name of his Guardian Lord. In the next installment, he was commanded by his Lord to rise up and warn his people of the harmful consequences of their prevalent way of life. Then he was commanded by his Lord to embark upon a program of social, political, economic and religious reforms in his society and urge people, inter alia: to comply with the commands of only One God Who was their Creator and Sustainer; to not worship idols or call upon entities besides Allah who could be of no benefit or harm to them; to not spread corruption in the land; to be kind to their parents; to take care of their relatives, orphans and the poor; to free their slaves; to not commit adultery; to not kill innocent human beings; to fulfill their promises; to give full measure and weight in business and trade; to not follow blindly anything without knowledge; and to mete out justice even if it goes against their relatives. He warned them against burying alive the female infants and killing their children for fear of hunger.  He told people that Allah has honored all the children of Adam, and tribal affiliations and descent had no merit. In the eyes of Allah, all have ranks according to their deeds and the person with highest integrity is worthy of the greatest honour.

His wife Khadija (r.a.), his adopted son Zaid (r.a.), his cousin Ali (r.a.) and a trusted friend Abu Bakar (r.a.) immediately believed in his prophetic status and stood up in support of his mission with further support from his uncle Abu Talib. (The Prophet’s father had died even before his birth and his mother had died during his childhood). The poor and the disadvantaged in the society were among the first to respond to his call to Islam, who saw a ray of hope for the amelioration of their socio-economic conditions. After the initial three years of private and individual preaching, the Prophet (s.a.w.) was commanded by the Almighty for open preaching, starting with the near kindred. Tribal leaders like Abu Jahal, Abu Sufyan, Abu Lahab and other rich and the influential Quraish of Makkah were extremely concerned with the emerging ideology, which was meant to free the common man from the shackles of their lordships. They made every attempt to check the spread of this ideology named Al-Islam, i.e. submission of one’s will to Allah’s commands.  They ridiculed and belied the Prophet (s.a.w.), called him insane and a liar. They launched slander and false propaganda campaigns against him and persecuted and tortured his followers. Bilal (r.a.), the salve of Umaiyah bin Khalf who had accepted Islam, was severely tortured by his master. Another victim of cruelty was a freed slave Ammar bin Yasir. His father and mother were tortured to death in front of his eyes. Other victims of torture included Abu Aflah, a freed slave of Bani Abdud-Dar and Khubbab bin Al-Arratt. The list of victims also had women including Umm Ubais, Zanirah and her daughter, just to name a few.

In order to escape from the day-by-day increasing persecution, some believers in Al-Islam had to leave their homes and emigrate from Makkah to Abyssinia (Ethiopia). But the Quraish could not tolerate any safe haven for them and followed them even there, to get them back and persecute them again. But the king of Ethiopia was kind enough to grant asylum to the believers. Meanwhile, the Quraish in Makkah socially and economically boycotted the prophet (s.a.w.) and his key protectors and supporters. The tyrants of Makkah also began hatching schemes to kill the prophet (s.a.w.). The life in Makkah became so dangerous for the prophet (s.a.w.) and his companions that ultimately they had to migrate to Medina, leaving behind their homes and their property, which was later plundered by the Makkahn tyrants.

This is a glimpse of the circumstances during the early 13 years of the prophetic life of Muhammad (s.a.w.) in Makkah, when he was enjoined by the Almighty for a strenuous struggle, i.e. Jihad against the disbelievers with the help of the Quran. This strenuous struggle or Jihad continued peacefully after migration to Medina but the Makkahn tyrants did not leave any stone unturned to harm the community of the believers even in Medina and continued hatching conspiracies along with the hypocrites of Medina. In such circumstances, while the community of believers was steadily gaining support and strength in Medina, they were now in a better position to offer a tougher resistance to their opponents. Now the believers were commanded by their Lord to strive hard against the disbelievers and the hypocrites, and to be stern against them. When the battles were imposed upon this community of believers while they were in Medina, they were commanded by their Lord to offer the armed resistance. Thus Jihad, which started in Makkah as a purely peaceful strenuous struggle with the help of the Quran for socio-politico-economic reformation, had to be transformed into an armed struggle by the believers to respond to the armed aggression of the anti-reform disbelievers and their supporters. At last, the strenuous struggle of the believers with unstinting patience and perseverance resulted in triumph with Allah’s help and people entered the fold of Islam in throngs. According to Montgomery Watt, “Foremost among the reasons for this success of Muhammad’s was the attractiveness of Islam and its relevance as a religious and social system to the religious and social needs of the Arabs”.

The Socio-Economic Order

The term ‘Salat’ has been used in the Quran not only to refer to a ritual (prayer) to commemorate Allah’s Guidance individually  and collectively and in the consultative assemblies and conferences of the Muslims but it also refers to a just socio-economic order that must be established if the Muslims have their own sovereign State. During the independence movement in India at the dawn of the 20^th century, the Muslim scholars were clearly divided into two main camps. Those who considered Islam merely a ritualistic Madhab and just had a narrow vision of the terms like ‘salat’ and ‘zakat’ were not keen for a separate sovereign homeland for the Muslims but were happy to have a united India where Hindus would be in majority and the Muslims would have complete freedom to perform their ritual ‘salat’ as well as other Islamic rituals. But those who had a broader view of Islam as a Deen and understood the terms like ‘salat’ and ‘zakat’ in wider sense were ardent supporters of the movement for a separate sovereign homeland for the Muslims of India, where Muslims would be able to order all political, social and economic aspects of their lives according to the Divine Law.

There are several verses of the Quran which make it abundantly clear that the term ‘salat’ is not restricted merely to a ritual but it also has connotations of a socio-economic order. This socio-economic order not only defines whom we serve, obey and adore but also how we handle our economics and what we do with our possessions. It is an order which restrains us from any indecent behaviour and any unlawful deed and for which it is necessary to have a sovereign state. The followers of such a socio-economic order (musalleen) are incessantly in a state of ‘salat’ (following intimately Allah’s laws in all walks of life) and consider in their wealth a recognized right for those who are needy and seek their financial assistance. Such musalleen (followers of the complete Islamic socio-economic order) have been contrasted in the Quran with those who although perform the ritual ‘salat’ but negating its socio-economic aspect, do not take care of those who are left alone in the society (such as orphans and widows) and do not urge feeding the poor. The Quran says that such musalleen (performers of ritual ‘salat’ only) are doomed.

It cannot be a coincidence that the terms ‘salat’ and ‘zakat’ have been used together at many places in the Quran. It is also noteworthy that the phrase ‘aat-al-maal’ and ‘aat-az-zakat’ have been used distinctly in the Quran. It appears that on one side the Quran enjoins the Muslims to practice individual acts of charity and on the other hand it enjoins them to establish a collective system of zakat which assures physical, mental and spiritual development of all citizens of their state.

In my humble understanding, as far as the individual ritual salat and individual charity is concerned, the Islamic state is not entitled to enforce these individual acts upon anyone although it should encourage, urge and exhort for performing ritual salat and giving individual charity. But as far as the collective socio-economic system of the state is concerned, it is the duty of the state to take such measures by which Muslims order their lives according to the Islamic Teachings and where all citizens of the state can fulfil their physical, mental and spiritual potentials. Of course, an obligatory taxation will be a part of such a system.

Verily, the (true) believers are only those whose hearts tremble when (the name of) Allah is mentioned before them, and when His Messages are recited to them, it increases them in belief and in their Lord only do they put their trust. Those who establish the Salah and keep the provision that We have given them, open (for the cause of Allah & the welfare of humanity). Such are the true believers. They have high ranks with their Lord and for them is security of forgiveness and honorable provision.

 [Al-Quran Surah 8: Verse 3-4]

The term ‘Salah’ has been used in the Quran not only to refer to a ritual (prayer)[1] to commemorate Allah’s Guidance individually[2]  and collectively[3] and in the consultative assemblies and conferences of the Muslims[4] but it also refers to a just socio-economic order that must be established if the Muslims have their own sovereign State[5].

The Islamic society can clearly be distinguished from any other society in the world. It has certain characteristic attributes that differentiate it from the rest of the societies of the world and the identity of a Muslim society is universal and Muslims from different parts of the world can easily form and adjust in an Islamic society, regardless of their cultural differences.

The lines below discuss the verses of Quran that describe the major attributes of an Islamic society.

Man and the Universe in the light of the Quran

Whereas in some religions, different things present in the universe are objects of worship or religious adoration, the Quran gives a diametrically opposite viewpoint about the relationship between the man and the universe. The Quran says that whatever is in the heavens and in the earth has been made subservient to man. The sea, the ships that sail in the sea; the rivers; the sun, the moon, and the stars; the day and night; and the animals are all just to name a few examples. All this subservience is according to Allah’s Laws and in all this are signs for those who think & reflect and who make use of their reason. The purpose of all this is that mankind may thrive and flourish. The nations who have thought and reflected, and made use of reason in doing research on what is in the heavens and the earth are thriving and flourishing but those who have neglected this, are poor and subservient to those who have done reflection and research.

Law of Survival of the Beneficent

In the light of a parable given in the Quran, one can infer that only those nations and societies will survive and remain on the earth to endure which are beneficent to the humankind. And the societies which do not result in any benefit to the humankind will disappear to go into oblivion. Here goes the parable:

“He sends down water from the sky and the valleys flow according to their (respective) capacity. Then the floodwater carries the scum raised to the surface. And (similarly) the items that are heated in the fire for making ornaments or other articles also have foam that comes up the same way. Thus Allah illustrates examples of the substantial reality and the futile vanity. So, (whether produced by water or by fire) the foam or scum passes away useless but that which is of benefit to the humankind endures in the earth. Thus Allah sets forth the parables”.

Al-Quran Surah 13: Verse 17

People or Nations that will survive to inherit the earth

According to the Quran, two key characteristics of those who will inherit the earth to rule the world are: TAQWA and SALAHIYAT 

 Surely the earth belongs to Allah. He makes its inheritors whom He wills of His servants; And (His will is that) the ultimate succession (to authority in the earth) belongs to Muttaqeen (i.e. those who are conscientious and act with integrity and uprightness).

Al-Quran Surah 7: Verse 128

That the inheritors of the earth will be My servants who are Salihoon (i.e. those who are incorrupt, righteous and fit for the position)

Al-Quran Surah 21: Verse 105

With reference to the infinitive noun sulooh or salaah , Salihoon means good, incorrupt, right, just, righteous, virtuous and honest people.

With reference to the infinitive noun salahiya , the word Salihoon means the people who are suitable, appropriate and fit for a position.

Crime as a cause of the fall of nations

The Arabic term ‘JǓRM’ primarily means cutting off (fruits of a tree) (for oneself) or shearing off (wool of a sheep); it also refers to selfish exploitation of resources for one’s own personal advantage. Other meanings of the term JǓRM include: a crime; an offence; or an unlawful act.

In the Quran, prevalence of JǓRM  or crime in the society has been given as one of the causes for the downfall of nations. Allah says in the Quran:

 Did We not destroy the earlier generations? So shall We make the later generations follow them. This is how We deal with the criminals.

 [Al-Quran Surah 77: Verse 16-18]

 

Well, are they better or the people of Tubba‘ and those who were before them? We destroyed (all of) them. Surely they were criminals.

[Al-Quran Surah 44: Verse 37]

 

And indeed We destroyed (a number of) communities before you when they perpetrated injustice. And their Messengers brought to them clear Signs but they would not believe. That is how We punish the criminals. Then, after them, We made you (their) successors in the land so that We might observe how you would behave.

[Al-Quran Surah 10: Verse 13-14]

Injustice as a cause of the fall of nations

The Arabic term ZULM  primarily means ‘not putting a thing where it belongs or where it ought to be’; it refers to ‘unfairness and injustice’ by depriving people of their due rights; acting wrongfully, injuriously or tyrannically; exceeding or falling short or deviating from proper time or place; transgressing proper limits; making someone to suffer loss; oppression; tyranny; and inequity.

ZULM has been described as one of the key reasons for the downfall and destruction of nations, in the Quran. Allah says in the Quran:

And We are not to destroy the townships unless their inhabitants are unjust & wrongdoers (Zālimeen).

[Al-Quran Surah 28: Verse 59]

And when Our messengers came to Ibrahim with good news (then, adding) they (also) said: ‘We are going to destroy the dwellers of this town because its inhabitants are unjust & wrongdoers (Zālimeen).

[Al-Quran Surah 29: Verse 31]

And the disbelievers said to their Messengers: ‘We will banish you by all means from our country, or you will have to return to our faith.’ Their Lord then revealed to them: ‘We shall certainly destroy the unjust & wrongdoers (Zālimeen).

[Al-Quran Surah 14: Verse 13]

(Also) say (to them): ‘Tell me if the punishment of Allah comes upon you all of a sudden or openly, will (any other) be destroyed except those who are unjust & wrongdoers (Zālimeen)?’

[Al-Quran Surah 6: Verse 47]

And indeed We destroyed (a number of) communities before you when they perpetrated injustice (Zulm).

[Al-Quran Surah 10: Verse 13]

Belief

The cornerstone for obtaining higher ranks or grades in the sight of Allah is belief in Him as being the Creator and Sustainer of the Universe, belief in the Divine Guidance revealed by Him; belief in the Messengers to which He revealed the Divine Guidance; belief in Malaika, through which Divine Guidance was communicated to the Messengers and through which many of the Divine plans are carried out in the Universe; and belief in the Hereafter for accountability and recompense of all of our deeds.

Allah will elevate in ranks those of you who believe and who are given knowledge.

 [Al-Quran Surah 58: Verse 11]

Knowledge

Along with belief, knowledge is another major criterion for obtaining higher grades and ranks in the sight of Allah. Knowledge of the Word of Allah is in the Quran encompassing guidelines for human life and universal laws of rise and fall of people and nations. Knowledge of the Work of Allah is in the Laws of nature discovered through scientific inquiry in the universe.

Allah will elevate in ranks those of you who believe and who are given knowledge.

 [Al-Quran Surah 58: Verse 11]

Performance

Knowledge alone, which is not translated into good useful actions, is not enough. That is why, performance of desirable deeds is also essential for good grades and ranks.

All shall have ranks according to their deeds, and so that (Allah) may recompense them in full for their deeds and no injustice may be done to them.

 [Al-Quran Surah 46: Verse 19]

All shall have ranks according to their deeds, and your Sustainer is not unaware of whatever they do.

 [Al-Quran Surah 6: Verse 132]

Righteous deeds

And who come to their Lord as believers, having done righteous deeds, so it is for them the exalted ranks.

 [Al-Quran Surah 20: Verse 75]

Emigration in the cause of Allah

Emigration not only refers to physical dislocation from one place to another in the cause of Allah but also a movement from a corrupt and exploitative socio-politico-economic system for the establishment of an upright welfare system.

Those who believed and emigrated and strived hard in the cause of Allah with their material and human resources enjoy a higher rank in the sight of Allah, and it is they who are the achievers of the ultimate goal.

 [Al-Quran Surah 9: Verse 20]

Struggle in the cause of Allah

Struggle in the cause of Allah with one’s wealth or other materials resources, and with one’s life or physical and mental abilities also results in higher ranks or grades in the sight of Allah.

Those who believed and emigrated and strived hard in the cause of Allah with their material and human resources enjoy a higher rank in the sight of Allah, and it is they who are the achievers of the ultimate goal.

 [Al-Quran Surah 9: Verse 20]

Allah has exalted those who strive hard with their possessions and their lives above those who sit idle. 

 [Al-Quran Surah 4: Verse 95]

Belief in Allah:

Perhaps the most rudimentary element that can easily be found in an Islamic society is the belief in Allah. the reason why an Islamic society is different from the rest of the societies of the world is the fact that this society is build on the foundation of Islam, which is a religion sent down by Allah. Thus, adopting Islamic structure of society does not mean anything if it is void of belief in Allah. As Allah says in Quran:

“O you who believe! Fear God as He should be feared and die not except in a state of Islam.” (3:102)

Justice And Balance:

The first thing that will be present in an Islamic society is justice and balance. Before the advent of Islam the Arab society was living in darkness where there was neither any justice nor any balance in the society and all that was there for them was the rule of jungle where the fittest survived. However, when it comes to the establishment of an Islamic society, Allah tells Muslims to establish justice and balance in the society. This teaching is mentioned in Quran in the following way:

“Thus have we made of you an Ummah justly balanced, that you might be witnesses over the nations, and the Apostle a witness over yourselves…..” (2:143)

Therefore, the first element to be present in a Muslim society is justice and balance among its people.

Brotherhood:

Another element that needs to be present in a Muslim society is unity. There are countries and nations in the world, which are created on the bases of the cultural or racial divide that exists between them. However, when one speaks of the Muslim Ummah, there is no divide and segregation between the members of the Ummah. Regardless of whatever cultural or racial background one has, once one is the member of an Islamic society, all are equal and there is no differentiation between them. As Allah says in Quran:

“Verily, this brotherhood of yours is a single brotherhood, and I am your lord and cherisher. Therefore, fear me (and no other).” (23:52)

Consultation:

Islam believes in considering the opinion of everyone. Regardless of whatever the system of ruling in the society is, Islam wants its authorities to reach a decision after consultation and no personal or single opinion or judgment is encouraged in Islam. Therefore, whether it is taking the opinion of people by asking them, or taking the learned people into consideration, Islam wants its members of society to reach decisions of collective benefit after proper consultation with each other. As Allah says in Quran:

“And those who have responded to their lord and established prayer and whose affair is (determined by) consultation among themselves, and from what we have provided them, they spend.” (42:38)

Therefore, a Muslim society conducts its processes and decisions after proper consultation and everyone has a right to give their opinion.

No Compulsion In Religion:

Although it is the duty of an Islamic society to create and provide such an environment where Muslims are able to practice Islam easily and they get to live by Islam in a way they want to, however, an Islamic society has no right to force other people from other religion to live by Islam in an Islamic society. There is no compulsion on people of other religion to leave the way they live and shape their living to Islam. Therefore, it is imperative that an Islamic society does not force people of other religion to accept Islam or live according to Islam. As Allah says in Quran:

“…there is no compulsion in the matter of religion.” (2:256)

Commending Good:

Although it  seems an understood thing, however, for a Muslim society the commendation of good is not an option, rather it is one of the requisites for an Islamic society. When a society becomes Islamic, it needs to commend goodness and encourage people to do good. As Allah says in Quran:

“You are the best Ummah raised up for people: you enjoin good and forbid evil and you believe in Allah.” (3:110)

Forbidding Evil:

As imperative it is for an Islamic society to encourage the doing of good among people, it is equally imperative for them to forbid evil as well. An Islamic society needs to establish Islamic law as per which the members of the society are stopped from falling the way of evil. Moreover, the detestation and forbiddance of evil in general is something, which the members of an Islamic society must have in them. The same ayah of Quran as above can be quoted for this purpose:

“you enjoin good and forbid evil and you believe in Allah.” (3:110)

8. Not Disputing:

In addition to the fact that the Muslim society exists in the form of a brotherhood where there is no segregation among the members, an Islamic society also needs to eliminate factors that harm the unity and cause damage to it. One of such elements that needs not be present in an Islamic society is the element of dispute. Quran says about it in the following way:

“….And dispute not one with another, lest you get weak-hearted and your power depart, and be steadfast. Surely Allah is with the steadfast.” (8:46)

Limitations:

Islam does not want its followers to be extremists of fanatics in any sense. Rather it preaches them the message of moderation and wants its followers to conduct their business by being moderate in their approach. Moreover, Islam detests going beyond the boundaries even in the case of fighting with those who fight the Islamic society. This message of staying in limits is evident from the following ayah of Quran:

“Fight in the way of Allah those who fight you but do not transgress. Indeed, Allah does not like transgressors.” (2:190)

Gender Equality:

Although Islam is accused of causing women oppression, however, if one sees the true preaching of Islam and the concept of Islamic society, then one immediately knows that women have equality in an Islamic society and they in no way can be oppressed by men, therefore, in an Islamic society there is to be gender equality in every respect.  As Allah says in Quran:

“Whoso does good whether male or female, and is a believer, shall enter Paradise and they shall not be wronged a whit.” (4:124)

In short, an Islamic society is an ideal society or the next thing to utopia that a particular group of people can create in this world. The need of the time is that the world in general and Muslims in particular understand the true concept of an Islamic society and create a community where people cooperate with each other and there is justice and peace among its members.

The Quranic Law of Change

The Quran gives the Immutable law of change, i.e. people or nations can’t have their condition changed until they change their psyche or mindset in other words – until they have a paradigm shift. 

 Verily never will Allah change the condition of a people until they change that which is in their hearts… [Al-Qur’an, Surah 13: Verse 11] 

           “Because Allah will never change the grace which He has bestowed on a people until they change what is in their (own) hearts: and verily Allah is He Who hears and knows (all things).” [Al-Qur’an, Surah 8: Verse 53]

Conclusion

After had discussed this assignment we can concluded that, Al- Quran or Al- Kitab represent the most important source of Islamic law, which is being the ultimate word of the divine. It is not seen by Muslims as purely a book of law, since it is a book that includes the clarification of every matter. The word Al- kitab indicates the significance of textual authority in the legal mind. It therefore, also implies what was composed and given by the God; this first source of Islamic is to be respected than any human made laws.

Through the definition concept of the Al- Quran, it shows that, Al- Quran had derived from the four root word which is Qura’a, Qira’athun, and Qar’ana. Moreover, the elaborations for the word of Arabic speech for the Islamic law had rely on the Arabic speech of Allah s.w.t, revealed to the prophet, challenge for the mankind, revealed on word and meaning, and also mutawwatir. So, the Quran actually has been transmitted to humankinds by continuous testimony or tawatur. The ulama or Islamic jurists also agreed that Al- Quran is the major source of sharia or Islamic Lae which can be proved in many book written by Islamic jurist such as in English translation of Muwafaqat Fi Usul Al-shariah by Ibrahim ibn Musa Shatib.

Next, through the discussion among the usuliyyun about the concepts of Islamic and jurisprudence, we saw that, the Islamic jurists act in detail when providing their ideas about the contents of Quran. It is importance to make sure every single of verse can be determining the real meaning to make us know what the lesson deeply detail means.

It can be stated that Holy Quran is consisted of such directions and commands of God, which are indiscriminately same for all portions of human society and all regions of the world. The reality is that no other book has so far provided and interpreted laws in such definite and impartial manner in which the Holy Quran has provided and interpreted the law. Due to these features and above-mentioned ones, the Holy Quran is considered as first primary or fundamental source of Islamic Law. Lastly, we can evaluated that, even though today has faces many development especially in policy, regulations of the law and the legal doctrine bit it did not affect the constitutions of phenomenon of the Islamic law. Without these change, Islamic law for our present purposes, would have remain the same.