The Mahjoor Quran group have created an organisation called Deen Research Center (DRC) and also now a website where many of the articles and books can be viewed and downloaded in PDF and much much more.
Deen Research Center (DRC) is a Think Tank who research the Quranic cosmology and social system based on the Arabic language used in the Quran and its connection with science of cosmology, biology, archeology, history, psychology, sociology, economics, politics and philosophy.
We renounce all aggression done in the name of Islam and we reject any tradition, belief or history that contradicts the Quran, science and humanism.
We believe the Quran rejects all forms supernatural beliefs, blind worship, oppression, aggression, autocracy, theocracy, tradition, blind-following and anti-scientism. We believe the Quran presents a scientific, secular socio-economic system where in mankind can solve all of their problems pertaining to war, oppression, hunger, racism, discrimination, backwardness and crime that has been present among mankind since it formed its first civilizations. And that the Quran was transmitted to Muhammad ibn ‘Abd Allāh al-Hashimi al-Qurashi in the 6-7th century CE in Arabia, by the Developing Force that has created and controls the universe, which in Arabic is called Allah, God in English.
http://www.deenresearchcenter.com/
The site contains articles and books in PDF on several subjects as:
- Human Rights
- Reform of Muslims
- Quranic message on how to form societies
- Research into Quranic subjects
- Quran translations
- Quran and science
- Philosophy
And a long list of free Dictionaries on the Arabic and Quranic language, online Quran tools, research websites and much more.
Sunday, June 22, 2008
Sunday, November 18, 2007
Thursday, November 30, 2006
The Basic Human Rights in the Light of The Qura’n
by Ghulam Ahmad Parwez ; English Rendering by A. Rashid Samnakay
Purely on the basis that humankind belongs to the species of Human being, it has certain basic rights, according to the Qura’n. These rights are not in any way dependent upon an understanding or promise nor are they a reward for righteous deeds. Every Human Being is entitled to these with no conditions attached; reward, discrimination on the basis of religion, sect, community, language, colour of skin, race and citizenship. Let us see what these rights are which all Human Beings can demand in a Qura’nic social system.
1. Dignity of Humankind
Every human child, at birth, has the right of dignity. ‘WE have created all humankind as worthy of dignity’ (17-70). Hence, differences between humankind of birth (status, genealogy, race, family etc), wealth, trade and profession are against these basic birth rights. In short, gradation of for any reason is an abrogation of Human Rights. “Dignity of humankind” without any conditions attached is the first and basic law of the Qura’n.
2. Gender Equality
According to the Qur’an, gender difference is neither the means of lowering nor raising of status. That is, neither the male on the basis of being male is better nor is the female on the basis of being female worst off. The genesis of life is from the ‘one self (4-1)’. Qura’n says “every human child, weather boy or a girl has a part in it of male and female’’ (49-13).
Therefore the male is neither a special being nor is the female a different specie. Both genders are of one being and are partners in the one status as human being. There is no aspect which has its door open for one and closed for the other. Biologically the difference that exists between man and woman is from natural inheritance. On human level there is no difference. On this level the field of action is the same for both and the reaction in the law of nature is the same (3-194). ‘None of you will have your actions wasted whether you are a male or female’---What is the meaning of male and female (thafis)……..? ‘you are part of each other’---‘You share equally in all aspects of life’. ‘You are part of the same group of people’. Have a look at verses 33-35 and 9-71. How does the Qura’n make man and woman stand shoulder to shoulder in matters of lie.
Gender Equality is the basic right of humanity and cannot be usurped in any way. The Qura’nic social system is responsible for maintaining that equality.
3. The Standard of Deeds as Higher Status
Following the issue of Dignity, the varying status of Humankind comes to the fore. The rule for it is as follows:
46-19 The status and position of every body is dependent upon their actions. That is the dignity of humankind on the basis of human being will be followed by taking into account the personal character and actions of the individual, and the society as a whole will establish their status and position accordingly. The person of higher capabilities will have the right to higher position in society (49-13). From the highest to the lowest all positions will be open to every body, who according to their capabilities will be able to claim for themselves. This right of status cannot be usurped by any body nor will any other standard be adopted for it.
4. Right of Freedom
You must have heard this slogan many a times “ Freedom is every body’s birth right” yet its true meaning has seldom been obvious. The place from whence you might have heard this slogan proclaimed, would be the same place from where rules are proclaimed putting all sorts of restrictions on rights of the people. So, one is at a loss to understand that if Freedom is a basic right then why are these restrictions imposed. The answer given is that these restrictions are imposed according to the Law and as such these do not restrict humankind’s freedom; and if these laws were not there then nothing would be safe. ---hence for freedom these laws are imperative.
It is true that for the safety of individuals these restrictions are necessary, but it is also obvious that those given the authority to enact these laws perpetrate transgressions, behind the veil of authority that assertion of lawlessness is of no value. The lawlessness (anarchy) is an open revolt but their transgressions take place behind legal curtains. These people in authority first go through the ritual of law-making and then this knife ‘blown upon with Bismillah from Shah Madar’ is used to cut the throat of whoever, thus making the slaughter as halal. (i) This is a very important question which has not been answered yet, as to how can the preservation of Right and the necessity of making Laws be reconciled that both remain intact. The solution is given by the Qura’n. It first explained in 3-78/79 ‘No human being, even though Allah may have given him/her a code of laws or the power to enforce it or even prophethood- has the right to say to others: “you should obey me rather than God” Qura’n has established the constitution of human right at such a high level that humankind could not even envisage. (ii) This is the reality of Human Rights. Now look at Law making. In the same verse by saying min dunillaah it explained that though it is necessary to enact laws they cannot be man-made laws.
Only God has that right. Now the question arises as to how are these divine laws to be enacted? Will it be theocracy which in God’s name the clergy will do as it pleases? Qura’n says ‘NO’, theocracy is the worst example of transgression. That is why Qura’n has juxta positioned Haman who was the representative of the clergy, with Pharaoh as an equal criminal. With regard to restriction imposed by law it says in 3-78,79 ‘no body has the right to tamper with these restrictions or impose others’. This is the practical meaning of laailaahaa illallaah that none has the power and authority to subjugate (let alone enslave) any other person. Now it raises the question as to how to practically implement these limits and restrictions given in the Book of God. It is clearly explained that this right is not given to any particular group or community but that it is the collective responsibility of all the individuals of the society and these matters will be “addressed in consultation” (42-38). These rights of consultation are also included in the list. The practical machinery for consultation will be constructed according to the conditions then prevailing.
So the Qura’n has given the laws which must be followed or has established those limits within which the community will consult to change them as required. No one has the right to transgress these limits or to implement others instead, because this will equate to means of usurping the Human freedom and no body can be given that permission. Qura’n equates this to Shirk. Sura Shuaraa 42-41says ‘have these people got other partners who enact such rules for which they have no permission from God?’ Thus the Qura’n gives no permission to enact such laws for the society.
This is the method by which the Qura’n prevents assault on any Human Rights so that lawlessness does not spread in the society. This collection of distributed right is the unique quality of the Quran.
5. Rights of Labour
Qura’ns pronouncement is that ‘every one will get the full reward for their work’ (39-70).
No body will usurp the rewards of his/her effort, nor reduce its return. In this respect it said at other place ‘except those who are incapacitated to work (which will be discussed later) no body will gain without endeavour’. That is to say that in such a society parasites who sponge off others and live a life of comfort and luxury will have no place. It is therefore obvious that in such a society where ones endeavours will not be exploited, will obtain their rights of just reward. Under this rule the roots of capitalism’s are cut off. Its very existence depends upon the exploitation of labour.
Remember that those who, in spite of the capacity to work, sponge off others labour, are in fact beggars however rich they may be.
6. Justice and Fairness
This is what is meant by “Justice”- That every body receives a fair share. According to the Qura’n Justice is a very composite expression in which all rights are preserved. Legal right is the same thing in that its purpose is to restore through the courts the rights of a person whose share has been usurped. On this issue the Qura’n is so careful as to warn: “watch out that in the matter of justice you do not differentiate between a friend and a foe’ and ‘lest it may happen that as a result of an enemy-nation’s behaviour towards you, it may induce you to injustice. You should always treat them with justice, for justice is not a tit-for tat issue. On the basis of humanity it is their right and your obligation” (5-8).
Legal justice means that quarrels and disputes are resolved within the framework of the limits of God’s laws. Since Qura’n has not given the power to rule to mankind it means that it has not given the right to enact laws to any person or a group either. Justice is the name given to the establishment of God’s laws. If the State’s law happens to be against that of Qura’n, every citizen has the right to demand change in it and the State is obliged to change it.
But Qura’n just does not stop at Justice. It goes beyond (as has been said before). Justice means that whatever is due to people, is given. But what if that is not enough for their necessities? Qura’n says that in that case the society makes up for the shortfall in order to maintain the balance (ehsaan) of the social system (16-90). This ehsaan is also included in the basic rights. The world encourages ‘charity’ in such cases. But charity tramples humanity and it is obvious how it destroys self respect of the receiver of charity! That is why Qura’n does not refer to ehsaan as charity but says that to demand the topping up of this shortfall is a Right. (70-24) Those who’s endeavours are not enough or those who are incapable to provide for themselves have a share in the wealth of those who have more than their requirement. This right is not under cover or secret but is transparent to the Qura’nic social system. To make up for the shortfall of people as a basic right will not be found in any other document except the Quran.
7. The Right of Sustenance
The life source of humanity (indeed of all living things) is the provision of sustenance. The world has decreed that every individual fulfils his responsibility to provide for all their needs and that of their children. But Qura’n in this respect differs from the world. It says ‘ there is no living being in this world, the responsibility of whose providing for its provision is not on Allah11-6’.
It has to be understood that those responsibilities that Allah has taken upon Himself are to be fulfilled by the State that runs on Qura’nic system. Hence it is the responsibility of any State that runs on Qura’nic system, to ensure that it establishes a system wherein no living creature lacks the necessities of life and declares to all its citizens ‘we are responsible to provide for your and your progeny’s basic necessities too 6-152’. The provision of basic necessities of life is a right of every human being and he can demand it from a system based on Qura’nic principles. This right is not written in any other Charter in the world.
The clarification of this can be found in my book “Nizam-e-Rabubiyat”.
With respect to the provision for the progeny, it also includes the provision of resources for their eduction and training. ‘Do not murder your children due to the lack of resources 6-152’. Here the word ‘murder’ does not only mean to kill. It also means to destroy by denying education and training (soul destroying). Hence it is the obligation of the Qura’nic system to provide for the best education and training of children. As a result every child can demand best education and training as a right in a Quranic system of State and no body can deny them this right.
8. Sanctity of Life
But before the provision of necessities of life, the protection of life becomes an issue. The Qura’n has clearly expounded ‘God has declared the sanctity of life, hence no body can be given the permission to take life, except when Right demands it (6-152)’. Qura’n explains in another context what this demand is. If one murders another unjustly then the former can be sentenced to death in response, or if one causes disruption in the justice and social system and cannot be refrained from it after repeated attempts, a death sentence can be given. Outside these conditions if one is to take life for no reason, it would be construed as if the whole of humanity is murdered. On the other hand if one saves one life it is equated to the saving of the whole of humanity. (5-32). Have you noted that under which special conditions has Qura’n allowed taking of a life (that is taking of a life legally)? That too is for the purposes of universal protection of life. That is what it calls bil haq.
9. Sanctity of Wealth
Along with the sanctity of life, the sanctity of wealth which remains for the individuals use, is also included in the basic rights. No body is allowed to usurp what others have for their legitimate use. For it says that you should not usurp each others wealth (4-29). Wealth is a compound word and includes possessions of every kind and its protection is a basic right.
One aspect of this comes to fore here. If ones place is burgled, the universal legal justice punishes the thief, but the one who’s wealth was stolen, has no redress to his/her loss. If the theft was not due to their negligence or lack of care, then they have a right to redress the loss. This rule applies within limits to other losses too.
10. Protection of Residence
Following the protection of life and wealth the Qura’n also provides the right to safety of residence. The allegations Qura’n lays at the feet of Jews is this ‘You are the people who unjustly murder and drive out people from their homes 2-85’. Hence to provide roof over the head is also an obligation of the State and to deny it is an abrogation of the individual’s basic right.
11. Sanctity of Honour
Human honour is invaluable commodity. This thing of the highest standard is not found in the animal kingdom and is only a human speciality. Sexual urge is common among both animals and human, but the sense of honour is only found in the domain of humanity. Hence Qura’n gives the protection of honour a permanent value of Right. Therefore it has ordained the flouting of honour as a major crime and has prescribed a heavy penalty. Adulterer, ‘be it male or female, punish them with hundred lashes.24-2’.
Not only in adultery but to cast unproven aspersions on the honour of a respectable woman is to be punished with eighty lashes 24-4. It is so because this is also an assault on her honour.
To accost and tease respectable women, to pass derogatory and incite-full comments upon them is even greater crime. In this respect it says that such people should be exiled. Such people should be stripped of their citizenship. If they do not recant, they should be taken in custody and on proof of their guilt executed, 33-60.This is that divine rule about which it says ‘this is the law that was given to the previous nations and it is of such permanent value that there can be no change made to it.22-61. The maintenance of all these laws is the State’s responsibility.
12. Right of Choice in Marriage
With respect to married couples, Qura’n has ordained that the choice of a spouse is a basic human right. It addressed men ‘you marry women according to your choice 4-3’ and on the other hand has protected the right of choice of women in addressing men ‘you can not be their master by force 4-19’. Marriage is a contract for which the agreement of the two parties is the basic condition.
In this context it must be emphasised that after the ‘contract of marriage’ the responsibilities of husband and wife according to Qura’n are equal in all spheres of life. There is only one exception to the rule. In the situation of divorce or widow-hood, the woman is not allowed to remarry during the period known as iddat. There is no such iddat for man and its rationale is obvious. The period establishes if the woman is pregnant. This rule is for the protection of the child’s right, in order to establish the biological father of the child. In Surah Baqara it said ‘the women have similar rights commensurate with their responsibilities. There is only one aspect where the men have an advantage in that they do not have to wait for the passing of the iddat 2-228’.
The protection of these rights is a State’s responsibility.
13. Aesthetic Right
The Qura’n respects an individual’s aesthetic taste and does not allow any body to deprive the person of this right. It emphasises ‘who is it that can deny the aesthetic resources that HE has provided for HIS servants and make unlawful for them to enjoy it 7-32.’ It is every body’s basic right to enjoy them while staying within the divine limits. No body can deny them of the right. As a rule it must be understood that what God has not forbidden, no one can declare it as forbidden. This is equal to usurping the basic rights which nobody has the authority. It must also be understood that Qura’n does not restrict the manner of food consumption and people’s life style. Instead it has given the right of choice to all according to ones taste. It says that you are free to eat and drink at any body’s house including that of your relatives and friends, wether you eat separately or together 24-61. Similarly it does not place any restrictions on style and type of dress and encourages every body’s sense of aesthetics.
It also says that in addition to covering ones modesty, the dress is also for decoration 7-26. Gold ornaments, silver and glass utensils, soft and smooth silk clothes, and even high class furniture (76-13to 15 and 18-31) and similar objects are manifestation of jannah. Although it is necessary to realise that the whole society is in a position to afford such a standard. It is never said that this heavenly life is a prerogative of only a select group and others will go without. The heavenly life that an individual can afford must be available to all the members of the society.
14. Religious Freedom
The Qura’n gives full freedom of religion. It maintains that the Iman (belief) is the name of accepting the truth with the application of higher intellect, contemplation and vision. ‘Tell them that Truth has come in Qura’n from your Sustainer, you should contemplate on it and then whoever wishes to accept it, do so and who ever wishes to reject it, do so18-29.’ It has also emphasised that the difference between the other creations of universe and mankind is that every thing in the universe is obliged to obey the rule that has been set for it, but humankind is created to exercise a choice. It has been shown the path and left alone to it own choice to either follow the path or digress from it. If it follows the shown path it will lead a pleasant life; if not, it will be at a loss. If it was God’s wish to force it to follow a certain path it would have been created similar to other objects in the universe but it is not so. It has been created with power of exercising choice.
It would be against the divine will that humankind should be compelled to follow a certain path. Qura’n has addressed humankind ‘if it was in your Lord’s programme that humankind was to be compelled to follow the path of iman, then there was nothing to stop HIM, but HE has not created humankind so; it has been given a choice in this matter, so would you compel it to believe? That would be against Divine will. Your duty is only to pass on the message, you are not expected to do more10-99’. The right and wrong has been made evident by the Qura’n. ‘After this there is no compulsion in the matter of Deen2-256’.
The reality is that Islam is not a Religion (mazhab). This word is not in the Qura’n. So it does not accept other religions of the world as its worthy opponent. It is a Code for life or a system of government. It cannot allow that those of other religions should set up a different system of government within its borders. This would be equivalent to setting up a State-with-in-a-State which is not allowed anywhere else either. But it does not oppose that people who live within its State boundaries chose their religion. It gives them the freedom to do so. It takes upon itself the responsibility of the security of their houses of worship in the same manner as it does for the mosques. Qura’n establishes the reason for an Islamic State thus-‘if God were not to have controlled through humankind the rebellious elements in society then certainly the monk’s monasteries, Christian churches, other houses of worship and mosques, where God’s name is taken in abundance, would be demolished 22-40’. Hence the security of all houses of worship rests with the States operating on Qura’nic system of government where all non Muslims can demand security as their basic right.
Not only that but it has stressed upon the community of believers that –you should not swear at their Gods lest the non-believers, in their ignorance swear at Allah.
As you would be offended, they too are offended by your disrespect to their idols. The fact is that every body loves and respects their own object of worship 6-109. You should convey to them the truth. When, with vision and understanding they are able to differentiate between right and wrong they will discard their false Gods and adopt the right path to lead their life. You will not be able to compel them to do so.
Hence the Qura’an not only gives humankind the freedom but gives assurance that their religion is protected from abuse.
At this stage I apologise for digressing a bit. Although God has given total freedom to humankind in respect of religion, the Muslim sharia leadership allows non-Muslims to choose and change their religion but a Muslim has no right to do so. If a Muslim converts he/she is put to death. The death penalty is applicable not only in respect of conversion but if a Muslim expresses opinion different to theirs and they declare the person murtad (blasphemer), the death penalty applies there too.
It should be realised that one has the basic right to either adopt the Deen and live within an Islamic system or exercise the choice to live outside it, but it is not allowed that a person would accept the system superficially and then select those codes that suit him/her and reject the others. This sort of freedom is not available in any system.
All rule of the State have to be obeyed. But if the person converts to other religion and still wishes to live in the Islamic State then there are choices that he/she stays there as a non-Muslim Dhimmi or goes some where else to live.
After this digression I come back to the main theme. According to Qura’n the next right is that of the right to speak the truth.
15. The Right to Speak the Truth
Qura’n has not only given us the Right to speak the Truth, but has ordained upon us to practice it. There is no choice given in it. It has ordained that whereever there is the necessity, speak out truthfully. Let us see how far Qura’n goes in this respect. ‘oh you the people of belief, it is obligatory upon you to maintain justice in the world’. It is imperative in order to maintain justice that truth should be told without fear or favour’. ‘When called upon to give witness you should not consider as to which party or group you are speaking against, you should think that you are a witness to God and tell the truth even if it is against your own self’ (see how Qura’n elevates the position of humankind). ‘even if it goes against your parents or relatives’, ‘whether rich or poor’, for ‘Allah’s right is bigger than theirs’. ‘Remember that your vested interests, the relationship of relatives and friends and the fear of reprisal from the rich and influential, can stand in the way’. ‘But you should not consider these issues and stand firm in your resolve’. ‘Nor should you speak with forked tongue nor should you avoid the truth, you may be able to fool people but you can’t fool Allah, HE knows all’4-135. Speak the truth openly.
Having given the above edict, it warns the society that it should implement such a system that the witness suffers no reprisals on giving witness 2-282.
16. Freedom of Expression
To express ones opinion also fall in this area. One of the differences between animal kingdom and humankind, according to Qura’n is that the former do not have the capacity to express its consciences. humankind has been given this capability. God has created humankind and has given it the capacity to express itself 55-4, and at other place it says that HE has given humankind the capacity to express itself ‘with the pen 96-4’.
Humankind has the right to express its opinion with the help of a tongue (language) and with pen as well.
It must be understood that expression of opinion or the use of any other God-given faculty in contravention of HIS laws is a crime and worthy of punishment. It is different thing to restrict or curtail these God given capacities. The wrong use of these capacities can be rendered as crime but the right to use them cannot be usurped. To do so would be akin to turn humankind into an animal.
17. The right of protection of privacy
Qura’n prevents us from unnecessarily scrutinising individual’s privacy 49-12. It means that it gives the individual the assurance that their privacy will not be encroached upon.(In the matter of crime investigation it becomes a different issue). The protection of the content of letters and correspondence falls in this category. It thus gives the right of privacy to an individual when it says ‘except in your own, you should not enter into others houses without the resident’s permission 24-27.
18. Protection against Slander
Qura’an provides for protection against slander. It says ‘Allah does not like that a persons weakness be propagated maliciously 4-148’. If correction is intended then it should be under taken quietly, then it says ‘a group or party should not belittle another 49-11. No derogatory names be given. One must not be teased, just on the basis of rumour 49-12. This explains why one should be presumed innocent till proved guilty and no talk behind the back be indulged into 24-12 and 24-16. Back-biting is strictly forbidden in Qura’n 49-12. With these given warnings, Qura’n protects individuals privacy.
19. Assurance of Peace
Qura’n steps further after giving all the above rights. ‘These people will have no fear and stress 2-38’.Fear is an anxiety caused by the external dangers. Hence this society will be protected from external dangers by the State. Stress is the name given to the trauma caused by these anxieties. Thus in a system where the State has taken the responsibility of protecting the people from external dangers, it is also its responsibility to remove the causes of anxieties. The protection from fear and stress is such a composite statement that it conjures up the concept of total bliss. In this protection also lies the idea ‘no body who can a carry a burden will carry the burden of another 6-165’. It will not happen that one will take the action but some one else will reap the reward. That the responsibility should be of some one but some one else would fulfil the responsibility. Some one should commit a crime but some one else would suffer the consequences. This is the security with which all will get true contentment. The acquisition of it is the basic right of every individual.
These are the basic right that Quran accepts as the Human Rights, and their sanctity is given by the Quranic System.
by Ghulam Ahmad Parwez ; English Rendering by A. Rashid Samnakay
Purely on the basis that humankind belongs to the species of Human being, it has certain basic rights, according to the Qura’n. These rights are not in any way dependent upon an understanding or promise nor are they a reward for righteous deeds. Every Human Being is entitled to these with no conditions attached; reward, discrimination on the basis of religion, sect, community, language, colour of skin, race and citizenship. Let us see what these rights are which all Human Beings can demand in a Qura’nic social system.
1. Dignity of Humankind
Every human child, at birth, has the right of dignity. ‘WE have created all humankind as worthy of dignity’ (17-70). Hence, differences between humankind of birth (status, genealogy, race, family etc), wealth, trade and profession are against these basic birth rights. In short, gradation of for any reason is an abrogation of Human Rights. “Dignity of humankind” without any conditions attached is the first and basic law of the Qura’n.
2. Gender Equality
According to the Qur’an, gender difference is neither the means of lowering nor raising of status. That is, neither the male on the basis of being male is better nor is the female on the basis of being female worst off. The genesis of life is from the ‘one self (4-1)’. Qura’n says “every human child, weather boy or a girl has a part in it of male and female’’ (49-13).
Therefore the male is neither a special being nor is the female a different specie. Both genders are of one being and are partners in the one status as human being. There is no aspect which has its door open for one and closed for the other. Biologically the difference that exists between man and woman is from natural inheritance. On human level there is no difference. On this level the field of action is the same for both and the reaction in the law of nature is the same (3-194). ‘None of you will have your actions wasted whether you are a male or female’---What is the meaning of male and female (thafis)……..? ‘you are part of each other’---‘You share equally in all aspects of life’. ‘You are part of the same group of people’. Have a look at verses 33-35 and 9-71. How does the Qura’n make man and woman stand shoulder to shoulder in matters of lie.
Gender Equality is the basic right of humanity and cannot be usurped in any way. The Qura’nic social system is responsible for maintaining that equality.
3. The Standard of Deeds as Higher Status
Following the issue of Dignity, the varying status of Humankind comes to the fore. The rule for it is as follows:
46-19 The status and position of every body is dependent upon their actions. That is the dignity of humankind on the basis of human being will be followed by taking into account the personal character and actions of the individual, and the society as a whole will establish their status and position accordingly. The person of higher capabilities will have the right to higher position in society (49-13). From the highest to the lowest all positions will be open to every body, who according to their capabilities will be able to claim for themselves. This right of status cannot be usurped by any body nor will any other standard be adopted for it.
4. Right of Freedom
You must have heard this slogan many a times “ Freedom is every body’s birth right” yet its true meaning has seldom been obvious. The place from whence you might have heard this slogan proclaimed, would be the same place from where rules are proclaimed putting all sorts of restrictions on rights of the people. So, one is at a loss to understand that if Freedom is a basic right then why are these restrictions imposed. The answer given is that these restrictions are imposed according to the Law and as such these do not restrict humankind’s freedom; and if these laws were not there then nothing would be safe. ---hence for freedom these laws are imperative.
It is true that for the safety of individuals these restrictions are necessary, but it is also obvious that those given the authority to enact these laws perpetrate transgressions, behind the veil of authority that assertion of lawlessness is of no value. The lawlessness (anarchy) is an open revolt but their transgressions take place behind legal curtains. These people in authority first go through the ritual of law-making and then this knife ‘blown upon with Bismillah from Shah Madar’ is used to cut the throat of whoever, thus making the slaughter as halal. (i) This is a very important question which has not been answered yet, as to how can the preservation of Right and the necessity of making Laws be reconciled that both remain intact. The solution is given by the Qura’n. It first explained in 3-78/79 ‘No human being, even though Allah may have given him/her a code of laws or the power to enforce it or even prophethood- has the right to say to others: “you should obey me rather than God” Qura’n has established the constitution of human right at such a high level that humankind could not even envisage. (ii) This is the reality of Human Rights. Now look at Law making. In the same verse by saying min dunillaah it explained that though it is necessary to enact laws they cannot be man-made laws.
Only God has that right. Now the question arises as to how are these divine laws to be enacted? Will it be theocracy which in God’s name the clergy will do as it pleases? Qura’n says ‘NO’, theocracy is the worst example of transgression. That is why Qura’n has juxta positioned Haman who was the representative of the clergy, with Pharaoh as an equal criminal. With regard to restriction imposed by law it says in 3-78,79 ‘no body has the right to tamper with these restrictions or impose others’. This is the practical meaning of laailaahaa illallaah that none has the power and authority to subjugate (let alone enslave) any other person. Now it raises the question as to how to practically implement these limits and restrictions given in the Book of God. It is clearly explained that this right is not given to any particular group or community but that it is the collective responsibility of all the individuals of the society and these matters will be “addressed in consultation” (42-38). These rights of consultation are also included in the list. The practical machinery for consultation will be constructed according to the conditions then prevailing.
So the Qura’n has given the laws which must be followed or has established those limits within which the community will consult to change them as required. No one has the right to transgress these limits or to implement others instead, because this will equate to means of usurping the Human freedom and no body can be given that permission. Qura’n equates this to Shirk. Sura Shuaraa 42-41says ‘have these people got other partners who enact such rules for which they have no permission from God?’ Thus the Qura’n gives no permission to enact such laws for the society.
This is the method by which the Qura’n prevents assault on any Human Rights so that lawlessness does not spread in the society. This collection of distributed right is the unique quality of the Quran.
5. Rights of Labour
Qura’ns pronouncement is that ‘every one will get the full reward for their work’ (39-70).
No body will usurp the rewards of his/her effort, nor reduce its return. In this respect it said at other place ‘except those who are incapacitated to work (which will be discussed later) no body will gain without endeavour’. That is to say that in such a society parasites who sponge off others and live a life of comfort and luxury will have no place. It is therefore obvious that in such a society where ones endeavours will not be exploited, will obtain their rights of just reward. Under this rule the roots of capitalism’s are cut off. Its very existence depends upon the exploitation of labour.
Remember that those who, in spite of the capacity to work, sponge off others labour, are in fact beggars however rich they may be.
6. Justice and Fairness
This is what is meant by “Justice”- That every body receives a fair share. According to the Qura’n Justice is a very composite expression in which all rights are preserved. Legal right is the same thing in that its purpose is to restore through the courts the rights of a person whose share has been usurped. On this issue the Qura’n is so careful as to warn: “watch out that in the matter of justice you do not differentiate between a friend and a foe’ and ‘lest it may happen that as a result of an enemy-nation’s behaviour towards you, it may induce you to injustice. You should always treat them with justice, for justice is not a tit-for tat issue. On the basis of humanity it is their right and your obligation” (5-8).
Legal justice means that quarrels and disputes are resolved within the framework of the limits of God’s laws. Since Qura’n has not given the power to rule to mankind it means that it has not given the right to enact laws to any person or a group either. Justice is the name given to the establishment of God’s laws. If the State’s law happens to be against that of Qura’n, every citizen has the right to demand change in it and the State is obliged to change it.
But Qura’n just does not stop at Justice. It goes beyond (as has been said before). Justice means that whatever is due to people, is given. But what if that is not enough for their necessities? Qura’n says that in that case the society makes up for the shortfall in order to maintain the balance (ehsaan) of the social system (16-90). This ehsaan is also included in the basic rights. The world encourages ‘charity’ in such cases. But charity tramples humanity and it is obvious how it destroys self respect of the receiver of charity! That is why Qura’n does not refer to ehsaan as charity but says that to demand the topping up of this shortfall is a Right. (70-24) Those who’s endeavours are not enough or those who are incapable to provide for themselves have a share in the wealth of those who have more than their requirement. This right is not under cover or secret but is transparent to the Qura’nic social system. To make up for the shortfall of people as a basic right will not be found in any other document except the Quran.
7. The Right of Sustenance
The life source of humanity (indeed of all living things) is the provision of sustenance. The world has decreed that every individual fulfils his responsibility to provide for all their needs and that of their children. But Qura’n in this respect differs from the world. It says ‘ there is no living being in this world, the responsibility of whose providing for its provision is not on Allah11-6’.
It has to be understood that those responsibilities that Allah has taken upon Himself are to be fulfilled by the State that runs on Qura’nic system. Hence it is the responsibility of any State that runs on Qura’nic system, to ensure that it establishes a system wherein no living creature lacks the necessities of life and declares to all its citizens ‘we are responsible to provide for your and your progeny’s basic necessities too 6-152’. The provision of basic necessities of life is a right of every human being and he can demand it from a system based on Qura’nic principles. This right is not written in any other Charter in the world.
The clarification of this can be found in my book “Nizam-e-Rabubiyat”.
With respect to the provision for the progeny, it also includes the provision of resources for their eduction and training. ‘Do not murder your children due to the lack of resources 6-152’. Here the word ‘murder’ does not only mean to kill. It also means to destroy by denying education and training (soul destroying). Hence it is the obligation of the Qura’nic system to provide for the best education and training of children. As a result every child can demand best education and training as a right in a Quranic system of State and no body can deny them this right.
8. Sanctity of Life
But before the provision of necessities of life, the protection of life becomes an issue. The Qura’n has clearly expounded ‘God has declared the sanctity of life, hence no body can be given the permission to take life, except when Right demands it (6-152)’. Qura’n explains in another context what this demand is. If one murders another unjustly then the former can be sentenced to death in response, or if one causes disruption in the justice and social system and cannot be refrained from it after repeated attempts, a death sentence can be given. Outside these conditions if one is to take life for no reason, it would be construed as if the whole of humanity is murdered. On the other hand if one saves one life it is equated to the saving of the whole of humanity. (5-32). Have you noted that under which special conditions has Qura’n allowed taking of a life (that is taking of a life legally)? That too is for the purposes of universal protection of life. That is what it calls bil haq.
9. Sanctity of Wealth
Along with the sanctity of life, the sanctity of wealth which remains for the individuals use, is also included in the basic rights. No body is allowed to usurp what others have for their legitimate use. For it says that you should not usurp each others wealth (4-29). Wealth is a compound word and includes possessions of every kind and its protection is a basic right.
One aspect of this comes to fore here. If ones place is burgled, the universal legal justice punishes the thief, but the one who’s wealth was stolen, has no redress to his/her loss. If the theft was not due to their negligence or lack of care, then they have a right to redress the loss. This rule applies within limits to other losses too.
10. Protection of Residence
Following the protection of life and wealth the Qura’n also provides the right to safety of residence. The allegations Qura’n lays at the feet of Jews is this ‘You are the people who unjustly murder and drive out people from their homes 2-85’. Hence to provide roof over the head is also an obligation of the State and to deny it is an abrogation of the individual’s basic right.
11. Sanctity of Honour
Human honour is invaluable commodity. This thing of the highest standard is not found in the animal kingdom and is only a human speciality. Sexual urge is common among both animals and human, but the sense of honour is only found in the domain of humanity. Hence Qura’n gives the protection of honour a permanent value of Right. Therefore it has ordained the flouting of honour as a major crime and has prescribed a heavy penalty. Adulterer, ‘be it male or female, punish them with hundred lashes.24-2’.
Not only in adultery but to cast unproven aspersions on the honour of a respectable woman is to be punished with eighty lashes 24-4. It is so because this is also an assault on her honour.
To accost and tease respectable women, to pass derogatory and incite-full comments upon them is even greater crime. In this respect it says that such people should be exiled. Such people should be stripped of their citizenship. If they do not recant, they should be taken in custody and on proof of their guilt executed, 33-60.This is that divine rule about which it says ‘this is the law that was given to the previous nations and it is of such permanent value that there can be no change made to it.22-61. The maintenance of all these laws is the State’s responsibility.
12. Right of Choice in Marriage
With respect to married couples, Qura’n has ordained that the choice of a spouse is a basic human right. It addressed men ‘you marry women according to your choice 4-3’ and on the other hand has protected the right of choice of women in addressing men ‘you can not be their master by force 4-19’. Marriage is a contract for which the agreement of the two parties is the basic condition.
In this context it must be emphasised that after the ‘contract of marriage’ the responsibilities of husband and wife according to Qura’n are equal in all spheres of life. There is only one exception to the rule. In the situation of divorce or widow-hood, the woman is not allowed to remarry during the period known as iddat. There is no such iddat for man and its rationale is obvious. The period establishes if the woman is pregnant. This rule is for the protection of the child’s right, in order to establish the biological father of the child. In Surah Baqara it said ‘the women have similar rights commensurate with their responsibilities. There is only one aspect where the men have an advantage in that they do not have to wait for the passing of the iddat 2-228’.
The protection of these rights is a State’s responsibility.
13. Aesthetic Right
The Qura’n respects an individual’s aesthetic taste and does not allow any body to deprive the person of this right. It emphasises ‘who is it that can deny the aesthetic resources that HE has provided for HIS servants and make unlawful for them to enjoy it 7-32.’ It is every body’s basic right to enjoy them while staying within the divine limits. No body can deny them of the right. As a rule it must be understood that what God has not forbidden, no one can declare it as forbidden. This is equal to usurping the basic rights which nobody has the authority. It must also be understood that Qura’n does not restrict the manner of food consumption and people’s life style. Instead it has given the right of choice to all according to ones taste. It says that you are free to eat and drink at any body’s house including that of your relatives and friends, wether you eat separately or together 24-61. Similarly it does not place any restrictions on style and type of dress and encourages every body’s sense of aesthetics.
It also says that in addition to covering ones modesty, the dress is also for decoration 7-26. Gold ornaments, silver and glass utensils, soft and smooth silk clothes, and even high class furniture (76-13to 15 and 18-31) and similar objects are manifestation of jannah. Although it is necessary to realise that the whole society is in a position to afford such a standard. It is never said that this heavenly life is a prerogative of only a select group and others will go without. The heavenly life that an individual can afford must be available to all the members of the society.
14. Religious Freedom
The Qura’n gives full freedom of religion. It maintains that the Iman (belief) is the name of accepting the truth with the application of higher intellect, contemplation and vision. ‘Tell them that Truth has come in Qura’n from your Sustainer, you should contemplate on it and then whoever wishes to accept it, do so and who ever wishes to reject it, do so18-29.’ It has also emphasised that the difference between the other creations of universe and mankind is that every thing in the universe is obliged to obey the rule that has been set for it, but humankind is created to exercise a choice. It has been shown the path and left alone to it own choice to either follow the path or digress from it. If it follows the shown path it will lead a pleasant life; if not, it will be at a loss. If it was God’s wish to force it to follow a certain path it would have been created similar to other objects in the universe but it is not so. It has been created with power of exercising choice.
It would be against the divine will that humankind should be compelled to follow a certain path. Qura’n has addressed humankind ‘if it was in your Lord’s programme that humankind was to be compelled to follow the path of iman, then there was nothing to stop HIM, but HE has not created humankind so; it has been given a choice in this matter, so would you compel it to believe? That would be against Divine will. Your duty is only to pass on the message, you are not expected to do more10-99’. The right and wrong has been made evident by the Qura’n. ‘After this there is no compulsion in the matter of Deen2-256’.
The reality is that Islam is not a Religion (mazhab). This word is not in the Qura’n. So it does not accept other religions of the world as its worthy opponent. It is a Code for life or a system of government. It cannot allow that those of other religions should set up a different system of government within its borders. This would be equivalent to setting up a State-with-in-a-State which is not allowed anywhere else either. But it does not oppose that people who live within its State boundaries chose their religion. It gives them the freedom to do so. It takes upon itself the responsibility of the security of their houses of worship in the same manner as it does for the mosques. Qura’n establishes the reason for an Islamic State thus-‘if God were not to have controlled through humankind the rebellious elements in society then certainly the monk’s monasteries, Christian churches, other houses of worship and mosques, where God’s name is taken in abundance, would be demolished 22-40’. Hence the security of all houses of worship rests with the States operating on Qura’nic system of government where all non Muslims can demand security as their basic right.
Not only that but it has stressed upon the community of believers that –you should not swear at their Gods lest the non-believers, in their ignorance swear at Allah.
As you would be offended, they too are offended by your disrespect to their idols. The fact is that every body loves and respects their own object of worship 6-109. You should convey to them the truth. When, with vision and understanding they are able to differentiate between right and wrong they will discard their false Gods and adopt the right path to lead their life. You will not be able to compel them to do so.
Hence the Qura’an not only gives humankind the freedom but gives assurance that their religion is protected from abuse.
At this stage I apologise for digressing a bit. Although God has given total freedom to humankind in respect of religion, the Muslim sharia leadership allows non-Muslims to choose and change their religion but a Muslim has no right to do so. If a Muslim converts he/she is put to death. The death penalty is applicable not only in respect of conversion but if a Muslim expresses opinion different to theirs and they declare the person murtad (blasphemer), the death penalty applies there too.
It should be realised that one has the basic right to either adopt the Deen and live within an Islamic system or exercise the choice to live outside it, but it is not allowed that a person would accept the system superficially and then select those codes that suit him/her and reject the others. This sort of freedom is not available in any system.
All rule of the State have to be obeyed. But if the person converts to other religion and still wishes to live in the Islamic State then there are choices that he/she stays there as a non-Muslim Dhimmi or goes some where else to live.
After this digression I come back to the main theme. According to Qura’n the next right is that of the right to speak the truth.
15. The Right to Speak the Truth
Qura’n has not only given us the Right to speak the Truth, but has ordained upon us to practice it. There is no choice given in it. It has ordained that whereever there is the necessity, speak out truthfully. Let us see how far Qura’n goes in this respect. ‘oh you the people of belief, it is obligatory upon you to maintain justice in the world’. It is imperative in order to maintain justice that truth should be told without fear or favour’. ‘When called upon to give witness you should not consider as to which party or group you are speaking against, you should think that you are a witness to God and tell the truth even if it is against your own self’ (see how Qura’n elevates the position of humankind). ‘even if it goes against your parents or relatives’, ‘whether rich or poor’, for ‘Allah’s right is bigger than theirs’. ‘Remember that your vested interests, the relationship of relatives and friends and the fear of reprisal from the rich and influential, can stand in the way’. ‘But you should not consider these issues and stand firm in your resolve’. ‘Nor should you speak with forked tongue nor should you avoid the truth, you may be able to fool people but you can’t fool Allah, HE knows all’4-135. Speak the truth openly.
Having given the above edict, it warns the society that it should implement such a system that the witness suffers no reprisals on giving witness 2-282.
16. Freedom of Expression
To express ones opinion also fall in this area. One of the differences between animal kingdom and humankind, according to Qura’n is that the former do not have the capacity to express its consciences. humankind has been given this capability. God has created humankind and has given it the capacity to express itself 55-4, and at other place it says that HE has given humankind the capacity to express itself ‘with the pen 96-4’.
Humankind has the right to express its opinion with the help of a tongue (language) and with pen as well.
It must be understood that expression of opinion or the use of any other God-given faculty in contravention of HIS laws is a crime and worthy of punishment. It is different thing to restrict or curtail these God given capacities. The wrong use of these capacities can be rendered as crime but the right to use them cannot be usurped. To do so would be akin to turn humankind into an animal.
17. The right of protection of privacy
Qura’n prevents us from unnecessarily scrutinising individual’s privacy 49-12. It means that it gives the individual the assurance that their privacy will not be encroached upon.(In the matter of crime investigation it becomes a different issue). The protection of the content of letters and correspondence falls in this category. It thus gives the right of privacy to an individual when it says ‘except in your own, you should not enter into others houses without the resident’s permission 24-27.
18. Protection against Slander
Qura’an provides for protection against slander. It says ‘Allah does not like that a persons weakness be propagated maliciously 4-148’. If correction is intended then it should be under taken quietly, then it says ‘a group or party should not belittle another 49-11. No derogatory names be given. One must not be teased, just on the basis of rumour 49-12. This explains why one should be presumed innocent till proved guilty and no talk behind the back be indulged into 24-12 and 24-16. Back-biting is strictly forbidden in Qura’n 49-12. With these given warnings, Qura’n protects individuals privacy.
19. Assurance of Peace
Qura’n steps further after giving all the above rights. ‘These people will have no fear and stress 2-38’.Fear is an anxiety caused by the external dangers. Hence this society will be protected from external dangers by the State. Stress is the name given to the trauma caused by these anxieties. Thus in a system where the State has taken the responsibility of protecting the people from external dangers, it is also its responsibility to remove the causes of anxieties. The protection from fear and stress is such a composite statement that it conjures up the concept of total bliss. In this protection also lies the idea ‘no body who can a carry a burden will carry the burden of another 6-165’. It will not happen that one will take the action but some one else will reap the reward. That the responsibility should be of some one but some one else would fulfil the responsibility. Some one should commit a crime but some one else would suffer the consequences. This is the security with which all will get true contentment. The acquisition of it is the basic right of every individual.
These are the basic right that Quran accepts as the Human Rights, and their sanctity is given by the Quranic System.
Muslims Successful in turning Precious Gold into Worthless Dust
by Muhammad Iqbal Khawaja
"Why I am not a Christian" is the title of an article written by Dr Shabbir Ahmed M.D. (Florida) that appeared in the May, June, and July 1999 editions of the Tolu-e-Islam Magazine. Such was the allure and magnetism of this scholarly, magnificent and an extremely powerful article that I had already read it inter- alia five times. Resting in my sitting room, my gaze fell on the June edition of the Tolu-e-Islam Magazine. I picked it up and proceeded yet again, to read the second instalment of this article.
Readers will appreciate that when one reads an article or book more than once, each time one derives new depth and new knowledge from it. That is exactly what had happened to me with this article. On the previous readings, I had read and understood the paragraph on the Pillars of Islam and then moved on. But on this occasion when I read: (Quote;" The term "Pillars of Islam" does not appear in the Quran. According to a saying of the Holy Messenger, "the building of Islam rests on five [Pillars]"), these words kept repeating themselves in my head so much that I was forced to put the magazine down and think.
The Building of Islam rests on Five Pillars! The Building of Islam! What a magnificent building it would be! The Pillars on which this building would be supported, just how magnificent and powerful structures they would have to be? Indeed, that is how it should be. For the building of Islam and the structures that would support it, are nothing that this world has ever seen, as Islam is a divine message from Allah for the entire Humankind. The structures (Pillars) that would support the building of Islam would have to be strong, purposeful, powerful and pragmatic, because Islam is not a dogma. Let us remain focused on this truth and examine the five Pillars of Islam.
Kalema: Quote:(or the creed of Islam): "I solemnly declare from the depth of my heart that there is no God (in the Universe worthy of my obedience, submission and subservience) but ALLAH , and Muhammad is His Messenger"].
It is generally believed by Muslims, that in order to convert to Islam or to renew ones affirmation, one has only to recite the Kalema . Is it really that easy to be a Muslim? Simply recite these words and hey presto! you are a Muslim! Or do the words have a meaning and a practical aspect to them, which are indispensable, intrinsic and absolutely fundamental to the very foundation of a Muslim's life?
Obedience: derived from obey; which means to do and be willing to do what one is told to do.; carry out (a command).
Submission: derived from submit; which means put oneself under the control of another; submission; act of submitting; accepting of another's power or authority; obedience; humility; with profound respect.
Subservience: derived from subserve; which means to serve as a means to helping (an end or purpose).
When we recite the Kalema, we declare, "I acknowledge and affirm from the depth of my heart that I am not willing to do or carry out any commands unless they are from ALLAH! (obedience) and affirm that I place myself under no-ones control, I recognise no authority over me except that of ALLAH! (submission) and I serve no-one except ALLAH and obey what He has ordained (subservience). In other words, I sincerely declare and affirm that the right of sovereignty over me belongs only to ALLAH! And that Muhammad is His Messenger.
This is an oath, an undertaking a promise that we make to God. These are not mere words, the recitation of which is enough to turn us into Muslims. This statement, this declaration actually forms the very basis of the code, direction and the purpose of our life. It is only after adherence to the meaning of every word of this declaration that one becomes a Muslim. Islam is a collective way of life in which every member of society enriches the life of others in the light of Divine values and in this society the right of sovereignty belongs only to ALLAH.
The Kalema is an affirmation, recognition and acknowledgement of this very intrinsic principle (Pillar) on which rests the building of Islam. I will leave it to you to decide as to who or what is the sovereign (ILLA) in the lives of the "Muslims" of today, the mullah, books written by men, tradition, a multitude of man made governments, power crazed politicians, army Generals, wealth, or greed?
Salat : "Allah has promised those amongst you who believe and perform deeds consistent with the Divine Laws that He will of a surety grant them suzerainty in the land, as He granted it to those before them" (Al-Quran 24:55)
Allah is a being who controls the entire universe and moves it on to its final destiny in accordance with His inviolable laws. According to these laws everything in the universe from its initial stage grows, develops and in time attains its full stature, just like the tiny apple seed which gradually grows into a huge tree. Man is no exception. There are Allah's laws that govern man's development and growth also. (Man has not developed fully yet, as he uses only 25% of his brain).
Therefore, the objective of granting this power (suzerainty) in the land is that "they (the Muslims) may establish with authority their "Deen": the one that Allah has chosen for them so that He may change their state of fear in which they lived to one of peace and security". Once the authority has been bestowed, Allah commands the Muslims: "So establish Salat and provide Zakat and obey the Rasool, so that you may undergo development, within the specified pattern." (Al-Quran 24:56). Undergo development, within the specified pattern. It is clearly evident from this ayyat that the Salat and Zakat is a system under which Mankind undergoes development according to the pattern that Allah has designed, to help Man reach his ultimate destiny.
Having commanded the Muslims to establish Salat, Allah then gives Mankind the following undertaking "We are responsible for providing your and your children's subsistence." (Al-Quran 6:152). A question arises. If Allah has given this clear and unambiguous undertaking to provide Mankind with its subsistence (the means of existing, the basic essentials of life), why is there so much hunger and destitution in the world?
The answer is very simple and clear. It is because we (the Muslims) have singularly failed to Establish Salat ! Islam is not a dogma. It is a pragmatic system of Cause and Effect. Since we have failed to satisfy the necessary condition i.e. Cause: Establish Salat and Provide Zakat! We have been denied the Effect i.e. the fulfilment of Allah's promise to us.
[Quote: Establishing Salat entails regular submission to Allah and striving collectively to form a social order where no one in society sleeps hungry (Al-Quran 107:1-7)] In other words Salat is the society working together -not singly- to establish such a social order, a system, the end product of which would be that no-one in society would go hungry. No-one would be in want for anything. All the needs of the individual and of the society would be met as a consequence of this system. Thereby fulfilling the promise of Allah to Mankind and freeing Man to devote his time and energy to developing his personality, his potentialities.
The system that produces such tangible results that enable God's promise to Mankind to be fulfilled, has been given to us by God free of charge. This system, which on the one hand takes away from Man worries, anxieties, and fear and on the other hand gives him shelter, food, clothing, education and health care (basic necessities of life), this precious gift of God to mankind is nothing other than Islam! All we have to do is implement this system.
An Example: Let us for a moment, see how a system, produces the kinds of results that we have discussed above. I have lived in Britain for twenty eight years of which twenty two have been spent in the service of the British Government. The British Government, since 1948 has established a system under which every working person has to pay two separate taxes from his income, Income Tax and National Insurance.
The funds collected from income tax go straight to the Treasury which the Government uses to run the business of state. A percentage of funds collected from National Insurance is handed over to the Department of Health, that runs the Health Services. The rest of the funds collected from National Insurance are given to the Department of Social Security. This Department is charged with the responsibility of paying benefits to people who do not have an income or whose income is not sufficient for their needs.
I apologise for indulging in my private circumstances. But it was deemed necessary to explain how a system produces results. I have been a diabetic for some twenty-one years. I have developed all the complications that diabetes can lead to. The worst of which, is heart disease and end stage kidney failure.
As a result of this, in the last two years I have had four major operations and been hospitalised on no less than eight times and each time my stay varied from four days to two and a half months. For all the treatment received, I have paid from my pocket, not a single penny. In addition, the medical treatment I receive as a diabetic and a kidney patient is also received free of all charges. One may wonder as to how, is this possible? The answer is that the system of National Insurance, which pays a sum to the Department of Health from the contributions made by every worker in the land guarantees that, every citizen will receive free medical and health care. Can you see how this system has produced a result?
Now let us look at the other aspect of National Insurance contributions. For one and a half of the two-year period that I have not gone to work, my employer paid me, my full salary. My salary was then reduced to pension rate which is £600 a month. The mortgage I pay on my house is £500 a month. I could not survive on the remaining £100 a month. Given these facts, had I been living in Pakistan or any other Islamic country for that matter, I would have by now surely lost my property and not only become homeless, but destitute also. That is of course if my wife had not already become a widow and my two young children orphans!
However, in Britain due to the system of tax and National Insurance, I receive a benefit called "Incapacity Benefit", which is paid to people who due to ill health are unable to return to work. This benefit is based on the amount of National Insurance contributions one has paid whilst in work and is payable for as long as one is sick. When added to my pension this benefit brings my total income to just slightly below my monthly salary. The result is that my mortgage is being paid so my property is safe.
In addition all of my and my families needs are being met. Just imagine, I have not gone to work for two whole years and I have no idea as to when I will be fit enough to return to work. But as a consequence of the system of National Insurance which the British Government set up in 1948, all my needs are being taken care of and as a result I am free from all worry, anxiety and fear.(Al-Qur'an 11:6, 29:60) In this non Islamic country can you see how the promise of Allah to mankind is being fulfilled as a direct consequence of a system? This is precisely the concept of Salat. Al-Salat is a system in which all human beings follow the law of Allah, and after retaining that which is necessary for their basic needs (Al-Qur'an 2:219), they keep the remaining material resources open for the nourishment of the needy. It is only by adhering to the system of Salat that it is possible for man to develop his potentialities and have order in his life and then, this development is in accordance with the pattern designed by Allah. Therefore, establishing Salat is collectively understanding, implementing and the continuing of such a system, that on the one hand removes from man all anxiety and fear and restores in its place contentment, which then affords every citizen the opportunity to develop their latent potentialities.
This is the concept of Salat. The pillar on which rests the building of Islam. Please ponder over how we have turned Salat into a mechanical ritual . What consequences or results has our interpretation of Salat produced so far and what results is it ever likely to produce as long as we continue to blindly follow this interpretation. You can also see what we have lost by not establishing the Salat (the benefits of Allah's promise to Mankind) and what gains if any have we accrued through our interpretation of it! For Allah says in the Quran: "Those whose reward is shame and humiliation in this world will have shame and humiliation in the next" (Al-Quran 17:75, 22:11, 24:19). (C)
Zakat: The Holy Quran has declared clearly and unambiguously, that an individual, a society, or a state has no right to claim obedience from any person, since obedience is due to God and God only. The Quran says: "The right to rule belongs to none but Allah. It is commanded that you obey none but Him." [(Al-Quran 9:40, 74:3) further explained by (17:111)] (Dear reader, let us pause here for a while and just remind ourselves of the explanation of Kalema, discussed earlier). But we can neither see, nor hear, nor feel God, so how are we then to obey Him? The answer is simple. Allah says: "Follow the revelation given unto you from your Rabb, and follow not as friends and protectors other than Him." (Al-Quran 7:3). This is further qualified by "We have sent down to thee the Book in truth, that you might establish the rule between men, as guided by Allah." (Al-Quran 4:105). Obedience therefore is not to God personally but to the laws He has revealed in the Holy Quran. For securing obedience to the Law however, we require a properly constituted enforcing agency.
The agency that enforces God's Laws, is the Islamic State and obedience to God in practice, means obedience to the State that enforces His laws. (This was the reason, for which Pakistan was acquired?)
However, the burden of the Islamic State is a heavy one. For God says to the Islamic State: "Since you take obedience from the people in my name, you must give them what I have promised to give them. That is, fulfil the responsibilities that I have assumed in respect of Mankind. ["So establish Salat (the way of life consistent with divine laws) and provide Zakat (provision of nourishment to individual human beings)." (Al-Quran 24:56)] If you fail to fulfil the responsibilities to people, you lose the right to their obedience." (The Governments of the so called Muslim World, please take note). Therefore, in the Quranic social order, the relationship between the individual and the State is a two sided affair. The individual obeys the laws of God through the agency of State and the State honours the promises Allah has made to Man. In order to fulfil Allah's promise to Man it is imperative that the means of production remain in the custody of State and surplus wealth is not regarded as private property.
[Quote: Zakat; The Government and people will keep all their wealth and resources open for the betterment of society and for the fellow human beings. People will give "whatever is more than their needs."] Allah says: "They ask thee, how much they are to keep open for others, Say whatever is more then your needs." (Al-Quran 2:219) Therefore according to this injunction of the Holy Quran, an individual keeps from his income what he requires for his basic needs -without going short of anything- and gives the rest of his wealth to the State or keeps it open in trust for the State. (Since the Holy Messenger (PBUH) simply passed on to Mankind only that which Allah revealed to him and did not add anything of his own, where did the 2.5% zakat tax on wealth spring up from??)
With the materialistic mind set that Man has developed, a question arises as to why should an individual keep all of his surplus wealth open for the betterment of others? The answer is, for his own salvation. For every act of ours that fulfils the needs of others, nourishes our SELF. The Holy Messenger (PBUH) has said: "The best of Mankind are those who benefit humanity." And so the righteous people are those who make their SELF (NAFS) develop by fulfilling the needs of others. And they do so because of EMAN (conviction), for they know that they will be rewarded manifold in both worlds. The Quran says: "Allah has bought from the believers their lives and what they have of material things, so that He may give them Jannah (Heaven)." (Al-Quran 9:111) It is these resources that the Islamic State utilises to fulfil Allah's promises and provide Jannah for the whole of Mankind. This is the concept of Zakat. This is that powerful pillar that the building of Islam rests upon. You can also see how well these concepts of Salat and Zakat fit into one another. Both of these concepts are complementary to each other. For in the Holy Quran, whenever Salat is mentioned, so is Zakat. If Salat is to be translated simply as Namaz (Prayers), what possible connection has Zakat with Namaz, which is prayed and not established as is Salat?
Referring back to my personal case, am I not living in Jannah. Clearly it is not the Junnah that Allah has promised, but never-the-less I am living free of fear and in peace and security, am I not? This is the benefit of a system devised by Man. Can you visualise what splendour and reward of a system designed by Allah would be? Is it not lamentable, the loss that we are incurring?
Saum: It is evident from what has been discussed above as to what kind of society God envisages for mankind. "The believers give preference to the needs of others than their own even when they are themselves needy." (Al-Quran 59:9). A society in which the welfare of others feels like the welfare of ones own. This society comes about first, through the individuals EMAN in Allah and His book. Secondly through the establishment of Salat and provision of Zakat, which frees every member of society from want.
Such a society would require from its members obedience, discipline, courage, endurance, wisdom and magnanimity of the highest order. All of these qualities come about in the individuals of society through their Eman in Allah and His book. And these are then reinforced into their character, through a yearly repeated programme of self discipline and self control. Just as in order to maintain fitness of their soldiers and ensure their battle readiness, all armed forces, in addition to their daily work-outs, conduct yearly battle manoeuvres.
The objective of these exercises is to instil discipline in their soldiers and the officers who lead them. The exercises also ensure that the personnel of the armed forces remain focused and in perfect physical and mental condition to accomplish any task they may be called upon to perform.
Similarly Saum (Fasting) is a training programme for all able bodied to cultivate discipline, good manners and develop steadfastness, courage and endurance in themselves to bear hardship and labour under various conditions. In short, to develop ones personality through self control. For it is said that: "He that is slow to anger is better than the mighty; and he that rules his heart is better than he that takes a city". It is also said that: "He that has conquered his Self, has conquered the world". The objective of this training is to gel an individual, a potential world conqueror into an effective member of a unit, a team (and what a team that would make, where every member was a potential World conqueror).. In short, one Ummah in preparation for establishing one nation under one God. These are the high ideals and purpose of the month of fasting (Ramdhan). This is the pillar on which rests the building of Islam. It is not simply abstaining from food and drink and other material indulgences to get near God.
Hajj: It goes without saying that Allah's authority and sovereignty is not limited by national boundaries.
Allah's sovereignty reins over the whole world and mankind. The Quran has stated that: "mankind is one community." (Al-Quran 2:213) and the Holy Messenger(PBUH) has been addressed as: "O Rasool! The ultimate objective of your mission is to eliminate differences amongst human beings and make them one Ummah as they were at the beginning of human history. But they created differences and were split." (Al-Quran 10:19) Allah's laws are implemented through the Holy Quran. However the Islamic state that implements these laws requires a centre to operate and disseminate Gods laws from. The first house of Allah on earth was built by Abraham and his son, Ismail at Kabbah in the city of Makkah and Allah has called this "The first house which was built undoubtedly (as a centre) for entire mankind." (Al-Quran 3:95) And it was here that the representatives of the Ummah were to gather to receive guidance and instructions on what to do.
It was from here that the guidance and laws of Allah for mankind were to be disseminated, and it is these laws emanating from Kabbah that mankind was supposed to "Revolve Around" (Twaaf) i.e. obey with single minded determination regardless of where they lived on earth. "Revolving around the laws" emanating from Kabbah would have led us all to our objective i.e. one Ummah living in peace, harmony and tranquillity under the rule of Allah. Millions of revolutions around the stone and mortar structure neither have nor are ever likely to produce any tangible, substantive or measurable results.
I would politely ask the reader to remain focused on the objectives of the Islamic State which are to fulfil Allah's promise to Mankind as discussed earlier. Also keep in mind the sheer size of this organisation. The success of any organisation depends on effective and efficient communication and the positive and effective decision making process and then the ability to take prompt action on the decisions made. This is true of any organisation weather it is run by the UN, NASA, a multinational conglomerate or any large organisation. These organisations have a yearly meeting called an AGM-Annual General Meeting- three things happen at these AGM's!
1. All the staff and executives are reminded afresh of the aims and objectives of the organisation.
2. The heads of the different Departments give an account of how well or badly their respective departments have performed-what has hindered or aided their performance so that lessons could be learnt and good practises spread to other Departments. And out of all of this emerges the picture of how well the company has performed in the preceding year.
3. The targets for the following year and the plans to achieve these targets are formally adopted by the organisation and made known to all their members, so that work can begin in earnest to achieve the goals agreed at the AGM.
In case of an emergency arising when the organisation cannot wait for the AGM it can hold what is termed an EGM-Extra-ordinary General Meeting- to discuss the emergency, decide on the action required and then implement the decision. If we develop this concept a bit further, we can see that every nation has a government that sits at it's centre (Capital city). In order to ensure that the rule of the government is enforced throughout the country, the central government devolves its powers to what is termed local governments or provincial governments. Each year the local governments report back to the central government and may present plans they may have for projects to improve the local area or improve the quality of life in their respective areas. The central government after discussions and taking the overall picture of the nation into account then either accede to or modify some of these requests and authorise and allocate funds for them. The representatives of the local governments with the funds in the bank return to their respective areas to put the plans into action.
This is precisely the purpose of Hajj which means "Conference" in Arabic. The city of Makkah has been chosen as the Capital city of the Islamic State that was to rule over the whole world. And Kabbah was to be the Seat of Government of this State. For Allah has called this: "The first house which was built undoubtedly (as a centre) for entire mankind." (Al-Quran 3:95)
It is the job of any good Government to pass and then enforce such Laws that help to nurture and develop a society whose members live in peace, security and contentment, In the Islamic State, under the rule of Allah and Allah alone this job is perfected. Now let us consider the purpose of Hajj which, as has already been stated, means "Conference" in Arabic.
This is the time prescribed for representatives of the Ummah from all over the World to gather at the place of the central government of Islam in Makkah and present their cases and make known the needs of their respective people. It is from here that the needs of the Ummah are then fulfilled by the central government of Islam. Hajj therefore ensures:
1. The central Government at Kabbah is kept in touch with the needs of the people living in far away lands and ensures that all possible aid and assistance is provided to them promptly.
2. The needs of every human being are met so that the Islamic State can discharge its responsibility, which is to honour Allah's promise to Mankind.
(Have you noticed the subtle difference in the Islamic Quranic State where the sovereign is Allah. The purpose of this State is to ensure that not a single individual of entire Mankind is deprived of his basic needs, where as the purpose of the "multitude of So Called Islamic States of the present world"- this has to be a contradiction in terms- is to ensure that no-one escapes the grip of the draconian laws that they have enacted) This is the whole essence of Hajj, an AGM of the entire Mankind.
Ummrah: In case of an emergency arising anywhere in the world, that requires an urgent decision and action from the central Government and can not wait for Hajj, the state can organise an extra-ordinary general meeting (EGM), a special or emergency meeting. This is called Ummrah. (It is surprising that some how, only the concept of the Ummrah being able to be held at any time has been retained by the Muslims of today where as, all other concepts have either been lost or adulterated.)
As stated earlier dear reader, Islam is not a religion created by man's imagination, steeped in dogma and pathetic, pointless and meaningless rituals and traditions. Islam is a practical and a comprehensive system of life, covering all aspects of human life. It is a pragmatic system of cause and effect. You will have noticed that the concepts of the pillars presented here, individually lead to a definitive and tangible objective. And collectively lead to the objective of helping to bind mankind into one community living in peace and security. So that man can create Jannah here on earth.
But we have turned this Precious Gold into Worthless Dust. For centuries we have been following the wrong interpretation of these "Pillars" on which rests the whole building of Islam and consequently find ourselves living in Jahannum (Hell) of our own making. The people Allah created for the leadership of this world are standing in a queue. of beggars. What a sad, sorry and lamentable sight it is. O' Muslims, wake up and take heed of what Allah has said in the Quran "If you fail to follow the path I have revealed to you I will replace you with people who will follow the path. Ignominy, shame and humiliation will then be your just reward." (Al-Quran 11: 57, 47:38, 70:44) (Some may say that perhaps, we have already reached that point of no return.)
Conclusion: For goodness sakes, how long? How long will we continue to follow the paths that have lead us collectively to absolutely nowhere. Except to immobility, stagnation, divisions, fragmentation, fighting amongst ourselves and to the absolute ruin of generations of the people that Allah created to lead Mankind to the promised land.
For God sakes, it is about time, that Muslims took stock of their lot and realised that, there is no such thing as they. For they never change. It is we who will have to change. As the Hakeem-e-ummat Dr. Sir Allama Iqbal has said:" O! Mussalmaan if you desire to live your life as a Momin, you have no choice except to make the Qur'an your guiding light". We will have to cleanse our minds of the Religion (Mazhab) of Islam and return to the Deen-ul-Haq. We will have to follow the revelation given unto us by our Rabb, and follow not as friends and protectors other than Him (Al-Qur'an 7:3). We will therefore, have to disregard all other books written by men and seek guidance only from the Book sent down to us in truth, that we may establish the rule between men, as guided by Allah (Al-Qur'an 4:105).
We will have to demand from our respective States that they fulfil the promise that Allah has made to us. Or as Allah has said, they lose the right to our obedience. We will have to demand what is rightfully ours, the benefits of the system of Rabubiyyat (nourishment and development) which are manifest when the Salat and Zakat is established. Dear friends, the responsibility is ours. May Allah grant us the wisdom, courage and the strength to claim that, which is ours by right.
by Muhammad Iqbal Khawaja
"Why I am not a Christian" is the title of an article written by Dr Shabbir Ahmed M.D. (Florida) that appeared in the May, June, and July 1999 editions of the Tolu-e-Islam Magazine. Such was the allure and magnetism of this scholarly, magnificent and an extremely powerful article that I had already read it inter- alia five times. Resting in my sitting room, my gaze fell on the June edition of the Tolu-e-Islam Magazine. I picked it up and proceeded yet again, to read the second instalment of this article.
Readers will appreciate that when one reads an article or book more than once, each time one derives new depth and new knowledge from it. That is exactly what had happened to me with this article. On the previous readings, I had read and understood the paragraph on the Pillars of Islam and then moved on. But on this occasion when I read: (Quote;" The term "Pillars of Islam" does not appear in the Quran. According to a saying of the Holy Messenger, "the building of Islam rests on five [Pillars]"), these words kept repeating themselves in my head so much that I was forced to put the magazine down and think.
The Building of Islam rests on Five Pillars! The Building of Islam! What a magnificent building it would be! The Pillars on which this building would be supported, just how magnificent and powerful structures they would have to be? Indeed, that is how it should be. For the building of Islam and the structures that would support it, are nothing that this world has ever seen, as Islam is a divine message from Allah for the entire Humankind. The structures (Pillars) that would support the building of Islam would have to be strong, purposeful, powerful and pragmatic, because Islam is not a dogma. Let us remain focused on this truth and examine the five Pillars of Islam.
Kalema: Quote:(or the creed of Islam): "I solemnly declare from the depth of my heart that there is no God (in the Universe worthy of my obedience, submission and subservience) but ALLAH , and Muhammad is His Messenger"].
It is generally believed by Muslims, that in order to convert to Islam or to renew ones affirmation, one has only to recite the Kalema . Is it really that easy to be a Muslim? Simply recite these words and hey presto! you are a Muslim! Or do the words have a meaning and a practical aspect to them, which are indispensable, intrinsic and absolutely fundamental to the very foundation of a Muslim's life?
Obedience: derived from obey; which means to do and be willing to do what one is told to do.; carry out (a command).
Submission: derived from submit; which means put oneself under the control of another; submission; act of submitting; accepting of another's power or authority; obedience; humility; with profound respect.
Subservience: derived from subserve; which means to serve as a means to helping (an end or purpose).
When we recite the Kalema, we declare, "I acknowledge and affirm from the depth of my heart that I am not willing to do or carry out any commands unless they are from ALLAH! (obedience) and affirm that I place myself under no-ones control, I recognise no authority over me except that of ALLAH! (submission) and I serve no-one except ALLAH and obey what He has ordained (subservience). In other words, I sincerely declare and affirm that the right of sovereignty over me belongs only to ALLAH! And that Muhammad is His Messenger.
This is an oath, an undertaking a promise that we make to God. These are not mere words, the recitation of which is enough to turn us into Muslims. This statement, this declaration actually forms the very basis of the code, direction and the purpose of our life. It is only after adherence to the meaning of every word of this declaration that one becomes a Muslim. Islam is a collective way of life in which every member of society enriches the life of others in the light of Divine values and in this society the right of sovereignty belongs only to ALLAH.
The Kalema is an affirmation, recognition and acknowledgement of this very intrinsic principle (Pillar) on which rests the building of Islam. I will leave it to you to decide as to who or what is the sovereign (ILLA) in the lives of the "Muslims" of today, the mullah, books written by men, tradition, a multitude of man made governments, power crazed politicians, army Generals, wealth, or greed?
Salat : "Allah has promised those amongst you who believe and perform deeds consistent with the Divine Laws that He will of a surety grant them suzerainty in the land, as He granted it to those before them" (Al-Quran 24:55)
Allah is a being who controls the entire universe and moves it on to its final destiny in accordance with His inviolable laws. According to these laws everything in the universe from its initial stage grows, develops and in time attains its full stature, just like the tiny apple seed which gradually grows into a huge tree. Man is no exception. There are Allah's laws that govern man's development and growth also. (Man has not developed fully yet, as he uses only 25% of his brain).
Therefore, the objective of granting this power (suzerainty) in the land is that "they (the Muslims) may establish with authority their "Deen": the one that Allah has chosen for them so that He may change their state of fear in which they lived to one of peace and security". Once the authority has been bestowed, Allah commands the Muslims: "So establish Salat and provide Zakat and obey the Rasool, so that you may undergo development, within the specified pattern." (Al-Quran 24:56). Undergo development, within the specified pattern. It is clearly evident from this ayyat that the Salat and Zakat is a system under which Mankind undergoes development according to the pattern that Allah has designed, to help Man reach his ultimate destiny.
Having commanded the Muslims to establish Salat, Allah then gives Mankind the following undertaking "We are responsible for providing your and your children's subsistence." (Al-Quran 6:152). A question arises. If Allah has given this clear and unambiguous undertaking to provide Mankind with its subsistence (the means of existing, the basic essentials of life), why is there so much hunger and destitution in the world?
The answer is very simple and clear. It is because we (the Muslims) have singularly failed to Establish Salat ! Islam is not a dogma. It is a pragmatic system of Cause and Effect. Since we have failed to satisfy the necessary condition i.e. Cause: Establish Salat and Provide Zakat! We have been denied the Effect i.e. the fulfilment of Allah's promise to us.
[Quote: Establishing Salat entails regular submission to Allah and striving collectively to form a social order where no one in society sleeps hungry (Al-Quran 107:1-7)] In other words Salat is the society working together -not singly- to establish such a social order, a system, the end product of which would be that no-one in society would go hungry. No-one would be in want for anything. All the needs of the individual and of the society would be met as a consequence of this system. Thereby fulfilling the promise of Allah to Mankind and freeing Man to devote his time and energy to developing his personality, his potentialities.
The system that produces such tangible results that enable God's promise to Mankind to be fulfilled, has been given to us by God free of charge. This system, which on the one hand takes away from Man worries, anxieties, and fear and on the other hand gives him shelter, food, clothing, education and health care (basic necessities of life), this precious gift of God to mankind is nothing other than Islam! All we have to do is implement this system.
An Example: Let us for a moment, see how a system, produces the kinds of results that we have discussed above. I have lived in Britain for twenty eight years of which twenty two have been spent in the service of the British Government. The British Government, since 1948 has established a system under which every working person has to pay two separate taxes from his income, Income Tax and National Insurance.
The funds collected from income tax go straight to the Treasury which the Government uses to run the business of state. A percentage of funds collected from National Insurance is handed over to the Department of Health, that runs the Health Services. The rest of the funds collected from National Insurance are given to the Department of Social Security. This Department is charged with the responsibility of paying benefits to people who do not have an income or whose income is not sufficient for their needs.
I apologise for indulging in my private circumstances. But it was deemed necessary to explain how a system produces results. I have been a diabetic for some twenty-one years. I have developed all the complications that diabetes can lead to. The worst of which, is heart disease and end stage kidney failure.
As a result of this, in the last two years I have had four major operations and been hospitalised on no less than eight times and each time my stay varied from four days to two and a half months. For all the treatment received, I have paid from my pocket, not a single penny. In addition, the medical treatment I receive as a diabetic and a kidney patient is also received free of all charges. One may wonder as to how, is this possible? The answer is that the system of National Insurance, which pays a sum to the Department of Health from the contributions made by every worker in the land guarantees that, every citizen will receive free medical and health care. Can you see how this system has produced a result?
Now let us look at the other aspect of National Insurance contributions. For one and a half of the two-year period that I have not gone to work, my employer paid me, my full salary. My salary was then reduced to pension rate which is £600 a month. The mortgage I pay on my house is £500 a month. I could not survive on the remaining £100 a month. Given these facts, had I been living in Pakistan or any other Islamic country for that matter, I would have by now surely lost my property and not only become homeless, but destitute also. That is of course if my wife had not already become a widow and my two young children orphans!
However, in Britain due to the system of tax and National Insurance, I receive a benefit called "Incapacity Benefit", which is paid to people who due to ill health are unable to return to work. This benefit is based on the amount of National Insurance contributions one has paid whilst in work and is payable for as long as one is sick. When added to my pension this benefit brings my total income to just slightly below my monthly salary. The result is that my mortgage is being paid so my property is safe.
In addition all of my and my families needs are being met. Just imagine, I have not gone to work for two whole years and I have no idea as to when I will be fit enough to return to work. But as a consequence of the system of National Insurance which the British Government set up in 1948, all my needs are being taken care of and as a result I am free from all worry, anxiety and fear.(Al-Qur'an 11:6, 29:60) In this non Islamic country can you see how the promise of Allah to mankind is being fulfilled as a direct consequence of a system? This is precisely the concept of Salat. Al-Salat is a system in which all human beings follow the law of Allah, and after retaining that which is necessary for their basic needs (Al-Qur'an 2:219), they keep the remaining material resources open for the nourishment of the needy. It is only by adhering to the system of Salat that it is possible for man to develop his potentialities and have order in his life and then, this development is in accordance with the pattern designed by Allah. Therefore, establishing Salat is collectively understanding, implementing and the continuing of such a system, that on the one hand removes from man all anxiety and fear and restores in its place contentment, which then affords every citizen the opportunity to develop their latent potentialities.
This is the concept of Salat. The pillar on which rests the building of Islam. Please ponder over how we have turned Salat into a mechanical ritual . What consequences or results has our interpretation of Salat produced so far and what results is it ever likely to produce as long as we continue to blindly follow this interpretation. You can also see what we have lost by not establishing the Salat (the benefits of Allah's promise to Mankind) and what gains if any have we accrued through our interpretation of it! For Allah says in the Quran: "Those whose reward is shame and humiliation in this world will have shame and humiliation in the next" (Al-Quran 17:75, 22:11, 24:19). (C)
Zakat: The Holy Quran has declared clearly and unambiguously, that an individual, a society, or a state has no right to claim obedience from any person, since obedience is due to God and God only. The Quran says: "The right to rule belongs to none but Allah. It is commanded that you obey none but Him." [(Al-Quran 9:40, 74:3) further explained by (17:111)] (Dear reader, let us pause here for a while and just remind ourselves of the explanation of Kalema, discussed earlier). But we can neither see, nor hear, nor feel God, so how are we then to obey Him? The answer is simple. Allah says: "Follow the revelation given unto you from your Rabb, and follow not as friends and protectors other than Him." (Al-Quran 7:3). This is further qualified by "We have sent down to thee the Book in truth, that you might establish the rule between men, as guided by Allah." (Al-Quran 4:105). Obedience therefore is not to God personally but to the laws He has revealed in the Holy Quran. For securing obedience to the Law however, we require a properly constituted enforcing agency.
The agency that enforces God's Laws, is the Islamic State and obedience to God in practice, means obedience to the State that enforces His laws. (This was the reason, for which Pakistan was acquired?)
However, the burden of the Islamic State is a heavy one. For God says to the Islamic State: "Since you take obedience from the people in my name, you must give them what I have promised to give them. That is, fulfil the responsibilities that I have assumed in respect of Mankind. ["So establish Salat (the way of life consistent with divine laws) and provide Zakat (provision of nourishment to individual human beings)." (Al-Quran 24:56)] If you fail to fulfil the responsibilities to people, you lose the right to their obedience." (The Governments of the so called Muslim World, please take note). Therefore, in the Quranic social order, the relationship between the individual and the State is a two sided affair. The individual obeys the laws of God through the agency of State and the State honours the promises Allah has made to Man. In order to fulfil Allah's promise to Man it is imperative that the means of production remain in the custody of State and surplus wealth is not regarded as private property.
[Quote: Zakat; The Government and people will keep all their wealth and resources open for the betterment of society and for the fellow human beings. People will give "whatever is more than their needs."] Allah says: "They ask thee, how much they are to keep open for others, Say whatever is more then your needs." (Al-Quran 2:219) Therefore according to this injunction of the Holy Quran, an individual keeps from his income what he requires for his basic needs -without going short of anything- and gives the rest of his wealth to the State or keeps it open in trust for the State. (Since the Holy Messenger (PBUH) simply passed on to Mankind only that which Allah revealed to him and did not add anything of his own, where did the 2.5% zakat tax on wealth spring up from??)
With the materialistic mind set that Man has developed, a question arises as to why should an individual keep all of his surplus wealth open for the betterment of others? The answer is, for his own salvation. For every act of ours that fulfils the needs of others, nourishes our SELF. The Holy Messenger (PBUH) has said: "The best of Mankind are those who benefit humanity." And so the righteous people are those who make their SELF (NAFS) develop by fulfilling the needs of others. And they do so because of EMAN (conviction), for they know that they will be rewarded manifold in both worlds. The Quran says: "Allah has bought from the believers their lives and what they have of material things, so that He may give them Jannah (Heaven)." (Al-Quran 9:111) It is these resources that the Islamic State utilises to fulfil Allah's promises and provide Jannah for the whole of Mankind. This is the concept of Zakat. This is that powerful pillar that the building of Islam rests upon. You can also see how well these concepts of Salat and Zakat fit into one another. Both of these concepts are complementary to each other. For in the Holy Quran, whenever Salat is mentioned, so is Zakat. If Salat is to be translated simply as Namaz (Prayers), what possible connection has Zakat with Namaz, which is prayed and not established as is Salat?
Referring back to my personal case, am I not living in Jannah. Clearly it is not the Junnah that Allah has promised, but never-the-less I am living free of fear and in peace and security, am I not? This is the benefit of a system devised by Man. Can you visualise what splendour and reward of a system designed by Allah would be? Is it not lamentable, the loss that we are incurring?
Saum: It is evident from what has been discussed above as to what kind of society God envisages for mankind. "The believers give preference to the needs of others than their own even when they are themselves needy." (Al-Quran 59:9). A society in which the welfare of others feels like the welfare of ones own. This society comes about first, through the individuals EMAN in Allah and His book. Secondly through the establishment of Salat and provision of Zakat, which frees every member of society from want.
Such a society would require from its members obedience, discipline, courage, endurance, wisdom and magnanimity of the highest order. All of these qualities come about in the individuals of society through their Eman in Allah and His book. And these are then reinforced into their character, through a yearly repeated programme of self discipline and self control. Just as in order to maintain fitness of their soldiers and ensure their battle readiness, all armed forces, in addition to their daily work-outs, conduct yearly battle manoeuvres.
The objective of these exercises is to instil discipline in their soldiers and the officers who lead them. The exercises also ensure that the personnel of the armed forces remain focused and in perfect physical and mental condition to accomplish any task they may be called upon to perform.
Similarly Saum (Fasting) is a training programme for all able bodied to cultivate discipline, good manners and develop steadfastness, courage and endurance in themselves to bear hardship and labour under various conditions. In short, to develop ones personality through self control. For it is said that: "He that is slow to anger is better than the mighty; and he that rules his heart is better than he that takes a city". It is also said that: "He that has conquered his Self, has conquered the world". The objective of this training is to gel an individual, a potential world conqueror into an effective member of a unit, a team (and what a team that would make, where every member was a potential World conqueror).. In short, one Ummah in preparation for establishing one nation under one God. These are the high ideals and purpose of the month of fasting (Ramdhan). This is the pillar on which rests the building of Islam. It is not simply abstaining from food and drink and other material indulgences to get near God.
Hajj: It goes without saying that Allah's authority and sovereignty is not limited by national boundaries.
Allah's sovereignty reins over the whole world and mankind. The Quran has stated that: "mankind is one community." (Al-Quran 2:213) and the Holy Messenger(PBUH) has been addressed as: "O Rasool! The ultimate objective of your mission is to eliminate differences amongst human beings and make them one Ummah as they were at the beginning of human history. But they created differences and were split." (Al-Quran 10:19) Allah's laws are implemented through the Holy Quran. However the Islamic state that implements these laws requires a centre to operate and disseminate Gods laws from. The first house of Allah on earth was built by Abraham and his son, Ismail at Kabbah in the city of Makkah and Allah has called this "The first house which was built undoubtedly (as a centre) for entire mankind." (Al-Quran 3:95) And it was here that the representatives of the Ummah were to gather to receive guidance and instructions on what to do.
It was from here that the guidance and laws of Allah for mankind were to be disseminated, and it is these laws emanating from Kabbah that mankind was supposed to "Revolve Around" (Twaaf) i.e. obey with single minded determination regardless of where they lived on earth. "Revolving around the laws" emanating from Kabbah would have led us all to our objective i.e. one Ummah living in peace, harmony and tranquillity under the rule of Allah. Millions of revolutions around the stone and mortar structure neither have nor are ever likely to produce any tangible, substantive or measurable results.
I would politely ask the reader to remain focused on the objectives of the Islamic State which are to fulfil Allah's promise to Mankind as discussed earlier. Also keep in mind the sheer size of this organisation. The success of any organisation depends on effective and efficient communication and the positive and effective decision making process and then the ability to take prompt action on the decisions made. This is true of any organisation weather it is run by the UN, NASA, a multinational conglomerate or any large organisation. These organisations have a yearly meeting called an AGM-Annual General Meeting- three things happen at these AGM's!
1. All the staff and executives are reminded afresh of the aims and objectives of the organisation.
2. The heads of the different Departments give an account of how well or badly their respective departments have performed-what has hindered or aided their performance so that lessons could be learnt and good practises spread to other Departments. And out of all of this emerges the picture of how well the company has performed in the preceding year.
3. The targets for the following year and the plans to achieve these targets are formally adopted by the organisation and made known to all their members, so that work can begin in earnest to achieve the goals agreed at the AGM.
In case of an emergency arising when the organisation cannot wait for the AGM it can hold what is termed an EGM-Extra-ordinary General Meeting- to discuss the emergency, decide on the action required and then implement the decision. If we develop this concept a bit further, we can see that every nation has a government that sits at it's centre (Capital city). In order to ensure that the rule of the government is enforced throughout the country, the central government devolves its powers to what is termed local governments or provincial governments. Each year the local governments report back to the central government and may present plans they may have for projects to improve the local area or improve the quality of life in their respective areas. The central government after discussions and taking the overall picture of the nation into account then either accede to or modify some of these requests and authorise and allocate funds for them. The representatives of the local governments with the funds in the bank return to their respective areas to put the plans into action.
This is precisely the purpose of Hajj which means "Conference" in Arabic. The city of Makkah has been chosen as the Capital city of the Islamic State that was to rule over the whole world. And Kabbah was to be the Seat of Government of this State. For Allah has called this: "The first house which was built undoubtedly (as a centre) for entire mankind." (Al-Quran 3:95)
It is the job of any good Government to pass and then enforce such Laws that help to nurture and develop a society whose members live in peace, security and contentment, In the Islamic State, under the rule of Allah and Allah alone this job is perfected. Now let us consider the purpose of Hajj which, as has already been stated, means "Conference" in Arabic.
This is the time prescribed for representatives of the Ummah from all over the World to gather at the place of the central government of Islam in Makkah and present their cases and make known the needs of their respective people. It is from here that the needs of the Ummah are then fulfilled by the central government of Islam. Hajj therefore ensures:
1. The central Government at Kabbah is kept in touch with the needs of the people living in far away lands and ensures that all possible aid and assistance is provided to them promptly.
2. The needs of every human being are met so that the Islamic State can discharge its responsibility, which is to honour Allah's promise to Mankind.
(Have you noticed the subtle difference in the Islamic Quranic State where the sovereign is Allah. The purpose of this State is to ensure that not a single individual of entire Mankind is deprived of his basic needs, where as the purpose of the "multitude of So Called Islamic States of the present world"- this has to be a contradiction in terms- is to ensure that no-one escapes the grip of the draconian laws that they have enacted) This is the whole essence of Hajj, an AGM of the entire Mankind.
Ummrah: In case of an emergency arising anywhere in the world, that requires an urgent decision and action from the central Government and can not wait for Hajj, the state can organise an extra-ordinary general meeting (EGM), a special or emergency meeting. This is called Ummrah. (It is surprising that some how, only the concept of the Ummrah being able to be held at any time has been retained by the Muslims of today where as, all other concepts have either been lost or adulterated.)
As stated earlier dear reader, Islam is not a religion created by man's imagination, steeped in dogma and pathetic, pointless and meaningless rituals and traditions. Islam is a practical and a comprehensive system of life, covering all aspects of human life. It is a pragmatic system of cause and effect. You will have noticed that the concepts of the pillars presented here, individually lead to a definitive and tangible objective. And collectively lead to the objective of helping to bind mankind into one community living in peace and security. So that man can create Jannah here on earth.
But we have turned this Precious Gold into Worthless Dust. For centuries we have been following the wrong interpretation of these "Pillars" on which rests the whole building of Islam and consequently find ourselves living in Jahannum (Hell) of our own making. The people Allah created for the leadership of this world are standing in a queue. of beggars. What a sad, sorry and lamentable sight it is. O' Muslims, wake up and take heed of what Allah has said in the Quran "If you fail to follow the path I have revealed to you I will replace you with people who will follow the path. Ignominy, shame and humiliation will then be your just reward." (Al-Quran 11: 57, 47:38, 70:44) (Some may say that perhaps, we have already reached that point of no return.)
Conclusion: For goodness sakes, how long? How long will we continue to follow the paths that have lead us collectively to absolutely nowhere. Except to immobility, stagnation, divisions, fragmentation, fighting amongst ourselves and to the absolute ruin of generations of the people that Allah created to lead Mankind to the promised land.
For God sakes, it is about time, that Muslims took stock of their lot and realised that, there is no such thing as they. For they never change. It is we who will have to change. As the Hakeem-e-ummat Dr. Sir Allama Iqbal has said:" O! Mussalmaan if you desire to live your life as a Momin, you have no choice except to make the Qur'an your guiding light". We will have to cleanse our minds of the Religion (Mazhab) of Islam and return to the Deen-ul-Haq. We will have to follow the revelation given unto us by our Rabb, and follow not as friends and protectors other than Him (Al-Qur'an 7:3). We will therefore, have to disregard all other books written by men and seek guidance only from the Book sent down to us in truth, that we may establish the rule between men, as guided by Allah (Al-Qur'an 4:105).
We will have to demand from our respective States that they fulfil the promise that Allah has made to us. Or as Allah has said, they lose the right to our obedience. We will have to demand what is rightfully ours, the benefits of the system of Rabubiyyat (nourishment and development) which are manifest when the Salat and Zakat is established. Dear friends, the responsibility is ours. May Allah grant us the wisdom, courage and the strength to claim that, which is ours by right.
The Basis of Legislation in an Islamic State
by G. A. Parwez
INTRODUCTORY
Wherever he be, man likes to act as he pleases and have full freedom of action. Were he by himself, he could do so with equanimity. In society, however, individual freedom has to be circumscribed to avoid conflict with the freedom of action of others. Individuals have, therefore, to abide by certain voluntarily accepted restrictions, the formulation of which pertains to the sphere of legislative action.
Two questions arise at once, namely,
· Who should formulate these restrictions ? and
· Whether the restrictions once formulated will apply for all time to come, or they will be susceptible to change from age to age?
The first question falls within the domain of
"Constitution making" and is outside the scope of the present discussion. We are here concerned with the second question of law-making in a Constitutional State.
The foremost essential which a people must determine and define in law-making is the concept of life. As is the concept of life of a people so will be its law. Broadly speaking. two concepts of life, which have come down to us through history, are prevalent today, and have a direct bearing on the point under discussion.
One concept sees man only as a physical body, endowed somehow with consciousness, living according to certain chemico-physico-biological laws and then dying under the operation of these very laws. With his physical death man, like other animals, ceases to exist. This concept is known as the materialistic concept of life.
Laws or rules of conduct framed under this concept of life are based on expediency and admit of no permanent or unchangeable values. Changes, abrogation’s, or amendments in the laws are also governed exclusively by expediency. Governmental machinery set up by people subscribing to the materialistic concept of life is called the "Secular" form of government, whether its pattern is democratic or dictatorial.
There is another concept of life which is propounded by the Holy Quran. Man, according to the Quranic concept, is a combination of a physical body, which is changing, changeable and liable to death, and a Personality which does not change, but develops and is capable of self-integration and becoming immortal. The aim of life, according to the Holy Quran, is the development of Personality. Human Personality is not static but is potentially capable of developing and expanding. Its development can, however, take place only in a social order called the Islamic State. The Islamic State provides the ways and means for the proper development and progress both of Body and Personality. Since man is according to this concept of life, an integrated composition of permanence and change, laws governing the social order wherein his development takes place, should also be a combination of permanence and change. This point has been elaborated beautifully by Iqbal in his sixth lecture in the series on the Reconstruction of Religious Thought in Islam. He says:
"The ultimate spiritual basis of all life, as conceived by Islam, is eternal and reveals itself in variety and change. A society based on such a conception of Reality must reconcile, in its life, the categories of permanence and change. It must possess eternal principles to regulate its collective life; for the eternal gives us a foothold in the world of perpetual change. But eternal principles when they are understood to exclude all possibilities of change, which, according to the Quran, is one of the greatest "signs" of God, tend to immobilise what is essentially mobile in its nature".
Man has been endowed with "Intellect" which gives him superiority to other animals. Human intellect functions, however, within the limits of Time and Space and is, consequently, capable of handling only that aspect of man's life which is subject to "change", i.e. the physical aspect of human life. It cannot peep over the boundaries of "change" into the supra-physical, or the realm of "permanence' to which human Personality belongs. In that realm, things reveal themselves to human intellect (to Messengers of God) and are not discovered by it. Revelation is Divine, and Divine Guidance alone provides permanent values or unalterable fundamental principles, otherwise known as "Divine Precepts," or the "way or Practice or Allah". Law or rules devised by human intellect need change with the change in time and space; but permanent values admit of no such change. In the words of the Holy Quran, "There is no changing in the Words of Allah" (10/64) and "you will find no change in the way of Allah" (33/62)
Body and Personality cannot, however, be divided into two mutually exclusive compartments, nor also can the laws pertaining to the realms of permanence and change. A combination of permanence and change. A combination of "permanence and change" can be achieved if in framing laws, human intellect keeps itself within the boundaries of eternal values revealed by God. The laws so framed will be applicable to man as a whole and satisfy the requirement of both Personality and the physical body of man.
THE PRINCIPLE OF DIVINE GUIDANCE.
Man has been the recipient of the Divine Guidance ever since he began living a corporate life. In earliest stages the guidance concerned itself not only with permanent values but also with matters which could be determined by human intellect alone. For instance, about Noah the Holy Quran says. "Then we guided him, saying: Make the ship under our supervision and Guidance". (23/27). This shows that in the age when Noah lived man depended on Revelation for learning processes like those of boat-making. As human intellect began to grow in maturity, the need for the Divine Guidance in respect of the changeable details diminished. The divine Guidance in its final and complete form has now been preserved for all time to come in the Holy Quran. It has been made clear that henceforth the subsidiary laws will be devised by men by mutual consultation among themselves in the light of the given permanent values. Rasoolullah (PBUH) was directed, "to consult the people in the conduct of affairs" (3/159) and after him the believers were also to determine their affairs by mutual consultation (42/38)
This brings out clearly the co-mingling of permanence with change in life and stresses the need for rules of conduct providing both for its permanent aspect as well as for its changeable subsidiary aspect. The basic problem in the matter of legislation in an Islamic State is the demarcation of the sphere of permanent provisions as distinct from the sphere of provisions liable to change according to changes in requirements. Before stating the Quranic position as I understand it, I feel I should explain briefly the views which various schools of thought in Pakistan hold.
One view is that all the laws that an Islamic State requires are already laid down in the corpus of Islamic "Fiqh" which is permanent and unalterable. It is, therefore, unnecessary to embark upon fresh legislation. When ever a fresh situation arises, all that the State has to do is to ascertain from the "Ulema-e-Fiqh" the conclusions already reached on the point at issue and then to enforce it. A representative of this school of thought offered this very view before the Punjab Disturbances Enquiry Commission, whose report (P.211) on the point reads as follow:-
"Since Islam is a perfect religion containing laws, express or derivable by Ijma or Ijtihad, governing the whole field of human activity, there is in it no sanction for what may, in the modern sense, be called legislation. Questioned on this point, Maulana Abul Hasanat, President, Jami'at- ul-Ulema-i-Pakistan, says:-
Q. Is the institution of legislature as distinguished from the institution of a person or body of persons entrusted with the interpretation of law, an integral part of an Islamic State?
A. No. Our law is complete and merely requires interpretation by those who are experts in it. According to my belief, no question can arise the law relating to which cannot be discovered from the Quran or the Hadith.
Q. Who were Sahib-ul-hall-i-wal-aqd? Who were Sahib-ul-hall-i-wal-aqd?
A. They were the distinguished Ulema of the time. These persons attained their status by reason of the knowledge of the law. They were not in any way analogous or similar to the legislature in modern democracy. They were the distinguished Ulema of the time. These persons attained their status by reason of the knowledge of the law. They were not in any way analogous or similar to the legislature in modern democracy.
"The same view was expressed by Amir-i-Shari'at, Sayyed Ata Ullah Shah Bukhari, in one of his speeches reported in the ‘Azad’ of 22nd April, 1947, in the course of which he said that our din is complete and perfect and that it amounts to Kufr to make more laws".
This view is, however, not shared by all those who belong to the "Fiqh" school of thought, and an exponent has characterised it as "soulless religiosity" whereby "the Islamic jurisprudence has been reduced to a fossilised mass of 'Shastras'. For centuries the door of Ijtihad has been securely shut, with the result that Islam, instead of being a live movement, has been relegated to the limbo of a movement in ancient history only".
In regard to Ijtihad, his criticism is that "however erudite a mujtahid may be, he cannot transcend the time-spatial limitations, nor can he have the breadth of vision encompassing the broad canvas of all time and experience. Therefore, his Ijtihad cannot hold good for all ages and circumstances" (Abul Ala Maudoodi).
Iqbal has also commented at length in his sixth Lecture already referred to, on the view that "Fiqh" is unchangeable. Says he: "The theoretical possibility of this degree of Ijtihad is admitted by the Sunnis, but in practice it has always been denied ever since the establishment of the schools, inasmuch as the idea of complete Ijtihad is hedged round by conditions which are well-high impossible of realisation in a single individual. Such an attitude seems exceedingly strange in a system of law based mainly on the ground work provided by the Quran which embodies an essentially dynamic outlook on life".
He goes on to say: "Turning now to the ground work of legal principles in the Quran, it is perfectly clear that far from leaving no scope for human thought and legislative activity the intensive breadth of these principles virtually acts as an awakened of human thought. Our early doctors of law taking their clue mainly from this ground work evolved a number of legal systems: and the student of Muhammadan history knows very well that nearly half the triumphs of Islam as a social and political power were due to the legal acuteness of these doctors. `Next to the Roman', says Von Kremer, `there is no other nation besides the Arabs which could call its own a system of law so carefully worked out'. But with all their comprehensiveness, these systems are after all individual interpretations, and as such cannot claim any finality.
I know the Ulema of Islam claim finality for the popular schools of Muhammadan Law, though they never found it possible to deny the theoretical possibility of a complete Ijtihad. I have tried to explain the causes which in my opinion, determined this attitude of the Ulema: But since things have changed and the world of Islam is today confronted and affected by new forces set free by the extraordinary development of human thought in all its directions, I see no reason why this attitude should be maintained any longer. Did the founders of our schools ever claim finality for their reasoning and interpretations? Never. The claim of the present generation of Muslim liberals to reinterpret the foundational legal principles, in the light of their own experience and altered conditions of modern life is, in my opinion, perfectly justified. The teaching of the Quran that life is a process of progressive creation necessitates that each generation, guided but unhampered by the work of its predecessors, should be permitted to solve its own problems".
TRADITIONALISTS
As against "Ahl-e-Fiqh", there is another school of thought, commonly called the Traditionalists (Ahl-el-Hadith). They maintain that it is not "Fiqh" but the sayings of Rasoolullah (PBUH) which should be enforced as they are, since they contain fundamental and unchangeable law. The school holds that "after due scrutiny Hadith occupies the same position and authority as the Holy Quran does, and a denial of Hadith would affect one's faith and honesty in the same manner as the denial of the Holy Quran itself will do. Notwithstanding differences in interpretation, the Holy Quran is the Word of Allah and an undisputed authority in Shara (Law). Likewise, Hadith, even though it is open to scrutiny, is Revelation from Allah and, next to the Holy Quran, of like authority in religion". (Muhammad Ism’ail Al-Salafi).
The above excerpt acknowledges that the authority ascribed to Hadith is secondary to that of the Holy Quran, but what follows will show that the acceptances of the postulate is in principle only, since in practical application of the principle and in making deductions therefrom, it is held: in our view Hadith is revealed and whatever it says was conveyed to Rasoolullah (PBUH) in the same way as was the Holy Quran......the angel Gabriel came with the Holy Quran as well as the Sunnah and conveyed Sunnah to Rasoolullah(PBUH) in the manner he conveyed to him the Holy Quran. We do not approve of discrimination in Revelations and hold both the Holy Quran and Sunnah as concurrent authority" (Ibid).
In regard to the two anthologies of Hadith, namely Bukhari and Muslim, the school holds that:-
"By consensus of opinion, Muslims acknowledge that the agreed Ahadith in the two anthologies are valid and that their veracity is absolute". (Ibid).
This view also is not shared by all those who consider Hadith as the basis of Shari’at Law, as would appear from the following comment:-
"Ahadith have come down through a chain of narrators, one person passing the information verbally to another. In its very nature the process can at best be viewed as conveying probability and not certainty. It is unthinkable that Allah would leave believers in the matter of faith in a position in which they should determine their course of action on the basis of material passed on by word of mouth". (Maudoodi)
He goes on to say:-
"The material may be useful as a help in ascertaining the practice of Rasoolullah(PBUH) and the doings of his Companions (God may be pleased with them) but it is not a thing which could claim complete reliance".
Further on he says:-
"The claim that the text of all the Ahadith in Bukhari should be accepted as correct without critical appreciation is untenable".
He adds:-
"Regarding Mandatory Laws, the Holy Quran generally mentions the basic principles only and in most matters leaves out the details. Rasoolullah (PBUH) applied the Quranic Laws to the practical affairs of life and provided the requisite details both by word and deed. Some of these details are too definite to admit of fresh interpretation and they must be accepted as they are, as for instance the commands pertaining to worship (Ibadat). There are other details the principles underlying which help in making further deductions, e.g. Civil Laws of the time of Rasoolullah (PBUH)".
In accordance with the above excerpt, the doctrine propounded by the Traditionalist school of thought concedes to the present generation the right to determine subsidiary Civil Laws by Ijtihad in accordance with the principles deducible from the Civil Laws promulgated by Rasoolullah (PBUH).
To quote their own words:-
"It is an incontrovertible truth that for the observance of his directions the law-giver has, with infinite wisdom and knowledge, laid down mostly such conditions as would achieve the purpose in view in all times, all places and all circumstances. In spite of this there are numerous details in which changed circumstances demand corresponding changes. It is not necessary that conditions in every age and country should be what they were in Arabia and the Muslim world during the time of Rasoolullah(PBUH) and his Companions.
Therefore, the enforcement, in all ages and in all situations, of the particular forms of observance of Islamic injunctions exactly as they were at their inception, that is, without modification, will be a sort of conventionalism which is completely alien to the spirit of Islam. It will be incorrect, therefore to follow strictly the very words of the original text without weighing them in the present context, much less their deductions or inferences. The rational method of tackling a problem is that one should keep before the mind's eye the aim of the law-giver and affect changes to accord with changes in circumstances with due regard to his practice and the principles of his jurisprudence (Ibid).
The position advocated in the preceding extract is not an innovation. Imam Abu Hanifa and Shah Waliullah Muhaddith of Delhi held the same view. In the words of Iqbal:-
"For our present purposes, however, we must distinguish traditions of a purely legal import from those which are of a non legal character. With regard to the former, there arises a very important question as to how far they embody the pre-Islamic usage’s of Arabia which were in some cases left intact, and in others modified by the Prophet(PBUH). It is difficult to make this discovery, for our early writers do not always refer to pre-Islamic usage’s. Nor is it possible to discover that the usage’s, left intact by express or tacit approval of the Prophet (PBUH), were intended to be universal in their application. Shah Wali Ullah has a very illuminating discussion on the point. I reproduce here the substance of his view.
The prophetic method of teaching, according to Shah Wali Ullah, is that, generally speaking, the law revealed by a prophet takes especial notice of the habits, ways, and peculiarities of the people to whom he is specifically sent. The prophet who aims at all-embracing principles, however, can neither reveal different principles for different peoples, nor leaves them to work out their own rules of conduct. His method is to train one particular people, and to use them as a nucleus for the building up of a universal Shari'at. In doing so he accentuates the principles underlying the social life of all mankind, and applies them to concrete cases in the light of the specific habits of the people immediately before him. The Shari'at values (Ahkam) resulting from this application (e.g. rules relating to penalties for crimes) are in a sense specific to that people; and since their observance is not an end in itself they cannot be strictly enforced in the case of future generations. It was perhaps in view of this that Abu Hanifa, who had a keen insight into the universal character of Islam, made practically no use of these traditions. The fact that he introduced the principle of Istihsan, i.e. juristic preference, which necessitates a careful study of actual conditions in legal thinking, throws further light on the motives which determined his attitude towards this source of Muhammadan Law.
It is said that Abu Hanifa made no use of traditions because there were no regular collections in his days. In the first place, it is not true to say that there were no collections in his days, as the collections of Abdul Malik and Zuhri were made no less than thirty years before the death of Abu Hanifa. But even if we suppose that these collections never reached him, or that they did not contain traditions of a legal import, Abu Hanifa, like Malik and Ahmed Ibn-e-Hambal after him, could have easily made his own collection if he had deemed such a thing necessary. On the whole, then, the attitude of Abu Hanifa towards the traditions of a purely legal import is to my mind perfectly sound; and if modern Liberalism considers it safer not to make any indiscriminate use of them as a source of law, it will be only following one of the greatest exponents of Muhammadan Law in Sunni Islam".
The foregoing will shoe that while there is a school of thought in Pakistan which holds that whatever has come down to us in the name of Fiqh or the Traditions, is unalterable and should be enforced as such, there is another school of thought also which considers that for meeting the requirements of the present time, we can formulate our own laws in the light of the permanent and the unalterable principles given by the Quran.
QURANIC ARGUMENTS
This view is supported abundantly by the Holy Quran. The Quranic arguments may be summarised below:-
1. In Islam obedience is essentially and basically due only to the Laws of Allah as embodied in the Holy Quran. "Shall I (Rasoolullah, PBUH) look for a judge other than Allah. He who has revealed to you a book defining things clearly"? (6/115).
2. He who does not adjudicate in accordance with the Holy Quran is not a Muslim (5/44).
3. Obedience to Divine Laws is not a thing belonging to the individual plane in the sense that one might, of his own, consult the Holy Quran, interpret it for himself and act according to his individual interpretation. The obedience has to be disciplined and ordered under an organised system (called State in the present day terminology) controlled by a central authority, the first central authority having been Allah's Rasool. Obedience to the central authority is obedience to Allah. Says the Holy Quran: "One who obeys the Rasool obeys Allah" (4/80), the Rasool adjudging everything according to the Holy Book (5/48).
4. Barring a few exceptions, the Holy Quran enunciates generally fundamental principles without touching subsidiary law. About these principles or the basic provisions, the Holy Quran says: "The Kalema (basic principle) revealed by the Nourisher has been made complete in truth and justice. There is none who can change His principles (6/116).
5. The reason for leaving out subsidiary laws from the Holy Quran has been explained thus: "Ask not for things which if revealed would inconvenience you, and if you ask for them while the Quran is being revealed, they will be disclosed to you....Before you a people (the Israelites) did ask for them and then disbelieved (and defied) them". (5/101-2). In elucidation of the above verses, a Hadith is cited which says: "Allah has placed on you certain obligations, do not violate them. Some things have been forbidden, do not go near them. Some limitations have been imposed, do not transgress them. Some things have been left unspoken of without being overlooked, do not probe into them".
6. The question as to how details, which have deliberately been left undetermined in the Holy Quran, will be formulated in the light of the Quranic principles, is answered by the direction given in the Holy Quran to Rasoolullah (PBUH) to "consult them (the believers) in the affairs (of the Society)" (3/158).
There are numerous instances recorded in Traditions showing how Rasoolullah (PBUH) consulted his Companions in the day-today affairs. This process of consultation was not confined to any particular sphere but covered all matters in which details were not given in the Holy Quran. For instance the Holy Quran mentions the "Call for Salaat-ul-jum'a" (62/9), but does not prescribe the manner for making the call. The way this was decided upon has been recorded in Mishkat, as follows, in the chapter on Azaan:-
"Abdulleh b. Zaid b. Abd Rabb states that when Rasoolullah (PBUH) gave the orders for blowing the conch for calling the faithful to Sal’at I saw a man in a dream who had a conch in his hand. In my dream I enquired from this man whether he would sell the conch. He asked me what I would do with the conch. I answered that we would use it for calling people to Sal’at. He said, may I not tell you something which is even better? On my replying in the affirmative, he asked me to repeat Allah-o-Akbar, Allah-o-Akbar etc. and likewise he taught me Takbir. With the dawning of the morn I hastened to Rasoolullah (PBUH) and narrated my dream. Rasoolullah (PBUH) said, `Verily this dream is true and indicative of Divine'. There upon he ordered me to stand along-side Bilal and repeat to him what I had been told in my dream so that he (Bilal) may make the call(Azaan) since he is `loud-throated'. I did as commanded and Bilal called the Azaan. Abdullah further states that when Umar b. Khattab heard the Azaan at his place, he hurried out, dragging his covering, and said to Rasoolullah I swear by Him who has sent you with Truth, that I also have seen a dream similar to that of Abdullah'. Rasoolullah thereupon said, ` All praise is for Allah'. (Abu Dawud, Darmi, Ibn-e-Maja).
7. While he lived, Rasoolullah determined subsidiary laws in consultation with the Ummat. The question is as to what was to be done after his demise. The Holy Quran answers the question by saying, "Muhammad is but a Rasool. there have been several Rasool before him. Will you turn back on your heels if he dies or is slain?" (3/143). It follows that the process of framing laws within the frame-work of the Quranic principles was not to discontinue after the death of Rasoolullah but was to go on as before. Therefore, after his demise, the first thing the Companions did was to elect a Successor so that he could carry on the process of determining subsidiary laws and enforcing Divine Principles as did Rasoolullah himself. "One who obeys the Rasool obeys Allah" now took the form of "One who obeys the Rasool's successor obeys Allah". Rasoolullah himself is reported to have said: "You have to follow my practice and the practice of my mature and rightly guided Successors", (Mishkat chapter on adherence to Book and Sunnah). The Holy Quran directed Rasoolullah to "consult the believers in determining the affairs of the people" (3/158); it guided his successors by saying "and they determine their affairs by mutual consultation" (42/38). "Mutual consultation" within the ambit of the eternal and inviolable Laws given in the Holy Quran is the "way of the believers" (4/115) which should never be given up.
8. There is material available in the record of traditions of Rasoolullah and the doings of his Companions to show how subsidiary laws were formulated under the Khilafat-e-Rashida. The procedure followed was:
a) Where subsidiary law had not already been framed it was formulated by mutual consultation. For example no punishment was prescribed for drunkenness in the time of Rasoolullah. Hazrat Abu Bakr prescribed for it forty stripes, which Hazrat Umar later increased to eighty.
b) If a subsidiary law once enacted needed no amendment or change it was retained intact, just as any constitutional government would continue to enforce the laws of its predecessors until the need for a change arose.
c) Subsidiary enactment’s, which needed amendment in consequence of a change in circumstances, were duly modified. Since they were not prescribed initially by Revelation, it was not necessary that they should undergo changes through Revelation. Here are a few instances:
i) Rasoolullah had fixed the amount of ransom for prisoners of war at one Deenar per head. Hazrat Umar fixed different amounts for different parts of the State.
ii) Rasoolullah (PBUH) did not prescribe rates of Zak’at for different varieties of produce of land. Hazrat Umar did so.
iii) For Taleef-i-Quloob, Rasoolullah used to give financial assistance from the State Exchequer. Hazrat Umar discontinued the practice.
iv) Rasoolullah distributed among the fighters the land acquired in certain conquered areas. Hazrat Umar abrogated this system.
v) Rasoolullah allowed maintenance allowance at uniform rate. Hazrat Abu Bakr continued the practice. But Hazrat Umar re-fixed the rates in proportion to the services rendered by recipients.
vi) Rasoolullah did not realise Zak’at on tradable horses and the produce of the sea. Hazrat Umar did it.
vii) Hazrat Umar decided that the scheduled punishment for offences should be made light for belligerents and that the punishment of manusection for theft should not be inflicted on the famine-stricken.
Instances of this kind can be multiplied if those measures are taken into account which Hazrat Umar introduced initially. Their number, according to historians, ranges between forty and fifty. This number, however, is not the issue. The real issue is that the rightly guided Successors of Rasoolullah accepted and worked according to the principle that the decisions taken during the time of Rasoolullah could be modified, if the changed circumstances so demanded. They extended the principle to the decisions taken among themselves, and a Successor felt no hesitation in amending the decisions of his predecessor.
IMAM ABU HANIFA
The verses of the Holy Quran coupled with the evidence provided by traditions and history, reproduced above, support fully the view that it is the fundamental law of the holy Quran which is unchangeable. In the case of subsidiary laws formulated under it, the Islamic state constituted on the pattern of that of Rasoolullah, can affect changes to suit its current requirements. In the excerpt from his Lectures noted above, Iqbal has pointedly mentioned Imam Abu Hanifa and Shah Waliullah, Muhaddith of Delhi, who also supported the above view. In volume 13, page 390, of his book on history, Khatib Baghdadi states on the strength of Yusuf b. Isbat that Abu Hanifa used to say that "had I been a contemporary of Rasoolullah, I am sanguine that he would have adopted many of my views, since Din (Allah's way of Life) is, after all, but another name for good and sound reasoning". The historian goes on to say that Abu Awana stated that "One day I was sitting by Abu Hanifa when the Sultan's messenger called on him and said that his master would like to know how the case of a man who has stolen a honey-comb should be adjudged. Abu Hanifa replied promptly `if the value of the honey-comb be ten dirhams sever his hand'. After the messenger had departed I said to Abu Hanifa: "Are you not afraid of Allah? It has been reported to me by Yahya b. Said through Muhammad b. Haban and Rafi b. Khudaij, that Rasoolullah had said that for the theft of trifles like fruit and flowers, there can be no manusection. Hasten to help the man lest his hand be severed". Abu Hanifa reiterated calmly that "the view then taken has since lost its force". The thief suffered manusection.
SHAH WALI ULLAH
This incident illustrates the position of Imam-e-Azam. In his book Hujat-ullah-il-Baligha, chapter on types of Revealed Knowledge, Shah Waliullah has quoted a saying of Rasoolullah: "I am a human being. What I tell you about DIN adopt it; when I express my personal opinion, then, I am but a human being". Shah Waliullah says that the matters to which Rasoolullah referred were those unconnected with the propagation of the revealed message, and adds that akin to this type of "matters" were those subsidiary directions which, though related to the Quranic principles, conformed directly to the conditions then prevailing and ceased to operate as and when those conditions changed. The Ummat was not bound to observe them as permanent injunctions. In the same category are included those decisions of Rasoolullah regarding home and social economics, politics, etc., which were couched in general terms and omitted to specify practical details.
In elucidating Shah Sahib's view, Maulana Ubaidullah Sindhi, who is acknowledged as an authority on Waliullah, wrote as follows:-
"It should be understood that the enforcement of the basic law is preceded by the formulation of introductory subsidiary laws bearing directly on the prevailing conditions of the people concerned.
The basic law is unchangeable but introductory laws change with the change in attending circumstances. The introductory laws which Rasoolullah and his three immediate Successors formulated in consultation with the Central Council of advisers , are termed "Sunnah". The system whereby decisions were reached by consultation broke down, however, after Hazrat Othman. The "Sunnah" embraces, according to the Hanafi School of thought, the practice of both Rasoolullah and his rightly guided Successors, a view to which we also subscribe. But the practice of "Sunnah," which the current terminology will call Bye-Laws, must follow the Holy Quran. The basic law, is unchangeable; bye-laws change with the changing circumstances. The old bye-laws undergo changes to suit present requirements and new ones have to be deduced to satisfy fresh developments. This process is called Fiqh". (Al Furqan, Waliullah Number, page 264).
IQBAL
Discussing the Traditionalist and the Fiqh schools of thought, Iqbal observes in his Lectures on the Reconstruction of Religious Thought in Islam, (page 169): "But contrary to the spirit of his own school the modern Hanafi legist has eternalised the interpretations of the founder or his immediate followers much in the same way as the early critics of Abu Hanifa eternalised the decisions given on concrete cases".
My own position in this respect is that I subscribe to the views of the school of Imam Azam, Shah Waliullah, Maulana Sindhi and Iqbal, since their views are in accordance with the principles of Law-making in an Islamic State as enunciated by the Holy Quran.
OPPOSITION
Those who subscribe to views other than these are bound naturally to oppose these views. Iqbal anticipated this opposition and observed, on page 156 of his Lectures:
"And I have no doubt that a deeper study of the enormous legal literature of Islam is sure to rid the modern critic of the superficial opinion that the Law of Islam is stationary and incapable of development. Unfortunately, the conservative Muslim public of this country is not yet quite ready for a critical discussion of "Fiqh" which, if undertaken is likely to displease most people, and raise sectarian controversies; yet I venture to offer a few remarks on the point before us".
The opposition from the orthodox section is understandable. But the tragic part of it is that a difference of opinion is allowed to generate violence in expression and to condemn the opponent as an apostate. Even Imam-e-Azam was not spared. In Vol. XIII of his book on history Khatib Baghdadi gives following details:-
"Imam Malik b. Anas says that the peril of Abu Hanifa to the 'Ummah' is no less than that of Satan (Iblees) both with regard to his doctrine of revocability of divorce and the rejection of Ahadith. Abd-al-Rahman b. Mahdi says that the peril of Abu-Hanifa is more dangerous than the peril of Dajjal. Salman b. Hassan Halbi says that he has often heard Imam Auzai complain that Abu Hanifa has destroyed one by one all the wings of Islam. Fazari relates that both Sufian and Auzai say that a more inauspicious person than Abu Hanifa was never born in Islam. Imam Shafi calls him the worst among the despicable. Abu Ubaid says I was once sitting in the Jami Mosque of Rusafa with Aswad b. Salam. In discussing something I mentioned the view of Abu Hanifa. Aswad reprimanded me severely for mentioning even the name of Abu-Hanifa in the mosque and for this lapse on my part he was so annoyed with me that he never spoke to me thereafter till his death'".
Similar intolerance in opposing views continues unfortunately to plague our society to this day.
WHAT SHOULD BE DONE NOW?
Let us return to our main theme. Historically, the position during Khilafat-Rashida was that whenever a change in circumstances needed a change in subsidiary laws the change was affected by mutual consultation. Had the institution of Khilafat on the pattern set by Rasoolullah continued, the process of legislation evolved by it would have continued to develop normally, making the law of Shari’at a happy blending of permanence and change. It is a pity that the processes came to a halt and with it ended the critical attitude with which subsidiary laws used to be formulated. It is true that for a time the various schools of Fiqh carried on the process, but theirs was an effort on the individual plane which very soon became rigid and fossilised. We need not go into the historical why and wherefore of the change, which Iqbal has already discussed at length in his Lectures. The all important question confronting us now is that since the Khilafat on the pattern of Rasoolullah has long ceased to exist, what lines an Islamic State should follow for legislation. The answer is fairly clear. Revive Khilafat on Rasoolullah's pattern and adopt the system which he and his associates had established. But, is such a revival possible? Some say, No, since personalities like Hazrat Abu Bakr and Hazrat Umar are no longer available to do the job. This No is cry of frustration and is based on a serious misconception.
If the cry were listened to, it would be tantamount to admitting that the Holy Quran offered a code of life for a particular period of history only. This would be preposterous. The Holy Book has been preserved so as to provide mankind with a code for practical living from age to age and from place to place. On the basis of the Quranic principles an organisation (Islamic State) was set up once. A similar organisation can be set up again now. The way to do it is this: The State should first take firm decision that it shall remodel the society on the basis of the inviolable principles preserved in the Holy Quran. Then it should take stock of the literature dealing with Islamic laws with a view to (a) adopting, in its original form, what would with due regard to the Quranic Principles, meet present requirements; (b) amending what needs a change; and (c) formulating new provisions to satisfy fresh situations, the whole thing being processed with the help of the representatives of the Ummat by mutual consultation. This is how an organisation based on the Quranic Fundamentals can be brought into being. But a change - over from the present to an ideal Islamic State cannot be brought about overnight. The organisation will, by stages, proceed towards its ultimate goal by the normal process of evolution, ridding itself of initial short comings at every step. This is the Sabil-ul-Momineen, the way of the Believers, which the Holy Quran has stressed. An important point to note is that until an Islamic State has been established, the Ummat should continue its present course without any change, since the right to introduce changes belongs to the social order (the Islamic State) and not to individuals whatever their mental development may be.
ITS IMPORTANCE
The foregoing explains the broad principles and the basic way for the exercise of legislative effort in an Islamic State, the way to which Iqbal referred in his Lectures. He indicated the way in 1928, but the question had already swayed his imagination so much that in a letter written long before he said: "My conviction is that whoever undertakes a critical appreciation of modern jurisprudence in the light of the Quran and establishes the inviolability of its principles, will be the arch revivalist (Mujadid) in Islam, and the greatest benefactor of humanity....It is a pity that the contemporary doctors of Islamic jurisprudence should be either completely ignorant of modern trends or else be steeped in rack orthodoxy.......It seems to me that Islam is, as it were, being tested at the moment on the touchstone of Time, a situation which perhaps never before arose in the history of Islam". (Iqbalnama-volume I, page,50).
Referring to what had happened in Turkey, Iqbal said in his Lectures (on page 154): "The question which confronts him (the Turk) to-day, and which is likely to confront other Muslim countries in the near future, is whether the law of Islam is capable of evolution, a question which will require great intellectual effort, and is sure to be answered in the affirmative; provided the world of Islam approaches it in the spirit of Omar, the first critical and independent mind in Islam who, at the last moments of the Prophet , had the moral courage to utter these remarkable words; "The Book of God is sufficient for us". He concludes his Lectures with these words (pages 170):-
"In view of the basic idea of Islam that there can be no further revelation binding on man we ought to be spiritually one of the most emancipated peoples on earth. Early Muslims emerging out of the spiritual slavery of pre-Islamic Asia were not in a position to realise the true significance of this basic idea. Let the Muslim of to-day appreciate his position, reconstruct his social life in the light of ultimate principles, and evolve, out of the hitherto partially revealed purpose of Islam, that spiritual democracy which is the ultimate aim of Islam".
If the Islamic world succeeds in re-establishing the Universal Democracy of Islam by recasting Islamic jurisprudence on the basis of the Quranic Fundamentals, the leadership of the world of political thought will be theirs. If, however, they fail in the discharge of this delicate but vital duty, the other nations will regard their failure as the failure of Islam and on the evidence of that failure would declare that Islam was successful only in a particular period of history but that thereafter it exhausted its dynamism and is no longer capable of keeping pace with the growing needs of the times. It should then be extremely painful for them to be adjudged guilty at the bar of humanity of a crime of such immense magnitude and severity.
CONCLUSION
It will follow from what has been said above that within the circumscribed limits of the permanent fundamental principles of the Holy Quran, the Islamic society is free to formulate its subsidiary laws in accordance with the need of times. While the subsidiary laws will be susceptible to change in accordance with the changing needs of times, the Quranic fundamentals shall remain unchangeable. This happy blending of permanence and change will enable the Millat to attain its ultimate destiny in life.
by G. A. Parwez
INTRODUCTORY
Wherever he be, man likes to act as he pleases and have full freedom of action. Were he by himself, he could do so with equanimity. In society, however, individual freedom has to be circumscribed to avoid conflict with the freedom of action of others. Individuals have, therefore, to abide by certain voluntarily accepted restrictions, the formulation of which pertains to the sphere of legislative action.
Two questions arise at once, namely,
· Who should formulate these restrictions ? and
· Whether the restrictions once formulated will apply for all time to come, or they will be susceptible to change from age to age?
The first question falls within the domain of
"Constitution making" and is outside the scope of the present discussion. We are here concerned with the second question of law-making in a Constitutional State.
The foremost essential which a people must determine and define in law-making is the concept of life. As is the concept of life of a people so will be its law. Broadly speaking. two concepts of life, which have come down to us through history, are prevalent today, and have a direct bearing on the point under discussion.
One concept sees man only as a physical body, endowed somehow with consciousness, living according to certain chemico-physico-biological laws and then dying under the operation of these very laws. With his physical death man, like other animals, ceases to exist. This concept is known as the materialistic concept of life.
Laws or rules of conduct framed under this concept of life are based on expediency and admit of no permanent or unchangeable values. Changes, abrogation’s, or amendments in the laws are also governed exclusively by expediency. Governmental machinery set up by people subscribing to the materialistic concept of life is called the "Secular" form of government, whether its pattern is democratic or dictatorial.
There is another concept of life which is propounded by the Holy Quran. Man, according to the Quranic concept, is a combination of a physical body, which is changing, changeable and liable to death, and a Personality which does not change, but develops and is capable of self-integration and becoming immortal. The aim of life, according to the Holy Quran, is the development of Personality. Human Personality is not static but is potentially capable of developing and expanding. Its development can, however, take place only in a social order called the Islamic State. The Islamic State provides the ways and means for the proper development and progress both of Body and Personality. Since man is according to this concept of life, an integrated composition of permanence and change, laws governing the social order wherein his development takes place, should also be a combination of permanence and change. This point has been elaborated beautifully by Iqbal in his sixth lecture in the series on the Reconstruction of Religious Thought in Islam. He says:
"The ultimate spiritual basis of all life, as conceived by Islam, is eternal and reveals itself in variety and change. A society based on such a conception of Reality must reconcile, in its life, the categories of permanence and change. It must possess eternal principles to regulate its collective life; for the eternal gives us a foothold in the world of perpetual change. But eternal principles when they are understood to exclude all possibilities of change, which, according to the Quran, is one of the greatest "signs" of God, tend to immobilise what is essentially mobile in its nature".
Man has been endowed with "Intellect" which gives him superiority to other animals. Human intellect functions, however, within the limits of Time and Space and is, consequently, capable of handling only that aspect of man's life which is subject to "change", i.e. the physical aspect of human life. It cannot peep over the boundaries of "change" into the supra-physical, or the realm of "permanence' to which human Personality belongs. In that realm, things reveal themselves to human intellect (to Messengers of God) and are not discovered by it. Revelation is Divine, and Divine Guidance alone provides permanent values or unalterable fundamental principles, otherwise known as "Divine Precepts," or the "way or Practice or Allah". Law or rules devised by human intellect need change with the change in time and space; but permanent values admit of no such change. In the words of the Holy Quran, "There is no changing in the Words of Allah" (10/64) and "you will find no change in the way of Allah" (33/62)
Body and Personality cannot, however, be divided into two mutually exclusive compartments, nor also can the laws pertaining to the realms of permanence and change. A combination of permanence and change. A combination of "permanence and change" can be achieved if in framing laws, human intellect keeps itself within the boundaries of eternal values revealed by God. The laws so framed will be applicable to man as a whole and satisfy the requirement of both Personality and the physical body of man.
THE PRINCIPLE OF DIVINE GUIDANCE.
Man has been the recipient of the Divine Guidance ever since he began living a corporate life. In earliest stages the guidance concerned itself not only with permanent values but also with matters which could be determined by human intellect alone. For instance, about Noah the Holy Quran says. "Then we guided him, saying: Make the ship under our supervision and Guidance". (23/27). This shows that in the age when Noah lived man depended on Revelation for learning processes like those of boat-making. As human intellect began to grow in maturity, the need for the Divine Guidance in respect of the changeable details diminished. The divine Guidance in its final and complete form has now been preserved for all time to come in the Holy Quran. It has been made clear that henceforth the subsidiary laws will be devised by men by mutual consultation among themselves in the light of the given permanent values. Rasoolullah (PBUH) was directed, "to consult the people in the conduct of affairs" (3/159) and after him the believers were also to determine their affairs by mutual consultation (42/38)
This brings out clearly the co-mingling of permanence with change in life and stresses the need for rules of conduct providing both for its permanent aspect as well as for its changeable subsidiary aspect. The basic problem in the matter of legislation in an Islamic State is the demarcation of the sphere of permanent provisions as distinct from the sphere of provisions liable to change according to changes in requirements. Before stating the Quranic position as I understand it, I feel I should explain briefly the views which various schools of thought in Pakistan hold.
One view is that all the laws that an Islamic State requires are already laid down in the corpus of Islamic "Fiqh" which is permanent and unalterable. It is, therefore, unnecessary to embark upon fresh legislation. When ever a fresh situation arises, all that the State has to do is to ascertain from the "Ulema-e-Fiqh" the conclusions already reached on the point at issue and then to enforce it. A representative of this school of thought offered this very view before the Punjab Disturbances Enquiry Commission, whose report (P.211) on the point reads as follow:-
"Since Islam is a perfect religion containing laws, express or derivable by Ijma or Ijtihad, governing the whole field of human activity, there is in it no sanction for what may, in the modern sense, be called legislation. Questioned on this point, Maulana Abul Hasanat, President, Jami'at- ul-Ulema-i-Pakistan, says:-
Q. Is the institution of legislature as distinguished from the institution of a person or body of persons entrusted with the interpretation of law, an integral part of an Islamic State?
A. No. Our law is complete and merely requires interpretation by those who are experts in it. According to my belief, no question can arise the law relating to which cannot be discovered from the Quran or the Hadith.
Q. Who were Sahib-ul-hall-i-wal-aqd? Who were Sahib-ul-hall-i-wal-aqd?
A. They were the distinguished Ulema of the time. These persons attained their status by reason of the knowledge of the law. They were not in any way analogous or similar to the legislature in modern democracy. They were the distinguished Ulema of the time. These persons attained their status by reason of the knowledge of the law. They were not in any way analogous or similar to the legislature in modern democracy.
"The same view was expressed by Amir-i-Shari'at, Sayyed Ata Ullah Shah Bukhari, in one of his speeches reported in the ‘Azad’ of 22nd April, 1947, in the course of which he said that our din is complete and perfect and that it amounts to Kufr to make more laws".
This view is, however, not shared by all those who belong to the "Fiqh" school of thought, and an exponent has characterised it as "soulless religiosity" whereby "the Islamic jurisprudence has been reduced to a fossilised mass of 'Shastras'. For centuries the door of Ijtihad has been securely shut, with the result that Islam, instead of being a live movement, has been relegated to the limbo of a movement in ancient history only".
In regard to Ijtihad, his criticism is that "however erudite a mujtahid may be, he cannot transcend the time-spatial limitations, nor can he have the breadth of vision encompassing the broad canvas of all time and experience. Therefore, his Ijtihad cannot hold good for all ages and circumstances" (Abul Ala Maudoodi).
Iqbal has also commented at length in his sixth Lecture already referred to, on the view that "Fiqh" is unchangeable. Says he: "The theoretical possibility of this degree of Ijtihad is admitted by the Sunnis, but in practice it has always been denied ever since the establishment of the schools, inasmuch as the idea of complete Ijtihad is hedged round by conditions which are well-high impossible of realisation in a single individual. Such an attitude seems exceedingly strange in a system of law based mainly on the ground work provided by the Quran which embodies an essentially dynamic outlook on life".
He goes on to say: "Turning now to the ground work of legal principles in the Quran, it is perfectly clear that far from leaving no scope for human thought and legislative activity the intensive breadth of these principles virtually acts as an awakened of human thought. Our early doctors of law taking their clue mainly from this ground work evolved a number of legal systems: and the student of Muhammadan history knows very well that nearly half the triumphs of Islam as a social and political power were due to the legal acuteness of these doctors. `Next to the Roman', says Von Kremer, `there is no other nation besides the Arabs which could call its own a system of law so carefully worked out'. But with all their comprehensiveness, these systems are after all individual interpretations, and as such cannot claim any finality.
I know the Ulema of Islam claim finality for the popular schools of Muhammadan Law, though they never found it possible to deny the theoretical possibility of a complete Ijtihad. I have tried to explain the causes which in my opinion, determined this attitude of the Ulema: But since things have changed and the world of Islam is today confronted and affected by new forces set free by the extraordinary development of human thought in all its directions, I see no reason why this attitude should be maintained any longer. Did the founders of our schools ever claim finality for their reasoning and interpretations? Never. The claim of the present generation of Muslim liberals to reinterpret the foundational legal principles, in the light of their own experience and altered conditions of modern life is, in my opinion, perfectly justified. The teaching of the Quran that life is a process of progressive creation necessitates that each generation, guided but unhampered by the work of its predecessors, should be permitted to solve its own problems".
TRADITIONALISTS
As against "Ahl-e-Fiqh", there is another school of thought, commonly called the Traditionalists (Ahl-el-Hadith). They maintain that it is not "Fiqh" but the sayings of Rasoolullah (PBUH) which should be enforced as they are, since they contain fundamental and unchangeable law. The school holds that "after due scrutiny Hadith occupies the same position and authority as the Holy Quran does, and a denial of Hadith would affect one's faith and honesty in the same manner as the denial of the Holy Quran itself will do. Notwithstanding differences in interpretation, the Holy Quran is the Word of Allah and an undisputed authority in Shara (Law). Likewise, Hadith, even though it is open to scrutiny, is Revelation from Allah and, next to the Holy Quran, of like authority in religion". (Muhammad Ism’ail Al-Salafi).
The above excerpt acknowledges that the authority ascribed to Hadith is secondary to that of the Holy Quran, but what follows will show that the acceptances of the postulate is in principle only, since in practical application of the principle and in making deductions therefrom, it is held: in our view Hadith is revealed and whatever it says was conveyed to Rasoolullah (PBUH) in the same way as was the Holy Quran......the angel Gabriel came with the Holy Quran as well as the Sunnah and conveyed Sunnah to Rasoolullah(PBUH) in the manner he conveyed to him the Holy Quran. We do not approve of discrimination in Revelations and hold both the Holy Quran and Sunnah as concurrent authority" (Ibid).
In regard to the two anthologies of Hadith, namely Bukhari and Muslim, the school holds that:-
"By consensus of opinion, Muslims acknowledge that the agreed Ahadith in the two anthologies are valid and that their veracity is absolute". (Ibid).
This view also is not shared by all those who consider Hadith as the basis of Shari’at Law, as would appear from the following comment:-
"Ahadith have come down through a chain of narrators, one person passing the information verbally to another. In its very nature the process can at best be viewed as conveying probability and not certainty. It is unthinkable that Allah would leave believers in the matter of faith in a position in which they should determine their course of action on the basis of material passed on by word of mouth". (Maudoodi)
He goes on to say:-
"The material may be useful as a help in ascertaining the practice of Rasoolullah(PBUH) and the doings of his Companions (God may be pleased with them) but it is not a thing which could claim complete reliance".
Further on he says:-
"The claim that the text of all the Ahadith in Bukhari should be accepted as correct without critical appreciation is untenable".
He adds:-
"Regarding Mandatory Laws, the Holy Quran generally mentions the basic principles only and in most matters leaves out the details. Rasoolullah (PBUH) applied the Quranic Laws to the practical affairs of life and provided the requisite details both by word and deed. Some of these details are too definite to admit of fresh interpretation and they must be accepted as they are, as for instance the commands pertaining to worship (Ibadat). There are other details the principles underlying which help in making further deductions, e.g. Civil Laws of the time of Rasoolullah (PBUH)".
In accordance with the above excerpt, the doctrine propounded by the Traditionalist school of thought concedes to the present generation the right to determine subsidiary Civil Laws by Ijtihad in accordance with the principles deducible from the Civil Laws promulgated by Rasoolullah (PBUH).
To quote their own words:-
"It is an incontrovertible truth that for the observance of his directions the law-giver has, with infinite wisdom and knowledge, laid down mostly such conditions as would achieve the purpose in view in all times, all places and all circumstances. In spite of this there are numerous details in which changed circumstances demand corresponding changes. It is not necessary that conditions in every age and country should be what they were in Arabia and the Muslim world during the time of Rasoolullah(PBUH) and his Companions.
Therefore, the enforcement, in all ages and in all situations, of the particular forms of observance of Islamic injunctions exactly as they were at their inception, that is, without modification, will be a sort of conventionalism which is completely alien to the spirit of Islam. It will be incorrect, therefore to follow strictly the very words of the original text without weighing them in the present context, much less their deductions or inferences. The rational method of tackling a problem is that one should keep before the mind's eye the aim of the law-giver and affect changes to accord with changes in circumstances with due regard to his practice and the principles of his jurisprudence (Ibid).
The position advocated in the preceding extract is not an innovation. Imam Abu Hanifa and Shah Waliullah Muhaddith of Delhi held the same view. In the words of Iqbal:-
"For our present purposes, however, we must distinguish traditions of a purely legal import from those which are of a non legal character. With regard to the former, there arises a very important question as to how far they embody the pre-Islamic usage’s of Arabia which were in some cases left intact, and in others modified by the Prophet(PBUH). It is difficult to make this discovery, for our early writers do not always refer to pre-Islamic usage’s. Nor is it possible to discover that the usage’s, left intact by express or tacit approval of the Prophet (PBUH), were intended to be universal in their application. Shah Wali Ullah has a very illuminating discussion on the point. I reproduce here the substance of his view.
The prophetic method of teaching, according to Shah Wali Ullah, is that, generally speaking, the law revealed by a prophet takes especial notice of the habits, ways, and peculiarities of the people to whom he is specifically sent. The prophet who aims at all-embracing principles, however, can neither reveal different principles for different peoples, nor leaves them to work out their own rules of conduct. His method is to train one particular people, and to use them as a nucleus for the building up of a universal Shari'at. In doing so he accentuates the principles underlying the social life of all mankind, and applies them to concrete cases in the light of the specific habits of the people immediately before him. The Shari'at values (Ahkam) resulting from this application (e.g. rules relating to penalties for crimes) are in a sense specific to that people; and since their observance is not an end in itself they cannot be strictly enforced in the case of future generations. It was perhaps in view of this that Abu Hanifa, who had a keen insight into the universal character of Islam, made practically no use of these traditions. The fact that he introduced the principle of Istihsan, i.e. juristic preference, which necessitates a careful study of actual conditions in legal thinking, throws further light on the motives which determined his attitude towards this source of Muhammadan Law.
It is said that Abu Hanifa made no use of traditions because there were no regular collections in his days. In the first place, it is not true to say that there were no collections in his days, as the collections of Abdul Malik and Zuhri were made no less than thirty years before the death of Abu Hanifa. But even if we suppose that these collections never reached him, or that they did not contain traditions of a legal import, Abu Hanifa, like Malik and Ahmed Ibn-e-Hambal after him, could have easily made his own collection if he had deemed such a thing necessary. On the whole, then, the attitude of Abu Hanifa towards the traditions of a purely legal import is to my mind perfectly sound; and if modern Liberalism considers it safer not to make any indiscriminate use of them as a source of law, it will be only following one of the greatest exponents of Muhammadan Law in Sunni Islam".
The foregoing will shoe that while there is a school of thought in Pakistan which holds that whatever has come down to us in the name of Fiqh or the Traditions, is unalterable and should be enforced as such, there is another school of thought also which considers that for meeting the requirements of the present time, we can formulate our own laws in the light of the permanent and the unalterable principles given by the Quran.
QURANIC ARGUMENTS
This view is supported abundantly by the Holy Quran. The Quranic arguments may be summarised below:-
1. In Islam obedience is essentially and basically due only to the Laws of Allah as embodied in the Holy Quran. "Shall I (Rasoolullah, PBUH) look for a judge other than Allah. He who has revealed to you a book defining things clearly"? (6/115).
2. He who does not adjudicate in accordance with the Holy Quran is not a Muslim (5/44).
3. Obedience to Divine Laws is not a thing belonging to the individual plane in the sense that one might, of his own, consult the Holy Quran, interpret it for himself and act according to his individual interpretation. The obedience has to be disciplined and ordered under an organised system (called State in the present day terminology) controlled by a central authority, the first central authority having been Allah's Rasool. Obedience to the central authority is obedience to Allah. Says the Holy Quran: "One who obeys the Rasool obeys Allah" (4/80), the Rasool adjudging everything according to the Holy Book (5/48).
4. Barring a few exceptions, the Holy Quran enunciates generally fundamental principles without touching subsidiary law. About these principles or the basic provisions, the Holy Quran says: "The Kalema (basic principle) revealed by the Nourisher has been made complete in truth and justice. There is none who can change His principles (6/116).
5. The reason for leaving out subsidiary laws from the Holy Quran has been explained thus: "Ask not for things which if revealed would inconvenience you, and if you ask for them while the Quran is being revealed, they will be disclosed to you....Before you a people (the Israelites) did ask for them and then disbelieved (and defied) them". (5/101-2). In elucidation of the above verses, a Hadith is cited which says: "Allah has placed on you certain obligations, do not violate them. Some things have been forbidden, do not go near them. Some limitations have been imposed, do not transgress them. Some things have been left unspoken of without being overlooked, do not probe into them".
6. The question as to how details, which have deliberately been left undetermined in the Holy Quran, will be formulated in the light of the Quranic principles, is answered by the direction given in the Holy Quran to Rasoolullah (PBUH) to "consult them (the believers) in the affairs (of the Society)" (3/158).
There are numerous instances recorded in Traditions showing how Rasoolullah (PBUH) consulted his Companions in the day-today affairs. This process of consultation was not confined to any particular sphere but covered all matters in which details were not given in the Holy Quran. For instance the Holy Quran mentions the "Call for Salaat-ul-jum'a" (62/9), but does not prescribe the manner for making the call. The way this was decided upon has been recorded in Mishkat, as follows, in the chapter on Azaan:-
"Abdulleh b. Zaid b. Abd Rabb states that when Rasoolullah (PBUH) gave the orders for blowing the conch for calling the faithful to Sal’at I saw a man in a dream who had a conch in his hand. In my dream I enquired from this man whether he would sell the conch. He asked me what I would do with the conch. I answered that we would use it for calling people to Sal’at. He said, may I not tell you something which is even better? On my replying in the affirmative, he asked me to repeat Allah-o-Akbar, Allah-o-Akbar etc. and likewise he taught me Takbir. With the dawning of the morn I hastened to Rasoolullah (PBUH) and narrated my dream. Rasoolullah (PBUH) said, `Verily this dream is true and indicative of Divine'. There upon he ordered me to stand along-side Bilal and repeat to him what I had been told in my dream so that he (Bilal) may make the call(Azaan) since he is `loud-throated'. I did as commanded and Bilal called the Azaan. Abdullah further states that when Umar b. Khattab heard the Azaan at his place, he hurried out, dragging his covering, and said to Rasoolullah I swear by Him who has sent you with Truth, that I also have seen a dream similar to that of Abdullah'. Rasoolullah thereupon said, ` All praise is for Allah'. (Abu Dawud, Darmi, Ibn-e-Maja).
7. While he lived, Rasoolullah determined subsidiary laws in consultation with the Ummat. The question is as to what was to be done after his demise. The Holy Quran answers the question by saying, "Muhammad is but a Rasool. there have been several Rasool before him. Will you turn back on your heels if he dies or is slain?" (3/143). It follows that the process of framing laws within the frame-work of the Quranic principles was not to discontinue after the death of Rasoolullah but was to go on as before. Therefore, after his demise, the first thing the Companions did was to elect a Successor so that he could carry on the process of determining subsidiary laws and enforcing Divine Principles as did Rasoolullah himself. "One who obeys the Rasool obeys Allah" now took the form of "One who obeys the Rasool's successor obeys Allah". Rasoolullah himself is reported to have said: "You have to follow my practice and the practice of my mature and rightly guided Successors", (Mishkat chapter on adherence to Book and Sunnah). The Holy Quran directed Rasoolullah to "consult the believers in determining the affairs of the people" (3/158); it guided his successors by saying "and they determine their affairs by mutual consultation" (42/38). "Mutual consultation" within the ambit of the eternal and inviolable Laws given in the Holy Quran is the "way of the believers" (4/115) which should never be given up.
8. There is material available in the record of traditions of Rasoolullah and the doings of his Companions to show how subsidiary laws were formulated under the Khilafat-e-Rashida. The procedure followed was:
a) Where subsidiary law had not already been framed it was formulated by mutual consultation. For example no punishment was prescribed for drunkenness in the time of Rasoolullah. Hazrat Abu Bakr prescribed for it forty stripes, which Hazrat Umar later increased to eighty.
b) If a subsidiary law once enacted needed no amendment or change it was retained intact, just as any constitutional government would continue to enforce the laws of its predecessors until the need for a change arose.
c) Subsidiary enactment’s, which needed amendment in consequence of a change in circumstances, were duly modified. Since they were not prescribed initially by Revelation, it was not necessary that they should undergo changes through Revelation. Here are a few instances:
i) Rasoolullah had fixed the amount of ransom for prisoners of war at one Deenar per head. Hazrat Umar fixed different amounts for different parts of the State.
ii) Rasoolullah (PBUH) did not prescribe rates of Zak’at for different varieties of produce of land. Hazrat Umar did so.
iii) For Taleef-i-Quloob, Rasoolullah used to give financial assistance from the State Exchequer. Hazrat Umar discontinued the practice.
iv) Rasoolullah distributed among the fighters the land acquired in certain conquered areas. Hazrat Umar abrogated this system.
v) Rasoolullah allowed maintenance allowance at uniform rate. Hazrat Abu Bakr continued the practice. But Hazrat Umar re-fixed the rates in proportion to the services rendered by recipients.
vi) Rasoolullah did not realise Zak’at on tradable horses and the produce of the sea. Hazrat Umar did it.
vii) Hazrat Umar decided that the scheduled punishment for offences should be made light for belligerents and that the punishment of manusection for theft should not be inflicted on the famine-stricken.
Instances of this kind can be multiplied if those measures are taken into account which Hazrat Umar introduced initially. Their number, according to historians, ranges between forty and fifty. This number, however, is not the issue. The real issue is that the rightly guided Successors of Rasoolullah accepted and worked according to the principle that the decisions taken during the time of Rasoolullah could be modified, if the changed circumstances so demanded. They extended the principle to the decisions taken among themselves, and a Successor felt no hesitation in amending the decisions of his predecessor.
IMAM ABU HANIFA
The verses of the Holy Quran coupled with the evidence provided by traditions and history, reproduced above, support fully the view that it is the fundamental law of the holy Quran which is unchangeable. In the case of subsidiary laws formulated under it, the Islamic state constituted on the pattern of that of Rasoolullah, can affect changes to suit its current requirements. In the excerpt from his Lectures noted above, Iqbal has pointedly mentioned Imam Abu Hanifa and Shah Waliullah, Muhaddith of Delhi, who also supported the above view. In volume 13, page 390, of his book on history, Khatib Baghdadi states on the strength of Yusuf b. Isbat that Abu Hanifa used to say that "had I been a contemporary of Rasoolullah, I am sanguine that he would have adopted many of my views, since Din (Allah's way of Life) is, after all, but another name for good and sound reasoning". The historian goes on to say that Abu Awana stated that "One day I was sitting by Abu Hanifa when the Sultan's messenger called on him and said that his master would like to know how the case of a man who has stolen a honey-comb should be adjudged. Abu Hanifa replied promptly `if the value of the honey-comb be ten dirhams sever his hand'. After the messenger had departed I said to Abu Hanifa: "Are you not afraid of Allah? It has been reported to me by Yahya b. Said through Muhammad b. Haban and Rafi b. Khudaij, that Rasoolullah had said that for the theft of trifles like fruit and flowers, there can be no manusection. Hasten to help the man lest his hand be severed". Abu Hanifa reiterated calmly that "the view then taken has since lost its force". The thief suffered manusection.
SHAH WALI ULLAH
This incident illustrates the position of Imam-e-Azam. In his book Hujat-ullah-il-Baligha, chapter on types of Revealed Knowledge, Shah Waliullah has quoted a saying of Rasoolullah: "I am a human being. What I tell you about DIN adopt it; when I express my personal opinion, then, I am but a human being". Shah Waliullah says that the matters to which Rasoolullah referred were those unconnected with the propagation of the revealed message, and adds that akin to this type of "matters" were those subsidiary directions which, though related to the Quranic principles, conformed directly to the conditions then prevailing and ceased to operate as and when those conditions changed. The Ummat was not bound to observe them as permanent injunctions. In the same category are included those decisions of Rasoolullah regarding home and social economics, politics, etc., which were couched in general terms and omitted to specify practical details.
In elucidating Shah Sahib's view, Maulana Ubaidullah Sindhi, who is acknowledged as an authority on Waliullah, wrote as follows:-
"It should be understood that the enforcement of the basic law is preceded by the formulation of introductory subsidiary laws bearing directly on the prevailing conditions of the people concerned.
The basic law is unchangeable but introductory laws change with the change in attending circumstances. The introductory laws which Rasoolullah and his three immediate Successors formulated in consultation with the Central Council of advisers , are termed "Sunnah". The system whereby decisions were reached by consultation broke down, however, after Hazrat Othman. The "Sunnah" embraces, according to the Hanafi School of thought, the practice of both Rasoolullah and his rightly guided Successors, a view to which we also subscribe. But the practice of "Sunnah," which the current terminology will call Bye-Laws, must follow the Holy Quran. The basic law, is unchangeable; bye-laws change with the changing circumstances. The old bye-laws undergo changes to suit present requirements and new ones have to be deduced to satisfy fresh developments. This process is called Fiqh". (Al Furqan, Waliullah Number, page 264).
IQBAL
Discussing the Traditionalist and the Fiqh schools of thought, Iqbal observes in his Lectures on the Reconstruction of Religious Thought in Islam, (page 169): "But contrary to the spirit of his own school the modern Hanafi legist has eternalised the interpretations of the founder or his immediate followers much in the same way as the early critics of Abu Hanifa eternalised the decisions given on concrete cases".
My own position in this respect is that I subscribe to the views of the school of Imam Azam, Shah Waliullah, Maulana Sindhi and Iqbal, since their views are in accordance with the principles of Law-making in an Islamic State as enunciated by the Holy Quran.
OPPOSITION
Those who subscribe to views other than these are bound naturally to oppose these views. Iqbal anticipated this opposition and observed, on page 156 of his Lectures:
"And I have no doubt that a deeper study of the enormous legal literature of Islam is sure to rid the modern critic of the superficial opinion that the Law of Islam is stationary and incapable of development. Unfortunately, the conservative Muslim public of this country is not yet quite ready for a critical discussion of "Fiqh" which, if undertaken is likely to displease most people, and raise sectarian controversies; yet I venture to offer a few remarks on the point before us".
The opposition from the orthodox section is understandable. But the tragic part of it is that a difference of opinion is allowed to generate violence in expression and to condemn the opponent as an apostate. Even Imam-e-Azam was not spared. In Vol. XIII of his book on history Khatib Baghdadi gives following details:-
"Imam Malik b. Anas says that the peril of Abu Hanifa to the 'Ummah' is no less than that of Satan (Iblees) both with regard to his doctrine of revocability of divorce and the rejection of Ahadith. Abd-al-Rahman b. Mahdi says that the peril of Abu-Hanifa is more dangerous than the peril of Dajjal. Salman b. Hassan Halbi says that he has often heard Imam Auzai complain that Abu Hanifa has destroyed one by one all the wings of Islam. Fazari relates that both Sufian and Auzai say that a more inauspicious person than Abu Hanifa was never born in Islam. Imam Shafi calls him the worst among the despicable. Abu Ubaid says I was once sitting in the Jami Mosque of Rusafa with Aswad b. Salam. In discussing something I mentioned the view of Abu Hanifa. Aswad reprimanded me severely for mentioning even the name of Abu-Hanifa in the mosque and for this lapse on my part he was so annoyed with me that he never spoke to me thereafter till his death'".
Similar intolerance in opposing views continues unfortunately to plague our society to this day.
WHAT SHOULD BE DONE NOW?
Let us return to our main theme. Historically, the position during Khilafat-Rashida was that whenever a change in circumstances needed a change in subsidiary laws the change was affected by mutual consultation. Had the institution of Khilafat on the pattern set by Rasoolullah continued, the process of legislation evolved by it would have continued to develop normally, making the law of Shari’at a happy blending of permanence and change. It is a pity that the processes came to a halt and with it ended the critical attitude with which subsidiary laws used to be formulated. It is true that for a time the various schools of Fiqh carried on the process, but theirs was an effort on the individual plane which very soon became rigid and fossilised. We need not go into the historical why and wherefore of the change, which Iqbal has already discussed at length in his Lectures. The all important question confronting us now is that since the Khilafat on the pattern of Rasoolullah has long ceased to exist, what lines an Islamic State should follow for legislation. The answer is fairly clear. Revive Khilafat on Rasoolullah's pattern and adopt the system which he and his associates had established. But, is such a revival possible? Some say, No, since personalities like Hazrat Abu Bakr and Hazrat Umar are no longer available to do the job. This No is cry of frustration and is based on a serious misconception.
If the cry were listened to, it would be tantamount to admitting that the Holy Quran offered a code of life for a particular period of history only. This would be preposterous. The Holy Book has been preserved so as to provide mankind with a code for practical living from age to age and from place to place. On the basis of the Quranic principles an organisation (Islamic State) was set up once. A similar organisation can be set up again now. The way to do it is this: The State should first take firm decision that it shall remodel the society on the basis of the inviolable principles preserved in the Holy Quran. Then it should take stock of the literature dealing with Islamic laws with a view to (a) adopting, in its original form, what would with due regard to the Quranic Principles, meet present requirements; (b) amending what needs a change; and (c) formulating new provisions to satisfy fresh situations, the whole thing being processed with the help of the representatives of the Ummat by mutual consultation. This is how an organisation based on the Quranic Fundamentals can be brought into being. But a change - over from the present to an ideal Islamic State cannot be brought about overnight. The organisation will, by stages, proceed towards its ultimate goal by the normal process of evolution, ridding itself of initial short comings at every step. This is the Sabil-ul-Momineen, the way of the Believers, which the Holy Quran has stressed. An important point to note is that until an Islamic State has been established, the Ummat should continue its present course without any change, since the right to introduce changes belongs to the social order (the Islamic State) and not to individuals whatever their mental development may be.
ITS IMPORTANCE
The foregoing explains the broad principles and the basic way for the exercise of legislative effort in an Islamic State, the way to which Iqbal referred in his Lectures. He indicated the way in 1928, but the question had already swayed his imagination so much that in a letter written long before he said: "My conviction is that whoever undertakes a critical appreciation of modern jurisprudence in the light of the Quran and establishes the inviolability of its principles, will be the arch revivalist (Mujadid) in Islam, and the greatest benefactor of humanity....It is a pity that the contemporary doctors of Islamic jurisprudence should be either completely ignorant of modern trends or else be steeped in rack orthodoxy.......It seems to me that Islam is, as it were, being tested at the moment on the touchstone of Time, a situation which perhaps never before arose in the history of Islam". (Iqbalnama-volume I, page,50).
Referring to what had happened in Turkey, Iqbal said in his Lectures (on page 154): "The question which confronts him (the Turk) to-day, and which is likely to confront other Muslim countries in the near future, is whether the law of Islam is capable of evolution, a question which will require great intellectual effort, and is sure to be answered in the affirmative; provided the world of Islam approaches it in the spirit of Omar, the first critical and independent mind in Islam who, at the last moments of the Prophet , had the moral courage to utter these remarkable words; "The Book of God is sufficient for us". He concludes his Lectures with these words (pages 170):-
"In view of the basic idea of Islam that there can be no further revelation binding on man we ought to be spiritually one of the most emancipated peoples on earth. Early Muslims emerging out of the spiritual slavery of pre-Islamic Asia were not in a position to realise the true significance of this basic idea. Let the Muslim of to-day appreciate his position, reconstruct his social life in the light of ultimate principles, and evolve, out of the hitherto partially revealed purpose of Islam, that spiritual democracy which is the ultimate aim of Islam".
If the Islamic world succeeds in re-establishing the Universal Democracy of Islam by recasting Islamic jurisprudence on the basis of the Quranic Fundamentals, the leadership of the world of political thought will be theirs. If, however, they fail in the discharge of this delicate but vital duty, the other nations will regard their failure as the failure of Islam and on the evidence of that failure would declare that Islam was successful only in a particular period of history but that thereafter it exhausted its dynamism and is no longer capable of keeping pace with the growing needs of the times. It should then be extremely painful for them to be adjudged guilty at the bar of humanity of a crime of such immense magnitude and severity.
CONCLUSION
It will follow from what has been said above that within the circumscribed limits of the permanent fundamental principles of the Holy Quran, the Islamic society is free to formulate its subsidiary laws in accordance with the need of times. While the subsidiary laws will be susceptible to change in accordance with the changing needs of times, the Quranic fundamentals shall remain unchangeable. This happy blending of permanence and change will enable the Millat to attain its ultimate destiny in life.
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