The Basic Structure of Islamic Shari'ah

Transcription

1 The Basic Structure of Islamic Shari'ah All praises be to Almighty Al-laah (Subhaanahu wata aala) who alone is the creator and the sustainer of all that we see and of all that we don't see. May Al-laah (Subhaanahu wata aala) bless His last noble prophet Muhammad (Sal-lallaahu alyhi wa sallam), his family & his companions (Peace be upon them). There are two components of Islamic Law (Shari'ah), the first is genuine beliefs (Aqidah) and the second is actions (A mal). The main points linked with both components will be briefly discussed here. The Muslims who follow the Shari ah within the following vital points are known as orthodox Muslims / Ahlus-Sunnah-waljamaa ah or Sunni Muslim. A Muslim must believe that there will be no value / reward in their life after death, of any Islamic practice (of any spiritual good) if they reject the correct Islamic faith, or do not completely agree with the main beliefs and commands, And whoever denies the faith - his work has become worthless, and he, in the Hereafter, will be among the losers. (Al- Qur ān 5:5). Main points of the structure 1. The fundamental beliefs of Islam. 2. Three main actions (A mal). 3. The four sources of Islamic jurisprudence (Shari'ah). 4. The four great Jurists (A immah Ar ba ah). 5. Technical terms of Fiqh Islamiyah. 6. Men of true practice (Rijaa lul laah). 1. The fundamental beliefs of Islam. There are three fundamental beliefs of Islam and they are; Oneness of Al-laah (Subhaanahu wata aala), Prophet hood and the concept of life after death. Believing in the three specific beliefs and practicing upon the commands, sincerely and wholeheartedly is a condition of being a true Muslim. Oh you who have believed, enter into Islam completely [and perfectly] & do not follow the footsteps of Satan. Indeed, he is to you a clear enemy. (Al- Qur ān 2:208). These three beliefs and commands are collectively approved by the four faithful Imams of Ahlus-Sunnahwaljamaa ah Muslims. These are accepted and closely followed by the Muslim community (Ummah). Indeed, they who have believed and done righteous deeds - those are the best of creatures. (Al- Qur ān 98:7). i. Oneness of Al-laah (Subhaanahu wata aala) (Tawheed) Muslims sincerely believe that Al-laah (Subhaanahu wata aala) is alone. He has neither a wife / partner nor any children. "Say, He is Allah, [who is] One Allah, the Eternal, Absolute. He neither begets nor is born, Nor is there to Him any equivalent" (Al- Qur ān 112). He is the living, the selfsubsisting, eternal, omnipotent and the Wise. He creates as He wills and chooses as He pleases. He is the creator and sustainer of the Heavens, the Earth and everything therein. He is the guardian and disposer of all affairs. He is aware of all matters that deceive the eyes, and all secrets, that the hearts (of men) conceal, Therefore only He deserves to be worshipped. He is Allah, other than whom there is no deity, Knower of the unseen and the witnessed. He is the Entirely Merciful, the Especially Merciful (Al- Qur ān 59:22). There is no comparison to Him including His originality, powers, attributes and right to be worshipped, The seven heavens and the earth and whatever is in them exalt Him. And there is not a thing except that it exalts [ Allah ]

2 by His praise, but you do not understand their [way of] exalting. Indeed, He is ever Forbearing and Forgiving (Al- Qur ān 17:44). All his previous prophets and our prophet Muhammad (Sal-lallaahu alyhi wa sallam) were his servants and worshippers, therefore we as believers are His sincere servants and have to worship him only and accordingly. Worship Allah and associate nothing with Him... For Allah loveth not the arrogant, the vainglorious (Al- Qur ān 4:36). Furthermore for His unique attributes see Al- Qur ān 2:255 ii. Prophet-hood (Risaalah) There were many prophets prior to the prophet of Islam, Muhammad (Sal-lallaahu alyhi wa sallam). He was born in the Arabian city of Mecca (April 570 June 632 AD), the son of Abdullah Al- Arabi Al-Hashami. He is the prophet of all beings and the seal to the system of prophet-hood. His followers are known as Muslims. Say, [Oh Muhammad], "Oh mankind, indeed I am the Messenger of Allah to you all, [from Him] to whom belongs the dominion of the heavens and the earth. There is no deity except Him; He gives life and causes death. So believe in Allah and His Messenger, the unlettered prophet, who believes in Allah and His words, and follow him that you may be guided (Al- Qur ān 7:158). There will be no new prophet by birth or otherwise after him till the last Hour. Muhammad is not the father of [any] one of your men, but [he is] the Messenger of Allah and last of the prophets. And ever is Allah, of all things, Knowing (Al- Qur ān 33:40). He has the highest status amongst all the creations of Al-laah (Subhaanahu wata aala) and specifically in the rank of human beings. Al-Qur ān Is the word of Al-laah (Subhaanahu wata aala), which was revealed to him and followed by all of his Companions (Sa haabahs), who were his true disciples. True believers do not criticise the Qur ān, his family or his companions but without question, follow in their footsteps. iii. Life after death. (Aakhirah) The third belief is, there is a life after death of a person and eventually, of the entire mankind see Al- Qur ān 21:35. The death of the entire mankind is referred to the last Hour (Qiyaamah), where the universe including every living being would be destroyed instantly at the blowing of the horn by the Angel Israfeel (Alaihis Salam). The main signs of the last hour are; that firstly (Imam) Mahdi (Alaihis Salam) will be born and Secondly, the descending of the prophet Eesa Maseeh son of Maryam (Alaihimus Salam) (Jesus the messiah) whilst Mahdi is in his thirties. This event will take place long before the beginning of the last hour. Together they will establish peace on Earth and even after they have passed away there will be peace for over a century. These two events will take place long before the beginning of the last hour. The knowledge of when these signs will take place and the knowledge of the duration of the interval between the last sign and the last hour, lie only with Al-laah (Subhaanahu wata aala). The second section of this concept is the process of life after death of mankind (Al- Qur ān 3:158). There are six stages in this procedure; (i) A long period of time behind the curtains (Barzakh) for everyone before the gathering. (ii) The Resurrection (Hashar) when all beings from the beginning of time will be assembled.

3 (iii) The period of accountability (Hisaab-u-Kitaab) and judgement. (iv) Compensation (the consequences[reward or punishment]), based on individual beliefs and deeds. (v) The intervention (Shafaa at) by our prophet Muhammad Rasoulul-laah (Sal-lallaahu wa sallam) with the mercy of Al-laah (Subhaanahu wata aala) for those who passed away on the genuine correct beliefs of Islam. (vi) At the end of this process each individual has to permanently reside in the Heaven or Hell, according to their individual belief held at moment they passed away and there is no death after resurrection.. Heaven or Hell is for eternity. alyhi 2. Three main actions (A'mal). The sign of a true believer is that one has to try their best to act upon Islam according to the Shari ah. i. Worship (Ibaadah), All correct type of worship is for Al-laah (Subhaanahu wata aala) only. ii. Society (Mu'aashirat), Politics & Government. iii. Business & trade (Muaamalat). Practicing of the five pillars of Islam and all other pure types of worship, which entails anything that provides you with religious reward, and purely to earn the pleasure of Al-laah (Subhaanahu wata aala). It is vital for Muslims to complete all their actions with correct etiquette and attitudes (Ikhlaq and Aadaab) for the sake of Al-laah (Subhaanahu wata aala) and within the Shari ah. In every sector of life (cultural and livelihood) there are many specific Islamic teachings, which are Pivotal for being a good citizen in any society. A true and sincere believer will prove their faith through their actions and associated behaviour. Oh you who have believed, enter into Islam completely [and perfectly] and do not follow the footsteps of Satan. Indeed, he is to you a clear enemy (Al- Qur ān 2:208). 3. Four sources of Islamic Jurisprudence. There are four sources which determine the Islamic beliefs and duties, these are accepted as the permanent rules of the Islamic Shari ah - known as Usool Arb ah of Fiqh Islamiyah., which are as follows: i. Al Qur ān: Referring to the issues directly from the Holy Qur ān with the support of Hadith. ii. Sunnah: The regular practice of the Rasou lullaah (Sal-lallaahu alyhi wa sallam) and the consensus of the companions (Sa'haabahs) of Rasou lullaah (Sal-lallaahu alyhi wa sallam). iii. Ijmaa'a of Ummah: When the religious answers cannot be established from the previous two sources (Al Qur ān & Sunnah) the third source needs to be used. Furthermore, regardless of what decision the scholars reach, the conditions that must be met is that it cannot contradict the information from the first two sources and this agreement cannot be challenged by the rest of the Ummah. This is due to the fact that it is stated as a sin (Kufr) to disagree with the first two sources and the agreement of the companions specifically in the chapter of beliefs and worships (Ibaadah). This is demonstrated by what the prophet Muhammad (Sal-lallaahu alyhi wa sallam) stated, Laa Tajtami u Ummatee Alaz zalaalah (Hadith), which means, My followers (Ummah), collectively, can never be agreed on the unsuitable issues, in relation to the Shari ah. Therefore,

4 due to the Prophets opinion, the issues which were agreed by the companions and are approved by the four Imams are undoubtedly part of the Islamic law the Shari ah. iv. Qiyaas: The fourth and last rule of the Islamic Shari ah is the judicious reasoning on matters by Islamic authorities / scholars that do not contradict the first three sources (Qur ān, Sunnah & Ijmaa a). The meat of buffalo and the milk of she buffalo (Bhayns) is Halaal the reason is that it is based on the Cow other wise this animal is named as Halaah by the authentic Hadith. In general the time of morning Azaan has been regulated (settled) on Qiyaas and in this Qiyaas we trust only the Mu azzin. Fasting from dawn to sunset is Farz. Therefore to beginning time of the Fast we trust a Qiyaas of the Mu azzin. 4. Four great Jurists of Islamic guidance: (A immah Ar ba ah). There were many Muslim Jurists (Imams of Fiqh) in regards to Islamic jurisprudence (Fiqh Islamiyah). However, during the third Islamic century, to solve the Islamic issues of that time, Muslim intellectuals, by consensus, had at last agreed on the aforementioned four permanent rules of the Shari ah and four principal, faithful jurists of Fiqh Islamiyah. The four agreed jurists (Imams) who were the founders of the four schools of thought (Hanafi, Shafie, Maaliki and Hambly) of Fiqh Islamiyah are as follows: I: Imam A azam Abu Hanifah Nu maan Al-Koufi ( After Hijrah). Ii: Imam Malik ibn Ans al-yahsubi, Madani ( AH). iii: Imam Muhammad ibn Idrees Shafie, Quraishi ( AH). iv: Imam Ahmed ibn Hanmbal al-shaybani, ( Ah) (Rahmatul'laahi Alayhim Ajmaeen). Those who follow the four sources of Islamic Jurisprudence, including the four Imams, are broadly known as the Ahlus- sunnah wal Jama'ah Muslims. The followers of the four Imaams are fully agreed on the major Islamic issues. The following are key examples of the approved decisions of the four Imams: i. The main beliefs, commands and all types of polytheism (shirk). ii. There will be no/any type of Prophet (Nabee/Rasool) after the Prophet Muhammad (Sal-lallaahu alyhi wa sallam) Al-Arabi, Al-Hashami up to the last Hour. iii. The first four successors of Rasoulul-laah (S.AW) were the promised legitimate caliphs and not the kings. They were chosen by the consensus of the companions, the first successor was Abu Bakr Siddique (Rz.a) and the forth was Ali-ul-Murtazaa (Rz.a). iv. That the Mus-hafi-Usmaani is the true, original Qur ān and it will remain same up to the last Hour. v. Performing of the additional twenty Rak aats of Salatut-Traweeh during the month of Ramadan after Ishaa and before Tahjjud. vi. Not reciting Al-Faatiha behind the Imam during the Salaah when the Imam is reciting aloud. vii. Temporary marriage (Nikaah-i-Mutt ah) is unlawful. viii. The Hijrah calendar is the Islamic Calendar and the first month is Muharrram. The annual event of the pilgrimage (Hajj) takes place on the 9th of Zulhijjah. ix. They all are agreed at the boundary of Harm Sharif and Miqaat. x. The principle of divorce was determined by the companions. If the husband in ques tion, divorces his wife three times in one go in whichever form, it will be classed as a full

5 divorce. This was later adopted by the fore Imaams and consecutively by the eminent scholars of the Ahlus- Sunnah wal'jamaa'ah Muslims. After the period of the four Imams, the Muslim community had agreed that, for the conclusion of the major Islamic issues (beliefs and practice), they must trust the combined approval of the eminent followers of those Imams. This is approved by the early Islamic theorists and true, pious scholars. They believe that following the unified decisions of the Islamic intellectuals is not a type of shirk or a sin rather, It is the best solution, for non scholars to follow Islamic Shari ah up to the last Hour. The Holy Qur ān says, Oh ye who believe! Obey Allah, and obey the Messenger, and those charged with authority among you (Al- Qur ān 4:53). While with full respect to the other three schools of thought, for minor issues, believers must follow the decision of one Imam or the eminent scholars of their school of thought. The Holy Qur ān says, And We sent not before you except men to whom We revealed [Our message]. So ask the people of the message if you do not know (Al- Qur ān 16:43). Imam Abu Hanifah (Rahimahul-laah) who is the founder of the rules of the Islamic Jurisprudence (Shari ah), has said, in case of contradiction, follow the Sunnah of the Prophet which he adopted in his last period of worldly life, because many first Sunnah were repelled /cancelled, for example talking or greeting another person during Salaah. The Sunnah of raising hands after the Takbeer-i-Tahreemah during the Farz has been revealed by Abdullah ibn Umar (Rz.a) but he did nor raise his hands. It is narrated by the authentic way by his pupil Mujaahis(Ra.a), He says I lived with him a long time, but I did not see him raising hands after the Takbeer-i-Tahreemah. This is the reason that it is indicated by Imam Abu Hanifah (Rahimahul-laah), who said the following, with the support of the authentic Hadith, i. Do not recite Surah Al-Faatiha behind the Imam during any Salaah. ii. Also, in Farz Salaah there is no raising of the hands except for Takbeer-i-Tahreemah. iii. As well as that, Khutbah of Jumu ah and Eid must be performed in Arabic. iv. For Iqaamah add an extra phrase of Qadqaama-tissalaah two times, without remov- ing any phrases from the normal Azaan. v. There is no any Salaah recommended between Azaan and Farz of Salaatul Maghrib. It is a suitable for the Ahlus- sunnah Muslims to call the companions, four Imams and other eminent Islamic scholars by the title of Salf Sawliheen. I will take the opportunity to draw the intention of my dear Muslim brothers and sisters that our category of Salf Sawliheen will be incomplete if we ignore the following eminent scholars, like Imam Ibraheem Nakhie (59 AH), Imam Hammaad Al-Kufi, Imam Abu-Yusuf (182 AH), Imam Muhammad Al- Baghdadi (189 AH), Imam Tahaavi Al-Misri (321 AH) and many others. The Holy Qur ān says, Oh ye who believe! Fear Allah and be with those who are true (in word and deed) (Al- Qur ān 9:119). However the scholars who are respected by the followers of anyone of the four Imams, collectively, they are all in the category of Salf Sawliheen. In addition, the companions of Rasoulul-laah (Sal-lallaahu alyhi wa sallam) are unique and distinguished amongst all the Salf Sawliheen (Rahimahumul-laahim), thus, believers must obey their consensus and final verdicts (Fatwaas). There is no chance of unity amongst the Muslim community other than following the consensus of the companions. This is a permanent rule of Fiqh Islamiyah that if consensus of the companions does not contradict the AL- Qur ān and the Sunnah it is undoubtedly practicable.

6 The Holy Qur ān says And whoever opposes the Messenger after guidance has become clear to him and follows other than the way of the believers - We will give him what he has taken and drive him into Hell, and evil it is as a destination (Al- Qur ān 4:115). 5: Technical terms of Fiqh Islamiyah Fiqh Islamiyah is subdivided into eight technical terms referring to the words and actions of Muslims. These are: Farz, Wajib, Sunnah, Mustahab, Mubaah, Makrooh Tanzehi, Makrooh Tehreemi and Haraam. Amongst them; the Unlawful (Haraam) is well known and all other items, with their conditions, are known as lawful (Halaal). The actions which do not fall under these principles are innovative (Shirk or Bid ah) and a true believer has to know and disregard these innovations (Bid ah). 6: Men of true practice (Rijaa lul'laah) [Are] men whom neither commerce nor sale distracts from the remembrance of Allah and performance of prayer and giving of zakah. They fear a Day in which the hearts and eyes will [fearfully] turn about - (Al- Qur ān 24:37) Imam Muhad-dith, Abdur Rzzaque Kufi (211 AH) Imam Ibn-i-Abi Shaiba (235 AH) Imam Bukhari (256 AH), Imam Muslim (261 AH),Imam Tahaavi (Rahmtulaahi Alaihim) and several other scholars compiled Hadith and Fiqh Islamiyah during the first three centuries. There are many God- fearing scholars amongst the Ummah who always follow the Shari ah. They humbly guide and lead other believers of the Muslim Ummah accordingly. These scholars identified what is right and wrong, for example: what the main beliefs of Islam are, what Eemaan and Kufr is. What Tawheed and Shirk is. What Sunnah and Bid'ah is. What Halaal and Haraam is. Who listen to speech and follow the best of it. Those are the ones Allah has guided, and those are people of understanding (Al-Qur ān 39:18). Amongst those pious leaders who follow the Hanafi Fiqh, there are substantially recognised Urdu-speaking scholars of the 20 th century. The Ahlus-Sunnah-waljamaa'ah Hanafiya (Sunni Hanafi) Muslim community is fortunate to follow their explanation for Islamic beliefs and practices. They trust their Islamic guidance and decrees (Fatwaas). NB. I: If you are in agreement with the basic structure of the Islamic Shari ah, be part of those who adhere to the Fiqh, and follow the correct interpretation of it. You must not attempt to criticise any of the above scholars on weak reports, such as gossip.