ABIDING BY THE RULES OF SHARI’AH

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ABIDING BY THE RULES OF SHARI’AH
nawaz
07/02/01 at 10:47:01
ABIDING BY THE RULES OF SHARI’AH WILL ACHIEVE THE DOMINATION OF THESHARI’AH RULES
 


Abiding by the rules of Shari'ah will achieve the domination of the Shari'ah rules and will define the standards of actions in life

There is no doubt that abiding with the divine rules will achieve the domination of the mastership of the rule of Shari’ ah and would define the criteria of actions in life. In regards to achieving that domination, it is a matter which secures stability for the society and tranquillity for the people in their lives, their interests and their rights. In those materialistic so-called 'civilised' countries like in Europe and America, they always strive to establish the mastership of the rule of the law, and they make it the highest aim, and they strive with all their efforts to achieve that. So the mastership of the rule of law makes the individual abide by it and not dispute it, because it imposes on him submission to the law and it controls his behaviour according to it. Also it makes the relationship between the individual easy, and it makes the state caring for the people and not suppressing them, because the mastership of the ruling is not for the ruler but for the law. What makes the people as master is not the rule of the ruler, rather the rule of the law, where the rule of the ruler is itself subject to the rule of the law. And this occurs in the West where the law has no place in their hearts except a moral authority, where they commonly agreed to respect it, and they then became proud of it and its mastership.

But to Muslims the mastership of the Shari’ ah law has more than just a moral authority in their hearts, it has a spiritual authority, because it is the rule of Allah (the rule of the Shari’ ah), which was brought by divine revelation. So besides being proud of Islam, Muslims are also aware and scared of disobeying it, because of the fear of torment of hell. However Muslims agreed to follow and abide by it since they seek paradise, and some of them even look for much more than this, they look for attaining the pleasure of Allah the Supreme. Therefore, the mastership of the rule of Shari’ ah makes the Muslim abide with the law by the motivation of Iman and stands as a guard over abiding with it also on the motivation of Iman. So he controls his behaviour according to it, and he makes himself a guard for the people and over the people so that they control their behaviour according to it. Allah (swt) says

" You have been the best Ummah brought to mankind, you enjoin Maaroof and deny Munker" .

This means that you have been appointed guards over abiding with the law of Shari’ ah and making mastership of the rule of Shari’ ah. This makes the relationship between the people easy, it settles disputes between them simply and quickly, and guarantees that the dispute would not even occur as long as the mastership of the Shari’ ah rule is the controller in the hearts of the people. Besides this, it makes the authority of the ruler a caring for the people and not a suppressive power, because the final authority to the people is not the ruler, rather it is the rule of Shari’ ah. It is the reference for the citizens and for the ruler as well, as the ruler is not but a shepherd who cares for the affairs of the people with the rules of Shari’ ah, this is why Shari’ ah calls him " a shepherd" .

The Qur’ an has concentrated on making the mastership of the rule of Shari’ ah by denying Iman to those who do not govern by the Shari’ ah, that is, those who do not make the mastership of the rule of Shari’ ah as that which controls the relationships of the individuals. Allah (swt) says:

" By Your Lord they will not be believers unless they make you judge in the disputes among them"

It is not limited to this only, but extends further when it has been made a condition that the Shari’ ah should be made as the ruler and that they should submit completely to the ruling of Shari’ ah without having any hardship in their hearts about it, when Allah (swt) says:

" Then they would not find any hardship in their hearts for what you have judged, and they submit completely"

And this is one of the greatest forms of commitment from the people to achieve the mastership of the Shari’ ah rules. And besides this the Shari’ ah has made that the mastership of Shari’ ah is the controller of the relationship between the ruler and the citizens as well, Allah (swt) says:

" O you who believe, obey Allah, and obey the Messenger and those in authority among you. If a dispute arises among you in any matter, then return it back to Allah and His Messenger, if you believe in Allah and the Last Day. This is a better interpretation"

So Allah commanded the citizens and the rulers, if they disagree in any matter, to refer it back to the Shari’ ah rule, and He made this as a sign of Iman, when He said, " return it back to Allah and His Messenger, if you believe in Allah and the Last Day" . Not only did He say this, but He praised such an action, when He said, ‘ " This is a better interpretation" , which confirms the assurance and the decisiveness of returning the matter back to the Shari’ ah rules. And this is one of the greatest commands of achieving the mastership of Shari’ ah rules.

From all this it is quite clear what great results would be brought about and the high importance of achieving the mastership of the Shari’ ah rules in the view of Islam. In regards with defining the criteria of action in life, it is itself the depiction of life, and according to that depiction of life a Muslim decides which actions he may be permitted to perform and which he can not, according to this picture. Because this picture of life gives him his view about this life. So he looks at this life in a certain way according to the picture in his eyes. And the picture of life in the eyes of a Muslim is not a mere benefit which would then limit his view of life purely according to benefit, nor is it just an interest, rather he views this life (Dunya) as a way to the Akhirah (the hereafter), and man is not in this Hayat (life) except to worship Allah. And Allah (swt) says:

" They are happy with this Dunya (life), but this Dunya (life) compared to Akhirah is just Mata’ a (a little time)"

And Allah says:

" I did not create the Jinn’ s and Ins (man), except to worship me"

And He says:

" Seek in what Allah has given you, the Hereafter, and don’ t forget your share in this Dunya"

Also He said:

" The Mata’ a of this Dunya compared to the Akhirah (Hereafter) is just a little"

So the description of the Hayat and Dunya, that it is just a Mata'a, and when compared to the Akhirah it is just very small, shows that the aim of this Dunya is not for benefit or interest, although these naturally do exist, but the aim is the Akhirah (the Hereafter), and that this Dunya is but a path to that. Allah (swt) says:

" This Dunya is only ?????, but Al-Akhirah is the real life" .

Therefore the matters of this Dunya (life) are not the standard of actions, rather it is the Halal and Haram. So whatever is Halal we do and whatever is Haram we avoid. Allah (swt) says:

" Fight those who do not believe in Allah, and the Hereafter, and they do not make Haram what Allah and His Messenger have made Haram"

So failing to make Haram what Allah and His Messenger has made Haram, is against Iman, and Allah made it a crime for which the one who does it deserves to be fought against. And this denotes the extent of the importance of the criteria of Halal and Haram. Halal is what Allah has made allowable and Haram is what Allah has prohibited. And the Prophet (saw) has said: " Whatever Allah has made Halal is Halal, and whatever He has made Haram is Haram" . He said this in response when he was asked about his opinion on cheese and the Kayr. Also it must be noted that whatever the Prophet (saw) made Halal in his Sunnah is Halal, and whatever he made Haram is Haram, because the Prophet (saw) said: " I have been given the Qur’ an and equal to it (the Sunnah)" .

So Muslims therefore, have no right to make anything Halal because of its benefit, or its interest, or because of any rational justification, rather what Allah has made Halal is the Halal and what Allah has made Haram is the Haram. And the text of the Qur’ an has prohibited anybody from making Halal that which Allah has made Haram, Allah (swt) says:

" Don’ t say what you describe by your tongues untruth fully, this is Halal and this is Haram in order to make lies on Allah"

Also He (swt) said:

" Have you seen what Allah has brought down to you (of provision), where you made some of it Halal and some Haram. Did Allah give you permission to do so or do you make lies on Allah" , And Allah says:

" Ah-Naseea, is an increase in Kufr, by which the dis-believers have been misguided. They make it (i.e. the month) one year Halal and they make it in the next year Haram in order to change the status of the month as identified by Allah (for their benefit), thus they make Halal what Allah made Haram" .

And Allah (swt) says:

" Their bad actions have been made masks on their eyes"

So the criteria of action is what Allah and His Messenger made Halal and what they made Haram and nothing more than that at all. People must, therefore, stand at the limits of Halal and Haram and if a matter does not appear clearly to them as Halal or Haram, they have to stand clear until they know about it. When there are actions which people are not sure about because they are not clear to them if they are Halal or Haram, then they can not decide the matter to make it Halal according to their interests, or their benefits, or by ration, nor can they make it Haram by the harm, or by ration. Rather they have to refrain until the matter becomes clear to them. So whatever is Halal they do it without any fear of sin, and what is Haram they stay away from it with complete assurance and acceptance even if the balsam of life lies in it. Whatever is clear to them as Halal or Haram they have to abide by it, and if they don’ t know, it is much better to stay away from it.

It has been narrated by Al-Bukhari that Anar heard An Nu’ man ibn Bashier say that he heard the Prophet (saw) say: I heard Allah’ s Apostle (saw) saying: " both legal and illegal things are evident but in between them there are doubtful (suspicious) things and most of the people have no knowledge about them. So whoever saves himself from these suspicious things saves his religion and his honour. And whoever indulges in these suspicious things is like a shepherd who grazes (his animals) near the Hima (private pasture) of someone else and at any moment he is liable to get in it. (O people!) Beware! Every King has a Hima and the Hima of Allah on the Earth is his illegal (forbidden) things. Beware! There is a piece of flesh in the body if it becomes good (reformed) the whole body becomes good but if it gets spoiled the whole body gets spoiled and that is the heart."

Thus by following this Hadith, one would follow the best way for saving oneself. This glorifies the level of the concern of the Prophet (saw) in describing accurately the criteria of actions, because he asked us to stop on the limit of Halal and Haram and he also discouraged us from working in anything which is doubtful in terms of Halal and Haram, and this is the best way of ensuring accuracy in the question of Halal and Haram. So these evidences about the mastership of the rule of Shari’ ah have to be verified, and the depiction of life as only Halal and Haram, as the criteria of actions in libe, is enough to convince the Muslim if he believes in Allah and the Prophet Muhammad (saw) that he must control his actions in this life according to what came in the Qur’ an and in the Prophet’ s (saw) Sunnah. By this he will achieve the mastership of the rule of Shari’ ah, and he will make his criteria in life Al-Halal and Al-Haram, not the benefits, the interest or ration. And this will restore back the value and the importance of limiting oneself with the divine rules, and the basis which establishes the relationships between the individuals. And by such the divine rules will restore its weight, and its importance. And control of behaviour will thus be achieved, and it will lead to the tranquillity and stability.

However in Islam it is not only sufficient to restrict ourselves with the Shari’ ah for everyday matters and relationships with individuals, there are six clear areas where the Shari’ ah was revealed to the Prophet (saw) to govern between the people. Allah (swt) says to the Prophet (saw):

" Govern between them with what Allah has revealed to you, don’ t follow their whims away from the truth which came down to you. And you must warn them. Whoever does not govern with what Allah has revealed, they are the disbelievers"

So the one who governs with other than what Allah has revealed, and he is convinced that it is better than the Shari’ ah, then he is Kafir. If he does not believe in its goodness and he does not deny the goodness of Islam then he is Dhalim. Allah (swt) says:

" Whoever does not govern with what Allah has revealed, they are the Dhalim (wrong-doers)"

And in another verse the word " Fasik" is used. And the matter does not end here, because Allah has even commanded fighting and declaring war against the rulers if the clear Kufr matters have appeared in their authority, and this is quite clear in the Hadith narrated by Obada bin As-Samit he said: " Do not dispute with the people in authority among you unless you see clear Kufr upon which you have clear proof from Allah" . In other words " unless the disobedience with what Allah has revealed is quite clear" . And in a Hadith narrated by Ahmad who said " Don’ t we attack them (the rulers) O Prophet of Allah?" . The Prophet (saw) replied: " No, as long as they pray" . And in the narration of Malik who asked: " O Prophet of Allah don’ t we fight against them (the rulers)?" . He said: " No, as long as they establish the Salah amongst you" . And in another narration the Prophet (saw) was asked: " O Prophet of Allah don't we fight against them at the time when this happens?" . He replied: " No, as long as they establish the prayer amongst you" .

So what is the meaning of these Hadiths, that we are not allowed to challenge the authority of those in authority among us, unless we have seen a clear Kufr, and we have to declare war and fight against them if they do not establish the Salah amongst us? Establishing the Salah is just an indication about studying the rulers of Islam, and it is quite well known in the time of the Khilafah that they used to study the ruler, and in particular the Wali, and if his tasks did not include the financial matters they used to call him a " Wali of Salah" (the Wali of prayer). And the one whose task did include matters of finance they used to call him " Wali As-Sadaqah" (the governor of Sadaqah). In any event governing with other than what Allah has revealed is a clear Kufr, and open Kufr. The meaning of the Hadith is that we have to challenge the one who does such Kufr, and to fight against him. So the evidences here, that Islam has commanded fighting against the one who governs with other than Islam, means fighting against the ruler when clear Kufr appears, and means fighting the Imams who do not establish the Salah among the Muslims i.e. do not govern with what Allah has revealed.

We can see the level of importance attached to the question of Shari’ ah and of ruling according to it. This is because Allah (swt) commanded to govern with Shari’ ah in a decisive way, and Allah has prohibited any to rule with other than what He has revealed in a decisive way, and He has commanded Muslims to fight against the rulers if they don't govern with what Allah has revealed, and to declare war against them if they do not return to the governing of Shari’ ah. This is in order to prevent limiting the Shari’ ah only to the daily life matters of the people, or to the relationships between individuals, but to extend it to include all the actions of the ruler. So ruling with the Shari’ ah is obligatory upon the Ummah and upon the ruler with no exceptions. And by such the value of limiting ourselves according to the rules of Islam is the most important basis upon which the Ummah and the state will be established.
NS


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