Shari’ah

PERFECTION OF THE SHARI’AH

By Abdul Qader Abdul Aziz in al-Jumu’ah Magazine

A Jewish man, once, said to Umar, “If the verse ‘This day I have completed your religion for you, fulfilled My favor upon you, and have chosen for you Islam as your religion’ was revealed to us, we would have taken the day it was revealed as an Eid (a day of celebration).” Umar said, ” I know the day when this verse was revealed; it was revealed on the day of Arafah on a Friday.” (Bukhari)

Ibn Abas said, ” it was revealed in two days of Eid; Friday and Arafah.” Imam Ibn Hajar said, “We would have taken the day it was revealed as an Eid” means that we would have honored this day and celebrated it every year, because the occurrence of the completion of the religion is tremendously great.” Because the Islamic Shari’ah is the last guidance to humans revealed by Allah, subhanahu wa ta’ala, it had to be complete, perfect, and able to suffice for all the needs of mankind in this life and the Hereafter. Allah says, “…This day, I have completed your religion for you…”#[5:3] and He says, “…And We have sent down to you the Qur’an explaining all things…” [16:89]

Ash-Shatibi said, “Ibn Habeeb said, ‘Ibn Al-Majshoon informed me that he heard Imam Malik saying, “Whosoever introduces any new matter to this Ummah (nation) which was not embraced by it’s Salaf (predecessors), then he would be claiming that the Messenger of Allah, sallallahu alayhe wa sallam, betrayed the Message (of Islam) because Allah says, “This day I have completed your religion for you, fulfilled My favor upon you, and chosen for you Islam as your religion.” Therefore, what was not (part of the) religion then it is not (part of the) religion today.” Ash-Shatibi added, “Allah sent down the Shari’ah to His Messenger with all the explaining that is needed for all mankind; the duties they are ordered to carry out and the acts of worship that are made obligatory on them. The Prophet, sallallahu alayhe wa sallam, did not die until the Religion was fully completed. Allah attests to this, “This day I have completed your religion for you.” Therefore, any one who claims that any part of the religion was left out or incomplete is belying the verse, “This day I have completed your religion for you.”

Ash-Shatibi then said, “But the intended completion is the completion of the broad fundamental basis. No needed base of the religion that is related to the essentials, necessities, or complements was ever left out without being explained in full. It is true that there will be some particular aspects that are not mentioned directly, but are left for the Mujtahid# to derive its rulings based upon these broad fundamental bases, because Ijtihad base is guaranteed by the Qur’an and the Sunnah and must be put into practice and not be abandoned.”

Aisha said, “Never believe whosoever told you that the Prophet concealed any part of the Wahyy (revelation), because Allah says, ‘O Messenger! Proclaim the (Message), which has been sent down to you from your Lord. If you do not; then you have not conveyed His Message.'” (Bukhari). Also, Abdullah ibn Amr ibn Al-Aas reported that the Prophet, sallallahu alayhe wa sallam, said, “It was obligatory upon all the Prophets before me that they lead their nations to what they know to be best for them and to warn them of what they know to be evil for them.” (Muslim)

In summary it means that Allah gave to the Prophet, sallallahu alayhe wa sallam, the ability to put the most comprehensive of meanings into a few words. This applies to both, the Qur’an and the Sunnah. Speech was very well condensed for him. This makes Shari’ah easy to memorize and transmit. This privilege is exclusive to this Ummah, as Allah says, “Nay, but it (Qur’an) is clear verses in the hearts of those endowed with knowledge.”#[29:49]

This evidence provide the following conclusions:

  1. 1-The Shari’ah is fully complete. It contains all that man needs to achieve a whole and sound life in this world and the one to come.
  2. 2-The Prophet, sallallahu alayhe wa sallam, conveyed the whole entirety of the Shariah and did not conceal any part of it.
  3. 3-The Prophet, sallallahu alayhe wa sallam, did not leave out any thing that is good for us but he led us unto it and left not any thing that is evil but he warned us from it.

This fundamental principal, the “Completion and Perfection of the Shari’ah,” ordains the following facts:

  1. – Since the Shari’ah is fully complete, nothing can be added to it nor subtracted from it. This fact establishes the invalidity of all types of Bid’ahs and invention, old and new.
  2. – The perfection of the Shari’ah and its transmission by the Prophet, sallallahu alayhe wa sallam, means that there is no place in this religion of Islam for such things as Ilmul-Batin, or inner Knowledge as some want to call it, that is contrary to the perceptible (Dhahir) or the reality (Haqiqah) of the Shari’ah. This guarantees the invalidity of all schools of thought and interpretation of the Batiniah (those who believe that there is more to the Shariah than its direct and perceptible meaning), as in the case of the Ismailiah atheists and some of the Sufis, among others; those who say that salah is not the bowing, the prostration and recitation but it is something else. Some of them also say that Paradise and Hellfire are just metaphors and symbols, and apply these and other similar concepts to the rest of the Shariah.
  3. – The completion and the perfection of the Shari’ah means that it is above, and free from, contradiction and inconsistency. Allah says, “Do they not ponder on the Qur’an? Had it been from other than Allah, they would surly find therein much discrepancy” [4:82] and “…And indeed it is an honorable and exalted Book. No falsehood can approach it from before or behind it: It is sent down by the One full of Wisdom, Worthy of all Praise” [41:41-42]. Some statements may seem to be in contradiction to one another. Such ‘apparent confusion’ does not apply to the scholars who know how to interpret each statement in accordance with its connotation. The Messenger of Allah, sallallahu alayhe wa sallam, said, “The Qur’an did not come down so for one part of it to contradict the other, but rather to confirm one another. Therefore practice the part you understand and refer the part you don’t to the one who knows it” (Authentic, Ahmad and Al-Baghawi)
  4. – The perfection of the Shar’iah means that in Islam every matter has a ruling governing it. This ruling can be an Order, a Prohibition or a Permission. This ruling can be direct and independent or included in some other comprehensive principle. Not knowing the ruling does not mean the Shariah is not complete, rather it means that the mujtahid, or the researcher for the ruling, was not able to find it and he must seek the help of some one who is more knowledgeable than him.
  5. – The perfection of the Shar’iah means that it is not in need for any of the previous abrogated religions or any human experiences-like the man made laws or any other philosophy. Therefore, any one who claims that the Muslims are in need of any such canons is considered to be a Kafer, or a disbeliever, for he belied Allah’s saying: “This day I have completed your religion for you.” [5:3] and His saying, “…Your Lord is never forgetful.” [19:64]. Equal in Kufr, or disbelief, is the one who claims that the Muslims are in need for the systems of Democracy, Communism or any other ideology, without which the Muslim lived and applied the rules of Allah in matters that faced them for fourteen centuries.

The Great Islamic Khilafah was established and flourished without experiencing any need for such ideologies. The Khalifahs used to administer territories of many different nations and races, which expanded from west of China to Spain. They ruled them by the Law of Allah. They appointed governors, cabinets, judges, controllers, etc. They used to collect the monies and spend them according to Islam. No one then said, “The Shar’iah Laws do not apply to governing or to economics” or “The Laws of Shari’ah are not fit to handle such matters.” The Messenger of Allah, sallallahu alayhe wa sallam, said, “The Prophets used to govern the children of Israel; every time a Prophet passes away another Prophet succeeds him and there is no Prophet to come after me and there will be many Khalifahs to come”. They said, “What do you command us to do?” He said: “Fulfill your pledge of allegiance to them one after another and give them their due right and indeed Allah will ask them about their fellow citizens.” (Bukhari and Muslim). Siyasah, or the government and statehood administration, means, “Administrating the matters in the best fitting manner.” Al-Mawardi said, “The Imamah (Statehood Administration) is founded as a succession to the Prophethood in safeguarding the religion and administrating the worldly affairs.” (Al-Ahkam As-Sultaniah, by al-Mawirdi, page 5)

Allah, subhanahu wa ta’ala, says, “And no example do they bring to you but We reveal to you the truth and the best explanation thereof.” [25:33]

Substituting Islam with man made laws is not allowed. It is not permissible to mix Islam with them-like those who claimed, “Islamic Socialism,” “Islamic Democracy.” Allah says, “Most of them believe not in Allah without associating (others as partners) with Him.” [12:106]

Mixing Islam with any thing else is considered to be a kind of associating partners with Allah, the Greatest. Allah says, in regard to distinction and independence of Islam from other religions and worldly systems, “Say O you Infidels I worship not that which you worship. Nor will you worship that I worship. And I will not worship that you have been wont to worship. Nor will you worship that which I worship.” [109:1-5] and “And rule and judge between them by that Allah has revealed, and follow not their vain desires, but be aware of them lest they beguile you from any of that which Allah sent down to you.” [5:49]

~~~*~~~*~~~*~~~*~~~*~~~*~~~*~~~*~~~*~~~

RULING BY OTHER THAN WHAT ALLAH HAS REVEALED

Shaikh Ibn `Uthaymeen on al-Hukmu Bi-Ghayri Maa Anzallallaah

Author: Shaykh Muhammad bin Saalih al-Uthaymeen

Source: Al-Qawl al-Mufeed `ala Kitaab at-Tawheed’ [2/263-269]

The following is taken from the Shaykh’s concluding remarks to the hadeeth of `Adee bin Haatim that he heard the Messenger of Allaah () reciting the verse, “They (the Jews and Christians) took their rabbis and monks to be their lords besides Allaah.” [at-Tawbah (9): 31]

Upon which I said, “indeed we did not worship them.” [The Prophet (saw)] said, “did they not make unlawful that which Allaah made lawful and so you too did the same? [Did they not] make lawful what Allaah made unlawful and so you too did the same?” I replied, “verily.” He said, “this then was the worship of them.” Reported by Ahmad and at-Tirmidhee who declared it hasan.

[The following points] are derived from the hadeeth: That obedience with the meaning of worship is a specific type of uboodiyyah.

Obedience in that which contradicts the Law of Allaah constitutes worship of the one obeyed. As for [obedience] in the worship of Allaah then this is [truly] worship of Allaah.

That following the scholars and servants in that which contradicts the Law of Allaah constitutes taking them as lords [besides Allaah]. Know that following the scholars or leaders in their making lawful what Allaah has made unlawful or the opposite [causes that person] to fall into one of three categories:

That he follows them while being pleased with their opinion and giving it precedence and being displeased with the ruling of Allaah – such a person is a kaafir because he has disliked what Allaah has revealed and as a result Allaah made his actions to be of no avail. No one but a kaafir has his actions rendered futile.

That he follows them while being pleased with the ruling of Allaah, knowing that it is the most ideal and best suited for the servants and the lands. However due to his following his desires he chooses this [other ruling] for example due to his [being offered] a position of responsibility. Such a person is not declared to be a kaafir, rather he is a faasiq.

That he does not know and neither is it possible for him to learn, so he blindly follows them thinking [that what he follows] is the truth. Such a person incurs no blame for he merely follows what he has been commanded and he is excused for this. This is why there occurs from the Messenger of Allaah () that he said, “indeed whosoever is given a verdict not based upon knowledge then his sin is upon the one who gave him the verdict.” If we were to say that this person is sinful due to the error of someone else then this necessarily leads to oppression and difficulty, and no person would trust any other due to the possibility of bearing responsibility for that persons error.

{The hadeeth is reported by Ahmad (2/321, 365), Abu Daawood (4/66), ibn Maajah (1/20), ad-Daarimee (1/53) and al-Haakim (1/126) who said, “saheeh, meeting the conditions of the Two Shaykhs, I know of no defect [in it].” Adh-Dhahabee agreed.}

If it is asked: why are not the second category [of people] declared to be kaafir? I would reply: if we were to say that they are kaafir then this would necessitate the disbelief of every person who commits a sin while knowing that he has disobeyed Allaah and knows that [what he has contradicted] is the ruling of Allaah.

A Benefit: A

llah has described those who do not rule by what Allaah has revealed with three descriptions:

“Whosoever does not rule by what Allaah has revealed then they are the disbelievers [kaafiroon].”

“Whosoever does not rule by what Allaah has revealed then they are the oppressors [dhaalimoon]”

“Whosoever does not rule by what Allaah has revealed then they are the sinners [faasiqoon].”

The People of Knowledge have differed concerning this. So it is opined that these descriptions in fact describe one and the same thing because the kaafir is a dhaalim due to the saying of Allaah, “And the disbelievers are the oppressors.” [al-Baqarah (2): 254] [Similarly the kaafir] is a faasiq due to the saying of Allaah, “As for the sinners then their abode will be the Fire.” [as-Sajdah (32): 20]

It is also opined that these are distinct descriptions and that they are [applied] in accordance to the situation:

So [one] becomes a kaafir in three circumstances, when he believes that it is permissible to rule by other than what Allaah has revealed. The evidence for this lies in the saying of Allaah,

“So is it the rule of Jaahiliyyah (ignorance) that they seek?” [al-Maa`idah (5): 50]

Everything that opposes the rule of Allaah constitutes the rule of Jaahiliyyah. [Also the evidence for this] is the definitive consensus that it is not allowed to rule by other then what Allaah has revealed. Therefore the one who considers it lawful and permissible to rule by other then what Allaah has revealed has contradicted this definitive consensus and such a person is a kaafir and an apostate. This [is similar to the case of one] who considers fornication or alcohol to be permissible or considers bread or milk to be unlawful.

When he believes that ruling by other then what Allaah revealed is equivalent to ruling by the rule of Allaah.

When he believes that ruling by other then what Allaah revealed is better than ruling by what Allaah has revealed. The evidence for this lies in the saying of Allaah, “And who is better than Allaah in judgement for a people who have certainty?” [al-Maa`idah (5): 50]

So this verse states that the ruling of Allaah is the best of rulings as is further proven by the saying of Allaah, endorsing this, “Is Allaah not the best of judges?” [at-Teen (95): 8]

So when Allaah is the best of the judges in ruling and He is the most just of the rulers then whosoever claims that the rule of other than Allaah is equivalent or better than the rule of Allaah is a kaafir because he has denied the Qur`aan.

[One] becomes a dhaalim When he believes that ruling by what Allaah has revealed is the best of judgements and the most beneficial for the servants and the lands and that it is obligatory to apply it. However hatred and jealousy lead him to rule by other than what Allaah revealed over his subjects – such a person is a dhaalim.

[One] becomes a faasiq When he follows his own desires. For example he rules in favour of a person due to being bribed by him, or due to his being a close relative or friend, or [because the ruler] seeks the fulfilment of a need from his comrades or the likes. This along with the belief that the rule of Allaah is the ideal and it is obligatory to follow it – such a person is a faasiq. Even though he is also a dhaalim, describing him as a faasiq is more befitting.

The strongest opinion is the second that these descriptions are distinct and that they are [applied] in accordance to the situation. As regards the one who lays down legislative laws, despite his knowing the judgement of Allaah and that these laws are contrary to Allaah’s judgement – then this person has substituted these laws in place of the Sharee`ah. Therefore he is a kaafir – this because he does not choose these laws and turn away from Allaah’s Sharee`ah except due to his belief that they are better for the people and the land than the law of Allah. But when we say that he is a kaafir, then the meaning of this is that this action leads to disbelief.

However the one who [legislates these rules] may have an excuse – for example he may be one who has been deluded: such that it has been said to him that this does not conflict with Islaam, or that it is something allowable as a case of benefitting the people (masaalih al-mursala), or that it is something that Islaam has left up to the [custom of] the people.

So there are some scholars – even though they are in error – who say that social transaction (mu`aamalaat) is something not dealt with by Islaam, and that rather it is referred to whatever is found to benefit the economy in each particular time. So if the situation requires us to establish usury banks or to tax the people then there is no problem with this.

There is no doubt concerning the error of [such a claim]. So if these people performed ijtihaad then may Allaah forgive them. Otherwise they are in a situation of very great danger and it is befitting that they are entitled `scholars of the state’ and not `scholars of the Religion.’

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