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PBEFACE

*-:,litfr\;;t

IN TTIE NAIVIE OF AIJ.ATI TIIE MERCXTUL TTIE @MPASSIONAIE

Glory be to Allah who taught man how to taad and revealed to him what was previously unknown. And may peace be upon Muhammad, thc unlettered Prophet, who was selected by Allah to invite and educate all people of the way lo Allah, who says : "There has come to you from God (a new light) and a perspicuous Book, wherewith God guideth all who seek His good pleasure to ways of peace and safety, and leadeth lhem out of darkness. by His will, unto the guideth them to a path that is light, - (V-rO) straight."

It is palnful to a Muslinr to see his fellow

Muslinrs going from bad to worse, getting weaker arrd more ignorant every day, not realizing

prudence and their negligence in applying it, notwithstanding its perfection and excelience. They are not aware that their tenacious adherence to defective secular laws has spoited their lives and brought upon them their present weakness and humility.

their ignorance of the system of lslamic juris-

that the real reason behind that deterioration is

I do believe that we deserted the lslamic Jurisprudence owing to our ignorance of its implications and the faiture of our canons of religion to, or their incapability of, educating us in it. Had every Muslim known his obligations towards the religion, he would not have failed to fulfil them. ln fact, every Muslim would have rushed forward to serve its cause and apply its principles.
I think that the best service a [\4uslim can render to his brethren is to educate them in lslamic jurisprudence and to reveal to them titose precepts which they do not kncw.

whleh have been demeaned by certain ignorant peoplo, who advanced unfounded illogical allegrtlont about them. I hope that this booklet would hclp to rectify some of our lslamic preceptr whlch are misunderstood by those who rocalvod secular education. I hope as well that It would persuade our lslamic scholars to change tholr eystems and adopt a new method for tarvlng the cause of lslam. After all, they are tha ruccessors of the Prophets and the followorl of The Messenger of Allah.
May Allah guide us all toward the right way. THE AUTHOR

I am writing this concise essay in r^rhich I have gatliered those necessary principles of !slamic larar, every educated Mustim should know, showing the correct views about the issuas
7

CHAF"TER

J{HAT A MUSLIM SHOULD KNO}I'

Muslims, take pleasure in belonging to lnd are proud of it. Yet, unfortunately, we know its most important injunctions and Ite major issues.

Iti

prlnciples of lslam. is meant the docand theories incribed in 'the Our'an lshed by the Prophet, (peace be upon l'Tha whole of these doctrines and theorles the "lslamic Jurisprudence". Thus, lsla-

mic jurisprudence is the totality of pr enacted by lslam in the disciplines of Div unity, faith, worship rituals, personal sta crimes, civil transactions, administration, poli tics and all other objectives and trades.
The main principle in lslam is to apply i laws and ordinances, as there is no point lslam to exist unless people know its principles perform its rituals and enforce its laws. ingly, he who neglects the enforcement of lslamic jurisprudence or restrains it, would neglecting and restraining lslam itself.

ItWl, lnternltlonal laws, etc' Thus, lslam comllnfr thc loculsr and the spiritual' the Mosque fnd tha 8tate. lt is a religion that embraces

itlilturl tnd gecular life simultaneously' As govcrn'

litth
mrnt ta the second integral part; one can dare ify lt lr the more important part' Othman lbnAtirn had truly expressed this fact by saying : i'Eod ,tg.t by the ruler what may not be urged bY thr Chrr'.n."
rnO bcllef are one part of lslam' the

Hffl

lslamic Jurisprudence for Secular and

U6e

lslamic laws and rules are of two

ca

commandments down for religious and spiritual purposes. The

ries : The first consists of

include the rules

of faith

and woiship.

second category comprises of the rules and administering and organizing the State, the

mcant to help people attain happiness in lhlr world and in the Hereafter' Hence' all secu' ii aottrt,tts have their relevance to worship' or $y worship or civil, penal, constitutionalthis repercussions on iitirn.tton"l act has its [iifafv llfe, which might be the fulfilment of a ilii, itt" establishment of a right or nullilving a resIt, tha lmposition of a penalty, or incurring has its effects fOnrtbtltty. Yet, such an act which [i mrnAtn" life, has another consequence in the life, i.e., the reward in the Hereafter'

Thc numerous and diversified rules of lslam

lfhltt.t

vernment and the community, as well as relations between individuals and their ities. These include the rules of human behavi penal laws, laws of civil status, constitutiona
10

and in the mlklng peopte happier in this world iltrntft., it foltows that jurisprudence must be -tgnrfderea indivisible, or an integral whole'
11

Aa iurisprudence is meant to be a means of

because adopting a part thereof and dropping other part lvould not be conducive to the achir ment of its objectives and purpose Any of Our'anic texts containing these laws and rul reveals that any violation of them invokes sanctions : one secular and the other cel For instance, a brigand is punished by death by chcpping off some of his limbs, or by fixion or exile - all these are mundane penalt to be addecl to heavy punishment in the after. God says :

t'Thoac who slander chaste women, indis' 0rlto br.rt believing, are cursed in this life tnd ln tlre Hereafter : For them is a grievous pfnalty, On the day wlren their tongues, their hfnda arrd their feet will bear witness tgrlnst them as to their actions. On that day Ood wlll pay them back (all) their just dues, lnd thoy rivill realize that God is the (very) Truth, tlrat mal<es all things manifest."

"The punishment

oi those who wage

(xxlv-25)

against God and His Apostle and strive wit rniglrt and rrrain for mischief thror_rgir the is : execution, or crusifixion, or cutting of of hands and feet from opposite sides, exile from the land. That is their disgrace i this world, and a heavy punishment is their

lntcntlonal murder has two penalties : reta' llftlon ln this world and torture in the Hereafter. 6od myc : "YcE who believe, relation is prescribed to you in cases of murcler." ill-178)

in the Hereafter." (V-36)

As well scandalous talebearing and tion of chaste women are punishable in world and the Hereafter. God says :
"Those who love (to see) scandal publ broadcast among believers, will have grievous penalty in this life and in the after." (XxlV-I9)
12

Ilf I

matr kills a believer intentionally, his rccompense is hell, to abide therein (for'

ov6r)." (lV-93)
We can hardly find a itrdgment in accordance

wlth lalamic jurisprudence without entailing

13

consequent penalry in the Hereafter. lf we meet with such few cases, these are qualified God's saying :

ebldo thorein, and they shall have a humiliat5ng

prrnlahment." (lV-13.i4)

"ls then the man who believes no bet

than the man who is rebellious and wicked Not equal are they. For those who bel and do righteous deeds are gardens as pitable homes, for their (good deeds). A to those who are rebellious and, their abode will be the fire : every time uvish to get away therefrom, they will forced thereinto, and it will be said to them "Taste ye the penalty of the fire, that whi ye were wont to reject as false."

(xxx[-19-20)

Eueh laws for both secular and religious 0onduct have not been haphazardly legislated. Ihcy ora, ln fact, a result of the general logic of lsltnrlc f urisprudence, which considers this world prlnclpally a trying, evanescent abode, whllo tha Hereafter is the eternal and rewarding ebodo, lt assumes that man is responsible tor his dc,pdt ln this world and shall always have his fa6ornB6n8e for the same at least in the Hereell6r, lf does good, it is for his own credit, and lf ht dr:os bad, he shall pay for it. But suffering a panrrlty in this world does not commute or ahollah that of the Hereafter, unless man repFr'rts.

And

"...those who obey God and His Apostle wil be admitted to gardens with rivers flowi beneath, to abide therein (forever) and will be the supreme achievement. But those who disobey God and His Apostle and transgress His limits will be admitted to a fire to
14

lslamic jurisprudence is distinct from mantrrrdo lcgislation in that it blends religion with pocular deeds and promulgates precepts for this tvorldly life for the life Hereafter. This is the !6naon that urges compliance with its teachings rn the public and private life of Muslims, during lholr prosperity and duress. Muslims, according Irr their jurisprudence, believe that such response is a phase of worship which brings them nr|arer to their God, and that they shall be re15

warded for it. Those who are in a position make mischief without being caught and ed, would agstain fronr such deeds for fear punishment in the Hereafter and in order not provoke the anger of God upon themselves. Su a belief helps in curtailing crimes and main ing security and order in society. This is con to the case rvhere man-made legislation is in ce. Their laws do not touch upon the conscie of the concerned individuals, as they do not these laws except for fear of being penalized i accordance with the prescriptiorrs of these law alone. Thus, if somebociy is capable of mitting a crive without being subjected to leg prosecution, he would have no restraint, eit moral or religious, to stop him from doing i That is a reason why in countries applying man made legislation, crimes are progessively creasing, morals are degenerating and criminal among the educated are more frequent. The in crease of crime among the educated is due the prevalence of their moral disirrtegration because such classes are more capable of evaCing the laws than others.

Jluiltp:ud.m. .rc lndlvlrible

All lrwr lrrulng from lslamic jurisprudence lnClvlrlbh rnd lneeparable, not merely bethflr dlrlunctlon vltiates the objectives of

fmllolt lurlcprudential injunctions that pro

FfOpla from adopting some laws, or believln lhem, whlle neglecting or denying the lfwr, !n truth, the injunctions necessitate lFPllortlon of all the laws and the absolute In rll that ls implied by the entire system lflfmto lcglelation. Any deviation from such alve compliance would be subject to lndlctment:
r',,,Thcn ls

ll

florcmcntloned, but also because there

lt only a part of the Book that ye brllcvc ln, and do ye reject the rest ? But whrt ls the reward for those, who among you, behave like this but disgrace in this llfc ? And on the Day of Judgment they shall
bc consigned to the most grievous penalty." ([.85)

Thcre are many verses of Our'an which ld the compliance with part of Divine legis, whlle dropping the other part. Here are of them :
17

16

"Those who conceal the clear (Signs) have sent down, and the guidance, after have made it clear for the people in Book, on them shall be God's curse, and curse of those entitled to curse. those who repent and make amends openly declare (the Truth) to them in tu for I am Oft-returning, most Merciful."
(il-1s9-160)

t'lhill
llhaff

lpltlll, rrylng r 'Wc belleve in some but illltl othlrt', rnd (those who) wish to take
l|0uiaa mldwty, they are in truth (equally) Unbrllrvrrr,, (tv.tSt )
tl?o

who drny Ood and Hls Apostles, and whol wlrh to scparate God from His

lhm Wl rcnt the Scripture in truth conllmtng tho Scrlpturo that came before it ld $rdlng lt ln safety : so judge between
trUth thrt hrth come to thee..."

"Conceal" in this context means to with some laws but not with others; admitti some wlrile denying others. And again, God sa
"Those who conceal God's revelations in t Book, and purchase for them a misera profit, they swallow into themselves naug but fire. God will not address them on t Day of Hesurrection, nor purify them : G ous will be their penalty." They are ones who buy error in place of guidance a torment in place of forgiveness. Oh ! boldness (they show) ior Fire !" (ll-174-175 "Therefore, fear not men, but fear Me, an sell not My signs for a miserable price. any do fail to judge by the (light of) God hath revealed, they are (no better than unbelievers." (V-4)
18

{Un by whrt God hath revealed and fotlow |Fl thrlr vlln dcsirea diverging from the
'1,,,Ittd

thlt (Hc commarrds) : iudge thou hrtw[n tham by what God hath revealed,
fnd lollow not thelr vain desires but beware el tham lcrt they beguile thee from any of thlt (tuohlng) whlch God hath sent down il thm. And lf they turn away. be assured thft lor lomc of their crimes, it is God's FUrpOar to punlrh them. And truly most men l?! trbcllloua. Do they then seek after a ludgmrnt of (tho days of) ignorance ? But who lor a pcople whose faith is assured. Oln glvc better judgment than God ?"
(Y.t7.c0l

19

lslarnic Jurisprudence is Universal and Divine Islamic jurisprudence is characterized by unique universality and comprehensiveness. I was sent by God to His Apostle, (peace be upon him) for the propagation o lslam among all peoples, Arabs and non-Arabs Easterners and Westerners, from every walk o life and irrespective of their customs and history It is a system of legislation relevant to family, each tribe, each community, each and, in fact, it is the universal legislation wh human canons of law could perceive but not make, God says : "...Say (ye Muhammad) : 'O men ! ! am sen

fiml, ltlrtlng from the flrst day of the Prophet's nhllon, rnd cndlng on the day of his death, or En thr dry whcn the following verse was re'

Yfilrd:
"Ihlr
day have I perfected your Religion for you and have Ieu, oompleted My favor upon ohorln for you lslam as your religion'" (V'4)
pronounce'

unto you
(vlLtss)

all as the

Apostle

of

God...

"lt is He who hath sent His Apostle

guidance and the Religion of Truth claim it over all Religion." (lX-33)

withr
pro-

to

lslamic Jurisprudence is Perfect and Permanent

God has sent this jurisprudence, complete it is, in a short period of

nmt rfhtlvt to the perfection and permanence d thr lurlaprudence, especially gince another Utlll hm cxpressly stipulated that Muhammad lrffgr bc upon him) is the last Prophet : your "Muhammad is not the father of any of (he is) the Apostle of God and the mtn, but Bml of the Prophets..." (XXXlll-4O) ll one scrutinizes the rules and laws of lrlrmtc furlsprudence, one becomes satisfled thrt thcy are complete, without defect' They tffibrucc and organize matters concerning indi' yltlutlr and societies, the personal status, deal' lngl rnd all sorts of private transactions, govern' mlnt and administration, political affairs as well ll othcr matters concerning nations and their Itlrtlons wlth others during war and peace'
lclamlc lurisprudence was not revealed for
21

Thh vcree ls the authoritative

and comprehensive, as

ture to normal laws, its form and would not have assumed the characteri mentioned above. ln fact, it would have primitive set of laws necessitating periodic luation. Nor could it have contained such concepts and theories as were known until
cently, and which would have taken years of development to reach its present dard.
Basie Differences

nric and man-made jurisprudence we can ri say that the nature of the two is quite dif lf lslamic jurisprudence were similar in its

human societies: Both Itwf hrvr thc mme oblectlves, but lslalta not rublcct to change or substitu' hllgrlly lpcrklng, thls peculiarity necessi'
r,

thr rf{rln of

'

"1

Thrt thc prlnclples of legislation as well thc tcxt of Provlsions must be of fuoh claatlclty and universality that thry would embrace all the require' mantl of human society regardless of thr hPre of tlme, societal evolution and tho multlpllclty and diversification of humrn needs.

lf

lslamic jurisprudence differs from

made laws in three aspects
:

l,

First : lslamic jurisprudence is inspired God, while other laws are made by men. constituent of lslamic legislation reflects clarity the attributes of its author. M laws bear the limitations, weaknesses and comings of human beings, and accordingly, laws are always susceptible to modifications change, or to what we call legislative in response to a certain degree of social tion which had not been apprehended by
24

Thrt these prlnciples and texts must be to pcrfect and comprehensive that they would not fall short in matching the rtrndard of the society at any point in tlmc.

ln truth, the above logical requirements are lnhfrrnt ln lrlamlc iurisprudence, and its prin' ililtr tnd provlslons are universal and elastic te thr axtrcmo, and are absolutely far'reachlng lnd prrfcct. Thls lurisprudence has been in exis' Fnor for more than thirteen centuries, dwing

Whloh oondltlons have changed more than once, rnd lclences have greatly evolved, lndus-

ldil

25

laws. Law is subject to chango again when new incidents, not known beforehand, take place. Thus, law is permanently defecilve, incomplete and never perfect and cannot predlct the future, though it may comprehend the past.
On the other hand, hlamlc Jurlsprudence is lt bears the mark of Hls omnipotence, His perfection, Hls magnanlmlty and Hts illimitable knowledge of a[ that lr tn belng. That is, it was complled by thc All.knowlcdgeable, the Ailcapable God ln such e manncr that auits present and future conflngcncler rllkc.
God-made.

lrlca and discoveries have developed

beyond

Sccond : Lawa aru trmporery rules enacted by thc soclcty to admlnlrtor ttr current affairs and mcct ltc proxlmetc nordt. Thua, they are actually behlnd thc rtrndrrd of advanctng societicE, or at thc bcat, thcy trc at thc rame standard on thelr datc of l!.ur, Of nocctalty, they become backward aftcr r whlle m long as they do not changc qulckly to ortoh ,p -,ntth tf," evolutlon of soclcty. Tomponrlly, ia*o would sult the condlflonr of thg aoolrty lt or for a certaln tlme, but thcy would hrve to bc changed whenever condlilonr chrngo,

lmaglnation and principles and rules of manmede laws have been frequently altered for the purpose of adjusting themselves to the novelties of progress with its diversified conditions and clrcumstances. This continuous modification has gooe on for so long, that the present principles of human legislation are completely different from those prevailing when !slamic jurisprudence was inspired. Despite this great change, the lelamic principles of jurisprudence, owing to thoir excellence. continued to be appllcable and proved to be in advance of any socia'l standard at any time, most appropriate to man's instincts and most reliable in maintaining his security. This magnificent fact is attested by historical realities to the credit of lslamic jurisprudence. Our'anic injunctions are still more con. vincing when viewed from this perspective. God says :
"...And consult them in affairs..." (lll-lSg)

And

By contrast, lcllmlc furlrprudcncc ts the totality of permancnt rulcr orlglnrtcd by God to

2C

"...Their affairs are (conducted) by mutual consultation." (XLll-38)

27

And

"Help you one another in righteousness and piety, but help ye not one another in sin and

rancor." (V-3)
The Prophet says : "lslam forbids harming others and oneself." These statements from the Our'an and the Tradltions show the extent of ge-

opportunity to know or realize except after long conturies of work and experience. But God saved the searching humanity of much unproductive strain by revealing this jurisprudence, which is exemplary of perfection, with a view toward orienting people to good deeds and virtues and toward achieving exaltation and human perfection as people endeavored to attain the noble standard required by His jurisprudence.
Laws were originally enacted to organize the

nerality and elasticlty which one cannot

go

beyond. They establlsh the prlnctple of consultation as the basis for governmont Eo that no harm

or enormity could posslbly be lnflicted on the

community and where cooporatlon for doing the good and righteous deede could be realized. By such principles, lslamlc Jurlsprudence has reached a more exalted level of perfecflon than man can ever attain. Thlrd : The obJecttve of the Jurisprudence is to organize and direct the soclety, to cultivate the right kind of indivldual and to establish the ideal state and the ideal world. Because oI this, its provisions were much more ln advance of the standard of societies at the time they were inspired. They are still ahead of our contemporary conditions. They entailed principles and theories that non.lslamic communiiles had never had the
28

functions of society, but not to guide or pilot it. This explains our statement that laws fall behind the development of society. Laws have assumed the new function of guiding society and organizing it simultaneously only when states have started adopting new doctrines and have resorted to legal amendments as a means to orient their peoples towards specific ideas and the achievement of certain purposes. This is the situation in Russia, Turkey, Germany, ltaly and many other countries. ln this way, man-made laws have finally come to acquire the determinant functions assumed by lslamic, jurisprudence, thirteen centuries ago.

29

Advantages of lslamic Jurisprudence ovcr laws We may deduce from the above that lslamic jurisprudence has three main advantages over man-made legislation :

continue to be peerlessly appropriate in every society and in every age.

Method of Legislation

1.

Perfection : lslamic jurisprudence has the advantage of perfection over manmade laws. By this it is meant that it entails all that a perfect and completg legislature may require in the way of judicial decisions and concepts necessary to meet the needs of human societies at present, and in the near as well as the remote future. Excellence : The principles of lslamic jurisprudence are always above the social standards of societies while, by virtue of their intrinsic contents, they maintain their excellence, however
much human standards may rise.

2.

lslamic jurisprudence was originally structured by Allah for the purpose of administering the activities of people in their different phases, and to be the arbiter in all their secular and spiritual affairs. However, !slamic jurisprudence did not inqlude detailed provisions for partial and subsidiary matters as is the case with manmade laws, but achieved sufficiency by giving Divine statutes in elastic general terms and provisions. Even when a subsidiary provision was mentioned, it was because the issue in question was consldered a principal one, entailing some
other minor questions thereund6r. The principal injunctions stipulated by lsta-

3.

Pcrmanence : lslamic jurisprudence, unlike man-made laws, is distinguished by its inrmutability, as its fundamental provisions are not subject to modification. Nevertheless, these provisions
30

general precepts of lslamic legislation, its image that reflects its characteristics and its landmark that defines its scope. lt was teft to the jurists and legislators to build up the legat structure on these foundations and in accordance with these broad regulations enacting legislailon for the
31

mic jurisprudence are rightly considered the

details and subsidiary issues within the circumference of the lslamic principles of jurisprudence.

atquently, such a restriction confines the right ol loglslation to two categories :

There was only one'way

of legislation

open

a.

for lslamic jurisprudence to be consistent with itself and to preserve its characteristic excellence, perfection and permanence. Excellence and perfection require clear texts defining the principles and doctrines which enshrine prosperity and happiness for society, and which bring about justice, equality and benevolence among individuals, thus exhorting them to contend for progress and excellence. Permanence,
by definition, requires that no provision would be set for a temporary case which would be ad'

Executive legislation, intended to gua' rantee the implementation of the pro' visions of lslamic jurisprudence. ln this case, legislation takes the shape of rules and regulations similar to those presently issued by government offi' cials in the course 0f their daily respon' sibilities, for the puropse of ascertaining the execution of the relevant laws.

b.

judged differently whenever circumstances differed.

Bulers' Rights of Legislation Though lslamic jurisprudence confers upon

the ruler the right to legislate, this right is not absolute. In fact, it is a right restricted to this
condition : that whatever the ruler may legislate, must be compatible with the text, spirit and general principles of lslamic jurisprudence. Con'
32

organize the society, protect it and meet its needs in accordance with lsla' mic iurisprudence. Generally, such legislation is not called for except in such cases where there are no relative provisions in jurisprudence administer' ing them. ln any circumstance, legisla' tion by rulers must be in harmony and in agreement with general principles and the spirit of the original jurisprudence.

Organizational legislation, intended to

33

Rulers Exceeding their Limits

It is the concensus that all acts of the ruler are legitimate so long as they are within the framework of lslamic jurisprudence and compatible with its iudicial decisions and spirit. Then, and only then, would the ruler be acting within his rights and accordingly, should be obeyed. However, if he acts otherwise, issuing laws vuhich contradict the juriiprudence, his acts or laws become illegitime and objectionable. This statement is based on the Qur'anic verses :
"O ye who believe, obey God, and obey the Apostle and those charged with authority among you. lf you differ in anything among yourselves, refer it to God and Apostle."
(rv-ss) "Whatever it be wherein you differ, the decision thereof is with God." (XLll-10)
Thus, Allah imposes on us obedience to Him, His Apostle and our rulers. Such obedience is commanded by Him alone, not by the Apostle nor by the rulers; and thus, if the rulers contravene the injunctions of God, they cannot command any loyalty over us nor expect our obe34

dlonce. Their rule and authority then become lllogltimate.

The Apostle (peace be upon him) has conflrmed this implication by saying : "No obedienco shall be observed by created (beings).to thoee who command disobedience to God." And again : "He who commands you to sin, has no outhority over you."

Do Rulers Act within their Limits ?

ln most of the lslamic countries, since the last century, rulers have been formulating codes of laws in the various legislative matters on the same pattern as that followed by European countries. As a matter of fact, they copied European constitutional, criminal, civil, commercial and other codes without reference to lslamic jurisprudence except in a few minor matters such as Waqf and the like.

It is only fair to admit that many oI these codes do agree with the basics of lslamic jurisprudence and do not contravene its general principles. But it is only fair as well to state that some of these codes run contrary to our juris35

prudence and have been established on principles opposed to it. For instance, certain of the said codes allow adultery in most cases and consumption of alcoholic beverages while lslam categoricallY Prohibits both.
I should like here to draw attention to those Muslim countries which voluntarily opted for European legislation. These countries had no intention whatsoever of contradicting lslamic jurisprudence. There is no better prool of this than the Egyptian penal law decreed in 1883' in which Article I stiPulated :

I should like to add that in my opinion, rulers ln the majority of Muslim countries, whether in the past or at present, never thought of contra' vening tslamic jurisprudence. Nevertheless, many of the laws of such countries were formulated contrary to the principles of lslamic iuris' prudence, despite the inclination of the rulers to do otherwise. The reason for this paradox is that the authours of such laws were either Europeans completely alien to the dictates of lslamic iuris' prudence, or Muslims who studied European law but never made themselves familiar with lslamic

law.

"lt is the prerogative of the Government to

punish the crimes inflicted upon individuals on account of perturbing public security caused by such crimes. Crimes committed against the Government directly are like' wise punishable. Accordingly, this law has specified the degrees of penalties which legitimate rulers are entitled to impose, but without prejudice, at any rate and in any case, to the individual rights as inscribed in lslamic jurisPrudence," Effect of Law on lslamic Jurisprudence from Practical Point of View
Consequent to the introduction of European

law to Muslim countries, special courts were established. The judges of these courts were appointed from among Europeans or indigenous

This text was copied from the Turkish law enacted in 1853.
36

scholars who had never studied lslamic jurisprudence. The new courts considered themselves entitled to assume iurisdiction over all kinds of litigation; a jurisdiction which, practically speak' ing, left inoperative and neglected the analogous
37

decisions of lslamic jurisprudence, especially since the newly-formed courts did not apply any but their own laws.
Besides, educational authorities have established special schools to teach the new philosophies of law. Naturally, such schoots gave full attention to the study of the European codes, neglecting lslamic jurisprudence, except in the instance of a few matters such as Waqf. This attitude led to a lamentable end, inasmuch as nearly all the jurists, who were among the elite of the educated, were kept ignorant of the principles of lslamic law. lt is lamentable because this ignorance is equivalent to their ignorance of the jurisdiction and rules of their religion, which is the religion of all countries claiming to be lslamic. This same ignorance led to the introduction and integration of the meagre provisions cited from European law, though these were diverse from the implications of Islamic jurisprudence, in some cases. For instance, the Egyptian penal law stipulated that all its provisions should be applied without prejudice in any way to the rights of individuals as established by lslamic jurisprudence. But despite this express proviso, Egyptian
38

lurlsts felt no need to acquaint themselves with tha details of the rights declared by lslam. They oonfined their competence in the study of indivldual rights to what was inscribed in the French legal system and to what the French jurists have oxpounded, validating them on the same legal bases as did the French. Egyptian jurists went far in this direction, being influenced by two factors :

First : They did not study lslamic jurisprudence and knew nothing of its principles and
provisions; Second : They bound themselves by the views and precedents of the European jurists generally, and the French specifically, allowing what they allowed and prohibiting what they prohibited. lt goes without saying that the European jurists knew absolutely nothing about lslamic jurisprudence.

Effects of Laws on Jurisprudence from the Theoretical Point of View

While lslamic jurisprudence was practically rendered inoperative by this adoption of man39

made laws, such laws have had no effect on the

jurisprudence from the theoretical point of view. The provisions and precedents of lslamic iurisprudence are still unmatched in validity and are superbly qualified for application in all cases. There is a basic rule in both jurisprudence and law that no provision can be abrogated except by an identical or more authoritative provision. ln other words, legal provisions cannot be abrogat' ed except by other provisions enacted by the same lawgiver, or by a body having the same legislative jurisdiction or superior jurisdiction relative to that of the initial legislator. Therefore, the only provisions which Could abrogate lslamic jurisprudence would be either Our'anic verses or the Sunnah (Tradition), because our jurisprudence is the totality of both the Qur'an and the Tradition of the Holy Prophet' But there can never be additional Our'anic verses, because its revelation ended with Muhammad (peace be upon him), and there can never be any further Tradition, because the Prophet has already passed away. Furthermore, no one can presume to hold the enactments of our legislative bodies as equally authoritative as the Our'an and the Tradition, and certainly no one can contend that such bodies possess the same
40

loglslative jurisdiction as that possessed by God nnd His Holy Prophet. All that may be said in this context is that our rulers have no legislative powers, but only executive ones, as previously lndicated. Legislation is confined to God and the Prophei, and lslamic jurisprudence has already become firm and absolute, since the days of its revelation have elapsed with the passing away of the Holy Prophet and with the end of Divine Our'anic inspiration.

Conflict Between Laws and Jurisprudence

ln those instances where there is conflict between the provisions of man-made laws and the dictates of lslamic jurisprudence, the latter should be applied, and not the former, becausc of three compelling reasons :
First : The provisions of jurisprudence are still valid and cannot be abrogated by any
means, as indicated previously; whereas the provisions of man-made law are revocable.

This means that the more meritorious provisions of lslamic jurisprudence are stronger than those of man-made law.
41

Second : Jurisprudence adjudges that whatever runs contrary to its provisions is void and should not be heeded or observed, as explained before. To that extent, all laws contradicting jurisprudence are to be con' sidred null and void.

Third : ln accordance with the basic prin' ciples of law, all laws that conflict with jurisprudence, and accordingly are ineptly deviate from their objectives, become per se null and void.

thr case with the laws presently guiding Muslim 0ountrles. As mentioned before, many of them lrt ln conflict with lslamic jurisprudence and hrvo thus become aberrations of the principles On which laws are established and of their obfoctlves. Such conflicting laws lose their legitimacy altogether. lf we acquaint ourselves with the principles of lslam, we can easily understand how the very laws decreed in Europe for the purpose of realizlng prosperity, security and peace among individuals, can be the main caustic element produclng a monstrous predicament in an lslamic society, an affront to its members that incites bitterness and acrimony in their hearts. That makes the majority antagonistic towards these laws, instigating restlessness, disturbances and chaos. To explain such an occurrence, the following must be taken into consideration : First : lslam prohibits every Muslim from adopting laws inconsistent with lslamic
jurisprudence. Any provisions not in conformity with the texts of this jurisprudence or its general principles and spirit, are categorically prohibited by those clear precepts wherein God has indicated but two alter43

How do Conflicting Laws Deviate ?

Essentially, man-made laws are set up in order to fulfill the needs of the society, to establish a certain organization within it and to provide for security and peace among its individual members. One of the paramount needs oI a society is protection of its creed, faith and social order. ln lslamic countries, the totality of the social order is based upon lslam, and the creed and faith of the great majority is lslam. lt is then but natural that whatever laws are introduced into such a society, should completely accord with lslamic jurisprudnce. Unfortunately, this is not
42

natives : That either people respond to and His Prophet, i.e., follow what the phet has commanded, or that they follow' their own desires. "And who is more astray than one who foltows his own lusts, devoid of guidance from God ?" (XXVlll'sO)
God says also
:

with what He has prescribed. ln fact, God has commanded the faithful Muslim to renounce any judicial decision other than Hls,

considering the acceptance of the laws of others to be great perdition and submission to Satan. God says :

"Then We put thee on the (right) way of religion : so follow thou that (way), and follow not the desires of those who know not. They will be of no avail to thee in the sight of God. lt is only wrong'doers (that stand as) protectors, one to another; but God is the Protector." (XLV-18, 19) Further
:

"Hast thou not turned thy vision to those who declare that they believe in the revelations that have come to thee and to those before thee ? Their (real) wish is to resort together for judgment (in their disputes) to the Evil One, though they were ordered to reject him. But Satan's wish is to lead them astray, far away (from the Hight)." (lV-60)
Therefore, to seek judgment by means of legislation, apart from what God had revealed and what the Holy Prophet has ordained, is to resort to the machinations of the Evil One and to accept his verdict. ln such an instance, the "Evil One" becomes anybody upon whom man may confer an estimation beyond human limitations, whether by worshipping him, following his dictates, or paying allegiance to him. The "Evil One" of any group of people that person to whom they resort from authoritative judgment in their disputes apart from God and the Prophet, or whom they
45

"Follow (O man) the revelation given unto you from your Lord, and follow not, as friends or protectors, other than Him : little it is ye remember of admonition." (Vll'3)
Second : God does not allow a believing Muslim to accept any law other than that of God, nor any commandment inconsistent

in worship and follow other than God' or obey matters'that vitiate obedience to God' Once a person believes in God, he should not defer to the decision of some one else, nor accept any judgment other than God's' Third : God does not allow the faithful Mus' lirn to choose, or be satisfied with' anything other than what He and His Prophet have legislated. God saYs : "lt is not pernrissible for a believer' man or by vJoman, when a matter has been decided any option God and His Prophet, to have about their decision..." (XXXItl-36)

than) wrongdoers."

(V-48)

"And if any do fail to judge by (the light of) what God hath revealed, they are (no better rhan) those who rebel." (V-so)

Fourth : God has commanded that atl iudicial decisions and statutes should be in ac' cha' cordance with the Revelation' and has racterized as no better than unbelievers tlrose who do not comply with His iudgments. He has further called them wrong' doers and rebels :

"lf

any do fail to judge by (the light of) (no better what God hath revealed, they are than) unbelievers'" (V'47) "And if any do fail to judge by (the light of) (no better what God hath revealed' they are
46

of Qur'an and Muslim jurists that any MusItrrr who legislatively innovates, or enacts laws rrrr;orrsistent with wlrat God has revealed, enforctrrrl his own lavrs while renoucing the revealed r n(,s - unless he believes that his innovated or r,rll-in'lposed lalvs are a correct interpretation of (lrrl's revelation would be classified under rrrrr: of the above categories. For example, if a rulor does not apply the lslamic penalty for theft lr slander or adultery, preferring the judgments ul nran-made law, such a ruler would be consirlr:rcd definitely an unbeliever. lf a ruler fails to r'l)nly lslamic jurisprudence for reasons other llr;rrr disbelief, he is considered a wrongdoer, rrrrrl if , as a result of neglecting lslamic jurisprurlenr:e, he violates a human right or overlooks a principle of justice and equality, he is consirlcrr:d then a rebel.
God made belief in Him conditional on accepting the judgment of His Prophet in a.ll issues of difference that may arise

il:;

It is the consensus among the

interpre-

Fifth

47

among Muslims, provided that such accep tance is not accompanied by grudge and re sentment, but is coupled with submission and conviction. God declares :

allegiance and obedience to any human ruler ie not absolute. Obedience is due only within the limits prescribed by AIlah and his Holy
Prophet.

"But no, by thy Lord, they can have no (real) taith unti! they make thee judge in all dis' putes between them, and find in their souls no resistance against thy decisions, but ac' cepr them with the fullest conviction'"
tlV-65)

"O ye who believe ! Obey God and obey the Apostle and those charged with authority among you. lf ye differ in anything among yourselves, refer it to God and His Apostle."
(tv_ss)

Sixth : All that contravenes lslamic iurispru' dence is forbidden to Muslims, even if it is commanded by the sovereign, whatever his authority may be. This is because the legis' iative right of the ruling authority is subject ro the condition that its results must accord with the general principles and legislative spirit of ls!amic jurisprudence. lf the sove reign takes liberties by exceeding his limits, rris jr-rdgment does not transmute Divinely' prohibited laws into permissible ones, nor would it justify a Muslim in adopting these laws. Ocr the contrary, it becomes incumbent upon every Muslim to disobey such laws that allow the prohibited thing and to abstain from applying or executing thcm. because
48

"Whatever it be wherin ye differ, the decision thereof is with God." (XLll-10) The scope of obedience due to rulers is r;loarly determined in the Traditions. The Prophet (pcace be upon him) says : "No obedience shall lrc observed by created (beings) to those who command disobedience to God." He said as well : "Obedience is due only in good deeds." Arrd further :"You should not obey him who comrrrands you to do that which is prohibited."

The Companions of the Prophet, Muslim scholars and jurists are unanimously of the opirrion that there is no claim of allegiance to the ruler unless his commands are issued for the purpose of promoting obedience to God; that the
49

ruler is not entitled to any allegiance if he commands disobedience to God; that permitting what is unanimously considered to be prohibited consumption of alcohol, fore- such as adultery, going tslamic penalties, blocking the execution of tslamic jurisprudence and authorizing what ruler a disbeliever God forbids - makes such a and a condemned apostate. Accordingly, revolting against an apostatizing ruler becomes a duty on Muslims, and the smallest degree of rebellion against him is to at least disobey those orders of his which are not compatible with lslamic jurisprudence.

were originally enacted to protect creeds and beliefs do vehemently violate these creeds, and degenerate people once they provide for the imposition of any act that transgresses the principles of lslamic jurisprudence.

Seventh : The provisions of lslamic jurisprudence are indivisible and inseparable. lt is for this reason forbidden to Muslims to accept the application of some of its provisions while dropping others. We have dealt with this point and substantiated it above.
These are some facts drawn from lslamic principles, and some quotations from the Qur'an and the Traditions which portray the real attitude of the Muslim who understands and believes in his religion. This is an example of what every Muslim shoutd observe and act upon' Laws which
50
51

GHAPTEB II

MUSUMS' KNOWLEDGE OF THEIR

JURISPBUDENCE

The knowledge Muslims possess of their jurisprudence differs according to their circutnstances and education. They may be divided into three groups in this regard' The first is the un' educated. The second is those who received Eur:opean education, and the third comprises those who received lslamic education. We pro. ceed to discuss each group separately.

The tlnoducatcd This group contains the illiterate and those

who have such a small amount of education that they have difficulty in understanding indepen. dently ideas submitted to them, as well as inability to give a correct opinion about those ideas. lndividuals within this group do not know anything about lslamic jurisprudence except superficial information about the rituals of worship, ir.l imitation of their fathers, fellowmen and spiritual leaders. lt is guite rare to find among them one who performs his worship as an expression of rellance upon his own study and personal information. Unfortunately, the Muslim majority can be classified under this group, a possible B0o,,o majority of the total Muslim population in the world. These individuals are greatly influenced by the directions of the educated, whether such are educated on European or lslamic lines. However, they are more inclined to listi:n to the lslamicalIy-educated in matters related to religion, since those are expected to be more knowledgeable than others about such issues. But when the people cannot comprehend the relationship between a certain issue and lslam, they follow the lead of those who have a European education.

to take hold of the sentiments of this group and guide it towards the right way, if they but con' vince them that all matters in this life are related to lslam, and that their belief is never complete unless all secular affairs are treated on the basis jurisprudence' of , and according to, lslamic Sadly, the learned Muslims in most of the lslamic countries are inconsiderate of these people with their vast numbers, leaving it to them to groPe about in ignorance, imagining that they are fol' lowing the right way when in reality they are astray and in deviation from it. ln fact, the masses are misled by the silence of those who are custodians of lslamic teachings, and by their rregligence in efficiently advocating its mission'

The European'Educated

This group comprises most of the educated individuals in lslamic countries' Their majority have received secondary education and there is a large number of those who have higher education, among Whom are judges and lawyers' medi' cal doctors, engineers, educators, administrators and politicians.

It would be quite fea$ible for Muslim iurists

54

Members of this group, being educated in

55

the European fashion, know no more about lslamic iurisprudence than the average Muslim who learns about his religion from his environment. Their majority may be expected to know more about the rites of Greek and Roman mythology than about lslam and its jurisprudence. Very few of the highly-educated people within this group have made special studies in tslamic jurispru_ dence or other lslamic disciplines. Even those few who have done so, made their studies very limited and superficiat; therefore, one hardly finds in this group any people who understand the real spirit of tslam or who have a good grasp of the basic principles of lslamic tegislation.

are the same members of lstamic societies who attempt to dominate and direct the destiny of lslam in every country. These are the same ones who ostensibly represent the retigion and realm of lslam in international conferences.

The European-educated who possess but little knowledge of tslam and its jurisprudence

But in fairness, we must admit that though most of them are ignorant of lslamic jurispru_ dence, they are nevertheless inclined toward re_ ligion. They do enshrine within their hearts a deep belief and do perform their acts of worship
56

tccording to the best of their knowledge. While thclr negligence is not overt, it is yet true that lhcy make little effort to refer to lslamic juristic books for the purpose of increasing their knowhdge, Perhaps, this is because research in these books is difficult for those not possessing long axperience with lslamic studies. These books are wrltten in the style in vogue with authors a mil' lonium ago. They have no indices to facilitate referencd and they are exchausting when one attempts to revise a particular sublect or find answers to questions. The reader must go through the books, chapter by chapter, till he meets with what he is after. ln the meantime, he may give up hope of ever finding what he wants, only to discover it accidentally in the leastexpected place. Readers may pursue these juristic books and feel unable to grasp their import, owing to their ignorance of technical juristic terminology and the basic principles of this science. I know personally of many who made earnest efforts to study lslamic jurisprudence, but failed to understand it because they got lost among a multitude of texts and comments, rnargins and explanations. Had they found books vrrritten in modern form, they might have benefited themselves and others from their study"
57

The European-educated group entertain some

fantastic assumptions about lslamic jurispru' dence. Sometimes they hecome ridiculous, as when they claim that lslam has nothing to do with the government and the state, or when some opine that lslam is a religion and a state as well, but its jurisprudence does not fit the present secular state of affairs because certain of its injunctions were meant to be temporary'
and thus cannot be applied to contemporary con' tingencies. Others presume that Islamic jurispru' dence is indeed appropriate for our era, that its

injunctions are permanent, yet we should not apply some of these iudicial decisions lest they should antagonize the foreign powers ! Another faction alleged that tslamic laws derive more from the views of the iurists than from the Our'an and the Traditions.
These kinds of allegations are the common' est and they are really baseless, uttered by indi'

slenr from two factors : First, their ignorance of Jurisprudence, and second, the influence of European education on them and their vain naivete lrr applying their information about man-made laws to lslamic jurisprudence. Nothing convinces more of the total fallacy of their arguments than the blatant contradictions among their exponents (as some assumptions are diametrically opposed to others) because what is held to be obvious by one camp is excoriated as of doubtful validity by another. We shall refute these allegations hereinafter, criteizing each of thenr separately.

lslam & Politics

Some of those who received European edu'

viduals who are ignorant of lslamic jurispru' dence. This ignorance itself is sufficient to nullify their assumptions and judgments, rendering their opinions but insignificant insinuations and
never certitudes, mere proofless allegations.

The obvious asininity

58

of their

allegations

cation allege that lslam is only a religion and religions (being a relationship between the indi' vidual and God) have nothing to do with the government and with statecraft. Yet, if you ask them : "Where do you find such an opinion in the Our'an and the Sunnah, ?" they become astounded and dumbfounded and can utter no reply. This is because the only justification they can give for this idea is what they have learned from European history and philosophy; primarily, that
59

Church and State must be kept quite distinct from one another. They have been affected so thoroughly by their studies that they believe the European model is applicable in any country and under any social order. lf they would apply their mental faculties more astutely, they would easily discover that the institutions initiated by men, including the system of European education, cannot be given precedence. Rather, the lslamic doctrine itself is what must be taken as the final word in this regard. lf this lslamic doctrine discriminates between religion and secular af' fairs, then the allegations of such people would be justified. But if it combines both religion and secular affairs, mixes worship with problems of military defense, and identifies the Mosque with the Government House, then their allegation, being mere flimflam and fabrication, stands refuted.
Some years ago, I met with some young men who had finished their legal studies in Egypt. We were talking about lslam and jurisprudence when

us an injunction from the Clur'an which proves that lslam comprises political and spiritual affairs simultaneously." I understood what he was aiming at and retorted : "Would not you be satisfied with an injunction from the Sunnah ?" "No," he rejoined, "because Our'an is the constitution of lslam". I looked at his colleagues and I could see that they were of the same opinion. I was amazed to see these young men believing so deeply in the Our'an while they were shamefully ignorant of its contents. ! felt sorry for these Muslims whose ignorance of their Our'an led them to deny two of its most obvious principles. First, that lslam treats political and religious matters as a unitary aspect oI life and second that lhe revered Sunnah of God's Holy Prophet is as binding on each Muslim, male or female, as the Our'an.
These young Muslims were not aware that provisions stipulating what punishment must be pronounced against the murderer, the rebel, the robber and the slanderer. God says :

in the Our'an there are

I discovered that they believed that lslam had nothing to do with statecraft and politics. I blam' ed them, as men of law, for taking such an atti' tude without evidence from lslamic injunctions. One of thenr interceded : "Why do not you give
60

"O ye who believe, the law of equality (retaliation) is prescribed to you in cases
of murder." (ll-178)
61

"Never should a believer kill a believer; but (if it so happens) by mistake, (compensa' tion is due) : lf one kills a believer, it is ordained that he should free a believing slave, and pay compensation to the deceased's family." (lV-92)

ately, as in the case of slander and dishonesty.

Thus, tlrere are specified crimes prohibited penalized by explicit provision in the Qur'an. and

"The punishment of those who wage war against God and His Apostle, and strive with might and main for mischief through the land, is execution, or crucifixion, or the cutting off of hands ind feet from opposite sides or exile from the land." (V-36) "As to the thief, male or female, cut ofl his or her hands." tV'41)
"The woman and the man guilty of adultery or fornication, flog each of them with one hundred stripes." (XXIV'2)

There is no doubt that crimes and penalties are part of the machinery of statecraft and governnrent affairs, but not as some believe - a - lf lslam does not compr.rrely religious matter. bine religious and state affairs, the Our'an would not have featured verses such as those quoted above. And if the Our'an makes it incumbent on Muslims to adopt and execute these provisions, then it also cqlls upon them to esiablish a government and a state which will undertake the practice and application of these texts, an entity that will consider such a duty a part of its essential function. Moreover, the Our"an requires that the affairs of government must be subject to counsel and advice. God describes the faithful as those :

"And those who launch a charge against

chaste women and produce not four witnesses (to support their allegation) Ilog them with eighty stripes." (XXIV'4)
Besides, there are numerous Our'anic verses prohibiting a large variety of crimes and specify'

"...vrho (conduct) their affairs by mutual consultation." (XLll-38)

And He requires that rulers listen voice of the people :

(1il-1se) 63

to

the

ing their respective penalties either determin' ately, as in the case of apostasy, or indetermin'
62

"...and consult them in affairs (of moment)."

Et"For Muslim countries to have an advisory system in government implies, prima facie, that there must be an lslamic government and an lslamic state. Now, if lslam separates religion from statecraft, it would not have dealt with the problems of the form and function of government so explicitly. Furthermore, the Qur'an requires that the standard of rule must be justice as defined by the Divine Revelation. God says :
"God doth command you to render back your trusts to those to whom they are due, and when you judge between min and man that you judge with justice." (lV-58)
There is no doubt that establishing justice in human relations is among the most important functions of the State. But the Qur'an combines both religion and government and commands that the State must rule in accordance with what lslam has revealed. ln addition, the Our'an imposes on believers the commanding of others to do the right deed and to refrain from doing the wrong deed. God says :

"What is right" means all that is required by lslamic jurisprudence, while "what is wrong" encompasses all that is prohibited thereby' Now, lf lt is an obligation to devote from among the Muslims a [and who advocate the enforcement of lslamic law, then the State must be lslamic, otherwise the provisions of the Qur'an could not be made operative in this respect. Here again' the Our'an treats religious and secular affairs as
a unit.

We find religious and secular matters combined within the same Our'anic verses and dis' persed, as well; among various verses' For in' stance, at chapter Vl, verse 151 God says :

"Let there arise, out of you, a band of people inviting to all that is good, enjoining what is right and forbidding what is wrong."
(ilr.104)
64

"Say : Come, I will rehearse what God hath (really) prohibited you from : Join not any' thing as equal with Him; be good to your parents; kill not your children on a plea of provide sustenance for you and want - We come not nigh to shameful for them -; deeds, whether open or secret; take not life, which God hath made sacred, except by way of justice and law : Thus doth He command you, that You may learn wisdom." This single verse prohibits polytheism, dis' obedience to parents, homicide, shameful deeds
65

(open or secret), and the arbitrary, capricious taking of life. lt is undoubtedty a btend of morat and mundane affairs.
The Qur'an requires from the state the establishment on its Divine, transcendent bases of aI those matters which pertain to both religion and the state. God says :

and so on. For example the Our'an prescribes a rlght (duty or tax) to be imposed on the rich for

"They are those who, if we establish them in the land, establish regular prayer and give regular charity, enjoin the right and forbid the wrong." (XXl!-41)
This citation is a dicisive proof that the ideal

state is the one which imposes_on its citizens the performance of prayers, payment of the poortax; the one which prescribes what God has commanded to be established and proscribes what He forbade. tf this provision is to be applied, then there can be no other alternative than to establish the state, together with government rules and political affairs, on lslamic bases.
ln the Our'an there are numerous provisions which this concise essay cannot retate in detail, concerning matters such as internal rebe!lions, international disputes, peace and war, treailes and assemblies, business, personal civil status,
66

the benefit of the poor, and establishes rights for orphans, the destitute and the wayfarer relative to the public treasury. lt provides Divine legislation for all matters that touch upon our social life as well as our faith and worship. lt establishes secular affairs on the foundation of religion and morality, utilizing both factors as a means of control over state functions and of orienting both the rules and the ruters. The interrelation between the religious and the secular is so evident in the Our'an that one may safely affirm that in lslam religion is an expression of the state and the state is an expression of religion.

Nevertheless, those young Muslims who believe in the Qur'an are not aware that the Qur'an ordained that the sayings and deeds (Sunnah) of the Prophet are legislation binding on all Muslims, and that it enjoined the observance and compliance with these sayings and deeds. Even if there were no explicit text confirming this position, Muslims would have applied the Traditions as sacred legislation integra! to life, from respectful consideration that the Prophet would not speak of his own desire or human vanity, and
67

because his words were inspired by God, Who said :

"Nor does he say (aught) of (his own) desire; lt is no less than inspiration sent down to him." (LIll-3,4)
But the fact is that there are indeed many verses in the Our'an which ordain obedience to the Apostle of Allah, and deference to his judgment. God says :

"Ye have indeed, in the Apostle of God, a beautiful pattern (of conduct) for any one whose hope is in God and the Final Day, and who engages much in the praise of God'" (xxxlll-21)

Second Obiection : JurisPrudence lncompatible with Modern Age

"O ye who believe, obey God and obey the Apostle." (Vl-59)

"He who obeys the Apostle, obeys God."

0v-80)

"lf

you do love God, follow me; God will

love you." (ll!-32)

"So take what the Apostle assigns to you,

and deny yourselves that which he withholds from you." (LlX-7)

"But no, by thy Lord, they can have no (real) faith until they make thee judge in all disputes between them, and find in their souls no resistance against thy decisions, but accept them with the fullest conviction." (lv-6s)
68

Some of the European'educated dogmatize the lslamic jurisprudence does not fit in with our modern age. But, they do not give any specific reasons for such an allegation' Had they said that some particular principle or principles are not adaptable to our era, for one reason or another, their claim might possess some merit, as it would then have been possible to discuss and show the error of their contentions. But, to stop at saying that the whole body of lslamic jurispru' dence is unfit for our times, without giving any valid reason, is a statement entirely unacceptable to any logical and rational mind. Yet, having known that the exponents of such notions are' relative to lslamic jurisprudence, the most ignor' ant among the educated, one cannot escape the conclusion that their views are predicated upon
69

ignorance and prevarlcaflon. The adaptability of jurisprudence should be decided on the grounds of the intrinsic sufficiency of its principles. There is not a single one of even the lesser princlples of lslamic jurispru dence that may be substantiated as unfit or irrelevant, and a perusal of the more satient principles reveals to what extent some Muslims have been carried down the dark alleyways of deviation by their own ignorance.

laws, in which our ignorant friends take pride, did not acknowledge such equality until late in the eighteenth century ! Even today, most Euro' pean countries and the United States impose debilitating restrictions on their applicatio of this principle. There is also the outstanding principle of liberty (freedom) which had been established since the early days as an integral part of lslamic jurisprudence. Under it, freedom of thought, free' dom of belief, and freedom of expression are well recognized and even enjoined by many Our'anic verses, from which we may cite a part : "Say : 'Behold all that is in the heavens and on earth'." (x-10.|)
"...and none will grasp the message except men of understanding." (lll'7)

lslamic jurisprudence inscribed unconditional equality between people. God says : "O mankind ! We created you from a single (pair) of male and female, and made you into nations and tribes, that you may know each other (not that you may despise each other). Verily the most honoured of you in the sight of God is (he who is) the most righteous of you." (XLIX-Ig)
And the Apostle (peace be upon him) said : "People are equal (on the same footing) like the dents of a comb; no Arab has an advantage over a non-Arab except by virtue of righteousness and piety." This principle of equality was inscribed thirteen centuries ago, whereas the man-made
70

"Let there be no compulsion in Religion."

0r-2s6)

"Let there arise out of you a band of people inviting to all that is good, enioining what is right, and forbidding what is wrong."
(ilt-104)

The principle

of liberty (freedom) with its

71

three divisions was not recognized by man-made laws until the French Revotution, though the ignorant deny the lslamic jurisprudence the virtue of such precedents and attribute it all to European law.

vocates the same principles and frarnework, is not ? Again, lslam had enjoined application of the principle of mutual consultation from the time the Hevelation was sent down. God says :

Absolute justice is one of the baslc principles of lslamic jurisprudence. God says :

"...who conduct their affairs by mutual consultation." (XLll-38)

"...and consult them in affairs (of moment)." (ilr-1se)

"...And when ye judge between man and man, that ye judge with justice.,, (lV-Sg)
"...Stand out firmly for justice...,, (lV-135) "...Stand out firmly for God, as witnesses to fair dealing, and let not the hatred of others to you make you swerve to wrong and depart from justice." (lV-l35)
This principle was also registered by lslamic jurisprudence from its very inception and was not recognized by man-made laws till the tast decades of the eighteenth century. Such are the three pre-eminent principles on which modern law is founded, and which our jurisprudence had firmly established more than eleven centuries ago. How then can it be said that man-made laws are "relevant,, to our modern age while lslamic jurisprudence, whlch ad72

Therefore, lslamic iurisprudence preceded

man-made law about eleven centuries

lishing this ideal land, where it was recognized ten centuries after tslam. But the European law did not introduce a novelty when it provided for parliamentary representation (as an example of applying the principle of mutual consultation); they merely took their impetus from where lslamic iurisprudence ended.
Further, lslam, since its early revelation, had restricted the powers of the chief of state, characterizing him as duty bound to represent the public and responsible for his wrong actions. Accordingly, both the rulers and the ruled are equal before its provisions. Because the first are
73

in estabexcept in the case oI Eng-

limited in their actions. by these provisions they have no inequitabte adrrntages lr"r'tt" tatter. Both are on the same footiniin with the principle of equality. "".oraance Since lslamic jurisprudence comprised all these principles eteven'""n,rri", ii'rar"n"" of European law, how can it be allegeJ that this jurisprudence is incompatible with- our present
age ?l

conrpletely prohibit intoxicants, others impose partial prohibition on them. How, then, could these laws deriving from jurisprudence be considered fit while jurisprudence itself is considered unfit ? lslamic jurisprudence is the first system of legislation that established viably the theories of

social cooperation and social solidarity. God

says
:

Besides, lslamic jurisprudence prohibited the drinkins of atcohoi .na p;;;il"i divorce.
God declares
:

"...Help ye one another in righteousness and piety. But help ye not one another in sin and rancor." (V-3) "...and those in whose wealth is a recognized right for the (needy) who asks and him

handiwork : eschew such (abomination) that yQ may prosper.', (V-93)

"O ye who believe, intoxicants and gamb_ ling, (dedication of) stones anJ (dirinrtion by) arrows are an abomination of S.trn,"

who is deprived." [LXX-24,2S)

"Of their goods take alms, that so thou

mightest purify and sanctify them." (lx-i03)

that, the parties shoutd either hold'together on equitable terms or separate with kindness." (ll-229)

"A divorce is onty permissible twice : alter

. Man-made legistation never recognized the benefits accruing

and prohibition of intoxicants except in the course of the present century. Some of these laws
74

from the permission"of diuor"u

"Alms are for the poor and the needy, and those employed to administer the (funds), for those whose hearts have been (recently) reconciled (to Truth), for those in bondage and in debt, in the cause of God, and for the wayfarer : (Thus is it) ordained by God, and God is full of knowledge and wisdom.',
(rx-60)
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"What God has bestowed on His Apostle (and taken away) from the people of the townships, belongs to God, to His Apostle and to kindred and orphans, the needy and the wayfarer, in order that it may not (merely) make a circuit between the wealthy among you." (LlX-7)

commission of felonies and shameful vices whether in public or in secret, sinning and harassment beyond all bounds. God says :

The two above-mentioned concepts have been known by our jurisprudence for more than thirteen centuries, whereas the non-Muslim world was hardly aware of them till the present century, and they are yet but partially applied therein.
lslamic jurisprudence prohibits monopolistic practices, exploitation of authority, bribery and corruption. The Prophet has said : "The monopolizer is surely a sinner." And Allah says :

"Say : My Lord hath indeed forbidden shameful deeds, whether open or secret, sins and trespasses against 'truth or reason." (Vtl-33) At the same time, jurisprudence approves of exhortation to good deeds, enforcing what is right and forbidding what is wrong.

"Let there arise out of a band of

people

inviting to all that is good, enjoining what is right and forbidding what is wrong." (111.104)
Such principles as these, long embodied in lslamic jurisprudence, are the ideal that humanity searches for and dreams of achieving. How could the one code .of legislation whose pr!nciples enshrine the very ideal which contemporary humankind earnestly seeks fail to be relevant to our era ? lf we peer into the humanitarian, social and !egal conventions, prevailing in our age and of which people are proud, we find each and every one of these principles included in the best possible manner in the lslamic jurisprudence. From the above,

"And do not eat up your property among yourselves for vanities, nor use it as bait for the judges, with intent that ye may eat up wrongfully and knowingly a little of (other) people's property." (l!-188)
These lofty ideas were not accredited by man-made laws except very lately.
tslamic jurisprudence strongly prohibits the
76

it becomes evident that the TI

allegation that lslamic jurisprudence is i priate for these times is an assumption on and caused by profound ignorance of jurisprudence, and has no support in fact. The only excuse one may seek for the exponents ot this charge is that they have bee4 taught that old laws and legislation were based on obsolete principles which are unacceptable to our modern age. They have taken this ambiguous statement for a general rule, applicable also to lslamic jurisprudence, which they consider to be an "old" law and an "old" legislation. They have never attempted to appreciate the substanilal difference between lslamic jurisprudence and manmade law.

for example, stoning thgeo of man-made laws death and chopping off of limbs. But they can t0 provlde no proof whatever to establish that such lrlamic provisions are anachronistic, and all that

ihoy profier is purely conjectural. lt is only beeause they find no similar provisions in their lrws that they try to invalidate the influence of lrlamic law by this unfounded allegatlon. Now, lf the man-made laws were to include comparable penalties, these people would change their tninds and would declare the provisions of lslamic law to be permanent !

Third Obiection : Some Provisions are Partly Temporary

Some of those who received a European educatlon are of the oplnion that lslamlc jurisprudence is qualified to serve the needs of the present age, but for certaln provisions which were origlnally meant to be of temporary usage. By such they mean certain crlminal provisions, particularly the penaltles that bear no similarlty to 78

Had these Muslims correctly understood their lslam, they would have known that its precepts are permanent, not temporary, and that what was not abrogated during the life of the Prophet cannot be abrogated till the Day of the Hereafter. Just before the death of the Apostle the Our'an revealed that the whole structure of the religion of lslam was now complete and not thereafter susceptible to addition or abrogation. God said :
"This day have I perfected your religion for you, completed my favor upon you, and have chosen for you lslam as your religion." (V"4)

lf we accept the concept of temporary pre

79

vislons in some cricumstances, the same appty also to other circumstances, and the structure of !slamic jurisprudence would demolished, leaving the apptication of any of to the whimsical judgments of individuals.
Fourth Objection : Some Provisions are lnapplicable
Those who contend that some of the tslamic provisions should not be utilized contradict their own bellef that all the provisions of jurisprudence are to be permanent in nature and application. However, they are of the view that certain

eell not My signs for a miserable price. ll any do fail to iudge by (the light of) what God hath revealed, they are (no better than) unbelievers." (V.47)
Here we should like to draw attention to the vlow of many Muslim jurists who do not necesfarlly subject non-Muslims to stoning or chop plng of hands in cases of adultery or theft. We do not see why this view cannot be accepted. However, it must be stressed that the penalty of atoning is largely symbolic, as it is extremely dlfficult to prove adultery by witnesses, as re' qulred by lslam. ln all cases of adultery com' mitted during the days of the Prophet and the four Khalifs, the crime's punishment was institu' ted by confession, but never by witnesses. Punishable adultery cannot be proven except by either clear voluntary confession, or four righte' ous witnesses who do actually and physically observe the act of sexual intercourse. This, ofcourse, would be an extremely rare case. lt is also rare to find, nowadays, that conscientious believer who would voluntarily confess to having committed adultery and persist on in his confession so as to be stoned to death.

of the penal laws

cuted in our days owing to - weakness of the Musllm states where some foreigners live and refuse to be subjected to these penalties (or at least their governments would object to the imposition of such penalties upon their citizens). The champions of thls view, in fact, are inctined not to apply the lslamic laws for the fear of forelgn indignation. But such an attitude is incompatible with lslam. God says :
"...Therefore, fear not men, but fear Me, and
80

death and cutting off-of hands

specificalty, stoning to
cannot be exe-

81

Fifft Obicction : lslemic Jurisprudence

Dcperdent on Jurists' Views

Among the European-educated are those who believe that lslamic jurisprudence is primarily the result of juristic innovations. tf one submits to them an lslamic theory of jurisprudence, that was unknown to mundane jurisprudence tit! late, they would express their astonishment at the Muslim jurists who could reach tevels of judicia! competence in the seventh and eight centuries that other jurists could not reach or conceive of until the nineteenth and twentieth centuries ! One of them once told me that he betieved the Muslim jurists were superhuman, because they could think of matters thlrteen centuries ahead of human conception.
But those who believe that tslamic jurisprudence is the invention of jurists are undoubtedly as mistaken as those who believe that those ,urists themselves were capable of preceding human thought. The correct viewpoint is that Muslim jurists (despite their vast erudition and profound reflection) did not reaily introduce novelties from their own imagination, nor were they above human standards with respect to their meditative faculties. The fact is that they
82

found within their grasp a system of jurisprudonce Divinely-enriched with theories and comprehensive principles, and they explained and analyzed them to the fullest. They did nothing more than what any jurist and genuine thinker would try to do by collecting all the available data and assigning to each theory what.is relevant to it and tabulating under each principle what belongs to it. lf there had been any inno. vation or precedence of thinking, it would have been the innovation of lslamic jurisprudence which was itself ahead of human rational development, and which revealed the most perfect theories for the purpose of guiding human beings towards exaltation and perfection by raising them to its elevated standards. Muslim jurists did not invent the theory of absolute equality, nor that of vast liberty or comprehensive justice, but they extracted them from Our'anic texts and related Tradition. We have already mentioned some of these texts and do not believe that there is warrant to repeat them now. Muslim jurists did not anticipatively require writs in civil obligations while accepting witness in commercial matters, but this was set down in the text of the Our'an :
83

When ye deal with each other, in transactions invotving future obligations in a fixed period... whether it be small or big : Record your debt... But if it be a (commercial) transaction which ye carry out on the spot, there is no blame on you if you reduce it not to writing.,, (ll-Zgll
Muslim jurists did not autonomousty initiate the theory of nullifying contracts imposed by force or the theory of the debtor's right of dictating the terms of contract, but these were reveated by the Our'an. God says :

"O ye believe

"...He hath explained to you in detail what is forbidden to you... except under compulsion of necessity." (Vl-l19)

Jurists did not set down the theory of non' responsibility owing to constraint and compulsion, but the Qur'an did : "...except under compulsion, his heart re' maining firm in faith." (XVl-l06)
"...but if one is forced by necessity, without willful disobedience, nor transgressing due limits, then he is guiltless." (ll-173)

fully."

"Let him who incurs the liability dictate, but let hlm fear his Lord God, and not diminish aught of what he owes. lf the party liable is mentally deficient, or weak, or unabte himself to dictate, let his guardian dictate faith(ll-2921

: "My people are ex(unintentional) error, frogetfulness cused for and that which they have been forced to do."
The Prophet has said
The jurists were not the ones who originated the theory of excluding the minor, the insane and

They have not innovated the theory of contingencies or what we term ,,theory of attered circumstances," but they have derived it from the Qur'anlc verses :

the asleep from penalization, but this was esta' blished after the Prophet's dictum : "The pen (meaning judgment) is withheld for three : the child till maturity, the asleep till he awakes and the insane till he gains hls sanlty."
The theory of criminal responsibility was not

"On no soul doth God place burden greater than it can bear." (ll-286)
8/f

invented by clever iurists, but was established by the Qurhn. God says :
85

"Nor can a bearer of burdens bear another,s burden." (XXXV-|g)

The prophet said : ,,Man cannot be con. demned for his father,s or his Urottreit crime,,, and said to Abu-Bimtha and his son ,iyo, , cannot be taken for his crime nor he for yours.;,
Muslim Jurists did not of themselves differentiate between the provisions bearing on accidental and premeditated deeds, but these were cited in the Our'an : "Never shoutd a believer kiil a believer, but (if it so happens) by mistake, (compensation is due). lf one (so) kilts a believer, it is ordained that he should free a believing slave and pay compensation to the deceased's family.,, (,V-g2l "O ye who betieve ! The taw of retaliation is prescribed to you in cases of murder.,,
0t-178)

from the Our'an or the Traditions. The iurists did no more than explain these theories and prin' clples, clarifying the conditions under which they are applicable and the ramifications thereof' They were invariably working within the framework of lslamic jurisprudence and confining them' selves to its spirit and methodology. They also exerted a great effort toward relating the inferences and elements of jurisprudence to their original principle and expounding the sort of provisions applicable thereto, especially since jurisprudence did not provide detailed texts for ad' ministering such inferences and elements under all possible circumstances. This is the verdict of reality and fact against the allegation that lslamic jurisprudence is the a grave mistake no doubt fabrication of jurists by a faulty, untenable analogy beoccasioned tween lslamic legislation and ordinary jurisprudence. lt is only the latter which comprises laws wholly invented by jurists before they became binding provisions and inured legislation.

hearts." (XXXlll-S)

"On you, if you make a mistake therein, (what counts is) the intention your

of

W9 can hardly find any theory or generat principle that has not been established by a text
86

thing about tlre Zahiriyan School. The jurists belonging to that School do not recognize any source of lslamic jurisprudence other than the Ow'an,
87

I wish these gentlemen would read some-

the fraditions and unanimity. They reject analogy and the views of any companion as ces ofjurisprudential precedent. Even though Zahiris discarded indirectly-quoted Tradition, they could find an explicit text in the Our an and confirmed Tradition as support for every theory and every principte which they accepted. I be. lieve that this attitude by itseif is sulficient to convince our friends of their erroneous views about lslamic jurisprudence.

The lslamically-Educated

wers. But the new conditions, consequent upon the introduction of European law, pushed them lnto a cornered position, and their powers were gradually eroded till members of this group became devoid of authority. They remained in this helpless state for so long that they gradually became accustomed to their new "status" and the majority of them did not resent this condition. This was due mainly to their inability to revolt against or change their lot, rather than to their acquiscence or willingness to accept the chan!e.

This group consists of persons who have received collegiate and secondary tslamic educa_ tion. While not few in number, they are less than those who have received a Europlan education. Nonetheless, this group has a substantial influence over the lslamic masses, especially in mat_ ters related to tslam. However, t-his group does not wield any politicat influence anJ the most eminent of its leaders hardly assumes any governmental functions other than preaching and judicial posts in courts of generat session. Before the introduction of European law in Muslim countries, this group had fuil political po88

The lslamically-educated consider themselves, and are considered by Muslims, responsible for lslam, as they are supposed to be the most cognizant of its provisions and rules and, as its leaders, the men most capable of defending the religion. Some are of the view that events have proved that this group has failed more than once to defend the Faith, and that this failure was responsible for the incursion of the European law that now prevails in lslamic countries. This led to a freeze on the study of lslamic jurisprudence for generations, until the time came when people hardly knew anything about their religion except those matters related to rituals of worship and personal status. Conditions dege89

nerated to the extent that ignorant people lieved that the laws then in force were lslamio laws, while the educated believed that lslam was merely "religion," and as such, had nothing to do with politics and statesmanship, containing fit for use by those in authority. No one who knew anything about lslam was left, except those Muslim jurists, to indicate the truth.

lhey are following in the tracks of their predeces'

lf Muslim scholars fail several times to defend lslam, leading to unpleasant but natural and logical consequences, this does not consti. tute an infamy; but what does defame them is their failure to exert every possible effort and to devote all available time to strive for the sake of their religion. There is no doubt that they have exhausted all their possibilities to this end, but circumstances were not favourable; and no doubt they are still doing their best; struggling hard and hoping for victory at the end of their relentless strife.
ln Muslim countries there is presently a generation of those who received a sound lslamic education and who are bent on restoring the lost property of lslam. They are convinced of the righteousness of their cause and they are tena.
clously supporting it. Their main drawback is that
90

tors : spending most of their time in performing tlroir rituals of worship or preaching to others. Had they enlightened their Muslim brothers about their abandoned jurisprudence and remind' ed them of their alien laws which contradicted the legislation and judicial decisions of lslam, they would have done well for themselves and for their RELIGION, and would have spared them' selves the pointless strain of a lengthy struggle.
Happily, most Muslim countries have some form of democracy in government, and it would be suff icient for the majority of the population to adopt

a certain idea to convert this idea after a while into applicable fact.
This new generation is embracing a method of advocating lslam which may be effective in convincing and educating the illiterate, but it is insufficient for convincing those who have received an European education and who are actually the ones in charge of the public welfare and the governments in Muslim countries. Mus' lim scholars should have, a priori, exerted their efforts in convincing this group of Westernized individuals and teaching them what they did not know, of lslamic law. lf ever thoso whose minds have been trained to reason and reflect had come
91

to know lslarn in its reality, they would have themselves the best and ablest defenders of advocates for lslam.

those who apply non-Muslim laws. We must not forget that those who have received European education are still Mustims, albeit ignorant of certain facts about lslam. But they are welldisposed to learn what they have not known about their religion.

of the anomaly between lslamic and jurisprudence and the judgment of tstam

tion, in every case and on every day, the

on

cdited in modern language, set up and indexed ln the modern style. Or, the same aim can be achieved by means of writing new books, in modern language and technique, displaying the lslamic laws and legislation in an attractive manner, with comparative studies of the different lslamic schools of thought. There would, thus, be a book dealing with commercial rnatters, another about rent, a third on partnership and associations, a fourth on bankruptcy, and so on.
Further, I should like for Muslim scholars to illustrate to rulers and legislative bodies the attitude of lslam towards those laws which contradict its provisions, and its verdict on those who enact and enforce such laws. These executives and legislators are, after all, Muslims who hate to deviate from their religion (no matter how slight this deviation), but who are ignorant of the provisions of lslamic jurisprudence.

all the

I should like also to see Muslim scholars enabling those who have received European education to study the lslamic jurisprudence, acquaint themselves with its commandments, principles and theories, and to assure themselves of its excellence over man-made taw. They can perhaps achieve this goal by the formation of committees embracing representatives from different schools and factions of lstamic jurispru, dential thought. Each committee woutd collect
books and writings concerning each school of thought and reduce them to one book
92

I should like as well for Muslim scholars to see to it that no new laws are enacted without their consultation and supervision and that no new law is decreed that contravenes the laws of lslam.

Ye Muslim scholars : Beware that the only trouble with Muslim countries is the ignorance
93

of those who rule and the Muslim masses, provisions and laws of tslam. The only correct the situation is to teach them all lslam, to educate every group by the n which they are accustomed. No believing will ever resent learning what he does not of the teachings of his retigion.

Uon that made me believe that educating thG Xholc nation in tslam, with sincerlty and courage, It most beneficial to the lslamic cause. lt 18 no^, UP to the eminent scholars to adopt my vlew or lo overlook it forever.

Allah.

Finally, by ascribing ignorance of tslam the European-educated, it is not my intention belittle their importance; t am but stating a fa( Personally, I am one of them, and before real studying lslam, I was as ignorant as they and perhaps more on the extreme in ignoring jurisprudence. But God ordained that I transform this study into good deeds, revealing to me the extent a person could go astray, riding his lgnor. ance. I do not wish my coileagues and brethren to remain in that negailve condition in which t myself was, and for which t repent to Almighty

I beseech God to guide us all to do what is Sood for Musllms and for lslam.

Who is Besponsible for our Gondition ?

All Muslims share the responsibility for our present condition and for the actual status of lalam. This responsibility may differ from one group of society to another, but all are respon' elble for what they suffer from ignorance, hideous deeds, non-belief, displacement coupled with

impotence and humiliation, poverty and exploi' tation, colonjzation and occupation.

lf I am drawing the attention of our Muslim scholars to the administration of certain speclfic measures, it is not by way of accusing them of ne$ligence, but it is the counsel which is prescribed by lslam. tt is my experience and my asso_ ciation with those who have an European educa_
94

Responsibility of the Masses The mass6s are responsible for the deplor' able condition of lslam today. lslam would not have been where it is now were it not for the ignorance of the masses toward their rellglon
95

and thelr gradual deviation from lts teachingc.,,, which went so far that they have almost estranged themselves from its tenets, thougrh wlthout being conscious of thelr drlft.
The Muslim masses have been so accusto to mischievous deeds, agnosflcism and atheism that they hardly consider such practices to be anti-lslamic. Or, they believe that tslam does not care nor concern itsetf with struggling to overcome such aberrations.

med

the colonialists or to comply with the whlms of dlctators. They thereby foineU forces with the onemies of lslam. The masses meekly submitted to the attitude of their governments, when they should have strongly denounced it. ln this way the masses took part in suffocating the spirit of lslam and in destroying its advocates.
The Muslim masses have lost their elevated standing, their dignity and their power. They live

at

However, lslam makes it incumbent on Mus_ lims to learn its teachings, to study deepty and to dedlcate some individuals from among themselves to teach others its principtes. God says :

"...from every expedition remained behind, they could devote themsetves to studies in religion, and admonish the peopte when they retuh to them." (lX-122)

present as slaves to those irresponsibly powerful, to imperialism, and to their rulers who despoit the vibrant fibre of life, exhausting their potentialities, debasing their dignity and abolishing their liberties. The defeat of Muslims has always been a consequence of relinquishing their religion, the religion that bestows power, repute and dignity. lf ever they turn their faces back to it, they would reverse their condition of impo' tence and their wounded dignitY.
The Muslim masses are pursuing a disas' trous course of recklessness : they are unmind' ful of their religion, their secular affairs, and even their own selves. When they open their eyes to the truth, they will realize that they have dissipated their present lives and lost their prospects of happiness in the Hereafter through their
97

ln fact, some devoted groups have consecrated themselves to the task of warning their people and teaching them their religion. But certain Muslim governments then assumed the burden of fighting these groups and barring them from obsorving lslamic injunctions, hoping by this unwarranted action to gain the sympathy of
96

Chr'ln.

of what God has dained and in view of their deviation from

negligence and disregard

Responsibility of Mustim Governments

ration and compassion among Muslims; endorscd what is proscribed by lslam while they practiced injustice, prejudice, exploitation and feudalism; and finally, they have moulded the Musllm society on corruption, decay, depravity, sinfulness, egotism and oppression.

Muslim governments have the greatest share or responsibitity for the abasement of lslam and for the inferiority complex and lowli_ ness that afflicted Muslims.
These governments have alienated tslam from secular affairs, imposed on Muslims what God has forbidden to them, and ruled over them in defiance of what God has prescribed. Muslim governments are driving Muslims towards the sins of Europe but away from the guidance and righteousness of Allah. They are

Muslim governments are barring Muslims from learning their retigion, worshipping their
God and performing their sacred duties. They are giving allegiance to the enemies of lslam, although lslam forbids the befriending of its ene-

mies and aquiescence to them in matters touching upon the welfare of Muslims.

These Mustim governments have incurred upon their people weakness and humiliation, in-

flicted on them exploitation and poverty and let

loose among them immorality and profligacy.

imposing on them man-made laws, denying them the good that derives naturally from the application of their own lslamic jurisprudence.

Besponsibility of Heads of State

Muslim governments have violated lslam in matters of sovereignty, potitics and administra_ tion; transgressed lslamic principles by abolishing liberty, equality and justice; renounced what !s prescribed by lslam while discouraging coope_
98

As individuals, the heads of Muslim states are the people most responsible for lslam and for its decline. lf man-made laws have exonerated thent from this responsibility, lslam shall not spare them of the burden of answering for every
99

wrong, trivial or serious, they have ln truth, we have to face these ruters wlth realities of life and open their eyes to its

Ye heads of states : you assume the and sovereignty over your countries, yotl power and possess the potentiat to reins lslam to its rightful position. you have I legacies contravening tstam from your predel cessors, and you chose to live accordlng to thega legacies and to establlsh the foundations of your power on them, whether or not you are aware ot violating lslam in thls regard. These inherited legacies are the primary element that weakens our lslam and impedes the advancement of Muslims. Beware that the weakness of tstam shatt be reflected on you, but its strength woutd provide a support for you. lt Is more in your own interest to be citizens of a strong nation than to be kings, princes or presidents over a weak state, dominated by a second-rate official of the colonizing country (or those depended on for aid and asslstance) who can, by simple order, undermine or lnfluence the machinery of government, appoint or dismiss its officers, shake the throne and intlmidate the presidents and the rulers
!

Ye heads of states : You are dispersed and UNITE dlvtded and lT lS lN YOUR INTEBEST TO fightYOUB FORCES. You are antagonizing and in your interest' as well lng each other, and it is iitt,u, of lslam, to cooperate and join hands' it ls much better for you, as well as for lslam' lhat some of you would defer to other Muslim the rulers, rather than have all of you submit to control of foreign imPerialists' You are first and foremost Muslims' so put lslam above everything else. Let it iudge within your your own selves. Let it be the foundation of states' Do not rule and build on it your tslamic push yourselves forward as stumbling blocks in it *uy of establishing an lslamic state' because " your persons are mortal and shall without fail p"r" u*"y, and there is nothing after death but Paradise or Hellfire. No one of you shall be benefited by his kingdom or his fortune or his clans: it is only your good deeds and service to God's cause that count' lt is best for you to be remem' bered by history as rulers who helped in the reinstitution of the lslamic state and the lslamic rule and who did not impede or delay the estabtishment of this state through tenacious adhe' rence to your proud posltions and comforJable af'
101

100

fluence, which are unacceptable Muslims alike.

to lslam

and

tions, awesome tittes and bejeweld .io*nr, Uucause this keenness of unquaiified sorereigns to remain in power was responsibte for the decadence of the Mustim wortd, for. the spirit of tstam therein, for sptittins it "urfing rp ;;;;;ak kins_ doms, tiny states and defeis"f.r. .nJ f,etptess
102

belongs to those who possess power. O ye heads of states : Do not cting to vour pr"riif,ious posi-

by stronger non-Musli, ,,rU wifl be trampled upon by cotonizers "oritrir_, and vicious imperialists. You and vour Muslim citizens will be figureheads and jadow. ,i"fJ'"nj maniput..Big powers,, ,.,:.d which expioited and fy.the ridiculed by spurious sympathizers who well recognize that power lies in unity and that victory

The solution to the entire problem does not need more than your determined reJolution and strong will to overcome your personal greed. lf you possess that resolute power and firm will, you shall conquer and overtor" but if you shy off vis-a-vjs your "ti-"t.", amUitions, personat vested interests and the ture of poweiand pomp, then ail Mustims witt continr;;-L" divided. humitiated, abject and weak.;;r: y; and your Muslim citizens witt be dominateJ""ni U"r".n"A

principalities. Despite thef great numbers, the vastness of their lands, the abundance of their material resources and manpower and the existence of all the elements necessary to success and progress, Mustims have pror"d to be the weakest people on earth and the most humiliated and least respected by other nations !

!f you are overwhelmed by your desires to retain your interests, your posts and your tittes and sovereign powers, then you must come together under any circumstances and unite the forces of your countries so that Muslims may become one force and comprise one consolidated
nation.

abjection.

Ye heads of states : your positions and titles will be of no avail before the Almighty God Who will ask you, as weil as your predecessors, about this religion of lslam, which is ignored and neglected in your lands. He wilt asklou about the Muslims whose unity you have spiit, whose power you have dissipated, whose nationhood you have ripped asunder, reducing them to a symbo! of dissention, exhausted power, debased disparagement and greediness that shames dignified men and that forces them to stoop in
103

Ye heads of states : Do not cling to and authority but remember what Muh, [peace be upon him) said : ,,you shatl be to withhold power and authority and shall it in the Hereafter.', ,,Blessed is the we and cursed is the weaner (meaning power ls good means that may lead to a bad end).,,
Behold, authority is a trust. He who right fully grasps it, rendering the obligation due to it, will be saved in the Hereafter. Rlnder the trust to its rightful owner, for God will hold you res. ponsible for it in the Hereafter, and take heed to the Apostle's advice to Abu-Zarr; when this one requested him to appoint him as governor : "O Abu-Zarr, you are meek, it (governorship) is a trust that will be regretted ln the Day hereafter and he who takes it will fail unless he rightly assumes it and gives it its due obtigations.,, The Responsiblllty of Musilm Schotars

rca who are ignorant of and rebellious against

hlam. These scholars are worthy of such accusatlon because they support imperialism or at least koep silent before its violence. They occasional* ly support the non'lslamic rule and compromise wlth it at other times. They have left the masses ln their ignorance of the basic principles of lslam and in their unawareness of the conspiracies forged against lslam.

lslam. They are responsibte for the sins and mis_ chief caused by the colonialists and impertallsts, by the rulers and governments and by the mas_
104

Muslim scholars (utama) are also responsible for our ordeat and for what has affilcted

They have detached Muslims from their religion, because they failed to indicate to the ,attut the judgment of tslam with regard to colonialists, imperialists, and to governments that aid and pay allegiance to them' As a result' the Muslim masses obeyed the pro'colonialist governments. lslam has been lost due to the of Muslim schotars and the masses, by "ilun"" been put at a state of loss due to the turn, have loss of their religion. The masses might have helped in rectaiming the loss because they belioved that Muslim scholars would not approve of anything unless it was in conformlU with lslamic teachings and God's commandment'

Muslim scholars have closed their eyes' shut their mouths and plugged their fingertlps ln
105

theh ears, forgetting about tstam, and have fa[en asleep for centuries white tf,"'frirrli, people followed them in their _somi"l"""", believing that their lslam wae safe and ,orii, or their scholars (utama) never would have kept guiet. Muslim scholars for tong have disregarded their tstam. They hrr" n"r"r-";;;il; any atti. tude. violating tslam, nor tried to repeat and reyoke_ any injunction that ,.i-.intr.ry to the principles of lslam. rhey have ,:T.d a meeting to encourage ,i"-r"l'"r"n .onthe reinstitution of lslamic jurisprudence.

the public what the Qur'an and the Traditims

have inscribed in regard to fighting the invaders and resisting the forces of occupation, and what

lslam provided for those who befriended such invaders and colonialists. The Muslim scholars had a duty to boycott the non-Muslim aggressors, but instead became their allies and friends to the extent that they used to celebrate some religious festivities in the Residence Halls of the representatives of the occupying country
!

tions. They uttered onty td;r;;l;'oil,,"n"", ,, if lslam did not require them to invite other.s to do the sood and to ioruiJ *i;;;r;;;, and did not make it incumbent upon ttrem to give counsel to the ruters so that *,ev ,r*. of lslam-

*J.Ji, Jpr".o ,irchief and transgressed the limits 'e-,iioined by God, while the schotarc n"r"i ., pressed indignation and "o-.irln oppositi;n ;;'such ac",..

Rulers have committed felonies, allowed the forbidden, shed btood, ,.p"d

,igii.iJ,rin"

in Muslim countries, though they contradicted lslamic provisions, nullified lslamic commands, allowed what God lras prohibited and prohibited what God has allowed. Yet, Muslim scholars were not disturbed by this violation of their religion nor were they perturbed about their own future, though they earned their living at the expense of lslam. They did not even hold meetings to discuss the tragic turn of events relative to their own destiny and the future of their religion.
Adultery and lasciviousness have spread all over, brothels and dancez halls have been opened, governments have issued licenses to Muslim women to practise prostitution and people have publicly disobeyed lslam ! Nevertheless, oui107

Marr-made laws have been enforced

roreisn;"*;;;';;;ff '"r."rH?:":,:'#ii:'r"r';
against this aggression, nor d,d
106

Muslim nations

th;;

indicate to

scholars contained themselves and did nothing more than ,.regret', such fout dr;;. . When laic (secular) schoots which denied religious teaching were established, our Mustim schotars were the first to .;;Jil;;'chitdren to them. When the mission.ry ,"flooi, started propagating Christianity and detracting Muslims Pl_their Istam, .our disnir,"i-""ii,rrs SENT THETR daushters thereto,-in ;;';;, them to Iearn foreign languages, dancing and Christianitv.
Whenever a government met with a serious . problem, it resorted.to these quirflng *"hofrrr, who never failed to bid f.luslims io :iobey their government,' even if this government a[owed alcohol, aduttery, ufury, atheism and and even if it substituted l;i.;';;, mischief, poputar whims and partisan fancy.
This state of affairs has been proceeding so long that the majority of MuslimJfl}i.f,tv U"lieved.that the prevaiting chief did not violate theiistandiil;; "onaitionl-and miststam.

jurisprudence.

tious attitude toward the application of lslamic

True scholars are the lnheritors of the prophats, and it is most inappropriate for scholars to take such a flippant attitude toward the legacy of the Prophets. tslam has imposed on them the duty to command people to perform the good deed and to abstain from the wrong and hurtful deed. Who else would assume this task if the scholars decline to assume it ?

lronically enough, the scholars in Egypt have lately found their voices and have broken their
hoary silence. They have convened meetings and delivered speeches calling for strikes and mutiny. Was it because of lslam and the enforcement of its jurisprudence ? No indeed; they revolted and instigated others to revolt because of their own positions, allowances and salaries and personal vested interests ! They issued manifestoes and statements, repeated their convocations and speeches, which were well-decorated with Our'anic verses and quotations from the Traditions, to defend their selfish personal interests and to sustain their individual honoraria. They did not do this for the sake of lslam - as if lslam were less important than themselves and
109

No wonder, then, misdeeds and r.,"r. t,["a our life and efforts to remedy "orffi ir,iig; became almost futile. All these things o""rrrJJ because of the taxity of Musrim ,"h;;;;;iiiei, ricen.
108

sympathies in their meetings and to steer upsurging revolt towards real lstamic r"r coileagues present repudiated llr"ir. and foited this attempt. tt seeme; '-'uEr'u byl Xj:"j"tff^r1]var of lstam *." "i"riaered eyL these schorars as somethtng taboo.

its. dignity were lower than theirs. lt was able to see some of them

*Ving;;;;

:l"i

il;;#Jg

mance of thelr rituals, while you leave them lgnorant of what lslam has to say about politics, government admlnistration, legislation and justlce, social relations. economics and relations wlth allied and belligerent powers.
Why do you not fully educate people in their religion when your profession demands this of you ?

you neglected and did not f,""a Vow

ye Muslim scolars you : were debased and belittred by nations and governr.ii,
because

religion.

from that of lslam. Ye Muslim schotars : lt is nowhere of tstam that you shoutd *ithilil';;;r a tenet tonsues from indicating the laws of CrJ ,"a ,lose your eyes to the enemies of God, *f,o Jur".rate the provisions of His judiciat decisions. It is nowhere a tenet of tstam that you should teach your students th" i;;; of tstam, but your governments need not apply them. It is nowhere a tenet of lslam that you shoutd take your stand in ,h" ;;;;;s invitins people to good behavior ,or.f ity-.-ni.perfor_ "na
110

Ye Muslim scholars : Behotd your ! only dignity derives from that of lstam. your onty power issues

lslam's injunctions regarding aggressive occupation and invasion, about those who support or befriend invaders, and about those who strive and instigate revolutions against such enemies ?

Why do you not

tell them about

Why do you not inform people about what lslam enjoins regarding those who impose on Muslims that which contravenes their religion, and whether lslam prescribes for Muslims allegiance to such people and acceptance of their authority, or does it prescribe disobedience to them and challenging their fitness for rule ? Why do you not declare to people whether lslam commands a Muslim to obey man-made laws or to renounce them ?
Why do you not set clearly before the people the judgment of lslam regarding wealth, exploita111

ditions

and monopoty, and how to apply its li.on sions to our present financial
?

*#"*L ""a
ila,,f,
Z

lslamic precept that fortids the few and fatat poverty for

Why do you not inform people about

ruling of lslam against the fool who demands respect for his own person but refuses to demand respect for lslam ?

Ye Muslim scholars

: I do not deny that

"*""JI the masses

Why do you not call out full-throatedly the lslamic verdict of doom ,"r"rr.d iorlno"" *t o fight the advocates of tstam il;;; *,ose *ho assist the persecutors of those dwoied to the cause of lslam ?

struggling against them and abotishing if,em f Why do you not make plain for the people the provisions of lstam conc";;;r;'.;"set and interpretation, and whether oi;;;" shoutc be performed once in a lifetime "r"t, or whettrer both are an obligation so long as there is a need for th.em, that by such means people may be ren*nded of lslamic laws at every time ? Why do you not eagerly advise people of the
112

mic stand toward those who aeviaie the lslafrom its standards by initiating p"rr"r"" ffiices, ana whether tslam orders the faithfrf io f.Lp silenr about these intrusions, or does it cornmand

Why do you not explain fearlessly

there is among you a small, honorable group who act in accordance with the Book of God and follow its teachings. Nor do I deny that some of you did spare your time, energy and life itself to establish the principles of the Our'an, without fear or reluctance. 8ut these are few indeed, a group of individuals who would hate to be reckoned as having associated with you. The activities of these few good, benevolent people will not redeem your sinful deeds, nor mitigate the punishment due for your negligence and lasciviosuenss. Ye Muslim scholars : Follow the example of this righteous group and trace their steps. Do something for lslam. Enough of your long silence and negative reaction. Only in positive, intrepid action lies your good and the good of your religion.

113

INDEX

Preface

I: Chapter ll :
Chapter

What a Muslim Should Know

I
53
Internrdonel Islamlc Federadon of Student Orgrnlzedons

Muslims' Knowledge of their

Jurisprudence