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Sharia and western law

This is a discussion on Sharia and western law within the Help Me Prepare! forums, part of the Learning Zone category; Salaam alaikum, my cousin is preparing an exam-year paper comparing sharia and western law (dutch law), only she is getting ...

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    Salaam alaikum,
    my cousin is preparing an exam-year paper comparing sharia and western law (dutch law), only she is getting non-reliable information from non islamic sources. does anyone happen to know a reliable book/site outlining all the major issues in sharia law?

    JazakAllah.

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    Senior Member Mu'awiya's Avatar
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    asalam alykum

    Go on Islamtoday.Com and Discover Islam section.

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    Senior Member Mu'awiya's Avatar
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    JazzakAllah Kheir..very useful

    if youve got anythign else please post it.

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    Senior Member Mu'awiya's Avatar
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    Asalam alaikum



    THE PRACTICALITY AND MERCY OF THE SHARI`AH


    Any law system has a practical attribute to it, and from this practical attribute, one can come to conclusions and assess the ideas of justice and peace embedded in this system. The Shari`ah is for Muslims and should be to non-Muslims the natural and pure way to save humanity from the clutches of moral degradation. Many people, when they think of the revelation that Allah I sent, they only remember the news and the entertainment that they take from those stories. But these stories are to learn a lesson from those who disobeyed the LAWS that Allah I sent down to be obeyed in the first place. It is for this reason that Allah I revealed,


    We have only revealed this book so that you might judge people in truth.[1]
    It is for the implementation of the laws of Allah I that we should be striving for in this regard. However, the practical side of this is the question of, Can the Shari`ah be implemented and what is the reality today that it will be introduced in as well as the circumstances that require its implementation?



    THE MERCIFUL NATURE OF THE ISLAMIC SHARI`AH

    After the practicality for any system is of course what it has to offer humanity. Under the burden of oppression and ill applied man-made laws, people who should have been punished were rewarded and ushered unto freedom, while those deserving of mercy were given none and made to be subhuman in their own country. These oppressed masses are clamouring for justice and are deserving of the protection that any civilised society should provide for its citizens.



    Those in the Islamic State should never be humiliated in order to extract some sort of monetary gain, or for racial reasons. An example is the Korean/Japanese conflict. In this war, the Koreans were attacked. But the destruction didnt stop just there. After they were defeated, the Koreans were humiliated and made to wear signs that had degrading messages written about them as a race and as a people. The women were declared to be the whores of the Japanese Empire and the children from these unions were hailed to be bastards. The culture of the people was trampled upon and they were made to feel subhuman, with not a single right under the state.

    There then began to be guerrilla warfare and popular unrest. When the Koreans were finally freed from Japanese hegemony, complete hatred existed among them. This in the Islamic State would not have occurred. As history can prove, under the umbrella of the Shari`ah, the Koreans would not have been exterminated, as racial bigotry is not a part of Islam. The children and women would have been taken care of as they are a burden of the Islamic State and are to be cared for and to have their needs met in this regard.

    As far as being degraded and humiliated for belonging to a certain race, again the Shari`ah abhors such things. The culture of a people is to be preserved; in so long as the culture is not calling to paganism or anything that would be considered as unlawful in the Islamic State. But the aspects of culture, which include things such as language, the foods they eat and cultural norms, the Shari`ah does not interfere in that in any way. The people have a right to keep the national customs that they possess, which are not directly antagonistic to the Shari`ah.

    The ability for a people to preserve their customs is a part of their blood and lineage and Islam preserves that. This is why today; the Berber language has been preserved in North Africa, not to mention Hausa, Aramaic and Hebrew. In the early conquests of Islam, the Muslim rulers could have immediately eliminated these languages all together and vanquished whoever disagreed with them from any religion. However, these languages were preserved and the heritage of the people was unharmed.

    One of the best examples of Islams protection of a peoples national heritage and hence their blood and lineage is that of `Abdullah ibn Ruwaiha t. Some of the Jews in Arabia had been instrumental in trying to kill the Prophet r, and due to their continued treachery, the Muslims invaded with the Prophet r and executed the soldiers that were conspiring against them. In the aftermath of the battle, `Abdullah t was walking about, checking that the area had been secured. While on his patrol, he happened across some scrolls of the Torah. He immediately scooped them up and came right to the Prophet r and presented him with them.

    When asked what should be done with them, the Messenger r told him to present them back to the Jews and Ibn Ruwaiha w handed them back to the chief Rabbi.[2] Thus although Allah I has cursed the Jews and has denounced them in many ayaat, as Muslims we do not subscribe to racism and actually try to destroy the cultural heritage of a people. K`ab ibn alAhbaar, `Abdullah ibn Salaam, Wahb ibn alMunabbih w, all former Jews, once came across some old books of the Torah during a siege of a city filled with Jews. But the books were taken and returned back to the Jews.[3] And even today, some of the oldest Jewish manuscripts in history are to be found in museums in the Muslims world.[4] This alone speaks volumes for Islam, and shames the Christians, who during WWII could not control Hitler, who was determined to destroy the Jews.

    In all of this, the lesson to be learned is that the lineage, basic rights and dignity due to any human being are guaranteed under Islam. Of all the human rights violations that the world powers have committed over the past 70 years, Islam doesnt match up to even half of their evil over the past 1400 years. This is precisely why the truth must prevail and that the Shari`ah must be implemented. Only then can the people have their honour and the Earth itself be honoured.

    The problem that exists for the general populous is that their laws, although carefully documented and written down from the minds of men, have never been able to address the human element.



    The reality of laws which are drawn up can be seen by the lop-sided and ineffective implementation. This is based on the fact that the human mind cannot have had the foresight to imagine loopholes or any of the side effects these laws have created such as the the treatmant of the poor and hugh differences between living conditions of people. We will explain one of the issues that show Western law to now be obsolete.




    THEFT AND THE SHARI`AH RESPONSE

    The Shari`ah provides the justice which is unique and unparalleled in all of human history. Lets take for example, the Shari`ah solution to the one who is a professional thief under Islamic law. The one that perpetrates this act under the divine statutes of the Shari`ah is to have his hand removed.[5] But what does this accomplish for the one looking from the outside of the Shari`ah view. This firm but merciful act brings about the following solutions:

    1.The offender is made to be a public example for those that might think to perpetrate such an act in the future. This is what we call free advertising.

    2. There is full recompense for the property that was taken from the victim. Thus the victim of the crime can feel assured that he will not always be a target, as justice will always prevail.

    3. If the man has a family, they are not deprived of his presence. Even though he has done a crime, he is not held in prison and prevented from his wife and children.

    4. It remains as a lesson for the perpetrator so perhaps he may act as a warning to the youth or other criminals that may look to him for guidance.

    5.The perpetrator does not have to wait out a lengthy jail sentence, with the resources of the general public being drained to support his nourishment in the way of food as well as his medical and dental maintenance and learning other criminal tactics.



    This is of use to the one who is neutral when it comes to the Shari`ah. We ask you to consider the third point deeply. In todays so called peaceful democracies, when people commit crimes such as theft, they are held in prison. Although they should be punished for their crime, the punishment should also be one that doesnt overstep the bounds of the crime itself according to Divine Law.



    But we can see that in the case of democracy, the punishment actually does more damage to the person himself and the society than the crime that led to it. If the man that is taken to jail has a family at home and he is the breadwinner, how are they to feed and support themselves without him at home? The children have a father that has been kidnapped by the state in front of their very eyes. Thus they learn at an early age to defy the system and to become anti-state.



    The mother of the children has had her husband removed from her, this leaves a void in her physcoligical and physical stability. She may then wind up in the arms of another man, who will lavish on her the attention and maintenance that she needs. What will the children do when they see a man that is not their father fondling, hugging and cohabiting with their mother? Surely, this will have some effect in the long run on their young minds.



    And once the father is released, things will really heat up. How many jailed husbands have come home, only to find their wives with new lover (s)? We have seen in the news how these jailhouse husbands have reacted. They have murdered their whole family in a fit of rage. So from the very beginning, we are able to see that the judicial system of democracy actually increases crime, instead of reducing it. In the end, the 2,500-pound sterling a week that the state put forward was wasted on this prisoner.


    The desires of the husband must also be thought of in this picture. He may turn to homosexuality while in prison, as these places are breeding grounds for paedophiles, sexual deviants and other social refuse. He may have lovers inside, so he is always dreaming of going back to jail. Thus due to basic human desires, he turns to the disastrous practice of Sodom and Gomorrah. This again will figure on medical expenses, as these episodes will result in AIDS and other social diseases that will surface inside of the prison.




    ADULTERY AND PROMISCUITY

    What is the Shari`ah rule for the adulterer? The one that commits adultery [6] is to be stoned to death under the Divine Law code. Now what does this accomplish for the society? We have outlined some points for the seeker of knowledge in this regard,


    1.The honour of the one who was victimised is vindicated.


    2.Free advertising, which will give the public a chance to observe what the penalty is for such evil acts.


    3.The amount of children born out of wedlock will naturally decrease, as the penalty for adultery is known.


    4.The number of sexual transmitted diseases will be lessened.

    5.The spread of these diseases will be able to be checked and kept at a minimum.

    In modern Western societies, adultery is not even handled as a crime. Rather, it is seen as something that is a distinctly private matter. Unfortunately, in recent years, with the rise of street children from adulterous marriages piling up, we can see that it cannot be passed off as private. These children are the people that the world including the selfish people involved who committed the treasonous act of adultery, forgot about. They are mostly abandoned, to wander life not knowing who they are. They never had anyone close to them, so naturally they are anti-social. They are not able to form associations of right and wrong, because they themselves have been the products of a wrong. Another thing is that they could cohabit or marry their own brothers and sisters due to the fact that no one knows who their relatives are.



    This leads to birth defects and disabled children, along with new diseases previously unknown. Above all, the right of Al `Aziz (the All Mighty) I is the first thing to be preserved. Allah I has said that unlawful sex is a catalyst for diseases unknown before. Before, we only knew of VD, but now there is AIDS. There have been new diseases that have also sprung up. Our Lord has said that whenever people increase in infidelity, He sends new diseases. This is the truth without doubt. This is no laughing matter. We cannot afford to challenge our Lord after He has told us the punishment for unlawful sexual intercourse. It was asked by Zainab bint Jahsh y regarding the end of time tribulations,



    :

    Will we be destroyed even though there are righteous people among us. The Messenger r said, Yes, when Al-KHABATH (the filthy acts of unlawful sexual relations and all other sexual perversions) spreads.[7]


    Likewise, in the time of the Prophet Lut u, the people involved in homosexuality were showered with stones from the sky. The punishment being showered upon these people today is AIDS. Each person is hit with his own stone, which today is the AIDS virus, thus although the methodology changes, the punishment that Allah I metes out does not. Allah I knows what methods there will be in the future, but they will no doubt match in severity with each new evil.



    Perhaps the most painful and tearful result of this is that these children born out of wedlock have never known anyone in their life to love them, so the world appears as a much lonelier and bigger place to them. But they are not alone. Allah I is there and will provide for their justice and rights that are listed under His Divine Law, as He I cares for everything from the greatest to the smallest creation. He I also has mercy on those who have been victimised, and the children who came from this environment most certainly have been.



    We can see from the first and second examples mentioned, that the Shari`ah is tremendously precise. On the other hand, the punishment of adultery can only be implemented if there are four witnesses that unanimously agree that they have seen the incident. Obviously, if four people see the incident in its details, it means there was a show going on, which is difficult to prove most of the time. But the threat of being stoned to death acts as a deterrent and shakes the mind of those who consider adultery. For example, the offending member of the professional thief, the hand is amputated and taken away so it will not harm society again. With the adulterer/adulteress, it is the whole person, as this was the offending factor. Everything from their envying eyes, to the private parts all the way to the hands and the feet played an offending role. Thus all of it must go. Islam also gives women and men the equal right to divorce if the woman or the man is not competent for the other partner. This is unlike other false religions, where if the people are not compatible, they are stuck together. Another reason is that if people learn that there is an adulterous person, they may become tempted to seek that person out, since the adulterous person is loose and willing to cohabit with anyone and the Shaitan will use him or her as a banner for sin and temptation. The Shari`ah answers these whims and temptations in the most merciful and practical manner possible.




    PROTECTION UNDER THE SHARI`AH


    As we discussed previously, the Shari`ah has come to protect the chastity and well being of man. But there is still much more that we have not considered regarding this Divine code of laws. It should be made clear to our brothers and sisters that the Shari`ah has also come to preserve the 5 most important things in human life, those being


    • Faith



    • Blood



    • Honour



    • Money/Wealth



    • Intellect




    FAITH

    When the Shari`ah came, it was to protect every single person that was enveloped under its canopy. It gave the Muslims the right to worship, and even extended the right to the kuffar (unbelievers), so long as they were in covenant with the state. Those who could be accepted as in covenant with the state are the Jews, Christians and Parsees.

    Although the Jews are cursed and the object of the wrath of Allah I, the Christians are astray and the Parsees worship fire, the origins of their religion still lies with a book that was revealed to them by Allah I long ago. [8] Due to this fact, Allah I has set aside protection for them as long as they are under the command of the Islamic State. That command consists of them paying the jizya (tax imposed by Muslims on kuffar), and not being involved in intrigues against the state. In return, they will be free to practice their religion and to go unmolested by the Islamic rulers or the subjects, and they will not be subject to any attack or abuse.
    At the same time, while they may practice their religion, they may not propagate their faith to others, as the wrong religion, even if protected under Islam, has no right to call the people of truth unto its doors. Another issue is the fact that these people drink wine as part of their religious ritual, something expressly forbidden in Islam.

    Although they may do so in the privacy of their own homes, it is forbidden for them to advertise, import or export alcohol or any other forbidden things into the Islamic state. It is also unlawful for them to overtly practise their religious festivals, or to call the Muslims to do so.

    There are some false religions not recognised by the Lord of the Universe and are not entitled to protection. These religions are those like voodoo, witchcraft and all assorted types of idol worship.

    These religions are just out and out paganism, thus they entitle no protection from the state of a Divine Sovereign like Allah I. Therefore, the faith must be one that is recognised by Allah I and is monotheistic in origin.

    Although their religion is unrecognised, as long as they do not interfere with the practices of the Islamic State, they will be safe from the swords of majesty from the armies of the Mujaahidin. However, their meat is unlawful for us, their women are not for us to marry and all of their festivals are strictly forbidden in the open.
    This must be the case, as the wrong religion should have no right to put the people to trial with its superstitions and festivals, many of which are outright kufr or have some shirk in their rituals. And to protect the faith of Muslims, Allah I has,

    1.Forbidden apostasy and made a punishment for it.

    2.Forbidden Muslims to live among kuffar, so the kuffar dont influence Islam or Muslims.

    3.Made the Muslim woman off limits to marrying a kaafir man, for he will influence her.

    4.Made it compulsory for people to seek knowledge about Islam and made the extra knowledge compulsory for the scholars to protect Muslims.

    5.Urged enjoining the right and forbidding the wrong so that the law and order of Islam will be intact.

    6.Put forward jihaad as being compulsory, offensive and defensive, as Muslims have been commanded to protect themselves and invite others to Islam. This is also for people who have been soured towards Islam by the propaganda of the media who might also be conquered and ruled by Islam, so that they might see the truth unadulterated and then become Muslims.

    7.Set a standard for loyalty and disloyalty in Islam to keep deviants and kuffar from taking the lead and destroying the religion with their falsehood. This is also to discourage and forbid treason towards the Islamic State, Allah I, the Prophet r and the Muslims in general.

    8.Opened the door for anyone who sinned to have a good fresh start through repentance and to re-establish his or her relationship to the Holy God of truth.

    9.Help those who are not Muslims to come forward through the improvement of their religion, even though they are not Muslims. The example would be that if a Jew were to accept Jesus u as the Messiah. He would be encouraged to do so, as this would bring him closer to Islam. Another example would be a Christian denouncing the Trinity and accepting complete Monotheism. He would be encouraged to do so and aided in his quest.

    It would not, however, be accepted in the Islamic state for the Christian to denounce Moses u as a prophet or Jesus u as the Messiah. This is unacceptable, as it violates the truth of the tenets that his very own religion is based on.




    2. BLOOD

    The blood that is preserved in this regard is in relation to the right of people to have justice administered on their behalf. Everyone in the Islamic state, whether they are Muslim or even a kaafir under the protection of the Islamic State, deserves to have himself and those people close to him safeguarded from harm.

    An example would be the one who was physically assaulted. This one has the right to vindications, which is the payment for his medicine or care to cure his injuries. He must be protected, so that he may feel secure in going out and about whenever he wishes. If he cannot feel safe in the Islamic State, then he will take the law into his own hands in order to ensure that his blood is preserved.

    Under the Shari`ah people who murder deliberately are to be killed. This is to stop the appearance of serial killers and copycat killers that are so prevalent in todays societies.

    The one who has killed by accident, such as in the case of fights that get out of control or on the job accidents is to pay a blood ransom to the family of the one killed. This way, the family isnt poverty-stricken and the children, wives and husbands in the family are still able to have sustenance.

    The one who damaged someones body, such as an eye or tooth, Islam makes it lawful for the people involved to take the eye or tooth of the offending person, or to accept compensation on the part of the offender.

    Suicide is also made forbidden, as it is harm on the human body and a form of self-oppression that has consequences in the next life. This also stops the trend of mass suicides, based on copycat suicide.

    A person who kills for an illegitimate purpose will be deprived from any state benefits. Likewise, the one who would kill his father, mother or both parents is not allowed to inherit from them.

    Allah I has made a strong discipline for trade, divorce and transactions, so that it might not result in killing, enmity and fighting amongst the Muslims. It is obligatory for people to train and defend themselves so that they dont become easy targets for those that want to kill them.

    It has been ordered to disable and disarm people who are committing bodily harm and ambushing people to gain their property. This is in addition to the fact that it halts armed and strong-armed[9] robbery.

    Everyone has been made responsible for his actions as well as the actions of those he is looking after, such as someones children. The Shari`ah has made it compulsory for those who are ill to seek medicine and not to wait without a cure. This is so people will always be healthy and fit. People have also been halted from doing things that would bring disease, such as urinating in stagnant water, eating with the same hand that one uses to cleanse oneself while in the bathroom. Unsanitary practices such as these are prevented.

    Any man or woman has the right to defend him or herself from any harm that a belligerent person might mean towards them. If someone is attempting to kill a person, the one under threat has the right to defend himself and if necessary kill the imposing person.

    Also, anything that provokes enmity in the community that could result in murder is prevented in Islam. This is why it is forbidden in Islam to point a weapon at another person, as this could bring enmity or result in murder. Islam has forbidden all of these doorways to disaster.



    3. LINEAGE/HONOUR


    The Shari`ah preserves the lineage of others by halting fornication and other excesses. This is accomplished through preserving the lineage of people through marriage and discouraging and opposing fornication. If people do not get married and they do not conduct their physical and social relationships through the divine and healthy manner, then there will most assuredly be Divine repercussions.

    When people who are not recognised by Divine Law become a couple there are many things that result. If they should have children, those children will not grow up well adjusted, due to the fact that they are illegitimate. If the relationship ends, the father is not responsible for the children and abandonment is an issue all too familiar in industrialised nations these days.

    When these children grow up, they will also mimic their forbearers in action and will carry on this horrendous sin. They may even cohabit with and have children with their own relatives, due to the fact that in unmarried relationships, no one pays any mind to lineage. Thus a half sister or a half brother could cohabit with his or her sibling who was raised in another household. This would in turn produce children that have birth defects, due to no fault of the children. For the fault of others, these children would be made to suffer and would either wind up in an orphanage, or be abandoned by the very ones who are supposed to love them.

    In addition to this, even in the law of the West, illegitimate children do not inherit in the case of written wills and issues of inheritance.

    The Shari`ah holds the same rule for inheritance and wills and testaments, but in its function is the exact opposite. The bonds of marriage are the only ones recognised, and the people are made to adhere to these things. When marriage is performed, there must be witnesses, and when there is a divorce there must also be witnesses. This way, there can be no confusion and no incestuous relationships, since the people doing the marriage contract are also being overseen by their perspective families. If the people should recognise each other or should have a relative in common that would make them unlawful relations for marriage, the contract would immediately be cancelled. The children that would suffer birth defects would not come into the picture, since this near disaster was quickly averted.

    The Shari`ah has made different punishments for sexual crimes, such as stoning to death in the case of adultery, flogging in the case of fornication and in some cases even deportation. The Divine Legislator has also stopped the ways to adultery, which He I did by encouraging marriage between free men and women or the purchase and marriage of slave women for those that are not able to marry a free woman.

    Hijaab has been made compulsory to reduce the trials and tribulations in a sexually active society. It has also been made haraam for women to talk leniently to strangers so that people dont hope for haraam. To help this action, the Quran has made it compulsory to lower the gaze for men and women. The Islamic laws, so advanced are they, actually taught the manners of asking permission before entering a room or residence for men and women.

    Islam has also prohibited any woman to stay or travel alone with a man without a mahram (an adult male guardian who protects the females physical and spiritual interests) in or to an unsupervised and private location. This simple and decisive action eliminated date rape as well as most forms of sexual harassment in one swoop.

    Divorce has been permitted and termination of marriage has been made lawful from the womans side for whoever is harmed by the marriage relation and to find another alternative. It is compulsory for women to wait for `iddah [10] after divorce or the death of their husbands or termination of marriage from their sides, so different mens semen doesnt mix inside the womens wombs. This law exists in order to preserve the lineage of unborn children.

    In further elaboration on the honour, the Shari`ah has protected the honour of the Muslim men and women and has legislated flogging for false/or unproven allegations or accusations of fornication. It also forbid backbiting or calling each other names. Even using nicknames for believers is forbidden, if it is held to be offensive by those being given the nickname.

    People were also prohibited from going around bad areas where people that are in sin reside, such as brothels, drug areas, pubs and so on [11]. This is so that no accusations can be flung at the believers and that their reputation might remain safe from being tarnished. This abandonment of these areas can also act as a form of social ostracism; this would encourage the people involved in the sin to reform and to rejoin the rest of the Islamic community.



    MONEY/WEALTH/PROPERTY

    Money and wealth is protected under the Shari`ah by the sense of conservation and the adamant denial of waste. Those current wasters of todays times use lotteries and other get rich quick schemes as a way to subvert people and to cheat them out of their wealth and to line their pockets with the wealth of the innocent masses.

    To protect the wealth of people, the Shari`ah forbid usury, theft and any transaction based on uncertain circumstances. Gambling was forbidden along with the houses where these practices are carried out. Rules and regulations were made for transactions so that people do not take each others money unlawfully.

    Trading in prostitution, cigarettes, alcohol, dogs and other harmful things were also forbidden, that they should not become a way of earning. Wasting wealth was forbidden and the Shari`ah classed the insane as unfit to hold his own money; therefore he should have a guardian to protect him.

    The Shari`ah legislated that there should be a guardian to look after the youngster, particularly the orphan, to look after their affairs, so that when they grow up, they find their money intact. They should not find it eaten by the guardian or the community. It has also been prohibited to take tax from the earnings of people, as everyone has different spending and needs and cannot be taxed for his earning. Instead, it purifies the stagnant money of savings by a tiny portion to go to the poor and needy of the state. Thus the poor and needy dont have to resort to stealing or have hatred for the rich, for they know that the wealthy will take care of them. The Muslims even waged a war against those who refused to pay the zakat in the time of Abu Bakr t (a close companion of the Prophet r), so that they might reserve the right of the poor.

    Islam has also set portions in the heritage or bequest of a relative, specific portions for each one and prohibited exceeding that amount and for anyone to be denied his right. In general, it prohibited anything that can destroy peoples property or waste wealth. The Shari`ah ensured that people will enjoy safety and maximum benefit from what they have.

    The lottery in most industrialised countries is actually a certain amount of tax money being taken from the people and used for gambling. These groups primarily set up their operations in poor neighbourhoods, to take more money from the people. In many cases, there is no winning number, and when there is, the possibility for winning is so slim; one has a greater chance of becoming the ruler of a corrupt Latin American nation than winning that particular lottery.

    On top of this, when and if one does win the lottery, the taxes that will be exacted from them will be so murderous that it will be as if they had really never won at all. In addition to this, the state is not going to help them to manage their money or create a budget for them, so due to this; they will waste a lot of money. How many people have won the lottery and have been without a single scrap of cloth to their name after only a few nights? With this in mind, we would like the brothers and the sisters to understand that abuse of wealth has implications for the abuse of every thing else. One who abuses his wealth to buy drugs will ultimately abuse his mind and in turn abuse his family, the bedrock of society.

    As explained before, Islam protects the money of the people by cutting the right hand and left foot of the strong-arm robber, killing the one who kills for money and amputating the hand of the person who steals money without excuse. Thus the safety and satisfaction for the victim is at its best.



    INTELLECT

    The mind is such a precious human attribute that Allah I has endowed us with it while we are on this Earth. To preserve it and nurture it is paramount in order to have a healthy and productive human society. Things that pollute the human mind and distort the intellect of the human race will ultimately change and distort beyond recognition the fabric of society. All the sensory aspects that the human mind uses to understand and make sense of the world must be preserved.

    With the television, advertisements for alcohol entice the viewer to purchase products that distort the mind. While thinking about which brand of alcohol to buy, the viewers attention has already been directed away from constructive things, such as remembering Allah I, teaching the children, spending time with the wife and so on. These things then cease to be the priority and the desire for unlawful products increases and this becomes the main source of attention.

    The Shari`ah works to eliminate this atmosphere, as there should be no advertisements of the kind on television to tempt people away from their real goals in life. The television is a neutral device; therefore it could be used for either good or evil. In the Shari`ah, the television should only be used for the purposes of good. Advertisements for evil should not be on the television for children, women and others to see. This therefore stops the destructive stimulation of the visual, which could pollute the mind. Not only is it just the advertisements, it is the programming that is also dangerous. Programs that teach intellectually bankrupt theories like Darwinism, atheism, agnosticism and the like, all challenging the sovereignty of Allah I, they should be barred.

    Likewise, occult arts like black magic, witchcraft and other dark arts should be repressed viciously without any reservations.

    The radio as well has become a source of vice, with advertisements of where the next dance club frequented by drunken people will be opened and how many women are going to be searching for men on the premises. The human mind, upon hearing this, will become enticed for women and thus lends to the environment of fornication. The person will listen to the directions, and even if he is married, he may plan to go there for an easy night of zina (fornication) and drinking. The goal of the Shari`ah is to eliminate these establishments, so that the mind may be occupied with useful things and that the ears will record things that can benefit, such as Quran, ahaadith, family cohesion, medicine, the first words of the persons children and so on.

    The final obstacle to the human mind is actually taking the intoxicants themselves. This includes products such as cocaine, speed, cigarettes, heroine, alcohol, ice, acid, PCP and so on. These things are completely outlawed and banned from the Islamic State. In Islam, these things are seen as an out and out assault on the human mind and an attack against the human intellect. Their usage leads to nothing but harm for the individual and for others who the individual may wound in his attempt to attain more of the intoxicant. Some people who are not even connected to the trade of drug trafficking may be killed or seriously injured while being robbed for their money by one of these people.

    Anything that could lead to doing these haraam activities is also forbidden, as that which acts as a teaching stick leads to the path of what is being taught. An example would be the ingestion of marijuana. Not only is the ingestion of this subject forbidden in the Shari`ah, but advertising and inviting others to it is even forbidden, even if the product is not on the person of the one making the invitation.

    Thinking practically and with what Allah I has said in His revelation, we are not allowed to attempt to kill or poison others or ourselves in any manner. The Shari`ah stands as an opponent to these evils and as an enemy for those who would give license to and sanction the destruction of the human mind.



    THE GENERAL AND CONCISE NATURE OF THE SHARI`AH


    The nature of the Shari`ah and how it deals with general subjects is unprecedented. Although every single action that a human being could do is not listed in the Quran, the general things are listed. These general things, due to the concise and at the same time comprehensive language of the Quran, these unmentioned things are still covered and able to be answered.

    Due to this fact, the Quran and the Sunna even have answers to such popular questions today as baby scanning, late term abortions, test tube children and so forth. This is the nature of the divine and sanctified law that we have been given. We give you the heart-warming words of Shaikh ul-Islam Ibn Taymiyyah when he speaks of the law of our Majestic Lawgiver,

    The correct matters, which are agreed upon among the majority of the scholars is that, the verses were complete and comprehensive and would cater to the majority of the peoples actions. Some people say that it actually caters for all peoples actions, not only the majority. Others deny that because they dont understand the meaning of general verses from the statements of Allah and His Messenger. It is comprehensive or universal to the judgements of peoples actions.

    That is because Allah I has sent Muhammad r with Jawaami` ul-Kalaam (the most concise words with the most comprehensive meanings). So he r will say one comprehensive general word, which becomes a general and practical rule and could deal with many varieties of action. These varieties can have incalculable incidents and from this point of view, verses are comprehensive and enough to deal with an infinity of incidents.[12]

    Al `Allamah al-Imaam Abu Ishaaq Ibrahim ibn Musa al Gharnaati ash-Shaatibi [13] said, when commenting about the verse,



    This day I have completed your religion,[14]

    If it was meant by this ayah that achievement of every particular action, then we should know that every action is infinitely various and we can not eliminate it with one small verse or one order. But the scholars indicated that what is meant by alkamaal (the root of the word in the ayah that means completion of the religion) is in accordance to what people will need from the general rules, which can cater to an infinity of incidents.[15]

    Further elaboration can also be made by al `Allamah Abu `Abdullah Shams ud-Din Muhammad ibn Abi Bakr ad-Dimashqi (Ibn Qayyim alJawziyyah) , [16]

    When Allah I says,




    Then if you dispute in something, take it back and return it to Allah and His Messenger, if you believe in Allah and the Hereafter. That is good and the best interpretation.[17]

    When Allah said a thing, it means a general thing, which includes anything, even the most insignificant matter or incident in regards to the Shari`ah or day- to-day matters.

    To relate it to what Allah revealed, when Allah says this, it means that it is impossible for Him to have ordered people to relate everything to the Book and Sunna, without knowing that there are general rules which will solve the matter. People unanimously agreed that taking matters to Allah, when he said, returning matters to Allah is to return to his Book and returning matters to the Messenger r is to return to his Sunna, after he dies.[18]

    This is all based on what Allah I has said,


    Doesnt He know, the One who creates, and He is Most Kind and All Aware?[19]

    So every thing His creation will need has already been catered for before it was created, let alone before they needed it.
    To find out about what a particular people need for a particular incident and what they are subject to, we therefore would like to highlight a very important point,

    When the kuffar were looking for a man-made law, they were solving a problem that existed with their societies, as they had no holy book to give them guidance just as a sheep needs a shepherd. They needed to use some comments and logic to take them from their political ineptitude to their current state of human affairs. They were all slaves to the church, monarchy or the tradesmen. This is why in the end they had to disable the monarchy, destroy the church and globalise the tradesmen, as we see in capitalism.

    But when Muslims went looking for man-made law, they were creating a problem for themselves that did not exist before, as they were leaving what was comprehensive for what was local, unpractical and prejudiced. What was a dose of medicine to the West was a dose of poison to our Ummah. As a result, things have reversed, and instead of the kuffar coming and learning about civilisation in our universities and our lands, we are now forced to learn in their lands and their universities.



    WHEN EXACTLY DID THE SHARI`AH SUFFER DISTORTION?


    Due to the rigidity of the madhhabism [20], some people tried to follow their madhhab without thinking and continuing the way of Ahl us-Sunna walJama`ah in regards to the use of the general rules to cater for an infinity of incidents. Due to this rigidity, they have actually tightened and hampered the mercy of Allah I on mankind to use the general rules that He sent down to them. That opened the doors and left no alternative for the rulers and especially those who are not god-fearing except to copy, imitate and sometimes invent proclamations that they call law to cover up for the rigidity of the scholars.

    This is the case especially with the political and military affairs of the Shari`ah, which scholars sometimes failed to use their minds and the Quranic verses in order to deliver the proper punishment for negligence in the Islamic army which would satisfy the rulers and maintain discipline. Similarly, when people were undisciplined and went to defy the rulers, scholars failed to introduce the relevant Islamic rules (due to rigidity in madhhabism) for maintaining discipline, law and order for the states.
    Imitating the laws of kuffar started late in the Uthmaaniyyah khilaafa. It was in particular in the trading laws, and then it followed in different aspects of law by the late 19th century with such people as Muraad V, who was the first khalifa to successfully bring the parliaments into the Islamic Empire and to draw up a constitution. The other `Uthmaanic states that were the Arab lands in the Middle East also followed. During this time, the Crusades against Muslims and colonisation of the Muslim lands continued in what was called the modern occupation.

    This also accelerated not only the use of man-made law in the Shari`ah in such areas as legislation and judgement, but also in all aspects of life, such as internal and external policies, media and education, as well as economy. The result of that is that the Islamic environment changed into a kaafir environment and what was left were some traditions that will die as time goes on.





    [1] Surat un-Nisaa, ayah 105

    [2] Please check the books of Sirah, such as Ibn Hishaam, ibn Ishaaq and Ibn Taymiyyah.

    [3] Ibid

    [4] An example of this is the Dead Sea Scrolls and the Nag Hammadi manuscripts, previously under supervision in Jordan and Egypt. It is also important to mention that many Hebrew manuscripts are held in Geniza (museums of Jewish culture and literature) shops in Egypt.

    [5]The minimum that the thief can be punished for is the theft of 15 pounds sterling ($7.20). This does not include the one who is stealing for the basic human needs, such as bread, milk, water and the like. In this case, the person is not punished with amputation. But one not stealing for need, like the one who is stealing furniture, stereo equipment, alcohol (which shouldnt even exist in the Islamic state!) and other non-essentials is to have the hand amputated. Likewise, if someone steals less than fifteen pounds, the judgement of amputation is not to be applied on him either. If he steals from something that is left out and the owner is negligent; he is not punished with amputation.

    [6] Adultery is when the person that is married has sexual intercourse with a person that is other than their spouse. For the person that is not married, this is classed as fornication, which is an offense where they would be lashed. Although in English, there are two separate words, in Arabic there is only one word, which is zina, which can mean both fornication and adultery.

    [7] Narrated from Sahih alBukhaari

    [8] It is only Imaam `Ali t who said that the fire worshippers had a book. Most scholars do not agree with this opinion, however.

    [9] Strong-armed robbery is where someone comes with just threats or maybe shakes their fists at a person and says, Give me your money. It could also be that the person physically assaults the victim, and then demands the money of the person.

    [10] This is a compulsory waiting period that a woman must observe after divorce. During this waiting period, if she is found to be pregnant, then the previous husband will know and the second husband will not think that it is his and have the responsibility of tending for the child. The woman will also not be able to trick the husband into paying for a child that is not his, which happens in so many Western societies today with spiteful women who want revenge from ex-husbands or lovers. This is also to stop the child form inheriting from those who are not his/her father as well as to keep away paternity suits that are baseless. And how many a child or parent has found out through blood test that they are not related to the person said to be their child or parent? Rather, the male involved in the previous marriage was the true father. This divine law of Allah I keeps away this confusion and also keeps away diseases from too many sexual partners at one time, which is an epidemic nowadays.


    [11] These institutions shouldnt even exist in the Islamic state, so the temptation would not be there. But outside of the Islamic state, the believer should still stay far from these places.

    [12] Majmu`a Fataawa, V. 19, p.281


    [13] D. 790 AH/1388 AD. This was one of the great scholars of Spain, who hailed from the city Gharnaata (Granada). He was known for such outstanding works as alMuwaafiqaat, as well as al`Itisaam. The knowledge that he left behind has and will remain a treasure for the Ummah showing the great scholarship that was Spain.


    [14] Surat ulMaida, ayah 3

    [15] al `Itisaam, V. 2, p.305


    [16] 691-751 AH/1292-1350 AD. The great Hanbali scholar, known for many notable works. He was one of the top students of Ibn Taymiyyah and is the one who visited him regularly throughout his time in the jailhouse. We have him to thank for the transcription and preservation of many of the works of Ibn Taymiyyah , for he was there for the good times and the bad times. He was a great friend, and was supportive throughout all the trials the Shaikh underwent. He was not like many parasites today, who laugh and smile and attach themselves to the proper scholars through the good times, and then when you are arrested, they either distance themselves from you in the public or they feign as if they never knew you.


    [17] Surat un-Nisaa, ayah 59

    [18] I`laam alMuwaqqain, V. 1, p.49

    [19] Surat ulMulk, ayah 14

    [20] This is to follow blindly the four schools of thought (Hanbali, Hanafi, Shaafi`ii and Maaliki) without knowing the evidence of their conclusions and the general Islamic rules that they have used which Allah I has said cater to an infinity of incidents.


  6. #6
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    Default Re: Sharia and western law

    Asalamu Alaykum

    You can try The book Sacred Freedoms writen by Haneef Oliver

    this book talks about the supiriorety of the Sarii'ah to western laws

    and the supiriorety of the islamic society to western society

  7. #7
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    Default Re: Sharia and western law

    Very interesting, just the stuff I was looking for.

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