SOME OF THE CHARACTERISTICS OF AN ARTICLE OF ISLAMIC LAW ( THE FIRST)

An article written by Sheikh Abdul Karim Zidan in the year 1338 AH - 1963 CE under the title (Some Characteristics of Islamic Law) and was published in the Islamic Education Magazine in three episodes in its ninth, tenth and eleventh issues respectively of that year. Below is the first episode, which was published in the ninth issue of the year 1338 AH - 1963 CE, and in order to achieve the benefit, it is recommended to read the second and third episode after reading it, because these episodes are related to each other with one topic .

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Written by Dr. Abdul Karim Zidan

Teacher of Islamic law, Faculty of Law

Introduction :

Islamic law - in the terminology of the jurists - the rulings that God legislated for His servants and communicated them to them through the words of His Messenger. The basis for the management of the transmission of Islamic law and the laws before it of the divine is based on the idea of ​​the Creator. The universe and what is in it and whoever is in it is a creature of a great Creator, God, the Majestic. And one of the requirements of God Almighty’s wisdom, lordship and mercy is to prepare for every creature what he needs and fit his nature, fix his condition and achieve the purpose for which he was created. And man - who is an excellent creature - needs guidance from his Creator and an introduction to his relationship with the universe and the purpose for which he was created, and he also needs an explanation of the milestones of life and the rules of behavior in society. The wisdom of God refuses to leave a person in vain without directing the path of truth or explaining the rules of behavior in society, and whoever thinks otherwise has made a mistake, the Almighty said: (Does a person count to be left in a void?) That is, it is not ordered or terminated, as Imam Al-Shafi’i and others said. The order and prohibition is nothing but a statement of the methods of behavior in life and the rules for organizing the various human affairs, and this is what was included in the provisions of Islamic law .

This Sharia had absolute legal sovereignty in the Islamic community, so the state was established on its basis and organized the affairs of society according to its rules, and the rights and duties of individuals were defined in accordance with its provisions and regulations, and no matter of life was deviated from its provisions. The people were happy with it, God willing, to be happy. Then the Sharia fell in the application and abandoned by Muslims in an unpleasant desert and isolated from the reality of life until the matter ended up not being applied in most Islamic countries except in family ties (personal status). Despite all this, we believe that the future is for Islamic law and that legal sovereignty will be in it in a not distant day for a number of reasons, including :

First : The application of Islamic law in the eyes of Muslims is a legitimate duty, and that is why they are keen to implement the provisions of their Sharia and they call for this on the Sunnis and their scholars, and some of the leaders of the opinion have taken part in this call, and it is most likely that the governments in Islamic countries will respond to this call and respond to it if it increases Advocates it .

Second : The law in every nation is considered a part of its conscience, its aspirations, a guarantee of its faith, and the stability of its traditions, ideals, ideas in life and the goals that they aspire to. And the law that is intended for him to remain and for which the nation is satisfied is in which these meanings and the like are realized. Islamic law is the only one in which these meanings and the like are fulfilled. And Islamic law is the only one in which these meanings are fulfilled in relation to Islamic countries, and therefore it is natural and consistent with the requirements of matters and the interest of the nation for Islamic law to be the applicable law in these countries and the basis for all legalization therein .

Third : The Islamic Sharia - regardless of whether it is a religion - is valid for every time and place. It is not restricted by the needs of people and the new affairs and conditions of them. This fact was realized by those involved in the study of law and declared by international conferences such as the Hague Conference on International Law held in the year 1938 AD, where the meeting decided that Islamic Sharia is considered a source of general legislation and that it is a living, flexible law and it is self-standing and not taken from others. When we mention this testimony from Western scholars, it does not mean that we are in doubt about the goodness of our Sharia, or that we need a testimony from others on this righteousness .

What hastens the realization of what we expect and hope from the return of Sharia to its previous legal sovereignty is the establishment of a jurisprudential renaissance to study Islamic law and clarify its principles, rules and provisions, and fulfill the needs of society in a new style, modern approach and palatable language. We glimpse the heralds of this renaissance looming on the horizon and expanding day by day, and among its manifestations is the production that scholars in Islamic countries present in various studies of Sharia .

Characteristics of Islamic law :

Islamic law has characteristics that distinguish it from others, and we do not want to mention it exclusively and then come to it in detail. Rather, we want to mention the most important of them with a brief explanation of them. It is not attached to copies or changes, covering all life affairs

First : Islamic law from God

The source of Islamic law is God Almighty, for it is his revelation to his Messenger in word and meaning, which is the Qur’an, or in a meaning without a word, which is the Sunnah of the Prophet. In this regard, it differs fundamentally from all the positive laws, because the source of these laws is human beings and the source of Islamic law is the Lord of mankind. This fundamental disagreement had important consequences, including :

A) The principles and provisions of Sharia law are devoid of meanings of injustice, imperfection and idiosyncrasy because their maker is God Almighty, and God Almighty has absolute perfection that is one of the requirements of himself, unlike man-made laws that do not depart from these meanings because they are man-made, and man is not devoid of meanings of ignorance And injustice, inferiority and fancy ... It is enough to mention here one example that indicates the truthfulness of what we say .

Islamic law came up with the principle of equality between people regardless of their difference in color, gender or language. And made the basis of differentiation among them good work and how much they offer individual good, he says: (O mankind! We have created you male and female and made you into nations and tribes so that the sight of God that God knows expert) and this principle came by Islamic law at a time The asabiyyah of gender and tribe was the basis for building society and differentiating and differentiating people. This just principle has been strictly applied and the roots of nervousness have been eradicated, and there is no longer the privilege of gender or color, so there is no preference for an Arab over a non-Arab except with piety, as stated in the noble hadith about the Prophet. And everyone is equal before the law, so that the Messenger said when he interceded for a woman from Banu Makhzum, she stole:(And God willing, if Fatima Bint Muhammad had been stolen, her hand would have been cut off) In the twentieth century, many countries could not achieve this correct principle. In the United States of America, differences still exist between citizens on the basis of color and gender, so the white-skinned person is superior to a person of skin There is no equality between the two before the law or in the enjoyment of rights, even if the two hold American citizenships. The law protects and approves this distinction. In fact, some states stipulate strange provisions that are not acceptable to the living conscience nor approved by the sound mind. From this stipulation that a marriage between a white person and another negro is considered a void marriage. And the stipulation that everyone who prints, publishes, or distributes what is in it urges the public to establish social equality and marriage between whites and blacks, or to present arguments to the public or just suggest this way, his work is considered a crime punishable by law with a fine not exceeding five hundred dollars or imprisonment for a period not exceeding six months Or with two penalties.In the United States of America, differences still exist between citizens on the basis of color and sex. The white-skinned person is of the highest status and the highest degree of the black-skinned person, and there is no equality between the two before the law nor in the enjoyment of rights, even if the two hold American citizenship. The law protects and approves this distinction. In fact, some states stipulate strange provisions that are not acceptable to the living conscience nor approved by the sound mind. From this stipulation that a marriage between a white person and another negro is considered a void marriage. And the stipulation that everyone who prints, publishes, or distributes what is in it urges the public to establish social equality and marriage between whites and blacks, or to present arguments to the public or just suggest this way, his work is considered a crime punishable by law with a fine not exceeding five hundred dollars or imprisonment for a period not exceeding six months Or with two penalties.In the United States of America, differences still exist between citizens on the basis of color and sex. The white-skinned person is of the highest status and the highest degree of the black-skinned person, and there is no equality between the two before the law nor in the enjoyment of rights, even if the two hold American citizenship. The law protects and approves this distinction. In fact, some states stipulate strange provisions that are not acceptable to the living conscience nor approved by the sound mind. From this stipulation that a marriage between a white person and another negro is considered a void marriage. And the stipulation that everyone who prints, publishes, or distributes what is in it urges the public to establish social equality and marriage between whites and blacks, or to present arguments to the public or just suggest this way, his work is considered a crime punishable by law with a fine not exceeding five hundred dollars or imprisonment for a period not exceeding six months Or with two penalties.The white-skinned person is superior to the black-skinned person, and there is no equality between the two before the law nor in the enjoyment of rights, even if the two hold American citizenship. The law protects and approves this distinction. In fact, some states stipulate strange provisions that are not acceptable to the living conscience nor approved by the sound mind. From this stipulation that a marriage between a white person and another negro is considered a void marriage. And the stipulation that everyone who prints, publishes, or distributes what is in it urges the public to establish social equality and marriage between whites and blacks, or to present arguments to the public or just suggest this way, his work is considered a crime punishable by law with a fine not exceeding five hundred dollars or imprisonment for a period not exceeding six months Or with two penalties.The white-skinned person is superior to the black-skinned person, and there is no equality between the two before the law nor in the enjoyment of rights, even if the two hold American citizenship. The law protects and approves this distinction. In fact, some states stipulate strange provisions that are not acceptable to the living conscience nor approved by the sound mind. From this stipulation that a marriage between a white person and another negro is considered a void marriage. And the stipulation that everyone who prints, publishes, or distributes what is in it urges the public to establish social equality and marriage between whites and blacks, or to present arguments to the public or just suggest this way, his work is considered a crime punishable by law with a fine not exceeding five hundred dollars or imprisonment for a period not exceeding six months Or with two penalties.Rather, some states have their laws stipulating strange rulings that are not acceptable to the conscience and the sound mind does not approve of, from that provision that a marriage between a white person and another negro is considered a void marriage. And the stipulation that everyone who prints, publishes, or distributes what is in it urges the public to establish social equality and marriage between whites and blacks, or to present arguments to the public or just suggest this way, his work is considered a crime punishable by law with a fine not exceeding five hundred dollars or imprisonment for a period not exceeding six months Or with two penalties. Rather, some states have their laws stipulating strange rulings that are not acceptable to the conscience and the sound mind does not approve of, from that provision that a marriage between a white person and another negro is considered a void marriage. And the stipulation that everyone who prints, publishes, or distributes what is in it urges the public to establish social equality and marriage between whites and blacks, or to present arguments to the public or just suggest this way, his work is considered a crime punishable by law with a fine not exceeding five hundred dollars or imprisonment for a period not exceeding six months Or with two penalties .

B) The provisions of the Sharia have prestige and respect in the souls of those who believe in them, because they are issued by God and therefore have the quality of religion, and what this quality has the right to be respected and obeyed is a voluntary obedience that emanates from the soul and is based on faith and that a person is not forcibly forced. In all of this, it is the greatest guarantee for the proper application of Islamic law by everyone and not to violate it. Man-made laws do not reach the amount of Islamic law in this regard, as they do not have the same power over souls, and therefore the souls dare to violate the positive law whenever they are able to evade the control of the law and the authority of the judiciary and see in this violation a fulfillment of their whims and achieve their own interests. There is no doubt that the value of the law is estimated by its validity first, by the degree of respect for the people and the extent of its authority over their souls and their obedience to its provisions, secondly. We sufficed here to give one example to clarify this meaning :

The Arabs in ignorance were fond of drinking wine, they were accustomed to it, and they did not see anything wrong or unfair in that. When Islam came to be included with them in destroying them until God's judgment categorical in destroying them down, saying the Almighty: (O ye who believe! Wine, and gambling and an abomination of Satan, avoid that ye may prosper), was the word (avoid it) of prestige, respect and influence in the soul zap Muslims To the alleys of their wines, they cut them with knives and knives, and they poured out what was in them, and searched the corners of their homes, hoping that they would find a remnant of wine that they missed spilling it out. This is Islamic law and the extent of the respect and authority enjoyed by Muslims .

In the twentieth century, the United States of America wanted to get rid of its people from the harms of alcohol and try what was brought in by Islamic law. In the year 1920 CE, it enacted the law prohibiting alcohol, according to which people were forbidden to sell, buy, manufacture, export or import alcohol. The government has prepared this law with extensive propaganda through cinema, acting, radio, and publishing books and letters, all of which show the harms of alcohol, supported by accurate statistics and scientific and medical research. about her. A total of four and a half million pounds were spent for the implementation of this law, and the statistics indicated for the period between the date of its enactment and October of 1933 A.D. that, for the sake of implementing this law, two hundred people were killed, half a million people were imprisoned, and violators were fined fines amounting to one and a half million pounds. And funds were confiscated due to his violation, whose value was four hundred million pounds. The last resort was for the US government to repeal this law at the end of 1933. These colossal sums and huge sacrifices did not help her to get people to give up alcohol because the law did not have authority over souls that would lead them to respect and obey him, but the word (so avoid it) that the Islamic Sharia came about in the Arabian Peninsula and among people who used to drink alcohol, without being preceded by widespread propaganda. I do not publish books and letters, I say that the word (avoid it) stifled the mouths from tasting alcohol and prompted those Muslims to spill their alcohol with their hands, not with the hands of the police and the army, so is there any need after this for evidence of the validity of what we have said? Without being preceded by widespread propaganda, nor the publication of books and letters, I say that the word (avoid it) stifled the mouths from tasting alcohol and prompted those Muslims to spill their alcohol with their hands, not with the hands of the police and the army, so is there any need after this for evidence of the validity of what we have said?Without being preceded by widespread propaganda, nor the publication of books and letters, I say that the word (avoid it) stifled the mouths from tasting alcohol and prompted those Muslims to spill their alcohol with their hands, not with the hands of the police and the army, so is there any need after this for evidence of the validity of what we have said ?

_PRINTER

Published on: 2015-12-19 (6870 Reads)