RESPONSE TO THE ARTICLE (RETURNING TO ISLAMIC SHARIA IS A MATTER OF CONCERN) (Rada ealaa (aleawdat 'iilaa alshryet al'iislamiat mas'alatan tashghal albal )) In the seventies of the last century, Dr. Muhammad Ahmad Khalaf Allah (an Egyptian writer) published an article entitled (Return to Islamic Sharia is a matter of concern) in which he denied considering the noble Prophet’s Sunnah as a source of legislation and also showed his rejection of the demands of those calling for the return of Islamic law to the fore. This article aroused the Islamic jealousy of Dr. Abdul Karim Zaidan, so he wrote a response to it, which was published in the Iraqi Islamic Education Journal .   Written by Dr. Abdul Karim Zidan Preface 1  It is noticeable at the present time that there is a lot of writing about Islamic law by those who have no experience with it or knowledge of its origins, and all their information about it is what they picked up from here and there and what they liked with their minds or what they imagined and deluded about Islamic law. In fact, writing about Islamic law has become an easy and affordable thing for them. You see one of them delves into matters of Sharia law as if he were Abu Hanifa, until the courage or ignorance or the two of each reached the point of saying that Islamic law should be the subject of a new and serious review in terms of the extent of the necessity of adherence to it and the application of its provisions at the present time. And if an objector denied them, they said: Islamic Sharia, nor writing in it, is not restricted to a certain group of people. Rather, it is permissible for all, because it came to everyone. This answer is illusory and misleading. It is true that speaking is permissible for everyone, but on a necessary condition that knowledge of it is available Whoever wants to talk about it and research it, and this condition is not an incapacitating condition. Rather, it is a condition that everyone recognizes and is dictated by a sound mind, and which writers and researchers in social sciences abide by. Law and research in it must be aware and sufficient knowledge of it, and so in the sciences of medicine, engineering, physics and others . 2  If prior knowledge is a necessary condition for researching any science or topic, then it is more necessary for research into and talking about Islamic law, because talking about Islamic law is a religion for which the Muslim will be held accountable before God Almighty, so if it is without knowledge, the responsibility for its owner is responsible and he receives a just reward . 3  We do not know of any reliable person who justifies himself to search for a science while he is ignorant of this science, or he claims that he has the right to write about it on the pretext that it is permissible for everyone and is not restricted to a particular sect. But the condition of knowledge is neglected and not taken into account when researching Islamic law. We see many of those who have no knowledge of it delve into its topics and rulings and give decisive decisions about it without finding anger in that or transgressing their limits. Is Islamic law has become like a low wall that skilled jumpers jump on and those wishing to rise and appear climb up on it ? Subject of the reply 4  The subject of the response relates to an article that I saw by Dr. Muhammad Ahmad Khalaf Allah, an Egyptian writer entitled (Returning to Islamic law is a matter that occupies the mind ) . . 5  In this response, I do not stand - for discussion and response - at every word or phrase contained in his article and deserves a response, because this is a matter that is long and cannot be accommodated by the magazine, but I respond to the salient points in the writer's article that he made a basis for his research and a starting point to reach what he delusions about Islamic law . Discussion and response 6 (First) the first issue : The writer said: (Those calling for a return - that is, to Islamic law - show us the reasons that lead them to do so, and they almost limit them to two reasons : The first of them is that this Islamic law is valid for every time and for every place . The second of them: That this Sharia, which has achieved happiness for the first two, is still able to achieve happiness for us and save us from what we are in from backwardness . Then the writer said: (I do not accept these allegations on their grounds, and for me it is in need of a calm and calm dialogue that reveals the truth about it and the falsehood related to this fact ... Reply 7  The limitation of the reasons for the call to return to Islamic law with these two reasons is imprecise, and rather unclear, even if those who called for the Sharia or to return to it mentioned it . It is correct to say that Islamic law, even if it is valid for every time and place, and makes those who adhere happy, but that is not the reason for the call to return to it, but rather the reason is that it is from God and the religion that he desired for his worshipers, and the Muslim committed to it in accordance with his absolute, complete, comprehensive, and unpending commitment to it. On condition and not restricted by restriction. This does not prevent us from stating the validity of the Sharia for every time and place and explaining its benefits and the good it offers to those who adopt it. But the reason for calling for it is because it is the religion of God, as I said, and the reason for accepting or returning to it is for this same reason, which is that it is the religion of God. I pray and fast because God has commanded and prescribed this, not because prayer and fasting are self-purification and health and social benefits, even if this is an actual occurrence and an effect of prayer and fasting. The same applies to my call to those who neglect the prayer and fasting. I invite them to return to this worship because it is the law of God and the imperative of the Muslim’s Islam No, because prayer and fasting have health and social benefits . Likewise, I invite non-Muslims to Islamic law, because it is the religion of God and God's speech to all people, and it is the duty of the creature to hear the speech of the Creator to hear acceptance and obedience, and I do not invite them to the Islamic Sharia because its benefits such-and-such even if these benefits actually exist and result from adopting this law . 8  What I have mentioned is a very important and necessary principle to correct a Muslim’s Islam and to correct the motives that drive him to call for a return to Islamic law or to accept it from the outset . (II) The second issue : 9  And the writer began to question the validity of Islamic law for every time and place, inferring that the sources of legal rulings are the Qur’an, the Sunnah, consensus and measurement, and that consensus and analogy (they did not present only legal rulings that are valid for places and times of the mujtahids who measure, collect and provide us with human jurisprudence) and that (the Qur’an is the one that presents We have the legal rulings that can be claimed as valid for every time and place in that it is from God. And the Prophet’s hadith may present to us some of that when it is a statement and clarification of the provisions of the Noble Qur’an ... Among the Qur’anic phenomena is what indicates the validity of the fundamentalist rule, which says that rulings change according to changing times and places or according to changing interests and public interest . Discussion and response 10  Consensus with its considered conditions is a legal argument, and he must have a legal document, and this document must be a text from the Noble Qur’an or a prophetic hadith, according to the majority of scholars, and the ruling upon which consensus has been established is a fixed Sharia ruling that is obligatory to follow and remain and it is not permissible to contradict it. The ijtihad aspect of the meeting is focused on the significance of the text on the Islamic ruling. And he does not denounce in the authenticity of the consensus the contradiction of some in his argument because it is not possible to hold it, as the reality is that it is possible and not impossible, and many groups occurred during the era of the Companions, may God be pleased with them . 11  As for analogy with its considered conditions, it is a legal argument and it is a revealing of the ruling of the Sharia and not a new ruling, so the established by the correct method of analogy is a legal ruling that must follow and remain, and it does not insult what we have said for fear of some in the authenticity of the analogy because the evidence for his argument is many and strong and it is taken by the majority of scholars and not here Tailored shop. Also, in the authenticity of the analogy, his reliance on ijtihad is not disputed, because ijtihad with its respected conditions is legally authorized, so the judgment that the mujtahid arrives at by correct analogy becomes a legitimate legal ruling that must follow and remain because, as I said, a revealing of the rule of Sharia is not proven by a new ruling . 12  As for the claim that the legal rulings mentioned in the Qur’an are subject to the rule that rulings change with changing times ... etc., this is not correct from the author because the scope of this rule is a provisions based on custom and custom, not the provisions stated on texts, texts of the Qur’an and Sunnah, the jurist Ali said Haidar, in his explanation of the Journal of Judicial Rulings, while he talks about this rule (that rulings that change with changing times are rulings based on custom and habit ... then he said (and we conclude by saying repeatedly that established rulings based on the text do not change their provisions because the text is stronger than custom ). 13  The writer’s words about the prophetic hadith, he responds to it, that what was issued by the Prophet related to the legislation must be followed, whether it is a confirmation of what is in the Qur’an or a statement to it or including a ruling not mentioned in the Qur’an, because the Prophet’s Sunnah and the revelation of God in the sense are like the Qur’an from the source side and differ On the one hand, on the one hand, the Qur’an is a word and its meaning is from God Almighty, as for the Sunnah, its meaning is from God and the word is from the Messenger ﷺ,but both the Qur’an and the Sunnah are obligatory to follow, and the evidence for the obligation to follow the Sunnah and it is like the Qur’an in this respect is very many, including the Almighty ’ s saying: (And the Messenger did not come to you, take it And what he forbade you, they ended .) 14  It is not permissible to restrict the observance of the Prophet’s Sunnah by the absence of a new ruling in it that was not mentioned in the Qur’an because the evidence indicating the necessity to follow what was issued by the Messenger We do not differentiate between what was issued by him An affirmation of what is in the Qur’an, a statement of it, or a new ruling not mentioned in the Qur’an And because what comes from him ﷺcomes from the divine revelation, as I said, and it came in the hadith about the Prophet that he said (I did not come to the Qur’an and the same with him) and this proverb is the Prophet’s Sunnah because its source is revelation like the Qur’an . 15  As for the writer’s claim that the provisions of the Qur’an and Sunnah can be changed based on the change of interest, arguing that interest is one of the foundations of legislation. Here the claim is not included, because the considered interest is the one that does not contradict the texts or contradict them, because the texts are based on the interest that God Almighty has determined, so how can we change the structure On the interest of a delusional human appreciation? The interest is subject to consideration in Sharia, but outside the scope of texts, and according to conditions established in Usul Al-Fiqh, there is no point in detail here . (III) The third issue : 16  Then the writer said : “Saying that Islamic Sharia is valid for every time and place needs to be revised. I have the right to say that Islamic principles - the principles of truth, justice and the general good are valid for every time and place . And he responds to this claim with the following : 17A- Saying that the Sharia needs to be reviewed means commenting on it by discussing, correcting, mistaking it, accepting and rejecting, taking and responding, and all of this is not permissible because it contradicts the origin and essence of Islam , because the essence of a Muslim’s Islam is absolute surrender and complete voluntary submission to God, Lord of the worlds, and the manifestation of this is absolute submission to the Sharia Islamic and follow it, neither in front of it nor commenting on it . 18  b- A Muslim by his conversion to Islam will have declared and revealed his complete belief that the Islamic Sharia is from God and that he has fully committed to it . 19  C- Saying that the Sharia needs to be revised means accusing the Sharia of insufficiency, error and imperfection, and this is absolutely false, because the law is from God, and God has absolute perfection. The absolute, what his law is complete, has no shortage, error, or defect, so it does not need to be reviewed . 20  D- God sent Muhammad a messenger to all people, and his message is Islamic law, which is the end of the divine laws, as well as the seal of the messengers, and what God has prescribed for all people in every time and place must be valid and sufficient for them in every time and place. Revision is a fallen saying that it contradicts the general requirement of Sharia in place and time . 21  e- Although the Muslim believes with certainty in the validity of the Sharia at all times and places, this does not prevent him from actually explaining its validity so that the Muslim may increase in faith and the doubt will be removed from the complainants .   The first type - related to the Islamic faith .   The second type - regarding morals .   The third type - related to worship .   Fourth Type - What relates to transactions . 22  With regard to the Islamic doctrine, such as the necessity of believing in God Almighty, in the Last Day, in arithmetic, and the like, it is in fact reports of established facts that the definitive evidence has established for their sincerity . And the conclusive facts are stronger than the axioms, they cannot be subject to review or become invalid at any time. It is not conceivable that there will come a time when a sane person can say that belief in God is an issue that is no longer valid, or that it is incorrect, or that it is questionable. Rather, the advancement of science and discoveries increases this truth - faith in God - firmness, stability and clarity . 23  As for morals , I do not think that anyone wants good for himself and his community to argue about the necessity of morality for a person. It suffices to say here that the decomposers of virtuous morals do not dare to announce their decomposition, but rather they deny it because they know of the stability of good morals in the souls . Islam, in its emphasis on morality, was not an exaggeration. It is not conceivable that a time will come when it is said that these morals must be delegated. The validity of what was stated in Islamic law regarding ethics definitely has the characteristic of survival . 24  As for worship Such as prayer, fasting, Hajj and Zakat. The whole saying in it is that it regulates the relationship of a creature with his Creator. By virtue of that he is a creature of God, he has a duty to worship God and God has the right to worship, and the one who has the right, who is God, has organized the formulas and forms of this worship according to the methods mentioned in Islamic law, and as long as man is in any A time and place he remains a creature of God, and he remains on him to worship God in the manner prescribed for him. Moreover, these acts of worship bring good and benefit to the individual worshiper and his community, as for forgetting the worshiper himself, by purifying himself and his reassurance and loyalty to God’s right over him and his victory with his consent, and as for his community, the worshiper who committed himself to worship becomes a tool of good and benefit in society, he does not produce evil or corruption, and in this A certain benefit for society, and it is sufficient for me to mention here the words of God Almighty: “Prayer is forbidden from immorality and immorality.” The worshiper who worships his Lord is suppressing the impulses of evil that do not emanate from him as a transgression or evils.How happy a society will be if there are these human models that do not emit corruption, injustice or evil, so can a fair person say that the provisions of acts of worship in Islamic law are no longer valid in our time or are subject to review ? 25  As for transactions, that is, in the relationships of individuals and groups between them, that is, in their ties that are subject to what is today called private and public public law ties, these provisions came in various forms :   A- In the form of general principles and rules such as the principle of justice, God Almighty said (Indeed, God enjoins justice) and like the principle of Shura (and their command is a consultation between them) and the likeness of punishment is equal to the crime, the Almighty said: There is no harm or harm) and the same as the principle of limiting responsibility to the one in which the cause of it is established, the Almighty said (and there shall be no other minister) to other general principles and rules .   B- Or the legal rulings come out as a whole and are detailed by the Prophet’s Sunnah, such as the command to pray, and the Sunnah came and detailed and indicated how to pray .   C- Or the legal rulings come in detail, such as divorce, inheritance shares, hudud punishments, and so on .   D- Unless his ruling is explicitly stated, his ruling is known through understanding the texts and their references, or by understanding the reasons for judgments and adopting analogy for its conditions, or by correct diligence according to the rules set for him, or by means of accompaniment and other things that are known in the fundamentals of fiqh . 26  And the provisions that we have mentioned and stipulated in their various forms are all valid in every time and place, so the general principles that the Sharia came about cannot be disputed by anyone. As for the detailed provisions that were detailed in the Qur’an or the Sunnah in the beginning, or which came outlines in the Qur’an and detailed in the Sunnah, they are when contemplated and we find them valid in any scale of their weight. . Family matters were ruled in a manner that achieves its stability and integrity of its structure, and financial transactions were based on fairness, lack of unfairness and injustice, and there is no narrow space . 27  As for issues not explicitly stipulated in its ruling, Islamic Sharia signals indicate the path of knowing its rulings, as demonstrated by our scholars, may God Almighty have mercy on them . 28  As for the writer’s claim that it is more correct to say that Islamic principles, principles of truth, goodness and justice are valid for every time and place The answer to this claim is one of the faces (The first aspect) This claim means that the detailed provisions of Sharia, whether related to transactions or acts of worship, are not valid for every time and place, and this is absolutely invalid, because these rulings are like all general principles from God and are obligatory to implement, and the Muslim cannot take some and reject others, he said. the Almighty (Ovtamnon some of the book and disbelieve some of what penalty to do so you only disgrace in this life and the day of Resurrection respond to the most doom ( (The second aspect) The detailed provisions that came in the Islamic Sharia are the detail and application of principles, truth, goodness and justice, so how can they be abandoned and rejected and limited to recurring principles ? (The third aspect) The detailed provisions are based on meanings that remain necessary to be considered at all times and places, so the prohibition of usury is based on the injustice it contains, and this meaning remains in place at all times, so the prohibition of usury must remain. The criminalization of adultery is based on the transgression of honor and mixing of water and lineage, and this meaning remains in place at all times and places, so the prohibition of adultery must remain. The permissibility of polygamy is based on the possibility of the need for it, such as the large number of women, the sterility of the woman, and her illness. And that he removes the telescope of the passions from his eyes while looking at these judgments, and I guarantee that whoever does that will be convinced of their validity, God Almighty willing . (Fourth) - The fourth issue : 29  The author discussed the claim of those calling for a return to Islamic law that it has pleased the ex-men and that it is still able to please the later and solve their problems. It came out from this discussion that the happiness of our righteous ancestors, the prosperity, security and tranquility they used to live in, and the prosperity, security and tranquility they were living in, and what they had made of progress was not due to their adherence to Islamic law, but rather it was due to the many bounties that flowed to them because of the conquests in the time of Omar bin The speech, may God be pleased with him, and his division of those good deeds among Muslims in a just and satisfactory manner . 30  Our answer to this claim in short is that the Islamic conquests themselves were an effect of the adherence of our predecessors to Islamic law, that adherence to them that purified their souls and pushed them to jihad for the sake of God in order to please God alone and to bring people out of the darkness of polytheism to the light of Islam. And what material goods came as a result of those conquests, it was not the motive for jihad, because the motive for jihad for the sake of God is the establishment of the religion of God and for the word of God to be the supreme and the word of those who disbelieve is the lower, and thus the guidance of people will be fulfilled. This is a well-known fact that is not unknown to those who are familiar with Islamic law . 31  The credit, then, for obtaining these goods in the hands of the Muslims is due to the Muslims ’adherence to the Islamic Sharia that led them to jihad. Moreover, the division of Umar ibn al-Khattab, may God be pleased with him, of these goods in a satisfactory and just manner achieved prosperity and goodness for diamonds due to Omar’s adherence to Islamic law. Because he was guided by her guidance in dividing that money and did not waste it on anything that is not useful, nor did he spend it for himself or forbid it from the Muslims, but rather it was placed in accordance with the command of Islamic law . 32  Finally, we say that the condition of the Arabs before Islam is well known, and their condition after God blessed them with Islam and adhered to a well-known law, and every fair researcher is certain that what they gained after Islam in terms of goodness, grace, security, contentment and progress was thanks to Islam and their adherence to its Sharia. And since the Islamic Sharia remains and exists, it is undoubtedly able to produce for us the same first results that the early Muslims won, on one obvious condition that we accept it, understand them, and resolve to implement and actually implement them. A curative medicine cannot achieve its result as soon as the patient looks at it. Rather, he must take it and use it until it heals and is correct. God says the truth, and he is the guide to the straight path . Conclusion 33  and I like to announce here, I have written what pleased God from the response, I am what I wanted Bardi This only advice to my Muslim brothers made a statement in the face right after what he suffered writer in his article, was not mentioned in pink mirrors and controversy, and how much I will be happy if you have caused this The response to reminding the forgotten, guiding the lost, and teaching some of the meanings of Islam .