THE PHILOSOPHY OF THE DELEGATE An article (From Philosophy of the Delegate) written by Sheikh Abd al-Karim Zidan in 1383 AH - 1963 CE and he was then a teacher at the College of Law at the University of Baghdad, and was published in the Journal of Islamic Education in its twelfth issue of the same year . Note: The translation below may need revision... We welcome any correction by emailing us Written by Dr. Abdul Karim Zidan Teacher of Islamic law, Faculty of Law The delegate in Islamic law is what the lawmaker has asked to do in a manner that is desirable and preferable, not in an absolute and obligatory manner, such as the Sunnahs of prayer and charity for the poor, marriage for the one who is able to do it while he is in a state of moderation, and so on . And the delegate is like a duty on the one hand, that each of them asked the legislator to do it from the taxpayer. In spite of this difference, Islamic Sharia desires to perform the delegate and looks with satisfaction to the one who performs it and praises him and his love for those charged. The question that we raise here is: If the delegate wants the Sharia to be present and calls upon those charged to do it, improves it in their eyes, and rewards for it, then why did it not oblige the people to him as it obligated them to duties and obligations? The answer to this question is found in the nature and characteristics of the Sharia. One of the characteristics of the Shari’a is that it is realistic and not fictional, meaning that its rulings are noted in it the reality of the human soul, its impulses and the extent of its willingness to do good and leave evil. Souls are not equal in this willingness, and this is the nature of human souls. Souls who are willing to do good, respond easily to the call of the Sharia, and even to its gesture and gesture, and do not find in this response a cost or hardship,But in it you find happiness and life. Among the souls are souls that are slow in doing good, who do not respond to the call of the Sharia with ease and ease, but rather with hardship, laziness and heaviness. Based on this tangible reality in human souls known to God Almighty, the one who created these souls, “Does it not know who created when He is the Kind and the All-Knowing” came the legislation of the delegate in Islamic law. This sentence needs some clarification and detail, so I say : The Islamic Sharia sets a certain standard that it considers necessary for people to reach it and it is not permissible for them to lag behind it because it is the minimum necessary for the individual formulation of the Islamic formulation that enables the establishment of a virtuous Islamic society. This level consists of a set of meanings made clear by Sharia, including the obligatory ones, so everyone is obliged to perform these duties if the conditions for this performance are met, and these obligations are made so that the people who are least willing to do good and respond to the call of Sharia can perform them, and then those who neglect these duties are punished. But regarding this obligatory level that every person must attain, the Sharia draws another level higher than the first and wider than it, and it favored people to reach it and settle in it, but it did not oblige them to rise to it because souls are not one in the ability to reach it, so obligating them to it is exhausting and embarrassing them, and from the principles of The Shari'ah removes embarrassment from people. The Almighty said: (And he did not place hardship on you in religion) {Hajj},This high level, which is open to people, is a set of Sharia directives and provisions, and from this group the female delegates. Here are some examples : First: Praying from it is what is obligatory, and among it is what is delegated, which is the Sunnah of prayer. A house in Heaven, or unless a house was built for him in Heaven ). Second: With regard to spending money for the sake of goodness and the aid of the needy, Islamic law came with the obligation of zakat, and it has made people dear to spend on what is outside the obligation of zakat. The Almighty said in Zakat: upon whose hearts and in the necks and debtors in the way of Allah and the wayfarer ordained by Allah , and Allah is Knowing , wise) {repentance}, and voluntary charity God says: ( and what you spend good Vlonevskm and what you spend but in order to the face of God and what you spend the best YUV To you and you shall not be wronged) {the cow }. Third: In fasting, God Almighty required fasting Ramadan as it came in the Noble Qur’an, and the Messenger mourned Fasting last days, including what was mentioned in the noble hadith on the authority of Abu Hurairah, may God be pleased with him, who said: My friend has instructed me ﷺto three: fasting three days of each month and the two rak'ahs of Duha. Otter before I sleep . Fourth: In the murder that began retribution, the Almighty said: (O ye who believe! Retribution in the dead) {cow}, and the scar to the amnesty, he says in the same advanced verse: (it pardoned him from his brother , something followers of the Promotion of Virtue and the performance of the And in another verse: (And if you are punished, then you will be punished with the same as you were punished with ). Fifthly: With regard to sales and drinks, the street has encouraged a person to be easy in his sale and purchase, and in all his dealings, the Holy Prophet said (: (May God have mercy on a man if he sells, if he buys, and if necessary ). Sixthly:Enjoining Good and Forbidding Evil is a kafa'i obligation that must be in the ummah, but if the ruler is unjust and oppressive, his chest is not open to hear advice to the point that he kills whoever orders him and forbids him, then this imposition can be left by the individual, not the ummah, but from the delegate to him, with regard to the individual, Carrying out this obligation, even if that leads to his death, is evidenced by this noble hadith: (The master of the martyrs is Hamzah ibn Abd al-Muttalib, and a man who stood up to an unjust imam told him to do that and if he commanded him to stand up to him, then he told him to do that.) Kill it up. And it is not objected to us that throwing oneself into perdition is not permissible, and this is a perdition. God Almighty said: (And do not throw your hands into perdition) {the cow}, and in any other: (And do not kill yourselves) {women},Because martyrdom for the sake of God is not destructive, but rather a form of jihad, and the consequence of it in terms of strengthening the souls of the righteous, failing the nullified, and stopping the oppressors at their limit, so good for these meanings and the Shariah delegated to him . Legislation of the delegate, then, is based on the foundation of caring for souls that are not easy for them to perform the tasks, even if they are polished and thinned, they initiate on their own initiative to do delegates without hardship or laziness, so that their good will prevail and society benefits from what comes from them, thus achieving the largest possible amount of Interest, and the evils are reduced to the smallest extent possible, and this is what Islamic Sharia brought about.