Islam for Muslims
- THE FAITH OF MUSLIMS
- GOOD DEEDS IN PERSONAL LIFE
- GOOD DEEDS IN SOCIAL LIFE
Sources of Islamic Laws (Sharia)
Introduction: Islamic laws named ‘sharia’ represent the body of laws revealed from or approved by God “with limits set by Him” (9:112) for governing the life of the Muslims. It comprises of the Quran, Hadith (Prophet’s tradition) and other 2 complementary and supplementary sources. This collective body of Islamic laws is what God calls “the (Right) Way of Religion” for the Muslims to follow in preference to “the desires of the ignorant” (45:18). In the same token, He also assured to make this simple Path “easier for you (to follow)” (87:8). Now an analysis follows in this regard.
Sources of Sharia: (1) Quran: The Quran is the central pillar of Shariah’, providing basic principles for Islam. Its provisions override all other sources in importance and form the compulsory basis for your practices. God commanded the Muslims to “hold fast to the Revelation (Quran)” which He describes as their “straight path” and the “best” of courses (43:43; 39:55). This means if you know that there is a Quranic ruling about something (say ablution for prayer), you must follow in preference to anything else. This should make you feel good as you are taking orders directly from God that ranks high in standard and reliability. Now follow a few relevant points.
(i) While practicing the Quran, you must apply your commonsense to figure out the context of a ruling and essence of God’s message. For example, it is literally allowed for the Muslims to take up to a maximum of 4 wives (4:3) to provide the needed flexibility for dealing with extraordinary situations like fewer men in a post-war society. This however should not give you a sense of importance to marry 4 wives, without reading the spirit of the ruling which is anything but favorable. You may recall that He attached herewith the condition of maintaining equality among wives (with respect to provisions of housing, time sharing etc.). “If you fear that you will not be able to deal justly (among wives), then (stick to) only one” wife (4:3). Later He asserted that maintaining real equality between wives is next to impossible “even if it is your ardent desire” (4:129). So apparently the above provision of quadruple polygamy is allowed only with reservation and conditions but not encouraged with enthusiasm.
(ii) Sometimes the Quran offers multiple rulings in sequential order on the same subject. In such cases, the latter ruling means an improvement over or replacement of the former one. For example, alcohol was banned in 3 successive rulings: first one was a recount of its negatives that “the sin is greater than the benefit” (2:219); second one banned addiction in the mosque (4:43) and final one banned it for every place, time and person (5:91). In this case, only the last prohibition applies to you. If you instead avoid alcohol only in the mosque as per second rule, then you are virtually violating the Quran rather than following it.
(2) Hadith: Hadith represents examples from the Prophet’s life with respect to his (i) action (ii) advice and (iii) approval. It is the second source of ‘sharia’ under the commands of God “Obey God and His Messenger. Follow him (the Prophet) so you may be guided” (8:46; 7:158). You are, therefore, expected to comply with “what the Messenger assigns you and refrain from his prohibition” as ‘sunnah’ (59:7). Otherwise, if your “(personal) wishes” or desires replace his ‘sunnah’, then “you will certainly fall into misfortune” (49:7).
(i) Detailing the Basics: While the Quran discusses in theory about what things you need to do, the Hadith of the Prophet shows how to practice them in reality. For example, Quran tells you the basics like types and timing of salat and the Hadith details about the methods of salat. Likewise, we learn from the Quran about washing of 4 organs mandated in ablution and the Prophet showed us how you can wash these organs. Without such hands-on training or demonstration from the Prophet, you may not even know how to practice them at all, leaving aside the question of perfection.
(ii) Adding Minor Issues: While the Quran dealt with the basics, the Hadith deals with many minor aspects of Islam. These minor things may add up to or clarify the Quranic basics. For example, the Prophet advised you for relieving off your pressure from urination so you can better concentrate in prayer. The rules of Hadith also may mean new optional rules beyond the Quran e.g. clipping your nails on weekly basis as cleanliness drive. This is a positive step toward making Islam a complete way of life.
Reliability: The Hadith is next only to the Quran when it comes to reliability. It was compiled about 2 centuries after the Prophet’s death to avoid its blending with Quranic recordings during his lifetime. However, all possible human steps were taken to ensure the purity of Hadith. Its compilers were very pious among the Muslim scholars who meticulously interviewed the trusted Muslims who were part of the chain of narrators of Hadith going back to the time of the Prophet and his companions. The background of these narrators was also carefully checked for their character and reliability.
Also, the narrators’ accounts of Prophet’s traditions were placed under microscope for review in the light of circumstantial evidences and for consistency with Quran. A tight screening process was thus employed to screen out about nine-tenths of fake or doubtful descriptions in order to come up with a short list of the most reliable Hadith. This standard of quality was in particular met by six prominent versions prepared by: Bukhari, Muslim, Tirmidhi, Abu Dawud, Ibn Majah and Abu Nesai.
(3) Fiqh: The word ‘fiqh’ means knowledge or science of Islamic law. It is Islamic jurisprudence or research based understanding of Islamic laws (‘sharia’) not covered by the Quran or Hadith. As long as “the matter has been decided by God and His Prophet”, you have no other option “about their decision” (33:36). Fiqh is therefore the filler of gap left open by the above two principal sources. Obviously, it represents legal interpretations on minor details. While the authors of the Quran and the Hadith are respectively God and His Prophet, the sources of ‘fiqh’ are Muslim scholars. They are required to have strong foundation not only in the fields of the Quran and Hadith but also in legal and other related contents needed to draw judgmental conclusions based on these dual sources.
Four Schools: In the centuries immediately following the Prophet’s death, most contributions to the body of ‘fiqh’ were made by 4 prominent early jurists, namely: Abu Hanifa, Malik, Shafi and Hanbal. They represent 4 different schools of thought named after them as they explained the rules from different angles along with a natural bias for their personal opinion. Despite variations in their interpretations on many particular issues, they did not obligate or insist anyone on following their own brand.
Optional Details: In fact, by means of variable arguments and interpretations, they expanded the horizon of Islamic knowledge and offered different options for you to choose from. For example, during collective prayer, at the end of Sura Fatiha, you could say ‘Ameen’ quietly or loudly at your discretion. Because this is a minor optional matter and optional means you have option to do or not to do a certain thing even if doing is better in many cases.
(4) Two Ever-Living Sources (a) Izma (b) Qiyas: Ending of the era of the early ‘fiqh’ Imams did not close the doors on the scope of making further judgmental conclusions. Islam puts in place built-in- flexibility for the contemporary and future Muslim scholars to rule on the legality of some emerging issues. This makes it possible to decide the legality of any future innovations like in vitro fertilization (IVF), organ donation, stock market, digital currency, video games, etc. These provisions keep Islamic laws alive and on top of any modern innovations to the end of the world. These are now briefed below:
(a) Scholarly Consensus (‘izma’). When the Quran and Hadith do not have any clue to any issue, then general agreement of the Muslim scholars without any contradiction with these 2 basic sources becomes another layer of ‘sharia’. Accordingly, many of the early Muslim rulers consulted the collective body of scholars on matters not directly resolved by the Quran and Hadith. As one recent example of ‘izma’, there has been a growing consensus among the Muslim scholars to give approval for using finger in a subtle way to turn off cellphone as a better option than allowing unintended ringing as distraction to salat congregation. Usually, the consensus method carries more validity than your individual judgment, since many heads are better than one. In exceptional cases, however, one righteous Muslim’s individual judgment may be more satisfying to God compared to a biased consensus of a group of corrupt scholars.
(b) Analogical Reasoning (‘qiyas’): It is an approved method by which you can base on comparison with the Quran and Hadith to make conclusions on any new issue not having direct answers in these two sources. For example, Quranic ban on alcohol on ground of intoxicating influence justifies similar ban on modern day intoxicants, since some of them (e.g. fentanyl) are more dangerous than alcohol. Likewise, sperm donation for fertilization of non-wife partners can reasonably be equated to adultery. Again, God’s order for Moses to “take off shoes” (20:12) in sacred valley justifies similar ban in the mosque. For reaching a consensus (‘izma’), such method of comparison may be useful.
Requirements for Judgmental Conclusions: Now let us see what it takes for making judgments in sound manner.
(i) “Ilm’ (Knowledge) of the Quran, Hadith and Fiqh is a prerequisite for making valid conclusions.
(ii) ‘Ijtihad’ (Judgment Power): ‘Ijtihad’ or reasoning faculty is needed for applying your knowledge and wisdom to draw conclusions. For example, if brushing teeth with ‘neem’ branch can be a sunnah of the Prophet, using fluoride-rich tooth paste and brush cannot be something different. Arguably, if he were around this time, probably he could be the first one to choose the modern method over traditional one for better dental care. Judgment will also suggest that two things may be alike but not equal. For example, as per Hadith, reciting Sura Ikhlas 3 times is like reciting the whole Quran but in actuality the latter has huge lead over the former. Likewise, you need to think progressively that using alcohol pad to clean for injection is not same as drinking alcohol or using bar soap made of pork fat (lard) is not same as eating pork.
(iii) Unbiased mind is a requirement so you do not pass an opportunist ruling with an eye on vested interest. For example, you cannot declare a doubtful business enterprise as legal only because you are practicing it. Likewise, ruling should not be biased against the women only because of their underrepresentation in Islamic jurisprudence. Accordingly, as a male jurist you cannot promote the idea that “the paradise of women lies at the feet of their husband” which has no root in any authentic ‘hadith’. You do not need to tell this to ensure their loyalty which is already embedded in the leadership position accorded to the husband “with a degree (of advantage) over (her)” (2:228). In another instance, in many societies gender biased discrimination is often unjustly practiced against the women while handing down the death sentence for adultery only to them even if the men are found to have no lesser role in this sin.
Do’s & Don’ts in Sharia: Levels & Equivalences
Do’s Equivalents Don’ts
Farz (importance level 1) -------------------------Haram (most prohibitive, top sin)
Wajib (importance level 2) -------------------- Maqruh Tahrimi (second top sin)
Sunnate Moaqqada (lightly important) --------- Maqruh Tanjihi (light sin)
The above chart shows the Do’s (good deeds) and Don’ts (sins) respectively in decreasing order of essentiality and graveness. The same also suggests the equivalent levels of both types of action-oriented and preventive obligations. The examples for each of the both categories are presented in Article 16. In addition, ‘nafl’ means optional deeds, ‘mobah’ means an action that is neutral: neither good nor bad. ‘Bidat’ means practicing anything new viewing as ebadat. This is permissible if not harmful e.g. counting holy words by using rosary beads instead of marks of hand line.
Refuting Some Myths about Sharia Rules:
(i) No Exemption from Sharia: Some misguided circles try to make unauthorized division of Islamic rules into 4 categories, placing ‘sharia’ at the bottom of other 3 levels which they consider as gradually elevated levels of spirituality. They define ‘sharia’ as the entry level of Islamic practices featuring only visible and formal worships. After attaining perfection at this level, they vision a higher level of spirituality where exemptions from visible ‘sharia’ rules will apply. For example, they argue, if you remember God through ‘zikr’ at heart for 24 hours, you do not need to pray 5 times daily which takes about 1 hour time, being part of the former. Nothing can be farther from truth and guidance. This theory is nothing less than a conspiracy of a band of lazy people (influenced by Satan) who try to undermine Islam by escaping rigorous worships that its founder Prophet never avoided.
(ii) No Compulsory Status for Four Schools of Thought: Some people try to accord compulsory status to 4 schools of thought (Madhab) within ‘fiqh’ with added condition that you stick to one school without any room for switching. Since the rulings of these schools deal with only non-essential matters, compliance of these rules does not tend to be compulsory. Since these schools deal with optional matters, no one took away your right to treat them as optional. More importantly, these schools sprang up at least a century after death of the Prophet. This means they do not have any root in the Quran or Hadith and therefore they are anything but ‘fard’.
(iii) Not All New Innovations are Bad: Another myth is about ‘bidat’ or new innovations. Some people unwisely tend to condemn all new cultures as un-Islamic without making any discrimination. Of course, some ‘bidat’ should be avoided for being on collision course with Islamic values. For example, on birthdays, lighting of as many candles as your surviving years looks like Zoroastrian culture of light worship. Such birthday gatherings can be made flawless if you replace candle lighting with making dua and thanking God for your longevity. However, you should not overextend the definition of ‘bidat’ to include cultures like wearing long pants, learning English, projecting video devices etc. that do not necessarily bring any decisive harms; instead they bear mixed potentials. By making proper use of them, you could rather help the cause of Islam.
Conclusion: The above mentioned sources of ‘sharia’ define the path of Islam. You need to follow this path and nothing else in order to gain success in both phases of lives.