Session 51 Notes
We will continue studying the concept of “Shari’ah”, divine rulings which are meant to organize and structure our living in this world for the purpose that we are created for.
One may question that there is no perfectly practicing society nowadays for Sharia’ah, divine rulings. In Muslim countries, why are laws decided by a few politicians that hold power? Isn’t democracy a perfect system?
If a society whose members truly practices Shari’ah in their personal lives, the laws will not be interpreted by a few politicians who are interested in power only. Shari’ah is not meant for power seeking and it cannot be imposed upon people. Shari’ah laws can only be interpreted by truly practicing believers; not by politicians who have their own agenda but by belief practicing Administrators who are freely elected by believing people.
A few points to consider:
- There is no society nowadays that truly practices Shari’ah, we should remind ourselves this verse in order to understand why there is no such society:
…إِنَّ ٱللَّهَ لَا يُغَيِّرُ مَا بِقَوْمٍ حَتَّىٰ يُغَيِّرُوا۟ مَا بِأَنفُسِهِمْۗ…
“…God does not change the condition of a people unless they change what is in themselves…” (13:11)
This is important based on whatever society I am living in, I have to watch myself. Unless I change myself to become a truly practicing believer, I cannot expect or deserve the benefit of Shari’ah laws, or an administration adhering to Shari’ah laws. The Qur’an advises me to watch myself first and change accordingly.
- There are some Muslim individuals who are trying to do their best, in accordance with what they know of the religion of Islam. We shouldn’t be misled in understanding that these societies are practicing all aspects of Shari’ah in its real sense.
There may be some individuals in a society practicing Islam to some extent in their personal life such as praying, fasting. This does not mean that they are ready to have a community that is ready to be administered according to the Shari’ah rules of the Qur’an and the teachings of the prophet Muhammad (pbuh). If some individuals have a certain aspect of their life according to the teachings of Islam but they live according to the principles of a capitalist society where their way of living is mostly working for this world, giving the priority to worldly benefits, they do not deserve the Shari’ah administration. The Qur’an is saying that one has to change themselves in order for God to change their way of life.
- The already existing politicians are not interpreting Shari’ah as it should be but practicing their own worldview according to their own political agenda. They are not elected by Shari’ah practicing believers. They may be administering some part of Shari’ah rules to satisfy the expectations of the Muslim populations but political agendas are mostly secular. We must be aware that they have nothing to do with the laws of Shari’ah, divine laws.
- We should be careful that every system of administration has its own fundamental principles as far as the life of human beings are concerned. This could be belief in materialism, capitalism, etc. To live a life of belief in God and worshiping Him alone is different from living a life for worldly benefits in social and economic life. One may claim to believe in God but their life is completely focused on worldly benefits.
- We cannot compare Islamic administration system with other systems whose bases are not the same. The titles, what we call them does mean anything; content is important. There may be some similarities on the surface but that should not mislead us. For example, a capitalist society holds free elections and so does an Islamic society. The commonality is that they both have free elections, but their contents and values are completely different. In a true Islamic Shari’ah society the priority is to worship God and not to follow worldly power. One must follow what is right. The objective is to gain existence in the next world and thus acting according to God’s Will. The capitalist society would say the more power you have the more right you are, thus power to the people. We should be careful in what values are being offered.
For example, in a secular democratic system the citizens vote for a running politician having in mind that he or she is going to gain worldly benefits in one way or another. On the other hand, ideally in a Shari’ah administration there are no politicians campaigning for the election. The community members themselves suggest a person they think is the best candidate to administer the community. Their criterion in deciding who is the best candidate would be someone who is honestly practicing the Shari’ah rules and whose objectives are primarily focused on the preparations for the eternal life in the hereafter.
The first aspect of Shari’ah was human relationship with our Creator, the second aspect was human relationship to themselves and now we will look into the third aspect with a few selected verses:
- Human Being <—-> Other People in Society
- Family Law
وَءَاتُوا۟ ٱلنِّسَآءَ صَدُقَـٰتِهِنَّ نِحْلَةًۭ ۚ فَإِن طِبْنَ لَكُمْ عَن شَىْءٍۢ مِّنْهُ نَفْسًۭا فَكُلُوهُ هَنِيٓـًۭٔا مَّرِيٓـًۭٔا
“Give women their bridal gift upon marriage, though if they are happy to give some of it to you, you may enjoy it with a clear conscience.” (4:4)
The Qur’an guarantees in many verses that women should not be dependent economically on man’s financial power (4:4; 4:7: 4:19; 4:32) . Ideally, a husband and wife must have their own economical independence.
In general, the family’s financial expenses are expected to be fulfilled by the husband. However, the living conditions have changed where the women are also working, getting financial income, but according to Shari’ah the husband cannot force the wives to work or contribute to the family financially.
Here in this verse, the Qur’an says that marriage is based on a bridal gift which is a kind of economical, financial security for the woman. This has been misunderstood and misused in Muslim families where as a tradition the parents or family of the bride take over the gift meant for the bride. The culture and tradition wrongfully may take over the rules of Shari’ah in some cultures. According to the Shari’ah, the wife can have her own financial independence and the husband can have his own. If the wife wants to share with her husband, she can but she must not be forced to as the gift is independently owned by the wife. The husband cannot force on the wife’s independently owned economic assets. Being married does not mean that the wife and husband cannot have their own independent economic means.
There are many different ways of practicing Shari’ah based on the specific conditions of family life.
- وَإِنْ خِفْتُمْ شِقَاقَ بَيْنِهِمَا فَٱبْعَثُوا۟ حَكَمًۭا مِّنْ أَهْلِهِۦ وَحَكَمًۭا مِّنْ أَهْلِهَآ إِن يُرِيدَآ إِصْلَـٰحًۭا يُوَفِّقِ ٱللَّهُ بَيْنَهُمَآ ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا خَبِيرًۭا
“If you anticipate a split between them, appoint a mediator from his family and another from hers. Then if the couple want to put things right, God will bring about a reconciliation between them: He is All-Knowing, All-Aware” (4:35)
This verse describes discrepancies in the relations of husband and wife that disturbs family life. For example, they may get on each other’s nerves and risk their family life. The Shari’ah rules say to appoint a mediator for each of their family to put things right, to fix the family life. In some cultures, it may happen that whoever is the mediator would favor their side, in their interest rather than to reconcile between the two and avoid the family break up. According to the Shari’ah, the mediators must be acting in the name of God, seeking His pleasure and not prioritizing worldly concerns. Unfortunately, worldly concerns are being prioritized nowadays in some of the so-called Muslim families.
The Shari’ah regulations do not neglect human being’s individual and social life. Many of us are not aware of the Shari’ah aspects in our living. For example, when there is a problem in one’s family life, many seek and apply the secular laws. The primary concerns are mostly egoistic, pertaining mostly to this world. What each of them wants must prevail rather than the principles of the Qur’an. We should remember that in order to have a pleasurable life here and in the next life, the Qur’an advises us that we must change ourselves to deserve it.
- Human Commercial Dealings and Transactions
يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا تَدَايَنتُم بِدَيْنٍ إِلَىٰٓ أَجَلٍۢ مُّسَمًّۭى فَٱكْتُبُوهُ ۚ…
“O believers, when you contract a debt for a specified period, write it down…” (2:282)
This is one phrase out of the longest verses of the Qur’an mentioning to write down the transaction, it is a rule from God. There must also be witnesses to the transactions.
- Economic Relations
“God has permitted trade and forbidden usury ” (2:275)
Here, let’s remind ourselves that we are studying the Shari’ah of the Qur’an that deals with human personal and social life such as how to arrange economic relations. There are other verses as well that discuss aspects of economic relations and social responsibilities that one has. I must be careful to check myself whether I am worshiping God alone in my actions or am I worshiping my own interest or seeking some other worldly benefit. The only authority in a Muslim society is God. Everyone is expected to obey God and not their caprices, their worldly ambitions for material benefits. The Qur’an advises that every act must be to worship God alone.
- Social Responsibilities
وَٱعْبُدُوا۟ ٱللَّهَ وَلَا تُشْرِكُوا۟ بِهِۦ شَيْـًۭٔا ۖ وَبِٱلْوَٰلِدَيْنِ إِحْسَـٰنًۭا وَبِذِى ٱلْقُرْبَىٰ وَٱلْيَتَـٰمَىٰ وَٱلْمَسَـٰكِينِ وَٱلْجَارِ ذِى ٱلْقُرْبَىٰ وَٱلْجَارِ ٱلْجُنُبِ وَٱلصَّاحِبِ بِٱلْجَنۢبِ وَٱبْنِ ٱلسَّبِيلِ
“Worship God and associate nothing with Him, and show kindness to parents, relatives, orphans, the needy, the near neighbor and the distant neighbor, the companion beside you and the traveler…” (4:36)
We are reminded to worship God alone, not to associate any other power to Him such as one’s ego, their caprices and ambitions or anything of this world as to have power to act independently from the Creator of the universe. Instead of what God wants me to do, I may want to have some social relationship for my worldly benefit or for the benefit of my family or country. This completely contradicts the aim of Shari’ah. For example, Shari’ah asks to respect the rights of other people. One would have to prefer other people even if it goes against the interest of one’s country, themselves or their family.
We must understand that in Islam, family life is of great importance. Everyone knows that if the family is corrupt that results in the corruption of society. The verse continues with “show kindness to parents”. In Islam, family life is based on kindness and sacrifices. The truth must be upheld in family life. When one is helping their parents or the parents helping their children, it must be to worship God and not to satisfy their egoistic worldly ambitions. The family must be structured to obey God alone. One cannot say that they hold the power for being the one bringing in the money for the family. If anyone is after power then they can forget having a pleasurable family life. They fall into the competition of whose word must be listened to, who does more work, who brings in more money, etc. The priority of the family has become worldly power rather than holding on to the truth according to what God wants. Once the competition starts, family problems continue to no end resulting in a miserable life and corrupt societies. According to the Qur’an everyone is expected to be an “‘abdullah” (worshiper of God) in their family life.
The verse continues with showing kindness to relatives, those close to you, the orphans, the needy ones, the near neighbors and distant neighbors as well. For example in a city, when one takes public transportation, they can show kindness to another human being who may need to sit. The Qur’an doesn’t say to show kindness to a Muslim only but anyone who may be sitting close to you. It is God’s order to be kind to them. This is not only a human sense or one’s humanity but it is a religious duty ordained by God. I must be kind in the name of God and not in my name to get credit for it in the name of humanity or inclusiveness. God has asked me to be kind to people close to me, and be respectful to others.
We can be worshiping God because we are doing what our Creator has asked us to do. It is not because one loves it, they are a kind person that respects others but because they are obeying God who has asked them to be that way. Rather than being a nice person, one can become a nice worshiper of their Creator. One’s consciousness must be there. For example, a traveler comes to your town, usually called an immigrant. Although he may have been rich from where he comes from but is poor in this new town. The Qur’an tells me to respect human beings. One must be kind to foreigners and immigrants and help them. That is what God has ordered us to do. Humanitarian purposes if it is not distorted, do not contradict Shari’ah, but Shari’ah gives it another direction which is to act not in their own name but in the name of God. We must all act in the name of God.
- Criminal Law
وَٱلسَّارِقُ وَٱلسَّارِقَةُ فَٱقْطَعُوٓا۟ أَيْدِيَهُمَا جَزَآءًۢ بِمَا كَسَبَا نَكَـٰلًۭا مِّنَ ٱللَّهِ ۗ
“As for the male thief and the female thief, cut their hands as a recompense for what they have earned as a deterrent from God.” (5;38)
This law can only be valid in a believing society which does not currently exist anywhere. All of the economical, financial administration of a society according to Sharia’ah can only be applied in a believing society where people are willingly accepting to do everything in their private and social life according to God’s choice, His orders.
The verse says “as a deterrent from God”, not as a deterrent from other authorities. If there is any other authority besides that of God, this rule cannot be applied because the authority is not God’s anymore. For example,if the authority in a society is materialist secular law, then this Shari’ah rule will no longer work. Shari’ah does not accept to cut any thief’s hand in a society where every aspect of it is not administered according to God’s law.
It is important to remind ourselves that Shari’ah only works in a perfectly believing society where people are satisfied within their hearts and minds to live according to the Shari’ah rules. In such a society, there will be no theft because everyone will be satisfied with their economical situation. There would be no need for someone to steal from someone else. If it happens then the person must be punished in the name of God. Partial practice of Shari’ah in a society does not represent Shari’ah at all; it cannot be called Shari’ah anymore. Whatever His order is, the society must obey that order fully.
- Public Order
وَإِن طَآئِفَتَانِ مِنَ ٱلْمُؤْمِنِينَ ٱقْتَتَلُوا۟ فَأَصْلِحُوا۟ بَيْنَهُمَا ۖ فَإِنۢ بَغَتْ إِحْدَىٰهُمَا عَلَى ٱلْأُخْرَىٰ فَقَـٰتِلُوا۟ ٱلَّتِى تَبْغِى حَتَّىٰ تَفِىٓءَ إِلَىٰٓ أَمْرِ ٱللَّهِ ۚ
“If two groups of believers fight, make peace between them. But if one of them transgresses against the other, then fight the transgressing group until it returns to the command of God…” (49:9)
For example, two believing groups are fighting over the interpretation of a verse or hadith narration or for any other reason. The Shari’ah rule is to make peace with them first. The believing administrators must work on reconciling the discrepancy in their understanding, make them understand how it applies in their living. However if one of them transgresses against the other then fight the transgressing group until it turns to the command of God. This is not until one turns to the command of their expectations but to the command of God.
All of the Shari’ah rules are organized on God centered understanding of life. If one does something for their own benefit, Shari’ah does not apply to them. God centered understanding of life can only be applied in a believing society that is not looking for personal benefits, or the benefit of their country. Only God’s will should prevail in a believer’s society.
We will continue to study further selected verses on Shari’ah within a society in the next set of notes.