ISLAMIC LEGAL LAWS
What isMeant
by Lawful and Unlawful?
Humankind gifted with the powers of will and intellect, is free to chart out its course in life, whether good or evil. Through these two powers, man is able to create or cause any action, as well as abstain from any particular act and avoid its occurrence.
Through these powers, actions or causes come out from the stage of possibility to actual deed or commitment. Man is free to eat, drink, till the land, make airplanes, build cities and plan and run factories...etc. as well as indulge in evil and destructive acts such as drinking a wine, oppressing and killing fellow humans, and destroying the fruits of progress.
The ReasonBehind
Lawfulness (Ibahah
):
Allah, the Almighty created man on earth and supplied him with the means of life. He made the earth and what is in it and what is on it for the benefit of man and surrounded it with cosmicsystem which
suits the circumstances of life on it.
He made the relation between the sun, the moon, gravitation and the gaseous atmosphere,...
etc. suitable for life on earth.
He prepared for man on its surface, underneath the ground and in the seas and rivers, all the necessities of life and its progress. He created plants and animals, seas and rivers, mines, and mountains, the air and thebirds which
fly, all for the sake of man and his interests. He provided him with the blessings and sense of goodness and gave him all he needs without any defect or deficiency in the system of creation and its relation to man and life.
This excellent creation and perfection is a clear prooffor whoever thinks carefully and sincerely concerning the wonders of life, where harmony prevails between man and nature without the least disorder or confusion
. Man finds all the essential needs of life such as food, water, air, light, heat, moisture on this planet and the force of gravitation, the pressure of air, the percentage of oxygen, the elements of soil, are in exact proportion to enable him to live and practice life systematically and orderly.
Allah the MostHigh,
says:
“Allah is He Who created the heavens and the earth and sent down water from the clouds, then brought forth from it fruits as a sustenance for you, and He has made the ships subservient to you to run their course in the sea by His command, and He has made the rivers subservient to you.And
He has made subservient to you the sun and the moon, pursuing their courses; and He has made subservient to you the night and the day.And
He gives you of all you ask of Him, and if you count Allah'sfavours
, you will not be able to number them. Surely man is very unjust, very ungrateful.”
Holy Qur'an (14:32-34)
Without this perfection and exactitude in the system of existence, life will be impossible for man on this land.
How beautifully Allah the Exalted, puts it:
“...the handiwork of Allah, Who has made everything thoroughly. Surely He is aware of what you do.”
Holy Qur'an (27:88)
Should all these things be not lawful for man? It was difficult for him to behave with or make use of them but Allah through His kindness, justice and wisdom enabled man to utilize these bounties of existence and granted him the power and ability to exploit them, then Helegislated
laws in a way that man exceeds not the prescribed limits.
From this connection between the principle of creation and man and life.
We can conclude that laws are the origin of all necessities of human life, and thatevery thing
in this lifeis allowed
for man. It is amonghis own
rights to practice them and make use of them with the exception of what is forbidden.
Nothingis forbidden
for man except what is harmful and dangerous for his body and soul and what contradicts and not in harmony with the system of life.
The AlmightyAllah,
says:
“And what reason have you that you should not eat of that on which Allah's name is mentioned, when He has already made plain to you what He has forbidden to you - except that which you are compelled to. And surely many lead (people) astray by their low desires through ignorance; surely your Lord - He best knows the transgressors.”
Holy Qur'an (6:120)
“Say: Come! I will recite what your Lord has forbidden to you:....
”
Holy Qur'an (2:152)
In Islam, the forbidden things or acts are limited and whatever elsebeside
, is to enjoy according to asystem which
preserves the way of life and provides balance and harmony in every human activity. Therefore, the Qur'an condemns the attitudes of those who straiten life both upon themselves and upon other by preventing and prohibiting whatis made lawful by Allah
on His servants. The Qur'an questions thebehaviour
of such people.
“Say: Who has forbidden the adornment of Allah which He has brought forth for His servants, and the good provision?..
”
Holy Qur'an (7:32)
In Islam, the concept of lawfulhalal
and forbiddenharam
in life is not to prevent man andparalyse
his life and activities.But
Islam's view is exactly the opposite as explained by the two above-mentioned verses of the Holy Book. Islam considers all useful things permissible for man and prohibits on by harmfulacts which
lead him towards confusion in life.
The wise declarations of the Qur'an confirm this opinion and restrict the prohibitions only to wickedness, lewdness and abominable acts and things.
“Say (O' Muhammad unto mankind): My Lord forbids only indecencies, such of them as are apparent and such as are concealed, and sin and unjust rebellion, and that you associate with Allah for which he has sent down no authority, and that you say of Allah what you know not.”
Holy Qur'an (7:33)
“Those who follow the Messenger - Prophet, theUmmi
(the one who neither reads nor writes), whom the y find mentioned in the Torah and the Gospel.
He enjoins them good and forbids them evil, and makes lawful to them the good things and prohibits to them impure things, and removes from them their burden and theshackles which
were on them. So those who believe in him andhonour
him and help him, and follow the light which has been sent down with him - these are the successful.”
Holy Qur'an (7:157)
As is clear from these verses the reason behind prohibition is for the betterment of human society. The Qur'an focuses on three main prohibitions, namely. Wickedness, Lewdness??
and
Abomination.
These threeare used
to specify the degrees of ugliness and harm in the forbidden things or acts - whether material or spiritual.
The word 'khabith
' in Arabic language means 'what is disliked because of its wickedness and vileness whether, tangible or not.
Hence, the word 'khabith
' and its derivations altogether mean what is disliked, impure, every corrupt thing or every forbidden act. For example, the word 'khaba'th
' means what the Arabs used to dislike and not to eat such as snakes and beetles while the word 'khobth
' means 'deceit' so far as gold and silver are concerned.
But
the wordfuhush
(lewdness or obscenity) in Arabic language refers to 'what makes wickedness great concerning of sayings and actions'.
And we can understand the meaning of the wordmunker
(abomination) if we know that the Arabs say 'when a man is disguised means his state is changed from happiness todislike' .
We understand through this literary analysis the main prohibitions likekhaba'ith
(filth or wickedness),fawahish
(lewdness or obscenity), andmunkirat
(abomination). Thus, it is clear Islam never forbids good and healthy things in life including food, drink and natural humanbehaviour
...save they are contaminated by the three mainprohibitions which
are dangerous and harmful for the body and soul of man.
The Meaning of a Divine Law (Hukum
):
Aclose scrutiny
of human life and incidents, attitudes, activities and dealings, concerning it, could be divided as follows:
1- Man's relations with his Creatoris
evident in acts such as prayer, fasting, hajj (pilgrimage)...etc.
2- Man's relation with his self is evident from such actions as cleanliness, ritual purity, taking care of his adornment and bodilyneeds, ...etc
.
3- Man's relations with fellow humans such as his family, the society he lives in, matrimonial rights, inheritance, trade, politics...etc.
4- Man's relations with animal, plants, nature and its resources and treasures or his relations with things, products, materials,...
etc.
5- Man's psychological and scientific relations with the above-mentioned altogether.
All these activities and relations are inter-related and inter-act in all stages of life, and hence the need to organize them and classify them into obligations, the lawful and the prohibited, etc.
Thus, this organization and classification, of man's relations, attitudes and activities,is called
a law based on IslamicShari'ah
.For instance, Islam makes knowing of Allah the Creator, prayer, social and economic justice as obligatory, and it makes the resources of the earth lawful for all, while it forbids injustice, wine, backbiting, manslaughter, etc. and it declares urine to be impure, and rules that whoever kills another intentionally and unjustly and is connected with him (the dead) through the relation of inheritance, never inherits...etc.
Islam, in order to organize life and build up a healthy and harmonious societylegislates
a law.
Therefore, a law based on Islam can be defined as Divine legislation orShari'ah
which organizes human life
is keeping with the wonders of creation and nature.
Consequently
the circle of these laws is extended according to the elasticity of the circle of life - small or big - and which implies all its developments.
So Islamic law contains a great legislative power and a unique ability to cater the healthy needs of the individual and society.
The secret behind an Islamic legislation is its being everlasting,original
and dynamic. A Muslim finds Divine law for all his actions and deeds. There is no issue in life, whether big or small but has both a law based onShari'ah
(hukum
) and a certain legislative situation which clarifies the responsibility of man and his practical attitude in an obvious lawful way, which says: 'There is no occurrence but Allah has made a DivineJudgement
regarding it'.
On one side, man, according to Islamic legislation, enjoys an extensive and clear view ofbehaviour
, while on the other side, he possesses practical measures through which he can specify and adjust this view continuously according to the laws ofShair'ah
.
This practical measure becomes obligatory for man on reaching the period of maturity in order to follow upon itsguidance which
will bring him happiness and ward off misery.
Hence, we understand the saying of the Messenger of Allah, Prophet Muhammad (s.a.w
.) about the dynamism ofShari'ah
formankind:
“I bring you both the welfare of this world and the next.”
Kinds of Laws:
Should we track man's daily conduct and his activities and attitudes, we will find it most difficult to count them. Every man produces hundreds of quotes and does hundreds of deeds. Withinhimself
countless thoughts, ideas and feelings flow. For instance, he can eat, drink, sleep, marry, steal, commit adultery, kill, cheat, tell lies, pray, worship, monopolize, be kind to the destitute and orphans, laugh, become desperate, be pessimistic and optimistic, produce medicines, make tools of torture, believe in Allah, think and discover sciences andknowledges
...etc.
It is a list of both evil and good deeds. They are not equal in respect to their benefit and harm to the individual who does them, and thesociety which
absorbs their effects.
Islam regards human activities, such as actions, sayings, ideas and feelings with due attention. Islam puts these activities into a variety of categories, and so every activityis precisely weighed and described in respect to its nature and impact on man himself
. Islam does so to show the path before man, and put forward a criterion by which man evaluates his activities, develops them, and steers himself clear from evil and crime.
Manis also urged
to mobilize his energies in the domain of good and constructive works and preserve them from being dissipated and lost. These energies granted to man by his Creator are not to become tools of destruction and sources of calamities and torture to man. The ultimategoal,
is thus, attaining Allah's pleasure.
On the basis of
these considerations and goals, man's deeds fall into five categories, where every activity is valued according to its positive or negative effects on man and his varied relationships.
These categories, as stated by the scholars are:
1- Permitted (Mubah
)
2- Recommended (Mustahab
)
3- Disapproved but not unlawful (Makruh
)
4- Forbidden (Muharam
)
5- Obligatory (Wajib
)
1- The Permitted (Mubah
):
It is an act in which a sane personmukalaf
who has reached his puberty has full freedom to do it or leave it aside. Within the circle of the permission, such a personis never asked
concerning what he does or leaves of the permitted actions.
Examples of permissible acts are countless and innumerable in the life of a man. For instance, amukalaf
is free to choose the work that best suits him/her. He is free to do research and think on the sciences of nature and life.
He is free to select the suitable system to run the social and political offices and establishments; to determine the food,clothing
and residence he likes...etc. He is also free to use what suits his inclinations, circumstances and abilities...on the condition thatall his actions should not
exceed the limits and exceptions set by Islam.
It is worth mentioning that the sphere of the permittedMubah
is the widest among the daily social humanbehaviours
, for all acts are, as a rule, permitted according to the mostwell-known
religiousjudgement
. Everything is permissible except the one forbidden by a Divine law.
2- The Recommended (Mustahab
):
It is any ac t that the Muslimis urged
to do, whereby he is viewed a performer of the good and so deserves divine reward and Allah's pleasure.But
no punishment is set forany one
who leaves it or considers it easy, because, if done, its fruits will be to his benefit, and if left or ignored no harm will result from it.
In the life of the individual or a group, recommended acts are numerous. Greeting others, paying visits to friends andneighbours
, giving alms, being tidy and elegant, and many rites likedu'a
(supplication), night prayers (superogatory
), fasting during the holy months of Rajab and Sha'ban, reciting the Qur'an, are but a few examples of recommended acts.
The recommended deeds in Islam uplift mark to a lofty spiritual position and make him do the maximum possible acts of good in his life on earth to obtain Allah's pleasure in the Hereafter.
The Muslim does the recommended deeds out of a sublime moral motivation, without the slightest feelings of fear or coercion. He is propelled by love and longing to walk on the path leading to perfection and continuous enrichment in this life.
3- The Disapproved ButNot Unlawful
(Makruh
):
Makruh
could be defined
as an act a Muslim, is urged to avoid although it is not unlawful. It is preferable to avoid such acts in the interests of self or society. However, Islam does not set a punishment for the Muslim who does it, because itis not considered
haram
. Islam stops short of making itharam
, and only urges the Muslim to avoid it, as it is likely to lead to harm or corruption.
This law is very effective in blocking the ways ending in the commission ofharam
acts.
The exhortation to avoid themakruh
is the second factor, following the urging to accomplish themustahab
, that
supports the key laws ofwujub
andhurma
in uplifting man spiritually to attain higher, sublime, spiritual stages so that he can ward off harm and danger in human life. Examples ofmakruh
are:
urinating in stagnant water, sleeping till after sunrise, eating in a state after intercourse or sexual discharge without performing the obligatory bath, ablutions, and making large scale advertisement to sell unworthy things...etc.
4-
The Forbidden (Muharam
):
It is any act that Islam prohibits the religiously responsible Muslim, from committing, and sets a punishment for the transgressors, while praising and rewarding the one who totally abstains from such acts. It is a procedure Islam takes to check the deviation that man may be led to perversion and the wrong and unnatural expression of motives anddesires which
are harmful to his body and soul.
It is alaw which
checks chaos and corruption and nips dangers and crimes in the bud. Doing theharam
distances the human soul from nearness to Allah and blocks the process of sublimity. Asharam
action contains deep psychological» bodily, spiritual, and social risks, Islam sets both legal and social punishment for the transgressor, in addition to the severe punishment in store for him in the Hereafter.
Islam does not leave the matter unexplained. The Holy Qur'an makes it clear that the goal of forbidding certain acts is not disturbing man, depriving him, or making him deal dispiritedly with life. To the contrary, Islam aims at something else, as mentioned in the following verse:
“Say: My Lord has only prohibited indecencies, those of them that are apparent as well as those thatan
concealed, and sin and rebellion without justice, and that you associate with Allah for which He has sent down no authority, and that you say against Allah what you know not”
.
Holy Qur'an (7:33)
“Those who follow the Apostle whom the y find written down with them in the Torah and theUmmi
, Evangel, (who) enjoins them good and forbids them evil, and makes lawful to them the good things and makes unlawful to them the impure things, and removes from them their burden and the shackles which were upon them; so (as for) those who believe in him andhonour
him and help him, and follow the light which has been sent down with him, those are the successful”
.
Holy Qur'an (7:157)
Examples ofharam
acts are premeditated killing, usury,drinking
wine, taking other people's property by force, disseminating harmful ideas and distributing morally reprehensible books and publications, and so on.
5. The Obligatory (TheWajib
):
It is any act that Islam makes obligatory on amukalaf
Muslim in a decisive and final way and which, under no circumstances, can he/she ignore. Islam sets punishment for whoever leaves it intentionally, and rewards for whoever performs it perfectly. Prayer, fasting,zakat
,khums
, jihad, ruling justly, being kind to parents, enjoining good and forbidding evil, fighting oppression and tyranny, having love and affection for the Prophet (s.a.w
.) and his Household, being truthful, obeying the orders of the Islamic state that rules by the Qur'an, are among the unavoidably obligatory duties in Islam.
Such duties and obligations were not ordained except for the welfare ofmankind,
preserving life and order, and safeguarding humankind's security in this world and the Hereafter.
Should we try to examine the laws of the obligations in Islam» study them analytically, trace their results and practical consequences in life, we would see that they effectively conduce to balance life, preserve the order of human nature, and nurture a systematic relationship between man and his Creator on one hand and man and society on the other.
The philosophy of the obligations in Islamis based
on making thewajib
a quantity in an equation whose other quantity is right and reward or punishment. What is obligatory is ordained to deepen the feeling of responsibility on the part of the Muslim, emphasize the relation between right and duty, narrow the circle of egoism and to foster humanconscience which
opens one's eyes to the concepts of justice and equity. Man realizes, through these duties and obligations, that every human being has the right to live, and duties to perform without which social life and the ties with Allah the Glorified,cannot be balanced
.
The secret behind thewajib
and divine obligations in Islam, should we try to know, lies in the fact that man, when performing such duties, adds to the chain of good, a new link which makes it more effective as it expands man's best tendencies in his inner, and bears good fruit through interaction between the human self and the surrounding environment.
Such resultscan be regarded
as a criterion by which man's intentions are measured, and be the basis for his reward or punishment.
If the original lawis amended
by any accidental cause then the new law possesses the same legitimacy the original one had. It is an indivisible religious obligation that the responsible Muslim has to perform, orbe given
the choice of performing or leaving it according to the nature of the law.
If fasting, for instance, is obligatory under normal circumstances, it isharam
for the sick to fast. Then fasting is, in this case, legitimatelyharam
in a decisive way. If the sick person fasts, his action is not legitimate but isharam
andensues
some consequences set and explained by Islam.
Every Occurrence has a DivineJudgement
:
The Islamic texts ofShari'ah
and its general concepts state for the jurisprudentsfuqaha
and the experts of Islamic legislation, to formulate the widest applicable rule of jurisprudence whichsays:
“Never is there any occurrence without a divinejudgement
concerning it,”
as an expression of the spirit of theShari'ah
and an explanation of its reality.
To look for a source for such rule and its source of lightening, we will find many contexts in the Holy Qur'an and the Prophetic traditionhadith
which
we referred to in our previous books of this series, therefore, there is no need for repeating them.
It is better to mention here a quotation from ImamJa'far
al-Sadiq
(a.s
.) which refers to the same subject:
“Never is there anything without a law concerning it or a knownsunnah
(Prophetic tradition).”
This rule has a wide ideological and a legislativeimpact which
not only participates in developing the life of Muslims and expanding the sphere of their activities but also in its adaptability to IslamicShari'ah
in order to strengthen the bonds between a Muslim and his Creator.
This rule confirms that no deed or intention done by man - whether good or evil; useful or harmful; concerning individuals or groups unless Islam views its opinion regarding it should fall under one of the following categories: prohibited; obligatory; permitted; disliked; recommended.
Man's acts altogether, being small or big,are described
under one of the five above-mentioned categories. InIslam
there is a divinejudgement
for each of them. This generality in Islam gives a Muslim a general rule under which he measures all his actions and evaluates them before performing or committing them.
This universality in IslamicShari'ah
helps man to correct hisbehaviour
; protect the society against disorder and chaos; shows him the right path towards safeguarding the rights, responsibilities and interests against loss and waste; develops in him the spirit of moral and legal consciousness; and instills in him the spirit of responsibility. Therefore, he never takes any decision norpractises
any action before he thinks and specifies his legal (Islamic) duty and responsibility towards it.
Thus, a man comprehends in all actions and subjects bytaking legal opinion into consideration
. For instance, if he finds it (an action) obligatory, will surely try to do his duty and perform his responsibility in the best and absolute way.
But
if he sees it prohibited, he will not only refrain from doing it but will also try to avoid what leads towards vain and disaster.
If hesees
is it an act permissible, he will freely do it or leave it aside.
And
if he sees it undesirable or recommended, he is free to do or abandon it.But
due to his sincerity for achieving perfectness in his belief and also as a result of his religious spirit, it is better for him to educate himself of the merits of recommended deeds and leave the undesirable ones.
Necessity and Change of a Divine Law:
As we mentioned in the previous chapter that the divinejudgement
hukum
is connected with the nature of an action and its impact.
And
it is the identical description of the subject which decides (specifies) the nature of a divinejudgement
hukum
, such as prohibition, obligation; permission...etc; it is a divinejudgement
itself which discloses the nature of the topic (subject).
Hence, a single action does not have more than onehukum
(a divinejudgement
) in an occurrence. For instance, drinking winecannot be described
in its reality save with prohibition: jihad (holy struggle) cannot be described other than an obligation...etc. Sometimes, it may happen that man may face some external and unexpectedcircumstances which
may lead to the change of the divine judgmenthukum
or require the change of peculiarity of an action itself.
Indeed, Islamic legislation deals with such facts with more reality and accuracy. Islam permits the shelving of the original givenjudgement
- the first realjudgement
- temporarily, if some unavoidable andextraordinary ,
circumstances happen. In such cases, man is obligedeither to
refuse or change suchjudgement
in order to ward off danger, hardship and harm against him or his interests.
With this observance, the aim of the exceptional legislation - the secondary realjudgement
- is safeguarding the essential purpose of Islamic legislationitself which
is primarily in the interest of man and society and is to avoid loss and corruption.
According to this Islamic principle, topics of many subjectscould be changed
. It may happen that an obligatory or permissible actbecomes prohibited
or a prohibited and permissible act becomes obligatory:
For example, Islam makes it permissible for a Muslim to do a forbidden act if circumstances compel him to do so or by doing so he will be able to ward off, through an impending danger himself or his property orhonour
.But
once such an emergency or compulsion ends, the permission to commit the forbidden will end too.
Allah, the Exalted says:
“...then whoever is driven by necessity, not desiring, nor exceeding the limit, no sin is upon him. Surely Allah is Forgiving, Merciful.”
Holy Qur'an (2:173)
To go along with this wise declaration of the Holy Qur'an, the following jurisprudential rule is formed“At the time of necessity, the forbidden becomes permissible”.
On the basis of
this rule, Islam permits a hungry man at the point of death to eat carrion or the flesh of a dead animal. He may even take by force his legitimate needs from other's properties - if others do not supply his need - in order to ward off destructive hunger of himself and his family.
For this reason, Islam gives the oppressed the right to backbite the oppressor.
The Almighty, Allah says;
“Allah loves not the public utterance of hurtful speech, except by one whobas
been wronged. And Allah is ever Hearing, Knowing.”
Holy Qur'an (4:148)
Another example for the change of a divinejudgement
hukum
is: the change of a permissible actmubah
through transforming it from the state of permissionibahah
into the state of an obligationwujub
or a prohibitionhurmah
, according to an urgent necessity which requires such change in order to deal with objectivity and reality with this urgent and exceptional circumstance, until affairs return to their natural course.
Thus
the natural legislation plays its role as stated in the origin of legislation. Examples of permissible actsmubah
which
become forbidden, are many, among them is“Every permissible actmubah
in which no interest can be achieved except by leaving it aside or harm and loss is resulted for doing it- because of an urgent cause.”
Forexample:
Some permitted foods whose eating becomes dangerous for man's life and his health. Like a patient who insists on using certain kind of food prevented by a doctor and which may cause him damage and harm. If he eats such food, which may harm his health or causes him death, he will do a forbidden act and thus commits sin for refusing his doctor's advice.
As this change of permission happens in the individual field, it may also happen in other fields including social, economic, political...etc.
Regarding the change of the laws of permission in the social field is what happened in Iran when the great juristmujtahid
Mirza
HassanShirazi
who proclaimed his famous verdict fatwa from Najaf in 1891, December about the prohibition of smoking under temporary circumstances.
Because tobaccowas monopolized
by a British colonialist company at that time, so his verdict was a declaration for an economic war against the usurper colonialists.Consequently
smoking became forbidden after its being permissible and lawful because Muslim interests were in danger and required the taking of a decision for the sake of safeguarding the rights of the Muslim community and protecting it from the exploiting enemy.Thus
this prohibition took its effect and became obligatory for all Muslims to refrain from tobacco until its main causes were removed. Iranian Muslims including the mother of the thenQajarid
kingNaseruddin
Shah adhered to the prohibition until the agreement with the British company Laws cancelled in early 1892.Thus giving back Muslims the rights to control their own wealth and property.
In similar situationswajib
kifa'i
becomeswajib
'aini
as the necessity is concerned. For example: If an Islamic state, based on Islamic rules, requests that the Muslim country is in need of scientific specialization in special branches of science because of the general interest and it demands that some qualified individuals should do their duty concerning this specialization. This specialization becomeswajib
'aini
which was hither-towajib
kifa'i
.Thus
it becomes obligatory for concerned individuals to specialize in such fields.
Another example is, if a truly Islamic state gives the responsibility or a post in the governmental system to qualified individuals, it becomes obligatory for such individuals to respond to the state's decision without having the right to refuse except in case of a reasonable legal excuse. There are many different examples concerning thissubject which
are outside the purview of this book.
Before proceeding further, we state once again that such changes in the originalhukum
are only of a temporary nature caused by expediency in the interests of an Islamic state and the society, and certainly not against public interests. It should, however, be kept in mind that there is no other viable solution except this temporary change under pressing circumstances, and solely in the interest of Islam and Muslims, by a competent Islamic authority and in conformity with the Divine laws of the Supreme Law-Maker and His Wisdom.
The change of divinejudgements
- caused by urgent circumstances- does not mean to play with the spirit ofShari'ah
or scheme against its aims at the whims and narrow interests of unqualified leaders or so-called experts. It is not correct to take this capability in the IslamicShari'ah
as a mean (a cover) to change thejudgements
and laws or play with them according to one's own will.
This change injudgements
has special principles andrules which
should be followed in a way which leads to the guarding of principles and rules related to formulating and discovering laws in general.
Regarding the change ofjudgement
- which comes out of a case of expediency - the newjudgement
has not only its legitimacy as the first one butis also considered
as commandment binding upon the concerned group or society.
Likewise, if fasting is compulsory for everymukalf
person,provided that
some conditions are met, it becomes prohibited for the sick. The prohibition of such fasting becomes like any other legal prohibitions and the sick person's fasting becomes a forbiddenact which
deserves other laws.
Major ProhibitionsIn
Islam:
If we study the forbidden things in Islam deeply and in detail, we will find that proscribing them is a step taken by Islam to protect humanity from perverse conduct and keep it away from dangers and evils.
Through theseinjunctions
Islam protects man's psyche, body and soul within the individual sphere, and it safeguards other human relations and community life, within society from the risks of subversion, perversion and decadence.
Ideologically, Islam makes unbelief and distrust in Allahharam
.Also
, attributing injustice, incarnation and the like, to Allah the Glorious isharam
.
Islam also makesharam
superstition, charlatanism, blind imitation and anything that enslaves the mind's inquisitive and creative activity, and prevents a good understanding of life and existence. The relationship between man and Allah remains firm and binding, as it is the source of all human conduct and orientation, andit is the stimulus that moves it on the right path
.
With regard to man's self, Islam makesharam
anything that may lead to pollute man's inner life, kill his conscience and moral intuition, and that which may change his life to total misery and helplessness, and his conduct to an animalistic one devoid of any human feelings.Thus
Islam makes malevolence, hatred, despondency, mistrust, etc.haram
, in order to uplift the human soul to the highest level of perfection and cleanliness, and to protect and purify it from unhealthy traits and crookedness of conscience.
With respect to man's body, Islam makesharam
all the activities, practices, and actions that are detrimental to health. Therefore, wine-drinking, adultery, eating the flesh of swine, dogs and many other unhealthy animals or for that matter animals killed by strangulation, carrion, and blood are allharam
.
When Islam protects man's psyche and his body on the one hand, it pays due attention to protect the community from crime and harmful practices in the domains of sociology, politics, economy, the judiciary, education and so on.
Accordingly, Islam makesharam
, oppression, usury, monopoly, cheating, theft, telling lies, backbiting, false witness, cursing, bribery, homicide, gambling,teaching
and spreading harmful ideologies and ideas like those made popular through pornographic literature, films and pictures.
By so doing, Islam secures the health of both the individual and the society.
Islam rules that carnal sins which constitute themost grave
danger to man and environment areharam
.
A good look at these sins, and a deep pondering over them in the light of social experience, scientificresearch
and sound thinking, illustrates to what degree they are dangerous to both the life of the individual and the stability of the society, and so helps one to understand the wisdom behind making these deedsharam
in Islam.
It is of a great benefit to cite these prohibited things, which Islam warns Muslims not to commit, as painfully severe punishment is in store for them should they commit such acts, which if committed, may endanger life and social order.
The following are the mainharam
things:
1. Polytheism.
2. Desperation and despondency about one's fate and the idea that Allah will never have mercy on him.
3. The belief that Allah will never punish oneself.
4.Undutifulness
towards one's parents.
5. Homicide.
6. Falsely accusing a married woman of committing adultery.
7. Taking away the orphan's possessions and money unjustly.
8. Fleeing the battlefield of jihad.
9. Usury.
10. Adultery.
11. Sodomy.
12. Witchcraft.
13. Perjury.
14. Bearing false witness.
15. Concealing testimony (about something one knows and can help establishing justice by giving it).16. Drinking wine.
17. Breaking pledges. 18. Cutting off relations withone's
near of kin.19. Emigration from the Muslim homeland to a place where one's faith becomes a risk.
20. Theft.
21. Telling lies about Allah, His Apostle,Imams
and common people or attributing to them something which they did not say.22. Cannibalism.
23. Drinking blood.
24. Eating swine or flesh of animals thatare slaughtered
without mentioning Allah's name on them. 25. Ill-gotten money earned by selling wine, or gained through prostitution, dancing, as well as money gained through bribery, and the salaries given by the oppressive regimes when one cooperates with them to prop up injustice and implement their corrupt schemes.26. Giving short measure and weight.
27. Supporting the oppressors.
28. Pride.
29. Extravagance.
30. Squandering money.
31. Fighting the faithful and callers to Islam.
32. Working as dancers and musicians.
33. Backbiting.
34. False accusation.
35. Cursing the faithful, insulting and humiliating them.
36.Talebearing
.
37. Pandering or acting as pimps.38. Cheating.
39. Sanctimoniousness.
40. Hypocrisy.
41. Ignoring or belittling one's sins and transgressions...
Apart from these forbiddenactions
there are a lot more which result in corruption,haram
and the ruination of life.
Haram
acts are the plague and the greatest danger threatening the life of both the individual and society. Only by steering clear of them, can humankind protect and preserve their body and soul from decay and perfidy.
Medical,social
and psychological studies have recently uncovered the grave dangers caused by theharam
.
Astonishing figures are emerging from research institutes, about the crimes, ailments and anomalous phenomena and cases in the communities that have dropped the concepts ofhalal
andharam
from theirbehaviour
. Such statistics show how urgent it is and necessary to set to work in saving the human race and finding a way out of the predicament in which they wallow, after discarding the divine values and yielding to the bestial way of life. They should return to the straight path of Allah, which is the proof of the Almighty's kindness,mercy
and generosity.
Author: Al Balagh Foundation
