Part Two: Foroo‘ al-Deen or The Essential Principles and Practices of Islam
Before beginning with the presentation of the second part of Islam’s outstanding teachings, it is worth mentioning that the first part of Islam’s splendid teachings; namely Osool al-Deen; the fundamental principles or beliefs of Islam, which were covered earlier - must be the belief of the individual out of reason and conviction by investigation, for they are issues related to thought and belief, and it is not sufficient for one to rely on and follow others on these matters.
However, in the case of Foroo‘ al-Deen or the essential rulings and practices of Islam that we are to discuss here, involve all aspects of life, covering one’s every acts, deeds, and movements from before one’s birth to after his death. Since one is generally not able to readily attain expert knowledge in every aspect of all these acts, deeds, and movements, and acquire their rulings from their detailed sources that are mentioned in the four sources; namely the Noble Qur’an, the honourable sunnah - i.e. the hadith of the prophet and the narrations of his Ahl al-Bayt peace be upon them all - consensus, and reason, therefore Islam has allowed one to follow a mujtahid (learned expert) who is fully qualified for taqleed on these matters, and to refer to him in order to make things easy for the individual concerned.
Of course Foroo‘ al-Deen are many, and so we shall mention the most important of them which are the famous ten, and then we will elucidate some of those that require clarification by the will of Allah. The ten famous Foroo‘ al-Deen are as follows:
1. Sala or the daily obligatory prayers,
2. Sawm or fasting,
3. Khums or the one-fifth religious duty,
4. Zakah or the duty applicable to certain commodity,
5. Hajj or pilgrimage to the holy city of Mecca,
6. Jihad or striving,
7. Amr bil-Ma’roof - promoting virtue or enjoining good,
8. Nahy anil-Munkar - prohibiting evil,
9. Tawalli - aligning with Allah’s disciples,
10. Tabarri - dissociating from the enemies of Allah.
Needless to say, these ten principles, as well as other principles such as buying, selling, marriage, divorce, punishment, compensation are discussed in detail in our book The Manual of Islamic Law. However, some of the important principles, which are of particular significance in the modern times, such as human community, social order, politics, economy, the army, the armed forces, the justice system, culture, mass media, health, medical issues, individual and social freedoms, and suchlike are the ones we shall discuss in this section by the will of Almighty Allah.
Society and the System of Islam
There is no doubt that Islam has its own particular system for governance and for managing the affair of society, just as there is also no doubt that this particular Islamic system was working, whether when fully or partially implemented, for thirteen centuries until Islamic government fell more than half a century ago. One also hears that the Islamic civilization was an exemplary one to the greatest extent, and that through its just divine laws Islam guarantees to solve the world’s problems, and if it is brought back to governance the world will become Paradise and the people will live therein in utopia, comfort, happy, and bliss.
So what is that system?
Is it possible for the Islamic system to come back to life during the space and nuclear age, and during the internet and communication revolution?
And how would Islam solve the problems if it took charge? These are pressing questions that are worth answering. The answers that we will give to such questions here may astonish the reader and he might think we are talking of some utopian city.
We are of course ready to eliminate his astonishment by presenting the Islamic the proofs and evidences for the answers given, and presenting clear examples of the history of the pure Islamic governance, which proves the ability of the Islamic system to come back to life, and take charge - with total competence and excellence - for it is the only system from amongst the systems of the world - whether in the old times, currently, or in the future - that is able, through its divine laws, to manage developed and progressive world with a management that will realise its hopes and wishes, solve its problems, eliminate its crises, eradicate what hardship it has, as well as diseases and ignorance, delivering it to the shore of safety and security, peace and tranquillity. This system contains all the bases for development and progress, and all that mankind needs in this respect; politics, economics, freedom and suchlike, outlining some of them as follows:
Islam and Politics
Question: Is there politics in Islam?
Answer: Yes, Islam has the best kind of politics, and the finest kind of management for the country and the people.
Q. Is the Islamic system of government a republic or a monarchist system?
A. It is neither a republic nor a monarchist in the conventional sense, as found in the political dictionary of the western world today. It is a form of consultative system, and given the consensus nature of the system it would be correct to call it a republican, for the system of governance in Islam is neither monarchy nor hereditary.
Q. What are the qualities of the head of the Islamic government?
A. He is a Muslim believer who has thorough understanding and expertise in Islam. He is proficient about the worldly affairs and is empowered with the ability not to deviate from the standards of justice in all matters. So, whoever possesses these qualities and the majority of people accept him, he can be the head of the government. Whenever he looses any of these qualities he is removed from his position immediately. However, if the people would not agree with his leadership they have the right to change him and choose another individual who meets the criteria.
Q. Who chooses the Islamic head of government?
A. The majority of the people do, this is of course if he is not a ma‘soom who has been appointed by Almighty Allah such as the prophet or one of the ma‘soom Imams peace be upon them all.
Governance
Q. Are there elections, referendum, voting, parliament, and municipalities, and suchlike in the Islamic system?
A. Yes, it has all of these - and that is with respect to our time, the time of occultation of Imam Mahdi, may Allah hasten his reappearance - but in the Islamic format. So for example, the national assembly or parliament is to apply and implement the general laws to whatever they are applicable but it is not for legislation and law-making [outside the framework of Islamic laws], since legislation and law-making is the right of Almighty Allah, firstly, and secondly because there is no deficiency in the laws of Islam nor is there any shortage that we need to legislate. Islam has elucidated for us the law of everything, “even the compensation of a scratch”, as the hadith goes
, and in another hadith, “the halal of Muhammad is halal until the day of judgement, and his haram is haram until the day of judgement”
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Therefore, it is not permissible for anyone to prescribe anything as halal or haram, and the only right there is the freedom in implementation, for example Islam has decreed that trading is the right of the people to engage in, thus it is not permissible for the parliament to change or modify this right by making it exclusive or the right of the government only. On the other hand, as Islam has not prescribed the flow of traffic to be on the right or left, therefore it is for the parliament to decide on which side it should be, for Islam has in general enjoined to order and prevention of disorder and anarchy, and thus to decide for the traffic to be on the right, say, is in accordance with the order which Islam has promoted and legislated, and the same goes with the rest of the issues.
Q: Why do we then see shortfalls and deficiencies, problems, and man-made legislation in Islamic countries?
A: These countries are Islamic by name and slogan only and nothing more than that. Almighty Allah has said,
.And whoever turns away from My Message, verily for him is a life narrowed down and wretched and on the Day of Judgment We shall raise him blind..
So he who begins to legislate and makes laws himself, and turns away from the laws of Allah, he shall narrow down and straiten his life and his sustenance - just as life is narrowed down and straitened for the Islamic countries today - and he shall have humiliation and hell fire in the hereafter.
Duties of the Islamic Government
Q. What are the duties and tasks of Islamic Government towards the nation?
A. Its duty is to uphold justice amongst the people, inside and outside the country, and to push life forward towards progress, the provision of sustenance and wealth, to educate and bring about awareness, and to protect their security and stability.
Q. What laws does the Islamic government adhere to?
A. The laws that are derived from the Qur’an, the sunnah
, consensus, and reason.
Q. Who gives these laws the final shape for practical purposes?
A. The just fuqaha’ - i.e. the learned scholars of Islamic law and jurisprudence who do not deviate from the standards of justice - from amongst the maraje’ who are expert in both religious and current affairs, to whom the people refer in taqleed.
Q. Are political parties recognised in Islam?
A. There is no objection to [political] parties that [operate] under the supervision of the scholar maraje’ if this is in aid of forming a parliament that implements and enforces the laws. However, as for parties that aim to form a legislative parliament [passing manmade laws contrary to the Islamic law], then there is no room for them in Islam, for legislation is specific only to Almighty Allah.
The Islamic Economy
Q. Is there a system of economy in Islam?
A. Yes and it is the best system the world has ever known.
Q. Is the system of economy of Islam capitalist, socialist, communist or distributive?
A. It is none of the above in the conventional sense.
Q. What is then the Islamic economy?
A. The Islamic economy respects private ownership and sanctions it provided that earnings are not obtained through unlawful means and that all income liabilities are paid.
Q. What are the government’s sources of income?
A. They are the obligatory duties that Islam has sanctioned. Q. What are the obligatory duties?
A. There are four: Khums, Zakah, Khiraj, and Jizyah.
Sources of income in Islam
Q. Can you explain these duties that are the sources of income in Islam as you have mentioned?
A.Khums:
The Khums is the 20% rate the just ruler levies on all permissible profits, minerals, found treasures, pearls and other artefacts from the sea, the earnings that are mixed with doubtful ones, the spoils of the battlefield and some categories of land.
Zakah:
Zakah is the sum the just ruler takes with rates ranging from 1% to 2.5% levied on sheep, cows, camels, gold, silver, raisins, date, barley, and wheat when each one of these items are over certain threshold, as detailed in fiqh texts.
Khiraj:
Khiraj is the sum the just ruler acquires from farmers [working on] conquered land.
Jizyah:
Jizyah is the sum the just ruler obtains from non- Muslims [the Jews, Christians, Zoroastrians and other non-believers] living in the Islamic State for their dhimmi
status and the protection they attain. Q. Is there a banking system in Islam?
A. Yes but without usury - for usury in Islam constitutes a declaration of war against Allah and His Messenger - and provided that all the banking laws comply with the laws of Islam. The expenses of its employees are met from various incomes of the bank and if they were insufficient then Bayt-ul-Mal (the Treasury) would pay.
Q. Would the Islamic government take other monies from the people, like the various categories of taxes there are today?
A. No. The Islamic government has - absolutely - no right to collect any taxes other than the four mentioned. In the hadith we have, “he who takes money from another without his consent, on the day of Judgement the Almighty Allah will take, for every dirham, seven hundred prayers from amongst his accepted salah and gives them to the owner of the money”.
Bayt-ul-Mal of the Muslims
Q. What would the Islamic government do with the money it receives from the public?
A. In the structure of the Islamic government there is the department called the Bayt-ul-Mal (which is the equivalent of the Treasury Department) where all the collected funds are managed, and it is formed to meet the needs of the Muslims. The government uses the Bayt-ul-Mal to pay for the expenses of all the construction, development, reforms, projects, etc. in the country. It also uses the Bayt-ul-Mal to help the needy run their affairs so that there no destitute left in the society, like helping people to get married, start a business, buy a house, treat an illness, travelling for necessity or if one is left without money while on a journey, or for education that needs money, and suchlike, if he could prove - in a simple way, like providing evidence or witness, or even swearing on oath - his needs, then the treasury would provide him assistance according to his need and status. In this way there will be absolutely no destitute left without help under the Islamic system of government.
Q. Will those four categories of taxes be enough for all such expenses?
A. Yes, they will be enough in addition to the government’s other income from its tenements and possessions known as al-Anfa l
or ‘Estates’, and the hadith states, “if they [the Anfal] were not enough then Almighty Allah would increase their amount”.
Minimisation in departments and civil servants
Q. How will the said sources of income be enough, given their relatively small amount, when we see the massive taxes today are still not enough to meet the needs?
A. They will be enough given the government’s low overheads and trustworthiness of those in charge, and relegating the tasks and affairs to the people. For example the number of government employees in the Islamic government is very small, as there is no need for many of the government departments [and their associated army of civil servants] in the Islamic government. Under an Islamic system of government, the public will undertake many of the tasks executed by today’s governments, and what remains in responsibility of the government will be minimal and this will be discharge of in the shortest time and in the simplest way. Needless to say, when the number of civil servants is reduced to a minimum, bureaucracy is eradicated, the affairs of the people are left to the people, and those in charge are trustworthy, then expenses will be reduced and more money will available.
Q. Is there any pension scheme in Islam?
A. If one is needy and not able to earn he receives help for what he needs, not a fixed amount, as it is the norm in governments today.
Social Security in Islam
Q: Is there social security in Islam?
A: Yes, the best kind of social security and its most supreme.
Q: Can you outline some aspects of the social security in Islam?
A: Social security in Islam is in the best form there is, and since Islam’s stance is humanitarian, this security is in harmony with the human nature in its most graceful sense. Indeed history does not record prior to Islam, nor do the civilisations that came after Islam until today a social security system as thorough as the social security in Islam.
Examples of the Islamic Social Security
The social security in Islam declares the following:
1. Whoever dies and leaves debts behind, or if he leave a family behind with no one taking care of them, it is the responsibility of the leader of the Muslims to pay his debt, just as it is his responsibility to take care of his family,
2. Whoever dies and leaves wealth behind, all of the wealth goes to his heirs,
3. This is in addition to the monetary services that are provided - from Bayt al-Mal - to all members of the community to meet their basic needs and facilitate a happy life for them.
Now, with all that, is there a social security like the one in Islam in the most civilised states? Certainly not. Rather, the jahili systems before Islam, and also the modern civilised systems today impose heavy taxes on inheritance, just as they do not pay the debt of anyone, nor take care of his family. As an example the following are mentioned.
Example One
In Islamic texts there are great amount that emphasises on the aforementioned system of Islamic social security, and if this points to anything it points to the extent of Islam’s care and concern on emphasising on this great social and humanitarian issue. This matter is repeatedly narrated from the prophet of Islam and imams of the purified progeny, peace be upon them.
It is reported from Imam Ja’far ibn Muhammad al-Sadiq - the sixth imam of the Ahl al-Bayt, the purified progeny - that Allah’s messenger said, “I have more authority over every believer than he has over himself
, and Ali has more authority over him after me.” It was said to him, “What does that mean?” the imam said, “in relation to the speech of the prophet who said, “he who [dies and] leaves behind a debt, or a family, then it is my responsibility, and he who leaves behind inheritance then it is his heirs””.
Example Two
Ali ibn Ibrahim in his tafseer, or commentary on the Qur’an, reports, through his chain of narrators, from Allah’s messenger who used to say, “A debtor would not go with his debt to one of the Muslim governors, explaining to the governor his difficulty [in repaying his debt], except that the debtor will be released from the burden of his debt, and his debt will be that of the governor of the Muslims in whose hands are the funds of the Muslims”
.
After narrating this hadith from Allah’s messenger, Imam Sadiq said, “And the reason for the majority of the Jews converting to Islam was none other than this speech of Allah’s messenger, for they felt secure about their selves and their families”.
Example Three
Shaykh al-Mofid narrated in his lectures from Imam Sadiq peace be upon him who used to say, “The Prophet ascended the pulpit, and the colour of his cheeks changed, then he turned to the people and said, “O gathering of the Muslims! Indeed [the time] I was sent and [that of] the Hour are like these two
. until he said, O people! Whoever leaves wealth behind, it is for his family and for his heirs, and he who leaves a progeny or a family [who cannot fend for themselves], then it is my responsibility, and [they should come] to me””.
He also narrated from Imam Sadiq peace be upon him who said, “he who demanded money from a man who had borrowed it [from him], who had not used it in extravagance, or in sinning, and it has become difficult for him to pay it back, the claimant of the money should give him the chance until Allah provides him with the money so that he could repay it, and if there were a just governing imam (i.e. leader), then it is imperative for him to pay the debt of the debtor, on the basis of the speech of Allah’s messenger; “he
who leaves a wealth behind it is for his heirs, and he who leaves debt or a progeny behind, then it is my responsibility and [they should come] to me”, and it is the responsibility of the imam (i.e. the leader) whatever the Prophet, peace be upon him and his purified progeny, had guaranteed”.
Example Four
By virtue of its system in the Bayt al-Mal of the Muslims, and the Islamic social security, Islam made out of the Islamic State, which was of distant horizons, and expansive lands - covering over threequarters of the planet - and of great populous, a rich nation where poverty was made history.
Shaykh Hurr al-‘Ameli reports in his famous book Wasa’el al- Shi‘ah the following incident:
Amir al-Mo’mineen Imam Ali peace be upon him was walking in the streets of Kufah - his capital city - when he noticed a man begging the people. He was greatly shocked to see that and he turned to those around him and said “What is this?!” They replied, “He is an old Christian man, he is unable to work, he does not have the money to make ends meet, and so he is begging”.
Imam Ali angrily said, “You used him in his youth until he grew old, and now that he is old you have abandoned him?!” So Imam Ali ordered that a wage be assigned from the Bayt al- Mal of the Muslims for that Christian man to live on so long as he alive.
This case indicates that poverty has no place in the Islamic State, such that if Amir al-Mo’mineen Imam Ali see one destitute is shocked, and he considers this phenomenon as unnatural, which has no harmony with the Muslim society and the Islamic system, and then he orders for a salary to be assigned for him to live in comfort, even though he is Christian and does not practice Islam, so that in the Islamic State there is not even one case of poverty and destitution, and so that the world, including the Muslims, realise that the Islamic government eradicates poverty, and improves the state of the poor - not for the Muslims only, but it eliminates poverty even for the non-Muslims so long as they are under the care of the Islamic government.
Example Five
Shaykh al-Kulayni narrates that “When Imam Ali defeated Talhah and Zubair - in the battle of Camel and his battle with the Naketheen (The Renegades) - the defeated soldiers fled the scene in various directions and they passed by a pregnant woman, who was terrified by their presence, such she miscarried, and the foetus suffered distress and died shortly afterwards, and after a while the woman also died. Imam Ali and his companions passed by the road where the woman and her child laid dead, and he enquired about the matter. They said that she was pregnant and she was terrified and distressed when she saw the fleeing [of the soldiers]. He asked who died first. He was told that the child died before the mother.
So Imam Ali called for her husband, the father of the dead child. He gave him as the heir of his son one-third of the blood money, and he also gave his mother as the heir one-third of the blood money. Then he gave the husband as the heir of his wife half of the blood money that she gained from her son, and gave the rest to the relatives of the dead woman. Then he gave the husband from his dead wife’s blood money one-half, which is 2,500 dirham, and he gave the other half to the relatives of the dead woman, for she had no other offspring other than the one she miscarried when she was distressed. Imam Ali gave all that from the Treasury (Bayt al- Mal) of the city of Basrah.
This is how Islam made the Bayt al-Mal of the Muslims for the benefit of the Muslims and to meet their needs, and give their rights, for - as given in the honourable hadith - “the right of a Muslim person is not wasted” and “the blood of a Muslim person does not go in vain”
, and in this way it facilitates welfare and happiness for the nation under its just social security.
Islam and the Army
Q. Does the Islamic system of government have an organised army?
A. Yes, it has an organised army in the best form.
Q. Is there compulsory draft system?
A. No. Serving in the Islamic army is voluntary.
Q. How would that work?
A. The Islamic government would arrange for training opportunities in the various weapons and devices for members of the public so that everyone, young and old, and during their free time such as the weekends and suchlike, receive all the necessary training.
In this way the majority of the nation would receive the training and readiness, and through this it would reduce the expenses for the army. In this way members of the army would remain with their families and at their jobs. Everyone will attend training every day for some hours and then go to their jobs, and stay with their families. When there is an attack on the country it would be mandatory upon everyone to defend the Islamic State. Those who would like to serve in the military may do so if they wish to stay in the military permanently and they would receive salary on that basis.
Military Weaponry
Q. What is Islam’s opinion about the modern tools of warfare?
A. Islam considers it necessary for the Islamic State to manufacture and possess whatever is required to defend itself and to protect the sanctities of Islam and the security and safety of the Muslims
, as the Almighty has said, .and prepare for them whatever you can of power.
.
Q. What the Islamic government would do for the relatives of those killed in the battlefield?
A. If they are needy and not able to make their living the government will help them with whatever they may need and according to their status and dignity, and if they are not needy they will not be given anything, unless there is a certain interest in helping them.
Q. What is the position of Islam on the issue of peace and war?
A. Islam is the religion of peace and tranquillity, as the Almighty says; .O ye who believe enter into peace all together.
. Islam works towards proliferating and disseminating security, safety, peace and tranquillity throughout the world, and equally endeavours to extinguish the hostility of war, put out its flames, root out its cause from amongst the people through uprooting and destroying the factors that cause wars, and instead seed the elements that encourage love, harmony, peace and good will. Islam pushes for abandoning war and promotes truce even if the enemy calls for them out of trickery, for the Almighty instructs, .and if they [the enemy] incline towards peace, then you incline towards it [too].
. At the same time, Islam prohibits violence, terrorism, treachery, and assassination, and fights anything that leads to fear and apprehension, terror and trepidation in the people.
Freedoms in Islam
Q. Is there freedom in Islam?
A. Yes. Islam provides the best form of freedom. A freedom that the world has not dreamt of even in the best of civilisations it has come across.
Q. What are the Islamic freedoms?
A. They are many and we shall only mention a few in the following:
Freedom of Earning and Trade
1. Freedom in career and trade, in which every member of the nation can choose for himself any career, profession or job he wishes in order to earn his living; so he can earn through hunting, mining for any ore or precious stone or product, procurement of any of the permissible and suchlike. For example, one can import or export any goods he wishes, and buy or sell without restrictions at all. There are no custom charges or tariffs, and no conditions, in Islam. Of course, there is the condition that the goods must be lawful for buying and selling and not prohibited like liquor, and that there is no usury involved, or that the transaction is unlawful. The trader may not monopolise, or that it does not constitute harm to the people and their economy.
Freedom in Manufacture and Agriculture
2. Freedom in manufacture and agriculture. One would be entitled to farm any amount of land and in any manner that he wants, and there is no “land reform” in Islam - in the ‘imported’ sense. However, if the land were “conquered by force” by the government then the farmer has to pay a small amount of rent to the government, this rent is called Khiraj. If the farmer is poor the government must see to his need according to his status and dignity. One is allowed to farm as much land as he can, provided one does not deny others the opportunity, and any crop one wants, with the exception of the harmful ones such as opium. The government may not demand any taxes other than Khums and Zakah with all their preconditions as mentioned before.
The same is applicable to all manufacturing; they are all free - in the full meaning of the word - with the exception of those prohibited in Islam such as the manufacture of liquors and narcotics.
Freedom of Construction and Development
3. Freedom in construction and development. One is allowed to develop the land in any way one wants. Under the Islamic government an individual may take any piece of free
land and build anything one wants whether a house, shop, factory, mosque, religious centre, school, clinic, hospital, and suchlike, with all freedom [from any restriction or condition] and there are absolutely no charges on any development. The government has no right to make him pay even a single penny for the land or other things. Islam has decreed that “Whoever develops a barren land it is his”
, except if the land has been taken forcibly by the government from the enemy in which case the developer would pay rent to the government.
[As an example of implementing the teachings of Islam] if this one law [of the Islamic laws] were applied to land development, that alone would have been sufficient to meet the needs of the people in housing, eradiating the housing crisis that is prevailing in many countries, not to mention all the Muslim countries.
Freedom of Residence and Travelling
4. Freedom of residence and travelling. One may reside wherever one wants or travel to wherever one wants, without any restriction or condition. There are no geographical borders (between Muslim countries) in Islam, no racial conditions, no discriminations due to colour or language, etc. With this freedom there will be no identity cards, or nationalising certificate, permits, passports and all other related things - just as the European Union has done and has eradicated this loathed innovation from its peoples and countries.
Freedom of Social and Political Activities
5. The total freedom of all forms of social services and political movements with the exception of those prohibited in Islam, which are very few. Thus there are absolutely no spying agencies, for spying upon an individual is prohibited, and there is nothing in Islam called spying agency and suchlike, with the exception of an agency or a department for collecting information for the benefits of the nation, and for the protection of its security and its benefit. Thus in the Islamic government everyone is free to speak, write, express his view and opinion, and to form societies and associations, groups and political parties, to raise fund and support, to publish magazines and newspapers, setting up radio and television broadcasting stations, etc.
Freedom of all activities
6. Freedom of all forms of personal and social activities. For example, anyone who is qualified to drive is free to drive without having to pay any fees or charges and suchlike. Similarly, a deceased is not required a permission to be prepared for burial and to be buried, but rather his relatives may prepare him for burial and bury him in any place they want or that which the deceased instructed, without having to pay any taxes, charges, or fees and suchlike. The same is applicable for all other matters.
Q. The issues mentioned here would require dismantling many of the government departments we see today.
A. That is correct. This is how the Islamic government used to be. There were very few government departments, and as we mentioned previously the number of civil servants in the Islamic government is very small indeed, an absolute minimum, and because of the small number of the civil servants the government’s burden is light and its shoulders are not loaded by large sums of money.
The Islamic Justice System
Q. Is there a judicial system in Islam?
A. Yes. In Islam there is best form of judicial system, and the judges are the most just men.
Q. How are the judge and the Islamic system of Justice?
A. In Islam the judge must be a believer and a just man, learned in Islamic judicial law, and expert (mujtahid) in its rules and cases. Judgement must be based on evidences and oath, without complication and bureaucracy and without fees, charges, or costs at all. There are no formal protocols and bureaucracies in the Islamic judicial system, no requirement for formal applications for the hearing, or creating special files for the claimant, and all such bureaucracies that is prevalent today in the courts of law and the judiciary.
So because of this simplicity in the Islamic system of justice, and the required justness and fairness of the judge in Islam, one judge is able to deal with all categories of claims and cases, and judge between them and issue their verdicts in the quickest time possible. And all that is on the basis of [laws of] Islam, and the testimony of just witnesses
, and thus one judge used to make judgments for a city of millions such that there was no case unresolved.
Q. Where from does the judge receive his salary?
A. He will be paid from Bayt al-Mal, or the treasury department.
Q. What is the duty of a judge?
A. With the help of his assistants he would perform what many government departments perform in present day governments. He would supervise the affairs of charitable properties, religious endowments and their staff, manage the properties and affairs of underage individuals and returning them to them when the right conditions are met, perform marriage and divorce as required, supervises transactions, leases, rents, etc. He would also be involved in settling disputes among individuals, and executing the penalties and punishments to be carried out.
Attorney in Islam
Q. Is there in Islam a system of attorneys like we have it today?
A. In Islam there is not a system of attorneys like we have it today, and in the Islamic system there is no need for such a massive body of attorneys, since under the Islamic government matters in general and those of the judiciary in particular run with ease, simplicity, and soundness.
Q. What will [the government of] Islam do with the attorneys and the civil servants that are not required if took charge?
A. Islam does not surprise the nation with its reforms, but rather it implements them gradually and in stages at their pace. So it will facilitate for those whose jobs it does not recognise with alternative appropriate jobs, and it will provide them from the treasury to help them start another career.
And after this will one whose job is not required by Islam allow himself to rebel against Islamic government after Islam had facilitated for him with a useful job that suits his status, and provided for him until his new career with all dignity and comfort? Similarly Islam will dissolve and annul all places and activities involving production and consumption of liquor and prostitution and suchlike while paying great attention to their living matters and expenses, and facilitating job opportunities appropriate to their status and traits to enable them to make decent and lawful living and to make them needless to the vice and the illegal.
Health in Islam
Q. Is there a health service program in Islam?
A. Yes. It has the best of preventive and treatment systems, and the most precise programs in broadness and comprehensiveness, for it covers the health of the body and the soul, the wellbeing of the individual and the society, and the fitness of the climate and the environment.
Q. How does this system work?
A. Islam bases the general guidelines for health care program on three policies:
1. Prevention; for this protects the individual, the society, and the environment against the spread of disease and infections to anyone of them, and that is through the following:
(a) through the prohibition of the causes of diseases and infections such as liquor, narcotics, adultery, homosexuality, and other harmful things; music and practices that bring about anxieties; liquor shops, brothels, and suchlike.
(b) through encouraging the etiquettes and traditions of the individual and social way of life such as cleanliness, bathing, h ijamah which is blood-letting by cupping, fasd
which is the piercing and removing of blood from the veins, fasting, marriage, use of body creams and oils, use of herbal treatment such as so‘ut
, wearing kohl, removal of unwanted body hair, particular manners of eating, drinking, wearing of clothes, housing, sleeping, and while being awake, and suchlike.
2. Treatment; and that is by referring to herbal medicine and dietary procedures beneficial for treating diseases, all of which are simple and easy. Such measures although may not be comprehensive but they would stop diseases especially at the outset of the disease. Detailed health care and dietary programs are given in the books such as “Medicine of the Prophet” and “Medicine of the Imams” peace be up on them.
3. Supervision: Islam supervises the welfare and cleanliness of the environment and pursues its protection against pollution, and also monitors the health of the individual and protects him against infection. Furthermore it carefully monitors the physicians, and fires in them the restraint of the conscience, and the fear of Allah and His retribution. The Islamic law holds a physician responsible for any misconduct, even if he is an expert. This creates a strong sense of responsibility in the physician such that he would not allow himself to be complacent in the diagnosis and treatment, and in turn that makes the physician more observant when diagnosing and treating the disease, and prescribing the medicine.
Modern Medicine
Q. Has modern medical science not made a significant progress?
A. There is no doubt about progress in the modern medical science, however, the basic foundations that we have mentioned, which are the principle pillars of general health and wellbeing, have been destroyed, and thus we see mankind is afflicted with all sorts of diseases at an astonishing level to the degree that the huge numbers of physicians, hospitals, and health care facilities are not enough to maintain the health of the general public.
We still remember our fathers who used to enjoy - because of the observing the Islamic teachings on general health - excellent health, total wellbeing, and complete fitness until the last days of their lives, whereas today we see that every household has one or more people suffering from a certain illness and many people suffer from one or several medical complications.
Q. What is the remedy then?
A. The remedy is to seriously strive to bring back to existence the general guidelines and the fundamental principles of Islamic teachings on health, and to implement them in our societies, as well as using all the useful facilities of modern medicine and new discoveries, while abandoning the Islamically unlawful issues and the harmful ones amongst them. Furthermore the way for the tried-and-tested herbal medicine should be opened up so that both traditional and modern medicine could complement one another, and in this way mankind will be saved from the grip of diseases and ailments, and that humanity will not suffer under the yoke of destructive diseases.
Islamic Culture
Q. Does Islam have any a cultural/educational program?
A. Yes, in fact it has the best of programs.
Q. What are those programs?
A. Islam has made it compulsory for every Muslim, male and female, to acquire knowledge
, and it identified the [categories of] knowledge the seeking and acquisition of which is mandatory upon the people as being in three categories;
The knowledge of Osool al-Deen; the fundamental principles or beliefs of Islam, The knowledge of Foroo’ al-Deen; the essential rulings and practices of Islam, The knowledge of Akhlaq & Adab or the Islamic ethics and etiquettes.
Furthermore Islam encourages the seeking of the rest of the sciences, considers it a virtue and an honour for the individual, promotes the implementation of knowledge in practice, provides the means for it, and it has made it compulsory for the government to support the educational program in all aspects.
Q. What you have mentioned should bring about the development and excellence of the Muslims, but why are they instead backwards and underdeveloped?
A. They remained behind when they did not adhere to the teachings of Islam on knowledge, and from the day they abandoned the policy of Islam on education. At the time when the Muslims were adhering to its teachings and acting according to Islam, their culture exceeded that of the West today, and there is no better proof for this than the West and westerners own acknowledgements of this fact.
The relative number of their books, libraries, schools, and educated people - given the facilities of those days - were much more than the relative number of books, libraries, schools and educated people they have today despite all the progress in the means and facilities available.
Modern Means of Education
Q. What is Islam’s stance in relation to modern educational means? In other words, does Islam prohibit schools and colleges, newspapers and magazines, radio and television, cinemas and theatres, satellite channels or the internet?
A. Islam encourages everything that helps disseminate understanding and bring about awakening amongst the people, and globalise, publicise, and make widespread humanist culture amongst the nation.
Of course it prohibits any kind of corruption, decadence, and evil temptation in these mediums, if they are free of those; Islam is amongst the strongest supporters of these media.
Q. What is the major difference between Islam’s educational program and the Western educational program today?
A. The general difference is: Islam combines knowledge with faith, education with morality and virtue, whereas Western education today lacks faith, morality and virtue, and as a consequence knowledge, which is the best means for progress and advancement, and education is the strongest tool for achieving understanding and coexistence, peace and security within the nation - or rather throughout the entire world, has become the means of degradation and ignorance, and the tool of disseminating fear, terror, anarchy, distress, war and destruction in the community - but rather in the entire world.
Peace in Islam
Q. Is Islam a religion of war or a religion of peace?
A. Islam is the religion of peace, as the Almighty says, .O ye who believe enter into peace all together.
. However, if any one would commit an act of aggression against the people, or wages war against the Muslims, then Islam would not standby like someone whose hands tied behind him, but rather it would rise in defence to protect justice and the truth, and to repel the aggression and alleviate oppression.
Q. How does Islam support peace?
A. Islam considers it necessary to let complete peace prevail - both internally and externally. Inside the country it abolishes crimes, outside the country it does not commit any act of aggression against any one, and it confronts the aggressors.
Q. How would Islam abolish crimes?
A. Islam abolishes crime at its roots, and treats its causes. The causes of crime are: poverty, evil temptations, ignorance, animosity, problems, and suchlike. Islam fights against all of such elements until they are eliminated, and when they are eliminated, crimes will subsequently be abolished.
For example, a destitute person steals to see to his needs, lewdness and liquor lead to adultery, and drunkenness leads to crime. Ignorance causes transgression, and animosity causes fighting and war, and family problems cause tribulation and crime.
Islam, because of its correct ways and appropriate programs, abolishes poverty and enriches the destitute, teaches the people about the harms of lewdness and the decadence of liquors and thus they would refrain from lewdness and liquors with conviction. Islam publicises knowledge and education, eradicates the causes of animosity and hatred, and settles disputes and problems with easy judgments and quick decisions. In this way Islam is able to uproot the causes of crime, and plant the seeds of love and affection, unity and peace between the nation, and throughout the entire world.
Prosecution and Punishment of the Criminals
Q. How are the criminals punished in Islam?
A. After abolishing the causes of crime from society and providing a tranquil environment, Islam lays down the punishment for the criminal, and that is because he has committed crime due to his evil and deviation, and for his departure and transgression against his society and innocent members of his nation. The criminal mars the purity and sparkle of his society, and destroys the security of his fellow citizens and denies them their safety and tranquillity. Through a stern punishment, which is swiftly executed, Islam sterilises the environment so that the crime is not repeated.
Needless to say, Islam does not allow for the penal codes alone to be upheld and implement without all other law - as it is commonly seen in some Islamic countries today - for Islam considers that in itself a crime in its own right, for this entails distortion to its reputation and gives the excuse to some to accuse it of violence and cruelty.
The Punishment of Imprisonment
Q. What would Islam do with prisons?
A. Islam does not recognise any of the statute, man-made laws at all. The only laws are the divine laws only. Therefore, many of the crimes today, as per the statute law, are not crimes according to Islam for their perpetrators to be jailed for them. As for what Islam considers a crime, like theft or fornication, it has set stern swift punishments for them, and that is not imprisonment.
However, for very few crimes Islam has prescribed imprisonment - such as the well off who refuses or delays to pay his debt. Jail in Islam is when a judge asks an individual to keep a criminal, who must be jailed, in a room in his house for example. Therefore, there is no prison in the conventional sense in Islam at all, if there were exceptional requirement for prison, the building will be nothing more than a simple building, which is in fact a school for the rehabilitation of the criminal, and educating him the correct human culture.
Peace for All
Q. How will Islam keep peace outside the country and with everyone?
A. Islam does not commit aggression against anyone at all. Any country that inclines to peace, [the government of] Islam inclines to that too, Almighty Allah states, .and if they incline towards peace, then you incline towards it [too].
, and if aggression is waged against it, Islam would defend itself and the nation in the most decent manner the like of which history has never witnessed. If a country commits aggression against it, Islam will repel its aggression, with the minimum that is required to stop the aggression.
Q. How will Islam keep peace between the government and the nation?
A. The government in Islam is the government of the people in the true sense of the word. What would people want other than the right to vote, self-sufficiency, education, freedom, security, health and virtue that Islam provides for them in the best form? That is why we see the correct governments of the Muslims had reigned for so long. This was because of the mutual love between the nation and the government, and the leader did not need “secret police”, “security services” and “bodyguards” and suchlike to protect him against the people.
Islam and the Family
Q. How does Islam view the family?
A. Islam views the family - after the individual - the primary building block for building a righteous society, and thus it is eager to see the family to be a righteous in order for the society to be so too, and for this reason Islam obligates the hijab for women, as the Almighty states, .and when you ask of them (women) of any goods, ask of them from behind a screen (hijab).
and in this way potential sins and problems are reduced, which in turn strengthens the relations between the husband and wife, and the family gains stability and clam, and settles in a happy and auspicious environment, filled with love, serenity, harmony, and conformity. Needless to say women’s hijab means that women must not reveal their hair and beauties.
Q. Does Islam prohibit women from learning and working? A. No, Islam does not prohibit women from any science or job, but rather it has on certain occasions made it obligatory for her to learn or work, while on other occasions encouraged her to do them. Islam has only prohibited indecency and lewd conducts, adorning and showing themselves off in public. Islam also prohibits women from the kind of works that contrary to their chastity and status.
Islam’s view of women
Q. What is Islam’s view of women?
A. Islam is the kindest religion and principle to women that history has ever known and experienced. It observes that family life is not complete without striving and hard work outside the home, and tranquillity and endeavour inside; and it has divided the tasks between the husband and wife in order to strengthen the bonds of love and cooperation between them, so it made the tasks outside the home for the man and the those inside for the woman. Islam assigns the tasks of inside the home and settling there for women because women are more suited to managing the affairs of the home than men, especially in relation to the raising of children and educating them the correct education. She is the best guardian for children’s growth and development - physically, intellectually, and emotionally. Islamic wisdom views this that if women would start to undertake men’s jobs outside the home, this would ultimately put the burden of her home work on the men and this would constitute the waste of both capabilities, the virtue of women’s noble emotions, and the capability of men’s practical endeavour. In the latter case, the job is the same job, except with swapped roles, and consequently giving the undesirable results. Therefore, it is best for women to do the home work, and for men to do the hard jobs outside.
Marriage from Islam’s viewpoint
Q. What is Islam’s view of marriage?
A. Islam considers marriage permissible, emphasises upon it, commands to it, and encourages early marriages, and that [it is permissible] for the female after the completion of the age of nine with maturity, and after the male’s adulthood, which comes at the age of fifteen, as well as maturity. Islam encourages marriage at that so that they would not fall in indecency.
Q. What is the view of Islam about boys and girl’s mixing during different phases of life?
A. Mixing, in the view of Islam - that is eager about the health of society and its happiness - is not permissible at all, whether it is during recreational times, at swimming pools, at school, at cinemas, factories, social gatherings, clubs, and suchlike. Islam considers that such mixing leads to immorality and corruption, something that the society must be protected against, unless the mixing is with total observance of hijab, protection and chastity, just as their mixing during the pilgrimage of Hajj or other honourable sites.
Q. What are the duties of both spouses in family life, in the view of Islam?
A. The husband must provide for all expenses and satisfy her bodily desire - as prescribed by Islam - and it is the duty of the wife to obey the husband about going out of the house
and on sexual pleasures
. It is not of the duties of women to work around the house, but she is encouraged to do so, in a bid to keep the cooperation and love between them. Islam considers marriage not valid except with the consent of both of them, and made divorce - for social interests - is in the hands of man alone, unless specified otherwise in the marriage contract at the outset, when it will be in the hands of the woman too.
Q. What is the view of Islam about polygamy?
A. It is permissible in Islam to have up to four wives, but on the condition of maintaining justice and/or equality between them. And by this decree Islam solves the problems of unmarried women and widows, for it is known that in societies the number of women is greater than that of men, and if there is no solution for the difference in their number, this means many of the women remain unmarried.
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Author: Ayatullah Seyyed Muhammad Sadiq Shirazi
