WRITTEN BY DR. ABDEL RAHMAN MIHALFFY
Law is not about combats of emotions. It is a sort of regulation of human relations related in a particular place and time. Even law goes thru an evolution and as a result it develops. Finally different schools of jurisprudence are formed. Scholars reevaluate the systems which were followed and they abolish what is outdated and they keep the rest or harmonize it to the actual legal environment.
ATTITUDE RELATED TO LEGAL SYSTEMS MADE BY HUMANS
The source of Islamic Law is the Holy Quran. Sharia means not simply Islamic Law. It means Order of Divine Legitimacy. The words of Quran are unchanged since 1400 years and they are applicable in every age and place. Therefore Quran defines general principles and never specifies them. Doctrines (Aqida) and Sharia represent the two main parts of the Quran. This study deals exclusively with the Sharia.
In order to comprehend the application of Islamic jurisdiction it is inevitable to avoid human made law references. Also canon laws followed by other religions should not have taken as references due to the fact that those have already lost their divine character and have become human made creations. Even in case of Islam the applied law is human made however Islamic scholars deduct regulations from the word of Allah while in case of other religions their Holy Scriptures in their actual form have lost their divine origin. Those laws are human made regulations deducted from human made scriptures. In the course of Islamic deductive analogy Words of Allah are taken as bases (Qiyas). In this case the object of analyses is the way of Prophet (PBUH) what he followed when he converted the words of Quran into practice in his conducts, teachings and judgements. However the Prophet lived 1400 years ago in the Arabian Peninsula so his religious practice regarding Sharia cannot be followed the same way. Therefore Sharia adaptation or harmonization has to be realized in every ages and places. The logic of adaptation and transplantation has firm regulations. The methodology of Deductive Analogy beside the judgement itself puts in focus the intentions behind the judgements.
Ego and Spirit. Deductive Analogy is an objective science but every objectivity can become subjective in the hands of human beings. In secular culture terminologies like body and spirit are clear. In Islam the case is more complicated. Regarding body Islam has the same understanding like western world however spirit means different. In man works two very strong motivation: Ego (Nafs, نفس) and Spirit (Ruh, روح). Ego wants always to prevail in order to subjugate the spirit. Ego is manipulated by Satan while spirit is the gift of God. Ego dies with the body however spirit is reckoned with those sins what was forced on it by ego. Our heart and mind is considered as battlefield of these two. In order to purify our spirit we have to gain victory over our ego by our own free will. The progress of human ego goes thru three phases:
- Ordering ego (nafs al-amara). In this phase our ego has no control at all. It works as an instinct and does what it wants. Desires dominate over mind and spirit
- Blaming ego (nafs al-la’ama). Control comes in operation and man starts to choose between good and bad. In the Christian culture this is the conscience.
- Soul in complete rest and satisfaction (nafs al-mutma’inna). Ego disappears so we call it soul what has found the way to Allah. Spirit is pure and in complete satisfaction.
What are those events which can turn ego against Allah and humanity? Which are the main sins in Islam what can support ego and pollute spirit? What are the factors what one has to avoid in course of legislation and jurisdiction? What are the motives which can drive Deductive Analogy to the wrong direction? In case we can gain victory over the below five main sins our legislative activity, jurisprudence and jurisdiction will pass on the righty way:
- Fitna: temptation, perturbation, intrigue, disruption.
- Nifaq: hypocrisy
- Kufr: denial of God
- Shirk: idolatry, placing a person or ideology at God’s level
- Bughiya: greedy desire in order to acquire worldly issues
The above main sins will be clarified and their legal concern will be explained later.
Sharia is Order of Divine Legitimacy deducted from the word of God therefore it doesn’t accept other law systems made by human. It doesn’t mean that Sharia cannot follow human legislation! In case the laws are made by the legislation of the majority (like in EU countries), Islam supports their application in case those are not violating the basic principles and doctrines of Islam.
Those who hearken to their Lord, and establish regular Prayer; who (conduct) their affairs by mutual Consultation (Shura); who spend out of what We bestow on them for Sustenance. 42:38
In this case Shura means General Assembly or Parliament. Muslims are also under the force of laws taken by these forms of legislations. Even if regulations violate the practice of Islam, Muslims have no right to establish parallel Islamic jurisdiction what may disrupt internal order of a particular region. In this case Muslims have right only for migration so they can leave for places where they can practice Islam freely.
When angels take the souls of those who die in sin against their souls, they say: “In what (plight) Were ye?” They reply: “Weak and oppressed Were we in the earth.” They say: “Was not the earth of Allah spacious enough for you to move yourselves away (From evil)?” Such men will find their abode in Hell,- What an evil refuge! 4:97.
If we accept the fact that Quran is the word of Allah (and this is a basic principle for every Muslim) we have also accept that even the law deducted from the word of God is divine law and it prevails over secular regulations including the burden of human mistakes. This statement is true only in case the deducted regulations from Quran are worked out by following the prescribed methodology and human contaminations are not polluting the law making process as it happens many time.
The Fatiha Sura gives strict instruction for going far from human dimension and for being independent from that level. This is the very first Sura and it is part of every daily prayer:
1. In the name of Allah, Most Gracious, Most Merciful.
2. Praise be to Allah, the Cherisher and Sustainer of the worlds;
3. Most Gracious, Most Merciful;
4. Master of the Day of Judgment.
5. Thee do we worship, and Thine aid we seek.
6. Show us the straight way,
7. The way of those on whom Thou hast bestowed Thy Grace, those whose (portion) (portion) is not wrath, and who go not astray.
The first four verses call for praising God. The fifth is a sort of bargain or deal. In exchange of prayer a divine shelter is the payment. The last two verses describe the obligation of Allah for those who praise Him and move apart from the human context. Their being links them to the entire universe and not to this world only. This is the straight path leading to Him and to the Real Mercy. In order to get this phase one has to leave behind those who deserve the wrath of God. They are those who have willingly not followed the Divine Law or even transliterated them. One also has to leave behind those who changed the Divine law by their foolishness unwillingly and have got astray.
O ye who believe! Obey Allah, and obey the Messenger, and those charged with authority among you. If ye differ in anything among yourselves, refer it to Allah and His Messenger, if ye do believe in Allah and the Last Day: That is best, and most suitable for final determination. 4:59
Putting trust in Allah means putting trust in the words of Quran, the highest quality of Law. If Quran doesn’t give relevant judgement for a particular situation the second step is to analyze the practice of the Prophet (PBUH) when he applied Law of God and transformed it into earthly jurisdiction. If even the second step doesn’t give relevant solution Qiyas comes using deductive analogy. It means that dignities, scholars, faqihs (ulemas of Sharia) conduct deduction based on the existing analogies and come to conclusions related to the actual age and place. This conclusion further represents as main condition of the actual jurisprudence. In order to start deduction of analogies they need Source of Law what represents as the object of deduction. Source of Law is the contemporary Tafsir, explanation of the Holy Quran as basic document of Qiyas. For example commentaries of Quran from the 9th century made in Egypt cannot be activated as basement for decision making process in the 21st century. That was valid only in the 9th century in Egypt in case it was accredited by scholars. This Source of Law could not be valid even in the 12th century in Egypt. These ancient sources of law are suitable only for presenting the way of logic and methodologies what those scholars applied. These methodologies are worth to study but those conclusions and judgements cannot be considered as valid ones. As far as in the modern Europe didn’t exist so far any document what can be considered as source of law it was necessary to work it out:
This source of law sets up the references and commentaries in the Quranic explanations according to the circumstances of Europe in the 21st century. While using the appropriate methodology this explanation is suitable to be as objective for drawing legal conclusions what can be applicable in the 21st century in Europe. I want to add that the same explanation cannot be considered as suitable source of law in far different cultural environment or even it cannot be interpretable there. By using the means of internet it is not necessary to wait for new explanations in every 100 years. Now it is easy to update commentaries and references continuously.
In the Shite Umma instead of Qiyas they follow the institution of Mardja’iya. Mardja’s are specific scholars who have established different schools of thoughts and jurisprudence so practically they are the source of teachings of these schools. Even in their legal deductions and conclusions the existence of contemporary Tafsir, Quranic explanation is inevitable.
Islam has to be discovered in every age both in social and individual level. Traditions are nice indeed, we can study their logic as well, however they are not applicable. Every human adaption what creates tradition is true only in the age when those were in use.
When it is said to them: “Follow what Allah hath revealed:” They say: “Nay! we shall follow the ways of our fathers.” What! even though their fathers Were void of wisdom and guidance? 2:170
This is also a sort of mistake what man and even we Muslims commit. We follow the footsteps of our father or people whom we consider spiritual leader. Quran prescribe to follow the ayas. In Islam man has direct relation with Allah so there is no need to follow traditions and customs. We have to give respect to all who bring us up in our life and support us with knowledge but this al will not allow us to dispense from our own effort to go ahead in this life with open eyes. The ayas transform in us into inspiring power therefore it is inevitable for all of us to immerse in the ayas on our own. Fathers and spiritual leaders can help but as we were born alone and pass away alone they cannot born and die instead of us.
It’s the turn of the previously identified main sins of Islam. Their interpretation is the basement of legislation and jurisdiction. In the Jew-Christian culture the Ten Commandments or Decalogue defines the blameworthy acts which have to be avoided. In the Islamic perception these ten deeds are consequences and not motives. However not the consequences but the motives are worth for abolition. In case the motive is ceased even consequence will not come to be. For example homicide in Islam is not considered as main sin. Killing a human can be carried out with good and bad intention. In case one defends his own family or homeland in expense of a human life it is not sin. However temptation, perturbation, intrigue, disruption or in one word Fitna is main sin because it cannot be committed with good intention. If there is no perturbation, intrigue even consequence like homicide cannot come to happen.
1. FITNA: TEMPTATION, PERTURBATION, INTRIGUE, DISRUPTION
They followed what the evil ones gave out (falsely) against the power of Solomon: the blasphemers Were, not Solomon, but the evil ones, teaching men Magic, and such things as came down at Babylon to the angels Harut and Marut. But neither of these taught anyone (Such things) without saying: “We are only for trial; so do not blaspheme. ” They learned from them the means to sow discord between man and wife. But they could not thus harm anyone except by Allah’s permission. And they learned what harmed them, not what profited them. And they knew that the buyers of (magic) would have no share in the happiness of the Hereafter. And vile was the price for which they did sell their souls, if they but knew! 2:102
Solomon had a power what no other men had, but this power was from God and not what Satans inspired. There is a big difference between belief and magic. People sometime believe in magic as faith but this is blasphemy. Magic can cause blindness of heart and mind. It can extinguish the fire of faith in God and can push people astray from the path. It can generate false images on special skills what humans have but these are tricks and deceptions. Harut and Marut were thwo angels of Babylon. In the old language angel meant also man with good and noble attitude as in the language of today angel can mean a nice lady. Therefore there is a theory what says that Harut and Marut were astrologists who taught people for issues what delighted them. However the two “angels” always gave warning: We are only for trial so do not blaspheme! Don’t lose your faith in God!
And we’ve reached to the problem of all times. People choose magic and leave faith. They believe their eyes and ignore their hearts till it gets blind. They wish a man-made miracle what make them divorce from their wife and make them get new relation with a beautiful new one. These manipulation and deception occupy the place of faith. These phenomenon was common in history and today. New “apostles” in the name of all religions are running up and down committing deception on the expense of our Hereafter.
1. Not only man but even thoughts linked to traditions can be deceptive no matter those were born willingly with bad intention or born by ignorance.
1.1. Traditions are habits followed by human communities. Maybe they are nice and represent part of the local culture, but they cannot be considered as basement for jurisprudence. Law is in permanent progress while traditions are fixed to a particular historical period.
1.2. In the above reference the angels themselves drew attention to the magic as deception and call it Fitna. Anyone who deceive others no matter on behalf of religious or secular institute commits Fitna.
2. Whatever is created by men there is a chance for mistakes or sins. If man makes law he does it out of his interest. As far as law regulates properties, power, heritage, relations between members of society therefore law is definitely stands on the side of people who practice power or possess properties. Whoever deals with secular jurisprudence is under effect of deception which is Fitna. This sort of point of view results confusion in world vision and thinking while Islam prescribes Basira, the vision by heart. Who uses merely his eyes for vision can see only the physical world and is not able to experience what heart can do in case this skill unfolds after practicing it. Heart can see more and in different way like eye. Heart can see even the motives of theft or committing other crime, not the mere physical act like eye does. Therefore human made laws result in many case deceiving conclusions what have not be taken as reference.
And slay them wherever ye catch them, and turn them out from where they have Turned you out; for tumult and oppression are worse than slaughter; but fight them not at the Sacred Mosque, unless they (first) fight you there; but if they fight you, slay them. Such is the reward of those who suppress faith. 2:191
Many people emphasize today the verses in Quran which call for war and introduce Islam as a religion of violence. This is not true. If we take out the text from the context and we don’t know the occasion what caused the revelation to come we go astray. This passage illustrates the events that happened at Hudaybiya in the sixth year of the Hijra. The Muslims by this time were a strong and influential community. Many of them were exiles from Mecca where the Pagans had established an intolerant autocracy, persecuting Muslims, preventing them from visiting their homes, and even keeping them out by force from performing Pilgrimage during the universally recognized period of truce. This was intolerance, oppression and autocracy to the last degree and the mere readiness of the Muslims to enforce their rights as Arab citizens resulted without bloodshed in an agreement. The Pagans however had no scruples in breaking faith.
In general it may be said that Islam is the religion of peace, goodwill and mutual understanding. But it will not acquiesce in wrong-doing and its men will held their lives cheap in defense of honor, justice and the religion which they hold sacred. In this aya and later too, we read the world “Fitna”. The meaning of this word can be summed up as temptation, perturbation and intrigue together. In Islam Fitna is the biggest sin, bigger than murder. If there is no Fitna as internal intention promoting man to commit deeds against others, even realized sin and crime will not occur.
And fight them on until there is no more Tumult (Fitna) or oppression, and there prevail justice and faith in Allah. But if they cease, Let there be no hostility except to those who practise oppression. 2:193
The prohibited month for the prohibited month,- and so for all things prohibited,- there is the law of equality (Qisas). If then any one transgresses the prohibition against you, Transgress ye likewise against him. But fear Allah, and know that Allah is with those who restrain themselves. 2:194
O ye who believe! the law of equality (Qisas) is prescribed to you in cases of murder: the free for the free, the slave for the slave, the woman for the woman. But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude, this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty. 2:178
In the Law of Equality (Qisas) there is (saving of) Life to you, o ye men of understanding; that ye may restrain yourselves. 2:179
Qisas, the law of equity is in force even in war. No more restriction or sanction than the committed act.
The law of equality “Qisas” is supposed to be implemented only for murder case where killing occurred intentionally. For cases where death occurs coincidentally “Qisas” has to be avoided. Forgiving plays central role in Islam as the grant in order to give response for positive act. Positive gestures can establish positive society.
Qisas (law of equality) can save two life plus gives one. If it is implemented properly it frightens the offender to commit the crime and the targeted person will not fall a pray. Two person will stay alive: the potential offender and the potential victim. Plus the society will enjoy life where everybody is secured.
The recompense for an injury is an injury equal thereto (in degree): but if a person forgives and makes reconciliation, his reward is due from Allah. for ((Allah)) loveth not those who do wrong. 42:40
When you stand up for rights, either on private or public grounds, it may be through processes of law, or by way of private defence in so far as the law permits private action. But in all cases you must not seek a compensation greater than the injury suffered. The most you can do is to demand equal redress, i.e., a harm equivalent to the harm done to you. Even this may serve to curb your unregenerate soul, or a community bent on revenge. But the ideal mode is not to slake your thirst for vengeance, but to follow better ways leading to the reform of the offender or his reconciliation. See 41:34, and 23:96.
They ask thee concerning fighting in the Prohibited Month. Say: “Fighting therein is a grave (offence); but graver is it in the sight of Allah to prevent access to the path of Allah, to deny Him, to prevent access to the Sacred Mosque, and drive out its members.” Tumult and oppression (Fitna) are worse than slaughter. Nor will they cease fighting you until they turn you back from your faith if they can. And if any of you Turn back from their faith and die in unbelief, their works will bear no fruit in this life and in the Hereafter; they will be companions of the Fire and will abide therein. 2:217
The month of pilgrimage (Dzhu al-Hijja) was a sacred month in which warfare was prohibited by Arab custom. The month preceding (Dzhu al-Qaada) and the month following (Muharram) were included in the prohibition. If the pagan enemies of Islam broke that custom and made war in the prohibited months the Muslims were free also to break that custom but only to the same extent as the others broke it. Similarly the territory of Mecca was sacred in which war was prohibited. Any convention is useless if one party does not respect is. There must be a law of equality.
He it is Who has sent down to thee the Book: In it are verses basic or fundamental (of established meaning); they are the foundation of the Book: others are allegorical. But those in whose hearts is perversity follow the part thereof that is allegorical, seeking discord, and searching for its hidden meanings, but no one knows its hidden meanings except Allah. And those who are firmly grounded in knowledge say: “We believe in the Book; the whole of it is from our Lord:” and none will grasp the Message except men of understanding. 3:7
Others you will find that wish to gain your confidence as well as that of their people: Every time they are sent back to temptation, they succumb thereto: if they withdraw not from you nor give you (guarantees) of peace besides restraining their hands, seize them and slay them wherever ye get them: In their case We have provided you with a clear argument against them. 4:91
As opposed to the two classes of deserters to whom clemency may be shown, there is a class which is treacherous and dangerous and cannot be left alone. They try to win your confidence, and are all the time in the confidence of the enemy. Every time they get a chance, they succumb to the temptation of double-dealing. The best way of dealing with them is to treat them as open enemies. Keep them not in your midst. If they give you guarantees of peace and do not actually fight against you, well and good. If not, they are deserters actively fighting in the ranks of the enemy. They have openly given you proof, and you can fairly seize and slay them in war as deserters and enemies.
1. The above verses are about Fitna committed by men directly. Murdering can be committed even with good intention but perturbation, intrigue, disruption cannot be achieved with good will. If Fitna was ceased no motive come to be for committing crime. Therefore not only the realized crime has to be analyzed but the motive as well what pushed the person towards the crime. So the Fitna has to be explored as basic demand. Anybody participated in Fitna is considered main criminal, as far as Fitna has to be considered main sin. This principle can be applied even in jurisdiction conducted after war. Not simple soldiers served in frontlines are considered as main criminals for actions committed in different combats but the scenario writers, battle plan makers and commanders have to be judged. This principle should be followed even in the civil jurisdiction.
2. In Islam the measure of sanction has to be equal with the measure of the committed deed. This principle is called Qisas.
And fear tumult or oppression, which affecteth not in particular (only) those of you who do wrong: and know that Allah is strict in punishment. 8:25
This warning against internal discord or tumult was very necessary in the Civil Wars of early Islam, and was never more necessary than it is now. For it affects innocent and guilty alike.
And know ye that your possessions and your progeny are but a trial; and that it is Allah with Whom lies your highest reward. 8:28
A big family-many sons-was considered a source of power and strength: 3:10. Psalms 127:4-5: “As arrows are in the hands of a mighty man, so are the children of thy youth. Happy is the man that hath his quiver full of them; they shall not be ashamed, but they shall speak with the enemies in the gate.” So with property and possessions: they add to a man’s dignity, power, and influence. But both possessions and a large family are a temptation and a trial. They may turn out to be a source of spiritual downfall, if they are mishandled, or if the love of them excludes the love of Allah.
Family or property can be Fitna as well.
1. People are proud of their family and sometime they are ready to commit acts blindly for growing the power of their clan or increasing their influence. When these acts hurt others no matter the sanctity of blood relation, the family has to be considered as Fitna because it was the motive of the crime.
2. Property and wealth can generate sin, too. Many people are tempted to acquire goods with all means.
And fight them on until there is no more tumult or oppression, and there prevail justice and faith in Allah altogether and everywhere; but if they cease, verily Allah doth see all that they do. 8:39
The Unbelievers are protectors, one of another: Unless ye do this, (protect each other), there would be tumult and oppression on earth, and great mischief. 8:73
If they had come out with you, they would not have added to your (strength) but only (made for) disorder, hurrying to and fro in your midst and sowing sedition among you, and there would have been some among you who would have listened to them. But Allah knoweth well those who do wrong. 9:47
Indeed they had plotted sedition before, and upset matters for thee, until,- the Truth arrived, and the Decree of Allah became manifest much to their disgust. 9:48
Every soul shall have a taste of death: and We test you by evil and by good by way of trial. to Us must ye return. 21:35
The soul does not die, but when it separates from the body at the death of the body, the soul gets a taste of death. In our life of probation on this earth, our virtue and faith are tested by many things: some are tested by calamities, and some by the good things of this life. If we prove our true mettle, we pass our probation with success. In any case all must return to Allah, and then will our life be appraised at its true value.
Allah hath purchased of the believers their persons and their goods; for theirs (in return) is the garden (of Paradise): they fight in His cause, and slay and are slain: a promise binding on Him in truth, through the Law, the Gospel, and the Qur’an: and who is more faithful to his covenant than Allah. then rejoice in the bargain which ye have concluded: that is the achievement supreme. 9:111
We offer our whole selves and our possessions to Allah, and Allah gives us Salvation. This is the true doctrine of redemption: and we are taught that this is the doctrine not only of the Quran but of the earlier Revelations, -the original Law of Moses and the original Gospel of Jesus. Any other view of redemption is rejected by Islam, especially that of corrupted Christianity, which thinks that some other person suffered for our sins and we are redeemed by his blood. It is our self-surrender that counts, not other people’s merits. Our complete self-surrender may include fighting for the cause, both spiritual and physical. As regards actual fighting with the sword there has been some difference in theological theories at different times. In the New Testament St. Paul, in commending the worthy fruits of Faith, mentions Gideon. Barak, and other warriors of the Old Testament as his ideals, “Who through faith subdued kingdoms… waxed valiant in fight, turned to flight the armies of the aliens…” Hebrews 11:32-34.
Fitna is present in every level. It is there in individuals, properties, social traditions, deceptions, in fact in laws. What is the solution? Spiritual solution is the practice of faith (Ibadat). Regarding Islamic jurisprudence according to the referred verses not life and not wealth can be considered as property of man. All issues belong to Allah as the earth where one can migrate from one place to another. Life and wealth is a sort of loan deposited at man by Allah in order to expose him to trial in course of lifetime. The right of lender is to set up conditions regarding the good conduct with the deposited loan. No matter what kind of Fitna, trial, intrigue comes, those have no effect if the deal with God works. The deposited body dies but the spirit doesn’t. Spirit has to reckon with the deposited articles.
2. NIFAQ: HYPOCRISY
When the Hypocrites come to thee, they say, “We bear witness that thou art indeed the Messenger of Allah.” Yea, Allah knoweth that thou art indeed His Messenger, and Allah beareth witness that the Hypocrites are indeed liars. 63:1
The hypocrite element, if one exists in any society, is a source of weakness and a danger to its health and its very existence. When the holy Prophet came to Madinah in Hijrah, his arrival was welcome to all the patriotic citizens: it not only united them in common life and healed their old differences, but it brought honour and light to them in the person of the greatest living Prophet. But there were some baser elements filled with envy. Such hopes as they had entertained of attaining power and leadership by playing on the animosities of the factions were now dashed to the ground. They now began to work underground. For fear of the majority they dared not oppose the new growing Brotherhood of Righteousness. They tried to undermine it by intriguing secretly with its enemies and swearing openly its loyalty to the holy Prophet. They were thoroughly unmasked and discredited at the battle of Uhud.
He hath put as a consequence hypocrisy into their hearts, (to last) till the Day, whereon they shall meet Him: because they broke their covenant with Allah, and because they lied (again and again). 9:77
If men are false to their covenants and words, the natural consequence will be hypocrisy to cover their falsehood. Such consequences will last till the Day of Judgment, when they will have to account for their deeds. They may think that they are deceiving men by their hypocrisy, but they cannot deceive Allah, to Whom all their most secret thoughts and plots and doings are known.
There is hypocrisy which can be forgiven and other sort of hypocrisy what is main sin.
1. In the early period of Islam in Mecca practicing faith was persecuted. Part of Muslims therefore didn’t manifest their faith. They lived among pagan Arabs so they pretended to be the same. If they were not doing that they would have put their families and themselves in danger. If rich merchants among them would have declared openly their faith they would have lost their business links and influence. Keeping their position they were able to assist their brothers in Islam and could support the life of the young community. Therefore this kind of hypocrisy can be forgiven.
2. In the later period of Islam in Medina another sort of hypocrisy appeared what could have not been practiced with good will. It was the seed of many other sins. Its motive was also the personal interest what tramples down everything in its way. This sort of hypocrisy is considered as main sin. This hypocrisy resulted at the end of the day breach of agreements, waging wars, treacheries, and caused loss of lives of masses. From legal point of view this sort of hypocrisy can be sanctioned.
The Arabs of the desert are the worst in Unbelief and hypocrisy, and most fitted to be in ignorance of the command which Allah hath sent down to His Messenger. But Allah is All-knowing, All-Wise. 9:97
Some of the desert Arabs look upon their payments as a fine, and watch for disasters for you: on them be the disaster of evil: for Allah is He That heareth and knoweth (all things). 9:98
The payments refer to the regular Charity established by Islam-the obligatory alms. If you look upon them as a fine or a burden, their virtue is lost. If you rejoice that you have there an opportunity of helping the Community to maintain its standards of public assistance and to suppress the unseemly beggary and loathsome importunity whose relief is only governed by motives of getting rid of awkward obstacles on the way, then your outlook is entirely different. You wish for organized and effective efforts to solve the problems of human poverty and misery. In doing so, you get nearer to Allah.
The vanguard (of Islam)- the first of those who forsook (their homes) and of those who gave them aid, and (also) those who follow them in (all) good deeds,- well- pleased is Allah with them, as are they with Him: for them hath He prepared gardens under which rivers flow, to dwell therein for ever: that is the supreme felicity. 9:100
The vanguard of Islam-those in the first rankare those who dare and suffer for the Cause and never flinch. The first historical examples are the Muhajirs and the Ansar. – The Muhajirs-those who forsook their homes in Makkah and migrated to Madinah, the Holy Prophet being among the last to leave the post of danger, are mentioned first. – Then come the Ansar, the Helpers, the citizens of Madinah who invited them, welcomed them, and gave them aid, and who formed the pivot of the new Community. – Then are mentioned all who follow them in good deeds: not only the early heroes and ordinary men and women who had been Companions of the Prophet or had seen him, but men and women in all ages who have lived noble lives. In spite of all their sacrifice and suffering they rejoice in the precious gift of the Good Pleasure of Allah, and their Salvation is the Supreme Felicity which such Good Pleasure gives, symbolized by the Gardens of Heaven.
Note the description of the final accomplishment of the destiny of man. In mathematical science it would be like a letter or formula which would sum up a long course of reasoning. In this very Surah it occurs before in 9:72 and 9:89.
Certain of the desert Arabs round about you are hypocrites, as well as (desert Arabs) among the Medina folk: they are obstinate in hypocrisy: thou knowest them not: We know them: twice shall We punish them: and in addition shall they be sent to a grievous penalty. 9:101
The desert Arabs were not all simple folk. There were cunning hypocrites among them: both among certain tribes encamped round about Madinah and certain others in Madinah itself.
The Hypocrites, men and women, (have an understanding) with each other: They enjoin evil, and forbid what is just, and are close with their hands. They have forgotten Allah. so He hath forgotten them. Verily the Hypocrites are rebellious and perverse. 9:67
And behold! The Hypocrites and those in whose hearts is a disease (even) say: “(Allah) and His Messenger promised us nothing but delusion!” 33:12
Before this year’s mass attack on Madinah the Muslims had successfully reached the Syrian border on the north, and there were hopes of reaching Yemen in the south. The holy Prophet had seen signs of expansion and victory for the Muslims. Now that they were shut in within the Trench on the defensive, the Hypocrites taunted them with having indulged in delusive hopes. But the event showed that the hopes were not delusive.
Truly, if the Hypocrites, and those in whose hearts is a disease, and those who stir up sedition in the City, desist not, We shall certainly stir thee up against them: Then will they not be able to stay in it as thy neighbours for any length of time: 33:60
It was necessary to put down all kinds of unseemly conduct in the Prophet’s City. And here is the wanting in the plainest terms. And the warning had its effect.
The Jewish law was much more severe: see 33:26[/ayat[. That severity is mitigated in Islam. But it is a universal principle that any element which deliberately refuses to obey law and aggressively tries to subvert all order in society, secretly and openly, must be effectively suppressed, for the preservation of the life and health of the general community.
[quran surah=57 ayat=13]
One Day will the Hypocrites- men and women – say to the Believers: “Wait for us! Let us borrow (a Light) from your Light!” It will be said: “Turn ye back to your rear! then seek a Light (where ye can)!” So a wall will be put up betwixt them, with a gate therein. Within it will be Mercy throughout, and without it, all alongside, will be (Wrath and) Punishment! [ayat]57:13
Watchful preparation in Life, and the light of Faith, which reflects the divine Light, are matters of personal Life, and cannot be borrowed from another. So, in Christ’s parable of the Ten Virgins (Matthew 25:1-13), when the foolish ones had let their lamps go out for want of oil, they asked to borrow oil from the wise ones, but the wise ones answered and said, “Not so; … but go ye rather to them that sell, and buy for yourselves”.
The wall will divide the Good from the Evil. But the Gateway in it will show that communication will not be cut off.
1. Hypocrisy is an untruthful manifestation what can cause another stream of lies therefore it is considered as main sin. A lie can be kept alive only if the next day another lie will support it.
2. Behind the hypocrisy stands the will of acquisition. In order to get power, wealth or position people operating in the existing authority have to be manipulated. For manipulation every sort of means and efforts are invested. Spreading slander, subversive activity, machination are all the by-products of hypocrisy. Elimination of these diseases out of the life of society prevents masses of further crimes to come and prevail.
3. KUFR: DENIAL OF GOD
Kufr is not atheism what is a sort of perception where etic and moral can work.
As to those who reject Faith, it is the same to them whether thou warn them or do not warn them; they will not believe. 2:6.)
Allah disdains not to use the similitude of things, lowest as well as highest. Those who believe know that it is truth from their Lord; but those who reject Faith say: “What means Allah by this similitude?” By it He causes many to stray, and many He leads into the right path; but He causes not to stray, except those who forsake (the path),- 2:26
Allah confirms His method to explain and make comprehensible His Guidance. This method is: giving examples and symbols. We can easily go astray if we follow Quranic instructions word by word without being immersed in the meaning behind the parables and examples.
1. Who rejects superiority of God and denies creation and the order what comes from creation he denies the law of God as well. The argumentation of unbelievers will never meet with the argumentation of believers. These two represent two different world where is no hope to come to common platform about interpretation of sin or virtue.
2. Who subjugates the enormous potentials working in nature and universe together with the laws what maintain their operation under his own narrow human thinking, he is a denier and any dispute with him is hopeless. His judgement is deceptive. Not the miracles have to be investigated which were produced by a sort of magic but the reality around. In every cell in the nature there are millions of real miracles which are functioning by real law. These events are not always visible for our eyes. The example in the creation is guidance what we have to understand in order to comprehend our own social world where the similar laws are in function.
3. An unbeliever can never be convinced due to his ego what is not able to tolerate subordination. However subordination is the basement for both the faith and knowledge.
How can ye reject the faith in Allah.- seeing that ye were without life, and He gave you life; then will He cause you to die, and will again bring you to life; and again to Him will ye return. 2:28 .)
Only after the emergence of modern sciences have become clear what this aya means. In the time of Prophet it was impossible to understand it at the same level as today. It is a wonderful description how we creatures are brought to life from lifeless materials. The chemical composition of our bodies are the same as the soil of the earth. An illiterate Prophet and His companions could have no knowledge about that! From this lifeless status He gives us life than He takes our souls away. Passing away from the Earthly life happens at the same time as our arrival to the Hereafter. In the Hereafter another life is waiting for us where we return to Him.
Those who reject Faith,- neither their possessions nor their (numerous) progeny will avail them aught against Allah. They will be companions of the Fire,- dwelling therein (for ever). 3:116.)
O ye who believe! stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for Allah can best protect both. Follow not the lusts (of your hearts), lest ye swerve, and if ye distort (justice) or decline to do justice, verily Allah is well- acquainted with all that ye do. 4:135
Islamic justice is something higher than the formal justice of Roman Law or any other human law. It is even more penetrative than the subtler justice in the speculations of the Greek philosophers. It searches out the innermost motives, because we are to act as in the presence of Allah, to whom all things, acts, and motives are known.
Some people may he inclined to favour the rich, because they expect something from them. Some people may be inclined to favour the poor because they are generally helpless. Partiality in either case is wrong. Be just, without fear of favour. Both the rich and the poor are under Allah’s protection as far as their legitimate interests are concerned, but they cannot expect to be favoured at the expense of others.
O ye who believe! Believe in Allah and His Messenger, and the scripture which He hath sent to His Messenger and the scripture which He sent to those before (him). Any who denieth Allah, His angels, His Books, His Messengers, and the Day of Judgment, hath gone far, far astray. 4:136
This is the clear Statement of the Monotheism. No matter which Book or Prophet, or Angel if one has true belief in them and in Allah and in the Day of Judgement, he has to be considered believers.
1. The Truth is not limited to any follower of any Book. The Truth is Universal and is in force for the entire humanity. As gravity is in force for every living and non-living bodies, nobody can take advantage or disadvantage due to his own speculation or thesis.
2. This principle is true even in our micro-environment. Concerning just, privilege is not granted for anyone in the family. In course of jurisdiction, concerning witness confessions where truth has to be investigated, family and blood relations or kinship has to be disregarded.
Those who deny Allah and His apostles, and (those who) wish to separate Allah from His apostles, saying: “We believe in some but reject others”: And (those who) wish to take a course midway,- 4:150
They are in truth (equally) unbelievers; and we have prepared for unbelievers a humiliating punishment. 4:151
They do blaspheme who say: Allah is one of three in a Trinity: for there is no god except One Allah. If they desist not from their word (of blasphemy), verily a grievous penalty will befall the blasphemers among them. (Al-Maeda, 5:73
Curses were pronounced on those among the Children of Israel who rejected Faith, by the tongue of David and of Jesus the son of Mary: because they disobeyed and persisted in excesses. 5:78
The Psalms of David have several passages of imprecations against the wicked. Psalms 109:17-18; Psalms 78:21-22, “Therefore the Lord heard this and was wroth; so a fire was kindled against Jacob, and anger also came up against Israel; because they believed not in God, and trusted not in His salvation”; Psalms 69:22-28, and Psalms 5:10. Matthew 23:33, “Ye serpents, ye generation of vipers, how can ye escape the damnation of Hell? Also Matthew 12:34.
1. Belief has to be complete otherwise it doesn’t exist. If God reveals a Book with His Law there is no way to reject part of the Book and to accept the other part. God doesn’t give specifications. He gives General Truth for men and they can specify it according to their age and place. However men cannot change the General Thesis. Divine Law has to be accepted without any doubt.
2. Men never see the way how they can serve, in fact they look for a way for domination. In order to get into power men rewrite the Law of God. Scriptures before Quran are good examples for that. Their actual status differs from their original content as nobody has reference about their genuine revelations. Islam accepts all Monotheist teachings and Scriptures based on the principles of Prophet Abraham (Peace on him) and considers blasphemy their falsification.
4. SHIRK: PLACING A PERSON OR IDEOLOGY AT GOD’S LEVEL
Shirk means associating to God anything. It is considered main sin when persons, dictators, human made conceptions, creations and objectified things replace God. This replacement cannot take place with good intention. The motive is to acquire influence and power by manipulated superiority.
They say: “Become Jews or Christians if ye would be guided (To salvation).” Say thou: “Nay! (I would rather) the Religion of Abraham the True, and he joined not gods with Allah.” 2:135
Say: “O People of the Book! come to common terms as between us and you: That we worship none but Allah; that we associate no partners with him; that we erect not, from among ourselves, Lords and patrons other than Allah.” If then they turn back, say ye: “Bear witness that we (at least) are Muslims (bowing to Allah’s Will). 3:64
No matter what religion is concerned if it becomes institutional, man like Pope, Priesthood, Rabbinate (among the Jews it was hereditary also) or Brahman will direct it and God remains behind. The original Islamic teaching calls everybody to leave differences created by men and come to the common terms what we accept as a whole. Why should war start between us based only the men-made manipulations in the name of religion while the essence of the faith is the same? The original Islamic principles are teachings for the unification.
Abraham was not a Jew nor yet a Christian; but he was true in Faith, and bowed his will to Allah’s (Which is Islam), and he joined not gods with Allah. 3:67
Whether Abraham, Ismael and Isaac were Jew or Christian? What a question! Judaism started much later with the mission of Moses. Before Moses there were no concept to refer to as Jewish. House of Israel began with Jacob even after Moses. Who is Jew than? Only those are Jews who consider themselves Jew after the revelations came for Moses or after the establishment of House of Israel. Abraham was born much before Moses in Ur, Chaldea what is in the today Iraq. Based on the human logic every Iraqi can claim him as Iraqi.
They do blaspheme who say: “(Allah) is Christ the son of Mary.” But said Christ: “O Children of Israel! worship Allah, my Lord and your Lord.” Whoever joins other gods with Allah,- Allah will forbid him the garden, and the Fire will be his abode. There will for the wrong-doers be no one to help. 5:72
Matthew 4:10, where Christ rebukes Satan for desiring the worship of other than Allah: John 20:17, where Christ says to Mary Magdalene, “Go unto my brethren, and say unto them, I ascend unto my Father and your Father; and to my God and your God.” Also Luke 18:19, where Christ rebukes a certain ruler for calling him Good Master: “Why callest thou me good? None is good, save One, that is, Allah.” In Mark 12:29 Jesus says: “The first of all the commandments is, Hear 0 Israel; the Lord our God is One Lord.”
Since ancient Egypt clergy played intermediator role between heaven and earthly mortal beings. In order to keep this position they applied mysterious, theatrical means to convince audience about their unique skill as interpreters of the divine phenomenon. Later Judaism and Christianity also suffered from the same activity of some priests. For being credible the clergy itself created the mystic elements. Faith what was taught by Prophets as it is a direct link between humans and their Creator in order to liberate them from the firm dogmas which were manipulated by their previous priesthood. However mankind fell again into the trap of spiritual slavery time to time. God has never accepted that situation therefore Shirk is main sin.
“And behold! ye come to us bare and alone as We created you for the first time: ye have left behind you all (the favours) which We bestowed on you: We see not with you your intercessors whom ye thought to be partners in your affairs: so now all relations between you have been cut off, and your (pet) fancies have left you in the lurch!” 6:94.)
Some of the various ideas connected with “creation” are noted in 2:117. In the matter of creation of man there are various processes. If his body was created out of clay, i.e. earthy matter, there was an earlier process of the creation of such earthy matter. Here the body is left behind, and the soul is being addressed. The soul underwent various processes of fashioning and adapting to its various functions in its various surroundings (32:7-9). But each individual soul, after release from the body, comes back as it was created, with nothing more than it history, “the deeds which it has earned,” which are really a part of it. Any exterior things given to help in its development, “the favours which we bestowed on you,” it must necessarily leave behind, however it may have been proud of them. These exterior things may be material things, e.g. wealth, property, signs of power, influence and pride such as sons, relatives, and friends, etc., or they may be intangible things, like talents, intellect, social gifts, etc.
Persons, conceptions, principles and objects which have got distinguished role while were adored as idols in the earthly life, after death they disappear immediately. In the Hereafter they have no role. Only the spirit reckons in the same state as it arrived to the earthly life. This is the real value and credit of idols.
Say: the things that my Lord hath indeed forbidden are: shameful deeds, whether open or secret; sins and trespasses against truth or reason; assigning of partners to Allah, for which He hath given no authority; and saying things about Allah of which ye have no knowledge. 7:33
The Jews call ‘Uzair a son of Allah, and the Christians call Christ the son of Allah. That is a saying from their mouth; (in this) they but imitate what the unbelievers of old used to say. Allah’s curse be on them: how they are deluded away from the Truth! 9:30.)
In 5:18, I have quoted passages from the Old Testament, showing how freely the expression “sons of Allah” was used by the Jews. A sect of them called ‘Uzair a son of Allah, according to Baidhawl. In Appendix II (Surah 5) I have shown that the constitution of Judaism dates from ‘Uzair (Ezra). The Christians still call Christ the Son of God.
Taking men for gods or sons of Allah was not a new thing. All ancient mythologies have fables of that kind. There was less excuse for such blasphemies after the Prophets of Allah had clearly explained out true relation to Allah than in the times of primitive ignorance and superstition.
They take their priests and their anchorites to be their lords in derogation of Allah, and (they take as their Lord) Christ the son of Mary; yet they were commanded to worship but One Allah. there is no god but He. Praise and glory to Him: (Far is He) from having the partners they associate (with Him). 9:31
Priest worship, and the worship of saints and ascetics is a form of superstition to which men have been prone in all ages. The growth of Jewish superstition is shown in the Talmud, and of Christian superstition in the doctrine of papal infallibility and the worship of saints. The mere idea of a separate order of priesthood to stand between Allah and man and be the exclusive repository of Allah’s secrets is derogatory to the goodness and all-pervading grace of Allah.
It is He Who hath sent His Messenger with guidance and the Religion of Truth, to proclaim it over all religion, even though the Pagans may detest (it). 9:33
Every religion which commends itself widely to human beings and lasts through some space of time has a glimpse of Truth in it. But Islam being the perfect light of Truth is bound to prevail. See also 48:28 and 61:9.
O ye who believe! there are indeed many among the priests and anchorites, who in Falsehood devour the substance of men and hinder (them) from the way of Allah. And there are those who bury gold and silver and spend it not in the way of Allah. announce unto them a most grievous penalty- 9:34
This was strikingly exemplified in the history of Mediaeval Europe. Though the disease is apt to attack all peoples and organizations at all times. Priests got rich by issuing indulgences and dispensations; they made their office a stepping stone to worldly power and possessions.
Say: “I am but a man like yourselves, (but) the inspiration has come to me, that your Allah is one Allah. whoever expects to meet his Lord, let him work righteousness, and, in the worship of his Lord, admit no one as partner. 18:110.)
Righteousness and true respect for Allah; which excludes the worship of anything else, – whether idols, or deified men, – or forces of nature, – or faculties of man, – or Self. These are the criteria of true worship.
It is Allah Who has created you: further, He has provided for your sustenance; then He will cause you to die; and again He will give you life. Are there any of your (false) “Partners” who can do any single one of these things? Glory to Him! and high is He above the partners they attribute (to him)! 30:40
The persons or things or ideas to which we give part-worship, while our whole and exclusive worship is due to Allah, are the “Partners” we set up. Do we owe our existence to them? Do they sustain our being? Can they take our life or give it back to us? Certainly not. Then how foolish of us to give them part-worship!
The same religion has He established for you as that which He enjoined on Noah – the which We have sent by inspiration to thee – and that which We enjoined on Abraham, Moses, and Jesus: Namely, that ye should remain steadfast in religion, and make no divisions therein: to those who worship other things than Allah, hard is the (way) to which thou callest them. Allah chooses to Himself those whom He pleases, and guides to Himself those who turn (to Him). 42:13
Allah’s Religion is the same in essence, whether given, for example, to Noah, Abraham, Moses, or Jesus, or to our holy Prophet. The source of unity is the revelation from Allah. In Islam it is “established” as an institution, and does not remain merely a vague suggestion.
Faith, Duty or Religion, is not a matter to dispute about. The formation of sects is against the very principle of Religion and Unity. What we should strive for is steadfastness in duty and faith, and unity among mankind.
And that He may punish the Hypocrites, men and women, and the Polytheists men and women, who imagine an evil opinion of Allah. On them is a round of Evil: the Wrath of Allah is on them: He has cursed them and got Hell ready for them: and evil is it for a destination. 48:6
Associating partners, rivals to God (Shirk) is forbidden in every Monotheist religions. Shirk has two main groups: 1. Religious, 2. Secular. The purpose is in both cases the acquisition of power while souls are perished and humans are subjugated. Legislation and jurisdiction if serve Shirk have to be considered as sinner.
5. BAGHI: GREEDY DESIRE IN ORDER TO ACQUIRE WORLDLY ISSUES
Baghi is a very strong motive in order to get something. It can be for example desire of a scientist who wants his theory to be dominant over others, or a strong wish to acquire power by any means. Founders of sects and some clergymen were also not free from this main sin. With their bad intention they have polluted what was pure and genuine before.
The Religion before Allah is Islam (submission to His Will): Nor did the People of the Book dissent therefrom except through envy (baghiyan) of each other, after knowledge had come to them. But if any deny the Signs of Allah, Allah is swift in calling to account. 3:19
Don’t misunderstand! According to the Holy Quran Islam means submission to God’s Will and not the phenomenon of our age under title “Islam”. The original meaning is described here. Islam was the concept to unite people under one faith in order to serve Allah’s Universal Plan. Islam meant tolerance and acceptance. Those who follow this concept are Muslims. However we find in our ages a name “Islam” which is segregating, intolerant and violently outcasting all who doesn’t match with the idea of a “leader”. We have to find the original Path of Islam as it was. Today we Muslims suffer from the same disease as Christians did in the Medieval. If we read Quran we shall find the accusations against Jews and Christians of the time of the Prophet as if those were accusations against Muslims of today. The problem is not the Islam. Islam is perfect. We Muslims represent the problem, ourselves.
But when he delivereth them, behold! they transgress (yabghun) insolently through the earth in defiance of right! O mankind! your insolence is against your own souls,- an enjoyment of the life of the present: in the end, to Us is your return, and We shall show you the truth of all that ye did. 10:23
Allah commands justice, the doing of good, and liberality to kith and kin, and He forbids all shameful deeds, and injustice and rebellion (Al-Baghi): He instructs you, that ye may receive admonition. 16:90
If two parties among the Believers fall into a quarrel, make ye peace between them: but if one of them transgresses beyond bounds against the other then fight ye (all) against the one that transgresses (tabghi) until it complies with the command of Allah; but if it complies then make peace between them with justice and be fair: for Allah loves those who are fair (and just). 49:9
Individual quarrels are easier to compose than group quarrels, or, in the modem world, national quarrels. But the collective community of Islam should be supreme over groups or nations. It would be expected to act justly and try to compose the quarrel, for peace is better than fighting. But if one party is determined to be the aggressor, the whole force of the community is brought to bear on it. The essential condition of course is that there should be perfect fairness and justice and respect for the highest principles; for Islam takes account of every just and legitimate interest without separating spiritual from temporal matters. The League of Nations failed because these essentials were absent and today the United Nations fails for the same reason.
If Allah were to enlarge the provision for His Servants, they would indeed transgress (la-baghu) beyond all bounds through the earth; but he sends (it) down in due measure as He pleases. For He is with His Servants Well-acquainted, Watchful. 42:27
It may be objected that all prayers, even of good people, are not answered. The reply is: – that even everyone who is good does not necessarily know what is best for him, for the values in this life are curiously distorted; and – on account of their want of knowledge, if everyone got all he asked for, there would be chaos and confusion, and “transgression beyond bounds through the earth”, for the different interests are so intermingled and balanced that some measure must be observed in granting people’s wishes. This measure is best supplied by the watchful care of Allah and His perfect knowledge of all our real needs.
And those who, when an oppressive wrong (al-baghiyu) is inflicted on them, (are not cowed but) help and defend themselves. 42:39
There are four possible situations that may arise: an individual may have to stand up against an oppressor 1. for his own trampled rights, or 2. for the rights of others within his ken; or 3. a community may have similarly to stand up for its own rights collectively: or 4. for the rights of others.
The blame is only against those who oppress men and wrong-doing and insolently transgress beyond bounds (yabghun) through the land, defying right and justice: for such there will be a penalty grievous. 42:42
Baghi is the manipulation of Satan inside us what directs our attention and desires towards acquisition. If it overgrowths ego invests all means in order to satisfy it. Baghi always goes parallel with desire of acquisition and possession therefore it causes additive sins. Baghi is so dangerous that Islam prescribes to eliminate it inside Muslims even on expense of physical sanctions if it prevails.
1. Men is motivated by two instincts: sustainment of life and instinct of reproduction. Baghi generated from sustenance results accumulation of wealth above need, indomitable thirsts for position, power or influence. If instinct of reproduction transgresses its limits the sexual desires affect normal conduct. Satisfaction of both instincts can drive individual for committing other additional sins.
2. In case Baghi occurs in scientific or religious life it can cause the appearance of dangerous new theories or sects which can push the universal human civilization to crisis.