Purposes of Islamic Law

[ابوالوليد المسلم]

Purposes of Islamic Law (1/2)

Dr. Munqidh Ben Mahmoud Assaqar



The purpose of the Islamic Law is for humans to achieve happiness in this world and the hereafter, by following the law of adopting the good and neglecting the bad. The Islamic Law does not command anything that is not good for people, and it does not forbid anything that is not bad for them. “They ask thee concerning women's courses. Say: They are a hurt and a pollution: So keep away from women in their courses, and do not approach them until they are clean. But when they have purified themselves, ye may approach them in any manner, time, or place ordained for you by God. For God loves those who turn to Him constantly and He loves those who keep themselves pure and clean.” (Holy Quran, Surah Al-Baqarah, 2: 222).


Islamic Law was made to protect five things (religion, self, mind, offspring, and property), which are the main rights of human in this life.


A. Protection of Religion
Because religion is the main reformer in every aspect of human life, it was normal for laws to protect it, considering it one of human rights and the most important right, by making laws that help to protect it from everything might affect it.


The Quran has mentioned worships that establish faith and protect it in the believer’s hearts. Some are mentally such as thinking and meditating of Allah’s (Subhanahu wa Ta’ala) creation to realize His greatness (Subhanahu wa Ta’ala), and some are physically mentally such as prayers, or physically such as fasting, or financially like almsgiving or charity, or mentally financially such as performing pilgrimage.


To protect faith and religion, Allah (Subhanahu wa Ta’ala) forbade believing in someone else except him, either by belief or by action. He (Subhanahu wa Ta’ala) forbade everything leads to that such as exaggeration of obeying the prophets and the righteous, to believe they are agents between Allah (Subhanahu wa Ta’ala) and his creation, and to believe that good or bad is in anyone else’s hand except Allah (Subhanahu wa Ta’ala).


Allah (Subhanahu wa Ta’ala) obligated the community and the government to protect religion, to ease the means of practicing it. Thus, it must defend it; prevent everything that leads to disobedience and disbelieving, by stopping the guilty and performing the punishments according to the law.


B. Protection of Human Life
Life is Allah’s gift to human, and no one has the right to trespass it, even the person himself; Allah (Subhanahu wa Ta’ala) creates humans and honors them to perform His tasks on earth, and to test their capabilities of performing of worshipping Him (Subhanahu wa Ta’ala).


Islam protected humanity by its laws. It obligates the community to look after the poor and give them the basic needs, shelter, food, drink, clothing and other needs of life. It obligates charity and almsgiving, which come under the law of cooperation and helping one another among individuals and organizations to achieve social solidity in the society.


Islam guarantees a good and noble life for humanity; thus forbidding humiliation, annoyance, and harm. “And those who annoy believing men and women undeservedly, bear (on themselves) a calumny and a glaring sin.” (Holy Quran, Surah Al-Ahzab, 33:58).


Islam considers aggression or assault upon human life as a great crime and one of the seven serious crimes in life, which destroys both religion and life. Prophet Mohammad (sallAllahu ‘alaihi wa sallam), warning Muslims, said, “Avoid the seven great sins.” His companions (sallAllahu ‘alaihi wa sallam) asked, “What are they?” He (sallAllahu ‘alaihi wa sallam) replied, “Joining others with Allah (Subhanahu wa Ta’ala) – in worship or other issues - , magic, killing a person, except by right and fair judgment, earning money by interest, misuse and benefiting from an orphan’s money, running away from the battle, and defamation the faithful pure women, who did nothing wrong.” [1]


Allah (Subhanahu wa Ta’ala) considers the aggression or assault upon one soul as equal to the aggression or assault upon the entire human race. “On that account: We ordained for the Children of Israel that if any one slew a person - unless it be for murder or for spreading mischief in the land - it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people. Then although there came to them Our apostles with clear signs, yet, even after that, many of them continued to commit excesses in the land.” (Holy Quran, Surah Al-Ma'idah, 5:32).


The Holy Quran describes Muslims, who avoid slaying innocent people (which the Holy Quran calls them, the souls that Allah (Subhanahu wa Ta’ala) has made sacred as true Muslim believers. The Holy Quran says, “Those who invoke not, with Allah, any other god, nor slay such life as Allah has made sacred except for just cause, nor commit fornication; and any that does this (not only) meets punishment.” (Holy Quran, Surah Al-Furqan, 25:68)


The Quranic verses continue to warn of attempts on the life of innocent people, and give the wronged person the right to ask for fair and just punishment for his/her opponent. “Nor take life - which Allah has made sacred - except for just cause. And if anyone is slain wrongfully, we have given his heir authority (to demand qisas or to forgive): but let him nor exceed bounds in the matter of taking life; for he is helped (by the Law).” (Holy Quran, Surah Al-Isra', 17:33).


The Islamic Law of Equality is one important warranty that prevents the spreading of crime. The person, who knows that killing another person will definitely lead to his/her own death, will avoid committing such crime; consequently, people will feel safe, live in peace, and enjoy the right of living. The Holy Quran says, “In the Law of Equality there is (saving of) Life to you, o ye men of understanding; that ye may restrain yourselves.” (Holy Quran, Surah Al-Baqarah, 2:179).


To preserve and keep this great principle (protecting the lives of people), the Holy Quran legislates Jihad for the sake of protecting the weak from prosecution and death. “And why should ye not fight in the cause of Allah and of those who, being weak, are ill-treated (and oppressed)? Men, women, and children, whose cry is, "Our Lord! Rescue us from this town, whose people are oppressors; and raise for us from thee one who will protect; and raise for us from the one who will help! Those who believe fight in the cause of Allah, and those who reject Faith Fight in the cause of Evil: So fight ye against the friends of Satan: feeble indeed is the cunning of Satan.” (Holy Quran, Surah An-Nisa’, 4: 75 - 76).


I need to mention here, that the first life that Allah (Subhanahu wa Ta’ala) forbids aggression upon is the person’s own life. The person who commits suicide or harms him/her self will be subject to grave and harsh penalties and punishment. Prophet Mohammad (sallAllahu ‘alaihi wa sallam) said, “Whosoever jump from a mountain, drinks poison (with the intention of killing him/her self) will be in the Hellfire forever. Whosoever kills him/herself with a piece of iron, he will continuously do the same to him/herself in the hereafter, while he/she in the Hellfire and remain forever.”[2]


C. Protection of the Mind
The mind, the ability to reason, and the ability to understand are properties of humanity, which Allah (Subhanahu wa Ta’ala) gives to us and honors us above the other creations. “We have honored the sons of Adam; provided them with transport on land and sea; given them for sustenance things good and pure; and conferred on them special favors, above a great part of our creation.” (Holy Quran, Surah Al-Isra’, 17: 70).


Islam considers the mind entrusted and responsible for religious and secular responsibilities. The mind is the means that leads and guides a person to know the great facts, which Allah (Subhanahu wa Ta’ala) asks us to discover using sound reasoning, and not just blind faith. “Or have they taken for worship (other) gods besides him? Say, "Bring your convincing proof.” (Holy Quran, Surah Al-Anbiya’, 21: 24).


The mind leads anyone, who thinks deeply and reasonably of this universe, to the existence of Allah (Subhanahu wa Ta’ala) and His characteristics. “Behold! In the creation of the heavens and the earth, and the alternation of night and day, there are indeed Signs for men of understanding.” (Holy Quran, Surah Al-‘Imran, 3: 190).


Islam forbids neglecting the mind doing its duties of showing and leading a person to the truth, welfare, and the goodness of his/her life on earth and in the hereafter. Therefore, Allah (Subhanahu wa Ta’ala) forbids magic, sorcery, and any other deeds that affect our mind and prevent it from performing its duties.


Furthermore, Islam forbids alcohol in all its forms and considers it a satanic abomination and deceiving to humans, in which Satan wants to destroy the relationship between the person and his/her Lord (Allah (Subhanahu wa Ta’ala)) by making him/her imbibe alcohol and keep him/her away from prayer and other worship. In addition, Satan, in this way, intends to destroy the social relationships between people.


Allah (Subhanahu wa Ta’ala) says, “O ye who believe! Intoxicants and gambling, (dedication of) stones, and (divination by) arrows, are an abomination,- of Satan's handwork: eschew such (abomination), that ye may prosper. Satan's plan is (but) to excite enmity and hatred between you, with intoxicants and gambling, and hinder you from the remembrance of Allah, and from prayer: will ye not then abstain?” (Holy Quran, Surah Al-Ma’idah, 5: 90 -91).

(Continued)

[1] Narrated by Al Bukhari (2767) and Muslim (89)

[2] Narrated by Al Bukhari (5778) and Muslim (109)

[ابوالوليد المسلم]

Purposes of Islamic Law (2/2)

Dr. Munqidh Ben Mahmoud Assaqar



D. Protection of Progeny
Sexual reproduction is the means that keeps human species in existence, and for that reason, Allah (Subhanahu wa Ta’ala) creates the sexual impulse in both sexes. Allah (Subhanahu wa Ta’ala) calls humans to keep their progeny by forming families through marriage, which Islam considers is the only lawful way of having children and maintaining our species.


Islam encourages marriage and states its rules, restraints, and duties in a perfect social system, which organizes the relationships between the husband and wife and among the family in general. Islam also imposes a number of duties on the parents towards their children, among these are to raise and educate them well, to care for them, to meet their needs, and many other things, which are the requirements of ideal parent-hood.


In addition, Islam forbids aggression on the child by burying him/her alive or by intentional abortion, and considers it a great sin. “Kill not your children for fear of want: We shall provide sustenance for them as well as for you. Verily the killing of them is a great sin.” (Holy Quran, Surah Al-Isra’, 17: 31).


In order to protect the family, Islam forbids adultery, any other shameful deeds, and whatever leads to these deeds; such as the mixing of men and women. “Nor come nigh to adultery: for it is a shameful (deed) and an evil, opening the road (to other evils).” (Holy Quran, Surah Al-Isra’, 17: 32).


In addition, Islam imposes the wearing of a veil for women in front of strange men to avoid seduction and sexual desire, for in Islam; women are precious jewels protected from being trifled with, misuse, and abuse. Allah (Subhanahu wa Ta’ala) says, “O Prophet! Tell thy wives and daughters, and the believing women, that they should cast their outer garments over their persons (when abroad): that is most convenient, that they should be known (as such) and not molested. And Allah is Oft-Forgiving, Most Merciful.” (Holy Quran, Surah Al-Isra’, 17: 59).


E. Protection of Property
Property is the mainstay of life, and Islam considers it as Allah’s (Subhanahu wa Ta’ala), which He makes man a guardian over it, and allows him/her to earn them in lawful ways and use them moderately.


Islam encourages work, production, and earning money and other property by lawful means. “It is He Who has made the earth manageable for you, so traverse ye through its tracts and enjoy of the Sustenance which He furnishes: but unto Him is the Resurrection.” (Holy Quran, Surah Al-Mulk, 67: 15).

In this regard, the Prophet Mohammad (sallAllahu ‘alaihi wa sallam) awakens the Muslims’ desire to work, and considers work as worship that brings the person closer to Allah (Subhanahu wa Ta’ala). He (sallAllahu ‘alaihi wa sallam) said, “No earning is better that what the person earns from his own work, and whatsoever the man spends (in lawful matters) on himself, his wife, his children, his family and his servant is charity.” [1]

Once, the Prophet’s (sallAllahu ‘alaihi wa sallam) companions noticed the activeness and the hardworking of a man, they asked the Prophet (sallAllahu ‘alaihi wa sallam) saying, “We wish that his hard work was for the cause of Allah (Subhanahu wa Ta’ala).” Prophet Mohammad (sallAllahu ‘alaihi wa sallam) replied, “If he did so to care for his children, his old parents, or for himself (In lawful deeds), it is for Allah’s (Subhanahu wa Ta’ala) cause, and if he did so for pride and hypocrisy, then it is for Satan’s cause.” [2]


There are two types of earnings, one is pleasant, and the other is noxious. The pleasant earning is the substance that one earns in lawful ways, such as trading, manufacturing, agriculture, and public and private employment. “O ye who believe, Eat of the good things that We have provided for you, and be grateful to Allah, if it is Him ye worship.” (Holy Quran, Surah Al-Baqarah, 2: 172).


The noxious earning is the property that one earns in exploitive ways, such as lending money with interest, bribes, tricks, and trading in goods that are harmful to humanity. “And do not eat up your property among yourselves for vanities, nor use it as bait for the judges, with intent that ye may eat up wrongfully and knowingly a little of (other) people's property.” (Holy Quran, Surah Al-Baqarah, 2: 188).


In this regard, Islam has a comprehensive principle. Allah (Subhanahu wa Ta’ala) says, “He allows them as lawful what is good (and pure) and prohibits them from what is bad (and impure).” (Holy Quran, Surah Al-A’raf, 7: 157)


Thus, any earning that does not harm the person who earns it or others is a lawful and pleasant, and the remainder of the earnings are noxious and forbidden.


Islam also guides how to spend money correctly. It does not allow one to spend as he/she wishes. Squandering and spending without ******* and Neglecting paying the rights of the poor, are satanic deeds. Allah (Subhanahu wa Ta’ala) says, “And render to the kindred their due rights, as (also) to those in want, and to the wayfarer: But squander not (your wealth) in the manner of a spendthrift. Verily spendthrifts are brothers of the Evil Ones; and the Evil One is to his Lord (himself) ungrateful.” (Holy Quran, Surah Al-Isra’, 17: 26 - 27).


These properties are Allah’s (Subhanahu wa Ta’ala) giving and means that He made us as heirs and guardians to use them for lawful purposes, and the greatest deed among these lawful deeds is to spend and give charity to the poor and the needy. Allah (Subhanahu wa Ta’ala) says, “Give them something yourselves out of the means which Allah has given to you.”(Holy Quran, Surah An-Nur, 24: 33).


“And spend (in charity) out of the (substance) whereof He has made you heirs. For, those of you who believe and spend (in charity),- for them is a great Reward.” (Holy Quran, Surah Al-Hadid, 57: 7).


Islamic Laws and instructions protect these five essentials, which are important human rights. Whomsoever considers and practices them, Allah (Subhanahu wa Ta’ala) will reward him/her with happiness in this life and the hereafter. Whomsoever ignores and turns away from them; will face misery and punishment on the Day of Judgment. “Whosoever follows My Guidance, will not lose his way, nor fall into misery. But whosoever turns away from My Message, verily for him is a life narrowed down, and We shall raise him up blind on the Day of Judgment. He will say: "O my Lord! why hast Thou raised me up blind, while I had sight (before)? (Allah will say): "Thus didst Thou, when Our Signs came unto thee, disregard them: so wilt thou, this day, be disregarded.” (Holy Quran, Surah Ta-Ha, 20: 123 - 126).


[1] Narrated by Ibn Majah (2138)

[2] Narrated by At Tabarani (15619) and approved by Al Albany in Sahih Attargheeb and Tarheeb (1692)