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    Shariah: A Divine Code of Life
    Shariah: A Divine Code of Life
    Shariah: A Divine Code of Life
    Ebook165 pages1 hour

    Shariah: A Divine Code of Life

    By Abdur Rashid Siddiqui

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    About this ebook

  • A short title that aims to introduce the Shariah (Islamic law) to lay readers, particularly Muslims.
  • This book will dispel the misunderstanding that many believe: that shariah law is a threatening, uncivilised code that non-Muslims should fear, rather than a system of laws to help Muslims observe what is in the Qur'an and Hadith, but not at the expense of the rule of law.
  • The chapters explaining the source of the Shariah, and Maqasid al-Shariah (or the objectives of it) are nicely scaffolded, and do not assume a great deal of prior knowledge.
  • Written by an experienced author with multiple works available on the Qur'an.
  • Deals with a number of controversial issues, including: polygamy, jihad, apostasy and homosexuality.
  • A chapter has also been included on how the Shariah can be utilized, personally by Muslims, in non-Muslim countries with different political systems. Explaining the areas where Muslim concern is missplaced, and participation in society is in fact recommended.
    • LanguageEnglish
    PublisherThe Islamic Foundation
    Release dateMay 15, 2018
    ISBN9780860376293
    Shariah: A Divine Code of Life
    Author

    Abdur Rashid Siddiqui

    Abdur Rashid Siddiqui is the author of numerous popular books on Islam, including: Treasures of the Qur'an; Tazkiyah: The Islamic Path of Self-Development; and Qur'anic Keywords: A Reference Guide. He gained an honours degree in Economics and Politics from the University of Bombay and has a law degree from the same university. He completed his postgraduate study in Librarianship in London and was elected an Associate of the Library Association. He worked as an Information Librarian at the University of Leicester from 1966 until his retirement in 1997.

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      Book preview

      Shariah - Abdur Rashid Siddiqui

      Shariah: a Divine Code of Life

      Published by

      THE ISLAMIC FOUNDATION,

      Markfield Conference Centre, Ratby Lane,

      Markfield, Leicestershire LE67 9SY, United Kingdom

      E-mail: [email protected]

      Website: www.islamic-foundation.com

      Quran House, PO Box 30611, Nairobi, Kenya

      PMB 3193, Kano, Nigeria

      Distributed by: Kube Publishing Ltd.

      Tel: +44(01530) 249230, Fax: +44(01530) 249656

      E-mail: [email protected]

      Copyright © The Islamic Foundation 2018/1439 H.

      All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the copyright owner.

      British Library Cataloguing-in-Publication Data

      A catalogue record for this book is available from the British Library

      ISBN: 978-0-86037-624-8 PB

      ISBM: 978-0-86037-629-3 e-Book

      Typeset by: N.A. Qaddoura

      Cover design by: Nasir Cadir

      CONTENTS

      Transliteration Table

      Preface

      Chapter 1: The Shariah: Meaning, Sources and Objectives

      The Meaning of the Shariah

      The Difference Between Din and the Shariah

      The Components of the Shariah

      Tawhid (oneness of God)

      Risalah (Prophethood)

      Al-Akhirah (The Hereafter)

      [Ibadat (Acts of Worship)

      Mu[amalat (Social Transactions)

      The Sources of the Shariah

      The Qur’an

      The Sunnah

      Ijtihad (Independent Juristic Reasoning)

      The Categorisation of Human Actions

      Chapter 2: Maqasid al-Shariah (The Main Objectives of the Shariah)

      A Brief Introduction to Maqasid al-Shariah

      The Contribution of Imam al-Ghazali

      The Contribution of Imam al-Shatibi

      Contemporary Discourses: Extensions and Expansion of the Classical Formulation

      The Islamic Legal Maxims (al-Qawa[id al-Fiqhiyyah)

      Chapter 3: The Shariah’s Guidance for Establishing a Just and Caring Society

      Justice

      Universal Brotherhood

      Sanctity of Life

      Moral Values

      Courtesy and Good Behaviour

      Forgiveness and Pardon

      Welfare of Humanity

      Economic Justice

      Chapter 4: Issues of Concern Regarding the Shariah

      Women

      The Role of Women

      Polygamy

      Hijab

      Punishments

      Categories of Punishments

      Apostasy

      Homosexuality

      Blasphemy

      Jihad

      Terrorism

      Sectarianism

      Theocracy

      CHAPTER 5: The Process of Implementing the Shariah

      The Shariah in Personal Life

      The Shariah’s Enforcement in Society and State

      Examples from the Prophet’s Life (pbuh)

      Development of the Islamic Legal System

      Introduction of the Islamic Legal System

      CHAPTER 6: Fiqh al-Aqalliyyat (Jurisprudence for Minorities)

      Introduction

      The Role and Duties of Muslims

      Social Obligations

      Participation in Political Activities

      Obligations Towards the Wider Ummah

      Chapter 7: Conclusion

      Appendix: The Fundamentals of the Shariah

      Glossary

      Bibliography

      Index

      TRANSLITERATION TABLE

      Arabic Consonants

      With a shaddah, both medial and final consonants are doubled.

      Vowels, diphthongs, etc.

      PREFACE

      This brief presentation is written at the request of my very dear friend Shehzad Ahmed. He kept persuading me, for many years, to write something simple and concise on the Shariah to explain its meaning, scope and operation in practical life, which would also help in understanding and appreciating its value and necessity in the believer’s life. Such an endeavour is also necessary to dispel the negative and damaging coverage of the Shariah in the Western media. Its adverse portrayal spurs abhorrence in non-Muslims and causes embarrassment to some Muslims who lack proper knowledge.

      In Chapter I, I try to address the meaning, components and sources of the Shariah. I also briefly discuss the main objectives of the Shariah as well as the Islamic legal maxims to elucidate the Shariah’s humane, compassionate and benevolent attitude when dealing with human affairs. In the following Chapter, the Shariah’s guidance for establishing a just and caring society is discussed again, highlighting its enlightened and civilising nature. Issues such as the harsh penal punishments, the treatment of women, homosexuality and apostasy and such like topics, that often raise concerns about the Shariah, are dealt with in Chapter III. In the next chapter the process of the Shariah’s implementation in personal life, society and the state are fully discussed. The chapter demonstrates that the whole process of the Shariah’s implementation has to be introduced gradually and willingly, and not by force, even in Muslim countries. This also shows that the call to introduce the Shariah instantly is inappropriate and inconsistent with the Islamic approach. In the concluding chapter, I summarise the Shariah’s characteristics and its universal and holistic approach. The Bibliography will help those who want to pursue further reading on this topic. For those who just want to know what is lawful and what is prohibited in Islam, I recommend Sheikh Yusuf al-Qaradawi’s The Lawful and the Prohibited in Islam. This book comprehensively covers most subjects such as food and drink, work and earning a living, clothing and adornment, marriage and family life as well as recreation and play.

      This book could not have been completed without the help and guidance of my very dear brother, Prof. Khurshid Ahmad, who, despite his heavy commitments, thoroughly read the manuscript and suggested many changes and improvements. He also arranged for me the procurement of several books on Maqasid al-Shariah from Pakistan. Again, at his suggestion, I have included a few more topics as well as a section on the explanation of the fundamentals of the Shariah as an Appendix. This is reproduced from a book by Sardar Sher Alam Khan entitled The Role of the Judiciary and the Objective Resolution published by the Institute of Policy Studies, Islamabad. I thankfully acknowledge the generosity of the Institute for permission to reprint it. I am most grateful to Prof. Khurshid Ahmed for all his support.

      I am also indebted to Prof. Salman Nadvi for reading the manuscript and providing very useful comments and suggestions. I am equally thankful to Prof. Abdur Raheem Kidwai for going through the manuscript and suggesting the inclusion of a few more topics under the section of Issues of Concern Regarding the Shariah. The comments of Shehzad Ahmed and Hasan Ahmed were equally useful, which encouraged me to continue the work. Last but not least, I am profusely indebted to Dr. Anis Ahmad for his critical assessment of the manuscript and suggestions.

      I would be failing in my duty if I didn’t acknowledge the help of the Islamic Foundation Library. I am grateful for the help of Br. Muhammad Sadiq for tracing books and references and Br. Abdul Hayee, the Librarian.

      I praise Allah, the Most Gracious and the Most Merciful, Who gave me the tawfiq to produce this work. I pray that this short introduction will help readers to understand and appreciate Allah’s Mercy in bestowing upon us His blessing by providing guidance through His Shariah.

      Abdur Rashid Siddiqui

      21st August 2017

      18 Dhu al-Qi[dah 1438

      CHAPTER 1

      THE SHARIAH: MEANING, SOURCES AND OBJECTIVES

      The Shariah is one of the most misunderstood, even maligned, Islamic terms. The word conjures up images of the inhuman, primitive and uncivilised practices of whipping criminals, stoning adulterers, chopping off the hands of thieves and confining women within their homes or only allowing them to venture out enshrouded in a burqa , usually black and covering them from head to toe. No wonder that non-Muslims fail to understand why Muslims yearn for the introduction of the Shariah. To some extent, Muslims are to blame for the creation of this confusion. Whenever they call for the establishment of an Islamic state, their first priority is the introduction of the Islamic penal laws. However, one should not forget that the thirteen years that the Prophet spent in Makkah were dedicated to building an Islamic society and imbibing it with Islam’s fundamental tenets of faith. Moreover, during that early period, Allah had not yet sent down all the laws and regulations. But even in Madinah, the laws were prescribed gradually while the penal laws were revealed much later. Thus, the introduction and enforcement of the penal laws right at the beginning is contrary to the religion’s strategy for social change and the spirit of the Prophet’s way. In such a context, there is a need to explain to both Muslims and non-Muslims what the Shariah is exactly and the process of its implementation.

      The Meaning of the Shariah

      Shariah literally means a way or a path and, more specifically, the way to a watering place. In Islamic terminology, after accepting Allah’s din (Religion), the way to be followed, as shown by His guidance and that of His Messenger, is the Shariah. This is the path and source of guidance for humankind and its success in this world and salvation in the Hereafter. This guidance, which is revealed by Allah through His Messenger, covers all aspects of life: beliefs, acts of worship, social transactions and morals. To each among you have We prescribed a Way (Shariah) and a Way of Life (al-Ma’idah 5: 48); Then, We put you on the (right) Way (Shariah): so follow you that (Way) and follow not the desires of those who know not (al-Jathiyah 45: 18); He has prescribed for you the Religion which He has enjoined upon Noah and which was revealed to you (O Muhammad), and which We enjoined upon Abraham and Moses and Jesus, commanding: ‘Establish this din and do not split up regarding it’ (al-Shura 42: 13).

      Thus, the Shariah is a Divinely ordained system to guide mankind straight to the path of righteousness in this world and the acquisition of bliss in the Hereafter. How a person follows the guidance provided in this world will be judged by Allah depending on whether he acted in sincerity and seeking the other world or was he totally immersed in this world. This is the difference between Divine laws and human laws. The latter are only concerned with the interests of this world while the Shariah governs a Muslim’s entire life, from birth to death and even beyond.

      The Difference between Din and the Shariah

      The key difference is that the din (Way of Life) brought by all the earlier messengers before the Prophet Muhammad (peace and blessing be upon him), who was the seal of all prophets and messengers, was, has been and shall always be one and the same. Many Shariahs were revealed;

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