Articles

Realism of Islamic Legislation
Author : Dr. Hassan Abu_Arqoub
Date Added : 09-03-2016

 

 

Realism of Islamic Legislation and its Different Aspects

 

All perfect praise be to Allah, The Lord of The Worlds; and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

Realism of Islamic legislation means: "Observing the reality present in legislation and addressing its issues." [Introduction to Sharia and Fiqh, pp.110, Al-Qaradawi].

 

In each of its divisions, Islamic legislation is realistic since it is neither imaginary nor idealistic; rather, it copes with the nature of man whom Allah has entrusted with delivering the message of Islam.

 

This realistic nature is among the reasons that drove people to accept Islamic legislation, and it guaranteed its continuity and eligibility for every time and place.

 

The gradual legislation of provisions is one aspect of realism in Islamic legislation, which was revealed while the Arabs were following customs that it didn`t approve of. However, it didn`t ban them from those customs all at once so that they don`t turn away from it; therefore, they were prohibited gradually. This led them to accept this change in custom and behavior and become more inclined to adhere to Sharia without adamancy or hardship, [Introduction to Islamic Fiqh, pp.15, Madkour].

 

For example, wine, which the Arabs adored, was prohibited on gradual basis. The following verse was revealed in Makkah, it states (What means): "And from the fruit of the date-palm and the vine, ye get out wholesome drink and food: behold, in this also is a sign for those who are wise." [An`nahil/67]. As a result, Muslims used to drink it and it was permissible for them to do so.

 

Afterwards, the following verse was revealed, it states (What means): "They ask thee concerning wine and gambling. Say: "In them is great sin, and some profit, for men; but the sin is greater than the profit." [Al-Baqarah/219]. As a result, some drank it, but others didn`t. After that, the following verse was revealed, it Says (What means): "O ye who believe! Approach not prayers with a mind befogged, until ye can understand all that ye say,- " [An-Nisa/43].

 

As a result, the number of drinkers decreased. Finally, the following verse was revealed, declaring that wine is prohibited as it Says (What means): "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?" [Al-Mai`da/90-91].

 

After the revealation of the above verse, Omar Ibn Al-Khattab (May Allah Be Pleased with him) said: "Ooh Allah, sure we abstained." [Mafatih Al-Ghayb vol.6/pp.395].

 

Another aspect of realism in Islamic legislation is lifting religious difficulties because among the principles of legislation is that the responsible Muslim should be capable of performing the religious duties required from him, at first. However, when hardship arises from performing some of these duties, the Lawgiver enjoys the authority to lift them. Allah, The Almighty, Said (What means): "and has imposed no difficulties on you in religion." [Al-Hajj/78].

 

Al-Imam Ashatibi said: "Evidence supporting relieving the Muslim nation from the religious difficulties is conclusive." [Almowafakat Fi Osool Al-Sharia, vol.1/pp.213, Ash-shatibi].

 

Moreover, Islamic legislation draws up general rules for most transactions. For instance, most texts pertaining to the provisions governing different transactions are general, taking into consideration the change in people`s interests due to changes in time and place. However, religious texts (Quran and Sunna) introduced the general rules and left the details to the Ijtihad (Independent reasoning) of the scholars to address any new or sudden issues. For instance, forbidding Riba (Usury), cheating, eating up people`s property unjustly and the like.

 

In conclusion, realism is among the characteristics of Islamic legislation, and it has been manifested in three key aspects: gradualism, mitigation, lifting difficulties in religious duties, and drawing up general rules on various transactions. Being realistic in legislations and rulings (Lawful or unlawful) makes Islamic Sharia a blessing that Allah has bestowed upon Muslims because it aims to lead them to the path of righteousness to win His pleasure and enter paradise; therefore, we should be thankful to Allah and adhere to His Sharia in our word and deed.

 

And All praise be to Allah, The Lord of The Worlds and may His Blessings and Peace be upon our Prophet Mohammad and upon all his family and companions. 

 

هذا المقال يعبر عن رأي كاتبه، ولا يعبر بالضرورة عن رأي دائرة الإفتاء العام

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Summarized Fatawaa

Are dream interpretation books accurate?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Dream interpretation books are unreliable because they are merely expectations, not rulings of Sharia. However, if one sees a dream which one does not like, one should spit on one's left side and seek the refuge of Allah from the satan; it will not do one any harm, and one should not disclose it to anyone. If one sees a good vision, one should feel pleased but should not disclose it to anyone but whom one loves. And Allah The Almighty Knows Best.

What should a worshiper who has forgotten a pillar of prayer do?

If he/she remembered the forgotten pillar before offering it in the following Rakah (unit of prayer), then he/she should offer it, and continue the prayer, then offer Sujood As-Sahw (Prostration of forgetfulness) at the end of it. But, if he/she remembered that forgotten pillar after having offered it in the following Rakah, then he/she should offer a new Rakah in its (the one in which he forgot a pillar) place, and offer Sujood As-Sahw .

What is the Islamic ruling on adoption, and what is the legal window through which a person can be kind to an orphan girl, attend to her needs and raise her as his own?

Kindness to an orphan entails a great reward from Allah, but adoption is prohibited and invalid. Therefore, it is permissible for the aforementioned person(for example) to make his brother`s wife breastfeed that girl so that he becomes her uncle by suckling provided that he informs her that she isn`t his biological daughter.

Is it permissible for a Muslim physician to specialize in gynecology obstetrics, and what is the ruling on working as such?

Some fields of knowledge are an individual duty while others are a collective one, and specializing in gynecology obstetrics is a collective duty. However, if there were female physicians to treat women, then there is no need for a male gynecology obstetrics specialist to look at women`s Awrahs (private parts) except in necessary situations since the jurisprudential maxim says:” Necessity must only be assessed and answered proportionately.” And Allah Knows Best.