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Religion and Sharia
Author : Dr. Jadallah Bassam
Date Added : 30-01-2024

Religion and Sharia

 

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

"The Deen/Religion" with a short vowel on the "D" refers to divine rulings that guide humans towards happiness. It is named "Deen" because it is the means by which individuals are rewarded or punished in the afterlife. This concept is vital and significant, influencing human life and remaining an essential societal need. Therefore, countries, institutions, and individuals need to incorporate it into their laws, priorities, and plans. It cannot be ignored, as it is inherent in human nature, a natural disposition created by Allah, and it aligns with sound reasoning and solid evidence. This is particularly true when the religion encompasses a comprehensive legal framework covering various aspects of life, including worship, transactions, and ethics.

 

In the precise sense, scholars like Al-Fakhr al-Razi have defined religion as a "divine constitution that guides people of intellect towards virtues through their praiseworthy choices." This notion is reiterated in various expressions, such as Sharif al-Jurjani's statement: "Religion is a divine constitution that invites people of intellect to accept what is with the Prophet Mohammad, peace be upon him." Similarly, they say, "Religion, in terminology, is a celestial law guiding people of intellect toward virtues in essence, such as the legal rulings revealed to the Prophet Mohammad, peace be upon him." The underlying idea is that religion consists of a set of rulings and teachings from God, which, when pondered upon by those of sound intellect, lead them to recognize their validity and the necessity of adhering to them. The ultimate goal of these rulings is to bring happiness to humanity.

 

Discussions about the concept of religion have arisen in both ancient and contemporary philosophical debates. These discussions have explored the meaning, origin, evolution, and the extent of religion's intertwining with human life. Scholars have debated the comprehensiveness of its rulings, leading to the classification of religion into various types. Philosophers, for example, have described it as civil religion, natural religion, the religion of philosophers, or the religion of the ancients. Some philosophers have even denied the validity of religion altogether, considering it a cause of backwardness. Others have gone so far as to invent, synthesize, or distort religions, viewing religion as a human, earthly creation.

 

Whatever the case may be, our focus in this article is to clarify an important issue from the perspective of the Islamic creed: "The Religion before God is Islam (submission to His Will): " [Al-Emran, 19]. The point emphasized here is that religion in Islam is not a matter of personal desires or whims, nor is it subject to human experiments, societal evaluations, or individual opinions. Rather, it consists of divine judgments and teachings with an absolute source.

 

One of the characteristics of these divine judgments is that they align with reason and do not contradict it. Indeed, those endowed with reason find themselves naturally inclined towards these judgments when they understand them. The result of this inclination is the attainment of goodness for the adherent, leading to complete happiness. This happiness encompasses both the worldly and the hereafter, as emphasized by the Quran. Allah, the Most High, says {What means}: " And those who are blessed shall be in the Garden: They will dwell therein for all the time that the heavens and the earth endure, except as thy Lord willeth: a gift without break." [Hud, 108]. Additionally, it is narrated that the Prophet Muhammad (peace be upon him) supplicated, "...O Allah, I ask You for success in judgment, and [to be] among the martyrs, and to live a life of the fortunate." [Sunan At-Tirmidhi].

 

If we contemplate this concept in its principles and objectives, we find that by adhering to Islam and its teachings, we strive for complete happiness. In the religion of Islam and its laws, there is no conflict between male and female, father and mother, father and son or daughter, ruler and ruled, or between the rich and the poor. There is no contradiction between duties, and no preference is given to any individual over another among the children of Adam. Instead, everyone is equal in the eyes of this upright religion, and dignity is accorded to all based on the fundamental principle. Allah, the Most High, says {What means}: "And We have certainly honored the children of Adam." [Al-Isra, 70].

 

Afterwards, people vary based on what Allah has entrusted them with in terms of abilities, capacities, and readiness to bear the responsibility of the divine commandments. Allah, the Most High, says {What means}: " We did indeed offer the Trust to the Heavens and the Earth and the Mountains; but they refused to undertake it, being afraid thereof: but man undertook it;- He was indeed unjust and foolish;-." [Al-Ahzab, 72]. Moreover, the variation among people is functional, depending on their constitution, nature, and abilities. However, fundamentally, the address is directed to every individual, regardless of differences in classes, colors, nationalities, or races. Whoever does good and carries out the trust as it deserves has done good for themselves, and whoever does evil has wronged themselves.

 

Delving into the concept of religion, as we have mentioned, leads us to the pinnacle of the religious perfection that takes into consideration humanity in the most complete sense. It neither unjustly equates individuals through a forced equality that some advocate, nor neglects them, leaving them adrift without divine guidance. Rather, it strikes a balance, embodying a system filled with wisdom, mercy, and justice, guiding towards goodness.

 

Finally, we must fully understand these realities. Such understanding is sufficient to fortify us against a significant influx of contemporary doubts that may undermine our intellectual and societal security, jeopardizing natural relationships between people and even within oneself. After grasping these principles, we should take a decisive stance on the issue of religion: to adhere to it. As narrated from the Prophet Muhammad (peace be upon him), "None of you believes until his desires conform to what I have brought." We ask Allah for continuous blessings and a good ending. All praise is due to Allah, the Lord of all worlds.

 

 

 

 

 

 

 

 

 

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Summarized Fatawaa

The Jurisprudential Significance of the Ḥadīth: "Whoever says, at the conclusion of the Fajr Prayer, while crossing his legs, before speaking..."
"Whoever says, at the conclusion of the Fajr prayer, while crossing his legs, before speaking: 'Lā ilāha illā Allāh, waḥdahu lā sharīka lah, lahu al-mulku wa lahu al-ḥamdu yuḥyī wa yumītu wa huwa ʿalā kulli shayʾin qadīr' ten times — ten good deeds will be recorded for him, ten bad deeds will be erased from him, he will be raised ten levels, he will spend that day in protection from everything disliked and guarded from the devil, and no sin will be able to befall him on that day except associating partners with Allah" — does this noble ḥadīth apply to the imam, and what is meant by "extraneous speech"?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended for both the imam and those praying behind him to recite, immediately after the final salām, the specific remembrance reported in the sunnah to be said before turning away from one's place of prayer. The imam then leaves his praying spot, and the act of "turning" is fulfilled when the imam faces the congregation — even without physically leaving his spot — by positioning his right side toward them and his left side toward the qiblah, and this applies even while he is engaged in supplication.
Al-ʿAllāmah Ibn Qāsim al-ʿAbbādī states in his Ḥāshiyah ʿalā al-Tuḥfah (Vol.2/P.105): "It is most virtuous for the imam, once he has given the salām, to rise from his place of prayer immediately afterward." He adds that an exception must be made for the remembrances that are specifically required to be recited before he turns away. He then notes, citing Sharḥ al-ʿUbāb: "Yes, an exception to this rising immediately after the salām applies to the Fajr prayer, due to the authentic report that the Prophet ﷺ, when he prayed Fajr, would remain seated until the sun rose." He further cites, from al-Khādim, the ḥadīth concerning one who recites, at the conclusion of the Fajr prayer while still in the position of crossing his leg to rise: "Lā ilāha illā Allāh, waḥdahu lā sharīka lah..." and the rest of the well-known ḥadīth. He comments that this makes explicit that this particular remembrance is to be recited before the worshipper turns his legs to leave, and the same applies to Maghrib and ʿAṣr, as reported in those contexts as well.
What is meant by "speech" in the relevant ḥadīth is extraneous worldly speech that is not called for after the prayer and for which there is no legitimate excuse. The remembrances reported to be recited upon concluding the prayer, however, do not fall under this category of extraneous speech, since they are themselves required by the sharīʿah.
Al-ʿAllāmah ʿAlī al-Shabrāmalsī states in his Ḥāshiyah ʿalā al-Nihāyah (Vol.1/P.551): "If someone greets a person with salām while he is occupied with reciting this remembrance [i.e., 'Lā ilāha illā Allāh...'], should he return the greeting — without this causing him to forfeit the promised reward, since he is engaged in an obligatory matter — or should he delay returning the greeting until he finishes, this being a legitimate excuse for the delay?" He continues: "I say: the more likely view is the former, and the prohibition on speech is to be understood as applying to extraneous speech for which there is no legitimate excuse. Based on this, should the worshipper give precedence to this remembrance ('Lā ilāha illā Allāh...') or to reciting Sūrat al-Ikhlāṣ ('Qul huwa Allāhu aḥad')? This requires consideration, though it is not unlikely that the remembrance takes precedence, given that the Lawgiver urged hastening to it through his words 'while crossing his leg.' This is not considered ordinary speech, since it is not extraneous to what is required after the prayer."
Accordingly, it is recommended for both the imam and those praying behind him to recite this remembrance and to give it precedence over the other remembrances of the prayer, ensuring it is said before they move from their place. And Allah the Almighty knows best.

What is the ruling on ablution without istinja' after sleep?

The sleep of one whose buttocks are not firmly seated on the ground invalidates ablution. Whoever wakes up and wants to pray must perform ablution only. Istinja' is not a condition for the validity of ablution, because it is for removing impurity from the private part. If there is no impurity on the private part, then istinja' is neither obligatory nor recommended. And Allah the Almighty knows best.

My father has debts and asked me to repay them years ago, and I promised him I would do so upon his death — is it permissible for me to go back on my promise given that I am unable to repay them, especially since he refuses to contribute to repayment on the grounds that the debt has become my responsibility by virtue of my promise?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The established principle is that a father's debt is to be repaid from his own wealth, if he possesses sufficient means. As for the promise made by the son to repay it on his father's behalf, fulfilling such a promise is strongly recommended, and breaking it is considerably disliked. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Fulfilling a promise is emphatically recommended, and breaking it is severely disliked. The evidences for this from the Qurʾān and the Sunnah are well known." [Rawḍat al-Ṭālibīn,Vol. 2/P.278] Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, further states: "The reason fulfilling a promise is not obligatory and breaking it is not forbidden is that a promise is in the nature of a gift, and a gift does not become binding except upon receipt." [Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib,Vol. 2/P.487]
Given that the son does not possess the financial means to fulfil his promise to his father, breaking this promise falls beyond his capacity — and Allah does not burden a soul beyond what it can bear. Since the father himself possesses sufficient wealth to settle his own debt, repayment must be made from his own funds. Should he pass away before doing so, the debt is to be settled from his estate. And Allah the Almighty knows best.

What is the ruling of Islamic Law on kissing while fasting?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is prohibitively disliked (makrūh taḥrīman) for a husband to engage in foreplay with or kiss his wife during the daylight hours of Ramaḍān if doing so stirs his desire. If pre-seminal fluid (madhī) is released as a result, the fast is not invalidated; however, if seminal fluid (manī) is released, the fast is broken.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, stated: "It is prohibitively disliked to kiss — whether on the mouth or elsewhere — for one whose desire is stirred, whether man or woman, to the extent that he fears it may lead to intercourse or ejaculation. Embracing, touching, and similar acts without a barrier carry the same ruling as kissing in this regard, because such acts expose the act of worship to being corrupted — and as the two Ṣaḥīḥs record: 'Whoever circles around a protected boundary is liable to fall into it.'"
He further added: "It is preferable for one whose desire is not stirred — even if he is a young man — to refrain from such acts as well, so as to close the door entirely. For he may believe his desire has not been aroused when in fact it has. Moreover, it is Sunnah for the fasting person to abstain from all desires without exception." — Summarised with minor adaptation from [Mughnī al-Muḥtāj]. And Allah the Almighty knows best.

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