Articles

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

What is the waiting period ('Iddah) for a woman whose husband has passed away, and what is the ruling on her wearing gold?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The waiting period ('Iddah) for a woman whose husband has passed away is four months and ten days for one who is not pregnant. As for a pregnant woman, her waiting period lasts until she gives birth. It is obligatory for her to remain in the marital home, only leaving for a necessity. During this time, it is prohibited (Haram) to display any form of adornment on the body or clothing; this includes wearing kohl, gold, all types of perfume, and dyeing the hair. Likewise, it is prohibited to receive a direct marriage proposal or to marry during this period.
 
It was narrated by Umm 'Atiyyah that the Prophet ﷺ said: 'We were forbidden to mourn for a deceased person for more than three days, except for a husband, for whom the mourning period is four months and ten days. During this time, we were not to use kohl, nor wear perfume, nor wear dyed clothing except for garments made of 'Asb (coarsely dyed yarn). We were, however, granted a concession at the time of purification—when one of us bathed following her menses—to use a small amount of Kust (costus) or Azfar (fragrant substances). We were also forbidden from following funeral processions.' (Narrated by Al-Bukhari). And Allah the Exalted knows best."

What is the ruling on eating from one`s Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Sacrifices (Udhiyah) are categorized into two types: the Vowed Sacrifice (Al-Mandhurah) and the Voluntary Sacrifice (Al-Tatawwu').
1. The Vowed Sacrifice (Al-Mandhurah)
The vowed sacrifice is obligatory due to the person’s specific oath. It is not permissible for the person offering the sacrifice, nor for those they are legally responsible for financially supporting (dependents), to consume any part of its meat or fat. Furthermore, it is not permissible to benefit from its hide, hair, or any other part.
If they do consume any part of it, they are required to give in charity an equivalent amount of meat or its market value [Tuhfat al-Muhtaj, by Ibn Hajar al-Haytami (9/364)].
2. The Voluntary Sacrifice (Al-Tatawwu’)
Regarding the voluntary sacrifice, it is permissible for the one offering it to eat from its meat, distribute it as gifts to the wealthy, and give it as charity to the poor.
The Obligatory Portion: It is mandatory to give at least a small portion of it in charity to the poor; this portion should not be less than approximately half a kilogram of raw meat. And Allah the Almighty knows best.

How should the udhiyah be distributed?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is obligatory to give the poor a portion of the meat from a voluntary sacrifice (Udhiyah al-Tatawwu’), which should not be less than approximately half a kilogram of raw meat. Other parts do not suffice for this obligation, such as the liver, tripe, or intestines.
It is Sunnah for the one offering the sacrifice to divide it into thirds: one-third for himself and his household to eat, one-third to be given as charity to the poor, and one-third to be given as a gift to friends and neighbors, even if they are wealthy. And Allah the Almighty knows best.

What is the ruling on someone who fainted while fasting?

● If a person had the intention to fast from the night but then fainted during the day and regained consciousness before sunset, even for a moment, their fast remains valid.
● However, if they remain unconscious for the entire day, from Fajr until sunset, their fast does not count, and they must make up for that day later.