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

When Iddah is Initiated for Deceased's Wife?

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

Iddah is observed on the same date at which her husband passed away for four months, but as for the pregnant, it is observed at the date she gives birth. And Allah Knows Best. 

Are phone conversations between the two sexes permissible if for consultation, and within the limits of good manners?

Such act is impermissible since it renders hearts corrupt, and could lead to forbidden attachment. Allah, The Almighty, Says (What means): "and follow not the footsteps of the devil." [Al-Baqarah/68].

My mother inherited a share from my late father`s and brother`s property; however, the inheritance, a piece of land, wasn`t divided amongst the eligible heirs because it was hard to sell. While alive, she used say that she wanted these shares to be distributed amongst the poor and needy. What is the ruling of Sharia on this?

All perfect praise be to Allah, the Lord of the worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.
This is a will, so we have to consider the estate she had left behind. If the piece of land, which she had willed, equals one third and less of her estate, then the will must be executed. But, if it is more than one third, then one third must be executed and the rest of the estate, if the heirs agreed, is to be executed  as part of her will as well. However, if the heirs haven`t approved of that, then what remains, excluding that one third, must be divided amongst them according to the Islamic rules of inheritance. Moreover, we recommend that you pay a visit to the Iftaa` Department to make things clearer for you. And Allah The Almighty Knows Best.

I have a question regarding the deferred portion of the dowry (Mahr)*. Is the wife entitled to it only upon divorce or she can claim it even if divorce hasn`t taken place? Moreover, does she have the right to claim this portion after death of husband, even if he didn`t divorce her before that?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
In the marriage contract, it is recorded that the deferred portion of the dowry is due upon divorce or death, whatever comes first. If divorce took place first then the woman is entitled to it and if the husband died this amount must be paid from his estate. On the other hand, if the woman died then the husband becomes liable for this portion and it becomes part of the woman`s estate. We advise every husband to give this portion to his wife while alive because it is a right of hers. And Allah The Almighty Knows Best.
* In Islam, a Mahr is the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Islamic marriage (payment also has circumstances on when and how to pay). While the mahr is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land. Mahr is typically specified in the marriage contract signed upon marriage.