Sharia Wa Minhaa-Jaa-Islamic Law

Copyright © 2017 by Imam Yahya Shabazz.

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Rev. date: 04/03/2017

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CONTENTS

Chapter 1 Religion In Its Universal Context

Chapter 2 The Five Schools Of Islamic Thought

Chapter 3 The Holy Quran Sharia Wa Minhaa-Jaa (Islamic Law)

Chapter 4 The Spirit And The Letter Of The Law

Chapter 5 Adultery And Fornication

Chapter 6 Racism And Dominance

Chapter 7 The Women

Chapter 8 Guidance

Chapter 9 Fraud

Chapter 10 Trust

Chapter 11 Theft

Chapter 12 Murder

Chapter 13 Marriage And Divorce

Chapter 14 Economic Development

Chapter 15 Education

Chapter 16 Hijab

Chapter 17 The Khalifaa

Chapter 18 Jihad And Prisoners Of War In Al-Islam

Chapter 19 Islamic Extremism

Chapter 20 Apostasy

Chapter 21 Suspicion

A Short Record Of The Works Of Imam Warith Deen Mohammed (RAA)

References

References From Abdullah Yusuf Ali’s Translation Of The Holy Quran

References From KJV Old And New Testament Of The Holy Bible

References From Hadith

DEDICATION

This book is dedicated to the leadership of Imam W. Deen Mohammed, son of the Honorable Elijah Mohammed and Sister Clara Mohammed.

My deepest appreciation goes to Imam Tariq Abdul Mu’Min, resident imam of the Biloxi Islamic Center, Biloxi, Mississippi, for his help in the Arabic translations.

Imam Kareem Hameed of St. Louis, Missouri, who is both a friend and cohost of AM360 on BlogTalkRadio, for being a huge inspiration.

I extend my gratitude to Imam Abdullah Raoul, Imam Michael Sahir, and Imam Hakim Abdullah for their inspiration and support.

Edited by Dr. Madinah Wakil

FOREWORD

W E, AFRICAN AMERICANS, are a new people living in America. Before slavery and our being brought to North America, there were no such people as African Americans living in the new land. We are a new social group in America. G’D has created us again. The African children were emptied of their lives and put into slavery, and G’D restored life to the human vessel, and we became another people, a new people on this pl anet.

Those who study psychology and the development of societies would agree with me because I am speaking with respect for my knowledge as well as respect for science, the science of human life and nature of society.

We are definitely a new people on planet Earth. We didn’t exist before as African Americans. We are new thinkers. We don’t think like Africans, we don’t think like whites, we don’t think like Asians or Arabs. We think like the people we are created to be. Why should the Islamic world be deprived of Islam expressed through a new and innocent vessel, Imam W. Deen Mohammed (r.a.a.)?

CHAPTER 1

Religion in Its Universal Context

T HE FIRST CRITERIA to understanding Sharia or Islamic law is to first have at least a working understanding of Al-Islam and religion in general. There is so much confusion and misunderstanding regarding Sharia, Al-Islam, and religion, which increases the need for clarification. For the term Islamic , while it is universally understood to mean the name of a particular religion or faith, which is true in a sense, the understanding goes much deeper. Islam, in its universal definition, means one who submits to the will of God. This definition exceeds all religious boundaries and includes all creation—animate as well as inanimate objects. The definition will be explained in more detail later in this wri ting.

Sharia or Islamic law should be understood to mean that which guides, not that which punishes. So Sharia or Islamic law and all revealed scripture should be seen as the guidance for human society as the following Quranic verses state. God says to us in the Holy Quran,

Let the people of the Gospel judge by what Allah hath revealed therein. If any do fail to judge by what Allah hath revealed, they are those who rebel. To thee We sent the Scripture in truth, confirming the scripture that came before it, and guarding it in safety: so judge between them by what Allah hath revealed, and follow not their vain desires, diverging from the Truth that hath come to thee. To each among you have we prescribed a law and an open way. If Allah had so willed, He would have made you a single people, but (His plan is) to test you in what He hath given you: so strive as in a race in all virtues. The goal of you all is to Allah. it is He that will show you the truth of the matters in which ye dispute; And this (He commands): Judge thou between them by what Allah hath revealed, and follow not their vain desires, but beware of them lest they beguile thee from any of that (teaching) which Allah hath sent down to thee. And if they turn away, be assured that for some of their crime it is Allah’s purpose to punish them. And truly most men are rebellious. (Holy Quran 5:47–49)

In the above Quranic verse, we can see how scripture—although revealed at different times—has the same concerns, which is to ensure justice for all the people. The word gospel is from the Arabic root word anajil or injili, meaning gospel or evangelical. We see the public teaching of the good news by dedicated Christians as they work at bringing the people to God consciousness, teaching humility for the purpose of recognizing the humanity in all human beings, and acting on that principle.

The Ten Commandments in the Old Testament and the words of Jesus Christ in the New Testament coincide in the parable of the Good Samaritan in biblical scripture (Luke 10:25–27).

And a lawyer stood up and put him to the test, saying: Teacher, what shall I do to inherit eternal life? And He said to him, What is written in the Law? How does it read to you? And he answered, You should love the Lord your God with all your heart, and with all your soul, and with all your strength, and with all your mind; and your neighbor as yourself.

This is known as universal justice, as God’s mercy is universal. The term in the Quranic verse "Confirming the scripture that came before it" tells us that the Holy Quran was revealed to Prophet Mohammad to confirm the law that was already in effect and to clear up any confusion that came as a result of man’s mishandling of scripture.

As Muslims, we believe not only in the Holy Quran but also in all of God’s revelations. And we see the Ten Commandments and the teachings of Christ as guides to humanity. By definition, these scriptures can also be known as Sharia or God’s law that guides humanity to the straight path in order to improve our conduct and help us see one another as human beings.

Many people say they are religious or they use a particular religious label to identify themselves as people of faith. A sincere study of all faiths—such as Buddhism, Taoism, Confucianism, Judaism, Christianity, and Al-Islam—will reveal their primary concern is to develop the human character to reach its highest potential.

The three major religions—Judaism, Christianity, and Al-Islam—are called the Abrahamic faiths because they are known to be monotheists or have the belief in the One God. Their moral codes are similar, and combined, they make up the bulk of the world’s religions. They all believe that Prophet Abraham made a covenant with God to worship only Him, and this was taught through the generations. As a result of this teaching, they believed God would bless Abraham’s seed to multiply as the sands of the sea.

In the above Quranic verse, 5:48, the term Open Way or Minhaa-jaa is from the Arabic root nhj, meaning to enter upon a road, to follow or pursue. More importantly, it means to make clear, to be open, to clarify, to be plain, distinct. In following Allah’s guidance, we should know the letter of the law and the spirit of the law. That is to say that while the letter of the law follows that which is written, its purpose is to provide guidance in a direct manner.

Sometimes in harsh circumstances, the individual finds themselves in situations they can’t control and are forced into survival mode without bringing harm to others. These conditions can include natural disasters, famine, economic disadvantages, etc. I remember reading of one such incident where a mother was forced to take food from a store to feed her children. The officer who apprehended the woman, instead of arresting her, not only took her home but also bought her more groceries for her and her family.

So this spirit of the law is identified as the human spirit and follows a path in our natural human makeup given to us by Allah. It is very clear and distinct in that it understands that God’s mercy is limitless and provides an Open Way while still maintaining the guidance.

The seed of Abraham refers to the faithful, as opposed to hereditary or particular religious dogma, but rather those who believe and have faith in the One God, Creator of all.

In the Holy Quran, we read,

And who turns away from the religion of Abraham but such as debase their souls with folly? Him we chose and rendered pure in this world: and he will be in the Hereafter, in the ranks of the Righteous. Behold! His Lord said to him: Submit: He said: I submit to the Lord and Cherisher of the Universe. And Abraham enjoined upon his sons and so did Jacob; Oh my sons! Allah has chosen the faith for you; then die not except in the state of submission. (Holy Quran 2:130–132)

Here, it is important to understand the definition of faith in its universal sense. Until now, we have been taught to see faith as the label of a particular religion, such as Judaism, Christianity, Islam, etc. The danger in this narrow-minded concept of faith is that we identify one another by our religious labels instead of our humanity. In doing so, we leave ourselves open to exploitation by those who will seek to rule or manipulate us by pitting us, the people of faith, against one another.

Abraham was not a Jew or Christian, but he was upright, bowed his will to Allah’s, and joined not gods with Allah. Without doubt, among men, the nearest of kin to Abraham are those who follow him, as are also this Prophet and those who believe. Allah is the Protector of those who have Faith. (Holy Quran 3:67–68)

Let us now understand the universal definition of faith, which, in the Holy Quran, is from the root word aamana, meaning reliability, trustworthiness, faithfulness, integrity, honesty, confidence, good faith, and trusteeship. These terms eliminate the mystical, intangible ideas we have regarding faith and put the true definition right before us. Not only does this kind of thinking give it more meaning, but it also tells us that our faith is not something that’s separate from us but a part of our own human makeup. Our faith is us, and it is a pathway for all humanity to develop the relationship with God, which, in turn, connects us with one another as human beings.

We have the biblical reference that poses the question, "How can you say you love God whom you’ve never seen, and hate your fellow human who you see every day?" It is when we employ these natural characteristics in our treatment toward one another that we are actually practicing our faith, as opposed to merely an empty statement of declaration of faith. These are all human characteristics given to all humans by Allah. They are all some of the attributes of Allah, which gives a better understanding of the term made in the image of God. It’s a clearer understanding of the upright character of Abraham in the above Quranic verse. This shows submission to God, and it means to live up to these human characteristics as Abraham did.

Further, we find that in Islamic history, Mohammed ibn Abdullah was also known as El-Amin, which is also from the same meaning as faith. It means to be trustworthy, upright, and honest. He was living these attributes before Quranic revelation came to him from God. It was because of living in this human form that Almighty God chose him to give the revelation for the mercy of the world. Allah says of Prophet Mohammed,

That we have indeed in him, a perfect example of conduct for any who hopes in Allah and the Final Day, and who remember Allah much. (Holy Quran 33:21)

In another Quranic verse, God tells Prophet Mohammed to tell the people that he is a man just like other men but that he has maintained his human character as given to him from God, and that same goal is there for us all if we strive to be that. This same guidance is also in those prophets who came before Prophet Mohammed.

To understand this even more in its universal application, the word Islam or Al-Islam means more than merely the name of a religion. Also, the word Muslim means more than merely an adherent to a particular faith. God says to us in His Holy Book,

So set thy face truly to the religion being upright, the nature in which Allah has made mankind: no change in the work wrought by Allah: that is the True Religion, but most among mankind know not. (Holy Quran 30:30)

So the proper understanding for religion is obedience to God. It is humanity in its universal context. Al-Islam is the best expression of those attributes of integrity, faithfulness, and uprightness in the universal sense. This shows the strength of the human character to be a better person because of our own human potential, as opposed to someone having to die to save us from our sins. And a Muslim is that one who performs these high deeds.

When we come to the idea of seeing one another in our humanity, as opposed to race, religious labels, or any of the labels we’ve been branded with by men who want to control other men, we have come closer to creation that God wants us to be. The word Muslim is to be seen not in the traditional sense of a religious label but rather in its universal context, meaning the obedient nature of creation to God, regardless of religious labels.

History tells us that influences came into our religion, and somehow the real message got lost as the influence of Satan infiltrated our faith. As a result, we lost sight of our real purpose in life. God tells us in His Holy Book,

O ye who believe! Enter into Islam whole-heartedly; and follow not the footsteps of the Satan for he is to you an avowed enemy. (Holy Quran 2:208)

So in holding fast to those attributes given to mankind from birth by Allah, we, as human beings, hold one another in the highest regard in spite of religious labels. The term Enter into Islam wholeheartedly means to resist the influences of Satan and come wholly to the obedience of God. To be an avowed enemy to humanity is to say the war for the minds of the masses is perpetual.

The trick of the evil one is to come at the human being through his faith and place contention among us as human beings based on our faiths and other differences we may have. This deadly influence appears in the highest offices of religion, and the worst losers become the common people—the masses who call themselves adherents to their faiths. Those who serve in the high offices of the religious leadership become dupes of the devil, which is nothing more than that evil desire to maintain control over the masses. So mankind contends with one another based on race, religion, culture, and other natural differences. This contention has been the cause of major bloodshed and loss of life.

An example of how religious labels separate us is seen in the performance of our religious rituals, such as Jews praying on Saturday, Christians on Sunday, and Muslims on Friday. As people of faith, we tend to overemphasize these differences and fail to realize the major commonality that we all have, which is praying to the same God, who is the source of all life.

Let us not lose sight of the fact that rituals are very important in religion. We have to realize that rituals are not the religion in its totality, but they indeed point to a bigger obligation that’s designed to advance human life for all. In realizing the purpose of our rituals, we understand that they are designed not to separate us as people of faith but to unite us. Jews and Muslims pray direct to God, whereas Christians use Jesus as a medium between them and God. Some Christians even refer to him as the son of God.

These are differences we have in religious worship, but a brief study of history will show that believers from all faiths have contributed to the advancement of human society, and all efforts of good are from Allah. Study the European Renascence and the reawakening of the sciences and philosophy brought about by Islamic Spain. Study the further advances in astronomy, medicine, botany, agriculture, education, justice, and equality. As a result of this reawakening, works emerged by other men and women such as Galileo, Albert Einstein, Benjamin Franklin, Dr. Charles Drew, Benjamin Banneker, Mary McLeod Bethune, Mother Theresa, Dr. Martin Luther King, and others who have advanced human society, not based on religious labels and rituals, but based on genuine human concerns.

Religious rituals are expressions that have to be seen as sacred symbols that point to bigger and broader meanings in the life of the individual and the community. As a child growing up in the church in Mississippi, I remember having the foot-washing service where we would wash and dry one another’s feet, following the example of what Jesus Christ did in biblical scripture. After the foot-washing service, we would have communion, where we would drink grape juice, which represented the blood of Jesus when he died on the cross. This gesture was part of the symbolic language, which is a driving force behind religion.

The feet are symbolic of the common people or the masses, which were commonly referred to as the foundation or feet of the broader society. As a result of the filthy habits, lifestyles, and influences of those in higher positions of leadership, we were adversely affected. We have to be reminded to keep ourselves clean in terms of decency, self-respect, loyalty, integrity, etc. Our morals have to be kept in check, because when the feet are odorous due to immoral activities, society becomes weak and will soon crumble. But if the common person refuses to bow to the negative influences of the society, remain clean, and climb the ladder of influence in the society, we won’t have to compromise the basic God-given principles, then society is strengthened.

The blood is symbolic of the Word of God, and it serves the same function in terms of our moral makeup and as our physical blood in terms of our physical life. The blood carries away the impurities from the heart and mind of the individual, just as physical blood carries impurities from the body through the bloodstream. Jesus said in Matthew,

It is written, that man does not live by bread alone, but by every word that proceed from the mouth of God. (4:3–4)

Satan tried to tempt Jesus to turn the stones into bread. Stones in religious scripture mean pillars or principles we live by. The bread is the material development from the earth. So Satan is trying to tempt Jesus to sell or compromise his principles for material gain. Again, our principles are a sense of decency, dignity, integrity, loyalty, ethics, and respect. By maintaining these, we develop a sense of God consciousness.

This is the true worship of God that the rituals point to, and we must be aware that Allah has given the human being something that He has not given the rest of creation. That gift from God is intelligence, which is the most precious gift of all, for it is by intelligence that mankind advances human society.

Another component of intelligence is free will. That is to say that God is so good that He gives man the freedom to choose between serving Him and not serving Him. Again, we say to serve God means to maintain the high human attributes that He has given to us all and not some religious labels that we have created for ourselves that do nothing but divide us.

Another element to consider is misguidance in religion. The commercial world has found an opening for the exploitation of the human being and has awakened the nature of greed and deceit within us by appealing to the weaker side of our human makeup. In both Bible and Quranic text, we find the allegorical story of Adam and Eve, where God warns them not to eat of a certain tree or they will run into harm and transgression. In the Quranic text, the word for tree is shajarata, and it means to argue or foster disharmony.

Adam and Eve are symbolic of the different personalities in the individual human makeup. Adam, or the man, represents the willpower; and Eve, or the woman, is the emotional or the weaker side of our human makeup.

Please keep in mind that this is only symbolic language, not from me, but from the writers of scripture. This is how they chose to impart the message to the people in story language. The story of Adam and Eve is played out every day in the lives of the common masses as the commercial world creates the appetite in the human being, enticing them to spend all their hard-earned money, sell drugs, rob, steal, and kill one another to satisfy that thirst in them created by Satan.

Every day, children are kidnapped off the streets or some new type of crime like identity theft comes into the society, and the public has to be put on alert for their protection. Security companies pop up with new gadgets to protect us from ourselves. Pharmaceutical companies manufacture drugs that have so many side effects that they cause more harm to the people than the good they claim to do. People have become so weak in terms of inner strength, or their inner constitution, that they have no willpower even to overcome the simplest form of obstacles.

We need a patch to quit smoking or a psychiatrist to avoid committing suicide because someone is bullying us at school. Politicians have become so corrupt that they sell themselves to immoral groups for gifts and campaign money just to stay in office. It all adds up to people making money off the misery of other people. Money and power have become the gods of this society, and their presence is only due to the absence of ethics, integrity, respect, and loyalty to one another.

Their influence can be mastered, but we must have the willpower. I remember the singing duo Simon and Garfunkel sang this song called The Sound of Silence in the 1960s. A song about how commercialism has taken over the lives of the society to the extent that even those who have been entrusted with leadership have fallen victim to its influences because they have chosen ignorance over right guidance. "Hello darkness my old friend, / I’ve come to talk with you again. / And the people bowed and prayed, / to the neon god they made" (Simon and Garfunkel).

As Muslims, we pride ourselves on saying that man can’t change the scriptures of the Holy Quran as he did with biblical scripture. This is true because so many Muslims commit scripture to memory, and all copies are identical