The Wisdom of Islamic Law

THE WISDOM OF ISLAMIC LAW:
KNOWLEDGE, JUDGMENT, AND PRACTICE IN ISLAMIC SHARIA

Rawaa Mahmoud Hussain
Introduction
Islam is the confidence that requires its followers to pronounce their convictions, follow
the orders of God, and act likewise. Muslims experience different life circumstances and expect
assets to help manually with what is excellent and what one should do. Activity is the focal point
of Islamic principles, and Muslim law specialists centered their consideration on figuring out
activity and practice. Investigation of activity requires an interdisciplinary way to deal with
Islamic regulation and morals to comprehend how these disciplines impact one’s activities and,
what is more, one another. There is a talk about the wellsprings of Islamic regulation and morals,
the motivations behind Islamic law (maqāsid al-sharīah), and lawful adages (maqāsid fiqhiyyah),
all of which guide and impact Muslims in each aspect of day-to-day existence. And there is an
introduction to features of the works of researchers who influenced the maqāsid talk, like Ibn
Ashur, Imam al-Ghazālī, and Imam al-Juwaynī, the outcomes of human activity and inaction for
relational, intrapersonal, and divine-human connections. 1
Islamic Sharia scholars state that divine laws are the revelation of God. The basis for
justifying the disclosure of revealed laws is based on morality. A great Creator created the
universe, and what is in it is one of the requirements of God’s wisdom, mercy, and lordship to
prepare for every creature what it needs and achieve the purpose for which it was created.
Therefore, man, an excellent creature, needs guidance from his Creator, a definition of
relationship to the universe, and the purpose for creation. He also needs to explain the parameters
of life and the rules of behavior in society. The wisdom of Allah does not leave man in vain
without a guide to the straight path or a statement of conduct. And whoever thinks that is a
severe mistake. The Qur’an refers to this truth; clearly, that man will not be left Suda; i.e.,
humans will not be abandoned without being rewarded or punished for the compulsory duties
that their Lord, Allah the Almighty, commanded them to do. (The Qur’an, 75: 36). As Al-Shafi‘i
1
Kamal Abu-Shamsieh, The Application of Maqāsid al-Sharī‘ah, in Islamic Chaplaincy, in David R. Vishanoff,
editor, Islamic Law and Ethics (London, Washington: International Institute of Islamic Thought, 1441 AH/2020 CE),
pp. 78-79. Available from https://iiit.org/wp-content/uploads/Islamic-Law-and-Ethics.pdf
0
and others clarified, the command and the prohibition are nothing but a statement of the methods
of behavior in life and the rules of organization for various human affairs. 2
In his book ‘An Introduction to Islamic Law,’ Hallaq wants to address misguided
judgments about Islamic law, first by summarizing its long history and afterward by showing
what befell it during the most recent two centuries made it what it has become. While it put forth
a valiant effort to separate itself from governmental issues and stay an illustration of law and
order, it has now unexpectedly become a prolific political field and little else as far as law. The
book subsequently endeavors to give the information expected to clarify why any notice of the
Shari‘a today. 3
There are two sources of Shari‘ah, uncovered and taken apart. The told sources are the
Qur’an and the Prophetic (Sunnah) and are viewed as the essential principles of Shari‘ah. The
two different sources are academic taken apart from artistic hypothesis and hermeneutics using
juristic strategies for logical thinking (qiyās) and academic agreement (ijmā‘) in Sunni law. The
local area’s deal was taken on, notwithstanding serious difficulties concerning what such an
agreement implied. The extent of the issues being referred to and the capability of those
consenting. Analogical thinking (qiyās) is a standard insightful strategy for making a juristic
decision (fatwa). It stays a substantial procedure for forming regulations regardless of the rise of
decisions conflicting with Islamic statutes. Qiyās was portrayed as the “equilibrium of the
personalities” since it tries to lay out harmony between two issues in a fair way. Subsequently,
the Qur’an perceived that the errand of individuals is to “look for direction for an Islamic life on
issues where the orders are not expressed or appear to conflict.” In such cases, one would not
4
track down an objective system other than a relationship (qiyas).
The Muslim jurists believe that Muslims consider the application of Islamic Sharia as a
part of the religion and part of their beliefs. They are keen to implement the provisions of Sharia
and call for that writers and scholars. Law in every nation is considered a part of conscience,
2
Dr. Abdul Kareem Zaidan, Al-Madkhal lidirasat Al-Sharia Al-Islamia (Eng. Introduction to the study of Islamic
Law) (Baghdad: Al-Matbaa Al-Arabia, 1386 A.H. – 1966 A.D.), p. 5. For the interpretation of the verse, see Dr.
Muhammad Muhsin Khan, and Dr. Muhammad Taqi-ud-Din Al-Hilali, Interpretation of the Meanings of the Noble
Qur’an (Riyadh: Darussalam, 2011). I want to point out that I relied on the translation of Dr. Khan and Dr. Al-Hilali
in translating the Qur’anic verses during my dissertation, and I tried my best to point out that in the footnotes.
3
Wael B. Hallaq, An Introduction to Islamic Law (Cambridge: Cambridge University Press, 2008).
4
Kamal Abu-Shamsieh, The Application of Maqāsid Al-Sharī‘ah, in Islamic Chaplaincy, p. 79.
1
hopes, and a guarantee of faith and interests. It is also a foundation for its traditions, ideals in
life, and the future. The law written for survival and the nation is satisfied with it is where these
meanings and the like are realized. Islamic law is the only one in which these meanings are
fulfilled for Islamic countries. 5
The Meaning of Sharia: Conception of Islamic Law:
Legislation is “setting down legal rules in texts by the authority that has legislation in the
country, whether an autocratic ruler or a representative body with the head of state standing by.”
6
Islamic Sharia, in terminology, means what God has legislated for His servants of beliefs,
acts of worship, morals, transactions, and systems of life. It refers to various divisions regulating
people’s relationship with their Lord and their relationships with each other to achieve happiness
in this world and the hereafter. Muslim jurists believe God’s law is the right and straightforward
method, protecting humanity from deviation, conflict, evil, impulses, and desires. And Sharia, in
this sense, is primarily what is commended from God Almighty, and His Messengers
communicated it to His servants. However, Muslim jurists also believe that God is the first
legislator, and His rulings are called Sharia. 7
Jurisprudence is the science of practical legal rulings with their evidence. So,
jurisprudence on this is a scientific attribute of a person who is considered a jurist. What is meant
by “rulings” is all the commands and prohibitions that God has legislated for people to organize
their individual and social lives, such as the rulings on prayer, zakat, transactions, family
rulings...etc. 8
Abdul Wahhab Khallaf indicates that Legislation “is the enactment of laws from which
the rulings are known for the taxpayers’ actions, judgments, and accidents.” Islamic laws are of
5
Dr. Abdul Kareem Zaidan, Al-Madkhal lidirasat Al-Sharia Al-Islamia, p. 7.
6
Dr. Abdul Razzaq Al-Sanhouri and Ahmed Ḥishmat Abu Stait, ‘Ausoul Al-Qanoon Ao Al-Madkhal Li Dirāsat Al-
Qanoon (Eng. The Principles of Law or the Introduction to Study the Law) (Cairo: Maṭba‘at Lijnat Al-Ta’lif wa Al-
Tarjamah wa Al-Nashar, 1950), p. 163.
7
Mana‘ Al-Qaṭān, Tārikh Al-Tashri‘ Al-Islami: Al-Tashri‘ wa Al-Fiqh (Eng. History of Islamic Law Legislation and
Jurisprudence) (Riyadh: Maktabat Al-Ma‘rif, 1417 A.H., 1996). p. 13.
8
Abdul Haameed Mahmoud Tahmaz, Al-Fiqh Al-Ḥanafi fi Thawbih Al-Jadid (Eng. Abdul Hamid Mahmoud Ḥanafi
Jurisprudence in its New Shape), second edition (Damascus & Beirut: Dar Al-Qalam & Al-Dar Al-Shamiyyah, 1430
A.H./ 2009 A.D.), Vol.1, p. 9.
2
two types: First, laws enacted by God, Glory be to Him, with Qur’anic verses, inspired and
approved by His Messenger Muhammed, peace be upon him, and these are purely divine
legislation. Second, the laws enacted by the Muslim scholars of the Companions and their
followers and the diligent imams drawn from the texts of Islamic legislation, its spirit, its
rationale, and the sources it guides to. And they are considered divine legislation according to
their reference and citation. It is also regarded as positional legislation considering the diligent
scholars and their efforts in its preparation and deduction. 9
The Sharia law as a source of direction depends on two things: first, the cooperation of
Sharia judges with jurists to introduce Islamic Sharia in a way that restores its modernity so that
its provisions keep pace with the new needs of civil matters. Second, this scientific renaissance
can direct the legislator to lead him to refer to Islamic law to derive from its rulings what is
considered in line with the latest and most refined legal fields. 10
God, Glory be to Him, revealed the Qur’an as a book of doctrine and transactions. it
reached us with (mutawatir). Therefore, there was no doubt about its transmission, revelation, or
contradiction with others. And it remained preserved in the hearts until God decreed for it some
of the trusty worthy people who wrote it in papers and reached us. There is no disagreement
about any of its verses and surahs. This is among the miraculous secrets of its miraculousness.
But the meaning of the Qur’an on the rulings in most matters was general. Likewise, the
evidence of its texts may be definitive, bearing only one interpretation, and it may be speculative
and take more than one interpretation. The Messenger explained the ambiguity and the enigmatic
through God Almighty’s revelation. In many cases, God has approved the actions, words, or
statements of His Prophet. In other cases, God rebuked His Messenger, at times gentle and
severe at different times. For example, the Prophet’s permission, peace be upon him, for some
hypocrites, in the failure to go for the battle to Tabuk. Then the Almighty said: “May God forgive
you; why did you give them permission?” 11
9
Abdul Wahab Khallaf, Khulāṣat Tarikh Al-Tashri‘Al-Islami (Eng. Summary of the history of Islamic law) (Dar Al-
Qalam), p. 7.
10
Al-Sanhouri and Abu Stait, ‘Ausoul Al-Qanoon Ao Al-Madkhal Li Dirāsat Al-Qanoon (Eng. The Principles of
Law or the Introduction to Study the Law), p. 106.
11
Ahmed Fatḥi Bahnasy, Al-Siyāsah Al-Jinā’iyah fi Al-Shari‘ah Al-Islamiyah, 2nd Edition (Cairo: Dar Al-Shorouq,
1988), p. 7.
3
The Qur’an and Wisdom:
The Qur’an refers to wisdom in many chapters and verses. So, for example:
“151. Similarly (to complete My Blessings on you) We have sent among you a
Messenger (Muhammad) of your own, reciting to you Our Verses (the Qur’an) and sanctifying
you, and teaching you the Book (the Qur’an) and the Hikmah (i.e., Sunnah, Islamic laws and
Fiqh – jurisprudence), and teaching you that which you used not to know” (The Qur’an, 2: 151).
“164. Indeed, Allah conferred a great favour on the believers when He sent among them a
Messenger (Muhammad) from among themselves, reciting unto them His Verses (the Qur’an),
and purifying them (from sins by their following him), and instructing them (in) the Book (the
Qur’an) and Al-Hikmah [the wisdom and the Sunnah of the Prophet (i.e., his legal ways,
statements, acts of worship, etc.)], while before that they had been in manifest error” (The
Qur’an, 3: 164).
And the Qur’an says: “231. And when you have divorced women and they have fulfilled
the term of their prescribed period, either take them back on reasonable basis or set them free on
reasonable basis. But do not take them back to hurt them, and whoever does that, then he has
wronged himself. And treat not the Verses (Laws) of Allah as a jest, but remember Allah’s Favors
on you (i.e., Islam), and that which He has sent down to you of the Book (i.e., the Qur’an) and
Al-Hikmah (the Prophet’s Sunnah – legal ways – Islamic jurisprudence, etc.) whereby He
instructs you. And fear Allah, and know that Allah is All-Aware of everything” (The Qur’an, 2:
231).
And the Qur’an says: “251. So they routed them by Allah’s Leave and Dawud (David)
killed Jalut (Goliath), and Allah gave him [Dawud (David)] the kingdom [after the death of Talut
(Saul) and Samuel] and Al-Hikmah (Prophethood), and taught him of that which He willed. And
if Allah did not check one set of people by means of another, the earth would indeed be full of
mischief. But Allah is full of Bounty to the ‘Alamin (mankind, jinns and all that exists)” (The
Qur’an, 2: 251).
4
The Qur’an says: “269. He grants Hikmah to whom He pleases, and he, to whom Hikmah
is granted, is indeed granted abundant good. But none remember (will receive admonition)
except men of understanding.” 12
Muhammad bin Saleh, bin Muhammad Al-Uthaymeen, says in this verse Wisdom may be
instinct; it may be acquired, meaning that a person may gain wisdom and good behavior with
practice and mixing with people what he would not have if he were isolated from people. That is
why the present built-in accusative verb came to permeate all the ways of wisdom, whether God
Almighty gave wisdom or through practice and experiences. However, what comes of wisdom
through training and experience is from God Almighty. Therefore, He chooses the one who
opens the doors of wisdom and goodness. 13
Al-Kāsani, one of the most prominent scholars of the Hanafi school of Islam, emphasized
that there is no knowledge beyond the knowledge of God, and His attributes are more honorable
than the science of jurisprudence, which is the knowledge of the lawful, the forbidden, the ability
of the laws, and the rulings. Allah sent messengers and revealed books because there is no way to
know him by pure intellect without revelation, and God Almighty said: “269. He grants Hikmah
to whom He pleases, and he, to whom Hikmah is granted, is indeed granted abundant good. But
none remember (will receive admonition) except men of understanding.” [The Qur’an, 2: 269].
In religion, one jurist is more severe against Satan than a thousand worshipers. It was narrated
that a man came from Syria to Omar bin Al-Ḳaṭāb, may God be pleased with him, and he said:
“Why did you come here?” He said: “I came to learn the tashahhud,” so Omar cried until his
beard became wet, then said: “By God, I hope that God will never punish you.” 14
And the Qur’an says: “54. Or do they envy men (Muhammad and his followers) for what
Allah has given them of His Bounty? Then We had already given the family of Ibrahim
12
For the interpretation of the verses, Dr. Muhammad Muhsin Khan, and Dr. Muhammad Taqi-ud-Din Al-Hilali,
Interpretation of the Meanings of the Noble Qur’an.
13
Muhammad bin Saleh bin Muhammad Al-Uthaymeen (died: 1421 AH), Tafsir Al-Fatiha Walbaqara (Eng. The
Interpretation of Al-Fatihah and the Cow), first edition (Saudi Arabia: Dar Ibn Al-Jawzi, 1423 AH), Vol. 3, p. 351.
For the interpretation of the verse, Dr. Muhammad Muhsin Khan and Dr. Muhammad Taqi-ud-Din Al-Hilali,
14
Aladdin, Abu Bakr bin Masoud bin Ahmed Al-Kasani Al-Ḥanafi (died: 587 AH), Badayie‘ Al-Sanayie‘ fi Tartib
Al-Sharayie‘ (Eng. Badaa’ al-Sana’i in the order of the laws, Second Edition (Scientific Books House, 1406 A.H. -
1986 A.D.), Vol. 1, p. 2. For the interpretation of the verses, Dr. Muhammad Muhsin Khan and Dr. Muhammad Taqi-
ud-Din Al-Hilali, Interpretation of the Meanings of the Noble Qur’an.
5
(Abraham) the Book and Al-Hikmah (As-Sunnah – Divine Inspiration to those Prophets not
written in the form of a book), and conferred upon them a great kingdom) (The Qur’an, 4: 54).
And the Qur’an says: “110. (Remember) when Allah will say (on the Day of
Resurrection). “O ‘Iesa (Jesus), son of Maryam (Mary)! Remember My Favor to you and to your
mother when I supported you with Ruh-ul-Qudus [Jibrael (Gabriel)] so that you spoke to the
people in the cradle and in maturity; and when I taught you writing, Al-Hikmah (the power of
understanding), the Taurat (Torah) and the Injeel (Gospel); and when you made out of the clay, as
it were, the figure of a bird, by My Permission, and you breathed into it, and it became a bird by
My Permission, and you healed those born blind, and the lepers by My Permission, and when
you brought forth the dead by My Permission; and when I restrained the Children of Israel from
you (when they resolved to kill you) since you came unto them with clear proofs, and the
disbelievers among them said: ‘This is nothing but evident magic’ (The Qur’an, 5: 110).
And the Qur’an says: “125. Invite (mankind, O Muhammad) to the Way of your Lord
(i.e. Islam) with wisdom (i.e. with the Divine Inspiration and the Qur’an) and fair preaching, and
argue with them in a way that is better. Truly, your Lord knows best who has gone astray from
His Path, and He is the Best Aware of those who are guided” (The Qur’an, 16: 125).
And the Qur’an says: “39. This is (part) of Al-Hikmah (wisdom, good manners and high
character, etc.) which your Lord has inspired to you (O Muhammad). And set not up with Allah
any other ilah (god) lest you should be thrown into Hell, blameworthy and rejected, (from
Allah’s Mercy) (The Qur’an, 17: 39).
And the Qur’an says: “12. And indeed We bestowed upon Luqman Al–Hikmah (wisdom
and religious understanding, etc.) saying: “Give thanks to Allah,” and whoever gives thanks, he
gives thanks for (the good of) his own self. And whoever is unthankful, then verily, Allah is All-
Rich (Free of all wants), Worthy of all praise” (The Qur’an, 31: 12).
And the Qur’an says: “2. He it is Who sent among the unlettered ones a Messenger
(Muhammad) from among themselves, reciting to them His Verses, purifying them (from the
filth of disbelief and polytheism), and teaching them the Book (this Qur’an, Islamic laws and
6
Islamic jurisprudence) and Al-Hikmah (As-Sunnah: legal ways, orders, acts of worship, etc. of
15
Prophet Muhammad). And verily, they had been before in manifest error” (The Qur’an, 62: 2).
The Qur’anic Wisdom and Islamic Law:
Muhammad Ali Al-Sayes understands from the fist verse in Surat Al-Nisaa, which says:
“O mankind! Be dutiful to your Lord, Who created you from a single person (Adam), and from
him (Adam) He created his wife [Hawwa (Eve)], and from them both He created many men and
women and fear Allah through Whom you demand your mutual (rights), and (do not cut the
relations of) the wombs (kinship). Surely, Allah is Ever an All-Watcher over you.” (The Qur’an,
4:1), Al-Sayes understands that God commands all accountable to comply with what he
commanded and to avoid what he forbade, related to his rights and servants’ rights. These deals
will be mentioned in the surah after the connection of kinship, caring for the condition of
orphans, justice in marriage, and inheritance. God emphasized the command to righteousness in
a way that compels the addressees to comply. He mentioned His name with the title of Lordship
in addition to the pronoun of the addressees. Describing Himself as their Creator, the principle of
their creation is one soul and then her husband. He spread from the spouse’s many men and
women, all that supports the command. The obligatory compliance is emphasized, for the usage
is ongoing, that the description with which the ruling is attached is a reason that necessitates it
and calls to it. Undoubtedly, what was mentioned indicates compelling power, great grace,
glorious charity, and ability require piety to guard against punishment. Grace calls to it in pursuit
of more, with due gratitude. 16
15
For the interpretation of the verses, Dr. Muhammad Muhsin Khan and Dr. Muhammad Taqi-ud-Din Al-Hilali,
16
Muhammad Ali Al-Sayes, Tafsir Ayat al-Aḥkam (Eng. Interpretation of the Verses of Judgments), edited by Naji
Sweidan (Al-Asriyya Library for Printing and Publishing, 2002), p. 203. For the interpretation of the verse, Dr.
Muhammad Muhsin Khan and Dr. Muhammad Taqi-ud-Din Al-Hilali, Interpretation of the Meanings of the Noble
Qur’an.
7
Punishment in Islamic jurisprudence is personal as it is in modern Western jurisprudence.
It affects the offender and does not transgress him to others, so only the perpetrator is responsible
for the crime. No punishment imposed on one person is set on another. 17
It means that the blood money is instead of the soul or the limb, so it may be against the
soul, as it may be in it without the soul, and there may be much blood money in one soul or less
than it. And the derivation of the blood money from the performance is money paid in exchange
for a return, not money, but the soul. The indemnity is for someone less than the self, and the part
of the blood money is also paid. However, the blood money is a unique name in exchange for the
soul because the people of the language do not dismiss its places for specialization derivation. He
called the soul substitute aql also because they were accustomed to that from camels, so they
used to bring the camels at night to the courtyard of the relatives of the murdered. They
rationalize them so that they become the guardians of the slain. The camels are sensible in their
yard, so they call it intellect. 18
The essential thing that must be known to the noble commissioner and the virtuous one is
what is mentioned in the decree, predestination, wisdom, and reasoning. The basis of the
foundation of charity is the foundation of kingship. Wisdom is the manifestation of praise,
monotheism includes the end of wisdom and the perfection of grace, and no god but God alone
has no partner, for Him the king and His praise. He is over all things, so by destiny and wisdom,
His character and clear law appeared. The Qur’an says: “54. Indeed your Lord is Allah, Who
created the heavens and the earth in Six Days, and then He Istawa (rose over) the Throne (really
in a manner that suits His Majesty). He brings the night as a cover over the day, seeking it
rapidly, and (He created) the sun, the moon, the stars subjected to His Command. Surely, His is
the Creation and Commandment. Blessed be Allah, the Lord of the ‘Alamin (mankind, jinns and
all that exists)!” (The Quran, 7: 54). 19
17
Ahmed Fathi Bahnasi, Al-Diyya fi Al-al-Sharia Al-Islamia, 4th edition (Cairo: Dar Al-Shorouq, 1409 A.H. / 1988
A.D.), p. 11.
18
Ibid., p. 12.
19
Muhammad bin Abi Bakr bin Ayoub bin Saad Shams al-Din Ibn Qayyim al-Jawziyya (deceased: 751 AH), Shifa'
Al-‘Alil fi Masa’il Al-Qada' walqadr walhikmat walt‘aelil (Eng. Healing the Sick in Matters of Fate, Destiny,
Wisdom and Reasoning (Beirut: Dar al-Maarifa,: 1398 AH / 1978 AD), p. 2. For the interpretation of the verse, Dr.
Qur’an.
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God, the Exalted in His praise, revealed to His Prophet Muhammad, peace be upon him,
in His book: “7. It is He Who has sent down to you (Muhammad) the Book (this Qur’an). In it
are Verses that are entirely clear, they are the foundations of the Book [and those are the Verses
of Al-Ahkam (commandments, etc.), Al-Fara’id (obligatory duties) and Al-Hudud (legal laws for
the punishment of thieves, adulterers, etc., and others not entirely clear.)];” (The Qur’an, 3:7),
The Almighty informed us that from his book are clear verses, which he has judged by
interpretation with the wisdom of revelation, that it is the mother of the book, and that from his
book are similar verses. Then He curses those who seek al-mutashabah verses from the Qur’an
similarities, “So as for those in whose hearts there is a deviation (from the truth) they follow that
which is not entirely clear thereof, seeking Al-Fitnah (polytheism and trials, etc.), and seeking for
its hidden meanings, but none knows its hidden meanings save Allah. And those who are firmly
grounded in knowledge say: “We believe in it; the whole of it (clear and unclear Verses) are from
our Lord.” And none receive admonition except men of understanding.” (The Qur’an, 3:7). 20, 21.
The rule of ambiguities is only sought from the decisive verses that God Almighty made
for the book as a source, then from its rulings that He made on the tongue of his Prophet, peace
be upon him, to clarify what was revealed in His book. He commanded to accept that from the
Messenger of God, peace be upon him, in words, as He also commanded that his book be taken
from him as a Qur’an. Allah says: “And whatsoever the Messenger (Muhammad) gives you, take
it, and whatsoever he forbids you, abstain (from it), and fear Allah. Verily, Allah is Severe in
punishment.) (The Qur’an, 59: 7). And Allah says: “64. We sent no Messenger, but to be obeyed
by Allah’s Leave. If they (hypocrites), when they had been unjust to themselves, had come to
you (Muhammad) and begged Allah’s Forgiveness, and the Messenger had begged forgiveness
for them: indeed, they would have found Allah All-Forgiving (One Who accepts repentance),
Most Merciful.” (The Qur’an, 4: 64). And the Qur’an says: “4. And We sent not a Messenger
except with the language of his people, in order that he might make (the Message) clear for them.
20
Abu Jaafar Ahmed bin Muhammad bin Salama bin Abd Al-Malik bin Salamah Al-Azdi Al-Hajri Al-Misri known
as Al-Tahawi (died: 321 AH), Aḥkām Al-Qur’an Al-Karim (Eng. Provisions of the Noble Qur’an), edited by Dr.
Saad Eddin Unal Publisher: Islamic Research Center of the Turkish Religious Endowment, Istanbul Edition: First
Volume 1: 1416 A.H. - 1995 A.D. Volume 2: 1418 A.H. - 1998 A.D.), Vol.1, p. 59.
21
Al-Muḥkam are the “Qur’anic Verses the contents of which are not abrogated. In the Holy Qur’an Allah says, «It is
He Who has sent down to you the Book. In it are verses that are entirely clear, they are the foundations of the Book.
»,” while Al-Mutashabah is “Mutually resembling one another,” Deeb al-Khaḍrawi, Dictionary of Islamic Terms:
Arabic -English/ English- Arabic (Beirut- Damascus: Al-Yamamah), pp. 128, 265. For the interpretation of the
verses, Dr. Muhammad Muhsin Khan and Dr. Muhammad Taqi-ud-Din Al-Hilali, Interpretation of the Meanings of
the Noble Qur’an.
9
Then Allah misleads whom He wills and guides whom He wills. And He is the All-Mighty, the
All-Wise.” (The Qur’an: 14, 4). 22
And the Qur’an says: “164. Indeed, Allah conferred a great favor on the believers when
He sent among them a Messenger (Muhammad) from among themselves, reciting unto them His
Verses (the Qur’an), and purifying them (from sins by their following him), and instructing them
(in) the Book (the Qur’an) and Al-Hikmah [the wisdom and the Sunnah of the Prophet (i.e. his
legal ways, statements, acts of worship, etc.)], while before that they had been in manifest error”
(The Qur’an, 3: 164).
And the Qur’an says: “113. Had not the Grace of Allah and His Mercy been upon you (O
Muhammad), a party of them would certainly have made a decision to mislead you, but (in fact)
they mislead none except their own selves, and no harm can they do to you in the least. Allah has
sent down to you the Book (The Qur’an), and Al-Hikmah (Islamic laws, knowledge of legal and
illegal things i.e., the Prophet’s Sunnah – legal ways), and taught you that which you knew not.
And Ever Great is the Grace of Allah unto you (O Muhammad)” (The Qur’an, 4: 113). 23
However, the inability of minds to comprehend the reality of some of the provisions of
this religion does not harm it in anything, let alone make it unsuitable for the politics of society.
No, because Islamic legislation is divine law obliged by the Creator of man, and He is more
knowledgeable of the man true interests than himself. The human mind; no matter how sublime,
it will not reach anything without the comprehensive knowledge of God as the Qur’an declares
in other than a verse. Allah says: “He (Allah) said: “I know that which you do not know.” (The
Qur’an, 2: 30). And Allah says: “85. And they ask you (O Muhammad) concerning the Ruh (the
Spirit); Say: “The Ruh (the Spirit): it is one of the things, the knowledge of which is only with
my Lord. And of knowledge, you (mankind) have been given only a little” (The Qur’an, 17: 85).
24
22
Al-Tahawi, Aḥkām al-Qur’an Al-Karim, Vol. 1, pp. 59 – 60. For the interpretation of the verses, Dr. Muhammad
Muhsin Khan and Dr. Muhammad Taqi-ud-Din Al-Hilali, Interpretation of the Meanings of the Noble Qur’an.
23
24
Sheikh Dr. Muhammad Muṣtafa Shalabi, Al-Fiqh Al-Islami baina Al-Mithaliyaa wa Al-Waqiyyah (Eng. Islamic
Jurisprudence between Idealism and Realism) (Cairo: Al-Dar al-Jamiyyah, 1982), pp. 62 – 63. For the interpretation
of the verse, Dr. Muhammad Muhsin Khan and Dr. Muhammad Taqi-ud-Din Al-Hilali, Interpretation of the
Meanings of the Noble Qur’an.
10
Islamic jurisprudence is divine legislation, which rulings are linked to belief and faith in
God. Allah says: “13. These are the limits (set by) Allah (or ordainments as regards laws of
inheritance), and whosoever obeys Allah and His Messenger (Muhammad) will be admitted to
Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great
success. 14. And whosoever disobeys Allah and His Messenger (Muhammad), and transgresses
His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful
torment. (The Qur’an, 4: 13- 14). 25
The strength of religiousness obliges believers to respect all legal rulings. This respect
motivates them to fulfill the rights it urges, even if they are far from the judiciary’s reach, given
that their origin is from God, who knows their secrets. The religious character makes the believer
a judgment against himself and prevents him from violating the rights of others when the means
of proof are lost, or he is far from the eye of the judiciary. This can be understood from the
following hadith: Narrated Umm Salama, may Allah be pleased with her, Once Allah’s
Messenger said, “You people present your cases to me, and some of you may be more eloquent
and persuasive in presenting your arguments. So, if I give someone’s right to another (wrongly)
because of the latter’s (tricky) presentation of the case, I am giving him a piece of fire, so he
should not take it. 26
The Noble Qur’an, the word of God Almighty, represents the first source of Islamic law
since the mission of the Messenger of God, peace be upon him, until today. During this date,
scholars of Islamic law relied on the wise Qur’an as the first source of Islamic law.
The Qur’an is the first book of Islamic wisdom because al-Hakim, i.e., The All-Wise,
which is one of the names of God, was the one who revealed it, and al-Hakim is one of the
names of the Qur’an too. Therefore, the wise Qur’an includes many verses that have the word
wisdom in various Qur’anic contexts.
Therefore, there is a close accord between the wisdom of the Noble Qur’an and the
wisdom of Islamic law. This has essentially affected the way scholars of Islamic law think about
issuing legal rulings and legal theories in general.
25
Sheikh Dr. Muhammad Muṣtafa Shalabi, Al-Fiqh Al-Islamic baina Al-Mithaliyaa wa Al-Waqiyyah, pp. 65 – 66.
26
Sahih al-Bukhari, Vol. 3, pp. 52 – 53.
11
The Meaning of Sharīʿah in the Western Ideas
Coulson and Shamsy indicate that Sharīʿah, likewise spelled Sharia, the strict central idea
of Islam, particularly its law. The strict law of Islam is viewed as the declaration of God’s order
for Muslims and, in the application, establishes an arrangement of obligations that are occupant
upon all Muslims by the excellence of their strict conviction. Known as the Sharīʿah (in a real
sense, “the way prompting the watering place”), the law addresses a supernaturally appointed
way of leading that guides Muslims toward a helpful articulation of strict conviction in this
world and the objective of heavenly blessing on the planet to come. 27
Wajahat Ali and Matthew Duss say, “Sharia is overwhelmingly concerned with personal
religious observances such as prayer and fasting, and not with national laws.” 28
Simon Perfect asks what is shari'a? 'Shari'a' can be perceived as God’s will for humanity.
'Fiqh' is the group of laws created by researchers attempting to comprehend that will. As fiqh is
the consequence of human understanding, it is perceived as frail. Perfect also asks what its
essential sources are. The fundamental wellsprings of shari'a are the Qur’an and the Sunnah of
the Prophet Muhammad). There is a scope of different standards. Muslim researchers used to
work out how God wants Muslims to live. 29
In the traditional structure, the Sharīʿah contrasts Western law frameworks in two chief
regards. In any case, the extent of the Sharīʿah is much more extensive since it controls the
singular’s relationship not just with neighbors and with the state, which is the restriction of most
other general sets of laws, yet in addition with God and with the person’s own heart. Ceremonial
practices—like the everyday petitions (ṣalāt), almsgiving (zakāt), fasting (ṣawm), and journey
(hajj)— are an essential piece of Sharīʿah law and, as a rule, involve the first sections in quite a
27
Coulson, Noel James and Shamsy, Ahmed El. "Sharīʿah". Encyclopedia Britannica, 24 Jan. 2021,
https://www.britannica.com/topic/Shariah. Accessed 2 December 2021.
28
Wajahat Ali and Matthew Duss, Understanding Sharia Law: Conservatives’ Skewed Interpretation Needs
Debunking,” Center for American Progress, March 2011, from
https://www.americanprogress.org/article/understanding-sharia-law/
29
Simon Perfect, ‘Sharia law: What it is, what it isn’t, and why you should know,’ in Theos (25 February 2019),
from https://www.theosthinktank.co.uk/in-the-news/2019/02/25/sharia-law-what-it-is-what-it-isnt-and-why-you-
should-know
12
while. The Sharīʿah is concerned with moral norms and legal principles, demonstrating what an
individual is qualified or destined to do in law and what one should do or abstain from doing in
an inner voice. Appropriately, specific demonstrations are named admirable (mandūb), which
implies that their exhibition brings divine blessing and oversight of divine disapproval, and
others as culpable (makrūh), which has the contrary ramifications. The Sharīʿah is, in this way,
not just an arrangement of law but a thorough code of conduct that accepts private and public
exercises. 30
Christopher van der Krogt demonstrates that the Qur’an and the sunnah are the sources of
the Sharia. Muslim researchers have created strategies, such as analogical thinking, to manage
circumstances not straightforwardly clarified. For instance, since the Qur’an restricts wine,
spirits not known in Muhammad’s time should likewise be disallowed. One more significant
standard for applying the Sharia is maslaha, which most advantages the local area. Islamic law is,
in principle, very far-reaching. Usually, there are remedies regarding when and how to supplicate
quickly. Be that as it may, the Sharia likewise remembers rules for marriage, separation, legacy,
trade, misdeeds, war, global relations, and government. Therefore, Muslims have customarily
concurred that an Islamic culture should be administered steadily with the Sharia. 31
However, Raficq S. Abdulla and Mohamed M. Keshavjee believe that Sharia works at
different levels. At the political level, it intends to characterize the idea of the Muslim state and
those answerable to the government, including establishments ordered to safe-monitor the
prosperity of the general population. It gives rules influencing financial, social, and everyday life
at the social and individual levels. Finally, it endorses the strict commitments exhaustively that
all Muslims must follow. Throughout Islamic history, Muslim political specialists gave courts
and legal functionaries whose occupation was to intervene in debates and regulate the operations
of Sharia with the outcome that, over the long run, the entirety of political, moral, and social
requests in Islam obtained a more explicit definition. Sharia was not intended to be a proper
assemblage of rules and guidelines, as it generally took a gander at the more extensive
motivation behind the public great (maslaha) that was controlled by the requests of necessity
30
Coulson, Noel James and Shamsy, Ahmed El. "Sharīʿah". Encyclopedia Britannica, 24 Jan. 2021,
https://www.britannica.com/topic/Shariah. Accessed 2 December 2021
31
Christopher van der Krogt, “Explainer: what is ‘sharia law’? And does it fit with Western law?” September 22,
2014 4.27pm EDT, from https://theconversation.com/explainer-what-is-sharia-law-and-does-it-fit-with-western-law-
31972
13
(darura), which Muslim researchers recognized and dissected as per their comprehension of
Sharia’s higher purposes known as maqasid (purposes). This prompted its hypothetical
understanding (fiqh), intended to be liquid and receptive to evolving conditions. 32
Islamic Law in the West:
Rex Ahdar and Nicholas Aroney clarify that distinguishing ‘the West’ does not involve
going after an atlas. There is, conceded today, an undeniable topographical aspect to the term,
and, as an underlying estimate, one could place the West as containing Western Europe and its
pioneer posterity in Canada, the United States, Australia, and New Zealand. How one portrays a
thing depends, in any case, on the idea of the object of the portrayal, just as the reason it is being
described. They are worried about the construction and guideline of human social orders, not
exchange examples or military partnerships. 33
Rex Ahdar and Nicholas Aroney argue that the inquiry of whether Shari’a ought to be
perceived and joined into the overall sets of laws of the liberal popular governments of the West
is overwhelming. The theme is captivating, multi-layered, and innately complex-riding law,
legislative issues, state-create, history, culture, and religion. The case has turned into a notorious
‘hot potato’ in the halls of force, just as the more ordinary cafes, the internet talk rooms, bars,
and parlors of society. In the West, seven days pass by without a contention ejecting over some
part of Muslim custom, imagery, conviction, or practice. 34
Shahrough Akhavi believes that the Muslims had an incredible requirement for
interpretations of Greek and Latin works in philosophy and theory, yet for various reasons. In
philosophy, they required ideas rather than specific contentions dependent on them. Additionally,
experiences with Christians gave freedom to right on-time Muslim scholars to hone their
thoughts in their debates with one another. Muslim educational scholars solidified their ideas by
the hour of the primary flood of interpretations in the 10th century. They did not get much from
non-Muslim works converted into Arabic. Conversely, Muslim logicians depended intensely on
32
Raficq S. Abdulla, Mohamed M. Keshavjee, Understanding Sharia Islamic Law in a Globalised World, p. xv.
33
Rex Ahdar and Nicholas Aroney, “The Topography of Shari‘a in the Western Political Landscape,” in Shari’a in
the West, edited by Rex Ahdar and Nicholas Aroney (New York: Oxford University Press, 2010), p. 1.
34
Rex Ahdar and Nicholas Aroney, Ibid, p. 1.
14
Greek interpretations to advance their thoughts and contentions. They read broadly and
profoundly in Platonic and Neoplatonic theories and viewed Aristotle as their most important. 35
But it can be said that the beginning of relations between the emerging Islamic state and
the West began in the days of the Prophet Muhammad, peace be upon him.
Ibn ‘Abbas narrated: Abu Sufyan bin Ḥarb told me that Heraclius called for his translator
and then asked for the letter of the Prophet, peace be upon him, and the former read it (thus) “In
the Name of Allah, the Most Gracious, the Merciful. (This letter is) from Muhammad bin
Abdullãh, Allah’s Messenger, to Heraclius. “...O people of the Scripture (Jews and Christians):
Come to a word that is just between us and you that we worship none but Allah..... (V.3 :64). 36
Allen W. Palmer and Abdullahi A. Gallab indicate that exploring the social contentions
between Islam and the West is certainly not a negligible test given forcefully differentiating
perspectives; the two information spaces must be more effectively coordinated. Islam offers an
aggregated view enveloping all circles of local area intercourse: political, financial, social, and so
forth. The West secludes the processes of information and activity and reveres the person.
Despite suggestions of “urban religion” in Western social orders, they are extraneously common;
conventional Muslims are unmistakably dedicated to the hallowed as the foundation of the local
area and day-to-day life. 37
Jasser Auda asks: ‘Is There a Problem with the Islamic Law’? Up to this point, he has put
the ‘Islamic law’ between quotes since he needs to characterize what he means by ‘Islamic law’
before he can guarantee that it brings equity, kindness, improvement, etc. This definition is
significant to address whether or not there is a problem with ‘Islamic law’ and, subsequently, the
scrutinization that this book presents. A point-by-point investigation of the terms fiqh, shari’ah,
fatwa, madhāhib, ijtihad, qānün, and ‘urf, and the many-sided connections between these terms,
will be clarified in his book titled ‘Maqasid Al-Shariah as Philosophy of Islamic Law: A Systems
Approach.’ Notwithstanding, for now, he might want to separate between three distinct
implications of the broad term “Islamic law” to address the above question. 1. Shari’ah: The
disclosure that Muhammad, peace be upon him, had gotten and made rehearsing it the divine
35
Shahrough Akhavi, “Islam and the West in world history,” in Third World Quarterly, Vol 24, No 3, (2003), p. 547.
36
Al-Bukhari, Sahih al-Bukhari, Vol. 9, p. 388.
37
Allen W. Palmer and Abdullahi A. Gallab, ISLAM AND WESTERN CULTURE: Navigating Terra Incognita, in
kennedy.byu.edu, from https://kennedy.byu.edu/islam-and-western-culture-navigating-terra-incognita/
15
message and mission of his life, i.e., the Qur’an and the Prophetic practice. 2. Fiqh: The
enormous assortment of juridical assessments given by different legal scholars from different
ways of thinking concerning the use of the shari‘ah (above) to their different genuine situations
all through the beyond fourteen centuries. 3. Fatwa: The utilization of shari‘ah or fiqh (above) by
Muslims is true today. 38
Michael G. Peletz points out that the boundless Western view that the presence of sharia
is a situation that should be settled, preferably by its disposal, is firmly at chance with most
Muslim viewpoints on sharia. However, this should not be used to help the generally ruined
“conflict of human advancements” proposal. Muslims usually view sharia as a collection of
heavenly assets bequeathed to them by God for the administration or arrangement of issues and
an aide for life’s vulnerabilities, precarity, and prizes, not a problem needing a goal. Also, for
some (maybe the vast majority) of them, a critical test, without a moment’s delay profound,
moral, and at times political, is how to protect its highness and, in a perfect world, resuscitate it
notwithstanding solid authentic and contemporary tensions exhibited against it. Important in this
setting is that in most Muslim-larger part nations, the ward, power, and renown of courts
associated with the execution of sharia have for some time been indeed obliged comparable to
the frameworks of ordinary courts set up by colonizers and other modernizing elites all through
the Muslim world during the high time of European provincial principle from 1870 to 1930. 39
Islamic Law in USA: American Views
By searching for the study of Islamic law in the American academic perspectives, we can
note that major American universities study this branch of human sciences.
For example, Harvard University has a program to study Islamic law. It is indicated that
“The Program in Islamic Law at Harvard Law School is dedicated to promoting research and
providing resources for the academic study of Islamic law.” It hosts “a suite of projects toward
that end: a Portal for organizing the world’s information on Islamic law (SHARIAsource), a set
of Publications for cutting-edge scholarship in Islamic legal studies (a book series, occasional
38
Jasser Auda, Maqasid Al-Shariah ad Philosophy of Islamic Law: A Systems Approach (London: The International
Institute of Islamic Thought, 1429 A.H./ 2008), p. xxii.
39
Michael G. Peletz, Sharia Transformations Cultural Politics and the Rebranding of an Islamic Judiciary
(California: University of California Press, 2020), p. 2.
16
papers, and a peer-reviewed journal), and myriad Program events and support for students,
fellows, and scholars working in the field of Islamic legal studies.” 40
Harvard Law School was the primary graduate school in the U.S. to offer courses in
Islamic law, starting during the 1950s. It perceived that providing seminars on the broad set of
rules of the world was required assuming it was really to be a worldwide graduate school and
pioneer in legitimate training. At the greeting of the late relative law researcher, Professor Arthur
von Mehren, a few visiting teachers showed single seminars regarding the matter. In 1976,
graduate class gifts helped support Islamic law programming further. Also, in 1991, the Islamic
Legal Studies Program was officially made as an outflow of HLS's developing advantages in
Islamic law. Teacher Frank E. Vogel drove the Program until 2006. Teacher Intisar Rabb turned
ahead of ILSP when she joined Harvard in 2014. Earlier, a piece of ILSP, the Program in Islamic
Law, was another examination program coordinated by Professor Rabb. 41
Michael Broyde points out that Islamic courts are becoming routine in North America.
Muslims are building strict networks in America, and strict courts are essential for designing
many of these networks. These alleged sharia councils do what courts wherever to do: They give
away to hearing and settling debates between individuals from their networks. Banters over these
courts have been progressing for above and beyond ten years. 42
According to Abed Awad, the accurate history of Sharia in American courts isn’t a plot
for an inescapable takeover but one more piece of globalization. Relationships, separations,
enterprises, and business exchanges worldwide imply that US courts should routinely decipher
and apply foreign laws. As a result, American courts have considered Islamic law in everything
from acknowledging unfamiliar separations and guardianship announcements to the legitimacy
of relationships, the authorization of cash decisions, and the granting of harms in business
debates and carelessness matters. 43
40
See the website of Islamic Law Program at Harvard University, from https://pil.law.harvard.edu/who-we-are/
41
Ibid.
42
Michael Broyde, “Opinion: Sharia in America,” in Washington Post (June 30, 2017), from
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/06/30/sharia-in-america/
43
Abed Awad, “The True Story of Sharia in American Courts Sharia is as unthreatening to the US legal system as
the ideas in the Old Testament. Yet bigoted hysteria is fueling legislation that actually undermines our courts,” in
The Nation (June, 14, 2021) from https://www.thenation.com/article/archive/true-story-sharia-american-courts/
17
Jeffrey Bristol indicates that “Sharia” is the Arabic expression for Islamic law. In a real
sense, it is interpreted as “a way to the water where individuals can drink and look for
sustenance.” It is helpful to consider Islamic law less like American criminal law—which
instructs residents how to act and try not to be tossed behind bars—and more like a manual on
the best way to lead a daily existence satisfying to God. Islamic researchers consider this manual
to be the way and the sweet beverage at its end as heavenly salvation. Sharia spreads how
Muslims can be better companions, relatives, and residents. 44
Jeffrey Bristol adds that this part of Sharia—those components of the Islamic law that
work with Muslims’ associations with society rather than keeping them from utterly captivated
with it—is either disregarded despite more extreme translations or obscure to the overall
population in America, rather than perceiving how most Muslims are now living in concordance
with their non-Muslim neighbors and utilizing Islamic law as a method for directing their lives.
Many individuals accept that each Muslim who follows Sharia is a revolutionary. However, for
most Muslims, the way of Sharia does not lead down this street by any means. Instead, it is one
of amicability and collaboration. 45
Jeffrey Bristol demonstrates that Islamic law contains direction on wrongdoing and
discipline. However, deciphered in the U.S. does not struggle with American law. Most American
Muslims and researchers of Islam accept that because their general criminal framework is quick,
productive, and accommodating, they do not have to depend on Islamic law to indict
wrongdoings. The American legal framework works—it does this occupation for them—thus, the
local area is mitigated by following any correctional parts of Islamic law. 46
While Muslims, Jeffrey Bristol thinks, are among the most current strict settlers to the
United States, they join a long queue of individuals who have needed to oblige their stringent
and individual necessities to another social and lawful climate. Like all who preceded them,
Muslims have a few issues that are hard to squeeze into the standard. These difficulties meet with
care and thought as other strict gatherings. Nevertheless, a long way from being a strict,
draconian code of middle age discipline, Islamic law can adjust to new conditions—
44
Jeffrey Bristol, “Islamic Law is Alive and Well in the U.S.: Americans often react to the idea of Sharia with horror
and repugnance. That isn’t warranted,” in Sapeins (2 Mar 2018), from https://www.sapiens.org/culture/sharia-united-
states/
45
Ibid.
46
Ibid.
18
exceptionally American temperance. U.S. residents ought to acknowledge this Americanization
of Islamic law with great enthusiasm. 47
Eugene Volokh points out that a longstanding American law calls for perceiving or
carrying out a singular’s strict standards, including Islamic standards. American law
accommodates the opportunity of agreement and attitude of property at death. Muslims (like
Christians, Jews, and the skeptical) can compose agreements and wills to comprehend their strict
commitments. American law gives for assertion gatherings’ assent. Muslims can utilize this to
course their debates to Muslim councils, much like Christians, Jews, and the skeptical regularly
flow their questions to private referees of their decision. 48
American law, Eugene Volokh clarifies, accommodates strict exceptions from pertinent
rules and boss guidelines. Muslims, just as Christians, Jews, and others, may guarantee such
exceptions. American law accommodates foreign law in specific cases from strange events
(relationships, separations, wounds, and such). This requires the utilization of strict foreign law,
regardless of whether Islamic law, Jewish law, or the choices of Christian courts. American law
additionally forces restricting standards on these regulations. A few agreements and unfamiliar
decisions are unenforceable. Numerous strict exception demands are denied. However, as of
now, these restricting standards forestall inappropriate acknowledgment of Islamic law and
permit disclosure of such regulation when disclosure is legitimate. There is no requirement for
new law here. 49
Muslim Jurists in the USA:
One of the Islamic organizations in America that work in Islamic law and fatwas in
Islamic law is The Assembly of Muslim Jurists of America (AMJA). According to the official
website of (AMJA) it “is an independent, nonpartisan, nonprofit organization... It was
established in response to the growing need for an Islamic jurisprudence specific to Muslims in
the West. Its main goal is to uphold authentic standards using high academic standards, a
moderate approach, and a rejection of extremism. AMJA’s influence reaches far beyond the walls
47
Ibid.
48
Eugene Volokh, “Religious Law (Especially Islamic Law) In American Courts,” in Oklahoma Law Review,
Volume 66 (Spring 2014), No. 3, p. 431. Available from
https://digitalcommons.law.ou.edu/cgi/viewcontent.cgi?article=1051&context=olr
49
Ibid.
19
of mosques and Islamic Centers. Its work strengthens the moral character of society by
developing the leadership capacities of Imams (religious leaders). Equipped with continued
passion and tenacity to their work, AMJA scholars, experts, and Imams lead the Muslim
community into a better understanding of the practice of the religion of Islam in Western
societies.” 50
Aside from our famous researchers, AMJA additionally obliges the requirements of
Imams by committing to a yearly Imams Conference that permits them admittance to one-on-one
collaboration with researchers, network with different Imams all through the US and Canada, and
is presented to novel and new examinations about contemporary fiqh issues. AMJA’s library is
known for its vast extent of factual investigation. AMJA values the extraordinary number of
distributions in matters of Islamic statute in spaces of humanism, financial aspects, law, and even
family matters. AMJA is lucky to have a devoted Board of Directors, Fatwa Committee, Fatwa
Advisory Board, and Experts in different fields. 51
AMJA Goals: Giving fatawa (strict proper conclusions or decisions) relating to the cases
and questions submitted to the Assembly as indicated by the findings of Shari‘ah. Setting an
arrangement for leading legal investigations and studies on the conditions of Muslims in the
American culture and the monetary, social, scholarly, and instructive issues Muslims, as of late,
face in such a local area. Hence, AMJA shows their appropriate juristic arrangements and directs
their application. 52
AMJA Process: How could a fatwa be given to the US by somebody without contact with
American reality? This inquiry has been responded to previously; AMJA is considered capable -
from the principal second for the base that fatwa-providers should join information on Shari‘ah
and acknowledge the truth. “A Fatwa” is the information on need in fact; this could be refined
through what is recently alluded to be specific; the accessibility of various specialists - at the
very least legal scholars at AMJA-addressing the eye of AMJA by which the truth is seen and a
few of its perspectives is known. 53
50
See the official website of The Assembly of Muslim Jurists of America (AMJA), from,
https://www.amjaonline.org/about/
51
Ibid.
52
Ibid.
53
Ibid.
20
Juristic gatherings worldwide examine clinical issues like transferring body organs,
human-made treatment, human cloning, etc. Anyway, no one says that the law specialist is
essentially a doctor to be ready to give a fatwa on these issues. Yet, it is enough for him to know
all subtleties of such matters through those specialists identified with such gatherings. So how
could AMJA - whose individuals are spread everywhere, give a fatwa on occasions of the
American culture? Through the most elevated global correspondence advances, remembering
Emails and the AMJA site for the web make reaching those in Tokyo as quick as those in
Washington. 54
Islamic Law and Religion:
Regarding the wellspring of strict regulation, we could say that they are the books and
idioms taken by divine power or strict pioneers like prophets and are called sharia (signifying
‘the way to follow’ or similarly alluded to as ‘Syariah’), all in all. Furthermore, the Qur’an, the
Sunna, legal agreement, and analogical thinking are the four crucial wellsprings of law in Islamic
regulation. 55
The relationship of Islamic law with humanities should be determined in light of the
sources of Islamic law, the Qur’an and the Sunnah. The Noble Qur’an has referred to the man in
several places. For example, “Allah wishes to ease up (the charge) for you, and man was made
powerless” (The Qur’an, 4: 28). The Qur’an indicates that also, when mischief contacts man, he
summons God, lying on his side, or sitting or standing. However, when God has taken his
mischief from him, he passes on as though he had never conjured God for damage that contacted
him! In this manner, it is made fair-appearing to the Musrifun that they used to do (The Qur’an,
10: 12).
The Qur’an shows man’s attitude toward God in times of prosperity and distress. Also,
suppose God provides man with a sample of Mercy and pulls it out from him. In that case, he is
miserable and thankless (The Qur’an, 11:9). Among the legal provisions by which the Qur’an
binds man, what’s more, God has charged man to be great and loyal to his parents; however,
54
Ibid.
55
Nosirjon Juraev (Author), 2010, Sources of law in Civil, Common and Islamic Legal Systems, Munich, GRIN
Verlag, https://www.grin.com/document/233559
21
assuming they endeavor to make you get together with Him (in love) anything (as an
accomplice) of which you have no information, then, at that point, submit to them not. Unto God
is your return, and He will listen you used to do (The Qur’an, 29: 8). This ruling was confirmed
by the Holy Qur’an again by saying: “Furthermore, We have ordered on man (to be devoted and
great) to his folks. His mom bore him in shortcoming and difficulty upon shortcoming and
difficulty, and his weaning is in two years - express appreciation to your folks and Me. Unto Me
is the last objective” (The Qur’an, 31: 41). 56
Surat Al-Insan in the Qur’an represents the essential reference for Islamic law in thinking
about humanity and its legal provisions. Does the Qur’an refer that there has not been throughout
man a timeframe when he was not worth focusing on? Verily, Allah has made man from Nutfah
(drops) of blended semen to attempt him: He made him a listener and soothsayer. Allah guided
him the way, whether he was thankful or unreasonable. Allah has arranged for the doubter’s iron
chains, iron collars, and a bursting Fire (The Qur’an, 76: 1-4). 57
The Sunnah is the two sources of Islamic law in its relationship with humanity. When
reading the hadiths of the Prophet carefully, we find that the societies are strongly present in
them. In the Sunnah of the Prophet, we find that may God’s prayers and peace be upon him, the
sayings, actions, and reports that are the basis for talking about man. For example, a Muslim tries
not to hurt Muslims with his tongue and hands. Narrated ‘Abdullãh bin ‘Amr, The Prophet;
peace be upon him, said, “A Muslim is a person who tries not to hurt Muslims with his tongue
and hands. Also, a Muhãjir (wanderer) is the person who surrenders (leaves) all that Allah has
prohibited. 58
Narrated ‘Abdullãh bin ‘Amr A man asked the Prophet, “Whose Islam is great” or “What
(kind of) deeds in (or what characteristics of) Islam are great?” The Prophet; peace be upon him,
answered, “To take care of (others), and to Welcome those whom you know and those whom you
don’t have the foggiest idea.” 59
56
For the interpretation of the verses, Dr. Muhammad Muhsin Khan, and Dr. Muhammad Taqi-ud-Din Al-Hilali,
57
Ibid.
58
Al-Bukhari, Sahih Al-Bukhari, Vol.1, p. 59.
59
Ibid., Vol. 1, p. 60.
22
Like for one’s (Muslim’s) sibling, what one enjoys for himself is a genuinely godly piece.
Therefore, narrated Anas, may God be pleased with him; the Prophet, peace be upon him,
expressed, “Not a solitary one of you will have confidence till he loves for his (Muslim) sibling
what he enjoys for himself.” 60
Islamic Law and Common Law:
According to Legal Information Institute, Cornell Law School, Common Law is derived
from judicial decisions instead of statutes. 61
“Statutory law in the United States consists of the
laws passed by the legislature. For the federal government, the statutory law is passed by the
United States Congress. These acts are designated as Public Laws or Private Laws. Public laws
relate to the general public, while private laws relate to specific institutions or individuals. Most
of the laws passed by Congress are public laws, and these are the laws which you will typically
need to research.” 62
Professor John Makdisi argues that Henry II made the customary regulation in the twelfth
century, which brought about progressive changes in the overall English set of laws, boss among
which were the activity of obligation, the assize of novel disseisin, and preliminary by jury. The
wellsprings of these three establishments have for quite some time been attributed to impacts
from other overall sets of laws, for example, Roman regulation. However, Professor John
Makdisi has uncovered new proof that these foundations might follow their starting points
straightforwardly to legitimate Islamic establishments. The explanation lies in the remarkable
personality of qualities of these three organizations with those of their Islamic partners, the
likeness of capacity and design among Islamic and custom-based regulations, and the memorable
chance for transfers from Islam through Sicily. 63
In his Article, Professor Makdisi looks past the lines of Europe and proposes that the
beginnings of custom-based regulation might be found in Islamic regulation. The initial three
60
Ibid., Vol. 1, pp. 60- 61.
61
“Common Law,” Legal Information Institute, Cornell Law School, from
https://www.law.cornell.edu/wex/common_law
62
See “Introduction to Legal Research,” Law Library, Georgia State University, College of Law, from
https://libguides.law.gsu.edu/c.php?g=253374&p=1689761
63
John A. Makdisi, The Islamic Origins of the Common Law, 77 N.C. L. Rev. 1635 (1999), p. 1635. Available at:
http://scholarship.law.unc.edu/nclr/vol77/iss5/2
23
Parts inspect establishments that assisted with making the precedent-based regulation in the
twelfth century by presenting unusual progressive ideas with existing European legitimate
foundations. Without precedent in English history, (1) contract regulation allowed the exchange
of property possession on the sole premise of proposition and acknowledgment through the
activity of debt; (2) property regulation safeguarded ownership as a type of property possession
through the assize of novel disseisin; and (3) the illustrious courts founded an objective
methodology for resolving debates through preliminary by jury. 64
The job of regulation in each nation is something very similar in that they all seek after
one single reason. Notwithstanding, they will be isolated into three broad sets of laws as the
strategy for looking at the given issue or the director of rules contrasts with one country and then
the next. Every one of these general sets of laws, specifically Common (Anglo-American)
regulation, Civil (Continental) regulation, and Religious (Islamic) regulation addresses similar
capacities and varies from one another by how the law is ordered or handled and how it arose.
The significance of every framework’s source and the only correlation between the wellsprings
of these frameworks will be covered, and the importance of the intermingling hypothesis will be
advanced. 65
Islamic Law and Positive Law:
According to the Office of the Law Revision Counsel, United States Code, positive law is
“In general, the term “positive law” connotes statutes, i.e., a law that a duly authorized
legislature has enacted.” 66
L. Ali Khan and Hisham Ramadan say, “Islamic law is a broader term that includes both
religious texts and positive law. Note again for clarity, however, that the Basic Code is the divine
part of Islamic law; the Basic Code is not positive law. The divine part of Islamic law is
permanent for all times, all nations, and all generations of Muslims. Islamic positive law can be
modified and repealed. Islamic positive law is constantly evolving to meet new challenges of the
64
Ibid.
65
Nosirjon Juraev (Author), 2010, Sources of law in Civil, Common and Islamic Legal Systems, Munich, GRIN
Verlag, https://www.grin.com/document/233559
66
THE TERM “POSITIVE LAW,” Office of the Law Revision Counsel, United States Code, from
https://uscode.house.gov/codification/term_positive_law.htm
24
Muslim condition. It may vary from nation to nation, time to time, and generation to generation.
The immutable Basic Code and alterable Islamic positive law must never be confused with each
other.” 67
Ijtihad “is the exertion of the maximum possible effort to suspect some of the legal
rulings so that he feels that he cannot make another effort.” Ijtihad is one of the fundamental
principles of Sharia. The Qur’an confirms ijtihad by informing the Prophet Muhammad “105.
Without a doubt, We have sent down to you (O Muhammad, peace be upon him) the Book (this
Qur’an) in truth that you could decide concerning men by that which Allah has shown you (for
example, has shown you through Divine Revelation), so be not a pleader for the deceptive.” 68
Ijtihad is also confirmed in the Sunnah of the Prophet Muhammad, peace be upon him.
On the authority of Muhammad bin Abdullah Al-Thaqafi, who said: When the Messenger of
God, peace be upon him, sent Mu'adh to Yemen, He said: “O Mu'adh, how do you judge?” He
said: I judge by the Book of God. The Prophet, peace be upon him, said: "If you do not find it in
the Book of God?" He said: I will judge according to what the Messenger of God ruled. He said:
“So if there comes to you a matter, not in the Book of God, and the Prophet has not judged about
it, and the righteous have not judged on it?” He said: I will search for the truth as much as
possible. He said: The Messenger of God, peace be upon him, said: “Praise be to God, who made
the Messenger of God, peace be upon him, judges with what pleases the Messenger of God,
peace be upon him.” 69
Islamic Law and Theology:
67
Khan, L., & Ramadan, H. (2011). Islamic Positive Law. In Contemporary Ijtihad: Limits and Controversies (pp.
80-112). Edinburgh University Press. From https://www.cambridge.org/core/books/abs/contemporary-
ijtihad/islamic-positive-law/F8E1CD5FB067DB35E3FA2650AD591141
68
Wahba Al-Zuhaili, ‘Usul Al-Fiqh Al-Islami, Vol. 2, pp. 1038 – 1039. For the interpretation of the verses, Dr.
Muhammad Muhsin Khan, and Dr. Muhammad Taqi-ud-Din Al-Hilali, Interpretation of the Meanings of the Noble
Qur’an.
69
Wahba Al-Zuhaili, ‘Usul Al-Fiqh Al-Islami, Vol. 2, p. 1039. See the hadeeth in 'Abu bakr bin 'Abi Shaiba,
Abdallah bin Muhamad bin 'Iibrahim bin Othman bin khawasati al-Absi (Died 235hi), al-kitab al-Musanaf fi al-
'Aḥadith walathar, edited by kamal yusif alhut alnaashir, first edition (Riyadh: Maktabat al-Rushd, 1409), Vol. 4, p.
543.
25
There are many other cases in the relationship of Islamic Law with humanities. Islamic
law is significantly linked with different aspects of human sciences. For example, there is a very
strong relathionship between Islamic law and theology.
Dr. Umar S. Al-Ashqar confirms that the Islamic’ aqeedah is as fundamental for man as
water and air. Without this aqeedah, he is lost and befuddled. The Islamic’ aqeedah is the one in
particular which can respond to the inquiries that have generally distracted man yet engross
human ideas and cause disappointment: where did I come from? Where did the universe come
from? Who is the Creator? What are His ascribes and names? For what reason did He make us
and the universe? What is our job in this universe? What is our relationship to the Creator who
made us? Are there other, undetectable universes past the world that we right? Are there other
clever creatures separated from man? Is there one more life after this life? Assuming the
response is positive, what is that different lifelike? 70
Dr. Umar S. Al-Ashqar indicates that the eemaan (confidence) for which Allah lauded
individuals was not just ‘aqeedah (conviction). ‘Aqeedah framed the establishment and premise
of eemaan (firm belief). So eemaan is the ‘aqeedah which is laid out solidly in the heart, grips to
it, and never leaves it. The devotee verbally announces and articulates it to whose heart this
‘aqeedah takes firm roots. His conviction and statement are affirmed by his activities adjusting to
the direction of that ‘aqeedah. A sentence that takes establishes in the heart yet has no noticeable
indication is a vacant and cold conviction that doesn’t merit being called ‘aqeedah. We see many
individuals who know reality. However, they don’t maintain it or carry on with their lives. They
might even oppose reality, which they accept to be valid. Iblees (Satan) knows the incredible all-
inclusive insights with conviction, he knows Allah, truth, the Messengers, and Books, yet he
committed himself to contradict reality even after complete information. 71
Therefore, Dr. Umar S. Al-Ashqar affirms a strong relationship between Aqidah and
Sharia. He points out that Eemaan resembles a decent, solid tree that is immovably established in
great soil with its branches venturing very high, bearing bountiful natural product, delivering its
natural product for everybody by the finesse of its Lord. Consequently, eemaan is the tree;
‘aqeedah is established profoundly in the heart, and its trunk, branches, and natural products are
70
Dr. Umar S. al-Ashqar, Belief in Allah: In the Light of the Qur’an and Sunnah, translated by Nasiruddin Al-
Khattab (Riyadh: International Islamic Publishing House, 2014), Islamic Creed Series / Vol. 1, p. 35.
71
Ibid., Vol. 1, pp. 39 -40.
26
deeds and activities. If the roots are eliminated or turned spoiled or evaporated, they will never
again exist. Additionally, eemaan will never again live if ‘aqeedah is removed. Assuming the
storage compartment or branches are cut off, or some of them are cut off, the tree will debilitate
and bite the dust through and through because the presence of branches and leaves is vital for the
tree proceeds with the company. If deeds are disregarded, to a limited extent or in entire, eemaan
will be diminished or obliterated. 72
Paying Attention to Deeds, Dr. Umar S. Al-Ashqar adds, it is an officeholder on us to

focus on the deeds that Allah has urged upon us as mandatory obligations or that He has urged us
to do and to avoid the acts that He has prohibited us to do because this is a piece of eemaan.
Thus, the people who sabotage the significance of carrying out and sticking to the Sunnah of the
Prophet ought to know about their dangerous mentality. Some might exceed the imprint and
portray a few Sunnah or Islamic religious issues as irrelevant or immaterial. We request that
Allah pardon these individuals, for all religion is significant, and nothing in it is outside, even
though matters might change in their significance level. 73
Islamic Law and Modernity:
Modernity means expanding the estimations of advancement and its connection to

religion. In the Third World, advancement is frequently estimated by hazy assessments.
Sometimes, some of the perspectives of specific circles in the West are a chance for innovation.
In light of a writing overview, advancement is a condition, not a particular marker of a specific
period and area. Advancement focuses not exclusively on the West yet additionally on non-West,
since innovation can be estimated by: free enterprise as monetary objectivity; large-scale
manufacturing-based ventures and the existence of industry attitude; metropolitan populace
pressure and its clinical control; common and humanist country state; popularity-based country;
levelheaded administration, the state’s law, and order, military-based innovation; and
experimental science and realism. All things being equal, a mainstream state does not need the
most recent advancement that ought to estrange religion totally in an open arena. Religion is
72
Ibid., Vol. 1, p. 42.
73
Dr. Umar S. al-Ashqar, Belief in Allah: In the Light of the Qur’an and Sunnah, Vol. 1, p. 42.
27
feasible to be in the empty hall on the off chance that it may be discussed sanely and does not
segregate minorities, as unquestionably, religion is currently more levelheaded. Religion is
likewise conceivable to challenge different issues in an open arena in the unregulated economy
in a majority rule political framework and can be a joint society force; furthermore, a few
religions would not fret with secularization in the feeling of humanistic defense. 74
Dr. Muhammad Emara believes that modernity’s culture revolves around man rather than
God, which made man “natural,” part of nature instead of being a divine-human being. This
modernist culture has established an epistemological rupture with the religious heritage,
including the divine law, and went, by secularism, to isolate heaven from the earth and liberate
man and human society from the controls, provisions, standards, and philosophies of divine laws.
75
Sheikh Muhammad al-khadr Hussein points out that someone who does not know what
Islam is may fall into the illusion that Sharia disagrees with the state of the present age. They
think that laws are based on the care of interests, and the interests of the ages differ significantly.
Therefore, he aims to refute it and detail the saying in denying its suspicion until it is proven by
the visual evidence that the eye sees that the glorious Sharia keeps pace with every era and
preserves the interests of every generation. 76
Sayyid Abul A'la al-Maududi discusses regulation and Ijtihad in Islam. For a good
enthusiasm for the subject being talked about, two fundamental realities must be borne as a top
priority; (I) the Supremacy of God, and (ii) the prophethood of Muhammad, peace be upon him.
Islam concedes to no sovereignty aside from God; therefore, He perceives no Law provider other
than Him. The Concept of the solidarity of God, as upheld in the Qur’an, is not restricted to His
being the sole object of love in the strict sense alone. Alongside it, He is contributed with
unlimited lawful power, which the term is perceived in Jurisprudence and Political Science. 77
Furthermore, the Qur’an has no space for the feeling that the heavenly regulation might
mean only the law of nature, and that is it. Going against the norm raises the whole structure of
74
Sukron Kamil, Is Religion Compatible with Modernity? An Overview on Modernity’s Measurements And its
Relation to Religion, INSANIYAT, Journal of Islam and Humanities, Vol. 2(2), May 2018, 85 – 108, p. 85.
75
Muhammad al-khadr Hussein, al-Sharia al-Iaslamia Saliha likuli Zaman wamakan (Eng. Islamic Law is Valid for
Every Time and Place), edited by Dr. Muhammad Emara (Cairo: Dar Nahdhat Masr, 1999), pp. 4-5.
76
Muhammad al-khadr Hussein, al-Sharia al-Iaslamia Saliha likuli Zaman wamakan, p. 12.
77
Sayyid Abul A’la al-Maududi, The Islamic Law and Constitution, p. 72.
28
its philosophy on the premise that humankind ought to arrange the issues of its moral and public
activity as per the law (Shari‘ah) that God has conveyed through His Prophets (may His favors
be on them). This accommodation to the uncovered regulation and giving up of one’s
opportunity to it has been allowed the name of Islam (give up) by the Qur’an. 78
Dr. Muhammad Mustafa Shalabi says: “For this and that, my thinking turned to a re-
examination of the reality of the jurisprudence of this Sharia and its law to prove to people that it
is a realistic jurisprudence that fits the life and goes with it. No matter how time changes and
events are renewed, Islamic jurisprudence is not hostile to civilization, nor does it alienate the
new because it is unique. On the contrary, it has flexibility and ease, which is no less than the
latest and most sophisticated laws, if not superior to all. And I made the title of the research
“Islamic jurisprudence between idealism and realism.” 79
Dr. Abdallah bin Abdul Muhsin al-Turki indicates that the Book and the Sunnah texts are
finite. The issues and problems are infinite, hence the available texts, the universal rules, and the
jurisprudential sources. Islamic jurisprudence and its foundations are filled with governments
and authorities for ijtihad and deduction of rulings, perfectly disciplined, and the one who works
in jurisprudence in religion has occupied a lofty position. If the text indicates the verdict on the
incident, the jurist used it and applied it to the order of the incident, and if the incident was not
stipulated, the jurist elicited its verdict according to the approved deduction methods, which is
called diligence in interpreting the texts and their implications, and diligence in applying the
universal rules, and discretionary sources on what It is found in people’s lives. 80
Islamic Law and Customs:
The set of terms and traditions that every nation is accustomed to and which it adopts to
follow it has great respect for individuals. Instead, it has a strong authority over them, to the
extent that they consider it one of the indispensable necessities of life and one of the feats they
78
Ibid., p. 72.
79
Sheikh Muhammad Mustafa Shalabi, Al-Fiqh Al-Islami baina Al-Mithaliyaa wa Al-Waqiyyah, p. 12.
80
Dr. Abdallah bin Abdul Muhsin al-Turki, A Forwarded Word in Qararat al-Majma‘ al-Fiqhi bimakat almukarama,
al-Dawrat min al-‘Uwlaa ila al-Saabieat Ashrata, al-Qararat min al-'Awal 'ilaa althaani baed al-mia (Eng. Decisions
of the Fiqh Council in Makkah Al-Mukarramah, sessions from the first to the seventeenth, decisions from the first to
the 102nd, 1398 A.H./ 1424 A.H.- 1977 A.D./ 2004 A.D.), pp. 7-8.
29
go through. For some, its holiness may rise to the level of religion, and they see themselves as
obligated to embrace it and follow its roles. They see rebellion against it but greatness that
provokes resentment and calls for revolution. 81
According to psychologists, the work is repeated in abundance; nerves and organs adapt
to it, so it takes the place of souls, like a torrent with the force of its gradient digging its way into
the mountain. Just as it is difficult to divert from its path, so too is custom entrenched in souls so
that it is difficult to move them from it, mainly if need necessitates. Hence, they said: Habit is
second nature. They want by this that it has close to the power of nature, whatever people have
innated with since they came out of their mothers’ wombs: a hand that grips, a foot that walks, an
eye that sees, and an ear that hears: if a person tried to hear with his eyes or to walk with his
hands, he would not be able to do that. 82
The custom also has nearly this power. The traditions upon which the matter is
established are later held captive to them and are imprinted upon their adoption. The fuqaha’
said: People are greatly embarrassed to deviate from their habits. They mean because of their
strength and penetration into the rays. That is why we see the prophets and the advocates of the
laws suffer a lot of hardships and endure significant troubles in spreading their da‘wah and
abandoning equal customs; you see them taking people by the edge of forcing at times and by the
politics of legislation and gradual da‘wah at times. 83
Islamic Law and Current Social Issues:
In his book, Dr. Wahba Al-Zuhaili discusses jurisprudence and contemporary thought
issues, many of the problems facing individuals and modern Islamic societies. Among these
issues are Muslim minorities and what they face in matters of worship, prayer and fasting in the
arctic regions, work in institutions that forbid prayer, work incompatible with Friday prayer,
slaughtering and sacrifices and their restrictions, food, drinks, and the like. Relationship with
followers of other religions, an invitation to Islam and the method of da‘wah, entering churches
81
Ahmed Fatḥi Abu Sinnah, al-‘Urf walada fi Ra’i al-Fuqaha': ‘Ard Nadharia fi al-Tashri‘ al-Islami (Eng. Custom
and custom in the opinion of jurists: Presentation of a theory in Islamic legislation) (Cairo: Al-Azhar Publications,
1947), p. 16.
82
Ibid., p. 16.
83
Ibid., p. 16.
30
and temples, and participation of Muslims in non-Muslim worship such as funerals. Ruling on
using a medicine that contains something unclean to the eye, and it has an alternative that is less
beneficial than it, adherence to the provisions of Sharia necessity in taking medicine tainted by
what is forbidden by Shariah. For example, medication with wine in its nature without the
impossibility of adding, an explanation of the meaning of Istihala and its legal controls—
describing the extent of the need to include some foods forbidden in our Sharia in food and
medicinal products. 84
Among the issues addressed by Dr. Wahba Al-Zuhaili in the mentioned book is the issue
of the relationship with followers of other religions, the issue of calling to God and entering
churches and temples, and the participation of Muslims in the worship of non-Muslims, such as
funerals. It is worth noting that such issues are of great interest to Muslims, especially the
Muslim minorities living in the West, especially Europe and the United States of America. Dr.
Wahba al-Zuhaili indicates that the relationship of Muslims with others where they are not
abused is natural. Therefore, Muslims do not attack others in the affairs of their lives, their
worship and rituals, the practice of the rituals of their religion, the use of their languages, their
dealings in buying, selling, leasing, company, and other practices of business, construction, and
agriculture. But sometimes with hatred for fear of affecting their habits and during intercourse.
And with the prohibition at other times if the transaction involves exchanging forbidden stuff,
like alcohol and pigs. The approach to the relationship or dealing with non-Muslims, polytheists,
Buddhists, Christians, and Jews, is according to what Allah has said in the Qur’an. 85
The Qur’an has mentioned that (8. Allah doesn’t deny you to manage the people who
battled not against you by virtue of religion nor drove you out of your homes. Verily, Allah
cherishes the people who manage value. 9. It is just as respects the individuals who battled
against you by virtue of religion, and have driven you out of your homes, and assisted with
driving you out, that Allah restricts you to get to know them. What’s more, whosoever will
become friends with them, then such are the Zalimun (miscreants - the individuals who ignore
Allah) (The Qur’an: 13: 8-9). And the evidence from the Sunnah is that Asma’ asked the Prophet,
peace be upon him, whether she communicated with her mother. At the same time, she was a
84
Dr. Wahba al-Zuhayli, Qadaya al-Fiqh wal-Fikr al-Mu‘asir (Eng. Issues of Jurisprudence and Contemporary
Thought) (Damascus: Dar al-Qalam, 1428 A.H./ 2007 A.D.), p. 40.
85
Ibid., p. 40.
31
polytheist. He said: “yes.” and the meaning of the Almighty’s saying: (And do justice to them)
[The Qur’an, 60: 8]: that is, you give them a portion of your money in connection with the
relationship. The verse indicates the permissibility of the maintenance of a Muslim son on his
infidel father, as Ibn al-Arabi mentioned in his rulings. Another social issue is that greet and
shaking hands. Dr. Wahba al-Zuhalai indicates there is no objection to a Muslim shaking hand
with his Christian neighbor if he returns after an absence and gloating at him if he sneezes by
saying: “May God guide you” and greeting him if he needs it. The Prophet Muhammad, peace be
upon him, sent letters to the infidels’ kings: “Peace be upon those who follow the guidance.” 86
American Social Life and Islamic Law:
In ‘PARENTS’ MANUAL A GUIDE FOR MUSLIM PARENTS LIVING IN NORTH

AMERICA Prepared by The Women’s Committee the Muslim Students’ Association of the
United States & Canada,’ The first edition of the book was issued in 1972. It is possible to
discover that there was an early interest on the part of the Islamic circles in America in the lives
of Muslim individuals and societies in the United States and an attempt to adapt them to Islamic
law principles. In the book, we read the following topics: Hypothetical Aspects of Islamic
Education: A Broad View of the Foundation of an Islamic Personality. Building Islamic
Attitudes, The Goals and Orientation of the Muslim Home. Positive Aspects in the Rearing of
Muslim Children. Preparing the Very Young Child Guidance and Discipline, Minimizing the
Conflict Between Islamic and Western Standards. The Problems of Adolescence. Concerning
Modesty and Marriage. Conduct. Giving Standards of Modesty and Dress. Connections and
Marriage, Prayers, Fasting. 87
Also, in the same book, we noticed the following topics Commending the ‘Eids, Eid al-
Fitr, and Fasting. ‘Eid Prayer. Zakat al-Fitr, Brotherly Spirit. Local area Observances, New
Clothes, and Gifts for the sake of God, the ‘Eid al-Adha. Remembrance of Prophet Ibrahim in
Hajj, the Spirit of Adoration of God, and the Brotherhood as Muslim guardians in Muslim
86
Ibid., p. 41.
87
PARENTS’ MANUAL A GUIDE FOR MUSLIM PARENTS LIVING IN NORTH AMERICA Prepared by The
Women’s Committee the Muslim Students’ Association of the United States & Canada Published by AMERICAN
TRUST PUBLICATIONS (Indiana: U.S.A.), Foreword First Edition: August 1972, Second Edition: May 1976,
Third Printing November 1977, p. iii.
32
society, our objective. Eid Prayers. Penance and Sharing Festival Spirit and Community
Activities. Managing Incorrect Attitudes and Information. About Islam Money and Possessions
about Food and Eating. American Holidays and Observances, Birthday Celebration. Christmas.
Valentine’s Day, Hallowe’en. Mother’s and Father’s Days. Eating Outside the Home. Toys and
play. Perusing Fine Arts and Other Recreations. TV and Movies. Times demonstrated that
Alcohol and Drugs. Furthermore, serious Relations with Non-Muslim Friends and Relatives. 88
The Women’s Committee of the Muslim Students’ Association of the United States &
Canada,’ points out that as Muslim guardians bringing youngsters up in a non-Muslim society,
the objective ought to be to decipher an aggregate, in general, Islamic worth framework into
training in the various substantial circumstances which defy us—the expectation in talking about
the different components of bringing up our kids as Muslims. We can keep this absolute Islamic
edge of reference, its norms, values, and objectives as the main priority so much that we will
want to track down a strategy for getting around or through the non-Islamic perspectives and
principles we face in this public. In truth, aside from strict circles in this country, these are the
mentalities and principles of Jahiliyya- of a public that is oblivious to the motivations behind
man’s creation, relationship and obligation to his Creator, and the objectives for which he ought
to endeavor in this world. Like Muslims in times past in different corners of the world, we are
the trailblazers of Islam in this public, the guardians. Like numerous Muslim guardians who
lived in non-Muslim social orders in hundreds of years past, we should track down a lifestyle
choice in this Jahiliyya without engrossing its guidelines and without it hurting our kids or
annihilating their Islam. As the Muslim’ pioneers of prior times demonstrated that it very well
may be done, let us make an earnest and severe attempt toward this end. 89
They accept that there is a requirement for considering and settling issues which we
Muslim guardians who have some up our kids. There is a risk that many of us will awaken and
understand that the kids we have raised have created mentalities and conduct in a non-Islamic
manner. To manage these pain points have been characterized. There is no complex, quick
arrangement in large numbers of these areas. Aside from the specific, explicit orders of the
Qur’an and the Sunnah of Prophet Muhammed, peace be upon him, the thoughts which are
presented here are the best endeavors to manage a portion of the trouble spots and are to
I
Ibid., p. iv.
89
Ibid., p. v.
33
recommend potential options in contrast to the ongoing practices this public. None of these
thoughts is presented as an authoritative fatwa opinion and should not be taken accordingly. We
direct ourselves to acknowledge our endeavors and pard our endeavoring in His pat. It is trusted
that where there are many guardians, study or conversation bunches worried about raising
Muslim youngsters in America may be shaped conceivably involving as a manual to the
animated discussion. The director of the Women’s Committee of the Muslim Students’
Association of the United States and Canada will invite ideas and remarks from peruser,
presented in an Islamic soul of attempting to run after the best answer for everyday issues.
Muslims have tried to keep the Qur’an’s directives and the Prophet Muhammad’s sayings before
them, peace be upon him. 90
The Early Beginning of Islamic Law: The Qur’an and Sunnah
Hunt Janin and André Kahlmeyer think that basics of Islam can be best perceived under
four interlaced headings: The physical and social climate that molded its appearance.
Furthermore, the development of the prophet Muhammad himself, the teachings, sources, and
signs of traditional Islamic regulation, and the institutional construction of the Muslim world. 91
What was said by Hunt Janin and André Kahlmeyer is not an accurate description of
Islam but somewhat inaccurate. The reason is that it inserts divine principles into the human
applications of Muslims.
Narrated Ibn ‘Umar, may God be pleased with them, Allah’s Messenger, peace be upon
him, said: Islam is based on (the following) five (principles): 1. To testify that La ilãha illallah
wa anna Muhammad-ar-Rasul Allah (none has the right to be revered Allah yet and that
Muhammad is the Messenger of Allah). 2. Iqamat-as-Salat [to perform the (compulsory
congregational) Salat (prayers)].”). 3. To pay Zakat. 4. To perform Haj. (i.e., pilgrimage to
Makkah). 5. To observe Saum [fasts (according to Islamic teachings)] during the month of
Ramadan. 92
90
Ibid., p. vi.
91
Hunt Janin and André Kahlmeyer, Islamic Law: The Sharia from Muhammad’s Time to the Present (Jefferson,
North Carolina, and London: MacFarland & Company, Inc., Publishers, 2015), p. 9.
92
Muhamad bin 'Ismaeil ‘Abu Abdallah al-Bukhari al-Ju‘afi, al-Jam‘ie al-Musnad al-Ṣaḥiḥ al-Mukhtasar min 'Umur
Rasul Allah, Ṣalaa Allah ‘Alayh wasalam, Wasunanuh Wa'ayaamuh, edited by Muhamad Zuhayr bin Nasir al-Naasir
34
Islamic law starts with the revelation of the Qur’an to the Messenger of God; peace be
upon him.
Imam Mahmoud Shaltout points out that Fiqh prevailed over realizing a special kind of
science, the knowledge of religion that polite the souls, reformers of human beings, who achieve
happiness in this world and the hereafter. Al-Ghazali said in his book Ihya Ulum al-Din: “The
name of jurisprudence in the first era was given for the knowledge of the hereafter, the learning
of the subtleties of soul afflictions, the spoilers of deeds, the strength of the awareness of the
humiliation of this world, the intense aspiration to the bliss of the hereafter, and the seizure of
fear in the heart. The Almighty says: “So that they understand the religion and warn their people
when they return to them.” (The Qur’an, 9: 122). Al-Gazali said: “What happens with a warning
and intimidation is this jurisprudence without the ramifications of divorce, manumission, safety,
peace, and renting, for that does not result in warning or intimidation, but rather, detachment
from it always hardens the heart and removes fear from it.” A related terminology is attributed to
Abu Hanifa in defining jurisprudence: “Knowledge of the soul what it has and what it owes.”
This definition deals with beliefs, sentiments, and actions. Therefore, Abu Hanifa called it ‘al-
Fiqh al-Akbar,’ the greatest jurisprudence. 93
Dr. Mustafa Al-Zalami indicates that the Qur’an is all rulings; all its verses deal with an
issue of one of the worldly or the hereafter’s lives. By their classification, they are of five types
related belief, morality, consideration, universality, and practicality. 94
Therefore, scholars of Islamic law paid great attention to the Noble Qur’an as the first
source of Islamic jurisprudence. They were interested in knowing the reasons for revelation, the
relationships between verses, the commas, and vertex of verses, collecting faces and analogies,
the science of similarities, the science of ambiguities, the secrets of the openings, the surahs, the
knowledge of Meccan and Medini, the knowledge of the first revelations of the Qur’an and the
last of what was revealed. Jurisprudents were also interested in explaining the collection of the
Qur’an and those who memorized it from among the Companions. May God be pleased with
alnaashir (Dar Tawq al-Najaa, 1422 A.H. (msawarat ‘an alsultaniat bi'iidafat tarqim tarqim Muhamad Fuad ‘Abd al-
Baqi) First edition), Vol.1, p. 11, See also Al-Bukhari, Sahih Al-Bukhari, translated by Khan, Vol. 1, p. 58.
93
Mahmoud Shaltout, Fiqh al-Qur’an wal-Sunna: Al-Qisas (Eng. the Jurisprudence of the Qur’an and the Sunnah,
The Retribution) (Cairo: Al-Anjilo Al-Masriya, 1365 A.H. – 1946 A.D.), p. 5.
94
Dr. Mustafa al-Zalami, 'Usul al-Fiqh fi Nasijih al-Jadid (Eng. Usul al-Fiqh in its New fabric) (Dar Ihsan, 1435
A.H., 2014 A.D.), p. 45.
35
them, knowing their virtues, rulings, knowing the necessity of their frequency, and knowing Its
truth and metaphor, and knowledge of the methods and eloquent arts of the Qur’an, etc. 95
The Qur’an decided many of the legal rulings that Muslims have come to abide by, as
they are divine rulings that must be applied. From this, the Qur’an forbids eating dead animals.
In addition, the Qur’an forbids eating an animal that died before it was slaughtered. The people
of the pre-Islamic era considered it permissible to eat dead meat, so the Qur’an forbade that. The
Qur’an says: “173. He has prohibited you just the Maitah (dead creatures), blood, and pig tissue,
and that which is butchered as penance for others than Allah (or has been butchered for icons, on
which Allah’s Name has not been referenced while butchering). Yet, there is no transgression on
him if one is constrained by need without willful defiance nor violating due limits. Genuinely,
Allah is Oft-Forgiving, Most Merciful” (The Qur’an, 1: 173). 96
The scholars have agreed that blood is forbidden and impure, which is why they have
agreed that blood is prohibited, dirty, that cannot be eaten. And God, the Most High, has defined
it absolute here, and He specified it in Surat Al-An‘am bound to the Masfuh. And the verse
mentioned that pork is forbidden, so the scholars agreed that it is forbidden in all its parts. The
verse also mentioned that what a person intended for other than God is prohibited. But the verse
mentioned that the compelled is neither transgressing nor recurring, so there is no sin upon him.
Scholars have defined the concept of harm, which is the pain in which no benefit can be matched
or brought up, and it is the opposite of use. This is why abominable drinking medicines and
brutal acts of worship were not described as harmful because that would be harmful for a human
being. If forced to be taxable for him, impelling him, and the name of the impeller is not
achieved except for someone, and God creates it and has not had a capacity; it may be [the
compelled] people in need, but the refuge is made, and people in need are compelled
metaphorically. 97
95
Abu Abdullah Badr Al-Din Muhammad bin Abdullah bin Bahader Al-Zarkashi (died: 794 AH), al-Burhan fi
‘Ulum al-Quran (Eng. The Proof in the Sciences of the Qur’an,” edited by Muhammad Abu Al-Fadl Ibrahim, first
edition (Cairo: Dar Ihya al-Kutub al-Arabiya, 1376 A.H. – A.D.).
96
Al-Qadi Muhammad bin Abdallah ‘Abu Bakr bin al- ‘Arabi al-Ashibilii al-Maliki (died: 543hi), Aḥkām al-Quran,
(Eng. Rulings of the Qur’an), edited by Muhammad ‘Abd al-Qadir ‘Ata, third edition (Beirut: Aar al-Kutub al-
Ilmiyyah, 1424 A.H. – 2003 A.D.), Vol. 1, p. 77.
97
Ibn al-‘Arabi al-Maliki: “Aḥkām al-Quran,” Vol. 1, pp. 77 – 78.
36
The Sunnah is the second source of ruling in the history of Islamic jurisprudence. The
Sunnah includes many legal commands that a Muslim needs in various aspects. Among these
legal rulings, seawater’s purification and the dissolution of its dead water are pure, and nothing
makes it impure. The solution of the whale, locusts, liver, and spleen, and the occurrence of flies
in food and drink. Also, the Sunnah indicated the purity of what does not contain blood and the
impurity of what remains from the neighborhood, the prohibition of eating and drinking in gold
and silver utensils and their plates, and the provisions of ablution—relieving oneself in the
bathroom, the prohibition of speaking when relieving oneself, protecting the right hand from dirt,
the prohibition of facing the qiblah and turning it around when relieving oneself in the
bathroom.98
Islamic Law in the Era of the Rightly Guided Caliphs:
After the death of the Messenger of God, peace be upon him, the era of the Rightly
Guided Caliphs began. The Islamic lands started to expand, and the number of people who
embraced Islam increased, which led to new issues in Islamic jurisprudence that did not exist in
the Prophet’s era.
The era of the Rightly Guided Caliphs began with Abu Bakr al-Siddiq; may God be
pleased with him. Abu Bakr Al-Siddiq was one of the most prominent scholars of Islamic law
throughout the ages.
Abu Bakr al-Siddiq issued a fatwa on many critical legal issues. For example, if a father
needs something from his son’s money, he may take what he needs to meet his needs, not
exceeding that. A man said to Abu Bakr as-Siddiq, may God be pleased with him: O Caliph of
the Messenger of God, this one wants to take all my money and invade it. Abu Bakr said: “Only
You may have enough of his money to suffice you.” So, the father said: O caliph of the
Messenger of God, did he not say? The Messenger of God, peace and blessings be upon him,
98
To follow the legal provisions in the Sunnah, see Abu Al-Fadl Ahmed bin Ali bin Muhammad bin Ahmed bin
Hajar Al-Asqalani (died: 852 AH): “Bulugh al-Maram Min 'Adilat al-'Aḥkām”, edited by Samir bin Amin Al-Zuhri,
seventh edition (Riyadh: Dar Al-Falaq, 1424 A.H.).
37
said: “You and your property belong to your father.” Abu Bakr said: “What is meant by that is
alimony, be content with what God has promised you.” 99
As the laws of Allah controlled lives at the time of Abu Bakr, Allah allowed
predominance to the Companions. They quickly established the rules of Allah and applied them
to themselves and their families. They were earnest towards Allah regarding alluding to His
regulations concerning all issues. In this manner, Allah upheld and reinforced them; He allowed
them to triumph against the renegades and gave them security and solidness. Allah has
mentioned: “Those who accept and do not blend their faith in with unfairness will have safety,
and they are [rightly] directed.” The guarantee of Allah to help the individuals who support His
goal was satisfied for their situation. He ensured that the people who stick stanzas characterize
the circumstances that should be met to win: confidence, in all feelings of the word, with all its
fundamentals; to be deeds of numerous types. 100
The necessities for winning are: laying out the petition, paying zakâh, and submitting it to
the Messenger. This large number of conditions and prerequisites were satisfied during the time
of Abu Bakr and the Rightly-Guided Caliphs after him. Abu Bakr helped the Ummah to
remember these circumstances. He rejected the solicitation of the Bedouins to postpone zakâh for
them, demanded sending the multitude of Usâmah, and stuck to Islamic law in full, not thinking
twice about any matter, extraordinary or little. 101
The Era of the Diligent Imams:

This era witnessed the emergence of imams of well-known Islamic schools of thought,
especially the doctrine of Imam Abu Hanifa, Imam Malik, Imam Shafi‘i, and Imam Ahmad.
However, Imam Abu Hanifa is one of the most prominent imams that the history of Islamic
jurisprudence has witnessed.
By Abū Ḥanīfah’s time, a massive group of lawful conventions had aggregated because
of the undertaking to apply Islamic standards to legitimate issues. The conflicts in these
conventions had significantly advanced a uniform code. Abū Ḥanīfah answered by examining the
99
Muhammad Rawas Qal‘aji, Muasu‘at Fiqh 'abi Bakr al-Siddiq (Eng. Encyclopedia of Abu Bakr Al-Siddiq’s
Jurisprudence,” first edition (Damascus: Dar Al-Fikr, , 1403 A.H. – 1983 A.D.), p. 20.
100
Dr. Ali M. Sallabi, Abu Bakr As-Siddeeq: His Life and Times (Riyadh: International Islamic Publishing House,
2013), pp. 420-421.
101
Dr. Ali M. Sallabi, Abu Bakr As-Siddeeq: His Life and Times, p. 421.
38
ongoing precepts jointly with his understudies and a few remarkable researchers. He had each
legitimate issue talked about before forming any canons. Before Abū Ḥanīfah’s time,
conventions had been figured out primarily because of fundamental problems, while he
endeavored to tackle the issues that could emerge from now on. By presenting this strategy, the
area of regulation was extensively developed. Considering this development of the limits of law
and given Abū Ḥanīfah’s, to some degree, realist direction and his hold about customs that were
not exceptionally confirmed, his school was here and there wrongly upbraided as the school of
raʾy (free assessment), instead of that of Hadith (legitimate practice). 102
In his book (The Greater Jurisprudence), Abu Hanifa discusses many of the most
prominent topics of the Islamic faith, like the origins of religion, the oneness of God Almighty,
God’s attributes, saying about the Messenger, peace be upon him, comparison between the
companions, a Muslim does not atone for sin unless he considers it lawful, and definition of
faith. Abu Hanifa also searches in his book other topics like the relationship between Islam and
faith, our knowledge of God Almighty, the intercession of the Prophets, Heaven, and Hell are
endless, and the torment of the grave. Abu Hanifa said that jurisprudence in religion is better than
jurisprudence in rulings. For a man to understand how to worship his Lord is better for him than
gathering a lot of knowledge. 103
After the end of the four schools of thought era, the era of tradition began, and many
essential scholars appeared in this period, such as Al-Tahawi, Al-Ghazali, Al-Juwayni, Al-Razi
Al-Babarti, and others.
Islamic Fiqh in the Modern Age:
The modern era witnessed the emergence of many prominent Muslim jurists and scholars
of Islamic law, who contributed significantly to answering contemporary legal problems and
issues. Among them is the Greatest Imam Shaltout.
Mahmoud Shaltout (1310 - 1383 A.H. = 1893 - 1963 A.D.). Egyptian jurist and
interpreter. He was born in Minya Bani Mansour (in the lake) and graduated in Al-Azhar (1918),
102
Ansari, Zafar Ishaq. “Abū Ḥanīfah". Encyclopedia Britannica, 1 Jan. 2022,
https://www.britannica.com/biography/Abu-Hanifah. Accessed 25 April 2022.
103
Abu Hanifa (died: 150 AH), Al-Fiqh Al-Akbar (Eng. The Greater Jurisprudence), p. 82.
39
and moved into teaching until he was transferred to the Higher Department in Cairo (1927) and
was an advocate of reforming the yoke of the idea, saying to open the door of ijtihad. He sought
to improve Al-Azhar, but some senior sheiks opposed him and expelled him and his supporters.
He was a gifted orator with a bass voice. He has twenty-six printed books, including (Al-Tafsir)
parts in a volume. Some of his books have not been completed (The Shariah Ruling on
Replacing Criticism with Guidance), (The Qur’an and Women) a short book, (The Qur’an and
fighting), (This is Islam), and (The Element of Eternity in Islam). Imam Shaltout published more
books like (Islam and Social Solidarity) and (Jurisprudence of the Sunnah), the First of it,
(Morning Hadiths on the Radio) and (Social and Legal Chapters) and (Islamic Sharia‘s Ruling on
Birth Control) lecture (The Muhammadan Call), a short book, and (Jurisprudence of the Qur’an
and Sunnah), Part One, and (Fatwas), (Guidance of Islam), (Islam is Creed and Sharia) and
(Islam and International Existence). 104
Imam Mahmoud Shaltout clarifies that Islam is the religion of God, who recommended
its principles and laws to the Prophet Muhammad, peace be upon him and assigned him to
convey it to all people and invite them to it. In it, Muhammad received the Noble Qur’an from
his Lord. He brought it as he had received it, explained God’s command and guidance, and
implemented its texts by action. The people received it from him generation after generation, as
he received it from his Lord until it reached us, as it was revealed, frequently. There is no doubt
that the Qur’an is a book of God. The definitive argument was established for those who looked
at the Qur’an, knew its style, contemplated its meaning and contents, then encompassed the
upbringing of Muhammad and the environment from which it grew and changed in it. It could
not have been the work of Muhammad, nor the creation of a human being who received it from
him, and, with that, whoever submits his heart to the actual beliefs. It is from God, He revealed it
to Muhammad, whom He chose as a Messenger, and Muhammad conveyed it to the people.
Thus, the Qur’an was, for those who believed in it, a source of the religion’s beliefs and the
principles of its rulings and laws. God has recorded, in the Qur’an itself, the inability of human
beings to come up with the like of it and evidenced it. 105
104
Al-Zarkali, “Al-Alam,” 15th edition (Beirut: Dar Al-Ilm for Millions, 2002), Vol. 7, p. 137.
105
Mahmoud Shaltout, Islam ‘Aqidah and Shari‘ah (Eng. Islam is a Doctrine and a Law,) eighteenth edition (Cairo:
Dar al-Shorouq, 1421 A.H. – 2001 A.D.), p. 7.
40
Imam Shaltout shows that the human understanding of Islam is a religion it adheres to.
The Qur’an has been linked to the understanding of scholars and imams. From this aspect, the
field of human thought expanded. Opinions and doctrines abounded in theories and operations,
not as a religion that adheres to, but as opinions and understandings of what is from the Qur’an
subject to ideas and understandings, in which everyone who saw them refers his statement to the
significance that he understood from the Qur’anic text. This deed was not one of these imams,
and their belief was only individual ijtihad, and none of them required any of the people to
follow him. Instead, they are left to others who understand the freedom to think and consider the
soul. The original beliefs, such as the belief in God and the Last Day, the principles of Sharia,
such as the obligation of prayer, zakat, and the sanctity of self, honor, and money; their rulings
came in the Qur’an as clear evidence that they were not a mere human interpretation or
understanding. 106
According to Imam Shaltout, this nature of Islam indicates that it is a religion that
accommodates rational, intellectual freedom. Beyond its original beliefs and the foundations of
its legislation, it does not stand on a single way of thinking or a single method of ruling. With
that freedom, it was a religion, keeping pace with correct cultures and beneficial civilizations.
From which the mind agrees with humanity’s goodness and progress, the mind has been
elevated, and life has grown. 107
Islamic International Law:
But Islamic law is present in global changes, especially in the legal fields. So instead,
through the following, we will observe the effectiveness of Islamic jurisprudence in this field.
International law is one of the issues discussed in contemporary Islamic fiqh. Islamic
researchers, who find legitimate authority with God, can’t effectively independent regulation and
conviction. The public worldwide regulation arrangement of requests without shared belief isn’t
accessible to Islamic researchers to the extent that Islam educates their work. In any case, the
collection stays alluring in its benefits because it is the structure utilized by the non-Islamic
world to verbalize the enormous scope of political plans. Global regulation is a constant
106
Ibid., p. 8.
107
Ibid., p. 9.
41
endeavor for Islamic researchers to accommodate Islamic power and the Western class. They
sway between the reception of the Western arrangement, the secularization of global lawful
authority, and the reexamination of the customary Islamic position, which cannot be kept up
within the contemporary world. The contentions they make inside Western classes are not
legitimate to a Muslim. The contentions they make from Islamic authority do not defy the
political association of the contemporary world. In any case, an Islamic global regulation would,
in case this instability, and the classes of current governmental issues, notwithstanding their
Western legacy, would be legitimated, that is, delivered Islamically definitive. 108
Khaled Abou El Fadl argues that the truth, in any case, is that a long way from fostering
these regularizing driving forces in their custom, Muslims in the contemporary, post-provincial
age turned out to be fairly fixated on the rational theology of demonstrating the fundamental
similarity between Islamic religious philosophy and regulation, and worldwide regulation,
however not going much past that. One frequently feels that in Islamic standardizing
conversations, the compromise between the Islamic practice and the apparent requests for global
regulation may be an adequate moral reaction to the difficulties that defy the worldwide local
area. Contemporary Muslim investigations demonstrate that Islamic standards are reconcilable
with legitimate worldwide guidelines. Be that as it may, generally, considering the developing
issues of constrained movement and uprooted populaces, contemporary Muslims have not
utilized their moral practice to evaluate the impediments and surpass the assumptions for
worldwide regulation. Put gruffly, regarding constrained movement and dislodging, mooring
themselves on the ethical push of their practice, Muslims might have surpassed existing global
regulation principles. 109
Dr. Wahba al-Zuhaili portrays the standards overseeing global regulation and worldwide
relations from an Islamic perspective. In the wake of introducing the guidelines and standards for
managing international relations in the Islamic framework, the Creator stresses the measures of
108
David A. Westbrook, Islamic International Law and Public International Law: Separate Expressions of World
Order, 33 Va. J. Int'l L. 819 (1993), p. 829. Available at: https://digitalcommons.law.buffalo.edu/journal_articles/615
P. 829.
109
Khaled Abou El Fadl, “Islamic Ethics, Human Rights and Migration,” in Migration and Islamic Ethics Issues of
Residence, Naturalization and Citizenship Series: Studies in Islamic Ethics, Volume: 2 Volume Editors: Ray
Jureidini and Said Fares Hassan, Studies in Islamic Ethics, Editorial Board Editorial Board, Mutaz al-Khatib,
Mohammed Ghaly, Managing Editor Abdurraouf Oueslati (Leiden, London: Brill, 2019), pp. 16 – 17. Available at
https://brill.com/view/title/55481
42
sway and non-obstruction in the inward issues of different States and the desire of Islam for
harmony and agreement. He proceeds to make sense of the connection between Muslims and
others in peace or case of war and the traditional jurisprudential division of the world into the
habitation of Islam (dar al-Islam) and that of war (dar al-Harb). In conclusion, he frames the
limitations forced upon fighting by Islamic Shari‘a regulation which has achieved the situation
with legitimate principles. 110
Dr. Wahba al-Zuhaili indicates that Muslims are focused on Almighty God’s direction, as
communicated in the Qur’an when He affirms the solidarity among animals and the Creator, the
solidarity of humankind, and completely fledged human fellowship. All-powerful God is the
Creator, and individuals are His creation, and His will and shrewdness expect that individuals be
different in their knowledgeable personnel, feelings, thoughts, convictions, and tenets.
Individuals can pick what is to their most significant advantage, considering the heavenly
disclosure and the messages of reformist prophets and messengers from antiquated times to the
Seal period (the remainder) of the Prophets, Mohammed Ibn Abdullah, peace be upon them all.
After settling on their decision and incorporating their opportunity, individuals are liable for their
preferred sufficiency. Their commitment is to pick what is to their genuine advantage to
accomplish their salvation and bliss in this life and the great beyond. 111
Belief and Islamic Law:
Islamic law differs from positive law in that it is linked to belief in revelation and the
religion revealed by God to His Prophet Muhammad; peace be upon him. As Muslims believe,
Islamic law derives from Islamic law or legal rulings in the Qur’an and the Sunnah of the
Prophet Muhammad, peace be upon him. Thus, the Muslim believes voluntarily and with
conviction in the legal provisions derived from the Islamic Shari‘a and works to apply them in
his daily life, whether in the field of the individual, the family, or the community.
110
Sheikh Wahbeh al-Zuhili, “Islam and International Law,” in International Review of the Red Cross, Volume 87
Number 858 June 2005, p. 269. From https://www.icrc.org/en/doc/assets/files/other/irrc_858_zuhili.pdf
111
Sheikh Wahbeh al-Zuhili, “Islam and International Law,” p. 272.
43
Reference is made to faith in the Qur’an and the Sunnah of the Prophet. For example, the
Qur’an says: “25. And give glad tidings to those who believe and do righteous good deeds, that
for them will be Gardens under which rivers flow (Paradise). Every time they will be provided
with a fruit therefrom, they will say: “This is what we were provided with before,” and they will
be given things in resemblance (i.e. in the same form but different in taste) and they shall have
therein Azwajun Mutahharatun (purified mates or wives), (having no menses, stools, urine, etc.)
and they will abide therein forever” (The Qur’an, 2: 25).
“62. Verily! Those who believe and those who are Jews and Christians, and Sabians,
whoever believes in Allah and the Last Day and do righteous good deeds shall have their reward
with their Lord, on them shall be no fear, nor shall they grieve.” (The Qur’an, 2: 62).
“257. Allah is the Wali (Protector or Guardian) of those who believe. He brings them out
from darkness into light. But as for those who disbelieve, their Auliya (supporters and helpers)
are Taghut [false deities and false leaders, etc.], they bring them out from light into darkness.
Those are the dwellers of the Fire, and they will abide therein forever.” (The Qur’an, 2: 257). 112
If we searched in the Sunnah of the Prophet, we would find that faith is related to belief,
action, and commitment to the legal and moral provisions of the individual and society. And to
love and hate for Allah’s sake is a part of faith. ‘Umar bin ‘Abdul ‘Aziz wrote to ‘Adil Bin ‘Adil
“Belief includes Farã'id (enjoined duties), legal laws and Hudüd (Allah’s boundary limits
between lawful and unlawful things) and Sunan [legal ways and deeds (acts) of worship etc.].
And whoever follows (and acts on) all of them completely, has a complete belief, and whoever
does not follow them completely (does not act on them), his belief is incomplete. And should I
live, I will tell you all about them so that you may act on them. And should I die, I am not
anxious to have your company.” And the Prophet Ibrahim (Abraham), peace be upon him, said,
“But to be stronger in faith” (V.2:260). Mu'ãdh said (to Aswad bin Hilãl, one of his companions),
“Let us sit for a while so that we may dedicate that period of time to faith.” lbn Mas‘ud said,
“Yaqin is perfect faith.” And Ibn ‘Umar said, “A person cannot attain true sense of piety unless
and until he removes all suspicions from his heart." (i.e. gives up all kinds of polytheism, evil
deeds, and doubtful things, and start doing righteous good deeds regularly). And Mujãhid said,
112
44
“He (Allah, the Almighty,) has ordained for you... (V.42:13) means “O Muhammad (peace be
upon him,)! We have ordained for you and him (Noah) one religion (i.e. Islamic Monotheism);
And Ibn ‘Abbas explained: “A law and a clear way” (V.5:48) as Islamic way and Sunna
113
(traditions of the Prophet, peace be upon him). Thus, the Islamic faith includes belief in the
114 115
messengers and divine message, belief in the existence of jinn and angels, belief in the
divine will and destination 116 belief in the paradise and hell, 117 belief in the day of resurrection,
118
and the minor resurrection. 119
In the following hadith, we notice the close connection between faith and Shari‘a in
Islam:
One of the matters of faith in Islam is not to harm others. A Muslim is the one who avoids
harming Muslims with his tongue and hands. Narrated ‘Abdullãh bin ‘Amr, may Allah be
pleased with him: The Prophet; peace be upon him, said, “A Muslim is the one who avoids
harming Muslims with his tongue and hands. And a Muhãjir (emigrant) is the one who gives up
(abandons) all what Allah, the Almighty has forbidden.” 120
‘Adullâh said: “The Messenger of Allah, peace be upon him, said: ‘Islam is built on five
(pillars): Testimony that none has the right to be worshipped but Allah and that Muhammad is
His slave and Messenger, establishing the Salât, paying the Zakât, pilgrimage to the House, and
fasting (during the month of) Ramadân.” 121
113
Sahih al-Bukhari, Vol. 1, p. 57.
114
See Dr. ‘Umar S. al-Ashqar, The Messengers and Messages in the Light of the Qur’an and Sunnah, translated by
Nasiruddin al-Khattab, English edition 2 (Riyadh: International Islamic Publishing House, 2005) (Islamic Creed
Series 4).
115
See Dr. ‘Umar S. al-Ashqar, The World of the Jinn and Devils in the Light of the Qur’an and Sunnah, translated
by Nasiruddin al-Khattab, English edition 2 (Riyadh: International Islamic Publishing House, 2005) (Islamic Creed
Series 3).
116
See Dr. ‘Umar S. al-Ashqar, The World of the Noble Angels in the Light of the Qur’an and Sunnah, translated by
Nasiruddin al-Khattab, revised English edition 3 (Riyadh: International Islamic Publishing House, 2005) (Islamic
Creed Series 2).
117
See Dr. ‘Umar S. al-Ashqar, The Final Day: Paradise and Hell in the Light of the Qur’an and Sunnah, Nasiruddin
al-Khattab, English edition 5 (Riyadh: International Islamic Publishing House, 2005) (Islamic Creed Series 7).
118
See Dr. ‘Umar S. al-Ashqar, The Final Day: The Day of Resurrection in the Light of the Qur’an and Sunnah,
translated by Nasiruddin al-Khattab, English edition 5 (Riyadh: International Islamic Publishing House, 2005)
(Islamic Creed Series 6).
119
See Dr. ‘Umar S. al-Ashqar, The Final Day: The Minor Resurrection (What happened after death in the Light of
the Qur’an and Sunnah), translated by Nasiruddin al-Khattab, English edition 5 (Riyadh: International Islamic
Publishing House, 2005) (Islamic Creed Series 5).
120
121
Imam Abul Hussain Muslim ibn al-Hajjaj, Sahih Muslim, Vol. 1, p. 107.
45
It is faith to feed food and peace upon those you know and those you do not know.
Narrated 'Abdullãh bin ‘Amr: A man asked the Prophet, peace be upon him, “Whose Islam is
good” or “What (sort of) deeds in (or what qualities of) Islam are good?” The Prophet, peace be
upon him replied, “To feed (others), and to greet those whom you know and those whom you do
not know.”122
It was narrated from Ibn ‘Abbâs that when the Messenger of Allah, peace be upon him,
sent Mu ‘ādh to Yemen, he said: “You are going to some of the people of the Book, so let the
first thing to which you call them be the worship of Allah, the Mighty and Sublime (alone). If
they acknowledge Allah (as One), then tell them that Allah has enjoined upon them five prayers
to be offered every day and night. If they do that, then tell them that Allah has enjoined on them
Zakât to be taken from their wealth and given to their poor. If they accept that, then take it from
them, but beware of (taking) the best of their wealth.” 123
Narrated ‘Ubãda bin As-Samit, may Allah be pleased with him, who took part in the
battle of Badr and was a Naqib (a person heading a group of six persons), on the night of Al-
Aqaba Pledge: Allah’s Messenger said while a group of his Companions were around him, “Give
me the Bai‘ah (pledge) for: 1. Not to join anything in worship along with Allah. 2. Not to steal. 3.
Not to commit illegal sexual intercourse. 4. Not to kill your children. 5. Not to utter slander
intentionally forging falsehood (i.e., by making illegal children belonging to their husbands) or
(not to accuse an innocent person and to spread such an accusation among people). 6. Not to be
disobedient (when ordered) to do Ma‘rūf (Islamic Monotheism and all other good deeds) (The
Prophet added): “Whoever amongst you fulfils his pledge will be rewarded by Allah, the
Almighty. And whoever indulges in any one of these (sins) gets the punishment in this world,
that punishment will be an expiation for that sin. And if one indulges in any of them, and Allah
conceals (his sin), it is up to Him to forgive or punish him (in the Hereafter).” ‘Ubada bin A-
Samit added: “So we gave the Bai‘ãh for these.” (Points to Allah’s Messenger, peace be upon
him). 124
Imam Al-Ghazali summarizes the principles of faith in Islam as follows: To have

confidence in His Greatness. He is without body and structure, liberated from limitation,
122
123
Sahih Muslim, Vol. 1, pp. 113 – 114.
124
46
restriction, and similarity, not separable. Nothing comes close to Him, and He is not like
anything. He is not restricted by measure or reality. He is liberated from steadiness, rest, and
change. Everything is in His grip. He is above Arsh (the throne), above paradise, or more
everything. He is, in any case, underneath the most profound profundity. However, He is close,
exceptionally near a thing, closest to the jugular vein of a man. He is not in anything, and
nothing is in Him. He is past space and past time. He puts himself out there through. He is
liberated from change, increment, or abatement. 125
Imam al-Ghazali adds to believe in his existence and power. He is Ever living, Al-strong,
All-powerful, the incomparable Destroyer. He is liberated from shortcomings and
disappointments, sleep, rest, infection, and passing. He is the Ruler of the whole universe, points,
and of everything. The sky is moved in His grasp. He is creative in the creation and unmatched
in ever-new manifestations. He fixed the arrangement and passing of made being, and nothing
can escape from His power. To trust in His Insight. His insight is unbounded, and He knows it
all. Whatever occurs between the most profound void of the earth to the most noteworthy
paradise is inside His insight. The littlest molecule on the earth or in paradise is not outside His
insight. He knows the crawling of an insect and on a strong stone on an extremely dull evening.
Everything is open, and mystery is inside His insight: Each thought is a primary concern, each
creation of Satan, and each everlasting and limitless with next to no increment or decline and
with next to no surrender. 126
Imam al-Ghazali clarifies that Islamic belief includes to put trust in Allah’s will, nothing
appears little or extraordinary, great or wickedness, benefitting or not benefitting, confidence or
treachery, known or obscure, benefit or misfortune, sin or ideals without His request, influence,
and will what He will appear. What He does not will not come into being. Not a look of the eye,
not a wanderer, unexpected idea in that frame of mind outside His will. He does what He wills.
There is none to revoke His order; there is no snag to it. There is no shelter for one who is
insubordinate to him. There is none to follow His order without His will. To put stock in His
hearing and sight. He hears and sees. His hearing and sight are invading. Nothing inadequate can
125
Imam Ghazzali, Ihya Ulum-id-in (Eng. Revival of Religious Teachings), translated by Al-Haj Maulana Fazl-ul-
karim, seventeenth impression (New Delhi: Islamic Book Service, 2019), Vol. 1, p. 104.
126
Ibid., Vol. 1, p. 99-100.
47
escape from His hearing, and nothing inconspicuous can go from His presence. Distance is no
bar to His hearing and seeing; distance and proximity are equivalent to Him. 127
Imam al-Ghazali adds to put stock in the most natural-sounding way for Him. God talks
without sound. He is everlasting, antiquated, and self-existing, not at all like the discussions of
the made. His discussion is without sound. He has no association with the flow of air. He does
not take the assistance of words and dialects through the development of lips. The Qur’an, the
Book of scriptures, the Gospel, and Psalms are His revealed books to His Prophets. The Qur’an
is recounted by the tongue, written in papers, and safeguarded in the heart; in any case, it is
everlasting, existing with God’s unending length of time. He is Wise in His activities and Just in
His decisions. His equity is not like that of men. Whatever exists on the planet, men, jinn, holy
messengers, demons, paradise, earth, creatures, plants, and lifeless things emerge from only His
power to put stock in different words. It is to authenticate the prophethood of Muhammad, peace
be upon him. God sent the Prophet Muhammad as a messenger to every one of the Middle
Easterners and non-Bedouins, to the jinn and men, and by his regulation, he repealed any
remaining regulations. He gave him prevalence over any remaining Prophets. He made him head
of humanity and did not have total confidence in the expressions of Tauhid till it was trailed by
128
the verification that Muhammad was His messenger and missionary.
Islamic faith in God, according to al-Ghazali, includes to believe that Allah is the Wise in
His activities and simply in His decisions. His equity is not like that of men. Whatever exists on
the planet, men, jinn, holy messengers’ demons, paradise, earth, creatures, plants, lifeless things
emerge from only by His power.
Sharia, Arabic sharīʿah, is the essential strict idea of Islam — specifically, it is regulation.
The strict law of Islam is viewed as the statement of God’s order for Muslims and, in the
application, is an arrangement of obligations that are occupant upon all Muslims by the
ethicalness of their strict conviction. Known as the sharīʿah (in a real sense, “way prompting the
watering place”), the law addresses a supernaturally appointed way of direction that guides
127
Ibid., Vol. 1, p. 100.
128
Ibid., Vol. 1, pp. 100-101.
48
Muslims toward a down-to-earth articulation of strict conviction in this world and the objective
of heavenly blessing on the planet to come. 129
The word ‘aqeedah and related words are continually rehashed by individuals in their
ordinary discussions. Anyway, we hear them saying: I accept such and such, (This and that
conviction is sound). The Islamic ‘aqeedah is the most significant reason for the vast Islamic
triumphs in without fail and put; what do individuals mean by the word ‘aqeedah (confidence)?
What does this word mean in Arabic? What is the idea of ‘aqeedah (faith) in Islam? ‘Aqaa’id
(plural of ‘aqeedah) are the things individuals’ hearts confirm and have faith in, which they
acknowledge (as precise). These are matters held as specific convictions without any disgrace or
uncertainty. 130
In the old-style structure, Noel Coulson argues, the sharia varies from Western regulation
frameworks in two chief regards. In any case, the extent of the sharia is a lot more extensive
since it controls the singular’s relationship not just with neighbors and with the state, which is
the restriction of most other general sets of laws, yet in addition with God and with the person’s
own still, small voice. Ceremonial practices — like the day-to-day petitions (ṣalāt), almsgiving
(zakāt), fasting (ṣawm), and journey (hajj) — are an essential piece of sharia regulation and
generally possess the first parts in quite a while. The sharia is concerned as much with moral
norms as with legitimate standards, demonstrating what an individual is qualified or destined for
regulation and what one should, in still, small voice, do or shun doing. In like manner, certain
demonstrations are named excellent (mandūb), implying that their exhibition brings divine
blessing and oversight of divine disapproval, and others as culpable (makrūh), which has the
contrary ramifications. Be that as it may, in neither one of the cases is there any legitimate
approval of discipline or award, nullity or legitimacy. The sharia is hence not simply an
arrangement of regulation but an extensive code of conduct that embraces private and public
exercises. 131
Noel Coulson believes that the second significant qualification between the sharia and
Western laws results from the Islamic idea of the law as the outflow of the heavenly will. With
129
Coulson, Noel James and Shamsy, Ahmed El. “sharia.” Encyclopedia Britannica, 29 Mar. 2023,
https://www.britannica.com/topic/Shariah. Accessed 17 May 2023.
130
‘Umar S. al-Ashqar, Belief in Allah: In the Light of the Qur’an and Sunnah, p. 29.
131
Coulson, Noel James and Shamsy, Ahmed El. “sharia.” Encyclopedia Britannica, 29 Mar. 2023,
https://www.britannica.com/topic/Shariah. Accessed 17 May 2023.
49
the demise of the Prophet Muhammad in 632, direct correspondence of the divine will to people
stopped, and the provisions of the heavenly disclosure were, from now on, fixed and unchanging.
The general picture of the sharia is consequently one of perpetual coherence, a feeling that, by
and large, turns out as expected for some areas of the law, like custom regulation. Nonetheless,
disclosure can be deciphered in changing ways, and, over the long run, the variety of potential
translations has delivered a comprehensive exhibit of positions on almost every mark of
regulation. In the premodern period, the ʿulamāʾ (strict Muslim researchers) held syndication
over understanding the law. Yet, since the nineteenth century, Westernized elites and laypeople
have tested their imposing business model. The subject of which translations become
regularizing at some random time is perplexing. Early Western investigations of Islamic
regulation had the perspective that while Islamic law formed Muslim social orders, the last
option consequently had no impact on Islamic principles. In any case, this position has become
unsound. Prevailing burdens and shared interests significantly impact the act of Islamic
regulation, specifically settings — both in the premodern period and much more prominent in the
cutting-edge time. 132
For these standards to shape ‘aqeeda, we should put stock in them solidly, with no space
for uncertainty; if there is any component of uncertainty, then they are only hypotheses, not
'aqeedah (conviction). “Al-Mu‘jam al-Waseet” characterizes ‘aqeedah as a faith where the person
who holds that conviction will not engage in any uncertainty. 133
‘Islamic regulation’ alludes to the assorted general sets of laws that have been and keep
being delivered with the target of being as per the Islamic confidence. Islamic broad groups of
laws work in various and here and there irregular ways. The solitary term ‘Islamic regulation’
should not be perceived as proposing the shortfall of legitimate polycentricity (different
gatherings and foundations create Islamic regulation) or legal pluralism (inside Islamic social
orders, since Islamic and non-Islamic general sets of laws coincide). There are substantial
verifiable and meaningful qualifications between ‘Islamic regulation’ and ‘Muslim legalities’
(the overall collections of statutes used by Muslims). ‘Islamic regulation’ alludes to juristic
translations (fiqh) of heavenly regulation (sharīʿah); ‘Muslim legalities’ alludes to either state
132
Ibid.
133
‘Umar S. al-Ashqar, Belief in Allah: In the Light of the Qur’an and Sunnah, pp. 30 – 31.
50
regulation (where Muslims are the more significant part or minority) or the legitimate acts of
non-state Muslim people group. 134
On the Connection between ‘Aqeedah and Shari‘ah, Dr. ‘Umar S. al-Ashqar, brings up
that there are two states of confidence: ‘aqeedah, which is deeply established in the heart, and
deeds which manifest themselves in an individual’s activities. If both essential parts are missing,
eeman is lost or becomes unbalanced. Thus, the association between these two components is
vital. Eemaan is 1ike a decent, solid tree firmly established in great soil with branches venturing
high up, bearing plentiful natural products, creating its organic product for everybody by the
beauty of its Master. Accordingly, eemaan is the tree; ‘aqeedah is established profoundly in the
heart, and its trunk, branches, and organic products are deeds and activities. Without a doubt, if
the roots are taken out or turned spoiled or evaporated, they will never again exist. Likewise,
eemaan will not exist anymore if ‘aqeedah is removed. Assuming the storage compartment or
branches are cut off, or some of them are cut off, the tree will weaken and may kick the bucket
by and large, on the grounds that the presence of branches and leaves are fundamental for the
tree’s proceeded with presence. Similarly, if deeds are dismissed, to a limited extent or in entire,
the eemaan will be decreased or obliterated. 135
Therefore, it can be said that Islamic law is linked to the individual’s belief in God and
His Messenger, Muhammad, may God bless him and grant him peace. The believer voluntarily
adheres to the legal rulings in Islam because they are part of his belief, and he believes that
applying these legal rulings will benefit him in this world and the hereafter.
Scholars of Islamic jurisprudence refer to God’s observance in worship for a person to

feel that he is in the hands of God Almighty due to the power of witnesses and permanent
presence, even if he sees God Almighty and recalls that he sees him. 136
In his book On the Fundamentals of Islamic Jurisprudence, Imam Al-Bazdawi explains

the necessity of believing in God Almighty as He is in His Names and Attributes in reality. Imam
Abd al-Aziz al-Bukhari al-Ḥanafi explains this phrase with a statement that al-Bazdawi
134
Lena Salaymeh, “Islamic Law,” in International Encyclopedia of the Social & Behavioral Sciences (Second
Edition), 2015, from https://www.sciencedirect.com/topics/social-sciences/islamic-law
135
‘Umar S. al-Ashqar, Belief in Allah: In the Light of the Qur’an and Sunnah, p. 41 – 42.
136
Hasan bin Muhammad bin Mahmoud al-Attar al-Shafi‘i (d. 1250 AH), Ḥāshiat al-‘Atār ‘Alaa Sharḥ al-Jalal al-
Maḥalli ‘Alaa Jam‘ al-Jawam‘ (Eng. Hashiyat al-‘Attar on the Explanation of al-Jalal al-Maḥalli on the Jam‘ al-
Jawam‘ (Beirut: Dar al-Kutub al-Ilmiyyah), Vol. 2, p. 477.
51
mentioned that because faith is the basis of worship, which is belief in the Oneness of God, His
existence, and His names such as the All-Knowing, the Powerful, the Wise, and all His most
beautiful names and attributes such as knowledge, power, life, and all His sublime attributes. 137
Al-Taftazani believes that jurisprudence is a ratification of legal issues related to how to

work, certification obtained from the detailed evidence set up in the law. 138
Al-Subki mentions that faith in Sharia is a special ratification, which is the ratification of
the Messenger, may God’s prayers and peace be upon him, in all that has been known to come
with necessity. 139
The jurists explain that faith is the acknowledgment of the tongue and belief in the heart,
and it is the acknowledgment of the Oneness of God and His eternal attributes and of all the
Books that came from Him. Therefore, a Muslim must believe this in his heart and acknowledge
it with his tongue. 140
The Wisdom of Purity:
Tahāra (Arabic: “purity”) is an arrangement of custom immaculateness in Islam. This

framework depends on two premises: the first is that people slip by from a state proper to a
custom movement because of specific real demonstrations, like crap, sex, or period. Second,
specific substances, for example, pork or blood, are either messy essentially or contaminate a
space, individual, or item, delivering it unsuitable for custom use. In the two cases, the
unsuitableness of the thing or individual can be helped by the custom utilization of water or a
simulacrum (sand, clean stone, etc.). 141
137
Abd al-Aziz al-Bukhari bin Ahmad bin Muhammad, ‘Ala al-Din al-Bukhari al-Ḥanafi (d. 730 AH), “Kashf al-
‘Asrar Sharḥ ‘Uṣul al-Bazdawi” (Eng. Kashf al-Asrar: Explanation of the Origins of al-Bazdawi) (Beirut: Dar al-
Kitab al-Islami), Vol. 2, p. 345.
138
Saad al-Din Masoud bin Omar al-Taftazani (d. 793 AH), Sharḥ al-Talwiḥ ‘Alaa al-Tawdiḥ (Eng. Explanation of
the Waving on the Explanation (Cairo: Sobeih Library, Egypt), Vol.1, p. 20.
139
Taqi al-Din Abu al-Hasan Ali bin Abd al-Kafi bin Ali bin Tammam bin Hamid bin Yahya al-Subki and his son Taj
al-Din Abu Nasr Abd al-Wahhab, Al-Ibhaj fi Sharḥ al-Minhaj (Eng. The Path of Access to the Knowledge of Usul)
by Judge al-Baydawi, died 785 AH)” (Beirut: Dar al-Kutub al-Ilmiyyah, 1416 AH - 1995 AD), Vo. 1, p. 283.
140
Zain al-Din bin Ibrahim bin Muhammad, known as Ibn Nujaim al-Maṣry (died: 970 AH), Al-Baḥr al-Raayiq
Sharḥ Knz al-Daqayiq, At the end of it: The Complementary of al-Baḥr Al-Ra’iq by Muhammad bin Hussain bin Ali
Al-Turi Al-Ḥanafi Al-Qadri (d. after 1138 AH): And footnote: “Minḥat al-Khaliq,” The Creator’s grant to Ibn
Abdeen second edition, (Beirut: Dar Al-Kitab Al-Islami), Vol. 8, p. 205.
141
See Britannica, The Editors of Encyclopaedia. “ṭahāra.” Encyclopedia Britannica, 27 Oct. 2016,
https://www.britannica.com/topic/tahara-Islam. Accessed 17 May 2023.
52
If an individual ponders the decisions of Islam and Allah, may He be lifted and favors
him with understanding; he will want to see the insight behind the various strategies for
decontamination in Islam, and he will see that there are justifications for why ghusl is endorsed
on account of janabah and not in that frame of mind of peeing, for instance, and that there is a
distinction among wudu' and ghusl. 142
Tahāra is indicated in the Qur’an and Sunnah.
For example, the Qur’an says: “125. And (remember) when We made the House (the
Ka‘bah at Makkah) a place of resort for mankind and a place of safety. And take you (people) the
Maqam (place) of Ibrahim (Abraham) [or the stone on which Ibrahim (Abraham) stood while he
was building the Ka‘bah] as a place of prayer (for some of your prayers, e.g. two Rak’at after the
Tawaf of the Ka‘bah at Makkah), and We commanded Ibrahim (Abraham) and Isma‘il (Ishmael)
that they should purify My House (the Ka‘bah at Makkah) for those who are circumambulating
it, or staying (‘Itikaf), or bowing or prostrating themselves (there, in prayer).” (The Qur’an, 2:
125).
“222. They ask you concerning menstruation. Say: that is an Adha (a harmful thing for a
husband to have a sexual intercourse with his wife while she is having her menses), therefore
keep away from women during menses and go not unto them till they have purified (from
menses and have taken a bath). And when they have purified themselves, then go in unto them as
Allah has ordained for you (go in unto them in any manner as long as it is in their vagina). Truly,
Allah loves those who turn unto Him in repentance and loves those who purify themselves (by
taking a bath and cleaning and washing thoroughly their private parts, bodies, for their prayers,
etc.).” (The Qur’an, 2: 222).
“6. O you who believe! When you intend to offer As-Salat (the prayer), wash your faces
and your hands (forearms) up to the elbows, rub (by passing wet hands over) your heads, and
(wash) your feet up to ankles. If you are in a state of Janaba (i.e. had a sexual discharge), purify
yourself (bathe your whole body). But if you are ill or on a journey or any of you comes from
answering the call of nature, or you have been in contact with women (i.e. sexual intercourse)
and you find no water, then perform Tayammum with clean earth and rub therewith your faces
142
See “The wisdom behind the prescription of purification in Islam,” in islamqa.info (Publication: 29-01-2023),
from https://islamqa.info/en/answers/118037/the-wisdom-behind-the-prescription-of-purification-in-islam
53
and hands. Allah does not want to place you in difficulty, but He wants to purify you, and to
complete His Favor on you that you may be thankful.” (The Qur’an, 5: 6). 143
In the Sunnah, we read about Tahāra, the following:
It was narrated that Abü Mâlik Al-Ash‘ari said: “The Messenger of Allah, peace be upon
him, said: ‘Purification is half of faith, “AlHamdu Lillâh” fills the Balance and “Subhân-Allâhi
wal-hamdu Lillâh” fill - or fills - the space between heaven and earth. As-Salât (prayer) is light,
AsSadaqa (charity) is proof, As-Sabr (patience) is illumination and the Qur’ân is evidence for
you or against you. All people go out in the morning and sell themselves, either freeing
themselves or condemning themselves.” 144
According to the Sunnah, it is obligatory of purifying oneself for the Salât. It was
narrated from Simâk bin Harb, that Mus‘ab bin Sa‘d said: “Abdullâh bin ‘Umar came to visit Ibn
'Amir when he was sick and he said: ‘Won’t you supplicate to Allah for me, O Ibn ‘Umar?’ He
said: ‘I heard the Messenger of Allah, peace be upon him, say: “No ṣalât is accepted without
Wudu (purification), and no charity (is accepted) that comes from Ghulâl,” 145
However, purity in Islam has another meaning: The Arabic expression ikhlas, in a real
sense, implies virtue, which is utilized in the Qur’an to allude to different things. Immaculateness
in this refrain alludes to something regular, sober, healthy, and not blended in with anything
more. The Qur’an likewise utilizes the term ikhlas to allude to honest virtue and conviction,
where a short yet vital part in the Qur’an named Al-Ikhlas (immaculateness) expresses out loud
whatever means: “1. Say (O Muhammad): “He is Allah, (the) One. 2. “Allah-us-Samad (The
Self-Sufficient Master, Whom all creatures need, He neither eats nor drinks). 3. “He begets not,
nor was He begotten; 4. “And there is none co-equal or comparable unto Him.” (The Qur’an,
112: 1-4). This part was named Al-Ikhlas to allude to the refinement of the faith in God from any
type of polytheism, whether by loving another divinity rather than God, revering a god close by
God, or in regards to items or people that God made as go-betweens among God and man. 146
143
144
Sahih Muslim, Vol. 1, p. 354.
145
Ibid., Vol. 1, pp. 354 – 355.
146
Jamal Badawi, “Purity of Intentions (1) Read More on islamonline: https://islamonline.net/en/purity-of-
intentions-1/
54
The word ikhlas signifies cleansing our thought processes and goals so our activities are
not spoiled by something besides looking for the delight of Allah. Therefore, ikhlas or
genuineness is the main key that opens the heart to get the benevolence of Allah, All-powerful.
Acknowledging one’s deeds relies upon one’s immaculateness of expectation, which like this,
relies upon the degree of earnestness in one’s heart. With earnestness, an individual can
accomplish the most noteworthy positions in seeing Allah All-powerful, capitalize on their deeds,
and even be compensated for equitable deeds that the person could not perform. 147
Ikhlas does not just connect with the unadulterated demonstrations of love like
supplication and fasting; however, it likewise connects with the standard exercises that are
finished with a well-meaning goal, which can be changed from only a standard demonstration to
a demonstration of love. One researcher said that an unadulterated goal could change standard
activities to the distinction of love, given that the demonstration is not taboo or disallowed. You
will be compensated for the well-being of anything you spend for Allah. For instance, eating is a
daily movement vital for individuals to make due. Nonetheless, assuming individuals thank God
for furnishing them with food and plan to eat to reinforce their bodies to satisfy the mission for
148
which they have been made, then, at that point, it will be viewed as a demonstration of love.
Islamic jurisprudence scholars have been exposed to this meaning of sincerity in the
books of jurisprudence. For example, al-Nawawi quoted in “Al-Majmoo’ Sharḥ Al-
Muhadhdhab” on the authority of Ibn Abbas as saying: “A man is given according to his
intention.” Al-Nawawi quoted Sahl bin Abdullah al-Tustari as saying: “The wise men looked at
the interpretation of sincerity, and they found nothing other than this, that his movements and
stillness are in secret and openness to God Almighty alone, and nothing mixes him, neither soul,
nor desire, nor the world.” 149
Therefore, Imam al-Ghazali noticed that taharah or purity has got four phases (1) The
principal stage is decontaminating outer organs from waste products and foulness’s. (2) The
subsequent stage is the sanitization of the real organs from sins and blames (3) The third stage is
147
See “The Meaning of Ikhlas (Sincerity), “Read More on islamonline: https://fiqh.islamonline.net/en/the-meaning-
of-ikhlas-sincerity/
148
Jamal Badawi, “Purity of Intentions (1) Read More on islamonline: https://islamonline.net/en/purity-of-
intentions-1/
149
Abu Zakariya Muhyi al-Din Yahya ibn Sharaf al-Nawawi (d. 676 AH): “Al-Majmoo‘ Sharḥ al-Muhadhdhab”
(with the complement of al-Subki and al-Mutai’i) (Beirut: Dar al-Fikr), Vol. 1, p. 17.
55
the refinement of the heart from underhanded attributes and insidious indecencies. (4) The fourth
stage is cleaning the inner self from everything except God. This is the phase of the Prophets and
the holy people. Each thing of neatness is half of the activity because the object of the activities
is the glorification and significance of God. Generally, God’s inspiration is not achieved except if
the heart is cleaned of lashings other than God. There can be no two things simultaneously at the
top of the priority list, and God has not made two personalities in a similar man. The activities
aim to embellish the brain with excellent characteristics and firm religious confidence. Notably,
those characteristics will not enhance the psyche until accountable wrongs and bogus confidence
reign. Decontaminating the brain from these wrongs involves half of its activities, and the
principal half is pre-essential for the second. In this sense, immaculateness is supposed to be half
of conviction. So, to purge the substantial appendages from the restricted things is the principal
half, and to fortify it with religious acts is its final part. 150
A believer cannot purge the heart till he sanitizes his organs from restricted things and
makes it firm with religious acts. The more respectable the article, the more troublesome the
accomplishment of that item. The more the street that prompts it, the more noteworthy the
hindrances. Try not to imagine that this can be achieved easily and without endeavor. He who is
ignorant concerning these phases of virtue will not understand the previously mentioned four
phases. He will grasp the most minimal phase of neatness. It resembles the external husk of a
harvest or like skull corresponding to the cerebrum. He comprehends that external tidiness is the
ideal article and makes distortion in it and invests a lot of energy and abundance in abstersion
(Istinja), in the neatness of fabric, body, and the utilization of water and thinks that the
respectable purity contains this outward and outer neatness. The early Muslims focused their
whole consideration and energies on the purification of their souls and were lenient in their
outward neatness. 151
All things and spots are attempted to be customarily OK or unbiased except if Sacred text
— either Qurʾān or Hadith — shows in any case. Continuous polluting things are called najas
and incorporate pig, blood, canine spit, and wine. All najas ought to stay away from whenever
the situation allows, and on the off chance that attire or dishes interact with these things, they
ought to be cleaned with water until there is no smell, sight, or other proof of the prohibited
150
Imam Ghazzali, Ihya Ulum-id-in (Eng. Revival of Religious Teachings), Vol. 1, p. 132 – 133.
151
Ibid., Vol. 1, p. 125.
56
thing. Likewise, pork or carcass should never be eaten, and neither should flesh eaters like
vultures or canines; items like dung or stows away from these creatures should likewise be kept
away. 152
Imam Ibn al-Qayyim, may Allah show kindness toward him, clarified: consider the
lessons of Islam, the method for sticking to them, and the reason for these lessons, and you will
observe that there is a lot of direction and shrewdness behind them, and there are excellent
objectives for which these lessons are recommended, without which individuals would be like
creatures, or much more terrible off. How much insight there is and how much advantage for
hearts and bodies; how much energy these lessons bring to the heart and actual resources; they
diminish the regular soil that gathers on the body and decrease the transgression brought about
by arrogance and pride. These lessons scrub hearts, spirits, and bodies. Doing ghusl for janabah
brings a sensation of neatness and assists with supplanting what the body has lost because of
janabah; this is one of the most gainful things. 153
Consider how wudu’ includes washing the appendages that one proposes to work and
procure a business. First, it purifies the face, which is the area of hearing, sight, discourse, smell,
and taste, which may all be methods for committing a wide range of sins. Next, it purges the
arms, which are upper appendages like wings with which individual strikes, takes, and gives.
Then, at that point, it cleanses the feet, with which an individual strolls and goes about. Since
washing the head might be undeniably challenging and cause difficulty, it is supplanted [in
wudu'] by cleaning over the head. Wudu' is a method for sins to exit from these spots with the
drops of water that tumble from the hair and skin. When he cleans up, each transgression his
hands committed emerges from his hands with the water, or with the last drop. 154
There are two customarily debilitating states into which people fall — impacted
(muḥdath) and blocked (junub). Acts that are “influences” are called ḥadath, and this incorporate
poo, pee, flatulating, contacting an individual of the other gender (with want, for most schools of
Islamic statute), or contacting one’s private parts. For most legal scholars, obviousness or dozing
in an inclined position make it plausible that one has essentially farted as is impacted. Moreover,
152
153
154
Ibid.
57
brutal giggling, hacking, or outrage, as indicated by numerous legal advisers, should event
custom sanitization on the off chance that they do not need it. Until the impacted individual fixes
this state, the person cannot perform custom love (ṣalāt), circumambulate the Kaʿbah, or handle
the Qurʾān.155
Therefore, taḥarah is important in Islam. Imam al-Iji indicates that in the condition of
purity for prayer, the ruling is that prayer is obligatory, and its reason is the glorification of the
Creator, and lack of purity contradicts that. 156
Purity in prayer; the lack of purity requires the lack of reward with the presence of its
cause, which is to perform the prayer; because lack of purification necessitates a lack of reward
[which is the opposite of the ruling] [which is the reward] with the remaining wisdom of the
157
reason, which is turning to God Almighty in prayer, and this is a condition in the ruling.
And among the jurisprudential rules is ‘permissible with conditions.’ It means what is
permissible to leave on condition that if it is removed, the original will return to its condition.
Second: The meaning of this rule and its implication is that the condition necessitates its ruling in
the conditional. For example, purity is a condition for the validity of prayer, as prayer without
purity does not fall as valid. So, if it is permissible to leave something because there is a
condition in it that makes it permissible to leave it, then if that condition is removed and the rule
of the original does not return to its state before the existence of the condition, which is the non-
permissibility of leaving. This rule is in the sense of the following rules. What is permitted out of
necessity is estimated according to its measure. 158
155
156
Adad al-Din Abd al-Rahman al-Iji (d. 756 AH), Sharḥ Mukhtasar al-Muntaha al-Usuli (Eng. Explanation of
[Mukhtasar al-Muntaha al-Usuli of Imam Abi Amr Uthman Ibn al-Hajib al-Maliki (d. 646 AH)], and on al-
Mukhtasar and al-Sharḥ / Ḥashiyat Saad al-Din al-Taftazani (d. 791 AH) and the footnote of Sayyid al-Sharif al-
Jurjani (d. 816 AH), and on the footnote of Al-Jurjani / footnote to Sheikh Hassan Al-Harawi Al-Fanari) (Beirut:
Scientific Book House, 1424 AH - 2004 AD), Vol. 2, p. 226.
157
Abu Abdullah Al-Hussein bin Ali bin Talha Al-Rajaraji Al-Shawshawy (d. 899 AH), Raf‘ al-Niqab ‘an Tanqiḥ al-
Shihab (Eng. Raising the Veil on Tanqeeh Al-Shihab) Part 1, 2, 3 (edited by Dr. Ahmed Bin Muhammad Al-Sarrah),
Part 4, 5, 6 (edited by Dr. Abd Al-Rahman Bin Abdullah Al-Jabreen), two master’s theses in the principles of
jurisprudence, the College of Sharia, in Riyadh, the first edition (Riyadh: Al-Rushd Library for Publishing and
Distribution, 1425 AH - 2004 AD), Vol. 2, pp. 102 – 103.
158
Muhammad Sidqi bin Ahmad bin Muhammad Al Borno Abu Al-Ḥarith Al-Ghazi, Mausu‘at al-Qawi‘id al-
Fiqhyah (Eng. Encyclopedia of Jurisprudential Rules), first edition (Beirut: Al-Risala Foundation, 1424 AH - 2003
AD), Vol. 9, p. 23.
58
5.2.1 The Wisdom of Ablution:
Wudu’ or ablution is indicated in the Qur’an and Sunnah. The Qur’an says: “6. O you
who believe! When you intend to offer As-Salat (the prayer), wash your faces and your hands
(forearms) up to the elbows, rub (by passing wet hands over) your heads, and (wash) your feet up
to ankles. If you are in a state of Janaba (i.e. had a sexual discharge), purify yourself (bathe your
whole body). But if you are ill or on a journey or any of you comes from answering the call of
nature, or you have been in contact with women (i.e. sexual intercourse) and you find no water,
then perform Tayammum with clean earth and rub therewith your faces and hands. Allah does
not want to place you in difficulty, but He wants to purify you, and to complete His Favor on you
that you may be thankful.” 159
Abu ‘Abdullah said: “The Prophet, peace be upon him, had made clear that it is
obligatory (while performing) ablution to wash the (above mentioned) body-parts once. And the
Prophet also did perform the ablution by washing (these) parts twice and thrice, but he never
washed them more than three times. And the religious learned men disliked exceeding the limits
set by the Prophet, peace be upon him, while performing ablution, and to surpass the action of
the Prophet, peace be upon him.” 160
The Sunnah of the Prophet Muhammad, peace be upon him, confirmed that there is no
Salat (prayer) is accepted without ablution (i.e. to remove, the small Ḥadath) by ablution or the
big Ḥadath by taking a bath). Narrated Abu Hurairah: Allah’s Messenger, peace be upon him,
said: “The Salãt (prayer) of a person who does Ḥadath (passes urine, stool or wind) is not
accepted till he performs (repeats) the ablution.” A person from Ḥadramout asked Abu Hurairah,
“What is Ḥadath?” Abu Hurairah replied, “Hadath means passing of wind from the anus.” 161
The Sunnah of the prophet Muhammad, peace be upon him, informed us about the
superiority of ablution. And Al-Ghurr-uI-Muhajjalun (the parts of the body of the Muslims
washed in ablution will shine on the Day of Resurrection and the angels will call them by that
name) from the traces of ablution). Narrated Nu‘aim Al-Mujmir: Once I went up the roof of the
159
160
161
Ibid., Vol. 1, p. 135.
59
mosque, along with Abu Hurairah, peace be upon him, He performed ablution and said, “I heard
the Prophet saying, ‘“On the Day of Resurrection, my followers will be called A1-Ghurr-ul-
Muhajjalün from the traces of ablution and whoever can increase the area of his radiance should
do so (i.e. by performing ablution in the most perfect manner).’” 162
How to Make Wudu? About how wudu is to be done, there are two ways; the complete
and the acceptable way. Find the details below. Obligatory parts of wudu, which are as follows:
1. Washing the face thoroughly once, which includes rinsing the mouth and nose. 2. Wash the
arms up to the elbows one time. 3. Wiping the whole head, including the ears. 4. Washing the
feet up to the ankles one time. It is sufficient to wash the feet once when doing wudu. What is
meant by once in all the above is that the entire part of the body mentioned must be washed
thoroughly. To perform wudu properly, it is essential to follow a specific order. First, wash your
face, followed by your arms. Then, wipe your head and finally wash your feet. This sequence is
based on how the Prophet, peace and blessings of Allah be upon him, performed wudu. 163
Before a Muslim makes his prayer, he does the bathing developments referenced in the
above section and others, which the Prophet, peace be upon him, has added. In this way, bathing
involves washing the hands and arms straight up to the elbow, face, mouth, nostrils, and feet up
the lower leg every multiple times. Within and behind the ears, the piece of the head over the
temple is cleaned once. Completed five times daily, it not just scrubs these essential pieces of the
body from residue and soil but also “mellow” and revives them. Curiously, the Prophet, peace be
upon him, was additionally energized doing bathing before hitting the sack. This equivalent
custom is likewise energized by Yoga specialists who say that washing significant engine and
tactile organs, for example, the hands, arms, eyes, legs, mouth, and privates, before rest utilizing
cool water loosens up the body setting it up for a profound rest. 164
On the authority of Abu Hanifa, he said: If a man wants to pray, he should perform
ablution. The ablution is to start by washing his hands three times, then rinsing his mouth three
times, then sniffing three times, then washing his face three times, then washing his forearms
three times. Then he wipes his head and ears once, then washes his feet three times. Then he
162
Ibid., Vol. 1, pp. 135-136.
163
See “How to Make Wudu,” (Publication: 20-11-2001), from https://islamqa.info/en/answers/11497/how-to-make-
wudu
164
See “The Preventive and Healing Wonders of Ablution, “Read More on islamonline:
https://islamonline.net/en/the-preventive-and-healing-wonders-of-ablution/
60
wipes his head and ears once, then washes his feet three times. Abu Hanifa was asked, “Did you
see that if he performs ablution two by two?” He said, “It is sufficient.” I said: If he performs
ablution for one time, he said it is sufficient. 165
And Abu Hanifa, may God have mercy on him, said: Whoever performs ablution and
forgets to rinse his mouth and sniff his mouth until he prays, his prayer is complete, and he does
not have to repeat it. And he repeats the prayer because wiping the head is an obligation in the
Book of God Almighty, and there was no mention of rinsing the mouth or nose. 166
The Miswak and the Sunnah of Ablution; Miswak is a sunnah enjoined as a discipline,
not an obligation. Abu Jaafar said: “And the siwak is Sunnah.” Abu Bakr said: “This is due to
what was narrated from him, may God’s prayers and peace be upon him, that he said: “Were it
not that I would be hard on my nation, I would have ordered them to use the siwak at every
purification.” Rafi‘ bin Khadij, may God be pleased with him, narrated that the Prophet, may
God’s prayers and peace be upon him, said: “The siwak is obligatory for every Muslim.” And the
evidence for it: His saying, may God’s prayers and peace be upon him: “If it were not that it
would be difficult for my nation, I would have commanded them to use the siwak.” And in some
expressions: “I would have imposed the siwaak on them. This indicates that it is not obligatory,
nor does an imperative command it. 167
Mustahabb of wudu. The details of which are as follows:
1. You must have the intent of cleansing yourself and releasing impurity. The intent
should not be said out loud, for its location is in the heart. This uses for all actions of worship. 2.
165
Abu Abdullah Muhammad bin Al-Hassan Al-Shaibani (d. 189 AH), Al-‘Aṣl (Eng. The Origin - (worship) Abu Al-
Wafa Al-Afghani took care of correcting it and commenting on it: Chairman of the Committee for the Revival of Al-
Nu‘mani Knowledge in Hyderabad, Deccan, first edition, 1966-1973 A.D., Vol. 1, p. 3.
166
Abu Abdullah Muhammad bin Al-Hassan Al-Shaibani (d. 189 AH), Al-Ḥujjah ‘Alaa ‘Ahl al-Madinah (Eng. The
Argument Against the People of Medina,) Sayyid Mahdi Hassan Al-Kilani Al-Qadri arranged its origins, corrected
it, and commented on it (Hyderabad, Deccan: Committee for the Revival of Al-Nu‘mani Knowledge in Hyderabad,
Deccan), Under the supervision of its chief: Abu al-Wafa al-Afghani, Subsidized by Ministry of Education for
Scientific Investigation and Cultural Matters of the Government of India, third edition (Beirut: World of Books,1403
A.H.), Vol. 1. p. 18.
167
Abu Bakr Al-Razi Al-Jaṣṣaṣ (305-370 AH), Sharḥ Mukhtaṣar al-Ṭaḥāwi (Eng. Explanation of Mukhtaṣar al-
Ṭaḥāwi), edited by PhD theses, in jurisprudence, Sharia College, Umm Al-Qura University, Makkah Al-
Mukarramah, 1 - Ismatullah Inayatullah Muhammad (from the beginning of the book to the pilgrimage), 2 - Sa'ed
Muhammad Yahya Bakdash (from sales to marriage), 3 - Muhammad Obaidullah Khan (From Divorce to Borders),
4 - Zainab Muhammad Hasan Fallatah (From Sirah and Jihad to the end of the book), Dr. Saed Bakdash prepares the
book for printing, review and correct it, the first edition (Dar Al-Bashir Al-Islamiyyah - and Dar Al-Sarraj, 1431
A.H. - 2010 A.D.), Vol. 1, p. 302.
61
You should express the name of Allah. 3. Then you should wash your hands thrice. 4. Then, you
should wash your mouth three times, mix the water in your mouth, and rinse your nose thrice,
blowing the water out and using the left hand to withdraw it. 5. You should wash your face
thrice, from the line of the hair to the jawbone, chin, and between the two ears. A man should
clean his beard’s hair because it is a portion of it. If his beard is big, he needs to wash it inside
and out of it, and if it is thick and surrounds the skin, he should clean the outer layer and run his
wet fingers on it. 6. Then he must wash his arms up to the elbows thrice. His arm reaches out
from the fingertips, which includes the nails, to the lower part of the upper arm. Removing
anything stuck to the hands before washing them, such as mud, dough, paint, etc., that could not
let the water from reaching the skin. 7. Then he should wipe his head and ears once with fresh
water, not the water left over from washing his arms. The lead is to be tapped by putting your
wet hands at the beginning of your head and bringing them to the back of your head, then
returning to the same place. Then wipe your ears with your index fingers and the back with your
thumbs. Whether free or interlaced from the front of her head to the underlying foundations of
the hair at the scruff of her neck, she does not need to wipe the whole length of her hair. 8. Then
you should wash your feet three times up to the ankles, namely the bones at the bottom of the
leg. 168
Al-Rabee‘ bin Suleiman said: Al-Shafi‘i, may God Almighty have mercy on him,
informed us. He said: God Almighty said: “When you rise to prayer, wash your faces and your
forearms to the elbows, and wipe your heads and your feet,” the verse. Al-Shaf‘i said: “It was
clear to those addressed with the verse that their washing was only with water. Then he explained
in this verse that washing with water, and it was reasonable for those addressed by the verse, that
water is what God, Blessed, and Exalted be He, created, which has no workmanship for the
human beings. And the apparent meaning of the Qur’an indicates that every pure water is
seawater, and other than that, a hadith was narrated in it from the Prophet, peace be upon him, a
hadith that agrees with the apparent meaning of the Qur’an.” Abu Hurairah, may God be pleased
with him, said: “A man asked the Prophet, peace be upon him, and he said: “O Messenger of
168
See “How to Make Wudu,” (Publication: 20-11-2001), from https://islamqa.info/en/answers/11497/how-to-make-
wudu
62
God, we are riding the sea, and we have a little water. So, the Prophet said, peace be upon him,
“Its water is purification, and its dead meat is permissible.” 169
5.2.2 The Wisdom of Tayammum:
Tayammum is the intention to use the soil in specific parts with the purpose of
170
purification under conditions. Therefore, the legitimate name has a linguistic meaning.
In Arabic, the word Tayammum in a real sense, implies a ‘point’ or ‘reason.’ Islamic
Regulation alludes to: ‘Holding back nothing soil to wipe one’s face and hands with the
expectation of purging and setting oneself up to ask, etc.” The proof of the Tayammum
legitimacy is indicated in the Qur’an. The Qur’an says: “43. O you who believe! Approach not
As-Salat (the prayer) when you are in a drunken state until you know (the meaning) of what you
utter, nor when you are in a state of Janaba, (i.e. in a state of sexual impurity and have not yet
taken a bath) except when travelling on the road (without enough water, or just passing through a
mosque), till you wash your whole body. And if you are ill, or on a journey, or one of you comes
after answering the call of nature, or you have been in contact with women (by sexual relations)
and you find no water, perform Tayammum with clean earth and rub therewith your faces and
hands (Tayammum). Truly, Allah is Ever Oft-Pardoning, Oft-Forgiving.” (The Qur’an, 4: 43).
And the Qur’an says: “6. O you who believe! When you intend to offer As-Salat (the prayer),
wash your faces and your hands (forearms) up to the elbows, rub (by passing wet hands over)
your heads, and (wash) your feet up to ankles. If you are in a state of Janaba (i.e. had a sexual
discharge), purify yourself (bathe your whole body). But if you are ill or on a journey or any of
you comes from answering the call of nature, or you have been in contact with women (i.e.
sexual intercourse) and you find no water, then perform Tayammum with clean earth and rub
169
Abu Abdullah Muhammad ibn Idris al-Shafi‘i (150-204 AH), Al-Um (Eng. The Mother), Second edition (Beirut:
Dar Al-Fikr,1403 AH - 1983 AD), Vol. 1, p. 16.
170
Mahmoud bin Ahmed bin Musa bin Ahmed bin Al-Hussein, known as “Badr Al-Din Al-‘Ainy” Al-Ḥanafi (d. 855
AH), al-Binaya Sharḥ al-Hidaya (Eng. The Building Explanation of Al-Hidaya,) first edition, edited by Ayman Saleh
Sha‘aban, first edition (Beirut: Dar al-Kutub al-Ilmiyyah, 1420 A.H. - 2000 A.D.), Vol. 1, p. 510.
63
therewith your faces and hands. Allah does not want to place you in difficulty, but He wants to
purify you, and to complete His Favor on you that you may be thankful.” (The Qur’an, 5: 6). 171
Tayammum is also indicated in the sunnah.
Narrated ‘Urwa’s father: ‘Aishah said, “I borrowed a necklace from Asmã’ and it was
lost. So, Allah’s Messenger sent a man to search for it and he found it. Then the time of the Salãt
(prayer) became due and there was no water. They offered Salat (without ablution) and informed
Allah’s Messenger about it, so the Verse of Tayammum was revealed.” Usaid bin Hudair said to
‘Aishah “May Allah reward you. By Allah, whenever anything happened which, you did not like,
Allah brought good for you and for the Muslims in that.” 172
Narrated ‘Abdur Rabmãn bin Abza: A man came to ‘Umar bin Al-Khattãb and said, “I
became Junub but no water was available.” ‘Ammar bin Yasir said to ‘Umar, “Do you remember
that you and I (became Junub while both of us) were together on a journey and you did not offer
Salat (prayer) but I rolled myself on the ground and offered Salat? I informed the Prophet about
it and he said, ‘It would have been sufficient for you to do like this.’ The Prophet, peace be upon
him. then stroked lightly the earth with his hands and then blew off the dust and passed his hands
over his face and hands.” 173
Imam Al-Shurnubalali specifies several requirements for tayammum, as follows:
There are several conditions for the tayammum. It is valid under eight conditions: The
first: intention. 1- And its reality: the heart’s attachment to the action. 2- And its time: when a
Muslim hit his hand on what he used to do, tayammum. 3- The conditions for the validity of the
intention are three: A - Islam. b - perception. C - knowing what he intends. 4- One of three things
is required for the validity of the intention to perform tayammum for prayer: A - Either the
intention of purity. B - or the permissibility of prayer. C - or an intentional act of worship that is
not valid without purity. He does not pray with it if he intended to do tayammum only or
intended to read the Qur’an, and he was not a junub. Second: The excuse that allows for
171
See “Tayammum (dry ablution),” (13/11/2018), from
https://www.islamweb.net/emerath/index.php?page=articles&id=135448, For the interpretation of the verses, Dr.
Qur’an.
172
173
Ibid., Vol. 1, p. 227.
64
tayammum: 1- Like a mile away from water, even in a town. 2-and the occurrence of a disease.
3- A cold from which he fears damage or disease. 4- Fear of an enemy. 5-and thirst. 174
Imam Al-Shurnubalali adds: 6- It needs kneading, not cooking broth. 7- For the loss of an
instrument and the fear of missing a funeral prayer or a feast, even if it is a building. There is no
excuse for fear of [missing] Friday and time. The third: That the tayammum be done with a pure
kind of earth: such as dirt, stone, and sand, not wood, silver, and gold. Fourth: Absorbing the
store by scanning. Fifth: To wipe with the whole hand or most of it, even if it is wiped with two
fingers. Unlike brushing the head, it is not permissible, even if repeated until absorbed. Sixth: It
should have two strikes on the palms, even in one place. And the place of the two strokes is to hit
the dirt on his body if he wipes it with the intention of tayammum. Seventh: Absence of
menstruation, postpartum bleeding, or an event that contradicts it. Eighth: The disappearance of
what prevents wiping, such as wax and grease. 175
One is allowed to make Tayammum in any of the accompanying cases:
1- If one cannot find water or the sum one finds is deficient for bathing.
2- Assuming that one is harmed or sick. Assuming that one is in this condition and thinks
that utilizing water will deteriorate it (he does not need to be sure beyond a shadow of a
doubt. However, he may put together his supposition concerning previous experience or
everything a proficient individual has said to him), he might perform Tayammum.
3- If water is sufficiently cold to hurt the client truly.
4- Assuming that water is close by. However, one cannot get it because of dread. If one
feeling of fear for his life, family, or riches, [for the model, if a foe (monster or human) is
close by or on the other hand on the off chance that one is a detainee, thus on], he might
perform Tayammum. This is additionally permitted, assuming there is water. However,
one comes up short on legitimate means to get it or on the other hand, if one feels
trepidation, some allegation against him assumes that he gets it.
5- Assuming that one is saving his water for some time in the future.
174
Hasan bin Ammar bin Ali Al-Shurnubalali Al-Maṣry Al-Ḥanafi (d. 1069 AH), Nur al-‘Iḍāḥ wanajat al-Arwaḥ fi
al-Fiqh al-Ḥanafi (Eng. The Light of Clarification and the Salvation of Souls in Hanafi Jurisprudence), edited by
Muhammad Anis Mahrat (Beirut: Al-Maktaba Al-Aṣriyya, 1246 AH - 2005 AD), p. 32.
175
Ibid., p. 33.
65
6- If one can get water, however, fears that the request will be throughout when he gets it.
He can perform Tayammum and supplicate and does not have to rehash his request (after
he gets water). 176
Ibn al-Qayyim, may Allah show kindness toward him, said: “The justification for why
tayammum is just finished on two body pieces (i.e., the face and arms) is that this is very proper,
given the relationship and good judgment. Putting dust on the head is commonly loathed;
instead, it is generally finished on catastrophe and disaster, and the feet are ordinarily in touch
with the residue. However, placing dust in the face is an activity of lowliness and love of Allah,
accommodation to Him, and lowering oneself before Allah, which is one of the most adored
demonstrations of love to Him and one of the most helpful to the individual himself. Thus, it is
mustahabb (enjoyed, supported) for the prostrating person to get dust all over for Allah and not
to shield his face from getting dusty. One of the Sahaabah saw a man prostrating and putting
something between his face and the residue, and he shared with him: “Get your face dusty.” This
significance does not matter in that frame of mind of getting the feet dusty. 177
The tayammum of a person in a condition of junub (significant pollution following sexual

action) is like that of a person in a condition of minor contamination. If the person who is in a
condition of minor pollutant is saved from the commitment of cleaning the head and feet with
dust, then, at that point, it is more fitting that the person who is in a condition of significant
debasement ought to be saved the commitment of scouring his entire body with dust since that
would include a lot of difficulties. It conflicts with the possibility of tayammum being regulated.
It would likewise decrease the person who is the noblest of Allah’s creation to becoming like the
creatures who focus on their bodies the residue. That which was brought by Shari‘ah cannot be
superseded in shrewdness and reasonableness, and to Allah be acclaim. 178
Also, this is proper by relationship in another sense, which is that tayammum applies to
the pieces of the body which are washed during wudu but not to the parts which are only
cleaned. The feet might be cleaned when wearing socks, and the head might be cleaned when
wearing a turban. Starting from the features which are usually washed are diminished to cleaning
176
See “Tayammum (dry ablution),” (13/11/2018), from
https://www.islamweb.net/emerath/index.php?page=articles&id=135448,
177
See “The reason why tayammum is done on just two parts of the body,” (Publication: 25-09-2001), from
https://islamqa.info/en/answers/14236/the-reason-why-tayammum-is-done-on-just-two-parts-of-the-body
178
Ibid.
66
(on account of tayammum), the parts which are cleaned are decreased to nothing, since,
supposing that we were to wipe the last option with dust, that would not be a decrease by any
stretch of the imagination, rather as opposed to cleaning them with water we would simply be
cleaning them with dust. Subsequently, what Shari‘ah tells us is the fairest and absolute best. 179
5.3 The Wisdom of Prayer:
Prayer is mentioned in the Qur’an and the Sunnah of the Prophet Muhammad, peace be
upon him.
The Qur’an says: “1. Alif-Lam-Mim. [These letters are one of the miracles of the Qur’an
and none but Allah (Alone) knows their meanings]. 2. This is the Book (the Qur’an), whereof
there is no doubt, a guidance to those who are Al-Muttaqun [the pious and righteous persons who
fear Allah much (abstain from all kinds of sins and evil deeds which He has forbidden) and love
Allah much (perform all kinds of good deeds which He has ordained)]. 3. Who believe in the
Ghaib and perform As-Salat (Iqamat-as-Salat).” (The Qur’an, 2: 1-3).
“43. And perform As-Salat (Iqamat-as-Salat), and give Zakat, and Irka‘ (i.e. bow down or
submit yourselves with obedience to Allah) along with Ar-Raki‘un.” (The Qur’an, 2: 43).
“110. And perform As-Salat (Iqamat-as-Salat), and give Zakat, and whatever of good
(deeds that Allah loves) you send forth for yourselves before you, you shall find it with Allah.
Certainly, Allah is All-Seer of what you do.” (The Qur’an, 2: 110).
“153. O you who believe! Seek help in patience and As-Salat (the prayer). Truly! Allah is
with As-Sabirin (the patient ones, etc.).” (The Qur’an, 2: 153).
“238. Guard strictly (five obligatory) As-Salawat (the prayers) especially the middle Salat
(i.e. the best prayer – ‘Asr). And stand before Allah with obedience [and do not speak to others
during the Salat (prayers)].” (The Qur’an, 2: 238). 180
Al-Sarkhasi began with the prayer book because prayer is one of the strongest pillars
after faith in God, the Almighty; God Almighty said: “But if they repent and perform As-Salat”
179
Ibid.
180
67
[The Qur’an, 9:5:). The Prophet, peace be upon him, said: “Prayer is the pillar of religion.”
Whoever wants to set up a tent begins with erecting the pillar, and prayer is one of the highest
features. The law of the Messengers does not abandon religion; peace be upon them all. And I
heard our sheikh, the Imam, professor Shams Al-Amamah Al-Halawani, may God Almighty
have mercy on him, says in the interpretation of His saying, the Most High: “So worship Me, and
perform As-Salat (Iqamat-as-Salat) for My Remembrance.” (The Qur’an, 20: 14) that is, because
I, i.e., God, mentioned it in every Book revealed on the tongue of every Prophet sent. And in His
saying, Glory be to Him “42. “What has caused you to enter Hell?”?” [The Qur’an, 74: 42]
“43. They will say: “We were not of those who used to offer their Salat (prayers)” [The Qur’an,
74: 43]. Evidence of its importance, when the beginning occurred with it, indicating that it is in
strength at the highest end. 181
Prayer is mentioned in the Sunnah, too.
Narrated Abu Juḥaifa: I saw Allah’s Messenger, peace be upon him, in a red leather tent
and I saw Biläl, may Allah be pleased with him; taking the remaining water with which the
Prophet, peace be upon him, had performed ablution. I saw the people taking the utilized water
impatiently and whoever got some of it, rubbed it on his body and those who could not get any,
took the moisture from the others’ hands. Then I saw Bilãl carrying an ‘Anaza (a spear-headed
stick) which he planted in the ground. The Prophet, peace be upon him, came out tucking up his
red cloak, and led the people in Salat (prayer) and offered two Rak‘a (facing the Ka‘bah) taking
‘Anaza as a Sutra for his Salat. I saw the people and animals passing in front of him beyond the
‘Anaza. 182
Narrated Abu Hazim: Sahl bin Sa‘d was asked about the (Prophet’s, peace be upon him)
pulpit as to what thing it was made of? Sahl replied, “None remains alive amongst the people,
who knows about it better than I. It was made of tamarisk (wood) of the forest. So-and-so, the
slave of so-and-so prepared it for Allah’s Messenger, peace be upon him. When it was
constructed and placed (in the mosque), Allah’s Messenger, peace be upon him, stood on it
facing the Qiblah and said ‘Allahu Akbar’, and the people stood behind him [and he led the
181
Muhammad bin Ahmad bin Abi Sahl Shams al-Aimmah al-Zarkashi (d. 483 AH), Al-Maḅsout, edited by a
collection of the best scholars (Egypt: Al-Sa‘ada Press) (Beirut: Dar Al-Ma’rifah), Vol. 1, p. 4. For the interpretation
of the verses, Dr. Muhammad Muhsin Khan and Dr. Muhammad Taqi-ud-Din Al-Hilali, Interpretation of the
Meanings of the Noble Qur’an.
182
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people in Salat (prayer). He recited and bowed and the people bowed behind him. Then he raised
his head and stepped back, got down and prostrated on the ground and then he again ascended
the pulpit, recited, bowed, raised his head and stepped back, got down and prostrated on the
ground. So, this is what I know about the pulpit.” Ahmad bin Hanbal said, “As the Prophet,
peace be upon him, was at a higher level than the people, there is no harm according to the
abovementioned Hadith if the Imãm is at a higher level than his followers during the prayers.” 183
Saḥnun said, on the authority of Ibn al-Qasim, on the authority of Malik, on the authority
of Nafie‘, on the authority of Ibn Omar that Omar Ibn Al-Khattab wrote to his workers: “The
most important of your affairs to me is the prayer, so whoever memorizes and preserves it will
preserve his religion, and whoever neglects it will be wasted for other than it.” 184
The obligatory prayers, beginning with the Shari‘a, are five: Dhuhr, Asr, Maghrib, Isha,
and Subh. As for Friday, it replaces Zuhr and has a single chapter. These prayers are obligatory
for individuals, and there is no disagreement among the ummah about that, as they are related to
timings. Therefore, it is not permissible to precede them or delay them. 185
Mufti Attia Saqr answers the following question: What is the secret that God assigns us to
pray more than once a day and night, which distracts us from the struggle to seek sustenance and
fully enjoy life? Mufti Attia Saqr indicates that in the light of the general wisdom of legislation,
which links the human to the Creator and prepares him to carry the trust and achieve the
caliphate, the wisdom of legislation can appear in prayer, which is the best and most influential
act of worship in showing servitude to God, and in preparing the person psychologically and
morally and preparing him for a happy and dignified life. In explaining its secret and its
significance, two noble verses were mentioned, which are His saying, the Most High: “And
establish prayer for my remembrance” (The Qur’an, 20: 14), and His saying: “And establish
prayer, for prayer forbids immorality and evil” (The Qur’an, 29: 45). 186
183
Ibid., Vol. 1, pp. 253 – 254.
184
Malik bin Anas bin Malik bin Amer Al-Asbahi Al-Madani (d. 179 AH), Al-Mudawanah (Eng. The Blog), first
edition (Beirut: Dar Al-Kutub Al-Ilmiya, 1415 AH - 1994 AD), Vol. 1, p. 156.
185
Judge Abd al-Wahhab al-Baghdadi (d. 422 AH): Al-Ma‘ounh ‘Alaa Maḍhab ‘Alim al-Madinah (Eng. Aid on the
Doctrine of the Scholar of the City) “Imam Malik bin Anas,” edited by Hamish Abd al-Haq, the origin of the book: a
doctoral thesis at Umm al-Qura University in Makkah al-Mukarramah (Makkah: The Commercial Library, Mustafa
Ahmed al-Baz ), Vol. 1, p. 195.
186
See Mufti Attiyah Saqr, “The Wisdom of the Legality of Prayer,” in Fatwas of the Egyptian House of Ifta,
Egyptian Dar Al Iftaa, (9/175).
69
Imam al-Jaziri discusses the wisdom of the prayer legitimacy by indicating that all these
means are beneficial for human society because their orbit is on the cleanliness of the bodies; and
the purification of places of worship from the filth from which diseases and filthy smells arise.
Yes, some means may be devoid of this meaning, but that is for apparent wisdom: the purpose of
worship is submission to God, Glory be to Him, by following His commands and avoiding His
prohibitions. As for prayer, it is the most critical pillar of religion. Islamic; God Almighty
imposed it on His servants to worship Him alone and not to associate with Him any of His
creation in worshiping Him. The Almighty said: “103. When you have finished As-Salat (the
prayer – congregational), remember Allah standing, sitting down, and lying down on your sides,
but when you are free from danger, perform As-Salat (Iqamat-as- Salat). Verily, the prayer is
enjoined on the believers at fixed hours” (The Qur’an, 4: 103), that is, a limited obligation with
times that it is not permissible to deviate from, and he, peace and blessings be upon him, said:
“Five prayers that God has ordained for the servants, whoever brings them and does not waste
anything from them in disregard for their right, he will have a covenant with God that He will
enter him into Paradise.” 187
Imam al-Ghazali explains the wisdom of prayer by indicating that it has many works, like
the existence of supplication, lowliness of the brain, understanding what is said, honor, trust, and
disgrace. lowliness or sound judgment is essential because the activity and word should be
similar as a primary concern, and there ought to be no other idea. At the point when there could
be no other thing at the top of the priority list which is focused exclusively on a specific
something, there is genuineness or sound judgment. When the brain is absent in petition, it does
not stay inactive and is concentrated on the contemplations of the joint undertakings with which
it is promptly concerned. So, there should be a firm conviction that the request is venturing to the
following scene, which is never-ending. Good judgment is acquired just when understood, and
the world is considered an impermanent residence and irrelevant. To comprehend the
significance of words expressed and to connect with astuteness to grasp their implications. The
medication for eliminating different contemplations that come as a top priority in petitions to
God is to slice the root or eliminate the reasons that cause various considerations. He who
187
Abd al-Rahman bin Muhammad Awad al-Jaziri (d. 1360 AH), al-Fiqh ‘alaa al-Madhahib al-‘Arba‘a (Eng. Fiqh
according to the Four Schools), 2nd edition (Beirut: Dar al-Kutub al-Ilmiyyah, 1424 AH - 2003 AD), Vol.1, p. 157.
70
cherishes a thing recollects that thing. Therefore, he who loves something other than God is not
liberated from mixed reviews in supplication. Distinction of God is a state of psyche. It emerges
from a colleague of two things. The main thing is the information on the brilliance of God. This
is the fundamental foundation because the psyche of one who does not solidly have confidence
in His intelligence is not offered consolation to respect Him. 188
Cleaning is as one with the sound nature (fitrah) that Allah, may He be magnified,
imparted in individuals. There can be no question that Islam is the religion of sound human
instinct and that it empowers the Sunan al-fitrah; rehearses that are as per sound human instinct,
encouraging individuals to give their best of them and to avoid any shaky tendencies that ought
to be evaded. Thus, washing the face, cleaning the nose and mouth, washing the hands, washing
the whole body, and cleaning oneself in the wake of easing oneself are everything that requires
no regulation to endorse them; rather, it is adequate for an individual to have a sound human
instinct to clean those appendages and body parts, and to be quick to keep them liberated from
rottenness and pollutant.189
Prayer reminds the servant of his Creator as he feels he is standing before God for his
worship. Moreover, there is an allusion to the wisdom behind the legitimacy of prayer and to its
attachment to the Almighty’s saying: “Indeed, prayer prohibits immorality and immorality” (The
Qur’an, 29: 45). It is an obedience to His commandments and an avoiding of what He forbade;
God made Musa know the wisdom of prayer All in all, and Muhammad defined it, may God
bless him and grant him peace, in detail. 190
Mufti Attia Saqr points out that in the light of the general wisdom of legislation, some of
its secrets can be explained as follows: The prayer contains a remembrance of God that connects
human with the Creator, so the worshiper starts his prayer with the takbeer of God, who feels
absolute unity and acknowledgment of God’s vast authority and great might. He prostrates,
humbles, and unites himself in witnessing the greatness of God. And in between, he recites,
188
Imam Ghazzali, Ihya Ulum-id-in (Eng. Revival of Religious Teachings), Vol. 1, p. 150-151.
189
190
Muhammad al-Taher bin Muhammad bin Muhammad al-Taher bin Ashour al-Tunisi (deceased: 1393 AH), al-
Tahrir waltanwir: Tahrir al-Ma‘na al-Sadid watanwir al-‘aql al-Jadid min Tafsir al-Kitaab al-Majid, “Eng. Liberation
and Enlightenment: Liberation of the Correct Meaning and Enlightenment of the New Mind from the Interpretation
of the Glorious Book) (Tunisia: The Tunisian Publishing House, 1984), Vol. 16, p. 201.
71
supplicates, glorifies, and enlarges. These are clear manifestations of the worshiper’s connection
to his Lord. The Prophet, peace be upon him, says in what he narrates from his Lord: “I have
divided the prayer between My servant and Me into two halves, and My servant will have what
he asked for. If the servant says: Praise be to God, Lord of the worlds, God says: My servant
praised me. And when he says: The Most Merciful, God says: My servant praises me, and when
he says: Owner of the Day of Judgment, God says: My servant glorifies me, and when he says:
You we worship, and You we seek help. God says: This is between Me and My servant, and My
servant shall have what he asked. 191
Imam al-Jaziri points out that many hadiths were mentioned in glorifying the status of
prayer, urging it to be performed at its times: and forbidding underestimating its order and being
lazy in establishing it. Among that is his saying, may God’s prayers and peace be upon him: “The
likeness of the five daily prayers is like a sweet river that floods the door of one of you who
breaks into it five times every day, so what do you see that remains of his dirt?” They said:
Nothing. The Messenger of God, peace be upon him, said: “The five daily prayers remove sins
just as water removes dirt.” This means that the five daily prayers purify the soul and cleanse it
from sins and misdeeds, just as washing with clean water daily purifies the bodies and cleanses
them of all filth. Prayer is the best of Islam’s deeds, the noblest in value, and the greatest in rank.
This is sufficient to perform them on time. As for intimidating those who abandon prayer, it is
enough for him the saying of the Messenger of God, may God’s prayers and peace be upon him:
“There is no share in Islam for the one who does not pray,” and his saying: “Between a man and
disbelief is the abandonment of prayer.” Even some of the Maliki imams said: If one deliberately
abandons prayer, he is an infidel, and in any case, they have agreed that it is one of the pillars of
Islam, so whoever abandons it has demolished one of its strongest pillars. 192
Islam is a religion of efficiency and magnificence, and it urges its devotees to stand apart
among others by cleaning their bodies, brushing their hair, wearing the most perfect of garments,
and smelling lovely. Without a doubt, individuals like this would be respected by others, and this
is the sort of thing that prompts progress in their calling individuals to this extraordinary religion,
191
192
Abd al-Rahman bin Muhammad Awad al-Jaziri, al-Fiqh ‘alaa al-Madhahib al-‘Arba‘a (Eng. Fiqh according to the
Four Schools), Vol. 1, p. 157.
72
on the grounds that similarly as individuals are leaned to incline toward one whose body and
garments are unadulterated, all the same, they are put off by one whose garments and body are
messy and disgusting. Filth does not have anything to do with Islam. Current, very much
established logical investigations have demonstrated that tidiness and cleansing safeguard an
individual from numerous sicknesses and that rottenness is the reason for some illnesses. So how
might this extraordinary religion not have in its lessons that assumes a part in safeguarding
against illness and forestalling its event and spread? 193
Mufti Attia Saqr adds prayer is one of the greatest expiations for sins because of the
strength of this spiritual bond according to His saying, the Most High: “And establish prayer at
the two ends of the day and the approach of the night” (The Qur’an, 11: 114). The Prophet
Muhammad, peace be upon him, said: “One of you takes a bath in it five times every day. Does
any dirt remain on him?” They said, “No dirt remains on him.” He said, “The five daily prayers
remove sins just as water removes dirt.” (narrated by al-Bukhari and Muslim). 194
The Muslim is expected to meet and talk with his Master; may He be magnified, in
prayer. The person who remains before a president, lord, or noticeable figure is sharp, as we see,
to guarantee that his body and garments are perfect and that he smells lovely. Individuals are
quick to do that with different people, and there is not anything in Islam to deny that; somewhat,
this was the act of our Prophet Muhammad, peace be upon him, as he used to do right by himself
for the designations. We might add that the main one for Whom we ought to do right by
ourselves and the best one for Whom we ought to be quick to decontaminate our bodies and
garments when we need to remain before Him, to be specific Allah, may He be commended.
Thus, we should not find it peculiar that we would like when we like to remain before Him; may
He be commended. 195
Prayer, according to Mufti Attia Saqr, has the radiance of the soul and the purification of
the heart. It brings comfort from God and reassurance of the soul through monologues that go to
God and open the heart with hope, keep it away from psychological complexes, and strengthen
193
194
195
73
the determination to work. For this, it was the refuge of the Messenger, peace be upon him, when
he was frustrated by an issue or a topic concerned him. So, in the hadith: The Prophet, may
God’s blessings and peace be upon him, if he was distressed or saddened by something, would
offer prayer, narrated by Ahmad. “The comfort of my eyes has been made in prayer.” So, it was
described by Al-Nasa’i, Al-Tabarani, Al-Ḍaḥḥak, and Al-Ḥafiz, who said: Its chain of
transmission is good. And in prayer, the soul is purified from arrogance and egotism, by
humiliation to God, supplication, and the bow of head that has always been raised above people,
and touching the dirt with the most honorable thing in a person, humility, and submission to the
Creator of these organs. With its words and actions, prayer accustoms a person to associate
knowledge with action, not to limit himself in his life to knowledge of facts, but rather to apply
them and benefit from them in life. As a result, they provide a person with humility and need for
his Lord. Prayer strengthens the factor of fear of God, calls for sincerity in work, and for
observing it in all affairs. It is also an exercise in order in public life, including setting its times,
coordinating the performance of its pillars, and arranging a person for the times of his sleep,
wakefulness, and other actions. So that this arrangement helps to perform the prayers in their
limited times, just as worship restores cleanliness with what is required of it of purity, and in its
various movements. It is a sport that exceeds the exercises that many people are keen on because
it combines to the sport of the body and the sport of the soul with remembrance and supplication.
196
In Islam there is an association between the outward and the internal. Whoever endeavors
to cleanse his body and garments from foulness and contaminations ought to be significantly
quicker to purge his entire being of terrible qualities. Assuming somebody endeavors to keep his
body and garments spotless and delightful, that means that he additionally endeavors to improve
himself deep down as well. Islam does not just zero in on outward excellence and overlook
internal magnificence; rather both are required. An individual might be pardoned if he does not
have the method for embellishing his superficial presentation, however he is not to be pardoned
196
74
for neglecting to take a stab at internal excellence as well. The two sorts of decontamination are a
method for accomplishing the affection for Allah. 197
Mufti Attia Saqr adds prayer refines the soul of a Muslim, softens his heart, sensitizes his
senses, and disciplines his instincts, so he comes out of it to treat people with purity of the
tongue, the softness of speech, low wing, mercy for the weak, and consolation for the needy. Full
and humble prayer distances a person from committing evil and immorality, whether between
him and himself or between him and people. So-and-so is remembered for many blessings,
charity, and fasting, except that he harms his neighbors with tongue. Praying with the
congregation is a practical submission of behavioral democracy, including equality and
accustoming to obeying the Superior and training in the system by linking the movements of the
community with the activities of the imam, straightening the rows, and closing gaps between the
worshipers. It contains a practical call for union and cooperation, an opportunity for gathering
and acquaintance, and the resulting exchange of opinions, benefits, and problem-solving. It
strengthens the bond of intimacy and love among people. However, prayer will not bear its
required benefits unless it is performed with reverence based on the presence of the heart and
emptying it of what is other than prayer, on understanding what the praying person says and
does, and on his awareness of the greatness and prestige of God with the hope of His reward and
fear of His punishment and with a shyness that makes him feel short of performing what is
obligatory for God. 198
5.4 The Wisdom of Zakat:
Zakat is mentioned in the Qur’an and Sunnah.
The Qur’an says: “43. And perform As-Salat (Iqamat-as-Salat), and give Zakat, and Irka’
(i.e. bow down or submit yourselves with obedience to Allah) along with Ar-Raki‘un.” (The
Qur’an, 2: 43).
197
198
75
“110. And perform As-Salat (Iqamat-as-Salat), and give Zakat, and whatever of good
(deeds that Allah loves) you send forth for yourselves before you, you shall find it with Allah.
Certainly, Allah is All-Seer of what you do.” (The Qur’an, 2: 110).
“177. It is not Al-Birr (piety, righteousness, and each and every act of obedience to Allah,
etc.) that you turn your faces towards east and (or) west (in prayers); but Al-Birr is (the quality
of) the one who believes in Allah, the Last Day, the Angels, the Book, the Prophets and gives his
wealth, in spite of love for it, to the kinsfolk, to the orphans, and to Al-Masakin (the poor), and to
the wayfarer, and to those who ask, and to set slaves free, performs As-Salat (Iqamat-as-Salat),
and gives the Zakat, and who fulfill their covenant when they make it, and who are As-Sabirin
(the patient ones, etc.) in extreme poverty and ailment (disease) and at the time of fighting
(during the battles). Such are the people of the truth and they are Al-Muttaqun (pious – see
V.2:2).” (The Qur’an, 2: 177).
“277. Truly those who believe, and do deeds of righteousness, and perform As-Salat
(Iqamat-as-Salat), and give Zakat, they will have their reward with their Lord. On them shall be
no fear, nor shall they grieve.” (The Qur’an, 2: 277).
“71. The believers, men and women, are Auliya’ (helpers, supporters, friends, protectors)
of one another, they enjoin (on the people) Al-Ma‘ruf (i.e. Islamic Monotheism and all that Islam
orders one to do), and forbid (people) from Al-Munkar (i.e. polytheism and disbelief of all kinds,
and all that Islam has forbidden); they perform As-Salat (Iqamat-as-Salat) and give the Zakat,
and obey Allah and His Messenger. Allah will have His Mercy on them. Surely Allah is All-
Mighty, All-Wise.” (The Qur’an, 9: 71). 199
Zakat is mentioned in the Sunnah too.
Narrated Ibn ‘Abbãs, may Allah be pleased with him, the Prophet, peace be upon him,
sent Mu‘adh to Yemen and said, “Invite the people to testify that La ilaha illallah (none has the
right to be worshipped but Allah) and I am Allah’s Messenger (Islamic Monotheism), and if they
obey you to do so, then inform them that Allah has enjoined on them five Salat (prayer) in every
day and night (in twenty four hours), and if they obey you to do so, then inform them that Allah
199
76
has made it obligatory for them to pay the Sadaqa. (Zakat) from their properties, and it is to be
taken from the wealthy among them and given to the poor among them.” 200
It was narrated from Abü Sa‘eed Al-Khudri, may Allah be pleased with him, that the
Prophet, peace be upon him, said: “There is no Ṣadaqah (Zakat) due on less than five Wasq, and
there is no Ṣadaqah due on less than five camels, and there is no Ṣadaqah due on less than five
Uqiyah.” 201
Imam Aladdin al-Samarqandi points out that al-Zakat has been established by the Book, the
Sunnah and consensus. 202 Imam Al-Kasani confirms that zakat is an obligation, and the evidence
for its obligation is the Book, the Sunnah, consensus, and reasonable opinion. 203
The reason for the obligation of zakat is money that grows and is estimated because zakat
in the language is about growth and increase. Still, the ruling is unrelated to the reality of change
because it may or may not happen, so the verdict is attached to its evidence, which is trade. Nor
can it be attached to the reality of work because it may or may not exist, so it is attached to the
evidence of business, and the evidence of the trade in valuable gold and silver, because it is an
invitation to trade, so zakat was related to the description of the price. The description of the cost
is inherent to the same gold and silver. It remains after the formulation because the price means
that it is in a state by which the money of things is estimated and reached. The relevant ruling
204
remains in this capacity after the formulation, so zakat is obligatory.
Imam Al-Kasani indicates that as for the consensus, the nation unanimously agreed on its
obligation, and as for what is reasonable, one of them is that the payment of zakat is a subsidy to
the weak, relieving the distressed, empowering the helpless, and strengthening them to perform
what God, the Mighty, and Sublime, has enjoined on him of monotheism and acts of worship.
200
201
202
Aladdin al-Samarqandi (d. 539 AH), Tuḥfat al-Fuqaha' (Eng. The Masterpiece of Jurisprudents), second edition
(Beirut: Dar al-Kutub al-Ilmiyah, Beirut, 1414 AH - 1994 AD), Vol. 1, p. 263.
203
Al-Kasani, Aladdin, Abu Bakr bin Masoud Al-Ḥanafi, nicknamed The King of Scholars (d. 587 AH), Bada‘i Al-
Ṣana‘i fi Tartib Al-Shari‘, first edition (1327-1328 AH,) Parts 1-2 (Egypt: Press of the Scientific Publications
Company), Parts 3 – 7 ((Egypt: El-Gamaleya Press), Vol. 2, p. 2.
204
Muhammad bin Abd al-Hamid al-Asmandi (d. 552 AH), Ṭariqat al-Khilaf fi al-Fiqh bayna al'Ayima al-'Aslaf
(Eng. The Method of Disagreement in Jurisprudence between the Ancestral Imams), it was verified, commented on,
and published for the first time by: Dr. Muhammad Zaki Abd al-Barr, Professor of Islamic Sharia and Civil Law at
the Faculties of Sharia and Law in Arab Universities and Vice President of the Court of Cassation (previously), the
second edition (Cairo: Dar Al-Turath Library, Cairo, 1428 AH - 2007 AD), p. 12.
77
And the means to perform the obligatory. The second is that zakat purifies the soul of the
performer from the filth of sins. 205
Imam al-Ghazali mentions that Various types of Zakat. He indicates that there are six
topics of Zakat - (1) Zakat of creatures, (2) Zakat of yields, (3) Zakat of gold and silver, (4) Zakat
of the wares of business. (5) Zakat of mines and (6) Zakat of Idul Fitr. 206
Each Muslim is expected to pay Zakat al-Fitr at the finish of the long stretch of Ramadan
as a badge of gratefulness to God for having empowered him to do fasting. Its motivation is to
sanitize the people who are quick from any obscene demonstration or discourse and to help poor
and penniless people. Zakat al-Fitr is the occupant of each free Muslim who has one Sa‘ of dates
or grain, which is not required as fundamental nourishment for himself or his family as long as
necessary. Each free Muslim should pay Zakat al-Fitr for himself, his better half, youngsters, and
workers. This is the assessment of Imam Malik, Al-Shafi‘, and Ahmad. Imam Abu Hanifah,
notwithstanding, said that it is just compulsory for one who has a niṣāb (a base measure of
property) in the wake of satisfying the expenses of his home, work, pony, and weapon. 207
It is not admissible to defer giving Zakat al-Fitr after the day of Eid (for example, one
might surrender it to the hour of the Eid supplication). In any case, a few legal scholars imagine
postponing giving it even after the ‘Eid prayer is passable. At any rate, the pioneers behind the
four acknowledged legitimate Islamic schools concur that Zakat al-Fitr is valid only by the
inability to pay it on its expected time. One is only included if it is paid before The ‘Eid
supplication. It turns into an obligation payable even in the afterlife. The primary beneficiaries
should only convey the departed’s inheritance after the installment of the left’s neglected Zakat
al-Fitr. 208
Most researchers accept paying Zakat al-Fitr a little while before Eid is passable. Ibn
Umar detailed that the Messenger, peace be upon him, requested them to pay Zakat al-Fitr before
individuals went out to play out the Eid petition. Nafi‘ revealed that Umar used to pay it daily or
two preceding the finish of Ramadan. Be that as it may, researchers hold various suppositions
205
Al-Kasani Al-Ḥanafi, Bada‘i Al-Ṣana‘i fi Tartib Al-Shari‘, Vol. 2, p. 3.
206
Imam Ghazzali, Ihya Ulum-id-in (Eng. Revival of Religious Teachings), Vol. 1, p. 175.
207
See “The Purpose of Zakat al-Fitr,” Read More on islamonline: https://islamonline.net/en/the-purpose-of-zakat-
al-fitr/
208
Ibid.
78
when a more extended time span is involved. As indicated by Abu Hanifah, it is passable to pay
it even before Ramadan inasmuch as you make the aim of Zakah. Al-Shaf‘i holds that it is
reasonable to do as such toward the start of Ramadan. Malik and Ahmad (in their notable view)
keep up that paying it only a couple of days in advance is reasonable. 209
The legal advisers maintain various viewpoints about the sorts of food which should be
given at Zakat al-Fitr. The Hanbali view is that the sorts of food which can be given are five:
dates, wheat, raisins, grain, and dry curds. Imam Ahmad is accounted for to have said that any
sort of staple grain or dates are likewise passable, regardless of whether the over five kinds are
accessible. The Malikis and Shafi‘is are of the view that giving any sort of food for however long
it is the principal staple in that specific locale or the primary food of the person is allowable.
With respect to the Hanafis, they grant paying the worth of Zakat al-Fitr in cash. 210
How much Sa‘ is a particular measure that rises to 4 mudds (a mudd approaches a modest
bunch of a typical man). The identical contemporary loads of Sa‘ contrast as indicated by the
stuff which is weighted. For instance, Sa‘ of wheat rises to 2176 grams, Sa‘ of rice is 2520
grams, a Sa‘ of beans approaches 2250 grams, etc. Consequently, a few researchers are of the
view that the rule ought to be the action, not the load, for there are sorts of food that are heavier
than others. Yet its indicated that this is the situation if the same load of a particular sort of food
is not known. If there is no accessible measure or weight with the individual, he ought to pay
four muddy. These days, it is not so much that that issue since services of strict undertakings in
Muslim nations and mosques and Islamic focuses in Western nations report the worth of Zakat
al-Fitr consistently. In any case, this is the mandatory sum that each Muslim ought to pay. It is
better and suggested that one pays an additional sum, especially for individuals who are affluent,
for they will be compensated for it.211
The wisdom of Zakat in Islam explained as follows:
It is a way to complete and excellent an individual’s Islam, since it is one of the

mainstays of Islam. If an individual satisfies it, his Islam is complete. This is a significant go for
the gold, and each accepting Muslim will endeavor to consummate his confidence. It is
209
Ibid.
210
Ibid.
211
Ibid.
79
characteristic of an individual’s genuineness of confidence since abundance is unforgettable to
individuals, and something cherished will not be surrendered except something similar or more
adored, or instead for something more cherished. Subsequently, it is called sadaqah, because it
demonstrates the genuineness (side) of an individual’s craving to satisfy Allah, the Almighty. It
purges the personality of the person who gives it, saving him from being a misanthrope. He is
incorporated among the liberal since, supposing that he acclimates himself to giving, whether it
is providing information or giving riches, or utilizing his situation to help other people, that
offering will turn into a trademark for himself and will be necessary for his inclination until he
blows up if there is a day when he does not give. Like the tracker who becomes accustomed to
hunting, you will discover him feeling restless on the off opportunity that one day he does not
chase. Likewise, the person who has become used to being liberal will feel restless if he does not
212
give a portion of his riches or utilize his situation to help others one day.
Among the wisdom of zakat in Islam and alms is for a Muslim to feel a bond that attracts
him toward his brother. Because he feels what hurts him and he senses what disasters and
calamities befall him, his heart softens and sympathizes with him so that he pays what God has
given him with a satisfied soul and a heart reassured by faith. 213
Zakat in Islam has more wisdom, like, it delights the heart. If an individual gives
something, particularly riches, he feels euphoric. This is the category of thing that is attempted
and tried. However, it depends upon the condition that he gives readily and eagerly, not
hesitantly. It joins an individual to the position of the genuine devotee. It is one of the methods
for entering Heaven since Paradise is for the person who “expresses great words, spreads (the
hello of) salaam, takes care of the hungry and implores around evening time when individuals
are snoozing.” And we all are endeavoring to enter Heaven. It makes the Muslim society like a
solitary family, in which the people who have the means show empathy to the individuals who
do not have the means and the rich to the individuals who are in difficulty. Consequently, an
212
See “What Is the Wisdom of Zakah?” from (Publication: 14-09-2007), from
https://islamqa.info/en/answers/43609/what-is-the-wisdom-of-zakah
213
Abdul Aziz bin Abdullah bin Abdul Rahman bin Baz, Majmu‘ Fatawaa wamaqālāt Mutanawie‘a (Eng. A
Collection of Various Fatwas and Articles,) compiled and supervised by Dr. Muhammad bin Saad Al-Shuwai‘er,
Head of the Department of Scholarly Research and Ifta in the Kingdom of Saudi Arabia, Vol. 18, p. 410.
80
individual feels that he has siblings to whom he should accomplish something beneficial, as
Allah has done right by him. 214
Dr. Saad bin Turki Al-Khathlan points out regarding investing zakat funds before
disbursing them to the beneficiaries that zakat must be disbursed in the legal ways mentioned by
God Almighty in His Holy Book. This ruling is the obligation to disburse zakat immediately, so
it is not permissible to delay it, and it is known that investing zakat money leads to delaying the
disbursement of zakat. Moreover, among the most prominent types of zakat are: the poor, the
needy, and those in debt, and from the wisdom of the legality of zakat is to fill their needs, and
investing it may miss this interest or delay it for them. That is why we say: It is not permissible
to invest zakat money; rather, it must be disbursed immediately to those who deserve it. And God
knows best. 215
Zakat smothers the flares of upset among poor people, for an unfortunate man might be
incited by finding a man who can ride anything sort of vehicle he needs, live in anything that
some royal residence he needs, and eat anything type of food he needs, while he has no method
for transportation except for his own two feet, and can rest just on the ground, etc., so without a
doubt, he will feel a disdain in his heart of some sort. Be that as it may, if the rich are liberal to
poor people, they will forestall disobedience and calm their displeasure. They will say: we have
siblings who recognize us now and again of difficulty so that they will have affection for the
rich. It forestalls financial wrongdoings like burglary and taking and such because the
unfortunate will get to the point of addressing their requirements. They will pardon the rich since
they are giving them a portion of their abundance, and they will see that they are treating them
well so they will not violate the roles. Zakat is also salvation from the intensity of the Day of
Revival. 216
Sheikh Ibn Jibrin clarifies the wisdom of zakat legislation by indicating that God
Almighty has legislated it to purify wealth, develop it, and sympathize with the oppressed, and
214
215
Dr. Saad bin Turki Al-Khathlan, “Investing zakat money before disbursing it to those who deserve it!” Zakat
book / Miscellaneous issues, Date 10/12/1426 AH in: Scholars and students of knowledge: “Fatwas and
Consultations from the Islam Today website,” Publisher: Islam Today website, http://www.islamtoday.net
216
81
for the sake of all that, God Almighty made it a right in this money. The Almighty says: “19. And
in their properties, there was the right of the beggar and the Mahrum (the poor who does not ask
the others) (The Qur’an, 70: 19), and the Almighty says: (24. And those in whose wealth there is
a known right, 25. For the beggar who asks, and for the unlucky who has lost his property and
wealth (and his means of living has been straitened;) (The Qur’an, 70: 24-25), and this right is
zakat, and between its people, it is for the beggar and the deprived, that is, for the poor and the
like. If there is a right in the money, then the obligation is not absolved except by paying this
right to the one who deserves it. Otherwise, the one who prevents it deserves punishment. 217
As for the passing of the year, obligating the zakat within less than the year entails
unfairness to the rich, and binding it beyond the year entails harming the rights of those who are
entitled to zakat; therefore, it was the wisdom of the Sharia to estimate a specific time for it,
which is the year, and in linking that to the year, there is a balance between the right of the rich
and the right of the deserving, for alms. 218
Sheikh Ibn Jibrin adds on the wisdom of zakat God also knew that there is someone in
need; not all people are rich; among them are the oppressed; among them are the poor; among
them are infirm; among them are lazy; among them are the deprived, and among them are the
debtors, so He made the wealth of the rich a right for those out of consolation. If the money was
alone with the wealthy, and they seized and kept it and did not take anything out of it, those
people would be harmed. God Almighty differentiated between his creation; He facilitated the
means for some of them and helped them to acquire prosperity, so he gave them money that
would be a reason for their wealth and richness, and he also gave them intelligence, discernment,
and the ability to acquire and collect money with which they can develop it. Some are the same
in intelligence and understanding, but they have been unable to do this, which is acquisition. 219
Zakat is the most cardinal and crucial framework in an Islamic request. Its tendency,
construction, and work can be better visualized from the all-out point of view of the Islamic
217
Abdullah bin Abdul Rahman bin Abdullah bin Jibreen, The Fatwas of Sheikh Ibn Jibreen (No further publishing
information), Vol. 1, p. 29. For the interpretation of the verses, Dr. Muhammad Muhsin Khan and Dr. Muhammad
Taqi-ud-Din Al-Hilali, Interpretation of the Meanings of the Noble Qur’an.
218
Muhammad bin Saleh bin Muhammad al-Uthaymeen (d. 1421 AH), Fatawa Arkān al-Islam (Eng. Fatwas of the
Pillars of Islam), compiled and arranged by Fahd bin Nasser bin Ibrahim Al-Sulaiman, first edition (Riyadh: Dar Al-
Thuraya for Publishing and Distribution, 1424 AH), p. 422.
219
Abdullah bin Abdul Rahman bin Abdullah bin Jibreen: “The Fatwas of Sheikh Ibn Jibreen,” Vol. 1, p. 29.
82
arrangement of life. Subsequently, it becomes basic to clarify the fundamental precepts of Islam
and to feature Zakat as the essential organization of social request. The lessons of Qur’an and
Sunnah advance and fosters a social request on such grounds, which are the most grounded and
stable, including the arrangement of Zakat and other Sadaqaat. As Zakat is a significant
arrangement of Islamic philosophy in this manner, it assumes a dynamic part in the otherworldly
and public activity of Muslim society. The installment of Zakat is not just required and
mandatory, yet as an organization and framework, Zakat is a significant wellspring of the
steadiness of the general public. The arrangement of Zakat guarantees appropriate circulation of
abundance and generally affects the whole setup of the general public. On the off chance that
Zakat is laid out as an establishment, it will make an aggregate government-managed retirement
conspire for shared help/compassion, and the assets can be additionally used for the social turn of
events. Muslim efforts are engaged: to explain the meaning of Zakat as a foundation, to expand
the effect of Zakat on the public activity of Muslim society as it is the essential subject of the
review, to develop vital mindfulness about fundamental topics among all areas of society
especially savvy, elites, and assessment pioneers and to advance further exploration about the
effect of Zakat on the public activity of Muslim society so Zakat an organization is laid out in
Muslim nations. 220
Zakat also influences Maintainable Financial Improvement, which is a critical reference

that looks at the job of Islamic social money, remembering Zakat for adding to manageable
monetary improvement worldwide. Zakat has been distinguished as an important hotspot for the
progress of the Muslim community’s economy and affects the country’s financial advancement.
This distribution features the effect of Zakat on the Feasible Turn of Events by taking on an
Islamic way of dealing with contemporary economic issues and the strategies for content
investigation and meta-examination techniques. 221
5.5 The Wisdom of Fasting:
220
Muhammad Abdullah, Abdul Quddus Suhaib, “The Impact of Zakat on Social life of Muslim Society,” Pakistan
Journal of Islamic Research Vol 8, 2011, p. 85. Available from
https://zakat.punjab.gov.pk/system/files/Reseach%20Paper%20on%20Zaakt%28II%29.pdf
221
Adel Sarea, Impact of Zakat on Sustainable Economic Development (Hershey: IGI global, 2021), p. xvi.
83
Fasting is mentioned in the Qur’an and Sunnah.
The Qur’an says: “183. O you who believe! Observing As-Saum (the fasting) is
prescribed for you as it was prescribed for those before you, that you may become Al-Muttaqun
(the pious – see V.2:2). 184. [Observing Saum (fasts)] for a fixed number of days, but if any of
you is ill or on a journey, the same number (should be made up) from other days. And as for
those who can fast with difficulty, (e.g. an old man, etc.), they have (a choice either to fast or) to
feed a Miskin (poor person) (for every day). But whoever does good of his own accord, it is
better for him. And that you fast, it is better for you if only you know. 185. The month of
Ramadan in which was revealed the Qur’an, a guidance for mankind and clear proofs for the
guidance and the criterion (between right and wrong). So whoever of you sights (the crescent on
the first night of) the month (of Ramadan i.e. is present at his home), he must observe Saum
(fasts) that month, and whoever is ill or on a journey, the same number [of days which one did
not observe Saum (fasts) must be made up] from other days. Allah intends for you ease, and He
does not want to make things difficult for you. (He wants that you) must complete the same
number (of days), and that you must magnify Allah [i.e. to say Takbir (Allahu-Akbar; Allah is the
Most Great) on seeing the crescent of the months of Ramadan and Shawwal] for having guided
you so that you may be grateful to Him.” (The Qur’an, 2: 183 – 185). 222
The Qur’an also says: “187. It is made lawful for you to have sexual relations with your
wives on the night of As-Saum (the fasts). They are Libas [i.e. body cover, or screen, or Sakan,
(i.e. you enjoy the pleasure of living with her – as in Verse 7:189) Tafsir At-Tabari], for you and
you are the same for them. Allah knows that you used to deceive yourselves, so He turned to you
(accepted your repentance) and forgave you. So now have sexual relations with them and seek
that which Allah has ordained for you (offspring), and eat and drink until the white thread (light)
of dawn appears to you distinct from the black thread (darkness of night), then complete your
Saum (fast) till the nightfall. And do not have sexual relations with them (your wives) while you
are in I’tikaf (i.e. confining oneself in a mosque for prayers and invocations leaving the worldly
activities) in the mosques. These are the limits (set) by Allah, so approach them not. Thus does
Allah make clear His Ayat (proofs, evidences, lessons, signs, revelations, verses, laws, legal and
222
84
illegal things, Allah’s set limits, orders, etc.) to mankind that they may become Al-Muttaqun (the
pious – see V.2:2).” (The Qur’an, 2: 187). 223
The Sunnah of the Prophet Muhammad, peace be upon him, referred to the fasting.
Narrated Talḥa bin ‘Ubaid-UlIãh: A bedouin with unkempt hair came to Allah’s
Messenger, peace be upon him, and said, “O Allah’s Messenger! Inform me what Allah has made
compulsory for me as regards ASalat (the prayer).” He replied: “You have to perform the five
compulsory Ṣalat (Iqamat-Aṣaat) in a day and night (24 hours), unless you want to offer
Nawafil.” The bedouin further asked, “Inform me what Allah has made compulsory for me as
regards fasting.” He replied, “You have to observe Saum (fast) during the whole month of
Ramadan, unless you want to fast more as Nawafil.” The bedouin further asked, “Tell me how
much Zakãt Allah has enjoined on me.” Thus, Allah’s Messenger informed him about all the
laws (i.e., fundamentals) of Islam. The bedouin then said, “By Him Who has honored you, I will
neither perform any Nawafil nor will I decrease what Allah has enjoined on me.” Allah’s
Messenger, peace be upon him, said, “If he is saying the truth, he will succeed (or said, he will
be granted Paradise).” 224
It was narrated from Abü Hurairah, may Allah be pleased with him, that the Messenger of
Allah, peace be upon him, said: “When Ramadân comes, the gates of Paradise are opened and
the gates of the Fire are closed, and the devils are fettered.” 225
Fasting, in linguistics, is abstinence, and in Sharia law: it is abstaining from eating,

drinking, and sexual intercourse with the intention of a specific time, which is the day of a
specific person who is clean of menstruation and postpartum bleeding. 226
223
Ibid.
224
225
226
Muhammad bin Mahmoud bin Abd al-Karim al-Kurdari Badr al-Din al-Ḥanafi, famous for Khawaherzadeh (d.
651 AH), Sharḥ Mushkilāt al-Qudduri (Eng. Explanation of the Problems of al-Qudduri), edited by 1- Ahmed
Rashid Al-Muhailbi, from the beginning of the book to the end of Hajj, 2- Muhammad Omar Al-Otaibi, from the
beginning of sales to the end of the appearance, 3- Saad Mijbel Al-Taweel, from the beginning of the curse to the
end of the book, the Origin of the Editing: Master Theses, Majoring in Jurisprudence and its Principles, International
Islamic Sciences University – Jordan, presented by a. Dr. Salah Muhammad Abu Al-Hajj, Dean of the Faculty of
Hanafi Jurisprudence at the International Islamic Sciences University first edition (Riyadh: Golden Heritage,
Kuwait: Imam Al-Dhahabi Library, 1438 AH - 2017 AD), Vol., p. 393.
85
Fasting Ramadan is obligatory for every sane adult Muslim to perform and make up, and
fasting vows and expiations are obligatory, and everything else is supererogatory, and it is
obligatory. Fasting during the two Eids and the days of tashriq is forbidden. 227
Imam al-Ghazali points out that there are three classes of quick. (1) quick of the overall
Muslims. It is to control oneself from eating and drinking and from sexual relationship. This is
the most minimal quick. (2) Quick of a couple of select Muslims. In this sort of fasting, besides
the above things, one abstains from sins of hands, feet, sight, and different body appendages. (3)
Quick of the most significant class. These individuals keep quick of their psyche. All in all, they
do not consider something else except God and the following scene. They feel just the world
with the expectation of the next stage as it is the seed ground for what is in store. A specific sage
said: One sin is composed of one whose endeavors during the day are made exclusively to plan
for breaking quickly. This most high class of individuals are the Prophets and the almost ones of
God. This quick is kept in the wake of forfeiting oneself and his contemplations entirely to God.
This is the significance of the section: “Say God and afterward leave them wearing in their vain
discussions,” (The Qur’an, 6:91). The fasting of select for devout men lays on six obligations for
acquiring flawlessness. One of them is to control vision based on what is malevolent and from
things that redirect consideration from God’s recognition. 228
On this occasion, when talking about the benefits of worship, some people turn them into
worldly benefits. For example, they say that prayer is a sport and a help for the nerves, fasting is
a benefit for removing waste and meal arrangement and worldly gifts are not supposed to be the
original because this leads to weakening sincerity and being heedless of the will of the Hereafter.
Therefore, God Almighty explained in His Book the wisdom of fasting; for example, it is a
reason for righteousness, for religious benefits are the origin, and worldly benefits are secondary.
Therefore, when we speak to the public, we address them with spiritual aspects. If we talk with
227
Al-Mawsili, Abdullah bin Mahmoud bin Mawdood Al-Ḥanafi, al-Ikhtiar lit‘aelil al-Mukhtar (Eng. The Choice to
Justify Al-Mukhtar), with comments by Mahmoud Abu Daqeeqa (a Hanafi scholar and teacher at the Faculty of
Fundamentals of Religion previously (Cairo: Al-Halabi Press, 1356 AH - 1937 AD), Vol. 1, p. 125.
228
Imam Ghazzali, Ihya Ulum-id-in (Eng. Revival of Religious Teachings), Vol. 1, pp. 196-197.
86
those who are only convinced of something material, we address them with religious and worldly
elements. 229
The period of Ramadan is a down-to-earth self-preparing process on the earnestness and

trustworthiness of the devotee. If the fasting individual avoids doing what is allowable, for
example, eating and drinking during the day quickly, it is improper of him to commit what is
illegal, whether it is during fasting or at some other time. A savvy man would not shun what is
legal out of his dutifulness to the orders of his Master and commit what his Ruler considered
disallowed during the long stretch of Ramadan. For sure, infidelity is prohibited by the
agreement of Muslims. The individual who commits infidelity is not a fasting individual,
regardless of whether he ceases eating during Ramadan. 230
And the most incredible wisdom in rulings is that the verdict is fixed in the Book of God
or the Sunnah of His Messenger; peace is upon him because we believe that every command
established in the Book and the Sunnah is wisdom. Its compliance is wisdom because in this
obedience is an obedience to God and His Messenger, peace is upon him, and reward is obtained.
Based on this, if we ask a questioner about the wisdom of something from the laws, then it is
sufficient for him, if he is a believer, to say: Thus said God and His Messenger. For God,
Almighty says: “36. It is not for a believer, man, or woman, when Allah and His Messenger have
decreed a matter that they should have any option in their decision. And whoever disobeys Allah
and His Messenger, he has indeed strayed in a plain error,” (The Qur’an, 33: 36). And this was
the methodology that the Companions followed. May God be pleased with them; The Mother of
the Believers, Aisha, may God be pleased with her, was asked about a menstruating woman
making up the short but not the prayer. Aisha, may God be pleased with her, replied that this used
to happen to them at the time of the Prophet, peace be upon him, and they were commanded to
229
Muhammad bin Saleh bin Muhammad al-Uthaymeen (died 1421 AH), Majou‘ Fatawa wa Rasāil al-Uthaymeen
(Eng. Collection of Fatwas and Letters of His Eminence Sheikh Muhammad bin Saleh al-Uthaymeen), compiled and
arranged by Fahd bin Nasser bin Ibrahim Al-Sulaiman, the last edition (Dar Al Watan - Dar Al Thuraya, 1413 AH),
Vol. 26, p. 102.
230
See “Wisdom behind Fasting,” Publish date:30/04/2020, from
https://www.islamweb.net/en/article/179035/wisdom-behind-fasting
87
make up the fasts, and they were not commanded to make up the prayers, and this means that
wisdom is the judgment of God and His Messenger, peace be upon him. 231
Fasting is a comprehensive otherworldly encounter that offers an immense conversation

starter mark for the people who handle the insight behind this commitment. A fasting individual
ought to consider the soul of mindfulness and sharing, which fasting creates in Muslims. All
fasting Muslims share a similar aggravation, craving, thirst, and harshness of hardship while
fasting with poor and penniless people. Ramadan makes a social and philanthropic setting that
cultivates sympathy for the destitute all over the planet. By our intentional yearning and thirst,
we understand being denied of fundamental necessities of life. Ramadan is a memorable
opportunity and help the people who are less lucky. Besides, all Muslims additionally feel the
delight of breaking their quick and relish appreciation to Allah, The Commended, for His beauty.
The needy individuals cheer at their well-off siblings who sympathize with their aggravation and
endure with them. They cheer at the possibility that their well-off siblings assist them with
warding off the scourge of craving and unpleasant hardship. Fasting restores the idea of social
fortitude among the Muslim people group. 232
The difference between the rule of fasting and the rule of other good deeds in that the
legislator specified fasting by adding it to himself, and therefore it was honored by others. As in
the authentic hadith that the Messenger of God, may God’s prayers and peace be upon him, said:
“God says: Every deed of the son of Adam is for him, except for fasting, for it is for Me and I
reward him.” Adorn it, even though prayer is better than it, as stated in Fatwas and the hadith,
“The best of your deeds is prayer.” And the well-known narration on the authority of Umar, may
God Almighty be pleased with him, is that he wrote to his workers, “The most important of your
matters to me is prayer.” Therefore, there is a need to explain the difference that necessitated this
addition, the specification, and the confusion of people in it. No one can truly see fasting except
Allah, the Most High, who has pointed out His honor in contrast to prayer and other than that.
Ibn Al-Shat said: “What is meant by what he said in the hadith is, “every deed of the son of
Adam is for him,” etc. only the outward actions, not what includes the inward ones of faith and
231
al-Uthaymeen, Majou‘ Fatawa wa Rasāil al-Uthaymeen, (Eng. Collection of Fatwas and Letters of His Eminence
Sheikh Muhammad bin Saleh al-Uthaymeen), Vol. 26, p. 252. For the interpretation of the verse, Dr. Muhammad
Muhsin Khan and Dr. Muhammad Taqi-ud-Din Al-Hilali, Interpretation of the Meanings of the Noble Qur’an.
232
88
other works of good hearts.” It is even said: “It is like fasting in secret, and there is no
contradiction between singling out the fast with this feature and not the outward actions, with the
fact that prayer is better than it because the surplus may attain advantages that are not achieved
in the virtuous one. And whoever says that a person’s stomach during fasting remains empty, and
thus he attains to him the likeness of divinity, then the Samad is that which has no atmosphere.
He has one of the sayings about it. 233
Fasting produces in man sensations of joy, true serenity, and profound fulfillment and
encourages the solidarity of the Muslim people group. It teaches man the genuine soul of society,
having a place of solidarity and fraternity; when one diets, he feels that he is joining the entire
Muslim community in noticing similar obligations in similar ways simultaneously for identical
thought processes and to a similar end. Fasting joins all Muslims. They all offer comparable
sufferings and difficulties of hardship all through the thirty-day self-control insight wherein they
bring much to liberate from their propensities. 234
Imam al-Ghazali indicates that five things obliterate fasting, like deception, conniving,
criticism, prevarication, and sight with seal enthusiasm. To limit the tongue from the pointless
talk, misleading talking, conniving, defame, harmful discourse, indecency, false reverence, and
ill will, to take on quietness, and to keep the tongue occupied with the recognition of God and
presenting the Qur’an. To limit the ear from hearing the abhorrent discussions since what is
unlawful to complete is additionally unlawful to hear. Hence, God put the eater of unlawful food
and the listener of unlawful words on a similar level. To save the hand, feet, and different organs
from sins, from fiendish deeds, and to save midsection from far-fetched things at the hour of
breaking quick. There is no significance of fasting, assuming it is kept with legal food and
broken with unlawful food. He resembles a man who obliterates a town to develop a structure. It
is additionally harmful to eat legitimate food in abundance and hot to eat it little. He who diets
233
Abu al-Abbas Shihab al-Din Ahmad ibn Idris ibn Abd al-Rahman al-Maliki, al-Qarafi (died: 684 AH), Anawār al-
Burouq fi Anwa’ al-Furuq (Beirut: World of Books), Vol.1, p. 151. At the top of the page “Al-Qarrafi’s book “Al-
Furuq = Anwar al-Burooq fi Anwar al-Furuq.” After it (separated by a comma), Idrar al-Shorouk ‘Ala Anwār al-
Furuq, which is a footnote to Sheikh Qasim bin Abdullah, known as Ibn al-Shat (723 AH), to correct some rulings
and revise some issues. After it (separated by a comma), Tahḍib al-Furuq wa al-Qawā‘id al-Sunniyah fi al-al-Asrar
al-Fiqhiyyah (Eng. Refining the Differences and the Sunni Rules in the Secrets of Jurisprudence) by Sheikh
Muhammad bin Ali bin Hussein, the Mufti of Al-Malikiyah in Makkah Al-Mukarramah (1367 AH), and in it he
summarized, refined and clarified some of its meanings.
234
89
and carries out underhanded things resembles a patient who limits himself from eating organic
products because of a paranoid fear of sickness but who swallows poison. 235
The period of Ramadan is a period of revolutionary positive change. When he dies, he

controls himself and fully commands his propensities and wants. At different times, one cannot
get through swearing off eating and drinking for a brief timeframe. Be that as it may, in
Ramadan, he might take a gander at the nourishment he needs, yet he wouldn’t even consider it
an option to eat it out of his dutifulness to the orders of Allah, The Commended. To be sure, one
is not compelled to quick in that frame of mind of Ramadan; there is no position to look at man’s
way of behaving or constrain him to notice fasting. One might profess to be quick before
individuals if his heart feels no dread toward his Ruler. Fasting is a demonstration of love
proposed to Allah, The Magnified, with total commitment and genuineness, just expecting the
compensation of Allah The Lifted up. Such fasting individuals do not fear anybody, yet Allah,
The All-powerful. Like this, the awards for fasting are priceless, and Allah, The Lifted, Up can
recognize such bountiful prizes. 236
5.6 The Wisdom of Hajj:
Hajj is mentioned in the Qur’an and Sunnah.
The Qur’an says in Surat al-Hajj: “27. And proclaim to mankind the Hajj (pilgrimage).
They will come to you on foot and on every lean camel, they will come from every deep and
distant (wide) mountain highway (to perform Hajj). 28. That they may witness things that are of
benefit to them (i.e. reward of Hajj in the Hereafter, and also some worldly gain from trade, etc.),
and mention the Name of Allah on appointed days (i.e. 10th, 11th, 12th, and 13th day of Dhul-
Hijjah), over the beast of cattle that He has provided for them (for sacrifice) (at the time of their
slaughtering by saying: Bismillah, Wallahu-Akbar, Allahumma Minka wa Ilaik). Then eat thereof
and feed therewith the poor who have a very hard time. 29. Then let them complete the
prescribed duties (Manasik of Hajj) for them, and perform their vows, and circumambulate the
Ancient House (the Ka‘bah at Makkah). 30. That (Manasik prescribed duties of Hajj is the
235
Imam Ghazzali, Ihya Ulum-id-in (Eng. Revival of Religious Teachings), Vol. 1, pp. 197-198.
236
90
obligation that mankind owes to Allah), and whoever honors the sacred things of Allah, then that
is better for him with his Lord. The cattle are lawful to you, except those (that will be) mentioned
to you (as exceptions). So shun the abomination (worshipping) of idol, and shun lying speech
(false statements).” (The Qur’an, 22: 27-30). .237
Hajj is also mentioned in the Sunnah of the Prophet Muhammad, peace be upon him.
Narrated Abu Hurairah, may Allah be pleased with him: The Prophet said, “Whoever
performs Haj) for Allah’s sake only and does not have sexual relations with his wife, and does
not do evil or sins; then he will return (after Hajj, free from all sins) as if he was born anew.” 238
It was narrated from Safwan bin Ya‘la bin Umayyah, from his father, may Allah be
pleased with them, that a man came to the Prophet, peace be upon him. when he was at Al-
Ji'rânah. He had entered Ihrâm for ‘Umrah and he had put Ṣufrah (Khaluq) in his hair and beard,
and was wearing a Jubbah. He said: “O Messenger of Allah, I have entered Ihrâm for 'Umrah,
and I am as you see.” He said: “Take off the Jubbah and wash off the Ṣufrah, and what you
would do in your Ḥajj, do it in your ‘Umrah.” 239
Narrated Nãfi‘: ‘Abdullãh bin ‘Umar, may Allah be pleased with them, said, “Allah’s
Messenger, peace be upon him, said, ‘The people of Al-Madina should assume Ihrãm from Dhul-
Hulaifa; the people of Sham from A1-Juḥfa; and the people of Najd from Qarn.” And ‘Abdullãh
added, “I was informed that Allah’s Messenger had said, ‘The people of Yemen should assume
Ihram from Yalamlam.’” 240
Hajj is one of the five pillars of Islam on which Islam is built, as the Prophet, may God’s
prayers and peace be upon him, said: “Islam is built on five: testifying that there is no god but
God and that Muhammad is the Messenger of God, establishing prayer, paying zakat, fasting
Ramadan, and pilgrimage to the Sacred House of God.” So, God Almighty imposed it on His
servants in the ninth year of the Hijrah. And the pilgrimage of the Prophet, may God’s prayers
237
238
239
240
91
and peace be upon him and his family, in the tenth year, and it is obligatory by the consensus of
241
Muslims.
It is visiting a specific place at a specific time with a specific action. Immediately

imposed once, on the condition of freedom, puberty, reason, health, ability, provisions, a ride left
over from pilgrim home and what he needs, expenses for going back and forth, his children, road
safety, a Mahram, or a husband for a woman on a journey. 242
The hajj, the pilgrimage, and the ‘umra, or visit to Mecca, are commitments towards God
that Muslims can achieve. The watchman places himself into a condition of ihram for his
understudy and the custodian for the insane person shared with his consideration, for one cannot
do this for oneself if unfit to grasp the idea of this demonstration of dedication. Concerning the
required journey and visit, an excursion to Mecca can never count for either, except if one has
placed oneself into a condition of ihram for one’s own, except if one is a free, and grown-up
Muslim. So poor people man is equipped for it, not the minor or the enslaved person. 243
As for the pillars of Hajj, they are four: Ihram, the tawaf of the visit, called the
circumambulation of the ifaadah, and striving between Safa and Marwah, and standing at Arafah,
and these pillars, if one of them is missing, the pilgrimage is invalid, according to the agreement
of three imams, and the Hanafis said: It has only two pillars; they are standing in Arafah, and
most of the visiting circumambulation, which is four rounds. As for the rest, which is the
remaining three that complete the seven, it is obligatory. As previously mentioned, the Sa'y
between Safa and Marwah is an obligation, not a pillar. 244
Imam al-Juwayni points out that the qualities considered in the validity of Hajj, its
occurrence from the imposition of Islam, and the stability of its imposition in the protection:
241
Muhammad bin Saleh bin Muhammad Al-Uthaymeen (died: 1421 AH), liqa' al-Bab al-Maftuḥ (Eng. Open door
Meeting) [Meetings that the sheikh used to hold at his house every Thursday. It began at the end of Shawwal 1412
AH and ended on Thursday, 14 Safar, 1421 AH], the source of the book: audio lessons transcribed by the Islamic
Network website, http://www.islamweb.net, 24/ 2.
242
Abu Al-Barakat Abdullah bin Ahmed Al-Nasafi (about 620 - 710 AH), Kanz al-Daqa’iq, edited by A. Dr. Saed
Bakdash, first edition (Dar Al-Bashir Al-Islamiyyah, Dar Al-Sarraj, 1432 A.H. - 2011 A.D.), p. 226.
243
Mahiudin Abu Zakaria Yahya Ibn Sharif En, Nawawi, Minhaj Et Talibin, A Manual of Muhammadan Law
According to the School of Shafii, translated into English from the French edition of L. W. C. Van Den Berg, by E.
C. Howard (London: W. Thacker & Co., 2, Creed Lane, E.C., Calcutta & Simla: Thacker, Spink & Co., 1914), p.
107.
244
Abd al-Rahman bin Muhammad Awad al-Jaziri (d. 1360 AH), al-Fiqh ‘alaa al-Madhahib al-‘Arba‘a, Vol. 1, p.
577.
92
Islam, reason, freedom, puberty, and ability. As for the condition of imagining the pilgrimage, it
is pure Islam. For a boy who is not discerning, his guardian may perform Hajj on his behalf. And
if we want to depict the pilgrimage from the person by engaging in ihram, then we add reason to
Islam, which the jurists call discernment. Even if it is valid, the pilgrimage of the boy does not
fall from the Hajj of Islam. 245
Hajj has many advantages, as it is a custom from which we become familiar with the
flawlessness of bondage and accommodation to Allah the All-powerful. Another advantage is
that it remembers preparing for the standards and values that Islam brought. Likewise, Hajj is a
preparation for the spirit to split away from the standard, which thus makes it more
straightforward to submit. The main product of the journey, nonetheless, that the devotee
procures is winning the delightful heaven upon the arrival of the best show. There is a ton of
extraordinary insight that we gain from Hajj. Some portion of the insight is that Allah plans
individuals for the ideal bondage of the All-powerful Allah, the Almighty. Bondage is finished
during Hajj since Hajj has numerous exercises that an individual does not have the foggiest idea
about their importance or pith but acknowledges them. 246
One of the most important verses in which the wisdom of the legality of Hajj is
mentioned is the Almighty’s saying about the supplication of Abraham, peace be upon him. The
Qur’an says: “36. “O my Lord! They have indeed led astray many among mankind. But whoso
follows me, he verily is of me. And whoso disobeys me, – still You are indeed Oft-Forgiving,
Most Merciful.” (The Qur’an, 14: 36), and (The Qur’an, 22: 27-30). Hajj is a benefit for the
people of Makkah, including every religious and worldly benefit, material and moral, political,
cultural, social, etc., benefiting the pilgrims and those who live in Makkah and Muslims in
general. The wisdom of Hajj can be explained as follows: The servant’s connection with his Lord
during the Hajj appears when the pilgrim enters Ihram, reciting the Talbiyah, acknowledging the
Oneness of God and thanking Him, and returning all the grace and grace to Him. And in his
245
Abd al-Malik bin Abdullah bin Yusuf bin Muhammad, Abu al-Ma‘ali, Rukn al-Din, Al-Juwayni, nicknamed the
Imam of the Two Holy Mosques, Nihayat al-Maṭlab fi Dirayat al-Maḍhab, edited by d. Dr. Abdel-Azim Mahmoud
El-Deeb, first edition (Dar Al-Minhaj, 1428 A.H.-2007 A.D), Vol. 4, p. 127.
246
See “Lessons and wisdoms from Hajj,” Read More on islamonline: https://fiqh.islamonline.net/en/lessons-and-
wisdoms-from-hajj/
93
striving between Safa and Marwah, hesitant, worried about his fate: Will God favor him when he
circumambulates his house or not? 247
Sheikh Ibn Baz clarifies the wisdom of Hajj by indicating that God, Glory be to Him, the
Most High, has legislated the pilgrimage for many pearls of wisdom, great secrets, and many
benefits. The greatest and most important of these benefits is what the pilgrim witnesses from
turning hearts to God, Glory be to Him, and turning to Him a great deal, by reciting the Talbiyah
and other types of dhikr. Its foundation and base upon which the actions of the servants revolve
is the realization of the meaning of the testimony that there is no god but God and that
Muhammad is the Messenger of God in word, deed, and belief. The first testimony: It is
obligatory to strip the worship of God alone and to single Him out with it, such as supplication,
fear, hope, trust, prayer, fasting, sacrifice, vow, and other types of worship. Because all of this is
the right of God alone, and he has no partner in that, neither a close angel nor a prophet sent. 248
Hajj reflects preparing for the standards and values that Islam brought, i.e., Islam got the
worth of correspondence between individuals. Individuals are equivalent to the teeth of a brush.
O individuals, your Master is one, and your father is one; every one of you has a place with
Adam and Adam from dust. So petitioning God demonstrates the importance of fairness.
However, there are a variety of stays among individuals in supplication. Some wear a turban,
others wear ghutra and iqal, others wear suits, and each wears everyday garments among his kin
or in his country. So, there is a sort of differentiation in supplication, even among those in a
similar column. Hajj needed to eliminate this large number of contrasts, so it expects individuals
to wear these garments that look like the covers of the dead, a robe, and a piece of clothing as
though individuals are being helped to remember the great beyond. They are allowed to retain
the sort of life it is. This is the importance of balance. 249
Hajj is associated with the cradle of prophecy and the revival of the House of God, and a
remembrance of past incidents that were the reason for the sanctity of this place, from the
247
Mufti Attia Saqr, The Wisdom of the Legality of Hajj, (May 1997), Fatwas of the Egyptian House of Ifta,
Egyptian Dar Al Iftaa, Vol. 9, p. 351. For the interpretation of the verses, Dr. Muhammad Muhsin Khan and Dr.
Muhammad Taqi-ud-Din Al-Hilali, Interpretation of the Meanings of the Noble Qur’an.
248
Abdul Aziz bin Abdullah bin Abdul Rahman bin Baz: Majmu‘ Fatawaa wamaqālāt Mutanawie‘a (Eng. A
Collection of Various Fatwas and Articles,) compiled and supervised by Dr. Muhammad bin Saad Al-Shuwai‘er,
Head of the Department of Scholarly Research and Ifta in the Kingdom of Saudi Arabia, Vol. 16, p. 242.
249
wisdoms-from-hajj/
94
presence of Hagar and her son Ishmael alone in this valley, and God’s kindness to them, so
Zamzam springs for them and the age of the place and he built the first house that was placed for
people as a blessing and guidance to the worlds. Therefore, ihram for Hajj in modest clothes and
away from the manifestations of luxury is a practical lesson in humility and not being arrogant
with the world’s trappings. It includes self-denial and focuses on drawing closer to God with a
sincere heart and a good deed that attains dignity with Him. 250
We additionally gain from the Hajj the importance of comprehensiveness. Hajj satisfies
the significance of comprehensiveness. Islam came as an all-inclusive call (to be an advance
notice to the universes), Allah says: “We have not sent you except as a mercy to the worlds.”
(The Qur’an: 21: 107). This comprehensiveness shows that the most remarkable thing shows up
in Hajj. Individuals come from each deep hole, white, black, and hued; this one is from Asia, this
is from Africa, this is from Europe, that is from Australia, and the other is from America; the
sorts, varieties, and classes, all insist the comprehensiveness of Islam. The Muslim who lived in
his town and just saw individuals of his town all through his life sees the world in Hajj. Such
Muslims escape this little pot to (meet) the world. 251
In the pilgrimage, there is training for travel, self-restraint from insults and immorality,
and abstaining from temptations. In addition to that, there is culture, knowledge, thinking,
consideration, and practical study on nature, to some extent, for a period of the life of the
Prophet, may God’s prayers and peace be upon him, and the history of the Arabs and their
religious memories, with commercial material benefits, and others in season. No one denies that
the pilgrimage is an opportunity to convene an Islamic conference that transcends the boundaries
of social environment, gender, and language, and transcends differences and fanaticism, in which
problems should be discussed, and solutions put in place, ideas converging and cultures cross-
fertilized, affirming the unity that God loves for Muslims to carry out together its general
religious and human duties. 252
250
Mufti Attia Saqr, “The Wisdom of the Legality of Hajj,” (May 1997), Fatwas of the Egyptian House of Ifta,
Egyptian Dar Al Iftaa, Vol. 9, p. 351.
251
wisdoms-from-hajj/
252
Mufti Attia Saqr, “The Wisdom of the Legality of Hajj,” (May 1997), Fatwas of the Egyptian House of Ifta,
Egyptian Dar Al Iftaa, Vol. 9, p. 351.
95
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THE WISDOM OF ISLAMIC LAW:

KNOWLEDGE, JUDGMENT, AND PRACTICE IN ISLAMIC SHARIA

The Meaning of Sharia: Conception of Islamic Law:

The Qur’anic Wisdom and Islamic Law:

Islamic Law in the West:

Islamic Law in USA: American Views

Muslim Jurists in the USA:

Islamic Law and Religion:

Islamic Law and Common Law:

Islamic Law and Positive Law:

Islamic Law and Theology:

Paying Attention to Deeds, Dr. Umar S. Al-Ashqar adds, it is an officeholder on us to

Islamic Law and Modernity:

Modernity means expanding the estimations of advancement and its connection to

Islamic Law and Customs:

Islamic Law and Current Social Issues:

American Social Life and Islamic Law:

In ‘PARENTS’ MANUAL A GUIDE FOR MUSLIM PARENTS LIVING IN NORTH

The Early Beginning of Islamic Law: The Qur’an and Sunnah

Islamic Law in the Era of the Rightly Guided Caliphs:

The Era of the Diligent Imams:

Islamic Fiqh in the Modern Age:

Islamic International Law:

Belief and Islamic Law:

Imam Al-Ghazali summarizes the principles of faith in Islam as follows: To have

Scholars of Islamic jurisprudence refer to God’s observance in worship for a person to

In his book On the Fundamentals of Islamic Jurisprudence, Imam Al-Bazdawi explains

Al-Taftazani believes that jurisprudence is a ratification of legal issues related to how to

The Wisdom of Purity:

Tahāra (Arabic: “purity”) is an arrangement of custom immaculateness in Islam. This

Tahāra is indicated in the Qur’an and Sunnah.

In the Sunnah, we read about Tahāra, the following:

Mustahabb of wudu. The details of which are as follows:

5.2.2 The Wisdom of Tayammum:

Tayammum is also indicated in the sunnah.

Imam Al-Shurnubalali specifies several requirements for tayammum, as follows:

One is allowed to make Tayammum in any of the accompanying cases:

The tayammum of a person in a condition of junub (significant pollution following sexual

5.3 The Wisdom of Prayer:

Prayer is mentioned in the Sunnah, too.

5.4 The Wisdom of Zakat:

Zakat is mentioned in the Qur’an and Sunnah.

Zakat is mentioned in the Sunnah too.

The wisdom of Zakat in Islam explained as follows:

It is a way to complete and excellent an individual’s Islam, since it is one of the

Zakat also influences Maintainable Financial Improvement, which is a critical reference

5.5 The Wisdom of Fasting:

Fasting, in linguistics, is abstinence, and in Sharia law: it is abstaining from eating,

The period of Ramadan is a down-to-earth self-preparing process on the earnestness and

Fasting is a comprehensive otherworldly encounter that offers an immense conversation

The period of Ramadan is a period of revolutionary positive change. When he dies, he

5.6 The Wisdom of Hajj:

Hajj is mentioned in the Qur’an and Sunnah.

It is visiting a specific place at a specific time with a specific action. Immediately

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