User:Baakaka

IMPORTANCE OF FAITH IN LAWS GOVERNING MUSLIMS

Creed and morality are the most essential bases upon which all legal systems are founded and only through them that the element of its legality can be obtained. They also determine whether or not a particular act can be described as suitable and consistent to human need. Thus, whenever the element of belief, creed or morality is stripped from a legal injunction, its effect or influence on an individual’s soul is absolutely minimal and defective to his behaviour. In fact separation between the two (i.e. creed and/or morality on one hand and an injunction) will create a negative effect and a reversal of the injunction’s objective. This is why Allah commanded a Muslim to declare, while praying or acting: "Who is better in speech than one who calls (men) to Allah, works righteousness, and says, "I am of those who bow in Islam"?" Surat Fussilat 14:33.

Most modern laws and conventions such as fundamental human rights are coined under the influence of the doctrine of humanism, which according to Harun Yahya, is considered a positive idea by the majority of people. It brings to mind notions such as love of humanity, peace and brotherhood. But, the philosophical meaning of humanism is much more significant: humanism is a way of thinking that posits the concept of humanity as its focus and only goal. In other words, it calls human beings to turn away from Allah their Creator, and concern themselves with their own existence and identity. A common dictionary defines humanism as: "a system of thought that is based on the values, characteristics, and behavior that are believed to be best in human beings, rather than on any supernatural authority." Humanism is an expression of "man's reckoning that he will be left to go on unchecked," which has been the primary basis, throughout history, for the denial of Allah. In one verse of the Qur'an, God says:

“Does man reckon he will be left to go on unchecked? Was he not a drop of ejaculated sperm, then a blood-clot which He created and shaped, making from it both sexes, male and female? Is He who does this not able to bring the dead to life?” (Qur'an, 75: 36-40)

Allah says that people are not to be "left to go on unchecked," and reminds them immediately afterwards that they are His creation. This is because, when a person realizes that he is a creation of Allah, he understands that he is not "unchecked" but responsible before Allah. All one’s actions, however minute they are, are subject to being scrutinized before Allah  on the day of Judgement: Allah says: "Then shall anyone who has done an atom's weight of good, see it! And anyone who has done an atom's weight of evil, shall see it." (Surat al-Zalzala [99:7-8])

Validity of Actions in the Sight of Allah: Thus, since man will not be left to go unchecked, all his actions must be subjected to the command of Allah  and must follow his directives while executing such actions. All teachings in Islam are converged to the Day of Judgement. In view of this, even if all objective conditions are present in an action or a worship, but sourced from a corrupted creed like humanism, atheism, philosophy, it is considered void ab inition in the eyes of the Sharia. The Holy Qur’an provides, thus:

"But the Unbelievers,- their deeds are like a mirage in sandy deserts, which the man parched with thirst mistakes for water; until when he comes up to it, he finds it to be nothing: But he finds Allah (ever) with him, and Allah will pay him his account: and Allah is swift in taking account. Or (the Unbelievers' state) is like the depths of darkness in a vast deep ocean, overwhelmed with billow topped by billow, topped by (dark) clouds: depths of darkness, one above another: if a man stretches out his hands, he can hardly see it! for any to whom Allah giveth not light, there is no light!" (Surat al-Nur [24:39-40])

Al-Dahhak said: “But the Unbelievers,- their deeds are like a mirage in sandy deserts” ‘it’s an unbelievers perception of good deeds such as visiting relatives and being good to neighbours’ he will not be rewarded of it since it is stripped of Tauheed.

"O ye who believe! Fear Allah, and (always) say a word directed to the Right: That He may make your conduct whole and sound and forgive you your sins: He that obeys Allah and His Messenger, has already attained the highest achievement." (Surat al-Ahzab [33:70-71])

One of the most important aspects of regulating human life, which ought to be related to creed and morality, is the area of establishment of law and order in a society. Where a law is a sole effort of human beings based a collection of intellectuals’ perception, and where it so happen that an accused is more intellect and sagacious than the judge or the lawmaker, there would be a high provability of injustice and dictatorship. Whenever the exercise of making laws is taken from the sanctity of Allah's revelations, equal people will be treated differently in similar circumstances, the elite immuned from the laws they are making and subjected to the non-elites with differing disparity among diverse classes. Contrary to Islamic principle in which any one regardless of their social status are equal before the Devine law, there was nothing like immunity from prosecution in Islam. “I swear by Allah, even if Fatima, the daughter of Muhammad stole, I will cut her hand”, that’s the Prophet’s stand on the equality before law. In another Hadith reported by Abu Huraira, he said when the verse: “And admonish thy nearest kinsmen” (Surat al-Shu’ara’ – 26/214) The Messenger of Allah,  called all of Quraysh. They gathered. He (called them) collectively and individually. Saying: O the children of Ka’b bin Lu’ay! Save yourselves from the hell. O the children of Murrah bin Ka’b! Save your selves from the Hell. O the children of Abdush-Shams! Save your selves from Hell, O the children of Abdul-Mutallib! Save your selves from Hell. O Fatima the daughter of Muhammad! Save yourself from Hell, I will not be of any use for you before Allah though I will remain a relative and will fulfill its obligations.

The law in human context will only be qualified where it is in the interest of the elite to qualify it and use it as a power to subdue others by mob imposition upon their adversaries. For instance, America defied the Geneva Convention and other similar instruments by interminably detaining and torturing peripheral people (those she calls ‘enemy combatants’) at Guantanamo Bay and other unknown cells on mere suspicion. She can decide to try them in military tribunals where otherwise inadmissible evidence could be used to condemn them. She is bent on defying the Supreme Court’s verdict that such acts are unconstitutional. She is blinded by her might and she felt it right to crush lawyer’s law and commit crimes against humanity. It is no wonder then that she does not want the International Criminal Court’. One American former spy was quoted by the BBC to have said: better dead Iraqis than dead Americans

As a result of this and other similar issues, the human law has rendered the world lawless and therefore diabolic, despotic and chaotic. The great advance in education and wealth is paradoxically met with a deep; sink in ignorance and poverty. Love, peace and tranquillity have given way to enmity, grief and fear. The world must not continue along these lines! We need another world.”  A world where Allah’s law reigns, where the sanctity of life is upheld as commanded by Him; where the human person qua human is respected; where humanity cooperates to fight common problems; where the strong leads according to the revealed law with submission, and treats the weak with mercy; as where peace and justice prevail over terror and tyranny. The lawless world is an aberration so the ideal world is possible. In the same way that the aim of Muslims is to spread moral excellence, the aim of these others is to spread their evil throughout the world. This is demonstrated by events throughout history. Attempts have been made in every period to place under pressure the prophets and the faithfuls who followed them in preaching superior morality and to stop them with ugly and baseless slanders and various methods of oppression.

There are more reasons to return to Allah’s law, the Sharia, the Supreme Law that is perfect for humanity.

Also where a man becomes the lawmaker, he permits the execution of the law, and an ilah (god) whatever such a person is. Be he an individual, a parliament or the people themselves.

This why Allah  called our attention to this risk as He negates faith from him who is been enslaved by his desires and accepts any one other than Allah’s Prophet as a guide.

Then seest thou such a one as takes as his god his own vain desire? Allah has, knowing (him as such), left him astray, and sealed his hearing and his heart (and understanding), and put a cover on his sight. Who, then, will guide him after Allah (has withdrawn Guidance)? Will ye not then receive admonition?

He also criticized whoever that is called to what has been revealed by Allah, but turns away from it. In a Hadith narrated by Adiy bin Hatim, when he heard the saying of Allah :

So set your face firmly towards the religion, as a pure natural believer, God's natural pattern on which He made mankind... (Sura ar-Rum: 30)

Surely, it is God Who best knows the nature of man, which He has Himself created. This being the case, He is the One Who best knows people's needs and the ways to meet them. From how to maintain one's physical well-being, to how to remain spiritually strong, or how to attain a satisfying social life, are all known to God. For example, a human being, by nature, is attracted to all forms of mercy, love and virtuous conduct. He expects to be treated with mercy and compassion. He detests and avoids injustice, immorality, and all forms of wickedness. He feels so by God's Will. Because, God has instiled these values as part of a human's nature, he likes the good and avoids the wicked.

“They take their priests and their anchorites to be their lords in derogation of Allah” Suratut Tauba (8:31)

Adiyy said: They are not worshipping them O the Messenger of Allah. The Prophet said of course they do, they obeyed them when the permitted to them what has been prohibited upon them, and prohibited them what has been permitted for them. .

Sheikhul Islam Ibn Tamiya while commenting on the above verse stated that, ‘and those that take their priests and their anchorite s to be their lords, by obeying them in permitting to them what has been prohibited upon them by Allah and prohibiting what has been permitted to them by Allah, will be in two aspects. First: that they will know that they have changed Allah’s religion and follow them on the changed, believing permitting what has been prohibited and prohibiting what has been permitted by Allah upon them, knowingly obedient to their leaders while they have contradicted the religion of Prophets. This is infidelity. This is Allah’s Law, even if they do not pray for them or prostrate for them, whoever obeyed any one other than Allah contrary to the religion whilst he know that it is contrary to the provision of the religion and believes what he says, and not what Allah or His Prophet says, is a polytheist just like these Jews. Secondly their creed and believe is prohibition of the permitted and permitting of the prohibited certain, but obeyed them in disobeying Allah just like a Muslim does disobeys Allah does who believes that what he does is a disobedient. The position of these is thus like their similitude in sins .,

Ibn Qayyim while commenting on this verse: “O ye who believe! Obey Allah, and obey the Messenger, and those charged with authority among you. If ye differ in anything among yourselves, refer it to Allah and His Messenger, if ye do believe in Allah and the Last Day”.

Also said, then All scholars are united that returning to Allah means returning to His Book, and returning to His Prophet is referring to him during his life time and to his tradition after his death, and that Allah  has made this referral an obligaton of Iyman (faith) and its concomitance absence of this referral means absence of iman (faith). The absence of necessary in the lack of the prerequisite, especially the concomitance between these two things (i.e. referral and faith). Allah  also informs that he who sought the arbitration or arbitrates to what has not been brought by the Prophet , such a person has arbitrated with Taghut (false deity) and refers to it. A Taghut (false deity and idols) is any thing that a servant has exceeds its limit (in rights and duties) worshipped, followed or obeyed. Whatever people resort to, to obtain judgement, other than Allah and His Prophet is their Taghut (i.e. idol).

In its broadest sense, idolatry is to adhere to principles and values, or pursue a life style other than is consistent with the teachings and moral values of the Qur’an. Someone adopting such principles simply sets up the person laying down these principles as a partner to Allah. This person may be anyone; his father, grandfather, an ancestor he may so exalt the society he is a member of, the founders of an ideology, a philosophy or its followers. In this broad sense of idolatry, someone adhering to a different way of living other than the Qur’an, simply practises idolatry. He may call himself an atheist, Christian, or Jew. He may even appear to be a Muslim, performing his regular prayers, fasting and obeying the laws of Islam. Nevertheless, anyone harbouring a thought or judgment opposing the Qur’an is a mere idolater; by such a stance he simply manifests his acceptance of the existence of a ruler other than Allah.

Idolatry does not essentially require an absolute denial of the existence of Allah. Rather, the majority of the idolaters avoid explicitly accepting such an attribute or “title”. Never scrupulous in conduct, they deceive themselves throughout their lives. On the Day of Judgment, they still reject being involved in idolatry. The stance they adopt is explained in the following verse:

One day shall We gather them all together: We shall say to those who ascribed partners (to Us): “Where are the partners whom you (invented and) talked about?” There will then be (left) no subterfuge for them but to say: “By Allah, our Lord, we were not those who associated other gods with Allah.” Behold! How they lie against their own souls! But the (lie) which they invented will leave them in the lurch. (al-An’am 22-24)

The Prophet  is reported tohave said: "Idolatry is more hidden in my Ummah than the creeping of ants across a great smooth stone on a black night..."

In his Muqaddima, Ibn Khaldun too prefers this definition, when he said: The main aim of Sharia is to act in a manner suitable for people in the Hereafter based upon laws imposed upon them by Sharia obligation to their situation in their world and in the Hereafter. Arbitration or judgement in this regard is in the hands of the Prophet and whoever stood in their face, i.e. Caliphs being a Khalifa, therefore means taking the burden of deliver the Sharia injunction which is in the interest of the people in this world and in the Hereafter. Hence, in reality Khalifa is a representative stand, representing the Law maker in protecting the religion and running the world with it. Whenever people need new laws that are not expressly available in Sharia provisions, jurists and scholars will strive to deduct from the general provisions based on fixed specific and known rules in the Islamic jurisprudence. It is thus with the legal rules no difference between it and other rules [expressly provided in the two nass (Qur’an and Hadith)], provided it is based on a revelation and assures the intention of Sharia and the interest of the people and should not contravene the Sharia Texts nor its principle. It will be part of Sharia, obeying it is obligatory being an obedient to Allah’s command and a submission that judgement belongs to Him. This is explained by Allah’s saying:

“So if they believe as ye believe, they are indeed on the right path; but if they turn back, it is they who are in schism; but Allah will suffice thee as against them, and He is the All-Hearing, the All-Knowing.” Suratul Baqara [2:137]

Guidance is therefore determined by Creed (or Believe) which is the cause of guidance; turning away from it is a source of delusion, misery and avoidance of the truth. In another verse, the Glorious Qur’anic law linked between the creed and a good deed:

Whoever works righteousness, man or woman, and has Faith, verily, to him will We give a new Life, a life that is good and pure and We will bestow on such their reward according to the best of their actions. Suratun Nahl: 16:97

Faith (iman) is thus a condition for the acceptance of an action, righteousness and a subsequent reward for it. In other words it is the foundation upon which all these are based. An act (in reference to the above verse) also consists of organization and government (or a judgement). This implies that whatever that is built on non-faith laws, it is a vain desire that has been criticized by the Holy Qur’an and abhorred is he who accepts it.

“Is then one who is on a clear (Path) from his Lord, no better than one to whom the evil of his conduct seems pleasing, and such as follow their own lusts?” Suratu Muhammad: 47:14 All these ensures that providing (or making) a comprehensive way of life or behaviour and a complete law (Sharia) for the whole universe, none is able but the Wise, Who is acquainted with all things, He alone that comprehends what His creatures require. Destructive results will therefore be the consequent, if a separation takes place between a branch and its source; and legal system and what it stood on, in terms of morality guidance and general principles that has been established by Islam. (Law and morality will be discussed here, a woman has, on the world service of the BBC, one’s raised question about morality in traffic laws if any, this will be answered. I will ).

In fact some of these dangers are enough for stating the obligatory nature of institutionalising laws and injunctions (Ahkam) and that it should stand on morality and fundamentals of Sharia. Else, it is an aggression and dictatorship and a divinisation of manmade laws, desires of the Judge; and/or that they stand instead of revealed laws. This implies an absence of Iman (faith) an escape from the truth, turning away from what Allah Has revealed, worshiping leaders, referring to Taghut in disputes, fawat of public interest, a fall into delusion, detested an evil act. We seek refuge with Allah.

Creed and Morality in the Islamic Law of Contract: Financial transaction in Islam, just like other systems herein, is always based upon justice and public interest. The whole of Islam signifies justice and mercy. Almighty Allah said: “We sent thee not, but as a Mercy for all creatures.” Suratul Anbiya’ 21:107

This is a general rule and the evidence that it is established on pure foundations and straight sources.

A broader look into an issue will help a lot in understand when its details are dug into. This, by understanding its main features and fundamentals, will give an ability to understand the suitability (tanasuq) between branches and roots of a subject matter.

Thus, on this ground, we are going to spot a light a light on some of these background information, which makes the Islamic financial system generally unique, where we are going to understand its fundamental part which are the rules related to unjustified enrichment. We will attempt to summarise this view so that it will not take over the topic we intend to address, which is going to be enlightened more when we look at through these information and concentrate on those principles upon which it established, and the source that it never separate itself from. Muslims are therefore not allowed to base their behaviours and laws on the contrary, else such laws lost an Islamic backing and life.

There are basic attributes, moral (reasonable) and honourable characters that are natural attributes which Allah created man upon them before he is subjected to other influences. These are Islamic characters (morals) deducted form Islam, they are pure characters free from vain desires. All these are influential if man would reach best systems of behaviours and laws, and by reaching a happy life and a good reward.

For mental character or natural attributes however, it is because the Sharia speaks to the mind and made it the axis for obligations, Devine laws are to purify these natural attributes and supply him with morality, straight behaviour, best principles and realities for man to abide b it when he needs laws and injunctions when dealing with theirs. It is an upliftment of man to a Devine fulfillment. This is one of the most important objectives of Noble Messengers of Allah straightening the natural character of man, and drawing a perfect way for this character so that it moves along its clean natural path, and meets the great law.

The first path to achieving that, is subjecting it to a standard of worshipping Allah and submission to Him. Nothing will appear in its habits but are¬ injunctions revealed by Almighty Allah. Allah Has described believers with many attributes and names as he Has described His Prophet with may Devine attributes and pure characteristics.

Islamic characters are therefore of heart feelings obliged upon a Muslim, feelings duty bound to be executed as been demanded even without a judicial compulsion because his self commitment and love that an adult person feels towards his Lord and his Creator will comulse him to straighten his dealings with people based on what pleases Allah . This is how characters become honourable that is a continuous giving character that has an endless bounties, generously supplementing the community with values and principles it needs in its day-today life, then these values change into laws organizing his behaviour without being stripped from its fundamentals. This makes it great, and eveidently conform the reason with the law and building these systems on values and principles that lightenup the way with light of reason to become a light upon a light:

A Muslim in his method of behaviour and organization utilizes the light of reason and gets guidance of the Islamic law and imitates honourable Messengers of Allah:

Whoever wants his conduct to be good and his behaviour clean and his judgement just should have knowledge of his Lord, leaning towards the methodology of the religion, believers’ characters, power of truth, principles of justice, and the law of the Creator. A law will not be effective unless it leans to a power of a Truth. It could not be a law instituted by an elite politician to someone beneath him in the political cadre or a decree of a master”

Another truth is that there is no foundation for anything system but a religion. Proponents of natural law based their theories on illusive facts of religion. In the past, religions contributed greatly in writing constitutions. There has been not a single body of law that has been recorded – from the Chinese law to the Peruvian, but is related from beginning, to religious rites and worships.

Thus, there must be a guidance of a religion, in which we find all the necessary prerequisites that lawmakers look for, and where any other thing cannot conform to the dangerous challenge of non conformity to the source of lawmaking amongst lawmakers. They are puzzled between natural law and the will of the king, community and its representatives, and the government of majority or a one-party government, an aggressive power and an unjust ruler. It is only religions that stands to the face of all the injustices, heart desires and keep it away from the Ummah when it says to these: the source of law is Allah Alone, the Creator of man and the universe, and not any one other than him can do that. This is considered as a priority fact (musallam) of monotheism creed and enslavement of people to the Lord of the universe.

There is no cure of what people are now living in, but a release of freedom of thought, spread of faith facts and morality, condemnation of aggression and antagonism, and devouring men's substance wrongfully. This because Islam obliges upon a Muslim to condition his habits, characters and cultures and whatever that emerges from be it statement or an action, upon what the religion of Islam brought. If laws are established upon the element of compulsion and the power of the leader alone, and the relation between principles and people are cut, or a law is free from whatever that is moral and creed see goodbye to such a law, in fact say goodbye to a people of evil character.

Where a law is free from such morality, it is only a representative of the leaders and their advisers, a source of their reason, translating their selfishness and greed, contenting their lust and satisfying acquisitiveness.

But Islam works to purify man and prepare his conducts for his good and reformation of his community: “While Islam is a base bilt upon it all systems and rules for the communal reformation, and it is not about only making laws in civil matters, but emphasizing morality, reforming thoughts, and purifying souls to make it a supervisor to in order to continue with these rules, and with this an evil act is limited removing corrupt practices from sources. When Islam acknowledged man’s right to look for a living and permitted him to strive hard, and he is not permitted to chose a way to corrupt his character or harm the community. That is why it provided an earner boarders and prevented him from crossing it, and explained to him all that will be a harm to the community and civilization. The money that comes from forbidden s

Leaders of transgression work hard to divert people from true teaching of Islam. An example of such transgression includes frauds, ruthlessness and selfishness in contractual dealings. In his book the Dark Clan, Harun Yahya, has outlined the aim of these transgressors, the people he termed ‘the Dark Clan”, as being the anti religious, be it Islam or any other religion of the people of the book (i.e. Jews and Christians). Quoting from a book titled Genc Bir Isadamina (To A Young Businessman), where the writer of the said book wrote about the things which needed to be done to become a successful businessman in the clan. Obviously, it would be wrong to judge every businessman by the information contained in this book, there are many businessmen who have become very successful in their own spheres, without compromising on honesty and ethics. By the same token, however, there exists an interest group that would prefer the immoral practices mentioned in that book to become common practice.

‘The business environment described in To A Young Businessman is a smaller scale model of the system envisaged by the dark clan. According to the book, the first thing a businessman must do is to sell his soul and silence his conscience:

‘Sell your soul. Do it straight away and be rid of it. Where and how? Don't worry, the marketplace will find you and the rest is easy enough.

‘Conscience; you will cross oceans but get stuck in your conscience and become food for psychiatrists; you'll seek refuge in Indian philosophies and travel to distant lands. You will do charity like building schools and hospitals…. No. No. No. But don't be afraid and persist. In time, you will learn to cheat your conscience… That's how the mantra of the businessman goes who is trying in reality to convince his own conscience.

‘Conscience. The conscience, which sees what others don't, a pair of eyes in your heart. Don't think on the day you sold your soul you are also rid of your conscience. You must slowly and bit by bit strangle your conscience as you would strangle a puppy... ’

‘But why would a businessman of the dark clan have to sell his soul and murder his conscience? Because the dark clan's world of business only requires deceit, fraud, ruthlessness and selfishness. Here are some of the character traits described in the same book:

‘You must be a liar and twofaced. In order to make others believe the contrary you must first convince yourself. A businessman playing to the top must sell his soul irrevocably.

‘Envy is a first class emotion like aggression, lust or pride…. Make it one of your most trusted. Feed it, nurture it. Don't become estranged to aggression, ambition and envy because it's these emotions that drive your career. Distance yourself from gentle feelings like compassion, love, and longing.

According to this same book, entry into this dark world is firstly conditional on "denying the existence and unity of God." According to the author, those wishing to enter this dark world must desert their souls, conscience, and belief in God.

This is because people, who believe in God, consider themselves to be answerable to Him and thus refrain from transgression, tyranny and other immoral deeds, but the survival of the clan's dark world, as it was with the corrupt nations of the past, depends on the denial of God and His religion.

For this reason, the gradual weakening and eventual destruction of the belief in God is top priority for the dark clan around the world. Most clan members opt for ignorance, to live thoughtlessly and to ignore the countless signs of God's existence. However, the higher level theorists of the dark clan are well aware of the desperate necessity to have theories and philosophies for the purpose of concealing the signs of God's existence. This perceived necessity forms the basis for the relationship between the dark clan and Darwinism.

Such logic lies in the philosophy of the Renaissance which created the universal man also called the ‘Renaissance man’, captured in the famous remark of one of its chief prophets, Leon Battista Alberti (d.1472) that “a man can do all things if he will.” This renaissance humanism weaned man off from God and considered him (man) the centre of the universe, limitless in his capabilities to acquire knowledge and in his capabilities for development.

The above shows the heinous characters that are basically anti-Tauheed (monotheism) and one cannot, in anyway maintain a required pure tauheed (Islamic monotheism) while following his lust and desires.

Then seest thou such a one as takes as his god his own vain desire? Allah has, knowing (him as such), left him astray, and sealed his hearing and his heart (and understanding), and put a cover on his sight. Who, then, will guide him after Allah (has withdrawn Guidance)? Will ye not then receive admonition?

Muhammad Shettima Baakaka

Imam Malik Islamic Centre,

Maiduguri, Borno State.

E-mail: baakaka1980@yahoo.com