Basics on Sharia – What is Sharia?

Islamophobia takes professional failures and gives them an avenue to flourish as supposed experts in Islam albeit having no credentials at all. That industry is about who can yell the loudest and insult in a way which appeals to the right wing – as well as fear monger the most.

 

Suhaib Webb is a specialist in Sharia and he finds it incredible that most books and media presentations in the West about the Sharia are being produced by people who are untrained, to say the least, in Islamic studies.

Meaning of Sharia

Sharia comes from the word Sh-Ra-3

It has a number of linguistic meanings:

Way, Path, Legislation, Oasis in a desert

Everything that was revealed to Prophet Muhammad (Quran and Sunnah) is called Sharia. Sharia implies those things which are not interpreted such as praying, pilgrimage, being honest, eating certain kinds of meat etc.. This is definitive and non-negotiable.

People confuse two different topics; Sharia and Fiqh.

Sharia is everything that was revealed to the Prophet (p). The text of Sharia is limited. Part of the Sharia is universal and another part is particular. The universal part generally comes from the Quran and the particular part comes from the Sunnah.

The actions of people are not limited. Imam Shafi spoke about a methodology of dealing with these actions of people – Fiqh. Fiqh means to understand. Fiqh is an attempt (when needed) to understand Islam in situations such as when Sharia texts are not clear to us or when there is no text about a topic (such as T-cells, abortion, when somebody is in a vegetative condition in hospital, plastic surgery etc). About 95% of legal rulings in Islam come from Fiqh (thus meaning it’s not necessarily binding). Fatwa: is an opinion.

Harith ibn Amr reported: Some men among the companions of Mu’adh said the Messenger of Allah, peace and blessings be upon him, sent him to Yemen and the Prophet said:

كَيْفَ تَقْضِي

How will you judge?

Mu’adh said, “I will judge according to what is in the Book of Allah.” The Prophet said:

فَإِنْ لَمْ يَكُنْ فِي كِتَابِ اللَّهِ

What if it is not in the Book of Allah?

Mu’adh said, “Then with the tradition (sunnah) of the Messenger of Allah.” The Prophet said:

فَإِنْ لَمْ يَكُنْ فِي سُنَّةِ رَسُولِ اللَّهِ

What if it is not in the tradition of the Messenger of Allah?

Mu’adh said, “Then I will strive to form an opinion (ijtihad).” The Prophet said:

الْحَمْدُ لِلَّهِ الَّذِي وَفَّقَ رَسُولَ رَسُولِ اللَّهِ

All praise is due to Allah who has made suitable the messenger of the Messenger of Allah.

Source: Sunan At-Tirmidhi 1327, Grade: Sahih

This narration demonstrates the proper procedure for applying Islamic guidance that would eventually develop into the discipline of the principles of Islamic jurisprudence (usul al-fiqh). Taken from: http://abuaminaelias.com/lessons-from-the-journey-of-muadh-ibn-jabal-to-yemen/

The goals/objectives of Sharia

Al Ghazali in the 4th century of Islam wrote about the goals of Sharia (law). The goal of Sharia is not to destroy people but to bring benefit and prevent harm – legal theorists across different eras and geographical plains all concluded the same thing about Sharia (i.e. bring benefit and prevent harm).

Al-Ghazali wrote:

لكننا نعنى بالمصلحة المحافظة على مقصود الشرع ومقصود الشرع من الخلق خمسة وهو أن يحفظ عليهم دينهم وأنفسهم وعقلهم ونسلهم ومالهم فكل ما يتضمن حفظ هذه الأصول الخمسة فهو مصلحة وكل ما يفوت هذه الأصول الخمسة فهو مفسدة

Welfare which we mean here is the protection of the objectives of the law (sharia). Namely, the objectives of the law are five in creation: the protection of religion, life, intellect, family relations, and property. Everything that advances the protection of these five fundamentals is considered benefit, and everything which fails to protect these five fundamentals is considered corruption. Source: Al-Mustasfa min Ilm al-Usul 287

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Converted2Islam Refuted on Germany Islamic Axe

You may have come across a Hadith where a blind man kills his female slave with an axe after she reviles (abuses/insults) the Prophet p. There are different versions but the basis of the story is authentic.

Sadly, at least one anti-Islam critic on the internet has began to use the Hadith, which he found in Bulugh-al-Maram, for an explanation for an axe attack on people on a train in Germany by a teenaged Afghan refugee. It’s so disingenuous or ignorant to misuse such a Hadith to lend Islamic validity to such a terrorist attack.

Watch this video to see his claims and a response to his claims with regards to the motives of the terrorist and concerning the Hadith itself.


If the video does not play, this video is also uploaded here

Quick focus on the possible motives of the Afghan refugee terrorist

The critic links a flag which the refugee had in his home to his motives. The flag is not evidence for the motive of the attack. Why not focus on the more realistic speculation (i.e. he is a traumatised refugee who had mental problems)?

In fact, investigators are even speculating the man had psychological problems:

Investigators have speculated that the death of a close friend in Afghanistan may have left him traumatised and psychologically vulnerable.A psychiatrist currently treating traumatised refugees, many of whom have fled war zones and endured perilous journeys of thousands of miles, said that currently clinical evidence does not support a connection between traumatisation and vulnerability to the messages of extremists.

A 2015 report by Germany’s chamber of psychotherapists found that half of refugees who entered the country are experiencing psychological distress and mental illness resulting from trauma.

These figures are reflected in the sample Richter is working with.

More than 40% of them have psychological illnesses due to their experiences while fleeing their home countries,” she said, with post-traumatic stress disorder, depression and insomnia among the most common problem [IBTIMES]

In fact, Germany has had a similar attack recently in which no evidence was found that the attacker was motivated by religion but rather it was due to his psychological and drug problems (see the video above for the news report on this event)
How about the Hadith in Sunan Abu Dawud?

Looks like the critic did a key word search for “axe” in a Hadith database as the attacker used an axe.

The critic finds one Hadith, for which he completely overlooks the context, in his haste to try and link this suspected mentally disturbed person with Islamic teaching. If he had looked at the longer Hadith of the same event he would have got the context.

When the woman was found there was a public investigation into the matter in order to punish the one who killed her…
This story is indicative of the justice with which the Muslims dealt with the people of the Book, which was enjoined in the sharee’ah of the Prophet (peace and blessings of Allaah be upon him), who was a mercy to the worlds. The rights of the Jews who are under Muslim rule are guaranteed and protected, and it is not permissible to transgress against them by causing them any annoyance or harm. Hence when the people found a Jewish woman who had been killed they were alarmed and referred the matter to the Prophet (peace and blessings of Allaah be upon him), who had made the covenant with them and guaranteed them security, and who did not take the jizyah from them. He got angry and adjured the Muslims by Allaah to find out who had done this deed, so that he could determine his punishment and judge his case. But when he found out that she had transgressed the covenant several times by reviling the Messenger of Allaah (peace and blessings of Allaah be upon him) and impugning him, she forfeited all her rights and deserved the hadd punishment of execution which is imposed by sharee’ah on everyone who reviles the Prophet (peace and blessings of Allaah be upon him), whether he is a Muslim, a dhimmi or a mu’aahid (non-Muslim living under Muslim rule), because impugning the status of the Prophets is kufr or disbelief in Allaah the Almighty, and a transgression of every sacred limit and right and covenant, and a major betrayal which deserves the greatest punishment.  [IslamQA]
When the man confessed and explained what happened the Prophet simply made a pronouncement on whether blood money/retaliation for her was due.

The Prophet (peace and blessings of Allaah be upon him) did not choose to kill her in this manner, but because she deserved to be executed as a hadd punishment for breaking the covenant and reviling the Prophet (peace and blessings of Allaah be upon him), he did not demand qisaas* from her killer.




*Qisaas is retaliation in kind
That’s all – he was not endorsing vigilante killings and encouraging people to chop up random people on trains (it’s so ignorant/disingenuous to try and link it as such).

And in any case, think about it.

The Afghan refugee started killing random people in a non Muslim state Even if one was to try and link his act of terror to that Hadith it fails for three reasons:

1. That act was a terrorist attack on random people – terrorism is forbidden in Sharia

2. It was in a land where Sharia Hadd punishments would not apply

3. It would have been a vigilante attack (there was no trial or judge involved) – vigilantism is not allowed in Islam

Killing Dhimmis?

As for killing a dhimmi unlawfully, it is major sin, and the warning concerning that is very stern, as was proven in Saheeh al-Bukhaari (3166) from ‘Abd-Allaah ibn ‘Amr (may Allaah be pleased with him) who narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever killed a mu’aahid will not smell the fragrance of Paradise, although its fragrance may be detected from a distance of forty years’ travel.” Imam al-Bukhaari included this report in a chapter in his Saheeh entitled “Chapter: the sin of one who kills a mu’aahid unlawfully.” [IslamQA]

Follow this discussion on IslamQA for more information:

https://islamqa.info/en/111252
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Email: yahyasnow@yahoo.co.uk

Using Jonathan Sacks to Disarm Atheists and Ex Muslim Critics

This claim of “freedom” is just a slogan used by the Neo-Atheist and anti-religion camps. What exactly does it mean? Nothing. It’s an empty slogan.

Islam is all about encouraging spirituality whilst giving a framework for spirituality to flourish (an example of a facet of this framework would be the prohibition of destroyers of spirituality such as alcohol, drugs, over-eating, back-biting, gambling and pornography)

So what exactly is he free from? Free from a religion that prescribes God consciousness and restrictions/prohibitions on base indulgences.

Is that really something to celebrate or sloganeer?

Analysis: Atheist and ExMuslim Slogans of Freedom After Islam (and other Religion)


This video is also uploaded under Richard Dawkins Type Slogans by JajaboarTheNomad AKA Mufassil Islam

Rabbi Jonathan Sacks touches the concept of freedom here and it is much more profound than the superficial “I am free” slogan the anti-religion camp hold up:


Even so, the costs are beginning to mount up. Levels of trust have plummeted throughout the West as one group after another — bankers, CEOs, media personalities, parliamentarians, the press — has been hit by scandal. Marriage has all but collapsed as an institution, with 40 per cent of children born outside it and 50 per cent of marriages ending in divorce. Rates of depressive illness and stress-related syndromes have rocketed especially among the young. A recent survey showed that the average 18- to 35-year-old has 237 Facebook friends. When asked how many they could rely on in a crisis, the average answer was two. A quarter said one. An eighth said none.

None of this should surprise us. This is what a society built on materialism, individualism and moral relativism looks like. It maximises personal freedom but at a cost. As Michael Walzer puts it: ‘This freedom, energising and exciting as it is, is also profoundly disintegrative, making it very difficult for individuals to find any stable communal support, very difficult for any community to count on the responsible participation of its individual members. It opens solitary men and women to the impact of a lowest common denominator, commercial culture.’

A you can see Jonathan Sacks lists ailments the West is encountering and he puts it down to this “freedom” from religion. The question one needs to ask, is this “freedom” Atheists champion truly beneficial for society and the individual?

This problem of anti-religion freedom is further explored by Sacks:


It is just that, in the words of historian Will Durant, ‘There is no significant example in history, before our time, of a society successfully maintaining moral life without the aid of religion.’…But Durant’s point is the challenge of our time. I have not yet found a secular ethic capable of sustaining in the long run a society of strong communities and families on the one hand, altruism, virtue, self-restraint, honour, obligation and trust on the other.

Nobody is ever totally free. EVERYBODY has a worldview and set of principles which binds them.

Atheism effectively encourages nihilism and the void left in the Atheist after leaving Islam (or any other organised religion) is filled with individualism, relativism, and materialism to

certain degrees which ultimately leaves one prone to consumerism in the West – a slave to consumerism!

The anti-religion movement has no solutions but simply mindless, meaningless and empty slogans.

Let’s think beyond these.

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Email: yahyasnow@yahoo.co.uk