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Overview
Yet, Shariah literally means a way or a path and, more specifically, the way to a watering place. Far from being a strict penal code it is a humane, compassionate and benevolent system of laws that guides Muslims, based on the Qur'an, the Sunnah of the Prophet Muhammad, and the interpretation of religious scholars.
This book is a simple and concise guide to the Shariah (Islamic law) to explain its meaning, scope and operation in practical life, as well as helping readers understand and appreciate its value and necessity in the believer's life.
Product Details
ISBN-13: | 9780860376248 |
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Publisher: | Kube Publishing Ltd |
Publication date: | 05/15/2018 |
Pages: | 160 |
Product dimensions: | 5.10(w) x 7.70(h) x 0.50(d) |
About the Author
Read an Excerpt
Chapter I
The Shariah: Meaning, Sources and Objectives
The Shariah is one of the most misunderstood, even maligned, Islamic terms. The word conjures up images of the inhuman, primitive and uncivilised practices of whipping the criminals, stoning the adulterers, chopping the hands of thieves and confining women within their homes or only allowing them to venture out enshrouded in a burqa, usually black and covering them from head to toe. No wonder that non-Muslims fail to understand why Muslims yearn for the introduction of the Shariah. To some extent, Muslims are to blame for the creation of this confusion. Whenever they call for the establishment of an Islamic state, their first priority is the introduction of the Islamic penal laws. However, one should not forget that the thirteen years that the Prophet spent in Makkah were dedicated to builDing an Islamic society and imbibing it with Islam's fundamental tenets of faith. Moreover, during that early period, Allah had not yet sent down all the laws and regulations. But even in MaDinah, the laws were prescribed gradually while the penal laws were revealed much later. Thus, the introduction and enforcement of the penal laws right at the beginning is contrary to the religion's strategy for social change and the spirit of the Prophet's way. In such a context, there is a need to explain to both Muslims and non-Muslims what the Shariah is exactly and the process of its implementation.
The Meaning of the Shariah
Shariah literally means a way or a path and, more specifically, the way to a watering place. In Islamic terminology, after accepting Allah's Din (Religion), the way to be followed, as shown by His guidance and that of His Messenger, is the Shariah. This is the path and source of guidance for humankind and its success in this world and salvation in the Hereafter. This guidance, which is revealed by Allah through His Messenger, covers all aspects of life: beliefs, acts of worship, social transactions and morals. To each among you have We prescribed a Way (Shariah) and a Way of Life (al-Ma'idah 5: 48); Then, We put you on the (right) Way (Shariah): so follow you that (Way) and follow not the desires of those who know not (al-Jathiyah 45: 18); He has prescribed for you the Religion which He has enjoined upon Noah and which was revealed to you (O Muhammad), and which We enjoined upon Abraham and Moses and Jesus, commanDing: "Establish this Din and do not split up regarDing it" (al-Shura 42: 13).
Thus, the Shariah is a divinely ordained system to guide mankind straight to the path of righteousness in this world and the acquisition of bliss in the Hereafter. How a person follows the guidance provided in this world will be judged by Allah depenDing on whether he acted in sincerity and seeking the otherworld or he was totally immersed in this world. This is the difference between Divine laws and human laws. The latter are only concerned with the interests of this world while the Shariah governs the Muslim's entire life, from birth to death and even beyond.
The Difference between the Din and the Shariah
The key difference is that the Din (Way of Life) brought by all the earlier messengers before the Prophet Muhammad (peace and blessing be upon him), who was the seal of all prophets and messengers, was, has been and shall always be one and the same. Many Shariahs were revealed; some were subsequently replaced or altered but there was no change in the Din. All the prophets and messengers of Allah (peace be upon them all) presented the same Din but their Shariahs differ to some extent. For example, the prescribed ways of performing the Prayer and observing the fast were different under the Shariahs of the earlier prophets. But as the Qur'an mentions the Prayer, Zakah (the poor-due) and fasting were integral part of all earlier Shariahs. Thus, the Din remained the same throughout while the precise details of following it differed from one Shariah to another.
The Components of the Shariah
The Shariah encompasses the believer's entire life. Its most important aspects are the basic tenets of faith (Aqa'id) which lay down the relationship between man and God. Essentially, there are three fundamental tenets of faith: Tawhid, Risalah and al-Akhirah, that is, the belief in the Oneness of Allah, Prophethood and the Hereafter. The entire edifice of Islamic civilisation is based on these fundamental tenets of faith. If Iman (faith) is weak, not only does it weaken other tenets of faith, it also destroys morality, the social structure and the entire culture and civilisation of Muslims.
Table of Contents
- CHAPTER I: The Shariah: Meaning, Sources and Objectives
- CHAPTER II: Maqasid al-Shariah (The Main Objectives of the Shariah)
- CHAPTER III: The Shariahs Guidance for Establishing a Just and Caring Society
- CHAPTER IV: Issues of Concern Regarding the Shariah
- CHAPTER V: The Process of Implementing the Shariah
- CHAPTER VI: Fiqh al-Aqalliyyat (Jurisprudence for Minorities)
- CHAPTER VII: Conclusion
- Appendix
- The Fundamentals of the Shariah
- Glossary
- Bibliography