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Controversial Questions About Islam Approach
11/11/2015
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What are the main causes of the sustainability of Islamic laws?
The legislation on the relationship between humans may be affected by ways of living and its changing and renewable means, but because Islam was of the last of divine religions and was directed to the whole world, the creator of the universe ensured to this message the qualities that make it applicable in all times and places, and these qualities are:
First- the focus of the legislative texts on the generalrules, especially in the first place, the Holy Qur’an and some sayings of the Prophet (PBUH), such as the emphasis on obedience to Allah in what he has ordered and forbad, Justice, the prohibition of injustice and the legalization of sale, prohibition of usury, and making marriage the only formula for the full cooperation between males and females…
Second–the basic rules of this legislations compatible to the innate basic components of the creature such as spiritual, mental, psychological and organic, essential natures and their basic needs.
Thirdly- the Sunnah explained that some of the texts are constants, such as the basic needs of the creatures in the world and in the Hereafter, or the texts that should not be subject to change, such as duties and prohibition.This is what we call the constants compared to changeable.
Changing and renewal, however, should not touch the methods and means of living, it should not deviate from the common sense that balance between the needs of happiness in this world and the needs of the happiness in the Hereafter.The divine legislation is the one that decides what is permissible and what is harmful for humans and spoil its instinct.The creator of the universe, who knows every thing, is the best to known the effective means of keeping the instincts and what correct its malfunctions.
The moods, tastes and desires of people are not eligible to be the judgment in matters that they do not fully know about it, regardless of their superiority in some scientific fields.Knowledge and the ability to realize the tangible milieu in which they live is limited, and their abilities to capture what is intangible is more vulnerable.Therefore, they have no knowledge about many things, despite the tremendous scientific discoveries.
Fourthly- the multiplicity of the main sources of legislation are as follows:
A. The Holy Quran:This is the Words of God(Allah in Arabic).It is maintained by narration that is from one to one up to the Prophet (PBUH) by multiple chains of narrators.This is in addition to God who guarantees to maintain his Book.
B. The Sunnah of the Prophet.The words of the Prophet (PBUH) and his actions, a set of practical applications as stated in the Quran and what it is descend from heaven in all areas of life.it has been maintained and recorded by using rules to verify that it is attributed to the Prophet (PBUH), which range from strict and good, and according to the method of registrar.Most of the Sunnah has been recorded with the strictest rules.
c- Ijtihad. The interpretation of what needs to be interpreted of the texts of the Qur’an and Sunnah and deduction to solve the problems of life in reality.The measurement according to the Qur’an and Sunnah, includes the guidance by them to access to the necessary provisions to address the changing issues of life, using the mind in cases not found in the Quran or the Sunnah, provided that they do not oppose with the provisions of the Holy Quran and Sunnah.
In other words, Ijtihad includes sources called: Measurement, approbation, habits, interests and Istishab.These sources where the mind plays the main role.The custom also contributes in giving the Islamic law the ability to adapt to local environments.
These sources leaves plenty room for flexibility and diversity of accepted views and in the interaction of texts with the changing reality in terms of methods and means of life.
This differs completely to relying entirely on the human mind only and distortion of the values ​​from the human nature, and adapting the provisions by the whims of the majority of people and their tastes that may deviate entirely or relatively from common nature.The measure that separates between acceptable and unacceptable diligence – in Islam – is not the mood and desires of the human, but the divine revelation and guided ijtihad.
Here, we note that the diligence requires qualities that should be in the diligent.Perhaps the following example reflects this fact:
There is a prophet Hadith says that the camel’s urine treat some of the diseases. Some may believes that the Hadith can be used to waive hygieneThy may intended to ridicule the Hadith, but they only mock themselves.They may be sincere, and need to learn the necessary rules to understand the Islamic legislation.The Hadith reveals a scientific fact, and instructs how to use it if man desired to know it.And distributing it randomly does not threat people’s lives.
Some Muslims may be surprised of this prophet Hadith.At the same time, they believe the other human exploration, for example, the venom of snakes is a vaccine, with preventive and therapeutic nature.
Muslims background about the Western’s legislation may be excellent, but his knowledge of Islamic law is limited, and omits the other legislative rules that should be taken into account, such as:Purity, Cleanliness is next to godliness and No doing harm Nor being harmed.This happens mostly because of the Muslim used to look at Islamic texts with Western legislation viewpoint.If he looked attentively at his ideas, he himself would deny it.
d- Unanimity:The same as diligence, but it is the diligence which acquires additional force with the consensus of scholars in a specific age, such as generation of Companions and the generation of followers.It comes in terms of power and not on the sequential order.

Fifth- flexibility:
The Islamic legislation has a sufficient flexibility to deal effectively with emerging problems in life.Even though it is a firm rules-based dating back to many centuries, it is flexible to allow interacting with renewed reality in a perfect way.This flexibility is shown in multiple images, including the following:
a- Acceptable multiplicity in adopting a certain texts, refusing it, or making some of it outweighs another.Screening texts is not limited to arbitration of the human mind – this will lead to the refusal of many texts that may appear in opposition to reason, but the scientific development will show its correctness, such as the use of snake venom as a vaccine against the deadly serious illnesses.For this, we must rely on reliable transport.
b- Acceptable multiplicity in interpretation of texts, and deduction.Methods may vary a little, as well as approaches and personal backgrounds of information and directions, and the degree of awareness may vary according to the contexts and the degree of understanding of the language of the text.
c- Acceptable multiplicity in the diagnosis of the reality.Many people may disagree in the diagnosis of facts, despite the use of accurate means available, even in the physical and tangible things.
d- Acceptable multiplicity inmatching texts and reality, for example:Does the rule of usury apply to sale in installments, if the seller is a bank deal – originally – with the money and not in the objects. Is the competitions fall is considered a gambling?
e- Acceptable multiplicity in selecting some of the secondary sources, such as the discretion in legal matters and adoption of the views of the companions and the ancestor’s laws.
What is the kind of relationship between Islamic Law and the reality?
If any one checks the consideration of acts of worship in Islam, he will note that the phenomenon of interaction between texts and reality is prominent.When water is not found, we can wash with clean sand instead of ablution and washing.For example, the resident should pray four rak’ahs in the Dhuhr, Asr and Isha’ prayers, but the traveller can pray only two rak’ahs will be sufficient in these times.
Who traces the descent of revelation and a lot of legal rulings, will find the phenomenon of the interaction between texts and reality is also prominent.For example, the descent of legislation took twenty three years, and alcohol was prohibited on stages.
This phenomenon also appears in the acceptable difference among the Muslim jurists in many cases for acceptable reasons.
Here, it seems appropriate to emphasize that there is a difference between the abolition of a specific provision expressly provided and stopping applying it in any case as it lacks the conditions of applying.One of such famous cases that have not been applied without abrogation of the verdict, is what happen with Omar Ibn Khattab (may Allah be pleased with him), concerning the reconciled hearts group’s share, in the reign of Caliph Abu Bakr, (may Allah be pleased with him).Some of the unbelievers tried to exploit the reconciled hearts group’s shareand insisting on the rejection of Islam, after it has the power with his supporters.And it also includes stopping the theft penalty at the year of famine.
Omar (may Allah be pleased with him), in this situation, did not abolish these provisions – as some understand intentionally or unintentionally – but he did not found the conditions of application, and so stop applying it.There is a big difference between the abolition of provision and stop applying it for lack of some conditions.
There is another suspicion, which is the consent of Omar Ibn al Khattab to cancel the tribute for sons of Taghlop Christians; it was not an abolition of the tribute imposed on them, but a change of its name and an amendment in quantity.There is a big difference between the abolition of the verdict and the little amendment to achieve the public interest.
The tax imposed by the Islamic State today on the Muslim may exhaust his savings at the end of the year, and he will not need to pay Zakat, and may exhaust some of it, and therefore its amount will be less.The tribute imposed on non-Muslim citizens includes the annual tax or other taxes .
What about pluralism and the minority rights?
Islam knew the pluralism in the first Islamic political unity take place in Madinah.It was a multi-ethnic union (Supporters, immigrants and Jews tribes), and a multi-religion union (Muslims, Jews and Gentiles).
Islam takes into account the rights of individuals and the community, whether it was majority or minority, and balance between them, but to varying degrees appropriate for each of them.Community shall be granted rights not granted to the individual.And gives the majority rights in matters of collective affairs not granted to minority.This is because the right of the majority in public affairs outweigh that can not be multiple and uniformity in which is necessary.Islam also outweighs the human rights of the individual to the group rights, unless it was necessary.
In fact, the term of dhimmi (a free non-Muslem under Muslem rule) in the early days of Islam is a part of the term minority which is commonly used in modern times to distinguish between groups of citizens.The only difference between them is that the term dhimmi is limited to discrimination on the religion basis, while the term minority is more inclusive.It may be based on hereditary characteristics such as colour, race or acquired characteristics such as language and religion.

Islam gives the minority in the individual affairs (such as acts of worship) and civil rights (such as marriage contracts and inheritance), the appropriate rights under the general principles of the constitution which has been approved by the majority.
It is worth mentioning that the so-called jizyah (tribute) paid by the non-Muslim citizen could be included under the so-called taxes.The maximum amount paid by non-Muslim of his property was not more than 5%, which is a very small amount regards taxes imposed today in democratic systems, and others.Young boys, women, the insane, the poor, and the aged are exempted from it, as well as the one who suffer from a chronic disease or with no hope of recovery.
Islam has recognizes the features of the majority, but also, it is keen on the rights of the minority, the Prophet of Islam (PBUH) says Beware anyone who does an injustice to a covenanter [non-Muslim citizen of the Khilafah] or infringes on his rights or encumbers him beyond his capacity or takes from him unfairly, I shall be his arguer on the day of Judgement, covenanter has a comprehensive meaning includes the one who has the protection of Allah and His Messenger, whether non-Muslim citizen or a resident.
As a result of these principles, which are applied by the Muslim rulers in general, Judaism and Christianity continued to in the Middle East countries, ruled by Muslims for centuries, and even thrived in it.India is another example, where the Muslims ruled it about seven centuries and did not enforce Islam to any one of its inhabitants.For this, it is not surprising that the majority of Indian remained on the Hindu religion, and the Islamic armies did not reach the Far East, such as:Indonesia and Malaysia, however, the majority embraced Islam.And the Muslim countries in North Africa were the perfect refuge for Jews who fled from Spain because of Christian persecution for them.
What about the human relations with the non-Muslims?
Islam calls for the overall good in this world and the Hereafter for all the creatures in charge.Even those who reject Islam as a way to survive in the Hereafter, without being unfair or hostile to Islam and Muslims and do not support the enemies, Islam makes a good treatment as a rule in dealing with him.And urges to cooperate with non-Muslims to achieve common interests, in the temporary life, unless this cooperation has a negative impact on the Muslim’s happiness in the eternal life.God Almighty makes the cooperation among people an inherently tendency, he says:(O mankind! We have created you from a male and a female, and made you into nations and tribes, that you may know one another. Verily, the most honourable of you with Allâh is that (believer) who has At-Taqwâ [i.e. he is one of the Muttaqûn the pious).
In general, the general rule in the relationship between Muslims and non-Muslims is specified in his saying:(Allâh does not forbid you to deal justly and kindly with those who fought not against you on account of religion nor drove you out of your homes……)To (then such are the Zâlimûn wrong-doers – those who disobey Allâh).
In other words, Islam urges all responsible creatures (mankind and jinn) to cooperate to achieve peace in the world and the Hereafter.Peace – as we known – means giving the opportunity for each wise individual because he works to delight himself without interference from others, except if they try to help him, without coercion to achieve the happiness that he sought or the one which is the best of them.
This confirms two important facts:
1- Part of the difference among people is instinctive, to know each other and compete, but the real gain standard is piety, which means any attempt to gain God’s satisfaction and avoid His wrath, and that is by obeying him in what he ordered and forbade.
2- There are some differences among people does not prevent cooperation in many common things.They should cooperate in an effort to complement each other to achieve happiness in temporary life for all and eternal life, too, if possible.
It is fair for Islam to differentiate between neutrals or supporters of the opponents of Islam as a religion for themselves and those who reject and its people.The first category is called their home (Daruslam) land of peace and the others called their home (Daruharb) land of war.However, with the presence of the United Nations, it is likely that all Member States of the United Nations to be the land of peace, with no exceptions to the exclusion imposed sometimes even in partial and temporary cases.
In general, the issue of selection is conditioned with norms and international circumstances.On the other hand, who has the power of this category – in Islam – is not individuals or dissenting communities from the group but the it is for the guardian, or the responsible body of the whole country.The individuals and groups’ look, no matter how sincere it is, lacks the comprehensiveness.It is often enthusiastic and based on a partial view to the case.So it often deviates from the Islamic right opinion.And may draw the nation or a large part of it to consequences not in the interest of Islam and Muslims.It may harm them badly, and many of the enthusiasts of those decisions may regret themselves.This is normal because the applied doctrines should be based not only on the understanding of the texts, but also on adequate understanding of reality.
This does not mean that some government decisions may only serve the personal interests of influential persons, even at the expense of Islam and Muslims.However, the majority of these decisions may be more far and more cautious and to the serious consequences.
Does establishing of the Quran schools cultivate hatred and extremism?
God says in the holy Quran (God does not forbid you to deal justly and kindly with those who fought not against you on account of religion nor drove you out of your homes. Verily, God loves those who deal with equity. It is only as regards those who fought against you on account of religion, and have driven you out of your homes, and helped to drive you out, that God forbids you to befriend them. And whosoever will befriend them, then such are the Zâlimûn wrong-doers – those who disobey Allâh), and says: (O mankind! We have created you from a male and a female, and made you into nations and tribes, that you may know one another. Verily, the most honourable of you with Allâh is that (believer) who has At-Taqwâ [i.e. he is one of the Muttaqûn the pious).
The Holy Quran, as shown from the above quotation is a call for world peace at the level of temporary and eternal life, and a call to the deliver the rights of the others despite differences in religion.
And urged those who reads it to understand to adhere to the high ethical principles and good deal with all people, and even to be kind to them, and to ensure their happiness in world and in the Hereafter.
The Holy Qur’an urged on the right of the kinships and the right of the parents even if they are non-Muslims.God sayes:(And we have enjoined on man to be good and dutiful to his parents; but if they strive to make you join with me (in worship) anything (as a partner) of which you have no knowledge, then obey them not. Unto Me is your return and I shall tell you what you used to do.) And says:(And we have enjoined on man (to be dutiful and good) to his parents. His mother bore him in weakness and hardship upon weakness and hardship, and his weaning is in two years – give thanks to me and to your parents. Unto Me is the final destination.), and (But if they (both) strive with you to make you join in worship with Me others that of which you have no knowledge, then obey them not; but behave with them in the world kindly)
The Qur’an affirms that Islam is keen on maintaining human dignity, and pride, and commends the force that does not attack the others.
In the Quran there is the history of the struggle of the Prophet (PBUH), and the attributes of those who antagonizes him for his call, and how he was patience on their harm on him and his followers for about thirteen years, then God allow him to defend himself and the treating the offenders the same way they treat him.
There have been many wars in the world among the different religions and political units.The warring parties used these various types of terrorism, including:Violence, destruction, and psychological, spiritual and mental oppression……. Are all these fighters terrorists, or what is important is the motivation? Is it aggressive or defensive?
All States have military and security schools and academies and armies, and they are keen to train their soldiers on the skilful use of these machines and means of destruction.And the developed countries financially and technically in the world, are the most advanced in the development of destructive weapons, and it sold to other countries.These countries proud of having the most powerful armies in the world and that it has an advanced research centres to develop the most destructive weapons.Can we say that it is necessary to abolish all military schools and military institutions?
Are all these countries have encouraged aggressive terrorism? Are all States that develop its military forces carefully states encourage aggressive terrorism?
Of course no. rational man must prepare to defend himself if he was faced by injustice or aggression.And all laws, whether divine laws or ordinances give the man the right to defend human life, property, honour and religion.
If teaching the Holy Quran, cultivates hatred and extremism, because it includes part of the stories of the conflict between the early Muslims and its enemies, and so is teaching the history of all nations.Can we prevent all people from teaching of the history, which is full with the stories of internal wars, and wars between them and other peoples on the grounds that these lessons feed the spirit of fanaticism and extremism? There are even films and videos about the events of the world wars, and fictional wars among different peoples, different categories and citizens of the same country.Should we prevent these documentaries because it feeds the spirit of intolerance and extremism among nations or peoples who participated in it, although it reflects the real events took place in reality? Is it better to distort the reality and to build international relations on the basis of fantasy and beautiful dreams?
There are texts in the Holy Books of the other religions, if it was stripped of their contexts, it could be considered to encourage terrorism.For example, in the Old Testament, When the LORD thy God shall bring thee into the land whither thou goest to possess it, and hath cast out many nations before thee …. Seven nations greater and mightier than thou, and when the LORD thy God shall deliver them before thee, thou shalt smite them, {and} utterly destroy them.Thou shalt make no covenant with them, nor shew mercy unto them, neither shalt thou make marriages with themAnd Also kill every male among the little ones.And kill every woman who has known man by lying with him. But all the young girls who have not known man by lying with him, keep alive for yourselves, and an example of the New Testament:Moreover those mine enemies, who would not {have} me to reign over them, bring them here and slay {them} before me.
Can we say that these scriptures encourage terrorism and aggressive violence? Shall we remove these texts from these books?
Of course we can not.The sacred texts are a special case, and must be understood in the light of the appropriate contexts.
Does any one apostatize from Islam deserve killing?
The general rule in Islam is that there is no compulsion in religion, but when the man chooses Islam, it enters with God in a treaty for the whole life.And the treaty or the contract is binding, and can not be overruled by one of the parties.Any one reflects the historical circumstances, will find that this text came at a time when the political identity was not as it is today, which can carefully distinguish between citizens of different countries. The religious identity was the identity gained to distinguish between groups of people.It was easy for the hostile spies groups to Islam and Muslims to pretend an Islamic personality easily, and it was therefore necessary to put an end to this.
The distinctive identity of a specific group of people requires rights and duties, and man can misuse it as it the case with citizenship.Islam, like any other system does not allow for manipulating the system or a poor exploited.An example of abuse contained in the verse:(And a party of the people of the Scripture say: Believe in the morning in that which is revealed to the believers (Muslims), and reject it at the end of the day, so that they may turn back.) (3/72), it was that some of non-Muslims pretend entering Islam to seduce believers and spread sedition among them.
From the other side, the Muslim jurists differed in the application of this text; some of them said that this text is for threat and intimidation rather than the application.They quoted some evidences including the difference in the verdict of the apostate women, and differences on the duration of repent, despite the agreement on the need for it.And some of them said it extends to the end of life as God says:(And whosoever of you turns back from his religion and dies as a disbeliever, then his deeds will be lost in this life and in the Hereafter, and they will be the dwellers of the Fire. They will abide therein forever.) (2/217), and the prophet (PBUH) says:The actions with which a man’s life is sealed defines his ending.He also said:Allah accepts the repentance of his slave until al-gharghara (when the soul reaches the throat during death).There is also Hadith reports that:(No Muslim shall be killed except in one of the three .. a man come out of Islam and fight Allah and His Messenger, he must be killed or crucified or exiled from the land), this Hadith required in addition to apostasy to fight Allah and His Messenger.
Why do the women inherit half of what men inherit?
In rights and duties in the social system, Islam makes the responsibility of providing a living for men, for his wife and children, for his parents who are unable to work, or his unmarried sisters who are unable to work and who no breadwinner.
Women maintain hers properties collected before marriage and after marriage independently.She can also hire her husband to manage her own funds.Islam guaranteed her to retain her independent personality before marriage and after it.Women before and after marriage belong to the family of her father.Nothing change her surname after marriage, as it is common in many financially civilized societies, where she take the title of her father before marriage, and after marriage she take the title of her husband by custom or law, as if she is a property that move to her husband’s family after marriage.
If we look to the eleventh verse of Surat Al-nesaa (women), we find that the increase in the inheritance subject to liability. If there is no direct responsibility, there is no increase.Allah the almighty says: (Allâh commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers (or sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit; (these fixed shares) are ordained by Allâh. And Allâh is Ever All-Knower, All-Wise.), a male’s share equals two females if they were brothers, and because Islam makes the responsibility of providing a living for men, and therefore his share is bigger.If there is only one girl, she inherits half her father’s money and the rest of the heirs:Male and female are partners in the other half. And if there are two daughters or more, their share is two-thirds of the inheritance of their father’s money, and the rest of the heirs shared the third portion.Add to that the mother’s share equal to the share of the father.
Inheritance is determined by the degree of relationship associated with a degree of responsibility.
Inheritance – in general – is not the only source of income.It also should not be the only reliable source of human.God created people male and female, and privilege both of them with special features needed by the humanitarian community, and provided each of them with mind and imposed self- gain.The helpless is the responsibility of the healthy members in the community.And allocated to him a share in the income of those who are capable to work called Zakat, and urged to give him from their income too.
In the West, the women call for equality in inheritance, as long as her responsibility equals to that of the man’s responsibility towards the family.And she is entitled to do so, especially that many of the ordinances divides the wealth of divorced men and women equally between them, when they separate.The woman perhaps has made a greater effort in the collection of such wealth, or she has inherited her money from a relative, and her husband did not contribute in collecting it in any way.

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