Welcome to Islam, - The greatness of Islamic justice

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Allaah created man to be His servant and to implement His way on earth. If humans distance themselves from this message, then they distance themselves from God’s injunctions. That is why Islam has prepared its followers to follow this righteous instinct, it is a joy to our spirit to stand and think of the greatness of Islamic justice, how fair Islamic law is to individuals and groups, rulers and the ruled!
Let us visit one of Islam’s greatest and brightest symbols of justice, Shurayh Al-Qaadhi )the judge(, who narrates: The Caliph `Umar ibn Al-Khattaab, may Allaah be pleased with him, bought a horse from a bedouin, paid its price and rode off with it. However, after traveling a little distance, the Caliph noticed some kind of defect in the horse so he returned to the seller, requesting him to take it back since it was defective. The man refused, telling the Caliph that the horse was perfectly healthy when it was sold to him. `Umar, may Allaah be pleased with him, told the man to choose a judge and the man suggested Shurayh bin Al-Haarith Al-Kindi whom `Umar accepted.
After the judge listened to the bedouin’s testimony, he turned to `Umar, may Allaah be pleased with him, asking: “Was the horse normal and healthy when you bought it?” `Umar replied: “Yes, it was.” Shurayh then said: “Then keep what you bought or return it as you took.” ‘Umar, may Allaah be pleased with him, looked at Shurayh in admiration saying: “Thus justice should be -- statement, distinguishing words and fair justice… I give you the position of Chief Justice of Koofah in ‘Iraq.”
This is Islamic justice, an ordinary bedouin taking the Caliph to court, deciding which judge to go to and the Caliph accepting the judge’s decision voluntarily. However, this leader was not an ordinary man, but the one about whom the Prophet, sallallaahu ‘alayhi wa sallam, )may Allaah exalt his mention( said:“O Allaah! Make Islam victorious by one of the two `Umars )becoming Muslim(.”
`Umar, may Allaah be pleased with him, did not threaten the bedouin or misuse his power, neither did he tell the bedouin that he had exceeded his authority nor that he would get back to him. No, `Umar accepted the judge’s decision with all modesty.
`Umar, may Allaah be pleased with him, admitted that the horse was healthy when he took it and he accepted the judgment, making the case an everlasting example of Islamic justice. The judge’s fairness made ‘Umar, may Allaah be pleased with him, appoint him as a judge of Koofah. He rewarded the judge for his justice and fairness and did not jail him for ruling against him, as some leaders may have done in present so-called ‘democracies’.
Another example of Shurayh’s justice
‘Ali bin Abi Talib, may Allaah be pleased with him, lost a shield that was dear to him and later found it in the hands of a non-Muslim citizen who was selling it in one of Koofah’s markets. When he saw it, ‘Ali, may Allaah be pleased with him, said: “This is my shield that fell off my camel on so and so night at such and such time.” The man answered: “No, this is my shield in my hand.” ‘Ali replied: “No, it is mine since I never sold or gave it to any one.”
The man agreed to let a judge decide, which ‘Ali accepted. They went to Shurayh who asked ‘Ali for his side of the story. ‘Ali, may Allaah be pleased with him, said that the shield was his and that he had found it with that man, it had fallen off his camel and he had never sold it or given it to anyone. The judge turned to the other man asking his story. The man said that he did not accuse ‘Ali, may Allaah be pleased with him, of lying, but the shield was his, as it was in his hands.
Shurayh turned to ‘Ali saying: “I believe you, but we need the statement of two witnesses to back your story.” ‘Ali, may Allaah be pleased with him, said that there was his aide Qanbar and his son Al-Hassan, may Allaah be pleased with him, to which the man replied that a son could not testify for the benefit of his father. Ali said: “O God, a man who is promised paradise cannot act as a witness! Have you not heard what the Prophet, sallallaahu ‘alayhi wa sallam, said that Al-Hassan and Al-Hussayn, may Allaah be pleased with them, were the masters of the youths of paradise? Shurayh said: “Yes I have, but a son cannot bear witness for his father.”
Then ‘Ali turned to the man and said: “Take the shield, as I have no other witnesses.”
The man, who was a non-Muslim, then said: “O ‘Ali, the shield is yours. What a great religion! I can sue ‘Ali and get a judge to pass a decision for my benefit! I declare myself a Muslim.” He told the judge that he was following the army and had seen the shield fall down and picked it up. ‘Ali, may Allaah be pleased with him, then told him to keep the shield and gave him a horse, besides. Soon after, the man was seen under Ali’s leadership fighting Al-Kharajites )dissenters(. Are these two examples not sufficient for us to follow those great men?

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Welcome to Islam, - Human rights in an Islamic state

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Islam, as represented in the Holy Quran and the Sunnah of Prophet Muhammad sallallaahu ‘alayhi wa sallam )may Allaah exalt his mention(, laid down human rights centuries before they were known to the modern world. The following are some of these rights:
1. The security of Life and Property:
In the address which the Prophet sallallaahu ‘alayhi wa sallam delivered on the occasion of the Farewell Hajj, he said:“Your lives and properties are forbidden to one another till you meet your Lord on the Day of Resurrection.”The Prophet sallallaahu ‘alayhi wa sallam has also said about the Thimmis )the non-Muslim citizens of the Muslim state(:“One who kills a man under covenant )i.e., Thimmi( will not even smell the fragrance ofParadise.”
2. The Protection of Honour:
The Holy Quran lays down this right, stating:“O you who have believed! Let not a people ridicule ]another[ people; perhaps they may be better than them; nor let women ridicule ]other[ women; perhaps they may be better than them. And do not insult one another and do not call each other by ]offensive[ nicknames. Wretched is the name ]i.e. mention[ of disobedience after ]one’s[ faith. And whoever does not repent - then it is those who are the wrongdoers. O you who have believed! Avoid much ]negative[ assumption. Indeed, some assumption is sin. And do not spy or backbite each other. Would one of you like to eat the flesh of his brother when dead? You would detest it. And fear Allah; indeed, Allah is Accepting of repentance and Merciful.”]Quran: 49:11-12[
3. Sanctity and Security of Private Life:
The Quran has laid down the injunction stating:“…And do not spy or backbite each other…” ]Quran: 49:12[ “O you who have believed! Do not enter houses other than your own houses until you ascertain welcome and greet their inhabitants…”]Quran: 24:27[
4. The Security of Personal Freedom:
Islam has laid down the principle that no citizen can be imprisoned unless his guilt has been proven in an open court. To arrest a man only on the basis of suspicion and to throw him into a prison without proper court proceedings and without providing him a reasonable opportunity to produce his defence is not permissible in Islam.
5. The Right to Protest against Tyranny:
Amongst the rights that Islam has conferred on human beings is the right to protest against a government's tyranny. Referring to it Allaah, He says:“Allaah does not like the public mention of evil except by one who has been wronged...”]Quran: 4:148[
In Islam, all power and authority belongs to Allaah Alone; man is only delegated a part of that power which becomes a trust. Everyone who becomes the recipient of such a power has to be accountable before his people, for whose sake he will be called upon to use these powers. This was acknowledged by Abu Bakr, may Allaah be pleased with him, who said in his very first address: “Cooperate with me when I am right but correct me when I commit error. Obey me so long as I follow the commandments of Allaah and His Prophet sallallaahu ‘alayhi wa sallam, but turn away from me when I deviate.”
6. Freedom of Expression:
Islam gives the right of freedom of thought and expression to all citizens of the Islamic state on the condition that it should be used for the propagation of virtue and truth, and not for spreading evil and wickedness. The Islamic concept of freedom of expression is much superior to the one prevalent in the West. Under no circumstances would Islam allow the propagation of evil and wickedness. It also does not give anybody the right to use abusive or offensive language in the name of criticism. It was the practice of the Muslims to enquire from the noble Prophet sallallaahu ‘alayhi wa sallam whether a certain matter or a divine injunction had been revealed to him. If he said that he had received no divine injunction, the Muslims freely expressed their opinion on the matter.
7. Freedom of Association:
Islam has also given people the right to freedom of association and formation of parties or organisations. This right is also subject to certain general rules.
8. Freedom of Conscience and Conviction:
Islam has laid down the injunction; Allaah says:“There shall be no compulsion in ]acceptance of[ the religion...”]Quran: 2:256[ On the contrary, totalitarian societies absolutely deprive the individuals of their freedom. Indeed this undue exaltation of the State authority postulates a sort of slave-like servitude on the part of man. At one time slavery meant total control of man over man - now that type of slavery has been legally abolished, but in its place totalitarian societies impose a similar sort of control over individuals.
9. Protection of Religious Sentiments:
Along with the freedoms of conviction and conscience, Islam has given the right to the individual that his religious sentiments will be given due respect, and nothing will be said or done which may encroach upon his right.
10. Protection from Arbitrary Imprisonment:
Islam also recognises the right of the individual that he will not be arrested or imprisoned for the offences of others. The Quran has laid down this principle clearly as in the saying of Allaah:“…And no bearer of burdens will bear the burden of another...”]Quran: 6:164[
11. The Right to Basic Necessities of Life:
Islam recognised the right of the needy people, that help and assistance be provided to them. Allaah says:“And in their wealth there is acknowledged right for the needy and the destitute.”]Quran: 70:24-25[
12. Equality Before Law:
Islam gives its citizens the right to absolute and complete equality in the eyes of the law.
13. Rulers are not Above the Law:
A woman belonging to a noble family was arrested in connection with theft. The case was brought to the Prophet sallallaahu ‘alayhi wa sallam and it was recommended that she might be spared the punishment for theft. The Prophet sallallaahu ‘alayhi wa sallam replied:“The nations that lived before you were destroyed by Allaah because they punished the common man for his offences and let their dignitaries go unpunished for their crimes; I swear by Him Who holds my life in His hand that even if Faatimah, the daughter of Muhammad, had committed this crime, I would have amputated her hand.”
14. The Right to Participate in Affairs of the State:
Allaah says:“…And their affair is ]conducted[ through consultation among themselves…”]Quran: 42:38[ The chapter or the legislative assembly has no other meaning, except that the executive head of the government and the members of the assembly should be elected by free and independent choice of the people.
Lastly, it is to be made clear that Islam tries to achieve the above-mentioned human rights and many others, not only by providing certain legal safeguards, but also by inviting humankind to transcend the lower level of animal-like existence to be able to go beyond the ties fostered by the kinship of blood, racial superiority, linguistic arrogance and economic privileges. It invites humankind to move on to a plane of existence where, because of his inner excellence, man can realise the ideal of the universal brotherhood.









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Welcome to Islam, - Islam: a religion of peace and justice

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Islam is a religion of peace in the fullest sense of the word. The Quran calls its way"…The ways of peace…"]Quran: 5:16[ It describes reconciliation as the best policy ]Quran: 4:128[, and states that God abhors any disturbance of peace ]Quran: 2:205[
The root word of Islam is 'Silm', which means peace. So the spirit of Islam is the spirit of peace. The first verse of the Quran breathes the spirit of peace; it reads:"In the name of God, the Most Merciful, the Most Compassionate."
This verse is repeated in the Quran no less than 114 times. It shows the great importance Islam attaches to such values as Mercy and Compassion. One of God's names, according to the Quran, is As-Salaam, which means Peace. Moreover, the Quran states that the Prophet Muhammad sallallaahu 'alayhi wa sallam )may Allaah exalt his mention( was sent to the world as a mercy to mankind. ]Quran: 21:107[
A perusal of the Quran shows that most verses of the Quran )and also the Hadeeth( are based on peace and kindness, either directly or indirectly. The ideal society, according to the Quran is Dar As-Salaam, that is, the house of peace ]Quran: 10:25[
The Quran presents the universe as a model, which is characterised by harmony and peace ]Quran: 36:40[ When God created heaven and earth, He so ordered things that each part might perform its function peacefully without clashing with any other. The Quran tells us that"It is not allowable ]i.e., possible[ for the sun to reach the moon, nor does the night overtake the day, but each, in an orbit, is swimming."]Quran: 36:40[ For billions of years, therefore, the entire universe has been fulfilling its function in total harmony with His divine plan.
According to Islam, peace is not simply an absence of war. Peace opens doors to all kinds of opportunities which are present in any given situation. It is only in a peaceful situation that planned activities are possible. It is for this reason that the Quran says:"…And settlement is best…"]Quran: 4:128[ Similarly, Prophet Muhammad sallallaahu 'alayhi wa sallam has observed: "God grants to gentleness )Rifq( what He does not grant to violence )'Unf(.]Abu Daawood[
According to Islam, peace is the rule and war is only an exception. Even in defensive war we have to analyse its result; if the result is doubtful, Muslims should avoid war. Stray acts of aggression are not enough for Muslims to rush into war. They have to assess the whole situation and adopt a policy of avoidance when war is not certain to achieve a positive result.
In actual fact, the mission of all the Prophets from Aadam )Adam( to 'Eesaa )Jesus(, may Allaah exalt their mention, was one and the same - of establishing the ideology of monotheism in the world, so that man might worship the One God alone. As we know, there came a large number of Prophets in ancient times but the message of monotheism remained at the initial stage; it could not culminate in revolution.
In ancient times, the system of monarchy was entrenched throughout the world. The kings, in order to secure their political interests, adopted the course of religious persecution. These kings suppressed all religious movements that were different from the state religion. They would nip all 'apostasy' in the bud since they saw religion as a matter of affirming one's loyalty to the state. If a person adhered to a religion other than the state religion, he was regarded as a rebel.
That is why in ancient times, prophetic movements could go no further than the state of Da'wah, or invitation to Islam. No sooner would a movement based on monotheism arise than the coercive political system would be activated to pull it out by its roots. The reason for the absence of any historical record of Prophets )besides the Prophet Muhammad sallallaahu 'alayhi wa sallam( in antiquity is traceable to the intense opposition of these coercive political systems.
All the Prophets of ancient times, historically speaking, were like mythical beings, rather than real human beings accepted as historical figures. Prophet 'Eesaa )Jesus(, may Allaah exalt his mention, was the last link in the chain of these persecutions faced by the preachers of monotheism. Then God decreed the abolition of this coercive political system, even if it entailed the use of force in order that the age of religious persecution might be brought to an end forever, and replaced by the age of religious freedom. This Divine plan was brought to completion through the Prophet Muhammad sallallaahu 'alayhi wa sallam and his companions, may Allaah be pleased with them all. This is the command given in the Quran:"Fight them until there be no fitnah ]i.e., persecution[ and ]until[ the religion ]i.e., worship[, all of it, is for Allaah…"]Quran: 8:39[
Therefore, Prophet Muhammad sallallaahu 'alayhi wa sallam received special divine succour in the form of a powerful team consisting of one hundred thousand individuals. Equipped with this team, the Prophet sallallaahu 'alayhi wa sallam waged war to end this coercive system of religious persecution, and it was inArabiathat it was first of all overthrown. Then within a very short span of time, they advanced to abolish the coercive system established by the Sassanid and Byzantine empires.
In the wake of this Islamic action, the coercive system was abolished forever in the major part of the inhabited world of the time. This war waged by Prophet Muhammad sallallaahu 'alayhi wa sallam and his companions was not a war as is commonly understood, but rather a divine operation, which was carried out by people who possessed a high standard of moral character.
However, this operation was certainly only temporary in nature. Its goal was to put an end to the age of religious persecution and usher in the age of religious freedom. This end was fully achieved during the early period of Islam, the age of the pious Caliphs. Afterwards the time came to keep the sword in its sheath and engage in Da'wah work, that is, the call to God, which was the real and permanent goal of Islam.
It is no exaggeration to say that Islam and violence are contradictory to each other. The concept of Islamic violence is so obviously unfounded that, prima facie it stands rejected. The fact that violence is not sustainable in the present world is enough to convince one that violence, as a principle, is quite alien to the scheme of things in Islam. Islam claims to be an eternal religion and such a religion cannot afford a principle in its scheme which will not be sustainable in later periods of human history. An attempt to bracket violence with Islam amounts to casting doubts upon the very eternity of the Islamic religion.
No wonder then that the Prophet Muhammad sallallaahu 'alayhi wa sallam so earnestly used to entreat his Lord in his daily prayer:"O God, you are the original source of Peace; from You is all Peace, and to You returns all Peace. So, make us live with Peace; and let us enter paradise: the House of Peace. Blessed be You, our Lord, to whom belongs all Majesty and Honour!"

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Dought & clear, - (Manners of Seeking Knowledge), - Brief overview of the madhhab of Imam Abu Haneefah

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We hope that you could give us a brief overview of Imam Abu Haneefah and his madhhab, because I hear some people criticizing this madhhab because he relies too much on qiyaas (analogy) and ra’y (opinion).
Praise be to Allaah.
Imam Abu Haneefah is the great faqeeh and scholar of Iraq, Abu Haneefah al-Nu’maan ibn Thaabit al-Taymi al-Kufi. He was born in the year 80 AH, during the lifetime of some of the younger Sahaabah and saw Anas ibn Maalik when he came to them in Kufa. He narrated from ‘Ata’ ibn Abi Rabaah, who was his greatest Shaykh, and from al-Shu’bi and many others.
He was concerned with seeking reports and he traveled for that purpose. With regard to fiqh and examining and analyzing reports, he was the ultimate and people depended on him in that, as Imam al-Dhahabi said: “It would take two volumes to tell the story of his life, may Allaah be pleased with him and have mercy on him.”
He was an imam who was eloquent and well spoken. His student Abu Yoosuf described him as follows: “He was the most well-spoken of the people and the most clear in expressing himself. He was pious and very protective with regard to transgression of the sacred limits of Allaah. He was offered worldly gains and a great deal of wealth, but he turned his back on it. He was whipped to force him to accept the position of judge or controller of the bayt al-maal (treasury of the Islamic state) but he refused.
Many people narrated reports from him, and he died as a martyr of dropsy in 150 AH at the age of seventy. (Siyar A’laam al-Nubala’, 6/390-403;Usool al-Deen ‘inda al-Imam Abu Haneefah, p. 63).
The Hanafi madhhab is one of the four well-known madhhabs, and it was the first of the fiqhi madhhabs. It was said that “The people are dependent on Abu Haneefah with regard to fiqh.” The origin of the Hanafi madhhab and all the other madhhabs is that these four imams – I mean Abu Haneefah, Maalik, al-Shaafa’i and Ahmad – made the effort to understand the evidence of the Qur’aan and Sunnah, and they issued fatwas to people based on the evidence that had reached them. Then the followers of these imams took their fatwas and conveyed them and issued other fatwas based on them, and derived principles from them, and they set out guidelines for understanding the texts and reaching conclusions. Thus the fiqhi madhhab was formed, and the Hanafi, Shaafa’i, Maaliki and Hanbali madhhabs, and other madhhabs such as those of al-Awzaa’i and Sufyaan, but these latter madhhabs were not destined to continue.
As you can see, what these schools of fiqh are based on is following the Qur’aan and Sunnah.
With regard to the ra’y and qiyaas adopted by Imam Abu Haneefah, what this means is not opinion based on whims and desires, rather it is an opinion based on the evidence, or analogies, or following the general principles of sharee’ah. The salaf used to describe ijtihaad in difficult issues as ra’y (lit. opinion). Many of them used to say when commenting on a verse of the Book of Allaah, “This is my opinion (my ijtihaad) concerning it,” but that does not refer to opinion based on whims and desires, as stated above.
Imam Abu Haneefah followed ra’y and qiyaas a great deal in matters other than hudood punishments, expiations and other shar’i issues, and the reason for that is that he had fewer ahaadeeth at his disposal than other imams, because he came before the other imams and was very strict about accepting ahaadeeth, as false reports were so widespread in Iraq at that time and there was a great deal of tribulation.
It should be noted that not all the opinions and views of the Hanafi madhhab that is named after Imam Abu Haneefah are the words of Abu Haneefah himself, or can be correctly attributed to him. Many of those views go against what Imam Abu Haneefah himself said, but they were regarded as part of his madhhab because they were worked out according to the guidelines of the madhhab which is derived from the other texts of the imam. Similarly the Hanafi madhhab may adopt the view of a student of the imam such as Abu Yoosuf and Muhammad, and it also includes the ijtihaad of students of the imam, which subsequently became part of the madhhab. This does not apply only to the madhhab of Abu Haneefah, rather the same may be said of all the well-known madhhabs.
If it is said: If the four madhhabs are based on the Qur’aan and Sunnah, why do we find differences of opinion between them on matters of fiqh?
The answer is: Each imam issued fatwas on the basis of the evidence that reached him. A hadeeth may have reached Imam Maalik on the basis of which he issued fatwas, that did not reach Abu Haneefah, so he issued fatwas stating something different, and vice versa. Similarly a hadeeth may have reached Abu Haneefah with a saheeh isnaad so he issued fatwas on that basis, and the same hadeeth may have reached Imam al-Shaafa’i with a different isnaad that was da’eef (weak), so he did not issue fatwas based on it, or he may have issued a fatwa saying something that went against the hadeeth based on the conclusion he reached. This is why differences arose among the scholars, but ultimately the point of reference is the Qur’aan and Sunnah.
In fact, Imam Abu Haneefah and other imams followed the texts of the Qur’aan and Sunnah, even if some of their fatwas were not based on that, the reason being that all four imams stated that if a hadeeth was saheeh, then that was their madhhab, that is what they followed, on what they based their fatwas and from what they derived their evidence.
Imam Abu Haneefah said: “If the hadeeth is saheeh then that is my madhhab.” And he said: “It is not permissible for anyone to follow what we say if they do not know where we got it from.” According to another report he said: “It is haraam for the one who does not know my evidence to issue a fatwa based on my words.” And according to another report he added: “We are human, we may say something today and retract it tomorrow.” And he said: “If I say something that goes against the Book of Allaah or the report of the Messenger (peace and blessings of Allaah be upon him), then ignore what I say.”
Imam Maalik (may Allaah have mercy on him) said: “I am only human, sometimes I make mistakes and sometimes I get things right. Look at my opinion and whatever is in accordance with the Qur’aan and Sunnah, take it, and whatever is not in accordance with the Qur’aan and Sunnah, ignore it.” And he said: “There is no one after the Prophet (peace and blessings of Allaah be upon him) whose words cannot be taken or left, apart from the Prophet (peace and blessings of Allaah be upon him).”
Imam al-Shaafa’i (may Allaah have mercy on him) said: “There is no one who will not be unaware of some of the Sunnah of the Messenger of Allaah (peace and blessings of Allaah be upon him). Whatever I say or whatever guidelines I establish, if there is a report from the Messenger of Allaah (peace and blessings of Allaah be upon him) which is different to what I said, then what matters is what the Messenger of Allaah (peace and blessings of Allaah be upon him) said, and that is my opinion.”
Imam Ahmad said: “Do not follow me blindly and do not follow Maalik or al-Shaafa’i or al-Awzaa’i or al-Thawri blindly. Learn from where they learned.” And he said: “The opinion of al-Awzaa’i and the opinion of Maalik and the opinion of Abu Haneefah are all mere conjecture and it is all the same to me. Rather evidence is to be found in the reports – i.e., in the shar’i evidence.”
This is a brief look at Imam Abu Haneefah (may Allaah have mercy on him) and his madhhab. In conclusion, the Muslim cannot but acknowledge the status and position of these imams, but that should not lead us to give precedence to their views over the Book of Allaah and the saheeh reports from the Messenger of Allaah (peace and blessings of Allaah be upon him), because in principle we should follow the Qur’aan and Sunnah and not the opinions of men; any man’s opinion may be taken or left, except the Messenger of Allaah (peace and blessings of Allaah be upon him),as Imam Maalik (may Allaah have mercy on him) said.

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