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Old Tuesday, November 20, 2007
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Default Islamic Laws

Islamic Laws

Chapter # 1

State Affairs


The difference between an Islamic State and a secular state is that in an Islamic State, affairs are conducted within limits laid down by the Quran. Nobody has the right to transgress these limits; in other words, the right to rule belongs to Allah Almighty alone. It is said in Surah Yusuf (12:40)

"Remember! The command is for none but Allah"

(18:26) "Nor does He share His Command with any one whosoever". If the right to rule is bestowed upon any person or a group of persons, whatever be their name, that shall amount to ascribing partners with Allah. No one, how highly placed he may be, even as high as a Messenger of Allahe, has the right to make people subservient to himself. Surah Aal-e-Imran says: (3:78)

"It is not for any human being unto whom Allah Almighty has given the Book and wisdom and the Divine Message, that he should afterwards have said unto mankind, 'Obey me instead of Allah'. He should rather say, 'You should be amongst those who are subservient to Allah Almighty by following His Book which you study and teach others'."

Be it clear, that it is the Messenger of Allah Almighty who first receives the Book, then he delivers it to others. That is how the Book of Allah Almighty reaches the common man. The Quran was initially revealed to the 'Nabi'e. Later it became inherited by Muslim Ummah. It is said in Surah Faatir (35:32)

"Then We have given the Book for inheritance to such of our servants as We have chosen (It means the Muslim Ummah)". The duty of the Ummah is to establish an Order according to this Book; thus an Islamic State is an agency that enforces the divine command. On the contrary, the system of government in which the right of law-making is exercised by human beings, is a secular regime, whatever its shape may be. That is the line of demarcation between infidelity and Islam, Kufar and Islam. Allah Almighty ordains: (5:44)

"Those who do not establish a rule according to what Allah Almighty has revealed, are non-believers."


i) The code of an Islamic Constitution is the Book of Allah Almighty (the Quran). As stated above, those who do not establish a rule according to the Book of Allah Almighty are infidels (5:44); subservience to any other rule is not right. Surah A'raaf says: (7:3)

"(O Jamaa'atul Mu'mineen) Follow only that which has been revealed to you by your Rabb and do not follow any friends and protectors other than Him. (The subservience to Divine Laws and not of any human being is the real freedom), but very few keep this reality in mind."

ii) This Book, the Quran, is clear and explicit (5:15)

"Light from Allah Almighty has come to you in the form of a perspicuous Book". It means that the Book is clear and revealing. It is very easy to follow (54:32)

"In reality We have made this Quran very easy for taking guidance". It does not contain any disputative matter. Allah Almighty says: (4:82)

"Do they not reflect upon the Quran Were it from anyone other than Allah, they would surely have found therein plenty of contradictions". To be free of any discrepancy is in itself a proof of its having been revealed by Allah. Not only that it does not contain any controversial matter, it has the capacity to stand as a judge, in order to decide on controversial matters. The very aim of revealing Books from Allah Almighty was to decide all disagreements amongst human beings. (2:213)

"And to them (the Rasools) He sent the Book in truth, to judge between people in matters wherein they differed."

iii) As a code of guidance this book is complete as well as immutable: (6:116)

"The Laws of thy Rabb do find their fulfilment in truth and justice. None can change His Laws, for He is the One Who hears and knows every-thing".

iv) In it there are certain laws (the details of) which have been determined and for others guidance has been provided only in principle. The determined laws shall be enforced as such. As far as those laws are concerned where only the principles are given, an Islamic State shall frame details thereof staying within the parameters of these principles according to the needs of their time. These principles shall remain immutable but the rules framed under their guidance shall be liable to change in accordance with the exigencies of advancing times. This is the expedience, on the basis of which Allah Almighty did not determine the by-laws Himself. If it had so happened, these laws could not remain consistent with the exigencies of time, and that could render the working of the way of life prescribed by Him, impracticable. The Book that was intended to remain a code of guidance for all times and for all men, had to be thus, i.e. the principles should be immutable and detailed applicatory by-laws changeable with the change of time. Only this blend of permanence and change could keep the system permanently practicable through all times. This reality has been clarified by saying : (5:101-102)

"O you who believe! (what is necessary for the guidance of mankind has been given through revelation and is prescribed in the Quran). Do not probe into that which has not been revealed (because if We fix up their details, they shall become immutable. And when they shall not be able to cope with the needs of time, you shall be put into difficulty because you shall not be able to accomplish them). The same shall happen if We disclose such matters during the descent of revelation. Thus you should particularly keep it in mind; We forgive all that has happened before. You ought to be careful in future. If you had forgotten or had fallen into error, there is a scope in the Laws of Allah Almighty for forgiveness of failings in small matters. You are given the warning because before this a nation (Israelites) had started asking such questions (2 :108). As a result they had put so many limitation and restrictions upon themselves that it became difficult for them to accomplish them and having been fed up with these details, they forsook the real 'Deen' itself."

It is apparent that the commandments and laws determined in the Quran shall be put into practice gradually according to the conditions of the society, and thus the society shall be brought to the required standard step by step. But it shall not be allowed that you pick up some injunctions of the Quran according to your own liking and take these up along with other un-Quranic injunctions and name the mixture of these two as Islamic Code of Laws", this is also infidelity Kufar. The Jews also used to behave in that way, on account of which they were warned as follows: (2:85)

"Do you then believe in a part of the book and reject the rest But what shall be the recompense for those among you who behave like this, except disgrace in this life, and on the Day of Judgment they shall be consigned to the most grievous chastisement".


The duty of an Islamic Rule is: "To enforce what is lawful according to the Divine Law and prohibit what is unlawful."

It is said in Surah Hajj: (22:41)

"They are those who if we establish them in the land, establish the way of life consistent with the Divine Laws and provide nourishment to individuals, enjoin the right and forbid the wrong."

It means that it shall be the duty of the Islamic Rule to enforce by-laws of what the Quran considers right and forbid what it considers wrong. According to the Quran it is the duty of the entire Ummah. Allah Almighty says: (3:109)

"You are the Ummah raised for the good of all mankind. Your responsibility is to enjoin the right and forbid the wrong". This very Ummah is the inheritor of the Book of Allah Almighty (35:32)". It means that the law and order of the State (known as the government) is not limited to a part in it. The machinery that shall put it into shape has been left by the Quran to the discretion of the Ummah. It may take any form but its aim shall be that the entire Ummah shall take part in the working of the state's affairs _ i.e., all Muslims living within the boundaries of the State. Non-Muslims cannot take part in it because, it is the duty of the government comprising Muslims only to enforce the Divine Injunctions. How then, can those people who do not believe in these injunctions take part in its affairs !


The system in which the entire Ummah takes part, is termed by the Quran 'a system by consultation' (42:38);

It has been ordained by Allah, that "in it, all affairs shall be settled by consultation." This system shall differ from the western system of democracy in which the nation or the representatives of a nation possess the comprehensive powers of law-making; in other words sovereignty belongs to the nation as a whole but in an Islamic Government the sovereignty belongs to (the Book of) Allah. Leaving aside the representatives of the people, even the entire nation has no right either to make laws against it, or bring about a change in it. The opponents of this system used to ask the Rasoole: "If you could make a change in the Quran according to our liking we are ready to compromise with you". In answer to their demand Allah Almighty addresses the Rasoole thus: (10:15)

"Say: It is not for me, to change it of my own accord. I follow not but what is revealed unto me. If I were to disobey my Rabb, even slightly, I am afraid of the punishment I shall receive according to the Law of Requital". It is apparent that when even the Rasoole could not make any change in it at his own, how can anybody else be allowed to do so Now, as far as the system of majority and minority in a democratic system is concerned, it is apparent that since every matter shall have to be decided in accordance with the Quranic Injunctions, so the question of casting the votes does not arise. The concept that the decisions made by the majority are based on truth is false. The Rasoole is addressed as follows: (6:117)

"If you were to follow the majority of the people in the land, they would lead you astray from the path of Allah. They follow nothing but conjecture; they do nothing but indulge in their own surmises". The criterion to judge between right and wrong is not based on majority or minority, but on the Book of Allah. The representatives of the Ummah have got to conduct the State affairs, within the limits laid down in it. The truth cannot remain subject to the whims and wishes of the people. (23:71)

"If the truth had been in accord with their desire, truly the heavens and the earth and all beings therein would have been in confusion". Thus the people ought to obey the Truth, and Truth is the other name for the Holy Quran.


The ranks shall be assigned in the society according to the personal virtues and the character and conduct of individuals: (46:19)

"And to all ought to be (assigned) degrees according to their deeds." And the state administration shall be entrusted to those who are fit for it. (4:58)

"Allah Almighty commands you to render back your trusts to those who are capable of achieving the object;" and the person with the best of conduct and character shall be the head of the state (49:13).

It has been ordained by Allah Almighty "Most honoured of you in the sight of Allah Almighty is (he who is) the most observant of the Divine Laws amongst you," and is the best in their performance. As the state affairs shall be conducted by consultation, he shall remain in office as long as he enjoys the corroboration of the Ummah.


In order to conduct the affairs of the state, there shall be an administrative centre and under this centre there shall be legally authorised officers. Because a system like this was first organised by the Rasoole, thus the term 'Allah Almighty and Rasool' has been used for it in the Quran, which means Divine organisation put in to practice by the Rasoole. Thus the obedience to 'Allah Almighty and the Rasool' meant the obedience to the Centre of this Divine System. Under command of this Centre were the officers Ulil Amr authorised to take decision according to the Law. An appeal against the cases decided by these authorised officers was permissible, but the decisions made by the Centre used to be final. It is said in Surah An-Nisa; (4:59)

"O you who believe! Obey the system established by the Rasool in accordance with the Laws of Allah; and obey the local authorities appointed by this Order. In cases of disputes with the local authorities an appeal can be made to the Central Authority. This will constitute evidence that you really believe in Allah Almighty and His Law of Requital (life Hereafter). This is the best and the most suitable practice _ to obtain, ultimately, a balanced society". The same system continued after the death of the Rasool and the successive caliphs became the Central Authority and the obedience to a caliph became synonymous with obedience to 'Allah Almighty and the Rasool'. As and when that system is re-established, the obedience to its Central Authority shall constitute obedience to 'Allah Almighty and His Rasool'. The entire responsibility of the state affairs shall lie in the Centre, which shall be subservient to the Quran and answerable to the Ummah.


According to the Quran, obedience belongs to the Divine Laws and an Islamic Government is an agency to put these laws into action. Thus any decision by the government which goes against the Quran, its obedience shall not remain mandatory: (18:28)

It Is the command of Allah Almighty Himself: "Do not obey any such person whose heart has become neglectful to Our laws, one who follows his own desires and whose case has gone beyond all bounds". Such could not have happened during the time of the Rasoole, but there is a possibility of such an occasion arising after him. Thus it ought to be so arranged that if any one in the society thinks that such and such a decision made by the government goes against the Quran, he may be able to get a decision from another authority. Such an authority could only be the Judiciary. Thus the decision made by the Supreme Court ought to be considered as final in such cases and none shall be allowed to disobey the decision. If such an occasion does arise, the decision by the Judiciary shall have to be accepted as the decision by "Allah Almighty and His Rasool" (Centre of the System) about which the Divine Command is: (33:36)

"It behoves not a believer, man or woman, that when a matter has been decided by Allah Almighty and His Rasool (the final authority of the Divine System) to exercise a choice in the matter. Anyone who disobeys Allah Almighty and His Rasool, has forsaken the straight path and is clearly on the wrong path."

Often it is said that in such a situation the Sovereign Authority shall rest with the Judiciary instead of the government or the constituent assembly. But as has been explained earlier, the final authority actually rests with the Book of Allah Almighty and none else. In disputed matters the judiciary shall only explain what is the decision of the Quran.


According to the Quran the entire Ummah, as compared to the non-Muslims, is one party. Within the Ummah itself the presence of parties, may it be religious parties or political parties, is 'shirk' (assigning partners unto Allah). The Divine Command is: (30:31-32)

"O believers, remember! Be not of those who follow laws other than His and thus set up peers with Allah Almighty i.e. be not of those who create cleavage in their social order and divide themselves into various sects, where each sect becomes obsessed with its own view of it and the 'Deen' disappears.:

At another place it is said: (6:160)

"Those who create differences in 'Deen' (the way of life prescribed by Allah) and divide themselves into sects (O Messenger of Allahe) you have nothing to do with them. Leave their affair for the Law of Allah Almighty to decide, which would tell them how they acted."

In Surah Aal-e-Imraan it is said: (3:104)

"Be not like those who are divided amongst themselves and fall into disputations after receiving clear signs from Allah. For them is a dreadful penalty."

From these and several other similar verses of the Quran, this reality becomes apparent that when the Ummah gets divided into parties and sects, neither the Deen (way of life prescribed by Allah) survives, nor an Islamic State can come into existence under such circumstances. Deen is another name for the Islamic State which has one code of guidance (Book of Allah), one Ummah as its upholder, and one central authority of the state. In this state, the entire Ummah, in the form of a compact body, revolves around the pivot of the Quran. Look how clearly the Quran explains this reality when it says: (3:102)

"And hold fast, all together, the rope which Allah Almighty stretches out for you and be not divided among yourselves; and remember with gratitude Allah's favour on you; you were enemies and He joined your hearts in love, so that by His grace you became brethren and you were on the brink of the pit of fire, and His Divine System saved you from it. Thus Allah Almighty makes His messages clear to you that you may be guided."

The greatest crime of Pharaoh, as Allah Almighty says in the Quran, was that he had divided his people into parties. (28:4)

"He broke up his people into sections".


In an Islamic society the concept of religious hierarchy is unthinkable. In it the decisions regarding state affairs are called the 'Sharia' laws and their enforcement shall be the function of the government officials. That is what is named as to enjoin what is lawful and forbid what is 'unlawful' (as laid down in the Book of Allah). These injunctions shall comprise the entire aspects of human life. The differentiation between religion and politics and between Deen and worldly affairs is an entirely un-Islamic concept; the consideration of public laws and personal laws as separate from one another is a creation of secular regimes. The Quranic Laws and Values shall encompass aspects of human life _ whether personal or public. These laws and values shall be taught in the government educational institutions; and the literature based on them shall be publicised amongst the people. Thus in an Islamic State there shall be no separate existence of religious institutions, nor a separate group of 'religious Ulama'. In Islam there is NO dichotomy of 'Deeni' and 'secular' affairs. Every single aspect of life is governed by Deen.


The Book of Allah, the scales of justice and the power of enforcement are the ingredients, or the three basics, of an Islamic state. If any one of these basics is missing, it no more remains an Islamic State. The basic object of Deen, is described in Surah Al-Hadeed as follows: (57:25)

"In order to obtain this objective, Allah Almighty arranged His Messengers to be sent to different people with clear signs (proofs); and every Rasool also brought with him a code of laws. They established 'social orders' on the basis of this code so that the deeds of each person could produce the exact results and thus induce people to remain steadfast on justice and equity. In order to provide stability to that social order, Almighty Allah, along with the code of laws, also sent sword (iron) in which there is great strength. And because this strength is utilised for the maintenance of a system of justice, as well as for the protection of the oppressed, it becomes useful for mankind instead of being

harmful. This also brings to light as to who are those faithful people who assist and aid this Divine System which was established by the Messengers of Allah. Before the successful results had appeared before them in a visible form, they made all sorts of sacrifices on the basis of this strong belief that a social order embodying supremacy and strength will most definitely be achieved by their tireless efforts."

In Surah Al-Noor the aims and objects of an Islamic state (Caliphate) have been introduced as: (24:55)

"Allah Almighty has promised to those among you who profess Eemaan (conviction) and put in productive efforts that He will, of a surety, grant them inheritance (of power) in the land, this is Our Immutable Law according to which We had established the earlier nations as well (28:6); that He will establish in authority their Deen _ the one which He has chosen for them, so that their rule shall turn this earth into paradise (39:74); and that He will change their (state) of fear in which they (lived) to one of security and peace, so as to enable them to obey only His Laws with satisfaction and that they are not forced to associate any other laws with His Laws and thus ascribe partners unto Him. (But listen attentively that such a system shall last only as long as these people remain steadfast in obedience to Our Laws). Those who, after such a rule is established, practically keep themselves away from it and put into practice their self-made laws instead of the Divine Laws, shall leave the highway that was leading them to the correct destination and they shall be led astray to other paths and thus shall be deprived of the benefits of a paradisiacal social order. Such benefits were the result of firm belief and deeds consistent with the Divine Laws. When belief and the deed consistent with the Divine Laws remain no more, the benefits shall automatically disappear."

The duty of an Islamic State does not end with the enforcement of laws, but also it brings about a psychological change in the individuals of the state, so as to create in them an intense desire to lead a life consistent with the Divine Laws. This objective can be achieved by the right type of the system of education as well as by the exemplary character of the leaders in the state. As long as such a change is not brought about amongst the individuals, there shall be no change in the society. The Holy Quran says: (13:11)

"Verily never will Allah Almighty change the condition of a people, until they bring about a change within their themselves."

This is an eternal verity stated by the Quran.


Since all human beings are equally worthy of respect, the human rights, ipso facto, shall be equally available to all non-Muslims in an Islamic State. They shall have complete religious freedom. (2:256)

"There is no compulsion in the matters of Deen (the way of life based on the Quran)", shall be the basis of the constitution of the lslamic state. Its universal manifesto shall be: (18:29)

"Pronounce that the truth from the 'Rabb' of you all, has come; then whosoever wills, let him believe (accept) it; and whosoever will not, let him reject it". However, since the very purpose of the existence of this state is the establishment of the Divine System and the enforcement of the Quranic status, it is apparent that those who do not believe in its ideology i.e. the non-Muslims, cannot be admitted to participate in the affairs of the state. Thus the Quran has explicitly advised not to take non-Muslims as your confidants (do not confide in them).

(3:117) "The division of humans shall be based on faith (Eemaan), instead of creed, dialect (language) and nationality. Those who believe in the permanent values given by the Revelation and make the establishment of the Divine System the goal of their life, are the members of one group; on the other hand those who reject its value system, form another group. As the communality of ideas and objectives is the basic condition for unity and concord, it is apparent that a true relationship can never come into being with those who oppose this ideology.

Thus it is said in Surah (3:117) above "O you who believe! Take not into intimacy as your confidants those outside your ranks. They will not fail to leave anything untried to bring about your downfall. They desire it from the depths of their hearts that you should fall victim to such ineffable afflictions that break your strength. A reflection of their malice and hatred has already appeared from their utterances but what their hearts conceal is far worse. We have explained to you these things in a manifest manner, so that applying your intellect and judgement, you should guard yourselves (against their intrigues), if you have wisdom." (3:118)

"Lo! Do not take them as your friends; even if you do it, they will never befriend you, although you believe in all the Books (yours and theirs). (Such a stance of yours is exhibited with the sincerity of your hearts, but their plight is such that When they meet you they say, 'We believe (in your ideology)' but when they leave you, they bite the very tips of their fingers in their rage against you. Say: "Perish in your rage: Allah Almighty knows well (What you do openly and) what is hidden in your hearts".

The psychological strife withen yourself and your double dealing shall become the very source of your destruction.:

To explain it further it is said: (3:119)

"(The malice in their hearts is such that) If good befalls you, it grieves them and if an evil afflicts you, they rejoice at it and if you are patient and keep your duty, their struggle will not injure you in any way. Surely Allah Almighty encompasses what they do."

What really matters is the ideology (Deen). Even the relatives are not exempt. Thus it is said: (9:23)

"O you who believe! Comprehend this truth that according to Divine Code the differentiation between friends and foes shall not be based on heredity and family relationship but instead on the common concept of life. Thus even if your fathers and your brothers like infidelity better than belief, you do not take them as your friends. Look! If after this warning anybody befriends them, he shall do wrong only to himself. This shall be tantamount to rebellion against the Divine Laws."

This matter is of such a great importance that it is said: (9:24)

"Say: If your fathers and your sons and your brethren and your wives and your kinsfolk and the wealth you have acquired, and trade whose dullness you fear, and dwellings you love, are dearer to you than Allah Almighty and His Messenger and striving in His Way, then wait till Allah Almighty brings His Command to pass. And Allah Almighty guides not the transgressing people."

Allah Almighty has presented the lifestyle, character and deeds of two exalted persons _ Muhammade and Ibraheemu as the best models. What were those characteristics of Ibraheem'su disposition which made him worthy of being made the model The Quran says: (60:4)

"In order to understand the ranking of the family relationships against the 'Deen' of Allah, you find the best example (that will remove the perplexities of your hearts and provide them solace) in the conduct of Ibraheem and his associates, when they announced to their people with whom they shared blood-relations: we are clear of you and those whom you serve leaving aside Allah: We reject your erroneous creed and consider it void, and there shall exist between us and you detestation and hostility for ever, unless you also believe in Allah Almighty and Him alone. (In that case you shall be our brothers in Deen) (3:117); (85:22)."

There are several verses in the Quran in which it is said that you cannot confide in non-Muslims. Thus it is clear that not only that they cannot take part in state affairs, they cannot even be appointed in key posts. But, however, this does not mean that they shall be deprived of Human Rights; not at all, they shall get all the justice. The Quran goes so far in this matter that you cannot find an example of it in any other system. Thus it is said: (5:8)

"Let not the enmity of others towards you make you depart from justice. Always act justly, that shall bring you closer to that standard of life where Allah Almighty intends to take you. Thus always stay on the highway to justice."

Not only justice, but extension of the best treatment to non-Muslims has been ordained. It has been explicitly explained in Surah (60) 'Mumtahanah': whereas Allah Almighty forbids you to have relations of affinity with the enemies of Deen. He does not forbid you to deal with them justly (60:8-9). It goes even so far as to say that an Islamic State shall protect the places of worship of the non-Muslims. Thus it is said: (22:40)

"Had Allah Almighty not enabled people to defend themselves against one another, then surely monasteries, churches, synagogues and mosques in (all of) which the name of Allah Almighty is remembered abundantly would have been destroyed."

In addition to providing protection to these places, it is also ordained: (6:109)

"You revile not those whom they call upon besides Allah, lest they out of spite revile Allah Almighty in their ignorance". This is likely to create disorder and chaos, therefore you do not treat their revered persons with insults. Such shall be the position of non-Muslims in an Islamic State.

Being the citizens of an Islamic State, Islamic laws shall be applied to them. In their personal affairs, they shall be allowed to take their own decisions, subject to the laws of the Islamic State.


The Holy Quran aims at removing all differences of mankind and created a universal brotherhood. Thus it is said: (2:213)

"Mankind was one unified community" and (10:19)

"Then they differed". In these verses it has been explained that to begin with mankind was a single brotherhood; afterwards they created differences amongst themselves. (2:213)

"So Allah Almighty sent Messengers with glad tidings and warnings and with them He sent the "Codes of Law", to judge between people in matters wherein they differed so as to turn them again into one community."

In a particular territory the establishment of an Islamic State serves as a laboratory to achieve the above objective. In this connection this state shall co-operate with other nations of the world in matters beneficial for humanity, but shall not co-operate in matters which bring devastation to humanity: (5:2)

"Co-operate with one another in matters which broaden scopes of betterment and well-being to humanity and produce consistency with the Divine Laws, and do not co-operate in matters that become obstructive in the progress of the society or a means of transgressing the Divine Limits."

In this connection a universal law has been proclaimed: (13:17)

"That which is for the good of mankind at large endures on the earth." This very principle shall be the basis of the foreign policy of this state. To eradicate sedition from the face of the earth and to maintain peace in it shall be one of the aims of this state: (2:60)

"And do not cause the disintegration of your society through spreading disorder". This is a peremptory injunction which promotes respect for humanity and becomes justificatory for its existence; because its basic principle is (17:70)

"We have created all human beings worthy of respect". Because this State is meant to achieve these high ideals, it is thus mandatory that it should have the capability of safeguarding its sovereignty. Thus the security of its boundaries is of utmost importance. And it has been emphatically ordained: (8:60)

"Keep your boundaries well-guarded by reinforced cantonments, equipped with all the steeds of war, to strike terror into (the hearts of) the enemies of Allah Almighty and your enemies, and others besides them whom you may not know, but whom Allah Almighty does know". It may even sometimes be necessary to wage war against them to preserve your borders. (since 'War in Islam" is a separate subject, its details are not discussed at this juncture).


(A) In the maintenance of peace and the protection of human rights, treaties shall be set up with other nations. The respect for the adherence to

treaties is essential (5:1)

"The fulfilling of obligations". has been emphasised.

(B) If a breach of trust is feared from any nation, the treaty should be returned: (8:58)

"If you fear breach of trust from any group, throw back (their covenant) to them (so as to be) on equal footing, for Allah Almighty loveth not the treacherous."

If you fear being betrayed on the part of any nation, do not break the covenant without first informing them; inform them first so that both the parties come to the same level. If the premature cancellation of the covenant causes them a loss, it ought to be compensated, so as to come to equality of terms, for the Divine Law disapproves the breach of commitment. If you do not agree to the renewal of treaty, that should also be communicated to the other party beforehand, so that those likely to be affected adversely can make the necessary alternative arrangements. The same procedure was adopted in dealing with the opponents after the conquest of Makkah; its details are given in the first four verses of Surah Taubah (9:1-4) But if the other party breaks the covenant without reason, war is allowed against them. [see details in (9:12-13)].

(C) If the enemy joins hands with a group which enjoys a treaty (of peace) with you, the war against them shall be discontinued. The same applies to those who remain neutral. (4:90).

(D) Against those with whom you have a treaty of mutual alliance, even the Muslims will not be extended help (8:72).

Detailed injunctions in these matters also relate to wars; therefore only the pointers have been described at this juncture.


In an Islamic State, the spreading of sedition, (creating dispersion, diminution of peace and to bring about lawlessness) or mutiny against it, are the most serious crimes for which the punishment is very severe. Thus it is said: (5:33)

"The result of their tumultuous attitude is that when a system of justice has been established in the country in which there is peace all round, instead of living a peaceful life, they continue their subversive activities. This is tantamount to rebellion against the system based on justice and statute. In such a case the punishment of those who rebel against the central authority of the state and strive to create disorder within its boundaries, is their execution or crucification, or the cutting of hands and feet from opposite sides, or banishment from this land (or deprivation from general privileges) i.e. any of those relevant to their crime. This punishment shall be their disgrace in this life and a heavy punishment is theirs in the Hereafter as well. That is because one result of this crime is related to the society which it is necessary to check and the other has its effect on the person of the offender (4:111) which results in the disintegration of his personality which shall be the cause of his destruction in the life Hereafter."

But if these people repent before being taken in (retract from their rebellious course), they shall not be punished. The verse following the one above, explains: (5:34)

"Except for those who retract from their activities before their being subdued by you: keep in mind that in that case the Divine Law may spare them from the punishment and they may not be deprived of the common privileges."

The Holy Quran has described at other places, those who wage a war against the Islamic System. [See (9:63); (58:5-20)].

(a) Leaving aside actual rebellion against this System by such people, even to have relations of affinity with them is a crime: (58:22)

"As it is a fact that truth and falsehood are opposite to each other, so how can it then be possible that people who believe in Allah Almighty and in the life Hereafter, befriend those who resist the Divine System even though they were their fathers or their sons, or their brothers or their kindred. [(3:117); (60:4)]."

(b) To betray the trust of an Islamic Government is also a crime: (8:27)

"Oh you who believe! It is essential for you neither to betray the Divine System (Allah Almighty and His Rasool), nor misappropriate knowingly in discharging the duties assigned to you. You know what shall be its result."

To advocate the cause of those who betray the trust is also a crime: (4:107); (4:105)

"So be not amongst those who advocate for the perfidious".

It is also a crime to conspire and to hold secret meetings in order to discuss unlawful affairs: (58:9)

"O you who believe! When you hold secret counsel, do it not for iniquity, hostility and disobedience to the Divine System. Always hold counsels for righteousness and self-restraint."

It is incumbent on an Islamic State to make them a part of their constitution in an appropriate form.
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Chapter # 2


1. To establish the rule of justice is a basic responsibility of an Islamic State. The demand for justice prevails in all walks of life, but here we shall talk only about the judicial justice (that which pertains to the domain of law). The Quran also provides the required guidance for justice-dispensing agencies i.e. the courts of law. It is necessary to understand one basic principle about JUSTICE. According to the common concept of justice in the world, the duty of a law-court is to decide the disputed affairs according to the code of law that is prevalent; therefore a decision made accordingly shall be considered as based on justice. But, if the law itself is not based on justice, then the decision based on it can never be considered just. Thus the principle laid down by the Quran is that the law of the land should also be based on justice. In this respect the Quran does not indulge in a philosophical debate as to what is meant by "law on the basis of justice" and what is the definition of justice. It addresses the Islamic sovereign state decisively as follows: (5:44)

"If any do fail to judge by what Allah Almighty has revealed, they are the infidels."

It means that where the rule is based on Quranic Laws, it shall be an Islamic government and if it is not based on Quranic Law, it shall be a government of non-believers. Only that law shall be considered as based on truth which conforms to the Book of Allah; any law contrary to it shall be based on 'zulm' (injustice). Thus the judges are addressed as follows: (7:158) "They guide people towards the Truth (the Quran), and dispense justice in accordance with what it dictates."

The real justice, in fact, is the justice based on Truth. If the law is not based on Truth, then any judgement according to this law cannot be considered as meeting the requirements of justice. Truth is, in fact, another name for the Book of Allah. The same is the difference between an Islamic state and a secular state.

In Surah 'Saad' it is said: (38:26) "O David! We did indeed gave you the rule on the earth, so decide between men in truth, and do not follow the lust of their hearts, for they will mislead you from the path of Allah."

This makes clear two issues: firstly that the law of the land ought to be based on Truth (the Book of Allah); secondly, that the court of law should remain above its personal sentiments that is it should remain neutral. That is what is called 'a just decision'.

2. For a system of justice the Quran has ordained: (4:58) "And when you decide between man and man, you must do so with justice."

Even when you make peace between parties, do so with justice (49:9) In Surah Al-Hujuraat it is ordained that if two factions of Muslims develop a dispute (and wage war against each other) "Sort out their mutual conflict with justice".

3. Even enmity with a nation should not incline you to act unjustly. (5:8)

"Let not the enmity of others make you swerve from justice; be just, that is only nearer to (Taqwa) piety."

4. Not only the cases of Muslims, but the cases of non-Muslims also should be decided with justice. The Rasoole was ordained: "Even if the non-Muslims come to you for the judgement of their cases: (5:42) "Judge between them with equity".

5. The Rasool was told: "We have sent this Book to you with the truth": (5:48) "So judge between them as Allah Almighty has revealed and follow not their vain desires."

6. Al-Kitaab (The code of Divine Laws), power to enforce this code and scales of justice are the basic ingredients of an Islamic government as stated earlier. The various aspects of the subject are thoroughly discussed in Surah Al-Hadeed: (57:25) "For this purpose Allah Almighty has so arranged that He sends His Messengers to different people (nations) with clear, unambiguous arguments and each one of the messengers brings with him a code of law. He establishes an Order in accordance with this Code wherein every-body's deeds produce their designated results and thus people adhere to the rule of justice and equity. For the stability and strength of such a society We have sent, along with the code of laws, steel (to provide the enforcing power) in which there is much of stiffness (strength); because power provided by (the strength of) this steel becomes instrumental in establishing an order based on justice and equity and providing protection to the oppressed. Therefore, instead of being harmful, it becomes greatly beneficial to mankind. The establishment of this Order also brings into open those faithful and loyal persons who contribute towards achieving this goal (the establishment of the Order) which takes practical shape through the efforts of Allah's Messengers. Although the refulgent results of the establishment of this Order have not, as yet become visible, these faithful and loyal people, on the strength of their conviction only, offer every type of personal sacrifice and thus establish the system ordained by Allah, wherein lies inherent Power and Sovereignty."

7. During the course of justice, do not make any distinction between relatives and non-relatives or between your people and those of the other factions, neither the status of rich and poor, nor even your personal benefits, should affect your judgement. The judgement must be based on justice, even if it goes against yourself. Thus it is ordained: (6:153)

"When you say something, say it according to justice, even if the concerned person is your relative."

Justice depends on evidence and for evidence the Holy Quran has set up such a high standard the like of which you may not find elsewhere. Thus it is said: (4:135) "In order to establish this system in which you find pleasures of the present life as well as of the future, the basic condition for justice is that you stand as a witness, neither from the plaintiff, nor defendant, but present your own evidence in all truth and equity, even if it goes against yourself or your parents or your other relatives. Do not differentiate between rich and poor in this respect: for Allah Almighty can best protect both, so much so that you must do justice even to your enemy (5:8). Do not favour anyone after swerving from what is just, as Allah Almighty himself takes care of them. Keep it in your mind that your sentiments may not come in the way of justice. Do not talk in a crooked manner, nor try to avoid being a witness. Remember that Allah's law of requital is well acquiantal with what you do. He knows the inclination of your mind as well as your sentiments."

8. As said earlier, Allah Almighty ordains both 'Adl' and 'Ihsaan' [(7:20); (16:90)]. To punish the criminal for his crime is 'Adl' (justice) and making good the loss of the claimant is Ihsaan. This is the basic responsibility of an Islamic state.

Basic orders about the enforcement of Justice.

1. To punish the criminal according to law is the duty of the government. This is called 'Qisaas'. In this lies the secret of the life of people. There shall be no distinction between small or big. Thus it is said: (2:178)

"O you who believe! As regards punishment, it has been made incumbent upon you that the murderer must be punished. (It means that the crime should be considered as a crime against society or against the system itself and not against the victim only). Thus while giving punishment, the basic principles of justice and equality must be kept in mind, which means that there should be no distinction between big and small. It is not a question of the position of the murderer or the murdered; the real question is the enforcement of justice according to which every human life is of equal value. For example if the murderer is a free man he alone shall be punished for his crime; likewise if she is a woman she shall not be spared because of her sex. She will have to undergo punishment.

Murder can be of two types _ murder by intent, or murder by mistake. In the case of willful murder, the punishment is death (not ransom money) or any other punishment proportionate to the nature of the crime, i.e. anything less than the capital punishment (4:93). But the punishment should not exceed the nature of the crime [(42:40); (17:33)]. "But if it is not a willful murder but a murder by mistake, the punishment according to verse (4:92) is ransom money (blood money). But if a remission is made by the heirs of the slain out of their own goodwill, they are allowed to do so (17:33). In such a case it is incumbent on the murderer to abide by what has been settled and pay it in a commendable manner. In determining the punishment of murder by mistake, Allah Almighty has provided facility for relaxation, so that the potentialities of all of you may keep developing.

But if anybody transgresses after the settlement has taken place, he shall be punished heavily."

Thus it is clear that a compromise can take place only in case of unintentional murder, not in willful murder. In willful murder the murderer shall be punished. This is the law of QISAAS about which it has been ordained: (2:179) "O you men of understanding! In the Law of Qisaas (Retribution) there is (saving of) collective life to you". It means that if you think over it dispassionately, the reality shall come to the surface, that in the Law of Qisaas (Retribution) there is a secret of individual as well as collective life, so that society can be saved from the dangers inherent in lawlessness.

2. Only the criminal _ and not any other person in his place _ shall receive punishment, nor shall any innocent person be prosecuted in place of a guilty person. Everybody shall bear his own burden: (6:165) "Every person draws the meed of his acts on none but himself; no bearer of burdens shall bear the burden of another."

3. The system of justice ought to be such that nobody might provide any benefit to the criminal, nor the recommendation of any person be accepted, nor the criminal be released through bribery, nor anybody could help him to escape punishment by any other means. Thus it is said: (2:48) "Then guard yourself against a day when one person shall not avail of another, nor shall the intercession be accepted for any person, nor any compensation be taken from somebody, nor shall anyone be helped (against the law)."

[This will happen when the Quranic System of Justice is established in this world; and in the life. Hereafter, all affairs shall be settled subject to the Law of Requital].

4. The punishment of a criminal shall be proportionate to, and not exceed his crime. In this respect the principle is (42:40) "The recompense of an evil is punishment like it". This has been explained further in [(2:194); (10:27); (16:126); (22:60); (40:40)].

5. If there exists possibility of mending one's self, he can be forgiven. (42:40) "But if a person forgives and makes reconciliation, his reward is due from Allah."
6. Before an offence is proved, the accused ought to be considered innocent. Thus during investigation he should not be treated with excess. To consider him guilty at this stage is against the Islamic Code. In Surah 'An-Noor' there is a tale about a woman during the time of Rasoole. It is said that some evil-monger brought about a false accusation against a virtuous woman and gave it publicity. The Quran took strong notice of it and said: Evil-mongers had given publicity to a false accusaion but what had happened to you that you accepted it as true, without any investigation When you had heard about it, you ought to have a favourable opinion about her and your first reaction ought to have been (24:12) "It is an obvious lie"; (This is an obvious lie) and (24:16)"This is most serious slander". From this the principle is deduced that unless a crime is proved against a person, he should not be considered guilty, i.e. an accused should not be considered a criminal, but a favourable opinion should be formed about him until such time that he is proved guilty.

7. When a legislation is passed none shall be held accountable for what he has done before its enactment. (4:23) "What has been done before (the enactment of a law) shall not be dealt with in accordance with this law." [Also see (2:275) and (5:95)].

8. Only a willful act shall be considered a crime. Thus it is said (33:5)

"There is no blame on you if you make a mistake: what counts is the intention of your hearts". i.e., only an act committed intentionally is accountable; if someone commits an offence on account of ignorance and thereafter repents and amends (his conduct), he can be excused for it. (6:54) But that does not mean that people may become careless about the law. Carelessness itself should be considered a separate offence. For example the punishment for willful murder is death and the punishment for murder by mistake is ransom money (4:92-93). It means that carelessness is also a crime but not as serious as a willful act.

9. If one is forcibly made to commit a crime he shall not be considered a criminal (16:106). The use of force may be of varied types; however, this is not the place for giving details about them.

10. A small mistake by those who always avoid big crimes may be considered excusable. About Mumineen it is said: (53:32) "These are the people who avoid major crimes, though they may fall into small slips".

11. Anybody who puts another on the wrong path, he becomes a partner in crime. About such people it is said: (16:25) "Let them bear on the Day of Judgement their own burden in full and also (something) of the burdens of those without knowledge, whom they misled. Alas! How grievous are the burdens they will bear!"

Likewise is the one who commits a crime and throws it on another; he commits a double crime: (4:112) "And if any one commits a mistake or a crime himself and then foists it on to the innocent, he carries (on himself) (both) the burden of a calumny and a flagrant sin."

12. While declaring a judgement, the circumstances, upbringing, mentality and psychological condition of the criminal must be kept in mind. That is why the punishment, for a slave woman who commits adultery (zina), is laid down as half of that for a free woman (4:25); and double for the consorts of the Rasoole (33:30). It should be clearly understood that this commandment pertains to that period of Arab history when slavery was still rampant. Since the Quran closed the door of slavery, the question of the captive women, or of the consorts of Rasoole does not arise. However, principles can be deduced from such verses which could be applied to present-day society.

13. Remove evil by doing good. It means to create such an atmosphere in society that people shall avoid crime automatically. (28:54); (23:96); (11:114) is a universal principle of the Quran. It means that bad deeds ought to be countervailed by doing good. This principle serves as a means to bring about a pleasant and comprehensive resolution. Thus while declaring punishment for a crime, the prevailing conditions in the society ought to be kept in mind.

14. The object of justice is not only to punish the offenders but also to compensate the loss of the oppressed. In this connection the example of the crime of murder as laid down in the Quran, can be presented. The one who is murdered leaves this world but the compensation for the loss that his heirs suffer is also necessary. Thus it is said: (17:33) "If anyone is slain wrongfully, We have given his heirs the right to demand (QISAAS) or to forgive.)" From this example you can draw a principle which can be applied to other occurrences like this. As far as the compensation of the loss of the oppressed is concerned, the oppressed shall be the plaintiff and the government shall be the defendant in such a case. Thus it shall be incumbent upon the government to protect the life, property, honour of all who live within its territory. Moreover, except for the loss suffered by a person on account of his own neglect or carelessness, its compensation shall lie on the government and this loss includes not only life and property but also mental torture, because the government guarantees to the people to provide for them an atmosphere wherein (2:38) "on them there shall be no fear nor shall they grieve". In fear the physical loss, is included and in grief, mental torture is included.

15. The government shall be answerable to the judiciary for each of its responsibilities, like other individuals. Even the Rasoole who was the first head of an Islamic state, was made to declare: (6:14) "I am the first to submit to Divine Law; and If I disobey Divine Command, I indeed fear the penalty of the Mighty Day."

Therefore none is exempt from this law _ neither the government, nor its functionaries, nor even the head of state.

16. The Quranic philosophy concerning crime is as under:

a) Every crime leaves an effect on the offender himself (as well), so that, to begin with, the offender inflicts injury on his own person: (4:111) "If anybody earns a sin, he earns it against his own self".

It means that the first effect of committing wrong is on the personality of the offender and this effect cannot be erased by punishment from the court.

b) The effect of some offences is limited to the personality of the offender; it does not affect another person e.g. the treachery of the eyes and evil intentions of the heart (40:19). These offences do not normally come under the jurisdiction of the courts of law: yet even such offences which affect only the personality of the offender (for example addiction to narcotics) if declared as crimes by the law, shall come under the jurisdiction of the court.

c) Only those offences come under the jurisdiction of a court which the offender has actually committed. For example if one intends to commit theft but does not find an opportunity to do it, although the effect of his intention shall be imprinted on his own 'self', he shall not be considered as an offender in the eyes of the law. The Quran says that Allah's Law of Requital takes account of even the ideas that pass in your mind. It means that such a person shall not be an offender in the eyes of the law-court, yet he shall be an offender according to Allah's Law of Requital. That is why the Quran lays stress on the reformation of human ideas and intentions. If the human intentions are rectified, the crimes cannot occur. Thus it is the duty of an Islamic state to give wide publicity to educate its citizens on the philosophy of crime, so that the individuals of the society begin to comprehend the eventual loss for wrongdoing and the violation of law. Verses (4:107-112) are an eye-opener and provide effective guidance for eradication of crimes from society. As a matter of fact Eemaan on Allah's Law of Requital and the life Hereafter, substantiated by reason and argument is a great rectifying force.

17. In matters relating to punishment, it ought to be kept in mind that the punishments prescribed by the Holy Quran itself, are the maximum punishments and were proposed according to the socio-economic conditions that prevailed during the days of its revelation. These punishments shall be ordered only under similar conditions. If the conditions change, an Islamic Rule can make changes in them. An example of it is found in the Quran itself. The punishment for revolt against the Islamic Rule is:

o Beheading,

o Crucification,

o Cutting off hands and feet, or

o Banishment (or detention) - (5:33)

The object of prescribing a number of punishments is that these should be enforced according to the prevalent conditions. These punishments are neither abrogated, nor can they he annulled but these are conditional to the prevailing circumstances. On the other hand the Islamic Government itself shall determine punishments that have not been prescribed by the Quran, the Islamic Government shall also decide as to which of the social laws can be included in the list of penal laws.

Corporal punishment

The Holy Quran has prescribed corporal punishments for crimes. Imprisonment as punishment is nowhere mentioned in the Quran. (For general immodest behaviour on the part of women which leads towards adultery, the punishment prescribed is "confinement to houses"): (4:15) "If any of your women are guilty of an immodesty (which can result in leading towards adultery) take the evidence of four reliable witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them or the law of Allah Almighty creates a situation which takes them away from such shameful acts; such as she gets married". [Punishment for fornication is mentioned in (24:2) and punishment for making a false accusation in (24:4)].

Internment can also be imposed as a punishment in crimes relating to disorder and rebellion as has been previously explained (5:33-34).

In Surah "Ahzaab" (33rd chapter of the Quran) a verse points towards banishment also. It starts with address to the Nabie: (33:59)

"O Nabi! Tell your wives and daughters and the believing women, that they should cast (a loose) outer garment over their persons when going out, (24:31). It is necessary for their recognition as honourable women, so that no vulgar people may molest them. According to the Divine Law this shall serve as a means of their protection as well as training. (33:60-61)

"So (You be careful to this extent but if after this) the hypocrites, whose hearts are diseased with wickedness and those who stir up sedition in the city desist not, then force shall have to be used against them; thus after a while they shall not be able to stay amongst you. They shall be deprived of all the privileges (they received, on account of their being the citizens of an Islamic State). In case they still persist in their rebellion, they shall be prosecuted and put to death."

In the above passage the words points to the possibility of their banishment.

Testimony (Evidence)

1. In evidence be just. In Surah Al-Maa-idah (5th Chapter of the Quran) it is said: (5:8) "O you who believe! Stand out firmly as witnesses to maintain and perpetuate justice and do not do it for personal gain but merely for the sake of Allah."

The singularity of believers has been described as: (70:33) "Those who stand firm in their testimonies."

2. Always come forward with just narration even if it goes against you or your parents or other relatives, in your testimony do not differentiate between the rich and the poor, nor should your sentiments be allowed to prevail upon you. Never speak in a crooked way. Do not evade standing as a witness. Stand not as a witness for the plaintiff or for the respondent, but do so for Allah Almighty alone. (4:135) "In order to establish a system in which you can receive the pleasant things of the present, as well as of the future, the basic condition is that you should become the custodians of justice in this world (5:8); and for justice the basic element is truthful evidence. Therefore stand out firmly for justice as witnesses for Allah, even as against yourself, or your parents, or your kins, and whether it be (against) rich or poor; do not become their well-wishers at the cost of leaving the course of truth, for Allah Almighty can best look after them. Follow not

the behest of your passions lest you swerve. Nor say anything deceitful or refuse to present your testimony; verily Allah Almighty is well acquainted with what you do (even with your passions and inclinations)."

3. Do not conceal testimony; (2:283) "And do not intermix truth with falsehood in your evidence".(2:42) "Nor present untrue (false) testimony". The singularity of the believers has thus been stated: (25:71) "They never present false (untrue) testimony."

4. You should present your testimony only on matters that you personally know: Allah Almighty ordains: (17:36) "And pursue not that of which you have no personal knowledge, for every act of hearing, or of seeing or of feeling in your mind, will be questioned into. It means that you reach conclusions through personal enquiry by the use of your sense and mind. If any link of this chain is broken, your enquiry shall remain defective. This is a great responsibility that Allah Almighty has laid upon you. Allah Almighty has endowed you with "discretion and choice, so that you can choose between right and wrong; you are not a helpless machine, and with this, He has provided you with means to investigate; and not to use such means is to avoid your responsibility."

5. Witnesses should not refuse to attend when called for: (2:282) On the other hand stress has been enjoined upon: (2:282) "Let neither scribe nor witness be harmed."

6. If the testimony of certain witnesses is doubtful, the court can call other witnesses: (5:107-108) "If it is found that the witnesses are guilty of perjury, let two others (from the party against which the wrong evidence has been presented) stand forth in their places and swear by Allah Almighty that their testimony is truer than those who appeared earlier and that they will not exceed (beyond the truth); and if they do so they shall become guilty.

(In the Divine Law, testimony over and above the first testimony is allowed because) therein lies the possibility of witnesses giving true evidence for fear of contradiction in which case they shall be considered as criminals and this shall bring them a bad name in society. Now it is necessary for you, therefore, to remain conscious of the Divine Law and listen carefully that if you leave the right path and take up the wrong instead, it would never lead you to your destination."

7. Witnesses ought to be from amongst your own people except where it is not possible to do so: (5:106) "O you who believe! When death approaches any of you, take witnesses amongst yourselves while making a will, because making a will has been made incumbent upon you (2:180) _ Take two just men as witnesses of your own (brotherhood), or others from outside if you are journeying through the land (or where your own people are not available) and the probability of death befalls you.

Then at the time when their testimony is needed, if you doubt their truth, let your judges detain them both, after prayers (in the mosque) and let them both swear by Allah: We wish not in this for any worldly gain; even though our (beneficiary) be our near relatives; and that we shall hide not the true evidence. If we do that, then the sin will be upon us, i.e. we shall be considered as offenders."

8. In transacting financial matters take two male witnesses and if two male witnesses are not available, take one male and two females. The Holy Quran has even given the bylaws in this respect to the minutest details for the reason that it gives utmost importance that matters of financial transactions should be clear and firm. We, therefore consider it necessary to append below complete guidance given by the Quran in this regard: (2:282)

"O you who believe! When you borrow money for a fixed period, reduce the agreement to writing. Let a scribe write down this mutual transaction faithfully: let the scribe not refuse to write; as Allah Almighty has given him the knowledge; but he should keep the Divine Law before him and not make any alterations in it (nothing more or less). If the one who takes the loan is mentally deficient or weak or is unable himself to dictate, let his guardian dictate faithfully; and take two witnesses out of your own men and if there are not two men, then a man and two women such as both parties agree to: the purpose behind taking two women in place of one man, so that if one of them errs or is confused, the other can remind her. The witnesses should not refuse when they are called on (for evidence), disdain not to reduce to writing your contract whether it be small or big, it is closer to the demands of justice in the sight of Divine Laws. This is the best method to make the testimony firm and free of any doubts among yourselves.

But if it be a transaction which you carry out on the spot among yourselves (which you do normally), there is no blame on you if you reduce it not to writing, but even then take witnesses whenever you make such a deal; and let neither scribe nor witness suffer harm. If you do (such harm) it would be tantamount to flouting the Divine Law. So guard Allah's Law well, for it is He Who makes these laws known to you. And Allah Almighty is well-acquainted with all things.

And after this it is said: (2:283) "If you are on a journey and cannot find a scribe, a pledge with possession (may serve the purpose). And if one of you deposits a thing on trust with another, let the trustee (faithfully) discharge his trust and thus abide by the Law of the One Who is his Sustainer.

Conceal not evidence, for whoever conceals it, his heart gets tainted with sin. Even if other people do not know of it and he continues to be a reliable person among others, his 'self' does get injury and its nurturing forces do diminish and get weakened; because nothing can remain hidden from Allah's Law of Requital."

As far as the question of two women in lieu of a man is concerned, the Quran itself has explained the reason; i.e., if one woman forgets or is confused, the other shall remind her. This clarifies two points:

i) Firstly that in that period the women were such (due to illiteracy) that they were not able to describe their own case properly (43:18) and that it was seldom that a chance arose for them to take part in the collective affairs; it was not unexpected of them to get confused before a court of law.

ii) Secondly the need for a second woman arose only when the first one got confused and forgot. If the first woman remained free of confusion and forgetfulness, the second woman could neither interfere nor her testimony was needed.

This fully explains that, in fact, two women are not appearing as separate witnesses; one would suffice provided she does not suffer confusion in the court.

It makes clear that women are not considered unreliable as against men on the basis of being women. It is only the special conditions that are kept in view. When such conditions remain no more, the testimony of one man and one woman shall be considered equally trustworthy.

9. As explained in item (7), at least two witnesses are required while making a will (5:106).

10. For acts of immodesty (leading towards adultery or fornication) at least four witnesses are required: (4:15) "Remember! This testimony is for cases of general shameless acts (leading towards adultery) and not for adultery itself."

11. In cases of calumny against chaste woman, (at least) 4 witnesses are required (24:4) "And those who make an accusation against chaste women and provide not four witnesses (to support their accusation), scourge them eighty times and reject their evidence ever after; for such men are wicked transgressors. (Also deprive them of such privileges that are available to the citizens of an Islamic State, and if they still continue with their nefarious designs inflict upon them a more grievous penalty (24:23) because these people go astray leaving the right path.

But if the charge (of adultery) is against one's own wife and other witnesses are not available, it is sufficient to take an oath. Thus it is said; (24:6-9) "And for those who raise a charge (of adultery) against their spouses and have (in support) no evidence but their own _ the solitary evidence of the husband (can be received) if he bears witness four times (with an oath) by Allah Almighty that he is solemnly telling the truth. And the fifth (oath should be) that he solemnly invokes the curse of Allah Almighty on himself if he tells a lie. But it would avert the punishment from the wife, if she bears witness four times (with an oath) by Allah Almighty that (her husband) is telling a lie. Again the fifth (oath) should be that she solemnly invokes the imprecation of Allah Almighty on herself if (her accuser) is telling the truth. With this she shall be acquitted."

12. Two witnesses for the last stage of divorce: (65:2) "When they complete their Iddat (term of counting) _ ('Iddat' shall be discussed in detail under injunction 12 of the family laws) _ either take them back on equitable terms or part from them on equitable terms and take for witness two persons from among you, endued with justice who stand as witnesses (to this last stage of divorce) as a duty towards Allah."

The detailed injunctions about divorce shall be described later on; the issue described here is regarding 'Evidence'.

13. Circumstantial Evidence :

Testimony can be deduced from circumstantial evidence; like it was done in the accusation against Joseph. Here the witness was not an eye-witness, but he argued: (12:26-28) "If it be that his shirt is rent from the front, then her tale is true and he is a liar, but if it be that his shirt is torn from the back, then she is the liar and he is telling the truth; so when he saw his shirt torn at the back, (her husband said) Behold! It is the guile of you women; how deep are your treacheries and how dangerous are your deceptions."
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Chapter no 3

Government Agencies


Although every law and code of an Islamic State shall be applicable to the government officials like the other individuals of society, but, in view of their special responsibilities, they shall have to be more circumspect in some particular aspects, for example:-

1. Allah's Law of Requital is cognizant not only of the human deeds that are manifest, but also of those which are concealed, such as an idea that flashes across one's mind or even the impurity of one's glances. Therefore, in the performance of their duty if they commit any carelessness, negligence, irresponsibility or breach of trust, but somehow escape the consequences of the law, yet they must remember that they cannot escape the grip of Allah's Law of Requital. Allah's Law of requital is such that: (40:19)

"He knows the perfidy of the eye and that which the bosoms hide."

2. In each affair they shall have to ensure that they do not take a decision repugnant to Quranic Teachings because "to enjoin what is right according to the Divine Laws and to forbid what is wrong", is their basic responsibility (22:41). Their decisions should not only fulfil the demands of justice but also that of Ihsaan. Thus it is said: (4:58)

"Whenever you decide the disputed affairs of the people, always do it with justice."

At yet another place it is said: (16:90)

"Indeed Allah Almighty commands you to do justice and make good the deficiencies of others."

Justice means that every individual in a human society gets what is his due and Ihsaan means making up the abatements of the individuals to restore the disturbed balance in the society. ADL and IHSAAN are the two basic terms of the Quran which can be given a practical shape by pondering over the day-to-day affairs. For example a thief shall be punished according to law; this shall be a matter of justice. But the loss of one whose belongings have been stolen, is not compensated by this act. The Adl and Ihsaan demand that the loss of the victim should also be compensated.

3. You yourself must practise what you say to others; (61:2-3)

"O you who believe! You ought to present a practical proof of your belief (in the Divine Commands) by your own acts. You should never say to others what you do not do yourself. It is grievously odious in the sight of Allah Almighty that you say what you do not do."

Harmony in what you say and what you do is the visible proof of what you profess.

4. All that belongs to the State (even the secrets of the State) are a trust with you. Do not betray this trust: (8:27)

"O you who believe! It is incumbent on you that you do not betray the trust placed in your hands by the Divine System (Allah Almighty and the Rasool) nor in the performance of the duties entrusted to you. You know what shall be the result of it."

5. Render back your trusts to whom they are due and fill up the vacancies in the government service on their merit. Both these concepts are present in the verse: (4:58)

6. Never let people's confidence (trust) in you be shattered. Let the trustee faithfully discharge his trust: (2:283)

"If one of you places a thing in trust with another, let the trustee (faithfully) discharge his trust."

Basically this command relates to properties entrusted to others but as a matter of principle this is applicable to all kinds of trusts. It means that no matter what is placed in your trust, you should always honour the trust reposed in you.

7. Do not take part in any type of intrigue and always stay conscious that: (35:43)

"The evil plan besets none save its own authors."

8. You should co-operate with one another in constructive matters. Co-operate with each other in matters of benefit to humanity and in matters consistent with the Divine Laws, (5:2)

"is the Divine Commandment; and "Be with those who are veracious" (true to their commitments)." (9:119)

"Be with those who are true (in words and deed", is an emphatic commandment."

9. If one finds that another officer is handing out a wrong decision on account of his being ill-informed, he should convey to him correct information. This act shall be called SHAFAA'AT-E-HASANAH commendable intercession. (4:85)

"If somebody stands in support of another person in a matter just and equitable (commendable intercession) he shall also share pleasant results. On the contrary, if one helps another person in matters of injustice and transgression (called evil intercession) he shall share its disastrous consequences."

They shall neither take the side of those who are dishonest and betray the trust. (4:105)

"So be not (used) as an advocate by those who betray the trust, and never indulge in bribery", is Allah's Directive. The following verse is a comprehensive guide on the matter: (2:188)

"Do not eat up your property among yourselves by foul means, nor use it as a bait for the judges, with the intent that you may eat up wrongfully a part of (other) people's property, although you know its results."

10. Investigate all disputed matters yourself: never rely on hearsays: (17:36)

"And pursue not that of which you have no knowledge (i.e. of which you have not made an investigation or personal enquiry) collecting relevant information employing your faculties of hearing and seeing, and then make the knowledge thus obtained the basis of your decisions, so as to reach the correct conclusion. If a single link of this chain is missing, your enquiry shall remain defective. Think what a great responsibility lies upon you, because Allah Almighty has endowed you with the power of discretion and determination; He has not made you a constrained machine. For the use of your discretion He has bestowed on you the mediums of knowledge and ascertainment. The one who does not make use of them, tries to escape from his responsibility."

11. Achieve prevention of evil with the beauty and proportion of your deeds. The principle is: (23:96)

"Repel evil with that which is best."

12. If one does wrong by mistake and there is a possibility of his correction, he ought to be pardoned. Thus it is said: (6:54)

"If there is an omission or negligence on somebody's part, thereafter he repents and makes amends in future, he ought to be given protection and forgiveness by the organisation of the state."

If anybody's guilt demands the fulfillment of justice, the punishment should not exceed his crime. In this respect the principle is: (42:40)

"The recompense of an evil is punishment equal thereto".

13. They should exercise self-control (maintain their composure) and not get enraged easily: (3:133)

"To control tempers and to forgive others" has been called trait of the believers.

Self-restraint also implies talking in low and dulcet tones. (31:19)

"Soft talking and moderation in walk (gait) are the symbols of trustworthiness and solemnity."

During discussions they should not try to compel others to accept their version on the basis of their awe-inspiring presence as an officer; but (16:125)

"Argue with them in ways that are best and most gracious."

14. They should always fulfil their promise: (17:34)

"And fulfil (every) commitment, for (every) commitment will be enquired into on the Day of Reckoning."

15. They should not throw their responsibility on others. The principle is: (53:38)

"No bearer of burdens shall bear the burden of another." Everybody shall bear his own burden.

16. They should never wish to be praised for what they do not do. That is be not like those who like flattery and are thus the most dangerous enemies.

The way of hypocrites is described as: (3:187)

"They desire to be praised for what they do not do."
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Chapter # 4

Protection Of Property

a) To eat up 'one another's property' unlawfully is a crime: (2:188) "Do not eat up your property among yourselves unlawfully" has been ordained by Allah.

b) As regards the property of orphans, it has been said emphatically not to eat it up in a wrong way: (4:6) (Also 17:34 ; 6:153) "And provide proper nurturing to the orphans and keep monitoring as to how far their potentialities are developing, until they reach the age of marriage (or maturity) (6:153; 17:34; 40:67); if then you find maturity or intellect in them, release their property to them but, if they are not yet mature, do not consume it wastefully, nor in a haste against their growing up. As far as the protection of their property and the compensation for their upbringing is concerned, if the guardian is well off, let him claim no remuneration. But if he is indigent, let him take what is just and reasonable. When you release their property to them, take witnesses to the transfer. And while accounting for it, keep it in mind that you are presenting the account to Allah Almighty Who knows what is hidden as well as manifest."

c) The way the religious leaders eat up the property of the people is also a crime: (9:34) "O you who believe! There are indeed many among the priests and monks who, in falsehood, devour the substance of men and hinder them from the way of Allah Almighty (because if people started following the Divine Laws, their leadership would come to an end)."

As a matter of fact those (except the disabled) who eat up other's property without putting in labour, eat it up wrongly. The priests and monks are on the top of such list. They do not earn their livelihood by putting in labour but lead their life on what others earn. Next to the priestly class, on the list, are the Capitalists who on the basis of their wealth usurp the outcome of others' labour. Thus in the first part of verse (9:34) the priestly class is mentioned and in the later part the capitalists are mentioned . If you ponder over it deeply the priest-craft is the worst form of capitalism, because a capitalist, after all, spends something in order to increase his capital, but the priests eat up others' property without spending a penny, and thus the Holy Quran has ordained that it is an unlawful method of earning livelihood.

d) Do not obtain decision in your favour by means of bribery. The first part of the verse (2:188) has been described earlier, the complete verse is as follows: (2:188) "And do not eat up your property among yourselves wrongfully, nor use it as a bait for the judges (if the case lies with the court), with intent that you may eat up wrongfully a part of what rightfully belongs to others. You know what results it would produce."

e) Keep your measures and weights proper and just. Thus it has been said as a matter of principle: (6:152) also (17:35); (7:85) "Give measures and weights with full justice."

This has been explained further by saying: (83:1-3) "The result of wrongful business-mindedness and capitalist mentality can be nothing but destruction. People of such attitude, when they are on the receiving end, take by full measure, but when they have to give to others, they give short of weight. They take full work from the workers, but pay them less and themselves earn more. They not only deal with the property in this manner; their mentality remains the same even in evaluating humans in order to keep their potentialities suppressed so that their full growth is restrained and only allowed to develop so far as it is beneficial for the capitalist's interests, they do not permit them any more freedom."

f ) Easy Money (maisir) :

The term is commonly used for gambling, but it is a comprehensive term which includes all means of earning easy money. According to the Holy Quran, the loss inherent in such earning is more than the gain: (2:219) "O Rasool! They ask thee about khamr (psycho-active substances which put them in an altered state of mind) and maisir (acquiring easy money), tell them that the long-term adverse effects of both are far more than their temporary and short-term benefits." (5:90-91) "O you who believe! Intoxicants and gambling, dedication to stones and (divination by) arrows which have been described in (2:219) and (5:3) are abominations of Satan's handiwork, which suppress human faculties of intellect and vision; eschew such (abominations) so that they do not become an obstacle in the way of your success. If you become accustomed to such habits as wine and gambling, in order to satisfy your baser passions, (in addition to its bringing about your personal debility), it shall cause enmity and hatred amongst you and hinder you from the establishment of the system of 'Salaat' Will you not, then, abstain (after such a lucid explanation)."

The Holy Quran has not ordained the punishment for intoxicants and gambling, but it has been left for the Islamic State to determine them according to its own circumstance.

g) Raffle and lottery :

This is also included in easy money. The word divination by arrows in (5:90) and (5:3) means lottery.

2. Theft

The punishment for stealing is amputation of hands whether the thief is a man or a woman: (5:38) "Thief, may it be a male or a female, are both equally guilty; there is no discrimination in their punishment. However, a way should be devised in which the thieves themselves abstain from stealing, and which also becomes an obstacle in the way of violating the Divine Law; it means that it serves as a curative for the offender and as a preventive for others. But if you find that the matter has reached the extreme and the thefts have become rampant, the extreme punishment can be to cut off the thief's hand. Anyhow the aim is to check the crime, either by force or by planning; these are both included in the words.

But the following has also been said along with the above: (5:39) (As the objective is to check the crime, thus) "if the thief is repents after his crime and assures to mend his conduct, a provision has been made in the Divine Law, to protect such a person from punishment and deprivation from the common privileges of life".

This words not only mean amputation of hands, it also means (i) to inflict wounds on the hands (as you find in the story of Joseph in (13:31), or (ii) to cause obstruction in some working as for example (cutting the tongue) means to check from unnecessary talk. Even in (5:38) it has been called i.e. an obstruction caused by Allah Almighty Himself.

Note: The last note under the heading 'Murder' also applies to cases of theft, i.e. it shall be the responsibility of the Government to make good the loss by theft.

3. Loan

The dealings of giving or taking loan ought to be reduced to writing. The Holy Quran has provided guidance about the nature of writing and the way it should be written. [However, it is not required to put hand to hand transactions (over the counter transactions) into writing]:


1. It should be written by a scribe;

2. Loanee or his guardian should dictate;

3. There should be two male witnesses. If two males are not available, then one male and two females;

4. The scribe or witnesses should not be harmed in any way.

All these details are given in (2:282) which has been explained earlier.

(In our view these details come under 'directives' rather than under 'laws').

B. The loanee ought to be provided facility for the payment of loan; and if he is so poor that he is unable to pay back the loan, he ought to be excused for it. The relevant verse (2:280) shall appear under the heading 'Usury'.

4. Mortgage (Pledge)

In case the loan transaction is made during a journey and no scribe is available for writing, a pledge with possession (of some article that belongs to the loanee) is allowed. But in case the loanee is a reliable person, writing is not necessary. Thus it is said: (2:283) "If you are on a journey and cannot find a scribe, a pledge with possession may serve the purpose, but if trust exists between the parties, pledge is not necessary. (In case when neither the transaction has been reduced to writing, nor a pledge has been taken, then) the loanee should honestly and faithfully return the loan and thus exhibit his submission to the Divine Law."

5. Riba (Interest on loan)

As it shall be described under the heading 'economic system', according to the Holy Quran a return is only due on one's labour, not on capital. The return on capital is usury, be it in any form. The capital alone can only be paid back in place of capital and not any interest on it. In view of the importance of this issue, the verses pertaining to it shall be described in a sequence. To begin with look at the effects and the dangerous results of usury: (2:275) "On one side are the people who by cutting down their own needs to the minimum, fulfil the necessities of others (59:9), and on the other side are those who give loans to others but taking advantage of their indigence, take back more than what they had loaned.

The state of such people who have this mentality, is like the one who has been stung by a snake and is violently running about hither and thither (i.e. the greed for money sets fire in their chest which keeps them uneasy all the time). The reason, they produce for this act of theirs, is that usury (taking more than what they had spent) is like trade; there is no difference between the two. As in trade, a shopkeeper takes from the purchaser more than he had spent, similarly in usury the one who uses his capital for loaning, receives more than his principal amount. This is a lame excuse. In trade a man spends his capital and in addition to it he puts in labour. Thus anything surplus that he takes is not a profit on the capital, rather it is a return for his labour, and this is exactly the right way. On the contrary in usury where no labour is put in, it is only a surplus gain on money loaned by him, this is unlawful. (Remember the principle in this respect, that it is only the return of labour that is right (53:39) but to gain profit on other people's labour simply by investing capital alone, is unlawful. This is what is called 'Riba' (or interest).

But anybody who, after receiving this Divine Commandment, puts an end to his earlier ways, then that which he has received earlier belongs to him and according to the Divine Law he shall not be called to account. But those who do not desist from their previous practice and persist in such dealings, these are the people whose deeds shall meet destruction; they will find no way out of the chastisement."

After the above description let us take up the comparison between usury and deeds of charity: (2:276) "Remember! that what a man thinks, increases his capital, in fact, it deprives him of all blessings, and it causes destruction not only to himself but also to his nation. On the contrary whatever he spends for the nourishment of others and which appears to decrease his wealth, in fact, not only provides nourishment to himself but also provides means of nourishment to his nation.

In usury it becomes a common mentality to keep the necessaries of sustenance hidden from others, so that the people always remain needy and compelled to take loans and those who extend loans, on the other hand keep enjoying the benefits on the produce of those who put in actual labour and hard work.

This paralyses man's productive energies and he becomes incapacitated to keep progressing further in life. Hence a capitalist society is doomed to destruction."

At another place it is stated: (30:39) "That which you lend out to others so that you can recover something over and above your principal amount, you may, as per your trading norms, receive some profit, but according to the Divine Law it is not an increase. This appears to be an increase in your assets because you make the calculations on the basis of your personal gains, but if you think over it, keeping in view the benefit of humanity, you shall find that it is indeed no increase. On the contrary whatever you spend for the nourishment of others, without an intent for your personal gain or compensation, but with the intent of bringing your life in consonance with the Divine Laws, then you shall really make an increase in your wealth. (2:275-276; 3:129; 74:6)."

After declaring usury unlawful, previous transactions of the kind are explained: (2:278) "O you who believe! Stay conscious of the Divine Laws and guard them and what remains due against the loans, write them off, if you are indeed Mu'mineen (believers)."

Here writing off' the outstanding balances due against loanees has been laid down as a prerequisite to one's Eemaan (belief). Following this it has been stated that those who do not do this: (2:279) "If you are not prepared to do it, consider it an ultimatum (of war) from the Divine System (Allah Almighty and His Rasool) and be prepared for it (because the Divine System is an open enemy of capitalism and there can be no compromise between the two on this issue). But if you retract from this practice of yours, you will be allowed to recover your principle sums, so that you neither commit an excess on the loanees, nor are you dealt with unjustly."

From above the severity of this crime (usury) can be perceived. Here the usury has been declared as a rebellion against the Islamic order and the two are declared incompatibilities that cannot exist together. After this it is said: (2:280) "If the debtor is in difficulty, grant him time till it is easy for him to repay. But if you forgive it completely it would be an act of benevolence on your part if you comprehend with farsightedness what great collective benefits it contains."

A verse of Surah 'al-e-Imraan' (3rd Chapter of the Quran) deserves particular attention where it has been said that: (3:129-130) In this verse as stated above the usual translation of the words is taken as doubled and multiplied and from this compound interest is inferred. This inference is against the basic teachings of the Holy Quran. As a matter of fact, it means that an increase on the capital alone is unlawful, be it in any form. One who provides loan can only take back his principal sum and nothing more than that. Thus the verse (3:129-130) actually means:

"O you who believe! Usury plays the main role in causing collapse of a social system (i.e., to gain profit on the capital alone). People think that it increases wealth. Individually it seems so, but in reality it weakens the economic system and reduces national wealth. Thus O believers! Never adopt this capitalistic system of usury; always keep in mind the Divine Laws, that is the only way to success. If you, instead of increasing the wealth by putting in hard labour, take to exploitation of the produce of the worker, you will be doomed to the fire of destruction like those who reject the Divine System."

The Holy Quran says that one of the causes which brought about the destruction of the Jews was the system of usury. Thus it has been said in Surah An-Nisa (4th Chapter of the Quran): (4:160-161) "It was the result of such of their excesses and insurrection that the pleasantries which were lawful for them, were ordained as unlawful as a punishment (6:147). The list of their crimes is very long but briefly stating these people always put hindrances in the way of enforcement of Divine Order which is a path of bringing beneficence to humanity; they, instead of helping the indigent, exploited their needs; while giving loans to them they took back more than what they had spent (charged interest on their capital) although they were prohibited to do so, and thus they used these tactics and others in order to eat up other people's property by foul means; they do the same even now. These are the crimes which are the cause of their miserable suffering."

According to the above definition of usury, sleeping partnership in business known as mudarabat, or giving land on sharing contract known as are all included in usury.

6. Trade (Selling)

a) Usury is unlawful and trade is lawful as has already been explained under the verse (2:275). At yet another place it is said: (4:29-30) "O you who believe! Eat not up your assets amongst yourselves unlawfully. In social living there is exchange of necessities (called trading). This should be conducted through mutual agreement. Under this principle everybody shall get the return of his labour (54:39), not that one exploits the other by virtue of his capital (2:275). If you do so, you are destined to face destruction. Allah Almighty wants everyone of you to get his part of the nourishment, as such an economic system wherein this objective is lost, cannot be a just system.

After such a clear emphasis, any nation that conducts its dealings in a manner that every individual aims at causing reduction in other people's rights and as such transgresses his limits, is doomed to a speedy destruction. Any system established against the universal beneficence, contains inherent means of its destruction."

b) Hand to hand trading transactions need not be reduced to writing (2:282)

Note: We have seen above under the heading 'Usury' that the return is only justified against labour and not against capital. As such the profit in trade should not exceed the labour put in by the trader. It is for the Islamic Order to enforce the requisite guidelines.)

7. Breach of Trust

a) Render back the trusts to whom they are due: (4:58)

b) Betray not the trusts; it also includes the trusts of the government which include all the responsibilities entrusted to you by the state, or the secret affairs which you have known on account of your being the members of the state organisation. Thus it is said: (8:27) "O you who believe! Betray not either the Divine Order (Allah Almighty and His Rasool) or the trusts reposed in you. You know what shall be the result of such betrayal (4:58)."

c) Do not plead the cause of the cheats (those who betray the trusts). It has been described in detail as under: (4:105-109) "(O Rasool)! We have sent down to you the Book (code of laws) so that you may judge the disputed affairs of men according to the knowledge with which Allah Almighty has provided you. And be not one advocating the cause of the dishonest.

The matter of 'awarding judgements' between people is the grave responsibility of government and justice is a very sensitive affair; (human inclinations do tend to affect these decisions). One can escape this situation only if one remains conscious of the Divine Law and keeps seeking its protection. The Divine Law is fully equipped with means to provide such protection and nurture.

Again take note of it that you must not become an advocate on behalf of those people who betray each other or their own selves; one who betrays the trust, thinks that one has gained something but, on the other hand, it creates such a debility in his personal character that his human capabilities become infirm. (That is what it means, when we say that he betrays himself). How can the Divine Law approve of such people?

These people think that they can hide their crimes from others, but how can these remain hidden from Allah, Who watches over them even when they secretly counsel by night in matters that He will not approve. Allah's Law of Requital encompasses all human actions (40:19).

Remember! Allah's Law of Requital is not such as it concerns only this world and if one arranges to get himself acquitted from the grip of law by foul means, he is still not acquitted of its accountability. Every human action leaves its imprint on the human 'Self' (17:14); and his 'Self' does not end with physical death _ it goes on to the life Hereafter. As such the results of human action also appear after death. Therefore if you contend on behalf of such persons or even get them acquitted from the grip of law by telling lies, say who will contend with Allah Almighty on their behalf on the Day of Judgment and who will be able to become their advocate"

d) The believers pay special attention to their trusts and covenants: (23:8) and (70:8)
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