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Realism of Islamic Legislation
Author : Dr. Hassan Abu_Arqoub
Date Added : 09-03-2016

 

 

Realism of Islamic Legislation and its Different Aspects

 

All perfect praise be to Allah, The Lord of The Worlds; and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

Realism of Islamic legislation means: "Observing the reality present in legislation and addressing its issues." [Introduction to Sharia and Fiqh, pp.110, Al-Qaradawi].

 

In each of its divisions, Islamic legislation is realistic since it is neither imaginary nor idealistic; rather, it copes with the nature of man whom Allah has entrusted with delivering the message of Islam.

 

This realistic nature is among the reasons that drove people to accept Islamic legislation, and it guaranteed its continuity and eligibility for every time and place.

 

The gradual legislation of provisions is one aspect of realism in Islamic legislation, which was revealed while the Arabs were following customs that it didn`t approve of. However, it didn`t ban them from those customs all at once so that they don`t turn away from it; therefore, they were prohibited gradually. This led them to accept this change in custom and behavior and become more inclined to adhere to Sharia without adamancy or hardship, [Introduction to Islamic Fiqh, pp.15, Madkour].

 

For example, wine, which the Arabs adored, was prohibited on gradual basis. The following verse was revealed in Makkah, it states (What means): "And from the fruit of the date-palm and the vine, ye get out wholesome drink and food: behold, in this also is a sign for those who are wise." [An`nahil/67]. As a result, Muslims used to drink it and it was permissible for them to do so.

 

Afterwards, the following verse was revealed, it states (What means): "They ask thee concerning wine and gambling. Say: "In them is great sin, and some profit, for men; but the sin is greater than the profit." [Al-Baqarah/219]. As a result, some drank it, but others didn`t. After that, the following verse was revealed, it Says (What means): "O ye who believe! Approach not prayers with a mind befogged, until ye can understand all that ye say,- " [An-Nisa/43].

 

As a result, the number of drinkers decreased. Finally, the following verse was revealed, declaring that wine is prohibited as it Says (What means): "O ye who believe! Intoxicants and gambling, (dedication of) stones, and (divination by) arrows, are an abomination, - of Satan’s handwork: eschew such (abomination), that ye may prosper. Satan’s plan is (but) to excite enmity and hatred between you, with intoxicants and gambling, and hinder you from the remembrance of Allah, and from prayer: will ye not then abstain?" [Al-Mai`da/90-91].

 

After the revealation of the above verse, Omar Ibn Al-Khattab (May Allah Be Pleased with him) said: "Ooh Allah, sure we abstained." [Mafatih Al-Ghayb vol.6/pp.395].

 

Another aspect of realism in Islamic legislation is lifting religious difficulties because among the principles of legislation is that the responsible Muslim should be capable of performing the religious duties required from him, at first. However, when hardship arises from performing some of these duties, the Lawgiver enjoys the authority to lift them. Allah, The Almighty, Said (What means): "and has imposed no difficulties on you in religion." [Al-Hajj/78].

 

Al-Imam Ashatibi said: "Evidence supporting relieving the Muslim nation from the religious difficulties is conclusive." [Almowafakat Fi Osool Al-Sharia, vol.1/pp.213, Ash-shatibi].

 

Moreover, Islamic legislation draws up general rules for most transactions. For instance, most texts pertaining to the provisions governing different transactions are general, taking into consideration the change in people`s interests due to changes in time and place. However, religious texts (Quran and Sunna) introduced the general rules and left the details to the Ijtihad (Independent reasoning) of the scholars to address any new or sudden issues. For instance, forbidding Riba (Usury), cheating, eating up people`s property unjustly and the like.

 

In conclusion, realism is among the characteristics of Islamic legislation, and it has been manifested in three key aspects: gradualism, mitigation, lifting difficulties in religious duties, and drawing up general rules on various transactions. Being realistic in legislations and rulings (Lawful or unlawful) makes Islamic Sharia a blessing that Allah has bestowed upon Muslims because it aims to lead them to the path of righteousness to win His pleasure and enter paradise; therefore, we should be thankful to Allah and adhere to His Sharia in our word and deed.

 

And All praise be to Allah, The Lord of The Worlds and may His Blessings and Peace be upon our Prophet Mohammad and upon all his family and companions. 

 

The published article reflects the opinion of its author

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Summarized Fatawaa

I can`t afford to get married, what should I do to curb my sexual drives?

You should offer a lot of voluntary fasting, keep busy with useful and permissible acts and make supplication to Allah, The Exalted.

What is the ruling of Islamic Law regarding one who purchases a sacrificial animal (uḍḥiyah) and it then develops a defect before slaughter?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a defect that invalidates the sacrifice (uḍḥiyah) arises after its purchase — for example, if one purchased a sound, defect-free animal, and it then developed a limp, blindness in one eye, or a similar defect before slaughter — it does not fulfill the requirement of a valid uḍḥiyah, according to the Shāfi'ī school.
It is stated in Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib (Vol.1/P.535): "Even if the limp develops [in the animal] while the knife is upon it, it still does not fulfill the requirement, because it is lame at the moment of slaughter — this is analogous to a case where a sheep's leg breaks and one hastens to slaughter it [in that condition]."
The Ḥanbalī school, however, held that if the one offering the sacrifice purchased the animal while it was sound and defect-free, and a defect then befell it afterward, the sacrifice remains valid and there is no obligation to replace it.
It is stated in Masā'il al-Imām Aḥmad, one of the Ḥanbalī reference works (Vol.8/P.4021): "I said: If a person purchases the sacrificial animal while it is sound, and it is then afflicted with illness, blindness in one eye, or a broken limb [before slaughter]? He [Imam Aḥmad] said: It is said that it still fulfills the requirement. Isḥāq said likewise, because he purchased it while sound, and the defect befell it only afterward, so it remains sufficient on his behalf." [End of quote]
Accordingly, a sheep afflicted with a defect that invalidates the sacrifice does not fulfill the requirement of a valid uḍḥiyah — whether the defect arose after purchase or during the slaughter itself — according to the Shāfi'ī school. However, there is no objection to following the Ḥanbalī position on this matter [as a valid alternative]. And Allah, the Most High, knows best.

Does tooth extraction during the day in Ramadan break the fast?

Simply extracting a tooth during the day in Ramadan does not break the fast. However, if water or blood enters the body cavity, the fast becomes invalid.
Whoever's fast is invalidated in this way must refrain from eating and drinking for the rest of the day out of respect for the sacred month and make up for that day later.
It is preferable to postpone the extraction until nighttime or after Ramadan if possible.

Is it permissible to offer an Udhiyah on behalf of the deceased?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Offering an Udhiyah (sacrificial animal) on behalf of a deceased person is permissible. This is the official position of the Hanbali school (as stated in Kashshaf al-Qina’ by al-Bahuti,Vol.6/P.428) and was also upheld by the prominent Shafi'i scholar Al-’Abbadi (mentioned in Bidayat al-Muhtaj by Ibn Qadi Shuhbah,Vol. 4/P.358). It has likewise been narrated as a valid view among some Maliki and Hanafi scholars.
 
In fact, Imam Abu Dawud dedicated an entire chapter in his Sunan collection entitled, "Chapter on Sacrificing on Behalf of the Deceased." In it, he recorded a narration from Hanash, who said: "I saw 'Ali sacrificing two rams, so I asked him, 'What is this?' He replied, 'The Messenger of Allah (peace and blessings be upon him) commanded me to offer a sacrifice on his behalf, so I am sacrificing on his behalf.'"
 
Imam Abu Dawud also narrated from Jabir (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said: "O Allah, this is from You, for You, and on behalf of Muhammad and his Ummah (community). In the Name of Allah, and Allah is the Greatest," and he then slaughtered the animal.
 
The textual evidence here lies in the fact that our Master, the Prophet (peace and blessings be upon him), offered a sacrifice on behalf of his entire community—and it is well-established that his community includes those who have already passed away.
 
Furthermore, there is an abundance of sacred texts demonstrating that the rewards of righteous deeds reach the deceased. For instance, it is permissible to fast on behalf of a deceased person who passed away with missed obligatory fasts, and it is equally permissible to perform Hajj on their behalf, both of which are firmly established in authentic Hadiths. Therefore, if the reward of fasting (which is a purely physical act of worship) and Hajj (which is a joint physical and financial act of worship) can reach the deceased, then the reward of an Udhiyah reaches them with greater reason (by way of A Fortiori argument). This is because it is a purely financial act of worship, falling under the general category of charity (Sadaqah).
 
Additionally, scholars have reached a consensus (Ijma') that the rewards of charity reach the deceased, and since the Udhiyah is inherently an act of charity, it falls under the same ruling. Consequently, based on all the aforementioned evidence, we hold the view that offering a sacrifice on behalf of the deceased is entirely permissible. And Allah the Almighty Knows Best.

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