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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

A person prays in a certain spot within the rows of the mosque, and gets angry if someone else prayed at his spot. What is the ruling on this behavior?

All Perfect Praise be to Allah The Lord of The Worlds and may His Peace and blessings be upon our Prophet Muhammad and upon all of his family and companions                                                                                                                                                                                                                              Prophet Mohammad (PBUH) make it prohibited for a Muslim from having/taking a certain spot in the mosque when performing prayers if they arrived and find it occupied, furthermore; it is the religious duty on others (praying people) to offer a piece of advice to alert the ones who don't know, that whoever reaches a spot first at the mosque having a priority/privilege upon others in that spot. And Allah Knows Best.

A pious man proposed to me and my father was hesitant in this regard because he is black, am I sinful if I accepted his proposal?

If the suitor is pious, color isn`t a drawback. However, try talking to your father kindly, so that he approves of your marriage with contentment, and that is better for you.

A pregnant woman has iron deficiency. When she showers, she becomes very tired and feels cold. What is the ruling on tayammum in this situation?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
One should not resort to tayammum (dry ablution) as a substitute for the obligatory ghusl (ritual bathing) so long as it remains possible to use water — for example, by heating the water, warming the place where the bathing takes place, or taking other similar precautions. However, if such measures prove ineffective, or are simply not possible to carry out, and performing ghusl [with cold water] would result in severe harm, then tayammum becomes permissible in that case, due to genuine inability to use water on account of the harm that would result, as described in the question. That said, she must make up (qaḍā') the prayers she performed using this tayammum.
It is stated in Bushrā al-Karīm: "One should not perform tayammum on account of cold unless warming the limbs fails to remove the aforementioned harm, and no means are available to heat the water — such as a vessel, firewood, or fire — and one fears [that using cold water would result in] any of the harms mentioned earlier in the discussion on illness: danger to life, loss of function in a limb, the onset or worsening of an illness, delayed recovery, or the [visible bodily] blemish mentioned in that discussion on illness. In such a case, tayammum becomes permissible due to the harm involved, but the prayer must still be made up afterward (qaḍā'). If, however, warming the body proves effective, or the means to heat the water are available, or none of the aforementioned harms are feared — then tayammum is not permissible, even if using the water causes some degree of discomfort or pain, since mere discomfort alone does not permit resorting to tayammum." And Allah, the Exalted, knows best.

What is the ruling on the follower (*maʾmūm*) reciting Sūrat al-Fātiḥah behind the imam?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
In our school of Islamic thought, the Shāfiʿī school, reciting al-Fātiḥah is obligatory in every rakʿah of the prayer for the imam, the follower (maʾmūm), and the one praying individually (munfarid), because it is one of the pillars (arkān) of the prayer. Whoever does not perform it, his prayer is invalid, whether the prayer is silent (sirriyyah) or audible (jahriyyah), based on the saying of the Prophet (peace and blessings be upon him): “The prayer of the one who does not recite the Opening of the Book (Fātiḥat al-Kitāb) is invalid.” Agreed upon.
It is stated in ʿUmdat al-Sālik, one of the books of the Shāfiʿī school: “He recites al-Fātiḥah in every rakʿah, whether he is the imam, the follower, or the individual worshipper.”
The jurists of the other schools hold a different opinion, which was previously explained in Fatwa no. (3169); please refer to it. And Allah Almighty knows best.

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