Articles

Religion and Sharia
Author : Dr. Jadallah Bassam
Date Added : 30-01-2024

Religion and Sharia

 

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

"The Deen/Religion" with a short vowel on the "D" refers to divine rulings that guide humans towards happiness. It is named "Deen" because it is the means by which individuals are rewarded or punished in the afterlife. This concept is vital and significant, influencing human life and remaining an essential societal need. Therefore, countries, institutions, and individuals need to incorporate it into their laws, priorities, and plans. It cannot be ignored, as it is inherent in human nature, a natural disposition created by Allah, and it aligns with sound reasoning and solid evidence. This is particularly true when the religion encompasses a comprehensive legal framework covering various aspects of life, including worship, transactions, and ethics.

 

In the precise sense, scholars like Al-Fakhr al-Razi have defined religion as a "divine constitution that guides people of intellect towards virtues through their praiseworthy choices." This notion is reiterated in various expressions, such as Sharif al-Jurjani's statement: "Religion is a divine constitution that invites people of intellect to accept what is with the Prophet Mohammad, peace be upon him." Similarly, they say, "Religion, in terminology, is a celestial law guiding people of intellect toward virtues in essence, such as the legal rulings revealed to the Prophet Mohammad, peace be upon him." The underlying idea is that religion consists of a set of rulings and teachings from God, which, when pondered upon by those of sound intellect, lead them to recognize their validity and the necessity of adhering to them. The ultimate goal of these rulings is to bring happiness to humanity.

 

Discussions about the concept of religion have arisen in both ancient and contemporary philosophical debates. These discussions have explored the meaning, origin, evolution, and the extent of religion's intertwining with human life. Scholars have debated the comprehensiveness of its rulings, leading to the classification of religion into various types. Philosophers, for example, have described it as civil religion, natural religion, the religion of philosophers, or the religion of the ancients. Some philosophers have even denied the validity of religion altogether, considering it a cause of backwardness. Others have gone so far as to invent, synthesize, or distort religions, viewing religion as a human, earthly creation.

 

Whatever the case may be, our focus in this article is to clarify an important issue from the perspective of the Islamic creed: "The Religion before God is Islam (submission to His Will): " [Al-Emran, 19]. The point emphasized here is that religion in Islam is not a matter of personal desires or whims, nor is it subject to human experiments, societal evaluations, or individual opinions. Rather, it consists of divine judgments and teachings with an absolute source.

 

One of the characteristics of these divine judgments is that they align with reason and do not contradict it. Indeed, those endowed with reason find themselves naturally inclined towards these judgments when they understand them. The result of this inclination is the attainment of goodness for the adherent, leading to complete happiness. This happiness encompasses both the worldly and the hereafter, as emphasized by the Quran. Allah, the Most High, says {What means}: " And those who are blessed shall be in the Garden: They will dwell therein for all the time that the heavens and the earth endure, except as thy Lord willeth: a gift without break." [Hud, 108]. Additionally, it is narrated that the Prophet Muhammad (peace be upon him) supplicated, "...O Allah, I ask You for success in judgment, and [to be] among the martyrs, and to live a life of the fortunate." [Sunan At-Tirmidhi].

 

If we contemplate this concept in its principles and objectives, we find that by adhering to Islam and its teachings, we strive for complete happiness. In the religion of Islam and its laws, there is no conflict between male and female, father and mother, father and son or daughter, ruler and ruled, or between the rich and the poor. There is no contradiction between duties, and no preference is given to any individual over another among the children of Adam. Instead, everyone is equal in the eyes of this upright religion, and dignity is accorded to all based on the fundamental principle. Allah, the Most High, says {What means}: "And We have certainly honored the children of Adam." [Al-Isra, 70].

 

Afterwards, people vary based on what Allah has entrusted them with in terms of abilities, capacities, and readiness to bear the responsibility of the divine commandments. Allah, the Most High, says {What means}: " We did indeed offer the Trust to the Heavens and the Earth and the Mountains; but they refused to undertake it, being afraid thereof: but man undertook it;- He was indeed unjust and foolish;-." [Al-Ahzab, 72]. Moreover, the variation among people is functional, depending on their constitution, nature, and abilities. However, fundamentally, the address is directed to every individual, regardless of differences in classes, colors, nationalities, or races. Whoever does good and carries out the trust as it deserves has done good for themselves, and whoever does evil has wronged themselves.

 

Delving into the concept of religion, as we have mentioned, leads us to the pinnacle of the religious perfection that takes into consideration humanity in the most complete sense. It neither unjustly equates individuals through a forced equality that some advocate, nor neglects them, leaving them adrift without divine guidance. Rather, it strikes a balance, embodying a system filled with wisdom, mercy, and justice, guiding towards goodness.

 

Finally, we must fully understand these realities. Such understanding is sufficient to fortify us against a significant influx of contemporary doubts that may undermine our intellectual and societal security, jeopardizing natural relationships between people and even within oneself. After grasping these principles, we should take a decisive stance on the issue of religion: to adhere to it. As narrated from the Prophet Muhammad (peace be upon him), "None of you believes until his desires conform to what I have brought." We ask Allah for continuous blessings and a good ending. All praise is due to Allah, the Lord of all worlds.

 

 

 

 

 

 

 

 

 

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Summarized Fatawaa

What is the ruling on doubting whether one or two prostrations were performed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a worshiper is in doubt regarding the number of units (rak'ahs) or prostrations (sajdahs) performed, he must build upon the minimum (i.e., assume the lower number) and perform the prostration of forgetfulness (Sujud al-Sahw) before the Salam at the end of the prayer. This is based on the report from ‘Ata’ ibn Yasar that the Messenger of Allah ﷺ said: 'When anyone of you is in doubt about his Salat (prayer) and does not know how many he has prayed, three or four (Rak'at) he should cast aside his doubt and base his prayer on what he is sure of. Then, he should perform two prostrations before Taslim (salutation). If he has prayed five Rak'at, they will make his Salat (prayer) an even number for him and if he has prayed exactly four, they (i.e. two prostrations) will be humiliation for the devil..' (Narrated by Abu Dawud).
 
It is stated in Al-Muqaddimah al-Hadramiyyah: 'If one doubts [whether he performed] a bowing (ruku’), a prostration, or a rak'ah, he must perform it and prostrate [for forgetfulness], even if the doubt is removed before the Salam—unless the doubt is removed before he performs what would potentially be an addition. Thus, if he doubts whether he prayed three or four, he is obligated to build upon the minimum.' And Allah the Exalted knows best.

What is the ruling on one who vowed not to speak to a certain person, then forgot his vow and spoke to him?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Whoever swears an oath or makes a vow to abstain from something has a choice: if he wishes, he may keep to his vow, or if he wishes, he may offer the expiation of an oath (kaffārat yamīn). The Prophet (peace and blessings be upon him) said: “The expiation for a vow is the expiation for an oath.” Narrated by Muslim. This type of vow is called a nadhr al-lajāj (a vow made in stubbornness or anger).
If a person makes a vow and then forgets it, nothing is due from him, for forgetfulness is among the excuses that lift legal responsibility (taklīf) from a Muslim. This is based on the saying of the Prophet (peace and blessings be upon him): “Actions are judged only by intentions, and every person will have only what he intended.” [Narrated by al-Bukhārī]. There is no intention for the one who forgets or errs. It is also based on the report: “Indeed, Allah has pardoned for my Ummah mistakes, forgetfulness, and what they are compelled to do.” Narrated by Ibn Mājah and others, and graded authentic by Ibn Ḥibbān and al-Ḥākim.
It is stated in ʿUmdat al-Sālik (p. 243), one of the books of the Shāfiʿī school: “Whoever swears, [for example], ‘I will not enter the house,’ and then enters it forgetfully, ignorantly, under compulsion, or being carried, he does not break his oath.” And Allah Almighty knows best.

What is the ruling on wiping the head during ablution from behind a barrier like a headscarf (hijab)?

The obligation in ablution is to wipe some of the head; it is not a condition to wipe all of it. As for one who has a turban or headscarf on their head, it is permissible for them to wipe over it after wiping a part of their head in any place. This is easily done at the front of the head. This means the woman begins by wiping the front of her head from under the headscarf, then completes the wiping to the back of the head from over the headscarf. If the woman wipes over the headscarf on her head and the moisture reaches the scalp or some hair within the boundaries of the head, it suffices for wiping the head. And Allah the Almighty knows best.

What is the ruling of Islamic Law on continuity (muwalah) in the ritual bath?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Continuity (muwālāh) means washing each part of the body immediately after the previous one, without leaving a gap long enough for the first part to dry before the second is washed. According to the Shāfiʿī school, continuity is a recommended act (sunnah) in both the ritual bath (ghusl) and ablution (wuḍūʾ) — it is not obligatory.
It is stated in Nihāyat al-Muḥtāj ilā Sharḥ al-Minhāj: "Likewise, continuity in the ritual bath is recommended, just as it is in ablution."
Accordingly, continuity in the ritual bath is a sunnah. And Allah the Almighty knows best.