Shariah is the complete code of the Islamic law which pertains to the rights and duties of the Muslim. It regulates the lives of the people. It is comprehensive and includes from the minority details about eating, drinking, and clothing up to the complete system of Islamic.
The word Shariah, it literally means “the clear path to follow”. The Islamic shariah that is derived from four sources. The first source is the glorious Qur’an which is the last and final revelation of Allah which for revealed for the last and final messenger prophet Muhammad(pbuh).the glorious Qur’an is the word of Allah and it is also called as the Furqan;the criteria to judge right from wrong. The glorious Qur’an was revealed by Allah to Prophet Muhammad (pbuh) through arch angel Gabriel 1400 years ago and was revealed in his man approximately 23 years. It contains 114 suras or chapters and more than 6000 Ayath (signs) or verses.
The glorious Qur’an was revealed in Arabic. But many scholars have translated the glories Qur’an; the word of Allah, in to all most, all major languages of the world. The word of Allah is highest and first source of the Shariah.
The second source is the Sunnah; means “the way of the Prophet (pbuh) or the doings of the Prophet (pbuh). According to the shahih hadises; the authentic sayings of the Prophet (pbuh). The Sunnah; all authentic hadises are supplementary to the qur’an.they act as a commentary to the Qur’an.it gives explanation to the verses of the Qur’an. In the Sunnah, the commandments of the Prophet (pbuh) come on top, and then come his actions. Allah says in the glorious Qur’an in several places including Surah An-Nisa.
“Obey Allah and obey the messenger, and those charged with authority among you. If you differ in anything amongst yourselves, refer it to Allah and his messenger...”
[The Holly Qur’an, English translation of the meanings and commentary, the presidency of Islamic researches, IFTA, Surah 04. Al Nisa, verse No.59.]
Obey the messenger means obey the Sunnah; the authentic sayings of the Prophet (pbuh). The Prophet says that “first looks in the Qur’an, then look in my example, in a scenes and then if you want more details, looks in to next generation, then the next generation, then the next generation” [Sahih Al-Muslim, Vol.04, the book of shahabah, chap.52.hadise No.210.] If you want to find more details about the life of the Prophet (pbuh) how he led. the best peoples who understood this sayings of the Prophet(pbuh) was companions (shahabas).those who live with Prophet(pbuh), those who saw the Prophet(pbuh), those who died in the state of Eman (faith).then comes the next generation that the kin, then comes the next generation that the kin. So, if we want to understand the hadises, much better, if there are different opinions have to look life style of the salbus’shaliheen which is three generations. Therefore, Sunnah of the prophet (pbuh); authentic hadises is the second source of the Shariah.
The third source is the Ijma that is the consensus of opinions or the agreement of the opinions of the companions (shahabas) of the Prophet (pbuh), followed by the companions of salbus’shaliheens, and followed by the consensus or opinions of the salbus’shaliheens and the consensus or opinions of Muslim jurists of the first three century of Hijrah. If can not find the answer in the glorious Qur’an or can not find any opinions in the glorious Qur’an, then look in the sunnah of the Prophet-in authentic hadises. If do not find it there, then go to the third source that is the Ijma; the consensus of opinions.
The fourth source is the Qiyas that means “to judge (and come closer), if do not find and direct indication in the glorious Qur’an or in the Sunnah of the Prophet or in the Ijma, then can be used own logic to try and find out the answer based on the other verses of the glorious Qur’an or Hadises of the Prophet or the Ijma, using analogic. If there is no direct indication about particular things, then should look in to other verses of the glorious Qur’an and Hadises of the Prophet or the Ijma and try and find a relevant answer by using analogic.this can be used in Islamic state where proper Islamic Shariah scholars. Thus basically, there are four sources for the Shariah:
- Highest authority is the glorious Qur’an, the word of Allah.
- Sunnah of the Prophet, authentic Hadises.
- Ijma; the consensus of opinions.
- Qiyas, using analogic.
The Islamic shariah is a complete code of conducts. It gives a person complete way of life, how life should be led. But unfortunately we find in the media and many critics for the Islam “the present Shariah is barbaric. Most of the allegation regarding Shariah revolve around two aspects; punishment in Islam and second is the women in Islam that they are subjugated. These two are the main factors, the critics of Islam.
The first as the mentioned, the most of the western writer’s critic about Islam and they attack because of the way of punishment that in Islamic law the punishment is barbaric. Islam is complete way of life and compare to other way of life. Most of the other religions if we analyze these are good things including Islam. For example, all the major religions of the world that tell us “should not rob”. Hinduism says “should not rob”. Christianity says “should not rob”, Islam says “should not rob”. But the word is different between Islam and other religions in telling way of life is that Islam besides speaking good things its chose a way how to achieve that take of goodness.
In Islamic Shariah, we had third pillar of the Islam as Zakat [Sahih Al-Bukhary, Vol.02, book of Zakat, hadise No.24, further more Sahih Al-Bukhari,Vol.2,the book of Zakat-al-fitr ,page No.339] that is, every rich persons who are the saving of more than nisab level (85grames of gold), he or she should give 2.5 per cent of that saving every lunar year charity. If every rich human being gives charity poverty will be eradicated from the world. There will be not single human being who dies of hunger. Allah says in the glorious Qur’an that;
“Belongs to Allah, - to his messenger, and to kindred and ophans, the needy and the way farer; in order that it may not make a circuit between the wealthy among you”. [Surah 59. Al-Hashr, verse No.07]
So, obligating charity is the part of Islamic sharaih.all those who are rich ,saving more than 85 grams of gold, should give 2.5 per cent of the saving every lunar year charity. After that Allah says that should not rob. If suppose some one rob, Allah says in the glorious Qur’an;
“As to the thief, male or female, cut off his or her hands: a retribution for their deed and exemplary punishment from Allah, and Allah is exalted in power, full of wisdom”. [Surah 05.Al-Maidah,verse No.38]
Many peoples listened and asking that chopping off the hand in this age of modern science and technology? Thus the Islamic sharia is barbaric. It is ruthless faith. And many peoples think and imagine that is if they go to Saudi Arabia Saudi Arabia
Today America America America
People may argue, the think, if we implement, then thousands of people robbing in America.so, do you means to chop off thousands of people? The moment if implement and implement the law couple of people, all the rest. Allah willing to stop the robbing. Now they know if they arrested then we can bribe and we want to be got single of punishment. The moment punishment is severe, a person will think before robbing and immediately the rates will come down.
Many people failed to realize that the Islamic Shariah is complete, is perfect. That does not mean poor man robs bread because of his hungrey, his hand should be chopped off. If a poor man robs because his hungry it’s the duty of the state. The Islamic state to provide food to him. Why did he have robbed for food? It is the duty of people (Um’mah) to sequate that the neighbors do not have hungry. But nature, this punishment has its rules and regulations. The only if laws have particular big amount etc.then it’s implemented. The question of a person robbing food should not arise in Islamic state. That is the reason, the lease state of robbery in any part of the world it’s a Saudi Arabia
This for the example of the punishment and the logic behind this punishment. Thus people who worrying that hand will be chopped off. The moment if implement the law, the punishment need not be implemented. It may be implemented once in the blue moon.
There the point, which may top faults in Islam. Mainly are about women rights in Islam. This article will not permit to talk about whole the allegation regarding women rights in Islam. In short these critics, they say that the women in Islam they are subjugated; they do not have their rights, they are unequal. In Islam, the men and the women are equal. But equality does not mean identically. They equal but they are not identical. Allah is our creator has mad the men and the women biologically different, physiologically different, psychologically different. So depending upon biological make up, physiological make up, psychological make up.
Allah has given different rolls for the men and the women of many aspects. If we analyze men and women in the equal, in some aspects women have a degree of advantage; in some aspects men have a degree of advantage. But whole, they are equal. For an example, which is in examination two students, student ‘A’ and student ‘B’ both come on first. If we analyze the answer sheet that there ten question each carrying ten marks. In answer to question No.01 student A gets eight out of ten and student B gets sign out of ten. So in answer to question No.01 student A has degree of advantage over student B’.in answer to question No.02 student B gets eight out of ten and student A gets sign out of ten. So in answer to question No.02 student B has degree of advantage over student A. and all the remaining eight answers both gets eight out of ten. So if we adopt both get seventy two out of hundred, all are equal. But in answer to the question No.01 and No.02 both they have a degree of advantage one to another vise versa.
Similarly, the men and the women in Islam over the entire equal. In some aspects the women have a degree of advantage; in some aspects the men have a degree of advantage. Beloved Prophet (pbuh) it’s mentioned;
“Once a person approaches the Prophet and asked him who deserves the maximum level love and companionship in the world? Prophet says” your mother”. The man asked “after that too?” The Prophet repeated “your mother”. The man asked “after that too?” The Prophet again repeated “your mother”. The man asked “after that too?” then the Prophet said “your father”.[Sahih Al-Bukhari, Vol.08, the book of Adhab, Chap.02.Hadise no.02.]
That means 75 per cent (3/4) of the love in companionship of the children go to the mother.25 per cent (1/4) go to father. In short, mother gets gold medal, she gets silver medal as well as the bronze medal. Father has to be satisfied with mere conciliation price. So these aspects the women have a degree of advantage.because, our mother, they bore us in the womb for ninth months and Prophet (pbuh) says; even if we give amount of gold for what troubles they are taking for nine month, we have not compensated. Because of that the great cost of companionship of the children, the mother has the degree of advantage.
On the other hand, the nature is, Allah says in the glorious Qur’an;
“Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in (the husband’s) absence what Allah would have them guard”. [Surah 04.An-Nisa, verse No.34, and further, verse No.35 of the surah]
So, In nature it is our duty to support and protect the women. Here is strength the men have a degree of advantage. Many other aspects the men and the women are the same. In short, this falls just short reply for the allegation of the critics of the Islam that the Islamic shariah is barbaric as compare to the women rights in Islam.
Peoples object and the different opinions; how should the law be? And one of the common objections is the women; they are subjugated because of the Islamic hijab.they say; Islamic Hijab it’s for a model that’s all. Its not for modesty, it is for subjugating the women. Today in the world, if we look around us, the level of modesty its keeps on differing for individual to individual depending upon the surrounding and the society. In certain Muslim countries even looking at women, even steering women, it is considered immodest. Here in Sri Lanka Sri Lanka
In most of the western countries, there a young lady wearing mini skirts or shorts, she is considered modest. But here that same lady comes or any lady in Sri Lanka
The best want to decide our creator, is all mighty Allah. Let’s now analyze what is mentioned in Islamic shariah. Would like to tell them who align the allegation that Islam subjugated women because of Hijab (General rule for Hijab means “a long dress prescribed for Muslim women to cover their whole body from head to feet except the face and hands up to the wrists”. Some scholars’ say that Hijab should be covered whole body, while according to those who are well known jurists in Islamic shariah, Abu’Hanifa and Mujni say that there may be appeared the feet too).
If go back to the history at the time of Babylonian civilization, they ill treat the women, if a man committed the murder instead of he gets in the punishment, his wife put to death. In the Greek civilization, they had a concept of an imaginary woman called ‘Pandora’ who was the root cause of misfortune of human beings. In the Rome
Islam is the first religion and the prophet Muhammad (pbuh) is the major benefactors who are blessed the women. After Islam gave rights to the women, it’s also sought them away how to maintain the modest, how to maintain the rights, how to maintain the position. That’s the reason Hijab has been prescribed. Peoples normally talk about the Hijab of the women. But Allah, all mighty in the glorious Qur’an first speaks about Hijab for the men and then for the women. Allah says in the glorious Qur’an;
“Say to the believing men that they should lower their gaze and guard their modesty: that will make for greater purity for them: and Allah has well acquainted with all that they do”. [Surah 24.An-Nur, verse No.30]
Whenever man look at the women any break in thoughts comes in the mind, he should lower his gaze. Any alluring thought comes in the mind, he should lower gaze. It means that if you unintentionally look at the women, do not intentionally look at her again to feast on her beauty.
The next verse speaks about the Hijab for the women that is;
“And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (ordinarily) appear thereof: that they should draw their veils over their bosoms and not display their beauty except to…” [Surah 24.An-Nur, verse No.31]
There are basically six criteria for the Hijab which is mentioned in the glorious Qur’an and the authentic hadises;
- The extent; for the men its navel to knee. For the women, complete body should be covered; the only parts that can be seen are the face and hands up to the wrists. There are many scholars say that these should be too covered.
The remaining criteria are the same for the men and the women.
- The close the way; it should be loosed and should not reveal the figures.
- It should not be transparent such that can see through them.
- It should not be so glamorous as that deprive or attack opposite sex.
- It should not resemble that of the opposite sex.
- It should not resembeled and be a sign of the unbelievers.i.e.they should not wear clothes that are specifically identities or symbols of the unbelievers’ religions.
And Allah says in the glorious Qur’an;
“O prophet! Tell your wives and your daughters and the believing women, that they should cast their outer garments over their persons (when out of doors): that is most convenient, that they should be known (as such) and not molested”. [Surah 33.Al-Ahzab,verse No.59]
The glorious Qur’an says; Hijab has been prescribed for the women, so that it will prevent them from him molested.
Suppose there are twin sisters who are very, very beautiful and they walking down on the street. One in twin sisters, she is wearing Islamic hijab come to body covered except the face and hands up to the wrists. Other in twain sister, she is going in the western dress, a mini skirt or shorts. And just around the corner of the way, there is ruffian who is waiting for teasing a girl. Which girl will he tease? Will he tease a girl wearing Islamic hijab? Or will he tease a girl wearing western dress? But nature, he will tease a girl wearing western jeans and skirts. So the glorious Qur’an rightly says that hijab has been prescribed for the women from being molested.
After that, if any man raps any women the Islamic shariah says; he gets stably punishment (According to the American FBI statistic, in the year 1990 those people who were convicted for rap cases after they go, more than ninety five per cents of them again commit rap. That’s the case, there are put in to death on first time). Peoples say that it is barbaric and ruthless way of life. In America (There were 1, 02555 cases of rap reported in the year 1990alone. The report said only sixteen per cents the rap cases were reported. So, 6, 04968 raps that took place in 1990,in USA America Saudi Arabia
On the other hand, many critics are being circulated by most of the women organizations who are being on actions for the well interest of the women about why is the polygamy allowed in Islam? And they are subjugated by like these uncultured measures. Actually, the polygamy means that “a person who have more than one spouse”. It is divided in to catogaries; polygene in which a man have more than one wife. Other one is polyandry in which women have got more than one husband. People normally treat polygamy means generally, a man have more than one wife. But polygamy means both having more than one spouse. Since the question is, why is the polygene allowed in Islam?
The glorious Qur’an has to be in the face of the earth says “marry only one”. There is no religious book on the face of the earth which says marry only one. If we read all religious scripture no one is mentioned “marry only one”. In earlier time, Christian men were permitted as many wives as they wished, since the bible puts no restriction on the number of wives. It was only few years ago that the church restricted the number of wives to one. Polygene is permitted in Judaism. According to the Talmudic law, the practice of polygene continued till Rabbi Gershom ben Yehudah (960 C.E to 1030 C.E) issued an edict against it. The Jewish Sephardic community living in Muslim countries continued the practice till as late as 1950, until Act of the chief Rabbinate of Israel extended the ban on marrying more than one wife. It’s only mentioned in the glorious Qur’an;
“…marry women of your choice. Two, or three, or four; but if ye fear that ye shall be, able to deal justly (with them), then only one, or that which your right hand possess. That will be more suitable, to prevent you from doing injustice.”[Surah An-Nisah 04.Verse No.03]
The statements “marry only one” is given in the glorious Qur’an than any other religious books. In pre Islamic Arabia man had several wives. Some people had hundreds of wives. Islam put on upper limit polygamy and maximum four. If any one else can have more than one wife only one condition that equal justice between two, or three, or four. Otherwise only one. And the glorious Qur’an says that it is very difficult for man to be just between wives (Verse No.129, “ye are never able to do justice between wives even if it is your ardent desire”). So the polygene is the exception, not the rule. Many people think that Islam says it should compulsory marry more than one wife. There are five categories of do’s and Don’ts in Islam;
Compulsory or obligatory, this is the first,
Second is, recommended or encouraged,
Third is, the permissible or allowed,
Fourth is, not recommended or discouraged,
And the last is, prohibited or forbidden category.
The polygene falls in the middle categories of permissible. There is no statement in any hadises or the glorious Qur’an which says that if the man marries more than one wife, he is the better person than who have got marry one wife.
Let’s analyze logically, why does the Islam allow more than one wife? By nature male and female are born in equal proportion. But medical science tells that a female child has got more resistance than the male child. The female child can fight against germs and disease much stronger and better way than the male child. For this reason, during the pediatric age itself, there is more death among males as compared to the females. During wars, there are more men killed as compared to women. For example, the recent war which was took place in Afghanistan
If suppose one of sister, happens to be in America USA America
There are some people who are smart may say that I will prefer my sister remain virgin soil. Believe that medical science tells us that the man or woman not remaining virgin through out the life without indulging or any illiterate sex or sexual perversion. Because daily sexual hormones are being liberated in the body. These great men who claim to the renounce the world for example, who go to mountain Himalaya and behind them, can find their demigod are going, for what? There is no third option. The only option is that you marry husband who already has the wife or become a public property. Islam prefers giving women the honorable position by permitting first option and disallowing second. There are several other reasons, why Islam has permitted limit polygene, but it is mainly protected the modesty of the women.
Therefore, the Islamic shariah is a perfect law. It is the most practical law which besides talking good things. All the religions say that should not rob, should not immodest, and should not rap. But Islam chose your way how to achieve peace. It may on barbaric on those people who may not know the figure or background or what’s happening in the world.
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