Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

The Shaykh's comment on the author of the article's statement that social conditions must be corrected before laws are amended to align with Shari'ah rulings, and the Shaykh's response to him

Machine translationRead the Arabic original
The Shaykh : He went on to mention what I summarized earlier regarding the necessity of the society being an Islamic society. He said, "Therefore, this turbidity must be removed and this distance bridged so that the law of personal status can perform its function by addressing conditions in an Islamic climate. Consequently, the application of this law must be preceded by the correction of family and social conditions that contradict the teachings of Islam. A comprehensive corrective vision is required to prepare the climate for this law. This is the case with the other Islamic laws, such as the penal code. We cannot establish the Islamic hudud (fixed punishments) unless the Islamic atmosphere is prepared in which the members of society breathe the fragrance of Islam and its guidance. Then he says, 'Likewise, the punishment for theft cannot be applied unless we provide the individual with suitable work and establish mutual support among the members of society by taking zakah from the rich and giving it to the poor, and by eliminating... open and hidden [poverty]. Preparing the climate is a condition for applying the rulings. This... topic is in the last row. Preparing the climate is a condition for applying the rulings of Islam. He mentioned as an example that it is not permissible to apply the hudud for theft until we prepare for people the necessities of life. Now, let us return to our methodology: understanding the Book and the Sunnah according to the understanding of the Salaf al-Salih (the earliest generations). We began by stating that at the head of this methodology is the Messenger of Allah (peace and blessings be upon him). Do you see whether the Messenger of Allah (peace and blessings be upon him) did what this writer says, preparing the climate to apply the Islamic rulings? For example, there were no poor people, or rather, it is well known that there was a group called Ahl al-Suffah (the people of the bench), who were among the poor Companions who had no family and no wealth. They had no dwelling to take shelter in, so they took shelter in a place outside the mosque called "al-Suffah". The poverty we know of during the time of the Messenger of Allah (peace be upon him) is not doubted by any Muslim, regardless of how low their academic or cultural level may be. We know, for example, that the standard of living in the time of 'Umar ibn al-Khattab was much, much better than it was in the time of the Messenger of Allah (peace and blessings be upon him). Did the application of the ruling differ in his time? Did he delay any of the rulings because this climate was not prepared? For example, you know the story of that man who attended a gathering where a woman came to him and offered herself to the Prophet (peace and blessings be upon him), wanting to give herself to him (peace and blessings be upon him). He did not desire her, so the man asked him (peace and blessings be upon him) to marry her to him, even if it was for an iron ring. He said, "I find nothing, O Messenger of Allah!" He said:
I have married her to you with what you have of the Qur'an فقد زوجتكها بما معك من القرآن
Sunan ad-Daraqutni 15:89
This is a poor man existing in the time of the Messenger of Allah (peace be upon him), the Medinan period in which the Shari'ah rulings were applied. Why did the Messenger of Allah (peace be upon him) not delay until his wealth increased, as happened in the time of 'Umar, and postpone the application of these hudud until he was able to prepare the alleged climate? This is said from the perspective of our principle and our source, which is to understand Islam according to the methodology of the Salaf al-Salih. The Salaf al-Salih never delayed in applying the Shari'ah rulings and the heavenly hudud due to what he calls the climate. Then, from a theoretical perspective, he asks, for example, for the collection of zakah.
Is this collection the duty of the state or the duty of individuals? Now, we are reversing the issues completely. In early Islam, the collection of zakah was the duty of the state. Now, associations are formed to collect zakah. So, he wants, among other things, to prepare the alleged climate by collecting zakah. If we demand that the state collect zakah, this is a correct demand. And this demand may suffice and relieve the state, as it relieves the people of many burdens imposed on Muslim peoples, which they call taxes. We do not doubt that many of these taxes are necessitated by public interest (maslahah). But what public interest is sought to be achieved by a newly invented means when there are prescribed means in the Book and the Sunnah? Therefore, it is not permissible to adopt this newly invented means on the pretext that it is among the unrestricted public interests (masalikh mursalah).
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas