About this blog

In recent times a plethora of misconceptions, misrepresentation and myths have been forged about Islam
and Muslims. Many western influentials from politicians, policymakers to judges have taken it upon
themselves to undermine the Islamic beliefs, values and rules so to make it palatable to their
egotistic minds and the secular liberal thoughts.

This blog is dedicated:-

1. To argue the point for Islam in its belief and systems and to refute the misconceptions.
2. To expose the weakness and contradictions of all forms of secularism.

5 Oct 2008

The Sublime Values of the Shariah



Why is the Shariah being attacked?

The Sharee’ah has been portrayed as a mere set of brutal punishments by the media and the government to present Islam as a backward solution. The motivation behind this in the West is to immunize their own societies from Islam and as well to pressure the Muslim community to reject the return of Shariah via the Caliphate or pressure them to be silent about their demands. Even though the call for the Shariah is focused upon the Muslim world the West fears its return there and that is why it is being demonised today as the results of recent polls in Muslim countries indicating mass support for Shariah and Khilafah are still fresh in their minds. As for the Muslim response, far from being backward, we should use this opportunity to show non Muslims that the Shariah is not just a set of harsh punishments but a complete value based system that can address diverse problems like crime, poverty, education and healthcare and many other societal issues and challenges. This is also an excellent opportunity for the Muslim community to learn about their system and build their confidence in the Islamic political solution and amplify their call for the re-establishment of the Khilafah.

Is the Shariah only punishments?

The Shariah is a complete system of life and not only confined to a set of rules or punishments. The Shariah is in actuality composed of the following elements which emanate from the Islamic rational basis i.e. ‘Aqeedah. They are:

i. values
ii. rules and
iii. Punishments

All three elements combine to bring peace and stability in society and so cannot be separated or depicted as merely a set of punishments. According to Ash-Shatibi (ra), the great Maliki jurist who specialised in the theory of Shariah law: ‘The meaning of Shariah is the restriction of the legally capable (mukallafin) by prescribing limits in respect to their actions, statements and beliefs.’ [Muwafaqaat, v.1, p.88]. According to ‘Allamah at-Tahaawuni, an expert on Islamic terminology: ‘The Shariah are the rules legislated for the servants whether they relate to the mode of actions or beliefs.’ [Kashaaf istilahaat al-funoon, under word ‘shariah’]. So one can see the Shariah is not defined only in terms of punishments but as rules relating to actions and beliefs of people.

Consequently, these rules are holistic and comprehensive. For ease of comprehension we have divided them into the aforementioned elements. To understand how Shariah effectively addresses society’s problems it is important to appreciate the operation of all three elements in relation to problems in society in a holistic manner. To illustrate this point let us see the holistic approach of Shariah with regards to crime which is a problem spiraling out of control in the West.

The Values

Crime is rampant in western societies due to the values in society and not the superficial reasons that are cited such as homelessness, drug addiction, poverty, unemployment and low school attainment. Rather the real causes are freedom and the values of individualism and materialism that it spawns. Thus, even though the government has passed on average one law every three days since Labour came to power they have failed to be tough on crime or the causes of crime. However, the Shariah contains values which function as preventors of crime and the violation of peoples rights. The following are a few examples:

a) Taqwa (Fear of God): The first deterrent to crime is the individual himself and his conscience. That is why the Muslim, due to his A’qeedah, knows he is accountable to Allah (swt) before he is accountable to society. He knows that no leaf falls from a tree except that his Lord knows which leaf fell from which tree and what time. He (swt) said: ‘And with Him are the keys of the Ghaib (all that is hidden), none knows them but He. And He knows whatever there is in (or on) the earth and in the sea; not a leaf falls, but he knows it. There is not a grain in the darkness of the earth nor anything fresh or dry, but is written in a Clear Record.’ [Surah Al An’am (6): Ayah 59] This belief deters him from engaging in many actions even though he may be able to escape the law which is a calculation that is frequently made in the West by many who would commit crimes; ie do it if you can get away with it. Hence, according to one newspaper report published 2nd September 2007 under the heading ‘The untouchables’ there were 3,000 crimes committed in 2007 by individuals who could not be convicted even though the evidence was there to secure a conviction. The problem was that these 3,000 crimes (of which 66 were sex offences) were committed by children of and under the age of 10! According to another statistic 6 out of 10 teenagers in poor areas in the UK think that crime pays. This is the type of society that the West is creating and the future is looking bleak if these statistics are anything to go by.

b) Morals: In the West it is not the law’s business to pry into the morals of the people, hence we see the immorality that leads to crimes such as rape. Islam states that morals such as trust (amanah) or justness (‘adl) are paramount. The Prophet (saws) said: ‘He has no faith the one who lacks trust.’[Ahmed]. The West pays lip service to these but undermines them by the other values of individualism which teaches selfishness and greed. That is why politicians in the West are the most distrusted of people in society even though their job description requires them to be the most upright and trustworthy.

c) Collective responsibility: In the West a Citizen is not legally obliged to stop crimes that are happening in front of them to the extent that one is not legally obliged to help even a drowning infant and if one does and it goes wrong somehow then that individual can be held to blame by the law. This is in stark contrast to Islam where Muslims are obliged to forbid the munkar (evil) around them. The Allah (swt) informed: “(The believers whose lives Allah (swt) has purchased are) those who repent to Allah (swt), who worship Him, who praise Him, who fast (or go out in Allah (swt)’s Cause), who bow down (in prayer), who prostrate themselves (in prayer), who enjoin (people) for Al-Ma’ruf (i.e. Islamic Monotheism and all that Islam has ordained) and forbid (people) from Al-Munkar (i.e. disbelief, polytheism of all kinds and all that Islam has forbidden), and who observe the limits set by Allah (swt). And give glad tidings to the believers.” [Surah At Tawbah (9): Ayah 112]

d) It is reported that during the reign of Umar b. al-Khattab (ra) a man came to a house and cried for water. The residents of that house failed to respond to his call and the man died. Umar then ordered the family to pay blood money (diyyah) to the man’s relatives. [Ahmad]

The Rules

The laws in the West not only fail to deal with crime but contribute to its increase by the fact that they are based on values which are bringing society down in the first place. Laws in the West are legislated to facilitate individual freedom whilst ignoring the interests of society as a whole. Hence, greed, promiscuity, alcohol, and indecent behavior are all protected by the force of law. Is it any wonder that crime is rising in the West. In contrast the Shariah has prescribed rules which not only forbid the values which lead to crime but also forbid the avenues to crime. For example:

a) Sanctity of life and property: In the West a person is taken to the brink then he is told that an act is an offence. For example a person is allowed to take cannabis, get hooked on alcohol and gambling and then suddenly when he feels compelled to steal or kill to feed this addiction he is told such a action is a criminal offence. The Shariah in Islam stops the avenues to crime by forbidding and criminalizing not only the crime but also the causes of crime. He (swt) says: ‘O you who believe! Intoxicants, gambling…are an abomination of Shaitân’s handiwork. So completely avoid them in order that you may be successful.’ [Surah Al Mai’dah (5): Ayah 90]

b) Respect for the honor and dignity of women: In the West women are treated as sexual objects whose femininity is used to sell products and agitate the sexual instinct in an unregulated manner and then people are told rape is a crime. Is it any wonder that one in four women in the West has been raped or a rape has been attempted on her? The Shariah prescribed rules such as dress code for women, rules of non mixing in private space, lowering the gaze etc to protect the honour and dignity of women by prohibiting the means to its violation.

The Punishments

The Shariah, having laid down a set of values and rules has then prescribed a set of harsh punishments to protect these values and rules and deter people from violating them. The philosophy on which the Islamic penal system is based is the need to protect the society as a whole thereby protecting the individual as a result via harsh deterring punishments with a high evidential burden and due process to prevent the miscarriage of justice, unlike the barbaric lenient prison sentences we see in the West where murderers and rapists are let loose in society within a couple of years only to commit even more grave and heinous crimes. So punishments are deliberately harsh to prevent crime and send a message out to society that the values of life, property and chastity are sacrosanct. With regards to the death penalty He (swt) says: ‘And there is (a saving of) life for you in Al-Qisâs (the Law of Equality in punishment), O men of understanding.’ [Surah Al Baqarah (2): Ayah 179] The Shariah protects life, religion, human dignity, property and the mind and such that it ensures stability and prosperity of society. The Prophet (saws) said: “A hadd acted upon in the earth is better for the place of the earth than it raining over them for forty mornings.” [Ibn Majah] The reference to the rain for forty mornings refers to abundance and the prospect of a good harvest in respect to which the Prophet (saws) says the Shariah is even better.

Conclusion

Muslim communities in the West need to appreciate the bigger picture of this attack on Shariah, understand why its happening now, learn the arguments to defend it as outlined above and continue supporting and voicing their demand for the re-establishment of the Khilafah in the Muslim lands which will implement the Shariah holistically with its values, rules and punishments.

[Article written by Kamal Abu Zahra, August 2008]
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What they said...

“Islam represented the greatest military power on earth…It was the foremost economic power in the world…It had achieved the highest level so far in human history, in the arts and sciences of civilization...Islam in contrast created a world civilization, poly-ethnic, multiracial, international, one might even say intercontinental.”





[Bernard Lewis, Professor of Near Eastern Studies, Orientalist and Historian, 2001]





"There was once a civilization that was the greatest in the world. It was able to create a continental super-state that stretched from ocean to ocean, and from northern climes to tropics and deserts…the civilization I'm talking about was the Islamic world from the year 800 to 1600… Although we are often unaware of our indebtedness to this other civilization, its gifts are very much a part of our heritage"





[Carly Fiorina, ex-CEO of Hewlett-Packard, 2001]





"For the first three centuries of its existence (circ. A.D 650-1000) the realm of Islam was the most civilized and progressive portion of the world. Studded with splendid cities, gracious mosques and quiet universities where the wisdom of the ancient world was preserved and appreciated, the Moslem world offered a striking contrast to the Christian West, then sunk in the night of the Dark Ages."





[Lothrop Stoddard, Ph.D (Harvard), American political theorist and historian, 1932]





"Medieval Islam was technologically advanced and open to innovation. It achieved far higher literacy rates than in contemporary Europe;it assimilated the legacy of classical Greek civilization to such a degree that many classical books are now known to us only through Arabic copies. It invented windmills ,trigonometry, lateen sails and made major advances in metallurgy, mechanical and chemical engineering and irrigation methods. In the middle-ages the flow of technology was overwhelmingly from Islam to Europe rather from Europe to Islam. Only after the 1500's did the net direction of flow begin to reverse."





[Jared Diamond, UCLA sociologist and Author, 1997]



"No other society has such a record of success in uniting in an equality of status, of opportunity and endeavour so many and so varied races of mankind. The great Muslim communities of Africa, India and Indonesia, perhaps also the small community in Japan, show that Islam has still the power to reconcile apparently irreconcilable elements of race and tradition. If ever the opposition of the great societies of the East and west is to be replaced by cooperation, the mediation of Islam is an indispensable condition."





[Hamilton Alexander Rosskeen Gibb, Professor at Harvard University, 1932]





“The Muhammadan Law which is binding on all -- from the crowned head to the meanest subject is a law interwoven with a system of the wisest, the most learned and the most enlightened jurisprudence that ever existed in the world.”





[Edmund Burke, British Statesman and Philosopher, 1789]





"The Exile here is not like in our homeland. The Turks hold respectable Jews in esteem. Here and in Alexandria, Egypt, Jews are the chief officers and administrators of the customs, and the king’s revenues. No injuries are perpetuated against them in all the empire. Only this year, in consequence of the extraordinary expenditure caused by the war against Shah Tahmsap al-Sufi, were the Jews required to make advances of loans to the princes."





[David dei Rossi, Jewish Traveller 17CE, quoted by Norman A. Stillman, The Jews of Arab Lands]





"The notable religious tolerance towards Christians and Jew under Muslim rule had given way to the uncompromising zealotry of Spanish Inquisition. Jews and Muslims thus fled Spain with large numbers of Jews immigrating to the Ottoman Empire which was known for its tolerance to the Jews."





[Graham Fuller, Author and former CIA, 1995]





“If there is much misunderstanding in the West about the nature of Islam, there is also much ignorance about the debt our own culture and civilization owe to the Islamic world. It is a failure, which stems, I think, from the straightjacket of history, which we have inherited. The medieval Islamic world, from central Asia to the shores of the Atlantic, was a world where scholars and men of learning flourished. But because we have tended to see Islam as the enemy of the West, as an alien culture, society, and systems of beliefs, we have tended to ignore or erase its great relevance to our own history”





[Charles Philip Arthur George, HRH The Prince of Wales, 1993]





"...Not being subject to the Sharia, Jews and Christians were free to go to their own religious authorities for adjudication of disputes; but in many cases they went instead to the [Muslim] Qadi"





[Richard W. Bulliet, Professor of History and Author, 2004]





"Here in the land of the Turks we have nothing to complain of. We possess great fortunes; much gold and silver are in our hands. We are not oppressed by heavy taxes and our commerce is free and unhindered. Rich are the fruits of the earth. Everything is cheap and each one of us lives in freedom. Here a Jew is not compelled to wear a yellow star as a badge of shame as is the case in Germany where even wealth and great fortune is a curse for a Jew because he therewith arouses jealousy among the Christians and they devise all kinds of slander against him to rob him of his gold. Arise my brethren, gird up your loins, collect up your forces and come to us."





[In his book 'Constantinople', Philip Mansel quotes a rabbi in Turkey writing to his brethren in Europe where they were facing increasing persecution after 1453]





"Praise be to the beneficent God for his mercy towards me! Kings of the earth, to whom his [the Caliph’s] magnificence and power are known, bring gifts to him, conciliating his favour by costly presents, such as the king of the Germans, the king of the Gebalim, the king of Constantinople, and others. All their gifts pass through my hands, and I am charged with making gifts in return. (Let my lips express praise to the God in heaven who so far extends his loving kindness towards me without any merit of my own, but in the fullness of his mercies.) I always ask the ambassadors of these monarchs about our brethren the Jews, the remnant of the captivity, whether they have heard anything concerning the deliverance of those who have pined in bondage and had found no rest."





[Hasdai Ibn Shaprut (915-990 CE) Jewish physician, chief minister of Islamic Caliphate in Cordova, 'The Jewish Caravan']





"In Baghdad there are about forty thousand Jews, and they dwell in security, prosperity, and honour under the great Caliph [al-Mustanjid, 1160-70 CE], and amongst them are great sages, the Heads of the Academies engaged in the study of the Law…’"





[Benjamin of Tudela, Rabbi in Baghdad in the year 1168 CE, 'The Jew in the Medieval World']





"Those Eastern thinkers of the ninth century laid down, on the basis of their theology, the principle of the Rights of Man, in those very terms, comprehending the rights of individual liberty, and of inviolability of person and property; described the supreme power in Islam, or Califate, as based on a contract, implying conditions of capacity and performance, and subject to cancellation if the conditions under the contract were not fulfilled; elaborated a Law of War of which the humane, chivalrous prescriptions would have put to the blush certain belligerents in the Great War; expounded a doctrine of toleration of non-Moslem creeds so liberal that our West had to wait a thousand years before seeing equivalent principles adopted.





[Leon Ostorog, French Jurist]





"The debt of our science to that of the Arabs does not consist in startling discoveries or revolutionary theories; science owes a great deal more to Arab culture, it owes its existence"





[Robert Briffault, Novelist and Historian, 1928]





"The only effective link between the old and the new science is afforded by the Arabs. The dark ages come as an utter gap in the scientific history of Europe, and for more than a thousand years there was not a scientific man of note except in Arabia"





[Oliver Joseph Lodge, Writer and Professor of Physics, 1893]





“Thus, when Muslims crossed the straits of Gibraltar from North Africa in 711 and invaded the Iberian Peninsula, Jews welcomed them as liberators from Christian Persecution.”





[Zion Zohar, Jewish scholar at Florida International University, 2005]







“Throughout much of the period in question, Arabic served as the global language of scholarship, and learned men of all stripes could travel widely and hold serious and nuanced discussions in this lingua franca. Medieval Western scholars who wanted access to the latest findings also needed to master the Arabic Tongue or work from translations by those who had done so.”





[Jonathan Lyons, Author, Writer and Lecturer, 2009]