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ISLAMIC LEGAL LAWS
What
is Meant by Lawful and Unlawful?
Humankind gifted with the powers of will and
intellect, is free to chart out its course in life,
whether good or evil. Through these two powers, man is able to create or cause
any action, as well as abstain from any particular act
and avoid its occurrence.
Through these powers, actions or causes come out from
the stage of possibility to actual deed or commitment.
Man is free to eat, drink, till the land, make airplanes,
build cities and plan and run factories...etc. as well as
indulge in evil and destructive acts such as drinking a
wine, oppressing and killing fellow humans, and
destroying the fruits of progress.The
Reason Behind Lawfulness (Ibahah):
Allah, the Almighty created man on earth and supplied
him with the means of life. He made the earth and what is
in it and what is on it for the benefit of man and
surrounded it with cosmic system which suits the
circumstances of life on it.He made the relation between the sun, the moon,
gravitation and the gaseous atmosphere,...etc. suitable
for life on earth.
He prepared for man on its surface, underneath the
ground and in the seas and rivers, all the necessities of
life and its progress. He created plants and animals,
seas and rivers, mines, and mountains, the air and the
birds which fly, all for the sake of man and his
interests. He provided him with the blessings and sense
of goodness and gave him all he needs without any defect
or deficiency in the system of creation and its relation
to man and life.
This excellent creation and perfection is a clear
proof for whoever thinks carefully and sincerely
concerning the wonders of life, where harmony prevails
between man and nature without the least disorder or
confusion. Man finds all the essential needs of life such
as food, water, air, light, heat, moisture on this planet
and the force of gravitation, the pressure of air, the
percentage of oxygen, the elements of soil, are in exact
proportion to enable him to live and practice life
systematically and orderly.
Allah the Most High, says:
"Allah is He Who created the heavens and
the earth and sent down water from the clouds, then
brought forth from it fruits as a sustenance for you, and
He has made the ships subservient to you to run their
course in the sea by His command, and He has made the
rivers subservient to you. And He has made subservient to
you the sun and the moon, pursuing their courses; and He
has made subservient to you the night and the day. And He
gives you of all you ask of Him, and if you count Allah's
favours, you will not be able to number them. Surely man
is very unjust, very ungrateful."
Holy Qur'an (14:32-34)
Without this perfection and exactitude in the system
of existence, life will be impossible for man on this
land.
How beautifully Allah the Exalted, puts it:
"...the handiwork of Allah, Who has made
everything thoroughly. Surely He is aware of what you
do."
Holy Qur'an (27:88)
Should all these things be not lawful for man? It was
difficult for him to behave with or make use of them but
Allah through His kindness, justice and wisdom enabled
man to utilize these bounties of existence and granted
him the power and ability to exploit them, then He
legislated laws in a way that man exceeds not the
prescribed limits.
From this connection between the principle of creation
and man and life. We can conclude that laws are the
origin of all necessities of human life, and that every
thing in this life is allowed for man. It is among his
own rights to practice them and make use of them with the
exception of what is forbidden.
Nothing is forbidden for man except what is harmful
and dangerous for his body and soul and what contradicts
and not in harmony with the system of life.
The Almighty Allah, says:
"And what reason have you that you should
not eat of that on which Allah's name is mentioned, when
He has already made plain to you what He has forbidden to
you - except that which you are compelled to. And surely
many lead (people) astray by their low desires through
ignorance; surely your Lord - He best knows the
transgressors."
Holy Qur'an (6:120)
"Say: Come! I will recite what your Lord
has forbidden to you:...."
Holy Qur'an (2:152)
In Islam, the forbidden things or acts are limited and
whatever else beside, is to enjoy according to a system
which preserves the way of life and provides balance and
harmony in every human activity. Therefore, the Qur'an
condemns the attitudes of those who straiten life both
upon themselves and upon other by preventing and
prohibiting what is made lawful by Allah on His servants.
The Qur'an questions the behaviour of such people.
"Say: Who has forbidden the adornment of
Allah which He has brought forth for His servants, and
the good provision?.."
Holy Qur'an (7:32)
In Islam, the concept of lawful halal and
forbidden haram in life is not to prevent man and
paralyse his life and activities. But Islam's view is
exactly the opposite as explained by the two
above-mentioned verses of the Holy Book. Islam considers
all useful things permissible for man and prohibits on by
harmful acts which lead him towards confusion in life.
The wise declarations of the Qur'an confirm this
opinion and restrict the prohibitions only to wickedness,
lewdness and abominable acts and things.
"Say (O' Muhammad unto mankind): My Lord
forbids only indecencies, such of them as are apparent
and such as are concealed, and sin and unjust rebellion,
and that you associate with Allah for which he has sent
down no authority, and that you say of Allah what you
know not."
Holy Qur'an (7:33)
"Those who follow the Messenger - Prophet,
the Ummi (the one who neither reads nor writes), whom the
y find mentioned in the Torah and the Gospel. He enjoins
them good and forbids them evil, and makes lawful to them
the good things and prohibits to them impure things, and
removes from them their burden and the shackles which
were on them. So those who believe in him and honour him
and help him, and follow the light which has been sent
down with him - these are the successful."
Holy Qur'an (7:157)
As is clear from these verses the reason behind
prohibition is for the betterment of human society. The
Qur'an focuses on three main prohibitions, namely.
Wickedness, Lewdness?? and Abomination.
These three are used to specify the degrees of
ugliness and harm in the forbidden things or acts -
whether material or spiritual.
The word 'khabith' in Arabic language means
'what is disliked because of its wickedness and vileness
whether, tangible or not.[1] Hence, the word 'khabith'
and its derivations altogether mean what is disliked,
impure, every corrupt thing or every forbidden act. For
example, the word 'khaba'th' means what the Arabs
used to dislike and not to eat such as snakes and beetles
while the word 'khobth' means 'deceit' so far as
gold and silver are concerned.
But the word fuhush (lewdness or obscenity) in
Arabic language refers to 'what makes wickedness great
concerning of sayings and actions'.
And we can understand the meaning of the word munker
(abomination) if we know that the Arabs say 'when a man
is disguised means his state is changed from happiness to
dislike' .
We understand through this literary analysis the main
prohibitions like khaba'ith (filth or wickedness),
fawahish (lewdness or obscenity), and munkirat
(abomination). Thus, it is clear Islam never forbids good
and healthy things in life including food, drink and
natural human behaviour...save they are contaminated by
the three main prohibitions which are dangerous and
harmful for the body and soul of man.The
Meaning of a Divine Law (Hukum):
A close scrutiny of human life and incidents,
attitudes, activities and dealings, concerning it, could
be divided as follows:
1- Man's relations with his Creator is evident in acts
such as prayer, fasting, hajj (pilgrimage)...etc.
2- Man's relation with his self is evident from such
actions as cleanliness, ritual purity, taking care of his
adornment and bodily needs, ...etc.
3- Man's relations with fellow humans such as his
family, the society he lives in, matrimonial rights,
inheritance, trade, politics...etc.
4- Man's relations with animal, plants, nature and its
resources and treasures or his relations with things,
products, materials,...etc.
5- Man's psychological and scientific relations with
the above-mentioned altogether.
All these activities and relations are inter-related
and inter-act in all stages of life, and hence the need
to organize them and classify them into obligations, the
lawful and the prohibited, etc.
Thus, this organization and classification, of man's
relations, attitudes and activities, is called a law
based on Islamic Shari'ah. For instance, Islam
makes knowing of Allah the Creator, prayer, social and
economic justice as obligatory, and it makes the
resources of the earth lawful for all, while it forbids
injustice, wine, backbiting, manslaughter, etc. and it
declares urine to be impure, and rules that whoever kills
another intentionally and unjustly and is connected with
him (the dead) through the relation of inheritance, never
inherits...etc.
Islam, in order to organize life and build up a
healthy and harmonious society legislates a law.
Therefore, a law based on Islam can be defined as Divine
legislation or Shari'ah which organizes human life is
keeping with the wonders of creation and nature.
Consequently the circle of these laws is extended
according to the elasticity of the circle of life - small
or big - and which implies all its developments.
So Islamic law contains a great legislative power and
a unique ability to cater the healthy needs of the
individual and society.
The secret behind an Islamic legislation is its being
everlasting, original and dynamic. A Muslim finds Divine
law for all his actions and deeds. There is no issue in
life, whether big or small but has both a law based on Shari'ah
(hukum) and a certain legislative situation which
clarifies the responsibility of man and his practical
attitude in an obvious lawful way, which says: 'There
is no occurrence but Allah has made a Divine Judgement
regarding it'.
On one side, man, according to Islamic legislation,
enjoys an extensive and clear view of behaviour, while on
the other side, he possesses practical measures through
which he can specify and adjust this view continuously
according to the laws of Shair'ah.
This practical measure becomes obligatory for man on
reaching the period of maturity in order to follow upon
its guidance which will bring him happiness and ward off
misery.
Hence, we understand the saying of the Messenger of
Allah, Prophet Muhammad (s.a.w.) about the dynamism of Shari'ah
for mankind: "I bring you both the welfare of
this world and the next."Kinds of Laws:
Should we track man's daily conduct and his activities
and attitudes, we will find it most difficult to count
them. Every man produces hundreds of quotes and does
hundreds of deeds. Within himself countless thoughts,
ideas and feelings flow. For instance, he can eat, drink,
sleep, marry, steal, commit adultery, kill, cheat, tell
lies, pray, worship, monopolize, be kind to the destitute
and orphans, laugh, become desperate, be pessimistic and
optimistic, produce medicines, make tools of torture,
believe in Allah, think and discover sciences and
knowledges...etc.
It is a list of both evil and good deeds. They are not
equal in respect to their benefit and harm to the
individual who does them, and the society which absorbs
their effects.
Islam regards human activities, such as actions,
sayings, ideas and feelings with due attention. Islam
puts these activities into a variety of categories, and
so every activity is precisely weighed and described in
respect to its nature and impact on man himself. Islam
does so to show the path before man, and put forward a
criterion by which man evaluates his activities, develops
them, and steers himself clear from evil and crime.
Man is also urged to mobilize his energies in the
domain of good and constructive works and preserve them
from being dissipated and lost. These energies granted to
man by his Creator are not to become tools of destruction
and sources of calamities and torture to man. The
ultimate goal, is thus, attaining Allah's pleasure.
On the basis of these considerations and goals, man's
deeds fall into five categories, where every activity is
valued according to its positive or negative effects on
man and his varied relationships.
These categories, as stated by the scholars are:
1- Permitted (Mubah) 2- Recommended (Mustahab) 3- Disapproved but not unlawful (Makruh) 4- Forbidden (Muharam) 5- Obligatory (Wajib)
1- The Permitted (Mubah): It is an act
in which a sane person mukalaf[2] who has reached
his puberty has full freedom to do it or leave it aside.
Within the circle of the permission, such a person is
never asked concerning what he does or leaves of the
permitted actions.
Examples of permissible acts are countless and
innumerable in the life of a man. For instance, a mukalaf
is free to choose the work that best suits him/her. He is
free to do research and think on the sciences of nature
and life.
He is free to select the suitable system to run the
social and political offices and establishments; to
determine the food, clothing and residence he
likes...etc. He is also free to use what suits his
inclinations, circumstances and abilities...on the
condition that all his actions should not exceed the
limits and exceptions set by Islam.
It is worth mentioning that the sphere of the
permitted Mubah is the widest among the daily
social human behaviours, for all acts are, as a rule,
permitted according to the most well-known religious
judgement. Everything is permissible except the one
forbidden by a Divine law.
2- The Recommended (Mustahab): It is any
ac t that the Muslim is urged to do, whereby he is viewed
a performer of the good and so deserves divine reward and
Allah's pleasure. But no punishment is set for any one
who leaves it or considers it easy, because, if done, its
fruits will be to his benefit, and if left or ignored no
harm will result from it.
In the life of the individual or a group, recommended
acts are numerous. Greeting others, paying visits to
friends and neighbours, giving alms, being tidy and
elegant, and many rites like du'a (supplication),
night prayers (superogatory), fasting during the holy
months of Rajab and Sha'ban, reciting the
Qur'an, are but a few examples of recommended acts.
The recommended deeds in Islam uplift mark to a lofty
spiritual position and make him do the maximum possible
acts of good in his life on earth to obtain Allah's
pleasure in the Hereafter.
The Muslim does the recommended deeds out of a sublime
moral motivation, without the slightest feelings of fear
or coercion. He is propelled by love and longing to walk
on the path leading to perfection and continuous
enrichment in this life.
3- The Disapproved But Not Unlawful (Makruh):
Makruh could be defined as an act a Muslim, is
urged to avoid although it is not unlawful. It is
preferable to avoid such acts in the interests of self or
society. However, Islam does not set a punishment for the
Muslim who does it, because it is not considered haram.
Islam stops short of making it haram, and only
urges the Muslim to avoid it, as it is likely to lead to
harm or corruption.
This law is very effective in blocking the ways ending
in the commission of haram acts.
The exhortation to avoid the makruh is the
second factor, following the urging to accomplish the mustahab,
that supports the key laws of wujub and hurma
in uplifting man spiritually to attain higher, sublime,
spiritual stages so that he can ward off harm and danger
in human life. Examples of makruh are: urinating
in stagnant water, sleeping till after sunrise, eating in
a state after intercourse or sexual discharge without
performing the obligatory bath, ablutions, and making
large scale advertisement to sell unworthy things...etc.
4-The Forbidden (Muharam): It is any act
that Islam prohibits the religiously responsible Muslim,
from committing, and sets a punishment for the
transgressors, while praising and rewarding the one who
totally abstains from such acts. It is a procedure Islam
takes to check the deviation that man may be led to
perversion and the wrong and unnatural expression of
motives and desires which are harmful to his body and
soul.
It is a law which checks chaos and corruption and nips
dangers and crimes in the bud. Doing the haram
distances the human soul from nearness to Allah and
blocks the process of sublimity. As haram action
contains deep psychological» bodily, spiritual, and
social risks, Islam sets both legal and social punishment
for the transgressor, in addition to the severe
punishment in store for him in the Hereafter.
Islam does not leave the matter unexplained. The Holy
Qur'an makes it clear that the goal of forbidding certain
acts is not disturbing man, depriving him, or making him
deal dispiritedly with life. To the contrary, Islam aims
at something else, as mentioned in the following verse:
"Say: My Lord has only prohibited
indecencies, those of them that are apparent as well as
those that an concealed, and sin and rebellion without
justice, and that you associate with Allah for which He
has sent down no authority, and that you say against
Allah what you know not".
Holy Qur'an (7:33)
"Those who follow the Apostle whom the y
find written down with them in the Torah and the Ummi,
Evangel, (who) enjoins them good and forbids them evil,
and makes lawful to them the good things and makes
unlawful to them the impure things, and removes from them
their burden and the shackles which were upon them; so
(as for) those who believe in him and honour him and help
him, and follow the light which has been sent down with
him, those are the successful".
Holy Qur'an (7:157)
Examples of haram acts are premeditated
killing, usury, drinking wine, taking other people's
property by force, disseminating harmful ideas and
distributing morally reprehensible books and
publications, and so on.5. The Obligatory (The Wajib): It is any
act that Islam makes obligatory on a mukalaf
Muslim in a decisive and final way and which, under no
circumstances, can he/she ignore. Islam sets punishment
for whoever leaves it intentionally, and rewards for
whoever performs it perfectly. Prayer, fasting, zakat,
khums, jihad, ruling justly, being kind to
parents, enjoining good and forbidding evil, fighting
oppression and tyranny, having love and affection for the
Prophet (s.a.w.) and his Household, being truthful,
obeying the orders of the Islamic state that rules by the
Qur'an, are among the unavoidably obligatory duties in
Islam.
Such duties and obligations were not ordained except
for the welfare of mankind, preserving life and order,
and safeguarding humankind's security in this world and
the Hereafter.
Should we try to examine the laws of the obligations
in Islam» study them analytically, trace their results
and practical consequences in life, we would see that
they effectively conduce to balance life, preserve the
order of human nature, and nurture a systematic
relationship between man and his Creator on one hand and
man and society on the other.
The philosophy of the obligations in Islam is based on
making the wajib a quantity in an equation whose
other quantity is right and reward or punishment. What is
obligatory is ordained to deepen the feeling of
responsibility on the part of the Muslim, emphasize the
relation between right and duty, narrow the circle of
egoism and to foster human conscience which opens one's
eyes to the concepts of justice and equity. Man realizes,
through these duties and obligations, that every human
being has the right to live, and duties to perform
without which social life and the ties with Allah the
Glorified, cannot be balanced.
The secret behind the wajib and divine
obligations in Islam, should we try to know, lies in the
fact that man, when performing such duties, adds to the
chain of good, a new link which makes it more effective
as it expands man's best tendencies in his inner, and
bears good fruit through interaction between the human
self and the surrounding environment. Such results can be
regarded as a criterion by which man's intentions are
measured, and be the basis for his reward or punishment.
If the original law is amended by any accidental cause
then the new law possesses the same legitimacy the
original one had. It is an indivisible religious
obligation that the responsible Muslim has to perform, or
be given the choice of performing or leaving it according
to the nature of the law.
If fasting, for instance, is obligatory under normal
circumstances, it is haram for the sick to fast.
Then fasting is, in this case, legitimately haram
in a decisive way. If the sick person fasts, his action
is not legitimate but is haram and ensues some
consequences set and explained by Islam.Every
Occurrence has a Divine Judgement:
The Islamic texts of Shari'ah and its general
concepts state for the jurisprudents fuqaha and
the experts of Islamic legislation, to formulate the
widest applicable rule of jurisprudence which says: "Never
is there any occurrence without a divine judgement
concerning it," as an expression of the spirit
of the Shari'ah and an explanation of its reality.
To look for a source for such rule and its source of
lightening, we will find many contexts in the Holy Qur'an
and the Prophetic tradition hadith which we
referred to in our previous books of this series,
therefore, there is no need for repeating them.
It is better to mention here a quotation from Imam
Ja'far al-Sadiq (a.s.) which refers to the same subject:
"Never is there anything without a law
concerning it or a known sunnah (Prophetic
tradition)."[3]
This rule has a wide ideological and a legislative
impact which not only participates in developing the life
of Muslims and expanding the sphere of their activities
but also in its adaptability to Islamic Shari'ah
in order to strengthen the bonds between a Muslim and his
Creator.
This rule confirms that no deed or intention done by
man - whether good or evil; useful or harmful; concerning
individuals or groups unless Islam views its opinion
regarding it should fall under one of the following
categories: prohibited; obligatory; permitted; disliked;
recommended.
Man's acts altogether, being small or big, are
described under one of the five above-mentioned
categories. In Islam there is a divine judgement for each
of them. This generality in Islam gives a Muslim a
general rule under which he measures all his actions and
evaluates them before performing or committing them.
This universality in Islamic Shari'ah helps man
to correct his behaviour; protect the society against
disorder and chaos; shows him the right path towards
safeguarding the rights, responsibilities and interests
against loss and waste; develops in him the spirit of
moral and legal consciousness; and instills in him the
spirit of responsibility. Therefore, he never takes any
decision nor practises any action before he thinks and
specifies his legal (Islamic) duty and responsibility
towards it.
Thus, a man comprehends in all actions and subjects by
taking legal opinion into consideration. For instance, if
he finds it (an action) obligatory, will surely try to do
his duty and perform his responsibility in the best and
absolute way.
But if he sees it prohibited, he will not only refrain
from doing it but will also try to avoid what leads
towards vain and disaster.
If he sees is it an act permissible, he will freely do
it or leave it aside.
And if he sees it undesirable or recommended, he is
free to do or abandon it. But due to his sincerity for
achieving perfectness in his belief and also as a result
of his religious spirit, it is better for him to educate
himself of the merits of recommended deeds and leave the
undesirable ones.Necessity
and Change of a Divine Law:
As we mentioned in the previous chapter that the
divine judgement hukum is connected with the
nature of an action and its impact. And it is the
identical description of the subject which decides
(specifies) the nature of a divine judgement hukum,
such as prohibition, obligation; permission...etc; it is
a divine judgement itself which discloses the nature of
the topic (subject).
Hence, a single action does not have more than one hukum
(a divine judgement) in an occurrence. For instance,
drinking wine cannot be described in its reality save
with prohibition: jihad (holy struggle) cannot be
described other than an obligation...etc. Sometimes, it
may happen that man may face some external and unexpected
circumstances which may lead to the change of the divine
judgment hukum or require the change of
peculiarity of an action itself.
Indeed, Islamic legislation deals with such facts with
more reality and accuracy. Islam permits the shelving of
the original given judgement- the first real judgement -
temporarily, if some unavoidable and extraordinary ,
circumstances happen. In such cases, man is obliged
either to refuse or change such judgement in order to
ward off danger, hardship and harm against him or his
interests.
With this observance, the aim of the exceptional
legislation - the secondary real judgement - is
safeguarding the essential purpose of Islamic legislation
itself which is primarily in the interest of man and
society and is to avoid loss and corruption.
According to this Islamic principle, topics of many
subjects could be changed. It may happen that an
obligatory or permissible act becomes prohibited or a
prohibited and permissible act becomes obligatory:
For example, Islam makes it permissible for a Muslim
to do a forbidden act if circumstances compel him to do
so or by doing so he will be able to ward off, through an
impending danger himself or his property or honour. But
once such an emergency or compulsion ends, the permission
to commit the forbidden will end too.
Allah, the Exalted says:
"...then whoever is driven by necessity,
not desiring, nor exceeding the limit, no sin is upon
him. Surely Allah is Forgiving, Merciful."
Holy Qur'an (2:173)
To go along with this wise declaration of the Holy
Qur'an, the following jurisprudential rule is formed "At
the time of necessity, the forbidden becomes
permissible".
On the basis of this rule, Islam permits a hungry man
at the point of death to eat carrion or the flesh of a
dead animal. He may even take by force his legitimate
needs from other's properties - if others do not supply
his need - in order to ward off destructive hunger of
himself and his family.
For this reason, Islam gives the oppressed the right
to backbite the oppressor.
The Almighty, Allah says;
"Allah loves not the public utterance of
hurtful speech, except by one who bas been wronged. And
Allah is ever Hearing, Knowing."
Holy Qur'an (4:148)
Another example for the change of a
divine judgement hukum is: the change of a
permissible act mubah through transforming it from
the state of permission ibahah into the state of
an obligation wujub or a prohibition hurmah,
according to an urgent necessity which requires such
change in order to deal with objectivity and reality with
this urgent and exceptional circumstance, until affairs
return to their natural course. Thus the natural
legislation plays its role as stated in the origin of
legislation. Examples of permissible acts mubah
which become forbidden, are many, among them is
"Every permissible act mubah in which no
interest can be achieved except by leaving it aside or
harm and loss is resulted for doing it- because of an
urgent cause."
For example: Some permitted foods whose eating becomes
dangerous for man's life and his health. Like a patient
who insists on using certain kind of food prevented by a
doctor and which may cause him damage and harm. If he
eats such food, which may harm his health or causes him
death, he will do a forbidden act and thus commits sin
for refusing his doctor's advice.
As this change of permission happens in the individual
field, it may also happen in other fields including
social, economic, political...etc.
Regarding the change of the laws of permission in the
social field is what happened in Iran when the great
jurist mujtahid[4] Mirza Hassan Shirazi who
proclaimed his famous verdict fatwa from Najaf in
1891, December about the prohibition of smoking under
temporary circumstances.Because tobacco was monopolized by a British colonialist
company at that time, so his verdict was a declaration
for an economic war against the usurper colonialists.
Consequently smoking became forbidden after its being
permissible and lawful because Muslim interests were in
danger and required the taking of a decision for the sake
of safeguarding the rights of the Muslim community and
protecting it from the exploiting enemy. Thus this
prohibition took its effect and became obligatory for all
Muslims to refrain from tobacco until its main causes
were removed. Iranian Muslims including the mother of the
then Qajarid king Naseruddin Shah adhered to the
prohibition until the agreement with the British company
Laws cancelled in early 1892. Thus giving back Muslims
the rights to control their own wealth and property.
In similar situations wajib kifa'i[5] becomes wajib
'aini[6] as the necessity is concerned. For example:
If an Islamic state, based on Islamic rules, requests
that the Muslim country is in need of scientific
specialization in special branches of science because of
the general interest and it demands that some qualified
individuals should do their duty concerning this
specialization. This specialization becomes wajib
'aini which was hither-to wajib kifa'i. Thus
it becomes obligatory for concerned individuals to
specialize in such fields.
Another example is, if a truly Islamic state gives the
responsibility or a post in the governmental system to
qualified individuals, it becomes obligatory for such
individuals to respond to the state's decision without
having the right to refuse except in case of a reasonable
legal excuse. There are many different examples
concerning this subject which are outside the purview of
this book.
Before proceeding further, we state once again that
such changes in the original hukum are only of a
temporary nature caused by expediency in the interests of
an Islamic state and the society, and certainly not
against public interests. It should, however, be kept in
mind that there is no other viable solution except this
temporary change under pressing circumstances, and solely
in the interest of Islam and Muslims, by a competent
Islamic authority and in conformity with the Divine laws
of the Supreme Law-Maker and His Wisdom.
The change of divine judgements - caused by urgent
circumstances- does not mean to play with the spirit of Shari'ah
or scheme against its aims at the whims and narrow
interests of unqualified leaders or so-called experts. It
is not correct to take this capability in the Islamic Shari'ah
as a mean (a cover) to change the judgements and laws or
play with them according to one's own will.
This change in judgements has special principles and
rules which should be followed in a way which leads to
the guarding of principles and rules related to
formulating and discovering laws in general.
Regarding the change of judgement- which comes out of
a case of expediency - the new judgement has not only its
legitimacy as the first one but is also considered as
commandment binding upon the concerned group or society.
Likewise, if fasting is compulsory for every mukalf
person, provided that some conditions are met, it becomes
prohibited for the sick. The prohibition of such fasting
becomes like any other legal prohibitions and the sick
person's fasting becomes a forbidden act which deserves
other laws.Major
Prohibitions In Islam:
If we study the forbidden things in Islam deeply and
in detail, we will find that proscribing them is a step
taken by Islam to protect humanity from perverse conduct
and keep it away from dangers and evils.
Through these injunctions Islam protects man's psyche,
body and soul within the individual sphere, and it
safeguards other human relations and community life,
within society from the risks of subversion, perversion
and decadence.
Ideologically, Islam makes unbelief and distrust in
Allah haram. Also, attributing injustice,
incarnation and the like, to Allah the Glorious is haram.
Islam also makes haram superstition,
charlatanism, blind imitation and anything that enslaves
the mind's inquisitive and creative activity, and
prevents a good understanding of life and existence. The
relationship between man and Allah remains firm and
binding, as it is the source of all human conduct and
orientation, and it is the stimulus that moves it on the
right path.
With regard to man's self, Islam makes haram
anything that may lead to pollute man's inner life, kill
his conscience and moral intuition, and that which may
change his life to total misery and helplessness, and his
conduct to an animalistic one devoid of any human
feelings. Thus Islam makes malevolence, hatred.
despondency, mistrust, etc. haram, in order to
uplift the human soul to the highest level of perfection
and cleanliness, and to protect and purify it from
unhealthy traits and crookedness of conscience.
With respect to man's body, Islam makes haram
all the activities, practices, and actions that are
detrimental to health. Therefore, wine-drinking,
adultery, eating the flesh of swine, dogs and many other
unhealthy animals or for that matter animals killed by
strangulation, carrion, and blood are all haram.
When Islam protects man's psyche and his body on the
one hand, it pays due attention to protect the community
from crime and harmful practices in the domains of
sociology, politics, economy, the judiciary, education
and so on.
Accordingly, Islam makes haram, oppression,
usury, monopoly, cheating, theft, telling lies,
backbiting, false witness, cursing, bribery, homicide,
gambling, teaching and spreading harmful ideologies and
ideas like those made popular through pornographic
literature, films and pictures.
By so doing, Islam secures the health of both the
individual and the society.
Islam rules that carnal sins which constitute the most
grave danger to man and environment are haram.
A good look at these sins, and a deep pondering over
them in the light of social experience, scientific
research and sound thinking, illustrates to what degree
they are dangerous to both the life of the individual and
the stability of the society, and so helps one to
understand the wisdom behind making these deeds haram
in Islam.
It is of a great benefit to cite these prohibited
things, which Islam warns Muslims not to commit, as
painfully severe punishment is in store for them should
they commit such acts, which if committed, may endanger
life and social order.
The following are the main haram things:
1. Polytheism. 2. Desperation and despondency about
one's fate and the idea that Allah will never have mercy
on him. 3. The belief that Allah will never punish
oneself. 4. Undutifulness towards one's parents. 5.
Homicide. 6. Falsely accusing a married woman of
committing adultery. 7. Taking away the orphan's
possessions and money unjustly. 8. Fleeing the
battlefield of jihad. 9. Usury. 10. Adultery. 11.
Sodomy. 12. Witchcraft. 13. Perjury. 14. Bearing false
witness. 15. Concealing testimony (about something one
knows and can help establishing justice by giving it).
16. Drinking wine. 17. Breaking pledges. 18. Cutting off
relations with one's near of kin. 19. Emigration from the
Muslim homeland to a place where one's faith becomes a
risk. 20. Theft. 21. Telling lies about Allah, His
Apostle, Imams and common people or attributing to them
something which they did not say. 22. Cannibalism. 23.
Drinking blood. 24. Eating swine or flesh of animals that
are slaughtered without mentioning Allah's name on them.
25. Ill-gotten money earned by selling wine, or gained
through prostitution, dancing, as well as money gained
through bribery, and the salaries given by the oppressive
regimes when one cooperates with them to prop up
injustice and implement their corrupt schemes. 26. Giving
short measure and weight. 27. Supporting the oppressors.
28. Pride. 29. Extravagance. 30. Squandering money. 31.
Fighting the faithful and callers to Islam. 32. Working
as dancers and musicians. 33. Backbiting. 34. False
accusation. 35. Cursing the faithful, insulting and
humiliating them. 36. Talebearing. 37. Pandering or
acting as pimps. 38. Cheating. 39. Sanctimoniousness. 40.
Hypocrisy. 41. Ignoring or belittling one's sins and
transgressions...
Apart from these forbidden actions there are a lot
more which result in corruption, haram and the
ruination of life.
Haram acts are the plague and the greatest
danger threatening the life of both the individual and
society. Only by steering clear of them, can humankind
protect and preserve their body and soul from decay and
perfidy.
Medical, social and psychological studies have
recently uncovered the grave dangers caused by the haram.
Astonishing figures are emerging from research
institutes, about the crimes, ailments and anomalous
phenomena and cases in the communities that have dropped
the concepts of halal and haram from their
behaviour. Such statistics show how urgent it is and
necessary to set to work in saving the human race and
finding a way out of the predicament in which they
wallow, after discarding the divine values and yielding
to the bestial way of life. They should return to the
straight path of Allah, which is the proof of the
Almighty's kindness, mercy and generosity.
