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The Islamic legislation is founded on particular bases and props that make it
suitable for all times, places and human beings. The most important reasons for
that are the following ones:
3.1 Facilitation and the removal of embarrassment.
Among these features there are lack of affectation on all what is imposed on
man, and allowing the forbidden in case of necessity. These tow features are
widely mentioned in the koranic verses as well as in the prophet's sayings (Ahadith).
The Almighty Allah say: «Allah never impose on any soul a responsibility that is
beyond his capacity » [Surat Al-Baqara/The Cow, 286].
«…And He have not imposed on you any embarrassment in religion»
[Surat Al-Hajj/The Pelgrimage, 78].
«…Allah do not want to impose on you any embarrassment» [Al-Mă'idah/The
Table, 6].
«…Allah want to facilitate it not to make it hard for you».
[Surat Al-Baqara/The Cow, 6].
«Allah want to lighten your obligations, for man is created weak»
[Surat An-Nisa /The Women, 28].
Allah the Passionate say also in His description of the prophet, may peace be
upon him: «…and he removes the burdens and the yokes that were on them…». [Al-Araaf/The
Heights, 157].
Besides, the prophet, may peace be upon him, affirmed this basis of facilitation
in many of his sayings. He said: «Facilitate things and do not harden them» He
also advised two of his followers (Sahaba) by saying «facilitate and do not make
things difficult, rejoice and do not feel loathing for people». He also said: «I
was sent with tolerant, straightforward and white religion».
«God like His permissions to be accomplished as well as His obligations».
«Do all what you are capable of, for God never get tired until you are exhausted».
«Perished are the fanatics/severs».
And when the prophet, may peace be upon him was asked about pilgrimage whether
it was each year, he answered: «if I say yes it becomes obligatory, stick to
what I left. Those who were before you were perished because of their
questioning and their contrast with their prophets»
In another report he said: «If I forbid something avoid it, and if I command it
do what you are able of » It was proved that when the prophet, may peace be upon
him, was let to choose between tow things, he always chose the easiest one
unless it was sinful.
3.2 To preserve people's interests.
The one who examines the instructions of the Islamic charia, it becomes
clear to him that its main aim is the realization of people's interests. The
latter is among the primordial concerns of the charia in general. A thing which
gives it suitability at all times and places.
Among the texts that argue in favour of this idea, are the followings:
The Almighty Allah say:
«And we did not send you but as a mercy to humanity» [Surat Al-Anbiyă/The
Prophets, 107].
«And we take from Koran what is cure and mercy for the believers» [Surat Al-Isră/The
Nocturnal Trip, 82].
«…He order them to do the acceptable and forbid the blameworthy, He make lawful
the good things and He prohibit the bad ones…» [Al-Araaf/The Heights, 157].
«This is the source of clarity, a guide and a mercy for those who believe with
certainty» [El-Djâthia /The kneeling, 20].
«Indeed, this Koran leads people to what is straitforward» [Surat Al-Isră/The
Nocturnal Trip, 9].
And from the Sunna his saying, may peace be upon him :
«Do not harm people and do not contend with them » i.e. do not harm people and
even if they do any harm to you, do not do the same for them. And his permission
for visiting tombs, though it was forbidden in the past, in the sake of
achieving an interest. The prophet, may peace be upon him said:
«I had advised you not to visit graves, now visit them because they remember you
of the everlasting life »
We deduce from these texts that the charia is built and based on rules and on
the people's interests either in their lives or their everlasting life. The
charia itself is all justice, mercy, interests and wisdom. Each affair that
passes from justice to oppression, from mercy to hardness, from interest to
mischief, and from wisdom to non-sense, is undoubtedly, not from the charia
inspite of the existence of different sorts of interpretations.
3.3 To ensure justice among people.
This is among the solid bases upon which the Islamic legislation depends.
Many texts aim at impressing this principle on people's mind. Some of them call
at the establishment of justice, others call at breaking loose from injustice.
Among the texts that shed light on justice are the following ones:
1-«Indeed Allah order justice (equity), charity and the visit of your relatives»
[SuratAl-Nahl/The Bees, 90].
2-«Indeed, Allah command you to give back the deposits (things intrusted to your
care) and when you judge between people, judge with justice and equality» [Surat
An-Nisa /The Women, 58].
3-«O believers, be strict in your obligations towards Allah and be fair
witnesses. Do not be incited by the hatred of any people to be unjust. Be just,
it is closet to piety» [Al-Mă'idah/The Table, 8].
Among the texts that deal with unfairness, we may cite the following:
1-« The unjust have neither a zealous friend nor an intercessed to be heard»
[Surat Ghâfer/The Forgiver God, 18].
«Do not think that Allah is not aware of what the unjust do, but He grant them a
time limit(a delay) until the day their eyes (look) will be fixed (without
movement)» [Surat Abraham, 42].
The prophet, may peace be upon him said: «Injustice is darkness in the doomsday»
i.e. the one, in this low world, is unjust toward his next will endure many
punishments in the Day of Judgment.
He also said: «What ruined those who were before you, was that, when a noble
among them stole, they forgave him, and when a weak among them robbed, they
punished him. By God, if Fatima the daughter of Mohammad steals, I will be the
one to cut her hand».
3.4 The gradation /progression in legislation.
The Koran and the Sunna did not come at once (at the same time). But they
lasted a long time, the whole period of the message. Its instructions were
legislated gradually in order to achieve the principles previously mentioned,
and to ease and alleviate things for people. In fact, progression goes alongside
the natural disposition of man. Going slowly and gradually from one thing to
another is what the natural disposition of man need in order to be changed and
promoted.
The process of change, in general, needs gradation. It is impossible to change
the situation or the condition of any society at one time .But, rather, it
demands a certain period of time. This is true even for the Islamic societies
which are different as far as their way of dealing with the Islamic legislation
is concerned.
The actual situation of Islam varies from one country to another. Some stick
firmly to its instructions and others do not. When there is little deviation
from its rules, the provision of a change that agrees with the charia's laws is
not very difficult to be achieved. But, in case the deviation is flagrant and
the society itself is not predisposed to such a change, it is difficult, if not
impossible for these people to be affected by them if they are all given at the
same time
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