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The Islamic Sharia between stability and flexibility 01.
The Islamic Sharia is suitable for every human being and appropriate to each time and place. The Almighty Allah said: «Then we entrusted you to convey our message, so follow it, and do not follow the vain desires of those who do not know». [Surat Al-Jâthia/The Kneeling, 18]. «And we did not send you but as a mercy to all beings». [Surat Al-Anbiyâ'/The Prophets, 107]. Among the characteristics of the Islamic Sharia, we mention mingling between stability and flexibility. - The stability of the Islamic Sharia (the zone of the definitive matters) guarantees the constancy and firmness of belief and the solidity of the moral structure of human being and society. This feature exists in the original sources of the Sharia (the Noble Koran and the Sunna). - The flexibility of the Sharia (the zone of the dubious matters) permits its adjustment to the new matters, especially by the appearance of the contemporary scientific revolutions: technological, biological… This characteristic exists in the sources of diligence: Istihsan (presumption), El-Massalih El-Murssala (the unrestricted interests)…
I. Stability in the Islamic Sharia. Many legal texts affirmed the existence of definitive and totally clear verses. The Almighty Allah said: «Allah is the one who revealed the Book, some of its verses are definitive, and these are the essence of the Book…». [Surat Al-Imran/The Family of Imran, from the verse 07]. These texts include many domains:
- Belief: some texts implant and consolidate monotheism, the belief in the messengers, the Angles, the Book and the Day of Resurrection. The Almighty Allah said: «The Messenger believes in what has been revealed to him from his Lord, and so do the believers. They all believe in Allah and His Angels and His Book and His Messengers. We make no distinction between any of His messengers, and they say: "We hear and we obey, we implore your forgiveness our Lord, and to you is the destiny». [Surat Al-Baqara/The Heifer, 285]. «O you who believe! Believe in Allah and His messenger and the Book which He has revealed to His messenger, and the Scripture which He has revealed before, and whoever disbelieves in Allah and His Angels, His Books, His messengers and the Last Day, has surely gone astray into far error». [Surat An-Nissâ'/The Women, 136].
- Worship: there are many texts that emphasizes on the five pillars of Islam. The prophet -may peace be upon him- said: «Islam is based on five pillars: the two Shahadat (there is no god but Allah and Muhammad is His messenger), performing prayer, paying alms, fasting during the whole month of Ramadan and making pilgrimage for the one who is able». [Reported by El-Boukhari and Muslim]. - Transactions: some texts (Ahadith) show and demonstrate the lawful and the forbidden matters. The prophet -may peace be upon him- said: «What is lawful is clear and what is unlawful is clear, but between them are certain doubtful matters which many people do not know. Thus, he who guards against doubtful matters keeps religion and honor safe, but he who falls into the doubtful, falls into what is unlawful, just as a shepherded who pastures his animals around a sanctuary, and Allah's sanctuary is His prohibitions. Surely, there is a piece of flesh in the body, if it is healthy, the whole body is healthy, but if it is diseased, the whole body will be diseased. Surely, it is the heart». [Reported by El-Boukhari and Muslim from En-Nűmân bnu Bashir]. Indeed, Allah allowed all what is good and forbade what is evil and harmful like killing the self, usury, sorcery, false testimony… There are also some definitive injunctions concerning marriage, divorce, inheritance, retaliations and punishments. Eshâtibi said: "…Indeed, the definitive injunction remains as it is until Allah inherits the earth and all what is in it". - Morals: many definitive texts in the Noble Koran and the Sunna emphasized on the high values and morals, which preserve the Muslim society from division and corruption, like faithfulness, trustworthiness and truth. |
