The following is a transcript of a talk delivered on this subject.
As da’wa carriers it is vital that we all adhere to the Shariah of Allah (swt) completely, as we are Muslims first and then da’wa carriers. Therefore we are all Ibadallah – slaves of Allah (swt) and are obligated to follow all of his commands and avoid all of his prohibitions.
As da’wa carriers we would be hypocrites if we were calling for the implementation of the shariah and not following the shariah ourselves.
The Muslim is commanded to conduct his actions according to the Shari'ah rules. Allah (swt) says:
"No by your God, they shall not have true belief until they make you judge in all disputes between them, and find in their souls no resistance against your decision, but accept it with the fullest conviction." [TMQ 4-65]
He (swt) also says: "Whatever the Messenger brought you take it and whatever he forbids you abstain from it and fear Allah." [TMQ 59-7]
Therefore, the Muslim should in principle abide by the Shari'ah rules. Besides the Shari'ah principle states: “Every action requires a shariah rule and every rule requires a daleel.” In other words, no matter should be given any rule whatsoever before the advent of the rule of Allah pertaining this matter. The Shariah rule is: “The address of the Legislator related to the actions of the servants.” Therefore, anything that has not been mentioned in the address of the Legislator cannot be considered a Shari'ah rule.
If a Muslim wanted to perform any action, it would be incumbent upon him to abide by the rule of Allah (swt) pertaining that action; thus, he must search for that rule until he recognises it and abides by it. This is what the verses and the Ahadith have indicated clearly. Therefore, it is forbidden for a Muslim to undertake any action or to act towards anything in contradiction to the Shari'ah rule; he should rather abide by the Shari'ah rule in every action he undertakes and in every matter. After Allah (swt) revealed:
"Today, I have perfected your Deen for you, completed my favour upon you and have chosen for you Islam as your Deen." [TMQ 5-3]
And after He (swt) revealed: "And We have sent down to you the Book explaining everything." [TMQ 16-89]
There is not any action left without a Shariah rule and evidences that establish it from the Quran and the Sunnah. It is forbidden for anyone, having perceived these two verses, to claim that some actions and some things or some situations are devoid of the Shari'ah rule, meaning that Shari'ah has completely ignored.
Every action has a hukm either Wajib/Fard, or Mandub, or Haram, or Makruh or Mubah.
In fact the meaning of Taqwa itself is to follow the commands and prohibitions of Allah (swt).
The son of ‘Ali (ra), Al-Hasan (ra) once said, “The people who have taqwa (al-muttaqoon) are the people who avoided whatever Allah (swt) has prohibited and have done whatever Allah (swt) has ordained.”
‘Umar ibn Abdul Aziz (ra) once said, “Taqwa is not by fasting the day and not by praying the night. And its not by mixing between the two of them. But taqwa is leaving what Allah (swt) has made Haram and by doing what Allah (swt) has made Fard. After one has done this, Allah (swt) will provide good things for that person.”
Sometimes it is possible that we may overlook the details of the shariah rules when it comes to our lives and may even be unaware of them. This is unacceptable for the Muslim and especially the da’wa carrier.
So today I want to give some examples which we think are relevant to us in terms of follwing the details of the shariah rules. As many of us come from backgrounds where we are not used to following the shariah rules in many areas. The areas I will focus upon are mainly to do with the social and economic rules.
Mixing between men & women
Islam has restricted the relationship between unrelated men and women and only allowed it in certain circumstances.
This separation is established by the overall Ahkam Shari'ah (divine rules) addressing the man separately, the woman separately, and both of them together. It is also established by the Qur'anic speech to women as women and men as men such as Allah's saying:
"The men and women who give charity and fasting men and women, and the men and women who guard their chastiity and the men and women who remember Allah much..." [Al- Ahzab: 35]and other verses. Such a segregated type of life is also reported as the actual practice in collective form since the days of the Prophet and throughout all the times of Islam.
In Islam, the basic principle of the interaction between men and women is segregation. This means that in all areas of life and in all places whether private or public, contact between men and women is generally prohibited. Many evidences establish the principle of not mixing between the sexes, and there are many ahadith which clarify that this is the case in both public and private areas:
Abu Daud narrated that the Prophet (saw) said, "The best row for men is the front row, (furthest to the women's row) and the best row for women is the back row and the worst is the front row (just behind the men)."
Ibn Umar said, "The Prophet prohibited men from walking between two women." Abu Daud.
Abu Daud narrated that the Prophet (saw) saw men and women outside the mosque moving side by side in the crowd. He stopped the women saying, "It is not proper for you to walk in the middle of the path, you had better walk along the walls."
This means that the Muslims should avoid contact with members of the opposite sex, whether Muslim or not, as a general rule. However, there are exceptions to this general rule, where the mixing or interaction between men and women is permitted in certain situations.
For example, it is permitted for men and women who are Mahrem to each other to mix freely for any purpose that Islam permits. As well, there are certain areas where it is permitted for non-Mahrem men and woman to interact with each other, such as for the purpose of Da'awa (invitation to Islam) or trade. However, the type of mixing that can occur here is not free, and is restricted by the shari'ah to be within certain guidelines and boundaries, and the Muslim must be sure to understand these before any type of mixing takes place. The ahkam (rules) to do with mixing also vary with regard to the kind of place in which the mixing takes place.
1) Medicine: It is allowed for men and women to mix for the purpose of seeking medical treatment. The Sahabiyat used to treat the Sahaba and the Prophet (saw) consented to that.
2) Da’wa: It is allowed for men and women to be present in the same class if the purpose of their mixing is learning about Islam or other types of education permitted by the Shari‘ah. The sister of Umar (ra) was being taught from the Quran by Khabab ibn Arrat (ra) with her husband when Umar entered upon them. It has been narrated that Umm Salamah and Aisha (ra) who used to do da'wa to men and women
3) Marriage: If a man is looking to marry a woman then he is allowed to talk to her about issues related to finding out about her and related to the marriage. A man came to the Messenger Muhammad (saw) to ask about marrying a girl and the Prophet (saw) told him to go and see her i.e. see her in her Mahram’s presence.
4) Duress or Compulsion: At times of absolute necessity or emergency, such as earthquakes, war or hurricanes, the necessary mixing is permitted for men and women in order to remove any danger or threat.
5) State arrest: The evidence for this is from Uthman and Umar (ra) said, "O women, cover yourselves we are entering" and he entered a house to arrest someone with his army and there was Ijma of the Sahaba (consensus of the companions) on this.
6) Eating: In Surah Nur Allah (SWT) says:
“The blind is not to be blamed, the crippled is not to be blamed, nor is the handicapped to be blamed, just as you are not to be blamed for eating at your homes, or the homes of your fathers, or the homes of your mothers, or the homes of your brothers, or the homes of your sisters, or the homes of your fathers' brothers, or the homes of your fathers' sisters, or the homes of your mothers' brothers, or the homes of your mothers' sisters, or the homes that belong to you and you possess their keys, or the homes of your friends. You commit nothing wrong by eating together or as individuals. When you enter any home, you shall greet each other a greeting from Allah that is blessed and good. Allah thus explains the revelations for you, that you may understand.” [TMQ 24:61]
For men and women to eat together is permitted in the places mentioned in the verse such as the home of your fathers or your friends as it says, “You commit nothing wrong by eating together or as individuals”.
However people should be careful that even though eating together with the women at a friends house is permitted that they should leave once they have eaten and beware of socialisation with the opposite sex which would be exceeding the permit.
7) Silat ar-rahm (maintaing the relationship between kith and kin): It is allowed for non-maharam relatives to sit with their non-maharam (people to whom marriage is permitted) for the sake of silat ar-rahm as long as it is without khalwah (privacy). There exist a number of hadith concerning the keeping of good relations with the relatives.
It was narrated by Anas b. Malik that the Messenger of Allah (saw) said: "Whoever loves that he be granted more wealth, and that his lease of life be prolonged, then he should keep good relations with his kith and kin". It is narrated by Abu Hurayra that the Prophet (saw) said: "Allah created His creation, and when He finished it, the womb got up and said, I seek refuge with you from Al-qatia (ties being severed with me)". On that Allah (swt) said: "Don’t you accept that I bestow my favours on him who keeps your ties, and withhold My favours from him who severes your ties?" On that it said, "Yes, Oh my Lord!" Then Allah (swt) said: "That is for you".
However it is not allowed to mix for the purpose of entertainment or just to socialise. For example the Prophet (saw) used to leave when Aisha (ra) friends used to come as it is not allowed to socialise with your sisters or wives friends if they are not related. Another example which is common today is the mixed weddings.
The Mixed party in weddings is haram. This includes the entrance of the bridegroom to the women’s room, sitting on the bridal throne besides his bride, taking photos for and the celebration of the women with him, when they are usually uncovered particularly if they are not mahrem to him. All of such mixing is haram as it mixing for a purpose which Islam did not allow i.e. entertainment. There should be separate halls for men and women or there should be a partition which would stop the women being seen, this should be at least a shoulder height partition.
We know that in reality today many weddings contradict these ahkam and even before the weddings such as mixed mehndi parties where the women and her friends play tricks on the groom to be and his friends. I know many brothers look for the halal alternatives – so when they attend their relatives weddings they ask to sit in a separate room or place which is physically segregated from the women. This creates problems with some relatives and families who do not follow and understand the shariah rules. But as Muslims we must understand that life is a test – in these are part of the tests from Allah (swt).
In some places the da’wah carriers are tested with their lives through torture, removal from their jobs, arrest and harassment of their families and they stick to the Deen. So who are we, if we cannot stick to the shariah rules just due to upsetting some people or our relatives?
Khulwa - Seclusion
Khulwa relates to the presence of a non-Mahrem man and women being on their own together without the presence of a Mahrem or any other person. This could happen in a private place, or a public place. In either case Khalwa is forbidden from Islam, and both the man and women involved are sinful.
Khalwa in a private place: This could occur in any place that requires permission for entry, such as a house or bedroom in a residence building.
Khalwa in a Public Place : This could occur in any public place whose nature is that no other person people would be likely to pass by or come there. Such a place would be in a forest or an isolated room in a university or at work.
Muhammad (saw) said, "If a man and a woman are alone together in an isolated place, then the third is Shaitan."
Responsibility to family
Allah (swt) says: ‘Ward off from yourselves and your families the Fire...’ [TMQ At-Tahrim: 6].
This Ayah makes it obligatory upon us to maintain ourselves and our direct family such as our children, wives, brothers and sisters abide by the ahkam shariah and avoid the hellfire.
There are different shariah rules dealing with the different types of direct relations. I will address some aspects of these rules which we feel are relevant:
Children: It is our Fard to culture our children with the understanding of the Deen and to encourage them in following the shariah rules.
Reported by Ahmad, Abu Dawud that the Prophet (saw) said: ‘Order your children to pray at the age of 7 and beat them when they are 10 (if they do not pray) and separate their beds.’
This means that we have to order our children to pray – we are responsible for this. They should pray at 7 years old and if they do not by 10 years we should beat them lightly, this does not mean that we beat them heavily in a haram way. The scholars said that the beating meant here is by a miswak and not harshly – it is more for the psychological effect.
It is not allowed to leave our children to be cultured by the Kufr society around us such that they are left for ours absorbing the corruption from Zee TV and the bollywood movies – without refuting such corruption and working to build the Islamic personality within them. It is not acceptable for them to start imitating the practises of the Kuffar while we do nothing, for example – when children participate in school events like Valentines day or celebrating the festivals of the Mushriks and Kuffar. The Prophet (saw) said, “Whoever imitates a people is one of them”.
If we spend so much time trying to ensure that our children get good education then how can we ignore their culturing with Islam?
How do we fulfil this duty? The Prophet (saw) said, “Each one of you is a guardian and he is responsible…The man is a Shepard and he is responsible over his family”. The Prophet (saw) also said, “If you see a munkar change it with your hand, if you cannot then with your tongue and if you cannot then hate it in your heart and that is the weakest of Iman”.
So if we are capable and the shariah has given us the right to stop a munkar by our hand then we are obliged to do so. So for example for our daughters we can prohibit them from leaving the house if they do not wear the Hijab and Jilbab as we are their fathers and shariah has given us this right. Also we can make our children pray.
However the meaning of changing the munkar means that we should attempt to change their thinking and behaviour – not just to prohibit them in a robotic manner but to change their concepts and criterion for action. This means we must make the attempt to engage in da’wa with them.
Ibn Majah narrated that the Prophet (saw) said, “Teach your children and teach them properly”. Ibn ‘Abbas narrated that the Prophet (saw) said, “Act upon the obedience to Allah and avoid the prohibitions of Allah, and order your children to abide by the commandments of Allah and to avoid the prohibitions of Allah, and by that you protect yourself and them from the Hellfire.” [Ibn Jurayr]
Allowing children (under the age of puberty) to be sent to schools where Kufr is taught to them is haram.
There are general texts regarding seeking knowledge. He (saw) said: ‘Seek knowledge’. This is general (‘aam) and includes all types of knowledge. So it is allowed for the Muslim to learn any discipline/science but if these sciences lead to a harm (Darar) then learning such sciences would be forbidden and the other sciences would remain permitted in accordance with the Shari’ah principle which states: ‘If any aspect of a permitted thing leads to a harm, then that aspect is prohibited, but the thing remains permitted’. Hence learning something, which causes one to deviate from the beliefs (‘aqaa’id) is considered a harm and learning such harmful ideas will weaken and effect children easily. Therefore, it is forbidden to send children to schools of the Kuffar, which teach the Kufr thoughts and beliefs on the primary level. This is because children are affected by what they learn at this level, and the family is ordered to protect its family members from the Fire of hell. Allah (swt) says: ‘Ward off from yourselves and your families the Fire...’ [TMQ At-Tahrim: 6]. Protecting their children from the fire would be by not sending them to the schools of the Kuffar that teach Kufr beliefs and thoughts.As for the existing schools of the Kuffar in the Muslim lands which teach the same curriculum taught in Muslim schools, it is not forbidden to send ones children to them. This is because their reality differs from the schools of the Kuffar in Kafir countries, which teach Kufr beliefs and thoughts. Also, just because one of the teachers is a Christian does not mean it is forbidden to study in this school, because the education is linked to the curriculum taught. So if Kufr beliefs and thoughts are not taught in a primary school and the lessons are from the general sciences then it is allowed for children to study there, whether the teachers are Muslims or if one of them is a Christian. If the one who teaches Kufr beliefs and thoughts is a Muslim it is Haram for the children to learn this from him. The fact that the teacher is a Muslim does not make the children’s study of Kufr thoughts and beliefs from him Halal.
Wives:
Allah (swt) said: “The man is the guardian of the woman”
This means that the man is the Amir and guardian of the household but not the master as people conventionally portray. Guardianship means responsibility. Similar to our children we have a duty to embed Islam within our wives. When many of us came into the da’wa we may have already been married for a number of years and our wives may not have been practising Islam fully. However this does not mean that we become da’wa carriers and we leave our wives as they are and make minimal attempts to change them and make them Islamic personalities and da’wa carriers as well.
We are not absolved from the duty to build Islam within our wives and making them adhere to the shariah rules just because we are da’wa carriers. We cannot just leave our wives to be cultured by the Bollywood movies and kufr propagated in the media and society. We should aspire to make our wives like Aisha (ra), Khadija (ra) and the other wives of the Prophet (saw).
Economic issues
We have to be careful of being affected by secularism such that we separate Islam from our lives such as our economic dealings. We must seek the hukm shari before undertaking any actions.
In this area there are many issues which can be overlooked. I will not go into the issue of Riba as it is well known that it is haram in all its forms whether giving, taking or being part of the transaction of Riba even as a witness. I have selected issues that sometimes may be overlooked.
Rishwah (Bribery)
The system of Rishwah or bribery is very common in most of the third world for example bribing the police, government officials such as for getting planning permission for building or maintaining electricity or water supplies, education officers and the like.
Bribery is basically when someone in any position takes an action which is not obliged upon him by his contract in exchange for money or another benefit. So as an example you get stopped by police for something and you pay them to let you go. Bribery is not a wage, as the wage is defined according the legitimate shariah contract.
Bribery is forbidden by the explicit texts. Ahmad and Abu Dawud and Tirmidhi and ibn Majah narrated from Abdullah bin Amur who said: The Messenger of Allah (SAW) said: “Allah cursed the briber (rashi) and bribe-taker (murtashi).” Ahmad narrated from Tawban who said: “The Messenger of Allah (SAW) cursed the briber, bribe-taker and the mediator meaning the one who walks between the two.” These ahadith are general covering all bribery whether it is seeking a right or something null whether it is seeking to repel a harm or gain a benefit, to remove imposing injustice; all are forbidden. There is no illah or shariah reason for why bribery is haram. It is haram in all its forms, full stop as the texts are absolute on this issue.
Insurance
Today many forms of insurance exist such as insurance on property such as houses, life insurance, vehicle insurance and the like.
Insurance whether on life, goods, property or any of its numerous types is a contract. It is a contract between the insurance company and the insuring person in which the latter asks the insurance company to give him a promise (ta’ahud) that it will compensate him for that thing (‘ayn) which is spoilt or destroyed or for its price with regard to goods or property, or a certain sum of money with regard to life and the like. This takes place if the specified accident/incident (haadith) occurs within a defined period, in exchange for a certain amount of money (premium); and the (Insurance) company accepts this.
All forms of insurance are haram. Insurance is haram due to different reasons. One of the main reasons is:
It is a contract because it is an agreement between two parties, and it includes offer and acceptance, where the offer is from the insuring party and the acceptance is from the company. So in order that this contract be legitimately valid from the Shar'a (divine revelation) point of view, it must contain the Shar'a conditions of the contract. If it contains such conditions it becomes valid, otherwise not. From the Shar'a point of view, the contract should apply upon an object (‘ayn) or a benefit. So if it did not apply upon either a thing or benefit it would be invalid, because it would not apply upon a matter that makes it a legitimate contract. This is so because the legitimate (Shar'a) contract applies either to a thing/object in exchange (for something else) as is the case with selling, company and the like, or it applies upon a thing without an exchange like the gift. Or it applies upon a benefit in exchange for compensation like leasing, or to a benefit without compensation like lending. Thus the legitimate contract must apply upon something.
The insurance is not a contract that applies upon an object or a benefit; rather it is a contract that applies upon a pledge i.e. guarantee (dhamana). The pledge or the guarantee does not represent an object for it cannot be consumed (istahlak) nor its benefit used; nor does it represent a benefit, because no benefit derives from that guarantee itself either by leasing or by lending. As for obtaining money based upon this pledge/promise, this is not considered its benefit; rather it is a result of a transaction. Therefore, the insurance contract is not considered to apply upon a thing or a benefit, and it does not include all of the conditions required by the Shar'a in a legitimate contract, so it is void.
Public Limited Companies (PLC)
Today many Muslims are involved in buying and selling shares in PLC companies on the stock markets. PLC companies are basically companies which float on the stock exchange to generate capital by selling shares, however when people buy these shares they do not have any liability on the company such as being liable for its debts or the business it engages in.
Islam prohibits Public limited companies and prohibits the stock market. There are many evidences from the Quran and Sunnah for this. E.g. Islam does not allow people not to pay their debts and if they are partners in a company they must repay the debts which the company owns therefore having the current share system is prohibited because the owners of the shares and not liable for any of the debts of the company. The Prophet (saw) said:
“He who takes money from people with the intention of paying it back, Allah will pay on his behalf, and he who takes it with the intention to waste it Allah will waste him.”
Other examples
There are many other economic ahkam that we may break due to ignorance, I will not go into their details – however we can read about them in our culture like in the book the Economic system of Islam and you can ask about them in the question and answer session.
For example:
Prohibition of transporting haram goods
If the prohibited goods which one wants to transport is alcohol then moving it is Haraam due the hadeeth mentioned regarding it. If its other goods such as canned meat of animals not slaughtered according to the Sharee’ah way or pork; if one is moving them to destroy them or discard them in refuse containers then it is allowed. However, if they are moved in order to benefit from them or take a wage for doing that such as the worker in shops. If he is hired to stack them or move them then this would be Haraam because this comes under benefiting from the Haraam.
· Selling things you do not have is haram
· The 5 types of company structures in Islam
· The rules of currency exchange
· The rules of contracts
In conclusion, we must stick to the Shariah of Allah (swt) and not deviate from it at all:
The Prophet (saw) said: “Any action done not in accordance with what I have brought it is rejected”
May Allah (swt) give us the strength to fulfil his commands and be of the Mutaqoon.
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