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The Tradition of Islam and its Law
In order to understand the social and physical framework of Islam which embodies criteria for evaluating a Muslim housing environment, it is important to analyse the Islamic legal system. Through its concepts, sources and methods of application, this system, which is called sharÄ«āah, is the origin of the principles of these frameworks.
The Concept of Submission
Islam is a religion that gives due reference to the material world, as every traditional religion does. In his discussion of the social meanings of Islam, the contemporary Muslim scholar, M. Quraishi, analyses Islam into the following Qurāanic concepts:
- God is One, Sovereign, and Law-giver. His laws govern the entire universe, and thus humanity should order itself according with His laws.
- There is no compromise; only the individualās deeds will be taken into account before the Divine tribunal in the hereafter.
- Mankind is one and so is prophet-hood, because their origin is one.
- Oppression is to be fought; it is neither to be befriended nor ignored.1
Literally, the Arabic word āIslamā is rooted in the word āsilmā or peace. It is commonly understood by Muslims and others to mean submission or total surrender; that is, surrender of the believer to Allah or God and His order. Hence, a Muslim is a person who performs the act of surrender or who gives himself entirely to God alone, to the exclusion of others. Once he has accepted Allah as his only God and Islam as his only religion, he takes upon himself certain obligations. These obligations must always remain in his consciousness and constant effort should be made in their discharge.
Moreover, Islam combines another meaning: sincere devotion as expressed in the words of the Exalted One: āAnd a man belonging entirely to one masterā (Qurāan, Su. 39:29).2 Islam also means that God has no other partner. This requires the total submission of creativity to the service of God. Therefore, the two cardinal meanings of Islam: submission of the whole self to God and the performance of devotional works, should be devoted entirely to God and should conform properly with the Sacred Law.
Islam is based on the concept of tawįø„Ä«d or āunityā, the āunity of Godā. The modern scholar, Marwan Al-Kaysi, in his analysis of the behavioural system established by Islam, defines tawįø„Ä«d as āthe absolute one-ness and uniqueness of God, and rejects all kinds of polytheism, whether primitive or evolvedā.3 In another definition by Sayyid AbÅ«l Aāla Mawdudi (d. 1400 AH/AD 1979 ā dates follow this format throughout),4 one of the chief leaders of contemporary Muslim scholars, tawįø„Ä«d means that
only God is the Creator, Sustainer and Master of the universe and of all that exists in it ā organic or inorganic. The sovereignty of this kingdom is vested only in Him. He alone has the right to command or forbid. Worship and obedience are due to Him alone, no one and nothing else share it in any way.5
Islamic Law (SharÄ«āah)
According to Islam, the entire life of a Muslim is subservient to the will of Allah and Muslim society can never break from the law of God. The political order, social organisation, culture, economic policy and legal system of this society must be in tune with the code of guidance revealed by Allah in His Book (Qurāan) and the tradition of the Prophet (sunnah). This code of conduct is known as āsharÄ«āahā.
SharÄ«āah, establishes standards for the orderly behaviour of all aspects of Muslim life, both individually and collectively. It is translated as Islamic law, denoting both the provisions of law and its subsidiary applied sciences. In his book, SharÄ«āah: the Way to Justice, the modern Muslim theorist Khurram Murad states that sharÄ«āah literally means āāway to waterā ā the source of all life ā and signifies the way to God, as given by Godā.6 This in turn reveals that sharÄ«āah is, as a technical term, the body or structure of those institutions that God has ordered in full or in essence to guide the individual to God.
It should be understood that sharÄ«āah is much more than an ordinary legal system or merely a religious doctrine and law. The contemporary Muslim scholar, HammudÄh āAbd alāAtÄ«, highlights this issue as he defines sharÄ«āah as,
simultaneously religious law, natural and positive law. It relates man to God. Its origin is divine, its objective is human. It deals with the present and the hereafter, encompassing all aspects of human action, whether latent or manifest, open or hidden. It is at once universal and particular, absolute and relative, general and specific, strict and flexible. It tempers formal justice with equity, guarantees liberty, encourages excellence and fights abuse.7
SharÄ«āah, prescribes directives for the regulation of the Muslim individual as well as society. These directives inspire various human activities such as religious ritual, personal behaviour, morality, habits, family relationships, social and economic affairs, administration, the rights and duties of citizens, the judicial system, the laws of war and peace and international relations. About these directives, Mawdudi says,
They tell what is good and bad; what is beneficial and useful and what is injurious and harmful and what are the virtues which Muslims have to cultivate and encourage and what are the evils which Muslims have to suppress and guard against, what is the aspiration of Muslimsā voluntary, personal and social action and what are its limits and finally, what methods Muslims can adopt to establish a dynamic order of society and what methods Muslims should avoid.8
As sharÄ«āah is the embodiment of the concept of tawįø„Ä«d and its every detail springs from it, its structure rests on the concept of sovereignty and compliance with Godās will.
Regarding its objectives, sharÄ«āah answers the needs of human progress and provides the order of human life. It aims to ensure that human life is based on maārÅ«fÄt (good) and to cleanse it of munkarÄt (evils). According to Mawdudi, maārÅ«fÄt denotes all the qualities that have been accepted as āgoodā by the human conscience.9 On the other hand, munkarÄt denotes all those qualities that have been condemned by human nature as āevilā. In order to establish an entire scheme of life whose aim is to make sure that good flourishes and evil diminishes, sharÄ«āah has embraced in its scheme everything that encourages the growth of good and has recommended ways to remove obstacles that might prevent this growth. This gives rise to a subsidiary series of maārÅ«fÄt, consisting of ways of initiating and nurturing the good, and yet another set of maārÅ«fÄt, consisting of prohibitions in relation to those things which act as impediments to good. Likewise, there is a subsidiary list of munkarÄt which might initiate or allow the growth of evil.10
In his discussion of the points of view of sharÄ«āah on a number of economic issues, the modern theorist, Mohammed Chapra, mentioned that the great religious scholar Al-GhazÄlÄ« (d. 505/1111) defined the objectives of sharÄ«āah as āthe promotion of welfare of people which lies in safeguarding their faith, their life, their intellect, their posterity, their property and concludes that whatever ensures the safeguard of these five serves public interest and is desirableā.11
In its objective of facilitating daily life, sharÄ«āah removes from people harmful, burdensome customs and superstitions. Its principles are designed not only to protect man fro...