Nitham - Ch 7 - 14 - Submission 01

Chapter 7

Hukm Shari

Reference: Summary: Speech of the creator related to actions Conclusively poroven Definitive meaning Issues such as jizyah are inconclusive because the ayah related to it has qati thaboot but not qati dalala. Maujtahid: who does ijtihad Muttabi: who adopts ijtihad via understanding daleel Ammi: just follows the opinion without asking about daleel Chapter 8

Types of hukm Shariah

References: Summary: Actions are categorized into types in Islam: They fall under -> Fard / Madoob / Mubah / Makruh / Haram

Chapter 9

Sunnah

References: Summary: Means method linguistically. Shariah gives it meaning of recommended. However it should not be understood just because hukm was narrated by Rasul(saw) that’s why its always a recommended action. Sunnah also means Shari evidences which comes from Rasuk(saw) which include speech, actions and consent. Chapter 10

Emulating actions of the messenger(saw)

References: Summary: Actions performed by Rasul(saw) one of two kinds: 1 part of his nature

2 other actions 1a can be categorized as mubah actions 1b actions specifically proven for him(saw) only eg marrying more than 4 wives 2a actions demonstrated for us to follow have daleel ie pray and fasting

Chapter 11

Adpoting Divine Rules

Reference: Summary: During the era of companions the muslims used to extract rulings and perform ijtihad. Khaleefah used to adopt certain ahkam to order the execution throughout the state. Qaida: The imam’s adoption resolves the discord.

Chapter 12

Constitution and Canons

Reference: Ruling system of islam Summary: Canon and constitution are technical terms which mean basic law which is the constitution and laws emanate from it are called canon. Constitutions have different origins; british constitution is through customs and norms others by the national assembly. Are these terms permissible to be used in Islam? Since these terms do not hold any specific kufr connotations we are allowed to use them. Islamic sources of constitution and canons are entirely different from other viewpoints. There is a necessity of adopting rules. Is it in the interest of the muslims to lay down a detailed constitution and canons?

The answer is that a detailed constitution and canons hinders the path of ijtihad. However if the level of the ruling people is not mujtahideen then its fard to adopt rules with understanding the evidences by which the khaleefah and wulah and judges govern people. While adopting rules only Islamic shariah needs to be considered nothing else. The subject matter has to be studied – the daleel from islam has to be studied and then applied to the issue. The muslims should understand that the Islamic constitution is from Islam ie shariah of Allah(swt). So any article which in adopted must have a daleel from islam.

Chapter: 15

A draft consitution

Reference: Islamic-state.org Question: in article 4 when it says that khalifah does not adopt thoughts related to the aqeedah….when khalifah mamoon adopted the concept of “quran was created”, does that come under this article? Summary: Article 1 Islamic creed constitutes the foundation of the sate. Nothing unislamic can exist in the GOVT structure / accountability or any other aspect of GOVT. Article 2 Darul Islam is the entity implement islam and security is in the hands of muslims. Darul kufr is a kufr state whose security is in the hands of the kuffar. Article 3 The khaleefah is allowed to adopt ahkam shariah enacted as consitution and canons. Once this happens the muslims have to obey. Article 4 Khaleefah does not adopt divine rules pertaining to worship except in connection with zakah and jihad. Also he does not adopt any of the thoughts connected with the Islamic creed.

Article 5 All citizens of the Islamic state are entitled to enjoy the divine rights and duties. Article 6 All citizens are equal before the law. Discrimination on any level is not allowed. Article 7 The state implements the divine laws on all citizens: - divine laws are implemented entirely

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non-muslims allowed to worship death for apostacsy food and clothing non-muslims are treated according to their religion within the limits of shara martial affairs among non-muslims are settled according to their religion except between muslims the remaining matters are implemented by the state

Article 8 National language is arabic Article 9 Ijtihad is fard kifaya Article10 No cleargy in the state or in islam Article 11 Primary function of the state is propagation of islam Article 12 only 4 sources of evidences for divine rules Article 13 Everyone is innocent until proven guilty. Torturing is forbidden. Article 14 Ruling for actions should be known. Everything is permitted unless there is evidence to say otherwise.

Chapter 14

Morals

Reference: Adduonline.com(articles related to morals) Summary: Islam is a deen which the creator allah(swt) has revealed to our messenger Rasul(saw). Relationship are of three types: Man with man / man with god / man with society Islam exaplained various systems in details in three categories 1) ibadaat 2) muamalat 3) uqubat Islam did not put forward a detailed system for MORALS! Rather they are a consequence of the Islamic personality. Morals do not affect building of a society because society is build upon systems/individual/public opinion.

Morals have no effect in establishing the society or determining its revival or decline. The driving factor is the systems applied within it and thoughts people carry. Morals stem from thought’s which result from implementation of the system. To change the society we are not allowed to call for morals. Morals are a by-product of being a muslims. We cannot call for morality in pursuit of changing the system. Calling for morality reverses the Islamic concept about life. Islamic method to establish islam is through the establishment of Islamic state. Allah(swt) commanded us to be honest and we achieve this characteristic by following the shariah of Allah(swt). Shara has commanded us to have good morals and forbidden from bad morals. The way to acquire morals is not through call to morals but rather by establishing the thoughts and emotions. Initiation of this process requires a Islamic group. This group has to carry complete Islamic dawah to bring Islamic emotions and thoughts. The muslim is not characterized by thruthfulness for the sake of truthfulness but because Allah(swt) commanded the muslim to acquire this virtue. Morals are indinidualistic they do not form the fundamental pillars of a society. Society is to not improved by morals but by Islamic thoughts and Islamic emotions, and by implementation of islamic system.