GOODGE ST MOSQUE HALAQA 30 /1 /2010 BY ABDULLAH HASAN

“Allah Al Hakim: (Allah the Legislator)”

Allah in the Qur’an

1. ‘The Lord of the Worlds’ (1:1)2. ‘The sacred King’ (59:23)3. ‘The true King’ (20:114)4. ‘The King of mankind’ (114: 3)5. ‘The owner of Sovereignty’ (2: 26)6. ‘The best of Judges’ (10: 110)7. ‘The Lord of the Lofty Throne’ (9: 29)8. ‘The King of Kings’ (95: 8)

Verses on the Sovereignty of Allah

1. ‘’To Him belongs the Sovereignty of the heavens and the Earth (43:84)

2. ‘’God is He, other than Him there is no God, the Sovereign, the Holy One, the source of peace and perfection, the guardian of faith, the preserver of safety, the Exalted, the Mighty, the Irresistible, the Supreme above all partners’’ (59:23)

1. ف� و� ه� ـ� و ف� ف� آ و��م ٱ ف�ي ف�ي � و ٱ و� ه� و�و� ل ٱ �ه ف�ي و� ل ٱ و� ه� و� ه� ـ� و ف� ف ل! و#" ٱل ي�ه في

2. ل% ٱ و� ه� و�" ف�ل و� ـ� و ف� و" ل ف�ي � و ٱ ه� &� و ٱ و� ه�ه' ف) ل( هم ل ٱ ه* و+ و��ل ٱ ه- ه�.� ه/ ل ٱ ه0 ف& و)ه1 ب2 �و و4 هم ل ٱ ه! 2� و و5 ل ٱ ه6 ف6ي و8 ل ٱ ه' فم لي و9 هم ل ٱو: ه;� ف1 ل> هي و�م و= ف� &� و ٱ و: و� ل2 ه<

Verses on the Sovereignty of Allah

3. ‘’To God belongs all power’’ (2: 165)

4. ‘’God carries out all that He wills’’ (22: 18)

ف? .3 و� و8 ل ٱ ه. ف.ي و@ و� &� و ٱ و�: و# و� ا فمي8 Bو ف� &� و Cو و�� ه/ ل ٱ و�: و#

ه� .4 آ و> وي و) Dه و8 Eل وي و� &� و ٱ و�: ف�

Verses on the Sovereignty of Allah

5. ‘’The authority rests with none but Allah. He commands you not to surrender to any one save Him, That is the right way’’ (12:40)

6. ‘’To Allah belongs the east and the west, and wherever you turn there is Allah’s countenance. He is All Embracing; All Knowing, Powerful, Supreme’’ (

5.

ل و� ه. ه2 ل8 Gو "� و و#ل و1 و) و# ف� &� و "� و ف�ل �ه �ل ه� ل ٱ ف: ف�ف0 ـ� و ه�و� بي و/ ل ٱ ه' ب.ي ٱ و0 ف Hـ Iه �ي و ف� "� و ف�ل

و: هم� و& ل8 وي و" ل ف- J� و ٱ و1 Kو ل; و# و�:

6. ه�% و� Gه وم Jو لي و# و� ه? ف1 Lل وم ل و�ٱ Mه ف1 ل> وم ل ٱ ف� &� و و�

Nو ه� ف< و� و� &� و ٱ و�: ف� ف� &� و ٱ ه� Bل و� �و� Kو و� ل ��ه في

Verses on the Sovereignty of Allah

7. ‘’Allah is the owner of Sovereignty. He exalts whom He wills. He has power over all things. He is Sovereign’’ (3:26)

8. ‘’It is Allah who created the heavens and the earth, His is the commandment over all things’’ (7:54)

7. ه� آ و> Gو و)' و0 ل& هم ل ٱ فGي ل( Gه ف0 ل& هم ل ٱ و0 ف و) �و� ه9 &� و ٱ Dف Oهه�% ف� Gه و� ه� آ و> Gو و)' ه�6 ف8 Gه و� ه� آ و> Gو ل' و�م ف) و0 ل& هم ل ٱ Nه ف6 JGو و�

ف.ي Oو ء� لي و@ Dب ه; Qـ و& و= و0 R� و ف� ه1 لي Sو ل ٱ Tو ف. وي Uف ه� آ و> Gو و)'ر�

8. ف� و ل! و#" و�ٱل Vف ـو� ـوم و� ٱ Wو و& Xو ف�ي � و ٱ ه� &� و ٱ �ه �ه U� و و! و�: ف� Dو �ي و ٱ ف>ي Lل هي Yف ل1 و8 ل ٱ Q&و و= Zـ و� و4 ل< ٱ �و� ه] ء* و�ي و# ف\ 4� و ف< ي

و*ه* ه�5 Jه� و�ٱ و1 وم و/ ل و�ٱ و[ لم و�> و�ٱ ا KيKف و ه� ه2 ه& ل_ وي و! و9 J� و ٱو! ه� &� و ٱ Tو و! و2 Gو ه1 ل) و#" و�ٱل Wه ل& Sو ل ٱ ه� و و" و#ل Iف ف1 ل) و# Uف Vء و1 Sو� و<

و' فمي و و8 ل ٱ ه�?

Types of Tawhid

Tawhid al Rububibiyya (Maintaining the Unity of Lordship)

Tawhid al'Ibadah (Maintaining the Unity of Worship)

Tawhid al-Asmaa was-Sifaat (Maintaining the Unity of Allah's Names & Attributes)

Tawhid al Hakimiyyat (Maintaining the Unity of Ruleship

All 4 types are found in the Qur’an such as in Surah Fatiha

Terminologies

Hakim/Lawgiver: The source of all law in Islam is ultimately Allah (6:57; 5:45).

Shari’: Allah, the Messenger

Mahkum Fih denotes the acts, obligations of the Mukallaf which may be in the form of Wajib, Mandub or Mubah.

Mahkum Alayh deals with the legal capacity of the individuals or bear the rights and obligations imposed by Shari'ah

What is Shari’ah - 1st Meaning

الشريعة Comes from the word شرع which literally means to prescribe or ordain, law, and a straight road or path. The Qur’an provides usages of all three meanings.

The First meaning, ordained or prescribed.{ أو شرع الذى و نوحا به وصى ما الدين من لكم

.{حيناإليك“Allah has ordained for you the same religion

which He ordained for Nuh and what we have revealed to you.”

Surah 42 verse 13.

What is Shari’ah, 2nd Meaning

The Second Meaning Law.{ منكم جعلنا منهاجا شرعةلكل و }.

“To each among you We have prescribed a law and a clear way.”

Surah 5 verse 48

What is Shari’ah, 3rd Meaning

The Third meaning, a straight path.{ على جعلن%اك تتبع شريعةثم ال و فاتبعها األمر من

يعلمون ال الذين .{أهوآء“Then We put you on a straight path in your affairs, so follow it and do not follow the desires of those who have no knowledge.”

Surah 45 Verse 18.

Sources of the Shari’ah

Primary sources:

The Qur’an The Sunnah Ijma’ (scholarly

consensus of opinion that is authentic, ijma as saheeh)

Supplementary sources: Qiyas (judgment based on

juristic analogy Istihsan (juristic preference) Istishab al hal (presumption

of continuity) Maslaha Mursalah

(extended analogy) Sadd al Dharai’ (blocking

the means) Qawl as Sahabi (opinion of a

Companion Shar’ man qabala (previous

scriptures

Shari’ah Fiqh

The corpus of revealed Laws

Fixed and unchangeable

General principles

Shari’ah is confirmed ilm (or qati’)

Rulings and Judgments deduced from the sources

Subject to change (context, circumstance etc)

Specific and detailed rules

fiqh is a probable perception (ẓann) rather than confirmed knowledge (‘ilm), which is at a different level.’

Shar’iah and Fiqh

What is Tashri’?

Literal: It is the process of legislation

Technical: It is the establishment of laws

Allah says, “He has ordained for you of religion what He enjoined upon Noah and that which We have revealed to you, [O Muhammad], and what We enjoined upon Abraham and Moses and Jesus – to establish the religion and not be divided therein. (alQur’an, 42:13)

Who is Musharri’ (Lawgiver)?

Allah is the ultimate law-maker

The Messenger

Sahaba (they were given the capacity of Ijtihad

Fuqaha (they were also given the capacity to perform ijtihad)

Types of Prophetic Traditions

Al-Qarafi: There is a difference between the Prophetic actions as (a) a conveyer of the divine message, (b) a judge and a leader. The implication in the law is that what he says or does as a conveyer goes as a general ruling. However, decisions related to the military, public trust, appointing judges and governors, distribution of spoils of war, and signing treaties are merely leadership decisions ... Other actions are merely (c) according to the human nature of the Prophet.

Basic comparison of the sources of Tashri’

Divine Legislation Human (conventional) Legislation

The primary sources are revealed The sources are man made

The Shari’ah (qati’) laws do not change

They change according to peoples whims and fancies

The reward and punishment is both in this world and the next

The punishment is only in this world

The laws are universal The laws are restricted

Overall Maqsad of Shar’iah

Imam Ibn al Qayyim wrote:

“Shari'ah is based on wisdom and achieving people's welfare in this life and the afterlife. Shari'ah is all about justice, mercy, wisdom, and good. Thus, any ruling that replaces justice with injustice, mercy with its opposite, common good with mischief, or wisdom with nonsense, is a ruling that does not belong to the Shari'ah, even if it is claimed to be so according to some interpretations.”

(Shamsuddin Ibn al-Qayyim, I`lam Al-Muwaqi`in, ed. Taha Abdul Rauf Sad, Beirut: Dar Al-Jeel, 1973)

وأساسها مبناها الشريعةالعباد ومصالح الحكم على . وهي والمعاد المعاش فيكلها، ورحمة كلها، عدلكلها، ومصلحة كلها، وحكمةعن خرجت مسألة فكلوعن الجور، إلى العدلوعن ضدها، إلى الرحمةالمفسدة، إلى المصلحةالعبث، إلى الحكمة وعنوإن الشريعة، من فليست

بالتأويل فيها أدخلت

Graph demonstrating Shari’ah in its whole

Nature of the Islamic State

Imam Ghazzali said:‘’The mutual defense and cooperation must be for

a just cause and a comprehensive law. It is clear that the mind cannot handle this issue of establishing a law that covers all interests of mankind, and specifies every individual case in detail, unless it is a mind charged with a mission and supported by the Revelation and the spiritual sources, which are meant to protect the order of the world, and rule it is accordance with His commands and His judgement.’’ (Al-Ghazzali, Ma’arij al-Quds fi Madarij al-Nafs p.111)

Nature of the Islamic State

Sayyid Abul ‘Ala Mawdudi said: ‘’It is wrong to describe the Islamic state as a democracy, for it is

more correct to describe it as a divine or theocratic. European theocracy, however, is quite different from the divine state. Indeed, Europe knew only a theocracy wherein a certain class of priests used their so-called divine authority to legislate oppressive laws that suited their own whims and goals, under the disguise of divine laws. Such a government should have been called satanic rather than divine. Theocracy in Islam is not in the hands of the clergy or the religious leaders, but in the of the Muslim Ummah (people) that must run its affairs in accordance with the Book of God and the Sunnah of His Messenger. If I am allowed to coin a new term, I would rather call this type of government ‘’theodemocratic’’ or ‘’a divine democracy,’’ since it gives the Muslims a limited (but significant) government and is controlled by the supreme power of God.’’ (Nazariyyat al-Islam wa Hadyihi, pp.34-35)

Difference between an Islamic State and a Secular State

1. While Allah is Real, Omnipotent, and Omniscient, the people in their collectivity are a mere fiction and therefore unreal

2. The will of Allah is embodied in the Holy Qur’an, fully elaborated in the Sunnah, and can always be ascertained. The will of people is ambiguous, and is unascertainable. What is taken to be the will of the people is only the will of a certain people who happen to be vociferous or in control of the power mechanism.

3. In a state based on the sovereignty of the people, the Church is separated from the state. In a state based on sovereignty of God, the State and the Church are integrated, as in that case God is the Head of the State as well as the Church

END

Questions?