Fiqh 101 First Assignment

Full Name: Mahmuda Chowdhury

Question: In 1000-1200 words, explain how the four principles of the basis of

legislation can be used as a Dawah tool when presenting Islam to a Non-

Muslim.

Answer: By the mercy of Almighty Allah we have been given a complete code of life in
the form of Islam. This religion is bestowed upon all of mankind not on any specific group
of people. Every person when he/she is born as a child is a born muslim, narrated by Ibn
Shihab that the prophet (pbuh) has said, “Every child is born with a true faith (i.e. to
worship none but Allah alone) but his parents convert him to Judaism or to Chritianity or to
Magainism, as an animal delivers a perfect baby animal. Do you find it mutilated?” [Sahih
Bukhari, vol 2, hadith 440]. Through this we can see that it is in human being’s nature to be
submissive towards one true God and through Islam this act of worshipping Him alone,
which is our purpose of life as Allah says, “And I (Allah) created not the jinns and humans
except they should worship Me (Alone). [Quran 51:56]”, in this world has been made easy
for us to carry out.

Islam has been proven to be a fundamental system of building and not of any sort of
destruction as its goal is to reform and not merely to control and govern. Some of the practices of
the earlier generation were inherited for example, hajj which was carried out by prophet Abrahim
(pbuh) And Ishmael (pbuh). Islam also does not contradict with human reasoning, infact, it frees
the mind from irrationality thus recognizes the useful results of human intellectual activity.
Moreover, if the certain confirmed practices from the earlier generation were not present, Islam
would have instituted them due to the existing human need for them. Hence the certain aspect if
Islam being a rather easier way of life rather than a difficult can be proven to the non-muslims
through the four principles of the legislation. Here are as follows:

1. The Removal of Difficulty - As we know that Islam has been revealed to enhance the
betterment of human lives through the provision of its guidance in all aspects of life in
order for us attain a righteous lifestyle within a just society committed to the service of
God. Hence, Islamic laws are not meant to be burdensome creating obstacles for man to
grow spiritually. Allah has stated in several places of the Quran regarding this aspect, “…
Allah wishes for you ease and He does not wish difficulty for you…” [2:185], “…He did
not make any difficulty for you in the religion…” [22:78]. Now, we can look in to the
practical implication of this principle. There are several examples we can mention to the
non-muslims regarding how Islam removed difficulty of human beings compared to prior
its revelation. For example, Allah has removed for us a burden which was placed on an
earlier generation concerning As-Sabbath: “And ask them (O Muhammad SAW) about
the town that was by the sea; when they transgressed in the matter of the Sabbath (i.e.
Saturday): when their fish came to them openly on the Sabbath day, and did not come to
them on the day they had no Sabbath. Thus We made a trial of them, for they used to
rebel against Allah’s Command.”[7:163]. We can see here how Allah forbade the
Children of Israel to get involved in a worldly matter on the day of Sabbath. Whereas,
nothing of that Allah has bestowed upon us i.e. the nation of Prophet Muhammad (pbuh)
on whom the Quran was revealed. Rather Allah encouraged us to seek for the Allah’s
bounty after finishing obligatory prayer, “And when the prayer is ended, then disperse in
the land and seek of Allah's bounty, and remember Allah much, that ye may be
successful.”[62:10].- Source:The IOU Forum.

There is another example, things which are prohibited is Islam (like pork meat or alcohol)
can be consumed in cases of dire necessity i.e. if one does not find any other food around
him except for food of such category which is conventionally forbidden in Islam, then
he/she is allowed to have that food just in order to survive. Allah said, “…But if anyone
forced by hunger, with no inclination to transgression, Allah is indeed Oft-forgiving,
 Most Merciful.” [5:4]. There are various other examples as such regarding how Islam
removes difficulty for people.

The Reduction of Religious Obligations – Subsequent result of the previous principle has led to
this principle. Accordingly, the prohibited acts and substances in Islamic legislation are quite
few. So, everything worldly is permissible unless prohibited by sacred texts or deduction from
them. This proves that Islam is not difficult religions to follow, the amount of things that are
permissible to do are far more than the prohibitions. The sub categories of prohibition are named
and listed whereas; a general allowance is given due to the great number of categories. In case of
food for example, the categories are listed in details in the Quran in [5:3]. Hence, other than
these categories of food all other food is permissible to eat. Furthermore about marriage, Allah
has mentioned the category of women with whom marriage is forbidden, and the list is
mentioned in [4:23]. Here we see how Allah has mentioned the categories of women with whom
men are forbidden to get married. Other than these categories women and disbelieving women
apart from the people of the scriptures one can marry any women. – Source: The book of
Br.Bilal Philips ‘The Evolution of Fiqh’.

2.

The Realization of Public Welfare – As mentioned before, Islam is a religion given to all of
mankind and that’s why it enacted for the general good for all of mankind and thus Prophet
Muhammad (pbuh) was a universal prophet. There were times when Allah prescribed the law
suitable to people’s time of its enactment or to serve a particular limited purpose. However, the
suitability has disappeared after achieving its unique purpose. For example, initially the penalty
for the crime of fornication, adultery as well as other sex crimes like homosexuality was the
imprisonment and penalty of the offenders in their homes, Allah stated in the Quran [4:15-16].
Later this ruling was abrogated in the Quran by setting of particular exemplary punishment, “The
woman and the man guilty of adultery or fornication,- flog each of them with a hundred stripes:
Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah
and the Last Day: and let a party of the Believers witness their punishment.” [24:2]. So the laws
changed catering to the need of human beings. Initially the punishment was slighter but the latter
ruling overruled the previous one and went in to a more sever punishment to highly discourage
people from committing such sexual crimes. Allah has given a detailed and specific legislation to
the benefit or harm of human beings which will not change by time or conditions like in case of
family law of marriage, divorce and inheritance, murder, fornication and adultery etc. As for
those things whose benefit or harm may vary were given general laws by Allah in order to cerate
flexibility according to the human needs by different time and conditions. Legislative concern
can give more preference to the general welfare over individual welfare and the prevention
greater harm than smaller harm. Here for example can be the case of polygamy where the plural
marriage for men is made valid in order to avoid social corruption.—Source: The book of
Br.Bilal Philips ‘The Evolution of Fiqh’.

3.

The Realization of Universal Justice – The legislation of Islam considers all human to be on the
same stance when it comes to the obligation of submitting to Allah’s laws and their
responsibility to break them. So the laws in the Quran are applied equally on everyone. Allah
says, “Allah has enjoined justice and righteousness…” [16:90]. The laws of Allah in the Quran
sees no distinction between groups. An example can be noted in the time of Our Prophet (pbuh)
when a women from Makhzoom tribe stole some jewellery ans she confessed the crime to the
prophet. Her tribesmen wanted to avoid he shame of having the Quranic punishment applied to
her, so they requested a pophet’s companion to intercede for her. So that companion went to the
prophet requesting to reconsider her punishment. Listening to that prophet (pbuh) got angry and
said that even if his daughter Fatima would have committed this crime he would have applied the
capital punishment on her as well. [Abu Dawood].
So, now we can look in to all of these principles and analyze how logical, just and reasonable
way of life Islam is. It not looks in to a certain aspect rather it look s in to all aspects of life.
There is no doubt that all religion stands for the good on our lives but the reason why Islam
stands out is because Islam shows a practical implication of how to derive that betterment in our
lives and we can very well see that through these four principles of Quranic legislation.—
Source: The book of Br.Bilal Philips ‘The Evolution of Fiqh’.

Source:The IOU Forum, The book of Br.Bilal Philips ‘The Evolution of Fiqh’.