Why Are Laws Made and Why To Take References From Quran & Sunnah?
Camps of mountaineers at foothills of Karakoram, Pakistan.

Why Are Laws Made and Why To Take References From Quran & Sunnah?

  1. Introduction:      Ancient Greek aristocrats were the first to make laws thousands of years ago. Since those laws always favored the affluent class, therefore the lower section of the society made use of; ethics, values and moral to demand their rights.
  2. Why Laws Are Required?    Laws are required to control people, because in absence of rules & regulations, it will be impossible for a ruler, or a CEO or head of a family to control & manage affairs of; a country, a company and even a household.
  3. The Primary Lesson Given by Islam:               Islam teaches us lesson of 'equality and justice'. With regards to the above, it is pertinent to quote following two Hadith, which sets very high standards of ‘equality & justice’.
  4. Equality:   The following extract is from last sermon of Prophet Muhammad S.A.W. which was delivered on ninth day of Zul-Hijjah 10 A.H. (630 A.D). “All mankind is from Adam and Eve, an Arab has no superiority over a non-Arab nor a non-Arab has any superiority over an Arab; also a white has no superiority over black nor a black has any superiority over white except by piety and good deeds”.
  5. Justice:      When Prophet Muhammad S.A.W. was informed that Fatima Mukhzumiyah had committed theft, he punished her according to laws of Islam concerning theft and did not regard the intercession of Asamata ibn Zayd in this respect, HE said; 'The ruin and downfall of the preceding peoples was due to the fact that they did not enforce the laws of punishment in the case of the aristocrats and the people of status. I swear by the One in Whose hands is my life that even if Fatima al-Zahra (His own daughter) had committed such a sin, I would cut off her hand.'
  6. Rules and Guidelines are Necessary:   Just like every gadget or equipment requires a manual. (i) Similarly along with humans, Allah SWT has sent down holy books including Al-Quran and Prophet Muhammad S.A.W. has left behind his Sunnah. (ii) The two aforementioned sacred gifts not only provide guidance, but also set rules and tell us about dos and don’ts. (iii) The foundation of any society has to be based on; (a) strong foundation of ‘equality & justice’, (b) otherwise it will experience socioeconomic injustice, (c) which will result in giving birth of social evils and (d) we are seeing enough and its different types all over the world.
  7. Absolute Power Corrupts Absolutely:              When one or a group of people become very powerful and get authoritative; (i) then they set rules, which only favors them and (ii) the supreme lesson of ‘equality & justice’ is paid no heed to. (iii) The absolute power may motivate to frame certain rules e.g. which can be inhumane. For example, until recently we saw the following reading outside public places; ‘Black & Dogs are not allowed’. Since it was a rule, therefore people were obliged to abide by it and its violation was subject to punishment.
  8. Use of Riba or Interest in Businesses and Economies:                  In a similar manner, since it is permitted under the prevailing lopsided laws that (i) capital will carry a price in shape of ‘interest’ and (ii) capitalists can leverage themselves by taking loan from banks and (iii) governments can borrow for deficit financing and to meet expenses etc. (iv) Then, it is very difficult that (a) we would be able to develop harmony in societies or (b) we would be able to tackle big economic issues like; inflation, poverty, low production, unemployment etc.
  9. Guidance from Quran & Sunnah: Indeed, Allah SWT has designed us in such a manner that (i) we are free to do whatever we want and (ii) we can use our ‘free-will’ to take choices / decisions. (iii) But this liberty may not always helps us to achieve goals, as per Shariah (vi) The people / group with authority (a) may set immoral rules or (b) may resort to unnatural practices, (c) but that does not mean that this freedom or exploitation to make lopsided rules & regulations will enable them to establish harmonious societies / economies.
  10. It Is Our Responsibility:                 Therefore, the onus is upon us to explore & discover the true systems; (i) whether political, economic, social etc, which is inculcated by Quran & Hadith, (ii) if we want to be successful in this world and in hereafter. (iii) Otherwise, the life may go on, but we may continue to remain astray. (iv) With regards to business & economics, it is vital to ensure that (a) the element of ‘exploitation’ is removed (b) equal opportunities are made available to all sections of our societies (c) so that there is harmony (d) which keeps a check that rich do not become richer and more powerful and (e) lower income group should not become poorer and in increasing numbers.
  11. It is Not The Duty of Welfare Organizations:  No charity or welfare work can give desired respite on a long-term basis to lower income groups. (i) The thing, which can change their future and ensure socioeconomic justice is that; (ii) when we pass a law that (a) ‘interest’ is forbidden and (b) each capitalist has to carry-out real economic activity to earn his reward (iii) when capitalists would not allowed to borrow to leverage their positions and (iv) when all sections of our societies will become equal shareholder in projects by way of contribution, (v) then In Shaa Allah we will practically observe that the theme of ‘equality & justice’ is prevalent in our economies.

May Allah SWT guide us all to remain on the straight and truthful path (Aameen).

 

Yousuf Ibnul Hasan

Program Consultant Islamic Economic, Finance & Banking, Teacher, Trainer, Colunmist, Author, Broadcaster

1 个月

Part 1 Why are laws made and why take references from the Holy Quran and Sunnah? Amanat was the first concept to develop while humanity was in just the process of formation. Angles originate from lights, and gins form from fire, which are not material but only energy. Clay is the material on the earth which is touchable, useable, consumable, raw or finished material and has the quality to merge, mix or support to produce other materials. Almighty Allah extracted the material from Earth, with the condition that it would be returned with increased volume and at the same place where it was taken. The promise of Almighty Allah develops the first law of Amana. Deen is a socioeconomic system that defines the "Rights of Humanity" and the "Rights of Almighty Allah". Deen is not a religious faith. It is a complete political, social, and financial system for Islamic and non-Islamic society. The human lifestyle in Deen integrates faith with a refined code of life known as the glorious Shariah, the law of Islam.

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Yousuf Ibnul Hasan

Program Consultant Islamic Economic, Finance & Banking, Teacher, Trainer, Colunmist, Author, Broadcaster

1 个月

Part 2 Islam?differs from religion because of the definition, depth and details of its framework. It came to organize man's life in all its aspects, whether it is political, social or economic. The Messenger Prophet Mohammad, Sallallahou Alayhe Wasallam, was not only a Prophet but also an executive judge. Islam does not end at worship but clearly explains that real worship is to respect humanity along with a firm acceptance of Almighty Allah as the ultimate and the only power that created humanity and gave the socioeconomic system to carry out a peaceful and justice-oriented life on earth. People believe that Islamic economics has existed since the emergence of Islam, but the system was established on the day Adam and Eve disobeyed Allah Almighty.

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Yousuf Ibnul Hasan

Program Consultant Islamic Economic, Finance & Banking, Teacher, Trainer, Colunmist, Author, Broadcaster

1 个月

Part 3 Adam and Eve disobeyed Allah Almighty as Ibles created the temptation in his mind. This temptation develops other interlinked senses in the human mind that are Need, Want, Desire, Act, and Acquire" and ends in fulfilment. Adam and Eve Accepted which was Restricted and consequently an Offense giving the concepts of Punishment and Reward to the system that ultimately makes one reason for this logical conclusion that to lead a stable life on earth, humankind must follow a socioeconomic system rather than just an economic system defining a law of Consumable and Useable with Haram and Halal linked to Prohibition and Permission. Prophet Muhammad PBUH lives as Sunnah by following the commandments of the Code of Conduct as outlined in the Holy Quran with the perimeters shaped as an Islamic law for the world, as Islamic Shariah, the law of lifestyle. Laws are made in Islam to implement Social Justice through the socioeconomic system for the welfare of humanity. Islamic Laws were made in the life of Prophet Muhammad PBUH and are unchanged as of today. For an Islamic State Holy Quran is the constitution, Sharia is the law, Social Justice is identity and Socioeconomic is the policy. ????

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The method apparently adopted is:: Add a chapter on Islamic Banking to give shape to desired Banking & let people chose their Bank. There are some such Banks in field backed by some Mufti. First objection came from Jamia Farooqia & now many others. All these institutions are regulated by One but that One does not follow the above said Chapter. May Allah guide us on the right path.Ameen.

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Muhammad Rizwan-ul Haque

Founding Chairman, Dawood Family Takaful, CEO of an Investment Bank and Director of a Trust

9 年

We are suggesting; (1) make an endeavor to develop a new economic system, because the other systems have got visible limitations and (2) they cannot successfully achieve economic goals and may create greater issues. (3) In view of the above, the lesson of Al-Quran on; ‘Riba and trading’ is being emphasized and (4) just like; our elders introduced Islamic banking system; we are humbly suggesting to experts & professional to kindly look into Islamic economic system, (5) which can be panacea to all economic woes. (6) The rules & regulations should be effective and must ensure ‘equality & justice’ and (7) we can see all these ingredients in message of Allah SWT, then there should be no issue, why it should not be considered and / or accepted. (8) Unless, the people in authority think that their own interests will jeopardize by adopting these laws. Indeed Allah SWT knows best.

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