mirrorinthefog said:
What makes these restrictions law, since they are not explicitly mentioned in the Qur'an?
Assalam-o-Alaikum,
The word Shari`ah [Islamic Law] causes a lot of confusion in the minds of people. Most people think of it as something hard-and-fast and inflexible. This is far from true.
There are four widely recognized sources from which the Shariah took shape: (1) the Qur’an; (2) the Sunnah of the Prophet (peace be upon him); (3)
ijmaa` (consensus of opinions among those well versed in Islamic jurisprudence); and (4)
qiyas (logical or analytical deduction). Of these, the first two provide the
foundation and the latter two are
methods of forming acceptable religious opinions.
There is also another thing which needs to be clarified here and that is known as
Ijtihad. I will talk about this a bit later.
Please note that Quran is the primary source and Hadith is the secondary source.The Holy Quran confirms what was revealed to earlier messengers of God and serves as the Criterion of right and wrong. It is considered the Word of God.
The Sunnah of the Prophet Muhammad
refers to his sayings and actions, his approvals and disapprovals.He was the living breathing Quran. The Sunnah is collected in books separate from the Holy Quran and are known as Hadith books.While the Holy Quran is 100% Word of God revealed to the Prophet, not every Hadith is authentic. Early Muslim scholars have classified hadith into various categories ranging from different levels of authenticity to false hadith.
In short,
ijtihad is a valid Islamic mechanism to make the society vibrant and progressive. It is quite relevant when we are not able to find a clear directive in the Qur’an and the Sunnah on a modern problem. For instance, test-tube babies, organ donation, and cloning are current issues in science on which one needs to know the Islamic ruling. The word, ‘ijtihad’ means effort, basically. But in Islamic studies, it signifies research, or specifically, the intellectual effort required to find out the Islamic ruling on a contemporary problem or situation. It is this provision of
‘ijtihad’ that makes Islam relevant for all times. On the basis of the fundamentals given, the
scholars study the question before them and arrive at a ruling. The “doors of ijtihad” signify the opportunity for such research and reasoning, to arrive at conclusions. Certainly, ‘ijtihad’ clearly shows the practicality and viability of Islam in the contemporary world as well as in the future. As
ijtihad itself was taught by the Prophet (peace be upon him), it is a provision in the Sunnah itself; and we must not lose sight of the Qur’an and the Sunnah when we apply
ijtihad to modern issues. In other words,
ijtihad must never be an attempt to overreach the fundamentals laid down in the Qur’an and the Sunnah.
Islam's universality means that Islam is all-encompassing and thus extends beyond the boundaries of climate and across all differences in race, language and culture. The open and comprehensive character of Islam is inherent in its Divine origin as being a gift from Allah designed for human nature.
Its all-inclusiveness as a macro-system of Divine purpose for all life makes Islam relevant to address all life’s problems and calamities. The legal systems, analytic framework or paradigm of this religion, known as the Shariah makes it possible for scholars, using
Ijtihad, to apply it through
Qiyas (analogical deduction) or
Istihsan (Juristic Preference) and
Maslaha Mursalah (Public Interest).
George Bernard Shaw understood this vitality of Islam and said:
"I have always held the religion of Muhammad in high estimation because of its wonderful vitality. It is the only religion which appears to me to possess that assimilating capacity to the changing phase of existence which can make itself appeal to every age. I have studied him - the wonderful man and, in my opinion, far from being an anti-Christ, he must be called the Saviour of Humanity. I believe that if a man like him were to assume the dictatorship of the modern world, he would succeed in solving its problems in a way that would bring it the much needed peace and happiness: I have prophesied about the faith of Muhammad that it would be acceptable to the Europe of tomorrow as it is beginning to be acceptable to the Europe of today."
[George Bernard Shaw, THE GENUINE ISLAM,Vol. 1, No. 8,1936]
If someone chooses not to obey them, are they considered non-Muslims?
It isnt that easy to declare someone a non-Muslim. Actually hadith point to the fact of being extremely careful of this matter. We have a free will, if we do not follow a certain teaching of Islam, then it is a sin. simple. One should repent and ask forgiveness. We should never think that God will not forgive our sin(s). God knows that we are weak. God is Oft-forgiving and Most-Merciful.
Islam is truely a way of life. It gives guidance in all spheres and in all situations. It does not start and stop at the mosque. I must point out here that Islamic Law ALWAYS takes into account the surrounding circumstances. Islam deals with the general situations as well as the special. The ruling changes according to the situation.I could give examples but the post is already quite long.
If, for example, I drop something on the street, am I not allowed to bend down to pick it up, lest a man should walk by and misunderstand?
Ofcourse you can pick the object up. it is yours. If, by chance, a misunderstanding
does occur, you can explain. simple.
What if I sing? Is that forbidden also? Who decides where the line is drawn, if the Qur'an is not enough to determine the rules?
i think you do not want answers to these specific questions, you are asking these questions to convey the importance of your point. so, i will not answer them here [if you wish answers for these, then plz ask again or create a seperate forum for that]. As i said before, Islam is a way of life and gives guidance in all spheres.there is no line here. We do not feel completely lost when new problems come up cause we know Islam will give guidance in it.
Forgive me if these questions seem a bit harsh, my intention is not to be intrusive or cause any offense. I'm just trying to understand the reasoning behind these limitations.
There is no need to oppologize. Your questions are very welcome and it is your right to ask.
One thing i would like to say is that Shariah aims to give human beings guidance at all times and in all situations for best results in this life. please do not view these laws/limitations/restrictions as negative. It is for our own good. God knows us better than we know ourselves.
P.S. I am not feeling well. May God forgive me if i made some mistake in my explanation.
