The Role Of Sunnah In Islamic Jurisprudence Theology Religion
- The Position of the Sunnah in Islamic Law
- “ Allah commands you sing your kids: to the male, a part equal to that of two femalesaˆ¦ ” ( Holy Quran 4:11 )
- “ aˆ¦and you find no H2O, so execute tayammum ( dry ablution ) with clean Earth and hang-up therewith your faces and handsaˆ¦ ( Holy Quran 5:6 )
- The Duty of Adhering to the Sunnah
- “ aˆ¦Allah knows best with whom to put His Messageaˆ¦ ” ( Holy Quran 6:124 )
- “ aˆ¦Are the Messengers charged with anything but to convey the clear Message? ” ( Holy Quran 16:35 )
- “ By the star when it sets.A Your comrade has neither gone astray nor has he erred.A Nor does he talk of his ain desire.A It is merely disclosure that has been revealed. ” ( Holy Quran 53:1-4 )
- Kamali asserts that “ The indispensable integrity of Sharia’ah ‘ prevarications in the grade of harmoniousness that is achieved between disclosure and ground. Ijtihad is the chief instrument of keeping this harmoniousness ” . Discuss how personal logical thinking ( Ijtihad ) has helped to develop Islamic law?
- 1. Introduction:
- 2. Ijtihads:
- 3. The Three Modes of Ijtihad:
- 4. Role of Ijtihad in the development of Islamic legal theory.
- Early impression of Islamic legal theory and the construct of Ijtihad:
- Development of Islamic legal theory and the construct of Ijtihad:
- Institutionalization of Islamic legal theory and the function of Ijtihad in it:
- In Islamic legal theory the jurisprudence preceded society and is considered to be ageless as Allah. Explain, how today ‘s provinces, with elective authoritiess and independent benchs apply these regulations of jurisprudence.
- Muslim Law:
- Elected Governments and Islamic Law:
- Majlis al-Shura and a Parliament
- Judiciary and Islamic Laws:
Literally, Sunnah means a clear way or a beaten path but it has besides been used to connote normative pattern, or an constituted class of behavior. It may be a good illustration or a bad, and it may be set by an person, a religious order or a community.
In pre-Islamic Arabia, the Arabs used the word ‘Sunnah ‘ in mention to the antediluvian and uninterrupted pattern of the community which they inherited from their sires.
The Sunnah, harmonizing to the bookmans of hadeeths, is everything that has been related from the Messenger ( SAW ) , of his statements, actions, silent blessings, personality, physical description, or biography.A It does non count whether the information being related refers to something before the beginning of his prophetic mission, or after it. The statements of the Prophet include everything the Prophet said for assorted grounds on different occasions. The actions of the Prophet include everything that the Prophet did that was related to us by his Companions.A This includes how he made ablutions, how he performed his supplications, and how he made the Hajj pilgrim’s journey.
The silent blessings of the Prophet includes everything that his Companions said or did that he either showed his favour towards or at least did non object to.A Anything that had the silent blessing of the Prophet is every bit valid as anything that he said or did himself.
An equal reply to the inquiry as to whether the Sunnah is a mere addendum to the Qur’an or a beginning in its ain right necessitates an amplification of the relationship of the Sunnah to the Qur’an is tried in the undermentioned paragraphs:
The Holy Quran is the foundation of Islamic Law.A It is the marvelous address of Allah that was revealed to the Messenger, may the clemency and approvals of Allah be upon him, by manner of the angel Gabriel.A It has been transmitted to us with so many ironss of authorization that its historical genuineness is unquestionable.A It is written down in its ain volume, and its recitation is a signifier of worship.
As for the Sunnah, it is everything besides the Holy Quran that came from Allah ‘s Messenger.A It explains and provides inside informations for the Torahs found in the Holy Quran.A It besides provides illustrations of the practical application of these laws.A It is besides either direct disclosure from Allah, or determinations of the Messenger that were so confirmed by revelation.A Therefore, the beginning of all the Sunnah is disclosure.
The Holy Quran takes precedency over the Sunnah in two ways.A For one thing, the Holy Quran consists of the exact words of Allah, marvelous in nature, down to the last verse.A The Sunnah, nevertheless, is non needfully the exact words of Allah, but instead their significances as explained by the Holy Prophet ( SAW ) .
The Position of the Sunnah in Islamic Law
During the Messenger ‘s life-time the Holy Quran and Sunnah were the lone beginnings of Islamic Law.
The Holy Quran provides the general injunctions that formed the footing of the Law, without traveling into all the inside informations and secondary statute law, with the exclusion of a few injunctions that are established along with the general principles.A These injunctions are non capable to alter over clip or with the altering fortunes of the people.A The Holy Quran, likewise, comes with the dogmas of belief, sets down Acts of the Apostless of worship, mentions the narratives of the states of old, and provides moral guidelines.
The Sunnah comes in understanding with the Holy Quran.A It explains the significances of what is ill-defined in the text, provides inside informations for what is depicted in general footings, specifies what is general, and explains its injunctions and objectives.A The Sunnah besides comes with injunctions that are non provided by the Holy Quran, but these are ever in harmoniousness with its rules, and they ever advance the aims that are outlined in the Holy Quran.
The Sunnah is a practical look of what is in the Holy Quran.A This look takes many forms.A Sometimes, it comes as an action performed by the Messenger.A At other times, it is a statement that he made in response to something.A Sometimes, it takes the signifier of a statement or action of one of the Companions that he neither prevented nor objected to.A On the contrary, he remained soundless about it or expressed his blessing for it.
The Sunnah explains and clarifies the Holy Quran in many ways.A It explains how to execute the Acts of the Apostless of worship and transport out the Torahs that are mentioned in the Holy Quran.A Allah commands the trusters to pray without adverting the times that the supplications had to be performed or the mode of executing them.A The Messenger clarified this through his ain supplications and by learning the Muslims how to pray.A He said: “ Pray as you have seen me praying. ”
Allah makes the Hajj pilgrim’s journey obligatory without explicating its rites.A Allah ‘s Messenger explains this by stating:
“ Take the rites of Hajj from me. ”
Allah makes the Zakat obligatory without adverting what types of wealth and bring forth it is to be levied against.A Allah besides does non advert the minimal sum of wealth that makes the revenue enhancement obligatory.A The Sunnah, though, makes all this clear.
The Sunnah specifies general statements found in the Holy Quran.A Allah says:
“ Allah commands you sing your kids: to the male, a part equal to that of two femalesaˆ¦ ” ( Holy Quran 4:11 )
This diction is general, using to every household and doing every kid an heir of his or her parents.A The Sunnah makes this governing more specific by excepting the kids of Prophets.A Allah ‘s Messenger ( SAW ) said:
“ We Nebiims leave behind no inheritance.A Whatever we leave behind is charity. ”
The Sunnah qualifies unqualified statements in the Holy Quran.A Allah says:
“ aˆ¦and you find no H2O, so execute tayammum ( dry ablution ) with clean Earth and hang-up therewith your faces and handsaˆ¦ ( Holy Quran 5:6 )
The poetry does non advert the extent of the manus, go forthing the inquiry of whether one should rub the custodies up to the carpus or the forearm.A The Sunnah makes this clear by demoing that it is to the carpus, because this is what Allah ‘s Messenger did when he performed dry ablution.
The Sunnah besides comes stressing what is in the Holy Quran or supplying secondary statute law for a jurisprudence stated therein.A This includes all the hadeeths that indicate that Prayer, the Zakat, fasting, and the Hajj pilgrim’s journey are obligatory.
An illustration of where the Sunnah provides subordinate statute law for an injunction found in the Holy Quran is the governing found in the Sunnah that it is out to sell fruit before it begins to ripen.A The footing for this jurisprudence is the statement of the Holy Quran:
Do non devour your belongings amongst you unjustly, except it is a trade among you by common consent.
The Sunnah contains opinions that are non mentioned in the Holy Quran and that do non come as elucidations for something mentioned in the Holy Quran.A An illustration of this is the prohibition of eating donkey flesh and the flesh of predatory beasts.A Another illustration of this is the prohibition of get marrieding a adult female and her aunt at the same time.A These and other opinions provided by the Sunnah must be adhered to.
The Duty of Adhering to the Sunnah
A demand of believing in Prophet-hood is to accept as true everything that Allah ‘s Messenger ( SAW ) said.A Allah chose His Messengers ( SAW ) from among His believers to convey His Law to humanity.A Allah says:
“ aˆ¦Allah knows best with whom to put His Messageaˆ¦ ” ( Holy Quran 6:124 )
Allah besides says:
“ aˆ¦Are the Messengers charged with anything but to convey the clear Message? ” ( Holy Quran 16:35 )
The Messenger is protected from mistake in all of his actions.A Allah has protected his lingua from expressing anything but the truth.A Allah has protected his limbs from making anything but what is right.
Allah has safeguarded him from demoing blessing for anything contrary to Islamic Law.A
In decision, it may be said that both sides are basically in understanding on the authorization of Sunnah as a beginning of jurisprudence and its chief function in relationship to the Qur’an. They both acknowledge that the Sunnah contains statute law which is non found in the Holy Quran. The difference between them seems to be one of reading instead than substance. The Qur’anic ayat on the responsibility of obeisance to the Holy Prophet ( SAW ) , and those which assign to him the function of the translator of the Qur’an, are unfastened to variant readings. These transitions have been quoted in support of both the positions, that the
Sunnah is auxiliary to the Qur’an, and that it is an independent beginning. The point which is basic to both these positions is the authorization of the Holy Prophet ( SAW ) and the responsibility of attachment to his Sunnah. In the interim, both sides acknowledge the fact that the Sunnah contains statute law which is extra to the Qur’an. When this is recognized, the remainder of the argument becomes mostly excess.
He ( SAW ) is the most attractively complete of Allah ‘s Creations.A This is clear from how Allah describes him in the undermentioned poetries of Holy Quran:
“ By the star when it sets.A Your comrade has neither gone astray nor has he erred.A Nor does he talk of his ain desire.A It is merely disclosure that has been revealed. ” ( Holy Quran 53:1-4 )
Kamali asserts that “ The indispensable integrity of Sharia’ah ‘ prevarications in the grade of harmoniousness that is achieved between disclosure and ground. Ijtihad is the chief instrument of keeping this harmoniousness ” . Discuss how personal logical thinking ( Ijtihad ) has helped to develop Islamic law?
Ijtihad played an of import function in the development of Islamic legal theory. The purpose of this essay is to discourse the construct of Ijtihad in the development of the Islamic legal theory. Thus it will non be out of topographic point to give a brief debut of the construct of Ijtihad.
The Arabic word Ijtihad is derived from the ‘Juhud ‘ which means ‘expending of maximal attempt in the public presentation of an act ‘ . In Islamic law Ijtihad means the attempt made by the Mujtahid in seeking cognition of the Ahkam ( Rules ) of the Sharia’ah through reading. ( Nyazyee, Ch. 14: P. 263 ) .
This definition implies the followers:
That the Mujtahid should use the maximal attempt, that is, he should work to the bounds of his ability so much so that he recognize his inability to travel any farther.
That, the individual using the attempt should be a Mujtahid. An attempt expended by non-Mujtahid is of no effect, because he is non qualified to make so.
The attempt should be directed towards the find of the Rules of the Sharia’ah that pertain to the behavior.
The method of find of the Rules should be through reading of the texts with the aid of other beginnings. This excludes the memorisation of such Rules from the books of Fiqh or their designation by the Mufti. Thus, the activity of the Faqih and the Mufti can non be called Ijtihad.
3. The Three Modes of Ijtihad:
The Jurists in general pattern three types or manners of Ijtihad. In world, the activity of the legal expert can non be split up into separate manners. Ijtihad is individual seamless procedure, but for simplification and easiness of understanding this activity is divided into three types as follows ;
In the first manner, the Jurist stay as stopping point to the text as he can. He focuses on the actual significance of the texts, that is, he follows the field significance Rule.
When the first manner of actual building is exhausted by the Jurists, he turns to syllogism, which is Qiyas. This manner is confined to rigorous types of analogy. These are called Qiyas Al-Ma’na and Qiyas Al.illah.
The 2nd manner of Ijtihad is confine to the extension of the jurisprudence from single texts, while in the 3rd manner the trust is on all the texts considered jointly. This means legal logical thinking is undertaken more in the line with the spirit of the jurisprudence and its intents instead than the confines of the single texts.
4. Role of Ijtihad in the development of Islamic legal theory.
Early impression of Islamic legal theory and the construct of Ijtihad:
At the clip of the Holy Prophet ( SAW ) the lone beginning of the Sharia’ah was disclosure. That disclosure had two types, one was the direct address of Allah, viz. the Holy Quran, and the other was indirect address of Allah which the Holy Prophet ( SAW ) expressed in his ain words, that is termed as Sunnah of the Holy Prophet ( SAW ) .
The Holy Quran by nature is inexplicit. It does non supply inside informations of each and every single instance, instead it describes general rules, illustrations etc. the Holy Prophet ( SAW ) used to explicate and implement those rules and general regulations in single instances, that is Sunnah of the Holy Prophet ( SAW ) , in that sense the Sunnah is the account of the Holy Quran, though as it is mentioned earlier that account was besides directed by the God.
Although as it is mentioned earlier that the lone beginning of jurisprudence at that clip was disclosure, but some clip the Holy Prophet ( SAW ) practiced Ijtihad in its narrow sense in the absence of reveled regulation ( s ) as the Holy Prophet ( SAW ) said, ‘when I do non have a disclosure I adjudicate among you on the footing of my sentiment ‘ ( Abu Dawud, 1984:1017 ) . However, the difference of that Ijtihad with ordinary Ijtihad bil beam is that whenever, He ( SAW ) mistook, a poetry would be revealed in order to inform him the correct determination. For case, one time the Holy Prophet ( SAW ) was asked by a adult female about the regulation of dhihar. The Holy Prophet ( SAW ) answered her “ I do n’t believe that the regulation is different from that of divorce ” . Then Allah revealed poetries sing the hukum of dhihar, which was non similar to disassociate and so the hukum of dhihar had been corrected.
The comrade of the prophesier used to make Ijtihad at that clip besides. When the Prophet was non available or when the Prophet sent them to someplace, they use to make Ijtihad in the absence of expressed Qur’anic poetry or Sunnah of the Prophet. They use to construe the poetries of the Quran and the Sunnah of the Prophet every bit good as in instances of wholly new issues they use to make Ijtihad on the footing of the rules of Sharia’ah. The advantage of them was if they mistook they could rectify themselves by inquiring the Prophet or Allah would uncover the correct regulation ( s ) . Therefore, Sharia’ah was really much based on the disclosure at that clip, i.e. either Allah would uncover the hukum of a certain mas’ala or He would O.K. the determination ( s ) of the Prophet and his comrades or He would disapproved and rectify their determination ( s ) . Hence, despite the fact that the pattern of Ijtihad was started from that clip, but it did non acquire the position of a beginning of Islamic legal theory so.
Development of Islamic legal theory and the construct of Ijtihad:
After the decease of the Holy Prophet ( SAW ) , the gate of disclosure has been closed for of all time. Therefore, in order to cover with new jobs, the comrades of the Holy Prophet ( SAW ) used to depend on the Ijtihad. However, it did non replace the Holy Quran and Sunna at all, instead whenever they faced a new phenomenon sing which they did non cognize any Qur’anic poetry or Sunnah of the Holy Prophet ( SAW ) , they used to inquire the other comrades whether they knew any Hadith of the Holy Prophet ( SAW ) refering that. They used to make Ijtihad in the absence of the revealed regulation and whenever they found any Hadith regarding that instance they use to abandon their Ijtihad and followed that Hadith.
Because of the speedy enlargement of the Muslim universe in first century, a immense figure of people embraced Islam. A figure of the comrades of the Holy Prophet ( SAW ) migrated to different topographic points in order to learn the new Muslims the scientific discipline of Islam. Peoples gathered around them to larn Islam. Through their instruction they created groups of bookmans. Those groups were the manufacturers of the different schools of idea.
Two typical tendencies of idea emerged at that clip, viz. Ahl al-Ray and Ahl al-Hadith. The tendency of Ahl al-ray can be traced back to the 2nd calif Hazrat Umar ( RA ) and a celebrated comrade Hazrat Abdullah ibn Mas’ud ( RA ) , whereas the tendency of Ahl al-Hadith can be traced back from two celebrated comrades and bookmans Hazrat Zaid Bin Thabit and Hazrat Abdullah Bin ‘Umar ( RA ) ( Abdur Rahim,2003:55 ) . Ahl al-ray are those who depend on personal sentiment ( Ijtihad bil beam ) in order to work out the jobs and analyse the Ahkam of Sharia’ah and pull out the major causes of those in order to pull out those to new phenomena ‘s. Ahl al-Hadiths are those who depend on merely reliable groundss. There scheme is to show precisely what is in the reliable narratives. They do non affect in causing of the Ahkam of Sharia’ah and extend those to new phenomena ‘s. Nevertheless, the more the Muslims faced new jobs the more the former tendency became outstanding, because of their broad pattern of Ijtihad they could work out the new phenomena ‘s better than Ahl al-Hadith School of idea. However, Ahl al-Hadith school of idea did non wholly deny or overlook the construct of Ijtihad. Ijtihad besides played a large function in the development of that school of idea. However, their construct of Ijtihad was narrower than that of Ahl al-Ray as discussed in the undermentioned subdivision of the essay. Hence, it could be said that by the terminal of first century, Ijtihad became an of import beginning of Islamic law through the pattern of it by the comrades of the Holy Prophet ( SAW ) and their followings, although there were difference of sentiment among them about the definition, range and manner of pattern of it.
Institutionalization of Islamic legal theory and the function of Ijtihad in it:
The last comrade of the Holy Prophet ( SAW ) died in the terminal of the first hijra. Around that clip the procedure of institutionalization and digest of Islamic law started. The impression of Madhhad ( School of idea ) emerged at that clip in different topographic points. Although there were infinite Madhhabs, but, apart from four Madhhabs others are non existed now a day.A We will discourse here the development of those four Madhhabs and the construct of Ijtihad in those.
Hanafi school of idea: Hanafi school of idea is based on the law of Imam Abu Hanifa. The Usul of Imam Abu Hanifa as he describes, is as follow:
“ If I find any hukum in the Holy Quran, I confined myself with that. If I do non happen that at that place, I accept Sunnah of the Holy Prophet ( SAW ) which has come to me through reliable storytellers. When I do non happen that in the Holy Quran and in the Sunnah, I follow the sentiment of the comrades intending their general consensuses. In instance of their dissension with each other I accept or abandon which of all time I want, but I do non prefer others sentiment over theirs ‘ . In instance of the sentiment of others, I have the right of Ijtihad every bit good as they have ” .
The Maliki School of idea: The Maliki Madhhad is based on the law of Imam Malik ( 93-179 A.H. ) . The method of his law which is the method of Maliki Madhhad as good is that, in order to happen out the hukum of a certain issue he foremost used to look in the Holy Quran, if it is non available in the Holy Quran so he used to look it in the Sunnah of the Holy Prophet ( SAW ) . Similarly if the Quran describes the rule or indirect hukum of the issue he besides used to seek the Sunnah in order to happen out the inside informations of that. He used to see the pattern of Ahl-Medina as Mutawatir Hadith. If he did non happen the solution in the Holy Quran or in Hadith he would mention to the general consensus of the comrades who were known as faqih, if there were no general consensus sing that affair so he would follow the single sentiments of the comrades or would make Qiyas. If it was an abstract affair where there is no room for Ijtihad bil beam so he would follow the sentiment of a comrade, else he would prefer Ijtihad bil beam.
Al-Shafi School of idea: Imam Al-Shafi emerged during the period of the digest of the above mentioned two school of idea ‘s law. He is credited as the discoverer of Usul al Fiqh. However, Kamali argues that the Usul al-Fiqh was existed before but until the clip of Al-Shafi it was non in a signifier of scientific discipline. Imam Al-Shafi authored a book sing the rules and regulations of law viz. Al-Risalah, which is considered as the first book on Usul al-Fiqh ( Kamali, 1991:3, 4 ) . The motives which prompted Al-Shafi to present the usul al-Fiqh are some incompatibilities which he observed in the discourses of his predecessors. He mentioned those in the beginning of his book kitabul Umm.
It is appear from the reform activity of Al-Shafi that the aim of that was to do the Ijtihad systematic and to pulverize the inclination of unconditioned imitation of the predecessors Fatwas and therefore to reopen and widen the range of Ijtihad. Although, he excluded Ray from the class of Ijtihad, particularly he was critical about Istihsan, and emphasized more on qias but he made the point clear that he is against ‘the following of one ‘s personal caprice and sums to undue statute laws.
In decision, it can be argued that Ijtihad played an of import function in the development of Islamic legal theory. It appears from the essay that some of the school of idea emerged as a reaction against Taqlid or blind imitation of predecessors and the aim of them was to reopen and widen the gate of Ijtihad.
The Holy Quran is a complete codification for world and provides counsel for adult male in all walks of his life. It has its ain constructs of moralss, political relations, economic sciences and sociology.
It is an sarcasm of destiny that, now a yearss the demand for the enforcement of the Islamic jurisprudence has come to surrounded by such a thick mist of scruples that a mere mention to it raises a storm of unfavorable judgment non merely in non Islamic but even in Islamic states besides. Therefore for case, the inquiries are asked: Can a centuries old legal system be equal to carry through the demands of our modern province and society.
To be certain, these inquiries are non the result of any hostility towards Islam but largely of sheer ignorance which must quite of course breed intuition.
The first undertaking, hence, is to explicate to people the significance and applications of Islamic Law, Its aims, its Spirit, its Structure and its categorical and unchangeable injunctions along with the grounds of their permanency.
They should besides be informed of the dynamic component of Islamic Law and how it guarantees the fulfilment of of all time increasing demands of the progressive human society in every age.
The constitution of political authorization which may implement Islamic Law requires a Constitutional Law and Sharia’ah clearly laid down its basicss. The Sharia’ah has provided replies to the undermentioned basic inquiries of Constitutional Law.
What is the basic theory of the province?
What is the beginning of the authorization of its statute law?
What are the steering rules of province policy?
What are the makings of the swayer of an Islamic State?
What are the aims of an Islamic province?
In whom does the sovereignty reside and what are the different variety meats of the province?
What is the manner of distribution of power between different variety meats of the province, viz. : Legislature, the Executive and the Judiciary?
What are the conditions of Citizenship?
What are the rights and responsibilities of Muslim Citizens and what are the rights of non Muslim citizen?
The counsel which the Sharia’ah has provided in regard to these inquiries constitutes the Constitution of Islam.
Besides puting down the basicss of Constitutional Law, the Sharia’ah has besides enunciated the basic rules of Administrative Law. Beside that there are case in points in administrative pattern established by Holy Prophet ( SAW ) and the first four justly guided Caliphs of Islam ( Khulfah-e-Rashidin ) . For case, the Sharia’ah enumerates the beginnings of income permissible for an Islamic State and those which are prohibited. It besides prescribes the avenues of the outgo. It lays down regulations of behavior for Police, the Judiciary and Administrative machinery.
Elected Governments and Islamic Law:
The Holy Quran and Holy Prophet ( SAW ) promote Muslims to make up one’s mind their personal businesss in audience with those who will be affected by that determination. The construct of audience is known as SHURA in Islam. Shura is an Arabic word for “ audience ” .
Majlis al-Shura and a Parliament
Many traditional Sunni Islamic Jurists agree that to be in maintaining with Islam, a authorities should hold some signifier of council of audience or Majlis al Shura, although it must acknowledge that sovereignty belongs to ALLAH ALMIGHTY and non the people. Jurists have written that members of the Majlis should fulfill following three conditions:
They must be merely,
They have adequate cognition Islamic Injunctions to separate a good calif from a bad one, and
They have sufficient wisdom and judgement to choose the best calif.
Many modern-day Moslems have compared the construct of Shura to the rules of western parliamentary democracy. For illustration: What is the Shura rule in Islam?
It is predicated on three basic principles. First, that all individuals in any given society are equal in human and civil rights. Second, those public issues are best decided by bulk position. And 3rd, that the three other rules of justness, equality and human self-respect, which constitute Islam ‘s moral nucleus, are best realized, in personal every bit good as public life, under Shura administration.
Judiciary and Islamic Laws:
Islam is the faith that Allah wants for world from the clip that He sent Holy Prophet ( SAW ) shows great concern for the judicial system and those appointed to transport out its duties. Islam prescribes for it many legal injunctions. How else could it be, when Islam is the faith of clemency, equality, and justness? It is the faith that comes to free people from idolizing Creation and convey them to the worship of Allah. It is the faith that comes to take people from subjugation and wickedness and convey them to the highest grade of justness and freedom.
Allah ‘s Messenger ( SAW ) was the greatest of Judgess. He used to move in the capacity of justice in the metropolis of Medina, which was the first Islamic province. He used to name people to be Judgess in other metropoliss
In the epoch of the Rightly Guided Caliphs, the caput of province continued to be the one to name Judgess, govern their personal businesss, protect their independency, and maintain the governors and political appointees and even the Caliphs topic to the justice ‘s finding of facts. Hazrat Umar bin al-Khattab ( R.A. ) , the 2nd Caliph, was the first individual to do the justice an independent entity, distinct from the Caliph and the governors.
So it was Islam that non merely called for independent Judiciary but besides the first faith and province that really setup the independent Judiciary.
The Islamic Law, the Law which Holy Prophet ( SAW ) delivered unto world for all times to come, this Law admits of no difference between adult male and adult male except in religion and faith. Those spiritual and societal systems and political and cultural political orientations which differentiate between work forces on evidences of Race, Country or coloring materials, can ne’er go cosmopolitan credos or universe political orientations for the simple ground that one belonging to a certain race can non acquire transformed into another race, one born in certain state can non rupture asunder his entity from that topographic point, nor can the whole universe condense into one state, and the coloring material of Black, a Chinese and a white adult male can non be changed. Such political orientations and societal systems must stay conned to one race, community, or state. They are bound to be narrow, limited and chauvinistic and can non go cosmopolitan.
Islam, on the other manus, is cosmopolitan political orientation. Any individual who declares belief in LA ILAHA ILLALLAH MUAMMAD-UR-RASULLULLAH enters the picket of Islam and entitles himself to the same rights as those of other Muslims. Islam makes no favoritism on the footing of race, state, coloring material, linguistic communication, or the similar. Its entreaty is to the full humanity and it admits of no narrow minded favoritisms.
This jurisprudence is ageless. It is non based on the imposts or traditions of any specifics people and is non meant for any peculiar period of human history. It is based on the same rules of the nature on which adult male has been created. And as that nature remains the same in all periods and under all fortunes, the jurisprudence based on it unalloyed rules should besides be applicable to every period and under all fortunes. And this cosmopolitan and ageless faith is Islam.