The Anatomy of Islam

The word 'religion' in Western usage falls short of the totality of Islam
as a comprehensive system influencing all aspects of life, individual as
well as communal. The total address of Islam to its followers is called the
Shari'a, and it is only arbitrary to divide the Shari'a into the three
compartments of (ritual) Worship, Moral Code and Legal System, since these
are closely interrelated and integrated. What is moral for the individual
constitutes the norm for communal morality; and moralities do not live in a
legal vacuum. The inner self (conscience and intentions) and the outer self
(deeds and observable behavior) should be in harmony and not conflict, and
the system of worship prepares the individual to attain this reality of
Islam. Anything less is fraudulent and counterfeit.



A- General Outlay - The Shari'a The Sources of The Shari'a

The primary source of the Shari'a is of course the Quran, the literal word
of God. The Quran deals with a full range of issues ranging from the
establishment of the creed (chapters I, II, and III) to defining the
absolute moral standards and codes of permissible and impermissible
behavior. It delineates the articles of worship, and lays down the
framework of a comprehensive legal system relating to family law, economic
rules, penal code, social conduct, treaties, ethics of war and peace,
pattern of government (the Shura is considered the Islamic forerunner of
democracy), human rights, relations with other nations and other religions,
inheritance, (Zakat) taxation, etc., so that it is true to say that there
is hardly an affair of life that lacks some reference in the Quran. Yet the
ultimate and final rules in the Quran pertain only to the issues of Creed
(Aqeeda) and Worship (Ibadat), whereas the third area of law and other
human interaction (Moamalat) is, with a limited number of exceptions,
covered with general and flexible guidelines. The constants of the Shari'a
in Moamalat are therefore limited, which allowed the science of
Jurisprudence (derivation of rulings) to arise and flourish, accommodating
various schools of thought and amassing over the centuries a wealth of
opinions that suited various places and times and proved that the Shari'a
is neither static nor exhaustible.

The second source of the Shari'a is the Sunna (Tradition) of prophet
Mohammad in what he ordered, forbade, did or acknowledged in his capacity
as prophet. The Sunna sometimes explains the Quran, illustrates it, details
some generalities and complements it in some areas. The sciences of Sunna
especially the process of authentication of the sayings of the prophet are
perhaps the most exact branch in the science of history in general. The
tracing of the chain of reporters and witnesses and, above all, making sure
that a reported Sunna conflicts neither with the Quran nor with established
fact and common sense establish the Sunna as a science of precision.

The third source of the Shari'a operates when an issue is not specifically
settled by the Quran or the Sunna. Analogy is resorted to through a process
of deductive reasoning that equates a new issue with one already decided by
the Quran and/or Sunna. "Ijtihad" is the term indicating the utilization of
available evidence (religious, scientific, statistical, social) to think
out the best course to be taken provided it does not conflict with the
Quran or Sunna or the goals of the Shari'a that will shortly be presented.
The Shari'a therefore is not a rigid set of rules to be copied and applied
any time any place, and allows for human ingenuity to address changeable
situations by progressive legislation. During the evolution of the science
of Jurisprudence certain juridical rules were established to enable
derivation of new rulings. Examples of these are "Necessities overrule
prohibitions" For example, pig meat is unlawful to eat, but if it is the
only food available for a traveler lost in the desert, it becomes
permissible as long as necessary. Other rules include "The choice of the
lesser of two evils if both cannot be avoided", "Public interest to take
priority over private interest", "Harm is to be removed" etc. The overall
rule, given no conflict with the Quran and Sunna, is "Wherever welfare
goes, there goes the statue of God."



Goals Of The Shari'a

The supreme goal of the Shari'a is the welfare of the people in this world
and in the hereafter. Broadly speaking, the needs of the community are
classified into dire necessities, ordinary necessities and complementary
needs (that make life more enjoyable), in this order of significance.
Topping the list is the first category which comprises the widely known
"Five Aims of the Shari'a" whose objective is the preservation and
protection of: (1) Life, (2) Mind, (3) Religion, (4) Ownership and
possessions, and (5) Procreation and preservation of the species. Each of
these is divided into sets and branching subsets until seemingly small
details are reached, and each is serviced by appropriate moral and/or legal
rulings. Resisting all temptation to step into the deep waters of this
immense subject, we can glean the essential ideas from each category to
hopefully clarify the picture.

1. Life
This includes the right to life and the duty to protect it. It entails the
prohibition of killing and defines the permissible exceptions such as
legitimate war or judiciary sentence. To seek treatment when ill and to
avoid ill health by avoiding whatever leads to it are Islamic duties, hence
the dietary rules, encouragement of physical fitness by exercise, the laws
of cleanliness of person, home, street, and environment. The principles of
quarantine were established when Mohammad(pbuh) instructed: "If there is
pestilence in a city don't go in if you are out or get out of it if you are
already in." Encouraging agriculture is commendable. Teachings of prophet
Mohammad include a) If the Day of Judgment comes and you have in your hand
a shoot to implant, hurry and implant it if you can, b) Whoever cultivates
a land will be rewarded for every soul eating from its harvest, even birds
and animals, and even a thief who steals from it, c) No trees should be cut
or burnt as a means of warfare. Ecological awareness and respecting the
environment are mandated (The water cycle is described in the Quran and its
conservation and nonpollution is ordered by Mohammad. 'No bird or animal is
to be killed except for food' is one of his instructions, as is kindness to
animals and refraining from overburdening them.) One of the impressive
teachings of Mohammad is: "God has not created an illness without creating
a cure for it.. some already known and some are not", an impetus for
continuing the search.

2. Mind
The mind is the hallmark of a human being. It is our instrument to know
good and evil and to explore nature within and around us. Thinking,
pondering and reflection are religious duties, and the Quran condemns those
who were given minds but do not use them. Freedom of thought and expression
are basic human rights. The pursuit of knowledge is not only a right but
also a duty in Islam. Scientific research, in juridical jargon, is called
"the revealing of God's tradition in His creation" and is a duty on those
who are able to do it. Censorship over the mind is rejected, and no human
being can claim authority over another in this respect. The first word ever
of the Quran is "Read" and the Quran says "They are not equal those who
have knowledge and those who haven't, nor are light and darkness equal."
"Of His servants the learned heed Him most", the Quran says. Not only from
censorship should the mind be protected but also from repression, fear,
anxiety and stress. Anything that numbs or kills the mind is abhorrent,
hence the consumption of alcohol and drugs are absolutely prohibited in
Islam, not even in social proportions!

3. Religion
Many authors give religion first place, but obviously without the integrity
of life and mind religious tasks become
superfluous. Freedom of religion and worship is a basic human right, and we
don't mean to Muslims only. It is against Islam to coerce anyone to embrace
it, and the Quran says: "There is no compulsion in religion" (2:256) Houses
of worship should be built. When Muslims are attacked on account of their
religion they have the right and duty of defense.

4. Ownership and Possessions
The right of ownership is inviolable and there is no objection or limit on
the amassing of wealth provided it is secured by lawful ways. Unlawful ways
of collecting wealth are delineated, including usury, cheating and fraud,
stealing, monopoly, etc. The rights of capital are coupled with its duties
including taxation and contribution commensurate with the needs of society.
The Zakat tax is mandatory and roughly equals 2.5% of money hoarded over
the span of one year, with other formulas for earnings from agriculture,
animal husbandry, real estate or industry. Every individual is the joint
responsibility of the whole community and no one can behave like an
isolated island. Rules of commercial dealings and exchanges are delineated.


5. Procreation and Offspring
Authentic marriage through a solemnized and documented marriage contract is
the only legitimate way of pairing off to form a family and beget children.
Purity of lineage and the right to know with certainty one's parents and
one's progeny is a must. The Shari'a spells out certain relations that make
the marriage of a couple impermissible. The mutual rights and duties
between spouses, and between parents and children are detailed. Sustaining
the family is the obligation of the husband, whereas the financial
contribution of the wife is her option. Extramarital (including premarital)
sex is sinful, and may also become a legal offense if witnessed by four
witnesses. Family laws and the laws of inheritance are detailed. Family
planning (natural or medical) is permitted but not if it entails the
killing of a life (abortion). Women have the right of independent
individual ownership, the right of inheritance, the right of education and
the right to work as compatible with the integrity of the family. Men and
women are equal, and obligations (and prohibitions) of Islam apply to them
equally. The pursuit of fertility and treatment of infertility is
legitimate but only as admissible by the Shari'a. The fetus has the right
to life, inheritance and reception of a will or an endorsement. Breast
feeding is encouraged, optimally for two years. Western style adoption is
censored but fosterage or endorsement is encouraged as a charity, devoid of
the lie of claiming true sonhood or daughterhood. The child is told the
truth about his/her origin. After growing up, if that child proposes to
marry a biological child of the family, the proposal cannot be denied on
the basis that they are brother and sister, since in reality they are not.






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