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 The Hidden Truth: Islamic Law

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Posts : 1
Join date : 2011-01-01
Age : 29
Location : iium gombak

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PostSubject: The Hidden Truth: Islamic Law   The Hidden Truth: Islamic Law Icon_minitimeWed Jan 05, 2011 11:38 pm

Islamic Law and Jurisprudence is not always understood by the western press. Although it is the responsibility of the mass media to bring to the world's attention violations of human rights and acts of terror, many believe that media stereotyping of all Muslims is a major problem. The tragedy at the World Trade Centre in New York City is a prime example. The media often used the term "Islamic Fundamentalists" when referring to the accused in the case. The media has used the label of "Islamic Fundamentalist" to imply all kinds of possible negative connotations: terrorists, kidnappers and hostage takers. Since the media does not use the term "Fundamentalist Christian" each time a Christian does something wrong, the use of such labels is wrong for any group, Christians or Muslims.

To understand Islamic Law one must first understand the assumptions of Islam and the basic tenets of the religion. The meaning of the word 'Islam' is "submission or surrender to Allah's (God's) will." Therefore, Muslims must first and foremost obey and submit to Allah's will. Islamic law is a system of laws divine in its sources and primary rules. It can be define as a rule which has been prescribed and determine by Allah to his servants through his prophets. It cover matters of belief,worship, moral, social orders, civil transaction and various kinds of aspects in order to obtain guidance in this world and in the hereafter.

Back in the early period of prophet Muhammad(pbuh), there already existed the first constitution in the world that is constitution of Madinah or al Dustur al-Madinah. These constitution consist of the people of Muslim,Jew, and Christian. Starting from this period, Islamic law fluorished and developed throughout the year with certain modification to suits the people. After the declining of the golden period of Islam, the multiplication of constitution and legislation become widespread.

There are several differences and similarities between Islamic law with Common and Civil law. The concept of Istihsan in Islamic law is being equivalent to the concept of equity in English law in which case Istihsan may be referred to as the reasoned distinction of qiyas (reasoning by analogy). The methodology of legal precedent and reasoning by analogy(qiyas) used in Islamic law was similar to that of the common law legal system. Others parallel to Common law concepts are found including advocacy, ratio decidendi(illah), public policy(Istislah and Maslaha), freedom of religion, equal protection, and consensus. These are the similarities between Islamic law and Common law/English law.

One of the institutions developed by the classical muslim jurists which influenced the Civil law was the Hawala, an early informal value transfer system. The concepts of Res Judicata may also have origins from Islamic law. The transfer of debt, which practiced in the modern Civil law, may also have origins from Islamic law. The concept of an agency where it was not possible for an individual to 'conclude a binding contract on behalf of another as his agent'. The concept of an agency was introduced by Islamic jurists, and thus the Civil law conception of agency may also have origins in Islamic law.

In the field of human rights, early Islamic jurists introduced a number of advanced legal concepts which anticipated similar to modern concepts in the field. These included the notions of the charitable trust and trusteeship of property, social solidarity, human dignity, fair contract(aqd), women's rights, juristic personality, supremacy of the law, judicial independence, legal representation, limited sovereignity, tolerance and democratic participation. Islamic jurists also anticipated the concepts of the rule of law, the equal subjection of all classes to the ordinary law of the land, where no person is above the law. Officials and private citizens are under a duty to obey the same law. A qadi(Islamic judge) was also not allowed to discriminate on the grounds of religion, race and colour.

Many western scholars see that Islamic law contains all the necessary requirement to be applied in daily life and suitable to be practice by all the people regardless of their religion,races or colour. Islamic law and constitution has been plagiarized by the western scholars and they claimed that they are the one who introduced and implement such law. Islamic law had been used by the western people. This is good for the people to be judge with fairness and justice as Islam always uphold justice. But what is matter is that they claimed that these opinion are based on their critical thinking and hardship by their people and scholars, but in fact they stole it from Islamic law. How will Islam embrace and spread the da'wah and show the beauty of Islam if the people hid the true story behind all these law by claiming it is their own?Thats why today we can see many people especially the western country do not really understand the true meaning of Islam.They simply labelled Islam as a terrorist religion. We as a vicegerent of Allah have a duty to spread the message and da'wah in order to restore peace and show them the true meaning of Islam.

Anas Fikri

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Join date : 2011-01-28

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PostSubject: Re: The Hidden Truth: Islamic Law   The Hidden Truth: Islamic Law Icon_minitimeFri Mar 25, 2011 12:22 am


It is a good piece on the law, its history and misunderstanding. I agree wholeheartedly that the West tendency to misunderstand religion in general and Islam in particular is very great. Partly because they feel, as you say that their law came out of their reasoning, the evolving of time and society. They consider their law superior to others and thus should be force upon others as we, confine as they see to religion, cannot think any better. The scholars, some in neglect and ignorance, while others in malice and contempt tried to wipe out the history and contribution of Muslims from the face of the earth. As promised though by Allah SWT the right will prevail and as you have stated, similarities are abound forcing questions on how the it happened to be faced. And through it came to light, how it was taught to them by us.

Unfortunately, the misunderstanding is still inherent out of the role of several parties namely the media and Muslim themselves. The former in sensationalising a story and in feeding the stereotypical idea of the masses continue to publish stories where Muslims are the bad guy and our law are barbaric without really understanding the truth. This confusion is compounded by Muslims as we fail to distinguish between culture and religion. This is one of the reason Muslim civilisation falls. When tradition of the Prophet SAW is forgotten but the tradition of the society is remembered as not only the culture but part of religion. It is of great sadness to the ummah when it is the Muslim themselves that rejected the syariah law. Stating that tourist wouldn't come as their hand would be cut or because there is no nightclub are irresponsible statements that call into question their believe of Allah as The Provider. It is as such that awareness among IIUM students are crucial as we are and would be looked upon as reference by others. May Allah bless us with understanding of His deen and the patience and strength to uphold truth, insya Allah.
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