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Join date : 2010-12-30

PostSubject: LAW AS IBADAH   LAW AS IBADAH Icon_minitimeSun Jan 02, 2011 2:00 am

In the name of Allah, the most gracious ,the dispenser of grace!

The religion of Islam is framed on human nature and man has created as a social being. Social life is indispensable for human beings. The human being has being directed to be just and righteous.
The protection of property rights is important principle contemporary human rights. The Quran expressly stated the principle centuries before in the following words:
“ And eat not up your property among yourselves in vanity, nor seek by it to gain the hearing of the judges that ye may knowingly devour a portion of the property of other wrongfully”
(Al –Baqarah: 188 )
This passage of Al-Quran also mentions that bribery by use of property for corrupting the judges is unlawful, and similar are the cases of offence against property as theft, embezzlement, or robbery.
Another prove can be seen in the contemporary declarations on human rights specially provided and preach for the right to equality and equal protection of the law. Article 1 of the Universal Declaration (also article 2).
The principles of justice in the Shariah incorporate perfect observation of equality before law and equal protection thereof without of any kind of discrimination whatsoever.
The Quran says: “When you judge among men, judge with justice”
(An-nisa: 58)
The main role of the ayah is to bring people to do good and to be fair to the people.
“ La Jarimah wala uqubah illa Bin nass”
There is no punishment if without a nass(dalil).
In the case of Hadd punishment, the position of the Prophet s.a.w. to the effect: “set aside hudud punishment when there is element of shubahat/doubt.
For example in the case of sariqah, the method of proving the offence must fulfill certain requirement in order to convict the right person and to be just to the aggrieved party.
First requirement is the act of taking the property must be secretly.
This is why for the reason that the act of taking away property of another person publicly by force or other form not to be called as theft but other term as robbery, plunder, usurpation. It fall to the another category, not sariqah.
Second requirements is the act of taking must be complete which means that referring to the act of removing the stolen property from its place and transferring to another place in a complete manner. But if the criminal entered into the custody of a person and removed the property of the particular person and stored in the same premise, it is not liable to the hadd punishment as the act is not complete.
So, we can say that syariah law does not burden the society easily. The method of proving being highlighted by Syariah is comprehensive and fulfilling the equal right of being heard before court. Islamic law indeed uphold the principle of justice. Law is always related to ibadah, and in order to succeed here and hereafter, everything must based on Allah’s Law.
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Join date : 2011-01-28

PostSubject: Re: LAW AS IBADAH   LAW AS IBADAH Icon_minitimeThu Mar 24, 2011 11:50 pm


Let me first congratulate the acknowledgement of law as part of ibadah. This is important as some, claiming to be Muslim, does not feel the need for shariah law, even going to the extend of labelling it as outdated. As a facet of ibadah, it would have then be made simple and applicable as in all things related to our deen we are encourage by the Prophet SAW to make ease and not difficulty. I agree that Islam is the best protection of human ever existed as covers human relation to Allah, man and also nature in align with human nature as Allah SWT knows His creation.

It is however a folly to compare this with the contemporary call to right to equality and equal protection of law as we have seen in practices how double standard are fraught in its practice throughout the world. As an example, look at how the call for equality in the right to choose how to dress. Some goes to the extend of choosing not to wear anything and thus protected by the law in the proclamation of nude beaches but when we Muslim want to cover our aurah the same choice is void. Laws are call upon to restrict our choices to wear hijab in certain parts of world. Another example is to look at how democracy, the right to have equal say as to who is leading the country, is advocated by the USA but when democracy came into action in Palestine in the choosing of Hamas, the party was declared terrorist and the government is deemed not legal.

The difference between Islam and current practices is that no matter whether the rights is to Muslim or non-Muslim as long as it is stated in the syariah, it cannot be taken away. Let us look into the time when Ali ra. had his armour taken from him. He saw it in the hand of a Jew and ask for a trial. When the judge calls him amirul mu'minin, he stopped the proceeding to be postponed as he said his role had nothing to do with the case and the judge is showing partiality to him which may effect the judgement. In the end of the trial, Ali ra. lost as he does not have enough prove. The shocked Jew in the end proclaim shahadah and returned the armour to Ali ra. Look at how the sahabah understood equality. If we were that judge, we would have felt that it was impossible for Ali ra. to lie and thus his claim must be right. Yet, Ali ra. rather lose than see the principle of equality in Islamic law tarnished because in the end what matters is that the law is uphold as it is a part of deen
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