Islam and the Shariah Principles

 

I am an inactive member of one discussion group. Inactive in a way that I don’t actually reply or get my hands dirty by getting involved with the discussions. However, one discussion really got my attention and this discussion is about a Member of Parliament submitting a notice of motion for the amendment of the Federal Constitution and the result of the amendments, if approved, will make Islamic laws the supreme law of the country.

 

A lot of people gave their two cents worth of opinion and surprisingly, those who branded this MP shallow or his move was not thought properly is Malay and I assume profess Islam as their religion. Why? I am not able to tell you here. It s probably due to their lack of understanding of Islam itself or they are just ignorant. If it is due to their lack of understanding, then I put the responsibility on the people in power to explain Islam (the true Islam and not just to highlight on the Islamic Criminal laws alone and hinder people from getting near) but if it is due to their ignorance, then it is their fault that they do not go and seek guidance from the proper channel.

 

Let me put it this was about Islam. Islamic criminal laws, be it hudud or qisas or taqzir is only part of the Islamic principle of laws. There are several more branches of laws which the proper authority has failed to highlight to the people, be it people who profess Islam or those who do not. Islamic principles of laws such as the banking laws, contracts or further laws like the Islamic family law and Islamic constitutional laws etc.. If we were to read the Holy Quran cover to cover, we will find the fundamental principles of law such as law regarding human rights and laws regarding the relation between human and another human including but not limited to the banking laws, contract and trade.

 

Having said that, the point here is to show that principally, the laws especially Islamic laws are there not only to regulate but also to guide people who believe in it to the right path. That is the beauty of it as compared to the man made laws which only deal with the problem as and when it arises. Under the underlying principles of Islamic laws, the principles on prevention are always the crux of any Islamic principle of laws. For example, in banking laws or any transaction laws (I choose to highlight banking laws because it is widely accepted here in our country Malaysia) any elements of interest in its borrowing. Why? Because interest rates will be a burden to the borrower and at the end of the day interest rate nowadays is subject to changes. You may be subject to different rate at different times. Please do not bring out the point that the Islamic bank here in Malaysia is also charging a profit margin same as interest rate because there are some elements here in the principles which I agree not and anyway, if it is done in a proper way and in accordance with the Islamic principles, then Muslims are already safe in the eye of Allah.

 

Thus, this protect the borrower from the element of uncertainty and the profit rate is fixed at x amount for example at a particular time. This may not be the best example here as the Islamic banking laws in Malaysia is still developing and I have yet to get the confirmation from any of the Islamic advisers as whether they have been thoroughly advised on each of the scheme or plan offered by the banks but this is able to show you the presence of the Islamic laws in our daily transaction and Shariah does not only mean hudud, qisas or taqzir.

 

Take another example, why adultery is prohibited in Islam. Yes the prescription for the adulterers are whipping for the “virgins” and stoning to death for the “married” people. But we have to see the reasoning behind the prohibition. This is to, firstly, protect to sanctity of the family itself as we are trying to eliminate bastards in the community (not that I’m against any bastards as it is not their fault) and secondly, elevate the position of women in the community because only by marriage, women are allowed to be having any relations with a man.

 

It is not bad after all right. Further, I’d like to ask any women who likes their man to have multiple relations (out of wedlock) with another woman. This would save many marriages if we conform strictly to the Islamic principles of laws. We will not hear women complain about their men having extra marital relation with another women and if they are to marry another one, two or three (which I will give my thoughts on it when applicable), it is with the consent of the first wife (well the Islamic laws does not prescribe that but the Holy Quran does state that if a man feel that he will not be just to all of the wives, then one should be enough (which most men failed to take into consideration).

 

Thus, the crux here is not to look into one branch of the Islamic laws but to take it in totality. Embrace Islam not only when you pray or when you are fasting or getting married but practice Islam (and its teachings) in total throughout your life and spread it to your family and friends. If you are unable to understand, then it is your obligation to get explanation on the subject of which you failed to understand. There are a lot of qualified people who are willing to make us understand. That’s not difficult isn’t it? It is just a matter of you seeking help.

 

But what most of us failed to do is to get help on the matter (especially Islamic principles of laws) which we don’t understand and we tend to give comments on the matter which may derogate our faith (for those who is already Islam) and we tend to hinder the non-muslim to come near to Islam. By doing that, we are not only drifting away from the religion but we are also preventing others from understanding Islam.

 

For most of us Muslims, we must first and foremost believe strongly that Allah is the only Rabb for the universe (I do not use the word god here because it will only put alah at the same level god when Allah is more than that) and we must also believe that the teachings brought by the Prophet Muhammad (peace be upon him) is complete and there is no doubt about it. Believe me when I say, Islam is beautiful when you embrace it in totality and not in parts.