Only God’s word is final, all else is debatable. A statement becomes truth, if it has universal acceptability. In this case, all religions ought to lead individuals into peaceful living and societies into peaceful co-existence. If you find issues with any words of any religion troubling, keep searching. If you jump and make ill-conclusions, it is your own balance in life. Finding the truth is one’s own responsibility, like being peaceful is one’s own responsibility. Remember Religion is pure goodness, evil comes from individuals and NOT religion.
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As part of the on-going debate on Shariah, I think it fit to reproduce the chapter, “Islamic Constitution” from my book, “The Essence of the Divine Verses”, which is a systematic study of the Quran. The chapter drafts an Islamic constitution based on the verses of the Quran. It has following headings:
- Objectives
- Symbol
- Fundamental Duties
- Fundamental Rights
- Fundamental Prohibitions
- Civil Laws
- Criminal Laws
I am reproducing here the first part. After I finish my work, “Quran’s Scientific and Social theories”, I intend to elaborate “Islamic Constitution” into a separate book with elaborate notes. Insha Allah.
Dr Javed Jamil
ISLAMIC CONSTITUTION
Islam is not just a religion; it is not merely a mosaic of rituals and ethics; it is a complete way of life. Thus it has a well-developed code for the individual as well as for family and society, and for the ruler as well as the ruled. The Qur’an provides comprehensive guidelines that have been and can be further developed into a complete social, legal, political and economic system.
As I have said in the preceding chapters, Islam characteristically possesses great flexibility. It does not usually pinpoint its laws but erects boundaries; the space within the boundaries is usually quite large. Within the space, the line of action may be changed time to time in accordance with the changing situations. This is true both at the individual and the social level. At individual level, for instance, even in case of religious exercises, a person is free to offer a minimum of 20 rak’ats (units) in 5 salaats and a maximum of 8 (of course more nawafil may also be offered). So if a person offers these 20 obligatory rak’ats, he commits no breach of his obligation and therefore deserves no punishment. But if he offers more, God’s reward will be greater. Similarly, at social level, the Qur’an sets forth guidelines for political structure. Within these guidelines, several models of government can be developed; but if the government violates the guidelines it cannot be regarded a true Islamic government.
When the reader goes through this chapter, he will certainly note with interest that Islam, unlike the constitutions that are in practice in different parts of the present world, gives extraordinary importance also to Fundamental Duties and Prohibitions in addition to Fundamental Rights. A system cannot be deemed complete unless it categorically answers three questions: what is one enjoined to do?, what is one permitted or entitled to do ?, and what is one prohibited to do? In most of the constitutions of the world, Fundamental Rights are given much greater stress than Duties, resulting therefore in a chaotic state where everyone is concerned with one’s rights but none cares about duties, resulting in suppression of the rights of the weaker section of society. And to the best of my knowledge, there is no constitution which can present a chapter of “Fundamental Prohibitions”. A proper balance between these three is the most wonderful aspect of Islamic constitution that makes it far superior model to the other systems.
In brief, Islamic constitution has well defined aims and objectives. These include endeavours to build a society free from evils, diseases and crimes, create an environment where there is no discrimination on any other ground than the actions of the individuals, and bring justice to people. In Islam, peace has a comprehensive meaning encompassing all aspects of individual, family and social life.
In the name of God, the Kind, the Merciful
CONSTITUTION IN THE QUR’AN
OBJECTIVES
(1) To work for the common good
Let there arise out of you a band of people inviting to all that is good, enjoining what is right, and forbidding what is wrong. They are the ones to attain felicity. (3: 104/A)
(2) To endeavour for the unity of mankind
O mankind! reverence your Guardian-Lord, who created you from a single person, created, of like nature, His mate, and from them twain scattered (like seeds) countless men and women.. (4: 1/A)
Mankind was but one nation, but differed (later). (10: 19/A)
And verily this Brotherhood of yours is a single Brotherhood, and I am your Lord and Cherisher: therefore fear Me (and no other). But people have cut off their affair (of unity), between them, into sects: each party rejoices in that which is with itself… (23: 52-53/A)
Verily, this brotherhood of yours is a single brotherhood, and I am your Lord and Cherisher… (21: 92/A)
(3) To work for peace at every level
The Religion before God is Islam. (3: 19/A)
(Islam, literally, means Peace and is defined as total submission to God.)
But God doth call to the Home of Peace: He doth guide whom He pleaseth to a way that is straight. (10: 25/A)
Therefore if they withdraw from you but fight you not, and (instead) send you (Guarantees of) peace, then God hath opened no way for you (to war against them). (4: 90/A)
There hath come to you from God a (new) light and a perspicuous Book,- wherewith God guideth all who seek His good pleasure to ways of peace and safety, and leadeth them out of darkness, by His will, unto the light,- guideth them to a path that is straight. (5: 15-16/A)
(4) To maintain universal harmony and balance
Thus, have We made of you an Ummat justly balanced, that ye might be witnesses over the nations, and the Messenger a witness over yourselves.. (2: 143/A)
And the Firmament has He raised high, and He has set up the Balance (of Justice), in order that ye may not transgress (due) balance. (55: 7-8/A)
(5) To work for justice at every level
And God means no injustice to any of His creatures. (3: 108/A)
O ye who believe! stand out firmly for justice, as witnesses to God, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for God can best protect both (4: 135/A)
Say: “My Lord hath commanded justice; (7: 29/A)
God commands justice, the doing of good, and liberality to kith and kin, and He forbids all shameful deeds, and injustice and rebellion: (16: 90/A)
NAME
The Religion before God is Islam. (3: 19/A)
(‘Islam’ means Peace through submission to His Will.)
It is He Who has named you Muslims, both before and in this (Revelation)… (22: 78/A)
(‘Muslim’ means one who has joined Peace by way of Submission to God)
SYMBOL
God made the Ka’ba, the Sacred House, an asylum of security for men, ……….(5: 97/A)
Turn then Thy face in the direction of the sacred Mosque; wherever ye are, turn your faces in that direction. (2: 144/A)
FUNDAMENTAL DUTIES
(1) Faith (or convictions)
O ye who believe! Believe in God and His Messenger, and the scripture, which He hath sent to His Messenger and the scriptures, which He sent to those before (him). Any who denieth God, His angels, His Books, His Messengers, and the Day of Judgement, hath gone far, far astray. (4: 136/A)
(2) Prayer
Times
..For such prayers are enjoined on believers at stated times. (4: 103/A)
Guard strictly your (habit of) prayers, especially the Middle Prayer; and stand before God in a devout (frame of mind). (2: 238/A)
And establish regular prayers at the two ends of the day and at the approaches of the night. (11: 114/A)
If ye fear (an enemy), pray on foot, or riding, (as may be most convenient), but when ye are in security, celebrate God’s praises in the manner He has taught you, which ye knew not (before). (2: 239/A)
Ablution
O ye who believe! when ye prepare for prayer, wash your faces, and your hands (and arms) to the elbows; Rub your heads (with water); and (wash) your feet to the ankles…(5: 6/A)
If ye are in a state of ceremonial impurity, bathe your whole body…(5: 6/A)
But if ye are ill, or on a journey, or one of you cometh from offices of nature, or ye have been in contact with women, and ye find no water, then take for yourselves clean sand or earth, and rub therewith your faces and hands; God doth not wish to place you in a difficulty, but to make you clean, and to complete his favour to you, that ye may be grateful. (5: 6/A)
O ye who believe! Approach not prayers with a mind befogged, until ye can understand all that ye say,- nor in a state of ceremonial impurity (except when travelling on the road), until after washing your whole body. (4: 43/A)
During difficult times When ye travel through the earth, there is no blame on you if ye shorten your prayers, for fear the Unbelievers May attack you… (4: 101/A)
When thou (O Messenger) art with them, and standest to lead them in prayer, let one party of them stand up (in prayer) with thee, taking their arms with them. When they finish their prostrations, let them take their position in the rear. And let the other party come up which hath not yet prayed – and let them pray with thee, taking all precaution, and bearing arms… (4: 102/A)
Direction
Turn then Thy face in the direction of the sacred Mosque: Wherever ye are, turn your faces in that direction. (2: 144/A)
Friday Prayers
O ye who believe! When the call is proclaimed to prayer on Friday (the Day of Assembly), hasten earnestly to the Remembrance of God, and leave off business (and traffic):
That is best for you if ye but knew! And when the Prayer is finished, then may ye disperse through the land, and seek of the Bounty of God. (62: 9-10/A)
Recite what is sent of the Book by inspiration to thee, and establish regular Prayer: for Prayer restrains from shameful and unjust deeds; and remembrance of God is the greatest (thing in life) without doubt. And Allah knows the (deeds) that ye do. (29: 45/A)
(3) Fasting
O ye who believe! Fasting is prescribed to you as it was prescribed to those before you…(2: 183/A)
Month of Fasting
Ramadhan is the (month) in which was sent down the Qur’an, as a guide to mankind, also clear (Signs) for guidance and judgement (between right and wrong). So every one of you who is present (at his home) during that month should spend it in fasting…(2: 185/A)
* …(Fasting) for a fixed number of days. (2: 184/A)
{NOTE: Fasts are 29 or 30 depending on the visibility of moon.)
Fasting in difficulties
..but if any one is ill, or on a journey, the prescribed period (should be made up) by days later. God intends every facility for you; He does not want to put to difficulties. (He wants you) to complete the prescribed period, and to glorify Him in that He has guided you; and perchance ye shall be grateful. (2: 185/A)
For those who can do it (with hardship), is a ransom, the feeding of one that is indigent. (2:184/A)
Rules
..eat and drink, until the white thread of dawn appear to you distinct from its black thread; then complete your fast till the night appears…(2: 187/A)
Permitted to you, on the night of the fasts, is the approach to your wives. …” (2: 187/A)
…. but do not associate with your wives while ye are in retreat in the mosques.( 2: 187/A)
(4) Zakat
(Literally, “the purifier”, indicates regular charity or poor tax, )
..practise regular charity…(2: 43/A)
How much?
They ask thee how much they are to spend; Say: “What is beyond your needs.” (2: 219/A)
Give of the good things which ye have (honourably) earned, and of the fruits of the earth which We have produced for you, and do not even aim at getting anything which is bad, in order that out of it ye may give away something, when ye yourselves would not receive it except with closed eyes. (2: 267/A)
Ushr (on the produce)
..eat of their fruit in their season, but render the dues that are proper on the day that the harvest is gathered. (6: 141/A)
For whom
Alms are for the poor and the needy, and those employed to administer the (funds); for those whose hearts have been (recently) reconciled (to Truth); for those in bondage and in debt; in the cause of God, and for the wayfarer…(9: 60/A)
It is not righteousness that ye turn your faces Towards east or West; but it is righteousness-to believe in God and the Last Day, and the Angels, and the Book, and the Messengers; to spend of your substance, out of love for Him, for your kin, for orphans, for the needy, for the wayfarer, for those who ask, and for the ransom of slaves…(2: 177/A)
* (Charity is) for those in need, who, in God’s cause are restricted (from travel), and cannot move about in the land, seeking (for trade or work). (2: 273/A)
If ye disclose (acts of) charity, even so it is well, but if ye conceal them, and make them reach those (really) in need, that is best for you: It will remove from you some of your (stains of) evil. (2: 271/A)
(V) Hajj (Pilgrimage)
Historical Significance
Behold! We gave the site, to Abraham, of the (Sacred) House, (saying): “Associate not anything (in worship) with Me; and sanctify My House for those who compass it round, or stand up, or bow, or prostrate themselves (therein in prayer). And proclaim the Pilgrimage among men: they will come to thee on foot and (mounted) on every kind of camel, lean on account of journeys through deep and distant mountain highways; That they may witness the benefits (provided) for them, and celebrate the name of Allah, through the Days appointed, over the cattle which He has provided for them (for sacrifice): then eat ye thereof and feed the distressed ones in want. Then let them complete the rites prescribed for them, perform their vows, and (again) circumambulate the Ancient House.” (22: 27-29/A)
And complete the Hajj or ‘umra in the service of God. (2: 196/A)
(Note: Umra is the smaller pilgrimage one that is performed at a time other than prescribed for Hajj.)
For Hajj are the months well known. (2: 197/A) (Note: in the month of Dhil-Hajj.)
Obligatory for?
Pilgrimage thereto is a duty men owe to God,- those who can afford the journey…(3: 97/A)
Rules
* ….If any one undertakes that duty therein, Let there be no obscenity, nor wickedness, nor wrangling in the Hajj. (2: 197/A)
But animals of the chase are forbidden while ye are in the sacred precincts or in pilgrim garb…(5: 1/A)
O ye who believe! Kill not game while in the sacred precincts or in pilgrim garb. If any of you doth so intentionally, the compensation is an offering, brought to the Ka’ba, of a domestic animal equivalent to the one he killed, as adjudged by two just men among you; or by way of atonement, the feeding of the indigent; or its equivalent in fasts: that he may taste of the penalty of his deed. (5: 95/A)
Lawful to you is the pursuit of water-game and its use for food,- for the benefit of yourselves and those who travel; but forbidden is the pursuit of land-game;- as long as ye are in the sacred precincts or in pilgrim garb… (5: 96/A)
..when ye are clear of the sacred precincts and of pilgrim garb, ye may hunt..(5: 2/A)
It is no crime in you if ye seek of the bounty of your Lord (during pilgrimage). (2: 198/A)
And an announcement from God and His Messenger, to the people (assembled) on the day of the Great Pilgrimage,- that God and His Messenger dissolve (treaty) obligations with the Pagans. (9: 3/A)
And complete the Hajj or ‘umra in the service of God. But if ye are prevented (From completing it), send an offering for sacrifice, such as ye may find, and do not shave your heads until the offering reaches the place of sacrifice. And if any of you is ill, or has an ailment in his scalp, (necessitating shaving), (he should) in compensation either fast, or feed the poor, or offer sacrifice; and when ye are in peaceful conditions (again), if any one wishes to continue the ‘umra on to the hajj, he must make an offering, such as he can afford, but if he cannot afford it, he should fast three days during the hajj and seven days on his return, making ten days in all. This is for those whose household is not in (the precincts of) the Sacred Mosque. (2: 196/A)
* ……..when ye pour down from (Mount) Arafat, celebrate the praises of God at the Sacred Monument, and celebrate His praises as He has directed you, even though, before this, ye went astray. (2: 198/A)
Then pass on at a quick pace from the place whence it is usual for the multitude so to do, and ask for God’s forgiveness. (2: 199/A)
Safa and Marwa are among the Symbols of God. So if those who visit the House in the Season or at other times, should compass them round. (2: 158/A)
The first House (of worship) appointed for men was that at Bakka: Full of blessing and of guidance for all kinds of beings: in it are Signs Manifest; (for example), the Station of Abraham; whoever enters it attains security…(3: 96-97/A)
(Note: First five are also known as Pillars of Islam)
VI) Jihad (Striving hard in the way of God)
Major (Peaceful) Jihad
And We shall try you until We test those among you who strive their utmost and persevere in patience; and We shall try your reported (mettle). (47: 31/A)
Those who believe, and suffer exile and strive with might and main, in God’s cause, with their goods and their persons, have the highest rank in the sight of God. They are the people who will achieve (salvation). Their Lord doth give them glad tidings of a Mercy from Himself, of His good pleasure, and of gardens for them, wherein are delights that endure. (9: 20-21/A)
Therefore listen not to the Unbelievers, but strive against them with the utmost strenuousness with the (Qur’an)….(25: 51-52/A)
Minor (Armed) Jihad
Fighting is prescribed for you..(2: 216/A)
Conditions for fighting:
Against aggressors and transgressors
Fight in the cause of God those who fight you, but do not transgress limits; for God loveth not transgressors. (2: 190/A)
Against oppressors
And why should ye not fight in the cause of God and of those who, being weak, are ill-treated (and oppressed)?- Men, women, and children, whose cry is: “Our Lord! Rescue us from this town, whose people are oppressors; and raise for us from thee one who will protect; and raise for us from thee one who will help!” (4: 75/A)
Against the forces of evil
Those who believe fight in the cause of God, and those who reject Faith fight in the cause of Evil: So fight ye against the friends of Satan: feeble indeed is the cunning of Satan. (4: 76/A)
Against the breakers of treaties
But if they violate their oaths after their covenant, and taunt you for your Faith,- fight ye the chiefs of Unfaith: for their oaths are nothing to them: that thus they may be restrained. Will ye not fight people who violated their oaths, plotted to expel the Messenger, and took the aggressive by being the first (to assault) you? (9: 12-13/A)
Rules after fighting starts
They ask thee concerning fighting in the Prohibited Month. Fighting therein is a grave (offence); but graver is it in the sight of God to prevent access to the path of God, to deny Him, to prevent access to the Sacred Mosque, and drive out its members.” Tumult and oppression are worse than slaughter. (2: 217/A)
If then any one transgresses the prohibition against you, transgress ye likewise against him.. (2: 194/A)
And slay them wherever ye catch them, and turn them out from where they have turned you out; but fight them not at the Sacred Mosque, unless they (first) fight you there; but if they fight you, slay them. (2: 191/A)
O ye who believe! when ye meet the Unbelievers in hostile array, never turn your backs to them. If any do turn his back to them on such a day – unless it be in a stratagem of war, or to retreat to a troop (of his own)- he draws on himself the wrath of God, and his abode is Hell,- an evil refuge (indeed)! (8: 15-16/A)
If ye gain the mastery over them in war, disperse, with them, those who follow them, that they may remember. (8: 57/A)
O ye who believe! When ye meet a force, be firm, and call God in remembrance much (and often); that ye may prosper: And obey God and His Messenger. And fall into no disputes, lest ye lose heart and your power depart…(8: 45-46/A)
But if they turn renegades, seize them and slay them wherever ye find them; and (in any case) take no friends or helpers from their ranks;- except those who join a group between whom and you there is a treaty (of peace), or those who approach you with hearts restraining them from fighting you as well as fighting their own people. (4: 89-90/A)
Conditions for ceasefire
If they withdraw not from you nor give you (guarantees) of peace besides restraining their hands, seize them and slay them wherever ye get them: In their case We have provided you with a clear argument against them. (4: 91/A)
If thou fearest treachery from any group, throw back (their covenant) to them, (so as to be) on equal terms: for God loveth not the treacherous. (8: 58/A)
Preparations
Against them make ready your strength to the utmost of your power, including steeds of war, to strike terror into (the hearts of) the enemies, of God and your enemies, and others besides, whom ye may not know, but whom God doth know. (8: 60/A)
O ye who believe! Take your precautions and either go forth in parties or go forth all together. (4: 71/A)
Martyrs
And say not of those who are slain in the way of God. “They are dead.” Nay, they are living, though ye perceive (it) not. (2: 154/A)
And if ye are slain, or die, in the way of God, forgiveness and mercy from God are far better than all they could amass. (3: 157/A)
Those who leave their homes in the cause of God, and are then slain or die,- on them will God bestow verily a goodly Provision: Truly God is He Who bestows the best provision. (22: 58/A)
Therefore, when ye meet the Unbelievers (in fight), smite at their necks; at length, when ye have thoroughly subdued them, bind a bond firmly (on them): thereafter (is the time for) either generosity or ransom: until the war lays down its burdens. (47: 4/A)
Be not weary and fainthearted, crying for peace, when ye should be uppermost: (47: 35/A)
Peace preferred
..but if they cease, Let there be no hostility except to those who practise oppression. (2: 193/A)
Therefore if they withdraw from you but fight you not, and (instead) send you (Guarantees of) peace, then God hath opened no way for you (to war against them). (4: 90/A)
But if the enemy incline towards peace, do thou (also) incline towards peace, and trust in God. (8: 61/A)
Alliances to be hnoured even with pagans
* ……with those Pagans with whom ye have entered into alliance and who have not subsequently failed you in aught, nor aided any one against you. So fulfil your engagements with them to the end of their term: for God loveth the righteous. (9: 4/A)
If one amongst the Pagans ask thee for asylum, grant it to him, so that he may hear the word of God. And then escort him to where he can be secure. That is because they are men without knowledge. (9: 6/A)
A (declaration) of immunity from God and His Messenger, to those of the Pagans with whom ye have contracted mutual alliances:- Go ye, then, for four months, backwards and forwards, (as ye will), throughout the land, but know ye that ye cannot frustrate God (by your falsehood) but that God will cover with shame those who reject Him. (9: 1-2/A)
And an announcement from God and His Messenger, to the people (assembled) on the day of the Great Pilgrimage,- that God and His Messenger dissolve (treaty) obligations with the Pagans. If then, ye repent, it were best for you; but if ye turn away, know ye that ye cannot frustrate God. (9: 3/A)
* (But the treaties are) not dissolved with those Pagans with whom ye have entered into alliance and who have not subsequently failed you in aught, nor aided any one against you. So fulfil your engagements with them to the end of their term..(9: 4/A)
But when the forbidden months are past, then fight and slay the Pagans wherever ye find them, and seize them, beleaguer them, and lie in wait for them in every stratagem (of war); but if they repent, and establish regular prayers and practise regular charity, then open the way for them: for God is Oft-forgiving, Most Merciful. (9: 5/A)
But (even so), if they repent, establish regular prayers, and practise regular charity,- they are your brethren in Faith: (thus) do We explain the Signs in detail, for those who understand. (9: 11-12/A)
Booty: share for the weak
And know that out of all the booty that ye may acquire (in war), a fifth share is assigned to God,- and to the Messenger, and to near relatives, orphans, the needy, and the wayfarer… (8: 41/A)
Exempt from fighting
There is no blame on those who are infirm, or ill, or who find no resources to spend (on the cause), if they are sincere (in duty) to God and His Messenger. (9: 91/A)
No blame is there on the blind, nor is there blame on the lame, nor on one ill (if he joins not the war)… (48: 17/A)
Be kind and just with non-hostile non-Muslims
God forbids you not, with regard to those who fight you not for (your) Faith nor drive you out of your homes, from dealing kindly and justly with them: for God loveth those who are just. God only forbids you, with regard to those who fight you for (your) Faith, and drive you out of your homes, and support (others) in driving you out, from turning to them (for friendship and protection). It is such as turn to them (in these circumstances), that do wrong. (60: 8-9/A)
Fighting against unjust Muslims
Whenever two factions of believers fall out with one another, try to reconcile them. If one of them should oppress the other, then fight the one which acts oppressively until they comply with God’s command. If they should comply, then patch things up again between them in all justice, and act fairly. God loves those who act fairly. (49: 9/Z)
VII) To enjoin justice
Say: “My Lord hath commanded justice.” (7: 29/A)
O ye who believe! stand out firmly for justice, as witnesses to God, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for God can best protect both. Follow not the lusts (of your hearts), lest ye swerve, and if ye distort (justice) or decline to do justice, verily God is well- acquainted with all that ye do. (4: 135/A)
..speak justly, even if a near relative is concerned… (6: 152/A)
O ye who believe! stand out firmly for God, as witnesses to fair dealing, and let not the hatred of others to you make you swerve to wrong and depart from justice. Be just: that is next to piety…(5: 8/A)
If they do come to thee, either judge between them, or decline to interfere. If thou decline, they cannot hurt thee in the least. If thou judge, judge in equity between them. For God loveth those who judge in equity. (5: 42/A)
Judge thou between them by what God hath revealed, and follow not their vain desires..(5: 49/A)
VIII) To enjoin good and forbid evil
Let there arise out of you a band of people inviting to all that is good, enjoining what is right, and forbidding what is wrong…(3: 104/A)
Hold to forgiveness; command what is right; but turn away from the ignorant. (7: 199/A)
Ye are the best of peoples, evolved for mankind, enjoining what is right, forbidding what is wrong… (3: 110/A)
IX) To invite to Way of God
Invite (all) to the Way of thy Lord with wisdom and beautiful preaching; and argue with them in ways that are best and most gracious…(16: 125/A)
X) To learn, research and teach
Moral Sciences
… if a contingent from every expedition remained behind, they could devote themselves to studies in religion, and admonish the people when they return to them….(9: 122/A)
History of Good and Bad
“Travel through the earth and see what was the end of those who rejected Truth.” (6: 11/A)
Research
Do they not travel through the land, so that their hearts (and minds) may thus learn wisdom and their ears may thus learn to hear? (22: 46/A)
Biology
“Travel through the earth and see how God did originate creation…(29: 20/A)
Physics and other sciences
See they not what is before them and behind them, of the sky and the earth? (34: 9/A)
See ye the water which ye drink? (56: 68/A)
See ye the Fire which ye kindle? (56: 71/A)
Do they not look at the birds, held poised in the midst of (the air and) the sky? (16: 79/A)
Seest thou not that it is God Whose praises all beings in the heavens and on earth do celebrate, and the birds (of the air) with wings outspread? Each one knows its own (mode of) prayer and praise. And God knows well all that they do. (24: 41/A)
Seest thou not that God created the heavens and the earth in Truth? If He so will, He can remove you and put (in your place) a new creation? (14: 19/A)
Seest thou not that God makes the clouds move gently, then joins them together, then makes them into a heap? – then wilt thou see rain issue forth from their midst. And He sends down from the sky mountain masses (of clouds) wherein is hail: He strikes therewith whom He pleases and He turns it away from whom He pleases, the vivid lash of His lightning well-nigh blinds the sight. (24: 43/A)
Seest thou not that God merges Night into Day and he merges Day into Night; that He has subjected the sun, and the moon (to his Law), each running its course for a term appointed; and that God is well-acquainted with all that ye do? (31: 29/A)
Seest thou not that God sends down rain from the sky, and forthwith the earth becomes clothed with green? For God is He Who understands the finest mysteries, and is well-acquainted (with them). (22: 63/A)
XI) To foster unity and brotherhood
Single Brotherhood
Verily, this brotherhood of yours is a single brotherhood, and I am your Lord and Cherisher: therefore serve Me (and no other). But (later generations) cut off their affair (of unity), one from another: (yet) will they all return to Us. (21: 92-93/A)
. Let there arise out of you a band of people inviting to all that is good, enjoining what is right, and forbidding what is wrong: They are the ones to attain felicity. Be not like those who are divided amongst themselves and fall into disputations after receiving Clear Signs… (3: 104-105/A)
One mankind
O mankind, We have created you from a male and female, and set you up as nations and tribes so you may recognise [and co-operate with] one another. The noblest among you with God is that one of you who best performs his duty…(49: 13/A)
Unity
And hold fast, all together, by the rope which God (stretches out for you), and be not divided among yourselves…(3: 103/A)
No conspiracies
In most of their secret talks there is no good: But if one exhorts to a deed of charity or justice or conciliation between men, (secrecy is permissible). To him who does this, seeking the good pleasure of God, We shall soon give a reward of the highest (value). (4: 114/A)
* …who (conduct) their affairs by mutual Consultation…(42: 38/A)
XI) To keep chaste and modesty
And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands, their fathers, their husband’s fathers, their sons, their husbands’ sons, their brothers or their brothers’ sons, or their sisters’ sons, or their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments. (24: 31/A)
O Prophet! Tell thy wives and daughters, and the believing women, that they should cast their outer garments over their persons (when abroad): that is most convenient, that they should be known (as such) and not molested. (33: 59/A)
Say to the believing men that they should lower their gaze and guard their modesty: that will make for greater purity for them: and God is well acquainted with all that they do. (24: 30/A)
FUNDAMENTAL PROHIBITIONS
1) Shirk (Polytheism)
Serve God, and join not any partners with Him… (4: 36/A)
II) Eatables
Forbidden to you (for food) are: dead meat, blood, the flesh of swine, and that on which hath been invoked the name of other than God; that which hath been killed by strangling, or by a violent blow, or by a headlong fall, or by being gored to death; that which hath been (partly) eaten by a wild animal; unless ye are able to slaughter it (in due form); that which is sacrificed on stone (altars); (forbidden) also is the division (of meat) by raffling with arrows: that is impiety. (5: 3/A)
But if one is forced by necessity, without willful disobedience, nor transgressing due limits,- then is he guiltless. (2:173/A)
III) Drinking and gambling
They ask thee concerning wine and gambling. Say: “In them is great sin, and some profit, for men; but the sin is greater than the profit.” (2: 219/A)
O ye who believe! Intoxicants and gambling, (dedication of) stones, and (divination by) arrows, are an abomination,- of Satan’s handwork: eschew such (abomination), that ye may prosper. Satan’s plan is (but) to excite enmity and hatred between you, with intoxicants and gambling, and hinder you from the remembrance of God, and from prayer. (5: 90-91/A)
IV) Economic corruption
Usury prohibited, Trade permitted
O ye who believe! Devour not usury, doubled and multiplied…(3: 130/A)
Those who devour usury will not stand except as stand one whom the Evil one by his touch hath driven to madness. That is because they say: “Trade is like usury,” but God hath permitted trade and forbidden usury. (2: 275/A)
Those who after receiving direction from their Lord, desist, shall be pardoned for the past…(2: 275/A)
* …But if ye turn back, ye shall have your capital sums. Deal not unjustly, and ye shall not be dealt with unjustly. (2: 279/A)
O ye who believe! Fear God, and give up what remains of your demand for usury, if ye are indeed believers. If ye do it not, take notice of war from God and His Messenger. (2: 278-279/A)
Hoarding condemned
O ye who believe! there are indeed many among the priests and anchorites, who in Falsehood devour the substance of men and hinder (them) from the way of God. And there are those who bury gold and silver and spend it not in the way of God. Announce unto them a most grievous penalty- on the Day when heat will be produced out of that (wealth) in the fire of Hell, and with it will be branded their foreheads, their flanks, and their backs, their flanks, and their backs.- “This is the (treasure) which ye buried for yourselves: taste ye, then, the (treasures) ye buried!” (9: 35/A)
Bribing bad
And do not eat up your property among yourselves for vanities, nor use it as bait for the judges, with intent that ye may eat up wrongfully and knowingly a little of (other) people’s property. (2: 188/A)
V) Forbidden degrees in marriage
Do not marry unbelieving women (idolaters), until they believe: a slave woman who believes is better than an unbelieving woman, even though she allures you. Nor marry (your girls) to unbelievers until they believe: a man slave who believes is better than an unbeliever, even though he allures you. (2: 221/A)
Also (prohibited are) women already married, except those whom your right hands possess. (4: 24/A)
And marry not women whom your fathers married,- except what is past: it was shameful and odious,- an abominable custom indeed. (4: 22/A)
Prohibited to you (for marriage) are:- your mothers, daughters, sisters; father’s sisters, mother’s sisters; brother’s daughters, sister’s daughters; foster- mothers (who gave you suck), foster-sisters; your wives’ mothers; your step-daughters under your guardianship, born of your wives to whom ye have gone in,- no prohibition if ye have not gone in;- (those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same time, except for what is past…(4: 23/A)
VI) Sexual corruption
No sex outside marriage
Nor come nigh to adultery: for it is a shameful (deed) and an evil, opening the road (to other evils). (17: 32/A)
No Homosexuality
If two men among you are guilty of lewdness, punish them both. If they repent and amend, Leave them alone; for God is Oft-returning, Most Merciful. (4: 16/A)
No forced marriages, no prostitution
O ye who believe! Ye are forbidden to inherit women against their will. (4: 19/A)
But force not your maids to prostitution when they desire chastity, in order that ye may make a gain in the goods of this life. But if anyone compels them, yet, after such compulsion, is God, Oft-Forgiving, Most Merciful (to them)… (24: 33/A)
VII) Murder
Nor take life-which God has made sacred – except for just cause. (17: 33/A)
Never should a believer kill a believer; but (if it so happens) by mistake, (compensation is due). (4: 92/A)
VIII) Spreading chaos in society
Do no mischief on the earth, after it hath been set in order but call on Him with fear and longing (in your hearts): for the Mercy of God is (always) near to those who do good. .(7: 56/A)
Oppressors condemned
The blame is only against those who oppress men and wrongdoing and insolently transgress beyond bounds through the land, defying right and justice: for such there will be a penalty grievous. (42: 42/A)
Tumult and oppression all-enveloping
And fear tumult or oppression, which affecteth not in particular (only) those of you who do wrong. (8: 25/A)
No meetings for mischief
O ye who believe! When ye hold secret counsel, do it not for iniquity and hostility, and disobedience to the Prophet; but do it for righteousness and self- restraint; and fear God, to Whom ye shall be brought back. (58: 9/A)
Secret counsels are only (inspired) by the Evil One, in order that he may cause grief to the Believers… (58: 9-10/A)
FUNDAMENTAL RIGHTS
I) Right to life
Nor take life – which God has made sacred – except for just cause. (17: 33/A)
* ……..take not life, which God hath made sacred… (6: 151/A)
..if any one slew a person – unless it be for murder or for spreading mischief in the land – it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people. (5: 32/A)
Kill not your children for fear of want: We shall provide sustenance for them as well as for you. Verily the killing of them is a great sin. (17: 31/A)
When news is brought to one of them, of (the birth of) a female (child), his face darkens, and he is filled with inward grief! With shame does he hide himself from his people, because of the bad news he has had! Shall he retain it on (sufferance and) contempt, or bury it in the dust? Ah! what an evil (choice) they decide on? (16: 58-59/A)
II) Right to freedom of conscience
Let there be no compulsion in religion…(2: 256/A)
To you be your Way, and to me mine. (109: 6/A)
Revile not ye those whom they call upon besides God, lest they out of spite revile God in their ignorance. Thus have We made alluring to each people its own doings. In the end will they return to their Lord, and We shall then tell them the truth of all that they did. (6: 108/A)
III) Right to equality
O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that ye may know each other (not that ye may despise (each other). Verily the most honoured of you in the sight of God is (he who is) the most righteous of you. (49: 13/A)
…stand out firmly for justice, as witnesses to God, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor… (4: 135/A)
IV) Right to personal freedom
Say: Who hath forbidden the beautiful (gifts) of God, which He hath produced for His servants, and the things, clean and pure, (which He hath provided) for sustenance? (7: 32/A)
The food of the People of the Book is lawful unto you and yours is lawful unto them. (5: 5/A)
Marry those among you who are single, or the virtuous ones among yourselves, male or female. (24: 32/A)
* (Lawful unto you in marriage) are (not only) chaste women who are believers, but chaste women among the People of the Book, revealed before your time,- when ye give them their due dowers, and desire chastity, not lewdness…(5: 5/A)
* ……Marry women of your choice, two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess..(4: 3/A)
Ye are never able to be fair and just as between women, even if it is your ardent desire: But turn not away (from a woman) altogether, so as to leave her (as it were) hanging (in the air). (4: 129/A)
* ……there may be no difficulty to the Believers in (the matter of) marriage with the wives of their adopted sons, when the latter have dissolved with the necessary (formality) (their marriage) with them. (33: 37/A)
When there come to you believing women refugees, examine (and test) them: God knows best as to their Faith: if ye ascertain that they are Believers, then send them not back to the Unbelievers. They are not lawful (wives) for the Unbelievers, nor are the (Unbelievers) lawful (husbands) for them. But pay the Unbelievers what they have spent (on their dower), and there will be no blame on you if ye marry them on payment of their dower to them. (60: 10/A)
God hath permitted trade and forbidden usury. (2: 275/A)
It is no crime in you if ye seek of the bounty of your Lord (during pilgrimage). (2: 198/A)
And when the Prayer is finished, then may ye disperse through the land, and seek of the Bounty of God. (62: 10/A)
From what is left by parents and those nearest related there is a share for men and a share for women, whether the property be small or large,-a determinate share. (4: 7/A)
It is prescribed, when death approaches any of you, if he leave any goods that he make a bequest to parents and next of kin, according to reasonable usage…(2: 180/A)
V) Right to consultation
….consult them in affairs (of moment).
(3: 159/Z)
VI) Right to form association
Let there arise out of you a band of people inviting to all that is good, enjoining what is right, and forbidding what is wrong: They are the ones to attain felicity. (3: 104/A)
VII) Right to retaliation
O ye who believe! the law of equality is prescribed to you in cases of murder. (2: 178/A)
In the Law of Equality there is (saving of) Life to you, o ye men of understanding; that ye may restrain yourselves. (2: 179/A)
We ordained therein for them: “Life for life, eye for eye, nose or nose, ear for ear, tooth for tooth, and wounds equal for equal.” (5: 45/A)
If then any one transgresses the prohibition against you, transgress ye likewise against him. (2: 194/A)
But if any one remits the retaliation by way of charity, it is an act of atonement for himself. (5: 45/A)
VIII) Rights of weaker sections
See rights of women—rights in marriage, divorce ,inheritance, direct and indirect attack on modesty, and other weaker sections in the chapter relating to CIVIL LAWS and CRIMINAL LAWS, and also in the chapter, “Social System”.
CRIMINAL LAW
(1) Murder
Hell for the murder
If a man kills a believer intentionally, his recompense is Hell, to abide therein (for ever): and the wrath and the curse of God are upon him, and a dreadful penalty is prepared for him. (4: 93/A)
Qisas or pardon
And if anyone is slain wrongfully, we have given his heir authority (to demand qisas or to forgive): but let him nor exceed bounds in the matter of taking life; for he is helped (by the law). (17: 33/A)
Compensation for an unintentional murder
Never should a believer kill a believer; but (If it so happens) by mistake, (compensation is due): If one (so) kills a believer, it is ordained that he should free a believing slave, and pay compensation to the deceased’s family, unless they remit it freely. If the deceased belonged to a people at war with you, and he was a believer, the freeing of a believing slave (is enough). If he belonged to a people with whom ye have treaty of mutual alliance, compensation should be paid to his family, and a believing slave be freed. For those who find this beyond their means, (is prescribed) a fast for two months running… (4: 92/A)
Reasonable compensation
But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude, this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty. (2: 178/A)
(2) Injuries
Equal punishment allowed, but remission is preferable
* ……. We ordained therein for them: “Life for life, eye for eye, nose or nose, ear for ear, tooth for tooth, and wounds equal for equal.” But if any one remits the retaliation by way of charity, it is an act of atonement for himself. (5: 45/A)
(3) War against System and mischief on the earth
The punishment of those who wage war against God and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter; except for those who repent before they fall into your power: in that case, know that God is Oft-forgiving, Most Merciful. (5: 33-34/A)
(4) Theft
As to the thief, male or female, cut off his or her hands: a punishment by way of example, from God, for their crime: and God is Exalted in power. But if the thief repents after his crime, and amends his conduct, God turneth to him in forgiveness…(5: 38-39/A)
(5) Adultery
Equal punishment for men and women for equal crimes
The woman and the man guilty of adultery or fornication,- flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by God, if ye believe in God and the Last Day: and let a party of the Believers witness their punishment. (24: 2/A)
Adulterer/ess restricted in marriage with righteous believers
The adulterer cannot have sexual relations with any but an adulteress or an idolatress; and the adulteress, none can have sexual relations with her but an adulterer or an idolater; to the believers, such a thing is forbidden… (24: 3/A)
..when they (slaves) are taken in wedlock, if they fall into shame, their punishment is half that for free women… (4: 25/A)
If any of your women are guilty of lewdness, take the evidence of four (reliable) witnesses from amongst you against them…(4: 15/A)
Rules for charges of adultery
And for those who launch a charge against their spouses, and have (in support) no evidence but their own,- their solitary evidence (can be received) if they bear witness four times (with an oath) by God that they are solemnly telling the truth; and the fifth (oath) (should be) that they solemnly invoke the curse of God on themselves if they tell a lie. But it would avert the punishment from the wife, if she bears witness four times (with an oath) by God, that (her husband) is telling a lie; and the fifth (oath) should be that she solemnly invokes the wrath of God on herself if (her accuser) is telling the truth. (24: 6-9/A)
(NOTE: The punishment for adultery (fornication) committed by an unmarried male or female is one hundred lashes, but the married adulterer or adulteress shall be stoned to death. It is argued by the jurists that the recitation of the verse dealing with ‘stoning to death’ had been suspended but its injunctions remained in force. There are some hadiths in favour of that argument. Many scholars, however, assert that the Qur’an clearly prescribes lashes not death.)
(6) Defamation of women
And those who launch a charge against chaste women, and produce not four witnesses (to support their allegations),- flog them with eighty stripes; and reject their evidence ever after: for such men are wicked transgressors;-unless they repent thereafter and mend (their conduct)…(24: 4-5/A)
And for those who launch a charge against their spouses, and have (in support) no evidence but their own,- their solitary evidence (can be received) if they bear witness four times (with an oath) by God that they are solemnly telling the truth; and the fifth (oath) (should be) that they solemnly invoke the curse of God on themselves if they tell a lie. But it would avert the punishment from the wife, if she bears witness four times (with an oath) By God, that (her husband) is telling a lie; and the fifth (oath) should be that she solemnly invokes the wrath of God on herself if (her accuser) is telling the truth. (24: 6-9/A)