Following the Shariah rules comprehensively

As da’wa carriers it is vital that we all adhere to the Shariah of Allah (swt) completely, as we are Muslims first and then da’wa carriers. Therefore we are all Ibadallah – slaves of Allah (swt) and are obligated to follow all of his commands and avoid all of his prohibitions.

As da’wa carriers we would be hypocrites if we were calling for the implementation of the shariah and not following the shariah ourselves.

The Muslim is commanded to conduct his actions according to the Shari'ah rules. Allah (swt) says:

"No by your God, they shall not have true belief until they make you judge in all disputes between them, and find in their souls no resistance against your decision, but accept it with the fullest conviction." [TMQ 4-65]

He (swt) also says: "Whatever the Messenger brought you take it and whatever he forbids you abstain from it and fear Allah." [TMQ 59-7]

Therefore, the Muslim should in principle abide by the Shari'ah rules. Besides the Shari'ah principle states: “Every action requires a shariah rule and every rule requires a daleel.” In other words, no matter should be given any rule whatsoever before the advent of the rule of Allah pertaining this matter. The Shariah rule is: “The address of the Legislator related to the actions of the servants.” Therefore, anything that has not been mentioned in the address of the Legislator cannot be considered a Shari'ah rule.

If a Muslim wanted to perform any action, it would be incumbent upon him to abide by the rule of Allah (swt) pertaining that action; thus, he must search for that rule until he recognises it and abides by it. This is what the verses and the Ahadith have indicated clearly. Therefore, it is forbidden for a Muslim to undertake any action or to act towards anything in contradiction to the Shari'ah rule; he should rather abide by the Shari'ah rule in every action he undertakes and in every matter. After Allah (swt) revealed:

"Today, I have perfected your Deen for you, completed my favour upon you and have chosen for you Islam as your Deen." [TMQ 5-3]

And after He (swt) revealed: "And We have sent down to you the Book explaining everything." [TMQ 16-89]

There is not any action left without a Shariah rule and evidences that establish it from the Quran and the Sunnah. It is forbidden for anyone, having perceived these two verses, to claim that some actions and some things or some situations are devoid of the Shari'ah rule, meaning that Shari'ah has completely ignored.

Every action has a hukm either Wajib/Fard, or Mandub, or Haram, or Makruh or Mubah.

In fact the meaning of Taqwa itself is to follow the commands and prohibitions of Allah (swt).

The son of ‘Ali (ra), Al-Hasan (ra) once said, “The people who have taqwa (al-muttaqoon) are the people who avoided whatever Allah (swt) has prohibited and have done whatever Allah (swt) has ordained.”

‘Umar ibn Abdul Aziz (ra) once said, “Taqwa is not by fasting the day and not by praying the night. And its not by mixing between the two of them. But taqwa is leaving what Allah (swt) has made Haram and by doing what Allah (swt) has made Fard. After one has done this, Allah (swt) will provide good things for that person.”

Sometimes it is possible that we may overlook the details of the shariah rules when it comes to our lives and may even be unaware of them. This is unacceptable for the Muslim and especially the da’wa carrier.

So today I want to give some examples which we think are relevant to us in terms of follwing the details of the shariah rules. As many of us come from backgrounds where we are not used to following the shariah rules in many areas. The areas I will focus upon are mainly to do with the social and economic rules.

Mixing between men & women

Islam has restricted the relationship between unrelated men and women and only allowed it in certain circumstances.

This separation is established by the overall Ahkam Shari'ah (divine rules) addressing the man separately, the woman separately, and both of them together. It is also established by the Qur'anic speech to women as women and men as men such as Allah's saying:

"The men and women who give charity and fasting men and women, and the men and women who guard their chastiity and the men and women who remember Allah much..." [Al- Ahzab: 35]and other verses. Such a segregated type of life is also reported as the actual practice in collective form since the days of the Prophet and throughout all the times of Islam.

In Islam, the basic principle of the interaction between men and women is segregation. This means that in all areas of life and in all places whether private or public, contact between men and women is generally prohibited. Many evidences establish the principle of not mixing between the sexes, and there are many ahadith which clarify that this is the case in both public and private areas:

Abu Daud narrated that the Prophet (saw) said, "The best row for men is the front row, (furthest to the women's row) and the best row for women is the back row and the worst is the front row (just behind the men)."

Ibn Umar said, "The Prophet prohibited men from walking between two women." Abu Daud.

Abu Daud narrated that the Prophet (saw) saw men and women outside the mosque moving side by side in the crowd. He stopped the women saying, "It is not proper for you to walk in the middle of the path, you had better walk along the walls."

This means that the Muslims should avoid contact with members of the opposite sex, whether Muslim or not, as a general rule. However, there are exceptions to this general rule, where the mixing or interaction between men and women is permitted in certain situations.

For example, it is permitted for men and women who are Mahrem to each other to mix freely for any purpose that Islam permits. As well, there are certain areas where it is permitted for non-Mahrem men and woman to interact with each other, such as for the purpose of Da'awa (invitation to Islam) or trade. However, the type of mixing that can occur here is not free, and is restricted by the shari'ah to be within certain guidelines and boundaries, and the Muslim must be sure to understand these before any type of mixing takes place. The ahkam (rules) to do with mixing also vary with regard to the kind of place in which the mixing takes place.

1) Medicine: It is allowed for men and women to mix for the purpose of seeking medical treatment. The Sahabiyat used to treat the Sahaba and the Prophet (saw) consented to that.

2) Da’wa: It is allowed for men and women to be present in the same class if the purpose of their mixing is learning about Islam or other types of education permitted by the Shari‘ah. The sister of Umar (ra) was being taught from the Quran by Khabab ibn Arrat (ra) with her husband when Umar entered upon them. It has been narrated that Umm Salamah and Aisha (ra) who used to do da'wa to men and women

3) Marriage: If a man is looking to marry a woman then he is allowed to talk to her about issues related to finding out about her and related to the marriage. A man came to the Messenger Muhammad (saw) to ask about marrying a girl and the Prophet (saw) told him to go and see her i.e. see her in her Mahram’s presence.

4) Duress or Compulsion: At times of absolute necessity or emergency, such as earthquakes, war or hurricanes, the necessary mixing is permitted for men and women in order to remove any danger or threat.

5) State arrest: The evidence for this is from Uthman and Umar (ra) said, "O women, cover yourselves we are entering" and he entered a house to arrest someone with his army and there was Ijma of the Sahaba (consensus of the companions) on this.

6) Eating: In Surah Nur Allah (SWT) says:

“The blind is not to be blamed, the crippled is not to be blamed, nor is the handicapped to be blamed, just as you are not to be blamed for eating at your homes, or the homes of your fathers, or the homes of your mothers, or the homes of your brothers, or the homes of your sisters, or the homes of your fathers' brothers, or the homes of your fathers' sisters, or the homes of your mothers' brothers, or the homes of your mothers' sisters, or the homes that belong to you and you possess their keys, or the homes of your friends. You commit nothing wrong by eating together or as individuals. When you enter any home, you shall greet each other a greeting from Allah that is blessed and good. Allah thus explains the revelations for you, that you may understand.” [TMQ 24:61]

For men and women to eat together is permitted in the places mentioned in the verse such as the home of your fathers or your friends as it says, “You commit nothing wrong by eating together or as individuals”.

However people should be careful that even though eating together with the women at a friends house is permitted that they should leave once they have eaten and beware of socialisation with the opposite sex which would be exceeding the permit.

7) Silat ar-rahm (maintaing the relationship between kith and kin): It is allowed for non-maharam relatives to sit with their non-maharam (people to whom marriage is permitted) for the sake of silat ar-rahm as long as it is without khalwah (privacy). There exist a number of hadith concerning the keeping of good relations with the relatives.

It was narrated by Anas b. Malik that the Messenger of Allah (saw) said: "Whoever loves that he be granted more wealth, and that his lease of life be prolonged, then he should keep good relations with his kith and kin". It is narrated by Abu Hurayra that the Prophet (saw) said: "Allah created His creation, and when He finished it, the womb got up and said, I seek refuge with you from Al-qatia (ties being severed with me)". On that Allah (swt) said: "Don’t you accept that I bestow my favours on him who keeps your ties, and withhold My favours from him who severes your ties?" On that it said, "Yes, Oh my Lord!" Then Allah (swt) said: "That is for you".

However it is not allowed to mix for the purpose of entertainment or just to socialise. For example the Prophet (saw) used to leave when Aisha (ra) friends used to come as it is not allowed to socialise with your sisters or wives friends if they are not related. Another example which is common today is the mixed weddings.

The Mixed party in weddings is haram. This includes the entrance of the bridegroom to the women’s room, sitting on the bridal throne besides his bride, taking photos for and the celebration of the women with him, when they are usually uncovered particularly if they are not mahrem to him. All of such mixing is haram as it mixing for a purpose which Islam did not allow i.e. entertainment. There should be separate halls for men and women or there should be a partition which would stop the women being seen, this should be at least a shoulder height partition.

We know that in reality today many weddings contradict these ahkam and even before the weddings such as mixed mehndi parties where the women and her friends play tricks on the groom to be and his friends. I know many brothers look for the halal alternatives – so when they attend their relatives weddings they ask to sit in a separate room or place which is physically segregated from the women. This creates problems with some relatives and families who do not follow and understand the shariah rules. But as Muslims we must understand that life is a test – in these are part of the tests from Allah (swt).

In some places the da’wah carriers are tested with their lives through torture, removal from their jobs, arrest and harassment of their families and they stick to the Deen. So who are we, if we cannot stick to the shariah rules just due to upsetting some people or our relatives?

source : www.islamicsystem.blogspot.com