Dr. Syed Abdul Wadud
 
 

The Laws of Fiqah  
 
 
The Quran is the direct concern of every Muslim and it requires no intermediaries or priests to express the Divine message. The Muslims are required to use their own intellect, learn the Quran by themselves and take direct guidance from it. But unfortunately very few people make efforts in this direction. MIRACLE OR DELUSION?

They do not use the Quran as a source of law and guidance, they rather use it for purposes of taking oaths or making amulets. For guidance in the matters of 'Faith', they often approach a priest.

The Priest when consulted for any particular issue pertaining to Faith quotes the authority of some Leader or some so-called learned man and seldom quotes the authority of the Quran; thus taking the Leader as his Lord in derogation of God. His reason for doing so is that the Leaders can understand the Quran better than other people.

This behaviour on the part of the Priest has a historical background. When Muslims held the reigns of power for the first time, they took guidance from the Quranic fundamentals but they needed bye-laws within the four walls of these fundamental principles, for purposes of running the state. Those conversant with the teachings of the Quran gathered together and made the bye-laws according to the needs of the time. Such laws were forwarded to the Judiciary for application. As the laws were initiated by the state, any addition or alteration to them was the function of the state. This is how the 'Fiqah' laws originated.

It is apparent that these bye-laws were changeable with the changing needs of time. These were not immutable like the fundamentals of the Quran, within the four walls of which they were framed. Neither did the originators of these laws know the future requirement of all times to come, nor were they in a position of final authority for all future law-making. But unfortunately the Muslim generations that followed adopted the view that no further application of mind was required either for receiving fresh guidance from the Quran or for the introduction of fresh bye-laws consistent with the changing needs of the time.

They thought that the originators of the Islamic laws were the only competent persons who could think over it. Thus the Quran gradually came to be considered only as a book of highest reverence but not a book which could be used as a source of law. This wrong and objectionable attitude advanced further. It remained no more restricted to matters concerning our daily life, it also blocked the way of any further research on the Quran which is vast treasure of knowledge in so many ways. For example, it deals with the history of the past nations providing thereby guidance and moral lessons of the highest importance. It also deals with the phenomena of nature in support of the truth of its fundamentals, the subject being one of a most revealing nature introducing fresh horizons of knowledge. The result of this disuse of intellect was that a vast majority of Muslims became: "...like animals; no, they are eve worse. They are unaware 7:179. This verse from the Quran also says that such people have minds wherewith they understand not, eyes wherewith they see not and ears where-with they hear not. Such people (it is said) are heedless of warning.

Now let us consider this issue dispassionately. Does not such disuse of one's own intellect and judgement amount to worship of those who preceded us? Is it not taking others as creator's derogation of God? It is only the Creator of the universe Who has created and evolved things according to plan and Who possesses the knowledge of His future plans. Considering the decisions of o predecessors to be immutable amounts giving them an equal status with God. Truly it is priest worship.
 
The Lord of the universe has blocked the way of this exploitation of one set of people by another, through a forceful declaration that the Quran is explicit and self-explanatory . It needs no outside help for the clarification of its message; it needs only the intellect and judgement of the reader. Thus it is said: "This (the Quran) is a code of life whose laws are based on Permanent Values, further explained in detail - from One Who is Wise and Well-acquainted (with all things)." 11:1.

What has been the result of giving Fiqah laws, originated by Leaders, the status of immutability? The result, as we all know, is the permanent division of Muslim community into pieces, known as Sects. The Quran, as stated earlier, leads humanity as a whole, towards Universalism, making the Muslim community as the starting point. But Priests place hurdles in the way of God.
 
What a pity! But it is not only the Priest alone who has taken up this disgraceful and mischievous attitude, our law makers who are frightfully ignorant of the Quranic teachings, have bowed down to the Priests.

For example Article 20(b) of the Constitution of Pakistan says:- "Every religious domination and every sect thereof shall have the right to establish, maintain and manage its religious institutions". What a shame that Muslim sects have been provided rights to make their own laws in the Constitution of an Islamic State.

There is yet another outstanding product of the insolence of our law makers. Article 227 of the constitution of the Islamic Republic of Pakistan says- *: "All existing laws shall be brought in conformity with the injunctions of Islam, as laid down in the Holy Quran and Sunnah, in this part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such injunctions."

Explanation - In the application of this clause to personal Laws of any Muslim sect, the expression of "Quran and Sunnah" shall mean the Quran and Sunnah as interpreted by that sect.

This distinction between personal laws and public laws is a manifest subservience to man-made laws or the whims and wishes of Priests instead of divine laws. It is rather an open rebellion against the Quran. It is a sharp-edged axe which cuts at the very root of the unity of the Muslim community and it is a conspiracy against the establishment of an Islamic Social Order in the world at large.

The Quran says: "O you who believe! you shall observe God as He should be observed, and do not dies except as submitters." 3:102 Again it is said: "Those who create differences in Faith (i.e. the way of life prescribed by God) and divide themselves into sects (O Messenger of God!) you have nothing to do with them. Leave their affair for the law of God to decide. That will tell them how they acted". 6:159

Further on the Quran states: "But rather than preserve their unity, people split themselves into factions. Each group rejoices in what it adheres to. You had better leave them in ignorance for a while". 23:53-54

"Turn unto Him (and Him alone) and be afraid (of the consequences of turning away from his laws); establish Salat prayer and be not among those who follow laws other than His and thus set up peers to God (i.e.) be not of those who create cleavage in their social order and resolve themselves into various sects where each sect is obsessed with its own view of it". 30:31-32

Also: "And We gave them a clear code of life. It was only after the knowledge had come to them that they fell into schisms through mutual envy. Verily thy Lord will judge between them on the Day of Judgement in respect of that in which they differed". 45:17

The hurdles in the way of unity of mankind can be removed only by following the code of life revealed by the Creator of the universe, which ensures the security and development of human society. This code of life today lies safely reserved in the Holy Quran.

The Way of Escape
The way of escape from this miserable and unfortunate tangle in which our law makers are stuck, is as follows:

We must remember that it is impossible to bring about a Social Order in any country based on the Quran unless the true position of the Quran is established. The constitution of the state should be based on the Quran which is without exception accepted by all Muslims as the final authority in all matters and ensures human dignity for each and every member of the state without distinction of caste, creed or colour.
 
The Quran gives the basic principles which admit no change and constitute permanent values. Within the four-walls of these principles, the Quran allows the Islamic State to frame its own laws to suit the requirements of the time.
The principles remain immutable but the subsidiary laws change from time to time. This harmonious blending of permanence and change gives us the true Islamic Constitution. It shall recognise neither theocracy nor priesthood but shall place all individuals male and female on an equal footing, allowing none to command the others and subjecting all to one law.

It will encourage the spirit of democracy allowing it free-play within the boundaries laid down by the Quran.

In considering an issue, the Islamic State has to follow some procedure such as ascertain the principle bearing on the issue which God has given in the Quran. The Quran gives generally the principles which should govern various aspects of life in different ages according to the requirements of any particular age and visualize clearly the urges of the age and the state.

That is the basic issue which every Government of the State of Pakistan has evaded, resulting in uncertainties and a complete failure in the establishment of a stable Social Order.
 
If we stick to the idea that all that is written in the books of Hadith and Fiqah is as immutable a basis of `Faith' as the holy Quran, there is no possibility of establishing an Islamic Order.

Another Issue - Let us clarify one more important issue at this juncture. Division of Muslim community into sects and political parties is against the tenets of the Quran But a majority of our
Intelligentsia, as well as the media, uphold the party system. But these people totally forget that according to the holy Quran there is only one criterion for the division of mankind and that is on the basis of ideology. Those who believe in the Permanent Values of the Quran belong to one party and those who do not believe in it belong to the other party. (64:2).

At present there are two courses open. Either we adopt a secular regime with party system as an integral part of it or we reject the party system and adopt a regime bound by the dictates of the holy Quran. The latter shall provide safety, integrity and survival of The State and the former shall demolish the very foundation of the same.