Islam

Islam

Thursday, 7 July 2022

Building Peace at Home: Take Care of Yourself


If you want to live in peace with others, first you have to find peace within yourself. How?

Taking care of yourself is very important, specially having time to connect with Allah.

Discuss with your family how you will support each other’s time and space.

Wednesday, 6 July 2022

INTIMATE ISSUES : SEX, MARRIAGE AND BEDROOM ETIQUETTE IN ISLAM

IntimateIssues1.jpgIslam is a holistic way of life.  It takes into account all of humankind’s needs; spiritual, emotional and physical.  Part of physical wellbeing includes sexual wellbeing and health.  God created sex not only for procreation but to fulfil humankinds need for intimacy.  Islam leaves no part of our lives unexplained and thus sexuality and intimacy are not topics that the Quran and the traditions of Prophet Muhammad, may God praise him, shy away from or neglect. 

Islam encourages marriage and has made it the only means through which one can satisfy their sexual needs.  There are well-known consequences if a person engages in premarital relationships or behaves in a promiscuous manner. These include unwanted pregnancies, the transmission of sexually transmitted diseases, family breakdown in cases of adultery and emotional difficulties arising from relationships without commitment.  Islam is aware of these complications and cautions the person who does not take the matter seriously.  Islam defines pre-marital and extra-marital sexual relationships as great sins. 

“Nor come closer to illicit sexual intimacy for it is a shameful and immoral, opening the door (to other immorality).” (Quran 17:32)

When a man or woman is able to marry, they should be encouraged and aided in their attempts to get married.  Also when the intention has been made clear, the couple should marry as quickly as possible to discourage any temptation to fall into sin.  Prophet Muhammad encouraged marriage however he encouraged fasting for those who did not have the means to marry.  He said: “Whoever among you possesses the physical and financial resources to marry should do so, because it helps one to guard their modesty, and whoever is unable to marry should fast, as fasting diminishes one’s sexual desire.”[1]

God, in infinite wisdom guides us away from the potentially destructive behaviour of pre-marital or extra-marital relationships and towards behaviour that allows us to live God centred lives while enjoying the closeness of a loving relationship.  In fact God rewards us for intimacy with our lawful partner.  Prophet Muhammad told his companions that “In the sexual act of each of you there is charity.” The Companions asked, “When one of us fulfils his sexual desire, will he be given a reward for that?” And he said, “Do you not think that were he to act upon it unlawfully, he would be sinning? Likewise, if he acts upon it lawfully he will be rewarded.”[2]

Giving pleasure to one’s spouse is a highly rewarding deed. Marriage itself is viewed in Islam as the longest, most continuous act of worship a Muslim will perform in the course of their lives. It is a partnership between two who seek to please God; thus, sexual intimacy between spouses is the ‘spark’ that strengthens this bond. As each person strives to fulfil the rights and needs of the other, an affection and fondness is achieved.  God stresses that a person will find intimacy and comfort in a lawful union. 

“And among His Signs is this, that He created for you wives from among yourselves, that you may find repose in them, and He has put between you affection and mercy.  Verily, in that are indeed signs for a people who reflect.” (Quran 30:21)

Prophet Muhammad, may God praise him, was known as a loving husband and a family man.  He was known to speak frankly to his companions, both men and women, when they asked him about matters of a sexual nature.  For example his responses to questions included such wise advice as, “None of you should fall upon his wife like an animal; let their be a ‘messenger’ between you.” “And what is a messenger?” they asked, and he replied: “Kisses and words.”[3]

Prophet Muhammad said: “If one of you says, when he has intercourse with his wife: ‘I begin with the name of God, O God, keep Satan away from me and keep Satan away from that which You bestow upon us,’ if it is decreed that they should have a child, Satan will never harm him.”[4]  

Prophet Muhammad was never embarrassed and strove to provide clear and understandable answers about all sorts of subjects including menstruation and orgasm.  A woman once asked the Prophet if she needed to take a bath after a wet dream to which he replied, “Yes, if she sees liquid.”[5]

God has ordained that our spouses be like our garments and that the husband and wife protect each other and be close companions.  However marriage has many psychological, emotional and physical aspects to it and all matters relating to physical, emotional and spiritual health must be addressed, because all three areas are vital for the marriage to survive in a healthy way.  God has given permission for married couples to fulfil their desires in many and varied ways and positions.  

“Your wives are a tilth for you, so go to your tilth when and how you will, and put forth [righteousness] for yourselves.   And fear God, and know that you will (one day) meet Him…” (Quran 2:223)

The Quran and the traditions of Prophet Muhammad also educate and advise us of any prohibitions within the confines of marriage.  It is taken and understood from the above verse of the Quran that within a marriage both the man and woman have the right to enjoy each other’s bodies and intimate companionship however they must avoid  having sex when the woman is menstruating or bleeding after childbirth  and  they must never engage in anal sex.

Below we will look at prohibitions in the bedroom and discuss sex education and its ability to teach children healthy Islamic attitudes towards marriage, sex and body image.

IntimateIssues2.jpgIslam offers clear guidelines for all worldly matters.  God did not create us and then abandon us to the cosmos.  He set out all that we need to know in the Quran and followed it up with the traditions of Prophet Muhammad. God did not leave us floundering about in a sea of misconceptions and misunderstandings; Prophet Muhammad educated us and taught us that one should ask if they do not know. Of course this indicates that one should be open and truthful and never shy away from asking difficult or embarrassing questions.  Thus a lot of what we understand about bedroom etiquette comes from the questions asked by the people around the Prophet, may God praise him.

God says to enjoy each other’s intimate company, to take pleasure, comfort and delight in the intimacy of marriage but He also sets out a few rules about unacceptable behaviour.  We learned from above that refraining from sexual intercourse when the woman is menstruating or still bleeding after childbirth is essential.  Both husband and wife should satisfy each other’s sexual needs and take into consideration the guidance of the Quran and the traditions of Prophet Muhammad, may God praise him. God, the Exalted, says:

And they ask you concerning menstruation.  Say, “It is a harmful thing, so keep away from women during menstruation, and go not in unto them until they are pure.  And when they have purified themselves, then come to them from where God has ordained for you.  Indeed, Allah loves those who are constantly repentant and loves those who purify themselves.” (Quran 2:222)

Post natal bleeding is treated in the same way as menstruation.  A couple should refrain from intercourse during this time and only recommence once the wife has performed the ritual bath.

We also learned that anal intercourse is a grave sin.  Prophet Muhammad said that the one who had anal intercourse with his wife was cursed.[1a]  In another documented tradition he said specifically to avoid the anus and having sex during the time of menstruation.[2b]  Even if anal intercourse is performed with the consent of the wife, or if she is menstruating, it is still a grave sin. Mutual agreement does not allow something that has been made forbidden.

Homosexuality (sex between members of the same gender) is also forbidden.  Homosexuality is not accepted in Islam and this website can provide you with more information on the reasons for this prohibition.    

It is permissible for a husband and wife to masturbate each other.  This comes under the rulings derived from the verse that encourages a married couple to enjoy and delight each other.  “Your wives are a tilth for you, so go to your tilth when and how you will…” (Quran 2:223)

As far as the issue of oral sex is concerned, it is also a part of enjoying each other’s company and it is governed by two conditions; it must not cause harm or degradation to either spouse, as well impurities must not be swallowed.

Having sex, even lawful sex will invalidate a fast.  Thus a couple must abstain from it while fasting. This may pose as a problem during the month of Ramadan, wherein a Muslim fasts around 30 days, but God has allowed married couples to engage in it after the fast has been broken.

“It has been made permissible for you the night preceding fasting to go to your wives [for sexual relations].  They are clothing for you and you are clothing for them.  God knows that you used to deceive yourselves, so He accepted your repentance and forgave you.  So now, have relations with them and seek that which God has decreed for you.  And eat and drink until the white thread of dawn becomes distinct to you from the black thread [of night].  Then complete the fast until the sunset…” (Quran 2:187)

The issue of sex education is often debated in Muslim communities but there is no doubt that Islamic education must include a component that explains intimate matters.  It is the responsibility of parents to prepare and educate their children about all aspects of their lives, including the physical and emotional changes that take place at puberty, and the Islamic position on sexuality.

Sadly within the Muslim community there are many misunderstandings about sexuality.  Many husbands neglect the right of sexual fulfillment that is owed to their spouses. They may even believe that a wife cannot be virtuous and sexual at the same time.  Feeling desire does not mean that a woman is promiscuous and Prophet Muhammad advised husbands to let their wives achieve sexual fulfillment.  He spoke about the importance of foreplay and using loving words during intimacy.  Sexual dissatisfaction is considered legitimate grounds for divorce on the part of either the wife or husband.  Such issues can be overcome with age appropriate sex education.

The relationship between a husband and wife is the foundation on which a family is built and good strong families are what make a strong community of believers.  Intimate issues between the husband and wife should always be seen as something special and private.  It is a right for both men and women. God alludes to it in the verse, “…They are clothing for you and you are clothing for them …” (Quran 2: 187) The word clothing symbolises a covering; just as a garment protects one’s body spouses, as well, act as a covering for each other by protecting one another’s secrets, honour and shortcomings.  In intimate situations words are spoken, secrets told, souls are laid bare.  These issues must be kept between the married couple except in circumstances of dire need such as medical matters. -islamreligion.com

FOOTNOTES:

[1]Saheeh Muslim

[2]Saheeh Muslim

[3]Musnad Al Firdaus- imām Daylami

[4]Saheeh Al-Bukhari, Saheeh Muslim

[5]Saheeh Al-Bukhari

[1a]Abu Dawood, Imam Ahmad

[2b]Ibid


Tuesday, 5 July 2022

THE QURAN ON SPIDER WEBS

"The example of those who take associates other than God is like that of the spider who takes (i.e.  constructs) a home.  And indeed, the weakest of homes is the home of the spider, if they only knew." (Quran 29:41)

This verse of the Quran comes from chapter 29, the Spider.  The part of interest here is that God mentions that the weakest of all homes is that of a spider.  In the rich Arabic language, the word "Awhan" is translated into the (weakest); and a deeper look into the meaning suggests that it means severe weakness and helplessness both physically and mentally.   

With the expansion of the study of nature and wildlife in the 20th and 21st centuries naturalists and scientists have unraveled, documented and videoed truly bizarre observations in the life of spiders.

Sexual Cannibalism

Out of the over 45,000 known species of spiders, it is very common that male spiders are killed and eaten by their female spouses[1]; a term known as sexual cannibalism.   It is not known why this occurs, however, one theory suggested by scientists is that the male's body provides the female with much-needed nutrients that enables her to lay healthy eggs.  A study by Spain's Experimental Station of Arid Zone revealed that in most spider species, aggressive females kill their mates indiscriminately regardless if the male is considered inferior or not.[2]  In many species, female spiders even kill potential mates they are not interested to mate with.[3]

Cannibal Jumping Spider by Anrico

Cannibal Jumping Spider - Credit: Shawn M.  Wilder

 

In some spider species, such as the dark fishing spider, the male spider automatically dies after mating due to internal reasons; and is then cruelly eaten by his bride.[4]  Other male spider species die automatically after mating only a few times and in the vast majority of species females outlive males; with males living for only a few months and females a few years.   

When lucky enough to mate and survive the ordeal, the smaller sized male spiders, knowing their spouse's cannibalistic instinct, will then immediately make a run for their lives[5]  leaving the female to nurse anywhere from a few dozen to around a thousand eggs all by herself.  Such is the case with the Brazilian Wandering Spider. 

In a further twist to spiders' lethal mating customs a study released by researchers Lenka Sentenska and Stano Pekar, from Masaryk University in the Czech Republic in 2013, found that in the Micaria Sociabilis species of black widow spiders both female and male spiders commonly kill and eat the other after mating; and that in this specific species, contrary to what was believed, male spiders more commonly kill and eat their spouses than females kill males.[6]

Life as a Spiderling

In the vast majority of species, the newly born spiderlings have only their mother to feed and protect them.  When food becomes scarce the mother is forced to feed her young unhatched eggs; hence a young spiderling must go through the trauma of eating their own unborn brothers and sisters to stay alive.[7]

When there are no more unhatched eggs to feed on and not enough insects falling into the web or caught by mother another common observation is that spiderlings, in desperation, turn cannibal on each other and the small overcrowded web turns into a confined cage of massacre.  Helpless as is she is, the mother spider also commonly engages in killing and eating her own young just to get through another day.    

Matriphagy

Yet the most bizarre part of a spider household is what happens when the female spider has reached unprecedented levels of desperation and anxiety and can no longer keep her young alive.  Having lost perhaps hundreds of her young and still stuck with several more hundred spiderlings; the mother, astonishingly, sacrifices her own body as food for her young by unleashing their killer instinct that makes them attack and eat her alive! This cruel process is known as matriphagy or "mother eating".[1a]

https://www.sciencenews.org/sites/default/files/2016/01/main/articles/notebook_alive_feat_05022015.jpg

Female Stegodyphus lineatus Spider being eaten alive by her own young – Credit: Jorge Almeida

What is known, so far, is that matriphagy is a process initiated by the female spider and that its methods vary from one species to another.  Venomous spiderlings even poison their own mother to death; but in all cases matriphagy is a slow and painful process that takes weeks before the mother spider actually dies as her body fluids are eventually consumed by her own young.[2b] 

Such a process has been observed and documented in ground spiders, the Stegodyphus lineatus spider[3c]  and crab spiders and only through further research can it be determined just how widespread matriphagy is in the miserable world of spiders. 

In retrospect, mating in the world of spiders, most often leads to the death of the male spider and the widowing of the female; the mother is left all alone with, on average, a few hundred young to feed and protect from predators, is forced to feed unhatched eggs to her spiderlings to keep them alive, and commonly eats her young to keep herself alive.  Spiderlings also turn to cannibalism and kill and eat each other; and ultimately and most astonishingly, in dire situations mother spiders sacrifice themselves to their own young to be eaten.  The final result, at best, only a few of the hundreds of spiderlings actually survive to leave the torment of the web.

Now, knowing the cruel nature of a spider's household, Praise be to God Almighty, Who mentioned that the worst household is that of a spider, long before naturalists and scientists started to study spider behavior in detail.  It can now be stated, as a fact, that life in a spider web is totally bizarre and after comparison with households of other creatures, is truly the worst, most cruel and miserable of all households!!!

The Message in the Verse of the Quran

There is a clear warning in the concerned verse of the Quran.  God has compared those who take associates or gods, with Him in worship, to those who take a spider's web as a home.  The Quran and the authentic traditions of Prophet Muhammad, may the mercy and blessings of God be upon him, are both extremely clear that only God, The Creator of all, deserves to be worshiped, directly, not through any intermediaries or associates.  This is known as Monotheism. 

"Worship God and associate nothing with Him" (Quran 4:36)

"And when Abraham said to his father and his people, ‘Indeed, I am disassociated from that what you worship (statues).  Except for He Who created me; and indeed, He will guide me.’" (Quran 43:26,27)

The message of Islam and of all the Prophets and Messengers is to worship God alone and that worshipping God through intermediaries or associates such as prophets, angels, pious people, animals, creatures, objects or anything is polytheism; the gravest of all sins.  All acts of worship, including supplication, prayers, and slaughter of animals should be directed only to God.   

The Quran mentions that such associates cannot even respond to (and in some cases, not even see or hear) the prayers of the person who is supplicating to them.  Such is the case when someone wrongly goes to the grave of a Prophet, or a deceased pious person, or a statue and supplicates and asks them to forgive his/her sins or cure him/her from an illness.  The previous-mentioned have zero ability to do the required.  Furthermore, God mentions that He never ordered any of His creation to take associates with Him; in fact all of mankind was created with the pure instinct that God Almighty is One and that He Alone has the right to be worshipped.    

The Unforgivable Sin

The largest of all sins, polytheism, is to associate anything with God Almighty in worship.  This is one sin that God has stated that He will not forgive in the Hereafter; while all other sins can be forgiven. 

Imagine the injustice of a person who was created by God (gently and mercifully in his mother’s womb) after once being nothing, who was gifted with a soul, was blessed with a brain, a heart, sight, hearing, feelings, a habitable, beautiful and scenic earth full of plants and animals to eat from, and raw materials which mankind has utilized to build cities and infrastructures; then this person does not give his praise, thanks and worship to God Almighty, instead gives so to a creation of God (that did nothing of the above-mentioned).  "And, when Luqman said to his son while he was advising him, ‘O my son, do not associate [anything] with God [in worship].  Indeed, association [with Him] is a great injustice.’" (Quran 31:13)

Those who die, not having repented from worshipping other than God, will lose in the Hereafter.  As for the human associates that used to be worshiped in this life they will dissociate themselves from the people who used to invoke them.  While, the non-human associates will turn against and betray the people who used to worship them; and will state (God will give them the ability to speak) that in reality no one was truly worshiping them.  As a result, both the invokers and non-human associates in worship will be placed in Hell.  "And [Abraham] said, ‘You have taken [for worship] idols instead of God, and the love between you is only in the life of this world.  Then on the Day of Resurrection you will deny one another and curse one another, and your refugee will be the Fire, and you will not have any helpers.’" (Quran 29:25)

Hence the spider web can be compared to Hell, a confined and miserable place of suffering.  The mother spider that gave her life, so that her young may live, can be compared to a person who used to worship many different associates (her many spiderlings) with God.  Since the non-human associates that used to be worshipped will also be in Hell and will betray the person who used to worship them, the result will be unbearable pain and suffering of that person, similar to how the spiderlings betray and turn on their own mother and are the cause of her torture and suffering in the web.  Only in the next life there will be no death; Hell and Heaven will be eternal. - islamreligion.com

FOOTNOTES:

[1]Pappas, Stephanie.  June 2016.  Male Orb-Web Spiders Are Choosy About Their Cannibal Mate.  Live Science.  Retrieved from http://www.livescience.com/54944-male-orb-web-spiders-choosy-about-cannibal-mate.html

[2]Gannon, Megan.  April 2014.  Food vs.  Sex: Why Some Female Spiders Eat Males Before Mating.  Live Science.  Retrieved from http://www.livescience.com/45066-virgin-female-spiders-eat-males.html

[3]Gannon, Megan.  April 2014.  Food vs.  Sex: Why Some Female Spiders Eat Males Before Mating.  Live Science.  Retrieved from http://www.livescience.com/45066-virgin-female-spiders-eat-males.html

[4]Lewis, Tanya.  June 2013.  Tough Love: Male Spiders Die for Sex.  Live Science.  Retrieved from http://www.livescience.com/37536-spiders-die-for-sex.html

[5]Szalay, Jessie.  December 2014.  Tarantula Facts.  Live Science.  Retrieved from http://www.livescience.com/39963-tarantula.html

[6]Cadieux-Shaw, Lillianne.  May 2013.  Study: Male Black Widow Spiders eat their Mates too.  Canadian Geographic.  Retrieved from http://www.canadiangeographic.ca/article/study-male-black-widow-spiders-eat-their-mates-too

[7]Englehaupt, Erika.  February 2014.  Some Animals …facts.  Science News.  Retrieved from https://www.sciencenews.org/blog/gory-details/some-animals-eat-their-moms-and-other-cannibalism-facts

[1a]Englehaupt, Erika.  February 2014.  Some Animals eat their moms, and other cannibalism facts.  Science News.  Retrieved from https://www.sciencenews.org/blog/gory-details/some-animals-eat-their-moms-and-other-cannibalism-facts

[2b]Please watch: http://channel.nationalgeographic.com/wild/worlds-weirdest/videos/mother-eating-spiders/

[3c]Zielinski, Sarah.  May 2015.  Animal moms sacrifice a lot – sometimes even themselves.  Science News.  Retrieved from https://www.sciencenews.org/blog/wild-things/animal-moms-sacrifice-lot-%E2%80%94-sometimes-even-themselves

Monday, 4 July 2022

Is it permissible for a daughter to perform hajj on behalf of her dead mother?

 In the Name of Allah, Most Gracious, Most Merciful. 

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.


In this fatwa:

  • When it comes to performing Hajj on behalf of the one that has passed away, any believer who has fulfilled their own obligation of Hajj can perform Hajj on behalf of another believer that has passed away.
  • This condition is not limited to parents alone and whether they have done their Hajj or not. If your parents performed Hajj before passing away you can still perform a Hajj on their behalf. The condition is that you fulfill your own obligatory Hajj first.

Learn more in this video by Sheikkh Omar Suleiman:

Almighty Allah knows best.

Source: FaithIQ

Sunday, 3 July 2022

The desperate efforts of neo-Darwinism

 


To counter the setback to Darwin's theory, neo-Darwinists propose fantastic new scenarios

The crisis surrounding Darwin’s theory deepened because of the laws of genetics discovered in the first quarter of the 20th century CE. An Austrian monk, Gregor Mendel, published his work in the proceedings of the local society of naturalists in Brünn, Austria (now Brno, Czech Republic), in 1866 CE, but none of his contemporaries appreciated its significance. It was not until 1900 CE, 16 years after Mendel's death, that his work was rediscovered independently by Hugo de Vries in Holland, Carl Erich Correns in Germany, and Erich Tschermak von Seysenegg in Austria.
Like several investigators before him, Mendel experimented on hybrids of different varieties of a plant. Mendel investigated the common pea plant (Pisum sativum). His methods differed in two essential respects from those of his predecessors. First, instead of trying to describe the appearance of whole plants with all their characteristics, Mendel followed the inheritance of single, easily visible and distinguishable traits, such as round versus wrinkled seed, yellow versus green seed, purple versus white flowers, etc. Second, he made exact counts of the numbers of plants bearing this or that trait; it was from such quantitative data that he deduced the rules governing inheritance.
 Nevertheless, a group of scientists who were determined to remain loyal to Darwin endeavoured to come up with solutions. They came together at a meeting organized by the Geological Society of America in 1941 CE. Geneticists such as G. Ledyard Stebbins and Theodosius Dobzhansky, zoologists such as Ernst Mayr and Julian Huxley, paleontologists such as George Gaylord Simpson and Glenn L. Jepsen and mathematical geneticists such as Ronald Fisher and Sewall Right, after long discussions finally agreed on ways to “patch up” Darwinism.
This cadre focused on the question of the origin of the advantageous variations that supposedly caused living organisms to evolve – an issue that Darwin himself was unable to explain but simply tried to side-step -- by depending on Lamarck. The idea they now focused on, was “random mutations”. They named this new theory “The Modern Synthetic Evolution Theory”, which was formulated by adding the concept of mutation to Darwin’s natural selection thesis. In a short time, this theory came to be known as “neo-Darwinism” and those who put forward the theory were called “neo-Darwinists”.
The following decades were to become an era of desperate attempts to prove neo-Darwinism. It was already known that mutations – or “accidents” – that took place in the genes of living organisms were always harmful. Neo-Darwinists tried to establish a case for “advantageous mutation” by carrying out thousands of mutation experiments. All their attempts ended in complete failure.
They also tried to prove that the first living organisms could have originated by chance under primitive terrestrial conditions that the theory posited but the same failure attended these experiments too. Every experiment that sought to prove that life could be generated by chance failed. Probability calculations prove that not even a single protein, the building-blocks of life, could have originated by chance. And the cell -- which supposedly emerged by chance under primitive and uncontrolled terrestrial conditions according to evolutionists – could not be synthesized by even the most sophisticated laboratories of the 20th century CE.
Neo-Darwinist theory is also defeated by fossil records. No “transitional forms”, which were supposed to show the gradual evolution of living organisms from primitive to advanced species as the neo-Darwinist theory claimed, have ever been found anywhere in the world. At the same time, comparative anatomy revealed that species that were supposed to have evolved from one another had in fact very different anatomical features and that they could never have been ancestors or descendants of each other.
Neo-Darwinism was never a scientific theory anyway, but was an ideological dogma that was elevated to the status of a pseudo “religion” by evolution scientists. This is why the champions of the theory of evolution still go on defending it in spite of all the evidence to the contrary. However,  they cannot agree on one point to prove the "truth" behind Darwinism and have proposed many different models to facilitate the realization of evolution as the “right” one. One of the most important of these models is the fantastic scenario known as “punctuated equilibrium”.
Even a layman taking an objective look at the neo-Darwinist theories that are being propagated with such fierce fanaticism, realizes how implausible they appear. When so-called 'rational' scientists adhere to them ignoring common-sense and scientific proof alike, one is forced to wonder whether there is something other than Science at stake. - islamweb.net

Saturday, 2 July 2022

THE JUDICIAL SYSTEM IN ISLAM : INTRODUCTION, ITS LEGAL BASIS AND ISLAM RULING

 

Man is a social being by nature.  He cannot live perpetually on his own, completely independent of others.  People are interdependent.  Consequently, friction arise between them when their personal interests come into conflict with each other, or when what they perceive as their individual rights infringe upon those of others.  Conflicts between them inevitably break out.  In some cases, one party to the conflict might be strong and aggressive while the other is weak and condescending, incapable of defending his rights.

Because of this, it becomes necessary for there to be a way to prevent people from oppressing one another, to ensure that the weaker members of society receive justice, and to determine right from wrong when issues get complicated or uncertain.  This can only be realized through a judge that has the power to give legal verdicts in cases of dispute.

For this reason, we find that the existence of a judge is considered by Islamic law and the laws of all the other revealed religions to be both a religious obligation and a necessity of human life.  God says:

“We have sent Messengers with clear proofs, and sent down with them the Scripture and the Balance that mankind can establish justice…” (Quran 57:25)

Islam – the religion that God wants for mankind from the time that He sent Muhammad, may the mercy and blessings of God be upon him until the Day of Judgment – shows great concern for the judicial system and those appointed to carry out its responsibilities.  Islam prescribes for it many legal injunctions.  How else could it be, when Islam is the religion of mercy, equality, and justice?  It is the religion that comes to free people from worshipping Creation and bring them to the worship of God.  It is the religion that comes to remove people from oppression and iniquity and bring them to the highest degree of justice and freedom.

God’s Messenger was the greatest of judges.  He used to act in the capacity of judge in the city of Medina, which was the first Islamic state.  He used to appoint people to be judges in other cities.  Among these were `Utâb b. Asyad who was sent to Mecca, Ali b. Abu Talib and Muadh b. Jabal, both of whom were sent to Yemen.

In the era of the Rightly Guided Caliphs, the head of state continued to be the one to appoint judges, govern their affairs, protect their independence, and keep the governors and political appointees – and even the Caliphs – subject to the judges’ verdicts.  Umar b. al-Khattaab, the second Caliph, was the first person to make the judge an independent entity, distinct from the Caliph and the governors.

In this way, the judicial system continued to evolve throughout the early Islamic era, during the Umayyad era, and well into the Abbasid era.  The office of Chief Justice came into being at this time.  The Chief Justice became responsible for appointing and removing judges.  He was responsible for supervising their behavior and monitoring their performance.  The first person to be appointed to this post was the justice Abu Yusuf, the student of the great jurist Abu Haneefah (may God have mercy on them both).  Thereafter, this office became widespread throughout the Muslim lands.  It continued to exist up to the fall of the Ottoman Empire.

The names of many just judges have been preserved in Islamic History.  Their names have become like synonyms for justice and integrity.  Many pages in the history books are devoted to the lives and careers of eminent judges like Iyâs b. Muawiyah, Shurayh b. Abdallah, al-`Izz b. `Abd al-Salam and others who applied the teachings of Islam in the best possible manner.  They give us a living example of how a Muslim judge is supposed to conduct himself.

We should mention, since we are discussing the Islamic judicial system, that Islam sets down broad guidelines and basic principles concerning the affairs of life and rarely concerns itself with the particular details of life.  This is so these guidelines can stay relevant for every time and place.  One of these guidelines is that establishing justice among people is an obligation that has to be carried out.  As for the manner of achieving this objective, this has not been detailed by the sacred texts.  This has been left for the people of each generation to deal with in a way most suited to their unique set of circumstances.  The only condition is that whatever methods are chosen must not run contrary to Islamic Law.

Defining the Judicial System and its Legal basis

The judicial system in Islam is a system for deciding between people in litigation with the aim of settling their disputes in accordance with the injunctions of the Divine Law, injunctions that are taken from the Quran and Sunnah.

All of the Messengers of God (peace be upon them) acted as judges.  God says:

“And remember David and Solomon, when they gave judgment concerning the field when people’s sheep had browsed therein at night, and We were witness to their judgment.  And We made Solomon to understand the case.  And to each of them We gave good judgment and knowledge.” (Quran 21:78-79)

God also says:

“O David, verily we have placed you as a successor on Earth, so judge between people in truth, and do not follow your desires for it will mislead you from the path of God.  Verily, those who stray from the path of God have a severe punishment because they forgot the day of reckoning.” (Quran 38:26)

Prophet Muhammad, who came with the final and eternal Message, was ordered by God to pass judgment in disputes just as he was ordered to spread the word of God and call people to Islam.  This is mentioned in the Quran in a number of places.  God says, for instance:

“So judge (O Muhammad) between them by what God has revealed and do not follow their vain desires, but beware of them lest they turn you away from some of what God has sent down to you.” (Quran 5:49)

God also says:

“…And if you judge (O Muhammad), judge between them with justice.  Verily, God loves those who act justly.” (Quran 5:42)

And He says:

“But no, by your Lord, they shall have no faith until they make you (O Muhammad) judge in all their disputes and find in themselves no resistance against your decisions and accept them with full submission.” (Quran 4:65)

The Sunnah also provides for the legal basis of the Islamic judicial system.  It is related by Amr b. al-Aas that the Prophet said:

“If a judge gives a judgment using his best judgment and is correct, then he receives a double reward (from God).  If he uses his best judgment but makes a mistake, then he receives a single reward.” (Ahmed)

God’s Messenger  said:

“You should not wish to be like other people, except in two cases: a man who God has given wealth and he spends it on Truth and another who God has granted wisdom and he gives verdicts on its basis and teaches others.” (Saheeh Al-Bukhari, Saheeh Muslim)

Many scholars have related to us that there is consensus among Muslims on the legal status of the judicial system in Islam.  Ibn Qudamah says:

“The Muslims are unanimously agreed that a judicial system must be established for the people.”

The Islamic Ruling Concerning the Judiciary

The jurists agree that the duties of the judge are an obligation that must be carried out by society.  If some members of society carry out this duty, it is sufficient for everyone.  If, on the other hand, everyone neglects it, then everyone in society is sinful.

The proof that these duties are obligatory comes from the Quran:

“O you who believe!  Stand out firmly for justice...” (Quran 4:135)

It is only necessary for a small number of individuals to perform judicial duties since judicial concerns come under the broad duty of enjoining what is right and forbidding what is wrong.  It is not obligatory for every individual to carry out this duty as long as some people are doing so.

The affairs of the people will not be correct and upright without a judicial system.  It is, consequently, obligatory for one to exist, just like it is necessary to have a military.  Imam Ahmad, one of the greatest and most well-known scholars of Islam said:

“People have to have a judicial authority or their rights will disappear.”

The duties of the judiciary include enjoining what is right, helping the oppressed, securing people’s rights, and keeping oppressive behavior in check.  None of these duties can be performed without the appointment of a judiciary.

A judicial system is a necessity for the prosperity and development of nations.  It is needed to secure human happiness, protect the rights of the oppressed, and restrain the oppressor.  It is the way to resolve disputes and ensure human rights.  It facilitates enjoining what is right, forbidding what is wrong, and curbing immoral behavior.  In this way, a just social order can be enjoyed by all sectors of society, and every individual can feel secure in his life, property, honor, and liberty.  In this environment, nations can progress, civilization can be achieved, and people are free to pursue what will better them both spiritually and materially. - islamreligion.com