18. FIQH AND SHAREE‘AH
Fiqh has been loosely translated into English as “Islamic law” and so has Sharee‘ah but these terms are not synonymous either in the Arabic language or to the Muslim scholar.
Fiqh literally means, the true understanding of what is intended. An example of this usage can be found in the Prophet Muhammad’s statement: “To whomsoever Allaah wishes good, He gives the Fiqh (true understanding) of the Religion.”1 Technically, however, Fiqh refers to the science of deducing Islamic laws from evidence found in the sources of Islamic law. By extension it also means the body of Islamic laws so deduced.
Sharee‘ah, literally means, a waterhole where animals gather daily to drink, or the straight path as in the Qur’anic verse,
“Then We put you on a straight path (Sharee‘ah) in your affairs, so follow it and do not follow the desires of those who have no knowledge.”
Islamically, however it refers to the sum total of Islamic laws which were revealed to the Prophet Muhammad, and which are recorded in the Qur’aan as well as deducible from the Prophet’s divinely-guided lifestyle (called the Sunnah).
The Distinction
From the previous two definitions, the following three differences may be deduced:
1. Sharee’ah is the body of revealed laws found both in the Quran and in the Sunnah, while Fiqh is a body of laws deduced from Sharee‘ah to cover specific situations not directly treated in Sharee‘ah law.
2. Sharee‘ah is fixed and unchangeable, whereas Fiqh changes according to the circumstances under which it is applied.
3. The laws of Sharee‘ah are, for the most part, general: they lay down basic principles. In contrast, the laws of Fiqh tend to be specific: they demonstrate how the basic principles of Sharee ‘ah should be applied in given circumstances.
Islamic law is fundamentally based on the main two sources of divine revelation: the Quran which represents the direct word of God to man, and the Sunnah which may be called the indirect word of God. Allah has said in the Quran concerning the statements of the Prophet Muhammad.
“He (Muhammad) does not speak from his desires. It is nothing but revelation sent down to him.”
The laws contained in these two sources are primary laws which can not be changed at any time. However, in the understanding and application of these laws, secondary sources have evolved. The most significant of them to this study of Usool al-Fiqh are Ijmaa‘, a consensus of opinion, and Qiyaas, the deduction of rulings by comparison.
Method
If we want to know how we should govern a country, or how we should judge criminals, as well as settle disputes between people, or even how to run our families, we should first look in the Quran, to see what Allah has to say on it then we should turn to the Sunnah to see what the Prophet did or said related to the topic. If we can not find what we are looking for, we look to see what points of law the Sahaabah (Companions of the Prophet agreed on. This area of agreement is called Ijmaa‘. If, after that, we are still unable to find what we are looking for, we are then allowed to use our own reasoning to come to a decision. This decision should have some support from the Quran, the Sunnah or Ijmaa‘, and if it does, it is called Qiyaas.
1. THE QUR’AAN
The Qur’aan is the word of Allaah as revealed to His last Prophet, Muhammad, in Arabic rhyme, whose recitation is used in Salaah and other forms of worship, and whose smallest chapter is a miracle in itself.
Miracle of the Quran
1. Allaah in the Quran challenged the Arabs, as well as all of mankind, saying to them,
“If you are in doubt about that which We have revealed to Our servant, bring one Soorah (chapter) similar to it”6
We all know that the smallest Soorah in the Quran is Soorah al-Kawthar having only 3 short verses yet, the Arabs at the time when the Quran was revealed were unable to make one like it.
2. The Quran contains certain scientific facts which were unknown in those days. For example, Allaah says that the chest of the disbeliever becomes tight as if he were ascending upwards into the sky,
“He whom He (Allaah) wills to leave astray, He makes his chest tight and compressed as if he were ascending up into the sky.”7
It was only recently that man discovered that the higher up into the atmosphere he travels, the less oxygen is present. So if one goes up high enough, he will have difficulty breathing and his chest will feel as if it is tightening due to the lack of oxygen. Allah also talks in the Quran about the movement of the sun and the moon saying that,
“It is He who created the night and day, the sun and the moon, all of them are floating in orbits.”8
Man only a few years ago found out that the moon travels around the earth in an orbit. As for the Sun, they now admit that it is moving within the Milky Way Galaxy which is itself moving in space also. But as of yet, they have not determined the exact pattern of its motion. Some feel it is in a straight line while others feel it might be circular. There are countless other scientific facts mentioned in the Quran which were totally unknown 1,400 years ago proving that it could only have come from the Creator.
3. Allah also made the Quran very easy to memorize. So easy, that millions and millions of Muslims have memorized it since its revelation. It is no smaller than the New Testament which Christians follow, yet no one has been known to have ever memorized the New Testament.
4. Allah has protected the Quran from any change at all. From the time it was revealed until now, it has remained the same. Allah made a promise in the Quran at the time of its revelation that He would protect it from change.
“Certainly it is We who revealed the Reminder (Quran) and it is indeed We who will protect it.”9
If all the other religious books in the world were destroyed, the only book which could be rewritten exactly as it was, is the Quran.
The Method of Legislation
Sections of the Qur’aan were continuously revealed to the Prophet Muhammad (r) from the beginning of his prohethood in the year 609 C.E. until shortly before his death (632 C.E.), a period of approximately twenty-three years. The various sections of the Quran were generally revealed to solve the problems which confronted the Prophet and his followers in both Makkah and Madeenah. A number of Qur’anic verses are direct answers to questions raised by Muslims as well as non-Muslims during the era of prophethood. Many of these verses actually begin with the phrase “They ask you about.” For example,
“They ask you about fighting in the forbidden months. Say, ‘Fighting in them is a grave offense, but blocking Allaah’s path and denying Him is even graver in Allaah’s sight.”10
“They ask you about wine and gambling. Say, ‘There is great evil in them as well as benefit to man. But the evil is greater than the benefit.”11
“They ask you about menses. Say, ‘It is harm, so stay away from (sexual relations with) women during their menses.”12
A number of other verses were revealed due to particular incidents which took place during the era of the Prophet. An example can be found in the case of Hilaal ibn Umayyah who came before the Prophet and accused his wife of adultery with another of the Prophet’s companions. The Prophet said, “ Either you bring proof (i.e., three other witnesses) or you will receive the fixed punishment (of eighty lashes) on your back.” Hilaal said, “Oh Messenger of Allah! If any of us saw a man on top of his wife, would he go looking for witnesses?” However, the Prophet repeated his demand for proof. Then angel Gabriel came and revealed to the Prophet the verse:
“As for those who accuse their wives and have no evidence but their own, their witness can be four declarations with oaths by Allah that they are truthful and fifth invoking Allah’s curse on themselves if they are lying. But the punishment will be averted from the wife if she bears witness four times with oaths by Allah that he is lying, and a fifth oath invoking Allah’s curse on herself if he is telling the truth.”14
The same was the case of Islamic legislation found in the Sunnah, much of which was either the result of answers to questions, or were pronouncements made at the time that incidents took place. For example, on one occasion, one of the prophets’ companions asked him, “ Oh Messenger of Allah! We sail the seas and if we make Wudoo (ablutions) with our fresh water we will go thirsty. Can we make Wudoo with sea water?” He replied, “Its water is pure and its dead (sea creatures) are Halaal (permissible to eat).”
The reason for this method of legislation was to achieve graduation in the enactment of laws, as this approach was more easily acceptable by Arabs who were used to complete freedom. It also made it easier for them to learn and understand the laws since the reasons and context of the legislation would be known to them. This method of gradual legislation was not limited to the laws as a whole, but it also took place during the enactment of a number of individual laws. The legislation of Salaah (formal prayers) is a good example of gradation in the enactment of individual laws. In the early Makkan period, Salaah was initially twice per day, once in the morning and once at night. Shortly before the migration to Madeenah, five times daily Salaah was enjoined on the believers. However, Salaah at the time consisted of only two units per prayer, with the exception of Maghrib (sunset) prayers which were three units. After the early Muslims had become accustomed to regular prayer, the number of units were increased to four for residents, except for Fajr (early morning) prayer and that of Maghrib. ”
Qur’anic Fields of Study
The body of information contained in the Quran, as a whole, may be grouped under three general headings with regards to the fields of study to which they are related:
First: Information related to Belief in God, His angels, His scriptures, His prophets, and the affairs of the next life. These topics are covered within the field of study known as theology (‘Ilm al-Kalaam or al-‘Aqeedah).
Second: Information related to deeds of the heart and soul, and moral principles and rules of conduct aimed at the development of nobility of character. These areas represent the field of moral science known as ethics (‘Ilm al-Akhlaaq).
Third: Information related to deeds of the limbs and contained within a body of commandments, prohibitions and choices.. This group represents the field of law.
Legal Content of the Quran
Islamic legislation in the Quran is comprised of a variety of acts which have been enjoined by divine decree on mankind. These acts may be grouped in two basic categories with regard to the parties involved in the acts:
1. Dealings between Allah and humankind. These are the religious rites which are not valid without correct intentions. Some of them are purely religious forms of worship, like prayer and fasting; while others are socio-economic forms of worship, like Zakaah (compulsory charity); and yet others are socio-physical forms of worship, like Hajj (pilgrimage to Makkah). These four acts of worship are considered the foundation of Islaam after faith (Eemaan).
2. Dealings among human beings. The laws governing these dealings may themselves be divided into four sub-sections relative to the subject matter of the dealings:
a) Laws ensuring and defending the propagation of Islaam. These are embodied in the codes of armed or unarmed struggle (Jihaad).
b) Family laws for the development and protection of the family structure. These include laws concerning marriage, divorce and inheritance.
c) Trade laws governing business transactions, rental contracts, etc.
d) Criminal laws governing business transactions, rental contracts, various crimes.
The Basis of Legislation in the Qur’aan
The Quran itself announces that it was revealed to reform human conditions. Islaam did not erase all pre-Islamic customs and practises. Instead, it removed every facet of corruption and cancelled all customs which were harmful to the society. Consequently, Islamic legislation forbade interest because it takes unfair advantage of the less fortunate members of society; fornication was forbidden due to its exploitation of women and the destruction of family bonds; and alcohol was prohibited because of the physical, psychological and spiritual damage which it inflicts on both the individual and society as a whole. Trade practices were reformed by making the basis of trade mutual consent, and by disallowing all deceptive business transactions. The existing system of marriage was organized by confirming certain forms and prohibiting others which were, in fact, fornication or something close to it. The basis of divorce was also recognized, but its pronouncements were limited.
Because Islaam did not come to destroy human civilization, morals and customs, in order to build on it a new civilization with new morals and customs, it looked at everything from the perspective of human welfare; what was harmful was removed and what was beneficial was confirmed. Allaah says in the Quran:
“It commands them to do righteousness and prohibits them from evil, and it makes allowable to them the good things and makes forbidden to them all filth.”21
Islaam is fundamentally a system of building and not one of destruction as its goal is reformation and not merely control and government. It should be noted, however, that Islaam’s confirmation of some Arab customs does not mean that it has taken its laws and principles from other sources, nor does it mean that those practises which it confirmed are not a part of divine law. Whatever Islaam confirmed is considered an integral part of the divine code for the following reasons:
1. Some of the practises were inherited from earlier generations to whom prophets had been sent. A good example of this is Hajj which was instituted by Prophet Abraham and Ishmael.
2. Islamic principles do not contradict human reason nor are they unintelligible. Instead, they free the human intellect from irrationality. Consequently, the recognize the useful results of human intellectual activity.
3. If the confirmed practises were not present, Islaam would have instituted them due to the existing human need for them.
Nevertheless, the number of confirmed practices were in fact, quite few in proportion to the many which were cancelled. And, furthermore, even the little that was confirmed was not kept in its existing form. Only its foundation remained untouched.
In order for Islamic legislation to achieve its goal of reformation, it has enacted a series of legal commandments and prohibitions which make up the rules of conduct governing the social system of Islaam. However, in the enactment of laws, the Qur’anic revelations have taken into consideration the following four basic principles:
1. The Removal of Difficulty.
The system of Islaam has been revealed for man’s benefit. It provides him with guidance in all walks of life in order to ensure for him a righteous lifestyle within a just society committed to the service of God. Islamic laws are not meant to be a burden, creating difficulties for man in order for him to grow spiritually, as some systems may claim. They are designed to facilitate mankind’s individual and societal needs. As such, among the pillars on which Islaam is based is the removal of unnecessary difficulties wherever possible. Evidence to support the fact that Islamic law is based on the concept of removal of difficulty can be found throughout the Quran. The following verses from the Quran are only a few examples:
“Allah does not burden a soul with more than it can bear.”23
“Allah wishes for you ease and He does not wish difficulty for you.”24
“He did not make any difficulty for you in the religion.”25
“Allah wishes to lighten the burden for you, for man was created weak.”26
Because of this principle, Allaah has enacted along with the divine laws a variety of legal concessions, like the permission to break fast, and shorten and join prayers during travel. Moreover, the consumption of prohibited substances (e.g pork and alcohol) in cases of dire necessity was also permitted.
“But if anyone is forced by hunger, with no inclination to transgression, Allah is indeed Oft-forgiving, Most Merciful.”27
The Prophet, who was the prime example of how Islamic law was to be implemented, was himself described as always choosing the easier path whenever a choice was given to him between two possible paths, as long as the easier path was not sinful. He was also reported to have said to some of his followers on the occasion of their dispatch as governors of Yemen, “Make things easy ( for the people) and do not make them difficult. Islamic legal scholars unanimously consider this concept an indisputable fundamental principle followed by God in the enactment of laws. Consequently, in their implementation of the divine laws, they have deduced many secondary laws on this basis.
2. The Reduction of Religious Obligations.
A natural consequence of the previous principle is that the total number of legal obligations should be relatively few. Accordingly, the prohibited acts and substances in Islamic legislation are quite few in comparison to those which are allowed by direct command or by the absence of any command or prohibition. This principle can be clearly seen in the method by which the Quran deals with prohibitions and permissions. In the case of prohibitions, the sub-categories are named and listed, while in the case of permissions, a general allowance is given due to the great number of categories included in it. For example, with regard to women with whom marriage is forbidden, Allaah states,
“Prohibited to you are your mothers, your daughters, your sister and your aunts…”31
After completing the prohibited categories, Allaah says,
“Except for these, all others are lawful, provided you seek them in marriage with a dowry and not for fornication.”32
As for foods, the forbidden categories are also listed in detail. The Quran states,
“Forbidden to you (for food) are: animals which die of themselves, blood, pork, animals slaughtered in the name of others besides Allah, animals killed by strangulation, or a blow, or a fall, or by being gored…”33
On the other hand, in regard to the permissible foods, Allaah states,
“On this day all good things are made lawful for you. The food of the people of the Book is lawful to you and your food is lawful to them…”34
Furthermore, in spite of the fact that the things which have been forbidden are quite few in comparison to those which have been permitted, the sun of one who is forced to take forbidden substances has also been lifted, as was mentioned previously. Allaah states this concession in a number of places in the Quran. For example:
“But if anyone is forced by necessity, without willful disobedience, nor transgressing due limits, there is no sin on him. For Allah is Oft-forgiving, Most Merciful.”35
It is also worth noting that the laws, on the whole, do not contain so many details as to create difficulty for those who wish to strictly follow the teachings of the Quran. Among the verses of the Quran which indicate the existence of his principle is the following:
“Oh you who believe, do not ask about things which, if made plain for you, will cause you trouble. But if you ask about them while the Quran is being revealed, they will be made plain to you. Allah has exempted them. And Allah is Oft-Forgiving, Most Gentle.”36
The prohibited questions concern issues about which Allah has chosen to enact prohibitions due to their questions. And, if they did not ask about them, they would have been left with a choice between doing them and not doing them. Included in this category is the Prophet’s response to a repeated question concerning whether Hajj was compulsory every year. He said, If i said yes, it would have become compulsory. Leave me alone concerning things which i have left up to you, for certainly those before you were destroyed because of their many unnecessary questions and their arguments and disagreements with their prophets.”In another narration, he was reported to have said, “If I have prohibited you from doing something, avoid it totally. But if I command you to do something, do as much of it as you can.”He was also reported to have said, “The Muslims who have committed the gravest offense against Muslims are those who asked about things which were not prohibited, but which became prohibited because of their questions.”
A good example of limitation of details can be found in the Qur’anic treatment of business transactions. The laws in this regard have not at all been detailed. Instead, general precepts suitable for all circumstances have been legislated. For example, Allaah states:
“Oh you who believe, fulfil your contracts.”41
“Allah has made trade lawful and prohibited interest.”42
“Oh you who believe, do not eat up your properties amongst yourselves unfairly. But there should be trade by mutual good- will.”43
3. The Realization of Public Welfare
Because the laws of Islaam were primarily enacted for the general good of all mankind, the Prophet was a universal prophet sent to all people till the end of time. Allaah stated that in the Quran in no uncertain terms:
“We have not sent you but as a universal messenger to mankind, giving them glad tidings and warning them (against sin), but most people do not realize it.”44
“Say, ‘Oh mankind, I am the messenger of Allah to all of you.’”45
Naskh (Abrogation)
The existence of abrogation within Islamic legislation is among the manifestations of human welfare considerations in Islamic legislation. God may prescribe a law suitable to people at the time of its enactment, or it may serve a particular limited purpose. However, its suitability may later disappear or its unique purpose may have been achieved. In such circumstances, the need for the law ceases to exist and its validity becomes cancelled. The following are only a few of many such examples which may be found recorded in both the Quran and the Sunnah.
Bequest (Waseeyah): In pre-Islamic Arab culture, the property of the deceased was inherited by his children, and parents would only inherit if a bequest were made. Thus, in the early stages of Islaam, Allah made the writing of a bequest for parents and relatives compulsory, in order to teach the new community of Muslims the importance of family rights with regard to their wealth.
“It is prescribed that when death approaches any of you, if he leaves behind any goods, that he makes a bequest to parents and next of kin, according to what is reasonable. This is due from the pious.”48
However, after the community willingly accepted this law and they began to strictly put it into practise, Allaah replaced it by revealing in the Qur’aan a clearly defined system of inheritance laws. And the Prophet further confirmed the abrogation of the old laws by stating, “Surely Allah has given everyone with a right (to inheritance) his right, so there should be no bequest for inheritors.”
Mourning Period: The widow’s mourning period was originally a full year, and it was compulsory for her husband to leave in his will provision for maintenance and housing during that whole period. The Quran states:
“If any of you die and leave widows behind, a request of a year’s maintenance and residence should be made for their widows. But if they leave the residence, there is no blame on you for what they do with themselves, provided it is reasonable. And Allah is exalted in power, wise.”50
Then the waiting period was reduced to four months and ten days.
“If any of you die and leave widows behind, they shall wait concerning themselves four months and ten days. When they have fulfilled their term, there is no blame on you if they dispose of themselves in a just and reasonable manner. And Allaah is well acquainted with all that you do.”51
And the bequest was cancelled by the verses on inheritance which stipulated a specific portion for widows: one quarter of all the inheritance if she did not have any children, and one eight if she had children.
Fornication: Originally, the punishment for the crime of fornication and adultery, as well as other sex crimes like homosexuality, was the confinement and punishment of offenders in their homes until they became repentant and sought to reform themselves.
“If any of your women are guilty of sex crimes, take the evidence of four witnesses from amongst you against them. And if they testify, confine them to house until death claim them, or Allaah ordain for them another way. If two men among you are guilty of sex crimes, punish them both; but if they repent and make amends, leave them alone. For Allah is Oft-returning, Most Merciful.”52
This law was later abrogated in the Quran by the setting of particular exemplary punishment.
“Flog the woman and man guilty of fornication one hundred lashes. And, if you believe in Allah and the Last Day, do not let compassion move you in their case for it is a matter decided by Allaah. And let a group of the believers witness the punishment.”53
Furthermore, the Prophet applied the punishment of stoning to death for those who committed adultery and set the death penalty for homosexuals without specifying the method.
A review of the abrogated verses indicates that the early law may be replaced by a more severe law, as in the case of the law for fornication which changed from confinement and punishment to lashes or stoning to death; or it may be replaced by a less severe law as in the case of mourning period for widows; or it may be replaced by a similar but more suitable law. At any rate, in all cases, the abrogated law was suitable for the time and circumstances under which it was revealed. When the situation changed, a new law was enacted in order to realize Allaah’s intent in the earlier legislation. Were it not for the situation of the Muslim community earlier, the abrogating law would have been enacted from the beginning. For example, in the case of the widow who was at first required to wait in her deceased husband’s house in mourning for the period of one year during which she could not get married, it was the custom of the Arabs to confine widows and prevent them from marriage for indefinite periods, lasting from a year to the remainder of their lives. And, during the period of confinement, they were obliged to wear their worst clothes. If the waiting period were reduced to four months and ten days along with the permission for them to leave their houses if they wished, the early Muslims would have had great difficulty in accepting it. Consequently, a year of mourning was set along with the cancellation of the confinement and the obligation of maintenance. Shortly after they had accepted the change and adjusted to it, the new law was revealed, reducing the period of mourning.
Thus, abrogation contained in it consideration for human conditions and their welfare the era of the prophethood which ended with the death of the Prophet, for there can be no abrogation after his time.
Legislative consideration of human welfare after the era of prophethood can be found in the fact that Islamic laws were enacted for reasons, many of which clearly mentioned. The following verses or portions of verses from the Quran are among the many cases where the purposes for the enactment of laws were explained:
“Oh you who believe, fasting has been prescribed for you as it was prescribed for those before you in order that you may be conscious of God.”58
“Take some charity from their wealth to purify them and make them grow (spiritually)…”59
“Satan’s plan is to incite enmity and hatred between you, with intoxicants and gambling, and prevent you from the remembrance of Allah and from prayer. Will you not then give it up?”60
The Prophet often made mention of the rationale behind his legal pronouncements. For example, in the case of the abrogation of the prohibition of visiting graveyards, he was reported to have said, “I had forbidden you from visiting the graveyards, however, permission has been given to me to visit the grave of my mother, So, visit them, for they do remind one of the next life.”61
The explanation of the reasons for laws indicates that the presence or absence of laws depends on the existence or non-existence of their causes. If the benefit for which the law was enacted is continuous, then the law is continuous; but if it has changed due to a change in circumstances, the law must also change; otherwise there would not be any benefit in its continued existence. On the basis of this principle, ‘Umar ibn al-Khattaab cancelled the distribution of the portion of Zakaah assigned for the encouragement of non-Muslims to accept Islaam which the Prophet used to give out. As he explained, the need for their encouragement existed during the time when Islaam was on the rise and in need of support, however, in his time the Islamic state was already firmly established.
Legislative consideration of human needs can also be found in the methodology of legislation. In the case of laws wherein human benefit will not change with time or conditions, Allaah has spelled out the details very clearly. For example, in the case of religious rites, family laws of marriage, divorce and inheritance, laws against crimes whose harm will not change with the passage of time, like murder, fornication and adultery, theft, and slander. As for things whose benefit or harm may vary from place to place, Allah has legislated general laws of universal benefit which may be implemented by those in authority according to human needs. Examples of this category can be found in the laws concerning business transactions and the structuring of the society. For example, Allaah said,
“Oh you who believe, obey Allah and obey the Messenger, and those in authority among you.”62
The Prophet (r) himself was reported to have said, “If a maimed Abyssinian slave is appointed over you and he conducts your affairs according to the Book of Allah , you should listen to him ( his orders ) . ”
Legislative consideration can also be found in the giving of precedence to the general welfare over individual benefit, and to the prevention of a greater harm over a smaller one. A good example of such a principle can be found in Islaam’s confirmation of the almost universal practise of plural marriage (polygyny). Islaam limited the maximum number of wives to four and outlined the responsibilities of those involved. Although sharing a husband may be painful to most women, the need for plural marriage in most societies evidenced by the corruption which results from its official prohibition demands its legislation. Therefore, for the general welfare of both men and women, Islaam recognized limited polygyny thereby giving precedence to the good of society over that of the individual woman.
4. The Realization of Universal Justice.
Islamic legislation considers all humans the same with regards to their obligation to submit to the divine laws and in their responsibility for breaking them. The laws mentioned in the Quran are all general, making no distinction between one group or another.
“Allah has enjoined justice and righteousness.”66
“Allah commands you to return your trusts to whom they are due, and when you judge between one man and another, that you judge justly.”67
“Oh you who believe, stand out firmly for Allah as witnesses to fair dealing. And do not let the hatred of a people cause you not to be just. Be just: for it is closer to piety, and fear Allaah for verily Allah is well aware of whatever you do.”68
During the era of the prophethood, a woman from the powerful tribe of makhzoom stole some jewelry and confessed to the crime when the case was brought before the Prophet. Her tribesmen wanted to avoid the shame of having the Quranic punishment applied to her, so they asked Usaamah ibn Zayd who was close to the Prophet to intercede on her behalf. When Usaamah approached the Prophet, he became very angry with him and said, “Do you dare to intercede in one Allaah’s fixed punishment?” He then called the people together and delivered a sermon in which he said, “The people before you were destroyed because they let the nobles go when they stole, but applied Allaah’s fixed punishment on the weak when they stole. By Allaah, if my own daughter, Faatimah, stole I would cut off her hand.”
Examples of Laws Derived from the Quran
1. Inheritance
If a person dies and leaves behind wealth for his children, it must be divided up amongst his heirs according to some system of rules. The Quran provides certain basic laws for the division of inheritance among the relatives of the deceased. Allaah says:
“Allaah advises you concerning your children’s (inheritance): the male should get a portion equal to that of two females. If there are only daughters, two or more should receive two-thirds of the inheritance and if only one her share is a half.”71
2. Theft
Similarly, if a person is caught stealing, the punishment for such a crime is mentioned in the Quran. Allaah said:
“Cut off the hands of the male and female thief as a punishment by example from Allah, for their crime.”
By Bilal Philips
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