By:
Ahmed Akgunduz
“The world today has
become one large village. Muslims and non-Muslims live side by side and have to
learn about one another, share commonalities and respect differences. At this
time more than one and a half billion Muslims live in this village. Some of them
are pious Muslims, trying to live in accordance with Islamic rules, whereas
others do not while believing that these rules come from God (the Qur’an), from
interpretations of His Messenger (the Sunnah) or the consensus of Muslim
jurists (ijmâ‘), and are at least rules derived via analogy (qiyâs) from the
main sources of Islam. Most Muslims think along these lines and agree with the
above.
The reader should
remember that Muslim individuals should live according to Islamic rules in
private, but no individual is responsible for implementing Islamic law. In any
event, the need to learn the facts about Islamic law is necessary for Muslims
as well as for non-Muslims if they live in the same society with Muslims, at
least in the sense of general information.
We should keep in mind here that only sovereign
Muslim states/governments have the legal authority to implement Islamic law. An
individual Muslim has no legal authority or power to implement Islamic law. The
law of Islam certainly does not say that every Muslim is obliged to implement
Islamic law. It matters not how efficient and popular that individual may be as
a brave warrior or a meticulous planner of unlawful and immoral schemes of
hatred, terror and destruction.
Only people who are
properly qualified and trained, and hold a license from Muslim governmental
authorities, have the authority to issue fatwâs. Not every Muslim individual
qualifies as a Muftî (a jurist-consult or scholar of law who has been given a
license to issue fatwâs.).
For this reason
Bediuzzaman says: “And we know that the fundamental aims of the Qur’an and its
essential elements are fourfold: divine unity (al-tawhîd), prophethood
(al-nubuwwah), the resurrection of the dead (al-hashr), and justice
(al-ʿadalah). Al-Adâlah means law. He adds in another treatise: “Let our
ulul-amr (satesmen and political authorities) think over implementing these
rules”.
This book is
divided into eight chapters. Chapter I. Because of the many misunderstandings
that arise, some terms related to Islamic Law, such as Sharî‛ah, fiqh, qânûn,
‘urf, Islamic Law, and Muhammadan Law are explained. Chapter II. Here, in this
chapter dedicated to references on Islamic Law, the real added value of this
book is found. Chapter III. This chapter looks at four periods of Islamic Law:
the period of the Prophet Muhammad, the period of the Companions, the period of
the Tabi‘în, and an introduction to the period of Mujtahidîn. Chapter IV.
We will provide detailed information here on the different
law schools and theological divisions. Chapter V. This chapter will be devoted
to a period of Islamic law that has been neglected in both old and new books
and articles, i.e. the period of Islamic Law after the Turks converted to Islam
(960-1926). Chapter VI. This chapter will focus also on three main subjects:
Anglo-Muhammadan law (Indo-Muslim law), Syariah or Islamic Law in Southeast
Asia, and Islamic Law in contemporary Muslim states like Egypt, Pakistan,
Morocco, Indonesia and Jordan. Chapter VII.
We will explain the
system and methodology of Islamic Law in this chapter. Chapter VIII. We will
give some brief information here on the implementation of Islamic Law, its
future; some encyclopedical works on Islamic law, and new institutions of
Islamic fiqh.”
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