Principles of the Application of Islamic Law

C. Principles of the Application of Islamic Law

Islamic law has a number of principles so that the purposes of its application can be achieved. According to Khudari Bik, there are three principles that form the basis for the application of Islamic law, namely: 55

1. Eliminating Trouble (raf ’u al-haraj) The first principle in the application of Islamic law is to eliminate the

difficulties ( al-haraj). Islamic Syari`ah was brought down into the earth in order to eliminate troubles that befall human being, not the other way around that it gave birth to new difficulties. There are texts that prove that the principle of Islamic Syari`ah is to ease people’s life and eliminate the difficulties that surround them. This is partly confirmed in the verses of the Qur’an and the hadith below:

55 Muhammad Khudari Bik, Tarikh at-Tasyri’ al-Islami, (Beirut:Dar al-Fikr al-Islami, 1967), pp. 15-18.

“Allâh intends every facility for you; He does not want to put you to difficulties” (Qur’an, al-Baqarah, 2: 185)

“Our Lord! Lay not on us a burden greater than we have strength to bear.” (Qur’an, al-Baqarah, 2: 286)

“Allâh doth wish to lighten your (difficulties): for man was created weak (in flesh)” (Qur’anic Verse. An-Nisa, 4:28)

“He has chosen you, and has imposed no difficulties on you in religion.”(Qur’an, al-Hajj 22: 78).

“I was sent to bring religion in favor of truth and easiness” (HR. Ath- Thabarani). 56

The arguments mentioned above prove that one of the main principles of Islamic Syari`ah is to eliminate all difficulties and worries. This means that Islam provides convenience to its followers to implement all the provisions in accordance with their capacity. If the Islamic Syari`ah imposes an injunction or prohibition which exceeds the limits of human ability, then Islam would

be difficult to be accepted by humans created with weak nature. The entire teachings and rules brought by Islam not out of human nature ( fitrah). Since

56 Abu al-Qasim at-Thabarani, al-Mu’jam al-Kabir li at-Thabarani (Cairo: Dar Ibnu

Taimiyyah, 1994), vol. 8, p. 170.

human beings are by nature weak, Islamic Syari`ah should not impose task too hard to carry out. 57 This has become one of the reasons why Islam survives

this far, namely because it is easy to run. From this principle of eliminating the difficulty, various legal waivers ( rukhsah) were introduced. For example, for those who are ill or traveling may not be fasting, eating haram for a person in

a desperate condition can be permissible, tayammum (ablution not with water but sands), forgiveness in certain penalties, diversion of sanctions and others.

2. Minimize people’s load ( taqlil at-takalif) This principle is a logical consequence of the first principles. Islamic Syari`ah is a comfort so that the laws are not being a burden too much. If too many rules are given, then the space of activity will be cramped and difficult. If more rules of law are prescribed, more violations may occur. Al-Qur’an, as a primary source of Islamic law, does not give detailed and in depth rules. The total number of legal provisions in the Qur’an is not many and these are easy to understand. This is confirmed by Qur’anic verse. Al-Maidah / 5: 101-102 as follows:

O you who believe! Ask not about things which, if made plain to you, may cause you trouble. But if you ask about them while the Qur’ân is being revealed, they will be made plain to you. Allâh has forgiven that, and Allâh is Oft Forgiving, Most Forbearing. Before you, a community asked such questions, then on that account they became disbelievers.

57 Ibnu Asyur, Maqashid as-Syariah, p. 60 .

The above verse is in line with the events narrated in the hadith of the Prophet the following:

From Abu Hurairah, he said that the Messenger of Allâh said, “O people, Hajj is obligatory upon you!” Then someone asks, “Is it every year, O Messenger of Allâh?” He ignored the question. That someone once again asked, “Is it every year, O Messenger of Allâh?” “Who asks that just now?” He asked. “Fulan”, replied the companions at that time. “By the One that my soul was in His hands, if I say yes, it will become mandatory. If it is already mandatory, you will not be able to execute it. And, if you are unable to perform, you must deny it. “(HR. Ad-Daruquthni). 58

3. Gradual Enactment of Law ( at-Tadarruj fi at-tasyri’ ) Before the arrival of Islam, different traditions have already rooted deep among the Arabs. Some of these traditions are maintained, while others must

be abandoned. To eradicate bad traditions, Islam doesn’t eliminate them once and for all without compromise, but it does it in a gradual manner. With this approach, Islam can be accepted to the Arabs at the time. In a mission to invite people to worship Allâh Almighty, the Prophet did not destroy the whole idols that were around the Ka’ba in the first place. Instead, he initially invited his companions secretly to embrace Islam. When preaching in Mecca, he used two approaches, namely covertly and overtly. Similarly, the Qur’an as a book

58 Abu Hasan al-Ali ad-Daruqutni, Sunan ad-Daruqutni (Beirut: Muassasah ar-Risalah,

2004) vol. 3, p. 340 .

of guidance also doesnot revealed 30 chapters at once, but sent down gradually for approximately 23 years. This gradual method aimed that the Islamic Syari`ah can be implemented gradually until it finishes in its completeness. 59

This principle is evident among others in banning drinking alcohol which was practiced in the tradition of Arab society at the time. Whenever an event or a particular celebration occurs, surely there alcoholic beverages are served. To discourage people from drinking alcohol, Islam doesnot directly prescribe the ban, but through the specific stages until it is absolutely forbidden for consumption. Allâh said as follows:

1. The first verse related to alcohol simply explained that the palm fruit as the main ingredient can be made intoxicating drinks and can also become source of a good income, Qur’anic verse an-Nahl, 16: 67 comes as follows:

“And from the fruit of the date-palms and the vine, ye get out wholesome drink and food: behold in this also is a Sign for those who are wise.”

2. In Medina, the verse about alcohol was revealed again. This verse did not explicitly forbid alcohol, since some Muslims still consumed it expecting the benefits contained in the drinks, as in the Qur’anic verse Al-Baqarah,

2: 219 it was proclaimed:

59 According to Manna’ al-Qatthan, reasons behind the Qur’an being revealed gradually are (a) to affirm the Prophet as a bearer of messages (b) as a challenge to the infidels (c) in order that it becomes easier to memorize and study (d) in order that Al-Qur’an becomes more dialogic to the reality then makes it possible to internalize its teachings in the hearts of believers gradually too. Manna’ Khalil al-Qatthan, Tarikh at-Tasyri’ al-Islami (at-Tasyri’ wa al-Fiqh) (Beirut: Muassasah ar-Risalah, 1993), pp. 47-53 .

“They ask you (O Muhammad SAW) concerning alcoholic drink and gambling. Say: “In them is a great sin, and (some) benefit for men, but the sin of them is greater than their benefit.” And they ask you what they ought to spend. Say: “That which is beyond your needs.” Thus Allâh makes clear to you His Laws in order

that you may give thought.”

1. One day Abdurrahman bin Auf made a feast for the community in the form of food and alcohol as a serve. All were present in the banquet and drank. Until it was time of maghrib, those who were still drunk went to pray in congregation. As a result, the reading of prayer became erratic

and disruptive. 60 For this not to happen again, a verse that forbid prayer

while in a drunken state came down, namely Qur’anic verse an-Nisa, 4:43, as follows:

“O ye who believe!Approach not prayer with a mind befogged, untill ye can understand all that ye say.”

After the verse was revealed, the Muslims were no longer taking wine ahead of time of the prayers for fear of drunk. They drank only after Isha prayer and up until just before dawn. When it was dawn, they were already clearheaded. Muslim society was still drinking wine up to that time.

2. Once Uthbah bin Malik entertained the public, both the Muhajirun (Emigrants) and the Anshar (Helpers), with camel meat and alcohol beverages. When in the end all were drunk, the situation became uncontrollable. Everyone present in the banquet boasted his tribe

60 Ibnu Katsir, Tafsir Ibnu Katsir, vol. 2, p. 309.

vilifying each other. The climax came when one of the guests, Sa’ad bin Abi Waqqas had been beaten. The companions then complained about the incident to the Prophet. Accordingly, came down a verse forbidding wine completely, namely Qur’anic verse al-Ma’idah / 5: 90-91: 61

“O you who believe! Intoxicants and gambling, (dedication of ) stones, and (devination by) arrows, are an abomination - of Satan’s handiwork: eschew such (abomination), that ye may prosper. Satan’s plan is (but) to exciteenmity and hatred between you, with intoxicants and gambling, and hinder you from the remembrance of Allah, and from prayer: will ye not then abstain?”

As this verse was revealed, after three other verses, the companions were no longer drink wine. Allâh established the law in evolution in order that law provide maslahah and not otherwise caused difficult and troublesome. Lessons can be drawn from the above is that to eradicate malevolent already ingrained in the society should be done gradually. In the above case, if Syari`ah prohibits wine abruptly, it is most likely the ban would be difficult to be accepted by the public at the time.