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Chapter 15 of 986 min read
٣. الخصائص العامَّة للقرآن الكريم التشريعية
• Makki: brief guidelines, fundamentals of aqeedah, establish the foundation for laws of morality. The ayaat are very short in length and are very sharp. • Madani: long, detailed ayaat regarding explanations of the law. The Basis of Legislation in the Qur’an • Brevity of the Law Enacting general codes, not detailed provisions of the law. • The removal of difficulty Islamic law was made for the benefit of mankind. k"A `-Q 7 B yi( ) k k 3 x , - + 6 x , -+ 6 6 > k 3 75[ 3d-7 '"A 7![ D ; 3 %/V ; k 3 3,K )! / a /+ ` s"A ; 3 Q4 3 y " 3 1KS k 3F/ V )" ( "L 7 T7 7k x7 3/ a Qabeelat Tayybah TCE Notes Revolution 22
“Allah burdens not a person beyond his scope. He gets reward for that (good) which he has earned, and he is punished for that (evil) which he has earned. "Our Lord! Punish us not if we forget or fall into error, our Lord! Lay not on us a burden like that which You did lay on those before us (Jews and Christians); our Lord! Put not on us a burden greater than we have strength to bear. Pardon us and grant us Forgiveness. Have mercy on us. You are our Maulв (Patron, Suppor-ter and Protector, etc.) and give us victory over the disbelieving people” (alQur’an 2:286). Example: shortening and combining prayers while traveling. Concessionary laws (Rukhsa): Tayammum is an alternative means of purifying oneself for salah if water cannot be used. • The reduction of religious duties The haraam is very few while the halaal is uncountable. Most of what we enjoy in this life is halaal. Example: The reduction of the number of daily prayers from 50 to 5: Abu Dhar narrated: Allah's Apostle said, "While I was at Mecca the roof of my house was opened and Gabriel descended, opened my chest, and washed it with Zam-zam water. Then he brought a golden tray full of wisdom and faith and having poured its contents into my chest, he closed it. Then he took my hand and ascended with me to the nearest heaven, when I reached the nearest heaven, Gabriel said to the gatekeeper of the heaven, 'Open (the gate).' The gatekeeper asked, 'Who is it?' Gabriel answered: 'Gabriel.' He asked, 'Is there anyone with you?' Gabriel replied, 'Yes, Muhammad I is with me.' He asked, 'Has he been called?' Gabriel said, 'Yes.' So the gate was opened and we went over the nearest heaven and there we saw a man sitting with some people on his right and some on his left. When he looked towards his right, he laughed and when he looked toward his left he wept. Then he said, 'Welcome! O pious Prophet and pious son.' I asked Gabriel, 'Who is he?' He replied, 'He is Adam and the people on his right and left are the souls of his offspring. Those on his right are the people of Paradise and those on his left are the people of Hell and when he looks towards his right he laughs and when he looks towards his left he weeps.' Then he ascended with me till he reached the second heaven and he (Gabriel) said to its gatekeeper, 'Open (the gate).' The gatekeeper said to him the same as the gatekeeper of the first heaven had said and he opened the gate. Anas said: "Abu Dhar added that the Prophet met Adam, Idris, Moses, Jesus and Abraham, he (Abu Dhar) did not mention on which heaven they were but he mentioned that he (the Prophet ) met Adarn on the nearest heaven and Abraham on the sixth heaven. Anas said, "When Gabriel along with the Prophet passed by Idris, the latter said, 'Welcome! O pious Prophet and pious brother.' The Prophet asked, 'Who is he?' Gabriel replied, 'He is Idris." The Prophet added, "I passed by Moses and he said, 'Welcome! O pious Prophet and pious brother.' I asked Gabriel, 'Who is he?' Gabriel replied, 'He is Moses.' Then I passed by Jesus and he said, 'Welcome! O pious brother and pious Prophet.' I asked, 'Who is he?' Gabriel replied, 'He is Jesus. Then I passed by Abraham and he said, 'Welcome! O pious Prophet and pious son.' I asked Gabriel, 'Who is he?' Gabriel replied, 'He is Abraham. The Prophet added, 'Then Gabriel ascended with me to a place where I heard the creaking of the pens." Ibn Hazm and Anas bin Malik said: The Prophet said, "Then Allah enjoined fifty prayers on my followers when I returned with this order of Allah, I passed by Moses who asked me, 'What has Allah enjoined on your followers?' I replied, 'He has enjoined fifty prayers on them.' Moses said, 'Go back to your Lord (and appeal for reduction) for your followers will not be able to bear it.' (So I went back to Allah and requested for reduction) and He reduced it to half. When I passed by Moses again and informed him about it, he said, 'Go back to your Lord as your followers will not be able to bear it.' So I returned to Allah and requested for further reduction and half of it was reduced. I again passed by Moses and he said to me: 'Return to your Lord, for your followers will not be able to bear it. So I returned to Allah Qabeelat Tayybah TCE Notes Revolution 23
and He said, 'These are five prayers and they are all (equal to) fifty (in reward) for My Word does not change.' I returned to Moses and he told me to go back once again. I replied, 'Now I feel shy of asking my Lord again.' Then Gabriel took me till we '' reached Sidrat-il-Muntaha (Lote tree of; the utmost boundary) which was shrouded in colors, indescribable. Then I was admitted into Paradise where I found small (tents or) walls (made) of pearls and its earth was of musk” (alBukhari). • The realization of public welfare Exemplary punishment considers public welfare by deterring people from committing crimes. Takes precedence over individual considerations. (Omar suspended the chopping of hands for stealing during the famine in Madinah for the sake of public welfare). • The realization of universal values There is a subject in Usool al-Hiqh at high level called higher objectives of Islamic law, Imam ash-Shatibee was a master this field Islamic law came to preserve five necessities (Ad-Darurat):