General Principles of Islamic Law and Their Practical Application for Islamic Work

General Principles of Islamic Law and Their Practical Application for Islamic Work

There is an original approach to researching issues of Islamic work being used today by writers in the field, and that is to study these issues in the context of various legal or juristic principles. The impetus for developing such an approach has been the need to give many questions of contemporary Islamic work a proper grounding in Islamic Law, especially in light of the many unusual ideas and approaches that have recently surfaced in the practice of Islamic workers. Illuminating these efforts by sound Islamic legal principles can contribute to the accuracy of decision making in the field of Islamic work. These legal principles are also a fertile source from which new ideas can be developed and tested and from which useful parallels may be drawn.

Research into Islamic work that is conducted under the shade of the principles of Islamic Law or those of Islamic jurisprudence can provide original results that are accurate and that have a solid foundation in Islamic Law. This affords the efforts of Islamic workers with a degree of authority, since the major principles of Islamic Law enjoy the acceptance of the vast majority of jurists, and since recourse to these principles will make it easy for Islamic workers to quickly identify unacceptable practices that have come about only because of a lack of understanding, ignorance, or personal predilections.

To the extent of my knowledge, this approach to writing in the field of Islamic work is relatively new, though it has not been wholly neglected in the past. In all of this, however I am only talking about contemporary scholarship, since classical writers discussed various questions of Islamic work under the auspices of numerous other fields. Perhaps, this is because the need to conduct research into Islamic work as a discipline in its own right – as is the case today – has been dictated by the growing tendency for specialization.

Among the writings that I have come across that have taken this approach are Dr. Muhammad Abû al-Fath al-Bayânûnî's valuable book Islamic Legal Principles and their Role in Guiding Islamic Work , Dr. Muhammad Qabbâtî's The Islamic Laws of Earning wherein some practical applications for Islamic work are dealt with, and Nâsir Darwish's Principles of Islamic Law to Guide the Islamic Revival .

What I wish to contribute to this approach is to look directly at the reality of Islamic work as a practical, living example of Islamic legal principles in action.

Before embarking upon this endeavor, I must draw attention to two important points. The first is that Islamic work – the act of inviting people to Allah – is an act of devotion and worship. It is a pursuit that emanates from Islamic Law. Therefore, it is incumbent for us to review our practices to verify that our work in this field stems from genuine Islamic principles and is not just something that we have inherited from the practices of those who came before us. As long as Islamic work is a form of worship, it must be in accordance with what Allah wants from us.

The other point that needs to be made from the outset is that the practical applications of Islamic legal principles that are presented in this paper are the result of juristic discretion ( ijtihâd ). They are, therefore, open to review and subject to criticism. They can be discarded, supplemented, and amended. They are also subject to reassessment in light of their suitability for the various environments wherein Islamic work is conducted. Each environment brings its own, unique challenges that require us to use our juristic discretion to derive from the general principles of Islamic Law the proper Islamic rulings for the situation at hand.

For our purposes, a general principle of Islamic Law is defined as: a universal legal ruling or proposition from which are understood the particular legal rulings that are derived from it. [al-Bûrnû, al-Wajîz fî al-Qawâ'id al-Fiqhiyyah al-Kulliyah (16)]

The First Principle: Matters are to be considered in light of their objectives

There is evidence for this principle in the Prophet's statement: “Actions are but by intention, and a man will have only what he intended.” This hadith is of paramount importance. Indeed, some scholars have claimed that it has implications for at least seventy different branches of knowledge. Others have said about this hadith that it comprises a third of all knowledge.

Application of this principle:

1. Since Islamic work – calling people to Allah – is an act of devotion by which nearness to Allah is sought, an Islamic worker must have a correct intention. It is imperative that the crux of one's participation in Islamic activities and commitment to them is founded on a sound and sincere basis.

2. A person must ask himself why he is motivated to engage in Islamic work. Is he motivated by a desire for fame, material gain, cultural enrichment, or amusement? Or is he truly seeking to fulfill his duty to his Lord? Each person will be recompensed only in accordance with his intention. The more pure and noble the intention – and this varies depending on how beneficial it is for the person and for his community – the better the recompense and reward.

3. When we give attention to someone with particular talents or sponsor him, we must honestly assess why we are doing so. Is it merely because of our personal liking for that person or our desire to compete with our colleagues? Or, ideally, is it like Abû Hanîfah's sponsorship for Abû Yûsuf, where he supported him financially for ten years so he could devote himself to the pursuit of knowledge and as a result became one of the world's greatest judges and most preeminent legal scholars?

4. Someone might wrong you while you are engaged in Islamic work and not even realize he has done so or not understand just how badly he has offended you. He should not be treated in the same manner as someone who deliberately set out to harm you and fully appreciates how much he has offended you. It is absolutely necessary that you take his intended purpose into consideration. It behooves us to mention that ideally, a person engaged in Islamic work should really not be bothered with what others have to say as long as it does not affect his progress in what he is doing. Since he is not in it for himself, he should not worry about following up everything that others might have to say about him.

5. Islamic workers must be constantly vigilant against the tendency – that so often can creep upon them unawares – to make a display of their own knowledge at the cost of berating the knowledge possessed by others. Al-Ghazâlî calls our attention to this problem when he writes:

The scholar, when engaged in Islamic work, might take pride in himself by virtue of his knowledge and the ignorance of others. It might be that his motivation is conceit, to display his distinctiveness by grace of his knowledge and to berate his colleague by the disgrace of his ignorance… This is a seriously ignoble act with disastrous repercussions. It is a deception from Satan that every person succumbs to save those whom Allah makes aware of their own shortcomings and illuminates their vision with guidance. For indeed, in passing judgment against others a person finds great pleasure for himself. [ Ihyâ' `Ulûm al-Dîn (2/358)]

However, al-Ghazâlî also suggests a way for us to identify what our true motives are. He writes:

There is a test, and a way a person engaged in calling others to account can use to examine himself. It should be more beloved to him that a person should abstain from wrongdoing of his own accord or because someone else has called him to account for it than it is for him to have to go forth and undertake to call that person to account. If the duty of calling to account is uncomfortable and burdensome to him so that he would prefer that someone else would fulfill it, then his motivation for carrying it out is truly for the sake of the religion and he is in a good way. Conversely, if he does not like that some other person of knowledge or Islamic worker would carry it out instead of him, then he is only pursuing his desires, seeking to assert his own prestige by way of his calling others, so he should fear Allah in the matter and straighten himself out first. [ Ihyâ' `Ulûm al-Dîn (2/358)]

Sheikh Sâlih b. Humayd expresses some criticism for al-Ghazâlîs statement that “it should be more beloved to him that a person should abstain from wrongdoing of his own accord or because someone else has called him to account for it than it is for him to have to go forth and undertake to call that person to account.” He writes:

This is questionable in my opinion, especially if we consider the words of the Prophet (peace be upon him): “I swear by Allah; that for Allah to guide, through you, a single soul is better for you than the finest red camels.” [ Sahîh al-Bukhârî and Sahîh Muslim ] The competition with others that is going on here is in the pursuit of goodness.

Then we must consider Allah's words: “And who is better in speech than he who invites to Allah and works righteousness?” [ Sûrah Fussilat : 33] A person should endeavor to maintain his sincerity and pure intentions. [ Ma`âlim fî Manhaj al-Da`wah (28-29)]

6. In his book entitled al-Adhkâr (The Devotional Remembrances), al-Nawawî devotes an entire chapter to the topic “Slander of the Heart”, wherein he says the following:

If your heart is beset with an evil suspicion about someone, then this is from the whisperings of Satan. You should deny him, since he is the vilest of sinners, and indeed Allah says: “If a sinner comes to you with some news, verify it, lest you should harm some people in ignorance and, in doing so, have something to regret.” [ Sûrah al-Hujurât : 7]

It is not permissible to believe Satan. If there is some sign indicating that a person is engaged in sinful behavior while the possibility remains that it is otherwise, then rather ignore it, consider it problematic, and keep yourself from according it any recognition or respect or availing it in any way. Indeed Satan draws near to your heart with the least thought of people's wrongdoing, deluding it that this thought comes from your insightfulness, intelligence, and alertness.

A believer regards things with the light of Allah, and he is ever vigilant to verify the truth, cognizant of Satan's deceptiveness and darkness…No matter how much reason you are given to think ill of a Muslim, strengthen your recognition of that person and the respect you must accord him, for indeed this diminishes Satan's influence and repels him from you, so that he will refrain from casting such suspicions your way out of the fear that it will cause you to offer supplications for that person. [ al-Adhkâr (465-466)]

This is a brilliant concept that I hope Islamic workers and educators can take to heart and instill in the hearts of others. This is far better than the hatred and ill will that brings ruin so many hearts and incites so much enmity and rancor.

7. Advice is something to be given purely for the benefit of the one being advised. It must stem from sympathy and mercy. The person offering advice must do so for the sake of Allah. There is almost no difference between advice and the mere utterance of words aside from the intent behind it. How different is the intention to give someone advice from the intention to disgrace and dishonor someone, and how woeful it is for someone to let himself get these two motives confused.

The Second Principle: That which is established with certainty is not removed by doubt

This important principle is applied in every area of Islamic Law. It is estimated that the questions that are derived on its basis comprise three-fourths of all legal rulings. [Al-Suyûtî, al-Ashb wa al-Nazâ'ir (51). See also: al-Bûrnû, al-Wajîz fî al-Qawâ'id al-Fiqhiyyah al-Kulliyah (169)]

There is evidence for this principle in the Prophet's statement: “If one of you feels something in his stomach that makes him wonder if anything had passed from him, he should not leave the mosque until he either hears or smells something.” [ Sahîh Muslim ]

Al-Nawawî comments:

This hadîth sets forth a principle of Islam and a major axiom of Islamic Law, which is that things are legally assumed to remain as they are unless and until it is established with certainty that they are otherwise. Extraneous doubts are of no consequence. [ Sharh Sahîh Muslim (4/49)]

Application of this principle:

1. Any judgment made upon an individual, a group, or an organization must be subjected to a general, systematic, and rigorous process of verification. Unfortunately, the application of this process is not evident among certain groups engaged in Islamic work. This is especially the case when allegations are many and the sources of those allegations are highly respected. However, a Muslim is supposed to have a methodology that sets him apart from others; he does not speak injuriously of innocent people and he does not pass on any news that he is unsure of.

2. A Muslim takes it as a given that the initial presumption that must be had regarding another Muslim is one of innocence and good character. It is enough for us that Allah has not burdened us with investigating the affairs of others to find out what they have said and done. Allah says: “Each soul, for what it has earned, will be held to account.” [ Sûrah al-Mudaththir : 38]

The most despicable fate will befall us if we let Satan succeed in making us his instruments in spreading false witness. This problem is aggravated when the speaker of such a statement is one who is held in high esteem by those who love him and listen to him.

It is regrettable that much of the news that you hear among those engaged in good works falls within the gray area between certainty and doubt. However, in these circles there is a strong impetus for neglecting the verification of such things, like the desire to be the first to get the news across, or a desire to be seen as well informed, well connected, and on top of things.

3. The tendency to get carried along on the tide of uncertainties and doubts has destructive effects for Islamic work. One of these effects is that the circulation of rumors weakens Muslim solidarity. Often, such rumors target the people who are most prominent and who are noted for representing good, people who have influence and are held in high esteem the community. This brings about a lot of discontent and division. The severance of our unity, of course, pleases Satan to no end.

Another evil consequence of this is the loss of public confidence in Islamic workers and those people in society who are working for moral reform.

The tendency to pursue doubts also leaves the door wide open for the enemies of Islam to pit people of truth against one another, ensuring that they will never become united and strong. They give us rope to hang ourselves by introducing rumors in our midst. Indeed, they have proven to be experts at this rumormongering since the time of `Abd Allah b. Saba ' and up to this day.

We need to employ in our decision making a systematic and rigorous process of verification that relies upon solid evidence, analysis, and hard factual data, as opposed to emotional responses that are less a solution to our problems than they are a reaction to them. Otherwise, many of the solutions that we propose will only tend to aggravate those problems further.

The Third Principle: The presence of difficulty requires that allowances be made to effect ease

This principle embodies the fact that Islamic Law is built upon achieving ease and not upon imposing hardships. Whenever difficulties present themselves, the Law makes provisions to facilitate matters. The condition for such measures to be taken is that the difficulties are real and not imagined.

Allah says: “Allah intends for you ease and does not intend for you hardship.” [ Sûrah al-Baqarah : 185]

The Prophet (peace be upon him) said: “You have been sent forth to make things easy, not to impose difficulties.” [ Sahîh al-Bukhârî ]

`A'ishah said: “The prophet (peace be upon him) had never been given the choice between two things except that he would choose the easiest of the two, so long as there was no sin in it.” [ Sahîh al-Bukhârî ]

Application of this principle:

1. Ease of style and the conveyance of glad tidings are the rule in inviting to Allah. This means that all pretension, harshness and imposition must be avoided. Whatever people find difficult or show an aversion to should be overlooked as long as Islamic Law does not impose those things upon them. We must review our approaches to Islamic work. Some of those approaches impose difficulties that may be lightened. Left alone, some of them might bring about the opposite of what is desired from them.

For example, while participating in an educational program for the school system, I observed firsthand the commonly known fact that the ability of students to absorb information from a lecture decreases proportionally with the length of the lecture. If the lecture persists for more than an hour, information absorption practically grinds to a halt, especially with younger students. This is true when the lecture is dry and traditional, without anything novel introduced to stimulate interest and facilitate understanding. This requires us to reevaluate our approach, so we can avoid these difficulties that we already know are inherent in our present way of doing things and make our efforts more effective.

2. When a teacher or Islamic worker finds the aptitude of those to whom he is imparting instruction is less that what might be desired, he should not become neglectful of his own efforts on the pretext that the students are not up to par. Society is in dire need of all of its sons and daughters. If we were to impose such strict conditions on the people whom we are willing to instruct, many places in our society will be in want of people to serve them. What Islam wants from us is to guide others to what is right as much as we can.

3. An Islamic worker will inevitably run up against some obstacles that will impede him in his efforts. Allah says: “Do the people think that they will be left to say ‘We believe' and they will not be tried? But We have certainly tried those before them, and Allah will surely make evident those who are truthful, and He will surely make evident the liars.” [ Sûrah al-`Ankabût : 2-3]

Such obstacles prevent the Islamic worker from carrying out the duties that are demanded of him, or at the very least cause him to fall short of his objectives. Therefore, it is necessary for him to expend every effort to overcome those difficulties as best he can. After that, he will be excused for whatever he simply cannot do and will be above reproach for it.

4. Islamic workers and educators will find themselves in situations that require them to exercise patience and to use a gradual approach to achieve reform. Such situations are among the difficulties that require allowances to be made. Taking a gradual approach becomes absolutely necessary at such times, in consideration of the fact that calling people to the truth is a duty that cannot be carried out otherwise. One of the axioms of Islamic Law is that when something obligatory cannot be carried without something else, then that other thing becomes obligatory as well.

5. Calling to Allah is an obligation upon everyone who is able to do it. It is a mighty endeavor that cannot be furthered by a single individual acting alone. The fact that there is such a heavy burden being imposed upon us requires us to cooperate with one another in carrying it out. Responsibilities should be meted out to people according to each person's particular skills and abilities. Those who are in positions of heavy responsibility should not be left alone to make their own way. Cooperation can be of a complementary nature. The small contributions that can be made by some should not be looked upon with disdain.

The Fourth Principle: Harm should be removed

Islamic Law completely forbids that which causes harm. That which is harmful must be completely avoided whenever possible. When it is not possible, then the lesser of two evils should be perpetrated to avoid the greater. That which brings harm on a smaller scale is to be preferred to that which visits general harm to society. Likewise, the avoidance of harm takes priority over the attainment of some benefit.

Evidence for this principle can be found in the Prophet's statement: “There must be neither harm nor the imposition of harm.” [ Sunan al-Daraqutnî (3/77), al-Mustadrak (2/57), and Sunan al-Bayhaqî (6/69)]

Application of this principle:

1. Causing injury to another in any way is absolutely prohibited. This includes the injurious act of slander. We must be vigilant against the ploy of Satan to make the act of slander seem fair to us. We must not fool ourselves that what we are doing is not slander, but rather sincere advice to the Muslims. We may fancy that we are merely doing our duty by warning them against somebody's evil ways.

Of course, it is not categorically prohibited to warn against the harmful conduct of others. However, this is an extremely sensitive issue. Warning against innovators and the practitioners of falsehood is an undertaking governed by the strictest rules. These rules have been carefully studied and discussed by the scholars and we shall not elaborate upon them in this article. What is important for us to understand is that a Muslim's honor is not public pastureland for all and sundry to graze upon.

An Islamic worker must exercise extreme caution against this tendency for which it is all too easy to find justification. A person might convince everyone else in the world and succeed in pulling the wool over their eyes, but has he taken into consideration the One who knows what the heart conceals?

Defamation, slander, and the spread of false rumors are among the ways that harm is brought to bear upon a Muslim. This includes when a person participates in an attempt to destroy or belittle another's efforts for Islamic work on account of differences of opinion in how such work is to be carried out.

Once a man criticized the eminent jurist Mâlik for remaining seated while others had gone forth to fight in the defense of Islam. Mâlik replied: “I hope that both of us are upon goodness and righteousness.” In the days of the Companions, there was Hisân b. Thâbit who wrote poetry, Khâlid b. al-Walîd who fought in Islam's defense, Zayd b. Thâbit who complied the Qur'ân, and Bilâl who made the call to prayer. None of them ever accused the others of wasting their time, even though there is no doubt that their various contributions were not of equal value.

2. A Muslim does not take the mistreatment that he receives from another as a pretext for injuring that person, except in accordance with dictates of Allah's words:

“And the recompense for an evil is an evil like it, but whoever pardons and makes reconciliation – his reward is due from Allah. Indeed, He does not like wrongdoers.” [ Sûrah al-Shûrâ : 40]

“And if you punish, then punish with what is commensurate with what you were harmed. But if you endure with patience – it is better for those who are patient.” [ Sûrah al-Nahl : 126]

This is the rule with respect to securing redress for an injury suffered by an individual Muslim. However, with regards to the general defamation of Islamic scholars and others working for good, the situation can demand a different approach. This is in consideration of the extent of the damage being brought about by the defamation, slander and attack on the reputations of a large number of the good people in society. It can, in such a situation, become desirable to respond to such attacks and put and end to them without transgressing the limits in doing so. The perpetrator can be required to publicly recant and even confess that he was lying, since this may be required to safeguard the general welfare.

Showing leniency in such a situation might lead to further and more ambitious and protracted campaigns against the people's honor. However, every care must be taken to ensure that the measures taken are limited to the one perpetrating the slander, are commensurate to the injury and not excessive, and that their consequences do not extend to other members of his family. Moreover, his apologies and repentance should be accepted and he should not be pursued any further.

3. Activities that result in injury to individuals or to society as a whole are prohibited. The ruling for a particular activity within the scope of Islamic work must be determined by weighing the possible benefit and harm that can result from it. The primary focus in making such an assessment should be an activity's long-term consequences and not just its immediate effects.

4. There is a need for us, in our study of Islamic Law, to return the study of weighing options and of prioritizing concerns. There have been many brilliant works written in this field on the theoretical level, but a dearth of those that focus on the practical.

The Fifth Principle: Customary usage is the determining factor

Custom refers to the prevailing practices of society with respect to their choice of words and their mode of action.

The principle that customary usage is the determining factor basically means that the customs of the people are recognized and acknowledged by Islamic Law as long as certain conditions are met. The most important of these conditions is that the custom in question does not violate the dictates of the sacred texts. Another is that the custom is indeed the prevailing practice in society and is applied in that society on a consistent basis. The third condition is that the custom must have been in effect at the time when a given activity was initially entered into without there having been any clear expression on the part of the concerned parties indicating something to the contrary. Finally, the custom must be of a nature that its application can be considered binding on the parties concerned.

Among the evidence for the recognition of custom in Islamic Law is the following hadith related by `A'ishah:

Hind, the mother of Mu`âwiyah, said to the Prophet (peace be upon him): “Abû Sufyân (Hind's husband) is a tight-fisted man. Is there anything wrong if I take money from him secretly?”

The Prophet (peace be upon him) said: “Take for yourself and your children to suffice your needs according to what is customary.” [ Sahîh al-Bukhârî ]

Ibn Hajar al-`Asqalânî, in his commentary on Sahîh al-Bukhârî , observes: “He referred her to customary usage in a matter that was not precisely defined in Islamic Law.” [ Fath al-Bârî (4/407)]

Ibn Mas`ûd, the eminent Companion, said: “What the Muslims determine to be good is good with Allah.” [ Musnad Ahmad ]

Ibn al-Qayyim writes:

On this basis, Islamic rulings are given throughout the ages. Whenever you find a custom in practice, you must take it into consideration, and whenever you find a custom has been abandoned, you must cease to consider it. You must not become unyielding all your life in adhering to what is recorded in the books. If someone comes to you from outside of your own region seeking a legal ruling, do not hold him to the customs of your land. Ask him about the customs of his own land and hold him to those and give your legal ruling accordingly. Do not apply the customs of your country that you find in your books. { I`lâm al-Muwaqqi`în (3/78)]

Application of this principle:

Quite often, the activities and efforts of Islamic workers need to be arranged and presented in a certain way, and permission might have to be sought. Without taking such pains, no work can be carried out successfully. Therefore, do not reject or condemn such customs as long as upholding them does not entail any violation of Islamic Law, especially when observing such customs reaps benefit for the work at hand.

Keep in mind that the jurists have declared that customary practice among merchants has the same legal strength as the conditions they put forth in their contracts. [ al-Mudkhal al-Fiqhî al-`Amm (2/1001)] The same thing can be said for Islamic work