"The Communal Tendency" by Qurat Basit
The Islamic Legislation prioritizes the happiness and welfare of the society as a whole rather than just focusing on individuals. The communal tendency is not just limited to monetary values but has a broader sense.
There is no shortage of examples that illustrate the importance of communal tendency including the compulsory acts i.e. Prayers, Fasting, Zakat, Pilgrimage and forbidding of Usury. The Islamic legislation ensures every individual gets their set of rights. For example, a Husband has the right to keep his wife under his patronage, but his wife also has the right to be treated with equality and respect. If her rights are not provided to her and she isn't treated equally, she can also ask for a divorce.
The Holy Quran Says in this context "Either take them back on equitable terms or set them free on equitable terms! But do not take them back to injure them or to take undue advantage".
People are asked to obey their rulers, but rulers should also have the good of their people in mind. Prophet Muhammad PBUH asked us to obey the rulers unless they order us to sin in which case they should not be obeyed.
It is related that when Iraq and Syria were conquered by Al-Imam Ibn Youssef during the time of Omer Ibn El Khattab, his followers wanted to distribute the conquered land amongst the invading Muslims but he refused the idea. He left the land in its owner's hands and levied taxes.
The Islamic Legislation preserves the rights of individuals provided their rights don't infringe other's rights in which a general principle of "lighter harm" is applied.
One of the examples of the spiritual law is that it allows a person to dig in someone else's land to obtain water in order to irrigate his own land. The communal aspect was not observed in early man-made laws and they primarily focused on individuals like the French Civil Law of 1804. The law was an offspring of the French Revolution and tried to prove that individual rights must be provided so everyone is benefited.
Consequently, this meant unlimited liberties which later on demanded change and need were felt to look upon the individual as a part of a vast community of other individuals thus limiting the liberties.
The Islamic Legislation undisputedly remained far-sighted and shrewder than the modern laws. One of the examples is Usuary. It does benefit the lender but is harmful to the borrower, therefore, is prohibited.
We can say the difference between the modern laws and the Islamic Legislation is the difference of between rights of two individuals. Islamic Legislation says that the man belongs to Almighty Allah and his rights are granted to him for a good reason. The overall peace and happiness of a society can only be guaranteed if a man does not deviate from the boundaries and restrictions imposed upon him for the greater good.
Islamic Legislation has the quality of adopting itself to the need for change in different times and that's why it progressed over time and didn't resort to the Western legislation. There are many methods by which Islamic Legislation is developed. This include unanimity, acceptance, relativity, exchanging and accepting benefits and observance of the recognized rules of ethics.
We also know that the habitual rules of conduct have their own strong influence on us for example rites of marriage and death which we sometimes only follow to remain socially acceptable. That's also why speculation was approved by the Prophet Muhammad PBUH. Another example is the late opinion which allows payment for teaching the Quran and calling for prayers or allowing selling vegetables and fruits whilst still on trees.
All these examples show that the legislation is open to progress provided proper attention is paid to details and circumstances. In modern times like now, it's very important to pay proper attention to legislative progression keeping in view the core principles and soul of the Islamic legislation.
THE PURPOSE OF LEGISLATION
Legislation like every other system has its purpose behind it and here it serves as guardian to individual rights in relation to other individuals. The legislator even has to sometimes deviate from the normal way of ethics. For example, the law approves if a piece of land remains in possession of someone not owning it for 15 years, the actual owner loses the right for that land.
When needed, Legislation prefers to stop evil instead of having any gains. This is enough to prove that a person is legally forbidden to do something which was actually permitted for him if someone else will be harmed by that action.
The legislation also requires us to put capable and good fits into State Administrative positions instead of just relying on formal qualifications and degrees. If any Muslim wants to hand over the leadership to an unfit overlooking a better one, it is like he is betraying God and His Prophet.
God Almighty created everyone under different financial and social circumstances. Sometimes the differences are great. That's the reason rich have been imposed by certain obligation so that the wealth keeps flowing from rich to poor. That's why apart from voluntary charities, wealthy people must pay a fixed percentage of their wealth to the poor.
We know through history that pioneers of Islam like Omer Ibn El Khattab used to give gifts to mothers and children which increased as did the children.
THE GENERAL BASIS OF LEGISLATION
Through time, God sent His Prophets to guide people towards his path and keep them away from evil but every Prophet was limited to a certain time or people. Because of the limitation of time and people, their teachings got absorbed over time until humanity received an immortal message through Prophet Muhammad PHUH. His message is addressed to all of humanity and contains legislation which remained relevant through ages.
The basis of Islamic Legislation is that, it's an easy legislation which only imposes things within human capacity and power and It makes sure justice is provided fully. In this context the Quran says "God does not wish to place you in difficulty" -- "and has imposed no difficulties in your religion" - "It is no fault in the blind nor in one born lame, nor in one afflicted with illness" - "God intends every facility for you" - "God does wish to lighten your (difficulties): for man was created weak (in flesh)."
For example, the compulsory prayers are quite easy to perform under normal circumstances, but God knows it becomes a bit difficult when someone is traveling. Considering this God allowed us to perform the prayers while traveling in a manner that befits us better. Similarly, someone not feeling well enough can break his fast or avoid it while traveling. One is even allowed to drink or eat forbidden things like pork if it's a matter of saving life or under abnormal circumstances.
If we analyze the rate at which the Zakat is made compulsory of the capable Muslims (1/10), we can clearly see it's much less than the taxes imposed by the modern governments. And that too is only obligatory if someone has surplus wealth over a specified limit.
The Islamic legislation also ensures to ease the relations between people and avoid complications. To prove this the Quran Says "O ye who believe! Eat not up your property among yourselves in vanities: but let there be amongst you traffic and trade by mutual good-will". The rule for punishment follows the same principle i.e. suspicion is not enough for the punishment of sins like adultery, theft, alcoholism etc. The Prophet PBUH said "Try to keep your fellow Muslim away from sin. If you can help him out of it do so, and do not punish him, because it is better to err in forgiveness than to err in punishment.
God Almighty intended to facilitate things for us compared to previous nations like Jews whom he threatened for their aggressiveness and despotism as follows:
" For the iniquity of the Jews we made unlawful for them certain (foods), good and wholesome, which had been lawful for them' - In that they hindered many from God's Way" - " For those who followed the Jewish Law, we forbade every (animal) with undivided hoof, and We forbade them the fat of the ox and the sheep except what adheres to their backs or their entrails, or is mixed up with a bone; this in recompense for their wilful disobedience; for We are True (in Our ordinances)."
ATTENTION TO THE COMMUNAL INTEREST
The Islamic legislation prioritizes the interest of the community as a whole without differentiating for Race or Nationality. Islam is a mercy to the whole of humanity and the last Prophet is a blessing for all the world. One of the major differences between man-made laws and Islamic Legislation is that the man-made laws are limited to a specific geographic region or specific people whereas Islamic Legislation can be applied to any nation.
There are two primary principles which make a law valid,
a. Territoriality, meaning the law is to be implemented on people living in a specific geographical territory.
b. The personality of the law, meaning it is to be enforced on citizens of a country even if they are outside the boundaries of that country. It may not be enforced on foreigners living inside the country.
The Islamic Legislation is not bound by these limitations and applies to any one living anywhere with its universal set of rules and principles. Islamic legislation is same for all the Muslims around the world but for non-Muslims we observe that legislators differ. We think non-Muslims should adhere to Islamic Legislation as it is for common Good except the matters of prayers.
We may come across certain cases when benefits and loses collide. But we are to follow the general principle of lesser harm. Take for example confiscation of individual property for widening a road or any other required improvement which will improve lives of others in general.
THE REALIZATION OF JUSTICE TO ALL
The Quran and Sunnah are filled with examples that oblige humanity to be just with one another. God says in the Holy Quran "God commands justice, the doing of good, and liberality to kith and kin, and He forbids all shameful deeds, and in-justice and rebellion."
"God does command you to render back your trusts o those whom they are due; and when you judge between man and man, that ye judge with justice."
"O ye who believe! Stand out firmly for God as witnesses to fair dealing, and let not the hatred of others to you make you swear to wrong and depart from injustice. Be just: that is next to piety and fear God."
All the above and numerous other verses are enough for us to understand that Quran and Islamic Legislation raise justice among humanity even if we have to be witnesses against our loved ones.
This brings us to the point that:
a. An ideal Legislation is the one which has justice as its basis and treats people alike. Both the attributes are clearly visible in the Islamic Legislation.
b. The law limits itself to realizing justice, not equality. Justice calls for punishment according to the general circumstances without looking at minor details that may vary in similar cases. On the other hand, equality exists in studying the varying cases completely.
