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Post by Muhammad Ibn Abdullah Al-Hasan on Sept 19, 2020 10:50:28 GMT 10
FIQH-UL-ARABIC Table of Contents 1.Introduction 2.History Of The Arabs 3.History of The Caliphate 4.Law of Criminal 5.Law of Finance 6.Law of Marriage 7.Law of Diplomatic Ties 8.Law of Relations 9.Judicial and Administrative and Military (Powers in State) 10.Warfare 11.Conclusion
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Post by Muhammad Ibn Abdullah Al-Hasan on Sept 19, 2020 12:13:26 GMT 10
Introduction
The Qur'an is the principal source of Islamic law, the Sharia. It contains the rules by which the Muslim world is governed (or should govern itself) and forms the basis for relations between man and God, between individuals, whether Muslim or non-Muslim, as well as between man and things which are part of creation. The Sharia contains the rules by which a Muslim society is organized and governed, and it provides the means to resolve conflicts among individuals and between the individual and the state.
There is no dispute among Muslims that the Qur'an is the basis of the Sharia and that its specific provisions are to be scrupulously observed. The Hadith and Sunna are complementary sources to the Qur'an and consist of the sayings of the Prophet and accounts of his deeds. The Sunna helps to explain the Qur'an, but it may not be interpreted or applied in any way which is inconsistent with the Qur'an.
Though there are other sources of law—i.e., ijma', (consensus), qiyas, (analogy), ijtihad, (progressive reasoning by analogy)—the Qur'an is the first and foremost source, followed by the Hadith and Sunna. Other sources of law and rules of interpretation of the Qur'an and the Hadith and Sunna follow in accordance with a generally accepted jurisprudential scheme.
The Qur'an contains a variety of law-making provisions and legal proscriptions interspersed throughout its chapters (suwar) and verses (ayat). A number of rules exist for interpreting these provisions, such as the position of a given ayah within the context of the surah, which in turn is interpreted in accordance with its place in the sequence of revelations, its reference to other revelations, and its historical context in relation to particular conditions which existed at the time of the given revelation. These and other rules are known as the science of interpretation (ilm usul aI-fiqh). According to these rules, for example, one initially is to refer to a specific provision and then to a general provision dealing with a particular situation. No general provision can be interpreted to contradict a specific provision, and a specific rule will supersede a general proposition. A general provision, however, is always interpreted in the broadest manner, while a specific provision is interpreted in the narrowest manner. Reasoning by analogy is permitted, as are applications by analogy, except where expressly prohibited. Simplicity and clear language are always preferred. Similarly, the clear spirit of certain prescriptions cannot be altered by inconsistent interpretations. A policy-oriented interpretation within the confines of the rules of jurisprudence is permissible and even recommended, as is the case with the doctrine of ijtihad (progressive reasoning by analogy).
"Avoid condemning the Muslim to Hudud whenever you can, and when you can find a way out for the Muslim then release him for it. If the Imam errs it is better that he errs in favor of innocence (pardon) than in favor of guilt (punishment)."
The Prophet's Hadith
"Were people to be given in accordance with their claim, men would claim the fortunes and lives of (other) people, but the onus of proof is on the claimant and the taking of an oath is incumbent upon him who denies."
The Prophet's Hadith
Muslim scholars do not consider Islam to be an evolving religion, but rather a religion and legal system which applies to all times. It is, therefore, the application that is susceptible to evolution. Indeed, the provisions of the Qur'an are such that by their disciplined interpretation, with the aid of the Hadith and Sunna and other sources of interpretation, Islam can, as intended, provide the solution to contemporary social problems.
Fourteen centuries ago Islam was a spiritual, social, and legal revolution. Its potential for effecting progress remains unchanged. This is essentially the belief of enlightened fundamentalist Muslims. Islamic fundamentalism is not, therefore, a regressive view of history and contemporary reality. Islam at the height of its civilization, between the seventh and eleventh centuries, was neither repressive nor regressive. It was a progressive, humanistic, and legalistic force for reform and justice.
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Post by Muhammad Ibn Abdullah Al-Hasan on Sept 19, 2020 12:15:33 GMT 10
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Post by Muhammad Ibn Abdullah Al-Hasan on Sept 19, 2020 12:21:20 GMT 10
History of the Arabs
Pre-Islamic Arabia refers to the Arabian Peninsula prior to the rise of Islam in the 630s.Some of the settled communities in the Arabian Peninsula developed into distinctive civilizations. Sources for these civilizations are not extensive, and are limited to archaeological evidence, accounts written outside of Arabia, and Arab oral traditions later recorded by Islamic scholars. Among the most prominent civilizations were Thamud, which arose around 3000 BCE and lasted to about 300 CE, and Dilmun, which arose around the end of the fourth millennium and lasted to about 600 CE. Additionally, from the beginning of the first millennium BCE, Southern Arabia was the home to a number of kingdoms, such as the Sabaean kingdom, and the coastal areas of Eastern Arabia were controlled by the Iranian Parthians and Sassanians from 300 BCE. Pre-Islamic religion in Arabia consisted of indigenous polytheistic beliefs, Ancient Arabian Christianity, Nestorian Christianity, Judaism, and Zoroastrianism. Christianity existed in the Arabian Peninsula, and was established first by the early Arab traders who heard the gospel from Peter the apostle at Jerusalem (Acts 2:11), as well as those evangelized by Paul’s ministry in Arabia (Galatians 1:17) and by St Thomas. While ancient Arabian Christianity was strong in areas of Southern Arabia, especially with Najran being an important center of Christianity, Nestorian Christianity was the dominant religion in Eastern Arabia prior to the advent of Islam.
One of the major cultures that dominated the Arabian Peninsula just before the rise of Islam was that of the nomadic Bedouin people. The polytheistic Bedouin clans placed heavy emphasis on kin-related groups, with each clan clustered under tribes. The immediate family shared one tent and can also be called a clan. Many of these tents and their associated familial relations comprised a tribe. Although clans were made up of family members, a tribe might take in a non-related member and give them familial status. Society was patriarchal, with inheritance through the male lines. Tribes provided a means of protection for its members; death to one clan member meant brutal retaliation.
Non-members of the tribe were viewed as outsiders or enemies. Tribes shared common ethical understandings and provided an individual with an identity. Warfare between tribes was common among the Bedouin, and warfare was given a high honor. The difficult living conditions in the Arabian Peninsula created a heavy emphasis on family cooperation, further strengthening the clan system.
Although the majority of pre-Islamic Arabia was nomadic, there were several important cities that came into being as centers of trade and religion, such as Mecca, Medina (Yathrib), Karbala, and Damascus. The most important of these cities was Mecca, which was an important center of trade in the area, as well as the location of the Kaaba (or Ka’ba), one of the most revered shrines in polytheistic Arabia. After the rise of Islam, the Kaaba became the most sacred place in Islam.
Islamic tradition attributes the beginning of Mecca to Ishmael ‘s descendants. Many Muslims point to the Old Testament chapter Psalm 84:3–6 and a mention of a pilgrimage at the Valley of Baca, which is interpreted as a reference to Mecca as Bakkah in Qur’an Surah 3:96. The Greek historian Diodorus Siculus, who lived between 60 BCE and 30 BCE, wrote about the isolated region of Arabia in his work Bibliotheca historica, describing a holy shrine that Muslims see as Kaaba at Mecca: “And a temple has been set up there, which is very holy and exceedingly revered by all Arabians.” Some time in the 5th century, the Kaaba was a place to worship the deities of Arabia’s pagan tribes. Mecca’s most important pagan deity was Hubal, whose idol had been placed there by the ruling Quraysh tribe and remained until the 7th century.
The first mention of Jews in the areas of modern-day Saudi Arabia dates back, by some accounts, to the time of the First Temple. Immigration to the Arabian Peninsula began in earnest in the 2nd century CE, and by the 6th and 7th centuries there was a considerable Jewish population in Hejaz, mostly in and around Medina. This was partly because of the embrace of Judaism by leaders such as Abu Karib Asad and Dhu Nuwas, who was very aggressive about converting his subjects to Judaism, and who persecuted Christians in his kingdom as a reaction to Christian persecution of Jews there by the local Christians. Before the rise of Islam, there were three main Jewish tribes in the city of Medina: the Banu Nadir, the Banu Qainuqa, and the Banu Qurayza. Arab tribes, most notably the Ghassanids and Lakhmids, began to appear in the south Syrian deserts and southern Jordan from the mid 3rd century CE, during the mid to later stages of the Roman Empire and Sassanid Empire. The Nabatean civilization in Jordan was an Aramaic-speaking ethnic mix of Canaanites, Arameans, and Arabs. According to tradition, the Saudi Bedouin are descendants of two groups. One group, the Yemenis, settled in southwestern Arabia, in the mountains of Yemen, and claimed they descended from a semi-legendary ancestral figure, Qahtan (or Joktan). The second group, the Qaysis, settled in north-central Arabia and claimed they were descendants of the Biblical Ishmael.
Although the majority of pre-Islamic Arabia was nomadic, there were several important cities that came into being as centers of trade and religion, such as Mecca, Medina (Yathrib), Karbala, and Damascus. The most important of these cities was Mecca, which was an important center of trade in the area, as well as the location of the Kaaba (or Ka’ba), one of the most revered shrines in polytheistic Arabia. After the rise of Islam, the Kaaba became the most sacred place in Islam.
Islamic tradition attributes the beginning of Mecca to Ishmael ‘s descendants. Many Muslims point to the Old Testament chapter Psalm 84:3–6 and a mention of a pilgrimage at the Valley of Baca, which is interpreted as a reference to Mecca as Bakkah in Qur’an Surah 3:96. The Greek historian Diodorus Siculus, who lived between 60 BCE and 30 BCE, wrote about the isolated region of Arabia in his work Bibliotheca historica, describing a holy shrine that Muslims see as Kaaba at Mecca: “And a temple has been set up there, which is very holy and exceedingly revered by all Arabians.” Some time in the 5th century, the Kaaba was a place to worship the deities of Arabia’s pagan tribes. Mecca’s most important pagan deity was Hubal, whose idol had been placed there by the ruling Quraysh tribe and remained until the 7th century.
n the 5th century, the Quraysh tribes took control of Mecca and became skilled merchants and traders. In the 6th century, they joined the lucrative spice trade, since battles in other parts of the world were causing traders to divert from the dangerous sea routes to the more secure overland routes. The Byzantine Empire had previously controlled the Red Sea, but piracy had been increasing. Another previous route, which ran through the Persian Gulf via the Tigris and Euphrates rivers, was also threatened by exploitations from the Sassanid Empire, and disrupted by the Lakhmids, the Ghassanids, and the Roman–Persian Wars.
Mecca’s prominence as a trading center eventually surpassed the cities of Petra and Palmyra. Historical accounts also provide some indication that goods from other continents may also have flowed through Mecca. Camel caravans, said to have first been used by Muhammad ‘s great-grandfather, were a major part of Mecca’s bustling economy. Alliances were struck between the merchants in Mecca and the local nomadic tribes, who would bring goods—leather, livestock, and metals mined in the local mountains—to Mecca to be loaded on the caravans and carried to cities in Syria and Iraq. Historical accounts provide some indication that goods from other continents may also have flowed through Mecca. Goods from Africa and the Far East passed through en route to Syria. The Meccans signed treaties with both the Byzantines and the Bedouins to negotiate safe passages for caravans and give them water and pasture rights. Mecca became the center of a loose confederation of client tribes, which included those of the Banu Tamim. Other regional powers such as the Abyssinian, Ghassan, and Lakhm were in decline, leaving Meccan trade to be the primary binding force in Arabia in the late 6th century.
The harsh conditions and terrain of the Arabian peninsula meant a near-constant state of conflict between the local tribes, but once a year they would declare a truce and converge upon Mecca in a pilgrimage. Up to the 7th century, this journey was undertaken by the pagan Arabs to pay homage to their shrine and drink from the Zamzam Well. However, it was also the time each year when disputes would be arbitrated, debts would be resolved, and trading would occur at Meccan fairs. These annual events gave the tribes a sense of common identity and made Mecca an important focus for the peninsula.
Although the city of Medina did not have any great distinction until the introduction of Islam, it has always held an important place in trade and agriculture because of its location in a fertile region of the Hejaz. The city was able to maintain decent amounts of food and water, and therefore was an important pit stop for trade caravans traveling along the Red Sea. This was especially important given the merchant culture of Arabia. Along with the port of Jidda, Medina and Mecca thrived through years of pilgrimage.
During the pre-Islamic period up until 622 CE, Medina was known as Yathrib, an oasis city. Yathrib was dominated by Jewish tribes until around 400 CE, when several Arab tribes gained political power. Medina is celebrated for containing the mosque of Muhammad. Medina is 210 miles (340 km) north of Mecca and about 120 miles (190 km) from the Red Sea coast. It is situated in the most fertile part of the Hejaz territory, where the streams of the vicinity converge. An immense plain extends to the south; in every direction the view is bounded by hills and mountains.
In 622 CE, Muhammad and around 70 Meccan Muhajirun believers left Mecca for sanctuary in Yathrib, an event that transformed the religious and political landscape of the city completely. The longstanding enmity between the Aus and Khazraj tribes was dampened as many tribe members, and some local Jews, embraced Islam. Muhammad, linked to the Khazraj through his great-grandmother, was agreed on as civic leader.
The Muslim converts native to Yathrib—whether pagan Arab or Jewish—were called Ansar (“the Patrons” or “the Helpers”). According to Ibn Ishaq, the local pagan Arab tribes, the Muslim Muhajirun from Mecca, the local Muslims (Ansar), and the Jews of the area signed an agreement, the Constitution of Medina, which committed all parties to mutual cooperation under the leadership of Muhammad. The nature of this document as recorded by Ibn Ishaq and transmitted by Ibn Hisham is the subject of dispute among modern Western historians. Many maintain that this “treaty” is possibly a collage of different agreements, oral rather than written, of different dates, and that it is not clear when they were made. Other scholars, however, both Western and Muslim, argue that the text of the agreement—whether it was originally a single document or several—is possibly one of the oldest Islamic texts we possess.
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Post by Muhammad Ibn Abdullah Al-Hasan on Sept 19, 2020 12:38:51 GMT 10
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Post by Muhammad Ibn Abdullah Al-Hasan on Sept 19, 2020 12:42:00 GMT 10
History of the Caliphate
The term “caliph” (khalifah in Arabic) is generally regarded to mean “successor of the prophet Muhammad,” while “caliphate” (khilafah in Arabic) denotes the office of the political leader of the Muslim community (ummah) or state, particularly during the period from 632 to 1258. Although the caliph was not considered to possess spiritual authority as Muhammad had, the caliph presided over a state governed under Islamic law (Sharia) whose territories constituted the “abode of Islam” (dar al-Islam). Thus, the caliph served as the symbol of the supremacy of the Sharia, as commander of the faithful (amir al-muʾminin) in his capacity to both defend and expand these lands and as leader of prayers (Imam), thereby clothing the caliphate with religious meaning.
Sunni Islam holds that Muhammad left no instructions regarding his successor, who was to be elected, with the decision of the community regarded as infallible. Accordingly, following Muhammad’s death, Abu Bakir was elected based on his close association with the Prophet, his piety, and his leadership ability. The Shiʿa Islamic tradition, on the other hand, asserts that the community made a grievous error in electing Abu Bakr rather than Muhammad’s cousin and son-in-law, ʿAli ibn Abi Talib, whom they believe was chosen by the Prophet. These partisans of ʿAli consider Abu Bakr’s succession to be illegitimate, claiming that infallibility was limited to the Prophet’s family through ʿAli, ʿAli’s sons through his marriage with the Prophet’s daughter, Fatima, and their descendants.
Thus, Shiʿite Islam rejected the Sunni notion of rightly guided (Rashidun) caliphs, a term used for the first four caliphs, acknowledging instead the rightful succession of ʿAli and his descendants. The Rashidun Caliphate (632–661) was followed by the Umayyad Caliphate (661–750) established by Muʿawiya in Damascus, Syria. The dynastic succession established by Muʿawiya lasted until a rival clan of the Qurash tribe, the Abbasids, successfully revolted. The Abbasid Caliphate (750–1258) established a dynasty with its capital in Baghdad, though its control over the state was severely reduced during its last three centuries by rival secular rulers, including the Buyids and Seljuks along with the Fatamid Caliphate (909–1171) in Egypt and the Umayyad Caliphate (929–1031) of Spain. The Ottoman conquest of the Mamluk state led to the establishment of the Ottoman Caliphate (1517–1924).
Muhammad united the tribes of Arabia into a single Arab Muslim religious polity in the last years of his life. He established a new unified Arabian Peninsula, which led to the Rashidun and Umayyad Caliphates and the rapid expansion of Muslim power over the next century.
With Muhammad’s death in 632 CE, disagreement broke out among his followers over deciding his successor. Muhammad’s prominent companion Umar ibn al-Khattab nominated Abu Bakr, Muhammad’s friend and collaborator. With additional support, Abu Bakr was confirmed as the first caliph (religious successor to Muhammad) that same year. This choice was disputed by some of Muhammad’s companions, who held that Ali ibn Abi Talib, his cousin and son-in-law, had been designated the successor by Muhammad at Ghadir Khumm. Ali was Muhammad’s first cousin and closest living male relative, as well as his son-in-law, having married Muhammad’s daughter Fatimah. Ali would eventually become the fourth Sunni caliph. These disagreements over Muhammad’s true successor led to a major split in Islam between what became the Sunni and Shi’a denominations, a division that still holds to this day.
Sunni Muslims believe and confirm that Abu Bakr was chosen by the community and that this was the proper procedure. Sunnis further argue that a caliph should ideally be chosen by election or community consensus. Shi’a Muslims believe that just as God alone appoints a prophet, only God has the prerogative to appoint the successor to his prophet. They believe God chose Ali to be Muhammad’s successor and the first caliph of Islam. After Muhammad’s death, many Arabian tribes rejected Islam or withheld the alms tax established by Muhammad. Many tribes claimed that they had submitted to Muhammad and that with Muhammad’s death, their allegiance had ended. Caliph Abu Bakr insisted that they had not just submitted to a leader, but joined the Islamic community of Ummah.
To retain the cohesion of the Islamic state, Abu Bakr divided his Muslim army to force the Arabian tribes into submission. After a series of successful campaigns, Abu Bakr’s general Khalid ibn Walid defeated a competing prophet and the Arabian peninsula was united under the caliphate in Medina. Once the rebellions had been quelled, Abu Bakr began a war of conquest. In just a few short decades, his campaigns led to one of the largest empires in history. Muslim armies conquered most of Arabia by 633, followed by north Africa, Mesopotamia, and Persia, significantly shaping the history of the world through the spread of Islam.
Abu Bakr nominated Umar as his successor on his deathbed. Umar ibn Khattab, the second caliph, was killed by a Persian named Piruz Nahavandi. Umar’s successor, Uthman Ibn Affan, was elected by a council of electors (Majlis). Uthman was killed by members of a disaffected group. Ali then took control, but was not universally accepted as caliph by the governors of Egypt, and later by some of his own guard. He faced two major rebellions and was assassinated by Abdl-alRahman, a Kharijite. Ali’s tumultuous rule lasted only five years. This period is known as the Fitna, or the first Islamic civil war.
The followers of Ali later became the Shi’a minority sect of Islam, which rejects the legitimacy of the first three caliphs. The followers of all four Rashidun caliphs (Abu Bakr, Umar, Uthman, and Ali) became the majority Sunni sect. Under the Rashidun, each region (Sultanate) of the caliphate had its own governor (Sultan). Muawiyah, a relative of Uthman and governor (Wali) of Syria, became one of Ali’s challengers, and after Ali’s assassination managed to overcome the other claimants to the caliphate. Muawiyah transformed the caliphate into a hereditary office, thus founding the Umayyad dynasty. In areas that were previously under Sassanid Persian or Byzantine rule, the caliphs lowered taxes, provided greater local autonomy (to their delegated governors), granted greater religious freedom for Jews and some indigenous Christians, and brought peace to peoples demoralized and disaffected by the casualties and heavy taxation that resulted from the decades of Byzantine-Persian warfare.
The Umayyad Caliphate was the second of the four major Arab caliphates established after the death of Muhammad. This caliphate was centered on the Umayyad dynasty, hailing from Mecca. The Umayyad family had first come to power under the third caliph, Uthman ibn Affan (r. 644–656), but the Umayyad regime was founded by Muawiya ibn Abi Sufyan, long-time governor of Syria, after the end of the First Muslim Civil War in 661 CE. Syria remained the Umayyads’ main power base thereafter, and Damascus was their capital.
Under the Umayyads, the caliphate territory grew rapidly. The Islamic Caliphate became one of the largest unitary states in history, and one of the few states to ever extend direct rule over three continents (Africa, Europe, and Asia). The Umayyads incorporated the Caucasus, Transoxiana, Sindh, the Maghreb, and the Iberian Peninsula ( Al-Andalus ) into the Muslim world. At its greatest extent, the Umayyad Caliphate covered 5.79 million square miles and included 62 million people (29% of the world’s population), making it the fifth largest empire in history in both area and proportion of the world’s population. Although the Umayyad Caliphate did not rule all of the Sahara, nomadic Berber tribes paid homage to the caliph. However, although these vast areas may have recognized the supremacy of the caliph, de facto power was in the hands of local sultans and emirs.
The Umayyad dynasty was not universally supported within the Muslim community for a variety of reasons, including their hereditary election and suggestions of impious behavior. Some Muslims felt that only members of Muhammad’s Banu Hashim clan or those of his own lineage, such as the descendants of Ali, should rule. Some Muslims thought that Umayyad taxation and administrative practices were unjust. While the non-Muslim population had autonomy, their judicial matters were dealt with in accordance with their own laws and by their own religious heads or their appointees. Non-Muslims paid a poll tax for policing to the central state. Muhammad had stated explicitly during his lifetime that each religious minority should be allowed to practice its own religion and govern itself, and the policy had on the whole continued.
There were numerous rebellions against the Umayyads, as well as splits within the Umayyad ranks, which notably included the rivalry between Yaman and Qays. Allegedly, The Sunnis killed Ali’s son Hussein and his family at the Battle of Karbala in 680, solidifying the Shi’a-Sunni split. Eventually, supporters of the Banu Hashim and the supporters of the lineage of Ali united to bring down the Umayyads in 750. However, the Shiʻat ʻAlī, “the Party of Ali,” were again disappointed when the Abbasid dynasty took power, as the Abbasids were descended from Muhammad’s uncle `Abbas ibn `Abd al-Muttalib, and not from Ali.
The Abbasid victors desecrated the tombs of the Umayyads in Syria, sparing only that of Umar II, and most of the remaining members of the Umayyad family were tracked down and killed. When Abbasids declared amnesty for members of the Umayyad family, eighty gathered to receive pardons, and all were massacred. One grandson of Hisham, Abd al-Rahman I, survived and established a kingdom in Al-Andalus (Moorish Iberia), proclaiming his family to be the Umayyad Caliphate revived. The revival of the Umayyad Caliphate in Al-Andalus (what would become modern Spain) was called the Caliphate of Córdoba, which lasted until 1031. The period was characterized by an expansion of trade and culture, and saw the construction of masterpieces of al-Andalus architecture.
The caliphate enjoyed increased prosperity during the 10th century. Abd-ar-Rahman III united al-Andalus and brought the Christian kingdoms of the north under control through force and diplomacy. Abd-ar-Rahman stopped the Fatimid advance into caliphate land in Morocco and al-Andalus. This period of prosperity was marked by increasing diplomatic relations with Berber tribes in north Africa, Christian kings from the north, and France, Germany, and Constantinople.
Córdoba was the cultural and intellectual center of al-Andalus. Mosques, such as the Great Mosque, were the focus of many caliphs’ attention. The caliph’s palace, Medina Azahara, was on the outskirts of the city, and had many rooms filled with riches from the East. The library of Al-Ḥakam II was one of the largest libraries in the world, housing at least 400,000 volumes, and Córdoba possessed translations of ancient Greek texts into Arabic, Latin and Hebrew. During the Umayyad Caliphate period, relations between Jews and Arabs were cordial; Jewish stonemasons helped build the columns of the Great Mosque. Al-Andalus was subject to eastern cultural influences as well. The musician Ziryab is credited with bringing hair and clothing styles, toothpaste, and deodorant from Baghdad to the Iberian peninsula. Advances in science, history, geography, philosophy, and language occurred during the Umayyad Caliphate as well.
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Post by Muhammad Ibn Abdullah Al-Hasan on Sept 19, 2020 12:52:37 GMT 10
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Post by Muhammad Ibn Abdullah Al-Hasan on Sept 19, 2020 12:57:53 GMT 10
The Umayyad dynasty was overthrown by another family of Meccan origin, the Abbasids, in 750 CE. The Abbasids distinguished themselves from the Umayyads by attacking their moral character and administration. In particular, they appealed to non-Arab Muslims, known as mawali, who remained outside the kinship-based society of the Arabs and were perceived as a lower class within the Umayyad empire. The Abbasid dynasty descended from Muhammad ‘s youngest uncle, Abbas ibn Abd al-Muttalib (566–653 CE), from whom the dynasty takes its name. Muhammad ibn ‘Ali, a great-grandson of Abbas, began to campaign for the return of power to the family of Muhammad, the Hashimites, in Persia during the reign of Umar II, an Umayyad caliph who ruled from 717–720 CE.
The Abbasids moved the empire’s capital from Damascus, in modern-day Syria, to Baghdad, in modern-day Iraq, in 762 CE. The Abbasids had depended heavily on the support of Persians in their overthrow of the Umayyads, and the geographic power shift appeased the Persian mawali support base. Abu al-‘Abbas’s successor, Al-Mansur, welcomed non-Arab Muslims to his court. While this helped integrate Arab and Persian cultures, it alienated the Arabs who had supported the Abbasids in their battles against the Umayyads. The Abbasids established the new position of vizier to delegate central authority, and delegated even greater authority to local emirs. As the viziers exerted greater influence, many Abbasid caliphs were relegated to a more ceremonial role as Persian bureaucracy slowly replaced the old Arab aristocracy.
The Abbasids, who ruled from Baghdad, had an unbroken line of caliphs for over three centuries, consolidating Islamic rule and cultivating great intellectual and cultural developments in the Middle East in the Golden Age of Islam. By 940 CE, however, the power of the caliphate under the Abbasids began waning as non-Arabs gained influence and the various subordinate sultans and emirs became increasingly independent.
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Post by Muhammad Ibn Abdullah Al-Hasan on Sept 19, 2020 13:36:36 GMT 10
Law of Criminal
Sin is an important concept in Islamic ethics. Muslims see sin as anything that goes against the commands of God (Allah), a breach of the laws and norms laid down by religion.[1] Islam teaches that sin is an act and not a state of being. It is believed that God weighs an individual's good deeds and against their sins on the Day of Judgement and punishes those individuals whose evil deeds outweigh their good deeds. These individuals are thought to be sentenced to afterlife in the fires of جهنم jahannam (Hell).
The Quran describes these sins throughout the text and demonstrates that some sins are more punishable than others in the hereafter. A clear distinction is made between major and minor sins (53:31–32), indicating that if an individual stays away from the major sins, then they will be forgiven of the minor sins.
Sources differ on the exact meanings of the different terms for sin used in the Islamic tradition.
Several different words are used in the Quran to describe sin—1) Dhanb 2) Ithm 3) Khati’ah 4) Jurm 5) Junah/Haraj. By examining the choice of words in Quranic verses used in connection with these terms, scholars have attempted to determine which sins are associated with which terms.[4]
Dhanb
Dhanb (plural dhunub) is frequently applied to heinous sins committed against God. One of the main examples of Dhanb in the Quran is of “crying lies of God’s signs”, or having excessive pride that prevents an individual from believing the signs of God.[4]
For in God's sight are (all) his servants, (namely), those who say: 'Our Lord, we have indeed believed: forgive us, then, our sins ("dhunub"), and save us from the agony of the Fire.'
— Quran 3: 15–16[5]
This use of dhanb in the Quran exemplifies that this type of sin is punishable in the afterlife. In fact, dhanb is considered a ‘great’ sin and is often used in the Quran to contrast with sayyi’a, which denotes a ‘smaller’ sin.[4] The Quran states that if you avoid these great sins, your lesser evil deeds or sayyi’at will be forgiven.
If you avoid great sins (kaba’ir or dhanb) which are forbidden you, We will remit from you your evil deeds (sayyi’a).
— Quran 4: 31 [4]
Ithm
Some scholars believe the basic meaning of ithm to be an unlawful deed that is committed intentionally. This contrasts to dhanb in that dhanb can be both intentional and unintentional. However, this definition is somewhat nebulous and the best description of the word is based on the contextual situations.[4] In the Quran, ithm is found quite frequently in legislative descriptions. For example, falsely accusing your own wife in order to gain money is constituted as an ithm (Quran 4: 24/20). However, ithm is also used in connection with haram, or committing an unlawful deed, a taboo, such as consuming food or drink that is forbidden by God:
They will ask thee about wine and maysir. Say, ‘In both of them there is great sin (ithm) and also some uses for men, but their sin is greater than their usefulness.’
— Quran 2: 168/173[4]
Ithm is also associated with what is considered the worst sin of all, shirk.[4] Shirk signifies the accepting of a presence of other divinities at the side of God.[6] The Quran states that:
He who associates with God has surely forged a great sin (ithm).
— Quran 4: 53/50 [4]
This association with shirk is noteworthy for shirk is considered unforgivable if not repented of.
God forgiveth not (the sin of) joining other gods to Him; but He forgiveth whom He pleaseth other sins that this: one who joins other gods with God hath strayed far, far away.
— Quran 4:116[5]
Khati’ah
Khati’ah is considered by many scholars to be a “moral lapse” or a “mistake” [7][not specific enough to verify] This interpretation has led some scholars to believe that Khati’ah is a lesser sin than ithm; however, the word Khati’ah is frequently used in conjunction with ithm in the Quran.[4]
Whoso, having committed a khati’ah or an ithm, throws it upon the innocent, has burdened himself with calumny and an obvious sin (ithm).
— Quran 4:112[4]
This Quranic verse indicates that khati’ah is considered an ithm, a grave sin. In fact, the word khati’ah is associated with some of the most heinous religious sins in the Quran.[4] In one Quranic verse this word is used to describe the sin of slaying one's own children for fear of poverty. (Quran 17:33/31). Scholars believe that dhanb or ithm could be used in place of khati’ah in this instance;[4] however, the word choice indicates that khati’ah is more than just a moral lapse or mistake and is punishable.
Jurm
The word Jurum is often considered to be a synonym of dhanb for it is used to describe some of the same sins: crying lies of God and not believing the signs of God.[4] In the Quran, the word mostly appears in the form of mujrim, one who commits a jurm. These individuals are described in the Quran as having arrogance towards the believers.
Behold, those who commit jurm used to laugh at those who believed, winking one at another when they passed them by, and when they went back to their own fold, they returned jesting, and when they saw them they used to say, ‘Lo, these have indeed gone astray!
— Quran 83: 29–32[4]
Junah/Haraj
Junah and Haraj have a similar meaning to that of ithm, a sin that warrants a punishment. In fact, these words are used almost interchangeably with ithm in the same chapters in the Quran. Like ithm, these words are found frequently in legislative portions of the Quran, particularly relating to regulations regarding marriage and divorce.[4]
It is no sin (junah) for you that you offer proposal of marriage to women or keep it secret.
— Quran 2:235[4]
Definition in Hadith
Sin is discussed extensively in the hadith, (the collection of Muhammad's sayings). It is reported by An-Nawwas bin Sam'an:
"The Prophet (Muhammad) said, "Piety is good manner, and sin is that which creates doubt and you do not like people to know it.""
— Sahih Muslim, 32:6195,Sahih Muslim, 32:6196[8]
Wabisah bin Ma’bad reported:
“I went to Messenger of Allah (SAWS) and he asked me: “Have you come to inquire about piety?” I replied in the affirmative. Then he said: “Ask your heart regarding it. Piety is that which contents the soul and comforts the heart, and sin is that which causes doubts and perturbs the heart, even if people pronounce it lawful and give you verdicts on such matters again and again.”
— Ahmad and Ad-Darmi[9]
In Sunan al-Tirmidhi, a Hadith is narrated:
Allah's apostle said, "Every son of Adam sins, the best of the sinners are those who repent."
— Sunan al-Tirmidhi, Hadith no. 2499
In Sahih Muslim, Abu Ayyub al-Ansari and Abu Huraira narrated:
Allah's apostle said," By Him in Whose Hand is my life, if you were not to commit sin, Allah would sweep you out of existence and He would replace (you by) those people who would commit sin and seek forgiveness from Allah, and He would have pardoned them."
— Sahih Muslim, 37:6621
Repentance of sin
See also: Repentance in Islam
According to Islam, one can be forgiven of sins through genuine tawbah (repentance) which literally means "to return."
Ask your Lord for forgiveness, then turn back to Him.
— Qur'an, sura 11, ayat 3[10]
Unlike the Catholic concept of atonement, tawbah does not entail formal, ecclesiastical confession to a religious leader.[11] Like Protestantism, Islam allows followers to repent directly to God. In addition, while Christianity and Islam considers humans as prone to sin, Islam ultimately views them as responsible for their actions and refutes the Christian concept of original sin.
For man's very soul incites him to evil unless my Lord shows mercy.
— Qur'an, sura 12, ayat 53[12]
More so, in Islam Muslims are discouraged from confessing their sins and sharing the wrongdoings of others. [13]
Also, according to Islam, Blood sacrifice cannot add to Divine Grace nor replace the necessity of repentance. However, sacrifice is done to help the poor and to remember Abraham’s willingness to sacrifice his son at God's command.
It is not their meat nor their blood that reaches Allah. it is your piety that reaches Him..."
— Qur'an, sura 22, ayat 37[14]
When a human has violated another human’s rights, ḥuqūq al-ʿibād, compensation is necessary in order to show that one has made amends.
When a human has offended or disobeyed God, ḥuqūq Allāh, penitence, remorse, and resolution are necessary in order to show that one is sincere, and will not repeat the wrongdoing in the future.
According to Shaddad ibn Aws:
Shall I not how to seek forgiveness? O Allah, You are my Lord, there is no God but You; for You created me and I am Your servant; and I am upon Your covenant and Your promise as much as I am able; I seek refuge in You from the evil of what I have done; I acknowledge Your favors upon me and I recognize my sins, so forgive my sins; verily, none can forgive sins but You.
— Sunan At-Tirmidhi, Book of Supplications, Number 3393, Hasan[15]
From a traditionalist perspective, sin is applied to an individual’s actions. Through belief and good works, an individual can remove his/her sin and attain God’s good favor. Classical legal scholar Muhammad al-Shafi'i (767 – 820) derived this understanding from Quranic passages such as:[11]
But He will overlook the bad deeds of those who have faith, do good deeds, and believe in what has been sent down to Muhammad —the truth from their Lord —and He will put them into a good state.
— Qur'an, sura 47, ayat 2[16]
From a modernist perspective, sin has also been applied to a group or community’s collective behavior. Through public acknowledgement of wrongdoing, people can take responsibility for the lack of morality within their society and enact social reform. Egyptian reformer Muḥammad ʿAbduh (1849–1905) and his disciple Muḥammad Rashīd Ridā (1865–1935) derived this understanding from Quranic passages such as:[11]
Unless they repent, make amends, and declare the truth. I will certainly accept their repentance.
— Qur'an, sura 2, ayat 160[17]
Other modern reformers, such as Sayyid Qutb, held that repentance involved a renewed, holistic commitment to Islam, rather than admission of sin for the sake of being pardoned of punishment. This understanding draws from classical Sufi thought, whereby one experiences a personality transformation and his/her sinful impulses are replaced by virtue.[11] Qutb derived this understanding from Quranic passages such as:
Those who repent, believe, and do good deeds: God will change the evil deeds of such people into good ones.
— Qur'an, sura 25 ayat 70[18]
According to Shaddad ibn Aws:
The Messenger of Allah, peace be upon him, said, “The lesser pilgrimage unto the lesser pilgrimage will expiate whatever sins were committed between them; and the accepted pilgrimage has no reward other than Paradise.
— Sahih Bukhari, Book 27, Number 1 [19]
However, regardless of one's outward deeds, God does not accept the forgiveness of those who are insincere in their repentance and only do so in order to avoid jahannam.
It is not true repentance when people continue to do evil until death confronts them and then say, ‘Now I repent.
— Qur'an, sura 4 ayat 18[20]
Major sins: Al-Kabirah
The most heinous sins in Islam are known as Al-Kabirah (Arabic: كبيرة) which translates to the great or major one. Some authors use the term enormity. While every sin is seen as an offense to Allah, the al-Kaba'ir are the gravest of the offenses.[1] Allah's power is thought to be only eclipsed by his mercy and thus small sins are tacitly understood to be forgiven after repentance. Not every sin is equal however and some are thought to be more spiritually damning than others. The greatest of the sins described as al-Kaba'ir is the association of others with Allah or Shirk.[21] Scholars differ as to how many major sins there are. In contrasting major sins with minor sins (al-sagha'ir), the eighth-century Shafi'i scholar Al-Dhahabi found the hadith collections of Sahih al-Bukhari and Muslim ibn al-Hajjaj listed seven major sins, while the tradition from Abd Allah ibn Abbas stated that there were closer to seventy major sins. [22]
Some of the major or al-Kaba'ir sins in Islam are as follows:[23]
Shirk (associating partners with Allah)
Committing murder (killing a human being that Allah has declared inviolate without a just cause)
Practicing black magic
Leaving daily prayers (Salah)
Zakat evasion (not giving obligatory charity)
Not fasting on the days of Ramadan (without an excuse)
Not performing Hajj (while being able to do so)
Cutting off the ties of relationships
Committing Adultery or Fornication (Zina)
Committing Sodomy / homosexuality
Using intoxicants
Eating pigs meat or use any part of pigs
Taking or paying interest (Riba)
Consuming the property of an orphan
Lying about Allah and his messenger
Turning back when the army advances (running from the battlefield)
The unjust leader
These seventeen references do not constitute all major sins in Islam, there are other fifty-four other notable major sins; some within this list also represent the opinions of particular scholars and so they do not perfectly represent Islam.
Although many of the ideas for what is unacceptable overlap, the seven major sins of Islam differs from the seven deadly sins of Christianity. The Islamic sins refer more to specific undesirable behavior rather than to the general negative characteristics or actions of the cardinal Christian sins. Despite the similar names, the seven main sins in Islam are more comparable to the Ten Commandments rather than the seven deadly sins. They both provide the bottom line for believers in terms of what is acceptable behavior in the faith. The actions themselves differ most of the major crimes in Islam relate to subservience to Allah. Any form of polytheism is seen to be the most severe offense in the religion and all of the other transgressions are in some form of association with Allah. Witchcraft, for example, is the taking on of supernatural powers in order to make the practitioner a being above the normal human. This challenges the power of Allah as the person in question has superseded their mortal position to become something greater and akin to a god. The same can be said of murder, as ultimately the power to decide who shall live and die is believed to belong solely to Allah. Life is thought to be a gift from Allah and the unjust taking of life is a severe spiritual offense, as it is not only seen as morally wrong but also as an affront to God.
In addition to what Muslim scholars agree are the principal seven sins, the idea exists that the major sins extend far past the seven. These additional transgressions, potentially up to seventy, are not universally settled upon nor are they explicitly stated in the Qur'an, however they are thought to be implied by the text.[23] The supplementary sins as a whole lack the spiritual gravity of the original seven and include things such as drinking alcohol and eavesdropping.
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