The Islamic Personality by Sheikh Taqīuddīn An-Nabahānī

The rules which have been explained are a sample of the Shari’ah rules related to the Islamic State and its relationship with other states, peoples and nations. Some of the rules were clarified therein as a sample for the rest of the rules until it is clarified for the Muslim thence the basis upon which these general relations stand and the category of rules which treat its problems. There are relations between individuals upon which their benefits stand in their lives. Islam came and treated these relations between individuals with Shari’ah rules specific with individual relations, general for human beings in his essence as a human being.

Islam in all its legislation legislates for human beings not for specific individuals but it legislates for the human being represented in individuals. It legislates for these individuals with their human attribute in their consideration as a collection of people who are a community and legislates for these individuals and this community what they need of relationships and of the relationships between individuals by whose existence a community is created. And since the connotation by human beings is the species of human beings irrespective of his being Khalid or Muhammad, the legislation came for this human being not for a specific individual. And since the intention by the individual is a specific person in respect of his being a particular Khalid or Muhammad, Islam made performing the legislated responsibilities requested from the individual in his individualised capacity and intended by it is the treatment of the problems of the individual as an individual, and commanded the restriction with all that Islam came with. The rules, even if legislated for human beings, yet the one requested to undertake its responsibilities is the specific individual as any Khalid or Muhammad. However this is not in his individual capacity specific to him wherein none other can associate with him such as his length, his love of young herbs, his abstention from meat, but rather as an individual in the capacity of his being a human being upon whom applies the innate attributes of the human wherein appears the vital energy which manifest in the actions of this individual in his capacity as a human being. Islam came with rules to organise the relationships between individuals in their public and private lives i.e. it came with rules to organise their relationships between people just as it came with rules legislated to organise relationships between people and the State, and between the State and other states or to organise the community in respect of it being a community. All of these are rules imposed upon a specific individual, Muhammad or Khalid or Hassan but in respect of his being a human being.

From following the Shari’ah rules in their generality, we find that when Islam legislated rules it protected the interests of the individual in his specific personality and the interests of the community in which he lives in its capacity as a community composed of individuals in its essence as a community not in the relation to relationships between individuals. When it legislates for the community with the relationships within it, it protects the individual’s interests, and when it legislates for the individual in the relationships between him and other(s) it protects the interests of the community. Accordingly we find that when it allowed the State the right to take from the Muslims’ wealth to administer the affairs of the citizens where it explicitly stated revenues are not sufficient, it restricted the State not to take more than what Allah (swt) obliged upon the community like taking money for jihad or feeding the hungry. And it restricted it not to take this except from the excess money of the wealthy i.e. what exceeds their basic needs which are food, clothing and shelter, and their basic needs which are considered necessities according to the definition of their society i.e. according to the well-known from their needs like marriage and what they are depend upon to satisfy like their remote needs, servants and similar to this. Within this legislation to preserve the society is the protection for the individual’s interests. You will also find that when the Shar’a allows the individual to build a house or plant a garden that it imposes upon him a path for the people and prevents him from building, planting or cultivating in any way that encroaches upon the right of the path of public property. And when it allows the individual to sell what he owns outside the homelands of Islam in trade, it prevented him from selling weapons and all that strengthens the enemy against Muslims. This legislation for the individual protects the community’s interests.

Accordingly the legislation which organises relationships between individuals on top of its being legislation for individual relationships cannot be separated from its being legislation for a human being or its being legislation for the community or its being legislation for the society i.e. for the standing relationships between the individuals of this community. Hence the model (namadhij) for the Shari’ah rules related to the relationships of individuals are Shari’ah rules general for all humanity even if they treat the relationships of individuals and are applied upon specific individuals who directly perform them. For example, trade is Shari’ah rules for organising the relationships between individuals who implement the Islamic rules under the banner of the Islamic State. They are the ones who directly perform these rules; however they apply to all individuals of humanity. When Muhammad and Khalid directly undertake trade, both are addressed to execute the rules of trade as they are engaged in trade, and Hassan and Salih are not requested by them as they are not engaged in trade. The rules of trade are legislated to be implemented by individuals but in their capacity of being human beings living in a community and they implement them when a problem arises and they directly perform it. Since the individual Muslim is obliged for the Islamic rules upon his individual actions, then it is an individual obligation upon him to know the Shar’a rules in each issue he intends to directly perform. So it is beneficial to offer a model (namadhij) of the rules related to the relationships between them so that Muslims know them and return to the books of Shari’ah to know what they need.