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13 Adopting Divine Rules (AHkam Shar’aiah)


During the era of the Companions (sahabah), the Muslims used to extract the AHkam shar’aiah from the Book and the Sunnah by themselves. The judges, when tackling the disputes among people, would deduce by themselves the hukm shar’ai for every issue or event that they were faced with. The rulers, starting with the Ameer al-Mu'mineen to the Wulat and others, would themselves deduce the AHkam shar’aiah to solve every problem that arose during their ruling. Abu-Musa al Ash'ari and ShuraiH (raa) were two judges (qadi) who deduced the rules (AHkam) and judged by their own ijtihad. Mu'adh ibn Jabal (r.a) was a governor (wali) at the time of the Prophet (saw) and used to deduce aHkam and ruled in his wilayah by his own ijtihad. Abu Bakr and Umar (ra) both deduced aHkam by themselves during their ruling and both ruled the people with the ijtihad each of them had deduced. Muawiya and Amr ibn al 'Aas were two governors who deduced aHkam for themselves by their own ijtihad and ruled people in accordance with it in their provinces. In spite of the ijtihad undertaken by the judges and governors, the Khaleefah used to adopt certain aHkam and to order their execution by the people who would be obliged themselves to implement the adopted rules and to leave their own opinion and ijtihad on those rules. This is because the hukm shar’ai states that the Imam's decree is to be executed openly and covertly. Examples of this is Abu Bakr's adoption that the pronouncement of divorce three times in one sitting constitutes only one divorce, and his adoption that funds should be equally distributed among Muslims irrespective of the time when they embraced Islam or any other matter. The Muslims followed Abu Bakr in these adoptions and the judges and governors executed them. When 'Umar came to office after him he adopted different opinions in the same questions. He obliged people to accept and execute the pronouncement of divorce three times in one sitting as three divorces, and he distributed the funds differently according to the time when the people had entered Islam and according to need. The Muslims followed 'Umar in these adoptions and the judges and governors executed them. 'Umar also made the adoption that land obtained in war was a ghanima owned by the Bait ul Mal (House of Funds), wherein the original owners would retain possession and not distribute the land to the Muslim soldiers or the Muslims. The governors and judges followed him in this adoption and enacted the aHkam he had adopted. Accordingly, the consensus of the Companions (ijma'a as-sahabah) confirms that the Imam has the authority to adopt certain rules and order that they be executed and the Muslims must obey him, even if their ijtihad differs from it. Among the well known shar’aiah principles are:

"The Sultan has the right to adopt decrees as numerous as the actual problems";.

"The Imam's decre e resolves the discord"; and.

"The Imam's command is executed openly and covertly".

Henceforth, the Khulafa'a adopted specific AHkam. Haroon ar-Rasheed, for example, adopted the book Kitab al-Kharaj in the economic affairs, and he obliged all the people to execute the AHkam included within it.

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Chapters (31)
  1. 1System of Islam
  2. 21 The Way to Belief
  3. 32 Al-QaDaa wal Qadar
  4. 43 The Intellectual Leadership of Islam Part 1
  5. 53 The Intellectual Leadership of Islam Part 2
  6. 63 The Intellectual Leadership of Islam Part 3
  7. 76 The Way to Carry the Islamic Da’wah
  8. 87 The Islamic Civilisation (al-haDarah al Islamiyyah)
  9. 98 The System of Islam
  10. 109 Hukm Shar’ai
  11. 1110 The Types of AHkam Shar’aiah
  12. 1211 Sunnah
  13. 1312 Emulating (at-tassi) the Actions of the Messenger (saw)
  14. 1413 Adopting Divine Rules (AHkam Shar’aiah)
  15. 1514 Constitution and Canon
  16. 1615 CONSTITUTION: GENERAL RULES
  17. 1716 Constitution: THE RULING SYSTEM
  18. 1817 Constitution: THE KHALEEFAH
  19. 1918 Constitution: DELEGATED ASSISTANT mu’awin ut-tafweeD
  20. 2019 Constitution: EXECUTION ASSISTANT mu’awin ut-tanfeedh
  21. 2120 Constitution: AMIR OF JIHAD
  22. 2221 Constitution: THE ARMY
  23. 2322 Constitution: JUDICIARY (QADAAA)
  24. 2423 Constitution: THE GOVERNORS OF THE PROVINCES (WULAH)
  25. 2524 Constitution: THE STATE DEPARTMENTS
  26. 2625 Constitution: THE UMMAH ASSEMBLY (Majlis al-Ummah)
  27. 2726 Constitution: THE SOCIAL SYSTEM
  28. 2827 Constitution: THE ECONOMIC SYSTEM
  29. 2928 Constitution: EDUCATION POLICY
  30. 3029 Constitution: FOREIGN AFFAIRS
  31. 3130 Morals in Islam ( al-akhlaaq fil- Islam)