Those who say that the Shari‟ah of the previous nations is a Shar‟iah for the Muslims provide the following sayings of Allah (swt) as Daleels:

“We have sent you Wahi, as we sent it to Nuh” (TMQ An-Nisa: 163)

“He set for you from the Deen what He advised for Nuh” (TMQ Ash-Shura: 13)

“Then We revealed to you, „Follow the millah of Ibrahim.‟” (TMQ An-Nahl: 123)

They claim that the above Ayat address the Muslims by the Shar‟iah of the previous Prophets. They also state that Allah (swt) orders the Muslims to abide by everything the Messenger (saw) conveyed, except for issues specific to him and issues that were abrogated.

Based upon this understanding, they claim that the Muslims are addressed by the Shar‟iah of previous nations because the Qur‟anic text contains neither an exception nor an abrogation.

This argument stems from an incorrect understanding of the Ayat. The first Ayah means that Allah (swt) revealed the Wahi to Muhammad (saw) in the same manner that he revealed the Wahi to previous Prophets. The second Ayah means that Allah (swt) revealed to Muhammad (saw) the same Tawheed and fundamental beliefs that Nuh (as) was ordered to follow, and the third Ayah orders Muhammad (saw) to follow the fundamentals of Tawheed because the word „Millah‟ refers to Tawheed. Similarly, Ayat like, “Follow the guidance they received,” refer exclusively to the Tawheed, which is the core of the Deen that all Prophets and Messengers shared, but it does not refer to the Shar‟iah that came with each message.

As for the saying of Allah (swt), “It was We who revealed the Torah: therein was guidance and light by which the Prophets ruled...” (TMQ Al-Maidah: 44)

It is addressing the Prophets of Bani Israel, not Muhammad (saw), because the Muslims have no Prophets but one. Regarding the narration of Abu Hurairah in which the Messenger of Allah (saw) said, “The Prophets are brothers. Their mothers are different and their Deen is one.” (Muslim)

The expression َٚ “their Deen is one” refers to the Tawheed or „Aqeedah, which all the Messengers have. This does not mean that the entire message or Shar‟iah prescribed to each nation is alike because Allah (swt) says:

“To each among you, We have prescribed a Shar‟iah and a method.” (TMQ Al-Maidah: 48)

Thus, the evidences that are used for justifying the Shar‟iah of previous Prophets and nations as a legal source are not strong. Furthermore, there are evidences that prohibit following the previous Sharaa‟i whether they are mentioned by the Qur‟an and Hadeeth or otherwise.

Allah (swt) says: “If anyone chooses a Deen other than Islam, never will it be accepted of him” (TMQ Al-Imran: 85)

“Verily the only Deen that is accepted by Allah is Islam.” (TMQ Al-Imran: 19)

Both texts state that any Deen other than Islam is not accepted from anyone. Thus, it is not possible that Allah (swt) would require the Muslims to follow them. Allah (swt) also says:

“To you We sent the Book with the truth, verifying the Book that came before it, and dominating it.” (TMQ Al-Maida: 48)

The domination of the Qur‟an over previous books cannot mean the verification of them because Allah (swt) used the word “verification” in the same Ayah. Thus, it means that the Qur‟an abrogates them all. Also Ijma‟ as-Sahabah on this matter indicate that the Islamic laws abrogated all previous ones.

In addition, Allah (swt) says:

“Were you witnesses when death appeared before Ya‟qoob? Behold he said to his sons, „What will you worship after me? They said, „We will worship your God and the god of your fathers, of Ibrahim, Isma‟eel and Ishaq-the one true God: to Him do we submit.‟ That was an Ummah that passed away. They shall reap the fruit of what they did, and you of what you do. You shall not be asked about what they did.” (TMQ Al-Baqarah: 133-4)

Allah (swt) states that the Muslims will not be questioned regarding the actions of the Prophets. Conveying the Shar‟iah and acting upon it is a part of their actions which Muslims are not questioned for and the Muslims are not addressed by it, and it is not binding upon them. Also, Jabir narrated that the Messenger of Allah (saw) said:

“I have been given five things which none before me was given: each Prophet was sent specifically to his people while I have been sent to every red and black.” (Muslim)

Abu Hurairah narrated that Allah‟s Messenger (saw) said:

“I have been preferred over other Prophets with six things,” one of which was that:

“I am sent to all of creation.” (Muslim)

The Prophet (saw) says that each Prophet before him (saw) was sent only to his people, which means no one else but their own people are responsible for their Shar‟iah. None of the previous Prophets were sent to the Muslims. Therefore, their laws are not a Shar‟iah for the Muslim Ummah.

This is supported by what is clearly mentioned in the Qur‟an:

“To Thamood, We sent their brother Saleh” (TMQ Hud: 61)

“To „Ad, we sent their brother Hud” (Al-Araf 7: 65)

“To Midian, We sent their brother Shu‟ayb” (Al-Araf 7: 85)

The above show that the previous laws are not Shara‟i for the Muslims for three reasons. First, the Daleels that are used refer only to the Tawheed and Aqa‟id, and not the Shar‟iah. Second, there are legal texts that prohibit following any Shar‟iah except the Islamic Shar‟iah. Third, each Prophet was sent specifically to his people.

The Muslims are not part of previous nations, the previous Prophets were not sent to the Muslims, and the Muslims are not addressed by their law and consequently not responsible for them. Thus, the law of previous nations is not considered as a source of rules.

Regarding the claim that Muslims have to follow everything that the Messenger (saw) mentioned. Allah (swt) ordered the Muslims to follow what the Messenger (saw) brought. The Messenger (saw) narrated the affairs of previous nations to learn and take lessons from the morale of their stories, and not to abide by their laws. The Messenger (saw) narrated to the Muslims the stories of the previous Prophets as well as information about other nations. He (saw) explained their situations and rules they were following just as a reminder, not as an order to follow their laws. The news about the nations‟ affairs and rules they were following were all mentioned as mere narrations to take lessons from and not as laws to follow.

Moreover, many of those rules contradict the Islamic Shar‟iah in their details. If the Muslims were addressed by these laws, they would be addressed by two different Sharaa‟i, which is impossible. For example, Allah (swt) says regarding Sulayman:

“And he took an account of the birds; and he said, „Why is it I do not see the Hud? Or is he among the absentees? I will certainly punish him with a severe punishment, or execute him, unless he brings me a clear reason.”‟ (TMQ An-Naml: 20-21)

There is no disagreement among Muslims that there should be no punishment for birds, and all animals for that matter, even if they cause some harm. The clear text from the Messenger (saw) states:

“The transgression of animals is not accounted for.” (Bukhari)

Thus, the transgression of animals as well as the birds is not compensated for.

Also, Allah (swt) addressed Musa (as):

“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 of their entrails, or is mixed up with a bone.” (TMQ Al-Anam: 146)

In the Islamic Shar‟iah Allah (swt) made all of this Halal to the Muslims by saying, “And your food is made halal for them.” The fat mentioned in the Ayah is part of the Muslims‟ food. Thus, it is allowed for them. The people of Zakariah also had their own Shar‟iah as mentioned in the Qur‟an.

Maryam‟s mother said:

“I vowed what is in my womb for you.” (Al-Imran: 35)

This is Haram in Islam. Also, Allah (swt) addressed Ya‟qoob:

“All food was lawful to the Children of Israel, except what Israel made unlawful for himself” (TMQ Al-Imran: 93)

In Islam it is Haram for anyone to make anything Haram if Allah (swt) did not make it Haram:

“Why do you make unlawful that which Allah made lawful for you.” (TMQ At-Tahrim: 1)

Similarly the Qur‟an mentions the Shar‟iah of the Kitabyeen during the days of the People of the Cave:

“Those who prevailed over their affair said, „Let us surely take a place of worship over them.‟” (TMQ Al-Kahf: 21)

This is Haram in Islam because the Prophet (saw) said:

“Those are the people who, whenever a pious man dies amongst them, make a place of worship at his grave and then they make those pictures in it. Those are the worst creatures in the Sight of Allah.” (Bukhari & Muslim)

In another Ayah, Allah (swt) addressed the people of Musa:

“We ordained upon them: „Life for a life, eye for an eye, nose for a nose, ear for an ear, tooth for a tooth, and wounds equal for equal.‟” (TMQ Al-Maidah: 45)

Muslims do not follow this order. Instead, Islam obligates Muslims in this case to take al-Qawad, or the capital punishment against murder (within specific rules). Furthermore, Islam established the monetary compensation for any crime below this, as Allah (swt) says:

“If then anyone transgresses against you, transgress likewise against him.” (TMQ Al-Baqarah: 194)

“And if you punish, let your punishment be proportional to the wrong that has been done against you.” (TMQ An-Nahl: 126)

“And the punishment for a wrong deed is likewise.” (TMQ Ash-Shura 42: 40)

Also, the meaning of the Ayah, “And wounds equal for equal,” differs from the Qisas in Islam. Qisas in Islam is called Irsh, which is the monetary compensation for crimes against any part of the body. The Torah does not contain the acceptance of Irsh. Since many rules that applied to the previous Prophets and nations contradict the Islamic laws, the Muslims cannot be addressed by them.

It should not be said that only those rules mentioned above are abrogated by their corresponding Islamic rules. The reason for this is because the Islamic rules did not come to abrogate the previous rules on a case-by-case basis but rather came as a complete Shar‟iah for humanity that has no relationship with the previous ones. Thus, the claim of case-by-case abrogation is invalid.

Moreover, as explained earlier abrogation is the invalidation of an existing rule in the text by a new text. For example, the Messenger (saw) says:

“I used to forbid you from visiting the graves, now you should visit them.” (Muslim, Tirmidhï, Abu Dawud & al-Nasa‟i)

The invalidation of an old rule by a new text is termed abrogation. In abrogation, the abrogated rule must have been revealed before the new rule, and the new rule must also contain a Daleel that it is abrogating the previous rule. If both conditions are not met, there is no abrogation. The mere disagreement or contradiction between two rules does not make one of them abrogate the other. Therefore, the rules mentioned regarding the previous Sharaa‟i are not abrogated by their corresponding Islamic ones that conflict or contradict them. There is no Daleel for such a claim. Also, there is no relationship between the Islamic legislation and these rules. However, these rules are abrogated as part of the abrogation of the previous Sharaa‟i as a whole. Thus, they do not need specific rules to abrogate them.

All of these evidences clearly illustrate the invalidity of the notion that the Muslims are responsible for everything that the Messenger (saw) conveyed. The Muslims are responsible and obligated to follow only the Shar‟iah of Islam. The Muslims are not addressed with stories and affairs of the previous Prophets, nor are they addressed with the rules that the previous nations followed. Therefore, the Shar‟iah of previous nations is neither a Shar‟iah for the Muslims nor a legal source of legislation.

However, if there is another text that came with statements which includes a rule from the previous Sharaa‟i indicating that Muslims are addressed by them, then this rule becomes part of the Islamic Shari‟ah. Thus, Muslims are obliged to follow this rule because it is part of the Islamic Shari‟ah, not because Muslims are obligated to follow the previous Sharaa‟i. Muslims are obliged to apply the rule because Allah (swt) stated the text that indicates this rule is addressed to the Muslims.

Scrutinising the rules mentioned in the Qur‟an and the Sunnah which are addressed to the previous Prophets indicates that the Muslims are also addressed by these rules in three situations:

1) If the Ayah which contains the rule begins by addressing the Muslims. For example, in the Ayah addressing the issue of hoarding wealth, Allah (swt) says:

“O you who believe! There are many rabbis and priests who eat the wealth of people unjustly and they yasuddun (keep people away from) Allah‟s Path, and there are those who hoard the gold and silver and do not spend it in the cause of Allah. Promise them a severe punishment.” (TMQ At-Tauba: 34)

Allah (swt) in this Ayah has addressed the Muslims therefore the rules that came in the Ayah are part of the Islamic Shari‟ah. Based on this Ayah, hoarding wealth is Haram in the Islamic Shari‟ah, even though the rule came as part of an Ayah which explains the status of priests and rabbis.

2) If the Ayah which includes the rule has one of the words that imply a general connotation, such as the Ayat of ruling with other than Allah‟s rules. Allah (swt) says:

“Whoever (waman) rules by other than what Allah has revealed, then those are the Dhalimoon (oppressors).” (TMQ Al-Maidah: 45)

The word “Mann” in Arabic establishes a general connotation. Thus, the Muslims are addressed by this Ayah.

3) If the Ayah which includes the rule, ends with something that directs the attention of Muslims to the rule. For example, in the Ayat of Surah al-Qasas which alludes to the position and practices of Qaroon. The Ayat start by saying:

“Qaroon was from the people of Musa; however he transgressed over them. And We gave him of the treasures, that of which the keys would have been a burden to a body of strong men. When his people said to him, „Do not be glad (with ungratefulness to Allah‟s Favors). Verily! Allah likes not those who are glad (with ungratefulness to Allah‟s Favors).‟ But seek, with that (wealth) which Allah has bestowed on you, the home of the Hereafter, and forget not your portion of legal enjoyment in this world, and do good as Allah has been good to you, and seek not mischief in the land. Verily, Allah likes not the Mufsidoon.” (TMQ Al-Qasas: 76-77)

“He said, 'This has been given to me only because of knowledge I possess.' Did he not know that Allah had destroyed generations before him, men who were stronger than him in might and greater in the amount they had collected? But the Mujrimoon will not be questioned of their sins (because Allah knows them well, so they will be punished without account). So he went forth before his people in his pomp. Those who were desirous of the life of the world said, 'Ah, would that we had the like of what Qaroon has been given. Verily! He is the owner of a great fortune.” (TMQ Al-Qasas: 78 -79)

“But those who had been given knowledge said, 'Woe to you! The reward of Allah is better for those who believe and do righteous good deeds, and this none shall attain except those who are patient.' So We caused the earth to swallow him and his dwelling place. Then he had no group or party to help him against Allah, nor was he one of those who could save themselves. And those who had desired his position the day before began to say, 'Know you not that it is Allah Who enlarges the provision or restricts it to whomsoever He pleases of His slaves. Had it not been that Allah was Gracious to us, He could have caused the earth to swallow us up (also)! Know you not that the disbelievers will never be successful.'” (Al-Qasas 28: 80-82)

In those Ayat, Allah (swt) is talking about Qaroon, and they are immediately followed by the Ayat which state:

“We will grant the Hereafter to those who do not seek arrogance or mischief in the earth, and the good end is for the Mutaqeen (pious). He who comes with the Hasana will be rewarded better than it...” (TMQ Al-Qasas: 83)

The last two Ayat started addressing the Prophet (saw) and the Muslims, which means that they direct the attention of the Muslims to Qaroon and to the rules mentioned in the Ayat discussing him. Qaroon was from those who sought arrogance in the earth. Thus, the Muslims are addressed by the same rules.

In these three situations, the rules mentioned in these Ayat are a part of the Islamic Shari‟ah because there are texts indicating that the Muslims are addressed by it.

The following Hadith reiterates the point that we are obliged to follow the Shariah revealed to Muhammad (saw) and not any other.

Jabir ibn Abdullah narrated that Umar Ibn al-Khattab brought a copy of the Torah to the Prophet (saw) and said: “O Messenger of Allah, this is a copy of the Torah.” But [the Prophet] kept silent. Then Umar started reading and the face of the Prophet kept changing. So, Abu Bakr interrupted him violently: “Don't you see the face of the Messenger (saw)?” Umar looked at the Prophet's face and said, “May Allah preserve me from His anger and from the anger of his Messenger (saw), we accepted Allah as Lord and Islam as religion and Muhammad as Prophet.” Then the Prophet (saw) said:

“By the One Who owns Muhammad's soul, if Musa (as) appeared to you and you followed him and left me, you would go astray from the right path and if he were alive and reached [the time of] my prophethood he would have followed me.”26

26 Tirmizi 194; Darimi 1/435 and Mishkat, 1/20