28. Dangantaka Tsakanin Mutane
28. Relationships Between Individuals
Dokokin da aka bayyana sun zama misali ne na dokokin Shari'a da suka shafi Daular Musulunci da dangantakarta da sauran jihohi, al'ummai da kasashe. Wasu daga cikin dokokin an yi musu bayani a cikinsa a matsayin misali ga sauran dokokin, har sai an bayyana wa Musulmi tushen da wadannan dangantaka ta gaba-daya ta dogara a kansa, da kuma nau'in dokokin da ke magance matsalolinta. Akwai kuma dangantaka tsakanin mutane daidaiku wacce amfanin rayuwarsu ya dogara a kanta. Musulunci ya zo ya magance wadannan dangantaka tsakanin daidaikun mutane da dokokin Shari'a na musamman da dangantakar mutum da mutum, na gaba-daya ga 'yan Adam baki daya saboda asalinsu a matsayinsu na mutane.
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 as represented in individuals. It legislates for these individuals with their human attribute taken into consideration, as a collection of people who form a community, and it legislates for these individuals and this community what they need of relationships, and of the relationships between individuals by whose existence a community is formed. And since what is meant by "human beings" is the species of human beings, regardless of whether one is Khalid or Muhammad, the legislation came for this human being, not for a specific individual. And since what is intended by "the individual" is a specific person in respect of being a particular Khalid or Muhammad, Islam made the performance of the legislated responsibilities required of the individual in his individualised capacity, and what is intended by this is the treatment of the problems of the individual as an individual, and it commanded restraint with all that Islam came with. The rules, even though they are legislated for human beings, yet the one required to undertake their responsibilities is the specific individual, such as any Khalid or Muhammad. However, this is not in his individual capacity specific to him, in which none other can share with him, such as his height, his love of young herbs, or his abstention from meat, but rather as an individual in the capacity of being a human being, upon whom the innate attributes of the human apply, wherein appears the vital energy which manifests 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. Duk waɗannan dokoki ne da aka ɗora wa wani takamaiman mutum, Muhammad ko Khalid ko Hassan, amma saboda girmansa a matsayinsa na ɗan Adam.
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.
Daga bin ƙa'idojin Shari'ah a gaba ɗaya, mun ga cewa a lokacin da Musulunci ya shimfiɗa dokoki, ya kare muradun mutum a matsayinsa na mutum na musamman da kuma muradun al'ummar da yake rayuwa a cikinta a matsayinta na al'umma wadda ta ƙunshi daidaikun mutane, a ainihin cewa ita al'umma ce, ba a dangantakar da ke tsakanin daidaikun mutane ba. Idan ya shimfiɗa doka ga al'umma tare da alaƙoƙin da ke cikinta, yana kare muradun mutum, kuma idan ya shimfiɗa doka ga mutum a cikin alaƙoƙin da ke tsakaninsa da wasu, yana kare muradun al'umma. Saboda haka, mun ga cewa lokacin da ya ba Dawla izinin karɓar dukiyar Musulmi don gudanar da al'amuran 'yan ƙasa inda aka bayyana a fili cewa kudaden shiga ba su isa ba, ya takaita Dawla kada ta karɓi fiye da abin da Allah (swt) ya wajabta wa al'umma, kamar karɓar kuɗi don jihadi ko ciyar da mabukata. Haka kuma ya takaita kada ta karɓi wannan sai daga kuɗin da ya wuce kima na masu arziki, watau abin da ya zarce bukatunsu na asali waɗanda su ne abinci, tufa da masauki, da bukatunsu na asali waɗanda ake ɗaukar su larura bisa ma'anar al'ummarsu, watau bisa abin da aka sani daga bukatunsu kamar aure da abin da suka dogara da shi don biyan bukatunsu na nesa, da bayi da makamantan haka. A cikin wannan shimfiɗa don kiyaye al'umma akwai kariya ga muradun mutum. Haka kuma za ku ga cewa a lokacin da Shari'a ta ba mutum izinin gina gida ko shuka lambu, sai ta sanya masa hanyar jama'a, kuma ta hana shi ginawa, shukawa ko noma ta kowace hanya da take cin zarafin haƙƙin hanyar dukiyar jama'a. Kuma a lokacin da ta ba mutum izinin sayar da abin da yake mallaka a wajen ƙasashen Musulunci a kasuwanci, ta hana shi sayar da makamai da duk abin da ke ƙarfafa abokan gaba a kan Musulmi. Wannan shimfiɗa ga mutum tana kare muradun al'umma.
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.
Saboda haka dokar da take tsara dangantaka tsakanin mutane, baya ga kasancewarta dokar dangantakar daidaikun mutane, ba za a iya raba ta da kasancewarta dokar ɗan Adam ba, ko dokar al'umma, ko dokar al'ummar da ke ci gaba da kasancewa, watau dangantakar da ke tsakanin daidaikun wannan al'umma. Saboda haka misalan hukunce-hukuncen Shari'ah da suka shafi dangantakar daidaikun mutane hukunce-hukunce ne na Shari'ah gaba ɗaya ga dukkan ɗan Adam, koda kuwa suna kula da dangantakar daidaikun mutane kuma ana aiwatar da su kan takamaiman mutanen da suke aiwatar da su kai tsaye. Misali, ciniki hukunce-hukunce ne na Shari'ah don tsara dangantakar daidaikun mutanen da suke aiwatar da hukunce-hukuncen Musulunci a ƙarƙashin tutar Daular Musulunci. Su ne suke aiwatar da waɗannan hukunce-hukuncen kai tsaye; duk da haka suna shafar dukkan daidaikun ɗan Adam. Idan Muhammad da Khalid suka gudanar da ciniki kai tsaye, dukkansu ana umartarsu da aiwatar da hukunce-hukuncen ciniki yayin da suke harkar ciniki, Hassan da Salih kuma ba sa buƙatar su domin ba sa cikin ciniki. Hukunce-hukuncen ciniki an shar'anta su ne domin daidaikun mutane su aiwatar da su, amma a matsayinsu na ɗan Adam da yake rayuwa a cikin al'umma, kuma suna aiwatar da su idan matsala ta taso, suna kuma aiwatar da ita kai tsaye. Tunda Musulmi mutum ɗaya yana da wajibi ya bi hukunce-hukuncen Musulunci a kan ayyukansa na kansa, to wajibi ne a kansa ɗaiɗaiku ya san hukunce-hukuncen Shari'a a kowane al'amari da yake niyyar aiwatarwa kai tsaye. Saboda haka yana da amfani a ba da misali (namadhij) na hukunce-hukuncen da suka shafi dangantaka tsakanin su, domin Musulmi su san su, su koma ga littattafan Shari'ah don sanin abin da suke buƙata.
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.