The Series "The Caliphate and Imamate in Islamic Thought" by the Writer and Thinker Thaer Salama - Abu Malek

The Series "The Caliphate and Imamate in Islamic Thought"

By the Writer and Thinker Thaer Salama - Abu Malek

Episode Seventy-Nine: Special Systems, Legislations, and Laws

Third: Special Systems, Legislations, and Laws

Thus, the "function" of enacting laws is placed in the hands of the legislative authority¹, and the laws aim to regulate the behavior of individuals in society, so that the new systems and laws are in line with the requirements of the constitution, and so that legislative consistency is ensured, so that laws do not contradict each other, and so that the laws take into account the pillars and strategic plans of the state and the goals and objectives of its general policies, in order to consecrate or protect "certain values" and take into account the political, social and economic "impact" of each legal text.

Researchers in "legal sciences" often focus on laws after their issuance, especially in terms of their interpretation and application, and do not pay attention to what came before that², i.e., the motives prior to their issuance, nor about the ability of those texts to achieve certain values in a real way, nor about the contradiction of those values with other values that often exist in society and life,

For example, positive systems often claim that they want to achieve through their laws and regulations: the actual commitment to human rights³, their protection, and their promotion, or the motive for enacting laws may be: achieving freedom, so the relationship between two males is seen as a legitimate relationship to achieve their freedom to do what they want. The point of all this is that private laws do not emanate from the secular system, i.e., from the secular creed, that creed which, because of its great flexibility, turned on itself and became no more than a structure to ensure that the legislator separates his laws from the values coming from religion, morality, customs, and other sources, and after that, the legislator can legislate what he sees as achieving vague, interpretable values that are not disciplined, such as achieving freedoms, or what is called achieving human rights!

As for the Sharia, the special laws that judges derive from the material of Islamic jurisprudence derived from the Book and the Sunnah are disciplined by the controls of the Sharia, and emanate from the Islamic faith and are derived according to specific and precise principles. So, which of the two groups is more deserving of security?

1- By studying the mechanisms of enacting laws in different countries that practice "democracy", we find that the draft law is enacted by legal experts and then submitted for voting and ratification, or for amendment so that the amendments do not deviate from the subject of the draft law. The role of the legislative authority is "discussing and approving laws", not "enacting laws". There are many mechanisms in which the Constitutional Court intervenes, and sometimes the matter requires ratification by other parties, or obtaining certain percentages of votes in the Senate and the House of Representatives, or the Senate and the House of Deputies, and so on. There are many mechanisms that "guarantee" that the legislative process proceeds in a manner that suits state policies!

2- Modified from The World Human Rights Forum, Second Session Marrakech 2014.

3- Human rights or civil liberties form an essential part of the country's constitution and regulate the rights of the individual against the state.

Reflections on the book: "Elements of the Islamic Psyche"

Prepared by Professor Muhammad Ahmad Al-Nadi

Episode Fifteen

Praise be to God, Lord of the Worlds, and prayers and peace be upon the Imam of the pious, the Master of the Messengers, sent as a mercy to the worlds, our master Muhammad and all his family and companions. Make us with them, and gather us in their company, by your mercy, O Most Merciful of the merciful.

Dear listeners, listeners of the Media Office Radio of Hizb ut-Tahrir:

Peace, mercy, and blessings of God be upon you. In this episode, we continue our reflections on the book: "Elements of the Islamic Psyche." In order to build the Islamic personality, with attention to the Islamic mentality and the Islamic psyche, we say, with God's help:

O Muslims:

We said in the last episode: It is also Sunnah for a Muslim to supplicate for his brother behind his back, just as it is Sunnah for him to ask his brother to supplicate for him. It is Sunnah for him to visit him, sit with him, keep in touch with him, and share with him for the sake of God after loving him. It is recommended for a Muslim to meet his brother with what he likes to please him with that. We add in this episode and say: It is recommended for a Muslim to give gifts to his brother, according to the hadith of Abu Hurairah, which was reported by Bukhari in Al-Adab Al-Mufrad, Abu Ya'la in his Musnad, Al-Nasa'i in Al-Kuna, and Ibn Abd Al-Barr in Al-Tamhid. Al-Iraqi said: The chain of narrators is good, and Ibn Hajar said in Al-Talkhis Al-Habir: Its chain of narrators is good, he said: The Messenger of God, may God bless him and grant him peace, said: "Exchange gifts, you will love one another."

It is also recommended for him to accept his gift and reward him for it, according to the hadith of Aisha in Bukhari, who said: "The Messenger of God, may God bless him and grant him peace, used to accept gifts and reward for them."

And the hadith of Ibn Umar in Ahmad, Abu Dawood, and Al-Nasa'i, who said: The Messenger of God, may God bless him and grant him peace, said: "Whoever seeks refuge in God, grant him refuge, and whoever asks you in the name of God, give him, and whoever seeks protection in God, protect him, and whoever does you a favor, reward him, and if you do not find anything, then supplicate for him until you know that you have rewarded him."

This is between brothers, and it has nothing to do with the gifts of the subjects to the rulers, as they are like bribery, which is forbidden. And one of the rewards is to say: May God reward you with good.

Al-Tirmidhi narrated from Usama bin Zaid, may God be pleased with them both, and said it is good and authentic, he said: The Messenger of God, may God bless him and grant him peace, said: "Whoever has a favor done to him and says to the one who did it: "May God reward you with good," then he has exaggerated in the praise." And praise is gratitude, i.e., reward, especially from someone who finds nothing else, as Ibn Hibban narrated in his Sahih from Jabir bin Abdullah, who said: I heard the Prophet, may God bless him and grant him peace, say: "Whoever is given a favor and does not find anything better than praise for it, then he has thanked him, and whoever conceals it has disbelieved, and whoever adorns himself with falsehood is like one who wears two garments of falsehood." And with a good chain of narrators, Al-Tirmidhi narrated from Jabir bin Abdullah, who said: The Messenger of God, may God bless him and grant him peace, said: "Whoever is given a gift and finds something to repay it with, let him repay it, and if he does not find anything, let him praise it, for whoever praises it has thanked him, and whoever conceals it has disbelieved, and whoever adorns himself with what he has not been given is like one who wears two garments of falsehood." And disbelieving in the gift means concealing and covering it up.

With an authentic chain of narrators, Abu Dawood and Al-Nasa'i narrated from Anas, who said: "The Muhajirun said, "O Messenger of God, the Ansar have taken all the reward, we have not seen a people who are better at giving a lot, nor better at consoling in a little than them, and they have spared us the burden," he said: "Do you not praise them for it and supplicate for them?" They said: "Yes," he said: "That is for that."

A Muslim should be grateful for the little as he is grateful for the much, and be grateful to the people who do him good, as Abdullah bin Ahmad narrated in his additions with a good chain of narrators from Al-Nu'man bin Bashir, who said: The Messenger of God, may God bless him and grant him peace, said: "Whoever is not grateful for the little, is not grateful for the much, and whoever is not grateful to the people, is not grateful to God, and talking about God's blessings is gratitude, and leaving it is disbelief, and the group is mercy, and division is torment."

It is Sunnah to intercede for one's brother for a benefit of righteousness or to facilitate a difficulty, as Al-Bukhari narrated from Abu Musa, who said: "The Prophet, may God bless him and grant him peace, was sitting when a man came asking, or seeking a need, he turned his face to us and said, "Intercede, so that you may be rewarded, and God will decree on the tongue of His Prophet what He wills."

And as Muslim narrated from Ibn Umar from the Prophet, may God bless him and grant him peace, who said: "Whoever is a connection for his Muslim brother to a person of authority for a benefit of righteousness or to facilitate a difficulty, will be helped to cross the Path on the day when feet slip."

It is also recommended for a Muslim to defend the honor of his brother behind his back, as Al-Tirmidhi narrated and said this is a good hadith from Abu Al-Darda' from the Prophet, may God bless him and grant him peace, who said: "Whoever defends the honor of his brother, God will ward off the fire from his face on the Day of Resurrection." This hadith of Abu Al-Darda' was narrated by Ahmad, and he said its chain of narrators is good, and Al-Haythami said the same.

And what Ishaq bin Rahwayh narrated from Asma bint Yazid, who said: I heard the Messenger of God, may God bless him and grant him peace, say: "Whoever defends the honor of his brother behind his back, it is a right upon God to free him from the Fire."

Al-Quda'i narrated in Musnad al-Shihab from Anas, who said: The Messenger of God, may God bless him and grant him peace, said: "Whoever supports his brother behind his back, God will support him in this world and the hereafter." Al-Quda'i also narrated it from Imran bin Hussein with the addition: "And he is able to support him." And as Abu Dawood and Al-Bukhari narrated in Al-Adab Al-Mufrad, and Al-Zain Al-Iraqi said: Its chain of narrators is good from Abu Hurairah that the Messenger of God, may God bless him and grant him peace, said: "The believer is the mirror of the believer, and the believer is the brother of the believer, from wherever he meets him, he protects him from his loss and surrounds him from behind."

O Muslims:

You have learned from the noble Prophetic hadiths mentioned in this episode and the previous episode that it is Sunnah for whoever loves a brother for the sake of God to inform him and let him know that he loves him. It is also Sunnah for a Muslim to supplicate for his brother behind his back. It is also Sunnah for him to ask his brother to supplicate for him. It is Sunnah for him to visit him, sit with him, keep in touch with him, and share with him for the sake of God after loving him. It is recommended for a Muslim to meet his brother with what he likes to please him with that. It is recommended for a Muslim to give gifts to his brother. It is also recommended for him to accept his gift and reward him for it.

A Muslim should be grateful to the people who do him good. It is Sunnah to intercede for one's brother for a benefit of righteousness or to facilitate a difficulty. It is also recommended for him to defend the honor of his brother behind his back. So why don't we adhere to these Sharia rulings and all the rulings of Islam, so that we may be as our Lord loves and is pleased with, so that He may change what is within us, improve our conditions, and we may win the best of this world and the hereafter?!

Dear listeners: Listeners of the Media Office Radio of Hizb ut-Tahrir:

We will suffice with this amount in this episode, with the understanding that we will complete our reflections in the coming episodes, God willing. Until that time and until we meet you, we leave you in God's care, protection, and security. We thank you for your kind listening, and peace, mercy, and blessings of God be upon you.