Islam Fundamental Principles and Teachings

Part Two : Foroo‘ Al-deen

The Essential Principles and Practices of Islam Before beginning with the presentation of the second part of Islam’s outstanding teachings, it is worth mentioning that the first part of Islam’s splendid teachings; namely Os}ool al-Deen; the fundamental principles or beliefs of Islam, which were covered earlier – must be the belief of the individual out of reason and conviction by investigation, for they are issues related to thought and belief, and it is not sufficient for one to rely on and follow others on these matters.

However, in the case of Foroo‘ al-Deen or the essential rulings and practices of Islam that we are to discuss here, involve all aspects of life, covering one’s every acts, deeds, and movements from before one’s birth to after his death. Since one is generally not able to readily attain expert knowledge in every aspect of all these acts, deeds, and movements, and acquire their rulings from their detailed sources that are mentioned in the four sources; namely the Noble Qur’an, the honourable sunnah – i.e. the hadith of the prophet and the narrations of his Ahl al-Bayt peace be upon them all – consensus, and reason, therefore Islam has allowed one to follow a mujtahid (learned expert) who is fully qualified for taqleed on these matters, and to refer to him in order to make things easy for the individual concerned.

Of course Foroo‘ al-Deen are many, and so we shall mention the most important of them which are the famous ten, and then we will elucidate some of those that require clarification by the will of Allah. The ten famous Foroo‘ al-Deen are as follows:

  1. S{ala> or the daily obligatory prayers,
  2. S{awm or fasting,
  3. Khums or the one-fifth religious duty,
  4. Zaka>h or the duty applicable to certain commodity,
  5. H{ajj or pilgrimage to the holy city of Mecca,
  6. Jihad or striving,
  7. Amr bil-Ma’roof – promoting virtue or enjoining good,
  8. Nahy anil-Munkar – prohibiting evil,
  9. Tawalli – aligning with Allah’s disciples,
  10. Tabarri – dissociating from the enemies of Allah.

Needless to say, these ten principles, as well as other principles such as buying, selling, marriage, divorce, punishment, compensation are discussed in detail in our book The Manual of Islamic Law. However, some of the important principles, which are of particular significance in the modern times, such as human community, social order, politics, economy, the army, the armed forces, the justice system, culture, mass media, health, medical issues, individual and social freedoms, and suchlike are the ones we shall discuss in this section by the will of Almighty Allah.

Society and the System of Islam

There is no doubt that Islam has its own particular system for governance and for managing the affair of society, just as there is also no doubt that this particular Islamic system was working, whether when fully or partially implemented, for thirteen centuries until Islamic government fell more than half a century ago. One also hears that the Islamic civilization was an exemplary one to the greatest extent, and that through its just divine laws Islam guarantees to solve the world’s problems, and if it is brought back to governance the world will become Paradise and the people will live therein in utopia, comfort, happy, and bliss. So what is that system?

Is it possible for the Islamic system to come back to life during the space and nuclear age, and during the internet and communication revolution?

And how would Islam solve the problems if it took charge? These are pressing questions that are worth answering. The answers that we will give to such questions here may astonish the reader and he might think we are talking of some utopian city.

We are of course ready to eliminate his astonishment by presenting the Islamic the proofs and evidences for the answers given, and presenting clear examples of the history of the pure Islamic governance, which proves the ability of the Islamic system to come back to life, and take charge – with total competence and excellence – for it is the only system from amongst the systems of the world – whether in the old times, currently, or in the future – that is able, through its divine laws, to manage developed and progressive world with a management that will realise its hopes and wishes, solve its problems, eliminate its crises, eradicate what hardship it has, as well as diseases and ignorance, delivering it to the shore of safety and security, peace and tranquillity. This system contains all the bases for development and progress, and all that mankind needs in this respect; politics, economics, freedom and suchlike, outlining some of them as follows:187

Islam and Politics

Question: Is there politics in Islam?

187 For more details in this particular field, see from amongst the al-Fiqh Series, the books of “The Islamic Government”, (volumes 101-102), “Politics” (volumes 105-106), “Economics” (volumes 107-108), “Society” (vol. 109-110), “Management” (vol. 103-104), “Governance in Islam” (vol. 99), “Freedoms” (vol. 139), and also “The New Order for the World of Faith, Freedom, Welfare, and Peace”, “If Islam Were To Be Established”, “Islamic System of Government”, “The Means to Awaken the Muslims”, “The Dynamics of Change for the Salvation of the Muslims”, and suchlike by the late Ayatollah al-Udma Sayyid Muhammad Shirazi.

Answer: Yes, Islam has the best kind of politics, and the finest kind of management for the country and the people. Q. Is the Islamic system of government a republic or a monarchist system?

A. It is neither a republic nor a monarchist in the conventional sense, as found in the political dictionary of the western world today. It is a form of consultative system, and given the consensus nature of the system it would be correct to call it a republican, for the system of governance in Islam is neither monarchy nor hereditary.

Q. What are the qualities of the head of the Islamic government?

A. He is a Muslim believer who has thorough understanding and expertise in Islam. He is proficient about the worldly affairs and is empowered with the ability not to deviate from the standards of justice in all matters. So, whoever possesses these qualities and the majority of people accept him, he can be the head of the government. Whenever he looses any of these qualities he is removed from his position immediately. However, if the people would not agree with his leadership they have the right to change him and choose another individual who meets the criteria.

Q. Who chooses the Islamic head of government?

A. The majority of the people do, this is of course if he is not a ma‘s}oom who has been appointed by Almighty Allah such as the prophet or one of the ma‘s}oom Imams peace be upon them all.

Governance

Q. Are there elections, referendum, voting, parliament, and municipalities, and suchlike in the Islamic system? A. Yes, it has all of these – and that is with respect to our time, the time of occultation of Imam Mahdi, may Allah hasten his reappearance – but in the Islamic format. So for example, the national assembly or parliament is to apply and implement the general laws to whatever they are applicable but it is not for legislation and law-making [outside the framework of Islamic laws], since legislation and law-making is the right of Almighty Allah, firstly, and secondly because there is no deficiency in the laws of Islam nor is there any shortage that we need to legislate.

Islam has elucidated for us the law of everything, “even the compensation of a scratch”, as the hadith goes188, and in another hadith, “the h}ala>l of Muhammad is h}ala>l until the day of judgement, and his h}ara>m is h}ara>m until the day of judgement”189. Therefore, it is not permissible for anyone to prescribe anything as h}ala>l or h}ara>m, and the only right there is the freedom in implementation, for example Islam has decreed that trading is the right of the people to engage in, thus it is not permissible for the parliament to change or modify this right by making it exclusive or the right of the government only.

On the other hand, as Islam has not prescribed the flow of traffic to be on the right or left, therefore it is for the parliament to decide on which side it should be, for Islam has in general enjoined to order and prevention of disorder and anarchy, and thus to decide for the traffic to be on the right, say, is in accordance with the order which Islam has promoted and legislated, and the same goes with the rest of the issues.

Q: Why do we then see shortfalls and deficiencies, problems, and man-made legislation in Islamic countries? A: These countries are Islamic by name and slogan only and nothing more than that. Almighty Allah has said,

188 al-Ka>fi, vol. 1, p238. 189 al-Ka>fi, vol. 2, p17.

.And whoever turns away from My Message, verily for him is a life narrowed down and wretched and on the Day of Judgment We shall raise him blind..190

So he who begins to legislate and makes laws himself, and turns away from the laws of Allah, he shall narrow down and straiten his life and his sustenance – just as life is narrowed down and straitened for the Islamic countries today – and he shall have humiliation and hell fire in the hereafter.

Duties of the Islamic Government

Q. What are the duties and tasks of Islamic Government towards the nation?

A. Its duty is to uphold justice amongst the people, inside and outside the country, and to push life forward towards progress, the provision of sustenance and wealth, to educate and bring about awareness, and to protect their security and stability.

Q. What laws does the Islamic government adhere to? A. The laws that are derived from the Qur’an, the sunnah191, consensus, and reason.

Q. Who gives these laws the final shape for practical purposes?

A. The just fuqaha’ – i.e. the learned scholars of Islamic law and jurisprudence who do not deviate from the standards of justice – from amongst the maraje’ who are expert in both religious and current affairs, to whom the people refer in taqleed.

Q. Are political parties recognised in Islam? A. There is no objection to [political] parties that [operate] under the supervision of the scholar maraje’ if this is in aid of forming a 190 The Holy Qur’an, T{aha (20): 124.

191 Needless to say the sunnah is the hadith of the prophet and the narrations of his Ahl al-Bayt peace be upon them all, as mentioned at the outset of Part Two.

parliament that implements and enforces the laws. However, as for parties that aim to form a legislative parliament [passing manmade laws contrary to the Islamic law], then there is no room for them in Islam, for legislation is specific only to Almighty Allah.192

The Islamic Economy

Q. Is there a system of economy in Islam? A. Yes and it is the best system the world has ever known.

Q. Is the system of economy of Islam capitalist, socialist, communist or distributive?

A. It is none of the above in the conventional sense.

Q. What is then the Islamic economy? A. The Islamic economy respects private ownership and sanctions it provided that earnings are not obtained through unlawful means and that all income liabilities are paid.

Q. What are the government’s sources of income? A. They are the obligatory duties that Islam has sanctioned. Q. What are the obligatory duties?

A. There are four: Khums, Zakah, Khiraj, and Jizyah.

Sources of income in Islam

Q. Can you explain these duties that are the sources of income in Islam as you have mentioned?

A.

Khums The Khums is the 20% rate the just ruler levies on all 192 In Islam a parliament may address new issues and developments and devise rules and regulations that are based on Islamic principles, and provided that they do not breach the framework of Islamic law. There are texts and principles in Islam that form the basis of those new rules. There is also no objection to the political parties that strive for the reconstruction and development of the country, if there is no deviation from the shari’ah.

permissible profits, minerals, found treasures, pearls and other artefacts from the sea, the earnings that are mixed with doubtful ones, the spoils of the battlefield and some categories of land.

Zakah Zakah is the sum the just ruler takes with rates ranging from 1% to 2.5% levied on sheep, cows, camels, gold, silver, raisins, date, barley, and wheat when each one of these items are over certain threshold, as detailed in fiqh texts.

Khiraj Khiraj is the sum the just ruler acquires from farmers [working on] conquered land.

Jizyah Jizyah is the sum the just ruler obtains from non- Muslims [the Jews, Christians, Zoroastrians and other non-believers] living in the Islamic State for their dhimmi193 status and the protection they attain. Q. Is there a banking system in Islam?

A. Yes but without usury – for usury in Islam constitutes a declaration of war against Allah and His Messenger – and provided that all the banking laws comply with the laws of Islam. The expenses of its employees are met from various incomes of the bank and if they were insufficient then Bayt-ul-Ma>l (the Treasury) would pay.194

Q. Would the Islamic government take other monies from the people, like the various categories of taxes there are today?

A. No. The Islamic government has – absolutely – no right to collect any taxes other than the four mentioned. In the hadith we have, “he who takes money from another without his consent, on the day of Judgement the Almighty Allah will take, for every dirham, seven hundred prayers from amongst his accepted s}ala>h and gives them to the owner of the money”.

193 dhimmi means ‘being the responsibility of’ the Islamic State. 194 This is of course after careful study of the bank’s management is conducted.

Bayt-ul-Mal of the Muslims

Q. What would the Islamic government do with the money it receives from the public?

A. In the structure of the Islamic government there is the department called the Bayt-ul-Mal (which is the equivalent of the Treasury Department) where all the collected funds are managed, and it is formed to meet the needs of the Muslims. The government uses the Bayt-ul-Mal to pay for the expenses of all the construction, development, reforms, projects, etc. in the country. It also uses the Bayt-ul-Mal to help the needy run their affairs so that there no destitute left in the society, like helping people to get married, start a business, buy a house, treat an illness, travelling for necessity or if one is left without money while on a journey, or for education that needs money, and suchlike, if he could prove - in a simple way, like providing evidence or witness, or even swearing on oath - his needs, then the treasury would provide him assistance according to his need and status. In this way there will be absolutely no destitute left without help under the Islamic system of government.

Q. Will those four categories of taxes be enough for all such expenses?

A. Yes, they will be enough in addition to the government’s other income from its tenements and possessions known as al-Anfa > l195

195 al-Anfal, literally meaning “the extras”, refers to any gains obtained by the prophet without any contribution from the Muslims, or given to him [as gift], as well as ‘estates’ or natural lands and resources such as the mountain peaks and valley beds. They belong to Allah and the prophet, and the 12 appointed imams after him. The Prophet – and the imams – deal with these as appropriate, for the benefits of the Muslims. Al-Tahdheeb, by Sheikh al-T{ousi, vol. 4, p 132. The holy Qur’an, al-Anfa>l (8): 1.

or ‘Estates’, and the hadith states, “if they [the Anfa>l] were not enough then Almighty Allah would increase their amount”.196 Minimisation in departments and civil servants Q. How will the said sources of income be enough, given their relatively small amount, when we see the massive taxes today are still not enough to meet the needs?

A. They will be enough given the government’s low overheads and trustworthiness of those in charge, and relegating the tasks and affairs to the people. For example the number of government employees in the Islamic government is very small, as there is no need for many of the government departments [and their associated army of civil servants] in the Islamic government.

Under an Islamic system of government, the public will undertake many of the tasks executed by today’s governments, and what remains in responsibility of the government will be minimal and this will be discharge of in the shortest time and in the simplest way. Needless to say, when the number of civil servants is reduced to a minimum, bureaucracy is eradicated, the affairs of the people are left to the people, and those in charge are trustworthy, then expenses will be reduced and more money will available.197

Q. Is there any pension scheme in Islam?

196 Provided of course there is no injustice to the right of others, as well as the future generations.

197 It was reported in the mass media that one of the prominent western countries suffered from huge budget deficit of millions of dollars, but it managed to reverse the tide through reducing the number of its civil servants in a few of years. In the process it managed to have a budget surplus of millions of dollars; using it for the interest of its people and its economy. Needless to say, minimal number of civil servants is what Islam has instructed to and Allah has enjoined upon the Islamic government, but it is rather unfortunate that the Muslims abandon the teachings of their Islam while the non-Muslims uphold them, thus benefiting from them and achieving progress, prosperity, and leadership, and instead we go backwards and attain humiliation.

A. If one is needy and not able to earn he receives help for what he needs, not a fixed amount, as it is the norm in governments today.

Social Security in Islam

Q: Is there social security in Islam?

A: Yes, the best kind of social security and its most supreme.

Q: Can you outline some aspects of the social security in Islam?

A: Social security in Islam is in the best form there is, and since Islam’s stance is humanitarian, this security is in harmony with the human nature in its most graceful sense. Indeed history does not record prior to Islam, nor do the civilisations that came after Islam until today a social security system as thorough as the social security in Islam.

Examples of the Islamic Social Security

The social security in Islam declares the following:

  1. Whoever dies and leaves debts behind, or if he leave a family behind with no one taking care of them, it is the responsibility of the leader of the Muslims to pay his debt, just as it is his responsibility to take care of his family,199

  2. Whoever dies and leaves wealth behind, all of the wealth goes to his heirs,200

198 This section of “Social Security in Islam” is taken from the book “Politics from Islamic Standpoint” by Ayatollah Udma> Sayyid S{a>diq Shirazi, which was first published in 1970.

199 This is on the basis of the Prophet Muhammad’s teaching who said, “Whoever dies and leaves debts behind, or if he leaves a family behind [who cannot fend for themselves, then they should come to me and this is my responsibility”. 200 This is based on a prophetic hadith that states the above.

  1. This is in addition to the monetary services that are provided – from Bayt al-Ma>l – to all members of the community to meet their basic needs and facilitate a happy life for them.

Now, with all that, is there a social security like the one in Islam in the most civilised states? Certainly not. Rather, the ja>hili systems before Islam, and also the modern civilised systems today impose heavy taxes on inheritance, just as they do not pay the debt of anyone, nor take care of his family. As an example the following are mentioned.

Example One

In Islamic texts there are great amount that emphasises on the aforementioned system of Islamic social security, and if this points to anything it points to the extent of Islam’s care and concern on emphasising on this great social and humanitarian issue. This matter is repeatedly narrated from the prophet of Islam and imams of the purified progeny, peace be upon them.

It is reported from Imam Ja’far ibn Muhammad al-S{a>diq – the sixth imam of the Ahl al-Bayt, the purified progeny – that Allah’s messenger said, “I have more authority over every believer than he has over himself201, and Ali has more authority over him after me.” It was said to him, “What does that mean?” the imam said, “in relation to the speech of the prophet who said, “he who [dies and] leaves behind a debt, or a family, then it is my responsibility, and he who leaves behind inheritance then it is his heirs””.202

Example Two

Ali ibn Ibrahim in his tafseer, or commentary on the Qur’an, reports, through his chain of narrators, from Allah’s messenger 201 This is in reference to declaration by the Almighty who states .The Prophet has more authority over the believers than they have over themselves.. The holy Qur’an (33): 6.

202 Al-Ka>fi, vol.1, p406, Wasa>’el al-Shi‘ah, vol.18, p337, Mostadrak al-Wasa>’el, vol.13, p400, etc.

who used to say, “A debtor would not go with his debt to one of the Muslim governors, explaining to the governor his difficulty [in repaying his debt], except that the debtor will be released from the burden of his debt, and his debt will be that of the governor of the Muslims in whose hands are the funds of the Muslims”203.

After narrating this hadith from Allah’s messenger, Imam Sadiq said, “And the reason for the majority of the Jews converting to Islam was none other than this speech of Allah’s messenger, for they felt secure about their selves and their families”.204

Example Three

Shaykh al-Mofid narrated in his lectures from Imam S{a>diq peace be upon him who used to say, “The Prophet ascended the pulpit, and the colour of his cheeks changed, then he turned to the people and said, “O gathering of the Muslims! Indeed [the time] I was sent and [that of] the Hour are like these two205 . . . until he said, O people! Whoever leaves wealth behind, it is for his family and for his heirs, and he who leaves a progeny or a family [who cannot fend for themselves], then it is my responsibility, and [they should come] to me””.206

He also narrated from Imam S{a>diq peace be upon him who said, “he who demanded money from a man who had borrowed it [from him], who had not used it in extravagance, or in sinning, and it has become difficult for him to pay it back, the claimant of the money should give him the chance until Allah provides him with the money so that he could repay it, and if there were a just governing imam (i.e. leader), then it is imperative for him to pay the debt of the debtor, on the basis of the speech of Allah’s messenger; “he 203 Mostadrak al-Wasa>’el, vol.13, p400, and Tafseer al-Qummi, vol.1, p94 204 Al-Ka>fi, vol.1, p406.

205 . . . pointing his middle and forefinger, i.e. just as the lengths of the two fingers are close, the times of the mission of the prophet and the day of resurrection are relatively close. 206 Mostadrak al-Wasa’el, vol.13, p399

who leaves a wealth behind it is for his heirs, and he who leaves debt or a progeny behind, then it is my responsibility and [they should come] to me”, and it is the responsibility of the imam (i.e. the leader) whatever the Prophet, peace be upon him and his purified progeny, had guaranteed”.207

Example Four

By virtue of its system in the Bayt al-Ma>l of the Muslims, and the Islamic social security, Islam made out of the Islamic State, which was of distant horizons, and expansive lands - covering over threequarters of the planet – and of great populous, a rich nation where poverty was made history.

Shaykh H{urr al-‘Ameli reports in his famous book Wasa’el al- Shi‘ah the following incident:

Amir al-Mo’mineen Imam Ali peace be upon him was walking in the streets of Kufah – his capital city – when he noticed a man begging the people. He was greatly shocked to see that and he turned to those around him and said “What is this?!” They replied, “He is an old Christian man, he is unable to work, he does not have the money to make ends meet, and so he is begging”.

Imam Ali angrily said, “You used him in his youth until he grew old, and now that he is old you have abandoned him?!” So Imam Ali ordered that a wage be assigned from the Bayt al- Ma>l of the Muslims for that Christian man to live on so long as he alive.208

This case indicates that poverty has no place in the Islamic State, such that if Amir al-Mo’mineen Imam Ali see one destitute is shocked, and he considers this phenomenon as unnatural, which 207 Mostadrak al-Wasa>’el, vol.13, p400 208 Wasa’el al-Shi‘ah, vol.15, p66

has no harmony with the Muslim society and the Islamic system, and then he orders for a salary to be assigned for him to live in comfort, even though he is Christian and does not practice Islam, so that in the Islamic State there is not even one case of poverty and destitution, and so that the world, including the Muslims, realise that the Islamic government eradicates poverty, and improves the state of the poor – not for the Muslims only, but it eliminates poverty even for the non-Muslims so long as they are under the care of the Islamic government.

Example Five

Shaykh al-Kulayni narrates that “When Imam Ali defeated T{alh}ah and Zubair – in the battle of Camel and his battle with the Na>ketheen (The Renegades) – the defeated soldiers fled the scene in various directions and they passed by a pregnant woman, who was terrified by their presence, such she miscarried, and the foetus suffered distress and died shortly afterwards, and after a while the woman also died. Imam Ali and his companions passed by the road where the woman and her child laid dead, and he enquired about the matter. They said that she was pregnant and she was terrified and distressed when she saw the fleeing [of the soldiers]. He asked who died first. He was told that the child died before the mother.

So Imam Ali called for her husband, the father of the dead child. He gave him as the heir of his son one-third of the blood money, and he also gave his mother as the heir one-third of the blood money. Then he gave the husband as the heir of his wife half of the blood money that she gained from her son, and gave the rest to the relatives of the dead woman. Then he gave the husband from his dead wife’s blood money one-half, which is 2,500 dirham, and he gave the other half to the relatives of the dead woman, for she had no other offspring other than the one she miscarried when she was distressed. Imam Ali gave all that from the Treasury (Bayt al- Ma>l) of the city of Bas}rah.209

This is how Islam made the Bayt al-Mal of the Muslims for the benefit of the Muslims and to meet their needs, and give their rights, for – as given in the honourable hadith – “the right of a Muslim person is not wasted” and “the blood of a Muslim person does not go in vain”210, and in this way it facilitates welfare and happiness for the nation under its just social security.