The
Qur’aan itself announces that it was revealed to reform
human conditions. Islaam did not erase all pre-Islamic customs
and practices. Instead, it removed every facet of corruption
and cancelled all customs which were harmful to the
society.
Consequently, Islamic legislation forbade interest because it takes unfair advantage of the less fortunate members of society; fornication was forbidden due to its exploitation of women and the destruction of family bonds; and alcohol was prohibited because of the physical,psychological and spiritual damage which it inflicts on both the individual and society as a whole. Trade practices were reformed by making the basis of trade mutual consent, and by disallowing all deceptive business transactions.
Consequently, Islamic legislation forbade interest because it takes unfair advantage of the less fortunate members of society; fornication was forbidden due to its exploitation of women and the destruction of family bonds; and alcohol was prohibited because of the physical,psychological and spiritual damage which it inflicts on both the individual and society as a whole. Trade practices were reformed by making the basis of trade mutual consent, and by disallowing all deceptive business transactions.
The existing system of
marriage was organized by confirming certain forms and
prohibiting others which were, in fact, fornication of something
close to it. The basis of divorce was also recognized,
but its pronouncements were limited.
Because
Islaam did not come to destroy human civilization,
morals and customs, in order to build on it a new civilization
with new morals and customs, it looked at everything
from the perspective of human welfare; what was harmful
was removed and what was beneficial was confirmed.
Allaah
says in the Qur’aan: “It
commands them to do righteousness and
prohibits
them from evil, and it makes allowable
to them the good things and makes and makes
forbidden to them all filth.”
Soorah al-A ‘raaf (7): 157.
Islaam is
fundamentally system of building and not one of destruction
as its goal is reformation and not merely control and
government. It should be noted, however, that Islaam’s confirmation
of some Arab customs does not mean that it has taken its
laws and principles from other sources, nor does it
mean that
those practices which it confirmed are not a part of divine
law. Whatever Islaam confirmed is considered an integral
part of the divine code for the following reasons:
a) Some
of the practices were inherited from earlier generations
to which prophets had been sent. A good example
of this is Hajj which was instituted by prophet Abraham
and Ishmael.
b)
Islamic principles do not contradict human reason nor are they
unintelligible. Instead they free the human intellect from
irrationality. Consequently, they recognize the useful results
of human intellectual activity.
c) If the
confirmed practices were not present, Islaam would have
instituted them due to the existing human need forthem.
Nevertheless,
the number of confirmed practices were, in fact,
quite few in proportion to the many which were cancelled.
And, further-more, even the title that was confirmed was not
kept in its existing form. Only its foundation remained untouched. al-Madkhal, pp. 57-9.
The Basis of Legislation in the Qur’aan includes :--
The Basis of Legislation in the Qur’aan includes :--
1. The Removal of Difficulty
2. The Reduction of Religious Obligations
3. The Realization of Public Welfare
4. The Realization of Universal Justice
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