Shari'ah is an Arabic word meaning the Path to be followed. Literally it means 'the way to a watering place.' It is the path not only leading to Allah, the Most High, but the path believed by all Muslims to be the path shown by Allah, the Creator Himself through His Messenger, Prophet Muhammad (P.B.U.H.). In Islam, Allah alone is the sovereign and it is He who has the right to ordain a path for the guidance of mankind.1 Thus it is only Shari'ah that liberates man from servitude to other than Allah. This is the only reason why Muslims are obliged to strive for the implementation of that path, and that of no other path.
"We made for you a law. so follow it. and not the fancies of those who have no knowledge."1
The absolute knowledge which is required to lay down a path for human life is not possessed by any group of people. In the words of 'Sa'yyid Qutb, "they are equipped with nothing but fancies and ignorance when they undertake the task which is no concern of theirs and does not properly belong to them. Their claim to one of the properties of divinity is a great sin. and a great evil.'
The Injunctions on Justice in the Divine Revelations
There are a number of Qur'anic injunctions commanding Muslims to do justice. Right from the beginning, Allah sent with His Apostles three gifts which aim at rendering just ice and guiding the entire human society 10 the path of peace. In Surah al-Hadid, the Qur'an says:
"We sent aforetime our Apostles with Clear Signs and sent down with them The Book and the Balance (of Right and Wrong), that men May stand forth injustice."*
Three things are mentioned as gifts of Allah. They arc the Book, the Balance, and Iron, which stand as emblems-of-three things-which hold society together, viz - Revelation, which commands Good and forbids Evil; Justice, which gives to each person his due; and the strong arm of the Law, which maintains sanctions for evil-doers.
Justice is a command of Allah, and whosoever violates it faces grievous punishment:
"Allah command justice, the doing of good, and charity to Kith and Kin, and He forbids all shameful deeds, and injustice and rebellion: He instructs you, that ye may receive admonition."1
Justice is a comprehensive term, and may include all the virtues of good behaviour. But the religion of Islam asks for something warmer and more human, the doing of good deeds even where perhaps they are not strictly demanded by justice, such as returning good for ill, or obliging those who in worldly language "have no claim" on you; and of course the fulfilling of the claims of those whose claims arc recognised in social life. Similarly the opposites are to be avoided: everything that is recognised as shameful, and everything that is really unjust, and any inward rebellion against Allah's Law or our own conscience in its most sensitive form.
The Prophet of Allah is asked to tell to people to do justice as the Creator, the Nourisher and the Cherisher of all has commanded it:
"Say: My Lord has commanded justice."* The command is repeated in Surah al-Nisa:
"Allah commanded you to tender back your trusts to those to whom they are due. And when you judge between man and man, that you judge with justice."'
The Prophet is asked to administer justice according to the Kitab-Allah (Book of Allah):
" We have sent down to thee the Book in truth. That you might judge between men, as guided By Allah: so be not (used) as an advocate by those who betray their trust."1
The Commentators explain this passage with reference to the case of Ta'imah ibn Ubairaq, who was nominally a Muslim, but in reality was a hypocrite, and given to all sorts of wicked deeds. He was suspected of having stolen a set of armour, and when the trail was hot, he planted the stolen property into the house of a Jew, where it was found. The Jew denied the charge and accused Ta'imah, but the sympathies of the Muslim community were with Ta'imah on account of his nominal profession of Islam. The case was brought to the Apostle, who acquitted the Jew according to the strict principle of justice, as "guided by Allah"' Attempts were made to prejudice him and deceive him into using hit' authority to favour Ta'imah.
The general lesson is that the righteous man is faced with all sorts of subtle wiles: the wicked will try to appeal to his highest sympathies any most honourable motives to deceive him and use him as an instrument for defeating justice. He should be careful and cautious, and seek the help of Allah for protection against deception and for firmness in dealing the strictest justice without fear or favour. To do otherwise is to betray a sacred trust: the trustee must defeat all attempts made to mislead him.
Justice must be done equally to all and sundry, even if it is to be done against one's self, or one's parent or relatives. There must be no difference between rich and poor. All are servants of Allah, and must be judged according to the Book of Allah:
"O ye who believe: Stand out firmly for justice, as witnesses to GOD, even as against Yourselves, or your parents, or your Kin, and whether it be (against) rich or poor. For Godcan best protect both. Follow not the lusts (Of your hearts), lest ye swerve, and if you distort (justice) or decline to do justice. Verily Allah is well-acquainted with all that you do."*
Justice is Allah's attribute, and to stand firm for justice is to be a witness to Allah, even it is detrimental to our own interests, as we conceive them, or the interests of those who are near and dear to us. According to the Latin saying, "Let justice be done though heaven should fall".
But Islamic justice is something higher than the formal justice of Roman Law or any other human Law. It is even more penetrative that the subtler justice in the speculations of the Greek philosophers. It searches out the innermost motives, because we are to act as in the presence of Allah, to whom all things, acts, and motives are known.
Some people may be inclined to favour the rich, because they expect something from them. Some people may be inclined to favour the poor because they are generally helpless. Partiality in either case is wrong. We are asked to be just, without fear or favour. Both the rich and the poor are under Allah's protection as far as their legitimate interests are concerned, but they cannot expect to be favoured at the expense of others. Allah can protect their interests of all, far better than any man.
In the Shari'ah, therefore, there is an explicit emphasis on the fact that Allah is the Lawgiver and the whole Ummah, the nation of Islam, is merely His trustee. It is because of this principle that the Ummah enjoys a derivative rule-making power and not an absolute law-creating prerogative. The Islamic State, like the whole of what one might call Islamic political psychology, views the Dar al-Islam (Abode of Islam) as one vast homogeneous commonwealth of people who have a common goal and a common destiny and who are guided by a common ideology in all matters both spiritual and temporal. The entire Muslim Ummah lives under the Shar?ah to which every member has to submit, with sovereignty belong to Allah alone.10
Every Muslim who is capable and qualified to give a sound opinion on matters of Shari'ah, is entitled to interpret the law of Allah when such interpretation becomes necessary. In this sense Islamic policy is a democracy. But where an explicit command of Allah or his Prophet already exists, no Muslim leader or legislature, or any religious scholar can form an independent judgement; not even all the Muslims of the world put together have any right to make the least alteration in it."
The executive function, therefore, under the Shari'ah vest solely in the lust ruler or a group of such people who appoints his delegates and is "responsible only to the Shari'ah as represented by the Council of Jurists dispenses justice among His subjects, so a judge should judge without any distinction whatsoever. The Prophet said: "The previous nations were destroyed, because they let off persons of high rank and punished the poor and the helpless". In the Shari'ah, a judge is a judge for every matter - civil, criminal and military. There is no separate Judiciary for separate civil, criminal and military departments.
The basic principles of Shan'ah. therefore, can be summed up as
follows:. . -
(a)The larger interest of society takes precedence over the interest of the individual.
(b)Although "relieving hardship' and 'promoting benefit' are both among the prime objectives of the Shan'ah the former takes precedence over the latter. •
(c)A bigger loss cannot be inflicted to relieve a smaller loss or a bigger benefit cannot be sacrificed for a smaller one. Conversely, a smaller harm can be inflicted to avoid a bigger harm or a smaller benefit can be sacrified for a larger benefit.
Al-Qadi (The Judge) and His Responsibilities Under Shari'ah
Qualification of a Qadi:
As we have seen, Islam has given a great importance to Justice which
must be done at all cost. Those who perform the function of the Qadis
(judges) or Qadial-Qudat (Chief Justice) must be not only men of deep
insight, profound knowledge of the Shari'ah, but they must also be
Allah-fearing, forth right, honest, sincere men of integrity. The Holy
Prophet (SAW.) has said:*
The Messenger of Allah said: "The Qadi are of three types. One type will go to paradise and the remaining two will end up in the fire of hell. The person who will got to paradise is one who understood the truth and judged accordingly. One who judged unjustly after understanding the truth, they will go to hell. Likewise. Qadi who judged in ignorance also will go to the hell.
The above Hadith shows how delicate and responsible job of Qadi is in Islam. His knowledge of Qur'an and Shari'ah must be very deep and that he judges justly. Otherwise, it can really ruin a man's spiritual future in the next world. The life in this world is only for a limited period while the life in the next world is for ever. Then why should one really undertake to be a judge when he does not have the required qualifications and character to be a judge? In another Hadith, one who is given this responsibility to be a Qadi as if he is slaughtered without a knife.
It is reported by Abu Hurairah that the Messenger of Allah said: "One who is made a Qadi to administer justice among people as if he is slaughtered without a knife".
Naturally, a man who is appointed as a Qadi or a judge does not have an easy job to perform. If he becomes slightly irresponsible and unjust, he will be caught on the Day of Judgement. On the other hand, when he is just and administers justice according to the Book of Allah and the Sunnah of the Prophet (S.A.w.)vhe is taken as an enemy of highly influential people in the society. The responsibility of a Qadi is like a double-edged sword, and one has to be extraordinarily careful in fulfilling it. The following is the guidance from the Sunnah of the Prophet which every judge must follow in their task of administering justice:
(1)Equality of All Litigants: A Muslim judge must treat all his
litigants equal whether he is a king or his page, a master or his servant, a
rich man or a poor man, a relative or a stranger and a friend or a foe;
It is reported_by Ubadah bin al-Samit that the Messenger of Allah (S.A.W.) said: "Let the hudud of Allah be applied equally on your relatives and the total strangers. You should not care a bit for the reproachmcnt of any critic whatsoever."
The Prophet (S.A.w.) has also said:
It is, reported by 'Aishah that the. Messenger of Allah said: "Forgive, the shortcomings of highly respected people but certainly do not forgive them in awarding the hadd punishment to them."26
(2)The Defendant and Appeallant must appear before the Qadi: Even
though one is a highly placed person or a king or an emperor or an
administrator of a country, he must not be exempted from appearing
before the judge to answer the charges levelled against him:
It is reported by "Abdullah bin Zubair that the Messenger of Allah said: "Both the parties in a dispute must be brought before the judge.""
(3)The Defendant should be given right to take an oath: Human being,
being what he is, will keep on grumbling and blaming others for his own
faults or in order to hide his faults and escape punishments. If every one'* claim is taken seriously, there would appear so many claimants of people's life and property. The remedy is suggested by the Holy Prophet as follows:
It is reported by Abdallah bin'Abbas that the Messenger of Allah (S.A. W.) said: "If people were to be judged merely on account of their claims, there would appear claimants of the life and property of everyone (so that there would remain none whose life and property can remain safe ) So. the defendant must be given right to take an oath (concerning the charge levelled against him).""
The above guidance of the Prophet will provide the defendants with an opportunity to get acquitted of the calumny put against them. (4) The judge must be careful in awarding Hadd punishment: Hadd punishment is meant to be a deterrent so that people may not become complacent and commit crimes simply because they find punishment to be just nominal. But while awarding Hadd punishment, the Judge must make sure that the crime is definitely committed. If there is a slight doubt in establishing the crime, he should refrain from awarding hadd punishment. The Prophet has said:
It is reported by Aishah that the Messenger of Allah (S.A.W.) said: "As far as possible, refrain from awarding Hadd punishment to a Muslim. If there is found slight excuse (or doubt), leave him alone because it is belter for the judge to err in acquitting the accused rather than erring in awarding him punishment."'*
From the above Hadith, it is also clear that in order to find out the crime committed by the accused, the judge must endeavour to the best of his ability. To keep an accused in unlawful custody without due process of Law is also against the spirit of Justice.
Should We Shun Our Responsibility In Accepting the Position of a Judge?
Although the responsibility of a Qadi or a Judge are very great, it is essential that the learned jurists must accept the position of a Judge in order to administer justice and save humanity from chaos, anarchy and 'aw of the jungle. The Messenger of Allah said to Amr bin al-'As:
"If the Judges exercise Ijtihad. and arrives at the correct decision he b doubly rewarded, and if he arrives at a wrong decision, he is still rewarded singly provided be exercised Ijnhad"'0
The best instrument in the hands of a Qadi are the Book of Allah, the Sunnah of the Prophet, the decisions of the Sahabah. Tabi'in and Tabi Tabi'in and above all Taqwah (fear of Allah). With these, if he
adminsiters justice and makes a mistake. Allah will forgive him and reward him. Some people erroneously put forward the case of Imam Abu Hanifah who refused to accept the position of a Judge on account of his personal piety. But they forget that although Imam Abu Ham fan himself refused to be a judge, he did not stop his companion and disciple Abu Yusuf to render the same services to the Ummah. The Prophet once said:
“I am but a human, and I give judgement according to what I hear (from the panics), but should I decide in favour of a party because that party is better in tendering their own case, when in fact (he other party to the dispute is the one in the right then the party in whose favour judgement was erroneously rendered has reserved for himself a place in hell".
When this could happen to the rightly guided Messenger of Allah, what about any ordinary member of his ummah?
Caliph Umar's Guidance for Judges
The Judges were appointed for the administration of justice by the Prophet (S.a.w.) himself. He sent Mua'dh bin Jabal to Yemen as Judge. Likewise, he had entrusted Judicial task to Alf bin Abu" Talib and Ibn Yasar. The Rashidun Caliphs continued with the same practice and sent judges to different parts of the Muslim world. Sayyidna 'Umar appointed Abut Darda to help him as a Qadi in Medina. Shurayh was appointed as a judge in Basrah, and Abu Musa al-Ashari in Kufah in Iraq.
The memorable letter of Sayyidna Umar written to Abu Musa al-As'hari on the eve of his appointment as the Qadi outlines the functions and responsibilities of a Muslim Judge and is equally relevant even today. Among other things he said in the letter:
"Try to understand the depositions that are made before you because it will be useless lo consider a plea that is not valid. Consider all equal before you in the court and (consider them equal) in giving your attention to them so that the highly placed people may not expect you to be partial and the humble may no; despair of justice from you. The claimant must produce evidence. An oath must be taken from the defendant. It is permissible to have compromise among Muslims but not an agreement through which Haram (unlawful) would be turned to Halal (lawful)and vice versa.
If you have given a judgement yesterday and today- you may arrive to a correct opinion upon rethinking, you must not feel prevented from retracting from your first judgement, because justice is primeval, and it is better lo retract than to continue in error. Use your own individual judgement about matters that perplex and about which neither an answer is found in Ihe Qur'an and the Sunnah. Know the similitude and weigh ihe issues accordingly (here Abu Musa is asked to use individual judgement and arrive to a logical conclusion through the use of Qiyas and Ijtihad).1' If one brings a claim, which he may or may not be able to prove decide a time-limit (or him. If he produces evidence within the time-limit set (by you), you should allow his claim, otherwise you are at liberty to give judgement against him. This is the best way to forestall or clear any possible doubt. All Muslims are acceptable as witnesses against each other, except those who have received a punishment (earlier) provided by the Shari'ah, and those who are proved to have given false witness, and those who arc suspected partially on the ground of client status or relationship because Allah praised be His name, forgives one because of taking oaths and postpones punishment in the face of the evidence. Avoid weariness, fatigue and annoyance at the litigants. Allah will grant you a great reward and give good reputation for establishing justice in the courts of justice. Good bye."
Shura. The Mutual Consultation in Shariah
Since the Ummah has the first allegiance to be paid to Allah, all the affairs of Muslims should be guided by the Divine Book (Kitab-Allah). Human inspiration, intellect and judgement to run their affairs should be based on the authority of power and Wisdom of Allah. Unlike human power, this power is good and merciful. Unlike human wisdom, this wisdom is necessarily complete and indisputable.
Whatever Allah has given us is merely for the convenience of this life, but we should always be mindful of the fact that whatever is with Allah is better and more lasting.31 Therefore our efforts should be directed to make not only this life better but the life hereafter secure. Those who are believers should put their trust in God while executing all their affairs, should avoid greater crimes and shameful deeds and should forgive even they are angry." After making us aware of our responsibility, verses 42 of Surah al-Shura says:
"Those who answered the call of their Lord, and establish regular prayer, and whose affairs are a matter of counsel (i.e. they are conducted by mutual consultation), and who spend out of what we bestow on them for sustenance".
The Muslim Jurists have said that when mutual consultation was made necessary for the Prophet himself to follow, it really becomes incumbent upon his followers to resort to Shura in all our activities whether individual, social or politicial matters. The Messenger of Allah used to receive revelation from Allah, hence, seemingly he was nol in need of mutual consultation but still he was asked to do so through divine commandment. It is on this basisthat Ibn Taimiyyah has said that "The leader has no other option but to resort to Shura since Allah had commanded his Prophet to do so. All others, therefore, have a special need for mutual consultation. The Prophet has said in a hadith:
"If I were to make any one a caliph without consultation, I would have named Abdullah bin Mas'ud."Likewise, Caliph 'Umar has also said that caliphate can never function without mutual consultation".17
In the Battle of Uhud, the companions of the Prophet had recommended that it is better that they defend against the enemies coming from Mecca while keeping themselves in Medina. But Hamza the uncle of the Prophet and other young men were of the opinion that they should bravely go out of Medina and fight the incoming enemies. After viewing their opinions the Prophet resolved (Azm) to go out of Medina and fight. Later the elderly companions persuaded the young men to withdraw their suggestion. The young men went to the Prophet and with repentance withdrew their opinion but the Prophet said that now after weighing the view points in the consultation he had already resolved and it would be against the prophetic mission to go back on the final resolution.
The other fine example to show how the righteous caliphs depended on the mutual consultations of the public is that of caliph 'Umar who was of the opinion that after the conquest of Iraq and Syria the land should not be divided among the warriors as booty but should be made the property of the state so that through its produce and income the essential works of public welfare can be carried out. But some companions opposed the view of the caliph. When they could not find any solution through mutual consultation, the caliph called a public meeting in the prophetic mosque for general consultation and addressed the public in the following words:
"I have not just gathered you here and given you the trouble for nothing. The reason for inviting you is that you should also participate in the trust of the caliphate which has been trust upon me by you.Undoubtedly; I am an ordinary-human being like you. I want that those who have opposed my point of view and those who have favoured it should declare it openly. I do not wish that you should follow my point of view because you also possess the Book of Allah (from which you may derive guidance to resolve the issue)".
Mutual consultation is, therefore, one of the great qualities that the Faithful (Mu'min) has to cultivate in himself. It is ordained by Allah in Ayah 159 of Surah al-Imran:
"It is part of the Mercy of Allah that you do deal gently with them. were you severe or harsh hearted, they would have broken away from about you: So pass over their faults and ask for Allah's forgiveness for them, and consult them in affairs. Then when you have taken a decision, put your trust in Allah"
On this basis, consultation among Muslims is an important pillar of the beautiful and elaborate building of the Islamic way of life. To do any collective work without prior mutual consultation is not only a way of the ignorant but it also is clear defiance of the regulation laid down by Allah. The great importance give to the whole process of consultation is based upon three reasons:
Firstly, it is very unfair to decide alone a matter concerning two or more people. In collective matters nobody has a right to do according to one's sweet will. All the people concerned with the matter should be consulted, and if it is concerned with a very large number of persons then their representatives should be sounded for their considered opinion.
Secondly, if a man tries to act autocratically or arbitrarily, either he wants to usurp the right of others or he considers himself superior to others whom he holds in contempt. From moral point of view both these attitudes and bad and reprehensible. However, even a trace of these wrong attitudes cannot be found in the Faithful (Mu'min), who is neither selfish so as to lake unfair advantage of others, nor is proud and self-conceited so as to believe himself a paragon of intelligence and knowledge.
Thirdly, it is a concern of great responsibility to take decisions on matter relating to the rights and interests of others. Anyone, who is conscious of Allah and His inevitable judgement, cannot dare to bear the burden of such responsibility all alone. Such reckless acts are done by only those people who are devoid of fear of Allah and are without care of the hereafter. Allah-fearing person with conscious awareness on the Day of Judgement will necessarily try to consult all the people oi their trusted representatives to nee red with a collective matter in coming to a decision and line of action so that a just and impartial decision is made and if ever a mistake is made the burden of responsibility does not fall on one person alone. These are the three reasons about which if one ponders, one can well understand why mutual consultation is a necessary requirement of the type of morality taught by Islam to man, and why violation of it is such a moral and unethical act that Islam can never allow it. Islamic way of life requires that the principle of consultation should be applicable to every small or big collective affair. In the affairs of the household husband and wife should consult each other before doing anything, and hen the children attain the age of puberty their opinion should also be taken into account. It the affairs of the whole family are being dealt with, then counsel should be taken with every sane adult member of the family.
If the affairs are of relatives, a clan, a tribe, a whole village, or an entire town or city and it is not possible to take counsel with everybody, then the decisions should be taken by an assembly of trusted representatives of the people, who are selected or elected according to an agreed method and set procedure. If the affairs belong to a whole nation then the national head should be appointed after knowing the opinion of all. The head in turn should run the affairs of the country with the help of such counsellors who command the confidence of the nation. Such a leader should remain at the help of the affairs of the nation until the time set by the nation and no longer' No honest person can ever desire to try to become the head of a nation or to continue to be the head by coercion or forceful means, nor can he use deceitful ways and means in order to appoint himself as the principal authority of the nation by using force and then demanding approval from the people by means of a coerced obedience, nor can he use crafty tactics, so that the people instead of choosing, of their own free will, persons of their liking should select those who would vote and wait for him and support his wrong policies. Such desires and actions are only present in a person whose intentions are bad and corrupt.
To present a false appearance of "and whose affairs are a matter of counsel", and to make its basic requirements practically ineffective can only be the motives of a person who is unscrupulous enough to try to deceive Allah and the general public despite the fact that neither Allah can be misled nor the public can be so blind that a person openly commits an act of daylight banditry and he continues to believe sincerely that he is not committing robbery with violence but is serving the public. The rule of "and whose affairs are a matter of counsel" by its very nature demands five things for its fulfilment.
First, 'those-people, whose rights and interests are involved, should have full freedom of expression and should be kept informed about how their affairs are being run. They should have also the full right to protest if they see any deficiency, negligence or error in the proper discharge of the duties of leadership pertaining to their affairs. Still if they find no improvement in the performance of such duties they should be able to change their leaders appropriately. To order the collective affairs of the people after stifling their voice, fettering their hands and feet and keeping them in the dark is a clear-cut dishonesty and nobody can agreed that it is an implementation of "and whose affairs are a matter of counsel".
Secondly, the person for shouldering the responsibility of managing the collective affairs should be appointed with the express approval of the people. This approval should be freely given without let or hindrance. It should not be obtained with coercion, intimidation, bribery, temptation, intrigue, deceit or trickery. The real and rightful leader of a nation is not the one who imposes himself upon it by every possible artifice, but who is chosen by the people of their free will."
Thirdly, the advisers of the head of the nation should also have full confidence of the people and should prove worthy of it. It is very obvious that the people cannot trust men who gain representative places through pressure, monetary temptation, falsehood and skill in trickery.
Fourthly, the people who give their counsel or considered opinion should do so according to their knowledge and consicence in full freedom. If it is not so and the counsellors give their opinion under duress of their knowledge and conscientious beliefs, then this is manifest dishonesty and treachery and not any compliance with "and whose affairs are a matter of counsel".
Fifthly, the collective advice or decision arrived at by the principle of unanimity or majority should be accepted without reservation, because if one clique is free to follow its whims in spite of listening to the consultative assembly then the process of consultation becomes meaningless and null and void. Allah ordains that their affairs are run by mutual consultation, but does not say that they are consulted in their affairs. Thus this commandment is not to put into practice by merely consulting one another but it is very essential that the actual affairs be conducted according to the decisions reached unanimously or by the majority at the end of the process of consultation.
With the above explanation of the Islamic principle of consultation (shura) this basic fact should also be kept in full view that 'shura' is not the last word, nor the absolute authority in running the affairs of Muslims, but it is definitely limited within the confines of "Al-Din" of Islam, the code of life of Islam which has been decreed and codified by Allah himself. It is dependent upon the fundamental principle that in whatever matter there is difference of opinion between the Muslims they should refer to His Book, the Holy Qur'an, and the Sunnah of the Holy Prophet. According to this basic principle Muslims can consult each other about matters in the Shari'ah regarding the correct meaning of a particular clause and correct observance of it in order to fulfil its Purposes; but they cannot confer together with the purpose of replacing or altering in any manner the ruling or decision of Allah and His Prophet by their own conclusions. This is a vast topic, but albeit, the outlines have been sketched.
Notes 1. Sayyid Quib. Hadha al-Din (This Religion of Islam), U.S.A., l.l.F. S.O. Publication, undated, p. 19. 2. Quran.ch. 65:18 3. Sayyid Quib. op. cit. p. 22. 4. Qur'an. ch. 57:25. 5. Qur'an. ch. 16:90. 6. Qur'an. ch. 7:29. 7. Qur'an, ch. 4:58. 8. Qur'an, ch. 4:105. 9. Qur'an, ch. 4:135. 10. Kumo Sulaiman, The Rule of Law and Independence of Judiciary under the Shari'ah. C.I.L.S. Publication. Zaria. 11. Maududi.l A.A.. Political Theory of Islam. a chapter in Islam • lis Meaning and Message, edited by Khurshtd Ahmad. London, 1976. p. 161. 12. Cf. Pick thai, Marmaduke Muhammad. Cultural Sides of Islam, Lahore. 1976. p. 181. 13. Ibid.p. 181. 14. Hamtdullah. Muhammad. Muslim Conduct of State, op. cit.. p. 6. 15. Coulson, N.J.. A History of Islamic Law. Edinburgh, p. 8. 16. Maududi. Toward Understanding Islam* l.l.F. Publication. 1970. p. 143. 17. Coulson. NJ.. A History of Islamic Law. op. cit., p. 83. 18. Suyuti. Jalal al-Din. Al-ltqan ft ulum al-Qur'an..
19. Abdal-Wahhab Ibn Khallaf has tried lo classify these verses in following order: 70 verses on family law, 70 verses on civil law. 30 verses on penal law. 13 verses on jurisdiction and procedures. 10 verses on constiiutional law. 25 verses on international law, 20 verses on economic and financial order and 50 verses on sources of law in general. Cf. Usui al-Fiqh. Cairo, 1956. pp. 34-35. 20. Related by Al-Bukhari and Muslim. 21. Mishkat al-Masabih. 26:55. 22. Qur'an, ch. 24:2. 23. Mishkat al-Masabih. 26:61. 24. Abu Daud and Ibn Majah. 25. Ibn Majah and MishkSt - Kilab al Hudud. 26. Abu Daud. See Mishkat. Bab al-Hudud. 27. Ahn&d a»id Abu Daud. Also xc Mishkat, Bab al-Aqdi/aa.- 28. Muslim. Also see Mishkat. Bab al-Aqidiyah.
29. 1 irrnia. also see Miskhat. Kitab al-Hudud. 30. &a