Crimes and Sins
Islam and Islamic Laws
This is tragedy from the day one that misperception is more operative and effective than perception.
The Holy Qur'an and Holy Sunnah is the source of Islamic Laws, aka Shari'a, whose revelation and commandment having been ordained directly by the Creator and to be elaborated explicitly Islam and Islamic Laws were demonstrated practically through His exalted Prophet Mohammad (SAW), so as to be followed fully and accordingly.
Now there are certain Commandments, which are mandatory in nature (viz. obligatory), meaning thereby that violation thereof shall entails punishment having been prescribed therefor, provided the violation is proved in competent courts functioning under and subject to Islamic Laws.
Other are Commandments which are directory or optional in nature, meaning thereby if complied with Allah Almighty has promised of blessing in this life as well as hereafter.
For instance, if one denies to pay Zakat having been prescribed in Islamic Laws the violators would be impeached accordingly, but if one waives to give additional charity, it is non-cognizable for the state to award any punishment, nor any punishment having been provided therefor. So on and so forth.
Similarly, if one waives to perform obligatory prayers (farz salat), he can be advised and persuaded, but again no punishment has been prescribed to be awarded by the state to those who are waiving to perform optional prayers (nawafil).
I mean to submit that there has been a clear cut line having been drawn between crimes and sins.
In other wards some violations have been ordained as (i) cognizable meaning thereby, state machinery shall come in motion to prosecute for the violation and (ii) non-cognizable, meaning thereby, state has been vested with no authority to prosecute or punish.
And this is the crucial point to understand the difference between Islam and Islamic Laws. Of course every Muslim as such is bound to enter in Islam in entirety and comply with each and every part of Islam, but the fact has been that apart from Prophets PBUT assigned by Allah Almighty none is infallible. And on the other hand a limited number of his companions were blessed with extraordinary status of the Asharah Mubashirah!
To be ordinary Mu'min/Muslim namely, to qualify entry in Muslim Ummah, the minimum standard has been prescribed and to be the ideal Mu'min/Muslim, ideal standard has been prescribed by the Creator.
But we must not forget, every Muslim couldn't be Abubukkar Sidique, Omar the Great, Ali Karmulah Wajhu or Usman Zunnorian (RA).
Likewise every Muslim could neither be declared as Ashra Mubashirah, nor all Muslims can be equated to the ranks of exalted Prophet Mohammad's (SAW) Companions (RA).
Above all, Allah Almighty has kept the measuring tap of faiths with Himself Almighty and none among us should exceed his limited sphere!
We also must not forget that many a times the real culprits succeed to skip the prosecution due to corruption or due to lack of the prescribed evidence. On the other hand sometime an innocent is prosecuted due to human error or human collusion!
So neither the worldly acquittal nor conviction should always be considered the true yardstick of guilty of a person or piety!
Now let throw a glance over this country of the unfortunate people.
So far Islamic Laws are concerned the same having been ordained by Allah Almighty and His Almighty Final Prophet Mohammad (SAW) explicitly long before. And we the Muslims as such have already declared our faith thereupon and have been declaring on daily basis to be the faithfuls.
So much so that Islamic Laws were further guaranteed and promulgated formally in constitution as well as in so many statues to be the supreme law of the land.
Nonetheless, none of us are going to budge in terms of compliance, when it doesn't suit us.
The question arises whom to blame for the fault, definitely, none than the us as per capacity.
The problem is, almost all of our illiterate egocentric cleric pundits are unable to distinguish between Islam and Islamic Laws, between crime and sin!
Promulgation of Islamic Laws having been made in Pakistan far better than any country else. Nonetheless they didn't give the positive results but for two reasons:
Firstly, Promulgation of Islamic Laws doesn't mean that every person will become the best Muslim forth with automatically.
Secondly, if we ourselves are not up to the mark, we can't give up to the mark results.
To become the best Muslim we are required to have the best roll model scholars and leaders to become the real torchbearers of Islam, which are neither available in our secular lot nor in the clerical stock!
Islamic State is however under obligation to strive for virtue and to nip the vice, by preaching in the best manners and with the best wisdom by the best devoted Muslims! It's not job of every Tom, Dick and Harry!
Allah Almighty and the exalted Prophet Mohammad (SAW) have ordained and explained Islam in the Holy Qur'an and Holy Sunnah respectively. Prophet Mohammad (SAW) set all the aspects of Islam through his ideal tenure, consolidated further by the four Caliphs the Righteous.
Nevertheless, within the close proximity of that golden period we the Muslims started to play in the hands of various foes of Islam and made the biggest blunder by inflicting the bleeding wound to oneness of Islam and unity of Muslims and the wounds were being multiplied further instead of providing the cure.
Our clerical pundits destroyed the oneness of Islam and brotherhood of the Muslim and deployed them at each other throats by misusing Religion in the guise of sects.
And how our secular lot could stay behind and so they further scattered the Muslims by abusing the Regions.
I pose a simple question, if there is any compulsion in Pakistan from the state upon us, not to perform prayers, not to fast, not to go for hajj, not to perform the duty honestly and not to do right things or not to be refrained from sectarianism, not to be refrained from violence even against animals, not to be refrained from usury, not to be refrained from giving or taking bribes and not to be refrained from all sorts of unislamic acts???
If almost all of us in the present day and since long are not bothering to comply with the commandments in the Holy Qur'an of Allah Almighty and Holy Sunnah of His exalted Prophet Mohammad (SAW), how we are expecting that an ordinance shall be issued by our corrupt pack of politicians and Islam shall be got implemented like a button is pressed and the bulb gets on forthwith?
Here also one must not forget, had it been the Divine Scheme to hold us as ideal as the angles, He Almighty would have hold us as angles.
This means that Allah Almighty has granted us quasi free will to choose the path and make the choice within the granted domain and so it's business of none to mould us according to his mood by exceeding the granted domain, particularly when they themselves are not going to become Muslims without brandishing some tag of sectarian prefixes or suffixes!
They are the first who have tarnished the beautiful face of Islam in spirit as well as the in letters, impliedly as well as expressly!
Whenever any Muslim violates Islamic Penal Laws, he/she can be dealt with accordingly by the Competent Islamic Courts, which are operative in the country but none can be made ideal Muslim by baton-charging of police, they are religious or secular!
This fact also must not be forgotten that there are five Hudood Laws, which are commonly called Islamic Major Penal Laws.
And so if anybody breaches any penal provision thereof, would be liable to be punished in the Islamic Courts of Law having been established in the light thereof in our country and which have been functioning, but having been paralysed by wrong interpretation of some illiterate quacks.
Others are Islamic Laws pertaining to social and daily lives of the Muslims; Education, Health, Nikah/Marriage, Inheritance, Civil/Commercial Contracts, Internal Affairs, International Affairs, Transactions, Sales, Trades, Commerce, Preemption, Agriculture, Wards, Guardians, which covers all the aspects of Muslims social lives and which are also in vogue since long.
And which means thereby, if any dispute arises among the citizens inter se, or between the citizen/s and state or state functionaries in the Muslim State, the lawfully established Islamic Courts shall be competent to adjudicate them in accordance with Shari'ah.
Those courts are also established and functioning!
A Federal Shariat Court has also been established at the apex level, wherein anyone can challenge the validity of any law, and if any law is proved to be against the injunctions of Islam, can be held as such. And so many laws having been ceased to have any effect anymore by the FSC.
And this is the best way of Islamisation of Laws, for eminent and real jurists and scholars are always requested to assist the court, otherwise if the task is left to the quacks, nothing would come out as positive!
Now the final and vital question is if there is no law having been promulgated and which is repugnant to injunctions of Islam, why then all round decay in our society is in rampant, what's the reason?
Simply because there is no role model particularly in the elites who can either inspire or who can be followed.
I mean to say that alone promulgation of Islamic laws doesn't imply that we would become the best Muslims forthwith!
One can hardly refute the fact that wherever Islam suits us we press for it and wherever it doesn't we suppress it, this is our SOP, irrespective of the fact whether we are secular or clerical.
Whether the exalted Prophet Mohammad (SAW) had promulgated any ordinance, whereby Islam was established, or He (SAW) and His (SAW) companions (RA) spread and established Islam through their deeds???