Fatwa-mongers have a lot to learn from ancient jurists, Islamic Sharia Laws, NewAgeIslam.com

Islamic Sharia Laws

Fatwa-mongers have a lot to learn from ancient jurists

By Arif M Khan

The communiqué further said that what is hidden and secret belongs on the outcome of the judicial proceedings. The legal verdict shall depend only on express statements, evidence adduced and facts of the case. In another communication to Abu Moosa Ashari, the Caliph laid down that “no person shall hold law court or hear legal dispute except the authority established by law”. The reason being that such authorities are supported by state power, and state power, when applied correctly, is an effective deterrent against wrongdoers and false witnesses.

This position was further reiterated by Caliph Umar in his communiqué to Abdullah bin Masood whom he had appointed as in-charge of education in Kufa. Ibn Masood was regarded as an authority in Quranic sciences and one prophetic narration had named him as one of the four teachers of Quran. Keeping in mind the erudition and scholarship of Ibn Masood, people started flocking to him to seek his verdict (fatwa) in matters of disputed and he willingly obliged them. On bearing this news, the Caliph wrote a letter and asked if he has started settling legal disputes despite the fact that he has not been vested withsuch authority.

Ibn Masood replied in the affirmative. The Caliph sent him a rejoinder directing “leave this work for one who is competent to take care of the benefits and harms associated with the administration of justice.”

http://newageislam.com/fatwa-mongers-have-a-lot-to-learn-from-ancient-jurists/islamic-sharia-laws/d/2729

Ink of the scholar is holier than blood of the martyr, Islamic Ideology, NewAgeIslam.com

Islamic Ideology

Ink of the scholar is holier than blood of the martyr

By Arif M Khan

Nahjul Balagha (a collection of sermons and letters by Maula Ali) reports a profound statement: “Surely God has characterised the angles by intellect without sexual, and the animals with anger and desire without intellect. He exalted man by bestowing upon him all of these qualities. Therefore, if man’s intellect dominates his desire and passion, he rise to a rank higher than that of angles, because he achieves this rank despite the obstacles that do not vex the angles.”

This remark is emblematic of the importance of the use of reason and intelligence in Islamic tradition. The Quran repeatedly exhort its students to apply their minds to understand the signs of God contained both in the word (Quran) and work (Creation) of God. It says: “Do they not then earnestly seek to understand Quran or are their hearts looked up by them?” (47.24).

The Quran disapproves of those who instead of making an effort to understand the Book, show misplaced reverence towards it: “And those who when they are reminded of the signs of their Lord, fall not deaf and blind thereat” (25.73). It is important to note that the Quran uses the same Arabic word ayat (proofs, evidences, verse, lessons, signs, revelations, etc.) booth for its own sentences and for all creation in the universe, animate and inanimate: “Behold! In the creation of the heavens and the earth; in the alternation of the night and the day; in the sailing of the ships through the ocean for the profit of mankind; in the rain which God sends down from the skies and the life which He gives therewith to an earth that is dead; in the beasts of all kinds that He scatters through the earth; in the change of the winds and the clouds which they trail like their slaves between the sky and the earth; (here) indeed are signs (ayats) for a people who understand” (2.164).

http://newageislam.com/ink-of-the-scholar-is-holier-than-blood-of-the-martyr/islamic-ideology/d/2761