The basic principles of law making.

in instablurt •  3 years ago 

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Much exaggeration is being made in Islam in determining the justification and nature of law making and its scope of work. On the one hand, it is being said that there is basically no leisure in law making in Islam. Allah and His Messenger have made the law.
It is the duty of Muslims to act accordingly and to do so. On the other hand, according to some people, the scope of legislation is now so wide that Muslim heads of state have been given the right to change and modify the detailed rules and regulations laid down by the Prophet (peace and blessings of Allaah be upon him) regarding worship.
For example, they can compress and add to the external structure of prayer and fasting. Please explain in detail what are the limits of law making in Islam and what are its different stages? Moreover, make it clear.
What is the legal status of Rashedeen's personal and Shura-based decisions and the verdicts of the Imams and Mujtahids of Fiqh? At the same time, it would be good to shed some light on the significance of the consensus of the Shura Consultative Council and Ijma.
The basic principles of law making
In Islam, there is no room for final legislation in the realm of worship. However, in the case of executive activities other than Ibadat, there is room for legislation only where the Qur'an and Sunnah have adopted silence.
The basis of law-making in Islam is the principle that in the case of worship, do only what is prescribed and do not invent any new method of worship on your own. And follow the instructions given in the case of the executive activities of Muamalat.
Refrain from doing that which is forbidden, and you are free to act according to your own right view of the matter about which Allah and His Messenger have remained silent. Imam Shatibi has described the principle mentioned in his book Al-Itisam in this way.
The instruction of worship is different from the instruction of practice. The principle of practice is that the thing about which silence has been adopted is that it is allowed to act on one's own right point of view. On the other hand, in the case of Ibadat, it is not possible to come up with a decision based on the reason for Istimbat which is not present in the original Shariah.
Because the structure of worship is surrounded by clear instructions and clear permission, not so in practice. The reason for this difference is that in the case of practice our knowledge in general can know the right path and in the case of worship we cannot know with our own knowledge which is the way to attain nearness to Allah.

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  ·  3 years ago  ·  


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