Dec 9, 2012

Freedom in Islam - Kebebasan di dalam Islam

2011 2nd International Conference on Humanities, Historical and Social Sciences
IPEDR vol.17 (2011) © (2011) IACSIT Press, Singapore

Freedom and Its Concept in Islam
Abdul Hai Madani
Assistant professor, NED University of Engineering and Technology Karachi, Pakistan
dr.madni67@gmail.com

Abstract: The concept of freedom has been limited by the democratic mindfulness according to certain schools of thoughts. Freedom is a gift of ALLAH for mankind and mankind needs to make full use of this divine without harming and being harmed by others. Every man has the basic right to freedom throughout his life. Freedom is a need of every individual to identify his individuality, to speak his mind and heart, to convey his ideas and thoughts for the goodness of mankind and to serve the society in a right way. The term freedom includes all its aspects as freedom of religion, expression, justice, political achievements and all what can be considered of to be under its umbrella. Islam recognizes right of both men and women to the freedom equally without acknowledging the superiority of color, geographical boundaries, religious beliefs, social norms and ritual practices and also being harmless to other individuals of the society.
 
Keywords: definition, history in west and Islam, concept of freedom in Islam, some basic kinds
 
1. Introduction :
 
1.1. The Definition of Freedom
The freedom is defined in dictionaries as: 1-The condition of being free.2- Political independence.3-Faculty of motion, 4- Frankness.5-Unrestricted use of access. [1]
 
The real freedom cannot be enjoyed or achieved without sacrifice of individuals for the development of a good society without practicing justice. In other words, we can define freedom as a mental condition or a condition of the spirit. "Freedom is control of self."[2]
 
1.1.1. The brief History of freedom in the West:
The first freedom in the west was freedom in religion and its speech, conscience and association. This changed in the 17th century as consequent upon a thirty year long religious war (1618-1648) sparked by the Protestant Reformation and ended in the shape of Peace of Westphalia a peace treaty that Granted a kind of religious freedom, although entirely limited but allowed Catholicism and Protestantism to coexist peacefully only as the established religions of the different states, not within each state. Initially this degree of religious freedom was accepted more or less as a practical necessity than as the ideal which establishes religious unity.
 
In England the concept of religious freedom emerged as a freedom of the individual. England had its own religious wars during this period that were rather a political struggle between the King and the Parliament for constitutional authority in 1689, following the ‘Glorious Revolution’ which assured the ascendancy of Parliament and its religion whereas the religion must be free.[3]
 
1.1.2. The History of freedom in Islam:
Allah gave Adam liberty of free choice between right and wrong. It is in the same reference that Allah almighty says in the Holy Qur’an:
 
Then He showed him what is wrong for him and what is right for him [4]
 
This verse reflects that freedom is equally a shared goal of mankind, wherewith none violates freedom of other individuals. The Satanic approach to freedom is to deprive others from their right to freedom while the angelic obedience is a model of peace-loving. Pharaoh misused his right to freedom and enslaved the Israelites. Moses (peace be upon him) stood against him using his same right to freedom as a common goal and shared value.

1.1.3. The Concept of Freedom in Islam:
The freedom in Islam is like allowance of movement to a horse tied with a rope. It is like authority which implies responsibility and accountability and provides the justification for the day of judgement.

This is the clear message of Islam to whole mankind on earth and under the sun: There is no compulsion in religion. The right direction is hence forth different from error. [5]

Never did the Holy Prophet (peace be upon him) deny any human-being his right to freedom of expression. Both the believers of Islam and non-believers could freely speak their minds in front of him. He gave full liberty of thought even to the Jews despite of their dirty politics.

In Islam there is no freedom without justice and these two values freedom and justice have been the inspiration and motivator of the great revolutions in the world, be they political, economic or social. 

According to some writers, there seems to have been a little trace of freedom in the Muslim collective consciousness and that is because of two reasons – epistemological and political. [6]
The epistemological reason is that the term “freedom” is not mentioned in its literal sense in the Qur’an, the only reference being to the abomination of slavery. The phrase “freeing a slave” appears five times in its Suras 4, 5 and 58. It also appears once in the following verse: O you who believe! The law of equality is prescribed to you in case of those who are murdered: the free for the free, the slave for the slave. [7]
In Hadith Literature, we find the term itq (the emancipation of a slave) which is the antonym of riqq or “slavery”. [8]
However, there is no mention of the term “freedom”. In fact, some Hadith, such as that of Huzaiyfah bin al-Yamani, clearly opposes the value of freedom that is not integrated to society’s peace , well-being and loyalty for the Islamic government to avoid any wrong and harm to the unity of Muslim nation and activities of treason.
Allah almighty says: Had it not been for the Word that was sent forth from your Lord, their differences would have been settled between them? [9]
The other pinching matter is the case of turning against the rule of law or challenges the writ of Islamic government.
If a person chooses to live as a good peace-loving citizen within the Islamic countries and is not involved in the activities against the government, he enjoys all the rightful freedom but if he turns against the rule of law or challenges the writ, he will be killed because of his dirty politics against Islamic government and not for changing his religion. The Holy Prophet (peace be upon him) received this revelation in regard to the same issue.
Remind them, for thou art but a remembrance. Thou art not at all a warder over them. But whoso is averse and disbelieved. [10]
So the capital punishment is for those who turn against Islamic State and stand in denial of its legal domain. Hence there remains no myth in Islam in regard to the capital punishment and freedom of religion. This saying of the Holy Prophet (peace be upon him) in the same context is the practical enforcement of this command of Allah almighty: Whosoever changes his religion, you kill him. [11]
Islam holds its rulers responsible for their conduct and accountable before the whole Ummah.
A Muslim ruler himself is keenly interested in the welfare of Ummah. In the time of the Holy Prophet (peace be upon him) our Islamic history gifted us with the right to freedom for the human society to maintain sacred moral values and clean it from every wrong and bad conduct.

2. Some Kinds of Freedom
Not only is Freedom an act of emancipation of human beings from slavery , it is also a liberty of thought, liberty of expression, liberty of speech and liberty of religion.
2.1. Freedom of Thought
Freedom of thought is the freedom of an individual to hold or consider a fact, a view-point, a thought or an opinion independent of others' view-points. It is closely related to, yet distinct from, the concept of freedom of thought. Such ideas regarding freedom of thought, as developed over time, ultimately became a vital part of international human rights law already introduced by Islam in 626 A.D.
2.2. Freedom of Religion
Freedom of religion is of course a fundamental human right accepted by Islam in the history of mankind. Everyone has the right to freedom of thought, conscience and religion that includes freedom to change religion or belief, and freedom to manifest his religion or belief in teaching, practice, worship, and observance either in public or private. Islam gives its followers freedom of choice to religion but after one becomes a Muslim, he does not have the liberty to leave Islam provided that his reversion causes a threat to the unity of Ummah.
2.3. Freedom in political system
Islam preceded man-made law in this freedom also for it has stipulated 'enjoining the good' and 'forbidding the bad', 'guiding the ignorant' and 'alerting the heedless' and 'advising the Muslim leaders' and the fact is that the human being is not free to exercise his right to freedom in those matters that are islamically or socially forbidden. Political freedom is obviously a part of these aforementioned matters. This includes the right of the individual to express rightful opposition having the right to oppose the state by demonstration in a civilized manner without vandalizing.
The Qur’an reads as: And whoso opposed the messenger after the guidance hath been manifested unto him, and followed other than the believer’s way, we appoint for him that unto which he himself hath turned, and expose him unto hell- a hapless journey’ end. [12]
Islam in fact does not recognize artificial geographical borders, psychological barriers, or racial differences but rather Muslims are one community and all are part of one brotherhood. Allah the Exalted has said: Verily the believers are one brotherhood. [13]
In many of the world's laws, we find that the people have the right to bring down a ruler or a government with wrong governance. Islam has preceded man-made law in this regard as a religious duty whereby if the ruler does not act according to Islamic law or becomes incompetent then his overthrow and removal becomes mandatory. Allah says: And their affairs are a matter of (collective) counsel. (14)
The Holy Prophet (peace be upon him) was also advised by Allah as: “And consult them upon the conduct of affairs. And when thou are resolved, then put thy trust in Allah”. [15].
2.4. Freedom and Maintaining Human Rights
Islam preceded man-made laws in making it incumbent upon the state to uphold vital rights for every human being. These rights being the right to life as of a free man and not a slave, the right of personal freedom to hold personal property and so on.
The first right Allah has said: Whosoever kills a human-being for other than manslaughter or corruption in the earth, it shall be as if he had killed all mankind and whoso saved the life of one, it shall be as if he had saved the life of all mankind. [16]
As for the right of the human-being to his personal freedom, he must be assured of his freedom and that he would not be imprisoned or detained or be confined in a certain place without any legal reason. The blood, property and honor of a Muslim are sacred for another Muslim. [17]
2.5. Women's freedom
The women are free in economic, political, social, educational and all other affairs except the men are one step higher because they earn for them and fulfill their basic needs as food, clothing, dwelling and other needs like medical treatment etc. Allah has said in the Holy Qur'an: “. . . And they have rights similar to those rights of men over them in kindness, and men are a degree above them. Allah is Might, Wise. [18]

There are many other Qur’anic verses and traditions that highlight the equality of men and women in all matters with the exception of the following one purely as an issue of administration. "Men are caretakers of women, because Allah has made the one of them to excel the other, and because they spend of their property. So good women are the obedient, guarding in secret that which Allah hath guarded. Jurisdictions of both the sexes have been defined and none is allowed to go beyond that area. This is real just too both the sexes, men and women and not inequality or inequity. Other than these particular rulings men and women are equal in every walk of life. Women used to attend the Prophet's mosque (peace be upon him) during almost all congregational prayers as well as his speeches. It is clear from various traditions that the Prophet (peace be upon him) ordered certain women to lead other women in prayers as for example he ordered Umm-e-Waraqah to lead the women in prayers. [19]

The basic principle of this right is accepted as:”The freedom of a person ends where the freedom of other persons begins”.
Islam gave women the right to decide their fate on their own. If a woman is not feeling comfortable with her husband or she has been married against her will, she has full right to go and knock at the doors of judiciary for divorce, if she prefers. An Ansari woman Khansa was married without her will and was unhappy. She reported her matter to Muhammad (peace be upon him) and he cancelled her marriage [19].
2.6. Freedom of Expression
The right of expression and information cannot be separated from right to think and believe. The right to express and to be informed should, therefore, be secured by all who respect humanity and are grateful to God. Indeed, if one is allowed to think and believe, but not to communicate with others or to exchange views, one's freedom of thought and belief is actually restricted. This is internationally accepted that freedom of thought and freedom of expression are intertwined and the human-beings as super-beings cannot live life of isolation and solitude.
According to Islam, freedom of expression and information is a basic human right. Islam condemns spreading lies and false stories as well as passiveness and reluctance when the truth should be spoken and be highlighted...
“Confound not truth with falsehood, nor knowingly conceal the truth”. [20]
Islam always discourages false reporting and spreading bad news about any member of the human society as this behavior is against the basic right to freedom as a human-being. Every individual must think well about others.
Freedom of expression in the assemblies and public meetings sharing information constitutes both a right and a duty for every believer. Muslims - men and women, rulers and the ruled all are equally entrusted with authority to ensure such freedom.

The right to freedom is a blessing and fundamental need of every individual to live as useful member of human society. None is allowed to misuse his right to freedom when especially the freedom of other individuals is harmed. The western concept of freedom is to allow human-beings to live as they wish and even persuades others to free themselves from all social, moral and religious bindings. The most dangerous aspect of such freedom is freedom of sexuality that is never ever acceptable to any sensible person of any religion. No religion including Islam does allow unlimited freedom of sexuality.

3. Conclusion
• Every one lived in an atmosphere of social justice and harmony. Islam clearly insists upon freedom of belief for all human beings. On the basis of this concept, the Islamic verdict itself guarantees freedom of worship for its non-Muslim subjects too as we have discussed in previous pages in details.
• After freedom of belief there comes the freedom of will. Allah has granted man free will, which allows him to choose his course of life. Every person is answerable to Allah for his actions as they illustrate the quality of will whether it is good or evil, whether the man follows truth, goodness and justice or whether he is corruptible by his own desires. Islam allows him to express this freedom and to practice it within the limits of commitment and responsibility and self control.
• Man has an obligation to choose the path of righteousness, and to safeguard his freedom and that of others.
• Freedom of thought defines the freedom of speech and they both are now universally recognized as a basic right of an individual. Islam encourages basic freedoms for all humans, but teaches us that an individual’s freedom is nothing without the sense of responsibility and commitment.
• Hope of liberty can be achieved only by using the right to freedom without harming any individual of the society and it is Islam that has laid down the principle of justice, equality and freedom for the whole mankind.

4. References
[1] Peter Davis, the American Heritage, Dell Publishing co. New York 1976, Page No: 215
[2] Kamali, M, Freedom, Equality and Justice in Islam, Islamic Text Society, London p-198
[3] Salah-ud-din: Bunyadi Huqooq, Tarjuman ul Quran, Lahore Pakistan, Page: 72
[4] Qur’an, 91: 8
[5] Qur’an, 22:56
[6] Liebesny, Majid &, and Herbert J. (Editors) Khadduri. Origin and Development of Islamic Law, Washington
D.C.: The Middle East Institute, 1955. Volume I, page no: 259
[7] Qur’an, 2:178
[8] Isphahani: Raghib, Mufradaat, Dar-ul-Qalam, Damascus, 1995, p.545
[9] Qur’an 10:19
[10] Qur’an 88:21-22
[11] Bokhari- Al: Sahih, Dar-ul-fikr, Haidarabad, India, chap. 149, No.3017,
[12] Qur’an 4:115
[13] Qur’an 49:10
[14] Qur’an 42:38
[15] Qur’an 3:159
[16] Qur’an 5:32
[17] Review: Islamic Law and Jurisprudence: Studies in Honor of Farhat J. Ziadeh, By Nicholas Jackson, January
1995, 54 (1) : 68-9
[18] Qur’an 2:228
[19] Al-Asqalani: Ibn-e-Hajar, Taqreeb-ul-Tadheeb, dar ul rasheed, Halab, edition 1, 1406 hijra, No.8560
[20] Malik bin Anas, Al-Mowatta, dar-ul-ilm ul Islami, Lahore, Pakistan, 2010, p/338.No.1135
[21] Qur’an 2:42

Source
About 

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Freedom in Islam means the implementation of Islamic law only for Muslims ?
Kebebasan di dalam Islam bermaksud pelaksanaan undang-undang Islam  
hanya untuk orang Islam ?

“If the Kelantan PAS government fails to act against errant municipal council saboteurs who issue summonses against non-Muslim couples for indecent behaviour, this will adversely undermine PR’s message of respect for freedom of religion and damage existing co-operation within PR,” he said in a statement today. - my.news.yahoo.com

“Jika kerajaan PAS Kelantan gagal mengambil tindakan ke atas tindakan penguatkuasa itu yang mengeluarkan saman kepada pasangan bukan Islam tersebut, ia adalah membelakangi prinsip dalam Pakatan Rakyat (PR) yang menghormati kebebasan beragama,” kata Lim - my.news.yahoo.com

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Always heard, the implementation of Islamic law only for Muslims. Is this the true meaning which is often associated with religious freedom.

Always occured injustice in judging. When legal action is taken based on secular law, non-Muslim can accept it with an open heart and it was seen as a national law.

On the other hand, if seen action taken related to Islamic law, they could not accept it even the Islamic law has become part of national law.


The question is why while Islamic law secures justice for all and bring prosperity to individuals, families and the community at large without regard to race, religion and status of life.

Kerap kedengaran, pelaksanaan undang-undang Islam hanya untuk orang Islam. Adakah ini erti sebenar yang sering dikaitkan dengan kebebasan beragama.

Sering berlaku ketidakadilan dalam menilai. Apabila tindakan undang-undang diambil berdasarkan undang-undang sekular, orang-orang bukan Islam dapat menerimanya dengan hati terbuka dan ianya dilihat sebagai undang-undang negara.

Sebaliknya jika dilihat tindakan yang diambil ada kaitan dengan undang-undang Islam, mereka tidak dapat menerimanya walau pun undang-undang Islam itu telah menjadi sebahagian dari undang-undang 
sesebuah negara. 

Persoalannya kenapa sedangkan undang-undang Islam menjamin keadilan untuk semua dan membawa kesejahteraan kepada individu, keluarga dan rakyat keseluruhannya tanpa mengira bangsa, agama dan status kehidupan.

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 Condition in Implementation of Hudud 
presented in Melayu Languages


Dr Mohd Asri Bin Zainul Abidin

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Sheikh Yusuf al Qaradawi 
Implement Sharia Gradually


thinkingR

Gradualism in Applying the Shari`ah

Question and answer details
Name of Questioner: Kathy
Reply date: 2011/11/24
Question: Sometimes, we hear that some scholars call for not changing what is evil (munkar) under the pretext that this falls within the scope of gradualism (sunnat at-tadarruj) that is known in Islamic Shari`ah. What are the guidelines in an attempt to apply gradualism in Islamic Shari`ah ?
consultant: Yusuf Al-Qaradawi
Answer

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, we commend your pursuit of knowledge and your eagerness to seek what is lawful and avoid what is not. We earnestly implore Allah to bless your efforts in this honorable way.

Gradualism is one of the laws of nature that Allah Almighty has created. It is also needed in applying the rulings of the Shari`ah to make a change in people’s life. The Prophet (peace and blessings be upon him) stayed in Makkah for thirteen years struggling to shake the false beliefs the Makkan people had adopted. Then, for other ten years, Allah Almighty revealed to him (peace and blessings be upon him) the laws that the Muslims would live by. Gradualism played an effective role in that regard. That was shown, for example, in prohibiting alcohol, riba (interest), and other vices.

The opposite of gradualism is to enact and enforce the rulings of Shari`ah immediately. But mind that, if we are to observe gradualism in applying the rulings of the Shari`ah in this age, this does not mean that we are to be sluggish and delay achieving that aim for too long. Gradualism refers to the importance of preparing the Muslim people to sincerely and enthusiastically adopt the rulings of the Shari`ah in all their walks of life, so as to guarantee that such a matter would last.

Responding to the question, the prominent Muslim scholar Sheikh Yusuf Al-Qaradawi, states the following:
Gradualism in applying the Shari`ah is a wise requirement to follow. In doing so, we will be following Allah’s Laws with regard to physical nature and teachings of Islam. Gradualism was observed in enjoining the obligations of Islam such as Prayer, fasting, et cetera, and in forbidding the prohibitions as well.
The most telling example in that regard is prohibiting alcohol; the stages taken in that respect are well known by anyone studying the Shari`ah. Islam also took into account the effectiveness of gradualism when it did not suddenly abolish slavery, which was prevalent in the whole world on the advent of Islam.
Abolishing slavery then would have led to economic and social uprising, so, it was wise then to deal with such a problem in an indirect way (by, for instance, regarding setting a slave free as a good deed and making it an expiation for some sins). This implied a gradual abolishing of slavery.
Being a divine law, gradualism is to be followed on the political level nowadays. That is to say, gradualism is to be observed when it comes to applying the rulings of the Shari`ah in today's life when Muslims have been socially, legislatively, and culturally invaded.
If we want to establish a real Muslim society, we should not imagine that such an end can be achieved by a mere decision issued to that effect by a king or a president or a council of leaders or a parliament.
Gradualism is the means through which such an end can be fulfilled. Gradualism here refers to preparing people ideologically, psychologically, morally, and socially to accept and adopt the application of the Shari`ah in all aspects of life, and to finding lawful alternatives for the forbidden principles upon which many associations have been founded for so long.
Gradualism in that sense does not mean we are to procrastinate and put off applying the Shari`ah. It is not to be taken as a pretext for discouraging people and foiling their pressing demands to establish Allah's Laws.
It, rather, should spur us to spotlight our aims, set our plans, and decide, sincerely and wisely, on the gradual stages to be taken in that respect. In that way, step by step, and through wise planning, organizing and determination, we can reach the last and long-awaited stage of applying all the teachings of Islam heart and soul.
This was the same approach that the Prophet (peace and blessings be upon him) adopted so that he (peace and blessings be upon him) could change the pre-Islamic life of degeneration and ignorance into the enlightened life of Islam.
There is an example in that respect which is related concerning `Umar ibn `Abdul-`Aziz, whom the Muslim scholars regard as the fifth rightly-guided caliph and a true follower of his great-grandfather, `Umar ibn Al-Khattab.
`Umar ibn `Abdul-`Aziz’s son, `Abdul-Malik, who was a firm pious young man, said to his father one day, "O father! Why you do not implement the rulings firmly and immediately? By Allah, I would not care if all the world would furiously oppose us so long as we seek to establish the right [that Allah Almighty has enjoined]." These words show how zealous that young man was to destroy all signs of corruption and deterioration immediately and without delay whatever the consequences.
But the wise father said to his son, "Do not deal with matters hastily, son. Allah Almighty [Himself] despised drinking alcohol twice in the Qur'an and did not declare it forbidden but in the third time. I am afraid that if I enjoined the right on people at one stroke, they would give it up all at once, which might lead to sedition." (See Al-Muafaqat by Ash-Shatibi, vol. 2, p. 94.)
That attitude of `Umar ibn `Abdul-`Aziz shows that he saw it wise to tackle matters gradually. He was guided in that respect by Allah's dealing with prohibiting alcohol. `Umar wanted to lead people step-by-step towards establishing the right and this, in fact, is the wise juristic approach to handle matters.

Source


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 The Science of Shari'ah


- Sheikh Hamza Yusuf

IslamOnDemand

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 Understanding Islamic Law
 Sheikh Muhammad Hisham Kabbani 

Islamic civilization, since the time of Prophet Muhammad (s) until now, is firmly founded on the concept of ‘rule of law.’ For that reason, the law is published and known, and citizens and courts are expected to uphold it. In addition, Muslim citizens must adhere to Islamic law - Shariah. If a Muslim citizen commits a religious violation, he is judged according to Islamic law. A non-Muslim citizen is judged in religious issues by the laws of his own faith.

Invoking Divine Principles and Human Reason
Islam is a complete package – a complete message and way of life. To fraction it into its component, then examine them individually, will yield little or no understanding of Islam’s holistic whole. Inevitably aspects of Islam examined separately, without a wide-ranging grasp of its totality, will be taken in a fragmented context, in which case aspects may take on the appearance of extremism.

However, when viewed from a comprehensive perspective by any fair person, Islam will be found sensible in all its aspects and practices. Could it be otherwise for a faith that powers one of the greatest living civilizations – one whose dynamism and creativity supplied a foundation for countless aspects of modern society?

Shariah is the Islamic Law – the disciplines and principles that govern the behavior of a Muslim individual towards his or herself, family, neighbors, community, city, nation and the Muslim polity as a whole, the Ummah. Similarly Shariah governs the interactions between communities, groups and social and economic organizations. Shariah establishes the criteria by which all social actions are classified, categorized and administered within the overall governance of the state.

Shariah first establishes the patterns believers should follow in worshipping Allah: prayers, charity, fasting and pilgrimage.

Islam’s law comprises a comprehensive outlook on life. As one looks from a satellite at this planet, the Shariah conceives of the earth as a single ‘city’ with diverse inhabitants—in modern parlance, a ‘global village.’ Islam looks to the benefit of the society as a whole from a general perspective and presents a theoretical model that if followed provides safety and protection for society.

Shariah literally means ‘a well-trodden path to water,’ the source of all life, representing the Path to Allah, as given by Allah, the Originator of all life.

Islamist Understanding of Shari‘ah 
Now a great problem today is that a new movement within Islam, the Islamist movement, has innovated a non-traditional approach to Shariah which vitiates all of the past approaches and establishes a rigid, hardline and non-pragmatic approach which vitiates all semblance of humaneness, sanity, moderation and decorum which
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 Applying Hudud in Non-Muslim Communities

Question:

Dear scholars, As-Salamu `alaikum wa Rahmatullahi wa Barakatuhu. The Qur'an says that Muslims are the community that 'commands the right and fobids the wrong' and Islamic law has the hudud penalties for crimes such as Zina. However, Muslims in non-Muslim countries cannot enforce these penalties? Is it permissible for Muslims to abandon them in non-Muslim countries? How can Muslims command the right and forbid the wrong when living as minorities in non-Muslim countries?

Answer:

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His sake.

As regards your question, it must be clear that the concept of commanding good and forbidding evil is not restricted to hudud (the fixed penalties).
Hudud, in fact, represent one manifestation of commanding good and forbidding evil. However, this principle is all-embracing; its scope involves all affairs and activities. It is the goal of all Muslims, men and women alike, to reform the community where they live, to spread morality and decency; in short, to establish all that is good and to forbid all that is evil. In the pursuit of this goal, Muslims should adopt a kind and wise approach.

This, however, does not imply abandoning hudud or canceling them. Hudud represent a part of Islam that cannot be revoked. They may be delayed to the proper time, but they cannot be nullified.

In his response to your question, Dr. Sano Koutoub Moustapha, professor of fiqh and its principles, International Islamic University, Malaysia, states:
It is true that the Muslim community has to command the right and forbid the wrong. This obligation doesn't refer only to hudud but it does refer to other crimes such as bribery, disobedience of parents, undermining the teachings of Islam, laziness, hypocrisy, backbiting, etc.

As for the enforcement of hudud or punishments, this is a duty upon Muslim leaders, not individuals. In other words, no Muslim individual is allowed to carry out the hudud without the permission of the leader.

In the event that there is no Muslim leader in command —such as the case of communities where Muslims are minorities— then the enforcement or implementation of hudud law would have to be postponed and upheld, not to be abandoned as suggested in your question. There is a big difference between abandonment and postponement or upholding. As Muslims we are not allowed to abandon hudud. To abandon means to reject or cancel it. But we are allowed to postpone or uphold due to the circumstances and situations.

Moreover, Muslims in these minority communities should focus on ways and means of preventing Muslims from committing the crimes that entail hudud through da`wah work, talks, lectures, etc. The community should work on pacific and positive enforcement of these penalties through the said method.

Furthermore, one should not restrict the implementation of Islam to hudud, as Islam consists of economic, social, educational, and intellectual aspects. In this regard, a Muslim can command so many rights and forbid so many wrong deeds that are related to the said issues.
Thus, the true Muslim exerts every effort to apply the principle of commanding good and forbidding evil. If there are certain areas that he cannot enforce, he should direct his attention to other available and possible areas, adopting a gentle and wise approach.

If you are still in need of more information, don't hesitate to contact us. Do keep in touch. May Allah guide us all to the straight path!

Fatawa Issuing Body : Islam Online
Author/Scholar : Sano Koutoub Moustapha
Date Of Issue : 31/Mar/2005

my source

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Meaning of justice in Islam
Source : IslamReligion | 22 Sep 2012

In the Islamic worldview, justice denotes placing things in their rightful place. It also means giving others equal treatment. In Islam, justice is also a moral virtue and an attribute of human personality, as it is in the Western tradition. Justice is close to equality in the sense that it creates a state of equilibrium in the distribution of rights and duties, but they are not identical. Sometimes, justice is achieved through inequality, like in unequal distribution of wealth. The Prophet of Islam declared:

“There are seven categories of people whom God will shelter under His shade on the Day when there will be no shade except His. (One is) the just leader.”(Saheeh Muslim)
God spoke to His Messenger in this manner:

“O My slaves, I have forbidden injustice for Myself and forbade it also for you. So avoid being unjust to one another.” (Saheeh Muslim)

Thus, justice represents moral rectitude and fairness, since it means things should be where they belong.

The importance of justice

The Qur’an considers justice to be a supreme virtue. It is a basic objective of Islam to the degree that it stands next in order of priority to belief in God’s exclusive right to worship (Tawheed) and the truth of Muhammad’s prophethood. God declares in the Quran:

“God commands justice and fair dealing...” (Qur’an 16:90)
And in another passage:

“O you who believe, be upright for God, and (be) bearers of witness with justice!...” (Qur’an 5:8)

Therefore, one may conclude that justice is an obligation of Islam and injustice is forbidden. The centrality of justice to the Qur’anic value system is displayed by the following verse:
“We sent Our Messengers with clear signs and sent down with them the Book and the Measure in order to establish justice among the people…” (Qur’an 57:25)

The phrase ‘Our Messengers’ shows that justice has been the goal of all revelation and scriptures sent to humanity. The verse also shows that justice must be measured and implemented by the standards and guidelines set by revelation. Islam’s approach to justice is comprehensive and all-embracing. Any path that leads to justice is deemed to be in harmony with Islamic Law. God has demanded justice and, although He has not prescribed a specific route, has provided general guidelines, on how to achieve it. He has neither prescribed a fixed means by which it can be obtained, nor has He declared invalid any particular means or methods that can lead to justice. Therefore, all means, procedures, and methods that facilitate, refine, and advance the cause of justice, and do not violate the Islamic Law are valid.

Equality in justice

The Qur’anic standards of justice transcend considerations of race, religion, color, and creed, as Muslims are commanded to be just to their friends and foes alike, and to be just at all levels, as the Qur’an puts it:

“O you who believe! Stand out firmly for justice, as witnesses to Allah, even if it be against yourselves, your parents, and your relatives, or whether it is against the rich or the poor...” (Qur’an 4:135)

According to another Quranic passage:

“Let not the hatred of a people swerve you away from justice. Be just, for this is closest to righteousness…” (Quran 5:8)

With regards to relations with non-Muslims, the Qur’an further states:

“God does not forbid you from doing good and being just to those who have neither fought you over your faith nor evicted you from your homes...” (Qur’an 60:8)

The scholars of the Qur’an have concluded that these rulings apply to all nations, followers of all faiths, as a matter of fact to all humanity. In the view of the Qur’an, justice is an obligation.

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O my people! Prepare for the meeting with the Lord of Truth and feel ashamed before Him prior to that meeting. The believer's sense of shame (haya') belongs first before Allah, then before His creatures, except in matters of religion (din) and violation of the rules of sacred law (hudud as-shar). In such cases he is not permitted to be shy; indeed he should be quite brazen in defence of the religion of Allah, and must uphold His rules and carry out His commandment.

And let not pity for the two of them take hold of you, when it is a matter of Allah's religion. (Quran 24:2)

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