17 Ogos 2010

The benefits of Islamic law. By DATO 'DR HARON DIN

Islamic law is a legal "Rabbani" is not necessarily all that exists in it can be understood and known by people in the philosophy of an era. Perhaps at a later time will slowly reveal the secret-key is all. Maybe one day in a secret-key is to be discovered together. Human ability to comprehend the reality hidden behind the legislation is limited by the environment and human life itself.

Human ability to see the secrets behind the events of God and a way of life prescribed in Islam dikongkongi the cover "Ghita" in the human eye itself. Had the cover is opened by God then everything will prevail. In this article offers only a limited trial based on the assumptions above, to repeat the comments on the scope of Islamic law that offers limited benefits.

Notwithstanding anything to say these are only a small piece of what should be said. The benefits of Islamic law has been a lot said from the beginning of the birth of Islam itself right up to today and the days to come. However, the space for people to talk about the vast still at any time they could continue to uncover the secrets contained in the legislation should have the ability to do so.

Recurrence talk about the benefits of Islamic law is a must. The need is more pressing when the Muslim community itself is still far behind in appreciation of Islamic law. Let alone at the time certain people frequently use the expression of Islamic values in society, while Islamic law is not excluded by reason of reasons.
Islamic law has long been appreciated by the Muslims, but because of opposition and hostility that often hit the Muslims from the various sources of the continuity of the implementation of Islamic law to a halt.

Is increasingly obvious that Muslims are beginning to realize the need for the law was embraced by the Islamic rulers in order to protect and cleanse the soul from error in the principles of religion.

Continuity of implementation of Islamic law and secular ukhrawi benefit to Muslims. If not, a person of faith can be questioned about why they prefer to choose and implement the laws created by men with their backs against the law of Allah swt What man-made law is more appropriate than the laws of Allah? Are the regulations designed by people more generous and better than the laws of Allah? What system of man-made life more noble and more practical than the law "Rabbani" which was revealed by God?

Because the semualah, the question of the implementation of the law intensely for Muslims is not a question of dolak-dalik, but the real question that should be considered and searched for ways to exercise the law.

Islamic law as a reality

Before saying specifically about the benefits of Islamic law, should be clarified before that Islamic law has become a legal reality that has been fulfilled in the Muslim community from the beginning of the reign of the Prophet's birth Medina until today.

The first Islamic state established in Medina in the first year of Hijrah (622M) has implemented syari'at "Rabbani" in human society as a widely accepted reality. Constitution of Medina is characterized by Professor Hamidullah as "The First Written Constitution In The World", has been a general statement that Islamlah introduced to the world of a written constitution which was implemented in a sovereign country. The Constitution has been mentioned in detail the problems of the country, from the right and responsibility to society compound solution, until the question of the head of the government and the powers available to it. Everything is contained in the Constitution of Medina.

Islamic law as a law is based on the Quran and the Sunnah, even though there are many who doubt the integrity of Islam itself, but a lot of chaff on the ability to solve national problems and suitability of the era.

In fact deliberately forgotten that the law has proved its ability to face all kinds of obstacles since the first year of Hijrah until today. He s.a.w. have implemented the law in his life in Medina, which are connected by the Ahl 'ar-Guided Caliphs after his death.

Later taken over by Serra Umawiyyah, Abbasid and continuing until the time of the Ottoman Serra. Some historians often mention that the fall of the Ottoman Turkish government into the hands of Mustafa Kamal M Atarturk in 1924 was eliminating the power of Islam in all fields, especially in the field of implementation of laws.
This view seems to reflect that Islamic law has gone era swallowed.

Although the rule of Mustafa Kamal Atarturk no longer represents a pure Islamic rule, because the laws of his country is not Islamic law which the government destroy Islam and its laws, but the rule of Muslims who use Islamic law as the law realize, far earlier executed in Saudi Arabia, before the fall of the Ottoman Turkish government.

Islamic rule in Saudi Arabia continue to implement Islamic law to this day in general.

No matter what is said by the enemies of Islam on the country, it still represents an Islamic state in the implementation of the ruling. Continuation of Islamic inheritance law enforcement in the community through the power of government should continue to grow lush in the international community of Islam.

Some Muslim countries are implementing the law in their countries such as Iran, Pakistan, Sudan, and others.

All this shows that the law of Islam since the birth has not been dead, but there are clear signs that the law is the day of the receipt by Muslims to be implemented in their respective countries.

Why Muslims Be "Salbi"

Because only a few countries only Muslims who are being enhance the implementation of Islamic laws in their respective countries, while the overall number of Muslims has increased the number billion today, shows how "salbi" (negative) of Muslims against the law religious law.

There are still many countries indifferent to Islamic law, which is not convinced with that law, while the authority and the rule of these countries are Muslims. Do we not feel strange and incestuous if Muslims do not like the laws of his religion?

Muslims prefer and like to carry out the law of human creation from implementing laws that were created by God, God who believes, to be worshiped in the morning and evening prayer to the God who dipanjatkan him always. The existence of the others mentioned that the law is because Islam itself is not disclosed to the authorities in a manner appropriate to their circumstances to be understood by those with the best.

Among the reasons is because the forces of law created after the Islamic law to be momokan and persecuted in various baseless accusations, such as charges of alleged Islamic law was frozen, hard, cruel, and others. Because berleluasanya overall ignorance about Islam itself and the behavior as "ad-Deen" based on "aspirations Rabbani, Muslims asked their views and thoughts on things that are not Muslim, and accustomed to life is not in line with Islam itself, in many events life, to be Muslims and Islam in the party is already on the other without realizing it. This has happened because terdedahnya philosophy and secret Islamic law that the parties are obliged to see Islam from the "ijabi" (positive), so it is a lot of views "salbi" (negative), for the purpose of attracting the laws of Islam itself.

For the reasons mentioned above and many other reasons which need not be mentioned at all here, the discussion features Legislature need to be addressed more. In fact, as long as Islamic law is not fully appreciated by the Muslim community, but for the benefits of Islamic law that the method can convince Muslims on religious law should be improved. Lo was a statement that "Man is an enemy to something he did not know (ignorance)."

Perhaps because some of the ignorance of Islamic law, they become enemies of the law. The hostilities were initiated by the enemies of Islam before the war to the war caused the Event to the War Cross and others. The discretion of the enemy, moved the existing hostility in their hearts to the hearts of Muslims ignorant about Islam, and enmity in the line of the Event of Islam itself, as happens now.

Secrets behind the term

There are several terms used in Islamic law as "Shari'ah", "law", "hudud", "Qisas", "ta'zir", and so on. Although the public knew the term meant, but secrets are hidden behind these terms should also be considered.

The term "Shari'ah" is rooted from the word "Shara 'a' mentioned several times in the Quran as the Word of Allah, which means: And We created you in on a Shari'ah (rules and laws) of business (religious ), then follow syari'at and do not follow the desires of those who do not know. (Surah Al-Jaatsiah: verse 18)

His Word again, which means: For every nation of you, We (Allah) gave him the rules and laws as well as a complete way of life. (Surah Al-Ma'ida: verse 48)

Shari'ah words have many meanings. One of them, as mentioned in the Arabic dictionaries, means Shari'ah went into the water or have drinking water with both hands. One of the meanings mentioned as the way to the water. The other meaning is the place to come out of the water and others eyes. The relevance of the meaning of the word Shari'ah options mentioned above, gives the impression that such syari'at what is required by all people. Same with all people need water for life.

The question of water in human and animal life is the question of death. All creatures need water to ensure continued life. Water as a material made of Allah, Allah has mentioned functions in the words of his means: and we have made of the water every living thing (Surah Al-Anbiya ': verse 30)

This means that water is the source of life and livelihood. There is no life if there is no water. If there is no water there is no livelihood. In the context of Islam as a switch, which means that Allah said: O ye who believe! Sahutilah the call of Allah and His Messenger, when you are called to something that gives life "(Surah Al-Anfal: verse 24)

Verse on like to remind those who believe that the call of Allah and His Messenger, in a legal claim, such as fights, implement Islamic law and so on, will give more meaning to the lives and livelihood of people. When the Islamic syari'at work in the community, so rich and kuatlah communities in all areas of livelihood. When syari'at it does not work as there is today, it seems that the people wilt and retreat, as if the trees are not disirami water. Syari'at syari'at Islam is a living, because that is the term associated with the word associated with life. If people want to live a good life and peaceful Islamic syari'at then run after him.

The word "law" is always mentioned in Islamic law. Al-Quran mentions many times the term in various forms, among them the meaning: "We have sent down the Book (the Qur'an) in truth that ye judge between mankind by that which is inspired by God to you and do not become resistant (innocent people) to (aid) for those who betray their trust "(Surah An-Nisa ': 105 words)

Another verse which means: "And you shall judge between them by what Allah has sent down (to) and not according to their desires. (Surah Al-Ma'ida: verse 49) and those who do not judge (human) with which Allah sends down (from his inspiration) they are those who disbelieve. (Surah Al-Maa'dah: verse 44)

If reviewed from the perspective of this understanding, in terms of language but it means the other is: - "ha ka ma, hukman" means the overthrow of a sentence, separated or divorced. - "Ha ka ma, hakman" means the return of a - "hakkama, ahkam" means returns and mencegahkannya, refine a bond for improvements.

The meaning of the above provides a general emphasis on us that Islamic laws are the laws that work to improve the human condition is not good to better. Laws that can return people to a condition that can prevent people from evil and to invite them to the right.

This is the real purpose of law and philosophy in Islam, to bring awareness and pleasure that humans are always stacked with good values for the good of the human self. When people have distanced themselves from the laws of God and assist man-made laws of the Event that occurred on this day.

The term "hudud" found in Al-Quran in the verses of Allah as a means: and those who exceed hudud Allah he indeed has wronged himself. (Surah At-Thalaaq: verse 1)

That is hudud Allah, so do not indulge. Those who transgress this hudud so that those who do wrong. (Surah Al-Baqarah: verse 229) and whoever disobeyed Allah and His Messenger and Allah, He will violate hudud enter into everlasting fire is in it and the lowest penalty. The word "hudud" is a word more than "limit". In the Arabic dictionary, "limit" means:
- It made for a restriction
- The split between the two
- Spend a
- Prevent someone from committing the offense and others.

Meaning-the meaning of the above provide a understanding of why the term "limit" is used for some offenses such as theft, adultery, drinking alcohol, and so on. Intended use of human awareness that this sentence could prevent people from committing crime. Hudud is also a good lesson to all men, to change behavior from bad to good.

The purpose and wisdom in implementing hudud Islam, as contained in the above sense, is for the good of mankind to survive the punishment of the world and a very important survivor of torture in the hereafter. Without implementing hudud laws, the men will face the punishment of Allah humiliated. In the jurists gave this as the definition of hudud; penalty prescribed punishment must be carried out to fulfill the rights of Allah.

Implementation of the Islamic hudud even in the face of disaster seems like a fairly hard and rough on the offender, but in reality it is a mercy to the offenders themselves and to society at large. Mercy to the offender for the sentence to be menyedarkannya and return to the road spend good. It also aims to prevent people from doing things that terkeji in the presence of religion. To do that would harmonilah public from criminal injury.

General public more aware of the disadvantages of hudud deliberately produced by the enemies of Islam know the benefits. Coincidently Muslim countries today, most do not carry out these punishments. As a result, the advantages of carrying out the sentence can not be seen as something real.

If a good review hudud law from the fact that there is, keep a clear perceived advantages to the betterment of Muslims. Some Islamic scholars have written about the advantages of such laws as follows:

Dr. Abd. Hamid Al-Mutawalli wrote in his book, "Al-Shari'ah Al-Islamiyyah Kamasdar Human Liddudtur" (print a), reported on page 74 with the means that they all hudud are actually a threat to the basic purpose of criminals to eliminate crime. If implemented properly would not have people willing to commit the crime but only a few people.

Abdul Qadir Audah, in his book, "At-Tasyri 'Al-Al-Islamiy Jina'I Muqarina Bilqanun Al-Wadha'I" (first printing, 1368H) on page 652 there is mention of means: The Hijaz before Islamic law be implemented, the The country is the worst in terms of security. People wanting to visit or live in the country will not feel safe himself, of his belongings and his family. In many parts of the country, there have been criminal conduct, theft, robbery and so on. When implemented Islamic law, Hijaz becomes a peaceful nation.

Dr. Al-Qadi. Amir Abd Aziz in his book, "At-ta'zir fi Al-Shari'ah (3rd printing, 1377H) on page 425 mentions that means: official statistics on crime in Saudi Arabia showed that penthabitan criminal behavior and performance are not judged occur unless the count roughly once or twice a year, although the situation in the country can be said to promote crime that can be done easily.

Al-Sheikh Abu Zahrah in his book, 'Philosophy of Al-`Uqubah' (the first part, printed in 1963) on page 96, there is mention of means:
Indeed, narrated from Hisham ibn Abdul Malik, that he was suspending hudud year at the time of the government. Because the crime occurred a sudden increase in mass.

Community has feared for their safety has been threatened by criminals. After the situation deteriorated further, Hisham ibn Abdul Malik was declared the enforcement of Islamic law in the crime. With the declaration that only has shown that criminal behavior suddenly subsided, and can be controlled. All the above context can prove that the benefits contained in Islamic law, if implemented highly profitable human. Therefore, hudud and prevention may be the border that will give the people peace and well-being.

In the Quran Allah s.w.t. saying "Qisas" is the sentence which says: "O those who believe it was prescribed for you Qisas for those who kill. (Surah Al-Baqarah: verse 178)

And we have enjoined upon them in the (law) that lives rewarded with a life, eye to eye, nose to nose, ear to ear, tooth for tooth, and wounds have been qisasnya. (Surah Al-Ma'ida: verse 45)

And for you in the implementation of the Qisas is saving lives, you who have faith, you might fear. (Surah Al-Ma'ida: verse 179)

The word "Qisas" in terms of language among other means:
- Cut with scissors
- Break ends with a cutter - anything with a separate, etc.

When words mean so from Arab dictionaries used as a term of law in the punishment of the offender to repay with justice and equity as done, give us an impression that the implementation of retaliation, criminal conduct that can be cut or stopped. As though their faces when Qisas is implemented, will be settled at the incident and terminated kemaraannya than continue in the community. Comparison between Islamic law and the law's creation can be seen with reference to examples of cases that can be included in the provisions of this retaliation.

We took a sample of offenders sentenced in the case of cut wounds. In the law's creation, for the case, the offender shall be punished by a fine or imprisonment. While the claim was not getting anything. But in Islamic law, if found the claim, the claimant will be given the right to respond to the offender as a penal received earlier.

Wound response wounded, broken broken cross, and so on. In the event of a claim does not like to reply, but like to be compensated, then it may do so. Or if they want to forgive, let him do so. It is clear here that the benefits provided by the Islamic law which granted full rights to the persecuted of the three options mentioned earlier.

In the Quran Allah says which means: "And you help them, and lend to Allah a beautiful loan. Indeed, I (God) will cover your sins and I will admit you to Gardens under which rivers run. (Surah Al-Ma'ida: verse 12)

But those who believe with him to honor him and follow the light which came with it is they who are successful. (Surah Al-A'raf: verse 157)

So you gentlemen believe in Allah and His Messenger, to help strengthen (his religion), raised him and glorify Him morning and evening. (Surah Al-Fath: verse 9)

The word "a za ra", "azzara", "ta'zeeran", and defined in dictionaries of the Arabic meaning:
- Provide a powerful aid
- Avoid and prevent
- Hitting with an effective stroke
- A strong defense

From the verses in the Quran today, with the meanings clear and the meaning of the terms of the language, ta'zir in this relationship seems to make Islamic law is included in the law would be the best ta'zir good help from the government and civil society to prevent criminals from committing sins after ta'zir law is implemented.


Overall rule of law in the world today is to organize the life of this world alone. While humans are creatures who will live in the wider environment and longer than the earth after its death.

Human life in the universe is only temporarily, while waiting for death to begin a new life with all maslahahnya. Islamic law does not ignore the temporal aspects as deemed by the makers, legislators created.

Even more concerned about actual human dignity, the faith of God's compassion. In order to maintain the faith of Islam down the rules and laws to protect all human needs.

Essentially the purpose of God revealed the laws and regulations is to keep his five key areas that are of concern to human beings:
i. Religious care
- By way of punishment for the murder of apostates
ii. Life care
-To punish the murderers Qisas
iii. Reasonable care
-With menyebat who drink intoxicating liquor
iv-Taking care descent
, The judge rejected one or stripes on the crescent adultery
v-Taking care of property, the judge cut off the hand (thief) or hands and feet (robbers)

Al-Imam Al-Ghazali in his book "Al-Mustasfa", volume 1, page 287, there is mention of the purpose: indeed keep the betterment and prevent damage to the dreams and ambitions of all things pure. Goodness and happiness is completely stopped on reaching the goal. What is meant by "maslahah" is the purpose of preserving Islamic protect the religion, life, intellect, lineage, and property.
Whatever led to terpeliharanya five thing, and that he "maslahah. Each item that can lead to damage to one of five or in whole, then it is disadvantages and damages must be resisted.

Syari'at Islam is a priority syari'at maslahah people. Whether secular or ukhrawi problem. All rules and regulations implemented in human society is to ensure the five items mentioned above that reserved the best.

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