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Before jumping to conclusions that these divine commands represent a bloodthirsty monster, let’s clarify what the prohibition of anti-Islam legislation entails. It means that no law can be enacted that undermines the divine rights granted to citizens or dismisses any command of Allah and His Messenger. For instance, the Messenger of Allah (ﷺ) has encouraged raising one’s voice against oppressive rulers, promoting political engagement. Therefore, Parliament cannot pass laws that inhibit citizens from participating in such activities. This establishes that if there is no threat to peace, the enforcement of Article 144 would contradict Islamic principles. Its application in the absence of a peace threat would infringe upon the citizen’s right to express their views.
Likewise, one of Allah’s commandments is that men should cover themselves from the navel to the knees, and women from head to ankle, in the presence of non-mahrams. This commandment is directed at Muslims, meaning that our Parliament cannot legislate laws permitting women to wear bikinis in public spaces.
In matters of legislation, Allah Subhanahu Wa Ta’ala has largely entrusted the legislative system to His servants. Even within the domain of crime and punishment, there are only five prescribed punishments, known as Hudud, which are non-negotiable. The remainder of the legal framework is left to the discretion of Muslim jurists. Historical Islamic jurisprudence often reflects this flexibility, with jurists recommending punishments for certain crimes while also stating, “or such punishment as the judge deems fit.”
Consequently, judges can impose alternative penalties based on their judgment. For example, some judges in recent times have given sentences like community service, which are not specifically outlined in legal texts. The key takeaway here is that while Allah prescribes only five punishments, the broader legal system crafted by Muslims is still considered “Islamic Law,” as long as it aligns with Islamic principles.
The same applies to the economic system, where usury is prohibited. This means that a system cannot be based on profit derived from interest. However, in situations where Muslims find themselves in a state of decline and are operating within international frameworks dominated by non-Muslims, engaging in interest-based transactions can be permitted out of necessity. This demonstrates Islam’s inherent flexibility, acknowledging that there are scenarios where one must adapt to survive, rather than adhere strictly to a nonprofit model.
Islam accounts for compulsion to the extent that it provides ease in prayer for those who are unwell. For example, if a person cannot stand due to dizziness, they may sit; if they cannot bow while sitting, they may bow their head instead; and if bowing the head is impossible, they can use their eyelids. In dire circumstances, such as famine or danger, individuals may resort to consuming prohibited food to save their lives. If someone is threatened at gunpoint and told to renounce Allah or His Messenger, they may do so to preserve their life.
Importantly, Islam does not limit its guidance to major social issues; it also addresses seemingly minor matters. For instance, regarding roads and highways, it prohibits unnecessary gatherings that could impede traffic, including military convoys. This measure aims to protect the movement of ordinary citizens. Given the modern mechanized age, military convoys require road access, so their usage is regulated to minimize disruption, such as scheduling their passage during off-peak hours and designating lanes specifically for them.
However, in the context of Pakistan, a significant issue arises concerning political and religious parties utilizing highways for political activities. It appears that some religious groups either lack awareness or intentionally disregard the Messenger of Allah’s (ﷺ) guidance. Parliament should legislate that political parties may only use highways for events when a significant number of citizens participate, effectively making it a genuine mass gathering.
Moreover, severe penalties for violations could simplify matters; for instance, if an ambulance is delayed due to political activities resulting in a patient’s death, the party responsible could be charged with murder.
Regarding the education system, neither Allah nor the Messenger of Allah (Peace be upon him) has imposed a specific curriculum. What exists today is largely a construct created by scholars for religious education. They have selected certain books for various classes, believing that completion of this curriculum qualifies someone as a religious scholar. This system, driven by private interests, has flourished due to the government’s negligence towards Islamic education. If the government had prioritized this education, there would be no need for private madrasas, highlighting that even vital subsystems like education are determined by the people, provided they do not incite rebellion against God.
To cut the long story short, this writing does not serve as a comprehensive presentation of the Islamic system, which would require a book-length discussion. Rather, it aims to illustrate that approximately 90% of the Islamic system’s formation has been delegated by Allah Subhanahu Wa Ta’ala to the Muslim legal community. This delegation acknowledges that civilization evolves over time, necessitating new legislation to address emerging questions. For instance, traditional media like newspapers and television had established laws, but with the advent of social media around 2005, new regulations became essential.
Thus, the apprehension that the Islamic system may revert to archaic methods, such as returning to travel by camel, is unfounded. Allah’s guidance concerning systems rests on three fundamental principles: first, the Muslim system will be grounded in mutual consultation, meaning Parliament holds authority; second, human rights must be safeguarded; and third, the distinction between halal and haram must be maintained. By adhering to these principles, Muslims can establish their own system as desired, provided it aligns with these tenets and does not contradict any religious directives. This approach affirms Allah’s sovereignty.
