Part 6

THE ISLAMIC LEGISLATION
THE ISLAMIC LEGISLATION (AI-Shari'a)
ITS MEANING; THE NEED FOR IT;
ITS BIRTH AND EVOLUTION; ITS PERFECTION 
           When we use the word 'Legislation' (Al-Shari'a) we mean all the rules laid down by the Almighty for Muslims in their religion, whether mentioned in the Quran or laid down by the Prophet. It thus comprises the principles of religion and explains everything relating to God and the other world. It also comprises research in the science of Al-Tawhid and the science of Al-Kalaam.

      This legislation also encompasses the way a person lays down rules of conduct for himself and his family. It prescribes social relations and the ideals which should be pursued. It also shows the means of attaining these ideals. All this is known to us as the science of ethics.

     Legislation then defines to us what should and should not be done. It is parallel to what is known to us today as the law.

     Thus we find that one of the scholars who took pains to define scientific terms Muhammad El Tahauwi, says in this respect "Legislation is the body of rules set down by God through one of the Prophets. If it deals with any of our actions it is called actionary and supplementary .If it deals with conviction, it is basic and convictional, with no utterance".

      He showed that there is a difference between Legislation and conviction or the study of religion, although he pointed out that sometimes the difference is overlooked, especially when a broad term is referred to instead of a minute detailed part of it.

      Before El Tahauwi we find that Abu Ishac El Shatby made a distinction between the two terms in his introduction to his book ."The Parallels in the Origin of Legislation". He says that Legislation draws the lines for Muslims in their deeds and utterances and beliefs. That is what it embraces. This statement means that Legislation is synonymous with religion, not with research which does not deal with beliefs. Beliefs and convictions are left to the science of Al-Tawhid.

     The Arabic language has defined the word "Legislation" before defining the word "Fiqh" (Jurisprudence). It is mentioned in many  parts of the Quran. "Then We put thee on the (right) way of religion so follow thou (way),"

    This reference to Legislation puts it apart from the Christian Legislation or the Legislation of Moses. It means religion in a broad sense.

     The word Fiqh was not known in the Arabic language until Islam. Ibn Khaldoun mentioned it in his Introduction. He wrote: Fiqh is the knowledge of the rules of God Almighty, rules descending from the Book. If laws are  derived from these rules and signs, then they are called fiqh.

       He then goes on to say that those who derived these laws at the beginning of Islam were called readers, as opposed to those who could not read the book, because illiteracy was prevalent then. Afterwards Islam prevailed in many countries, and illiteracy was removed by reading the Book. It was possible to derive meanings and Fiqh was perfected. It became a science, and the name was changed from readers to scientists or Foqaha.

THE NEED FOR LEGISLATION
       The Islamic Fiqh is like any other material or moral idea. It must pass through steps of evolution. It must develop until it reaches its grade of perfection and growth. It must then pass through a phase of aging.

       The Arabs, in whose language the Book descended and who became the bearers of the banner of Islam, propagating it in all countries of the earth, were really an illiterate nation. They did not possess what their neighbours the Romans or the Persians possessed in the field of science or philosophy and culture.

      The Arabs were only interested in the science of words and poetry, and in the narration of biographies and history. They also paid some attention to the science of prophecy which their life and circumstances forced upon them. "Not to know the facts, and not to practise science" as Saed the Andalusian who died in the year 462 Hig. says.

       We find others beside him referring to the cultural scientific state of the Arabs before Islam. History has kept for us everything they found.

       Among them was Abu Ishac El Shatby who says that the Arabs had some interest in "the science of stars", and how they lead to safety on land and at sea, how time changes with the movement of the stars. All this is also mentioned in the Book, in the Quran.

      The Arabs were also interested in the winds, and the rains and the clouds and the tempests. The Quran and the sayings of the Prophets have shown to us what is right and what is wrong in this respect.

       The Arabs studied medicine which was based on experiment, not on the original bases known to some of the Greeks. Besides all this, the Arabs had naturally a pattern of rules that did not descend from a legislative power as happened after Islam.They were rules taken from tradition and circumstances, taken mostly from neighbouring countries, like Syria, where Roman law was enforced, or like Iraq, where Persian law was enforced. Yathreb or Madina later was governed by Jews and they had their Mosaic legislation.

       Furthermore, we all know from the history of nations and peoples, no matter how civilized intellectually or scientifically, that their society must have a set of laws on which to base its transactions and personal relations, like marriage for instance, or like dealing with crime and criminals, and other problems of life.

        The Arabic society in the Arab Peninsula was no exception to this fact before Islam, because on this depends the existence of the species, and on this civilization is built.

       We all know that the Arabs before Islam knew many rules, which were later revised by Islam. Some of them were recognized by the Prophet, especially after their crystallization into rules of conduct which they followed in their dealings. This shows that Islam dawned on a community which had its own laws and traditions.

        The Arabs were very well trained in matters of transaction like selling, pawning and mortagage, investment, speculation and leasing. Islam acknowledged many of these when it was found out that they were suitable for use. It abolished many others when they were found to be useless or inappropriate. Usury was among the prohibited customs. Islam found that it entails taking money to which one has no right. Islam also forbade a number of transactions which we shall refer to later, because they were a cause of deceit and disagreement.

To explain this we would like to relate the following:
        It was told in the book of law of Abu Dawoud and Ibn Hanbal that the Apostle told El Saeb Ibn Abu El Saeb once on the day of Fath: "You were my partner, and a good partner, you were honest and forthright." Ibn Hisham, talking about the marriage of the Apostle to Khadiga, the daughter of Khowayled, said: "Khadiga was a merchant, with honour and money", hiring men through her money, speculating with it, thus benefitting them.

      We know then that the Arabs knew about partnership and speculation. Islam approved of them too, because life cannot go on without them. Islam then laid down the rules and conditions for them so that the outcome would be for the good and benefit of all within God's Legislation and according to His Prophets rules.

      The Arabs knew also of the transaction of selling something, some crop or product, while it was on the trees or in the field. The Prophet has accepted this kind of transaction while forbidding the selling of something non-existent.

       To this the two most important Imams, Al-Bokhari and Muslim, refer, saying: "The Apostle, the prayers of God be upon him, came to Madina and found that people were lending dates to each other. He said: "if one lends anything, it should be weighed properly and lent for a certain length of time.

     As for personal relations the Arabs recognized certain rules in the relations between man and woman. Islam approved what suited its legislation and forbade what it considered open illegitimacy.

     It is said that the Imam AI-Bokhari mentioned in his "Sahih" that the rites of marriage in Pre-Islamic days were of four kinds. One of them resembled what is followed today in the sense that a man proposes to another for the hand of his daughter or ward then he pays her dowry and marries her. This was approved by Islam after laying down certain rules and limits. This kind entailed the necessity of engagement and dowry. A woman, also, was never forced into a marriage.

    It was related in the book "Al Aghani" by Abul Farag Al Asfahani that Al Hareth Ibn Ouf Al Marry came to Aos Ibn Haretha Al Taie asking for the hand of one of his daughters. He had three. The father laid the proposal before the eldest and the middle one. They refused him. So he went to the youngest, telling her that the man was one of the highly placed persons of the Arabs. She answered that they were of good family too and that she was not ugly or incapable and that she would accept, but if he divorced her God would never forgive him.
 
      That shows that the Arabs before Islam knew of some of the rules of Islam in marriage. They also knew about divorce, although they were not  tied down by any number in divorce.

      It was also related that Aisha, May God be pleased with her, said:" A man in Pre-Islamic could divorce his wife as many times as he wanted. He could even remarry her during her preparatory days, even after divorcing her a hundred times or more. For that reason the Quran limited the number of divorces to three after which there is no reconciliation."

       The Prophet, prayers of God be upon him, married Khadiga through the rite of engagement.
 
      Abul Abbas Al Mobrad, who died in the year 285 of Al Higra, says:" Abu Taleb stood up when the marriage was announced to say: Thanks to God, that we are the offspring of Ibrahim and Ismail, and that He gave us this land and this House to visit and made us rulers." Muhammad Ibn Abdallah, my nephew, is a person unequalled in Quraish, in his kindness and wisdom. If he has no money, money is not immortal. It comes and goes. He wants to marry Khadiga, daughter of Khowayled ,she also wants to marry him. What you want for her dowry I shall pay."

      Abu Hisham says that Abu Taleb said: "You all know Muhammad. He has proposed to Khadiga and has paid her dowry the immediate part of it and the late-part. " They were then duly married. The Uncle of Khadiga Amr Ibn Assad and her cousin Waraqa Ibn Nofal attended the marriage which was also witnessed by many of the high ranking persons of Quraish.

     Thus we find that the Prophet performed his marriage on the rites approved by Islam. He paid a dowry, and he called witnesses so that the marriage was made public.

      In other personal relations the Arabs before Islam disapproved of murder: They made murder permissible through another murder, as vengeance. A killing that was not premeditated was punishable by the payment of a ransom. Islam did not approve of this ransom, but approved what they called the oath, which meant that fifty persons should be chosen by the head of the tribe and then swear that they did not kill or see anybody kill the person. They should also swear that they do not know the murderer. Then the ransom was paid by all the people of the town. The Prophet, as mentioned in Al-Bokhari, approved of ransom and ordered it when one of the Ansar was killed in Jewish territory and nobody knew who had killed him.

      We find from all this that although the Arabs in pre-Islamic days had their rules and traditions to follow in their everyday life, they could not base a community that was  perfect on them. They were in great need of Islam and its legislation.

     Actually Islam appeared at a time when the Arabs and the whole world were in great need of it. It came with the true conviction and the right legislation, and the right system on which a sane community could be founded,so that it could take part in the resurrection of the world and its development into the world of progress and civilization.

THE ORIGIN AND DEVELOPMENT OF LEGISLATION
       This legislation as we know it today did not spring off complete and intact. It passed through phases of development until it reached perfection, thus following the rules of nature.

        But before the death of the Prophet the legislation was complete and perfect. The Ulema and the philosophers did not introduce anything after His death. They went back to what had been perfected during His lifetime to be inspired by what was in the book. Then they put the rules into practice according to the place and to the circumstances and to the public interest.

      Legislation progressed on the bases of the Quran and the rules of the Sunna, whether spoken or acted or decisive, after a period of 22 years in which the Quran was completed, when it was said:
"This day I have perfected your religion for you, completed my favour upon you, and have chosen for you Islam as your religion."

       This part of the Quran is said to have been sent on the day of the pilgrimage in the tenth year of Al-Higra. Some say that it was the last saying of the Quran. Nevertheless the Prophet stayed alive after it for 81 nights.

      We must notice here that only two-thirds of the  Quran were revealed at Mecca and did not comprise any rules of legislation. They were only meant to call for the unity of God and the discarding of all other imaginary gods. They were also meant to give proof of that and of the fact that the other world exists. Another purpose was to calm the Prophet and to encourage him in the face of all the difficulties he was meeting at the time. It contained many examples of what the other Apostles and Prophets had encountered in their path. As for legislation it only came in the civil parts of the Quran which comprise about a third of it.

     This was quite logical, for the first duty was to drive people away from false religions and to lead them to the right one. The part of the Quran, which was Mecca, contained, however, some practical legislation which was offered in a general way and not in a detailed one. After the victory of the Prophet was ensured and his religion was solidly stabilized and people began to gather under its banner, it was then time to lay down detailed legislation which would regulate the lives of the Muslims and their dealings and their community. This was all done in Madina. Islam and Muslims started to have a state in Madina, a state which needed rules to draw the line between it and other states. That was the reason for the many legislative measures which arose in Madina.

     It was also natural that such measures should spring up gradually whenever the need called for them. This was meant to facilitate matters for Muslims and to alleviate any embarrassment which might arise from the fact that the Muslims were in the circumstances and traditions of a life which was different from their previous way of life.

       If one reads the Quran carefully one finds that it contains answers to questions asked by the Muslims of the Prophet when they needed solutions to some of the problems they met in the course of their lives. It also contains legislation sent down without any questioning. We find that the Quran contains many terms such as "They ask you" or "They need your advice."
 
     Thus we find that legislation during that time depended on these two great origins ; The Quran and the Sunna. If the Prophet was confronted by a problem which asked for the advice of the legislature, he looked for Godly inspiration. If it descended upon him it was enacted. If it did not, that meant that God had delegated His Prophet to find out the necessary legislation knowing very well that he would do it free from partiality or prejudice.

      At other times the Prophet made the effort of passing judgement. God only agreed to  this judgement if it was sound, although the Prophet sought the inspiration of God's law and His legislation. We must then deduce that all legislation won by Muslims during the life of the Prophet was donated as a gift, either through the Quran directly or through the Prophet himself.

   We are not going to discuss the argument which arose between many people as regards the judgement passed by the Prophet. We only draw attention to the fact that the Prophet had sometimes his own judgement which was not agreed upon by God. God reprimanded the Prophet for that.

      It is mentioned in the book of the Imam Ahmad Ibn Hanbal who died in the year 421 of Al Higra that when the Muslims were victorious on the day of Badr, they captured many of the polytheists. The Prophet asked Abu Bakr, Omar and Ali what to do with the captives.

      Abu Bakr said "O God's Prophet, those are our cousins and kinsmen, I think we should collect ransom from them and then that would be a lesson to them. They might afterwards become a help to us."

     Omar said "I do not agree with Abu Bakr but I want you to give me freedom and to allow Hamzah to break the neck of someone else, so that God will know that we have no sympathy for the polytheists, because those mentioned are their leaders and heads."

    Omar goes on to say that the Prophet liked what Abu Bakr suggested but he did not like his opinion, so he took the ransom from the captives. The next day I went to see the Prophet and I found him with Abu Bakr and they were both weeping. I asked the Prophet why he was weeping, he and Abu Bakr, so that if I were convinced I would join in weeping.

   "The Prophet said that he was weeping at what befell his friends through taking the ransom from the captives. Their torture, he went on, is lower than this tree. And he pointed to a tree nearby.

   "It is not fitting for a Prophet that he should have prisoners of war until He hath thoroughly subdued the land. Ye look on the goods of this world; but God looks to the Hereafter and God is exalted in Might, wise. Had it not been for a previous ordainment from God, a severe penalty would have reached you for the (ransom) that ye took."

   We find that the Prophet sometimes passed his own judgement after consulting some of his friends. But God did not agree to this opinion and revealed in the Book that the right judgement differed from the one made by the Prophet.

      Another example was the Occasion when some hypocrites asked the permission of the Prophet to be absent from the campaign of Tabouk; - the Prophet agreed despite the fact that the excuses they offered were flimsy. Some of the believers also were absent from the campaign. God Who knows what is inside the hearts and minds did not agree the granting of this permission. He explained to his Prophet that he should have differentiated between sincerity and hypocrisy before granting permission.

       In this respect the Quran said "If there had been immediate gain (in sight), and the journey easy, they would (all) without doubt have followed thee, but the distance was long, (and weighed) on them. They would indeed swear by God, `if we only could, we should certainly have come out with you': they would destroy' their own souls; for God both know that they are certainly lying. God' give thee grace ! Why didst thou grant them exemption until those who told the truth were seen by thee in a clear light, and thou hadst proved the liars?"

      All this means that the Apostle was not right in his judgement, because some of these people were believers and some were hypocrites
      We said that legislation during this period was based on two origins, the Quran and the Sunna. The Quran gave the broad rules in a general way and the Prophet had to look into the details of these rules and define them.

      We find, however, in the Sunna much legislation that the Quran does not contain, although it does not differ in its content from the spirit of the Quran or from the intentions and eanings contained in it .This is no wonder, since the duty of the Prophet is always the explanation of his message in a way that corresponds with the intentions of the sender of the message, Almighty God.

       The role of the Prophet then was the role of explainer, an inspired explainer under the guidance of God. The Sunna explained the generalities of the book in detail whenever the occasion called for such an explanation. For exemple :

      1- God ordered the believers to pray. This was mentioned in the Book. But the Book did not show the Muslims the times for prayer nor the number of prayers per day nor the number of kneelings that happen in each prayer. In short no detailed description of the rules of prayer came in the Quran. The Sunna showed clearly all this. When the Prophet prayed he looked at the believers and said "Pray as you see me do." Abu Horayra and others showed clearly how the Prophet prayed.

        2- The same applies to fasting. God ordered the Muslims to fast "Ramadan is the (month) in which was sent down the Quran, as a guide to mankind, also clear (signs) for guidance and Judgement (between right and wrong). So every one of you who is present (at his home) during that month should spend it in fasting, but if anyone is ill, or on a Journey, the prescribed period (should be made up) by days later."

     The Prophet defined the month and said that it is a moon month not a sun one, and also defined that fasting starts at dawn and lasts till sunset, and that the month of fasting starts with the appearance of the crescent and ends with its new appearance. The Prophet also gave the judgement upon him who does not fast whether intentionally or out of forgetfulness.

     3- The same applies to Al Zakat. Zakat was ordered and mentioned in many parts of the Quran God said:" practice regular charity," and said: "of their goods take alms, that so thou mightest purify and sanctify them.." The Almighty said also: "but render the dues that are proper on the day that the harvest is gathered," and said "And those in whose wealth is a recognized right for the needy who asks and him who is prevented (for some reason from asking)."

       But it was the Sunna that showed the amount of wealth that constitutes Al Zakat. It also defined the percentage of money or products or investment or livestock.

      4- As for the Pilgrimage, the Quran says: "Pilgrimage thereto is a duty men owe to God, - those who can afford the Journey. " "And complete the Hajj and `Umra in the service of God," and mentioned Ihram saying : "and do not shave your heads until the offering reaches the place of sacrifice," and mentioned standing on mount `Arafat `, saying: "Then when you pour down from (Mount) `Arafat', and as for plying between Safa and Marwa God said "behold! Safa and Marwa are among the symbols of God," and concerning circumambulation God said: "And sanctify my House for those who compass it round, or stand up, or bow, or prostrate themselves (Therein in prayer").

        The Sunna defined the way of Al Ihram - its time and when it was necessary. It also defined the number of circumambulations of the Kaabah and the standing upon Arafat and for how long. All this became known to us through the actions of the Prophet which were mentioned by his disciples.

    So we find that the Sunna was an explanation of the Quran. "And We have sent down, unto thee (also) the Message; that thou mayest explain clearly to men what is sent for them.''

     The Prophet was a legislator through his actions and words, even of many of the rites that were not mentioned in the Quran, as what happened in Zakat Al Fitr (zakat of the Feast of Lesser Bairam). The Prophet always had in mind the spirit of the Quran, and the good it contains for humanity.

     Thus the legislature was quite complete and perfect at the time of the Apostle's death.

       "This day l have perfected your religion for you, completed my favour upon you, and have chosen for you Islam as your religion."

      When Islam spread to the east and the west, to the north and to the south, it encompassed Iraq, Syria, Egypt and the countries of northern Africa and other countries. Each of these countries had its own civilisation which had many angles. Each country also had its traditions, rules and laws. When the Arabs mixed with the peoples of these nations they were affected by their ways of thinking and behaviour.

     Despite all this, things happened which needed the provision ,of legislation apart from the Apostle's legislation, owing to, the development of dealings and transactions. This need had a big influence on the progress legislation.

       Another element which was influential in that sense was the emigration of many of the followers after the time of Omar Ibn El Khattab to many of these lands. They took with them much of the Prophets' legislation. They deduced from this many laws.

      All these elements had their effect in the appearance of many studious researchers. Many of the believers read the Quran and tried to analyse most of its sayings to make their concept quite clear with no misunderstanding:
     Thus the Islamic studies took shape. Their origins began to be recognized, meaning the Book and the Sunna and relativity and social concept. Many of the traditions and rules of the different countries which, came under the banner of Islam affected the legislation in a way that was strong and quite widely felt.

      As for the period that immediately followed the disciples of the Prophet ,we cannot afford but recognize their true understanding of the spirit of the Quran. Actually they were nearer than we are to the understanding of this spirit. We must nevertheless make allowance for the change in environment and habits and laws, and we must recognize the influence such a difference ought to have. If Omar Ibn Al Khattab sought the advice of Abu Bakr, as was mentioned before, that does not mean that he acted according to this advice always. There were differences of opinion between the two owing to the change of time.

      We think that it is advisable to state some examples of such differences, so that we may be able to discern the cause of them.

       Abu Bakr used to equate between Muslims in donations. When he was reminded that there is good in preference owing to the fact that some are better than others, owing to the efforts and struggle for the sake of God, Abu Bakr used to say that he was well acquainted with all these facts, but he would rather leave the preference of God. As for donations and gifts, he, Abu Bakr, thinks that equality is better than preference. He said: "Their qualities are known to God. As for donations or pensions, equality is asked for."

      When Omar came, riches came with all the military campaigns. He differed from this opinion of Abu Bakr. Omar did not want to treat those who had fought against God's Prophet on the same lines as those who had fought with him. He said:" I am one of you. We all follow the Book and the Prophet's legislation. A man is preferred if he is a veteran in Islam or if he is a rich person or if he is in great need."

      Thus Omar preferred some over others. He, however, was seeking also equality, because it is equality in Islam to give each owing to his needs. It is not equality to make all people rich or wealthy. Each should have his share which is due to him through his efforts and struggle for the glory of Islam.

   Omar says in this respect: "Ibn El Khattab only wants  justice and equality.

      But what had the most strong influence and effect on building up the state at that time was the difference of opinion between Omar and the followers as regards the distribution of land among the Muslims after their victory and their conquest of these lands. There was an opinion which said that it should go to the fighters who had the honour of conquering it.  Another opinion was to leave it to its owners and levy taxation on it for the benefit of the Muslim throughout the years.
 
        When Iraq and Syria were conquered Omar though that the land should not be distributed among the conquerers, but it should be taxed for the benefit of the Muslims and their off spring. He said "How would it look if we distribute the land and give it to people who are not its inheritors ? This is not the opinion of God in The Book." (Some part is due) to the indigent Muhajirs, those who were expelled from their homes and their property, while seeking grace from God and (His) good pleasure, and aiding God and His Prophet: such are indeed the sincere ones; - But those who, before them, had homes (in Medina) and had adopted the faith, - show their affection to such as came to them for refuge, and entertain no desire in their hearts for things given to the (latter), but give then preference over themselves, even though poverty was their (own lot). And those saved from the covetousness of their own souls, - they are the ones that achieve prosperity.

       And those came after them say:
"Our God ! forgive us, and our brethren who came before us into the faith, and leave not, in our hearts, rancour (or sense of injury) against those who have believed. Our God thou art indeed full of kindness, most merciful."
 
      But the opposers of Omar did not very much relish the denial by Omar of the land that they had gained through their swords and his opinion of distributing the gain among people who had not taken part in the campaign. Abdul Rahman Ibn Auf said: "The land and its owners are War loot given to the conquerers by God. Four-fifths of it should go to the conquerers as the Quran says: "And know that out of all the booty that ye may acquire (in war) a fifth share is assigned to God, - and to the Prophet, and to near relatives, orphans, the needy, and the wayfarer."

      When the difference became serious, Omar thought of seeking advice. He consulted the first emigrants. They also differed amongs themselves. He asked the judgement of ten of the followers, five from the Aous and five from Khazrag.

     When they met and his opposers explained, their opinion and their proof, he said, "There is nothing left to be conquered after the land of Kisra. I think that I am going to keep land with its owners and levy tax on them. Do you see these big cities? They need men and armies to guard them. Syria, Egypt, El Koufah, El Basra, they all need armies, and armies need money. If I distribute the land, where shall I get the money for the armies?"

    Finally Omar won. This was an inspiration from God for the good of one and all in the present and in the future. We notice that both parties based their opinions on the Quran. Those who opposed Omar were leaning on "Surat El Anfal" which said that the Apostle distributed the land of the Jews of Khaibar among the conquerers as encouragement.

   As for Omar he was referring to "Surat El Hashr" which said that the conquered land was too honourable to be distributed among the conquerers alone, especially that he was looking ahead to the future. In that he says: If I were the last Muslim, I would distribute the land we conquered, as the Prophet did with Khaibar". We find that he was right in his anticipation and that what he did was for the good of the general benefit of Muslims.

    Another difference as the one that arose in a matter of inheritance. Abu Bakr was of the opinion that a grandfather should alienate the brothers from inheriting as they do not inherit with the father according to the Book and the Sunna. Omar did not think the same. He did look upon the grandfather as a father. The brothers should share the inheritance with him while they do not with the father.

         Perhaps Abu Bakr had in mind what was in the Book:
       "And I follow the ways of my fathers, - Ibrahim, Isaac, and Jacob."

       Although Jacob alone was the father, not Isaac or Ibrahim who were grandfathers, Omar,May God be pleased with him  , looked at the reality not the metaphor.

     It was, also considered during the time of Abu Bakr and some years of Omar that if a man says once that he has divorced his wife three times, this means that only one divorce has taken place and thence reconciliation is possible. Omar then made it three separate times before it was impossible for a reconciliation to take place, unless the wife should marry another who would then divorce her before she could go back to her former husband. As regards this he said: " If people use haste in a matter which needs all the time and thinking they could muster, we make them pay for that. He made them pay for their haste in a thing that was the most hateful to God: divorce. Many of the followers disagreed with him in this. They thought that if a man pronounced the word of divorce three times, then it was a final one.

   We find that many of the followers disagreed with this opinion, following in that the judgement of the Prophet and Abu Bakr. Among those who disagreed were Ali and Abu Moussa El Ashari, Zubair Ibn El Awam and Abdulllah Ibn Abbas.

    The disagreement only took place when the Quran or the Sunna did not contain a phrasing that was intact. Into this came opinion and agreement was reached by improvisation or in view of the public interest. In any case they usually took the Quran and the Sunna for inspiration.

      We come to the conclusion that legislation was based on four origins: the Book, the Sunna, opinion or the common good, and finally the unanimity. Sometimes the situation itself calls for a kind of legislation, and sometimes it is a recognized way of action as it happened during the Apostle's time.

   After the time of the disciples comes the time of Moaweya Ibn Abi Sufian until the end of the first hundred years.

   This period starts with the year of the community, which was the forty first year of Al Higra, when all Muslims agreed to choose Moaweya lbn Abi Sufian the Omayad as Khalif after Hassan Ibn Ali, Grace of God` be upon him, abdicated for him. Thus begins the state of Beni Omayad.

This period was renowned in legislation for the following:
      1. Muslims disagreed politically; some were Khawarig, some Sunnis, others Shiaa. This disagreement had its mark on legislation. The Khawarig only recognized what their own men told them. So did the Shia'a. As for the bulk of Muslims they relied upon what had been proven right, no matter what the other sects thought of them.

      2. Owing to the spread of Islam through its many conquests many of the followers were dispersed in different lands, especially after the time of Omar Ibn El Khattab, who had forbidden the followers to leave Medina. Omar had not wanted them to be dazzled by the wide world which Islam is now encompassing.

      Many of those who dispersed were scholars, men of high culture who did not always approve of or agree with the legislation of the followers as regards religion. They would rather have gone back to the Book for advice.

     For the above two reasons we find that many of the sayings referred to the Prophet spread. Everybody related a saying that he himself had heard or which had been related to him by someone who had heard the Prophet say it.

     For that reason many of the sayings related to be said by the Prophet are not right. Some of them are even lies with the intention of perplexing the followers and the believers so that they would not know what was wrong and what was right.

     4. Some of the khalifs of the Omayad state were also very arrogant and adamant in their opinions, preferring to give up their predecessors' way of life, especially of those in Medina. Those khalifs also originated the principle of the heir to their positions a system which had not been known in Islam before.

    5. As a result some of the chosen followers and scholars aimed at creating the scholars of legislation, basing it on the two great origins, the Book and the Sunna. They thought that this should be the ideal law for the Muslims to follow. This was the beginning of theological legislation (fiqh).

      Among those scholars was Said Ibn El Mossayeb, who died in the year 93 of the Higra, who was applied when Moaweya made his son Ziad heir to him, ignoring thereby the legislation and succumbing to political pressure. Said used to say: "May God oppose someone (meaning Moaweya); he was the first to change the legislation of God's Prophet."

      6. Many opinions were given whenever anything or any incident asked for a decision. Muslims found themselves living in a world of new laws and traditions, which had to initiate new legislation.

      We must here add another reason for this new legislation, which was that most scholars found it wiser to improvise in interpreting the Book owing to the many different versions of the Prophet's sayings, related by not very authoritative sources. One problem was tackled by many different and contradictory opinions.

      7. Two trends in legislation appeared, the trend of those who adhered to the sayings of the Prophet and the trend of those who adhered to opinions of scholars.

   Most of the followers preferred to legislate according to the Book and the Sunna. If they failed to find in these two origins a solution to the problem confronting them, they referred to the opinions, although it is said that many of them did not think highly of opinions.

       When the followers were gone those who adhered to the sayings of the Prophet appeared, and so appeared some who stuck to God's legislation, according to the meanings and goals it contained.

      That is why one should respect the opinion that has sprung from wisdom, otherwise we find that legislation becomes a frozen, static thing, especially that the sayings were not related honestly or authoritatively.

      Most of those who adhered to sayings lived in the Hijaz and most of those who adhered to opinions lived in Iraq. This is no wonder since Hijaz was the birth place of the Sunna and Iraq is a fairly new country with its ancient civilization and its big share of legal knowledge before Islam, a country where different mentalities blended, giving rise to the need for opinion and legislation whenever it was difficult to refer to the Quran or the Sunna which Iraq hardly knew.

       Each of these two groups had a president. Said Ibn El Mossayeb was the head of the group believing in sayings. He was one of seven who helped to spread sayings. Ibrahim Ibn Yazid Ibn Keis El Nokhai, was head of the group of opinion.

     Later the group of the saying spread and divided into Malki, Shafei, Hanbali, and Zaheri who were followers of Dawoud Ibn Ali. Those adhered to the Quran and the sayings. As for the Ahnaf they are part of the sect of opinion. The Ahnaf are related to the Sheikh Abi Hanifa, the founder of this sect.

     If we follow the origins of legislation we find many differences among the group of opinion and find many differences among the group of the sayings, owing to the difference in the origins they refer to.

     We end by saying that many opinions with different trends appeared during that time. We are simply going to refer to their opinions which the scholars of legislation laid hands upon.

THE PERFECTION OF LEGISLATION
    Now comes the time of maturity and perfection. This period is considered the longest in the age of legislation as it lasted for about 250 years. It started in the second century  of Al Higra and lasted till the middle of the fourth. During this period most of the big sects of Islam that we know today appeared, - the sects of Abu Hanifa, Malek, El Shafei and Ibn Hanbal of the Sunna and the sects of El Zaydia and the Imams of the Shiaa.

      Other sects founded by other scholars appeared during that period, but they became obsolete through the years, because they could not find anybody to hold to them and try to make them immortal.

      We should first all try to draw attention to the characteristics of this period. One of them was the uprise of the Abbasid dynasty after the fall of the Omayad. Its first Khalif was Abu El Abbas known by the name of the assassin, owing to the blood that was shed during his reign. The Abbasid state started with the year 132 of Al Higra .

     The uprise of this state is considered an important incident in the history of legislation because it was based on the name of religion. Its men were concerned with the religious life and consequently many scholars of legislation appeared during its time.

       It is also known of the Abbasid Khalifs that they held scholars of legislation in high esteem. We find also that the Imam Malek Ibn Alias addresses the Khalif Al Rashid with advice reminding him of his duties towards God and the Muslims.  We also find that this Khalif sends his two sons, El Amin and Al Mamoun to the mosque to attend the sermons.

      We also find that Al Rashid asks Abu Youssef, the disciple of Abu Hanifa, to write a book from which he may gain inspiration for the financial administration of the state.

The book was written and called "Al Kharag", and in its introduction he addresses the Khalif saying:
   "Try to govern by justice and do not stray or else your subjects will also be led astray. Beware of prejudice and anger and beware of the wrath of God. Treat all people on the same basis, the far and the near. If God asks you what you do, await the answer."

      I recommend you to keep what God has left in your custody and only look at Him or else you will not see the right road and you will not know what to do. Treat yourself with severity because the ruler who is a spendthrift does not know how to repay what he has spent.

    Al Rashid was not the only Khalif to ask the advice of legislators. All of them did the same.

    No wonder then that legislation blossomed during this time. Many books were written describing practical way of using legislation.

      The Abbasid dynasty started in Iraq, the birthplace of the Persian civilization and other civilizations that came to the country, and mingled with the Arab civilization and the Arab mentality its best part - and produced the glory of legislation.
 
       The scientific movement also bloomed and blossomed owing to many elements, the first of which was. the translation of the books of philosophy from Greek into Arabic, and also the introduction into Arabic of much of the Persian and Roman heritage. It is only fair to say that the move for translation actually started during the time of the Omayad state but it took and gathered its force during the time of the Abbasids, and this thanks to the Khalif El Mamoun. The logic of Aristotle and his philosophy were translated into Arabic. Other books of philosophy by the outstanding philosophers were also translated into Arabic, Scientists and scholars naturally benefited greatly from all this.

     The Muslims also chose some from amongst their scholars to examine and study the saying of the Apostle, to point out the correct and discard the others and then to collect them in certain books known as the "Diwans" so that Muslims could refer to them as they refer to the Quran to know their religion and its legislation. This was a very good and appreciated step to preserve the origins of the Sunna.

     The most celebrated of these books are the ones known by the name of the "SIX BOOKS" as most of their authors were very careful in their study.

Those are:
1. Abu Abdullah Muhammad Ibn Ismail Al Bokhari, who died in the year 256 of Al Higra.

2. Muslim Ibn El Haggag Al Nisabouri, who died in the year 261 of Al Higra.

3. Abu Dawoud Soliman El Sagistani, who died in the year 275 of Al Higra.

4. Abu Eissa Mhammad Ibn Eissa El Tarmazy who died in the year 279 of Al Higra.

5. lbn Abdullah Muhammad Ibn Yazid El Kazwini, known as Ibn Maga, who died in the year 275 of Al Higra.

6. Abu Abdel Rahman Ahmad Ibn Shoaeb Al Nessaire, who died in the year 303 of Al Higra.

       All these books gave very rich subject matter to the scholars from which they could deduce legislative rulings. They also had their very noticeable influence on the growth and perfection of legislation.

   It was also natural that each scholar should stick to his opinions and to try with his disciples to base them on a solid basis which could have a logical leaning.

    That was how legislation had its many sects and principles. Some of them became obsolete while others remained immortal.

THE CHARACTERISTICS OF ISLAMIC LEGISLATION
AND ITS BASIS
       Islamic legislation has its own characteristics, some of which are a product of its nature and some a result of its evolution.

        We could summarize these characteristics as follows:
  1. It goes back in its general basis to God's inspiration.
  2. Its ruling are governed by the incentive of religion and ethics.
  3. Its reward is both in this world and in the other world.
  4. It has a communal tendency.
  5. It is liable to development according to the circumstances of time and place.
  6. Its aim is the organization of life, public and private, and the facilitation thereof, and it also aims at the happiness of mankind.

     We would like now to discuss each one of these characteristics in detail, not trying to compare Islamic legislation with the law unless such a comparison is necessary, because our major goal is concerned with the Islamic legislation alone.

THE GENERAL BASIS
      Islam came after all other religions had exhausted their aims, and the need arose for a message that would conclude all other messages and for a new religion that would lead humanity to a life of dignity and happiness with no differentiation between one race and another, or one nation and another, so that people would have one God only with the whole world as His temple.

     The message of Islam, therefore, was the introduction of the true belief after Judaism and Christianity had conflicted in its definition causing the world to divide into many groups, disagreeing amongst themselves. It is also to be noted that Islam aimed at defining the true system and law for the life of the individual, especially as preceding religions had been rather poor in that respect.

      The basis of Islamic legislation then is God's inspiration which we find in His Gracious Book and in the Sunna of His Great Apostle. In these two origins we find everything we know in the law, civil, commercial, criminal, constitutional or international.

      All scholars of legislation are bound by these two sources whenever possible unless there is place for improvisation.

    The law, however as it is known and practised today is from the making of man.

     That is why we find that men of law never stop studying it and explaining it as the scholars study and explain the religious Books.

     We also find that scholars do not need to fail to find a solution to any problem confronting them and if they do then the fault lies with them alone.

     We are here to discuss these two sources only which we have all agreed to represent the Islamic legislation in its general outlook. This is also the doctrine of the school of Ausentin which says that law is the will of a higher power with unlimited supremacy. We also find that some of the Islamic legislators found it necessary to adhere to the word like the Zaheriah, who insisted on bringing the rules of legislation from the word itself.

     This, however, leaves scope for many differences in the results inasmuch as some consider the law the will of a supreme power and some consider it the will of God for the good of the one and all.

     This also leaves scope for the differences in the results of a law like the Napoleonic law for example and the results of a law that adheres to the words of the Quran and the Sunna, which are immune from fault or defection, whilst the work of man is open to defection and imperfection. Hence we find that the opinion of Muslim scholars and legislators which says that the origin of legislation that lies in the inspiration of the Quran is free from fault opposite to what men of law say in different explanations of the law. They believe that since its origin lies in legislation, then it is static and not liable to evolution according to time and place.

      We also find that another difference is the way people look at legislation and at the law. They look upon the first as something emanating from God and worthy of respect contrary to their idea of law which is from the making of man.

    Therefore the ruling of legislation acquires security and people adhere to it out of inner conviction and psychological satisfaction since it is related to God AImighty Who only decides what is good for man and his interest, and orders amity and forbids sin.

PAVING THE WAY FOR THE LAW
      The aim of the law is not reached by defining it but it is verified by the way it is put to use by the people it was drawn up for. This experimentation should also be made with the incentive of their hearts and souls. This incentive is only provided if people believe in the law and its justice.

     One of the great Greek philosophers, Plato, noticed before the Christian history this very fact. If we study his two immortal works, the Republic and the Laws, we will notice that he wanted to pave the way to his utopia, so that it could appeal to the people who would live in this ideal republic which unfortunately he could not help to materialize.

     As for Islamic legislation, it was very acceptable to the people since it had its basis in the Quran and the Sunna, and since it had an ethical nature which should appeal to all, Muslims or non-Muslims.

It is sufficient to draw attention to some of its principles:
     A neighbour has rights towards his neighbour and duties as well. These rights and duties are sometimes not accepted by some neighbours, so they raise the matter to court where legislation is used as arbiter in the dispute.

     God Almighty, the Omniscient and the Only true legislator Who knows the inner workings of the human soul, and knows the trend of selfishness that shuns in it answers the right of neighbours from each other to the extent that He ordered it as He orders the Muslims to pray for God and to believe in Him alone says: "Serve God, and join not any partners with Him: and do good - to parents, kinsfolk, orphans, those in need, neighbours who are near, neighbours who are strangers."

    We also find that the Prophet has referred to this matter and emphasized it in many of his sayings:
     He says "Gabriel still recommends my good neighbourly relations he keeps on doing that until I thought that he will endow this neighbour. And if one believes in God and in the Day of Judgement, one should not hurt one's neighbour, and if you believe in God and the Day of Judgement, be gracious to your neighbour!"

     Then religion and legislation recommend the good neighbourly principle. Laws, then, has no say in this matter.

   As for Al- Zakat which is charity imposed on everything a person owns, be it money, land or cattle, we find that the Quran implants it in the soul of the believer that Al-Zakat is for the benefit of the person who gives. God said, "Of their goods take alms so that thou mightest purify and sanctify them."

    We also find many sayings advising charity and showing the harsh punishment that he who abstains from it is to be exposed to. They also show the compensation that the charitable will get from God.

    Defending the motherland is another aim of Islam, and every law. That is why Al Jihad (struggle) is a duty for all Muslims, to defend their countries and their religion and to spread its cause. But Islam does not call for mobilization for its own sake as is done nowadays.

     God knows that most souls are rather stingy in giving of themselves as they are in giving away their wealth. That is why God tries to lead people to like  Jihad in many ways amongst which is reminding them that it is better than this world and what it carries and that paradise is its reward.

   This is mentioned in many parts of the Quran, and in many sayings.

    In these verses God said, "Let those fight in the cause of God who sell the life of this world for the Hereafter to him who fighteth in the Cause of God, - whether he is slain or gets victory - soon shall we give him a reward of great (value.)"

"God hath purchased of the believers their persons and their goods; for their (in return) is the Garden (of Paradise): They fight in Cause, and slay and are slain. We also find that the Prophet says: "God has insured for him who fights for His cause paradise or a safe return with full reward." And, !Al Jihad for the cause of God is better than the world and all it contains".

   This principle of struggling for the cause of Islam had its vast effects on the Muslims. Gaber Ibn Abdullah relates that once a man said to the Prophet, Grace and Prayers of God be upon him on the day of (Ohod): "If I get killed where would I be?" The Prophet answered; "In Paradise". He the threw some dates in his hand and went out to fight until he got killed.

     Religion also forbids usury and has certain legislation concerning divorce and inheritance and it also urges the true proclamation of witnesses.

    Legislation contains all these principles. As for the law, certain explanations have to be made whenever people concerned with it are confronted by one of the above problems. It is, however, necessary that after being convinced of the righteousness of legislation one should look for a law that insures justice as well. One should succumb to such a law because by doing that one pleases God and gains mercy in this word and in the other world. We do not think that there could be a stronger incentive to obey the law.

THE REWARD IS WORLDLY AND SPIRITUAL
      Law is a number of rules that help to organize social ties and a state is forced to obey these rules even if force has to he used. There is punishment for anyone who violates the law but this punishment is worldly because those who make the law have no authority in the after world. Then there is no punishment for anybody who can escape from the hand of the law in this world.

    As for the law of God which is in its highest form known as Islamic legislation, the case is different. It rewards and punishes in this world and in the other world also. The punishment of God is more severe and His reward much greater. For this reason the believer has to feel strongly that he should act and live according to the laws of God, because even if he can escape the punishment of man and his law he will never be able to escape the punishment if God.

       Islamic legislation, however, aims at the reformation of man and his society. This is a good aim since it wants to build an ideal society free of anything that is against religion or morals, It also aims at the happiness and prosperity of the individual and the human race as a whole. Its goal is for man to perfect his duty towards himself and others and towards God Almighty and His worship.

ITS COMMUNAL TENDENCY
      We have already mentioned that Islamic legislation aims at the happiness of one and all. Then it has a communal tendency, and when we say "communal" we do not have in mind the money and material sides only. We mean the word in a much broader sense.

   This communal tendency appears in all the messages and beliefs of Islam.

    We take as an example prayers, fasting, Al-Zakat, Pilgrimage, and the forbidding of usury and the allowing of legal selling and buying, we also take the good neighbour policy, the fulfilment of contracts, the forbidding of adultery and so on.

      All these are generalities. We should like now to bring specific examples to illustrate these generalities.

     A husband has the right to have his wife in his home under his patronage and to beget children. But this right is limited inasmuch as it must not harm the wife, or else it will he lawfully stopped and a wife then has the right to ask for divorce.

In this the Quran says:
  "Either take them bark on equitable terms or set them free on equitable terms! but do not take them back to injure them or to take undue advantage."

     It is also the privilege of a ruler to have obedience from his people, but this also is conditioned by the fact that rulers should have the good of their people in mind. In this we find that the Prophet says:" A believer should obey as long as he is not ordered to sin. if he is ordered to sin, then he should not listen or obey."

     It is also related that Abu Obeida was once asked by some of the bedouins for some money of the state under his control. He refused, saying that the bedouin and city dweller should benefit from the money alike. Omar Ibn AbduI Aziz wrote to Yazid Ibn El-Hussein saying: "Give the soldiers their wages but give also to the city people, but beware of the bedouins because they do not attend Muslim gatherings and do not share their outlook."

     It is related that when Al Imam Ibn Youssef conquered Iraq and Syria during the time of Omar Ibn El Khattab, some of the followers wanted to distribute the land gained amongst the invading Muslims, but Omar refused, leaving the land in the hands of its owners and levying taxes on them.

      It is also recognized that the owner has absolute freedom to dispense with his property as he sees fit. He could sell and the buyer could buy. Islamic legislation, however, gave the right of buying to a partner or a neighbour, even if the owner wants to sell to someone else, because rights are given to benefit not to harm.

       Islamic legislation preserves the rights of man provided that these rights do not infringe, on the rights of others, realizing thus the principle which says "No harm and no harming. If necessary then the lighter harm is executed. " This rule governs the way rights are to be obtained.

     According to this rule spiritual law allows a person to dig in the land of someone else so that he can get water to irrigate his own land. Yehia Ibn Adam Al Korashi related that Al Dakkak Ibn Khalifa Al Ansary owned land which had no access to water except through a garden owned by Muhammed Ibn Maslamah. Muhammad refused the passage of water through his garden. Al-Dakkak went to Omar lbn El Khattab who asked Ibn Maslamah: "Does the passage of water harm you? " He replied: "No." Omar answered "If, by God, the only passage were over your belly. I would let water pass." And it was done, with no harm to either one of the two. It is also related that Al-Dakkak told Ibn Maslamah that he was after all going to drink from the water that passed through his garden.

    All these examples are of the communal aspect in Islamic legislation and they are found in the Quran and in the Sunna.

     As for man-made laws they did not at the begining observe this communal aspect, but they were rather tending to look at the individual. An example of this is the French civil law issued in 1804.

    This law was the offspring of the French Revolution, which aimed at liberating the individual from the fetters that bound him in all aspects of life, political, legal and economical. This Revolution came in the year 1889 to prove that man as an individual has sacred rights which should not be tampered with for the benefit of others.

    Then this individual line of thinking prevailed, to be followed by the spirit which dictated the rights of man as being the most important element in life, not as being part of a community. That is why there came a time when liberties were unlimited and a person could use them with no restrictions. After the French Revolution it is only rightful to say that the social developments that happened on a very large scale called for a change of outlook. The individual was looked upon as part of a vast community of individuals. His liberties were restricted, as a consequence of which the theory of the Abuse of Rights appeared. Despite this it remained undisputed that the outlook of Islamic legislation is far sighted and more shrewed than the modern laws. These, for example, allow usury which is for the benefit of the lender and to the harm of the borrower. It is believed that this discrepancy between the Godly legislation and the man-made law comes from the difference between the rights of the individual in the two.

    The law, at the begining, considered the rights of man his own to use or abuse as he liked. As for legislation it considers that man is owned by God Almighty alone, and that all his rights are only granted for a sound reason, meaning the realization of good for all mankind. That is why all these rights are in some way restricted by the legislation of God.

      Consequently a man should do as God legislate and should use his rights within the bounds drawn out for him by the Almighty, because within these bounds lies the happiness and prosperity of the human race.' If man deviates from these boundaries, then his actions are against legislation and goals.

ITS ADAPTATION TO EVOLUTION
     Every kind of legislation should be lenient enough to accept evolution according to place and time. Otherwise it would be a dead and useless legislation which would not correspond to life.

   Islamic legislation has all the above qualities. That is why it remained immortal, progressing with time. We have already mentioned some aspects of its evolution in the time of the Khalifs. If legislation remained static, the Islamic nation would have no need for resort to Western legislation, taking from it what they needed and what they did not find because of some neglect on the part of those who had Islamic legislation in hand.

      Thus we started taking from the West, forgetting that we are a nation with its own qualities and its own highly esteemed traditions. Today, by the grace of God, we see a new dawn for a new era, when we work for our independence even in legislation by going back to Islamic legislation and making use of it.

     The methods by which Islamic legislation develops are many. The most important of them are unanimity, relativity, acceptance, the principle of exchanging and accepting benefits and the observance of the recognized rules of ethics. It is sufficient to discuss here this last method, how it began, what it is, how the Apostle looked upon it, and its many examples in different places and times. `Al Orf`` or this rule of ethics means anything that happens regularly. We say people come after each other (Orfan) in a continuous way. It originates from habit, which is an inherent quality in man due to the continuous happening of certain good things. A habit is a thing recognized and agreed upon by the people of a certain nation owing to its religion or its history or to its traditions.

     This habitual rules of conduct has its strong influence on man. He has to bow to it, although sometimes he might not approve of all its aspects. An example of that is the rites of marriage and death when people have to follow certain rules which they detest because they are afraid of being shamed among their fellow citizens.

    We find for that reason the Prophet, the Grace of God upon him, approving some aspects of the habitual rules especially the one concerning dealings between people, like selling and speculating.

    Fakhr El Dine Al Zelaie' relates concerning speculation that the Prophet, grace and prayers of God upon him, came to find that it was the practice of the people. So he allowed it. The disciples and the followers practised it too. It is also related that Abbas Ibn Abdul Mottaleb conditioned that his speculation money should not be used across the sea or the valley, meaning that any benefit should be restricted to the place of speculation. This the Prophet also approved.

    Sometimes a dispute arises concerning this rule of habit. The word of the legislators is not usually adhered to, owing to their lack of knowledge about circumstances prevailing in a certain time or place. A legislator should be up-to-date concerning the habits and conduct of people before deciding on a certain matter.

    An example of this is the late opinion which allows payment for teaching the Quran and for performing the call to prayer, contrary to the opinion of Imam Abu Hanifa and his followers, for fear that once there is no payment there will be no teaching of the Quran or of religion.

    Another example is the opinion that allows the selling of fruit and vegetables whilst on the trees even if they have not fully grown at the time of selling. Another example is the forbidding of a guardian to invest the money of the orphan under his guardianship, and the forbidding of women to attend a communal prayer in any mosque although this last was allowed in the time of the Apostle.

     From all the examples we can see how legislation is open to progress and how the books of legislation are full of such examples.

    That is a very good reason why, in a time of legislative progress like the present time, we should not be tied by static frozen rules, but it is our duty to walk side by side with progress and to correspond truly to the circumstances we live in as long as we do not deviate from the aim of legislation or violate the rules of religion.

THE AIM OF LEGISLATION
     Every system has its aim and purpose or else it would be a waste of time to try to apply it. The law is a system. What is the goal of the legislator in outlining the law ? It is easy to answer this question. The aim is the security of the community for which this law is defined, by showing the rights of the individual and his duties in relation to his fellow citizens.

    This aim is definite and limited. And the legislator sticks to it even if sometimes he has to deviate from the way of ethics or religion. The law, for example, approves the fact that if a person lays hands on a piece of land which is not his for a period of 15 years it becomes his own. The real owner loses his right to it through the years, ignoring thus any rule of ethics or morals.

    Then law allows certain procedures that do not comply with religion or morals.

      As for legislation. we find that it differs in the sense that it organizes the relation of the individual to his God through rituals like prayers, fasting, Al Zakat, and the pilgrimage, which all aim at the purification of the soul and its linking with God Almighty. It also aims at the reformation of the individual and the community in many respects in this and the other world.

     Legislation has set up certain rules which govern the behaviour of man and which show that stopping evil is preferable even to having any gain. As for the general rules and principles, many books have been written on that.

      Amongst these is a book written by Al Imam Al Shatby which stresses that the prevention of sin is preferred to the obtaining of gain. This book contains many examples of that, of which we do not see fit to mention all here.

     It is enough to show that a person is legally forbidden to do a thing which is originally permitted for him, if by his doing it anyone else would be harmed or if a general harm would happen as its consequence. `In Islam no harming or harm are allowed and general good is preferable to private interest.

      As we mentioned before, usury is forbidden by God Almighty and anyone who practices it is threatened with the worst kind of punishment:
"But God hath permitted trade and forbidden usury." - "O ye who believe I Fear God, and give up what remains of your demand for usury, if ye are indeed believers. If ye do it not, take notice of war from God and His Prophet: but if ye turn back, ye shall have your capital sums ;deal not unjustly, and ye shall not be dealt with unjustly."

    The Prophet also forbade the selling of birds which are not within the reach of the hand of the seller and of fish in water before their being caught or the selling of vegetables and crops whilst on the trees, and the selling of a lost vehicle or a stray animal. These are also forbidden by the legislation because they entail a gamble to both buyer and seller alike.

   The Prophet also says "One should not sell anything already sold by someone else, because this would entail harm and Islam does not allow harm or harming:"

    Besides all this we find the same tendency  in the administrative part. Legislators refer to  the Holy Quran in everything concerning this.

   We take one example of this. It is concerned with the different  administrative posts the state.

     It is understood that positions in a state are given to those who are capable of undertaking them. The qualification for that as we know is the scholarly degree.

     In Islamic Legislation, though, the criterion is real fitness, not degrees or knowledge alone. This means that  the head of a state should assign the right man to the right position, provided he believes that he is the best person to undertake the work. Regarding this the Prophet says -"If any Muslim wants to hand the leadership to someone who is not fit, or if he overlooks a better one, he is betraying God and His Prophet."

    Taky El Dine Ibn Taimiah says in some of his books:
"The head of a state should know the best man for every position; because leadership has two cornerstones: Power and Honesty."

   "Truly the best of men for thee to employ is the (man) who is strong and trusty."

    Then he goes on to mention that power is represented in warfare and honesty is rare in man, so if a state uses a man of war it should have one who is to be preferred to the weak and helpless, even though the latter be more honest than the brave. If the position calls for a man with honesty to preserve funds then the honest person is to be preferred, and so on.

   As regards the social side we find that Islamic legislation has a system to help the needy unequalled in any other law, meaning Al Zakat which in itself is a section of the religious ritual of Islam.

    God the Great Legislator knows that people differ as regards money and wealth and the difference is sometimes very great. That is why God has imposed on the rich a certain rule which makes part of their wealth a right of the poor. History very truthfully relates what Omar Ibn El Khattab and the other pioneers of Islam did to enforce this rule.

    We know that during their time gifts were given to mothers and then children. These gifts increased with the increase of numbers of sons and daughters in the family . These gifts were given from what they then called the House of Money or what is synonymous with the Treasury today.

     History also tells us that Al Zakat, extended even to embrace the needy among non-Muslims also. Omar Ibn El Khattab once saw a man begging. He asked him why he begged, and when the man told him that he was forced to beg he said: "We did not give him credit; we ate away his youth and when he grew-old we left him lost." He then ordered that any tax should not be lifted from this man and for him and his sons to be given what should keep them in comfort throughout their stay in the land of Islam.

   We thus know that Islamic legislation has given this side of charity its due. It is a legislation that should very rightfully be an example for any modern law or legislation in our country and in any other country of the Arabs and of Islam.

THE GENERAL BASIS OF LEGISLATION
    God created the world and sent His Prophets to guide its people in the way of good and keep them away from the way of evil. Every Prophet was sent to his people and nation. Every Prophet had his limited time and people. The case remained so until humanity was prepared to accept an immortal message, the Islamic message, after all the other messages had been absorbed and their religions exhausted, and when they had become inadequate to meet the needs of man until the Day of Judgement.

     If the Islamic Message is the last Godly message, and if its Prophet is the last of the Prophets, and if the logical  consequence of that is that it is a message addressed to all the people, then it should contain legislation which ought to make it useful to humanity throughout the ages.

    This is a true fact, for the bases of Islamic legislation are useful to all people, and at all times. These bases are: It is an easy legislation which does not impose anything beyond the capacity or power of humanity. It attends to the good of all the people. It ensures the realization of justice in its full capacity. To prove all this we would like to relate what the Quran says " God does not wish to place you in a difficulty." - "And has imposed no difficulties on your religion. It is no fault in the blind nor in one born lame, nor in one afflicted with illness." -God intends every facility for you. " " God does wish to lighten your (difficulties): for man was created weak (in flesh) ".

   We thus see that God, the Gracious, who knows the difference that exists between humans in matters of health, wealth, weakness and force, has lifted many embarrassment from people accordingly.

    These facilities are very apparent in many aspects of religion, some in the way people deal with each other, some in punishment. To illustrate all this we would like to mention the following

In prayers ,for example, we find that a Muslim can pray very easily. We find that if a person is travelling he can perform his prayers in a way which befits his case. A man is allowed to break his fast if he is not well or if he is travelling. He can dispense with water for washing before prayers if he cannot find it. He is even allowed to drink alcohol and eat pork if he has to.

    Regarding the Pilgrimage, a man who cannot afford the expenses is exempted. The pilgrimage is imposed only once during a lifetime and it is only imposed on those who can afford it.

    It is related that the Prophet, Prayers of God be upon him, was preaching pilgrimage when a man asked him "How many times should a man go on the pilgrimage every year? The Prophet did not answer, and the man asked three times.

    On the fourth time, the Prophet answered "If I say yes, it would mean that you have to go every year. I do not like you to attribute to me what I did not say."
 
"O ye who believe! Ask not questions about things which, if made plain to you, may cause you trouble. But if ye ask about things when the Quran is being revealed, they will be made plain to you, God will forgive those: for God is Oft-Forgiving, Most Forbearing. Some people before you did `ask such questions, and on that account lost their faith."

      Al Zakat was also imposed on those who can do it, who have a surplus, of money or crops. It is only one-tenth or half of the tenth. This proportion is very little when compared to the taxes collected by modern governments nowadays.

      As for relations between people we find that, ease is their utmost rule. A contract could be drawn up between two people without the complications of the Romans. The Quran only, mentions one condition for any agreement between two persons. This is their acceptance of such an agreement.

    To prove this the Quran says:
     "O ye who believe! Eat not up your property among yourselves in vanities: but let there be amongst you traffic and trade by mutual good will."

       As for punishment, there are also limits to it, and suspicion is not enough to prove the sin of adultery, or libel or theft or drinking alcohol. In this the Prophet says, "Try to keep your fellow Muslim away from sin. If you can help him out of it do so, and do not punish him, because it is better to err in forgiveness than to err in punishment."

     It is also related that the Prophet brought along a thief who had stolen and confessed but on whom nothing had been found. The Prophet said to him: "I do not think you have stolen." The man said: "But I did". The Prophet repeated his word twice and three times and the man confessed, so he was punished. A thief who steels something he claims to be his own is forgiven.

       Another proof that God Almighty wanted to facilitate things for us is that He relieved us of many of the severe punishments that He threatened the Jews with as a consequence of their aggressiveness and despotism. Referring to this the Quran says;

       "For the iniquity of the Jews we made unlawful for them certain (foods), good and wholesome, which had been lawful for them;_ In that they hindered many from God's Way; " - " For those who followed the Jewish Law, we forbade every (animal) with undivided hoof, and We forbade them the fat of the ox and the sheep except what adheres to their backs or their entrails, or is mixed up with a bone; this in recompense for their wilful disobedience; for We areTrue (in Our ordinances)" - " But My Mercy extendeth to all things. That (Mercy) l shall ordain for those who do right, and practise regular charity, and those who believe in our Signs; Those who follow the Prophet, the unlettered Prophet; when they find mentioned in their own (Scriptures); In the Torah and the Gospel; For he commands them what is just and forbids them what is evil, he allows them as lawful what is good (and pure) and prohibits them from what is bad (and impure) He releases them from heavy burdens and from the Yokes that are upon them".

    "Say: O my Servants who have transgressed against their souls! Despair not of the Mercy, of God; for God forgives all sins; for He is (Oft-Forgiving) Most MercifuI."

       Then the mercy of God has enveloped everybody and everything. His call for forgiveness for those who repent is unmistakable, but there is also severe punishment and there is forbidding to taste alcohol or the flesh of the dead and of the pigs. Opposite that we find that God has imposed on the Jews many severe rules and much severe legislations. Some scholars explain this by saying that in Judaism there is no forgiveness even with repentance, there is no work on Saturday, there is no acceptance for ransom in place of revenge there is no benefit out of the victory of war, there is order to kill oneself as a sign of repentance of a sin . All this and the forbidding of eating many kinds of meats and fats can be compared with His Graciousness towards Muslims and their legislation.

ATTEENTION TO THE COMMUNAL INTEREST
     It is enough to say in praise of Islamic legislation that it had the interest of the community in mind, with no difference of race or nation. The Quran mentions that Islam came as a mercy to all people, since His Prophet is the Prophet of all.

    Here also lies the difference between Islamic Legislation and man-made laws; every nation has its laws and every race has its law, whilst Islamic legislation can be used for all humanity.

    The law has two principles which make it valid:
1. Territoriality, meaning that a law is to be enforced on the people living in a certain territory.

2. Personality of the law meaning that it is to be enforced on citizens of a country even those outside it, whilst it cannot be enforced on foreigners living in that particular country.

      Islamic legislation does not comply with these two principles, except in very special cases. Muslims all over the world are addressed by Islamic legislation, no matter where they live.

    Islam is the religion of Muslims in all territories.

    As for non-Muslims, we find that legislators differ as to whether they too are to be addressed through the Islamic legislation or not, or whether they should follow part of it and leave part of it.

Ibn Abdine says:
      "The opinion is that unbelievers are also preached Islamic legislation, they are asked to abstain from anything or from exposing themselves to heavy drinking of alcohol because they, the unbelievers, believe it is allowed. The people of Samarkand refused Islamic legislation, saying they did not believe in it theoretically or practically. The people of Bakhara refused it practically, but accepted it theoretically. The unbelievers of Iraq accepted it wholly, they all accepted punishment for violating it.

      Then we think that non-Muslims are supposed to adhere to Islamic legislation in all aspects except those dealing with prayers. We do not ask them to change those. This is to be left toThe Day of Punishment.

   The Islamic legislation is meant for all nations and creeds because it aims at the good of humanity. In this the Imam El Shatby says: " We have found by research that the legislation aims at the good of humanity. Within this framework the usual rulings revolve. We find that sometimes it bans something which begets no profit and sometimes it passes it when there is good in it. Borrowing, for example, is allowed, but usury is not.

      Sometimes the benefit and the loss collide. But the general benefit is the thing legislation aims at; the lesser harm is perferred to the more serious one.

      Another example is the allowing sometimes of the confiscation of the property of people to widen a road or to make an improvement which produces a general interest or benefit. A needy relation has a right to maintenance from his better-off relative, an indebted person who is rich is forced to pay his debt, even through imprisonment. Al Zakat is obligatory on all wealthy or well-to-do persons, and so on.

     On the other hand, legislation forbids alcohol, gambling, usury, deceit in dealings. All these rulings are laid down to preserve money and mind and to strengthen the brotherhood of man.

THE REALIZATION OF JUSTICE TO ALL
     It would be a waste of time to try to prove that Islamic legislation preserves the right of man, not Muslim man alone, but all men, even the enemy in times of actual war with us. Islamic legislation fully details the rights of man and of the community in a way that makes all safe and secure.

     The Quran and the Sunna are full of words that oblige people to be just and to practise justice. The Quran forbids persecution, and threatens to punish any who contemplate using it. If we read the Quran we find that the word "justice" and all its derivatives in that sense are mentioned more than twenty times. The word "persecution" and its derivatives are mentioned about 299 times. The word aggression, is mentioned 8 times while the words ''attack" or "violate" are mentioned twenty times.

      We will mention some of the sayings of the Quran: "God commands justice, the doing of good, and liberality to kith and kin, and He forbids all shameful deeds, and injustice and rebellion." - "God does command you to render back your Trusts to those to whom they are due; and when ye judge between man and man, that ye judge with justice." - "O ye who believe ! Stand out firmly for justice, as witnesses to God, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for God can best protect both. Follow not the lusts (of your hearts), lest ye swerve." - "O ye who believe ! Stand out firmly for God as witnesses to fair dealing, and let not the hatred of others to you make you swerve to wrong and depart from justice. Be just: that is next to piety and fear God."

     From all the above we see how careful the Quran is to raise justice among people even if we have to give witness against ourselves and the nearest to us, and how it forbids us to be unjust out of hate of some people, because justice is the solid basis on which life is erected and without it life cannot go on.

We want to end this chapter by pointing out two things
    l. Legislation, which has justice as its basis, is an ideal legislation which treats all people alike, no master and slave, no low and high. And this is Islamic Legislation which has no consideration for the nobility of birth or for wealth. The only weighing amongst people is of the strength of their faith. The Quran says: ''Verily the most honoured of you in the sight of God is (he who is) the most religious of you".

   And the Prophet says: ''No Arab is preferred to a non- Arab unless he is more faithful."

    It is related that Osama Ibn Zeid once wanted to ask the Prophet forgiveness for a woman who had been caught stealing. The Prophet said " You want to violate one of God's rules; those before us perished because they left a big influential man to go free if he stole, and if they caught a weak one punished him. By God, if my own daughter Fatima Bint Muhammad stole, l would punish her."

2. The law limits itself to realizing justice, not equality. Justice calls for punishment according to circumstances that exist in life generally, not looking at minor details that could change two similar cases. Equality believes in complete studying of details in both cases. Anybody who is laying down the law cannot prophecy the similar details in any two cases. Islamic legislation is laid down by God Almighty, the Omniscient, to last till the end of the world.

THE FUTURE OF ISLAMIC LEGISLATION
    What do we want out of Islamic Legislation?
     Now that we know all about it, that we know that it led humanity in the right way for centuries, we only want one thing, and we have the right to ask for it. We want this Islamic legislation to be the basis for all the laws we believe in. There is, however, no harm in benefitting from the laws of other nations. Perhaps it is even our duty to do so, because all nations need each other in one way or an other.

      When we ask for this, we are not asking for something unusual. We are asking actually for one aspect of the independence each nation fights for.Nothing is more harmful than intellectual imperialism or legal servitude to any other nation.

      It is understood that the law is the base of any system on which a nation is built; it is not wise for a nation to borrow that base from another, the tradition and history and religion of which might differ from its own.

      We also know that we cannot realize all this in a short time. Islamic legislation passed through a phase of stagnation and freezing. We should be given time to get out of this phase and start on the way of progress. This also calls for constant hard work.

     We should not wince in the face of this vast responsibility or despair of reaching our goal. If we look to see the position of this Islamic legislation in relation to the law, we will be encouraged on our way, knowing very well that we will reach our aim, by God's will.

THE STATE OF ISLAMIC LEGISLATION
IN THE RECENT PAST
       Islamic legislation was, until a very short time ago, isolated from justice in the court if we exempt what they called the "personal status," meaning marriage, divorce, inheritance and wills. As for the administration of matter of state in a general way, it was kept within the walls of Al-Azhar and the other institutes attached to it. Nobody cared to study it in a scientific way since there was no need for it in the official law, and since it was only needed in the legislative courts.

      All this happened after we adopted the French Laws and called them civil laws. This took place at the end of the 19th century when the civil collections appeared in the year 1883.

We were then interested in a foreign kind of legislation, a legislation occupied by a foreigner, as Al Sanhouri wrote 20 years ago:
    "We must first of all Egyptianize legislation and give it our national colouring. Our legislation today is occupied by the foreigner. It is an occupation no less dangerous or serious than any other kind of occupation. The Egyptian legislation still goes to the French code for advice. It never wavers from its horizon or deviates from its path. It is its shadow and honest follower.
 

ISLAMIC LEGISLATION TODAY
That was the state of Islamic legislation in the recent past. Today we have taken very good strides towards our goal. These strides have their reasons; they also have their aspects.

      The nation felt very deeply the impact of foreign occupation and the shame of it, military or intellectual. It arose asking for independence using all methods and ways. Some of its legal leaders said that the time was ripe for Egyptianizing the law by which we rule and judge. We wish to God they had said it should be Islamic. But they overlooked that and wanted it national and corresponding to our mentality; they went on this road of independence using methods which they thought were efficient.

       This was also accompanied by a very strong national feeling which called for Islamic rule, saying that Islam is a nation and a religion at the same time, because of what it contained of useful laws to govern humanity in all its aspects.

    There is no wonder at this statement since Islamic legislation has everything to make us dispense with the West and its system.

On this Sheikh Hasan EI-Banna said:
       " Every nation has its own law which its citizens recognize and respect. This law of ours should be derived from Islamic legislation, taken from the Quran and agreeing with the origin of Islam. Islamic legislation has everything we need in life."

    "God has laid down the limits that punish a criminal even if he is long accustomed to crime: God's legislation can relieve governments from fallible experiments. Experience proved that and God imposes it."

      We think that there is a third reason which caused men of law here to revert to Islamic legislation and to benefit from it. That is the high praise attributed to Islamic legislation by men of law and their praise of it in many of their conventions in The Hague, Nice and Paris.

       The interest of Westerners in the Islamic heritage dates back to the Middle Ages, when they wanted to find out the source of Islamic greatness and leadership. Another reason might have come with the 19th century with colonialism when colonists wanted to know the history and tradition of the peoples who were pestered with their occupation. Many books were translated dealing with Islam and its legislation. This interest exists until today and we find many books translated by the orientalists besides some of their own leading with Islamic culture and legislation.

    This interest on the part of Westerners in Islamic culture and Islamic legislation was an incentive for our men of law  to believe fully in its efficiency and to start studying it and making use of it.

     These are the reasons; as for the aspects of this transition we can sum it up in the following:
      Many students of law started writing researches and thesis on Islamic legislation. Among them are Dr. Shafik Shehatta in his book "The Theory of Obligations in Islamic legislation"; Dr. El Said Moustapha El Said in his book "The Extent of Marital Rights and the limits of it in Islamic Legislation and Modern Egyptian Law"; Dr. Sobhi El Hommosany in his book "The Theory of Duties and Contracts" and Dr. Muhammad Zaki Abdul Bar in his book "Responsibility in Islamic Legislation.

     Other studies include books like "Islamic Criminal legislation, and "Islam and our legal status" by Dr. Abdel Kader Ouda.

    Another reason is that Islamic legislation became an official origin of the new civil law, so its study was obligatory by men of law and justice, and the reference to it became prevalent.

   As regards the first point Dr. Sanhouri says, after pointing out what the new law kept from Islamic legislation:
    "The new law introduces new rulings derived from Islamic legislation. Some of these rulings are general principles. Some are detailed." Among the general principles he took is the subjective tendency which prevails in most of its items. This subjective tendency is usually found in Islamic legislation and in Germanic laws, a tendency preferred to the personal leanings of the Latin laws. Islamic legislation is also based on balancing a view and taking the more probable rather than the less probable.

      Another principle is that the new law did not apply `the theory of prejudice in using rights. Islamic law never looked at the personal side of a matter, but rather preferred to add a subjective one, and a more universal view.

   As regards religion we find that Latin laws have completely overlooked them while Germanic law and the Islamic legislation have put a system for it and organized it. The principle of sudden happenings (imprevision) is also observed by some of the modern laws. The new law also agreed to observe it because Islamic legislation believes in the theory of necessity and excuse.

    Among the detailed rulings that the new law took from Islamic legislation are the ruling concerning contracts and the one concerning Waqf and monopoly, and the one concerning the leasing of land and the one concerning the perishing of crops on that land, and the one, that says a contract ends with the death of one of the contractors and that it ends for one excuse.

      Dr. Sanhouri also says regarding the extensive study of Islamic legislation, after it became an official source for the new law: "This, undoubtedly, gives Islamic legislation a bigger importance. It is also necessary to study Islamic legislation on a scientific method as regards contemporary and competitive laws so that its practice will he much easier. The scholars and the judges are now asked to complete the rulings of civil law. If they have no other source they should then revert to Islamic legislation. They should actually revert to Islamic legislation because it is more accurate than the common rules of Justice.

    Lastly, there was an idea which says that Islamic legislation should be the basis of all our laws after its crystallization in the minds of men of law. Dr. Sanhouri in another thesis says: "The aim is to develop Islamic legislation in such a way as to make it possible to derive from it a law which suits our time."

    The new Egyptian law or the new Iraqi law are laws suitable for our times. This is the civil law which is derived from Islamic legislation and which is suitable for all Arab nations. When a final law is agreed upon, Arab unity will be there, and the law will be an aspect of this unity, and a symbol of it.

HOW TO BRACH THIS AIM  
     It is a well-known saying that one does not usually get what one wants, and it is not enough to wish, but this wish should be strengthened until it became a will. Then one should start removing obstacles from one's way until one reaches one's aim.

      We want Islamic legislation to be the basis of our laws in the future. We also want a unified Arab law for all the Arab countries. This is not an easy thing. The way is full of obstacles. It calls for serious, continuous work. we should not stand still and wait for this wish to be fulfilled. But all people of law should carry the burden courageously and try to get where we want.

       All the origins of Islamic legislation should be published and studied by scholars. Other books dealing with legislation should also be published. We should not stick to the four known sects but we should study other sects, like those of El Zaydia, El Emamia, and the Shiaa and the Zaheri sect. All these sects contain treasures of legislation, which ought to benefit us in our legislation and social renaissance.
 
    Once we know everything about Islamic legislation in  all the sects, we should study it on completely new lines, different from those used in Al Azhar. We should compare it with other contemporary legislation, and with contemporary laws.

    This study will help us to free ourselves from the curse of imitation which has so far taken hold of us . Studying Islamic legislation will offer very fertile material to the modern law which will be of immense use to them.

     Apart from that we would be contributing to the efforts of the human mind in the field of legislation. We would be showing the development of universal thought as far as legislation is concerned, and showing its acceptance of progress to suit the circumstances of daily life and their continual fluctuation.

      We have expressed this view two years ago and we call upon men of law to join hands with their fellow legislators to study and produce the ideal law in its two sections, the general and the personal.

     If this happens we will find in Islamic legislation every thing that will spare us the trouble of borrowing from foreign laws, and we will be able ever soon by God's will to have a unified Islamic law for all the Arab Countries.

THE NECESSITY OF IMPROVISATION
       Despite all this we should open the door for all those who would like to improvise, because rigidity was one cause of the stagnation that attacked Islamic legislation. We should make good use of our legislative heritage. 

      Rigidity means death, and movement is the first sign of life. The Quran forbids false imitation. God has forbidden the Imams themselves to imitate.

On this El Shafei says:
       "An imitator is like someone who imitates a forester carrying a bundle of straw at night and not knowing that it contains a snake that will bite him."
 
Ismail lbn Yahia El Mazni mentions that he abridged the knowledge of El Shafei to make it comprehensible to those who want to study it warning them that they should not imitate him or any other Imam and beware.

   We should, however, differentiate between this forbidden imitation, and the following. The Quran says: "The vanguard (of Islam) - the first of those who forsake (their homes) and of those who gave them aid, and (also) those who follow them in (all good deals)."

    This shows that imitation here is accepted by God. If we follow the emigrants and the followers in adopting their legislation and their Sunna, then we are doing what God wants. There is a great difference between the two kinds of imitation.

    Abu Dawoud mentions that he heard Al Imam Ibn Hanbal say: "Following what is known of the Prophet, Prayers of God be upon him, is accepted." and he also said: "Do not imitate me and do not imitate Malek, but try to understand the source where they got their knowledge. Today we only imitate some of the backward legislators, and we make their opinions laws.

     There is another important point that we should never overlook. This is that the old legislators looked at their religion and their nation and at themselves as part of the circumstances they lived in them. Their problems and misfortunes were limited by their time. They did all they could to find the right legislation for all these.

     But times change, and dealings develop. Today there exist many problems that could not by any means have existed in their times. We should not stand with our hands tied saying that our legislators have not found a ruling for this problem or that. We should work at finding a solution, making use of their efforts, and depending before everything else on God's Book and His Prophets Sunna.

     Such dealings are those concerned with stock-exchange, the cotton-market, the contracts concerning the selling and marketing of any other agricultural product, and the work of the co-operative societies, like giving loans to farmers, all matters of economy and finance, and all matters concerning insurance companies and the like.

      Another aspect that has changed is the way nations are governed, and the need to govern them in a way that goes side by side with progress and development.

   To get the best result, we should have a special institute for legislation, the same as the one for language, which does great services to the Quran.

   There is no doubt that legislation problems are more intricate and complicated than language problems. A single person working independently could not carry the burden of tackling them alone.

     Cairo, being the centre of Islamic legislation, should be very much interested in such a proposal. Steps should be taken to form this institute which would consist of all high men of legislation in all the Islamic Countries.

      This institute, once it is formed, should prepare every year the problems that should be studied and should also show the ruling of Islamic legislation concerning each one of them.

     Then each member would study the problem while in his own country. Then the members should all meet once a year, in Cairo, or in any other Islamic capital, to discuss and expose their views, so that they could issue an unanimous decision to be used.

     All their decisions should be regarded as Islamic legislation, to which Muslims should adhere with no opposition. If we accomplish this task, if we study scientifically in cooperation with men of law the Islamic legislation, and if we try to find the ruling of legislation in dealings and in the general basis of administration, if we do all that, we will put Islamic legislation in its right place and make it the origin and basis of our laws.

  God Almighty help us to reach all good.