Islam And Social Life (Part 1)

Islam has declared clearly what justice and cruelty are, what rights and duties people have towards one another, families and neighbors towards one another, people towards the government, and governments towards one another. Islam states what a crime is, and it has laid down basic rules concerning these unchangeable concepts. It has not limited the practicing of these unchangeable rules on all events and happenings, but has commanded them to be practiced in con formity with common usage.

In the book Durar-ul-Hukkam, an explanation of Mecelle, from article 36 onward, it is written: "Rules depending upon a Nass (Âyat-i karîma or Hadîth-i sharîf with a clear meaning) or a Dalîl (proof) do not change in the course of time; however, rules depending upon customs and common usage may change with time. The Hukm-i Kullî (general rule) does not change, but its application to events may change in time.

Whenewer a newly encountered matter pertaining to worship defied solution because there did not appear to be a nas plain enough for the human intellect to determine it thereby, the great scholars of islam searched for other sources to look up the matter. One of these sources, whic they termed dalîl, was "common usage". to classify a convention with the "common usage" it must date back to time of te sahâba-i-kiram, it must be known to have been used as a dalîl by mujtahid, and it must have survived. In matters of mu'âmalât (social and business the transactions), prevailing customs of a region are applicable as dalîl unless they run counter to a certain Nass. These matter can be fully understood only by scholars of (the Islamic science termed) Figh. Allâhu ta'âlâ has established the System of Islam in such perfection as to cope every new development and invention in every country. Showing toleration and indulgence not only in social life, but also in worships, Islamic religion has given men freedom and the right to resort to ijtihâd when confronted with different conditions and necessities. During the times of Hadrat 'Umar, the Umayyads and in such a great empire as the Ottoman Empire, large communities of various peoples, spread over continents, were administered with these divine rules. Muslim accomplishments and glories have been famous throughout history. And in the future, every nation, big or small, will attain comfort, peace and happiness in proportion to the extent to which it obeys and practices these unchangeable divine rules.