The Quranic Sharia Legislation Methodology of Prohibition: A Practical Study
Published in October 16, 2008
Translated by: Ahmed Fathy
Introduction:
1- When an illiterate villager was walking in the streets of Cairo with his friend, he felt the urge to urinate, and he did so in Tahrir Square in public, never heeding that others are staring at him in amazement! His friend told him that this is haram (i.e., forbidden, using Islamic terminology). Sadly, this word (haram) is being uttered by millions of Egyptians and Muhammadans without knowing that the topic they are talking about has nothing to do with religion. The villager who pissed in the square told his friend that there is nothing in the Quran or Sunna hadiths of Al-Shafei and Malik that prohibits urinating in public at all. The other friend was confused, and when he asked his sheikhs and clergymen in the very next day about this issue, they found no evidence in the Quran and their so-called Sunna hadiths to prohibit this deed. Of course, hot debates ensued later on within Al-Azhar and the press, just like the case with niqab, veil/hijab, breastfeeding adults, organ transplants, drinking camel's urine, etc. as is the typical case within our corrupt era. Of course, this is a fictional story; we use it here to assert that Quranic commands within Islam about prohibitions does not include everything and every issue; this is not known by scholars for 13 centuries, as they could not reach the conclusion that if an item or a deed never mentioned in the Quran, it is permissible and not prohibited by their desires. Of course, Sunnite scholars never really believed in the Quran nor in God, and they never had the ability to infer and deduce rules from the Quranic text. This is why in hadith books of Al-Shafei, Malik, etc., these authors rarely quote the Quranic verses and Quranic sharia laws. In some cases, Al-Shafei quotes Quranic verses to contradict them by the hadiths he invented; shame on him!
2- The aim of this article is NOT merely to discuss briefly theQuranic sharia legislation methodology of prohibition; we aim also at showing how Quranist research is being done, exemplified in this article to serve as a model for young Quranist researchers within our Quranism website.
3- The problem is the Quranic sharia laws and legislations are overlapping and repeated within the contexts of many Quranic verses, and Quranist researchers might be confused if they do not know yet the keys of Quranist research. Of course, these keys depend on the Quranist researchers themselves; they must believe wholeheartedly that the ONLY source of Islam is the Quran, and they must research Quranic verses regarding any given topic without a prior notion, bias, or prejudice, or any idea they are bent on proving as true. Besides, Quranist researchers must be 100% ready to discard any inherited and traditional notions when found (by Quranist research) as contradicting the Quran. True Quranist researchers must not fear people's objection; they are keen only to please and sanctify our Lord God, even if people persecute or harm them for expressing their opinions. Quranist researchers must spend hours daily within contemplating the Quranic text and to quickly find the location of its verses (if not memorizing them) and to get to know an define Quranic terminology from within the Quranic text itself. Quranist research is based on destroying ancient faulty notions of fiqh and to build a new reflection/pondering and understanding based on collecting all verses related to a given topic so that one gets to know the Quranic stance regarding the issue at hand. Thus, Quranist researchers must discard all old, inherited notions within ancient Muslim history and books on their politics, civilization, social aspects, and intellectual aspects as well as religious thought and fiqh writings and sets of terminology that inevitably contradict the Quranic terminology.
4- Getting to know the Quranic legislation methodology is difficult, let alone regarding the topic of prohibition with its intricate overlapping with many details within many Quranic verses, within the three spheres of Quranic legislation (i.e., legislative commands, legislative rules, and legislative purposes). Thus, Quranist researchers must not be distracted by other details beyond the topic at hand (here: prohibitions in the Quran). Let us tackle in detail the keys of Quranist research below; may God help and guide all of us.
Firstly: the first key: "...His is the creation, and His is the command..." (7:54)
1- The core of real Islam is the testimony of (There is no God but Allah), and all Quranic sharia legislations/laws stem from it. The meaning of this testimony of monotheism is repeated in the Quranic text hundreds of times. The key we are tackling here related to sharia legislation entails us to tackle contexts mentioning the testimony within sharia-laws verses. Thus, within part of a verse like "...His is the creation, and His is the command..." (7:54), we conclude that God is the Only Legislator in the religion of Islam; no one is to invent laws from his/her own mind and ascribe it to Islamic sharia laws of the Quran. Sunnites did the exact opposite as they never believe in the Quran and they never glorify God truly and devoutly.
2- Within this phrase "...His is the creation..." (7:54), we understand clearly that God is the Creator of everything on Earth and in the universe. Even the most evil self-deified disbeliever, i.e., Moses' Pharaoh, never said he created the universe or human beings or that he created himself and the Earth. No atheists or disbelievers in any era would dare to embrace or announce such a claim or that they witnessed the time when God created the heavens and the Earth as well as human beings: "I did not call them to witness the creation of the heavens and the earth, nor their own creation; and I do not take the misleaders for supporters." (18:51). The fact that God is the Creator cannot be denied by any mortals; yet, God repeats this fact within the Quranic text to prove wrong those in every era who deify and sanctify (alive or dead) mortals as deities beside Allah: "Do they worship within polytheism those who create nothing, and are themselves created?" (7:191). God defies such polytheists in this verse: "Such is God's creation. Now show me what those besides Him have created..." (31:11). Of course, this defying the polytheists is also a type of ridiculing them; this sarcasm is repeated in these verses: "...Or have they assigned to God associates, who created the likes of His creation, so that the creations seemed to them alike?..." (13:16); "...Is there a creator other than God who provides for you..." (35:3); "Or were they created out of nothing? Or are they the creators?" (52:35). Thus, it is silly that polytheists know that God is the Only Creator of the universe and yet they deify other created mortals beside Him: "Is He Who creates like him who does not create? Will you not remember?" (16:17). Of course, the answer to all these Quranic questions is the submission to the fact that God/Allah is the Only Creator of the Universe and it is illogical to worship and deify mortals beside Him. Some Quranist researchers might think that this repetition seems strange and it has nothing to do with our topic at hand (i.e., Quranic legislation methodology of prohibition), as these verses address polytheists, disbelievers, and atheists in past eras. We must bear in mind that these verses address all people in all eras till the end of days; they now address Muhammadans who adhere to earthly, man-made religions never endorsed by Almighty God as they deify and sanctify mortals, despite the fact that deification and sanctification must be devoted entirely to God. The Muhammadans deify Muhammad as a god beside Allah, as do Christians who deify Jesus, and then, Muhammadans devote sanctification and deification to other mortals alongside with Muhammad: saints and imams, within the Sunnite, Shiite, and Sufi religions. Thus, the Muhammadans inserted Muhammad's name by force within the monotheism testimony and made it into a dual one, within the Azan (call to prayers), and inside prayers and other acts of worship like pilgrimage. This allowed ample room to deify saints, imams, scholars, clergymen, ancient authors, and the so-called companions of Muhammad and his household members. To devote 99% of deification and sanctification to God and 1% to Muhammad is utter polytheism punishable in Hell for eternity if one does not repent before one's death, let alone devoting 99% of deification and sanctification to mortals (prophets and non-prophets) and 1% to God! Of course, deifying Muhammad includes the so-called intercession on behalf of sinners in Hell in the Hereafter, as if Muhammad will 'force' God to remove them from Hell to enter into Paradise! Thus, Muhammadans made Muhammad a deity in full control of the Last Day! Likewise, the Sunnites prefer Al-Bokhary hadiths to God's Word in the Quran! This is why we assert here that it is of vital importance in this article/research to remind readers of these verses that address the Muhammadans who adhere to man-made, earthly religions, because these verses assert the difference between their saying by their mouths NOT within their hearts the testimony of monotheism and their actual practices and acts of worship that deify mortals and tombs; indeed, it is funny and ironic that Muhammadans mock Christians (who worship Jesus as a god and deify clergymen and monks), while forgetting that they worship Muhammad as an immortal deity and do the same with ancient imams and authors. Thus, Quranist researchers must believe 100% in monotheism and its testimony of (There is no God but Allah) so that their Quranic knowledge increase and their minds would be opened to receive the Quranic Light: God's Word given to humankind by the Creator of the universe Who never accepts any creatures(s) as partner(s) worshipped as deities beside Him. Thus, Quranist researchers must appreciate and value God in the way the Quran specifies to them; they must not be among those to whom this verse applies: "They do not value God as He should be valued. God is Strong and Powerful. " (22:74). Thus, Quranist researchers must never care to please people as they only seek to gratify our Lord Allah by adhering to His Word, the Quran: "...But it is more proper for them to please God and His messenger, if they are believers." (9:62). By the way, the term "messenger" in 9:62 refers to the Quranic message itself and NOT to Muhammad at all. With this type of unshakable, staunch, and firm belief, Quranist researchers must free their minds from deifying and sanctifying names/people worshiped by the Muhammadans who never dare to criticize, for instance, Al-Bokhary, Malik, Al-Shafei, Al-Ghazaly, Al-Disouky, Al-Badawi, etc., and free their minds from deifying and sanctifying ancient books and authors and scholars who are treated as deities that issue religious laws to prohibit and allow items. Thus, the issue of prohibition begins here: if Quranist researchers really believe in our Lord God and in the fact that His is the creation, and His is the command, they must reject the notion that self-deified men might have the right to issue religious legislations to allow or to prohibit anything, and they must discard the notion of inserting the name of Muhammad, a mere mortal creature, beside the name of God in prayers, Azan, mosques, testimony, etc. as these practices are very insulting to God. Thus, ancient Sunnites have violated God's right of His being the Only legislator in Islam.
3- As for the phrase "...and His is the command..." (7:54), within the Quranic text, this divine command refers to God's issuing legislations within religion and to the command "Be!" in creating all things and creatures on Earth and in the universe.
(A) As for creation, we quote the following verses from various Quranic contexts: "His command, when He wills a thing, is to say to it, "Be," and it comes to be." (36:82); "...Whenever He decrees a thing, He says to it, "Be," and it becomes." (2:117); "...God creates whatever He wills. To have anything done, He only says to it, 'Be,' and it is." (3:47); "When We intend for something to happen, We say to it, "Be," and it becomes." (16:40); "To have anything done, He says to it, "Be," and it becomes." (19:35); "It is He who gives life and death; and when He decides on a thing, He just says to it, "Be," and it comes to be." (40:68).
(B) As for our topic here, the issuing of commands and laws of religion, we quote the following verses that assert that religion is God's alone all the time without any partners to issue laws on His behalf or in His name: "God has said: "Do not take two gods; He is only One God; so fear only Me." To Him belongs everything in the heavens and the earth; and to Him religion pertains always. Do you, then, fear anyone other than God?" (16:51-52). There are several differ contexts of religious commands; e.g., the particular command issued to angels and Satan/Iblis: "He said, "What prevented you from bowing down when I have commanded you?" He said, "I am better than he; You created me from fire, and You created him from mud."" (7:12), and the general orders/commands addressed to human beings: "Say, "My Lord commands justice, and to stand devoted at every place of worship. So call upon Him, and dedicate your faith to Him alone. Just as He originated you, so you will return."" (7:29); "God commands justice, and goodness, and generosity towards relatives. And He forbids immorality, and injustice, and oppression. He advises you, so that you may take heed." (16:90); "God instructs you to give back things entrusted to you to their owners. And when you judge between people, judge with justice. God's instructions to you are excellent. God is All-Hearing, All-Seeing." (4:58). Other commands are linked to dedicating one's belief and acts of worship only to God as the Only Judge of everything: " "You do not worship, besides Him, except names you have named, you and your ancestors, for which God has sent down no authority. Judgment belongs to none but God. He has commanded that you worship none but Him. This is the right religion, but most people do not know." (12:40). We notice here that God the Creator has the Absolute Command in creation and in issuing laws in His religion given to people about orders/commands and prohibitions. This topic is of vital importance in relation to human freedom in (dis)obeying God within performance of all acts of worship and religious duties of the Quranic sharia. Of course, only real believers obey God's commands fully, but they choose this freely, while disobedient ones choose to ignore and disregard the Quran. Yet, there is no escaping four fates: one's birth, one's death, one's earnings in life, and one's share of calamities during one's lifetime; otherwise, one chooses to (dis)obey and to (dis)believe in relation to religious commands, and the Day of Judgment is when all people will be judged based on their deeds and choices. A human being consists of a soul and a body; the body's organs/systems (brain, heart, etc.) work as per divine commands (till the bodies die) and human beings cannot command their systems to work or not. In contrast, the souls are free to choose and lead the body to righteousness or to sin and to (dis)obedience of divine commands in the Quran. Upon death, souls leave bodies, and on the Last Day, each soul will wear good or bad deeds committed by them during their lifetimes on Earth. Thus human beings are free in this life to choose to apply divine commands in sharia laws of the Quran or not. Thus, all religions on Earth are of two types: one true religion given by our Lord God (i.e., Quranism) and the others are man-made religions that allow disobedience of God under various pretexts and justifications by inventing sharia laws and legislations never authorized by God. What we assert here is the summary of hundreds of Quranic verses about freedom and individual responsibility in applying commands of the Quranic divine sharia laws.
Secondly: the second key: sharia legislation area in which no one is to interfere: "Or is it that they have partners who issued for them religious laws never authorized by God?..." (42:21):
Sharia law in the Quran is part of the divine celestial religion of Quranism, even God's messages to previous prophets and messengers were the same, with the exceptions of few details. God's religion, then, is one, and the last version of it in Arabic is the Great, Noble Quran: "He prescribed for you the same religion He enjoined upon Noah, and what We inspired to you, and what We enjoined upon Abraham, and Moses, and Jesus: "You shall uphold the religion, and be not divided therein."..." (42:13). Thus, sharia laws are part of religion: "Then We set you upon a pathway of faith, so follow it, and do not follow the inclinations of those who do not know." (45:18). The Quranic sharia is part of divine commands in God's religion of Quranism, and Allah is the Only Legislator in Islam: "Or is it that they have partners who issued for them religious laws never authorized by God?..." (42:21). This means that human, man-made legislations are of two types: ones permitted by God and ones never authorized by Him. So, this means that to a certain measure or extent and in some areas, human beings can issue legislations within regulations stipulated in the Quran. Yet, there are areas in religious legislations that no human beings are allowed to interfere in them to avoid the grave sin of self-deification and defying mortals who issued such legislations never allowed by God. In order to get to know religious areas that allow human laws to be issued and the areas that never allow this, we are to trace the term "permission" and its derivations in the Quranic text.
God's permission:
This term comes in many Quranic contexts regarding topics an issues like the revelation, victory/defeat, harm/benefit, miracles, guidance, fates, and Paradise. But it is beyond the scope of this article to exemplify this topic; we will tackle in detail only the issue of legislative permission related to prohibition of items.
Permission within legislations: issuing legislations in religion by human beings is NEVER allowed concerning prohibited and permissible items:
The term (permission) is mentioned within legislative commands and duties such as self-defense fighting and pilgrimage: "Permission is given to those who are fought against, and God is Able to give them victory. Those who were unjustly evicted from their homes, merely for saying, "Our Lord is God."..." (22:39-40); "And you are permitted to announce the pilgrimage to humanity. They will come to you on foot, and on every transport. They will come from every distant point." (22:27). But we focus here on the verses concerning our topic at hand: the permission to prohibit items: "Say, "Have you considered the sustenance God has sent down for you, some of which you made unlawful, and some lawful?" Say, "Did God give you permission, or do you fabricate lies and attribute them to God?" What will they think-those who fabricate lies and attribute them to God-on the Day of Resurrection? God is bountiful towards the people, but most of them do not give thanks." (10:59-60). We notice the condemnation of God here concerning those violating His right to be the Only Legislator in Islam; people are never to prohibit and allow items of sustenance as per their whims. The term ''sent down'' in 10:59 refers to the miracle of how the solar energy help plants and fruits to grow. The term sustenance include all things on earth serving people: air to breathe, food to eat, metals to use, etc. The verses 10:59-60 prohibits that mortals interfere in religious legislations concerning prohibited items at all: this is the domain of God only and no one is to prohibit anything as per personal whims as this person is NEVER authorized by God to do so and never permitted to issue laws concerning this area of religion; these people who do so are ascribing lies and falsehoods to God and His religion and will reside in Hell forever of they never repent from this sin of self-deification: "And do not say of falsehood asserted by your tongues, "This is lawful, and this is unlawful," in order to invent lies and attribute them to God. Those who invent lies and attribute them to God will not succeed. A brief enjoyment-then they will have a painful punishment." (16:116-117); "O you who believe! Do not prohibit the good things God has permitted for you, and do not commit aggression. God does not love the aggressors. And eat of the lawful and good things God has provided for you; and be conscious of God, in whom you are believers." (5:87-88).
Prohibition is God's right only:
God is the Only One to have the authority to issue religious legislations concerning prohibition of certain items, as per many Quranic contexts and styles that confine this area to God and to never allow human interference; this entails explanation in the points below.
1- To deem human interference in this area of legislations as violation of God's right, as per the verse 42:21.
2- The warning against getting nearer (even with one step) to this domain of prohibitions so as not to follow the footsteps of Satan/Iblis by adding to list of prohibited items mentioned in the Quran: "O people! Eat of what is lawful and good on earth, and do not follow the footsteps of Satan. He is to you an open enemy. He commands you to do evil and vice, and to say about God what you do not know." (2:168-169).
3- Interference in that area of prohibition is sheer polytheism and disbelief: "Postponement is an increase in disbelief-by which those who disbelieve are led astray. They allow it one year, and forbid it another year, in order to conform to the number made sacred by God, thus permitting what God has forbidden. The evil of their deeds seems good to them. God does not guide the disbelieving people." (9:37).
4- God reminds the believers of His penalizing some of the People of the Book when they violated this divine right of prohibition: "Due to wrongdoing on the part of the Jews, We forbade them good things that used to be lawful for them; and for deterring many from God's path." (4:160); "For those who are Jews, We have prohibited what We related to you before. We did not wrong them, but they used to wrong their own selves." (16:118); "For the Jews We forbade everything with claws. As of cattle and sheep: We forbade them their fat, except what adheres to their backs, or the entrails, or what is mixed with bone. This is how We penalized them for their inequity. We are indeed Truthful. If they accuse you of lying, say, "Your Lord is Possessor of infinite mercy, but His wrath cannot be averted from the unjust people."" (6:146-147).
5- The Quran links violating God's right as the Only Legislator within prohibitions to polytheism and disbelief in these verses about the regret of sinners in Hell after it is too late: "The polytheists will say, "Had God willed, we would not have practiced idolatry, nor would have our forefathers, nor would we have prohibited anything." Likewise those before them lied, until they tasted Our might. Say, "Do you have any knowledge that you can produce for us? You follow nothing but conjecture, and you only guess."" (6:148); "The polytheists say, "Had God willed, we would not have worshiped anything besides Him, neither us, nor our ancestors, nor would we have prohibited anything besides His prohibitions." Those before them did likewise. Are the messengers responsible for anything but clear communication?" (16:35).
6- God warns against Hell torment that will be suffered by those who prohibit the permissible items and allow prohibited ones, as they are foes of our Lord God, the Eternal Judge on the Last Day: "Those who conceal what God revealed in the Book, and exchange it for a small price-those swallow nothing but fire into their bellies. And God will not speak to them on the Day of Resurrection, nor will He purify them, and they will have a painful punishment. It is they who exchange guidance for error, and forgiveness for punishment. But why do they insist on the Fire?" (2:174-175).
7- The phrasing of verses about prohibited items use the style of confining and exceptions that allow no further additions to the list of prohibited items in the Quran, and all items outside this list are permissible. This is the topic that will be discussed further within our next article titled (in English): "The Sunnite Religion and Issuing Legislations Never Permitted by God".
Thirdly: the third key: permissible human or man-made legislations:
Sharia laws in the Quran have three areas: the commands/duties like acts of worship, prohibited items or prohibitions (and one is never to add to this list), and all permissible things and allowed items. Within allowed things, there are things known to most people as wrong, hated, or politically incorrect (e.g., urinating in streets or in public, smoking, and drugs/narcotics addition), and there are allowed things that are necessary to regulate matters and affairs of a given society: laws, education, nationalities, services, agriculture, housing, courts, political life, media, social care, etc. Within these things, we are not to say that there are items prohibited by the Quran. We only might deem a certain item as either good or harmful. This lead us to talk about the fourth key which is an important sphere in Quranic legislations: the enjoining of goodness and advising against vices. This area bridges the gap between the prohibited items and the imposed duties. This area is allowed by God to make human beings interfere and issue laws to regulate it within a given society.
Fourthly: the fourth key: known goodness items and known vices: "...He directs them to righteousness, and deters them from evil, and allows for them all good things, and prohibits for them wickedness, and unloads the burdens and the shackles that are upon them..." (7:157):
This verse is about Muhammad. Within the previous article titled "The Permissible and the Prohibited Food Items in Quranic Sharia Legislations" (found in English on this link: http://www.ahl-alquran.com/English/show_article.php?main_id=17003), we have written the following passage: (...As prohibition is a very serious issue related to God's divinity, Muhammad has been rebuked severely in 66:1 when he prohibited certain food items upon himself to please his wives: "O prophet! Why do you prohibit what God has permitted for you, seeking to please your wives?..." (66:1). Thus, prohibition is God's right only and the mission of messengers were confined to conveying God's message. Messengers were the ones conveying and uttering the divine scriptures; the Quran uttered and written by Muhammad is preserved by God: we are to follow Muhammad the messenger as he followed ONLY the message he conveyed from Almighty God; see (7:157). While rebuking the prophet in 66:1 shows that a prophet as mortal human being had his words in his daily life which are NEVER part of religion and he might make mistakes. Muhammad as a messenger who uttered the Quran could not have possibly made mistakes in conveying it; this is the difference between the Quranic terms "prophet" and "messenger"...). We add here that when God describes Moses in 7:157, we infer that human beings can issue laws and legislation related to regulation of enjoining goodness and preventing vices and evil, as per social norms. Even God has told Muhammad in Mecca (before verses of legislations descended in Yathreb city-state): "Be tolerant, and command norms, and avoid the ignorant." (7:199). This does not means that enjoining good things/deeds and preventing evil ones are based on whims, but they are done within the higher Quranic legislative purpose: to uphold justice: "We sent Our messengers with the clear proofs, and We sent down with them the Book and the Balance, that humanity may uphold justice..." (57:25); and to provide facilitation and ease for people: "...and unloads the burdens and the shackles that are upon them..." (7:157).
Fifthly: the fifth key: applying the enjoining of goodness and preventing evil: "You are the best community that ever emerged for humanity: you advocate what is moral, and forbid what is immoral, and believe in God..." (3:110):
We infer from this verse above that 'Muslims' will be a great nation ONLY if they apply this verse and when they believe in God alone without other mortal deities. True believers were so in the Yathreb city-state and the freedom at the time allow opposition figures to act peacefully and declare their rejection of Islam by advising people of evil things and preventing good deeds (see 9:67 and 9:71); yet, for centuries until now after the death of Muhammad, the so-called 'Muslims' have rejected the Quran to believe in the sham, fake religion called the Sunnite religion, which is filled with falsehoods of Satanist revelations. Once Muhammad died, most Arabs have rejected the Quranic Truth; peaceful Quranist reformist thinkers suffer persecution now as a result. Within these brief points, we show the difference between the meaning of enjoining goodness and preventing evil deeds in the Quran in contrast to the Sunnite religion, and this will be the topic of a full article/research later on written by ourselves soon.
Features of enjoining goodness and preventing evil deeds:
1- It is only by verbal advice; no one is allowed to enforce things or behaviors on others; only the State or government (chosen by people/citizens) is to punish those criminals who harm others and violate man-made laws within justice as the general rule and higher value. Of course, there are certain punishments mentioned in the Quran regarding sexual slanders against chaste women, fornication/adultery, murder, and theft, and the penalties are applied or not as per judiciary system and the value of justice applied in a certain State within certain conditions and laws agreed upon by citizens.
2- This is linked to freedom: we are to offer verbal advice and then leave people be. We are not to impose application of anything on any people, but to stay away from them after advising them: "O you who believe! You are responsible for your own souls. He who has strayed cannot harm you if you are guided. To God is you return, all of you, and He will inform you of what you used to do." (5:105). God has said to Muhammad: "And lower your wing to those of the believers who follow you. And if they disobey you, say, "I am innocent of what you do."" (26:215-216); this means Muhammad never punished those who violated Quranic laws but rejected and condemned their deeds only and not the persons/sinners, as they were called to repent and he did not regard them as 'apostates' or 'infidels'.
3- To advise of good deeds and against evil ones is NOT a mission undertaken by the State; this is done peacefully by all individuals and citizens within a given society, not a certain group that might think of itself as infallible: "And let there be among you a community calling to virtue, and advocating righteousness, and deterring from evil. These are the successful." (3:104). Islam (i.e., Quranism) is against the notions of clergy and that mortals might deem themselves as infallible; this verse applies to such sinners: "Do you command people to virtuous conduct, and forget yourselves..." (2:44). It is OK that a given State must have police to punish criminals as per man-made laws without adding a religious flavor to such penalties.
Advising of good deeds and against evil ones in practice and codification:
Details of that lengthy topic will be covered fully in a coming article/research; we provide here brief points regarding our topic here of advising of good deeds and against evil ones:
1- Enjoining goodness and preventing evil entails application of advice based on the Quranic Truth, but NOT by force by individuals at random; rather, issuing laws within a Quran-based state and based on agreement of all citizens within the framework of justice and reserving rights, especially personal freedom and not allowing anyone to harm people by any means.
2- Social norms are accepted as criteria to know that is harmful as violation of rights and what is deemed as good deeds of justice and fairness, within the theoretical level, and within practice, each State should issue laws to regulate application of justice. For instance, judges in court should estimate as per certain conditions and norms of Quran-based rule within a given society how guardians of orphans should spend money of orphans and when to give them back their money as they grow up to apply this verse: "Test the orphans until they reach the age of marriage. If you find them to be mature enough, hand over their properties to them. And do not consume it extravagantly or hastily before they grow up. The rich shall not charge any wage, but the poor may charge fairly. When you hand over their properties to them, have it witnessed for them. God suffices as a Reckoner." (4:6).
3- Enjoining goodness and preventing evil changes in practice an application as per the changing of locations and eras; e.g., urinating in public in Cairo, Egypt, as per the fictional story above, is something unacceptable, and yet, it is acceptable in African forests. Another example is that when a man kisses his wife in public in a rural village in Egypt, this would seem indecent, whereas kissing in public is normal in the West countries. Smoking hash was normal in Egypt in 18th and 19th centuries, but now, it is a crime punishable by imprisonment. Thus, social norms change with the passage of time.
4- This change in social norms is reflected in changing laws concerning crimes and penalties for them and how to regulate what is permissible for the benefit, welfare, and interests of society and citizens within the social, political, and economic fields. God allows us to regulate the permissible items (outside the list of prohibited ones in the Quran and the list of religious duties and Quranic commands), within ease and facilitation as the major legislative purposes of Islamic/Quranic sharia laws.
5- Codification of laws as per social norms regarding the permissible items includes sharia details in the Quran: some of the Quranic sharia laws do NOT entail interference of the State as they are left to the conscience and piety of good Muslims; e.g., atonement for swearing by the name of God in vain (see 5:89), dealing fairly and kindly with one's wives and ex-wives (see 2:231), and written will and testaments (see 2:180). Yet, other Quranic sharia details must be applied by the interference of the State and enforcement of laws within mechanism suited for a given society and judges who are learned and knowledgeable in the Quran; e.g., laws of divorce and divorced women's rights in the Quranic Chapter 65 (titled: Divorce).
6- Thus, God allows human beings to issue laws within the application and codification in the domain/area away from prohibited items within the Quran and away from acts of worship and religious duties; besides, people at that case must not use words like "prohibited" and "permissible", as they are to use the terms good/evil deeds as per social norms within Islamic justice, ease, and facilitation commanded in the Quran and without hindering personal freedom. For instance, a State cannot 'prohibit' smoking, but it may issue laws to prevent minors and children from it or to prevent it in certain places and locations. As for drugs/narcotics, a State may issue laws to ban them and punish dealers and consumers of such substances (without inserting religion in that issue) within democratic laws passed within parliament representing people/citizens to be valid.
7- The Quran-based rule within given country or State is the one that applies Quranism that entails direct democracy (as inferred from 24:62 as all female and male citizens shared authority and consultation within the Yathreb city-state with Muhammad as its leader), and NOT parliamentary representatives indirect democracy. In short, the Quran-based rule is the one applying all human rights, especially absolute religious freedom (i.e., lack of persecution and coercion/compulsion in matters of religion), as one's faith (or even lack of it) is God's business on the Last Day; we are not to deify one another and be judgmental on others in relation to beliefs and faiths. Thus, the State is a social contract within which a leader/ruler receives allegiance sworn by all citizens (as was the case of the Yathreb city-state led by Muhammad) within justice, freedom, responsibility, and piety as well as equality of both sexes of citizens, unlike the Middle-Ages culture of Arabia at the time; see 60:12, 48:10, and 24:62. Obeying Muhammad as a leader was linked to justice and social norms of what is deemed good and what is deemed as vice and evil. Both men and women advised of goodness and against evil deeds, within justice and obeying God as per His higher Quranic values. No mortals are to be above this law; see 3:103, and no groups are to think that they are superior and force people to do or not to do anything; all citizens should apply 3:103 equally. This is the real Islam-based country and Quran-base rule within a Muslim society. Obeying Muhammad as a messenger was linked to the Quran verses he uttered; obedience was NEVER to Muhammad as a mortal prophet but to the Quranic message and divine commands he recited; see 4:59 and 4:80. This is why Muhammad has been rebuked as a prophet in several verses when he made mistakes. The only thing within which he never made mistakes was conveying the Quranic message to people. the Quran-based society and rule can issue certain specific laws (in cases of peace and war) for the general benefit, interests, and welfare of all citizens within Quranic justice and other Quranic higher values, BUT away from prohibited items in the Quranic text and away from duties and acts of worship dedicated to God.
8- A query is posed: would Muslim citizens be obliged to abide by laws in the country they live in? Yes of course; beside Quranic laws, a citizen must abide by laws agreed upon democratically by citizens in a given society as this is part of the social contract "O you who believe! Fulfill your contracts..." (5:1); by the way, laws passed within democratic mechanism are Islamic (as per Shura/consultation ordained by God), and this is how God's Quranic sharia laws and legislations are fit for all locations and eras.
A last line:
All of the above in this article about Quranic sharia laws (within its two types: Quranic legislations and laws issued by human beings) contradict the Satanist Sunnite sharia laws; this is the topic of our next article titled (in English): "The Sunnite Religion and Issuing Legislations Never Permitted by God".