Moderation of Islam in legislation
Talking about moderation of Islam in matters of legislation is a lengthy, as it includes all aspects of the Islamic legislation, and because all rites of Islam demonstrate moderation in neither extravagance nor remissness.
This is manifested in many aspects in Islamic Shari’ah including:
1- Gradation in legislation:
of the mercy of Allah by which He sent His Messenger is that people are not charged with rulings all at once, rather it was gradual. This is demonstrated in many rulings especially in the area of prohibitions, like removing idols from around the Ka’bah at the day of Mecca Opening, and prohibiting wine gradually. Regarding this, Allah Almighty says: (They ask you about wine and gambling. Say, “In them is great sin and [yet, some] benefit for people. But their sin is greater than their benefit….), [ Quran 2:19].
Then says:” O you who have believed, do not approach prayer while you are intoxicated until you know what you are saying…”[ Quran 4:43].
then, Allah revealed the verse which reads: (O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah], and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful.) [ Quran 5:90], and many other issues have been prohibited gradually by the wise legislation of Islam.
The wise Islamic Shari’ah adopted gradation approach in prohibition issue to prepare souls and tame them to accept fully the rulings of Allah and then practice them.
This gradation had a great divine wisdom as deliberateness in uprooting the long-lasting vicious customs that inherited from the ancestors is the best manner to eradicate bad habits prevailing in societies.
This is the most effective approach Da’yah should observe.
2- Facilitation in the obligations of Islam:
When pondering on the Islamic rulings, one finds that they are mainly based on facilitation, rather it is a divine and prophetic approach, and distinguishing feature of Islam.
The Prophet, pbuh, has been keen to practice facilitation and used to urge his companions to observe it. In this regard Allah Almighty says: (Allah intends for you ease and does not intend for you hardship) [ Quran 2:185].
(And We will ease you toward ease) [ Quran 87:8].
(Allah does not intend to make difficulty for you)[Quran 5:6].
and (and has not placed upon you in the religion any difficulty) [ Quran 22:78].
From Sunnah, Abu Hurairah narrated that the Prophet, pbuh, said:(Religion is very easy and whoever overburdens himself in his religion will not be able to continue in that way. So you should not be extremists, but try to be near to perfection and receive the good tidings that you will be rewarded; and gain strength by worshipping in the mornings, the nights.).
and also Anas ibn Malik narrated that the Prophet, pbuh, said: (Facilitate things to people (concerning religious matters), and do not make it hard for them and give them good tidings and do not make them run away (from Islam).”).
Moreover, the Prophet, pbuh, used to instruct his envoys sent to call people to Islam to observe facilitation, He, pbuh, instructed Mu’adh and Abu-Musa, when he sent them to Yemen, as saying: (Facilitate things to people (concerning religious matters), and do not make it hard for them and give them good tidings and do not make them run away (from Islam), be flexible to each other and do not dispute.)
These texts imply good news of the grace of Allah and His abundant reward, and the ampleness of His mercy. Also these texts ban frightening people from Islam through mentioning different forms of threat unmixed with the reward of giving glad tidings to people.
The Prophet, pbuh, chose facilitation at all times, as ‘Aishah, may Allah be pleased with her, narrated as saying: (Whenever the Prophet was enabled to choose between two things, he would choose the easier of them).
The wise legislator, Allah Almighty, as decided by scholars, has made it of the major rules in legislation that that difficulty leads to facilitation
3- Justice in legislation:
justice and moderation are two synonyms, Allah Almighty says: (And thus we have made you a just community that you will be witnesses over the people and the Messenger will be a witness over you. And We did not make the qiblah which you used to face except that We might make evident who would follow the Messenger from who would turn back on his heels. And indeed, it is difficult except for those whom Allah has guided. And never would Allah have caused you to lose your faith. Indeed Allah is, to the people, Kind and Merciful.) [ Quran 2:143].
Abu-Sa’id Al-Khudri reported that the Prophet, pbuh, said: (Noah and his nation appear before Allah and Allah ask him: O Noah! did you convey My Message? Noah replies: yes, my Lord. Allah then asks his nation: did Noah convey My Message to you? They reply: no, we received no prophet. Then, Allah asks Noah: O Noah! Who would witness for your behalf? Noah replies: Muhammad and his nation, namely Muslims. We, therefore, witness that he, Noah, conveyed the Message of Allah to his people, and this is the purport of the verse which reads: “And thus we have made you a just community that you will be witnesses over the people”).
So long as Allah Almighty made Muslims witnesses over the people on the Day of Judgment and made them just by the Quranic verdict, then if their witness is accepted and should be approved in courts.
If just Muslims witnessed that someone is a pious, their witness is accepted, even if he is otherwise in absence, and so is the case if they witnessed he is vicious. Governor should act according to the testimony of the just people, and Muslims are witnesses, and Allah Almighty confirmed Muslims as just people, and the Prophet, pbuh, held them high-esteemed.
Traslated by : Ammar
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