The Necessity of the Islamic Legal System

[Ugur]

Are some Muslims making fun of the very idea of an Islamic state or do I misunderstand them?

There are legal rulings in the Qur'an which Allah commands us to practice like the punishments for fornication, theft or slander of fornication. Since laws like these are not recognized by the current legal systems of the world, the only way that we can carry out these Quranic commands is to institute the Islamic state inshallah. In addition, we are told to follow the example of the Prophet (peace and blessings be on him) and he instituted an Islamic state after he acquired enough power after his arrival in Medina. Moreover, Allah tells us to establish a legal system based on what He has revealed in specific ayat such as "...If any do fail to judge by what Allah hath revealed, they are unbelievers [5:44]." This is a very serious warning from Allah to us.

For the time being, our scholars should and do work on laying the foundations of the Islamic legal system based on our sacred texts. Others should try to empower the ummah in all spheres of life. Then inshallah the time will come for the re-emergence of the Islamic justice on earth.

[Ugur]

*Bumped thread*

[AliFazel]

Islamic legal system has to be one that can be administered.

This is just one example.
How would you judge an issue like ‘Divorce’?


In Sunni-Islam, One needs to say, “I divorce thee” - three times and the two people are divorced.

What happens, If her evil ex-husband keeps her in this suspended state. i.e. does not provide for her and treats this as two people are separated by divorce, but if the woman concern gets married after 6 months and her ex-husband accuses them of adultery on the grounds that he did not divorce her?

This incident has actually occurred in PAK where the woman concerned was held in prison for years awaiting to be executed.
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In the system we follow, such divorce are not acceptable – i.e. pronouncing “I divorce thee”, three times.

The Divorce is conducted in three stages.

- After the pronouncing the first divorce before the witnesses, a period is given for the two to cool down and reconcile.

- If things do not work out and they come for second pronouncing again it is conducted in the same manner before the witnesses
and the couple are given final oppurtunity to reconcile.

- If they come for the third time the final divorce is pronounced and the two parties are separated.

Under circumstances where there can be no re-conciliation – all three pronouncements are done in one sitting before the witnesses – and the two parties are separated.

We tend to keep the documentary evidence in case of future disputes.


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[Ugur]

What do you mean by "we"? Iran? Pakistan is not a real Islamic state.

[AliFazel]

Ugur said

What do you mean by "we"? Iran? Pakistan is not a real Islamic state.

I don’t want people to see this from the bias angle thats why I used the word - 'we'.
You know the reaction we get when the magic word <Shia-Sunni> is used.

But If you can look at this from an objective angle, I don’t mind informing you that 'We', indicates the procedure followed by Shias.


Also - This is only one example where Islamic Legal System, runs into problems.
You will find many such examples – e.g. the Islamic banks etc