Difference between Law and Constitution? Question by Farooq

[Drcheema]

Can someone more knowledgable highlight what is the difference between

1. Islamic Law and
2. Islamic Constitution

Additionally:
Are constitution and Law two different things? Or
These are same?
Which one of them derives which one?
How can we make a difference between the two?
Which country or Muslim Majority country has Quranic Constitution?
Can a country known to have non-Islamic constitution will become Islamic country if muslims turn out to be in majority without changing its constitution?

_________________
Farooq S. Khan
Houston, Texas


Salamun Alaikum
Brother Farooq
Constitution by definition is a document which provides infrastructure and sets the boundaries and the acts committed outside those are considered a violation. Laws are the basic prnciples of that constitution which further lead to more clear direction and the next stage is legislation which is changeable and depends on the circumstances and interpretition of the constiution.NEeverthe less, no legislation will be considered a final interpretition of the Law, its subject to ammedment.
Quran is the "consitution of humanity" which procides the basic laws and principles and leaves the future generations of the faithfulls to revise the interpretition and understanding based on the intellectual advancement and evolution. No interpretition will be ever final one, there is always a room to improve. For example the Giant scholars of Quran namely, Sir Syed AHmed Khan, Allamah Inaytullah Al_Mashriqi, Allama G A Parwaiz, revolutionised the understanding of Quran in their times and their work will always be considered a land mark but they never claimed to have said the final word, it took an other 50 years when Dr Shabbir Sahib, brightneded the horizon of Quranic understanding and unmasked so many things which other teachers have missed out, such as hoax of "Imaaduddin", "Karbla story", to name a few. A man can do much and there is always something left to be done.
No so called muslim country has true ISlamic consitution. Pakistan is one of the few countries whose consitution of 1973 was close to the spirit of Quran but alas a dictator slained it ruthlessly. When i read the 1973 consitution i saw pages over pages were crossed out. Recall, when Maulana Obaidallah Sindhi R ( a great Quranic scholar) was invited to USSR ( after october revolution), he went and delivered speeches on the Quranic ideology and laws. Memebers of communist party applauded it a lot but asked a simple question which left Maulana marhoom speechless, the quesiton was " Is there any country where this Law ( Quran) is implemented and practiced???.
Neevretheless, if a consitution is not implemented in any land, it does not null the authenticity of that document rather a retrospective search can provide ample evidence to the authenticity and effectiveness of that body of laws.Historians have recorded much data to support the claim that Quran is the best consitution and indeed the consitution of Humanity.
Muslim majority does not make a country an islamic one. I will take the liberty to narrate a short story here. Once, Chief Deen of Jamiat ul Azhar Muftee Mohyammad Abdohoo ( pupil of Syed Jamalud Deen Afghani ) visited England, on his return in one of his speech he stated, " I saw Islam in England but no muslims but here in Egypt i see muslims but no islam".
So brother dear, look at the wellfare state concept of the West, is'nt it Islam? i think Western countries have adopted more islamic traits than any so called muslim majority country.

"Sharia" means a constantly flowing spring of water, it fits perfectly to the constantly evolving understanding of Quran generations after generations but look what we did. We fixed "sharia" to 3rd century books.

Best Regards

[FarooqKhan]

Thanks for answering this "orphaned" set of questions. Basically, I raised these questions in response to another topic. Had my questions kept in the same place, this would truly make the difference. However, Thanks for responding to my questions. My understanding from your response, at this point is:

1. Constitution is set of principles.
2. Laws are derived from the constitution.
3. For Muslims, Quran lists the ultimate constitution.
4. No so called muslim country has an Islamic constitution.

Please help correct my understanding.

One question which has not been answered and demands a bit attention is:
Can a country known to have non-Islamic constitution will become Islamic country if muslims turn out to be in majority without changing its constitution?

Will someone more enlightened shed some light on this real issue?

Regards,

[Ahmed Mateen]

Salaam,
According to my humble understanding, it is clearly states in the Quran that The Quran has to be the onyl Constitution of an Islamic state, if Muslims turn out in majority and dont change the constitution it cannot be an Islamic state, as in the following Verses it is clear:

ومن لم يحكم بما انزل الله فاؤلئك هم الكافرون
5:44 Whoever does not judge and rule according to what Allah has Revealed, such are the disbelievers.

ومن لم يحكم بما انزل الله فاولئك هم الظالمون
5:45 Whoever does not judge or rule according to what Allah has Revealed, such are the wrongdoers.


22:41 Those who, if We give them power in the land, establish Salat - the Divine System - set up the Just Economic Order of Zakat (in which wealth circulates freely to nourish every member of the society, and the basic needs of all individuals are taken care of). Their rule ensures that the Divine Moral Values are promoted, and what the Qur’an forbids, is discouraged. And in their governance all affairs are decided according to Allah's decrees (in the Qur'an 5:44).

The Above Verses are the basic Criteria to judge if a state is an Islamic state or Non ISlamic.


-May Allah Increase Us In Knowledge.

[Dr. Shabbir]

Farooq Bhai had a good question, and answers by the youngsters, Taseer and Mateen are amazingly accurate and revealing.

Look at Taseer's explanation and Mateen's very apt quotation of ayat!
What will they do 5-10 years from now! 8)

May Allah increase all of us in Knowledge!

[FarooqKhan]

Thanks again to very knowledgable brothers for responding with excellent and related information.

Can we establish from these responses that majority or minorty of people practicing Islamic rituals does not constitute a state which follows divine principles (not merely laws). Rather a state following Divine Principles (ordained by Allah in Quran) shall be characterised as a state which will be blessed and rewarded by promises Allah T'ala makes in the Hole Quran.

We still need to find out:

1. Is there a state which has constitutional principles establised according to the priciples laid out in the Quran?
(Please do not confuse with majority of people practicing personal Islamic rituals or establishment of head chop, hand chop or legs chop squares to tarnish humanity and abolish Quranic Priniciples).

2. Will the personal rituals be gloabl principle of such state? Or will "Personal Rituals" be constituted (note use of constitution) as Religious freedom?
Examples of personal practices are:
for muslims: Iman, Salat, zakat, Saum, Hajj (this is commonly listed but is greately flawed.)
For christians: Trinity, Sunday service, charity and various events.
For Hindus and Jews and others: Their set of beliefs and practices.

This leads to the next question:
If the personal practices are merely one clause of such a constitution which can be labeld as "Religous Freedom" then what additional principles will be required to complete such a constitutional document?

I am not expecting a white-wash answer "Hey!, Just use Quran." I am expecting that the person who responds to the questions above has thought enough and assumes the responsibility of bahaviour of millions of people who will follow his guidelines. So please ponder before responding :)

Regards,

[Drcheema]

salamun alaikum
Brother Farooq
The other day i typed a detailed response to your enquiry but a wrong click made me loose all of it and then i lost my train of thought.
But, i will briefly comment on the questions posed by you.
First of all, most of the questions are a repitition of an earlier inquiry which i personally have replied in detail.
I wonder what was so difficult that you had to ask again.
And some of the question are not even good question, and by that i dont mean any disrespect but a person who has interest in Quran and has spent few years of his life in learning should not have asked these kind of question.
Lets see your questions now

Can we establish from these responses that majority or minorty of people practicing Islamic rituals does not constitute a state which follows divine principles (not merely laws). Rather a state following Divine Principles (ordained by Allah in Quran) shall be characterised as a state which will be blessed and rewarded by promises Allah T'ala makes in the Hole Quran.

Ofcourse rituals do not provide any foundation for law making, And islam, does not require useless rituals. La Ilah Illal'lah was something to do but has been reduced to something to recite. result? we are down the drain for centuries.
Certainly a state which runs the affairs based on the laws derived from the principles given in Quran would be a true Islamic Republic.

1. Is there a state which has constitutional principles establised according to the priciples laid out in the Quran?
(Please do not confuse with majority of people practicing personal Islamic rituals or establishment of head chop, hand chop or legs chop squares to tarnish humanity and abolish Quranic Priniciples

).

No sir.

2. Will the personal rituals be gloabl principle of such state? Or will "Personal Rituals" be constituted (note use of constitution) as Religious freedom?
Examples of personal practices are:

I will re-iterate, a ritual can not help run the state affairs. An islamic state will allow the non muslim citizens to perform their rituals and engage in other religious activities as long it does not threaten the security of the state.Recall, Syedna Omar R prohibited syrian christians to perform these things
-do not wear the head wear , the way muslims wear
-do not ride the seat on the horse in the styl eof muslims ( christians had a diferent style of riding seat in those days)
and there were many other restrictions on apparantly small things and later on orientalists interpretted those as "racisim". They were unable to understand the human psychology which Syedna Omar R knew. When a nation is occupied and is exposed to the victoriouis nation's culture, they loose thier identity in time. Syedna Omar R had this subtle point in his mind and did not want them to loose their identity. This is the kind of freedom Islam offers to the non muslims living in the territories of Islamic Republic.

If the personal practices are merely one clause of such a constitution which can be labeld as "Religous Freedom" then what additional principles will be required to complete such a constitutional document?

Are you referring to Quran, when you mention consitution?
If this is the case, then let yoruself hear loud and clear
AlYauma Akmalto lakum deenakum, wa atmamto alaikum nehmatee, wa radheeto lakomul Islama Deena.

No other document will ever be needed to complete this constitutional document.Each and every word of this document is a complete reality.
And this document does not approve of any useless ritual. HOwever, if someone wants to waste time he or she is free to do so but one must not reffer to it as a Quranic injuction.

I am not expecting a white-wash answer "Hey!, Just use Quran."

I dont know about others but personally i find this line very objectionable and typed with out much thought. If you are here then you must know we are the students of Quran and this is the only Book we are going to ask you to open and read.
So here is the "white wash" answer", Please open Quran and find the answers to your questions, I guarantee, you will never ever be disappointed if you unlearn the old beliefs before reading this most magnificent document.
I think questions should be asked after some home work. I'm sorry to say but your questions did not reflect if any home work or self research was done.
Best Regards