The injunctions of Islamic Law are all based upon considerations of human well-being in this world and in the Hereafter and they are always just, merciful, and wise. Any injunction that is oppressive instead of just, or that departs from the meaning of mercy, or that runs contrary to the general welfare, or that is nearer to foolishness than to wisdom is an injunction that has nothing to do with Islamic Law, even if some interpretations would present it as part thereof. Islamic Law is Allah’s justice for His servants. It is His mercy to His creatures. It is the comforting shade that He affords to the Earth. It is His wisdom which is a testament to His existence and to the truthfulness of His Messenger (peace be upon him).And Allah knows best.
This al-Warkânî, his identity is unknown. Moreover, no one else ever came with a corroborating claim. If such a thing had happened, it would have been a major event and a lot of people would have narrated it. As for (the possibility of that narrator being) Muhammad b. Ja`far al-Warkânî – the teacher of al-Baghawî – he was an honest narrator. However, he had died some time before Ahmad.Therefore, what we have here is a far-fetched and unsubstantiated claim about a mass conversion that, if true, would have been of historic proportions. And Allah knows best.
The Problem of Unlawful Corporate EarningsThe problem arises in the fact that the vast majority of companies in the world do not adhere to Islamic Law in their financial transactions. Some of a company’s investment portfolio may be in bonds or in other Islamically unlawful financial instruments. Some interest will be earned by the company unintentionally through its necessary banking transactions. Unless the company is Islamic (and certainly, Muslim investors should go out of their way to support and develop Islamic companies) these earnings will not be disposed of by the company itself. What this means for the Muslim investor is that for virtually every public company, a small percentage of corporate earnings will inevitably derive from unlawful sources, regardless of the company’s actual line of business.
Interest Paid by the Company is Not Corporate IncomeThe Prophet (peace be upon him) said: “Allah curses the one who consumes interest, the one who pays it, the one who draws up the contract, and the witnesses to the contract, then he said they are same (in sinfulness) ” [Sahîh Muslim]
These Earnings Do Not Affect Profits from the Sale of the SharesThe requirement of deducting the percentage of the company’s unlawful earnings applies only to dividends earned by the shareholder. It does not apply to the profits received from the shareholder selling his shares on the stock market.
Allah’s Messenger (peace be upon him) said: “Allah is good and accepts nothing but what is good. Indeed, Allah commands the believers with the same command that He enjoins upon His Messengers, and He says:It is permissible for the charitable organization to accept the money that it knows the donor received through interest earnings. Unlawfully earned money is forbidden for the person who earned it, not for people who later receive that money from him through lawful means.
“ ‘O Messengers! Eat of the things good and pure and work righteous deeds.’ [Sûrah al-Mu’minûn: 51]
“And says: ‘O you who believe! Eat of the things good and pure that We have provided for you.’ [Sûrah al-Baqarah: 172]”
Then the Prophet (peace be upon him) mentioned a man who had traveled on a long journey, his hair disheveled and discolored with dust. “He will raise his hands to the sky saying ‘O Lord! O Lord!’ but his food is unlawful, his drink is unlawful, and his clothing is unlawful. How then can he be answered?”
Categories of Qiyâs:There are two major categories of qiyâs with respect to its strength as evidence: overt and obscure.
Areas of Scholarly Agreement Regarding the Validity of Qiyâs as a Form of Reasoning:Muslims are all agreed that qiyâs is a valid approach to reasoning in the following areas of inquiry:
Areas of Scholarly Disagreement Regarding the Validity of Qiyâs:Scholars disagree regarding the applicability of the second type of qiyâs (qiyâs khafiyy) in matters of Islamic Law. The discussion that follows will be dealing specifically with this second type.
Those who reject qiyâs are four groups. First, there are those who reject all rational evidence, and reject qiyâs because it is based on reason. Then there are those who hold that the only valid source of knowledge is that which is founded in rational necessity, and they argue that qiyâs is not founded on rational necessity.The truth is that qiyâs is a valid source of Islamic Law. The disagreements that developed regarding its validity came about after the Companions agreed unanimously that it is a valid approach, and after the Successors – the students of the Companions – applied qiyâs and endorsed it without hesitation.. This means that the disagreement came about after it had been a matter of consensus (ijmâ`).
Then there are those who do not regard qiyâs as a valid source of evidence for matters of Islamic Law.
Finally, there are those who argue that qiyâs would only a valid source of evidence for matters of Islamic Law in cases of necessity. However, there is never a need to resort to qiyâs, because in the absence of direct textual evidence, the default legal ruling is one of permissibility.
General Rules for the Valid Application of Qiyâs:There are a number of guidelines that must be observed for qiyâs to be correctly applied. We will mention these in a very brief and summarized form:
There are some people who are ignorant of these rulings and have an excuse to be ignorant. Therefore, no one should be declared an unbeliever until the proof is established to him by way of conveying the message to Him, since Allah says: “…Messengers who gave glad tidings and warnings, sothat humanity will have an argument against Allah after the Messengers.” [Sûrah al-Nisâ’: 165]Possibly the clearest proof that ignorance can be a legal excuse is the following hadith where the Prophet (peace be upon him) said [Sahîh al-Bukhârî (7506) and Sahîh Muslim (2756):
Therefore, if a person accepts Islam and does not know that prayer is incumbent upon him or does not know that wine is prohibited, then he will not fall into unbelief on either account. Likewise, he ill not be punishable for it until after the scriptural evidence has reached him…
A man who had never done any good deed before instructed his family to burn him when he dies and to scatter his ashes half on the land and half in the sea. He said: “If Allah gets hold of me, He will punish me as he has never punished anyone else before.”Ibn Taymiyah comments on this hadîth, saying:
When the man died (and his instructions were carried out), Allah ordered the land and sea to collect his remains together. Then Allah asked him: “Why did you do that?”
The man said: “Out of your fear O Lord!”
So Allah forgave him.
This man was ignorant of Allah’s ability to bring him back together, He had hoped that Allah would not resurrect him because he was ignorant of what had been revealed regarding the resurrection. Nevertheless, since he believed in Allah, His commands and prohibitions, and His promises and warnings, and since he feared His punishment, and since his ignorance was in a matter about which the proof that would have made him an unbeliever had never reached him, Allah forgave him.Today, we live in an age where the means to disseminate the message of Islam throughout the word are so varied and so advanced as to make the world as if it were a single country. Nevertheless, there are still many cases of ignorance where that ignorance is excusable. This is because there is a scarcity of knowledgeable people who put their knowledge into practice, while at the same time there are numerous people who are calling what is wrong, who are experts at making falsehood and unbelief appealing to the masses and are equally expert at disseminating misinformation.
Such people are plentiful today, and this is because of the scarcity of those who disseminate knowledge and call people to faith. There is an absence of the Islamic Message in most countries. Most of the people do not have with them enough of the Message – and of the Prophet’s legacy – to realize their guidance. It has not even reached many of them. In such times when the Message is absent, a man benefits from whatever little faith he has. Allah pardons for someone who has not had the proof established against him what he does not pardon for someone who has.The Prophet (peace be upon him) said: “A time will come when the people will not know prayer, fasting , or either pilgrimage, except for some old man or woman among them. They will say: ‘We had known our fathers to say ‘There is no God except Allah’.”
Allah’s Messenger (peace be upon him) used to stand by a tree stump – the mosque was very simply constructed back then – and deliver his sermons.There is no way to deduce a height-limit from these hadîth that simply describe the pulpit in the Prophet’s mosque. There is nothing in those hadîth to prohibit the building of a pulpit heir than three steps, and more than there is a prohibition against constructing a pulpit of fewer than three steps.
One of the Companions said: “O Messenger of Allah! Should we make something for you to stand upon on Fridays so the people can see you and so you can make them hear your sermon?”
He replied in the affirmative, and a structure of three steps was made for him as a pulpit.