al-Tashri al-Islami Salih lil-Tatbiq fi Kull Zaman wa Makan
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- al-Jāmi‘ah al-Islāmīyah
al-Tashri al-Islami Salih lil-Tatbiq fi Kull Zaman wa Makan (Islamic Legislation is Suitable for Application in Every Time and Place) is a legal and theological treatise by the scholar Muhammad Fahmi Ali Abu al-Safa, completed on 20 Rabi al-Thani 1396 AH (19 April 1976 CE) . The work examines the universal validity, ethical foundation, and adaptability of Islamic law (Sharia), arguing that its divine source, overarching objectives, and comprehensive principles make it permanently applicable across diverse eras and societies .
Structure and Core Themes
The author organizes the treatise into an introduction followed by eight thematic sections :
- Introduction and the Nature of Legislation: Explains that Islam was revealed as the final religion after human reason had matured . Divine legislation (tashri') concluded with the death of the Prophet Muhammad ﷺ, whereas jurisprudence (fiqh) continues as the derivative human understanding and application of the Quran and the Sunnah . The universal scope of the message required conveying it to leaders across nations, such as Heraclius, Khosrow, and the Negus .
- Wisdom Behind the Emergence of Islam in Arabia: Details why the Arabian Peninsula was suited for the emergence of the message, noting that its inhabitants comprised a mosaic of differing beliefs—including idolaters, venerators of spirits and angels, Zoroastrians, Jews, and Christians—enabling the nascent faith to address and debate various religious systems simultaneously .
- Domains of Islamic Legislation: Identifies three broad branches of Islamic teachings: credal rulings (al-ahkam al-i'tiqadiyyah), treated in the science of theology (ilm al-kalam or tawhid); moral rulings (al-ahkam al-khuluqiyyah), establishing virtues like forbearance, humility, and purification of the soul; and practical rulings (al-ahkam al-'amaliyyah), regulating worship, family relations, civil transactions, penal codes, governance, and judicial administration . Productive labor and worldly striving are treated as integral to religious duty rather than antithetical to worship .
- Collectivist Orientation (al-Naz'ah al-Jama'iyyah): Explains that Islamic law balances individual and collective welfare while prioritizing the common good over private interest whenever they conflict . It restricts the abusive exercise of individual rights through principles such as the prohibition of harm ( لا ضرر ولا ضرار , "There shall be no harm and no reciprocation of harm"), the right of preemption (shuf'ah), and the ban on monopolistic hoarding (ihtikar) .
- Distinguishing Features: Contrasts divine legislation with man-made laws, asserting that divine law addresses the inner conscience and moral purification of the individual rather than relying solely on coercive penal deterrence .
- Preservation of the Five Essential Objectives (al-Maqasid): Elaborates on how Islamic legal principles safeguard the five universal necessities: religion (al-din), human life (al-nafs), intellect (al-'aql), progeny (al-nasl), and wealth (al-mal), both by fostering their preservation and by establishing penalties against their violation .
- The Explanatory Function of the Sunnah: Demonstrates how the Prophetic Sunnah expounds Quranic generalities, establishes guidelines for social etiquette and civil relations, and provides legal paradigms for juristic deduction (ijtihad) and analogy (qiyas) .
- Adaptability to Diverse Environments: Discusses the built-in flexibility of Sharia through the removal of hardship (raf' al-haraj), accommodation of necessity, and the setting down of universal maxims for commercial transactions rather than rigid minute stipulations . It also highlights absolute legal equality regardless of rank, wealth, or status .
- Principal Values Promoted by Islam: Concludes by highlighting four core principles: absolute justice and equality, mutual consultation (shura), tolerance toward individuals and non-hostile communities, and social solidarity through financial responsibility toward the poor .
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