Tahdhir Ahl al-Ayman an al-Hukm bighayr ma anzal al-Rahman
- Author died
- 1350 AH
- Editions
- الجامعة الإسلامية
Tahdhir Ahl al-Ayman 'an al-Hukm bi-Ghayr Ma Anzal al-Rahman (Warning the People of Faith Against Judging by Other than What the Most Merciful Revealed) is a legal and theological treatise by the scholar Abu Hibat Allah Ismail ibn Ibrahim al-Khatib al-Hasani al-Is'ardi al-Azhari (d. 1350 AH / 1931–1932 CE), addressing the obligation of adjudicating by Islamic law (Sharia) and the prohibition of adopting man-made legal codes .
Background and Context
The author composed the treatise during a period marked by political transformation and the rise of secular and Western legal systems across Muslim lands . He critiques the abandonment of the Quran and the Sunnah in favor of positive legislation, noting the establishment of civil and statutory courts under misleading titles such as Shar‘iyya, ‘Adliyya, and Huquqiyya . Following the easing of political autocracy and the emergence of diverse political currents and societies, including the Society of Muhammadan Union (جمعية الاتحاد المحمدي)—a group advocating for governance according to Islamic law—al-Is'ardi was prompted to draft a concise work clarifying the absolute necessity of Sharia and warning Muslims against foreign legal paradigms .
Content and Arguments
The treatise sets out the theological and legal foundations governing the implementation of Divine law:
- Categorization of Law: Al-Is'ardi establishes a clear distinction between three types of legal determinations: revealed law (al-shar‘ al-munazzal), which consists of the text of the Quran and the Sunnah and from which no believer may deviate; interpreted law (al-shar‘ al-mu‘awwal), consisting of the independent legal reasoning (ijtihad) of recognized jurists such as Abu Hanifa, Malik ibn Anas, al-Shafi'i, and Ahmad ibn Hanbal, which is evaluated against scripture; and altered or substituted law (al-shar‘ al-mubaddal), consisting of fabricated traditions, corrupted interpretations, or man-made regulations born of human caprice .
- Theological Ruling on Governance: The author argues that absolute justice is embodied exclusively in what God revealed to the Prophet Muhammad ﷺ . He asserts that anyone who denies the obligation of judging by God's revelation, deems it permissible to govern by human opinions instead, or prefers tribal customs and customary norms over scripture commits major disbelief (kufr) .
- Historical and Societal Lessons: The work correlates adherence to Sharia with societal strength and stability, citing the rapid conquests and unity of early generations . Conversely, it attributes modern political subjugation, societal corruption, and moral decay to the abandonment of divine injunctions, citing historical precedents such as the fall of Islamic rule in al-Andalus .
Sources and Methodology
Al-Is'ardi supports his arguments primarily through extensive quotations of Quranic passages and prophetic narrations, citing collections such as Musnad Ahmad, Sahih al-Bukhari, Sahih Muslim, Sunan Abi Dawud, and Sunan Ibn Majah . He also draws upon classical scholars, quoting Ibn al-Qayyim's I'lam al-Muwaqqi'in and Miftah Dar al-Sa'adah, as well as references to Ibn Qutayba's Ta'wil Mukhtalif al-Hadith and poetry by al-Busiri .
Publication History
The treatise was published as an early lithograph edition in Bombay (Mumbai) in 1326 AH (1908 CE) within a collection of treatises , and has subsequently been reprinted in modern editions focusing on Islamic governance and theological literature .
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