Type of Argument: Legislative

99 pages

• Only God has the right to declare things lawful and unlawful
• Adoption is permissible in specific cases
• Definitive prohibition is God’s prerogative
• The third pillar is righteous action
• Some prohibitions are subject to ijtihad
• Contracts are an alternative basis to slavery
• Law regulates practice within the constitution
• Right-hand possession as contractual relations
• Actions prohibited on human grounds
• Coercion is excusable in some cases
• Human beings regulate only what is permissible
• Prohibition is a purely divine right
• Human legislation does not add new prohibitions
• Human legislation is changeable
• Wine and gambling are forbidden acts, not prohibitions
• Apostasy is not a Qur’anic ruling
• Authority does not compel observance of rites
• The Sharia closes the door to human prohibition
• Prayer, almsgiving, fasting, and pilgrimage are rites
• Violence is the final stage of jihad
• The jurists’ role is confined to rites
• Qur’anic prohibitions are fixed and limited
• Prohibited acts are subject to ijtihad
• Parental disobedience carries no fixed legal penalty
• Repression of freedom legitimizes jihad
• Those vested with authority have legislative power
• Hadiths that contradict the Qur’an are rejected
• Legislation and prohibition are attributes of God alone
• The Sharia opens the field of ijtihad
• The basic rule in things is permissibility
• Legislation cannot be derived from Qur’anic narratives
• Narratives are not used for legislation
• Legal rulings have limits
• Legislation should take into account changing reality
• The upper limit and the lower limit
• Limits are the basis of the Sharia
• Limits are the basis of legislation
• Lewd acts are of many kinds
• Retribution addresses mass killing
• The seventh command regulates sale and production
• Killing children out of poverty is prohibited
• right
• There is no abrogation in the Muhammadan message
• The verse on zina targets open lewdness
• The verse on theft means deterrence, not amputation
• Consuming wealth unlawfully includes bribery
• Detailed rulings are open to practical ijtihad
• Rulings have both a divine and a human dimension
• Prohibition is a purely divine right
• Prohibition in Islam is limited
• Qur’anic legislation requires contextual elaboration
• Legislation responds to changing reality
• What is unlawful is confined to what God has forbidden
• Usury is prohibited because it harms the debtor
• The Messenger is a conveyor, not a legislator
• Zakat is a distributive social duty
• Penalties are legal limits that can be regulated
• Legitimate fighting repels aggression
• Retribution falls within the civil system’s jurisdiction
• Parental disobedience is prohibited
• Killing children for fear of poverty is prohibited
• Taking life is prohibited except by right
• The orphan’s property may be approached only in the best manner
• Enjoining what is right is invitation, not coercion
• Extravagance is exceeding measure
• Prohibition belongs to God alone
• Legislation passes into the realm of ijtihad
• Sovereignty means the limits of prohibitions
• The message is the domain of fixed rulings
• Deeds have an effect on the hereafter
• The prescribed denotes specification and clarification
• Legitimate fighting serves freedom and justice
• Fighting is an emergency obligation, not an end in itself
• The Muhammadan narrative is not general legislation
• Three aims of Qur’anic fighting
• There is no worldly legal penalty for the apostate
• The objectives of the Sharia are broader than five
• The Mother of the Book is closed to ijtihad
• Restricting prohibition to God
• The inheritance verses are general laws
• The verse of light sets a minimum for dress
• The nearer relative excludes the more distant
• Inheritance is a fallback law in the absence of a will
• The house remains the wife’s right
• Prohibition belongs to God alone
• Prohibition requires a messengerly authority
• Polygyny is conditional
• Polygyny is linked to widows and orphans
• Distinguishing between the unlawful and the prohibited
• The jilbab is a transitional instruction
• The dispensation is almost confined to food
• Divorce is a mutual right
• Prescribed shares and limits in inheritance
• The will achieves private justice
• The will takes precedence over inheritance
• The minimum limit of women’s dress
• The shares of spouses and siblings are subject to change
• The space of dress between the two limits
• The function of clothing is to ward off harm