Socio Political Thought Of Shah WaliAllah Rahmatullahi Alaihi

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Selections frorn Hujjat Alldh a/-Bdlighah Almighty says in this regard: "... you should detain them after the Prayers ..."I4' 249. As to the venue prescribed for such an oath, the witness should be made to stand between rukn [one of the four corners of the Ka 'bah] and maqcim,150 if he happens to be in Makkah, or near the pulpit of the Prophet (peace be upon him) [in his mosque in Madinah], if he is at Madinah or near the pulpit of a mosque at any other place.151 This is because these places are regarded as sacred and their sanctity would accentuate the untruth of a statement, should a witness think of resorting to it. 250. There is also the need to warn people in the most serious manner about the evil consequences of committing anything contrary to what God has ordained for them with regard to the settlement of disputes, and finding out the truth of the matter in those disputes. The shari'ah has given this warning in three ways: First, that wilful commission of an act, which has been most emphatically prohibited by God, is tantamount to lack of piety, and is an act of insolence toward Him. Thus, while this attitude on the part of a witness was considered insolence toward God, its necessary consequences werealso indicated, such as inescapable entry into the fire of the hell and disqualification for the Paradise, etc. Second, that this attitude of non-observance of the prescribed norms of administering true and honest evidence, with full moral consciousness, amounts to striving for injustice. It becomes identical with theft and robbery or like conducting a thief to some wealth so as to enable him to steal it, or like abetting a highwayman. Thus the curse which descends from God, His Angels, and the people on those who strive to spread corruption, also automatically extends to him (i.e. the false witness), and he becomes liable to enter the hell. Third, that it constitutes a defiance of what God has prescribed for His servants and an effort to prevent its function, according to the will of God as embodied in His sharci'i' (codes of law). Since oath has been prescribed to unfold the truth, and evidence has been laid down to reveal the circumstances of a case, practice of false evidence and oath closes the door of the public weal, which is the chief concern of the shari'ah. 251. Among the things that close this door are:
(i) Concealment of evidence, as the Qur'Bn says: "... and whoever conceals it, his heart is surely ~inful".~"~ (ii) False evidence, which the Prophet (peace be upon him) has regarded as a major sin. (iii) False oath about which the Prophet (peace be upon him) has said: "Whoever takes oath on a matter to which he is called to witness, and he makes a false statement in order to deprive a person of his legitimate right, he shall meet the wrath of God on the Day of ~ud~ement".'~~ (iv) False litigation, as the Prophet (peace be upon him) has said: "Whoever claims something which does not belong to him, he is not one of us, and he should be ready to occupy his place in (v) Acquiring something on the basis of a judicial decree when one is not actually entitled to it. In this connection we have the following statement of the Prophet (peace be upon him) to guide us: "Indeed I am a human being like you. You bring your disputes to me for judgement. At times, some of you is more eloquent in his argument than the other, and I may decide in his favour on the basis of what I hear from him. Therefore, if I decide to give somebody anything from the right of his brother, he should not take it from him, because he is in fact being given a portion of the hell-fire".155 (vi) Among the things that close the door of public weal is habitual disputation and litigation for this attitude is not devoid of the possibility of creating discord among people. The Prophet (peace be upon him), says: "The most abominable of ali people to God is a habitual 3, disputant . 156 252. Moreover, the Prophet (peace be upon him) commended the attitude of avoiding disputations, whether they are for right or for wrong because abandoning them is in fact giving way to the temptation for generosity. This is also because often the right does not actually belong to its claimant, while he thinks that it does. Therefore, he can only be absolved of accountability with surety, by resolving to eschew disputation in both right and wrong. A case has been reported in the Prophetic tradition wherein two persons claimed title to the same animal. Each of them established, with full evidence, that it belonged to him and was born under his care. The Prophet (peace
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SECTION VII The Conduct of Rulers 4
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discharge of duties on the part of
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(ii) Those who manage the civic pol
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THE SOCIO-POLITICAL THOUGHT OF SHAH
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THE SOCIO-POLITICAL THOUGHT OF SHAH
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SECTION X Universal Consensus on th
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THE SOCIO-POLITICAL 1 HOUGHT OF SHA
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theoretical and practical perfectio
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SECTION XI1 The Need for Guides of
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at the culminating point of argumen
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SECTION XI11 The Essence of Prophet
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(viii) If the Divine wisdom wills t
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93. God's argument against His serv
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found, possesses, on account of its
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SECTION XIV The Origin and Essence
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shari'ah of the Prophet Muss (peace
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looks after lands and their yields,
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SECTION XV Causes of the Revelation
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Prophet is like a physician whose a
Page 39 and 40: its mother's milk amounted, in the
Page 41 and 42: such change is warranted. Where mul
Page 43 and 44: SECTION XVI Causes for Impeachment
Page 45 and 46: and non-Arabs alike. And they all a
Page 47 and 48: SECTION XVII The Subtle Meanings of
Page 49 and 50: should be a combination of: (a) an
Page 51 and 52: 148. Noticing exclusively the basic
Page 53 and 54: SECTION XVIII The Establishment of
Page 55 and 56: utilisation of opportunities for co
Page 57 and 58: so that if a notable among them wor
Page 59 and 60: ule by his. He also declared that "
Page 61 and 62: SECTION XIX Need for a Religion whi
Page 63 and 64: mankind to follow that shari'ah. Fo
Page 65 and 66: (al-khildfah al- 'dmmah), and that
Page 67 and 68: SECTION XX The Conditions of Jahili
Page 69 and 70: they render themselves unable to fu
Page 71 and 72: and transmit His revelations to him
Page 73 and 74: 198. Moreover, this form of wudii'
Page 75 and 76: sinful acts and explained their ing
Page 77 and 78: (d) jihad. 209. There arose then th
Page 79 and 80: SECTION XXI 210. It should be known
Page 81 and 82: 2 18. It is significant that no fur
Page 83 and 84: guides them toward it, he shall be
Page 85 and 86: SECTION XXII Judiciary 229. It shou
Page 87 and 88: 237. It should be noted tha; in the
Page 89: ased on the Qur'Bnic verse: "And th
Page 93 and 94: to their connotations that are gene
Page 95 and 96: 267. The Prophet (peace be upon him
Page 97 and 98: THE SOCIO-POLITICAL THOUGHT OF SHAH
Page 99 and 100: e upon him) was asked: "Man sometim
Page 101 and 102: month is that since it is a task th
Page 103 and 104: 294. Among these wonderful things a
Page 105 and 106: 300. God says: "Now God has lighten
Page 107 and 108: and the glory of Muslims. It was fo
Page 109 and 110: 317. He should figlit the People of
Page 111 and 112: God, and for thz Messenger, and for
Page 113 and 114: 333. A11 those individuals who are
Page 115 and 116: for anyone before us. It was when G
Page 117 and 118: 345. Therefore, God appointed the p
Page 119 and 120: Notes and References PART ONE 1. Th
Page 121 and 122: Notes and References 285 19. See Ab
Page 123 and 124: Notes and References 287 48. Shah W
Page 125 and 126: Notes and References 289 of a revel
Page 127 and 128: Notes and References 90. Ibid. 91.
Page 129 and 130: Notes and References 293 123. Ibid.
Page 131 and 132: Nores and References 157. Ibid. 158
Page 133 and 134: Notes and References 297 195. In th
Page 135 and 136: Notes and References 237. Translati
Page 137 and 138: Notes and References 30 1 277. Ahma
Page 139 and 140: Notes and References 303 3 1 1. Sha
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Notes and References 337. Translati
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Nares and References PART TWO 376.
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Notes and References 309 416. Ibid.
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Notes and References 31 1 16. Qur'i
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Votes rind References 313 58. Featu
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Notes and References 315 94. See Th
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Notes and References 317 129. Ibn H
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Notes and References 172. Ibn Miija
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Notes and References 32 1 in living
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Bibliography Abdul Khaliq, M.A. Art
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Ibn al-Humam, Kamal al-Din Muhammad
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Al-Qalqashandi, Ahmad ibn 'Abd Alla
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Index 'Abbgs ibn 'Abd al-Muttalib,
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universal paradigm of, 67 Greek tra
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inundhir, 40 Muslim community, 85,
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a/-rajallial-a '?urn, 16, 19 taklll
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Socio Political Thought Of Shah WaliAllah Rahmatullahi Alaihi

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