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Evolution of Fiqh - Mission Islam

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Qabeelat Tayybahtheir hatred towards <strong>Islam</strong> and when he lost the hope <strong>of</strong> their embracing <strong>Islam</strong>, he ordered that theyshould be brought back in audience. (When they returned) he said, 'What already said was just to testthe strength <strong>of</strong> your conviction and I have seen it.' The people prostrated before him and becamepleased with him, and this was the end <strong>of</strong> Heraclius's story (in connection with his faith)” (alBukhari).* Our present situation is similar to the Andalusian period. After the collapse <strong>of</strong> the large <strong>Islam</strong>ic state in Spain,Muslims lived under non-<strong>Islam</strong>ic authority (Mudajar).Examples for the First Codes <strong>of</strong> Law:1. First Constitution (Appendix I)• The Prophet (Peace be upon him) had to deal with many different factions <strong>of</strong> Medinah (Mushriks, Jews,Christians, etc.)• Political issues propelled the Prophet (Peace be upon him) to become a political leader.• Two different cultures also had to be accommodated: Aws and Khazraj tribes.• The constitution had to accommodate and deal with all <strong>of</strong> these issues.THE TEXT OF THE CHARTER OF ISLAMIC ALLIANCE(With commentary indented)In the Name <strong>of</strong> Allah, the Most Beneficent, the Most Merciful.This is a document from Muhammad the Messenger <strong>of</strong> Allah (Peace be upon him), concerning Muhajireen(Emigrants) and Ansar (Helpers) and those who followed and strove with them.1. They are one nation to the exclusion <strong>of</strong> other people.- This refers to Muslims and the establishment <strong>of</strong> the <strong>Islam</strong>ic state.- The Jews expected a Prophet to come from their people, but he came from the Arabs, so the Jewsrefused to accept him and <strong>Islam</strong>.2. The Emigrants <strong>of</strong> Quraysh unite together and shall pay blood money among themselves, and shall ransomhonorably their prisoners. Every tribe <strong>of</strong> the Helpers unites together, as they were at first, and every sectionamong them will pay a ransom for acquitting its relative prisoners.- <strong>Islam</strong> did not come to eliminate culture or change people’s identities.3. Believers shall not leave anyone destitute among them by not paying his redemption money or blood moneyin kind.4. Whoever is rebellious or whoever seeks to spread enmity and sedition, the hand <strong>of</strong> every God-fearingMuslim shall be against him, even if he be his son.5. A believer shall not kill another believer, nor shall support a disbeliever against a believer.6. The protection <strong>of</strong> Allah is one (and is equally) extended to the humblest <strong>of</strong> the believers.- A Muslim must always honor another Muslim’s protection <strong>of</strong> an individual.- 'Abdur-Rahman bin 'Auf narrated: “I got an agreement written between me and Umaiya binKhalaf that Umaiya would look after my property (or family) in Mecca and I would look after hisTCE Notes Revolution 16

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