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188chapter fourMuÈammad’s (ß) message not only launched a new type of humanlegislation but, by allowing change and nonlinearity, it also bestreflected the nature of humans’ ÈanÊfic predisposition. As such itessentially reflects the religion of al-isl§m that fully corresponds to theinnate propensity of all people on this earth, even if they are not( yet) aware of it. 10 We sincerely believe that, sooner or later, mostpeople will realise their natural inclination to this type of legislation,following the model of Abraham who was leaning towards his ÈanÊfic‘rectitude of conduct’ even before he received divine revelations:Long ago We bestowed right judgement on Abraham and We knewhim well. ( Al-Anbiy§" 21:51, AH)Abraham’s insights into the cosmological truth of ÈanÊfic law werepassed on directly to MuÈammad (ß), since the Book tells us that lexliminalis was not part of the Christian and Jewish legal systems:Abraham was not a Jew nor yet a Christian; but he was true in faith,and bowed his will to God’s (which is Islam), and he joined not godswith God. ($l #Imr§n 3:67)We hear, for example, that when the Jews were told to sacrifice aheifer, they asked what specific kind of heifer they were supposed toslaughter. And we hear how God provided every detailed answer toevery question (i.e., not a single detail of the law was left open to bein Islamic Law (Cambridge: CUP, 2005), 19–30; 53–68). MS, however, differs fromfiqh a) by denying that fixing the Èudåd is beyond the intellect of the human mind andbecause of which he therefore allows human reason to exercise ijtih§d on them, andb) by expanding the field of Èudåd legislation to include the entire field of Islamic lawand not just adultery, theft, robbery, etc., i.e., the area of penal law for which theterm was solely used in classical fiqh theories. MS’s much wider understanding ofÈudåd as ‘God’s boundaries’ in all aspects of social, public, and private life is indeedmuch closer to the qur"anic text than its conceptualization in Islamic jurisprudence.(See Encyclopaedia of the Qur"an, s.v. “Boundaries and Precepts.” (R. Kimber), 252–53).10This includes, says MS, legislation all over the world that is based on the existenceof limits even if legislators are not aware that they notionally fulfil the guidelinesset out in the Book. A good example is the prohibition of the death penalty in manycountries of the world. Another example is the common practice of many banks notto charge interest of more than 100 percent of the given loan money (guidelines forthis will be explained below in this chapter). Finally, there is the practice of manyorphanages not to accept new admissions beyond the age of two. In all of these casesthe practice is entirely Islamic even if it is not called or known by this attribute.

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