Logic for Islamic Rules

Ayatullah Makarim Shirazi and Ayatullah Ja'far Subhani

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Why cannot the Holy Quran be given to any non-Muslim?

Question: Our heavenly book, Quran is a spiritual guide and mentor to different kinds of people and human societies. To achieve this purpose it is essential that it should be accessible to all the people of the world (irrespective of their faith), so that he can benefit from its teachings and move on the path of truth and sincerity. But we find in Islamic Jurisprudence that Quran cannot be given as a present to non-Muslims nor it can be given into his custody.

Answer: When the purpose of giving the Holy Quran in the possession of the non-Muslim is to guide him and make him aware of Islam and convey its message to him and make him attached to it, and if this purpose cannot be achieved by its translations, then in this situation there is no prohibition in giving the Holy Quran to a non-Muslim, but if no purpose is in view then it is prohibited, because the greatest witness of righteousness of Islam and everlasting miracle of the Prophet of Islam is the Holy Quran, which is shining on the peak of the times in the form of a living document and to get benefit from it there is one way that it should be printed in a nice way and should be distributed in the whole world, so that people seeking the truth, may acquire knowledge of Islam in the light of its verses. This itself is witness on the verses of Quran that this is put in front of the people of all times and everywhere in the world and invites mankind to ponder and study it.

The Holy Quran commands the Prophet (a.s.) that in the middle of war also if a non-Muslim tends to listen to the words of Allah (the Holy Quran) then it is a must for the Prophet that he permits him to come among the Muslims and listen to the words of Allah and if he tends to go back, he should be allowed to go to his former position. [Surah Taubah 9:6]

To the extent it is necessary for every Muslim that he protects the honor of the Holy Quran, and whenever there is apprehension that a non-Muslim may act or do something regarding the Holy Quran, which can be termed as insulting, in such a situation we should not give him the Book of Allah. And if he had the Book with him beforehand, then by whatever possible means it should be recovered from him. When Muslim jurists say that Quran cannot be entrusted to non-Muslim their opinion is based apparently on this kind of situation and not in the situation when guidance of a non-Muslim is intended.

In short, the Holy Quran should remain away from the reach of polluted hands, with this exception when there is likelihood of their guidance it can be presented to them.

The reason of strictness in proving certain sins (crimes)

Question: Why are four witnesses required to prove a sexual crime? Does not this strictness cause increase in such crimes?

Also when a sane person confesses that which is detrimental to himself, that admission with be efficacious that law that kind does not exist here. And if a person himself confesses to have committed adultery then for three times his confession is not accepted and is accepted only after he confesses the fourth time?

Answer: In principal, regarding sexual crimes the laws of Islam have special conditions in which many points are taken into consideration. On one hand there are very severe punishments prescribed for such kind of crimes, which start with lashes and exile and at times end with capital punishment.

But on the other hand, it had been made difficult the way to prove this sin. For example to prove this sin, the number of witnesses required are double than those required in other types of crimes and any person confessing the crime once is not considered sufficient.

These two views getting reciprocally linked (i.e. the punishment to be severe and strictness in case of proving the sin) gives a special status to these penal laws. And in that way these laws prevent people from perpetrating this type of crime. These laws create psychological barrier in the followers and they keep away from performing such acts. But then too for all practical purposes these laws do not include many people in this punishment.

In other words the real purpose of these types of laws is to prevent people from perpetrating the sin but not to give them death penalty or to finish them off. This effect is created because of the punishment being so severe because the person who commits this sin always every moment has the scene of severe punishment in front of his eyes. And thinks that as a result of some unexpected situation his sin would be proved. On the basis of this he gets frightened and terrified and this fear and apprehension prevents many people from committing such a sin.

Mostly it is seen that for committing a greater sin (e.g. to sell intoxicants and drugs) in special circumstances severe punishments such as death penalty are prescribed. Though these punishments are prescribed in some special situations. But the apprehension  has sufficient effect in the minds of the perpetrators of those sins.

The conclusion of this discussion is that these types of penalties are prescribed to effectively prevent crimes and sins and along with that it does not entangle too many people in its grip. As a result death penalty may be given to only one or a few persons, but it causes great effect in the minds of other potential criminals and this fear is enough that one day they might also get caught.

Why should the animals be slaughtered in a particular way?

Question: In Islam, some rules and regulations are stipulated for slaughter of animals. For example, all the four veins in the neck should be cut and to say Bismillah etc. If these conditions are not fulfilled, meat of that animal is not fit for eating. Though many people in the world overlook these rules and use the meat of such animals and there is no harmful effect on them. Explain what is the purpose of these regulations?

Answer: It seems that by these regulations Islam wants to fulfill three purposes:

First is to get away from the traditions of idol-worshippers who used to cut the throat of their animals by taking the name of the idol. That is why taking the name of Allah was considered to be essential part of this slaughter.

The main function of which is to destroy the thought of idol-worship and secondly to drain out blood from the animal so that it does not remain in the layers of meat, and should not be eaten along with the flesh. Medical science of today has discovered so many harms in food containing blood. Other than this, blood is always contaminated with different kinds of germs. It is also proved by experience that food items having blood create such mentality and peculiarities in the humans, which are not preferable. Feebleness of sensitiveness, tyranny and hardheartedness is included in these.

The third purpose is that the animal should die as soon as possible and it should not suffer agony for a longer period. As this is against the spirituality, i.e. soul of humanity. This purpose is possible by cutting four veins of the throat of the animal.

This is the summary of the three purposes with regard to animal slaughter prescribed by Islam and that those purposes can be achieved by implementing these rules.

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