PREFACE
I pen this Book feeling weary and gloomy of having to address certain issues being neglected for ages by most of Muslim Scholars and Philosophers such as the essence of “Riba”, “The Natural Rights & Islam”, “The Material Form of Haram & The Moral Form of Haram”, “The Status of A Woman in Islam”, and so on and so forth. With regard to the issue of “Haram” in Islam. concede to the fact that the field of Islamic Law (Shari’ah) and Islamic teachings provides a rich soil of philosophical students and yet strangely enough it has been neglected by scholars, Muftis, and Alims to a great extent. Of course many of them, and eminent ones at that, have speculated and written only on the issue of “Material Form of Haram”. But their treatment has touched only the very formal and most abstract phases of the subject (Haram in Islam), leaving aside all the concrete and specific detail which invests Shariah and the Islamic teachings with its peculiar flavour. It cannot be denied that the treatment and criticism of religious Alims, Muftis, and scholars have been much more detailed and to the point that their contribution to the analysis of “Material Form of Haram” is great. Since Islam is a religion of nature with its roots thrown deep into human nature; it is an embodiment of the collective insight of humanity on matters both of conduct and of theory that are too important to justify neglect by the Muslim scholars, Muftis, and Alims. The implication of being Caliph of Almighty Allah on the planet earth is that amongst all the species, we stand at the apex and therefore, extreme qualitative acts and omission ought to be done and not done by the human beings.
The centrality of the reason to select these topics is basically to voice against those who wrongly claim that Islam is fundamentally anchored upon patriarchal religiously-justified laws. The true flavour of “Comparative Religions” will greatly assist my readers to (if one chooses to read with objective and open mind) understand the un-contaminated reality completely free from the importation of fallacy and fiction, in particular the fallacy of non-sequitur, is often involved in arguments of some secular feminists. Not only that fiction and fallacy was adduced into the feminism domain, venomous representations were also made by a huge number of Western Scholars with regard to “Natural Rights” (commonly known as “Human Rights” in Western Civilization), and Islam. Some Western Media and Scholars not only maliciously ignore the origin of Natural Rights, but also resort to different means to spread their mis-interpretation and mis-representations of Natural Rights, to intentionally vilify the Islamic system of “Rights and Duties”. A right without a duty is an open invitation to rob others right. A complete new and novel definition (by way of a perspective), composed and worded together by me, is introduced to study the issue of Natural Rights in Islam in order to present an authentic, true, and real image. Any legitimate criticism of the definition will be warmly embraced.
The Last Chapter of this Book is a mirror image of my soul in that I will never hesitate to point where the fault lies. It is a wake-up call for all Muslim Scholars, Muftis, and Alims to redirect their efforts to the message by the Almighty Allah in the Glorious Holy Book of Al-Quraan and the Sunnah (things done and said) of the Last and Beloved Messenger, the Holy Prophet Muhammad Peace Be Upon Him. To shy away from positive and legitimate criticism is akin to push oneself into the darkness of ignorance from where a return may not be expected. Deep regards to all my readers and, May Almighty Allah bless us all.
PREFACE
I believe that the reader of this book will realise that it is the call of a soul of a man who experienced the last depth of the given boughs of the law to such an extent that an irresistible impulse triggered on 28th of October 2023 and the fingers started to thrumble over and the journey of this book begun. We collectively believed that the paramount importance is always “justice,” pseudoscientific, and rightly so. Fairness, equality, and reasonableness are not assessed objectively anymore, and even so, my concerns are mostly stitched to the importation of fiction into the concept of law. This stitching together of fiction to law has now started causing problems at the seams whereby innocent suffer more and the wrongdoer escapes even in those societies where it was practices as faith that it is affordable to let go hundreds at the expense of not subjecting an innocent to the iron fist of criminal law.
Justices were, (without authority/power and Public Mandate) and are, openly usurping legislature’s prerogative of law enactment. The time of and for “formalist” and “functionalist” methods have gone past and, in this new era, the possible method to be introduced and implemented is imperative separation of powers in which there is no room to manoeuvre as far as the judiciary is concerned. The role and the function of the judiciary will be simple and straightforward which is emphatically the province and duty of the judicial department “to say what the law is, not what it should be”. The Supreme Court[s] needs to get out of the business of lawmaking and the implementation of imperative separation of powers is the only door from which such an attitude can be kicked out. We must stand together to draw and then maintain the lines of separation of powers or else our future generations will be plunged into the darkness of legal tyranny, a product of, judicial oligarchy.
Judicial organ (“Justices”) must not forget the fountain from where the power emanates. The People (General Public) are throned at the apex of The Hierarchical Concept of The People’s Inter-Relational Power. The second in the chain of The Hierarchical concept are those who enact laws of the land at the back of The People’s Inter-Relational Power. The fourth in the chain, when usurps the power and authority of the second in the chain, then, by such stewardship the sovereignty, vested constitutionally in the people, has now been absorbed by the Courts (around the Globe), and by such conversion it stands possessed the ultimate sovereignty in most of developed jurisdictions rather than the people themselves being and possessing the sovereign. Remember!!! A society which is solemn to hold the intent to put an estoppel against any un-authorised usurpation of power is bound to rule the hearts and souls of those who chose them to be the rulers. May we all learn this, for good to benefit our future generations, before it’s too late. a note of caution ought to be observed by the respectful Justices!!! They (Honourable Justices) must earn reverence through the test of truth and the best answer to the test could not be better than “self-restraint,” because of the fact that the “rarest” kind of “power” is one “recognised” but not “exercised.”
To reiterate my position of solidity, it is emphasised that I am not against the bench of Justices of the Supreme Court enacting/creating/making law[s] of the land if, and only if, the act of enactment is expressly, by way of legislative provision or Constitutional provision, authorised by the Legislature/Parliament and, before an attempt to entrench an Amendment to the Constitution or a fresh Bill submitted and passed for enactment, a complete case must be put before the General Public of the Land for obtaining their consensus on the issue in hand.
