Examples of the Gradual Approach in Legislation

Under category	Gradual approach in legislation
Creation date	2007-11-29 10:29:49
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examples of the gradual approach in legislation:

firstly, prohibition of alcohol:

alcohol was rooted deeply in the society, before the prophethood of the prophet, peace and blessings be upon him, in the arab or international societies alike. moreover, in the arab environment, drinking alcohol became a part from the social conduct that the poet used to pride themselves on it. accordingly, it would not have been a wise act to prohibit alcohol all at once. however, prohibiting it should be gradually done. thus, alcohol was prohibited in four stages[1]:

first stage: it is the saying of allaah the almighty:

{“and of the fruits of the palms and the grapes-- you obtain from them an intoxicating drink and goodly provision.”}[an-nahl: 67]

the verse differentiated between drunkenness and the good provision. that is to say drunkenness is not included in the good provision in any way.

second stage: it is the saying of allaah the almighty:

{they ask you about wine and gambling. say, "in them is great sin and [yet, some] benefit for people. but their sin is greater than their benefit.}[al-baqarah: 219]. this is a way of paving the way before prohibiting it.

third stage:it is the saying of allaah the almighty:

{o you who have believed, do not approach prayer while you are intoxicated until you know what you are saying.}[an-nisaa’: 43]

fourth stage:it is the saying of allaah the almighty:

{o you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than allah], and divining arrows are but defilement from the work of satan, so avoid it that you may be successful.}[al-maa’idah: 90]

the noble quran went on explaining the reason behind prohibiting it: {satan only wants to cause between you animosity and hatred through intoxicants and gambling and to avert you from the remembrance of allah and from prayer. so, will you not desist?} [al-maa’idah: 91]

secondly, prohibition of riba (usury, interests, etc.)

riba and its different forms and kinds were the main element of the economy of the arab, roman and persian peoples during that time. the sudden change and prohibition may trouble and cause a social and economical destruction. thus, wisdom entails that quran should adopt a gradual approach in prohibiting it in two stages:

first stage:it is the saying of allaah the almighty:

{o you who have believed, do not consume usury, doubled and multiplied.}[aal-‘imraan: 130]

second stage: {o you who have believed, fear allaah and give up what remains [due to you] of interest, if you should be believers.} [al-baqarah: 278]

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[1] refer to muhammad al-khudari; taareekh at-tashree‘ al-islaami, p. 21 and refer to riwaayat ahmad ‘abdel kareem ath-thaahir: al-maqaasid ash-shar‘iyyah lil ‘uqoobaat fil islaam, 203.

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