Ghamidi's conclusions and understanding of Islam, including the
Sharia, has been presented concisely in his book
Mizan with the intention of presenting the religion in its pure shape in his opinion, cleansed from
tasawwuf,
qalam,
fiqh, all philosophies and any other contaminants. In his arguments, there is no reference to the Western sources, human rights or current philosophies of crime and punishment. According to him Jihad can only be waged by an organised Islamic state, that too only where a leader has been nominated by the previous leader or by the consensus of the
ulema if the state is newly established. No person, party or group can take arms into their hands (for the purpose of waging Jihad) under any circumstances. Another corollary, in his opinion, is that death punishment for
apostasy was also specifically for the recipients of the same Divine punishment during Muhammad's times—for they had persistently denied the truth of Muhammad's mission even after it had been made conclusively evident to them by God through Muhammad. According to Ghamidi, the formation of an
Islamic state is not a
religious obligation upon the Muslims per se. However, if and when Muslims do happen to form a state of their own, Islam
does impose certain religious obligations on its rulers as establishment of the institutions of
salat (obligatory prayer),
zakah (mandatory charity), and
'''amr bi'l-ma'ruf wa nahi 'ani'l-munkar'' (preservation and promotion of society's good conventions and customs and eradication of social vices); this, in Ghamidi's opinion, should be done in modern times through courts, police, etc. in accordance with the law of the land which, as the government itself, must be based on the opinion of the majority. He further claims that the Qur'an has created a distinction between men and women only to maintain family relationships.
Penal laws According to Ghamidi: • The Islamic punishments of
hudud (Islamic law) are maximum pronouncements that can be mitigated by a court of law on the basis of extenuating circumstances. • The
shariah (Divine law) does not stipulate any fixed amount for the
diyya (monetary compensation for unintentional murder); the determination of the amount—for the unintentional murder of a man or a woman—has been left to the conventions of society. • Rape is
hirabah and deserves severe punishments as mentioned in
Quran 5:33. It doesn't require four witnesses to register the case as in the case of
Zina (Arabic) (
consensual sex). Those who were punished by
stoning (
rajm) in Muhammad's time were also punished under
hirabah for raping, sexually assaulting women, and spreading
vulgarity in society through prostitution. Just like
Quran,
Sunnah (the way of the prophet) is only what the
Muslim nation received through
ijma (consensus of
companions of the prophet) and
tawatur (perpetual adherence of the
Muslim nation).
Morals and ethics Ghamidi writes on moral and ethical issues in Islam. He states:After faith, the second important requirement of religion is purification of morals. This means that a person should cleanse his attitude both towards his Creator and towards his fellow human beings. This is what is termed as a righteous deed. All the sharī‘ah is its corollary. With the change and evolution in societies and civilizations, the sharī‘ah has indeed changed; however faith and righteous deeds, which are the foundations of religion, have not undergone any change. The Qur'an is absolutely clear that any person who brings forth these two things before the Almighty on the Day of Judgement will be blessed with Paradise which shall be his eternal abode. ==Interaction with other Islamic scholars==