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Showing posts with label Shariah. Show all posts
Showing posts with label Shariah. Show all posts

Wednesday, February 16, 2011

Gender as Sacred Sign

Abdul Hakim Murad

..Women’s functions vary widely in the Muslim world and in Muslim history. In peasant communities, women work out of doors; in the desert, and among urban elites, womanhood is more frequently celebrated in the home. Recurrently, however, the public space is rigorously desexualised, and this is represented by the quasi-monastic garb of men and women, where frequently the colour white is the colour of the male, while black, significantly the sign of interiority, of the Ka‘ba and hence the celestial Layla, denotes femininity. In the private space of the home these signs are cast aside, and the home becomes as colourful as the public space is austere and polarised. Modernity, refusing to recognise gender as sacred sign, and delighting in random erotic signalling, renders the public space ‘domestic’ by colouring it, and makes war on all remnants of gender separation, crudely construed as judgemental.


For Muslims, a significant development in the new feminism is the renewed desire for apartness. Contemplating the crisis of egalitarian social contracts, where the burden of divorce invariably bears most heavily upon women, Daly and many others advocate an almost insurrectionist refusal of contact with the male, and the creation of ‘women’s spaces’ as citadels for the cultivation of a true sisterhood. This cannot be immediately useful to Muslims. Hermeneutics of suspicion directed against either sex are irreligious from the Qur’anic perspective. God, as a sign, ‘has created spouses for you, from your own kind, that you may find peace in them; and He has set between you love and mercy.’ (30:21) Nonetheless, the feminist demand for apartness should not be cast aside; it may even converge significantly with Islam’s provision of it.

Other aspects of Shari‘a discourse also call for elucidation. It cannot be our task here to review the detailed provisions of Islamic law, and to explain, in each individual instance, the Islamic case that gender equality, even where the concept is meaningful, can be undermined rather than established by enforced parity of role and rights. Such a project would require a separate volume of the type attempted recently by Haifa Jawad; and we must content ourselves with surveying a few representative issues.


Perhaps the most immediately conspicuous feature of Muslim communities is the dress code traditional for women


Perhaps the most immediately conspicuous feature of Muslim communities is the dress code traditional for women. It is often forgotten that the Shari‘a and the Muslim sense of human dignity require a dress code for men as well: in fully traditional Muslim societies, men always cover their hair in public, and wear long flowing garments exposing only the hands and feet. In Muslim law, however, their awra is more loosely defined: men have to cover themselves from the navel to the knees as a minimum. But women, on the basis of a hadith, must cover everything except the face, hands and feet.


Again, the feminine dress code, known as hijab, forms a largely passive text available for a range of readings. For some Western feminist missionaries to Muslim lands, it is a symbol of patriarchy and of woman’s demure submission. For Muslim women, it proclaims their identity: many very secular women who demonstrated against the Shah in the 1970s wore it for this reason, as an almost aggressive flag of defiance. Franz Fanon reflected on a similar phenomenon among Algerian women protesting against French rule in the 1950s. For still other women, however, such as the Egyptian thinker Safinaz Kazim, the hijab is to be reconstrued as a quasi-feminist statement. A woman who exposes her charms in public is vulnerable to what might be described as ‘visual theft’, so that men unknown to her can enjoy her visually without her consent. By covering herself, she regains her ability to present herself as a physical being only to her family and sorority. This view of hijab, as a kind of moral raincoat particularly useful under the inclement climate of modernity, allows a vision of Islamic woman as liberated, not from tradition and meaning, but from ostentation and from subjection to random visual rape by men. The feminist objection to the patriarchal adornment or denuding of women, namely that it reduces them to the status of vulnerable, passive objects of the male regard, makes no headway against the hijab, responsibly understood.


A further controversy in the Shari‘a’s nurturing of gender roles centres around the institution of plural marriage.


A further controversy in the Shari‘a’s nurturing of gender roles centres around the institution of plural marriage. This clearly is a primordial institution whose biological rationale is unanswerable: as Dawkins and others have observed, it is in the genetic interest of males to have a maximal number of females; while the reverse is never the case. Stephen Pinker notes somewhat obviously in his book How the Mind Works: ‘The reproductive success of males depends on how many females they mate with, but the reproductive success of females does not depend on how many males they mate with.’


Islam’s naturalism, its insistence on the fitra and our authentic belongingness to the natural order, has ensured the conservation of this creational norm within the moral context of the Shari‘a. Polygamy, in the Islamic case, appears as a recognisably Semitic institution, traceable back to an Old Testament tribal society frequently at war and unequipped with a social security system that might protect and assimilate widows into society. However it is more universal: classical Hinduism permits a man four wives, and there are many Christian voices, not only Mormons, who are today calling for the restoration of polygamy as part of an authentically Biblical lifestyle. (See, for example, http://www.familyman.u-net.com/polygamy.html)


Islam’s theology of gender thus contends with a maze, a web of connections which demand familiarity with a diverse legal code, regional heterogeneity, and with the metaphysical no less than with the physical. This complexity should warn us against offering facile generalisations about Islam’s attitude to women. Journalists, feminists and cultivated people generally in the West have harboured deeply negative verdicts here. Often these verdicts are arrived at through the observation of actual Muslim societies; and it would be both futile and immoral to suggest that the modern Islamic world is always to be admired for its treatment of women. Women in countries such as Saudi Arabia, where they are not even permitted to drive cars, are objectively the victims of an oppression which is not the product of a divinely-willed sheltering of a sex, but of ego, of the nafs of the male.

Muslim women have for long periods of Islam’s history left their homes to become scholars.

Biology should be destiny, but a destiny that allows for multiple possibilities. Women’s discourse valorizes the home; but Muslim women have for long periods of Islam’s history left their homes to become scholars. A hundred years ago the orientalist Ignaz Goldziher showed that perhaps fifteen percent of medieval hadith scholars were women, teaching in the mosques and universally admired for their integrity. Colleges such as the Saqlatuniya Madrasa in Cairo were funded and staffed entirely by women. The most recent study of Muslim female academicians, by Ruth Roded, charts an extraordinary dilemma for the researcher:


‘If U.S. and European historians feel a need to reconstruct women’s history because women are invisible in the traditional sources, Islamic scholars are faced with a plethora of source material that has only begun to be studied. [ . . . ] In reading the biographies of thousands of Muslim women scholars, one is amazed at the evidence that contradicts the view of Muslim women as marginal, secluded, and restricted.’

Stereotypes come under almost intolerable strain when Roded documents the fact that the proportion of female lecturers in many classical Islamic colleges was higher than in modern Western universities. A’isha, Mother of Believers, who taught hadith in the ur-mosque of Islam, is as always the indispensable paradigm: lively, intelligent, devout, and humbling to all subsequent memory.

Conclusion: Muslim Societies Today

But until past ideals are reclaimed, a polarisation in Muslim societies is likely. The Westernised classes will reject traditional idioms simply because those styles are not Western and fail to satisfy the élite’s self-image. The pseudosalafi literalists will continue to reject Sufism’s high regard for women, and its demand for the destruction of the ego. The same constituency will defy legitimate calls for a due ijtihad-based transformation of aspects of Islamic law, not because of any profound moral understanding of that law, but because of a hamfisted exegesis of usul and because those calls are associated with Western influence and demands.


Whether the conscientious middle ground, inspired by the genius of tradition, can seize the initiative, and allow an ego-free and generous Muslim definition of the Sunna to shape the agenda in our rapidly polarising societies, remains to be seen. No doubt, the Sufi insight that there is no justice or compassion on earth without an emptying of the self will be the final yardstick among the wise. But it is clear that the Islamic tradition offers the possibility of a truly radical solution, offering not only to itself but to the West the transcendence of a debate which continues to perplex many responsible minds, contemplating an emergent society where the absence of roles presides over an increasingly damaging absence of rules.

Read full paper:
http://www.masud.co.uk/ISLAM/ahm/gender.htm

'Islam, Irigaray, and the retrieval of gender'
©Abdal Hakim Murad (April 1999)

Brief biography of Shaykh Abdul Hakim Murad (Timothy J. Winter):
http://baytunur.blogspot.com/2010/02/perceived-failure-of-traditional.html

Monday, January 17, 2011

Learning the Maqasid al Shariah!

Dr. Robert D. Crane

Over the long run, the most productive initiative by the still largely silent majority of Muslims in marginalizing Muslim extremists is to fill the intellectual and spiritual void that serves as an ocean in which the extremists can swim. This initiative can provide the favorable environment needed for Muslims to ally with like-minded Christians and Jews in order to show that classical Islam and classical America are similar, even though many people do not understand or live up to the ideals common to both.

This is the only way to convince the extremists that their confrontational approach to the “other” is not necessary; that the threat mentality of those who think only about their own survival and are obsessed with catastrophe and conspiracy can backfire; and that only those can truly prosper over the long run who can transcend their own self-centered interests in order to develop an opportunity mentality together with those who are no longer merely the “other” but now are a single pluralist community.


In order to fill the intellectual void,Muslims need to emphasize the universal Islamic principles, the maqasid al shari’ah, which spell out precisely what Michael Novak says do not exist in Islam. These maqasid, following the methodology instituted by the Prophet Muhammad and perfected in the architectonics pioneered six centuries ago by the master of the art, Al-Shatibi, are considered to consist of seven responsibilities, the practice of which actualize the corresponding human rights.


The first one, known as haqq al din, provides the framework for the next six in the form of respect for a transcendent source of truth to guide human thought and action. God instructs us in the Qur’an, wa tamaat kalimatu Rabika sidqan wa ‘adlan, “and the word of your Lord is perfected in truth and justice.” Recognition of this absolute source of truth and of the responsibility to apply it in practice are needed to counter the temptations toward relativism and the resulting chaos, injustice, and tyranny that may result from de-sacralization of public life.


Each of these seven universal principles is essential to understand the next and succeeding ones. The first three operational principles, necessary to sustain existence, begin with haqq al nafs or haqq al ruh, which is the duty to respect the human person. The ruh or spirit of every person was created by God before or outside of the creation of the physical universe, is constantly in the presence of God, and, according to the Prophet Muhammad, is made in the image of God. This is the basis of the intimate relationship between God and the human person as expressed in the Qur’anic ayah, “We are closer to him than is his own jugular vein.”
This is also the basis of the prayer offered by the Prophet and by countless generations of Muslims for more than a thousand years:Allahumma, inna asaluka hubbaka wa hubba man yuhibbuka wa hubba kulli ‘amali yuqaribuni ila hubika, “O Allah! I ask You for Your love and for the love of those who love You. Grant that I may love every action that will bring me closer to You.”


At the secondary level of this principle, known as hajjiyat or requirements, lies the duty to respect life, haqq al haya. This provides guidelines in the third-order tahsinniyat for what in modern parlance is called the doctrine of just war.


The next principle, haqq al nasl, is the duty to respect the nuclear family and the community at every level all the way to the community of humankind as an important expression of the person. This principle teaches that the sovereignty of the person, subject to the ultimate sovereignty of God, comes prior to and is superior to any alleged sovereignty of the secular invention known as the State.


This principle teaches also that a community at the level of the nation, which shares a common sense of the past, common values in the present, and common hopes for the future, such as the Palestinians, Kurds, Chechens, Kashmiris, the Uighur in China, and the Anzanians in the Sudan, has legal existence and therefore legal rights in international law. This is the opposite of the Western international law created by past empires, which is based on the simple principle of “might makes right.”


The third principle is haqq al mal, which is the duty to respect the rights of private property in the means of production. This requires respect for institutions that broaden access to capital ownership as a universal human right and as an essential means to sustain respect for the human person and human community. This principle requires the perfection of existing institutions to remove the barriers to universal property ownership so that wealth will be distributed through the production process rather than by stealing from the rich by forced redistribution to the poor. Such redistribution can never have more than a marginal effect in reducing the gap between the inordinately rich and the miserably poor, because the owners in a defective financial system need not and never will give up their economic and political power.


The next three universal principles in Islamic law concern primarily what we might call the quality of life. The first is haqq al hurriya, which requires respect for self-determination of both persons and communities through political freedom, including the concept that economic democracy is a precondition for the political democracy of representative government.


The secondary principles required to give meaning to the parent principle and carry it out in practice are khilafa, the ultimate responsibility of both the ruled and the ruler to God; shura, the responsiveness of the rulers to the ruled, which must be institutionalized in order to be meaningful; ijma, the duty of the opinion leaders to reach consensus on specific policy issues in order to participate in the process of shura; and an independent judiciary.


The second of these last three maqasid is haqq al karama or respect for human dignity. The two most important hajjiyat for individual human dignity are religious freedom and gender equity. In traditional Islamic thought, freedom and equality are not ultimate ends but essential means to pursue the higher purposes inherent in the divine design of the Creator for every person.


The last universal or essential purpose at the root of Islamic jurisprudence, which can be sustained only by observance of the first six principles and also is essential to each of them, is haqq al ‘ilm or respect for knowledge. Its second-order principles are freedom of thought, press, and assembly so that all persons can fulfill their purpose to seek knowledge wherever they can find it.


This framework for human rights is at the very core of Islam as a religion. Fortunately, this paradigm of law in its broadest sense of moral theology is now being revived by what still is a minority of courageous Muslims determined to fill the intellectual gap that has weakened the Muslim umma for more than six hundred years, so that a spiritual renaissance in all faiths can transform the world.




Dr. Robert Dickson Crane is a scholar and a prolific writer and expert on subjects ranging from law to economics to international affairs and Islamic jurisprudence.

He is a co-founding board member and former Chairman of the Center for Understanding Islam, and Director for Global Strategy at The Abraham Federation: A Global Center for Peace through Compassionate Justice. In 1962 he co-founded the Center for Strategic and International Studies, while remaining of Counsel with his law firm until 1965. From 1963 to 1968, he served as Foreign Policy Advisor to Richard Nixon who appointed him as Deputy Director of the National Security Council in 1969. From 1982 to the present Dr. Crane has been a full-time Islamic scholar and activist.

Dr. Crane was a Founding Member of The American Muslim Council and from 1992 to 1994 served as Director of its Legal Division. In 1993, he was elected president of the Muslim American Bar Association, which he founded in order to organize Muslim participation in the American Bar Association's work on issues of conscience. From 1994 until the present he has headed his own research organizations [Santa Fe, New Mexico] focusing on paradigm management designed to shape the agendas of think tanks, which, in turn, direct public policy.


Thursday, October 21, 2010

Seek Knowledge! An Obligatory Duty for Muslims!

1. Published: Friday, 26 January, 2007, 10:52 AM Doha Time

Prophet Muhammad sallallaahu 'alaihi wa sallam said: “Seeking knowledge is obligatory upon every Muslim.” (Related by Ibn ‘Adiyy, Al-Bayhaqi and Al-Tabarani). 

Though this Hadith is known and memorised by most Muslims, the essence, the amount, and the kind of knowledge referred to in this Hadith remains misunderstood by many. What are the minimum teachings that every Muslim – male or female – is required to know about his Deen?

A. Types of knowledge in Islam
Muslim scholars classify knowledge into two categories:

1: Obligatory knowledge (fardh ‘ayn): This refers to knowledge of the fundamentals of Islamic beliefs which every Muslim must know. Seeking this knowledge is an obligatory duty upon every Muslim. All obligatory knowledge deal exclusively with al-’Ilm al-Shar’i, that is, knowledge pertaining to Islamic faith, acts of worship, and the necessary transactions in the daily dealings of a Muslim.

2: Optional knowledge (fardh kifayah): This is not a duty required of every individual, but rather it falls upon the community as a whole. Hence, if a group of individuals in the community undertake to acquire this kind of knowledge, all other individuals will be exempted from this duty, and the whole community will be free from responsibility or negligence to acquire this kind of knowledge. Examples of such knowledge include studying Islamic law and other basic sciences, industries and professions which are vital for the welfare of the society.

Unlike obligatory knowledge, optional knowledge covers part of Islamic knowledge and all worldly knowledge. The former is called al-’Ilm al-Shar’i al-Kifa’i (optional Islamic knowledge), while the latter is called al-’Ilm al-dunyawi (worldly knowledge).
a) Religious sciences: These cover all branches of Islamic shari’ah, such as: tafseer (Qur’anic exegeses), fiqh, hadith sciences (known as mustalah al-hadith or ‘Ilm usul al- hadith), seerah (the Prophet’s biography), Islamic political science, (As-siyasah al- shar’iyah), Islamic history, etc.

Each of these sciences may require knowledge of other sciences to cover fully and comprehensively the substance of the matter studied. For example: tafseer needs Arabic grammar, Arabic literature, and other linguistic skills; Hadith sciences need the science of criticism (which looks at the narrators’ credibility, trustworthiness, power of memorisation, etc), called ‘Ilm al-jarh wat-ta’deel.

b) The natural and applied sciences: These are all the basic sciences, industries and professions which are of vital necessity for the welfare of the community. Examples of such fields include: engineering; agriculture, fisheries, food sciences, etc. Leaders of every Muslim community should always do their best to procure the necessary number of scholars, professionals and qualified men and women in all fields of optional knowledge needed by the community. For example, Muslims in a non-Muslim country must train sufficient number of shari’ah scholars to answer questions raised by members of the community. They must also prepare enough educators – administrators, teachers and counsellors to fill the growing needs of Islamic schools in this country. Both male and female Muslim doctors are needed in every city to care for male and female Muslim patients, respectively.
From the above discussion, we can fully understand the responsibility that lies upon the shoulders of Muslims in this continent.

Minimum requirements for Islamic sciences

First, the understanding fundamentals of Iman: This is also called ‘Ilm Usul ud-Deen (Fundamentals of Deen), or ‘Ilm al-Tawheed (the Oneness of Allah), or simply ‘Aqeedah (Islamic faith). Every Muslim must have a general knowledge of all matters pertaining to his faith. He should have a clear understanding of the Lord he worships, the Prophet he follows and the Deen to which he committed himself. Needless to say, one should exert the best of one’s effort to acquire these fundamentals.

Second, understanding Islamic rules and conduct (fiqh al-ahkam): This is also called fiqh al-’Ibadat (understanding of acts of worship). This field covers all aspects of the Islamic acts of worship that are necessary for the correct practice of one’s Salat, Zakat, Sawm, and Haj.
It als covers all aspects of family issues, such as marriage, divorce, children’s education, as well as rules and regulations for one’s business transactions such as, buying, selling, borrowing lending, etc. A Muslim is obligated to learn from fiqh al-ahkam only matters that are related to Ibadah (worship) he need to perform; and rules of a particular transaction he wants to undertake. For example, if a Muslim has not reached the age for prayer or fasting, he does not have to learn about them though he may be encouraged to do so. Also, if one does not have the necessary means to perform Haj, one does not need to learn its rituals until one becomes able to undertake the Haj journey.

By learning those two branches, a Muslim will know His Lord by all His beautiful names and Most High attributes. He will know the status, function and rights of the Prophets. He will follow a similar course when dealing with other required beliefs, such as the belief in the Angels, the Books, the Predetermined Decree, the Last Day, the punishment in the grave, etc. On the other hand, before performing any act of worship, a Muslim should know the requirements, the conditions and the desirable actions pertaining to that act. Hence, He will never practice any act of worship or undertake any transaction not sanctioned by the Qur’an or Sunnah.

Just by contemplating the Islamic knowledge of Muslims today, the reader can realise how much those two disciplines, which are required of every Muslim, have been neglected, if not totally ignored.

Unfortunately, there are many Muslim professors, doctors, and engineers, who hold the most advanced academic or professional positions in their respective institutions, yet do not possess the minimum knowledge of the Islamic sciences. Ironically, while it takes only a few weeks or even a few days to acquire the obligatory Islamic knowledge, it may take at least two years to obtain a basic degree in any worldly field.

Indeed, it is through knowledge and sincerity that one can enter paradise. This is how we can understand the Hadith of our beloved Prophet sallallaahu 'alaihi wa sallam, “Whoever adopts the path of seeking knowledge, Allah eases for him the way to Paradise.” (Related by Ahmad, Al-Tirmidhi, Abu Dawud, Ibn Majah, and Al-Darami).

The following Hadith is a strong reminder for anyone of us whom Allah has blessed with some Islamic knowledge: “Whoever is asked about a knowledge that he knows about and then hides it and keeps it away, he
will be bridled on the Day of Judgment with a bridle of fire.” (Related by Ahmad, Abu Dawud 
and Al-Trimidhi).

2. Friday speech delivered by Imam Mohamed Baianonie at the Islamic Center or Raleigh, NC on January 21, 2000

Knowledge is the road to Iman belief, and leads the person to fear Allah (S.W.T.). The fear, that is based on knowledge, regulates the person's deeds. Knowledge is the one that leads to fear of Allah, which in turn entices action. Allah (S.W.T.) said in surat Fatir, (Verse 28), what can be translated as, "It is only those who have knowledge among His slaves that fear Allah." Because of that, Allah (S.W.T.) brought the people of knowledge to different higher levels according to their knowledge, For that reason Allah (S.W.T.) raised up the degree of those who have knowledge, He (S.W.T.) said in surat Al-Mujadilah, (Verse 11), what can be translated as, "Allah will exalt in degree those of you who believe, and those who have been granted knowledge."

Knowledge of deen gathers and contains all righteous deeds and it is a sign of acceptance and pleasure of Allah (S.W.T.) with His servant. Imams Bukhari and Muslim reported that the prophet Muhammad (S.A.W.) said: "If Allah wants to do good to a person, He makes him understand and learn the deen."

Knowledge comes before Ibadah and regulates it, so no Ibadah is accepted unless it is based upon correct knowledge. For this reason, the prophet (S.A.W.) considered the person of knowledge to have much higher status than the worshipper. 

The prophet Muhammad (S.A.W.) elevated the one who has knowledge over the worshiper, He (S.A.W.) said in a good hadith reported by Imam At-Tirmithi,"An ‘Aalim (learned person in the deen) is as much superior to an ‘Aabid (Worshiper) as I am superior to the lowest among you." In another hadith reported by Imam Abu-Dawoud and At-Tirmithi, that the prophet Muhammad (S.A.W.) said: 

"An ‘Aalim (learned person in the deen) is as much superior to an ‘Aabid (Worshiper) as the full moon is superior to all stars."

The prophet (S.A.W.) considered seeking knowledge obligatory upon every Muslim, male or female. His teaching included all with no exception. Even the women took their share in seeking knowledge. Imam Bukhari reported that some woman requested the prophet (S.A.W.) to fix a day for them as the men were taking all his time. On that he promised them one day for lessons, so he preached and commanded them…"

Shyness did not prevent the women from seeking knowledge. Imam Bukhari reported that A'isha (R.A.) said: "The best woman are the woman of ansar because their shyness did not stop them from learning the deen."

The companions of the prophet were very eager to seek knowledge. They use to ask the prophet about every matter in their lives, and the prophet (S.A.W.) used to answer them with what Allah (S.W.T.) had taught him with humbleness and kindness.

The companions of the prophet (S.A.W.) used to alternate and rotate going to the Masjid of the prophet (S.A.W.) so that they do not put off their worldly work and nothing of seeking knowledge slips away. 

Umar (R.A.) is one example. Imam Bukhari reported that Umar Bin Alkhattab (R.A.) said: "My Ansari neighbor and I used to live far away from the masjid of the prophet (S.A.W.), and we used to visit the prophet (S.A.W.) by turns. He used to go one day and I go another day. When I went I used to bring him the news of that day regarding the revelation and other thing, and when he went, he used to do the same for me…"

Even the Bedouins used to travel a long distance to Madinah to seek knowledge by asking the prophet (S.A.W.). Imam Bukhari reported that Dimam bin Tha'labah came riding on a camel. He made his camel kneel down in the mosque, tied its foreleg and then said: "Who amongst you is Muhammad? At that time the prophet was sitting among his companions leaning on his arm. The companions replied, "This white man leaning on his arm. The man then addressed him. "O son of Abdl Muttaleb, I want to ask you something and will be hard in questioning. So do not get angry. The prophet said: "Ask whatever you want…" (Then the Bedouin, asked him many questions, and the prophet (S.A.W.) answered them all.)

The prophet (S.A.W.) ordered his companions who learned to teach others even if it is little. Imam Bukhari reported that the prophet Muhammad (S.A.W.) said: "Convey on my behalf even if it is only a verse (of the Qur'an)…"

Also Imam At-Termithi reported a good hadith that the prophet Muhammad (S.A.W.) said: "May Allah prosper the affairs of a person who hears something from us and communicates it to others exactly as he has heard it. Many a man to whom something is convened retains it in his memory and understands it better than the one who has heard it."

The prophet (S.A.W.) warned from keeping knowledge secret. 

Imams At-Tirmithi and Abo Dawud reported a good hadith that the prophet Muhammad (S.A.W.) said: "He who is asked about knowledge and conceals it, will be bridled with a bridle of fire on the Day of Resurrection."

The companions of the prophet (S.A.W.) were keen on seeking knowledge and spreading it during the life of the prophet (S.A.W.) and after. They traveled in the land to teach people and became within less than a quarter of a century the strongest Ummah on the face of the earth with what they had carried from the knowledge of deen and the knowledge the worldly life. With that, they became prosperous and the whole humanity became prosperous. This prosperity remained for so many centuries that history could not ignore. Many scientific remains in all aspects of science are still around.

Regression of this Muslim Ummah then started sometime in its history. This regression closely accompanied the attitude of laziness and carelessness and turning away from knowledge, so ignorance started to spread in place of knowledge until this Ummah became the most backward Ummah.

To revive this Ummah and empower it again with knowledge and leadership that it once had, we must spread the correct knowledge of the deenuAllah (S.W.T.) because from this knowledge stems all other knowledge. And it is a must that we take practical steps to achieve this.

We ask Allah (S.W.T.) to help us to seek knowledge and to bless us with sincerity in our sayings and deeds. O Allah! Increase our knowledge. "Ameen

Wednesday, September 8, 2010

Shariah, Globalism, Media, Muslim Extremists, Stoning-Beheading-Flogging, Hate Crime & Christian Extremism

1. Dr Hamdy Murad, Professor of Sharia at Al-Balqa Applied University, Jordan. 

The regulations of Sharia can only be applied in a mature, Islamic educated society that is familiar with the respective regulations, morals and laws. This is a principal issue. These regulations should not be applied in an Islamic society that is not mature or in which the reasons of righteousness are absent.

We do not deny what is stated in the Koran or what is agreed upon by all scholars. The conditions stated for executing the death penalty are very balanced and show an outstanding miracle and accurate balance. On the one hand, they demand that the regulations be applied and on the other they prevent them from being applied, according to regulations and conditions. Accordingly, the purpose is not only deterrence, but also establishing justice, considering the spiritual, social, moral and educational aspects. There is a group of factors that interact with the soul. Absolutely, the death penalty must be imposed on the murderer. Yet, when we explore the conditions and details, we find that Islam is much more merciful than all the laws applied on earth. Avoiding punishment in secular laws results in injustice, while the conditions and regulations set to avert the death penalty signifies the utmost Islamic Justice.

Sharia contains laws that serve two purposes as far as capital punishment is concerned: 

establishment of justice and prevention of arbitrary execution. Sharia puts conditions to awake in the human soul motives other than deterrence, moral motives to achieve relative justice. Accordingly, Sharia gives the Commander of the Muslims, the ruler or law according to our traditions, the permission to make decisions according to what conforms to the status quo and the circumstances of society.

We talked about the immaturity of Islamic society these days and the suspension of the death penalty to establish justice. If the death penalty is executed in society while it is immature, this will be an outrageous injustice.

Then, we are against all capital punishment stipulated in the laws applied in the Arab, Islamic , Western and Eastern countries, because they do not achieve the Divine Justice that seeks preservation of life by all possible means. 

In addition, trials concerning the death penalty are seldom fair, and when justice becomes rare, the judgment must be immediately suspended to avoid injustice.



2. The mere fact that the dignity of the human being is a concern of all cultures and religions should give the impetus to discuss the matter.


3. The International Society for Human Rights 

..calls upon the UN Human Rights Commission: to call upon the Organisation of Islamic Conferences to actively promote the non-application of stoning as a form of punishment in their member states. Others say a better understanding of Sharia would reduce the concerns of non-Muslims. 


4. Roman Loimeier, Professor of religion, Beyreuth University, Germany: 

In all schools of Islamic law, the only possibility to punish someone with the "hadd"  punishment for adultery would be if both partners confess.  If they do not confess, the procedural law says you have to bring four witnesses who have seen the act committed. Next, these four witnesses have to be men, and  good citizens - honest and accepted members of  the community.  Thirdly, all the witnesses have to give identical statements.  [So] it is almost impossible to carry out a "hadd" [severe] punishment unless there's a confession [by the adulterers].

The problem is in countries like Sudanwhere Sharia is applied, these [laws of procedure] ruling the application of the Sharia are not applied.  So what you [get] is a perversion of the application of the Sharia. Many [Islamic scholars] conclude that the real Sharia as applied in Sudan or Afghanistan is not the real Sharia - but a perversion of it.


5. John Voll, Professor of Islamic History at Georgetown University in Washington, D-C, Associate director of Muslim-Christian Understanding in Washington: 

Besides following these judicial procedures, experts  say there are other recourses for reducing penalties. 
If [the governor] were doing it in the more traditional sense, he would go to a Sharia scholar and ask for a "fatwa", a legal advisory opinion.  He would ask the scholar [if] it would it be justified to suspend the amputation of the hand of this person because of the extenuating circumstances at the current moment, and the scholar might say yes, it's possible.  The governor would then say in light of this non-binding opinion, I will then suspend the implementation of the amputation, but give an equivalent punishment.


6. Farid Esack, Muslim Theologian, Cape Town, South Africa: 

The Sharia is meant as a path for reaching a harmonious society.  When the Sharia gets elevated to being a sacred entity by itself, this is the antithesis of what Islam stands for - which is the absolute supremacy, or sacredness of God - and only God is sacred: religion is not sacred - Sharia is not sacred, the path to reach God is not sacred.  And so Muslims then have to  see what are the underlying principles of the law that God enunciated for Muslims at a particular time, and what are the objectives of the law.  It is the objectives of the law which we should seek to fulfill and not the letter of  the law particularly when there is no homogenous community where everyone has an equal level of religiosity [belief] and commitment to that particular faith, or where everyone has an identical understanding of what following Sharia entails.


 7. Mohammed Salih, a native of Sudan, a professor at the Institute for Social Studies in the Hague
(Netherlands):


Sharia also has an indirect impact on non-Muslims. [When] you accept Sharia as the [legal] code, 
you accept the whole notion of citizenship that comes with it.  You divide society in two: the people of the [Koran] and the non-Muslims.  Here you create a hierarchy of citizens: Christians, Jews, and traditional believers.  The hierarchy is applied to power - if you are Muslim you are more likely to have more legal rights under Sharia law than non-Muslims-so the implications [of Sharia] go beyond the criminal code.


8. Noah Feldman, Law professor at Harvard University 

To many, the word “Shariah” conjures horrors of hands cut off, adulterers stoned and women oppressed. In fact, for most of its history, Islamic law offered the most liberal and humane legal principles available anywhere in the world. Today, when we invoke the harsh punishments prescribed by Shariah for a handful of offenses, we rarely acknowledge the high standards of proof necessary for their implementation.

Before an adultery conviction can typically be obtained, for example, the accused must confess four times or four adult male witnesses of good character must testify that they directly observed the sex act. 

It sometimes seems as if we need Shariah as Westerners have long needed Islam: as a canvas on which to project our ideas of the horrible, and as a foil to make us look good.

Today, 66 percent of Egyptians, 60 percent of Pakistanis and 54 percent of Jordanians say that Shariah should be the only source of legislation in their countries. Islamist political parties, like those associated with the transnational Muslim Brotherhood, make the adoption of Shariah the most prominent plank in their political platforms. And the message resonates. 

9. A.Miller, contributer, The Brussels Journal: 

Ironically, if Galloway had have used the word “Koran,” while suggesting that “the mere reading” of it might inspire the kind of hate on display in Undercover Mosque, he himself might well have stepped over the line into the realm of hate crime. Galloway, though, a friend of Islamic extremists everywhere, is perfectly happy to use this kind ofNewspeak. And plenty of mainstream British and European politicians are only slightly less craven.Dutch parliamentarian, and head of the Party for Freedom (PVV), Geert Wilders is one of those who is not. As you can imagine, this gets him into all kinds of trouble, from media trashing to death threats.
This week he was back in court in Amsterdam to answer charges of violating articles 137c and 137d of the Dutch Penal Code, which prohibit “inciting hatred” or “discrimination” against anyone because of their religion, race, gender, etc., and carry up to a two-year prison sentence.
Wilders has repeated ad nauseam that he has nothing against Muslims, but only against the ideology of Islam, and in the pre-hearing, once again reiterated that he was not “out to offend people. I have nothing against Muslims. I have a problem with Islam and the Islamization of our country because Islam is at odds with freedom.”
The transformation of Amsterdam from the world’s most liberal city to one where gays are now frequently attacked, is just one of the aspects of “Islamization” that Wilders has a problem with. And for this, the court apparently has a problem with Wilders. 
The summons also documents Wilders statements against Islam, including his call to ban the Koran, which he has described as a “fascist book.” Then there’s the summons’ scene-by-scene breakdown of Wilders’ 17-minute movie Fitna. Similar to Undercover Mosque, Fitna is largely a compilation of documentary footage – again of hate preachers inciting violence against non-Muslims, Jews, and so on, as well as scenes of actual violence committed by Islamic militants and terrorists, and extracts of the Koran.
The suras shown in writing throughout the film are those such as surah 8, verse 60 (“Prepare for them whatever force and cavalry ye are able of gathering, to strike terror, to strike terror into the hearts of the enemies, of Allah and your enemies”) which are used by Islamic militants to justify, and indeed to inspire, terrorist attacks and other atrocities.
This is obvious to anyone who has spent even a few hours perusing extremist Muslim chat rooms (including those run by and for those living in the West), has the slightest knowledge of al-Qaeda or other terrorist networks, or has read the Hamas charter, which so neatly sums up the Jihadist’s raison d’etre in article eight:
“Allah is its target, the Prophet is its model, the Koran its constitution: Jihad is its path and death for the sake of Allah is the loftiest of its wishes.”
The Dutch authorities, however, like those of other European states, appear almost to have sided with the terrorists and extremists – not merely over non-Muslims, but over moderate and reformists Muslims as well. As Salim Mansur said in the Toronto Sun, “the Amsterdam Court of Appeal has conceded space to the Islamists by accommodating, in practical terms, their demand for acceptance of Shariah (Islamic law) within secular society.”

10. Dr. Robert D. Crane, The Global Justice Movement: 

On May 7th, 2003, the National Association of Evangelicals convened a summit conference of forty leaders, representing 43,000 congregations, to address the issue of whether they should focus their efforts on countering or converting Muslims. Their conclusion was that the mission of proselytizing must have top priority and that this necessarily conflicts with the radical efforts to brand Islam and the Prophet Muhammad as inherently evil and violent.

As Protestant extremism declines in the aftermath of the successful war in Iraq, the negative assessment of Islam as a religion has been taken up by neo-conservative leaders within the Catholic Church. One of the most articulate of such leaders appears to be Michael Novak, one of the top intellectuals in America’s first policy think-tank, The American Enterprise Institute.

This represents an entirely new approach to Islam, because it is based not on generalizing from the action of extremist Muslims but on denial of what centuries ago the greatest Muslim scholars, all imprisoned for their beliefs, considered to be the three basic fundamentals of Islam as a religion. The newest strategy apparently is to single out these essential truths of Islam, deny that they exist, and assert that their absence constitutes the Islamic threat. This sophisticated strategy may be more effective over the long run than are the simplistic claims of Pat Robertson and Franklyn Graham that Muslims are bandits.

The challenge to American Muslims, especially after 9/11, is to explain the difference between Islam as a religion and Muslims as its supposed practitioners.

Equally important is the challenge for Muslims to put their own house in order by marginalizing the extremism that can give rise to violence and by taking advantage of the post-Iraq environment to end the poverty and oppression that feed such extremism.