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Jihad & Ijtihad

The rejection of philosophy and knowledge by muslims was not a cause, but a symptom of their downfall. Their ecnomic, military, adminstrative weaknesses led to their downfall, and eventual appropriation of their knowledge based heritage. The major learning centers of the muslim lands, Cordoba, Baghdad, Qairowan, Rayy, NIshabur, Bukhara, Samarkand, suffered a great deal from reconquests, crusades, hordes and general mayhem, and that precepitated their fall from grace. The cause and effect was that of declining military, and economic power, which subsequently led to stagnation in innovation and knowledge, both ethereal and worldy.
Very well summarized.

The emergence of the interest-based banking systems in Europe in the 14th and 15th centuries and the greed for accumulating wealth led colonialists in conquering the world's resources. The effect of the colonial legacies resulted in the destruction of many peoples, cultures, governments and civilizations. Islamic civilizations and cultures were at their peaks during these times, ottomans, mughal's, etc. and happened to be placed at the wrong time in history. Thus, the fall of muslim rulers and goverments translated into the fall of its institutions including but not limited to religious and scientific learning.

In recent times, the fact that gun powder, missiles, glass, etc. are all inventions of muslims in recent history

Europeans never went through 'age of enlightenment', its a mere claim and thats about it. Think about it, how can a civilization not give rights to women and treat blacks as slaves yet cliam to be "enlightened" ??

its all lies and historical blunders meant to give the europeans a sense of superiority.

Lastly, the doors of ijtehad have never been closed for scientific reasons. The fact that scholars of the highest level and intellect such as mujtahids of today are using technology for the cause and spread of Islam from all schools of thoughts should give you an idea that scientific learning is utilized by the highest of Muslim authorities today, so how can it be closed for other reasons?
 
The Islamic Shariah is applicable for all times and all places

By studying the history of humanity, it is evident that any nation builds its material achievements upon a specific intellectual foundation. This foundation sustains and advances the nation's material achievements, even in the face of severe problems or crises. On the other hand, if a nation lacked an intellectual foundation, its achievements would wither away and it would be unable to recover from any setbacks that confront it. It would lose its momentum altogether and cease to exist as a civilization. This intellectual foundation is of the utmost significance, as it serves as the basis for any civilization and provides a nation with its point of view about life, goals, methodology, and a reference for problems and issues that emerge in the course of a society. When the intellectual foundation is adopted and implemented, it engenders creativity and an effective way of thinking.

The Muslim Ummah has a lengthy and rich history with the Islamic 'Aqeedah as its intellectual foundation. Today, the Muslim Ummah is living in decline, whether in the area of economics, politics, social order, government, morals, etc. It becomes important to scrutinize this set of conditions carefully so as not to mistakenly attribute these aspects as the reason for the decline. Since, this may cause us to direct our efforts away from the correct solution by addressing the symptoms rather than the root problem.

This apparent state of decline did not occur in a sudden manner or due to minor problems. The Ummah abandoned Islam as its reference and intellectual basis. We began viewing Islam as a set of rituals and a historical heritage, with no relevance to life. This was a result of many factors that accumulated over many centuries. Some of which are:

1. The Arabic language was ignored both in understanding and carrying Islam from the beginning of the seventh century A.H. When the Mamluks who were non-arab gained authority of the Islamic state, they neglected the Arabic language and the intellectual and legislative side of ruling. After it the ‘Uthmani State took over control of most of the Islamic world. In the 9th century Hijri (15th century CE), it also concentrated its efforts on the conquests and neglected the Arabic language despite the fact that it is essential in order to understand Islam and one of the conditions necessary in order to effect Ijtihad.

2. Foreign philosophies, such as the Indian, Persian and Greek had an impact on some Muslims, inducing them to commit attempts to reconcile between Islam and these philosophies, despite the complete contradiction between the two. These conciliatory attempts led to wrong interpretations and explanations that alienated some Islamic facts from the minds or at least weakened their comprehension.

3. The intellectual invasion headed by missionaries in the 17th century.

4. The political invasions during the 19th century.

5. The cultural invasion by the West

In the 5th century after Hijra, the doors of Ijtihad were closed, resulting in a devastating impact upon the Muslim Ummah, especially in the long term. Closing the doors of Ijtihad stripped the Ummah from its ability to extract rules to solve newly emerging problems such that fatawa were given proclaiming that the telephone was haram as it was linked to the whispers of Shaytan and that using the printing press to print the Quran was forbidden. The accumulation of unsolved problems resulted in the weakness in implementing Islam and caused Muslims to start doubting Islam's ability to solve contemporary problems, especially after the industrial revolution that occurred in the West. By the beginning of the 20th century, many attempts were made or proposed to change the situation of the Muslim Ummah. These efforts focused on addressing the symptoms or resorting to other ideologies and ideas. One such effort was to make Islam relevant by viewing the Islamic Fiqh (jurisprudence) as changeable and adaptable to the changing society. This distorted understanding has led some to view dynamism of Fiqh from this perspective which is incorrect and completely contradicts the meaning of Fiqh. So, what needs to be addressed are the mechanisms in Islam which enable it to be relevant and applicable until the Day of Judgment.

Before delving into the subject of Ijtihad which is one of the main processes in Islam that enable it to apply to any new reality that we face, it is important to understand some other basic concepts which relate to the applicability of Islam to all times.

Islam is relevant in the coming of the 21st century in the same manner it was in the 7th century. Human beings can form a system for life. However, such endeavours will never be free of errors, inconsistencies, and will lack relevancy for all peoples at all times. The manmade system would be able to address specific problems in time, place, and for specific people under certain conditions. However, it will never be able to solve all the problems for all humanity at all times under every condition. All of this is due to the nature of human beings who are limited in their abilities, being influenced by their own needs and surroundings. A system revealed from the Creator surpasses all of these limitations. Allah (swt) states:

“Know you not that it is Allah to whom belongs the dominion of the heavens and the earth? And besides Allah you have neither any Wali nor any helper.” [TMQ 21:107]

“And We have not sent you (Mohammed) except as a giver of glad tidings and a warner to all mankind, but most men know not.” [TMQ 34:28]

“And (remember) the Day when we shall raise up from every nation a witness against them from amongst themselves. And we shall bring you (o Mohammed) as a witness against these. And We have sent down to you the Book as an exposition of everything, a guidance, a mercy, and glad tidings for those who have submitted themselves.” [TMQ 16:89]

Islam's legislative rules and principles are founded on a doctrine that views problems as extending from the needs of human beings as human beings. That is to say, not in their racial, regional or tribal context, or as a reaction to a particular social condition; or as Muslims or non-Muslims, but as human beings. It is only a specific doctrine in as much as it is specific to all human beings. It is a timeless conception of the human condition, for it is not man's nature that changes with the passage of time, but his material circumstances; the complexity of material and technology, which develop through continuous scientific endeavour.

Man's innate needs, whether basic organic requirements such as the need for food, clothing and shelter or basic instinctual drives such as survival, justice and security, remain consistent. Furthermore, the needs that extend from this basic constitution such as the need to regulate political, social and economic relationships individually or collectively are also seen to exist across the expanse of human history. Though their manifestations may change, it could not be said that new needs have manifested or that the existing ones always increase, either in complexity or propensity. New world-views, thoughts and beliefs may develop over time and emerge at various points in human history, but these too do not represent a shift in man's fundamental nature, intellect or needs. Since the Islamic system addresses problems as demands extending from this consistent human nature, it is continually applicable and a consistent source of solutions for tackling human problems.

Indeed, it is not thoughts, but things that time may render obsolete. An idea is invalidated by identifying its intellectual shortcomings whereas material things are replaced and considered obsolete as scientific and engineering progress produces increasing material sophistication.

The Shariah texts have the capacity to deal with any problem

The Shariah texts, whether from the Kitab or from the Sunnah are the best texts for the field of thought, the widest in scope for generalisation, and the most fertile ground to cultivate general principles. They are suitable as legislative texts for all peoples and nations. As for being the best texts for the field of thought that is obvious from the way they cover all types of relationships, whether between individuals or between the state and citizens, between states, peoples and nations. However new and multifarious these relationships may be, it is possible to deduce rulings for them from these Shariah texts. As for the best scope for generalisation, that is clear from their sentences, words, style of expressions in terms of covering the wording (Mantuq), understanding (Mafhum), meaning (Dalala) and justification (Ta'leel) and analogy (Qiyas) to the 'illah (reason) behind a rule, all of which makes the inference feasible, permanent and inclusive. This insures they are able to encompass everything, being complete and general. As for it being the most fertile ground to cultivate general principles, this is clear from the abundance of general meanings which these texts contain. This is because the Quran and the Hadith have come along broad lines even when focussing on specific details. The nature of these broad lines is that they give the Kitab and Sunnah general meanings under which collective and detailed issues can be specified, and from this arise the abundance of general meanings. These general meanings contain real, perceptible issues and not hypothetical ones. At the same time they are there to solve the problems of mankind, not just for specific individuals i.e. to clarify the rules for the actions of man, whatever the instinctual manifestation that pushed them to the performance of that action. That is why these texts are applicable to diverse meanings and rulings.

This is the reality of the Shariah texts from the legislative angle. When we recognise these texts have come for all mankind and are legislation for all nations and peoples, it becomes clear that the presence of Mujtahidin is essential - to understand these texts legislatively and then apply them in all aspects and adopt the Shariah rule for each incident that occurs. New things happen every day that are too numerous to mention. The Mujtahid must deduce the rule of Allah (swt) for everything that happens because it is not permitted for events to happen and be left as they are without knowledge of the rule of Allah (swt).

The Mujtahid exerts his utmost effort to derive the rule. If he is correct in his Ijtihad then he has two rewards and if he makes a mistake he will have one. The Prophet (saw) said: “If a judge passes judgment and makes Ijtihad and he is right then he will have two rewards. And if he makes a mistake he will have one.” [This hadith is agreed upon (muttafaq a’alayh) from the hadith of ‘Amr b. al-‘Aas and Abu Hurayrah, Bukhari: 7352, Muslim: 1716.]

Bukhari narrated from Aisha that when the Prophet (saw) returned from the battle of khandaq (ditch) and laid down his arms and took a bath. Jibrail came and said “You have laid down your arms? By Allah, we angels have not laid them down yet. So set out for them.” The Messenger (saw) asked, “where to go?” so Jibrail pointed towards Banu Quraiza. The Prophet (saw) instructed the mu`azzin to give azan and so he announced to the people: “Whosoever hears and obeys he should not pray Asr except in Bani Qurayzah.” So they headed towards the fortresses of Bani Qurayzah, however they had different understandings of what the Messenger (saw) had said to them. Some took the literal meaning and they did not pray until they reached Bani Qurayzah after Maghrib. And others took it to mean that they should go there quickly, so they prayed Asr in Madinah or on the way. When the Messenger (saw) heard about this he accepted the action of all them. [Bukhari: 894, 3810 Muslim: 3317]

The saying of the Prophet (saw) when he sent Mu’az as Qadi to Yemen: “By what will you pass judgement?’ He said: By the Book of Allah. The Prophet (saw) said: If you do not find it there? He said: By the Sunnah of the Messenger of Allah (saw) .He said: And if you do not find it ? He said: 'I will exercise my own ijtihad’ He (saw) said: ‘Praise be to Allah who has made the messenger of the Messenger of Allah to accord with what Allah and His Messenger loves.” [Ahmad: 5/230, Abu Dawud:3592, at-Tirmizi:1327]

The Sahaba have formed an Ijma (consensus) that the Mujtahidin are not accountable in the Shariah rules regarding speculative Fiqhi (jurisprudence) issues. As for definite issues such as the obligation of worship, prohibition of fornication and murder and so on there is no requirement for Ijtihad or dispute with respect to them. That is why the Sahaba disagreed on speculative issues but never on the definite issues.

Concerning speculative issues the Mujtahid is correct in what he has arrived at by his Ijtihad even if he is liable to make a mistake in his opinion. However, being correct does not mean that he has hit the target because this does not agree with the reality of a speculative rule since the Messenger (saw) called him a Mukhti' (one who has made a mistake). What is meant by saying that the Mujtahid is right is that it does not rule out the possibility of making mistakes. Describing someone who makes a mistake in Ijtihad as right (Musib) is in the meaning that the text rewards the Mujtahid even when he makes a mistake i.e. when he misses what was intended by the Lawgiver. Therefore, every Mujtahid is right according to what he thinks is right but this does not rule out the chance that a mistake could have been made.

Misconceptions of IjtihadAs mentioned earlier different extremes exist regarding the view of Ijtihad, some believe the doors of Ijtihad are closed whereas others have broken the doors of Ijtihad altogether. The following are some of the key misconceptions that have crept into the minds:

a) The doors of Ijtihad are closed i.e. it is impossible and not permitted to undertake Ijtihad today.

b) To undertake Ijtihad one has to be similar in knowledge to Imam Malik ibn Anas (d. 796) and it is not permissible or possible for someone with less knowledge than him.

c) The scope of Ijtihad includes most things including definitive matters such as the prohibition of Riba (usury) and the prohibition of having nation states with a multiplicity of rulers in the Muslim world. It allows for definitive Islamic rules to be altered in order to apply to the modern age.

d) Ijtihad is only personal reasoning and not the hukm of Allah i.e. it is the reasoning of an individual and therefore cannot be a shariah rule.

e) Ijtihad only occurs in those areas where the Islamic evidences have not discussed directly i.e. upon new issues.

f) Ijtihad is an individual obligation (Fard Ayn) and therefore Taqleed (following an opinion of a Mujtahid) is prohibited (haram).

In order to clarify these misnomers we must understand the subject of Ijtihad from its root, this means its definition and then understand its scope, evidences, reality and limitations.

Definition and scope of IjtihadLinguistically Ijtihad in the Arabic language means to make the utmost effort to realise a matter that entails a measure of discomfort and difficulty. It comes from the root word jahada (stuggle).

The scholars of Usul ul Fiqh gave it a specific definition as the linguistic meaning alone is not accurate when discussing the shariah rules. The great scholars of Usul such as Abu al-Husayn 'Ali otherwise known as al-Amidi (d. 631 A.H.) and Mohammad bn Ali Al-Shawkani (d.1255A.H.) defined it as “the total expenditure of effort made by a jurist in order to infer, with a degree of probability, the rules of Shariah from their detailed evidence in the sources.” [Amidi, Ihkam, IV, 162; Shawkani, Irshad, p. 250.]

Others add, “in a manner the Mujtahid feels unable to exert any more effort” to this definition.

This Usuli definition of Ijtihad was derived from the evidences which discuss Ijtihad and establish its obligation such as the ahadith mentioned earlier, these will be elaborated in a following chapter. Unfortunately some today believe that Ijtihad is a mere personal reasoning of an individual and have abandoned this definition of the Usuli scholars which has been established for centuries. The consequence of this is that people mistakenly think that Islam doesn’t contain a process to derive rules for modern problems. Therefore when talking about Ijtihad it is paramount that we refer to the established Usuli definition rather than how the term is used today.

In order to understand the scope of Ijtihad it is necessary to understand the types of ahkam shariah (divine rules) in order to ascertain to which area it applies.

It is unanimously agreed that there are two types of ahkam shariah:

Qat’i (definitive), such as the obligation of the five times daily Salah (prayer), the prohibition of Riba (usury) and the obligation of ruling by whatever Allah (swt) has revealed. These types of rules are definitive as they are established by Qat’i Thuboot (definitive transmission) and Qat’i Dalalah (definitive meaning).

Zanni (speculative), either they are established from Zanni Thuboot (speculative transmission), Zanni Dalalah (speculative meaning) or both. These include rules such as whether intention is a condition for Wudhu (ablution), whether it is conditional for the Khalifah to be from the lineage of the Quraish and whether leasing agricultural land is prohibited.

A text which is definitive text in meaning is one which is clear and specific; it has only one meaning and admits of no other interpretations. An example of this is the text on the entitlement of the husband in the estate of his deceased wife, as follows: “In what your wives leave, your share is a half, if they leave no child" [TMQ al-Nisa', 4:12]. Other examples are:

“The adulterer, whether a man or a woman, flog them each a hundred stripes” [TMQ al-Baqarah, 2:196]

“Those who accuse chaste women of adultery and fail to bring four witnesses [to prove it], flog them eighty stripes” [TMQ al-Nur, 24:4]

The quantitative aspects of these rulings, namely one half, one hundred, and eighty are self-evident and therefore not open to interpretation.

The second type of ahkam shariah are those which are considered speculative (Zanni), as either they are established from Zanni Thuboot (speculative transmission), Zanni Dalalah (speculative meaning) or both.

Ijtihad does not occur except in the ahkam shariah whose daleel is speculative (Zanni) and not when the rule is decisive (Qat’i). [Shawkani, Irshad, p. 250; Zuhayr, Usul, IV, 223-25; Badran, Usul, p. 471.] Therefore there can be no Ijtihad the definitive rules such as those mentioned. To reject these ahkam or any others established through Qat’i Thuboot and Qat’i dalalah is Kufr (disbelief) as it would be a rejection of the definitive revealed rule from Allah (swt). Thus those who reject that the five times daily prayer (Salah) are fara’id (obligations) or that ruling by whatever Allah is revealed is obligatory undoubtedly become Kuffar (disbelievers) even if they were great scholars (Ulema) who had committed the entire Quran and all the ahadith (narrations) to memory.

An example of a text with a Zanni meaning is the verse “God will not call you to account for what is futile (al-laghw) in your oaths, but He will call you to account for your deliberate oaths . . .” [TMQ al-Ma’idah, 5:92]. The text then continues to spell out the expiation, or kaffarah, for deliberate oaths, which consists of either feeding ten hungry persons who are in need, or setting a slave free, or fasting for three days.

The Ulema have differed on the definition of futile, as opposed to deliberate, oaths, which occur are mentioned in the verse. According to the Hanafis, a futile oath is one which is taken on the truth of something that is suspected to be true but the opposite emerges to be the case. The majority have, on the other hand, held it to mean taking an oath which is not intended, that is, when taken in jest without any intention. Similar differences have arisen concerning the precise definition of what may be considered as a deliberate oath (yamin al-mu'aqqadah). There is also disagreement as to whether the three days of fasting should be consecutive or could be three separate days. Hence the text of this ayah, although definitive on the basic requirement of kaffarah for futile oaths, is speculative as to the precise terms of the kaffarah and the manner of its implementation.

A Quranic injunction may simultaneously possess a definitive and a speculative meaning, in which case each of the two meanings will convey a ruling independently of the other. An example of this is the injunction concerning the requirement of ablution for prayers which reads in part “ ...and wipe your heads” [TMQ 5:6]. This text is definitive on the requirement of wiping (mash) of the head in Wudhu, but since it does not specify the precise area of the head to be wiped, it is speculative in regard to this point. Hence we find that the jurists are unanimous in regard to the first, but have differed in regard to the second aspect of this injunction. [Badran, Usul, p. 66.]

When it comes the area in which Ijtihad is permitted it is important to realise that it does not occur after a brief look at the shariah texts, rather it means that the Mujtahid struggles to his utmost such a manner that the jurist feels an inability to exert himself further in order to derive the hukm of Allah. If the jurist has failed to discover the evidence which he was capable of discovering, his opinion is void. [Ghazali, Mustasfa, II, 102; Amidi, Ihkam, IV, 162.]

Therefore if one claimed to have made Ijtihad upon an issue after only studying one text related to it and ignored all other relevant texts even though they were readily available, this would not be considered legitimate Ijtihad.

The definition of Ijtihad itself clarifies a misconception that it is only a personal reasoning and not the hukm of Allah. Often Western thinkers refer to Ijtihad in this manner as if it is only a product of the mind and nothing to do with law of Allah. It is not just a personal reasoning of a jurist rather it is an extraction of the hukm of Allah from the sources of shariah. To believe that it is only a personal reasoning is dangerous as it infers that it is a product of the mind alone like in Western legislation. For example the rules of divorce in Western legislation completely differ from the rules of divorce in Islam, as the West believes the mind is a source of legislation whereas in Islam we apply the mind in order to understand the revelation of the Creator.

The scope of Ijtihad does not include the matters of Aqeeda (belief) as it is not allowed to do Ijtihad in ‘Aqeedah from the Usuli meaning. This is because the ‘Aqeeda is definite and decisive and cannot be taken except from the definite daleel (evidence) and it is prohibited to take it from the speculative evidence. Therefore there can be no Ijtihad regarding the belief in angels, the day of judgement, jannah (paradise), jahannum (hell) and the like.

He (swt) says: “And verily guess is no substitute for the truth.” [TMQ 53:28]

And He (swt) says: “Verily, those who dispute about the ayat (proofs, evidences, verses) of Allah, without any authority having come to them, there is nothing else in their breasts except pride (to accept you [Muhammad (saw)] as a Messenger of Allah and to obey you) They will never have it (i.e. the Prophethood which Allah has bestowed upon you).” [TMQ 40:56]

And He (swt) said: “They have no (certain) knowledge. They follow nothing but conjecture. For surely; they killed him not (‘Isa).” [TMQ 4:157]

"Do you have Ilm for that which you claim so that you provide us with? You follow nothing but conjecture (Zann)." [TMQ 6:148]

"These are nothing but names which you have devised, you and your fathers, for which Allah has sent down no authority. They follow nothing but conjecture and what their Nafs desire. Even though there has already come to them the Guidance from their Rabb" [TMQ 53:23]

Jalaluddin as-Suyuti, a Mujtahid Imam of the Shafi madhab commented on this verse, that the people had zann (conjecture) which is opposed to knowledge (ilm) i.e. certain knowledge. He also stated that Allah had sent down definitive proof (Burhan Qat’i) for the truth of the Islamic Aqeeda. [Tafseer al Jalalayn page 627. It is stated in Reliance of the Traveller Ahmed ibn Naqib al misri (ra) (769/1368) Book of Qada (Judiciary)]

In all of these and other ayaat (verses) to do with beliefs Allah (swt) censures those who take the beliefs through conjecture (Zann) and decisively prohibits them from this.

Since Ijtihad, according to its definition, relates to Zanni evidences then it does not occur in beliefs.

It is incorrect to say that if the mujtahid makes a mistake then he gets one reward and hence there is no harm in making Ijtihad in ‘Aqeedah because he will be rewarded if he makes a mistake. This cannot be said because the one who makes a mistake in ‘Aqeedah is not rewarded or excused, rather he is sinful and he will be going astray even if he had exerted all his effort and energy he will not be safe. This is because such effort does not give him anything (definite) and he will have no excuse to save him from the punishment of Allah.

The Ulema are in agreement that in regard to the essentials of Aqeeda, such as the oneness of Allah (tawhid), His attributes, the truth of the Prophethood of Muhammad, the hereafter, and so on, there is only one truth and anyone, whether a mujtahid or otherwise, who takes a different view automatically renounces Islam. [Shawkani, Irshad, p. 259]

Therefore people such as the followers of Gulam Ahmad Mirza Qadian who believe he was a Prophet and Salman Rushdie who defamed Muhammad (saw) are definitely Kafir (disbelievers) and cannot be called Mujtahids as all.

The need for Ijtihad in every age

Allah (swt) addressed the whole of mankind through the Prophethood of our master Muhammad (saw). He (swt) said:

“Say (O Muhammad (saw)): “O mankind! Verily I am sent to you all as the Messenger of Allah…’’ [TMQ 7:158]

“O mankind! Verily, there has come to you a convincing proof (Muhammad [saw]) from your Lord” [TMQ 4:174]

“O mankind! Verily, there has come to you the Messenger (Muhammad [saw]) with the truth from your Lord.” [TMQ 4:170]

And He (swt) addressed the people and the Muslims with the Ahkam of Islam. He (swt) said:

“O mankind! Fear your Lord and be dutiful to Him! Verily, the earthquake of the Hour (of judgment) is a terrible thing.” [TMQ 22:1]

“O mankind! Be dutiful to your Lord, Who created you from a single person...” [TMQ 4:1]

“O you who believe! Fight those of the disbelievers who are close to you, and let them find harshness in you..” [TMQ 9:123]

“O you who believe! Approach not As-Salat (the prayer) when you are in a drunken state.” [TMQ 4:43]

“O you who believe! When you go (to fight) in the Cause of Allah, verify (the truth)...” [TMQ 4:94]

“O you who believe! Stand out firmly for justice, as witnesses to Allah, even though it be against yourselves...” [TMQ 4:135]

From these verses and others similar we understand that Allah (swt) has addressed humanity directly. Therefore for the one who has heard the address of the Legislator, Allah (swt) - it becomes incumbent on him to believe in it and understand it. It also becomes incumbent on him to act upon it, because it is Hukm Shar'ai (Shariah rule). So in principle a Muslim should understand the Hukm (rule) of Allah from the speech of the Legislator directly. This is because the speech has been directed at all people by the Legislator and not only at the Mujtahidin or the 'Ulama but all the Mukallafin (those who are legally responsible). Thus it became an obligation on the Mukallafin to understand this speech so as to be able to act upon it, since it is impossible to act upon the speech without comprehending it. Therefore, the inference (Istinbat) of Allah's Hukm became Fard on all the Mukallifin i.e. Ijtihad became Fard on all the Mukallafin (legally responsible). Consequently, the basis of a Mukallaf (legally responsible) should be that he adopts the Hukm of Allah himself from the speech of the Legislator because he has been addressed by this speech.

However, the reality of the Mukallifin (legally responsible) is that there is a disparity in their understanding and comprehension and in their aptitude for learning. They also differ in terms of knowledge and ignorance. Therefore, it is impossible for all of them to deduce Shar’ai rules from the evidences i.e. it is impossible for all Mukallafin to be Mujtahidin. Since the objective is to understand the speech and act upon it then the understanding of the speech i.e. Ijtihad is Fard on all the Mukallafin (legally responsible). However since it is impossible for all Mukallafin to understand the address for themselves due to the disparity of their understanding and the disparity in learning, then the obligation of Ijtihad becomes one of sufficiency ('ala al-Kifaya). If some undertake it the rest are absolved of the sin. Therefore, it became obligatory on those Muslims legally responsible that there should be Mujtahidin amongst them who would derive the Shar’ai rules. There is a similarity in this respect to other sciences, not everyone can become a doctor, physicist or chemist due to the disparity of people’s aptitude for learning.

The reality of the Mukallafin and the Hukm Shar'ai means that there would be two categories amongst the Muslims: the Mujtahidin and Muqallidin. This is because the one who adopts the Hukm himself directly from the evidences is a Mujtahid, and the one who questions the Mujtahid about a Hukm Shar'ai is a Muqallid; irrespective of whether or not the questioner asked about the Hukm to learn and act upon it, to learn and teach it to others or just to learn it. The Muqallid is considered as one when he asks someone who is not a Mujtahid but knows the Hukm Shar'ai and is able to tell others, whether the one who was asked is knowledgeable or just a layman. Thus, they are all followers (Muqallid) of others in this Hukm even if they do not know the one who deduced the Hukm, because the Mukallaf is required to adopt the Hukm Shar'ai and not follow any particular person. Being a Muqallid means he has adopted a Hukm Shar’ai, which he did not deduce himself. It does not mean he followed a particular person, since the subject matter is the Hukm Shar’ai and not the person. The difference between the Muqallid and the Mujtahid is that the Mujtahid deduces the Hukm Shar’ai from the Shariah evidence himself and the Muqallid is the one who adopts the Hukm Shar’ai irrespective of whether or not he knew the one who derived it, as long as he trusts the Hukm to be a Shariah rule. It is not a permissible Taqleed to adopt the opinion of any person as a personal opinion or the opinion of such and such scholar, thinker or philosopher without it being derived from the Islamic evidences. None of this is legitimate Taqleed. It is tantamount to adopting something other than Islam and this is prohibited by the Shariah. Also, Allah has ordered us to adopt from the Messenger Muhammad (saw) and not from anybody else whoever he may be. He (swt) said:

“And whatsoever the Messenger (Muhammad [saw]) gives you, take it, and whatsoever he forbids you, abstain (from it).” [TMQ 59:7]

A prohibition has been mentioned with regards to adopting an opinion originating from the peoples own minds without being based on the Islamic evidences. In the Hadith in Sahih of Bukhari, on the authority of 'Urwa b. al-Zubayr who said: 'Abd Allah b. 'Amr b. al-'As overcame us with proof. I heard him say: “Allah will not deprive you of knowledge after he has given it to you, but it will be taken away through the death of the learned men (Ulema’a) with their knowledge. There will remain ignorant people who, when consulted, will give verdicts according to their opinions whereby they will mislead others and themselves go astray.” i.e. they give Fatwas according to their own opinions which are not derived from the Islamic evidences. The opinion that has been deduced from the Islamic evidences is not considered as an opinion originating from the one who deduced it, on the contrary it is considered as a Hukm Shar’ai. As for what is regarded as mere opinion, it is just hearsay which emanates from a person. That is why the Messenger (saw) called it a Bid'aa (innovation). In the authentic Hadith the Prophet (saw) said: “The best speech is the Book of Allah and the best guidance is the guidance of Muhammad (saw). And the evil matters are the newly invented issues and every Bida’a (innovation) is a misguidance.” [Muslim]

The 'newly invented issues' are the Bida’a (innovations), they are whatever contradicts the Kitab, Sunnah or Ijma as-Sahaba (consensus of the companions) in terms of the Ahkam whether by action or speech. Thus the Taqleed allowed by Shariah is for the person unable to deduce Hukm Shar’ai themselves to ask the scholar about the particular Hukm Shar’ai so as to learn and adopt it. To summarise, it is allowed for anybody unaware of a Hukm Shar’ai to ask one who does know the Hukm so he may learn and take it. The subject and evidences for the permissibility of Taqleed are elaborated further in the section concerning Taqleed.

The fact that Ijtihad is an obligation of sufficiency (fard kifaayah), means that no age should be devoid of the presence of a mujtahid, otherwise the Muslims will be sinful. If one or more mujtahid is present then the sin is removed from the Muslims of that age and this is proven from two angles:

Firstly: The texts of the Islamic shariah requires the Muslims to undertake Ijtihad because these texts did not come in an elaborate manner. Even the ones that did come in detail regarding some matters did not cover all the details with a definite text. For example, the ayat of inheritance have come in a detailed manner. However in terms of partial rules they still require scrutiny and deduction such as the issue of Kalaalah and Hajab. The Mujtahidun take the view that the child (Walad) whether male or female, takes precedence in inheritance over the brothers of the deceased because the word ‘Walad' (child) refers to children of both sexes. Despite this Ibn 'Abbas holds the view that the girl does not inherit because the word 'Walad' refers to a male only. This shows that even some texts that treat in detail have come as ambivalent (Mujmal), and understanding and deducing a Hukm from them requires Ijtihad. This is from the angle of the texts.

Secondly: the newly occurring incidents of life are continuous and so if effort is not expended to deduce the rules relating to them, then it will not be possible apply the Shariah rules on them, knowing that there are numerous texts obliging the application of the Shariah rule on every issue:

He (swt) said: “And so judge (you o Muhammad [saw]) between them by what Allah has revealed.” [TMQ 5:49]

He (swt) said: “But no, by your Lord, they can have no Faith, until they make you (O Muhammad [saw]) judge in all their disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.” [TMQ 4:65]

He (swt) said: “And We have sent down to you the Book (the Quran) as an exposition to everything.” [TMQ 16:89]

Thus, Ijtihad is Fard on those who have the ability in every age i.e. it is a Fard kifayah if some have already performed it the rest are absolved of the obligation. This is from the angle whatever is necessary to fulfill a wajib (obligation) is itself a wajib. Ijtihad is wajib because we cannot refer to what Allah has revealed in every issue without Ijtihad.

Thus, Islam has encouraged Ijtihad by giving the one who gets an Ijtihad right two rewards and the one gets it wrong he gets one reward. The Muslims practiced Ijtihad from the beginning of Islam. The Sahabah had many Ijtihads and their differences in certain issues are well known. They used to deduce rules according to their own ability because they were proficient in the language, they lived which the Quran was being revealed. And they learnt directly from the Messenger of Allah (saw).

Then they were succeeded in the following ages by people from whom many mujtahideen emerged such as the Imaams of the mazhabs and their students.

The ages of Islam continued to flourish until the weakness in the Ijtihad creped in and its was banned and taqleed became widespread. And the deduced rules of Allah could not keep up with the new emerging issues.

Ijtihad must continue so that there are able Mujtihadeen in the Ummah and Islam can lead the world in solving their problems and bring them out from the darkness into light.

The Messenger (saw) gave us the glad tidings that this goodness will not stop and that in the last ages there will from this Ummah those who will work to apply the laws of Allah on the earth and make Ijtihad to keep Islam the highest. He (saw) said: “There is will always be a group from my Ummah who will remain in the Haqq (truth) until the Decree of Allah comes and Dajjal appears.”

To say that the doors of Ijtihad are closed is completely incorrect, this was a serious error that some Ulema mistakenly called for in history and clearly contradicts the Shariah. The Shariah texts exist today as they existed in the past, therefore Ijtihad is not only possible, it is necessary and a Fard ul Kifaya (duty of sufficiency), as was proven earlier. Al- Shawkani (d.1255/1839) articulated this brilliantly when he said: 'It is utter nonsense to say that Allah Almighty bestowed the capacity for knowledge and Ijtihad on the bygone generations of ulema but denied it to the later generations.' ‘What the proponents of taqlid are saying to us is that we must know the Quran and the Sunnah through the words of other men while we still have the guidance in our hands. Praise be to Allah, this is the greatest lie (buhtanun 'azim) and there is no reason in the world to vindicate it.’ [Shawkani, Irshad, p. 254] The doors of Ijtihad are open but not for the ignorant, they are open until the day of judgement for the people of knowledge who have the capability to perform it as knowledge is the key to the door of Ijtihad.
 
In order to understand the scope of Ijtihad it is necessary to understand the types of ahkam shariah (divine rules) in order to ascertain to which area it applies
.


readers will notice "divine rules" -- doe sthe author imagine that readers are some sort "divinity" to whom such rules will apply - do rules actually apply to divinities?? Can rules be "divine"???????????? After all, if Shariah is for human beings, do "divine rules" apply to human beings??

And if Shariah is Divine? What then is the use of Quran? Is it also Divine??? Does Sharaiah then stand as challeneger of Quran??


Obfuscators hope to employ circular logic and to confuse readers as to the true origins of Shariah -- Shariah is 100% human. It is the product of entirely human, mortal persons, who as kindness and guidance have sought to develop laws with which to regulate human societies in accord to their understanding of Scriptures.

Now not all understand the scriptures in the same way -- why is this so?

This is so because of the nature of knowledge. It is first of all and most importantly, evolving and rises from the knowlwdge of the past, the fact that it is evolving means that it is rising from the past and changing.

Do "divine rules" change? Can they??? Can they be Divine and still change???

The answer is obvious, it is human knowledge that evolves and changes and all knowledge is of this character.

Can there be divine knowledge?? We obviously cannot know what we do not know. Can mortal human persons even imagine to possess much less use "dinvine rules"???????????

Many so called scholars do not so much answer what is Ijtihad, rather they put chains around it and suggest that we define it by what it is not.
 
.


readers will notice "divine rules" -- doe sthe author imagine that readers are some sort "divinity" to whom such rules will apply - do rules actually apply to divinities?? Can rules be "divine"???????????? After all, if Shariah is for human beings, do "divine rules" apply to human beings??

And if Shariah is Divine? What then is the use of Quran? Is it also Divine??? Does Sharaiah then stand as challeneger of Quran??


Obfuscators hope to employ circular logic and to confuse readers as to the true origins of Shariah -- Shariah is 100% human. It is the product of entirely human, mortal persons, who as kindness and guidance have sought to develop laws with which to regulate human societies in accord to their understanding of Scriptures.

Now not all understand the scriptures in the same way -- why is this so?

This is so because of the nature of knowledge. It is first of all and most importantly, evolving and rises from the knowlwdge of the past, the fact that it is evolving means that it is rising from the past and changing.

Do "divine rules" change? Can they??? Can they be Divine and still change???

The answer is obvious, it is human knowledge that evolves and changes and all knowledge is of this character.

Can there be divine knowledge?? We obviously cannot know what we do not know. Can mortal human persons even imagine to possess much less use "dinvine rules"???????????

Many so called scholars do not so much answer what is Ijtihad, rather they put chains around it and suggest that we define it by what it is not.

shariah base on quran and sunnah of prophet(SAW) and every muslim believe not a single act of prophet was against quran,and quran is not a human creation,today if buy a simple dvd player, we recieve in pakage a guide booklet from manufecturer for best use of his product then why not allah the creator of every thing not give guidence to his best creation,any thing go against basic principles of shariah is bidah not ijtihad
 
Shari'ah (Islamic Law)

"The rule is to none but Allah."(TM.Qur'an. Ana'am:57).
"If anyone rules by other than what Allah has revealed they are kafireen (unbelievers)." (TM.Qur'an. Maida 5:47).


--------------------------------------------------------------------------------
Shari'ah is the code of law for the Islamic way of life which Allah swt has revealed for mankind and commanded us to follow.
The word Shari'ah means a clear straight path or example.

Shari'ah, or Islamic law, is the code of conduct for Muslims and is based on two main sources: The Qur'an and the Sunnah of the Prophet. It aims towards the success and welfare of mankind both in this life and the life after death.

Shari'ah prescribes a complete set of laws for the guidance of mankind so that Good (Ma'ruf) may triumph and Evil (Munkar) disappears from society. It provides a clear and straight path which leads to progress and fulfillment in life and the attainment of Allah's pleasure.

The Qur'an is the main basis of Shari'ah. It states the principles while the sunnah of the Prophet provides the details of their application. For example, the Qur'an says: establish salah, observe sawm, pay zakah, take decisions by consultation, do not earn or spend in wrong ways- but it does not describe how to do these things. It is the sunnah of the Prophet which gives us the details.

The Qur'an is the main book of guidance and the Prophet taught how to follow it. The Prophet not only told us how to follow the guidance, he also practiced it himself.

Shari'ah has rules for every aspect of life. It is complete and perfect, and guarantees us success, welfare and peace in this life on earth and in the life after death.

Man-made laws differ from Shari'ah in a number of significant ways.

Man-made law
1. Men make laws when they feel the need; these laws start from a few and then grow in number over the years.

2. Man-made laws are not permanent; they can be changed according to the time and circumstances. For example, in a particular country at a particular time, drinking alcohol may be banned; but this can change when public pressure grows. The American Government once banned alcoholic drink but removed the ban after a time because it could not be applied.

3. Man does not have knowledge of the future. Hence, manmade laws cannot stand the test of time.

4. Man is a created being. His laws are the creation of the created.

5. Man-made laws may be suitable for a particular nation or country. They cannot be universal.

6. Men make laws to suit their own needs. Suppose members of parliament want to decrease the rate of tax on rich, they would do so, even if the majority of the people suffered and there was high unemployment in the country.

Shari'ah or The Creator, Allah's law.
1. Islamic Law is complete and perfect and covers all aspects of human life.

2. Shari'ah is permanent for all people all the time. It does not change with time and conditions. For example, drinking alcohol and gambling are not allowed under Islamic law. No-one can change this; it is a law that is valid for all time and for all places.

3. Allah is All-knowing and All-powerful; He is the most Wise and His laws are the best and are complete.

4. Allah swt is the Creator and His laws are for men, His creation.

5. Allah's laws are for all nations, all countries and for all time. They are universal.

6. Allah is above all needs. He is not dependent on anything, so His laws are for the good of all people and not for a few, selfish people.



Shari'ah has two other sources: Ijma' (consensus) and Qiyas (analogy or reasoning on the basis of similar circumstances). These sources must still be based on the Qur'an and the Sunnah.

Ijma', or consensus, applies to a situation where no clear conclusion can be made from the Qur'an and the Sunnah. In this situation the representatives of the people who are well-versed in the Qur'an and the Sunnah will sit together and work out an agreed formula to solve the particular problem. Ijma' developed during the period of the Al- Khulafa'ur-rashidun.

Qiyas means a reference or analogy or a comparison of one thing with a similar one. It is applied in circumstances where guidance from the Qur'an and Sunnah is not directly available. A solution to a problem is reached by a process of deduction from a comparison with similar situations in the past.
 
Women use Koran to demand equal rights
By Sabrina Tavernise

Monday, February 16, 2009
KUALA LUMPUR: The religious order banning women from dressing like tomboys was bad enough. But the fatwa by this country's leading clerics against yoga was the last straw.

"They have never even done yoga," said Zainah Anwar, a founder of a Malaysian women's rights group called Sisters in Islam.

Anwar argues that the edict, issued late last year by the National Fatwa Council of Malaysia, is pure patriarchy. Islam, she says, is only a cover.

It was frustrations like those that drew several hundred Muslim women to a conference in this Muslim-majority country over the weekend. Their mission was to come up with ways to demand equal rights for women. And their tools, however unlikely, were the tenets of Islam itself.

"Secular feminism has fulfilled its historical role, but it has nothing more to give us," said Ziba Mir-Hosseini, an Iranian anthropologist who has been helping to formulate some of the arguments. "The challenge we face now is theological."

The advocates came from 47 countries to participate in the project, called Musawah, the Arabic word for equality. They spent the weekend brainstorming and learning the best Islamic arguments to take back to their own societies as defenses against clerics who insist that women's lives are dictated by men's strict interpretations of Islam.

"We are trying to develop a new language, offer it to the world and use it,"
said Marwa Sharafeldin, an activist from Egypt.

Anwar, the main organizer, said her group was almost alone when she started it 20 years ago, but now it is one of many. "It's a movement whose time has come."

The repression comes not from the Koran, the women argue, but from the human interpretation of it, in the form of Islamic law, which has ossified over the centuries while their globalized lives have galloped ahead. So they are going back to the original text, arguing that its emphasis on justice makes the case for equality.

"Feminist Islamic scholarship is trying to unearth the facts that were there," Mir-Hosseini told a room of eager activists Sunday. "We can't be afraid to look at legal tradition critically."


She referred to the work of Muslim intellectuals, like Nasr Abu Zayd of Egypt and Abdolkarim Soroush of Iran, reformers who argue that the Koran must be read in a historical context, and that laws derived from it can change with the times. Their ideas are controversial, and both are in exile in the West.

Mir-Hosseini argues that Muslim societies are trapped in a battle between two visions of Islam: one legalistic and absolutist that emphasizes the past; the other pluralistic and more inclined toward democracy. She said that in Iran reformers were gaining ground, but that former President George W. Bush's antagonism toward the country ended up strengthening hard-liners there.

"It's really a struggle between two world views," Mir-Hosseini said, adding that time was on the side of the women.


It was the rise of political Islam that brought the women together.

As Malaysia's progressive family laws began to be rolled back in the late 1980s, Anwar and several other women formed a Koran reading group.

"There is an understanding that mullahs know best, that you cannot speak," Anwar said. "Muslim women's groups are coming out to challenge that authority."

Some scholars argued that the effort sounded unrealistic and would have no impact, mainly because it appeared to ignore more than a thousand years of Islamic legal scholarship and practice. Religious authorities are the only ones with the power to interpret laws, and circumventing that well-entrenched system would require replacing it altogether.

"This kind of argument is being made at the margins of the Islamic world," said Bernard Haykel, an expert on Islamic law at Princeton University. "It has shape and form but no substantive content. There's no real way of actually bringing about these changes."

But others made the case that change, though incremental, was happening at the grass-roots level in a number of Muslim societies
.

Isobel Coleman, a senior fellow at the Council on Foreign Relations, who attended the conference, argues that these women's movements are making progress, as girls' education levels increase and the Western world is a click away on satellite television. Women are even taking positions in religious institutions, she said: A woman has headed the Shariah College at Qatar University.

"It's a slow shift," said Coleman, whose book on the topic, "Paradise Beneath Her Feet: Women and Reform in the Middle East," is to be published by Random House in 2010. "It's just beginning to come together as a movement."

There have been some successes. In Morocco, sweeping changes of family law in favor of women went into effect in 2004. Critics argued that it was possible only because the country's king approved it, but Moroccan activists said it never would have happened if they had not spent years lobbying and formulating legal arguments, some of them based on Islamic tenets.

That has had ripple effects.

Elaheh Koolaee, a professor from the University of Tehran who formerly served in the Iranian Parliament, said that Iranian women had been watching the Moroccan example and that a Muslim success was an invaluable tool. "It's important for us to show positive experiences from within Muslim societies that are not from the U.S. or Europe," she said.

Mir-Hosseini said she believed that change was coming and that it was just a matter of when.

"There's so much tension and energy there now," she said. "It will be a flood."
 
Why should she give them back? I don't understand this. Where could they have got this from? Is this another example of erronous ijtihad by the semi qualified?

p.s. i don't disagree with the other points raised though.

Although the hajj without mehram issue is a religious one, and a majority of islamic scholarly opinon, for various reasons (including security) prohibits the hajj of a lone woman.

If I am not wrong, and may Allah forgive me if I am , in Surah e Nisa, it is clearly written that if you have given your wife even a load of gold, on divorce do not ask for it to be returned.
I think the off shoot to this is based on your intention. If the item in question was given as a gift, it must belong to the wife. However, if you gave her an item to keep it safe with her, even if it is money of gold, you can ask for it to be returned. Or atleast this is my limited understanding on the subject. The crux is in clear discrimination between a gift and an Amaana.
On a side note, guys I must congratulate you on this excellant discussion . I need some time to digest all the information given but I have to say I have learnt a lot from what little I have read.
WaSalam
Araz
 
Islam, Virgins and Grapes

By NICHOLAS D. KRISTOF
Published: April 22, 2009

In Afghanistan, 300 brave women marched to demand a measure of equal rights, defying a furious mob of about 1,000 people who spat, threw stones and called the women “whores.” The marchers asserted that a woman should not need her husband’s consent to go to school or work outside the home.

In Pakistan, the Taliban flogged a teenage girl in front of a crowd, as two men held her face down in the dirt. A video shows the girl, whose “crime” may have been to go out of her house alone, crying piteously that she will never break the rules again.

Muslim fundamentalists damage Islam far more than any number of Danish cartoonists ever could, for it’s inevitably the extremists who capture the world’s attention. But there is the beginning of an intellectual reform movement in the Islamic world, and one window into this awakening was an international conference this week at the University of Notre Dame on the latest scholarship about the Koran.

“We’re experiencing right now in Koranic studies a rise of interest analogous to the rise of critical Bible studies in the 19th century,” said Gabriel Said Reynolds, a Notre Dame professor and organizer of the conference.

The Notre Dame conference probably could not have occurred in a Muslim country, for the rigorous application of historical analysis to the Koran is as controversial today in the Muslim world as its application to the Bible was in the 1800s
. For some literal-minded Christians, it was traumatic to discover that the ending of the Gospel of Mark, describing encounters with the resurrected Jesus, is stylistically different from the rest of Mark and is widely regarded by scholars as a later addition.

Likewise, Biblical scholars distressed the faithful by focusing on inconsistencies among the gospels. The Gospel of Matthew says that Judas hanged himself, while Acts describes him falling down in a field and dying; the Gospel of John disagrees with other gospels about whether the crucifixion occurred on Passover or the day before. For those who considered every word of the Bible literally God’s word, this kind of scholarship felt sacrilegious.

Now those same discomfiting analytical tools are being applied to the Koran. At Notre Dame, scholars analyzed ancient texts of the Koran that show signs of writing that was erased and rewritten. Other scholars challenged traditional interpretations of the Koran such as the notion that some other person (perhaps Judas or Peter) was transformed to look like Jesus and crucified in his place, while Jesus himself escaped to heaven.

One scholar at the Notre Dame conference, who uses the pseudonym Christoph Luxenberg for safety, has raised eyebrows and hackles by suggesting that the “houri” promised to martyrs when they reach Heaven doesn’t actually mean “virgin” after all. He argues that instead it means “grapes,” and since conceptions of paradise involved bounteous fruit, that might make sense. But suicide bombers presumably would be in for a disappointment if they reached the pearly gates and were presented 72 grapes
.

One of the scholars at the Notre Dame conference whom I particularly admire is Nasr Hamid Abu Zayd, an Egyptian Muslim who argues eloquently that if the Koran is interpreted sensibly in context then it carries a strong message of social justice and women’s rights.

Dr. Abu Zayd’s own career underscores the challenges that scholars face in the Muslim world. When he declared that keeping slave girls and taxing non-Muslims were contrary to Islam, he infuriated conservative judges. An Egyptian court declared that he couldn’t be a real Muslim and thus divorced him from his wife (who, as a Muslim woman, was not eligible to be married to a non-Muslim). The couple fled to Europe, and Dr. Abu Zayd is helping the LibForAll Foundation, which promotes moderate interpretations throughout the Islamic world.

“The Islamic reformation started as early as the 19th century,” notes Dr. Abu Zayd, and, of course, it has even earlier roots as well. One important school of Koranic scholarship, Mutazilism, held 1,000 years ago that the Koran need not be interpreted literally, and even today Iranian scholars are surprisingly open to critical scholarship and interpretations.

If the Islamic world is going to enjoy a revival, if fundamentalists are to be tamed, if women are to be employed more productively, then moderate interpretations of the Koran will have to gain ascendancy. There are signs of that, including a brand of “feminist Islam” that cites verses and traditions suggesting that the Prophet Muhammad favored women’s rights.


Professor Reynolds says that Muslim scholars have asked that conference papers be translated into Arabic so that they can get a broader hearing. If the great intellectual fires are reawakening within Islam, after centuries of torpor, then that will be the best weapon yet against extremism.


:pakistan::pakistan:
 
Are there any Islamic schools in Pakistan that would allow a professor to engage in Koranic studies of the type discussed at this Conference? Are there any Pakistani scholars known for studying the Koran as a historical document? From what I have read about this in the past, it is extremely dangerous for a scholar to attempt. The wrath of the Islamists is especially intense against such "apostates".
 
Not to the best of my knowledge - Mr. Ghamdi is the closest thing but after he was shot, he is or at least seems a lot less passionate.

I had the opportunity to bring a world renouned scholar to Pakistan and I was consumed by how I was going to keep him alive.

Truth seeker, Pakistan is a intellectual and moral backwater, because that's what it is, but more so because most Pakistanis are ignorant, they think God is a arab and arabic the language of God, so the whole project of seeing that any text has meaning only in CONTEXT, escapes them. How can anyone not understand that text cannot have meaning out of context.
 
Ideals and role models for women in Qur'an, Hadith and Sirah
Courtesy of Islamic.Org
Exhibitions portray ideals: all that is best in a person's work, a society, a period of artistic endeavour and so on. A talk at an exhibition should do the same, so I shall begin by putting forward the ideals of Islam concerning women, and their role models. I shall show how these ideals are set forth in the Qur'an, which Muslims consider to be the revealed word of God - Allah - in the Arabic language, and also refer to the Hadith and Sunnah, the reports of the sayings and the model practice of the Prophet Muhammad*. These two sources make up the basis for the Islamic law, Shari'ah, the body of legislation and moral guidance constructed by the Muslim scholars. Although the Qur'an is taken as unchallengeable, each Hadith is open to well-founded scholarly question as to its authenticity; and the interpretations given to the Qur'an and Hadith, which frequently result in differences of opinion, are open to still further questioning. The many different opinions expressed by the scholars give latitude to Muslims to choose between them to find acceptable guidelines. The Islamic law is not as monolithic and unchangeable as it might appear, although it does have a base of absolutes on which to stand.
This preamble is important with regard to women in Islam, because it has often been observed by Muslim scholars that the Islamic family law as practised in some Muslim countries bears little resemblance to the liberating and sympathetic treatment of women pioneered by the Prophet Muhammad himself (pbuh). Even Mawdudi, considered by some to be among the most conservative of modern Islamic revivalist commentators, Abul A'la Mawdudi, has criticisms to make of the why Indian Muslim law has been practised1. So it is important to distinguish between current, or even past practice, and the spirit of the law - the ideals as laid down by Allah in the Qur'an and exemplified by the Prophet Muhammad*. Most modern writers on Women in Islam are agreed that it is vital to go back to these original sources and reinterpret them in the context of the societies in which we all live now in order to clear up corruptions which have been incorporated into the laws, both from indigenous cultural sources and European colonialist efforts to, as they thought, `reform' the Shari'ah. So it is to these original sources, the Qur'an and Hadith, that I shall mainly refer.




The Qur'an has much to say both ABOUT women, and TO women. One Surah is called `Women', another is named after Maryam the mother of Jesus (pbuh). Women appear in many other parts. In stories of the prophets we have
- Hawwa (Eve) the wife of Adam, no longer the temptress who leads Adam to sin but a partner jointly responsible with him and jointly forgiven by Allah soon afterwards.

- There is the wife of Nuh (Noah) (pbuh) who betrays her husband and is held up along with the wife of Lot as an example of a disbeliever (66:10-11).

- There is the wife of Ibrahim, who laughs at the news the angel brings, of the baby she is to have in her old age;

- the wife of Pharaoh, who saves the infant Musa (Moses) (pbuh) and, along with Maryam, mother of Jesus, is one of the two female examples of the good believer held up in Surah 66:10 & 11.

- The wife of Aziz, who tried to seduce Yusuf (Joseph), is nevertheless treated with some sympathy, when she shows her friends how handsome he is and they all cut themselves with their knives because they are distracted by his beauty;

and there are more women besides.



It is noteworthy that the four women I have mentioned as examples are presented to both male and female Muslims to show how it is possible to be true believers in difficult circumstances, and disbelievers in favourable circumstances.

- The two good examples believed in spite of the attitudes of those close to them, Pharaoh's wife saving Moses from her husband's wicked command to kill all the Hebrew firstborn sons, and Maryam confronting accusations of immorality when she brought home her baby after the virgin birth.

- The two bad ones disbelieved in spite of being married to prophets of Allah. In neither case do these examples show the traditional picture of the `submissive' woman.




--------------------------------------------------------------------------------

Then there are the contemporary women of the Prophet's household, his wives and daughters. One of his wives, Umm Salamah, complained to him that the Qur'an was addressed only to men, and then a long passage was revealed to the Prophet* addressed clearly to men and women in every line, which states clearly the equal responsibilities and rewards for Muslim men and women.
For Muslim men and women - for believing men and women, for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in charity, for men and women who fast (and deny themselves), for men and women who guard their chastity, and for men and women who engage much in God's praise - for them has God prepared forgiveness and great reward.
(Qur'an 33:35)
Aishah, his youngest wife, caused a scandal when she went out into the desert to look for a necklace she had lost there and got left behind by the caravan. She was rescued by a young man and came back with him and rumours spread that she had been dallying with him. This caused great pain to her and to the Prophet and it was a long time before they were relieved by another revelation (24:4), demanding that people making such accusations against chaste women must produce four eye witnesses to the act or suffer a flogging themselves and have their evidence rejected ever after.




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There are passages specifically addressed to the wives of the Prophet as a group. For example:
O Consorts of the Prophet! Ye are not like any of the (other) women. If ye do fear (Allah) be not too complaisant of speech, lest one in whose heart is a disease should be moved with desire, but speak ye a speech (that is) just.
And stay quietly in your houses, and make not a dazzling display, like those of the former times of ignorance, and establish regular prayer, and give zakat (welfare due) and obey Allah and His Messenger. And Allah only wishes to remove all abomination from you, ye members of the family, and to make you pure and spotless.

And recite what is rehearsed to you in your houses of the Signs of Allah and His Wisdom, for Allah is All-Subtle, All-Aware.

Qur'an 33:32-34
Other passages are addressed via the Prophet to his wives, daughters and the women of the believers.




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Still others were revealed in answer to questions from ordinary women, like the one concerning the practice of divorce by abstinence within the marriage (zihar). A woman complained to the Prophet about this practice, which left the woman with no sexual satisfaction, but still not free to marry another husband and a verse was revealed condemning this practice.
Allah has indeed heard (and accepted) the statement of the woman who pleads with thee concerning her husband and carries her complaint (in prayer) to Allah...
Qur'an 58:1
Another passage was revealed in answer to a woman's complaint about the way her husband wanted to have intercourse with her (2:223).

So the Qur'an is a book which has a lot to say TO women and ABOUT women. What does it say? We have already seen that it does not condemn all women in the image of Eve as Christianity has been known to do; that it is often on the side of women who complain about injustice, in marriage, divorce and in false accusation. How does it view the creation of woman? Is she just a part of Adam and an afterthought? This is what it says, in the first ayah (verse) of Surat an-Nisa - The Women:

O Mankind, be conscious of your duty to your Lord Who created you from a single soul, and from it created its mate (of the same kind) and from them twain has spread a multitude of men and women.
Qur'an 4:1


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`A single soul' is neither male nor female, although it could be understood to mean Adam it is not necessarily so. In fact `soul' is feminine and `mate' is masculine! Not that I'm suggesting that women came first, because in other parts of the Qur'an the creation of Adam is described. But the gender relationship here is ambivalent. And the mate was created from the `soul' not the humble `rib'. No Muslim scholar could ever argue, after reading this, as some Christians have done, that women do not have a soul! They are made of the same soul as men. Their capacity for good and evil is identical with that of men. In 49:13, of the Qur'an we find that it is good deeds and awareness of Allah which make the believer, male or female, noble in the sight of Allah:
Indeed the noblest of you in the sight of Allah is the most pious.
and in 40:40:
Whoever does right, whether male or female, (all) such will enter the garden
The works of male and female are of equal value and each will receive the due reward for what they do:
Never will I suffer to be lost the work of any one of you, male or female...
Qur'an 3:195
Whoever works righteousness, man or woman, and has faith, verily to him will We give a new life that is good and pure, and We will bestow on such their reward according to their actions.
Qur'an 16:97
The same duties are incumbent on men and women as regards their faith:

For Muslim men and women - for believing men and women, for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in charity, for men and women who fast (and deny themselves), for men and women who guard their chastity, and for men and women who engage much in God's praise - for them has God prepared forgiveness and great reward.
(Qur'an 33:35)


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There are a few exceptions: women are given exemption from some duties,
- Fasting when they are pregnant or nursing or menstruating,

- Praying when menstruating or bleeding after childbirth, and

- The obligation to attend congregational prayers in the mosque on Fridays.

- They are not obliged to take part as soldiers in the defence of Islam, although they are not forbidden to do so.

But under normal circumstances they are allowed to do all the things that men do.

- Even when they are menstruating, on special days, like the two Id festivals, they are still allowed to come to the Id prayers, and menstruating women can take part in most of the actions of the Hajj pilgrimage.

But are women's duties in social life different and complementary as most scholars assert? Is their sole function to keep house and bear and rear children while the men do everything else? Does the fact that they suffer disruption to their health when they menstruate make them unsuitable for any job outside the house, and fit only to maintain a happy and peaceful home, as Mawdudi would have us believe? This is an argument that is grossly exaggerated by male scholars everywhere to justify all kinds of discrimination against women. Mawdudi would have us believe that women scarcely enjoy a few days' sanity in their lives, so disruptive are the effects of menstruation and childbearing. No doubt there is some truth in his description of such disruption, and allowances should be made by men, and other women for this, but this does not disqualify women from any task that men can do any more than it disqualifies them from creating happy and well-run homes.

Nor is there any basis in the Qur'an or hadith for such an attitude. The Qur'an mentions menstruation in 2:222:

They ask thee concerning women's courses. Say: `They are a hurt and a pollution, so keep away from women in their courses, and do not approach them until they are clean. But when they have purified themselves, ye may approach them as ordained for you by Allah.'
According to the interpreters of Islamic law, this means only that sexual intercourse is not allowed at such times, but any other form of intimacy is still permissible. To put it briefly, menstruation may be messy and painful but it is not a major disability.


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Islamic law makes no demand that women should confine themselves to household duties. In fact the early Muslim women were found in all walks of life. The first wife of the Prophet, mother of all his surviving children, was a businesswoman who hired him as an employee, and proposed marriage to him through a third party; women traded in the marketplace, and the Khalifah Umar, not normally noted for his liberal attitude to women, appointed a woman, Shaff'a Bint Abdullah, to supervise the market. Other women, like Laila al-Ghifariah, took part in battles, carrying water and nursing the wounded, some, like Suffiah bint Abdul Muttalib even fought and killed the enemies to protect themselves and the Prophet* and like Umm Dhahhak bint Masoud were rewarded with booty in the same way as the men. Ibn Jarir and al-Tabari siad that women can be appointed to a judicial position to adjudicate in all matters, although Abu Hanifah excluded them from such weighty decisions as those involving the heavy hadd and qisas punishments, and other jurists said that women could not be judges at all. The Qur'an even speaks favourably of the Queen of Sheba and the way she consulted her advisors, who deferred to her good judgement on how to deal with the threat of invasion by the armies of Solomon. (Qur'an 27:32-35):
She (the Queen of Sheba) said, `O chiefs, advise me respecting my affair; I never decide an affair until you are in my presence.' They said, `We are possessors osf strength and possessors of mighty prowess, and the command is thine, so consider what thou wilt command.' She said, `Surely the kings, when they enter a town, ruin it and make the noblest of its people to be low, and thus they do. And surely I am going to send them a present, and to see what (answer) the messengers bring back.'
Women have sometimes headed Islamic provinces, like Arwa bint Ahmad, who served as governor of Yemen under the Fatimid Khalifahs in the late fifth and early sixth century.
A much vaunted hadith that the Prophet said, `A people who entrust power to a woman will never prosper', has been shown to be extremely unreliable on several counts. It is an isolated and uncorroborated one, and therefore not binding in Islamic law, and in addition there is reason to believe it may have been forged in the context of the battle which Aishah the Prophet's widow led against the fourth Khalifah Ali. In view of the examples set by women rulers in history, it is also clearly untenable and false.




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To sum up, the qualifications of women for work of all kinds are not in doubt, despite some spurious ahadith to the contrary. Women can do work like men, but they DO NOT HAVE to do it to earn a living. They are allowed and encouraged to take the duties of marriage and motherhood seriously and are provided with the means to stay at home and do it properly.
The Muslim woman has always had the right to own and manage her own property, a right that women in this country only attained in the last 100 years. Marriage in Islam does not mean that the man takes over the woman's property, nor does she automatically have the right to all his property if he dies intestate. Both are still regarded as individual people with responsibilities to other members of their family - parents, brothers, sisters etc. and inheritance rights illustrate this.

The husband has the duty to support and maintain the wife, as stated in the Qur'an, and this is held to be so even if she is rich in her own right. He has no right to expect her to support herself, let alone support his children or him. If she does contribute to the household income this is regarded as a charitable deed on her part.

Because of their greater financial responsibilities, some categories of male relations, according to the inheritance laws in the Qur'an, inherit twice the share of their female equivalents, but others, whose responsibilities are likely to be less, inherit the same share -mothers and fathers, for instance are each entitled to one sixth of the estate of their children, after bequests (up to one third of the estate) and payment of debts. (Qur'an 4:11):

For parents a sixth share of the inheritance to each if the deceased left children;
If no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth...

Women are thus well provided for: their husbands support them, and they inherit from all their relations. They are allowed to engage in business or work at home or outside the house, so long as the family does not suffer, and the money they make is their own, with no calls on it from other people until their death.


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Nor are women expected to do the housework. If they have not been used to doing it, the husband is obliged to provide domestic help within his means, and to make sure that the food gets to his wife and children, already cooked. The Prophet* himself used to help with the domestic work, and mended his own shoes.Women are not even obliged in all cases to suckle their own children. If a divorcing couple mutually agree, they can send the baby to a wet-nurse and the husband must pay for the suckling. If the mother decides to keep the baby and suckle it herself, he must pay her for her trouble!
This is laid down in the Qur'an itself, (2:233):

The mothers shall give suck to their offspring for two whole years, if the father desires to complete the term, but he shall bear the cost of their food and clothing on equitable terms...If they both decide on weaning, by mutual consent, and after due consultation, there is no blame on them. If ye decide on a foster-mother for your offspring, there is no blame on you, provided ye pay what ye offered on equitable terms ...
What basis does all this leave for the male attitude that women are only fit for maternal and household duties?


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Nevertheless the womanly state in marriage is given full respect in Islam, and so are the rights of children. No Muslim woman could feel ashamed to say she was only a housewife. She is the head of her household, although the husband has the final say in major decisions. According to a hadith:
The ruler is a shepherd and is responsible for his subjects, a husband is a shepherd and is responsible for his family, a wife is a shepherd and is responsible for her household, and a servant is a shepherd who is responsible for his master's property.
Hadith: Bukhari
The wife must defer to her husband in respect for the fact that he maintains and protects her out of his means (Qur'an 4:34), but not if he tries to make her break the laws of Allah. Likewise children's obedience and respect for parents goes only to the limits set by Allah. If the parents try to make them disobey Allah, then it is their duty to disobey the parents. If the husband wilfully fails to maintain his wife, she has the right to divorce him in court.

Women are also entitled to respect as mothers: Allah says in the Qur'an (31:14):

And we have enjoined on man (to be good to his parents: in travail upon travail did his mother bear him...
The Prophet* said:
Paradise lies at the feet of mothers...
and in another hadith the Prophet* told a man that his mother above all other people, even his father, was worthy of his highest respect and compassion.


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In cases of divorce, the mother has first claim to custody of the young children, followed by other female members of her family, if she remarries or is unable to look after the children. The right reverts to the husband's family only after the children reach an age of greater independence, which varies according to the school of law, and then the wishes of the child must be taken into consideration, if the example of the Prophet* is to be followed. In a disputed case, he asked the child:
This is your father and this is your mother, so take whichever of them you wish by the hand.
Hadith: Abu Dawud, Nasa'i, Darimi
The boy went to his mother.

In another case a woman approached the Prophet telling him that her husband had embraced Islam while she had refused to do so, adding that her daughter was being deprived of mother's milk as her father was taking her away. The Prophet made the child sit between mother and father and said both of them should call her. The child would go to whoever she chose. The child responded to the mother. The Prophet prayed to Allah to guide the child and the child then chose the father, and hence Rafi (the father) took the child (Hadith: Abu Dawud)3

Yet in this country it is still a novelty to give the child such rights.




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Although the Islamic marriage contract is a civil agreement between the two parties, not a sacrament like the Christian one, it is not just a relationship of material convenience. The words used to describe marriage in the Qur'an are poetic and beautiful:
And among His signs is this: that He created for you mates from among yourselves, that ye may dwell in tranquillity with them, and He has put love and mercy between your hearts, verily in that are Signs for those who reflect.

Qur'an 30:21

They are your garments and ye are their garments
Qur'an 2:187
Love, mercy, intimacy and mutual protection and modesty are the qualities expected of an Islamic marriage. Even in Paradise marriage remains as one of the great joys:

Verily the Companions of the Garden shall that day have joy in all that they do; they and their spouses will be in groves of (cool) shade reclining on thrones of (dignity); fruit will be there for them, they shall have whatever they call for; `Peace', a word (of salutation) from a Lord Most Merciful.
Qur'an 36:55-57


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Husbands are expected to treat their wives kindly during marriage and even during and after divorce. Allah says in the Qur'an:
... Live with them on a footing of kindness and equity. If ye take a dislike to them, it may be that ye dislike a thing, and Allah brings about through it a great deal of good.
Qur'an 4:19
The Prophet* said:

The most perfect believers are the best in conduct and the best of you are those who are best to their wives.
(Hadith: Ibn Hanbal)
Married couples are urged in the Qur'an to deal with one another in a spirit of mutual consultation and agreement, even when contemplating divorce and the custody of children:

... If they both decide on weaning, by mutual consent, and after due consultation, there is no blame on them ...
Qur'an 2:233
How much more so, then, should this spirit predominate in the happy marriage!

Marriage is also intended by Allah to be fruitful. In the Qur'an He tells us:

... He has made for you pairs from among yourselves, and pairs among cattle; by this means does he multiply you...
Qur'an 42:11
Your wives are as a tilth for you ...
Qur'an 2:223


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Yet contraception has never been forbidden in Islam, as the Prophet* gave permission for the withdrawal method, so long as the wife agrees. By analogy other methods of preventing conception are also allowed.
The practical aspects of marriage are covered by the marriage contract, in which the wife can specify conditions, and many Muslim women have taken advantage of this to take to themselves the right of divorce if, for example, the husband takes another wife (CARDS on Polygamy). It must include a marriage gift - sadaqah or mahr - to the wife from the husband, of an amount and nature agreed between them.

Usually, according to custom and convenience - a practice later endorsed in the Shari'ah - a young inexperienced woman would be represented in the negotiations by a `marriage guardian' or wal_ who is there to see that her interests are served. This wal_ should be her father or grandfather, but it is possible for some older or more experienced women to appoint any person of their choice to act for them. When the Prophet* married the widow, Umm Salamah, her son acted as her wal_, and the Prophet* asked his permission to marry her. (Ibn Rushd) The wishes of close relations, in particular parents, must be taken into consideration, and their permission must be asked. According to some ahadith it is better to break off a marriage which displeases one's parents, as they are the gateway to Paradise.

Parents have a responsibility to help their children find spouses,

Umar Ibn al-Khattab and Anas reported God's Messenger* as saying that it is written in the Torah, `If anyone does not give his daughter in marriage when she reaches 12 and she commits sin, the guilt of that rests on him.'
Hadith: Baihaqi
and

Abu Sa'id and Ibn Abbas reported God's Messenger* as saying: `He who has a son born to him should give him a good name and a good education and marry him when he reaches puberty. If he does not marry him when he reaches puberty and he commits sin, its guilt rests only upon his father.
Hadith: Baihaqi


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But parents have no right to force young women to marry against their will after they have reached marriagable age. There is much evidence in the hadith to show that forced marriages are not legal and the wife has the right to have them annulled:
Ibn Abbas reported that a girl came to the Messenger of Allah, Muhammad* and she reported that her father had forced her to marry without her consent. The Messenger of Allah* gave her the choice ... (between accepting the marriage and invalidating it).
Hadith: Ibn Hanbal
In another version the girl said,

`Actually, I accept this marriage but I wanted to let women know that parents have no right (to force a husband on them).
Hadith: Ibn Majah


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The Prophet* also advised that couples should see one another before getting married, so there is no Islamic basis for the custom of marrying young couples who have never set eyes on one another. If a woman does find that she cannot bear the man she is married to, even because she finds him ugly, Islamic law makes it possible for a court to give her a divorce from him. It is only necessary to prove that she hates him irrevocably - the court does not need to probe into the reasons for the hatred. The Prophet* granted divorces to at least two women in such circumstances. One of them, Jamila, the sister of the hypocrite Abdullah Ibn Ubayy, told the Prophet* about her objection to her husband Thabit Ibn Qais:
Messenger of Allah! Nothing can keep the two of us together. As I lifted my veil, I saw him coming, accompanied by some men. I could see that he was the blackest, the shortest and the ugliest of them all. By Allah! I do not dislike him for any blemish in his faith or his morals, it is his ugliness that I dislike. Had the fear of Allah not stood in my way, I must have spat on him when he came to me. ... I am afraid my desperation might drive my Islam closer to disbelief.

The Prophet asked her if she would return the garden Thabit had given her, and she agreed to do this and was given a divorce.4 Thabit did not do any better with his other wife, Habibah. And there are also examples of similar cases from the times of the first three khalifahs.




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Ideally speaking, women in Islam are treated like queens, indeed they are better protected than our British royal family is now! Not only are they are allowed to divorce their husbands, rather than live apart and unable to remarry, like Princess Diana, but they are also protected from scandal-mongers.
No-one is allowed, without permission, to invade their privacy in their houses (24:27-28) not even their husbands when they return from a long journey.

Men are not allowed to treat them with disrespect, to look at them more than once, or to touch them -even, some hadiths seem to show, to shake their hands - and if anyone spreads rumours about their chastity without the support of four eye witnesses to the act itself, they themselves are liable to punishment in this life and the hereafter (24:23)!

To make this demand for respect abundantly clear to the men, the wives of the Prophet are asked in the Qur'an to be modest in their appearance, and behaviour, to stay quietly in their houses and not make a great display of themselves as some well-known people were (and still are) prone to do; not to speak too pleasantly to men for fear of `those in whose hearts is a disease', and to be pious and virtuous and pure.

Ordinary Muslim women too are urged to lower their gaze and wrap themselves closely in their outer garments, letting their head-coverings fall over their neck opening, so that they may be recognised as respectable women and not molested. The Prophet's wives are also reported to have covered part of their faces with their cloaks when they were among strange men. Those who regard veiling as a form of exploitation should ask themselves which is more exploitative of women, the mini skirt or the veil?

Many Muslim women, from the Prophet's wives onwards, have aspired to the same degree of modesty and virtue as these passages enjoin and yet managed to participate actively in society by doing good deeds, working to help support their families, and/or pursuing their education. Women figured prominently among the earliest scholars of Islam. The Prophet's wife Aishah was one of the foremost transmitters of hadiths and, like other wives and Companions of the Prophet was often surrounded by students wanting to learn from her: one of her pupils, Urwah Ibn az-Zubayr said:

I did not see a greater scholar than Aishah in the learning of the Qur'an, obligatory duties, lawful and unlawful matters, poetry and literature, Arab history and genealogy.
Abu Musa al-Ash'ar_ said:
Whenever we Companions of the Prophet* encountered any difficulty in the matter of any hadith we referred it to Aishah and found that she had definite knowledge about it.
Hafiz ibn Hajar said:
... it is said that a quarter of the injunctions of the Shari'ah are narrated from her.
The Prophet* was keen to see that women were educated in Islam as well as the men and ordered the men to pass on what they had learned to their women:
Return home to your wives and children and stay with them. Teach them (what you have learned) and ask them to act upon it.
Hadith: Bukhari (CARD)
Muslim women have the right to have education from their husbands and if not, to go elsewhere to get it. An early Muslim scholar, of the Maliki school of law, named Ibn al-HÆjj, otherwise a strict critic of the over-liberal behaviour of the women in Cairo, wrote:

If a woman demands her right to religious education from her husband and brings the issue before a judge, she is justified in demanding this right because it is her right that either her husband should teach her or allow her to go elsewhere to acquire education. The judge must compel the husband to fulfil her demand in the same way that he would in the matter of her worldly rights, since her rights in matters of religion are most essential and important.
al-Mudhkal
Women can be educated by men. The Prophet sent Umar Ibn al-Khattab to teach the women of the Ansar:

It is reported by Umm `Atiyah thaat when the Messenger of Allah came to Madinah, he ordered the women of the Ansar (Muslims of Madinah) to gather in one house, and sent Umar Ibn al-Khattab to them (to convey the teachings of Islam). He asluted them while standing at athe door of the house and they returned his greeting. Then he said, `I am a messenger of the Messenger of Allah, sent especially to you.'
Hadith: Bukhari


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And women taught men too, not only the wives of the Prophet but many others later were teachers of men, e.g. Aishah bt. Sa'id Ibn Abi Waqqas, who taught the first compiler of Hadith, Malik; and Sayyida Nafisa, granddaughter of al-Hasan, the Prophet's grandson, who taught Imam Shafi'i, and much later a woman taught Ibn al-Arabi, the famous Sufi thinker and greatly influenced his thought.
According to the Prophet*:

It is the duty of every Muslim (male or female) to seek knowledge.
Hadith: Bukhari?


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Women's views were listened to, respected, and usually supported, by the Prophet* as we have seen. Another example is when the Prophet's pilgrimage to Makkah was stopped by the Makkans who made an agreement with him that he and the Muslims could return the following year. He told the people to shave their heads and offer their sacrifices where they were, but they did not obey, so he asked his wife Umm Salamah, and she advised him to lead them by doing so himself. He took her advice, and it worked. His successors, even the rather male chauvinist Khalifah Umar, did their best to follow his example in this. Umar, trying to regulate the exorbitant demands for mahr marriage gifts that women were making had to retreat after a woman stood up and disputed with him, quoting the Qur'an to support her case:
Umar forbade the people from paying excessive dowries and addressed them, saying: `Don't fix dowries for women over 40 ouces. If ever that is exceeded I shall deposit the escess amount in the public treasury.' As he came down from the minbar (platform), a flat-nosed lady stood up from among the women audience and said:
'It is not within your right.' Umar asked: `Why should this not be of my right?' She replied, `Because Allah has proclaimed, "Even if you had given one of them (wives) a whole treasure for dower, take not the least bit back. Would you take it by false claim and manifest sin?' (Qur'an 4:20)

When he heard this, Umar said: `The woman is right, and the man (Umar) is wrong. It seems that all people have deeper wisdom and insight than Umar.' Then he returned to the minbar and said, `O people! I had restricted the giving of more than four hundred dirhams in dower. Whosoever of you wishes to give in dower as much as he likes and finds satisfaction in so doing, may do so.'

Hadith: Ibn al-Jawzi
Umar also used to seek the counsel of Shaffa the market inspector, pay due regard to her and hold her in high esteem. (Ibn Hajar al-Isabah quoted by Hasan Turabi)




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So, to conclude, these are the ideals to which Muslim women can aspire and frequently have done in the past. In a truly Islamic society, they are guaranteed
- personal respect,

- respectable married status,

- legitimacy and maintenance for their children,

- the right to negotiate marriage terms of their choice,

- to refuse any marriage that does not please them,

- the right to obtain divorce from their husbands, even on the grounds that they can't stand them (Mawdudi),

- custody of their children after divorce,

- independent property of their own,

- the right and duty to obtain education,

- the right to work if they need or want it,

- equality of reward for equal deeds,

- the right to participate fully in public life and have their voices heard by those in power,

and much more besides.

What other religion, political theory, or philosophy has offered such a comprehensive package?
 
Some are hell bent on ensuring Quran is seen in the same light as the "Little Red Book" - damn shame, confusing faith with politics.

What Muslim men lack in power and dignity in the real world, they take out on Muslim women, projecting their powerlessness, their indignity, their experience of inhumane. But why live in lies, with commentaries meant for village idiots, why not create more just Muslim societies with the kinds of values which are above all else, humane?

No need to tell lies about Islamic this and Islamic that as if Islam was only to be found as if museum pieces, as if Islam was that which was created by the knowledge of yesterday, by the understanding of yesterday -- All the while Islam is alive, not in the silly ideas of lies as past glories, but in FAITH of all those who love God, by any name, in any geographical location, in any time.

"Ar Rahman ar Raheem" - why must God identify himself as these values more than any other in Quran Karim? Could it be because He wants to be seen in this light more than in any other?? Mercy and Compassion -- Who needs Mercy and Compassion?? WHY?

Whatever the reason, be assured it isn't to fashion utopias in which women are whipped in streets or "respected" such that pedestals in cages of Chula, Chadoor and Chahardivar, are their reservations.


Did somebody say Islam and faith are like Liberty and responsibility?
 
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What other religion, political theory, or philosophy has offered such a comprehensive package?

Answer: The US constitution, as ratified in 1787, and as amended at critical junctures of enlightment and improvement up to the present.

The present US constitution is the most successful political theory or philosophy, including the guarantee of the freedom of religion, yet achieved by mankind.
 
Well, a great thread indeed. A lot of learning, learning, learning. Implimentaion is wanted, were is it?

In my humble opinion, the decline in Islamic civilisation was due to lack of action. Implimentation. Islam is like an applied science, but we have made it merely a theoretical one.

When Iqbal rejects philosophical sufiism, he sees it as opium for a nation because it pormotes procrastination.

Jihad and ijtehad are coherrent terms because both share the same root jahada. Ijtehad is intellectual and rhitorical while jiahd is the force to impliment ijtehad.

Well known are the incidents that when tartars were invading the Islamic cities, Muslim scholars were debating about things like how much angels can accomodate on a needle tip?, is sh**t of a crow Najas enough to contaminate ablution water?

I wonder why the islamic sholars like Iqbal, Dr. Hamidullah, Dr. Hussain Nasar are not qouted. Even Shah Wali Ullah is ignored by us. They are more relevent to the modern world of Islam than the classic scholars. If the door of ijtehad is open then why stick to four Imams, Ibne Taymiah or Ghazali? There many ideas are surely outdated for todays Islamic world.
 
Strategy of censorship
Farish A Noor



“You are not qualified to talk about Islam.” How many times have I heard and read that same line, again and again? And more often than not, the same sentence is uttered or written by precisely the sort of self-trained autodidact whose own knowledge of Islam came from whatever he or she read on the internet or some cassette he bought at the local market.

It has become rather commonplace for conservative Muslims — as well as conservative Christians, Hindus, Buddhists and Jews — to claim monopoly over the discourse of Islam and to try their best to close off the space of public discourse on all matters religious for the sake of protecting the integrity and sanctity of that discourse. Or so we are told.

But one can also argue that such attempts at restricting the participation and contribution of others in a discursive arena that is hotly contested is little more than a conventional and predictable attempt at censorship and the narrowing of the Muslim mind.

A recent case in point is the attempt to once again label the Muslim feminist movement Sisters in Islam of Malaysia as a group of ‘western-educated’ ‘liberal’ feminists who have no right to speak on matters Islamic. And once again we are in a paroxysm of anxiety as to how to deal with such accusations
.

Let us therefore calmly and rationally look into the matter and dissect it piece by piece.

First of all, the claim that someone is ‘not qualified’ to speak about Islam simply because he or she did not go to a religious school is a rather bogus and shallow argument that should be exposed for what it is. The comparison that is often made is thus: only a doctor can speak about medicine as he is trained to speak on medical matters, and only a pilot can speak about flying as he or she is trained in such matters as well; hence it follows that only the learned scholars (ulema) can speak about Islam as they have been trained to do so.

Now allow me to interject at this point: if I were to go to my doctor and complain to her of a headache, and she attempts to cure my headache by cracking my skull open with a hammer, I do reserve the right to object and to tell her that she is not a very good doctor. Likewise if I chose to take a flight to Jogjakarta and end up in Cuba, I do reserve the right to admonish the pilot. I don’t have to be trained in medicine or aviation to register such a complaint, for the simple reason that I am not objecting to the discipline of medicine or aviation per se, but rather the normative conduct of my doctor or pilot.

Likewise, when Muslim feminists object to the abuse of women’s rights at the hands of misogynistic men who hide behind the cloak of religiosity, they are not condemning religion as a whole, but rather the normative culture of Muslims, and the abuse of law in the name of Islam. At no point is Islam being criticised or rejected, but rather the abuse of the law and the transgression of the egalitarian spirit of Islam.


This is the point that is often lost in the over-heated debates that take place between Muslim progressives and the more conservative ulema in our midst. Whenever there is an attempt to question, debate, reform or develop the normative religio-cultural praxis of Muslims anywhere in the world, we often see the same reaction from conservative ulema who will never accept that those who didn’t go to the same schools as them have the right to speak on matters of religious praxis.

But if we accept this argument of the ulema, then we are in danger of overlooking the reality of history and how the greatest advances in Muslim normativity and thought came from those who were precisely outside the traditional circle of orthodox thought. Today many Islamists claim to have received their inspiration from the likes of Abul Ala’a Maududi, Hassan al-Banna, Syed Qutb, et al. But have we forgotten that men like Maududi and Qutb were themselves lay Islamists whose own education sometimes was not rooted in classical Islamic teaching? Maududi was, after all, a journalist by training.


Dealing and responding to such attempts at discursive closure would therefore require us to look beyond the discursive pyrotechnics of legalism and theology, and to see that beneath all these warnings and demands for closure is nothing more than a strategy of censorship at work. For those who are trying to engage critically and intelligently with the discourse of religion, abiding by the rules of traditional conventional scholarship will simply not get us anywhere.

If, for instance, a Muslim feminist were to abide by the rules set by some conservative male ulema, she would be forced to conform to all the standards set by men: she would have to start from the beginning, go to the same schools as the ulama, read the same books, behave the same way, etc. But in the end, she would still be faced with yet another barrier to her participation into the discursive domain: “No, you are not qualified to speak on Islam.” Why? “Because you are a woman, of course!”

In the struggle to understand and render relevant the concerns of religion in the modern age we live in, blind adherence to traditional conventions will not work; and can only in fact retard our development even further. What holds true for contemporary Muslim praxis is equally true for contemporary Christian, Hindu and Buddhist praxis as well.


Conservative Muslims on the other hand have to realise that we now live in an age where modern developments in communication, education and dissemination of knowledge mean that Muslim women are more intellectually emancipated and equipped than ever before. Rather than silencing the voices of Muslim women who are trying to understand and make relevant Islam for the age we live in, the conservatives among us should learn to listen to the critical and often constructive comments of others
.

Dr Farish A Noor is a Senior Fellow at the S Rajaratnam School of International Studies, Nanyang Technological University, Singapore; and one of the founders of the www.othermalaysia.org research site
 

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