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Concept of Rights in Islam
“And do not debate with the People of the Book except with the best of manners and unless those of them who were aggressors (unjust or exceeded just limits). Say (to them): We believe in what has been revealed to us and what has been revealed to you; Our God and your God is One, and to Him we are submitting.” -The Holy Quran (Chapter 29, Verse 46)
Shivam Goel B.Com Honours- Delhi University LL.B. - Delhi University LL.M. - WB National University of Juridical Sciences, Kolkata
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Index Page No. 5- 23
Chapter 1: Introduction • Islam • Islam and Muhammad (PBUH) • Tenets of Islamic Jurisprudence Faith and Law Concept of Rights Concept of Justice Concept of Freedom Jihad and Islam Trade, Commerce and Intercourse Family and Modernity Chapter 2: Human Rights and Islam • Right to Life
24- 32
• Right to Freedom of Religion • Right to a Basic Standard of Life • Right to Justice • Right against Slavery • Protection of the Rights of the Orphans • Protection of the Rights of the Heirs Chapter 3: Rights of Women in Islam • Gender Equality in Islam • Muslim Women and Hijab • Women Empowerment through Education • Islam, Women and Inheritance • Divorce on Triple Pronouncement of “Talaq” • Islam and Polygamy • Women held as ‘Half Witness’ in Islam • Concept of Muta Marriage • Child Marriages and Islam • Marital Rape in Islam
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33- 44
Chapter 4: Environment & Animal Rights in Islam • Ethical Treatment to Animals
45- 48
• Consumption of Meat • Animal Sacrifice and Islam Chapter 5: Conclusion Bibliography
49- 52 53- 54
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Concept of Rights in Islam Chapter 1: Introduction Islam is the second largest religion in the world after Christianity. A comprehensive demographic study of more than 200 countries indicates that there are 1.57 billion Muslims in the world today, representing 23% of the world population.1 The six elements of the Islamic creed are: the belief in One God and the belief in His Angels; His Books; His Messengers as well as the belief in the Day of Judgement and the belief in God’s Divine Pre-ordainment. Islam2: Islam in simple words means submission and devotion to One God. The literal meaning of Islam is surrender, submission and peace, that is, surrender and submission before the will of God to attain peace. A person who accepts Islam as his religion is called a Muslim.3 It is a religion of monotheism where the adherent to Islam believes that God is one and incomparable. He has no partners and sons. He begets not nor was begotten (neither gives birth, nor was born). He created the whole universe and all beings. No one shares with ‘Him’, His Divinity and no one has the right to be worshiped or prayed but Him alone. Islam does not uphold asceticism or escapism.4 In Islam true mysticism is embellishment of one’s thought and action; no lip service; no hypocritical and ostentatious action. Islamic mysticism stands for the harmonious integration of body and soul, and the goal of the Islamic teachings is to strengthen human ties so that a just and peaceful social order can exist. Islam believes in the rule of law and in Islam politics is subordinate to moral values. There is no priesthood or institution of clergy in Islam. All individuals possessing good character and having good knowledge of the religion can lead congregational prayer, perform nikah (marriage rites) and can conduct funeral proceedings. Islam does not believe in any kind of intervention,
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Data Source: Pew Forum on Religion and Public Life (2009) Islamic tradition has it that there have been 128,000 prophets on earth, and 104 revealed Books. The Torah, the Psalms, the Gospel, and the Quran are considered as the four most important of these Books from the point of view of Islamic tradition. Not all of the prophets were major figures of appreciation and fame like Moses, Jesus and Muhammad. The Holy Quran says, “And We certainly sent Envoys before you (Muhammad); some of them we have told you about, and some of them we have not told you about.” See: Thomas Cleary, The Essential Koran: The Heart of Islam, Harper Collins Publication, 2011 Edition, p.180 3 See: Kaleem Ullah Khan, Islam: The Source of Universal Peace, Goodword Books Publication, 2007 Edition, Chapter: Meaning of Islam, p.16 4 See: The Holy Quran, Verse 57:27, “As for monastic asceticism- we did not enjoin it upon them; they invented it themselves”. 2
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mediation or intercession through a priest, imam or saint between an individual worshipper and his Creator.5 For centuries the people in the West have called Islam as “the religion of the final prophet, Muhammad (PBUH)” and Muslims as “Mohammedans”; Muslims have always considered this as a gross misrepresentation and ill-interpretation of their faith. Some of the gross fallacies underlying Islam are that, Muhammad (PBUH) is the originator of Islam and Muslims worship Muhammad (PBUH).6 The fact is that, Islam predates Muhammad (PBUH), as the Holy Quran indicates that God spoke to Abraham, Ishmael, Isaac, Jacob, Moses and Jesus. Moreover, one-third of the Holy Quran talks about Moses and the incidents the children of Israel went through. In addition, the Holy Quran mentions some of the prophets who were sent to the children of Israel such as Aaron, Zachariah and John.7 Hence, to say that Islam is a religion of new invent post the Muhammad (PBUH) will be grossly wrong.8 A person who accepts Islam as his religion has to declare Kalima Shahadah, which reads as, “I bear witness that there is no one worthy of worship except God; I also bear witness that Muhammad (PBUH) is His servant and messenger”. Islam declares that worshipping anyone other than one God (“Allah”) or ascribing partners to Him as the gravest and unpardonable sin.9 The Concept of God: Belief in One Almighty, Omnipotent, Omniscient, Sovereign God, Creator and Preserver of the whole universe without any partners and above any limitations is the central point or pivot of Islam.10 The Holy Quran declares the name of God as “Allah”.11 It is pronounced as “Allaah”, that is with a long vowel
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See: The Holy Quran, Verse 2:186, “(O Prophet) If my believers ask thee about Me- behold, I am near; I respond to the call of him who calls, whenever he calls unto Me; let them, then respond unto Me, and believe in Me, so that they might follow the right way.” 6 When Muslims mention Muhammad’s name, it is a religious requirement to show respect and say “peace be upon him”, which is commonly abbreviated as PBUH. 7 The Holy Quran mentions 25 prophets and messengers by name and further it focuses on the stories of some of them. For example, in the Holy Quran, Adam is mentioned 25 times, Noah is mentioned 43 times, Abraham is mentioned 69 times, Moses is mentioned 136 times and Jesus is mentioned 25 times. 8 Muhammad said: “My similitude in comparison with the other prophets before me is that of a man who has built a house completely and excellently except for a place of one brick. When people see the house, they admire its beauty and say: how splendid the house will be if the missing brick is put in its place. So I am that brick, and I am the last of the prophets”. (Narrated by Bukhari 4.734, 4.735) 9 See: The Holy Quran (Chapter 4, Verse 48), “Verily God does not forgive the ascribing divinity to aught beside Him”. Also see: The Holy Quran (Chapter 31, Verse 13), “Do not ascribe divine powers to aught beside God; for behold, such (a false) ascribing of divinity is indeed an awesome wrong.” 10 The Holy Quran begins with the verse, “Praise be to Almighty Allah (Creator and) Preserver of all the worlds”; and ends with, “Say (O Prophet) I seek refuge with the Preserver of mankind (and not of a particular country or race)”. 11 See: The Holy Quran (Chapter 59, Verse 22), “He is Allah besides whom there is no God: The knower of the unseen and seen; He is the Beneficent, the Merciful”.
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“a”. God is believed to have many attributes and adjectives.12 In Islam there are ninety nine acknowledged “beautiful names” and attributes for Allah.13 For example, God is the Most Merciful and All Knowing. No one can be more knowledgeable than Him. Islam believes that the concept of the unity of God (tawhid) delivers man not only from the slavery of animate and inanimate objects but also from all the forces of nature whether on the earth or in the heavens (the Angels) as the man is placed above all the creations of God and is asked to bow before Him only.14 Islam and Muhammad (PBUH)15: Prophet Muhammad (PBUH) - Personal Details: Name Father’s Name Surname (Clan)
Muhammad (Peace be Upon Him) Abdullah, son of Abdul-Muttalib (The reaches back to the Prophet Ishmael, the son of Prophet Abraham) He was from Bani-Hashim family (Bani-Hashim was from Quraysh, a tribe that was highly ranked in Arabia)
22nd April, 570 C.E. City of Mecca, Arabian Peninsula (Currently in Saudi Arabia) Date of Death 6th June, 632 C.E. Death and Burial City of Madinah (Approximately 450 kilometres North of Place Mecca) Date of Birth Place of Birth
12 See: The Holy Quran (Chapter 59, Verse 23), “He is Allah, besides whom there is no God; the King, the Holy, the Author of Peace, the Granter of Security, Guardian over all, the Mighty, the Supreme, the possessor of greatness. Glory should be to Allah from that which they set up (with Him)!” 13 See: The Holy Quran (Chapter 59, Verse 24), “He is Allah; the Creator, the Maker and the Fashioner: His are the most beautiful names. Whatever is in the heavens and the earth declares His glory; and He is the Mighty, the Wise.” 14 See: The Holy Quran (Chapter 41, Verse 37), “Among His signs are the night and the day, as well as the sun and the moon: (hence) adore not the sun or the moon, but prostrate yourselves in adoration before God (only), the One who has created them if it is Him whom you (really) worship.” Also see: The Holy Quran (Chapter 31, Verse 20), “Are you not aware that God has made subservient to you that is in the heavens and all that is on earth and has lavished upon you His blessings, both outward and inward.” 15 Muhammad (PBUH) never knew that he would be a prophet. He led an ethical life and was known for his fidelity, integrity and trustworthiness. He never worshipped idols when idol worship was rife in a polytheistic society. He always believed that the whole universe must have been created and controlled by One God. He used to worship God by retreating to a cave on a mount 4 km east of Mecca.
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The Holy Quran was revealed through the Prophet Muhammad, who was born around the year 570 C.E. Muhammad (PBUH) was of the noble Quraysh clan, the custodians of the sacred shrine of Mecca, believed to have been built by Abraham in the remote past. Orphaned at an early age, Muhammad developed into a sober and responsible young man, known for his trustworthiness. When he was 25 years old, he married his employer, a successful businesswoman most impressed by Muhammad’s goodness. The first revelation came to him when he was 40 years old. It took place during one of his periodic meditation retreats in a mountain cave outside Mecca. Far from inflated by the experience, Muhammad was fearful and demurred; he rushed home to his wife and anxiously revealed what had happened to him. Reminding him of his virtues, she assured him that he was not mad. Then she took him to a cousin, a Christian, who listened to the beginnings of the Recital and declared it to be of the same Truth as that brought by Moses and Jesus.16 Muhammad (PBUH) introduced himself as the Messenger of God.17 He devoted his life for a noble cause and described himself as the final brick that completed a beautiful building which represented all prophets and messengers God sent before him. Prophet Muhammad revered all true prophets and messengers that came before him. He acknowledged Abraham as the father of many prophets and as the one who was commanded by the God to establish “Ka’bah”, a house of worship purely for Allah (the One God). Muhammad (PBUH) acknowledged Moses as the messenger of God and the prophet who brought a “Book of Guidance” for the children of Israel. Muhammad (PBUH) acknowledged Jesus and gave glad tidings to all believers that Jesus will return one day before the end of life on the earth. He will fight evil, end conflicts and unite all believers in God under his banner. Muhammad (PBUH) warned Muslims about the false Messiah and asked them to follow Jesus when he returns. After receiving divine revelation from God and within 23 years, Muhammad (PBUH) succeeded to unite the people of Arabia under one banner, that is, Islam. He purified Ka’bah from idols and paganism in order to restore its original purpose; a house of worship purely for One God (Allah).18
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See: Thomas Cleary, The Essential Koran: The Heart of Islam, Harper Collins Publication, 2011 Edition, p. XI In Arabic, the word “Muhammad” means the person who is highly, frequently and repeatedly praised for his good deeds. Therefore, he is a praiseworthy person. 18 See: Michael H. Hart, The Prophet of Islam: Muhammad, Islamic Sciences & Research Academy Australia, Third Edition (2013), Chapter 3: Biography, p.27-65 17
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Mission of Prophet Muhammad was accomplished in 23 years- Timeline of events: 570 C.E. 577 C.E.
579 C.E. 583 C.E. 596 C.E.
606 C.E. 610 C.E.
613 C.E.
616 C.E. (The First MigrationHijrah) 617 C.E. 618 C.E.
621 C.E. (The year of “Grief
Birth of the Prophet. He was born in the City of Mecca. His father died two months before his death. Aaminah, the mother of the Prophet died. Post her death Muhammad (PBUH) was brought up by his grandfather Abdul Muttalib. Abdul Muttalib died at the age of 82. Post his death, the Prophet was brought up by one of his uncles Abu Talib. The Prophet travelled to Syria with his uncle Abu Talib on a trading mission. At the age of 25, the Prophet accepted the marriage offer from Khadeeja. Khadeeja was 15 years elder to Prophet. She bore him four daughters and two sons. Prophet participated in the rebuilding of the Ka’bah. At the age of 40, while meditating in a cave on the Mount Hira, Prophet received the first revelation through Angel Gabriel. The first converts to Islam were Khadeeja (Wife of the Prophet), Abu Bakar (Prophet’s Childhood Friend), Ali (Son of Abu Talib) and Zaid (Servant of the Prophet). Persecution of the Muslims started at the hands of the infidels of Mecca. Abu Lahab, Abu Jahl, Aqba Bin Abi Maeet, Waleed Bin Mughaira, Ubay Bin Khalaf and Nazar Bin Haarith, were among the greatest enemies of Islam. To escape the terrible persecution at the hands of the infidels of Mecca, the Muslims immigrated to Abyssinia on the advice of the Prophet. The first batch included 11 men and 4 women and the second batch included about 80 men. After sometime the Muslims returned to Mecca. Conversion of Umar Bin Khattab and Hamza Bin Abdul Muttalib to the new faith boosted the morale of the Muslims. Mecca declared social boycott of Muhammad (PBUH) and his followers. The faithful were forced to take refuge in one of the defiles of Mecca. This boycott continued for 3 years. Prophet Muhammad’s most affectionate uncle and protector Abu Talib died at the age of 80. Few months later, Khadeeja (the 9
and Sorrow”)
622 C.E.
623 C.E.
beloved wife of the Prophet) passed away. Muhammad (PBUH) lost hope in Mecca and decided to convey the Message of God and seek support outside Mecca. He went to the City of Ta’if but was met with hostility. In addition, he spoke to more than 20 Arab Tribes about Islam but he did not receive any positive response. Muhammad (PBUH) met six people from Yathrib (A City located 450 Kilometres North of Mecca) during the pilgrimage time and spoke to them about Islam. They believed him and later returned to their city with the intention to invite more people from their own tribe and other tribes in Yathrib. They agreed to return to Mecca the next year at the time of pilgrimage to meet again with Muhammad (PBUH). The same group returned the following year with six more people. They pledged their allegiance to Muhammad (PBUH), accepting him as the Messenger of God and promising him: they will not worship anyone except Allah; they will not steal; they will not commit adultery; they will not kill; they will not slander neighbours; and they will not disobey the Messenger of God. The group went back to Yathrib and invited their tribal leaders and their people to accept Islam. The two main tribes in Yathrib (Aws & Khazraj) embraced Islam and subsequently their people became Muslims. Muhammad (PBUH) was invited to come to Yathrib and become its ruler and leader. Chiefs of the Quraysh in Mecca plotted to kill Muhammad (PBUH). Prophet asked the Muslims in Mecca to migrate to Yathrib. Later, Muhammad (PBUH) himself migrated to Yathrib. His migration represented the most important turning point in the Islamic history.19 From Yathrib, Islam blossomed, an Islamic state was established and a just social order was born. Muhammad (PBUH) was chosen the ruler of Yathrib. The people of Yathrib were a mix of Arabs and Jews. Muhammad (PBUH) was chosen as the ruler of Yathrib willingly and peacefully with the agreement of the majority of people.
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The Islamic calendar starts from the date Muhammad migrated from Mecca to Madinah.
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624 C.E. (Battle of Badr)
625 C.E. (Battle of Uhud)
626 C.E. (Battle of Trench)
“Madinah” was the new name that Muhammad gave to the City of Yathrib. Muhammad (PBUH) never called it a City of Islam, but “Al- Madinah”, which means a city in which all inhabitants have similar citizenship rights, stress was on equality and not identicalness. As the Ruler of Yathrib, Muhammad (PBUH) formed the first constitution and charter of human rights and liberties. The constitution guaranteed the freedom of conscience and worship for Muslims and Jews as well as Arabs who did not accept Islam. When the Muslims migrated from Mecca to Madinah, most of them were compelled to abandon their homes and likewise their properties were confiscated. The Chiefs of Mecca used the confiscated money for trade and business. Muslims knew about a trade caravan belonging to the Chiefs of Mecca, led by Abu-Sufyan which was to pass through a trade route close to Madinah. Muhammad called upon the Muslims to take caravan in return for their lost wealth. A force of only 313 Muslims took up the mission. The intelligence employed by the Chiefs of Mecca advised Abu-Sufyan to change the route of the caravan. Chiefs of Mecca sent an army of 950 soldiers to fight the Muslims. It was astonishing and beyond expectation that the Muslims won their first battle against the Chiefs of Mecca. In retaliation for their loss in the Battle of Badr (and for their fear of losing their leading role in Arabia), the Chiefs of Mecca with some Arab allies, sent an army of 3000 soldiers to attack Muslims at the Mount of Uhud (North of Madinah). The Muslims lost this battle and Muhammad was wounded but saved. In this battle some companions of Muhammad were killed including his uncle Hamza. Since Muhammad (PBUH) was not killed in the previous battle, the Chiefs of Mecca and few Arab & Jewish tribes called for a united effort and a comprehensive assault to kill Muhammad and destroy the Muslim community.
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627 C.E. (Treaty of Hudaybiya)
628 C.E.
630 C.E.
Around 10,000 soldiers marched towards Madinah to destroy the people of the faith. After consulting his companions, Muhammad decided to adopt the idea put forth by a Persian Muslim named Salman, to dig a 5.5 kilometre long and 4.6 metre wide trench on the northern access of Madinah. Muslims tried their best (including psychological warfare) to defend themselves. After a month long siege the army of the Chiefs of Mecca became impatient and strong storms and wind blew which forced the confederates to pack up their tents and withdraw. A year after the Battle of Trench, Muhammad took a peaceful initiative to perform Umrah (Visit to the Sacred Mosque in Mecca). Visiting Mecca for the purpose of worship was a religious right that Mecca undertook to allow all people in Arabia. Chiefs of Mecca were surprised to see Muhammad (PBUH) and other 1400 civilians coming from Madinah to perform Umrah. During the period of truce, Muhammad (PBUH) conveyed Islamic teachings (so called the Message of God), inside and outside Arabia. Muhammad (PBUH) sent delegations to Arab tribes and wrote letters to the rulers and kings of the neighbouring countries such as Persia, Byzantine and Egypt inviting them to accept the Message of God (Islam). Within a period of two years, the truce was vitiated by the Chiefs of Mecca, they killed around 20 Muslims. In response to the violence initiated, Muhammad marched to conquer Mecca with an army of 10,000 Muslims. Muhammad instructed his army not to fight anyone unless they were fought. The Chiefs of Mecca were not prepared to fight the Muslims. When Muhammad arrived in Mecca along with his army, he addressed the whole people of Mecca confirming the Oneness of God and explained the sanctity of divine revelations made to him. Muhammad (PBUH) asked the people of Mecca, “What do you
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631 C.E.
632 C.E. (Muhammad (PBUH)Farewell Address)
expect me to do with you?” they replied, “We hope for the best. After all, you have been a gracious brother”. Post the peaceful takeover of Mecca, delegations from all over Arabia came to learn the about Islam, except the Hawazen tribe which fought the Muslims and eventually lost the Battle of Hunayn. When Prophet Muhammad retuned to Mecca, his primary goal was to purify the Sacred Mosque. He removed all the idols that were worshipped by the Arabs as Gods and restored the Ka’bah as the House of Allah, the One God. In 632 C.E. Muhammad (PBUH) proclaimed that his mission was accomplished and his life was nearing to an end. In 632 C.E. he performed his pilgrimage and gave his final sermon to more than 100,000 people. His sermon was focussed on- rules of justice; equality of all races; sanctity of lives; right of women and the most important “the Oneness of God”. Prophet Muhammad passed away in his home in Madinah in the year 632 C.E.20 leaving only few possessions but a legacy of faith in God.
20 Among the known prophets of God, Muhammad is the only prophet whose burial place is precisely identified and his followers are certain about the exact location of his tomb. Muhammad was buried at his house which is attached to his mosque “Al Nabawi Mosque” in Madinah.
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Tenets of Islamic Jurisprudence: a. Faith21 and Law22: The Message of Islam is based on Aqidah23, that is, declaration of faith in One God and Shariah24 which means the Law of God, the system and regulations that govern day to day transactions, activities and practices of the God. Concept of faith and law in terms of Islamic Jurisprudence can be summarised by virtue of Verse 151 and 152 of Chapter 6 of the Holy Quran: “Say (O Muhammad): Come, I will recite what your Lord prohibited you from: (a) Don’t join any partners as equal with Him; (b) Be good to your parents; (c) Don’t kill your children on a plea of want, God is the provider of sustenance to you and to them; (d) Don’t approach or get close to doing shameful deeds openly or secretly (example adultery and deeds of corruption); (e) Don’t kill any soul which God made sacred except by way of justice and law; (f) Don’t touch the wealth of the orphans or their property, except to improve it, until he or she reaches maturity; (g) Give measure and weight with justice, when buying and selling or when doing financial and non-financial transactions; (h) Whenever you speak (or bear justice) speak justly even if a near relative is concerned; (i) Fulfil the Covenant of God. This is what He commands you that you may remember.” Many Islamic scholars of great eminence consider Shariah law to be divine and immutable. The Holy Quran by virtue of Verse 5:48 states that Allah has appointed a law and a way for everyone, which means that the Shariah is supposed to serve the purpose of every community and it has to keep the welfare of various communities in mind. There is consensus among the ulema (a body of Muslim scholars who are recognised as having specialist knowledge of Islamic sacred law and theology) that customary law (aadat) too becomes an integral part 21
There are five pillars of Islam that a Muslim must practice. These are: Shahadah (uttering verbally the creed of Islam, that is, there is no God but Allah and Muhammad is the Messenger of Allah); (b) Salat (performing daily prescribed prayers); (c) Siyam (fasting during the lunar month of Ramadan); (d) Zakat, at the rate of 2.5% of annual net savings (Zakat is paying alms as charity once a year); and (e) Hajj (pilgrimage to the Sacred Mosque in Mecca atleast once in a life time for those who have the physical and financial ability. 22 Sources of Muslim Law: (a) Quran (It is the first source of Muslim Law and it over-rides all other sources of Muslim Law); (b) Sunna or Hadith (Sunna or Hadith are called the traditions of the Prophet. Where the words of God, that is the Quran, cannot supply authority, the Prophet’s own words and actions are treated as an authority); (c). Ijma (Ijma mean the unanimous decisions of jurists. According to Abdul Rahim, Ijma may be defined as the agreement of jurists in regards to a particular proposition as to the Islamic law.); (d) Qiya (Qiya mean analogical deductions. Qiya in Arabic means measurement. Thus, Qiya is the collection of rules and principles deducible by the methods of analogy and interpretation.). 23 After receiving divine revelation, Muhammad (PBUH) focused on teaching people monotheism (Aqidah) for 13 years. After migration to Madinah, there was more focus on explaining and implementing Shariah. 24 Shariah is divided into three main branches: (a) Worship (daily prayers, fasting, supplications, giving alms); (b) Morals (right actions, etiquettes and values); (c) Business and Commerce (based on general rules of justice, ethics and good conscience).
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of Shariah. That is why the Arab customary law (Arab aadat) became an integral part of the Islamic Shariah. For if Arab customary law had not become part of the Shariah it would not have been acceptable to the Arabs. When Islam spread across the globe, the local customary laws of the respective countries too became part of Islam. In the country of Indonesia, once a controversy erupted among the ulema as to whether Indonesian customary law should be considered as part of Islam, the majority of the ulema accepted the premise that the Indonesian customary law should be regarded as part of Islam as practised in Indonesia. Allama Iqbal was of the opinion that if Islam as a religion based on the divine text of Quran is to be protected from the country based customary overload (as happening world over), making the religion rudimentary and backward, necessary stress must be given to the doctrine of ijtihad (creative interpretation through utmost intellectual exertion). The so-called learned ulema closed the gates on ijtihad in the 13th century, and since then Shariah law became stagnant. Shariah law had been progressive up till the 13th century because of the doctrine of ijtihad. Time necessarily indicates the need for the re-incorporation of the lost doctrine into the mainstream Shariah law so as to open the gates for legal progressivism. b. Concept of Rights: Muhammad (PBUH) gave individuals in the primitive Arabian society their rights and dignity necessarily to be understood within the conceptual framework of responsibility and accountability. Human dignity under the Islamic reign in the ancient Arabia was not circumscribed by any religion, ethnicity, colour of skin, language or tribe, but included all the children of Adam. This indeed was a novel and reformative declaration of human rights that preceded the UN Charter of Human Rights by more than 1,400 years. Prophet of Islam always stressed that the entire creation is the family of Allah and every human being is equal in terms of rights and dignity with no one being more equal than the other. c. Concept of Justice: The concept of justice is primary to Islam. The concept of justice in Islam is rooted in the philosophy of ijtihad that is, making utmost intellectual assertion to understand the phenomena and to find a solution to it.25 25
Technically speaking, the concept of ijtihad was used by Ma’adh Bin Jabal, who was appointed as the Governor of Yemen. When the Prophet (PBUH) asked him how will you govern if you do not find any ruling in the Quran and my sunnah, he said ana ajtahidu, that is, I will strive to understand the problem myself and find the way out. The Prophet of Islam approved of it.
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Apart from ijtihad, the word fiqh is very much relevant from the standpoint of the Islamic jurisprudence. The word fiqh which is often used for Islamic jurisprudence also means to know, understand and comprehend. Fiqh became integral part of Islamic jurisprudence and experts in Islamic law are also referred to as faqih. To make the ends of justice meet the Islamic law lays emphasis on not just the Quran and the sunnah, but also on qiyas (analogical reasoning) and ijma’ (consensus among the experts). Justice is the very basis of Shariah law and to keep the Shariah law progressive, exercising ijtihad is very important. The Quran says (Chapter 5, Verse 8), “O you who believe, be upright for Allah’ bearers of witness with justice; and let not hatred of people incite you not to act equitably. Be just; that is nearer to being pious and fear Allah, Surely Allah is Aware of what you do.” The efficacy of this verse cannot be lost on the Muslims who not only believe in the divine book but also act according to it. This verse (as stated) says that, enmity with a person or a community should not come in the way of justice. There are two words which are repeatedly used in the Holy Quran, these are- ’adl and qist, both these words mean the same thing, that is, “Justice”. The Doctrine of Proportionality, which states that where a scissor suffices, a sledge-hammer must be avoided, is well found in the Islamic Jurisprudence. Also, the Islamic Jurisprudence based on the tenets of the Holy Quran and the Hadith lays necessary stress on the Doctrine of Presumption of Innocence of the Accused. The weaker section of the society in the Holy Quran is referred to as mustad’ifin and the powerful classes are referred to as mustakbirin. The Holy Quran opines that for welfarism to flow, the mustad’ifin must be put at par with the mustakbirin. Quran spoke about democracy and socialism about 1400 years ago when monarchy and dictatorship was the norm. The principal focus of Islam in the light of the Concept of Justice has always been on five fundamental values: Truth (Haq); Righteousness (Adl); Benevolence (Ehsan); Compassion (Rahmah) and Wisdom (Hikmah). The Quran says that each individual is to carry his or her burden and no one else can carry the burden on behalf of the others. For the ancient Arab society it was indeed a very revolutionary declaration. The Quran made, in the primitive Arabian society, reward and punishment individual centric, not tribe centred. This perhaps freed individuals from the burden of tribal customs and superstitions.
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Story of To’mah and the Jewish man: On one occasion, an Arab man, To’mah Bin Ubayriq stole a metal shield which was part of a suit of armour and hid it in the house of a Jewish friend. The Jewish man was accused of having stolen the metal shield, but he denied the charge and accused To’mah. As the offender was not known, many Arab Muslims sympathised with To’mah and tried to influence the opinion of Muhammad, but the justice prevailed and To’mah was proved guilty and the Jewish man innocent. In this context, a verse of the Holy Book asserting justice was revealed to Muhammad (PBUH): “Surely we have sent down to you the Book with truth so that you can judge between people according to what God has shown you (taught you justice). So don’t be pleader on behalf of those who betray their trust.”26 d. Concept of Freedom: The chief characteristics of a modern society are- freedom of conscience; individual and human dignity; democracy; gender equality and scientific outlook. The Holy Quran lays emphasis on the freedom of conscience (by virtue of Chapter 2, Verse 256); democratic and collective decision making (by virtue of Chapter 42, Verse 38); dignity of human beings (by virtue of Chapter 17, Verse 70); and gender equality (by virtue of Chapter 2, Verse 228 and Chapter 33, Verse 35). Islamic scholars are of the opinion that “no compulsion” is an essential rule of Islam. Muhammad (PBUH) claimed himself as the Messenger of God, he received divine revelations but he never forced anyone to accept, what was his concept of religion, spirituality and God. He recited the Holy Quran which confirms the freedom of belief and freedom of choice for all people1. “And had your Lord willed, all people on the earth would have believed together. So will you (Muhammad) compel or force people until they become believers?”27 2. “There is no compulsion in religion, truth (the right path) has become distinct from error (the wrong path), and whoever rejects evil and believes in God has grasped the most trustworthy hand-hold that never breaks. And God is AllHearing and All-Knowing.”28 Slavery existed before the time of the Muhammad (PBUH). Slavery was in fact a part of many social systems in the world. Slaves were considered as a part of wealth of the people. Islam stood ideologically against the concept of slavery. 26 27 28
See: The Holy Quran (Chapter 4, Verse 105) See: The Holy Quran, Chapter 10, Verse 99 See: The Holy Quran, Chapter 2, Verse 256
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Islam not only required people accepting the faith to release their slaves but also promoted practices of buying a slave from someone and freeing him or her. e. Jihad29 and Islam: Jihad to the Prophet of Islam meant speaking the truth in the presence of a tyrant ruler. He called it the best form of Jihad and most difficult also as it requires not only tremendous courage but also readiness to sacrifice one’s life and the life of his near and dear ones too. As per the words of the Prophet (PBUH), Jihad is not about killing. It should not be used in the literal sense for waging war or fighting an external enemy for it is the most minor form of Jihad (jihad-i-asghar); the superior form of Jihad is fighting the enemy “within”, that too in all its destructive forms- anger, revenge, falsehood, desire and greed. The Quran holds that afw (to pardon) and kazim-al-ghayz (to suppress anger) are the highest forms of morality.30 Auliyah Allah (friends of Allah) always believed that to forgive and to suppress anger is the greatest form of Jihad. The Holy Quran is the basic source of Islamic law. Since it is not a written book but a revealed book, it can only be properly understood if one is familiar with the historical context of the each revelation and with the coherent inner thread of the text. It is in this broader perspective that the widely used phenomenon jihad or so called Holy War is to be understood. Jihad means physical, moral, spiritual and intellectual effort made to establish the order of the God, which in itself is based on truth, mercy and compassion. There are many words in the Arabic language meaning armed struggle like qital (killing), harb (war), sira’a (combat) or ma’araka (battle) which could have been used but instead the word used in the Holy Book is jihad, meaning struggle on all fronts (moral, physical, spiritual, political and intellectual) for the establishment of peace, order and just society.31 In the words of Muhammad (PBUH), the real jihad is speaking truth in the presence of deception, falsehood, oppression and injustice. Islamists often quote that one of the names of Allah is Truth (Haq) and those who do not have the courage to speak the truth are anything but not Muslims. An individual who spends his life not submitting himself to the pursuits such as that of revenge and 29 As per the Holy Quran, jihad is nothing but ceaseless spiritual struggle for a just world (egalitarian society with utopian ends) with permissibility to use violence only in exceptional cases, such as for self defence, and for that too it should be avoided as far as possible. 30 The Quran says, “Those who spend in ease as well as in adversity and those who restrain (their anger) and pardon men. Allah loves the doers of good (to others).” 31 See: Kaleem Ullah Khan, Islam: The Source of Universal Peace, Goodword Books Publication, 2007 Edition, Chapter: Concept of Jihad in Islam, p.105
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falsehood is the true jihadi. According to Imam Husain, jihad is a struggle waged for human ideals, for justice and for truth. Islam holds that power for the sake of power is the most dangerous thing in this world. Absolute power with absence of necessary checks and balances is the source of all injustices. Power is termed as “just” when it is exercised for the sake of truth. Islamic notion of jihad is a struggle for truth and justice and not a struggle for power and dominance. Muhammad (PBUH) taught his tutelage to be assertive with their enemies, but not submissive or aggressive. He taught Muslims not to fight civilians and not to attack or kill children, women or elders. He asked them not to destroy the environment or damage trees. The point of view that Muhammad (PBUH) put across was that the involvement in battles should be on assertive grounds and for the sake of truth and righteousness. Chapter 2, Verse 190 states, “And fight for the sake of Allah those who fight you and don’t transgress the limits. Verily, Allah does not like transgressors.” As per Michael Hart, “fight for the sake of Allah” means not only to stand for the truth and for what is moral, just and right; but also against one’s animal instincts (feeling of hate, revenge and retaliation). As per the words of the Prophet (PBUH): “A Mujahid (who is engaged in Jihad) is one who struggles with his own self in submission to the will of God” and “A Mujahid is one who exerts himself for the cause of God”. For religious extremists (Islam Supremacists) who see war and armed aggression as the means to establish the so called “proper religious order”, the Holy Quran has following to say, Chapter 2, Verse 256 says, “There is no compulsion in religion, verily the right path has (now) become distinct from the wrong”; Chapter 6, Verse 104 says, “Means of insight have now come unto you from your God (through the Quran), whoever, therefore chooses to see, does so for his own good; and whoever chooses to remain blind, does so to his own hurt. And (say O Prophet, unto the blind of heart): I am not your keeper”; and Chapter 16, Verse 125 says, “Invite mankind to the way of your Lord, with wisdom and fair preaching and argue with them in the most kindly manner”. Chapter 2, Verse 256; Chapter 6, Verse 104; and Chapter 16, Verse 125; must be read in conjunction with each other. In the western countries, Muhammad (PBUH) is often seen as an aggressive warrior who to superimpose the Islamic faith used arms and weapons; he is seen as an oppressor and not a reformist. The reality is quite different. Muhammad 19
(PBUH) fought all his life for the rights of the people, he evolved the theology of “just war” with which many Christians would agree. He never forced anyone to convert. Quran is quite clear in its message, that is, “no compulsion in religion”. Quran holds war as abhorrent; the only “just war” is a war for self defence.32 Islam in all capacities stands against religious fanaticism.33 Islam can be seen as a religion of peace and humanity, if Islamic teaching are emphasised and are followed not so much from the tangled web of the Hadith, but from the study of Quran with open-mindedness. On reading Quran from cover to cover, one may realise that it emphasises greatly on the word ‘ilm (knowledge), this word occurs more than 800 times in the Quran along with its various derivatives. The word jihad which although in literal Quranic sense means quest for truth and just order appears in the Holy Quran just 41 times. f. Trade, Commerce and Intercourse: In Islam honest trading is not only encouraged but is promised a good reward in the life-hereafter. Muhammad (PBUH) encouraged trade and commerce based on noble Islamic values that denounce cheating, deception, fraud, exploitation and monopoly. Michael H. Hart in his book, The Prophet of Islam: Muhammad, states that soon after Muhammad (PBUH) arrived in Madinah, he instructed his companions to buy a piece of land and dedicate it for free-trade. People used to buy and sell goods and commodities without paying any fees or custom charges. They called it Manakha. Activities such as black-marketing and hoarding are strictly forbidden in Islam.34 Islam promotes greatest possible fairness so far as trade, commerce and intercourse is concerned.35 The Holy Quran states, “And give full measure whenever you measure and weigh with a balance that is true: this will be (for your own) good, and best in the end.”36 The Quran further states, “Woe unto those who give short measure: those who, when they are to receive their due 32
See: Chapter 2, Verse 190, “And fight in the cause of Allah against those who wage war against you, but do not transgress the limits, for verily, Allah does not love the transgressors”. Also see: Chapter 22, Verse 39 and 40, “Permission (to fight) is given to those against whom war is being waged and, verily, God has indeed the power to succour them. Those who have been driven from their homelands against all right for no reason must be protected.” 33 See: Karen Armstrong, A History of God, Ballantine Books Publisher, 1993 Edition, New York, p.155-156 34 Prophet Muhammad once said (as narrated by Mishkat): “Whoever keeps back grain forty days, in order to increase its price, is both a forsaker of God and is forsaken by God”. 35 See: The Holy Quran, Verse 11:85, “O my people (always) give full measure and weight with equity and do not act wickedly on earth by spreading corruption”. 36 See: The Holy Quran, Verse 17:35
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from (other) people demand that it be given in full, but when they have to measure or weigh whatever they owe to others, give less than what is due!”.37 Prophet Muhammad (PBUH) firmly held (as quoted by Tirmidhi), “The truthful honest merchant is with the prophets and the truthful ones and the martyrs”. Business commercials and advertisements that rely on exposing women by way of nudity and vulgarity are strictly prohibited in Islam. g. Family and Modernity: The Holy Quran by virtue of Chapter 17, Verse 23 emphasises that every individual must offer full respect and gratitude to both his parents. Muhammad in particular encouraged that full respect must be offered to the mother for she undergoes three main inescapable sufferings, that of pregnancy, labour and delivery, and finally that of breastfeeding and weaning.38 The Prophet of Islam did not approve of a life of celibacy except in some situations. He was not in favour of renunciation of the world (ruhbaniyyah) and preferred living in the world and facing all the situations. Many pronouncements of the Holy Quran relate to family life, marriage, divorce and children. The Holy Quran says that if you have no means to marry and sustain your family, lead a pious life until Allah gives you the necessary means. The holy text prescribes also, punishment for illegitimate sex, fornication, rape and adultery.39 As per the teachings of Islam, sex is permissible only within the institutional framework of marriage.40 According to the holy book, there are two important purposes of marriage- one is to raise a family and the other is to provide companionship to each other. The Quran philosophises marriage as a social commitment between two individuals (of opposite sexes) based on love and
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See: The Holy Quran, Verse 83:1, 83:2 and 83:3 It is said, once a man asked Muhammad, “Who would deserve my closest support and companionship?” Muhammad replied, “Your mother”. Then the man asked, “Who after her?” Muhammad replied, “Your mother”. The man asked the same question for the third time, Muhammad replied, “Your mother”. Then out of curiosity the man asked the same question for the fourth time, Muhammad replied, “Your father”. 39 See: Asghar Ali Engineer, Islam: Restructuring Theology, Vitasta Publishing Pvt. Ltd., 2012 Edition, Chapter 48: Family and Modernity, p.148-150 40 It is said, once a young man asked Muhammad to give him permission to fornicate (have non-marital sex with his girlfriend), Muhammad replied, “Do you accept this for your mother?” The man answered, “No”. Muhammad said, “Likewise people don’t like it for their mothers”. Then Muhammad asked the young man the same question three more times, “Do you like it for your daughter, sister or aunt?” Every time the man replied “no” and Muhammad repeated the same statement, “Likewise, people don’t like it for their daughters, sisters and aunts”. Then Muhammad put his hand on the man’s heart and supplicated to Allah, “Oh my Lord, forgive his sin, purify his heart and grant him chastity”. 38
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companionship.41 Divorce in Islam is one of the most disapproved of among permissible things. Also, according to one hadith, the heavens shake when man pronounces divorce to his wife because divorce is a blow to the very institution of family. As per the holy book, stability, compassion and love are the very basis of human civilisation and family is an important institution in building civilisation. Family (as far as possible) should not disintegrate and hence forth as per the sayings of the Prophet, divorce is the most disapproved of among permissible things. As per the writings of the scholars in the likes of Asghar Ali Engineer, when the holy book speaks of equality, it not only speaks of equality of status and opportunity, but also of gender equality, that is men and women must be treated alike, both within and outside the institutional framework of marriage. Two things are noteworthy- firstly, the Quran, while giving women the right to earn and to hold property, also gives them right in regards to equal dignity and self respect and makes it clear that family should be based not on authority of husband but on love and compassion for each other; and secondly, there is no clarity in Verse 3, Chapter 4 of the Holy Quran, whether it allows four wives simultaneously, or one after other or divorcing one and marrying second and so on. Some scholars opine that Islam in its religious capacity does not promote family planning. They often quote Verse 17:31, “And kill not your children for fear of poverty. We provide for them (children) and for you. Surely, the killing of them is a great wrong.”42 If Imam Raghib43 is to be quoted, this Verse doesn’t say that family planning is against the tenets of Islam. It speaks of children born and not children that have not even been conceived. No religion will ever advocate killing of children already born or conceived and in advanced stage of pregnancy, which would certainly amount to killing. 41 The Quran (30:21) says, “And of His Signs in this that He created mates for you from yourselves that you might find quiet of mind in them, and He put between you love and compassion. Surely there are signs in this for a people who reflect.” 42 Some scholars maintain that Verse 17:31 relates to the tradition of Arabs killing their daughters and to justify the killing they used to give the argument that they are poor and hence incapable to provide for the girl child born. Hence, through Verse 17:31, Allah says, “We provide for them and for you”. Islam believes and maintains that family planning is certainly not about killing children already born but restricting their number to one’s affordable income. 43 Imam Raghib in Mufradat, which is the dictionary of the Quran, says that “killing of children” in Verse 17:31 means “not giving them (children) proper education”, for ignorance is intellectual death and intellectual death is worse than physical death. Imam Raghib maintains that more the children, greater will be the inability of the parents to provide them better means of education.
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Imam Ghazali in his works authoritatively writes that, in Islam prevention of unwanted brth is permissible, especially if health of the mother is in danger. According to him, both the husband and the wife can prevent birth of a child with mutual consent. Ghazali goes one step further to say that conception can be prevented even if mother’s beauty is likely to be affected. Quran maintains that, Allah infuses life in the fourth stage of conception. Hazrat Ali is also reported to have approved of abortion up to the third month of pregnancy in case the life of mother is at danger. If conceptual framework of Islam as a religion of peace is seen without any prejudice or prior conditioning, it can be said that the Prophet of Islam left no stone unturned to arouse morality, ethics and divinity in the people who bore allegiance with Islam. He was a staunch believer in freedom of conscience, equality of status and freedom of religion and he stood strongly against slavery and racial discrimination.
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Chapter 2: Human Rights and Islam As per Islam, human being is the most excellent creation of the God. Chapter 31, Verse 20 of the Quran reads, “Are you not aware that God has made subservient to you all that is in the heavens and all that is on earth and has lavished upon you His blessings, both outward and inward”. The Islamic Model of Human Rights can be understood in best brevity through Chapter 16, Verse 90 of the Holy Quran, “God commands justice, doing good, and generosity towards relatives and He forbids what is shameful, blameworthy, and oppressive. He teaches you, so that you may take heed”. Human rights in Islam stem from two foundational principles: dignity and equality. Dignity is a fundamental right of every human being merely by virtue of his or her been born as a man or a woman. Chapter 17, Verse 70 of the Holy Quran states, “We have honoured the children of Adam and carried them by land and sea; ‘We’ have provided good sustenance for them and favoured them (specially) above many of those ‘We’ have created”.44 Islam as a religion of peace is of the belief that everyone (all individuals) is equal in the eyes of God. The segregation of humanity into many races and ethnicities is a testament to the majesty and wisdom of God. Therefore, racial superiority and discrimination is prohibited in Islam. In the words of the Prophet: “All humankind is from Adam and Adam was created from dust. An Arab has no superiority over a Non-Arab, nor does a Non-Arab have superiority over an Arab, except by piety and excellence of moral character in the eyes of God”.45 Right to life: It is an intrinsic belief of Islam that God is the creator of life and the sole controller of it. Islam declares human life as the most sacred on earth. By virtue of Chapter 5, Verse 32, the Holy Quran states, “If anyone slays a human being, unless it be (in punishment) for murder or for spreading corruption on earth, it shall be as though he had slain all mankind, whereas if any one saves a life, it shall be as though he had saved the lives of all mankind.” The Holy Quran further states by virtue of Chapter 4, Verse 93 as follows, “But whoever deliberately slays another believer, his requital shall be hell, therein to abide; and God will condemn him, and will reject him, and will prepare for him rightful suffering.”
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See: Azra Awan, Human Rights in Islam, Why Islam, http://www.whyislam.org/islam/human-rights-in-islam/, Visited on: 23-10-2014 45 See: Riyadh-al-Salihin (1604/5)
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The British scholar, Karen Armstrong in her much acknowledged book, Muhammad: A Biography of the Prophet, writes authoritatively that respect for human life, cultivation of kindness and compassion towards all, had been central to the Islamic teachings from the very beginning.46 Murder is strictly forbidden in Islam (what to talk about terrorism).47 The Holy Quran by virtue of Chapter 6, Verse 151 says, “And do not kill a soul that Allah has made sacrosanct, save lawfully”, that is murder is forbidden but death penalty imposed by the State for a crime is permitted. Further, Chapter 5, Verse 53 says, “Whosoever kills a soul, unless it be for murder or for wreaking corruption in the land, it shall be as if he had killed all mankind; and he who saves a life, it shall be as if he had given life to all mankind.” As per the Islamic Code of Law, every human being is entitled to integrity, honour and respect during his life (treating the prisoners of war with respect) and after his death (strictly forbidding mutilation of body parts of enemies dying in war or other armed aggressions). Islam condemns the abuse of power, position and authority and commands people to assist an oppressed person, if required with necessary force. Every individual in an Islamic society, regardless of his faith (or religious affiliation), social status and economic position has certain immutable rights which include- the right to be consulted by the government (or authority in power) on issues that concern economic and social affairs of the individuals; the right to be considered innocent unless proven guilty; and the right to seek judgement against oppressors and have an equal hearing before the judge.48 It is an unfortunate reality of our time that the governments of the so-called Islamic countries do not apply these principles but rather suppress public opinion and violate human rights. Any form of tyranny mental, physical, emotional or psychological is in no way representative of Islamic ideology. As per the Prophet of Islam (as narrated by Ahmad Saheeh), human values must be kept intact even at the time of inflicting punishments, for the most ruthless in punishing people in this world are most ruthlessly punished by God on the Day of Resurrection.
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See: Karen Armstrong, Muhammad- A Biography of the Prophet, Victor Gollancz, 1991 Edition, London, p.231 Martyrdom in Islam (often known as Shahadat) is not an act of killing but rather getting killed to uphold truth. Terrorism is killing to destroy whereas shahadat is an act of laying down life to construct a just society with egalitarian ends. 48 Human Rights in Islam, Gain Peace Through Islam, http://www.gainpeace.com/index.php?option=com_content&view=article&id=117:human-rights-inislam&catid=54&Itemid=117, Visited on: 25-10-2014 47
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Lastly, the words of the Prophet as expressed through the course of 23 years, the timeframe during which the Holy Quran was revealed to him, emphasise on the following: a. No one should be arrested, exiled or punished and the freedom no-one should be restricted without adequate legal action (and it is not permitted to empower executive authority to issue exceptional laws). b. No one should be subjected to physical or psychological torment, medical experimentation (including clinical trials), or any other humiliating treatment. c. Even during war it is not permissible to harm the women, the children, the elderly, the sick and the wounded. It is the duty of every believer (in Islam) to feed the hungry, clothe the naked and provide medicine to the wounded and the diseased, irrespective of who they are, enemy or associate. d. Every believer (in Islam) is duty bound to oppose injustice and oppression, no matter who the victim is; believer or non-believer. When another human being is seen in distress or in critical need of assistance, it is the duty of ever person of faith to help that person; otherwise, he is accountable for whatever increase in suffering is caused due to neglect. e. All human beings are bestowed by Allah with the freedom of conscience.49 Islam was the first religion whose scripture clearly proclaimed the doctrine of freedom of conscience (the Holy Quran, Verse 2:256). To interpret the Holy Quran in the contemporary times with progressivism is to say that Islam believes that to accept others as they are is the essence of democracy and this in fact is the very basis of modernity. It is further important to take note of the following: (i). Muhammad (PBUH) considered committing suicide as a major sin. He often said, “Whoever kills himself with a piece of metal, he shall be resurrected on the Judgement Day holding the same piece of metal and killing himself continuously in the hellfire forever, and whoever kills himself with poison, he will be resurrected holding the same poison and swallowing it continuously in the hellfire forever, and
49 The Holy Quran has enumerated the freedom of conscience as the divine attribute of Allah. As the story of Adam and Eve narrated in the Quran mentions that, Allah gave freedom even to Satan to mislead humanity. Allah gave freedom to Adam and his progeny to choose between what is right and what is wrong, and just warned them about the consequences of both the streams.
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whoever kills himself by throwing himself from a high plane such as a mountain, will do the same in hellfire forever.”50 (ii). Muhammad (PBUH) observed honour-killing and bloodshed as major sins. Muhammad held in his farewell speech that for Islam to prosper blood vengeance (revenge or retaliation) and vendetta (blood feud or dispute) must end. He said, “Every right arising out of homicide (murder) in pre-Islamic days is henceforth waived and the first such right that I waive is that arising from the murder of Rabi’ah (a relative of Muhammad)”. Right to freedom of religion51: Muhammad (PBUH) viewed religion as a motivator for a better way of life which adds value, reason and rationality to the mind, body and soul of the individual. Muhammad (PBUH) was strictly against religious extremism.52 The Prophet of Islam always strongly held that a moment’s reflection is more important than whole night’s worship (‘ibadat). The Holy Quran by virtue of Verse 6:109 states, “And abuse not those whom they call upon besides Allah lest, exceeding the limits they abuse Allah through ignorance”; further in this verse Allah states, “Thus to everyone people have made their deeds fair seeming; then to their Lord is their return so He will inform them of what they did”. Thus, a progressive Muslim is to believe that Allah alone is all-knowing and is the best of judge, for all religions and faith primarily preach righteousness. The Quran states, “And of His signs are the creation of the heavens and the earth and the diversity of tongues and colour of the skin. Surely, there are signs in this for the learned”. Hence, Quran asks every individual to be humble and regarding of the faiths of the others. In Islamic terms, the fundamental qualities of being truly religious are: to be transcendent in vision53; to be anti-establishment54; to be compassionate55; to be humble and to wage 50
See: Sahih Al-Bukhari (5778) and Sahih Muslim (109) As per the Holy Quran, religion should be treated primarily as a spiritual approach creating humility and spirit of truth, and should not be allowed to become an instrument of power. 52 Islam believes in religious and cultural pluralism. According to the Holy Quran, Allah created several religions and cultures though He could have created only one, if He so desired. Pluralism, both religious and cultural is accepted by the Quran. See: The Holy Quran, Verse 5:48. According to the Holy Quran, the world has been created in its plurality, not only in matters of religion but also by way of ethnicity, nations and tribes. These have been described as the signs of Allah (The Holy Quran, Verse 30:22). How marvellously the Quran speaks of national and tribal plurality can be seen through Surah 49, Verse 13 of the Holy Quran. The Quran stresses on pluralism to such an extent that it says, “Even when one is convinced that others’ gods are false, one has no right to abuse them”. The Quran says that in every place of worship Allah is remembered and hence it should be respected. Quran (Verse 22:40) says, “And if Allah did not repel some people by others, cloisters and churches and synagogues and mosques in which name of Allah is much remembered would have been pulled down.” 53 The Holy Quran holds that it is the duty of every human being that he/she should strive to make the world a better place to live in. Allah commands through the holy text of the Quran that what has been given to the mankind is not perfect and it is their duty to make it perfect. A person who considers himself a Muslim must hold a transcendent vision; this is the message of the Quran. 51
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constant battle for the quest of truth56. Not to quote in lines with cherry picked facts and figures but as a matter of general and unprejudiced analysis it can be said that when the Muslims began ruling Palestine in 637 C.E., they invited the Jewish people to live in Jerusalem after 500 years of exile. Further, in 1187 C.E., after retaking Palestine from the crusaders, the Muslims treated Christians with honour despite the brutality that was endured at the hands of crusaders. Many historical accounts say that Christians were allowed to leave in peace and harmony. James Burke in his book, The Day the Universe Changed, states that while the Muslims ruled the Spain; the city of Cordova was considered the intellectual centre of Europe where students went to study philosophy, medicine and science under Muslim, Jewish and Christian scholars. This sophisticated society took a tolerant view towards other faiths, while peaceful coexistence was unheard of in the rest of Europe.57 Jews and Christians lived in safety and harmony with the Muslim overloads in the so-called Muslim Spain.58 Swift downfall of Islam as a religion of peace came, if Karen Armstrong is to be believed, when the Islam Supremacists blurred the line of difference between jihad and ijtihad, giving jihad a fundamentalist view which later came to be established as the very basis of terrorism. The upheaval this religion of peace is facing due to fundamentalist overtone is heart-wrenching. The most recent case is that of Switzerland voting to ban minarets for mosques. As per the poll held, 57% of the Swiss people voted against allowing minarets to Muslim mosques.59 This in itself is indicative of rising intolerance towards Islam in a country (Switzerland) where about four-million people are Muslims. In authoritative terms the Holy Quran by virtue of Verse 2:177 states the Islamic idea of religion as, “True piety does not consist in turning your face towards the east or the west; truly pious is he who believes in God, and the Last Day and the angels and revelation and the prophets; and spends his substance however much he himself may cherish it upon his near of kin, and the orphans and the freeing of human beings from 54
Prophet Muhammad (PBUH) was of the belief that the common thread that binds together the whole of mankind is “humanity”. Any propaganda that a particular religion, race or tribe is bad is ipso facto Anti-Islamic. 55 The Holy Quran describes Allah as Al-Rahman al-Rahim, that the one who is the most compassionate and the most merciful. The Holy Quran humbly commands that any Muslim who is not compassionate would never be true Muslim. 56 In Islam, one of the names of Allah is Haq that is “Truth”. Islam holds that without being truthful and engaged in constant quest for truth one can hardly be religious. 57 See: James Burke, The Day the Universe Changed, Little Brown & Co., September 1987 58 See: Azra Awan, Human Rights in Islam, Why Islam?, http://www.whyislam.org/islam/human-rights-in-islam/, Visited on: 25-10-2014 59 See: Nick Cumming Bruce & Steven Erlanger, The New York Times, Swiss Ban Building of Minarets on Mosques, 29 November 2009, http://www.nytimes.com/2009/11/30/world/europe/30swiss.html?_r=0, visited on: 30-10-2014. Also see: Swiss Voters Back Ban on Minarets, BBC News, http://news.bbc.co.uk/2/hi/8385069.stm, Visited on: 01-112014
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bondage, and is constant in prayer and renders the purifying dues, and they who keep their promises whenever they promise and are patient in misfortune and hardship and in time of peril: it is they that have proved themselves true, and it is they, who are conscious of God.” Quran stands staunchly against inter-religious hatred. The Holy Quran subscribes to the doctrine of wahdat-i-din, that is, unity of religion. Shah Waliullah and Maulana Azad in their respective writings have thrown immense light over this doctrine. Prophet of Islam always maintained that a true Muslim is the one who shows tolerance and respect for religious, cultural and ethnic diversity. The Holy Quran has always maintained that din (religion) is one, though laws (sharia) differ from religion to religion. Differences in these laws are because of customs, traditions, culture and practices, and not because of principles and values. Right to a basic standard of life: A basic standard of life includes the minimum necessary essentialities for survival that is food, clothing, shelter and medical attention. The Shariah law upholds that anyone who is deprived of these necessities is entitled to receive reasonable aid to meet their respective needs. It is the duty of every Muslim (having adequate means of wealth) to donate from his wealth a certain portion (approximately 2.5% of the net annual savings) towards charity in order to eradicate poverty from the society. The Holy Quran by virtue of Verse 51:19 states, that a righteous believer is the one who gives a rightful share of his wealth to the needy and the deprived. Islamic States are not only obliged but are also obligated to spend from their treasury sums necessary to support the poor and the disadvantaged. The Holy Quran states by virtue of Verse 76:8 and 76:9 that, “the truly virtuous are those who give food- however great be their own want of it unto the needy, and the orphan, and the captive, (saying in their hearts) we feed you for the sake of God alone: we desire no recompense from you, nor thanks”. Islam believes that zakat (alms giving) cleanses ones’ heart from greed and materialism, and also removes jealously and hatred from the hearts of the poor. Zakat fosters social integration, collaboration, compassion and respect in the hearts of all human beings. Zakat enhances the well being of the whole society and aims for the establishment of a just social order; egalitarian society with utopian ends. Right to Justice: The Holy Quran holds that all creatures on earth (not just human beings) have a right to be treated with justice. By virtue of Verse 5:8, the Holy Quran holds that being just is nearer to being pious. The Holy Quran has not defined kafir 29
as a non-believer in Islam but as an individual who lives for himself and is ready to make serious compromises with fundamental values of life such as truth, justice, compassion and human dignity for his own malignant vested interests. It is an intrinsic belief of Islam that enmity with a person or a community should not come in the way of justice. In case of any crime committed by an individual, the Quran holds that he/she should not be put to punishment without a fair trial which includes not only right to be heard but also right to be given punishment strictly in proportion of the crime committed (that is, where a scissor suffices, sledgehammer must be avoided). The philosophy of “justice for all”, lies at the very core of the Islamic teachings. The Quran does not give any concept of State. It gives only the concept of society; a just, exploitation free society and State whose form might change from time to time. In the contemporary times, it was only after the advent of socialism that justice to the weaker sections of the society became important and came to realisation. But still the weaker sections of the society suffer from the structural orientation of what came to be known as the modern capitalist society. The Quran requires the weaker sections of the society to be treated with full dignity and requires justice to be done to them. The Holy Quran says, “Those who do not give their due to orphans, widows and poor are beliers of din (religion)”. The Communist Manifesto of Karl Marx spoke of dictatorship of the proletariat, but the Quran more than 1400 years ago talked about the rule by the weaker sections of the society to establish a welfare state. However, the Quran never spoke of dictatorship by the weaker sections of the society, because Islam believes that dictatorship leads to injustice and absolute power corrupts absolutely. The pity is that one hardly finds social or political justice in Islamic countries today. Most Muslim countries are still wallowing in feudal or semi-feudal eras where the concept of justice is feudal in orientation. It is high time to realise that the Quranic concept of justice transcends both tribal and feudal eras, for it is universal in nature. Matters of justice have been dealt with at different levels in the Quran. First is ‘adl in shahadah (that is bearing witness). The Quran commands that one should be very honest while narrating what one saw or knew about when one is called upon to bear witness. True Muslim is the one who bears honestly even if it goes against himself, his parents or relatives.60 Second is economic justice. The Prophet of Islam strictly 60
See: The Holy Quran, Verse 4:135
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prohibited any exploitation and to great extent even condemned share-cropping, he required believers to give away the land to cultivators if one does not cultivate land. Muhammad (PBUH) opined in few authentic hadith that billing interest on the money lent to the poor, needy and downtrodden was haram. Third is justice in regards to trade and commerce. Islam prohibits speculative trading such as hoarding and black marketing. Quran requires that honesty must be exercised in measuring and weighing of commodities while selling and buying.61 Fourth is justice in regards to payment of wages. According to one of the authentic hadith, Muhammad (PBUH) stressed that one should pay wages to the hired worker before his sweat dries up and by ‘wages’ he meant ‘just wages’.62 Right against Slavery: Muhammad (PBUH) always called himself as the “Servant of Allah”. He firmly believed that every human being if at all is to prostrate, then is to prostrate before Allah. He encouraged freeing slaves and introduced Islamic regulations to eliminate slavery. Slavery pre-existed Islam (that is Muhammad’s time). Slavery was an integral part of many social systems in the world. Human beings as slaves were traded and were at most considered as assets and part of the wealth of the people. Advent of Islam saw abandonment of slavery. Repentance from violations of Islamic rules in Islamic States required releasing of slaves or buying a slave from someone and then freeing him or her. Muhammad (PBUH) encouraged believers to release slaves for the sake of Allah. On one occasion he saw a person named Abu Mas’ud Al-Badri hitting and lashing his slave. Muhammad said to him firmly: “You should know that God is more able and has more power above you than your ability or power above this slave”. On hearing this Abu Mas’ud recollected himself from anger and said to Muhammad (PBUH) apologetically, “I will release him for the sake of Allah”. Muhammad reverted back by saying, “If you don’t do that Allah will forgive you not”. Protection of the rights of the orphans: The Holy Quran commands all believers of faith to protect the rights of the orphans and to treat them with kindness and justice. The Holy Quran holds, by virtue of Chapter 4, Verse 10, “Indeed, those who consume the wealth (or property) of the orphans unjustly are only consuming fire 61
See: The Holy Quran, Verse 17:35 and 26:182 As per one of the authentic hadith, once owner of an orchard brought a child to the Prophet (PBUH) accusing the child of theft of fruits and thereby requested the Prophet to order that the hands of the child should be chopped off. On enquiry the Prophet found that the child was under-paid and hence was hungry and so he stole the fruits to satisfy his hunger. The Prophet scolded the owner telling him that not of the child but hands of the owner should be chopped off for having stolen the wages of the child. Prophet ordered the owner of the orchard to not only pay the child just wages plus also to take note of the child’s education and all of his fundamental necessities. 62
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into their bellies. For they (false acquirers) shall roast in the hellfire under the command of Allah.” Muhammad often said, “I and the person who looks after an orphan will be in Paradise”.63 Protection of the rights of the heirs: According to the Islamic law, when an individual dies, his or her closest family members are entitled to get determined (stipulated) portions of the inheritance (property and wealth of the deceased individual). Islam does not permit an individual to bequeath more than one-third of his wealth (by way of will) for charity. This is to protect the inheritors’ rights and to ensure fair distribution of the inheritance among all the inheritors.64 The essence of human rights in Islam can be summarised in the following saying of the Prophet (PBUH): “Faith in God can be branched into more than 70 parts topped by testifying the oneness of God. The last part is removing harm from people’s way.”
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See: Sahih Al-Bukhari (34/8) Once, Muhammad (PBUH) visited one of his companions who had just recovered from an illness. The man said he owned a great deal of wealth and had only one daughter as the inheritor. He asked the Prophet if he can leave twothirds of his wealth as a charity. Muhammad said: “No”. The man asked, what about one-half of the wealth? Muhammad said: “No”. The man said, what about one-third of the wealth? Muhammad said: “Yes”. The Prophet further said, “To leave your heirs wealthy is better than leaving them poor asking for help”. 64
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Chapter 3: Rights of Women in Islam The Holy Quran declares men and women as complimentary to each other: “O men, they (women) are as a garment for you, and you are as a garment for them”.65 Out of the 114 chapters of the Holy Quran none is dedicated to “man” alone. One chapter (An-Nisa) is not only named “The Woman” but deals in detail with the rights and the status of woman in the family and society. Interestingly the Holy Quran spoke with progressivism at the time when women were condemned as an eternal danger to mankind with Tertullian (the great Carthaginian theologian, 160 C.E. to 230 C.E.) castigating women in the following words: “You are the devils gateway; you are the un-sealer of that forbidden tree; you are the first deserter of the divine law; you are the one who persuaded Adam to commit the wrong. You carelessly destroyed the image of man in the eyes of God. On account of your desert, even the son of God had to die.”66 Even Saint Augustine (354 C.E. to 430 C.E.) said, “Whether it is in a wife or a mother, it is still Eve (the temptress) that we must beware of in any woman. If it was good company and conversation that Adam needed, it would have been much better to have two men together as friends, rather than a man and a woman”. Contrary to the Old Testament, the Quran explains that both Adam and Eve (not Eve alone) were lured and deceived by the Satan.67 So according to the Quran, woman is not an organ of the devil. It will be relevant for us to draw inspiration from the words of social activist, Asghar Ali Engineer68, before we start with this topic in comprehensive detail. “Every scripture, whether it is the Bhagvad Gita, the Torah, the Holy Quran or the Holy Bible, must be read in isolation, separate and distinct from the historical practices that surrounds the particular religion. What is written in the scripture is often quite different from the prevailing historical practices. When conducting inter-religious dialogue (for better and progressive understanding of the religions), we often take the best from one scripture and compare it with the worst of historical practices of the other religion to prove the superiority of one religion over that of the other. This is 65
See: The Holy Quran, Verse 2:187 Karen Armstrong, The History of God, Ballantine Books Publication, New York, 1993 Edition, p.124 See: The Holy Quran, Verse 2:36, “Then Satan made both of them slip there from (Paradise) and got them out from that in which they were”. 68 Asghar Ali Engineer is a writer, scholar and social activist of repute. He is a prolific writer on Islam, rights of women in Islam and issues pertaining to communal and ethnic problems in India, South Asia and Islamic States. He is a recipient of the National Communal Harmony Award (1997) and the Right Livelihood Honorary Award (2004). 66 67
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downright dishonest comparison. If likes are to be treated alike then scripture should be compared with scripture and historical practices should be compared with historical practices. What a scripture prescribes is an “ideal”, historical practice depends on factors like interpretation, pre-existing cultural traditions and selfish interests of the practitioners. Hence, what was factually stated in the Holy Quran about the rights of women was never practiced in Islamic societies as these societies were patriarchal in structure and their culture and tradition could not accept gender equality, thus ways were found to violate the norm of gender equality. Hence it will be out-rightly wrong to blame the Quran for gender oppression as prevalent in the Islamic societies. According to Ibn Hazm (the 14th century jurist from Spain), the fundamental source for Islamic jurisprudence is the Quran. Ibn Hazm systematically placed the verses of the Quran in three categories- first, those verses which need no other source to understand; second, those verses which can be understood in the light of other verses of the Quran; and third, those verses which can be understood in the light of authentic hadith (by authentic we mean that hadith which has been narrated most reliably by many narrators). Ibn Hazm was of the opinion that if this method of holistic study of Quran is adopted then much of the text of the Quran can be understood to be of progressive orientation and this progressivism can in fact be used to revolutionize the existing family laws. Depending on the creative interpretation (and not re-interpretation) of the Holy Quran, Ibn Hazm was of the opinion that if a man is economically weak and the woman who wishes to be divorced, well off, then it is for the divorced wife to maintain her former husband, something which the modern law of today stipulates and maintains. In definite terms in Islam, a wife is not considered as a part of her husband’s belongings. She has a unique identity. When a woman gets married, she does not need to change her surname, as a matter of religious requirement in Islam. Her identity is preserved and her wealth is protected by the Islamic laws. When the husband dies, she is considered in ordinary capacity as one of the heirs in her husband’s property. In Pre-Islamic Arabia, women were treated as chattel. Gender Equality in Islam: It is believed that even philosophers of the stature of Aristotle thought women and animals had no soul. It was gender liberalism post the Quranic revelation that stood for the first time for women empowerment, freedom and liberty. Islam as a gender-equal religion has always stood for women liberation. 34
Many instances can be quoted in this regard from the time of the Prophet itself. With men and women standing equal Hazrat A’isha led the battle of Jamal (Camel). Shifa Bint-e-Abdullah was appointed as market inspector by Hazrat Umar. Least to be forgotten, it was a woman who saved Prophet’s life in battle of Uhud by taking the blow of the sword on herself. Prophet always opined that, “Women are the twin halves of men”.69 Throughout the Quran, men and women have been described as equally responsible for their respective deeds (for which they shall be given equal reward or punishment). Verse 33:35 must be give special emphasis in this regards, besides all other verses of the Quran. Often Muslim men impose their superiority over women by saying that if women were equal to men then why did not Allah graced prophet-hood over any woman? Mumtaz Ali Khan (author of the book Huququn Niswan) answers this very convincingly, he says there have been 124,000 prophets; we hardly know the names of about only a dozen of them. How can we say that there had been no woman prophets? Muslim Women and Hijab70: A great deal of controversy arose when some Kuwaiti women, elected to the Parliament of Kuwait refused to wear hijab and fought for their right to go to the parliamentary sessions without wearing one.71 Despite mixed public opinion and enveloping controversy, they fought their case up to the Supreme Court of Kuwait and won.72 The Holy Quran (as the primary source of Shariah law) does not refer to hijab (the veil) for ordinary women at all. On the other hand it advises women of faith not to display their zeenah (adornments) publicly but at the same time refrains from defining what constitutes zeenah or adornment.73 It has been defined by various commentators depending on their cultural environment with 69 As narrated by Tirmithi. According to some other narrations Muhammad indicated that, whoever had one or more daughters and he properly looked after them until they became independent, would get into the paradise of the God. 70 It is to be noted that different types of purdah are observed in different Islamic countries and communities. Women wear the abaya in Saudi Arabia which covers her entire body from head to toe. In Iran, women are required to wear chador, which generally covers the head. In Indian subcontinent, some women wear an overall black coloured veil that covers the entire face with the exception of the two eyes, while women wear a burqa with the face not been covered. The kind of purdah we observe differs from country to country and from community to community. To know the Quranic position, it is necessary to know that in Arabic, veil is called hijab which means to cover, to hide or stand in between. The Quran does not use the word hijab for women in general; instead it exhorts women not to display their zeenah (charms) publicly. 71 See: Richard Spencer, Kuwaiti women MPs refuse to wear hijab in parliament, The Telegraph, 12 October 2009, http://www.telegraph.co.uk/news/worldnews/middleeast/kuwait/6307598/Kuwaiti-women-MPs-refuse-to-wear-hijabin-parliament.html, Visited on: 02-11-2014 72 See: Headscarf not a must for female lawmakers in Kuwait, The Gulf News Kuwait, 28 October 2009, http://gulfnews.com/news/gulf/kuwait/headscarf-not-a-must-for-female-lawmakers-in-kuwait-1.520316, Visited on: 0211-2014 73 See: The Holy Quran, Verse 24:31
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necessary differentiation. The Quran does not even comment whether or not women should cover their heads, let alone faces. What it says is, “except what appears thereof” (Verse 24:31) leaving space for interpretation. There is near agreement among commentators that face and two hands should remain open. However, the Quran advises women to cover their breasts.74 Burqa became a topic of debate after the French President, Nicolas Sarkozy, talked of banning it in France.75 One can very well question the intention of the President for it appears to be rather an interference in regards to the right of an individual to practice/propagate his/her religion; and his pronouncement of burqa as undemocratic as an interference with the personal freedom of an individual. However, so far as Muslim scholars, theologians and intellectuals are concerned, the debate is altogether different. It is argued that the Quranic Verse 24:3176, hardly talks about the necessity for a Muslim women to completely cover her face, revealing only her eyes.77 In fact the Verse 24:31 begins by exhorting both men and women to lower their gaze when they meet each other. If women were required to wear veil, covering their face, where stands the question of lowering their respective gaze? What Muslim women are made observe in the name of hijab is a social custom from feudal ages when all sorts of restrictions were imposed on them and it was thought that the rightful place for women was at home, to serve their husband and children. Further, the word hijab has been used in the Quran only for the wives of the Prophet (PBUH) that too in the Verse 33:35, to exhort men not to enter the house of the Prophet without invitation and not to linger around talking to the wives of the Prophet. This was because some men had the tendency to linger post-dining at the house of the Prophet, indulging in talks with the wives of the Prophet. 74 Asghar Ali Engineer, Islam: Restructuring Theology, Vitasta Publishing Pvt. Ltd., 2012 Edition, Chapter 15: A Fatwa that Stirred Muslims, p.45 75 See: Nicolas Sarkozy Pushes for Burqa Ban in France, The Telegraph, 12 November 2009, http://www.telegraph.co.uk/news/worldnews/europe/france/6556300/Nicolas-Sarkozy-pushes-for-burqa-ban-inFrance.html, Visited on: 26-10-2014 76 See: The Quranic Verse 24:31- “And tell the believing women to reduce [some] of their vision and guard their private parts and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their head-covers over their chests and not expose their adornment except to their husbands, their fathers, their husbands' fathers, their sons, their husbands' sons, their brothers, their brothers' sons, their sisters' sons, their women, that which their right hands possess, or those male attendants having no physical desire, or children who are not yet aware of the private aspects of women. And let them not stamp their feet to make known what they conceal of their adornment. And turn to Allah in repentance, all of you, O believers that you might succeed.” (Sahih International) 77 Even most orthodox Ulema agree that the Verse 24:31 does not imply that women should cover their faces. In fact, there is consensus that women should cover their heads and other parts of body except face and two hands. See: Asghar Ali Engineer, Islam: Restructuring Theology, Vitasta Publishing Pvt. Ltd., 2012 Edition, Chapter 9: Purdah: What does the Quran say?, p.27-28
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Women Empowerment through Education: Scholars of religious studies (such as Karen Armstrong) believe that Islam was the first religion which made it obligatory for men and women both to acquire education.78 Prophet of Islam went to the extent of saying, “Ink of the scholar is more sacred than the blood of the martyr”. The pity is that the Taliban-oriented understanding of Shariah law is taking the world by storm. Earlier Taliban fundamentalists burnt more than 400 girl-schools (in the Pakistan Swat Valley) stating that it is not permissible for girls to go to school79; later, they agreed to re-start the bombed schools provided girls wore hijab. Left best to their lameness, they themselves don’t know which Shariah position is correct. If the girls could have gone to the schools with hijab, why did they then burnt, the girlschools in the first place? To speak affirmatively, it can be said that Taliban fundamentalists are tribal first and then Muslims, they perceive the Islamic law (Shariah) static, with no knowledge of the dynamic principle of Islam, that is, ijtihad. The Shariah law too needs to change with only the underlying values and norms remaining the same. Taliban fundamentalists are incapable of understanding the dynamics of the changing world. They need to be told that it is not Allah’s will to keep the world He created as static. It can very well be found in Surah-al-Rahman Verse 29, “…Every day He manifests Himself in yet another wonderful way”. Wherever the Holy Quran uses the word ‘alim or ulema’ it is to include both men and women and not men alone. Other religions may or may not have put restrains on women, preventing them from acquiring knowledge but Islam never did so. Islam, Women and Inheritance: The moot question which is often contested so far as the religion of Islam is concerned is that if men and women are equal in Islam and both enjoy equal rights and liberties, then why does a woman gets half that of the property which her brother gets so far as the Islamic laws of inheritance are concerned? It is said that traditionally, there were no rights of inheritance for the daughters, Islam created such rights. In primitive societies women were not earning and were not contributing to the family wealth. Post marriage they would go to their husband’s house and get share in her husband’s property. Additionally, she would get mehr at the time of her marriage accompanied with a promise for maintenance. It is argued, given all this, will it amount to injustice if a woman gets half the property 78
According to a well-known hadith; acquiring ‘ilm (knowledge) is obligatory (faridat) on all men and women. Also, the Holy Quran uses the word ‘ilm and its respective derivatives hundreds of times but has no-where said that women cannot obtain education. The first wahi begins with the word iqra’ (recite) and many women accepted Islam much before their male counterparts and recited the Holy Book regularly. 79 Asad Hashim, The Fight for Education in Pakistan’s Swat, 15 October 2012, http://www.aljazeera.com/indepth/features/2012/10/2012101516347715708.html, Visited on: 03-11-2014
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which her brother gets as inheritance as per the Islamic laws? The question is open ended and is very much debatable. The contentions are: firstly, women may not always get substantial mehr (at times she gets just nominal mehr); secondly, these days the middle class women work and contribute to the family wealth and prosperity, so she is entitled to a larger share; thirdly, in many cases women may not get married and hence would not get mehr and they will have to maintain themselves after their parents death. It is interesting to note that the Quranic verses dealing with the issue of inheritance end with proviso that after paying “a bequest you may have bequeathed or a debt”80, the Quran has repeated this twice. Thus it can be seen that four times the Quran lays stress on bequest or debt, if any on the part of the deceased and then remaining will go to the inheritors as laid by the Quran. Hence, the individual who leaves behind his property has every right to make will in favour of anyone he likes. The Jurists have argued that these verses were annulled after the verses on inheritance were revealed. In the book, Giqh-al-Quran (Seventh Volume, Karachi, 1986), Maulana Umar Ahmad Usmani strikes an interesting insight on this issue. Therefore, the Quranic injunction for will stands and father has every right to will extra in favour of his daughter who hasn’t or does not want to marry, or is physically challenged, or is otherwise contributing to the family income. Quran is believed to have created a share in property for the women where it did not exist as among the Arabs in the Pre-Islamic Arabia; Quran gave women equal rights putting them at par with their male counter-parts, keeping in line with the cannons of justice, especially in the area of inheritance of property by way of will (wasiyyah). 80
See: The Holy Quran, Verse 4:11 and 4:12 Verse 4:11- “Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one's estate. And if there is only one, for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is all knowing and wise.” (Sahih International) Verse 4:12- “And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt. And for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment [caused]. [This is] an ordinance from Allah; and Allah is all knowing and forbearing.” (Sahih International)
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Divorce on Triple Pronouncement of “Talaq”: Divorce by triple pronouncement of the word “talaq” was a customary practice (‘aadat) that was prevalent in Arabia before Islam as a religion of peace and faith took over Arabia. Quranic right of khul’a (right of a woman to divorce her husband) today stands amidst great controversy. As per one authentic hadith, Muhammad (PBUH) made this right an absolute right of the woman, but gender biased Islamic jurists over the years read into this hadith aspects such as “need of prior approval of the husband”, thus they derogated this right in absoluteness. Islam and Polygamy81: Many Muslim ulema are of the opinion that Muslim men have a ‘right’ to marry up to four wives, that too without even consulting the first wife or wives (if there are more than one). The reasoning which they (ulema) give is that, the right to marry up to four wives helps to keep a check over prostitution in the society. The Holy Quran does not even indirectly justifies, polygamy on such grounds. It is necessary to understand that the general background amongst which the Quranic verse dealing with the issue of polygamy was revealed to Muhammad (PBUH). This Quranic verse dealing in with polygamy was revealed to Muhammad (PBUH) after the battle of Uhud in which nearly 10% of the total Muslim males were killed, thereby polygamy was allowed to upkeep the ethos of widow re-marriage and 81
Polygamy pre-existed Islam. It is known that Prophet Abraham was married to Sara (the mother of Isaac) and Hagar (the mother of Ishmael). Also, it is narrated that Jacob had four women in his life, two wives and two concubines. See: Genesis 32:22, 32:23 and 32:24. Even in religions prior to Christianity, such as Hinduism, polygamy was very much prevalent. It was only in 1954, when the Hindu Marriage Act was passed that it became illegal for a Hindu man to have more than one wife. It is the Indian law and not the Hindu religious text that restricts polygamy. Prophet Muhammad and Polygamy: Muhammad (PBUH) was married to Khadijah for almost 25 years. After Khadijah passed away, he re-married a poor widow named Sawdah. Sawdah’s husband passed away after they returned from Abyssina (the country where Muhammad sent some of his companions to seek refuge). Muhammad’s marriage with Sawdah was a form of support for her. Muhammad was almost 50 years old when he married Sawdah, who then was older than him. Few years later, Muhammad married Aisha, the daughter of his friend and companion Abu-Bakir. The marriage came as an honour for Abu-Bakir and Aisha. Two years later, Hafsa (the daughter of Muhammad’s close companion Omar) lost her husband in the battle of Uhud. Omar wanted her daughter to get married to one of his trusted friends. Muhammad agreed to marry her. Later, Muhammad married the daughter of Abu-Sufiyan. Abu-Sufiyan waged war against the Prophet for almost 20 years. Daughter of Abu-Sufiyan was one of the early Muslims who migrated to Abyssinia with her husband and lived there for almost 15 years. Her husband, later, converted to Christianity and thereafter passed away, she was left alone. Muhammad proposed her and later married her. Bani Al-Nadhir was one of the Jewish tribes that betrayed Muhammad and strategized against him. After Muhammad besieged them in their city Khaybar, they surrendered. Safiyya, the daughter of their leader was amongst those who were captured. Muhammad released her and proposed marriage to her. Safiyya accepted the proposal. The same year, Muhammad (PBUH) sent a messenger to the ruler of Egypt who was Christian, calling him to accept Islam. The Egyptian ruler refused to accept Islam with a polite apology. Along with his apology he sent Muhammad gifts and a concubine named Mariya (or Mary). Muhammad accepted the gifts and later married Mariya. Three things worthy of note are: firstly, Muhammad was strongly against the conferment of title of ‘concubine’ in regards to any women; secondly, Muhammad never married any women against her particular will and consent; and thirdly, in regards to all women Muhammad married, the basic agenda was to uplift their status and to grant them physical protection and mental-emotional security. Muhammad throughout his life gave full stress and emphasis on Chapter 4, Verse 3 of the Holy Quran which states, “A man can marry a second wife if he can demonstrate full respect, justice and impartiality to his wives”. Muslims were not allowed to marry any of the wives of Prophet Muhammad after he passed away because they were like their mothers.
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so that the widows generally and the orphans in particular can be taken care off. Thus, polygamy in Islam has nothing to do with prostitution. Going strictly by Quranic interpretations and without delving into the controversy of what a hadith or ahadith speaks over the matter, we can very well say with utmost confidence that: a. Islam through the Holy Quran, grants woman a right to enter into the marriage contract all by herself (in absence of fraud, coercion, undue-influence and misrepresentation) and without her consent no marriage could be held valid. However if we delve into the interpretations which Islamic scholars derive from the hadith and ahadith, it can be said that even silence of the girl can be construed as her consent and if she cries when asked whether or not the marriage is acceptable to her, it shall mean that she is consenting to the marriage and is crying because she would be separated from her parents. This makes us remember of the famous line by Lon L. Fuller (as stated in the Speluncean Explorers Case), “You can break the law without breaking the letter of it”. b. The Quranic Verse 4:382 was revealed to do justice to widows and orphans and to protect their properties. It was not revealed to allow the Muslim men to marry any women but only widows and orphans to ensure protection of their properties. Scholars such as Mumtaz Ali Khan opine that there is no clarity in the Verse 4:3 as to whether Quran allows four wives simultaneously, or one after other or divorcing one and marrying second and so on, thus to say polygamy is given open permissibility in Quran is out-rightly wrong. c. Many ulema of great repute advocate polygamy in Islam on the grounds that it is needed to check sexual corruption in the society. There are two verses in the Holy Quran on this subject, Verse 4:3 and Verse 4:129. In both of these verses there is not an even indirect hint of any such kind (polygamy permissible in Islam to check sexual corruption and prostitution in the society). When both the verses of the Quran (4:3 and 4:129) are read together in the light of each other, it becomes clear that the Holy Quran permits polygamy most reluctantly
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The Holy Quran, Verse 4:3, “And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one or those, your right hand possesses. That is more suitable that you may not incline [to injustice].” (Sahih International)
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(like in certain conditions such as that of war) and makes it conditional to justice83. Women held as ‘Half Witness’ in Islam: It is often asked, why Islam holds women ‘half witness’, if both men and women are equal in Islam. Mumtaz Ali Khan in his much debated book, Huququn Niswan, writes with certain degree of conviction that, the Quran does not say that women are half the witness but only recommends that in financial transactions have two women and one man if two men are not available. This is a privilege rather than a stigma. Two women have been suggested because often women are not available because of some or other problem such as menstruation or pregnancy. Such privilege is not available to men. On scales of reason and logic, the rationality of this answer can be much debated. Concept of Muta Marriage: Islam as a gender-sensitive and gender-equal religion grants no permissibility to the muta concept of marriage and this can be said with utmost conviction in the light of the Quranic text. Broadly speaking, muta marriage is a kind of “temporary marriage” recognised in the Shia school of the Muslim Law. The term muta marriage may be defined as “marriage for pleasure”. Muta marriage is a temporary marriage, for a defined period of time, fixed after the determination of dower. This concept of marriage is not recognised in the Sunni school of the Muslim Law because according to it, marriage although is a contract but such a contract cannot be restricted in its duration and the acceptance rendered at the time of proposal in the nikah denote an immediate and permanent union. Under the Sunni school of Muslim Law, a marriage specifically declared for a limited period of time is void. To draw specific distinction between nikah and muta marriage it can be said that: (a) Muta is temporary marriage contracted for a limited period and terminates ipso facto with the expiry of stipulated term or by hiba-i-muddat (gift of the term) or by death while nikah is permanent marriage which may be dissolved by divorce or death; (b) Muta is recognised among Shias but not among the Sunnis, nikah on the contrary is recognised by both the sects; (c) Muta marriage does not confers any mutual right of inheritance between the wife and the husband. However, the children procreated as a result of, muta cohabitation are given the right to inherit both from the mother as well as the father; (d) Divorce is not recognised in muta marriage. It is recognised in nikah. A muta husband can distance his wife by hiba-i- muddat; (e) In muta 83 Verse 4:129 of the Holy Quran reads, “And you cannot do justice between wives, even though you wish (it), but be not disinclined (from one) with total disinclination, so that you leave her in suspense…”
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marriage, if it is unconsummated, the wife is entitled to only half of the dower while in nikah the wife gets full dower, no matter, whether the marriage is consummated or not; (f) Muta wife is not entitled to maintenance. In nikah, she is entitled to maintenance. The Holy Quran never gave permissibility to this (muta) form of marriage. Nikah is perfectly in line with the Quranic text. Child Marriages and Islam: Many Arab countries endorse the practice of marrying underage girls on the arguments that such practices help young girls in avoiding spinsterhood or the temptation of engaging in relationships outside the wedlock. Reports show that most of such marriages are driven by poverty, mostly in countries like Yemen, so far as countries like Saudi Arabia are concerned, child marriage is more of a tribal tradition which is practiced in the name of Islam. The traditional jurists and theologians of Islam are of the belief that Islam permits child marriage, because the Prophet of Islam married Aisha when she was just 7 years old. Modern research on the other hand claims that it is doubtful if the Prophet of Islam married such a young girl. It is established that the hadith regarding the marriage of Hazrat Aisha appeared 300 years post the death of the Prophet (PBUH), thus it cannot be emphatically be relied upon. More-so-over, the Quran describes marriage as a strong covenant (mithaqan ghaliza), thus if marriage is contractual then how can one enter into a contract with a child who is hardly conscious of the implications of such a marriage? Further, Islam holds that the contractual nature of marriage cannot be altered. It is because of this reason that the Hanafi School of Islamic Jurisprudence has made a provision for what is called as the “option of puberty” (khiyar-al-bulugh). According to this provision, if a child is married pre-puberty, she has the option of repudiating the marriage on achieving puberty. Child marriages which might be seen as permissible under garb of Shariah are completely not permissible under the norms of Islam (the Quran). What is known as the Shariah includes a number of Pre-Islamic Arab traditions and customary practices known as aadat. Principles formulated by Islam based on the Holy Quran are not only divine but are also universal, but when customary practices mix with these divine injunctions, the nature of these injunctions remain no more divine and rather becomes rudimentary. Marital Rape in Islam: A great deal of controversy surfaced when the then President of Afghanistan, Hamid Karzai signed a bill legalising the use of force by
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the husband to intimidate the wife into physical intimacy.84 Post the signing of the bill, the hue and cry created by the human rights activists and the various other women organisations not only forced him to withdraw the bill but also seek apology.85 The moot question remains, does Islam allows marital rape? According to some Islamic Jurists, post the marriage and the payment of the mehr amount, the husband acquires a right over the wife and she cannot refuse her husband to have coitus with her. However, the Quran declares that nikah and mehr do not make the husband the owner of the body of the wife. Though in Islam marriage is a contract; but the Quran calls marriage a strong covenant (mithaan ghaliza).86 It is necessary to understand and appreciate that Islam too believes that all contracts are subject to certain conditions especially the marital contract between two human beings. Quran calls marriage a covenant but treats it like a sacrament which gives rise to a relationship of love, care and trust between two individuals.87 If the Holy Quran by virtue of Verse 2:187 describes husband and wife as libas (garment) for each other, then how can it justify marital rape? The Quran holds that the very philosophy of marriage is based on love, care, companionship and mutual respect. The Quranic Verse 30:21 reads as follows, “And of His signs are this, that He created mates for you from yourself that you might find quiet of mind in them, and He put between you love and compassion. Surely there are signs in this for people who reflect.” The Quran nowhere says that the husband acquires a right over the body of his wife after he pays mehr to her. This is very disguising conception of marriage. The Holy Quran is so sensitive to the rights of the wife that it even allows her to refuse to suckle her child if she so decides.88 To say that the Quran allows marital rape is to read Quran under the influence of male chauvinism and patriarchy.
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See: Ben Farmer, Hamid Karzai Signs Law Legalising Rape in Marriage, The Telegraph, 31 March 2009, http://www.telegraph.co.uk/news/worldnews/asia/afghanistan/5080797/Hamid-Karzai-signs-law-legalising-rape-inmarriage.html, Visited on: 22-10-2014 85 See: Jon Boone, Karzai bows to International calls to scrap Afghan ‘rape’ law, The Guardian, 05 April 2009, http://www.theguardian.com/world/2009/apr/05/afghanistan-shia-rape-law-scrap, Visited on: 23-10-2014 86 See: The Holy Quran, Verse 4:21 87 The Quran describes the relationship between the husband and the wife as that of mawaddah and rahmah; that is of love and compassion, each seeking solace in the other (li taskunu). See: The Holy Quran, Verse 30:21 88 See: The Holy Quran, Verse 65:6, “Lodge them where you live according to your means and injure them not to strait them. And if they are pregnant, spend on them until they lay down their burden. Then if they suckle for you, give them their recompense, and consult one another in a fair manner and if both disagree (that the mother should suckle the child), let another woman suckle (the child).”
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Lastly, it will be wise to repeat the words of Asgar Ali Engineer that, if the Muslim women do not progress then the Muslim community cannot. It is necessary for most of the Islamic States (particularly Saudi Arabia) to realise that women form half the population of the Muslim community and if half the population is kept backward then how can the entire community progress? Many Muslim women have shown that they are great achievers (Zahida Manzoor, Sadia Dehlvi, Baroness Warsi, Malala Yousafzia and Mishal Husain) and given opportunities they are behind none. Thus, if Muslim community in general and Islamic States such as Saudi Arabia give them (Muslim women) their rights and full freedom, a great potential of energy pent up for so long will be released that Muslim ummah will be in for greater achievements and much favourable times.
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Chapter 4: Environment and Animal Rights in Islam Muhammad (PBUH) preached his followers and companions that all individuals have equal rights in natural resources. Natural resources are the gift of God to all mankind and hence must not be wasted and must not be monopolised. Muhammad (PBUH) preached that all individuals have equal shares in grass (green cover), fire (energy) and water; except for things legally privatised. The Prophet of Islam was very vocal so far as protection of environment is concerned, he commanded his followers that a true Muslim is the one who does not pollute the environment; damage the environment; waste or overuse the natural resources and uses the natural resources efficiently, considering recycling. Prophet Muhammad often emphasised on Verse 14 of Chapter 23 of the Holy Quran which says, “Flora and Fauna are the best of creation of God”. “No Harm” was the general rule with which Muhammad (PBUH) complied with, he often quoted that protecting the natural resources and preserving the environment are the best of duties of the mankind. The Prophet of Islam condemned water wasting and overspending and always emphasised on water rationing. He considered it a sin to pollute stagnant water or urinate in it. Muhammad (PBUH) asked his followers to draw inspiration from Chapter 21, Verse 3089; Chapter 17, Verse 2790 and Chapter 7, Verse 3191 of the Holy Quran. Add Value to the Environment: Muhammad was of the belief that it is the responsibility of every human being to add value to the environment even if the whole universe is collapsing and life is ending on this planet for better or for worse. Muhammad (PBUH) is often seen quoting that those who believe in God and the Last Day, must add value to the environment and must protect and preserve the environment, for Almighty does not like those who cause mischief and destroy the crops and cattle. In most of his lectures and sermons, Muhammad emphasised on Chapter 28, Verse 77 of the Holy Quran which speaks as follows: “And seek the dwelling of the Hereafter and don’t forget your portion of lawful enjoyment in this world and do good as Allah has been good to you and seek no mischief in the land, Verily Allah does not like those who cause mischief.” 89
The Holy Quran- Chapter 21, Verse 30: “Out of water, ‘We’ made every living creature.” The Holy Quran- Chapter 17, Verse 27: “Verily the spendthrifts (wasteful people) are the brothers of devils and the Satan has ever been ungrateful to his Lord.” 91 The Holy Quran- Chapter 7, Verse 31: “Eat and drink with no extravagance. Certainly He does not like the prodigals (those who waste and overspend).” 90
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Ethical Treatment to Animals: A non-believer was whining that Muhammad (PBUH) was preaching his followers about the rights of women, so he said (jokingly); “Next, he will be saying that camels too have rights!” His friend replied, “He already has… Apparently we have to be kind to them.” The Prophet of Islam was against confining, detaining and restraining of animals for no genuine reason. He emphasised, quoting Surah 6:38 of the Holy Quran, that all animals must be treated with care and dignity.92 Prophet Muhammad (PBUH) forbade blood sport such as cock-fighting and animal fighting, which is cruelty to the animals. Muhammad forbade his followers to hunt for sports like shooting birds and animals with bows and arrows. So far as killing of animals for consumption is concerned, Muhammad taught his followers that they have no right to kill any animal except for those permitted by God. He was of the idea that only certain animals can be slaughtered for human consumption. Only vegetarian animals (cows, sheep, chicken and birds that eat no flesh) can be slaughtered for consumption with an exception of pigs. Muhammad taught his disciples that lawful killing (halal) of animals should be done in the least painful manner.93 Muhammad (PBUH) opined that an act of kindness to animals is rewarded by Allah. Consumption of Meat: There is no suggestion in the Quran or in any Hadith that eating meat is good for physical or spiritual health. Approach of Islam on this subject matter is neutral; it is left to the choice of an individual.94 Prophet Muhammad never advocated daily consumption of meat. Muhammad (PBUH) urged his followers to eat meat in moderation and not to allow their stomachs to become graveyards. As per the Holy Quran the best drink for mankind is “milk” and the best food is “honey”. Animal Sacrifice and Islam: The only sacrifice which Islam through the Holy Book of Quran talks about is that of one’s own ego, pride and selfishness. The Quran in no permissible terms talks about animal sacrifice. Muslims all over the globe celebrate each year “Eid-ul-Adha” which in the Islamic faith symbolises a “festival of sacrifice”. Here, animal sacrifice is only symbolic. Real sacrifice to be made by the Muslims is that of their animal instincts, that is of greed, ego, pride and selfishness. 92 The Holy Quran, Surah 6:38: “There is not an animal or creature (that lives and moves) on earth nor there is a being that flies on its wings, but they are communities like you. We have not neglected anything in the Book and they (all creation) shall be gathered to their Lord in the end.” 93 Islam prohibits slaughtering of animals by a blunt blade (the blade must be very sharp). An animal must not be hit by a stone or slaughtered next to another animal watching the slaughter process. 94 See: The Holy Quran- Chapter 5, Verse 87 and Chapter 7, Verse 31
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The Quran refers to a historic event as a role model for this act of sacrifice. Prophet Abraham sacrificed an animal but it was a symbolic sacrifice. The real sacrifice on his part was that he dedicated his son, Ismail, for a peaceful mission. This mission is referred in the Quran as Zibh Azeem (Chapter 37, Verse 107). It means great sacrifice, but Prophet Abraham never slaughtered his son; he only dedicated his son for a purpose, that is, to live in a desert and to produce a new peaceful generation that is called the Banu Ismail (Children of Ismail). Celebrating this event annually means that the faithful should pledge to follow the example of Ismail.95 Some scholars criticise Islam for exercise of violence against animals on the day of Eid-ul-Adha, as many animals such as sheep and goats are slaughtered on that day as a matter of a ritualistic sacrifice given in the name of God and religion. It is interesting to note that the Holy book of Quran does not talk about such sacrifices, not even indirectly. A careful and a conjoint reading of Chapter 37, Verse 102 to 109 of the Holy Quran will comfortably put all such disputed issues to an end.96 In the Pre-Islamic Arabia, rituals in the nature of animal sacrifice were very much prevalent; Islam by way of the Holy Quran came to the people of Arabia as a golden truth and not as a cold theory. But the pity is that, instead of depending solely on the teachings of the Quran, the people of Arabia (disintegrated among several tribes) read into the verses of the Quran their tribal customary practices which were brutal and unjust, thus they corrupted the very spirit of the Quran with violent endeavours. Michael H. Hart in his book, The Prophet of Islam: Muhammad, takes note of three instances from the life of the Prophet (PBUH) which, substantiate the point that Islam as a religion of peace advocates the rights of animals for to be treated with kindness, care, love and compassion.97 These instances are: a. In the year 627 CE, Muhammad (PBUH) was leading his caravan to Mecca to perform Umrah98. Muhammad (PBUH) changed the route of the large convoy 95
See: Maulana Wahiduddin Khan, Why we celebrate Eid-ul-Adha?, The Speaking Tree, The Times of India, http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=THE-SPEAKING-TREE-Why-We-CelebrateEid-ul-07102014016079, Visited on: 24-10-2014 96 The Holy Quran- Chapter 37, Verse 102: And when he reached with him (the age of) exertion, he said, “O my son, indeed I have seen in a dream that I (must) sacrifice you, so see what you think.” He said, “O my father, do as you are commanded. You will find me, if Allah wills, of the steadfast”. The Holy Quran- Chapter 37, Verse 103 to 109: And when they had both submitted and he put him down upon his forehead, ‘We’ called to him, “O Abraham, you have fulfilled the vision. Indeed ‘We’ thus reward the doer of good. Indeed, this was the clear trial. And ‘We’ ransomed him with a great sacrifice, and ‘We’ left for him (favourable mention) among later generations: “Peace upon Abraham”. 97 See: Michael H. Hart, The Prophet of Islam: Muhammad, Third Edition (2013), Islamic Sciences and Research Academy of Australia, Chapter 8: Environment, p. 175-177 98 Visit to the Sacred Mosque in Mecca to perform religious rites and ceremonies.
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of pilgrims because he did not want to frighten a female dog that was giving birth in a spot along the route to Mecca. b. Muhammad (PBUH) on one occasion wanted to pass a message to a person regarding good treatment of animals. He told him that his camel “complained” to the Prophet because it was loaded with luggage more than it could carry. On another occasion, Prophet told to his companions that God severely punished a woman because she imprisoned and confined a cat until it died. She neither fed the cat nor let it go. Muhammad (PBUH) often narrated (to his companions) the story of a thirsty man who found a well of water and went down to drink. When he went up, he found a thirsty dog grasping in thirst, so the man went down in the well again to fill his shoe with water and brought it up to the dog. Allah was thankful to the man, for his compassion, and forgave him for his past sins. c. Muhammad (PBUH) was against stoning of animals and slaughtering of animals by blunt blade. On one occasion (it is said) Muhammad said to a person who was slaughtering an animal besides another one, “do you want to kill the other animal twice?” Prophet Muhammad was of the belief that a good deed done to a beast is as good as doing good to a human being; while an act of cruelty to a beast is as bad as an act of cruelty to a human being.99 As per the narrations of Abdullah-Bin-Mas’ud, the Prophet of Islam was of the opinion that prevention of physical cruelty against human beings as well as other animals was not enough; mental and emotional cruelty were equally important. Muhammad (PBUH) always preached that, whoever is kind to the creatures of God is in fact kind to him-self.
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See: Mishkat-al-Masabih; Book 6; Chapter 7, 8:178
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Chapter 5: Conclusion It is a matter of great un-fortune that the Islamic Jurisprudence has lost the dynamism it had in earlier centuries with more than hundred schools of jurisprudence, today only seven schools of Islamic Jurisprudence are in existence. Today Muslims follow these schools but hardly make any effort to bring about the necessary changes. Islam, both in matter as well as in spirit provides for creative interpretation of the Quranic text, doctrine of ijtihad has lost its efficacy in Islamic Jurisprudence. The reading of the Quran in a manner that is strait-jacketed is the root cause of the unfortunate upheaval this religion of peace has been lately exposed to. Power politics and the fear of loss of authority which the ulema face today have turned down Islam big-time. Even the most educated Muslims are confused about certain intrinsic aspects of the Quran, many of them are un-aware of the fact that if solution to a problem is not found in the Quran or the hadith, the Quran directs that one should depend on his intellect and should take decision which seems the most rational and reasonable with kindness and compassion been given primary importance (doctrine of zaroorat). The great poet Iqbal once maintained that Communism plus God is Islam. What is important to note is that, the Quran does not centres Islam with any ideology in particular, as ideologies can change (or are subject to change). Quran does not centres Islam with communism or capitalism or any other ‘ism’ but simply puts justice at the centre and justice being a virtue (or value) can never change. Islam today is the most misunderstood religion, for example, in many Islamic countries the punishment for adultery is stoning, they say that this is in line with the Shariah law, giving no thought that Shariah law is not divine, it is man-made and it is only the Quranic text that is holy; Quran is the way of God, not the Shariah law. Quran nowhere suggests that the crime of adultery should be punished by stoning the accused individual. Also, Islam doesn’t grant a male individual the right to marry up to four women as a matter of “privilege”, instead it says marry up to four women if you “must” but only if you can do “justice” with all of them. Islam neither allows nor supports marital rape. Islam is against all forms of violence and bloodshed, the Prophet of Islam always advised his followers that one should never go in extremes in practice and propagation of his/her religion, and no-compulsion and no-harm are the intrinsic beliefs with which Islam as a religion of peace, abides by. The terrorists of Taliban and the traditional ulema disguise “girl-education” by observing selfacquired authority, without any knowledge that the Prophet of Islam once said, “the ink of the scholar is more sacred than the blood of the martyr”. Many scholars 49
criticise Islam by saying that marriage is a “contract” in Islam and not a “holy sacrament”, without giving necessary thought that no contract can fructify unless there is free consent from and on behalf of both the parties to the contract, thus prior consent of women is necessary for marriage to materialise in Islam. Quran is against gender discrimination but is appreciable of the intelligible differentia as between “equal” and “identical”, the underlying philosophy though is deep and path-breaking but it requires reading the holy text of the Quran with an open-textured approach. With no doubt, the Quran indeed gives equal rights to women unambiguously by virtue of Verse 2:228. The customary practice has been is that the Quranic verses have been interpreted in the light of certain ahadith, irrespective of the fact that certain ahadith need critical re-examination. The science of hadith was developed by the Muhaddessin (the individuals who specialise in the science of hadith), thus to a great extent, the accuracy of it depends on the beliefs and the value-judgement of the narrator. The authenticity of a hadith depends on the character of the narrator and not on their respective ideological position towards things or their respective intellectual capacity. Also, in some cases even if a hadith apparently contradicts a Quranic formulation it may be accepted as long as it fulfils other criteria. Thus, riwayat (narration of text) is held as more important than dirayat (intellectual criteria) by traditional theologians. It is necessary to note that, the existing hadith literature comprises of both authentic and doubtful accounts of the life and times of the Prophet (PBUH). The Muslims of today must train themselves in modern methods of critiquing the existing hadith literature and they must rigorously select only those hadith which are authentic and thus are keeping with reason. The integrity of the narrator is not enough; it should by far necessarily fulfil the criterion of reason. Quran holds that reason, rationality and intellect are divine gifts and thus all of humanity must recognise the role of ‘aql (reason). Apart from other things, the need of the hour is that women theologians should take initiative and should come up to read and interpret the open textured language of the Quran from the perspective of the women. Some men like Maulavi Mumtaz Ali Khan100 (who were colleagues of Sir Syed Ahmed Khan) did excellent work in the nineteenth century to advocate gender parity, based on progressive Islamic interpretation of the Quran. Another 100 Maulavi Mumtaz Ali Khan’s book Huququn Niswan is an excellent work published in the early 1890s. This book talks in great detail about the rights of women in Islam; how the progressive interpretation of the Quranic text stands staunchly against gender discrimination; and how the open textured Quranic interpretation discards the concept of triple divorce (triple pronouncement of talaq) in one sitting.
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theologian of the twentieth century, Maulana Umar Ahmad Usmani (graduate from Dar-ul-Uloom), greatly advocated the concept of gender equality in Islam through is book Fiqh al-Quran. He based his book on the Quranic formulations giving no stress in particular on the hadith that is why he named the book Fiqh al-Quran. As of recently, some women theologians have been making efforts to understand the Quran from their own perspective. Fatima Mernissi of Morocco and Amina Wadud of Maryland have done excellent work over the years by interpreting the Quranic text from independent scholarly perspectives. Also, Laleh Bakhtiar of United-States translated the Quran into English from a feminist perspective calling it “inclusive” as against other “exclusive” translations. The need of the hour is to critically appreciate the corpus of Quranic literature in order to restore to women the rights they lost to men under a feudal social ethos. The intrinsic values which the Quran preaches can be summarised as: the principle of no compulsion (that is no one should be forced into the religion, Islam is against religious fundamentalism), the principle of no harm (that is human life is the most precious thing in the universe and all human beings in last logical atomist analysis are one family, the children of Adam), and the principle of morality (that is the most favoured of God is the one from whom greatest good comes to His creatures). Islam believes that reformation through oppression is no reformation in the first place and secondly, society dominated by the urge for truth will never succumb to chaos, but people in search for power can become despots in extreme cases. The dearest thing to the Prophet of Islam was justice (haq) and not power (iqtidar). The Holy Quran emphasises that every Muslim should not only be rational and pragmatic but should also be reasonable, foresighted, progressive and reformist. He should be aware of his rights and duties and should have the courage to speak the truth amidst of all adversities. The Quran holds in Verse 13:11 that, “Allah changes not the condition of the people, until they change their own condition.”101 As advised by Justice Amir Ali and Maulana Shibli, all progressive Muslims must view the two intrinsic aspects of Islam in parlance with each other. First is the aspect of ‘ibadat and the second is the aspect of mu’amalat. The second deals with what is between human beings (which is subject to change) and the first deals with what is between human beings and Allah (which cannot be changed). Islam based on the divine 101 On similar lines Allama Iqbal went ahead to state, “Every believer must raise himself to such an extent that Allah would Himself ask the believer what his wish is, so that Allah could grant him the same and be obliged”.
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Quranic injunctions comes in the first category, while regional customs and traditions that are read into the Quranic teachings form the part of the second category. In the words of Mrs. Raheel Raza, the need of the hour is to perceive Islam as a religion that is Quran-centric as against a religion that is hadith-centric. Mrs. Raheel Raza and Edip Yuksel are of the opinion that hadith-centric Islam is against reform and change, although the Quran in its all divinity is open-textured and is open to progressive interpretation. Also, ahadith are not only controversial but are also based on Arab culture, customs and traditions. The Quran on the other hand is of divine origin and goes beyond the geographical areas. It is not restricted by any time period. In other words, the Holy Quran goes beyond space and time, much because of the values it emphasises upon, that is, truth (haq), justice (adl), benevolence (ehsan), compassion (rahmah) and wisdom (hikmah). The Holy Quran believes that human solidarity is the common denominator of all religions, and the feeling of supremacy of one religion over the other is the result of human arrogance and lack of appreciation towards true religious spirit. Islam believes that “truth” is at the core of all religious teachings and no “one truth” can be superior to the other truth. Progress in Islamic scholarship can happen only when knowledge ceases to be the monopoly of few traditional alim and the Islamic theology ceases to be a stagnant pool engaged only in the appreciation of the past glory. Islam by far can be seen as the most progressive religion if emphasis is supplied on the Holy Quran (to be read with dynamism and not with static orientation) and not the hadith.102 To conclude in the words of Reverend Reginald Bosworth Smith, we can say that, Prophet Muhammad as the head of the State and as the head of the Church, was Caesar and Pope in one; but, he was Pope without the Pope’s claims, and Caesar without the legions of Caesar, without a standing army, without a bodyguard, without a palace, without a fixed revenue. If ever any man had the right to say that he ruled by a divine right, it was Muhammad.103 Islam teaches that God has given man the faculty of reason and therefore expects man to reason things out objectively and systematically. Islam as a religion of peace calls its followers (and observers) to stand against tyranny, injustice and religious extremism; it is a religion of truth and justice, with its teachings beyond space and time. The propagator of Islam, Muhammad, is truly the “Prophet of Our Time”. 102 See: The Holy Quran, Chapter 10, Verse 38, “And it was not possible for this Quran to be produced by other than Allah, but it is a confirmation of the revelation made before it and a detailed explanation of the Book (former scripture), without a doubt it is (a revelation) from the Lord of the worlds (entire universe)”. 103 See: Reverend Reginald Bosworth Smith (1839-1908), Mohammad and Mohammedanism, London, 1874, p.92
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5. Headscarf not a must for female lawmakers in Kuwait, The Gulf News Kuwait, 28 October 2009, http://gulfnews.com/news/gulf/kuwait/headscarfnot-a-must-for-female-lawmakers-in-kuwait-1.520316, Visited on: 02-11-2014 6. Richard Spencer, Kuwaiti women MPs refuse to wear hijab in parliament, The Telegraph, 12 October 2009, http://www.telegraph.co.uk/news/worldnews/middleeast/kuwait/6307598/Kuw aiti-women-MPs-refuse-to-wear-hijab-in-parliament.html, Visited on: 02-112014 7. Nick Cumming Bruce & Steven Erlanger, The New York Times, Swiss Ban Building of Minarets on Mosques, 29 November 2009, http://www.nytimes.com/2009/11/30/world/europe/30swiss.html?_r=0, visited on: 30-10-2014. Also see: Swiss Voters Back Ban on Minarets, BBC News, http://news.bbc.co.uk/2/hi/8385069.stm, Visited on: 01-11-2014 8. Azra Awan, Human Rights in Islam, Why Islam?, http://www.whyislam.org/islam/human-rights-in-islam/, Visited on: 25-102014 9. Human Rights in Islam, Gain Peace Through Islam, http://www.gainpeace.com/index.php?option=com_content&view=article&id= 117:human-rights-in-islam&catid=54&Itemid=117, Visited on: 25-10-2014
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