THE LEGACY OF ABRAHAM-ISLAM-5
Chapter-5: Shari'ah , Islamic Law
The peaceful coexistence with justice is the basic
requirement of any society for its survival, development and expansion; to
achieve this, the people have to adhere to the rules of conduct or procedures
known as ‘law’, established by custom, agreement, or authority. The enforcement
of the body of rules is through a controlling authority. The laws of morality
are means of controlling human conduct by setting normative standards. The best
law is by the Creator, Who knows well the capabilities and limitations of His
creatures; the human being one of them. The Bible emphasizes the importance of
law by declaring that the Law of God, is
absolute and perpetual, Jesus said: “For verily I say unto you, Till heaven and
earth pass, one jot or one tittle shall in no wise pass from the law, till all
be fulfilled”(Matthew;5:18 ).
Law was given to Adam (Genesis;2:16 -17), Noah (Genesis;9:6),
the Israelites (Exodus;20:2-17; Psalms;78:5) through Moses. (Exodus;31:18; John;7:19 ) and through the ministration of
angels (Acts;7:53 ; Galatians;
3:19 ; Hebrews;2:2). It is described as;
Pure: “The statutes of the LORD are right, rejoicing the heart: the commandment
of the LORD is pure, enlightening the eyes”(Psalms;19:8); “The law of the LORD
is perfect, converting the soul: the testimony of the LORD is sure, making wise
the simple”(Psalms;19:7 also Romans;12:2). The law is truth (Psalms;119:142) and requires perfect
obedience (Deuteronomy;27:26; Galatians;3:10 ; James;2:10 ). It is man's duty to keep the
law: “Let us hear the conclusion of the whole matter: Fear God, and keep his
commandments: for this is the whole duty of man”(Ecclesiastes;12:13 ). Keeping of law result in
blessedness (Psalms;119:1; Mathew;5:19; 1 John;3:22,24); the love of
law, produces peace (Psalms;119:165).
Disobedience of law, invite divine rage: “That this is a rebellious people,
lying children, children that will not hear the law of the LORD”(Isaiah;30:9);
“Hear, O earth: behold, I will bring evil upon this people, even the fruit of
their thoughts, because they have not hearkened unto my words, nor to my law,
but rejected it”(Jeremiah;6:19
). Transgression of law is sin: “Whosoever commits sin transgresses also the
law: for sin is the transgression of the law”(1 John;3:4). The Israelites were punished for disobeying
of law: (Nehemiah;9:26 -27). The
ancient people of Israel Israel
Under the Old Testament, the ‘Ceremonial Law’, prescribes;
the rites and ceremonies of worship. This law was obligatory and was practiced
by Jesus Christ (peace be upon him); he confirmed the continuity of the law of
Prophet Moses (peace be upon him), by declaring: “Think not that I have come to abolish the law and the prophets; I
have come not to abolish them but to fulfill them.”(Mathew;5:17 also the Beatitudes, Matthew; 5:3-12 and the
Lord's Prayer Matthew; 6:9-13). However on the contrary, after Jesus, the
founder of Christianity abolished the law (Hebrews;7:9,11; 10:1; Ephesians;2:16 ); though it was binding on all.
Whereas Jesus had said: “The disciple is not above his master:”(Luke;6:40); but
Paul, the self declared 13th disciple of Jesus declared; “But now we
are delivered from the law, being dead to that in which we were held; that we
should serve in newness of spirit, and not in the oldness of the
letter.”(Romans;7:6). The Christians even claimed to be exempted as a covenant
of works (Galatians;3:17 ), freedom from the bondage and
the curse of law: “For sin shall not have dominion over you: for ye are not
under the law, but under grace”(Romans;6:14
also 7:4,6,Galatians;3:13 ).
The New Testament lays down the general principles of good
government, but contains no code of laws for the punishment of offenders: “For
this, Thou shall not commit adultery, Thou shall not kill, Thou shall not
steal, Thou shall not bear false witness, Thou shall not covet; and if there be
any other commandment, it is briefly comprehended in this saying, namely, Thou
shall love your neighbor as yourself.”(Romans;13:9). Punishment proceeds on the principle that there is an eternal
distinction between right and wrong, and that this distinction must be
maintained for its own sake. It is not primarily intended for the reformation
of criminals, nor for the purpose of deterring others from sin. These results
may be gained, but crime in itself demands punishment. The Western Civilization
has been following Roman Law and its derivatives. It was the law of ancient Rome Rome Western Empire .
However it remained in use in Christendom (Eastern, or Byzantine, Empire) until
1453 C.E. Romans considered ritual law (fas) to be God-given and social
law (lex) as man-made. The ‘Roman
Law’, as a legal system and as basis for the law codes has affected the
development of law in most of Western civilization as well as in parts of the
East. The Churches followed Canon Law which, established
within Roman Catholicism, Eastern Orthodoxy, independent churches of Eastern
Christianity, and the Anglican Communion for church governance.
The
relationship between religious and secular authority in society is commonly
known as ‘Church and State’. In most ancient civilizations the separation of religious and political
orders was not clearly defined. With the advent of Christianity, the idea of
two separate orders emerged, based on command of Jesus: “Render unto Caesar
what are Caesar's, and to God the things that are God's”(Mark;12:17 ). The close association of
religion and politics, however, continued even after the acceptance of
Christianity as emperors such as Constantine
The concept of
secular government, as evinced in the U.S. USA Washington US
Shari’a:
Islam being a complete code of life (Din) covers all aspects including social, economic, political,
military and other aspects of human life, hence the Islamic law, spells out the
moral goals of the community, where state and religion are not separate entity.
Total and unqualified submission to the will of Allah is the fundamental tenet of Islam: Islamic
law is therefore the expression of Allah's command for Muslim society and, in
application, constitutes a system of duties that are incumbent upon a Muslim by
virtue of his religious belief. Known as the Shari’a (literally means path leading to the watering place).
The Jews flouted the law: “The
likeness of those who are entrusted with the Law of Moses, yet apply it not, is
as the likeness of the ass carrying books. Wretched is the likeness of folk who
deny the revelations of Allah. And Allah does not guide the
wrongdoers.”(Qur’an;62:5). Allah say: “And unto thee have We revealed the
Scripture with the truth, confirming whatever Scripture was before it, and a watcher
over it. So judge between them by that which Allah hath revealed, and follow
not their desires away from the truth which hath come unto thee. For each We
have appointed a divine law and a traced out way.”(Qur’an;5:48 ). The Jews and Christians have been
commanded to follow Prophet Muhammad (peace be upon him) and Qur’an: “O people of the Book (Jews and Christians)!
Now Our Messenger (Muhammad) has come to you to reveal much of what you have
concealed from the Holy Books and to pass over much which is no longer
necessary. There has come to you from God a new Light and a clear Book
(Qur’an), with which God will guide to the ways of peace all those who seek His
good pleasure and bring them out of the depth of darkness into the light of His
grace and guide them to the Right Way.”(Qur’an;5:15-16).
In Islamic
society, therefore, the term law has a wider significance than it does in the
modern secular West, because Islamic law includes both legal and moral
imperatives. The Islamic law constitutes a divinely ordained path of conduct,
that guides the Muslim toward a practical expression of his religious
conviction (rituals) and all aspects of life (social, economic, political etc)
in this world and the goal of divine favour in the world to come. For the same
reason, not all-Islamic laws can be stated as formal legal rules or enforced by
the courts. Much of it depends on conscience alone. The Shari’a duties
are broadly divided into those that an individual owes to Allah (the ritual
practices or 'ibadat) and those that
he owes to his fellow men (mu'amalat).
It is the latter category of duties alone, constituting law in the Western
sense, that is penal law. The other laws include; offenses against the person,
homicide, law of transactions, family law, succession law, procedure and
evidence etc. The Qur’anic revelations laid down basic standards of conduct for
the first Muslim community established under the leadership of the Prophet
(peace be upon him) at Medina
Beginning in the mid eighth century, the four major Sunni
schools of legal thought (madhhabs)
Hanafi, Maliki, Shafii, Hanbali and the Shi’a Jafari madhhab (Twelvers) emerged. They were named after the great
scholars Imam Abu Hanifah (699-767 C.E),
Imam Malik ibn Anas (715-795 C.E), Imam Al-Shaf’ie (767-820 C.E), Imam
Ahmad ibn Hanbal (780-855 C.E) and Imam Jafar al-Sadiq (699-748 C.E)
respectively. These schools differ in their methodologies, which help them to
arrive at verdicts to questions that are put to them. All Sunni schools use
systematic reasoning to deal with areas of law not directly covered by the
Qur’an or Sunnah. They differ
primarily in their emphasis on textual authority or analogical reasoning, but
each school recognizes the conclusions of the others as being perfectly
legitimate and within the framework of orthodox Islam. Imamah is one of the core beliefs of Shiite Islam, which separates
Shiites from other Muslims. Imamah is
the belief that, in every time and place,
there must be an infallible, divinely appointed guide who preserves the
religion exactly as it was revealed by the Prophet Muhammad (peace be upon
him). The person who bears the duty of guarding and preserving the Divine message
after it is revealed and is chosen by God for this function is called the Imam;
in the same way that the person who bears the prophetic spirit and has the
function of receiving Divine injunctions and laws from God is called the
Prophet. It is possible for the Imamate
and Prophecy (Nubuwwat) either to
be joined in one person or to be separate. Shi’a Muslims, believe that Prophet
Muhammad's (peace be upon him) religious leadership, spiritual authority, and
divine guidance were passed on to his descendants, beginning with his
son-in-law and cousin, Ali ibn Abi Talib, his daughter, Fatimah, and their
sons, Hasan and Husain. Sunnis and Shi’a
differed in their understanding of ‘who held the power to interpret Shari’a’. Shi’as initially believed that
only an infallible Imam could interpret Shari’a.
When the line of appropriate descendants ended, this tradition was
reinterpreted to grant judicial authority to the fuqaha as the Imam's representatives.
The Sunnis, consider that the competent
scholars of religious sciences can conduct Ijtihad,
which means ‘independent reasoning’ as
opposed to taqlid (imitation). In
the absence of direct guidance from Qur’an or Sunnah for a given situation, the
exercise of rational judgment by a competent authority is termed as Ijtihad. It is a unique and important component of Shari’a. Ijtihad started during the life of the Prophet (peace be upon him) in the far flung areas.
The rules of Ijtihad were framed by Abu Bakr, the first Caliph. Ijtihad, being human generated legislation
is considered fallible; since more than one interpretation of a legal issue is
possible: it is open to revision.
The term Shari’a
is sometimes applied to all Islamic legislation. Modern scholars have however
challenged this claim, distinguishing between Shari’a and fiqh and calling
for reform of fiqh codes in light of
modern conditions.
The law prescribed through the previous Messengers like
Moses (peace be upon him); confirmed by Jesus (peace be upon them) remain
applicable to Muslims, unless changed or amended through Qur’an or by Prophet
Muhammad (peace be upon him). Allah says: “This is the guidance from Allah; He
bestows it upon whom He pleases of His devotees. If they were to join other
gods with Him all their deeds would have become void. Such were the people to
whom We gave the Book, wisdom and Prophethood. Now if these people deny this
guidance, it does not matter; We would bestow this guidance upon other people
who would not disbelieve. O Muhammad, those were the people who were rightly guided
by Allah, therefore, follow their guidance and tell these people: "I am
not asking you any compensation for this work of delivering the Message to you,
this message is nothing but a reminder to all the worlds.”(6:88-90). The
Muslims do not discriminate against anyone of His Messengers (Qur’an;2:285) and
follow the eternal guidance provided to all of them being the same. Hence due
to the common source of origin: ONE GOD; there are many commonalities amongst
the law of Moses and Shari’a’, which can also form basis for reconciliation: “O
people of the Book (Jews and Christians)! Let us get together on what is common
between us and you.."(Qur'an;3:64).
Some commonalities are notable:
The
dietary instructions of Qur’an are almost similar as in Bible, adhered to by
Jews and Prophet Jesus (peace be upon him). Muslims are allowed to consume
permissible (Hilal) food from the
Jews and Christians. The permissible (Hilal)
animals are to be slaughtered by reciting the name of God not idols.
(Qur’an;5:5, Acts;15:29 , Deuteronomy;14:21 , Genesis;9:4, Leviticus 17:14-15, Deuteronomy 12:16 , 1 Samuel 14:33 and Acts 15:29 also at Revelation 2:14 ). Swine is regarded as the most unclean and the most
abhorred of all animals (Isaiah;65:4;
66:3,17; Luke;15:15 -16). A herd of swine were drowned in the
Sea of Galilee (Luke;8:32 -33,
Mark;5:13 ). Eating pork is
also prohibited in Bible: Leviticus;11:7-8, Deuteronomy 14:8 & Isaiah
65:2-5 and Qur’an:16:115, 2:173, 5:3, 6:145. Consumption of alcohol and
gambling is prohibited in Qur’an;5:90, Proverbs;20:1 & Ephesians;5:18 . God had ordained in Torah: "A life for a life, an eye for an
eye, a nose for a nose, an ear for an ear, a tooth for a tooth and for a wound
an equal retaliation." But if anyone remits the retaliation by way of
charity it will be an act of atonement for him.(Qur’an;5:44 -45). Jesus quoted the Old Law "eye
for eye," etc, and modifies it in towards of forgiveness: “You have heard
that it was said, `An eye for an eye and a tooth for a tooth.' But I say to
you, Do not resist one who is evil. But if any one strikes you on the right
cheek, turn to him the other also;”(Mattew;5:38 -39). The retaliation has also been allowed by Qur’an
(Qur’an;2:178-179) and Bible (21:23 -25,
Leviticus, 24:18-21 and Deuteronomy; 19:21 ).
The killing of innocent people is a major crime (Leviticus; 24:17, Deuteronomy;5:17 , Exodus;20:13 and Qur’an;17:33, 5:32.).
Adultery is a major sin: “Neither shall you commit
adultery.” (Deuteronomy;5:18
& Exodus;20:13 ,
Mathew;5:28 also at Qur’an;17:32 ). Death is prescribed for
adultery in Bible (Leviticus; 20:10 -16).
Punishment of death by stoning was already prevalent for adulteress
(Deuterinomy;22:20 -21) and
for blasphemy (Lectivis;24:16). In Islam death by stoning is prescribed for
unmarried adulterer and adulteress only if four eye witness are produced or self confession by the
accused takes place.(Al-Muwatta Hadith, 41.2). Homosexuality is strictly
forbidden by Qur’an;7:81. Bible prescribe death as the punishment for
homosexuality (Leviticus;20:13 ).
Theft or robbery is a serious crime, strictly forbidden (Deuteronomy;5:19 & Exodus;20:15 , Leviticus;19, Qur’an;60:12, 29:29,
7:86). Amputation of hand of thief is the punishment prescribed in Qur’an;5:38 , Matthew;18:8. Apparently in the
period of Prophet Jesus Christ (peace be upon him) thieves were crucified,
Matthew;27:38. False witness is not permitted (Deuteronomy;5:20 & Exodus; Chapter: 20 and
Qura’n;25:72). The neighbors are to be respected and
treated nicely.(Deuteronomy;5:21
& Exodus; Chapter: 20 and Qura’an;4:36 ,
Sahih Bukhari Hadith:6.4 & 8.45). Abu Huraira narrated that the Prophet
said that while committing adultery, drinking
alcoholic, stealing or committing robbery a believer ceases to be a
believer (for that duration). (Sahih Al Bukhari Hadith;3.655). Good treatment
of parents with respect and honor has been prescribed at Deuteronomy;5:16 & Exodus; Chapter: 20,
Mathew;15:4, also emphasized by Qura’n;31:14. The circumcision is the important
statute ordained to Prophet Abraham (peace be upon him) as mentioned in Genesus;17:10-13,24-27,
Joshua;5:2-9, Judges;14:3, 15:18; 1Samuel;14:6; 17:26; 2Samuel;1:20,
Ezekhiel;31:18, Acts;7:8 & John;7:22. Prophet Jesus (peace be upon him) was
also circumcised (Luke;2:21 ).
The Christians have abandoned this statute (Roman;2:25 -29, Galatians;6:15 ),
while Muslims, being the true faithful followers of Abraham, strictly adhere to
the practice of circumcision (Sahih Bukhari Hadith;7.777) like Abraham, Moses,
all the other prophets including Jesus (peace be upon him). The strict observance of the Sabbath day,
was enjoined to the children of Israel 5:12 -15,
Exodus; Chapter: 20 and Qura’n;4:154, 16:123-124. However the Muslims have been
exonerated from this restriction
applicable to the followers of prophet Moses (peace be upon him). Muslims only
break off for the duration of Friday prayers (Qur’an;62:9-10). Usury is prohibited in Bible at
Leviticus;25:39-37 and Qura’n;2:278-279,
2:275, 2:276, 30:39.
The Islamic system of government is based on the principle
of consultation (shura), the
democratic way spelled out by Qur’an fourteen centuries ago (Qur’an;42:38 & 3:159);
notwithstanding the hereditary kingship which followed. Even Prophet Muhammad
(peace be upon him) was asked to consult people
in worldly matters: “and consult with them upon the conduct of affairs;
and when you make a decision to do something, then put your trust in
Allah”(Qur’an;3:159). In Islam state and faith are closely interlinked: “These
are the people who, if We establish them (in power, authority) in the land,
will establish Prayer (Salah) and pay Charity (Zakah), enjoin the
right (justice) and forbid evil; the final decision of all affairs is in the
hands of Allah.”(Qur’an;22:41 ).
The people charged with authority (Ulu-l-amr),
running the government are to be respected and obeyed by the Muslims
(Qur’an;4:59) otherwise there can be no order or discipline resulting in to
anarchy, however not on the matters which are in conflict with the faith and
fundamentals of Islam. Obedience to ruler is mentioned in Bible at
Romans;13:1-4. Monarchy is not appreciated by God as system of rule in the Old
Testament. After Moses the Israelites asked Prophet Samuel for appointment of a
King like other nations. (Qur’an; 2:246-250). They were cautioned about the
excesses of kings but they did not budge from their demand, ultimately, their
request was accepted by God and Saul was
appointment as King of Israelites (1Samuel;8:5-22,10:1), this was beginning of
monarchy among Israelites. The Charter
of Medina, in fact was the first ever written constitution in the
history of mankind. This was based on the contract agreed upon by Muslims, Jews
and others, stipulating that they all would be treated as equal citizens of
Medina, giving the non-Muslims right of choosing a legal system they wished
their affairs be governed by, be it Islamic or Jewish law or pre-Islamic Arab
tribal traditions. This confirms the principle “no compulsion in religion”, freedom of expression and religious
practice was open to everyone. It gave the right of protection, security, peace
and justice; not only to Muslims, but also to the Jews who lived in the City of
Medina
In classical form, the Shari’a
differs from Western systems of law (based on Roman Law) being followed by
Christians, in two principal respects. In the first place the scope of the Shari’a is much wider, since it
regulates man's relationship not only with his neighbors and with the state,
which is the limit of most other legal systems, but also with Allah and his own
conscience. Ritual practices,(ibadat) such as the daily prayers,
almsgiving, fasting, and pilgrimage, are an integral part of Shari’a law and usually occupy
the first chapters in the legal manuals. The Shari’a is also concerned as much with ethical standards as
with legal rules, indicating not only what man is entitled or bound to do in
law, but also what he (obligatory) ought, in conscience, to do (halal), something that is lawful and
permitted in Islam, or refrain from doing (haram) not permissible. Thus the Shari’a is not
merely a system of law, but a comprehensive code of behaviour that embraces
both private and public activities. The second major distinction between
the Shari’a and Western legal systems
is the result of the Islamic concept of law as the expression of the ‘Divine
Will’. Shari’a law though appears to
be rigid in certain aspects but there is room for flexibility in fiqha through Ijtehad to meet the
challenges of growing and changing needs of society. In Islamic jurisprudence
it is not the society that moulds and fashions the law, but the law that
precedes and controls society, however the legitimate changes and requirements
of the modern society are kept in view with in bounds of Divine Will. The
Western Law, is not based on the Bible, they have discarded the Law of Moses,
which Jesus declared as his mission (Mathew;5:17 -20).
By contrast in the Western Law, it is the
society that moulds and fashions the law thus consumption of alcohol,
homosexuality, gay marriages (not permitted in Bible) have been made legal, on the
desire and public support of the Western Society, where as in Shari’a,
it is not possible to make such laws which are unnatural and clearly against
the Divine Will, manifested in Qur’an and Sunnah. Keeping in view the
importance of Shari’a among the Muslims living in UK; the Archbishop of
Canterbury Rowan Williams, the most senior figure in the Church of
England, has triggered intense debate by
saying that; he considers the introduction of Shari’a law for British Muslims
as “unavoidable” because it would help maintain social cohesion; since some
Muslims do not relate to the British legal system; many UK Muslims already use
Shari’a law in aspects of their day-to-day lives, such as banking and marriage,
and the same principle of separate laws could “easily be accepted for other
faiths groups”.
Priesthood:
Priesthood is the office
of a spiritual leader expert in the ceremonies of worship and the performance
of religious rituals. Though chieftains, kings, and heads of
households have sometimes performed priestly functions, in most civilizations
the priesthood is a specialized office. The priest's duties are concerned less
with magic than with the right performance of ritual acts required by the
divine powers. Many African societies, for example, differentiated between
shamans and the priests responsible for the worship of tribal ancestors.
Sacrifice is often one of the most important duties of the priesthood. Not
every highly developed religion possesses priesthood, the most notable
exception being Islam. The priesthood as institution exists among
Israelites. The Hebrew; Cohen, (Greek; Hierus, Latin; Sacerdos), always denote
one who offers sacrifices. Under the Levitical arrangements the office of the
priesthood was limited to the tribe of Levi, and to only one family of that
tribe, the family of Prophet Aaron (Harun, peace be upon him). Their duties
were manifold (Exodus; 27:20-21; 29:38-44; Leviticus; 6:12; 10:11; 24:8;
Numbers;10:1-10;Deuteronomy;17:8-13;33:10; Malachi;2:7). The priests represented
the people before God, and offered the various sacrifices prescribed in the
law. The priests were well looked after by providing sufficient revenue like:
Tenth of the tithes paid to the Levites (Numbers;18:26,28); First-fruits of
tree (Numbers;18:8,12-13); Redemption-money of the first-born (Numbers;3:48;
18:15-16); First-born of animals or their substitutes (Numbers;18:17-18); First
of the wool of sheep (Deuteronomy;18:4); Show-bread after its removal
(Leviticus;24:9; 1Samuel; 21:4-6; Mathew; 12:4); Part of all sacrifices
(Leviticus; 7:6-10, 31-34; Numbers;6:19;18:8-11; Deuteronomy;18:3); All devoted
things (Numbers;18:14); All restitutions when the owner could not be found
(Numbers;5:8) and a fixed portion of the spoil taken in war (Numbers;31:29,41).
The priesthood is the essential institution of
Christianity, though Prophet Jesus (peace be upon him)
strictly forbade the excesses in adornment of prophets and pious, when he said:
“Woe unto you, scribes and Pharisees, hypocrites! because you build the
tombs of the prophets, and adorn the sepulchers of the righteous”(Matthew;23:29 ). The Christian Roman Catholic
Church is characterized by an episcopal hierarchy with the pope as its head and
belief in seven sacraments and the authority of tradition. Sacrament is a
visible form of invisible grace, especially: In the Eastern, Roman Catholic,
and some other Western Christian churches, any of the traditional seven rites
that were claimed to be instituted by Jesus and recorded in the New Testament
and that confer sanctifying grace. In most other Western Christian churches,
the two rites, Baptism and the Eucharist, that were claimed to be instituted by
Jesus to confer sanctifying grace. The Christian Roman Catholic Church regards itself as the only legitimate inheritor of the ministry
of Jesus, by virtue of an unbroken succession of leaders beginning with St.
Peter and continuing to the present day. It holds that the pope is the
infallible interpreter of divine revelation. Pope enjoys a very high
privileged status, he even ruled ‘Papal States’ comprising a group of
territories in central Italy from 754 until 1870 C.E. They were originally
given to the papacy by Pippin III (714-768, the King of the Franks
and the father of Charlemagne) and reached their greatest extent in
1859. The last papal state the ‘Vatican
City Christian
Churches
The mainstream Islam
abhors the priesthood, the institution misused and corrupted by the Jews and
Christians. The concept of Imamah
followed by Shi’a Islam, can not be compared with the institution of pope,
though there appears some semblance.
Allah says: “They (Jews and Christians) have taken their rabbis and
priests (Ahbar) to
be their Lords beside Allah and so they did with Christ (Messiah- Jesus) the
son of Mary, although they were commanded in the Torah and the Gospel to
worship none but One Ilah (Allah); besides Whom there is none worthy of
worship. Exalted be He above those whom they associate with Him.”(Qur’an;9:31 ). Priest worship, and the
worship of saints and ascetics is a form of superstition to which people have
been prone in all ages. The growth of Jewish superstition is shown in the
Talmud, and of Christian superstition in the doctrine of ‘Papal Infallibility’
and the worship of saints. The mere idea of a separate order of priesthood to
stand between Allah and man and be the exclusive repository of Allah's secrets
is derogatory to the goodness and all-pervading grace of Allah. The worship
of "lords many and gods many"
was not confined only to the Pagans. The deification of the son of Mary is put
in the verse (Qur’an;9:31 )
in a special clause by itself, as it held (and still holds) in its thrall a
large portion of civilized humanity. At an other place, it is recorded in
Qur’an: “Say: "O people of the Book! come to common
terms as between us and you: that we worship none but Allah; that we associate
no partners with Him; that we erect
not from among ourselves Lords and patrons (Cohen, pope, priests,
saints) other than Allah." If then they turn back say: "Bear witness
that we (at least) are Muslims (bowing to Allah's will).”(Qur’an;3:64)..The
same remarks apply to the status of saints and pir. They may be pure and sincere according to their faith, (which
no one knows except Allah) but no one can protect or claim Lordship over people
except Allah, Who says: “When my servants question you about Me, tell them that
I am very close to them. I answer the prayer of every suppliant when he calls
Me; therefore, they should respond to Me and put their trust in Me, so that
they may be rightly guided.”(Qur’an;2:186); “And
your Lord says: "Call on Me, I will answer your prayers. Surely those who
are too arrogant to worship Me shall soon enter hell in humiliation."(Qur’an;40:60). The corruption of rabbis, priests and pir exist as a barrier to the true path.
Allah says: “O believers! Indeed most of the (Jewish)
rabbis and (Christian) priests misappropriate the wealth of people and hinder
them from the way of Allah. To those who hoard gold and silver and do not spend
it in the way of Allah, proclaim a painful punishment.”(Qur’an;9:34 ). Hence the divine wisdom of
abolishing priesthood through Islam is self evident. Some Muslim communities
under the influence of local culture and ignorance, tend to go beyond the
limits in extending reverence to the noble preachers of old which is not
sanctioned by Islam.
Asceticism and monasticism is not prescribed in
Islam, though the humility or unselfishness that go with asceticism may have
its value. Asceticism often means the negation of art and beauty, it has no
necessary sanctity attached to it. The beautiful and good things of life are
really meant for, and should be the privilege of those with faith in Allah. If
they do not always have them in this life, and if there is sometimes the
semblance of others having them who do not deserve them, let it be remembered
that this is a test from Allah. In the life to come they will be purely for the
faithful. Allah says: “Say: Who hath forbidden the adornment (zeenah) of
God which He has brought forth for His devotees, and the good things of His
providing? Say: "All these things are for the enjoyment of the believers
in the life of this world though shared by others; but these shall be
exclusively theirs on the Day of Resurrection. Thus do We make Our revelations
clear for those who understand. Say: The things that my Lord hath indeed
forbidden are: shameful deeds whether open or secret; sins and trespasses
against truth or reason; assigning of partners to God for which he hath given
no authority; and saying things about God of which you have no
knowledge.”(Qur’an;7:32-33). The believers should use all kinds of gifts with
gratitude which Allah has provided, but excess is not approved of by Allah.
Christian monks are praised for particular virtues, though the monasticism is
disapproved. Allah says: “…But the monasticism which they invented for
themselves We did not prescribe for them: (We commanded) only the seeking for
the Good pleasure of Allah;…(Qur’an;57:27). Allah certainly requires that men
shall renounce the idle pleasures of this world, and turn to the path which
leads to good pleasure of Allah. However that does not mean somber lives and
isolation. Allah's service is done through pure lives in the turmoil of this
world. The Qur’anic prayer is the testimony: "Our Lord! Give unto us in the world that which is good
and in the Hereafter that which is good,
and guard us from the doom of Fire."(Qur’an;2:201). This spirit was lost,
or at least not fostered by monastic institutions. On the contrary a great part
of the "struggle and striving" for noble life was suppressed. The
introvert and pessimistic approach would have disastrous consequences. The Sunnah of Prophet Muhammad (peace be
upon him) provides complete guidance; As per Qur’an; “It is He Who has sent
amongst the Unlettered an apostle from among themselves to rehearse to them His
Signs to sanctify them and to instruct them in Scripture and Wisdom although
they had been before in manifest error”(Qur’an;62:2). The Muslims gain
spiritual satisfaction through practicing the six fundamentals of Islam and non
obligatory (nawafil) additional
prayers like the midnight
prayer (tahajjud) , fasting and
charity (sadaqah).
The Universal Faith:
After the death of Prophet Muhammad (peace be upon him) in
632 C.E, initially the early Muslim caliphates, the Arabs, then the Persians
and later the Turks set about to convey the message of Islam to the humanity.
In process they created classical Islamic civilization. Later, in the 13th
century, both Africa and India Far East in
Malay-Indonesian world while Muslims flourished in China Arabian Peninsula had swept completely
across North Africa to the Atlantic
Ocean by 711 C.E. There they turned north and, crossing the Strait
of Gibraltar, overwhelmed the Visigothic kingdom in Spain to liberate the
masses from the tyrannical, suppressive and corrupt rule of King Roderick. Had
the advancing Muslim armies not been checked at the centre of France Europe . Later Vienna India Atlantic Ocean , the largest empire that
the world had yet seen.
The super power status facilitated in extending the
Muslim influence and in conveying the message of Islam world over, even in the
areas not directly under Muslim rule. Forced conversion is forbidden in Islam
(Qur’an;2:256), as evident that, despite Muslim rule in Spain, India and
Eastern Europe for centuries, the majority of population remained non Muslim
and freely continued to practice their faith. Where as, after the end of eight
centuries of Muslim rule in Spain (711-1492 C.E) Muslims and Jews were forced
to convert to Christianity and those who declined, were expelled by force. The Muslim traders and
preachers through their good conduct and moral righteousness achieved the
miracle of conversion in Indonesia Malaysia Far East . The East coast of Africa as far down
as Mozambique, as well as the bulk of the inhabitants on the West coast of the
continent are Muslims, but history does not record any invading hoards of
Muslims from anywhere. This forced De Lacy O'Leary in to write: ‘History makes
it clear however, that the legend of fanatical Muslims sweeping through the
world and forcing Islam at the point of the sword upon conquered races is one
of the most fantastically absurd myths
that historians have ever repeated.’ ("Islam at the Crossroads'' London North America and Europe ,
no one is carrying the sword to force the conversion.
The obligation of conveying the message of true faith by
instituting the rule of Allah, was nevertheless used by some medieval Muslim
rulers to justify wars motivated by purely political ambitions. The only
comparable conquests in human history are those of the Mongols in the
thirteenth century, which were primarily due to the influence of Genghis Khan.
These conquests, however, though more extensive than those of the Muslims, did
not prove permanent, because they lacked any ideological base, they were just
conquests for worldly gains, power and plunder. Most of descendents of Genghis
Khan ultimately embraced Islam and contributed towards further enhancing the glory of Islamic civilization. Hence
today the only areas occupied by the Mongols are those that they held prior to
the time of Genghis Khan. Similarly the empire established through conquests by
Alexander the Great (356-323 BC) could hardly survive Alexander's death as a unit. These empires did not give birth to any new civilization
based on sound ideology, which could
exist for long in the history. The Muslim conquests of the seventh century and
thereafter have continued to play an important role in human history, down to
the present day due to the significance and capacity of Islamic civilization to
influence the humanity, which emerged from the direction provided by Islam in
the moral, spiritual, sociopolitical, economic and all other aspects of human
life.
Human Rights:
Islam is not racial, it grant equality to the humanity, the
righteousness is the sole criteria for His preference, not colour or race;
Allah says: “O mankind! we created you from a single (pair) of a male and a
female, and made you into nations and tribes, that ye may know each other (Not
that ye may despise (each other). Verily the most honored of you In the sight
of Allah is (He who is) the most righteous of you. and Allah has full knowledge
and is well acquainted (with all things)”;“Verily we have revealed the Book to
Thee In truth, for (instructing) mankind. He, then, that receives guidance
benefits His own soul: but He that strays injures His own soul. nor art Thou
set over them to dispose of their affairs”. (Qur’an;39:41).
Humanitarian
obligations (Haqooq-ul-Ibad) are
highly emphasized in Muslim communities. Generally Haqooq Allah, the duties towards Allah (belief, rituals, prayers)
are over emphasized while duties toward fellow human beings are given a low priority in practice, both at the individual and
community level. Since a good balance is
the main characteristic of Islam and its code of living so, the responsibilities toward other human beings
are indeed given a very strong emphasis in Islam. It should always be
remembered that except major sin like denial of God and associating partners
with Him; God may forgive other sins that relate to human obligations toward
Him, but He will not forgive anything that is due to fellow human being until
that person is ready to forgive it. Hence, the Muslims have to perform their
obligations like worship and simultaneously be kind to the other human in the
society, which is also a form of worship being part of Islamic duties. The
Sunnah of Prophet (peace be upon him) is the role model for the Muslims. The
virtues like justice, truthfulness, charity, kind and courteous behavior with
fellow humans, fairness in trade, dealings, respect of human life and property
of others, helping underprivileged, oppressed and weak, weather Muslims or non
Muslims alike; are hall mark of Islam. The life of Prophet Muhammad (peace be
upon him) is full of practical examples.
The rights of parents and non Muslims have been elaborated separately due to
their special significance. Prophet (peace be upon him) was also the best of
neighbors and he emphasized that neighbors have a claim on our kindness. All
human are equal, the preference is only in piety (known to Allah alone).
Slavery:
When the message of Islam was preached, slavery
was a very common practice in all-human societies, it was an international
system. The Greeks, Romans, the ancient Germans whose legal and social
institutions have mostly influenced the modern world, recognized and practiced
all kinds of slavery, like praedial servitude as well as household slavery.
Slavery as it existed under the Mosaic law has no modern parallel. That law did
not originate but only regulated the already existing custom of
slavery(Leviticus 25:44-46, Exodus;21:20 -21,26-27; Joshua;9:6-27).
Christianity as a religion did not oppose slavery. The teachings of Prophet Jesus Christ (peace be upon him) did
not express disapproval of slavery. Christianity did nothing to eliminate
slavery except general advice to the masters to give due to the servants, even
the Church held slaves and considered it to be a lawful system. The cruel
treatment to slaves in America
Islam does not support slavery. Like the
nuisance of Riba (Usury), in the present time, the evil of slavery was
so much ingrained in the world that its elimination had to come gradually as
the society developed. There was an important reason for that, which was to
help slaves cope with their new status. Had Islam issued an order to free all
the slaves straightaway, that would have created social and economic chaos, as
many would not have been able to cope. This happened in the US
In communities which base their civil rights on brute
strength, the weaker go to the wall, and public opinion expects nothing else.
Even in modern democracies of the saner sort, it is often told that it is the
fate of minorities to suffer; strength of numbers here becomes the passport to
power and privilege. Islam, while upholding balanced views in general, enjoins
the most solicitous care for the weak and oppressed. The minorities are treated
with justice in every way-in rights of property, in social rights, and in the
right to opportunities of development. The non-Muslim living under the
protection of a Muslim state is referred as Dhimmi,
a free non-Muslim subject. They are exempt from duties of Islam like military
service and alms (zakat) instead they
are required to pay jizyah
(poll-tax). Historically some Islamic governments paid this poll tax for poor
non-Muslim subjects or reduced it to mere symbolic tax. If the State cannot
protect those who paid jizyah, then
the amount they paid is returned to them. Islam guarantees full protection and
security of the State including freedom of religion to all. Thus the notion
that the minorities are treated as second class citizens in an Islamic state is
based on malicious propaganda. Prophet Muhammad (peace be upon him) was the
main enforcer of human rights safeguarding the legitimate interests of
minorities.
The monks of Mount Sinai were
provided protection. On establishing the first Islamic state at Medina Muslim
State Europe and America
Apostsy:
It is reemphasized that there is
no forced conversions in Islam, the non Muslim subjects have the right to
freely choose to revert to Islam or keep practicing their faith. [“Revert”;
because every human is born true to nature, in submission to Allah, in Islam
(Qur’an;30:30 and Sahih Bukhari Hadith;6.298)] But once a person reverts to
Islam, it is obligatory to practice his faith to be a good Muslim. Apostasy has
always been considered as a capital offence in all the religions and political
systems of the world, because it is considered as a high treason against the
established norms of society. The Bible prescribes death by stoning for
apostasy: “You shall stone him to death with stones, because he sought to draw
you away from the LORD your God..”(Deutronomy;13:10 ).
Death penalty for apostasy remained in force in England Spain Baghdad
Before the advent of Islam the status of women in earlier
civilizations was very low to the extent that they were denied basic human
dignity. Under the Babylonian law, if a man murdered a woman, instead of him
being punished, his wife was put to death. In the Greek Civilization, women
were deprived of all rights and were looked down upon. In Greek mythology, an
‘imaginary woman’ called ‘Pandora’ is the root cause of misfortune of human
beings. The Greeks considered women to be subhuman to the extent that they were
considered impure, and they were bought and sold in marketplaces. A woman could
not refuse a husband chosen by her guardian and she could not disobey her
husband in anyway. When Roman Civilization was at the zenith of its ‘glory’, a
man even had the right to take the life of his wife. Prostitution and nudity
were common amongst the Romans, the women did not have the right to own
anything. If a woman had any property of her own, it was automatically
transferred to the ownership of the head of the family. Later, in the reign of
Justinian (483-565 C.E), women were given the right to retain what they earned
through their own work, but money from other sources (gift etc) remained with
the head of family. In Bible, Eve is considered responsible for the fall of
Adam from grace (Genesis;3:1-7,12); hence as punishment she has to bear labor
pain and serve men: “Unto the woman He said, I will greatly multiply thy sorrow
and thy conception; in sorrow thou shall bring forth children; and thy desire
shall be to thy husband, and he shall rule over thee”(Genesis;3:16). The word
“Evil” is derived accordingly. Islam repudiates that and makes Adam and Eve
equally responsible for their actions. (Qur’an;2:36 ). As recently as 1805, the English law allowed the
man to sell his wife. In the year 586 C.E that is when Prophet Muhammad (peace
be upon him) was still a young man, the French elegies organized a convention
in which they discussed whether women were human or not. They concluded that a
woman was a human being created only to serve men. Even after the French
Revolution, in the late 18th century, the French law continued to consider that
an unmarried woman was totally unqualified to enter into any contract without
the consent of her guardian. The French law of the time stipulated that those
who did not have legal status were "young boys, idiots and women.” The
Egyptian considered women evil and as a sign of a devil. Before the advent of
Islam, the Arabs looked down upon women and very often when a female child was
born, she was buried alive by some.
Islam has offered dignity, justice, and protection to women
which had been denied to them since long. Although man and woman have been
created equal, but they are not identical. Both have been fashioned differently
from each other, so their roles and responsibilities are also different. The
variation in their functions does not imply that one is inferior to the other.
In Islam, both men and women can rise in spiritual eminence and knowledge. Umme
Warqa, a pious women, well versed in Qur’an had been acting as prayer leader (Imam) in the local area, with the
permission of Prophet (peace be upon him). Mostly the women used to be in the
congregation. An old man is known to deliver Adhan (prayer call). The Qur’anic address always applies to men and
women equally, at times the women and men are also addressed together (
Qur’an;33:35). The Muslim women are dressed up modestly which not only enhances
their status to a respectable position but also help in controlling
indecencies, forbidden in Islam. It may be kept in view that modest dress for
women has always been a part of biblical traditions: “also that women should
adorn themselves modestly and sensibly in seemly apparel, not with braided hair
or gold or pearls or costly attire.”(1Timothy;2:9). Veil, as a covering for the
head was usually worn by Jewish women (Genesis;38:14). It was worn, as a token
of modesty (Genesis;24:65), as a token of subjection (Corinthians;11:3,6-7,10)
and for concealment (Genesis;38:14). The removing of veil was considered rude
and insolent (Song of Solomon;5:7) and
threatened as a punishment to ungodly women (Isaiah;3:23 ). It is also mentioned: “but any woman
who prays or prophesies with her head unveiled dishonors her head -- it is the
same as if her head were shaven”.(1 Corinthians;11:5). The nuns are still
dressed modestly, like Mary, but the Christians are themselves defying Bible
(Deuteronomy;22:5) by degrading the women through nudity and vulgarity.
Polygyny
has been practiced since ages; the Bible did not condemn polygyny, to
the contrary, the Old Testament and Rabbinic writings frequently attest to the
legality of polygyny (1 Kings;11:3, 2 Samuel;5:13 , Deutronomy;22:7). The Talmud advises a maximum of
four wives. Nowhere in the New Testament is there any explicit commandment that
marriage should be monogamous or any explicit commandment forbidding polygamy.
The Church in Rome
Islam granted the right of divorce to women 1400 years ago,
once no woman could dream of this freedom. Women were not allowed to bear
witness in early Jewish society.
In the Christian West, both ecclesiastical and
civil law debarred women from giving testimony until late last century. In
Islam the testimony of a woman is accepted as equal to that of a man except in
financial cases. In fact the woman's testimony can even invalidate the man's in
certain cases. Among the pagan Arabs before Islam, inheritance rights were
confined exclusively to the male relatives. Islam abolished all these unjust
customs and gave all the female relatives inheritance shares. The payment of Mehar to the bride by groom without any
upper limit, provide additional financial security to the women. Moreover as
compared to men, Muslim woman is financially secure and provided for as a wife,
mother, daughter or sister by her husband, son, father and brother
respectively. Women are free to earn at their own free will; if they so desire:
the expenses of house hold is the responsibility of man. Regrettably in some
Muslim societies, the rights granted to the women by Islam are denied due to
the local culture and traditions, Islam has nothing to do with this. The rights
granted to women by Islam are unrivalled in the history of religion, evident
from the fact that among the new coverts to Islam in the West are women because
in Islam the women are not subjugated
but emancipated.
General Topics: