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Contents
Beliefs ........................................................................................................................4
1. Faith & reason in Islam ................................................................................................... 5
2. Reason and faith..........................................................................................................7
3. Understanding the Quran ........................................................................................ 9
4. Going back to the Quran ....................................................................................... 11
5. Postmodernism and the Quran ...................................................................................... 13
6. Little focus on Quranic values ...................................................................................... 15
7. Of life after death ......................................................................................................17
Culture and Civilisation ............................................................................................................. 20
1. Islam: the state or civilisation? ............................................................................. 21
2. Evolution of religion............................................................................................. 23
3. Civilisation and religion ...........................................................................................25
4. Religion‟s mosaic ........................................................................................................ 28
5. Islam, democracy and modernity .................................................................................. 30
6. Post-modernism and Islam ............................................................................................ 32
7. Pluralism in Islam .....................................................................................................34
8. Peaceful coexistence: Making space for differences .............................................. 36
9. Plurality of expression ..............................................................................................39
10. Debate vs dialogue .................................................................................................... 41
11. On interfaith dialogue ...............................................................................................44
12. Nature of life ........................................................................................................ 47
13. The knowledge society ......................................................................................... 49
14. Value of human dignity ........................................................................................ 52
15. The value of good deeds ...........................................................................................54
16. Spirit of brotherhood ................................................................................................. 56
17. Quarrelsome behaviour ............................................................................................. 59
18. Extremism does not pay ................................................................................................ 61
19. No sanction for terrorism .............................................................................................. 65
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20. Rigidity of ulema ......................................................................................................67


21. Fatwas can be changed..............................................................................................70
22. On the fate of nations ................................................................................................ 72
Social System of Islam ................................................................................................................ 75
1. Compassion in Islam ..................................................................................................... 76
2. Cosmopolitan ethics ..................................................................................................78
3. Islam & social reform .................................................................................................... 80
4. Social reform and Islam ............................................................................................82
5. Need for reflection .................................................................................................... 84
6. The fatwa on `fitna` ....................................................................................................... 86
7. Is Sharia immutable? ................................................................................................. 89
8. Tackling moral decline ............................................................................................. 91
9. Reformists at work ........................................................................................................ 93
10. The farewell sermon ................................................................................................. 97
11. Mohammad the liberator ....................................................................................... 99
12. Free will and predestination................................................................................ 101
13. The conquest of Makkah ......................................................................................... 104
Women Rights in Islam ........................................................................................................... 107
1. Women‟s dignity ....................................................................................................... 108
2. Women`s rights in Islam ......................................................................................... 110
3. Advocating women`s rights ........................................................................................ 112
4. Quran, hadith & women .......................................................................................... 114
5. Women`s share in property ......................................................................................... 116
6. Women and faith ..................................................................................................... 118
7. Gender justice in Islam ........................................................................................... 120
8. Gender relations ...................................................................................................... 122
9. Polygamy and the Quran .................................................................................... 124
10. The importance of „mehr‟ ......................................................................................... 126
11. Dowry is not Islamic ................................................................................................... 128
12. Honour killing and Islam ........................................................................................ 130
13. Muslim women and modernity ................................................................................... 131

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14. The burka debate ..................................................................................................... 133


15. Purdah: Quranic and social ......................................................................................... 136
16. Women, ulema and fatwas ...................................................................................... 138
17. Muslim women and change......................................................................................... 140
18. Why gender matters in education ........................................................................... 142
19. No sanction for wife-beating .............................................................................. 145
20. Women‟s access to holy places ................................................................................ 147
Economic System of Islam....................................................................................................... 150
1. Capitalism vs Islam ................................................................................................. 151
2. Economic disparity...................................................................................................... 153
3. Of economic justice ..................................................................................................... 155
4. Bank interest is not `riba` ............................................................................................ 157
5. Is riba-free banking possible? ..................................................................................... 159
6. Governance in Islam.................................................................................................... 162
7. Islam on good governance .......................................................................................... 164
8. Democracy and Islam .................................................................................................. 166
Miscellaneous............................................................................................................................ 170
1. The concept of justice ................................................................................................. 171
2. Justice pivotal to Islam ................................................................................................ 173
3. Is `ijtihad` a closed deal? ............................................................................................. 175
4. From jihad to ijtihad .................................................................................................... 177

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Beliefs

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Faith & reason in Islam


RATIONALISTS generally think faith and reason are contradictory and where there is faith
reason has no place. In other words faith is blind. Is it true?

It depends at what level we are examining the issue. It is certainly true if we look at it at the level
of the masses, generally poor and illiterate. They need faith which can provide them with some
security in a world hostile to them. They are exploited, oppressed and denied any security of life
and dignity. It is in this sense that Marx describes religion as the opiate of the masses. It gives
them consolation and kills their pain, otherwise unbearable.

However, at the level of educated, rich and otherwise secure individuals, religion assumes a
more complex role. Some such privileged people reject it as 'blind faith' and even ridicule it.
Some, having no deeper faith, treat it as an instrument to exploit the 'gullible'. Many politicians
using religion for their ends would fall in the latter category.

There is yet another category of people who may lack a deeper faith, but they rationalise its
beliefs for their own intellectual satisfaction. Among those are educated intellectuals who want
to keep both their faith and intellect but lack both in a deeper sense. Rationalising beliefs is
different from using reason to catch the essence of religion and separate what is essential from
cultural and other accretions. A sharp intellect like that of Farabi, Ibn Sina or Ibn Rushd is
needed for that, or one has to be a Ghazali to take one's faith seriously.

If we examine the dialectics of faith and reason, rising above all prejudices, we will find that
faith and reason are not only not contradictory but complementary. Both are needed for a
meaningful human existence. Blind faith or superstitious belief is as harmful as faithless razor-
sharp reason. The latter may result in scepticism. Faith is very important for even a scientist. A
statement that the sun will appear tomorrow also from the east as it has been appearing for
thousands of years is also a statement of faith — faith in the laws of nature.

A pure rationalist on the brink of scepticism may reject that statement as having an element of
faith in it. In Islam faith in certain core beliefs — what the Quran calls iman — is quite central.
The important question is faith in what? First, faith in core beliefs like the oneness of God, His
prophets, the holy books and the day of judgment.

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Secondly, faith is required in the values emphasised by the Quran, like truth, justice,
benevolence, compassion and wisdom. Thirdly, there is iman bil-ghayb, in the unseen and
unknown, as our senses have limited powers. Many unseen worlds have been discovered
expanding horizons of our universe to billions of light years and beyond.

But in the name of faith, aqidah, there have been innumerable additions over the centuries. It is
these historical accretions from culture, customs and traditions and superstitious beliefs today
that form part of our 'faith'. These accretions are totally irrational and are accepted blindly. And
as it happens in human society, powerful vested interests have developed around these
superstitious beliefs. It also includes miracle-mongering from a crude to a sophisticated level.
This has nothing to do with Quranic teachings or iman.

Reason in the Quran is as central as iman. The Quran lays great emphasis on fikr, aql and
tadabbir (thinking, rationality and contemplation). There are a number of verses in the Quran
emphasising the use of these faculties. Also, the Quran invites human beings, even opponents of
the Prophet of Islam (PBUH), to observe nature, go around the world (siru fil-ard) and see for
themselves how nature functions. The Quran also says that only ulema (those in the know,
observers of nature and scientists) really fear Allah (3528) as their knowledge of this universe
and the majesty of its creation hold them in awe.

Knowledge is so important in Islam that the Quran mentions the word 'ilm' and its derivatives
856 times, a record number; 'jihad' and its derivates, for instance, are mentioned only 41 times.
Thus, a Muslim must have faith in the core teachings of Islam and their values; a Muslim must
strive for achieving the highest level of knowledge and must constantly strive, with the exercise
of reason and intellectual power, in order to counter traditional accretions; a Muslim must
confront irrational practices that have crept in society in the name of religion.

A Muslim combats blind faith with imbibing rational faith with deeper conviction. His
conviction being unshakeable in rational faith, he is not afraid of exploring new horizons of
knowledge. These explorations further strengthen his iman (faith) and widen the knowledge of
Allah's creation. Only the weak in faith are afraid of reason. A man of faith always searches for
new knowledge while praying, as taught by the Quran “O Lord! Increase my knowledge
(20114).”

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Reason and faith


ARE reason and faith antagonistic or complimentary? It depends from what perspective you look
at them. The 19th century was a century of reason and faith came to be challenged by
rationalists. Even today rationalists reject faith as mere superstition.

The Quran, however, treads the middle path and emphasises the importance of both — faith as
well as reason. Today, this truth is dawning upon us that neither faith alone nor reason by itself
can suffice. Both are needed for a successful and meaningful life.

Reason alone can make us sceptical and faith alone can make many superstitious. Since
rationalists were severely persecuted by organised religion, they adopted the extreme position of
denouncing faith altogether and stressing the sufficiency of reason. The Quran invites human
beings to have faith as well as to reflect and think.

While reason gives us light, faith gives us deeper conviction and, it should be noted, no action is
possible without deeper conviction (imaan). The synthesis of reason and faith (aql and imaan)
can be called 'rational faith'. As escapticism (reason without faith) can paralyse action, blind faith
(faith without reason) can reduce us to the level of unthinking zealots. And both trends can be
harmful to society.

Islam arose amongst Makkah's Arabs to begin with, who were quite a practicable people. The
creamy layer in Makkah was indulging in trade and commerce and hence they tended to be
practical in outlook, unlike the agriculturists who tended to be more superstitious as their life
depended primarily on natural forces. Thus Makkah's Arabs believed in practical rationality.

They did not have much time for reflection and the finer values of life and otherworldly matters.
For them everything was here and now — profit, accumulation of wealth and the comforts of
life. Achieving these objectives was the main purpose of life for them. They were least bothered
that their way of life was causing misery to the lower classes that were immersed in superstition.

The Quran stressed on values like equality, human dignity, compassion and caring for the poor
and downtrodden, something neglected and ridiculed by this creamy layer of Arabs. Thus
Quranic teachings meant a revolution for them. It gave them light of reason as well as of faith to
give their lives a new meaning and direction.

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However, when Islam spread to other countries like Iraq, Iran and Egypt, it came face to face
with more complex cultures and weltanschauung. Also, unlike the Umayyads, the Abbasids
depended more on the newly emerging Iranian middle class for administrative support and hence
the Mutazillites acquired primacy during their rule. And translation of Greek tomes of
philosophy deeply influenced Muslim intellectuals, as Darul Hikmah in Baghdad became the
storehouse of wisdom.

Thus reason began to acquire primacy in the Islamic world and philosophers like Ibn Sina
(Avicenna) and others, mostly of Iranian origin, rose to great prominence and prestige; so much
so that their books became valuable sources of study in European universities also. This caused
unrest among a section of Muslim ulema and orthodox scholars.

Many prominent ulema refused to accept the Mutazila doctrines which the Abbasids rulers tried
to enforce with the might of the government. The bitter controversy about the createdness of the
Quran (the belief that the Quran was created and not co-eternal with Allah) divided the Muslim
scholars at the time. The Sufis were also not comfortable with emphasis placed on reason as
against spirituality.

Also, there was an interesting controversy that while the Mutazillites maintained that something
is good because reason says so and hence it becomes good in the Sharia law, the orthodox ulema
maintained that something is good because the Sharia says it is good. Thus, the Sharia is absolute
and God-given, according to the latter.

The Sufis in general, and Ghazali in particular, were quite uncomfortable with the widespread
influence of reason in the Islamic world at the cost of spirituality and orthodoxy. An interesting
debate took place between Ibn Rushd (Averroes) and Ghazali. Ghazali wrote the book Tahafut
al-Falasifa (bewilderment of philosophers) to which Averroes replied by writing Tahafut-Tahafut
al-Falasifa (bewilderment of the bewilderment of philosophers).

This debate between reason and faith is a milestone in the intellectual history of Islam. The
masses went with Ghazali, not with Averroes. Averroes is known only to a few intellectuals and
philosophers whereas Ghazali, like other Sufis, has a great following among Muslim masses.
Ghazali maintains that reason leads only to doubt and uncertainty whereas faith leads to a deeper
conviction.

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Well, philosophers may be comfortable with uncertainty and consider this a price worth paying
for a better understanding. But, many others, with a spiritual bent of mind, opt for a deeper
conviction which faith alone can provide. The Quran emphasises both, for one without the other
leaves us either intellectually blind or unable to act.

Understanding the Quran


Asghar Ali Engineer

HOW to understand the Quran is an important question. Generally we pick and choose a verse to
prove our point. Thus, many Muslims have different positions in understanding the verses of the
Quran.

There is nothing wrong with different understandings but this should not lead to anarchy. There
has to be a methodology so that the Quran, despite different ways of understanding it, should be
understood under certain guidelines. There should be uniformity in the principles of
understanding.

I would like to throw light on how under a certain well-defined methodology one can try to
understand the Quran so as to avoid arbitrariness. Taking one verse when there are so many other
verses on the subject cannot yield a proper result, but this is precisely what is done by many
theologians.

Let us take, for example, the question of polygamy. Our ulema generally quote verse 4:3 to
justify polygamy unconditionally. But there is another verse on this subject, i.e. 4:129; if both the
verses are read together it would yield a different result. The second mentioned verse is so
emphatic on the question of justice that taking more wives than one becomes secondary; justice
becomes more important and yet our jurists and theologians hardly refer to 4:129.

They keep citing verse 4:3 only. Though 4:3 also puts emphasis on justice, it also says that if you
fear you cannot do justice then marry only one woman at a time. If both the verses are read
together it becomes the duty of the qazi to make a rigorous inquiry as to why a person is taking
another wife and whether the man really needs another wife.

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Also, in view of such a strong emphasis on justice definite rules will have to be laid down to
define what would amount to doing justice by the wife. This has never been done by our
conventional theologians.

Another important question is of wife-beating, referring to verse 4:34, which is cited as Quranic
permission to beat one‟s wife. But all other verses about women‟s rights and women‟s treatment
contradict this. What is needed in this case too is to read all the verses on the treatment of
women, and to read all verses using the word daraba (for beating) in the Quran; and the result
would be very different.

This would show that the Quran could never allow a wife to be beaten by her husband. First of
all it should be noted that all the verses on women in the Quran emphasise their rights vis-à-vis
their husbands, and all verses relating to men emphasise their duties vis-à-vis their wives. If it is
so then how can the Quran permit the beating of one‟s wife? All verses on treatment of wife, or
even after divorce, say that wives should be treated with ihsan and maruf (i.e. good and morally
approved behaviour).

Then, the Quran also says that Allah has created love and compassion (mawaddat and rahmah)
between husband and wife. If then husband is allowed to beat his wife, love and compassion
have no meaning left between the two whatsoever.

One can argue that beating is allowed in case of nushuz (rebellion, uprising) but then if nushuz is
rebellion how serious is that rebellion to warrant a beating? The fact is that the Quran does not
use any word with nushuz to show its seriousness in the matter. One of the theologians I had a
discussion with said it amounted to extramarital relations on the part of the wife. But if it is so, it
warrants perhaps a more serious punishment and that punishment cannot be meted out by the
husband but by a court of law or a qazi.

There are several other verses in the Quran which use the word daraba in several other meanings.
Imam Raghib, a 12th-century lexicographer of the Quran, points out that in pre-Quranic Arabic
daraba ala meant a male camel going to a female camel to mate.

If we take this meaning the verse would suggest that if she desists from her „rebellion‟, the
husband could go near her and this seems to be more appropriate, as the previous line of the
verse advises the man to isolate his errant wife before resorting to any extreme action. It would

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mean that after reconciliation between the husband and the wife after she had been isolated, the
husband should go near her.

Thus, the verse would yield a very different meaning if we adopt a proper methodology of
understanding the Quran. It makes all the difference. So far the theologians, using the pick-and-
choose method, have concluded that the Quran permits wife-beating. This is in total contrast to
another verse in Quran, 33:35.

This verse equates man and woman in every respect and says both will be rewarded equally for
their good deeds; hence the question of one exercising a blanket authority over the other does not
arise. Also, one has to keep in mind that the Quran avoids using the words „husband‟ and
„wife‟; it uses the word zawj (spouse) for both, indicating that both are treated absolutely equally
by God.

These are illustrative examples and not exhaustive. If we use this kind of methodology to
understand the Quran, many of our problems can be easily resolved; it would be easier to arrive
at more comprehensive meanings of the Quranic verses, and many objections hurled at the Quran
by non-Muslims can be easily dismissed.

Going back to the Quran


Asghar Ali EngineerApril 03, 2009

BUT first the one in the English-language daily. This report was based on interviews with young
madressah-going girl students from Kerala. The madressah authorities had banned the press from
talking to the girls. It is interesting to note that these girls, like others elsewhere, conveyed
aspirations of their own. A 15-year-old said, `I want to become a pilot,` another said, `I wish to
become a doctor.` A third girl said she wanted to become a civil servant. Most other girls also
showed similar aspirations to achieve something great in life.

The other story in the Urdu daily reported a speech by Maulana Shamsuddin Chaturvedi who,
while conferring the `turban of merit` on students who had completed memorising the Quran,
said that Islam was a complete code of life and that we must observe its teachings, not allow our
women outside the home and make them observe the veil.

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The maulana further said that women were the embellishment of the home and that they should
not venture out; that unlike our ancestors, we do not observe the teachings of Islam today; that
we dishonour our families by allowing women to become `lax` in their morals.

The sum and substance of his exhortations was that Muslims should exercise strict control over
their women. It is such ideas that have contributed significantly to decline amongst Muslims
today.

Going back to the madressah girls` story, what does the contrast in their thinking and that of the
maulana show? That Muslim women want what some of our `ulema` don`t desire for them. It
clearly shows that many sections of the ulema today live in a world of their own. This, while
they keep saying that even they do not live in an ideal world as endorsed by Islam. They live in
the world of Islam but with a mediaeval mindset.

This is precisely the world in which the Taliban also live, and that is why they persecute, harass
and even kill those, including women, who want to achieve something in this life. Just before I
read these reports I was surrounded by some Hindu women who worked among Muslim women
for their uplift in Bihar. They asked me why so many restrictions were put on women and why
Muslims could divorce their wives by pronouncing the word talaq thrice. I began to explain to
them that it was not the true teaching but that some Muslims used controversial traditions to
allow these things to happen.

Two Muslim journalists who had come to interview me were also sitting by my side. When I
used the words `controversial traditions`, they became angry and began arguing with me as to
`whose` Islam I was talking about. It is your Islam, not the real Islam, they said. They were
apparently `educated`; yet they had a similar attitude to the faith as our traditionalist ulema do.
These days our institute in Mumbai is conducting interviews with noted ulema in order to codify
the Sharia laws pertaining to Muslim marriage, divorce, inheritance etc. as they are applied today
very loosely in India. When they were asked about codifying rules for regulating polygamy, most
of them maintained it could not be regulated as men had the `right` to take up to four wives
without even consulting the existing wife or wives.

This is necessary, they maintained, to check prostitution. The Holy Quran does not even
indirectly justify polygamy on such grounds. When one points out that the verse on polygamy
was revealed after the battle of Uhad, in which 10 per cent of Muslim males were killed and it

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was meant for taking care of widows and orphans, not to check prostitution, they say it is one`s
own invention.

Some of the ulema interviewed even showed ignorance of Verse 129, which says you cannot do
justice to more than one wife, even if you desire and do not leave the first wife suspended
(mu`allaqatan). They still argued that a man had the unrestricted right to marry four wives. It is
ironical that to such traditional ulema, the tradition as practised in mediaeval times should be
more important than what the Quran spells out in clear terms.

There is thus an urgent need to re-educate our ulema running the madressahs so that Muslim
women can breathe easy and be able to realise their potential in society, something on which we
spend so much of our oratorical skills but then go on to deny them these rights in practice. One
form of jihad in our times must be to struggle for women`s rights which are so concretely and
precisely spelled out in the Quran, and which they continue to be denied.

The faith can no more be practised the way it was during the mediaeval ages. Islam must always
be seen as being in conformity with the Quran over and above all else. The Quran is the revealed
word of Allah; any departure from it and giving mediaeval tribal traditions precedence over it
can only produce the Islam practised by the Taliban.

Postmodernism and the Quran


A GENERAL perception in the West is that Quranic teachings discourage progress and are
incompatible with a modern way of life. Those who hold this view fall in three groups anti-Islam
elements; atheists who are opposed to all religion and spirituality; and rationalists, who consider
religious teachings irrational.

We do not want to discuss here the case of anti-Islamic elements as they have their own politics
and cannot be expected to examine Islamic teachings dispassionately and rationally. However,
the case of atheists and rationalists is a little different. They are not necessarily anti-Islam but
opposed to religion in general.

Many become victims of cultural and linguistic confusion, besides practices which can be
ascribed to customs and traditions rather than religion, and instead of understanding the complex
relationship involving religion, culture, language customs and traditions, they damn religion

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straightaway. To say the least, their reading of the Quran is not only partial, it is selective and
thus prejudiced and hostile. One must study their writings and reply point by point with in-depth
scholarship and patience. Condemnation alone will not do.

I have been studying the Quran for the last 40 years and also have actively engaged socially to
bring about reform and change for which I studied various reformist as well as revolutionary
movements and also the implications of modernity and post-modernity. I have found that the
Quran, if studied from modern and postmodern perspectives, helps us cope with both.

What have been the characteristics of modernity? Freedom of conscience, individual and human
dignity, democracy, gender equality and a scientific outlook. The Quran lays stress on freedom
of conscience (2256); democratic and collective decision-making (4238); dignity of human
beings (1770); gender equality (2228; 3335). Numerous other verses urge one to reflect on the
creation of the universe, the creation of human beings, animals and so on to encourage a
scientific outlook through inductive reasoning.

No wonder, then, that physics, mathematics, optics, chemistry and rational philosophy prospered
during the first four centuries of Islam and became source material for European universities and
subsequent scientific developments. This has been acknowledged by various European scholars
and historians.

However, a decline began to set in when for various political and other reasons (including the
traditionalists' reaction to excessive importance being given to rational sciences by philosophers
and scientists), traditionalists and conservatives became a dominant force. They in a way
hijacked Islamic teachings, making Arab traditions instead of Quranic values central to temporal
problem-solving and formulating Sharia laws.

I would also like to assert here that the Quran is no less compatible with post-modernity
thinking; in fact, it is most compatible with it because it makes religious pluralism and
multiculturalism the very basis of creation (548 and several other verses). It exhorts Muslims to
show equal respect for others' prophets (biblical and others), as all were sent by Allah in different
cultures, with teachings handed out in different languages. The Quran is in Arabic only because
it addressed the Arabs primarily and others through them. Quranic teachings clearly assert that
the existence of different tribes, races, people of different colours and speakers of different
languages is acknowledged and owned in deference to the respective people's identities; there is

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no room here to establish any superiority; no religion, language or culture has hegemony over
others.

Also, another characteristic of post-modernity is to negate absolute hegemony of reason, while


modernity tends to be quite intolerant in its rejection of everything extra-rational. Postmodern
thinking, like Islam, admits faith and spirituality besides reason as being fundamental to
meaningful human existence.

Thus, the Quran, while accepting the importance of material existence and worldly human needs,
does not neglect, as modernists do, the forces of faith, tradition and culture. However, it is highly
regrettable that our traditionalist ulema, immersed in their customary learning, have lost sight of
these important insights of the Quran, and that they rely only on narratives developed in the
medieval age to pass rulings on contemporary issues.

It is only a few ulema, well-versed in traditional Islamic learning and in modern and postmodern
social, political and economic movements, who can understand universal Quranic insights and
project Islam in the right perspective. Most of the existing ulema cadre has unfortunately become
reactive and defensive. This has resulted in a loss of original thinking and reflection which the
Quran encourages. It is tafakkur (reflection) on the universe which will help Muslims progress,
and not defending medieval traditions. The sooner we realise this the better for us.

Little focus on Quranic values


ON the occasion of Miladun Nabi recently, the ulema showed their skills of oratory saying that
Islam is the solution to all our problems. The rhetoric is repeated year after year.

No one used the auspicious occasion to reflect on why the Muslim world is in turmoil and
riddled with serious problems if this is the case. The Muslim world must be able to put its own
house in order, and also have a leading global role in solving modern-day problems. The harsh
reality is that we use such rhetoric to hide the truth about the Muslim world. It needs not only
honest reflection but also calls for a serious rethinking of issues.

We should also know, if we care to face the truth, that what is happening in the Muslim world
today is contrary to what the Quran teaches, and we are never tired of talking about those lofty
teachings. For example, we say Islam gives equal rights to woman, but in the Muslim world

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women are most backward and oppressed and facing serious problems. Unfortunately, the whole
world has come to think that Islam suppresses women's rights more than other religions do.

We say that the Quran places a great deal of emphasis on knowledge, and there are innumerable
verses, perhaps more than on any other subject, on ilm. But we find the Muslim world swamped
with illiteracy. It has never tried to excel in the acquisition and dissemination of knowledge in
the modern world. It is a pity that it does not have a single university which can be listed among
the top 100 in the world.

It is also unfortunate that it has not produced any Nobel laureate in the natural sciences. Instead
of being proud of his achievements, Pakistan was more concerned that Professor Abdus Salam,
who worked and did his research in the US and set up an institute in Italy, was an Ahmadi. His
proposal to Saudi Arabia to finance his laboratory for research in particle physics was rejected. It
was then financed by Unesco.

The Quran lays great emphasis on justice which is one of the names of Allah (Allah is Adil) but
we hardly find traces of justice in the Muslim world. In fact, like the five pillars of Islam there
are five most fundamental values in the Quran i.e. truth (haq), justice (adl), benevolence (ihsan),
compassion (rahmah) and wisdom (hikmah). These all derive from Allah's own names, and
hence these values are most fundamental. We emphasise the five pillars of Islam — and rightly
so — but never the five basic Quranic values.

Take a look at the Islamic world and you will find Muslims enthusiastically emphasising and
even practising the five pillars of Islam but you will hardly find any practising Quranic values.
These values are very modern and indeed represent the solution to many of our problems today.
But while the Quran greatly emphasises these values, the Muslim world totally neglects them in
practice.

If we go beyond the rhetoric and start grappling with reality, the starting point will be to make a
serious attempt to establish the causes of our lack of enthusiasm in the Muslim world for Quranic
values. We should ask ourselves as to why our great orators outdo one another in emphasising
the five pillars but not the five Quranic values. The fact is that in modern times no other system
ever emphasised these values so much as the Quran; yet, the whole history of Islam is bereft of
these values.

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Is it not true that the Muslim ruling classes found these values great obstacles in the way of their
interests and saw to it that these values were not emphasised at all? Any serious student of the
Quran, reflecting honestly on its teachings, would know that the five pillars of Islam and the five
values of the Quran not only complement each other but also that one is incomplete without the
other. Yet, we emphasise one without the other.

It will be of great benefit to Muslim masses everywhere if both the pillars and the values are
emphasised simultaneously. But we know that the ruling classes exert their influence on the
entire political and educational system to smother any attempt to emphasise these values. And
without practising these values, the Muslim world can never take the lead in the world. 'Islam is
the solution' will remain only empty rhetoric, repeated as it may be endlessly.

It is precisely for this reason that along with these pillars and values, the Quran lays so much
emphasis on knowledge. It is knowledge which brings awareness, and awareness translates into
action. In the Muslim world today, there is neither awareness nor action, and any popular
movement is put down by the ruling classes. Does not this state of dismal affairs, then, demand
some serious rethinking by Muslim intellectuals?

Of life after death


Nilofar Ahmed

THE concept of accountability and those of sawab-i-jariah, isal-i-sawab, the Day of Judgment,
and Heaven and Hell play an important part in Islamic theology. There is an interesting link
between all of these concepts and that of the period immediately following life after death, i.e.
barzakh (a purgatory of sorts).

The literal meaning of barzakh is „barrier‟. The term barzakh is applied to three aspects of life
after death: the time during which the body rests in the grave, the interim period between death
and resurrection, and the place in which the soul, now the main instrument of existence, will
abide during this time. This period forms a barrier between this life and resurrection, when the
dead will be raised again (23:99-100); judgments will be passed and intercession will take place.

When the angel is commanded to draw out the soul of a person, the door to asking for
forgiveness is now closed (4:18). If the person in the throes of death is a good believer, then the

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angel is instructed to convey the greeting of God to him (33:44, 36:58), and the soul leaves the
body with great facility. The soul also meets close relatives who come to greet him, hears and
replies to the greeting of the visitor to the grave and informs the old inmates about the latest
developments in the world.

After burial, or its equivalent, the soul will be returned to the body temporarily, to face those
questions, the answers to which will determine the future, permanent abode of the soul. The
Prophet (PBUH) said that whoever is successful in the first, most difficult stage of the grave, will
find the later stages to be easy (Tirmizi). Two angels appear and ask questions like, “Who is your
Lord? What is your faith? What is your opinion about the man (the Prophet) who was raised up
amongst you? And, how did you come to know about all this?”

When all the correct answers are given, it is proclaimed from the heavens, “Lay out the carpet of
Paradise for him and dress him in the robe of Paradise and open a door for him in the direction of
Paradise”. A door is opened through which enter the fragrant breezes of Paradise and its pleasant
sights become visible (Abu Dawud).

The Prophet (PBUH) said, “Your deeds are presented to the prophets and to your parents on
Friday. They are pleased by the good in them and the brightness of their faces increases. So fear
God and do not give pain to your dead” (Tirmizi).

A person asked the Prophet (PBUH) as to what was due to his father after he had died. The
Prophet replied: praying for him, sending istigfar (asking for forgiveness), honouring his
promises and keeping in touch with his relatives (Abu Dawud).

Some of the most highly elevated souls will be those of the martyrs, of whom there are two
categories: those who have succumbed to certain ailments and calamities, and those who have
died fighting actively in the cause of God. For example, those who died due to a plague,
intestinal ailments, drowning, being trapped in a collapsed building, or in self-defence, family,
possessions or guarding the faith, or fighting for his rights and a woman who died in childbirth,
are all martyrs (an-Nasai). They will be rewarded in the Hereafter. The martyrs who died in the
cause of God, have a unique spiritual status in barzakh. The Quran says, “… they are alive and
with their Lord is their provision.” (3:169). There is the belief that after a person dies, his destiny
cannot be changed because the door for any further deeds, good or bad, is now closed and his
record book is sealed. But one cannot ignore the concepts, mentioned in several hadiths, of

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sawab-i-jariah and isal-i-sawab. The former is an act done during one‟s lifetime, which merits
continuous reward, such as digging a well, planting a tree or building a school or a mosque, or
imparting knowledge. It can also be the good deeds, taught by a person to someone, if they
continue to perform them and spread their benefits.

Isal-i-sawab is doing any good act with the intention of sending its benefit as a gift to a dead
person. Reciting istigfar is the best gift. It can also be the prayers said for a dead person by
family, friends or the spiritually elevated. In all these ways, one‟s record can be bettered and one
can reap these benefits till the end of time. The believers will be forgiven a great deal of their
sins because of the prayers of the living.

Ibn Sireen said that the soul resides in the house of truth therefore, whatever it relates in a dream,
is true. Muhammed Zauqi Shah in his book, Barzakh, says that the grave-dweller will repent that
he did not give more importance to his deeds than to his relatives, friends and worldly wealth. If
the sole pleasure of the soul in this world was remembrance of God, then barzakh will be
blissful. Zauqi Shah says that it does not make sense to sacrifice the immortal soul for the
pleasures of the mortal body.

Barzakh is also the time during which some benefit can still be reaped from what one did in the
world and also from the gift some people would like to send to the dead. It is also like a waiting
room in which the persons concerned will get a foretaste of what is in store for them in eternal
life.

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Culture and Civilisation

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Islam: the state or civilisation?


Asghar Ali Engineer

MANY scholars maintain that Islam and the state are inseparable, thus reducing Islam to a
political ideology. This approach, though in a way, historically dictated, has caused much power
struggle among different groups of Muslims.

The bloodshed which took place between the Umayyads and the Abbasids is enough to horrify
any religious Muslim, and yet this ideology has remained rooted in Islamic society for centuries;
it has taken another form in a post-colonial society. In the Islamic world, dictator after dictator
has seized power in the name of Islam and declared the establishment of an Islamic state, making
'Islamic' punishments binding.

They have imposed medieval jurisprudence uncritically, resulting, among other things, in serious
gender disparity. Countries from various regions of the Islamic world have suffered from this
practice. There are only few exceptions to the rule in the Muslim world today. Islam, one must
understand, is not primarily a political ideology but a religion which gave rise to a great
civilisation, and has its own foundational values. Islam basically arose in an urban setting, and in
view of inter-tribal disputes it laid great stress on unity and brotherhood of all (all believers are
brothers and sisters [1049]; the word 'ikhwatun' being inclusive of both genders).

Yet, a lust for power divided Muslims and caused serious enmities. The Quran stresses non-
discriminatory behaviour between one tribe and another, one ethnic group and another, whereas
power struggles were based on these very divisions. As opposed to that, civilisations are built on
cooperation between all groups, not fighting among them. The other foundational values of
Islamic civilisation are truth, justice and compassion.

These values were actually practised by the Sufis on the one hand, and ordinary Muslims on the
other. The Sufis never allowed Islam to be reduced to a political ideology and kept away from
divisive politics. As opposed to power, they emphasised love, another civilisational value. Great
Sufi masters like Muhiyuddin Ibn Arabi and Maulana Rumi believed in the power of love and
persuasion instead of power per se.

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A power struggle brings about what Prof Huntington has theorised as a 'clash of civilisations'.
The US Right needed an enemy after the collapse of communism and hence they invented one in
the Islamic civilisation. The former reformist president of Iran, Mohammad Khatami, instead
gave a call for a dialogue of civilisations and proposed at a UN meeting to adopt it as its
programme.

As against power, the Sufis for ages carried on a dialogue with the people of other religious
groups, with Jews, Christians, and Hindus in India. While kings and sultans grabbed power
causing so much bloodshed, the Sufis followed the Islamic civilisation's values and pursued the
unity of people — Muslims as well as non-Muslims. Ibn Arabi even went to the extent of saying
“My Sharia and din is love”.

The Quran also lays emphasis on pluralism. According to the Quran, Allah could have created
one people but He created diversity and plurality so that He can test us and it is better to
cooperate with each other in good deeds (548). Thus, rather than fighting, one should cooperate
for good deeds the basis on which all civilisations are built.

Today, the world again is torn by conflict, especially countries like Pakistan, Afghanistan, Iraq,
Palestine and Yemen. These are the countries where various American interests are at stake,
making brothers kill brothers with bombs and acts of terror. Everyday scores die in these
countries, taking them away from the path of civilisation.

What Muslims should concentrate on is their fiqh, bringing it in conformity with the spirit of the
Quran rather than basing it on disputed historical literature. The Quran's basic emphasis is on
justice, especially gender justice, which in turn is the very basis of a great civilisation. Muslim
societies desperately need gender equality by giving women their due. The Quran also
emphasises the treading of the middle path, whereas we tend to go towards extremism in religion
and politics.

The Quran has not addressed a single of its verse to kings or rulers but to the Prophet (PBUH)
and the people in general, and believers in particular. If we establish the primacy of politics, it is
the rulers who have to be responsible for everything whereas the Quran puts the primary
responsibility on all believers who, in cooperation with other non-Muslim groups, should create
a just and compassionate society. Thus, it demands of the believers to “cooperate with one
another in righteousness and piety and help not one another in sin and aggression” (52).

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Evolution of religion
Nilofar Ahmed

MANY western Orientalists considered Islam to be a syncretic religion and that Prophet
Muhammad (PBUH) had tried to reconcile some points from older religions with some of his
own, to form a new configuration.

But Muslims believe that only one religion was revealed — in instalments — through a long
chain of 124,000 prophets from Prophet Adam to the Holy Prophet.

With the advent of every prophet, some new information was added for that prophet‟s ummah
and that particular time and place, continually moving towards perfection. Finally, the Prophet
and the Quran completed all messages and gave the new concept of a common vision of one
Creator, one humanity, one cosmos, and a universal consciousness for all times and places.

Muslims need to remember that Islam is an anti-racial, non-hierarchical, all-embracing universal


religion which confirms and unites all revealed religions. The Quran is addressed not only to the
believers but innumerable times to humanity at large with the words, “O people!” (35:3).

All other scriptures were meant for a particular time, place and people. But the Quran transcends
time and place, even though it has historical narratives and teachings from the time of many
prophets.

In the Quran, many prophets are reported to have said that they are Muslim: one who believes in
and is obedient to the one God and the last Prophet of his time. In Surah Baqarah the Prophet is
told that the pious are, “…those who believe in that which was revealed to you and that which
was revealed to those before you….” (2:4). The Prophet made it incumbent on every Muslim to
believe in and respect previous revealed religions, their books and their prophets.

The Prophet was instructed, “Say, „We have come to believe in God and whatever has been
revealed to us and what has been revealed to Ibrahim and Ismail and Ishaq and Yaqub and their
descendants, and what was given to Musa and Isa and what was given to other prophets from
their Lord. We do not discriminate between any of them. And we are Muslims, surrendering to
Him‟ ” (2:136).

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In Surah Aal Imran it is said, “Ibrahim was neither a Jew nor a Christian, but he was an upright
Muslim, who surrendered completely to God” (3:67). Surah Hajj says, “…(It is) the path of your
father Ibrahim. He (God) gave you the name Muslim earlier and even in this (Quran)” (22:78).
Prophet Nuh said to his people, “…My reward is with none but God, and I have been asked to be
one of the Muslims, surrendering to Him” (10:72).

Hazrat Musa said, “O my people, if you have come to believe in God, then trust in Him alone, if
you are Muslims” (10:84). Surah Aal Imran says, “When Isa sensed disbelief among them, he
said, „Who will help me in God‟s way?‟ His disciples answered, „We are helpers (in the way) of
God. We believe in God, and you are our witness that we are Muslims, surrendering to Him‟.”
(3:52).

In this process of evolution Prophet Isa said that he had come to make lawful part of what was
forbidden (3:50), to lighten their burden. He made the meat of camels, the fat of beef and mutton
and hunting and fishing on the Sabbath lawful.

This process continued. Surah A‟raf says about the Prophet, “… He lightens from them their
burden….” (7:157). The Prophet said that he had been given preference over other prophets in
five things: He was made victorious by awe, the whole earth was made a mosque and a source of
ablution for him, the spoils of war were made permissible for him, he was given the right of
intercession and was sent as a prophet to all creation (Bukhari). He also did away with
monasticism, restricted the Sabbath to the time of Friday prayer and gave women legal rights and
an equal spiritual status.

The coming of Prophet Muhammad, the final prophet, was foretold in the previous revealed
scriptures of the world and according to some scholars some of it can still be found in the
Zoroastrian, Hindu and Buddhist texts as well as Jewish and Christian scriptures extant today.
The Quran says about those who believed in the Torah (Old Testament) and the Injeel (New
Testament): “They recognise him the way they recognise their sons” (2:146, 6:20), because the
Prophet was described clearly in their books.

The Old Testament states, “And the book is delivered to him that is not learned, saying, „Read
this, I pray thee‟: and he saith, „I am not learned‟ ” (Isaiah, 29:12). These are the words that the
archangel Jibrail and Prophet Muhammad exchanged at the time of the first revelation (96:1).
The New Testament says, “And I will pray the Father, and He shall give you another comforter,

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(so) that he may abide with you for ever” (John, 14:16). According to Muslim belief, the Prophet
will continue as the appointed prophet till the end of time.

On the occasion of Haj in 10AH, it was revealed: “…Today, I have perfected your religion for
you and have completed upon you My blessing, and have chosen for you Islam as your faith….”
(5:3). With the Prophet the process of the evolution of the monotheistic, revealed religion was
completed and reached perfection.

Hence, Muslims believe that Islam will continue to fulfil the spiritual as well as worldly needs of
people, transcending space and time.

Civilisation and religion


Muhammad Ali Musofer

THE study of religion has been a phenomenon of interest. It is because of this curiosity that
historically different perspectives have been developed to understand, interpret and extract
meaning from religious concepts and practices.

Some of the dominant approaches have been theological, jurisprudential, spiritual etc.

However, with developments in human knowledge, particularly with the emergence of the
disciplines of sociology and anthropology, the civilisational or cultural perspective has become a
dominant feature in the study of religion.

Broadly speaking, the civilisational or cultural perspective attempts to understand religious


concepts and practices through cultural viewpoints and expressions. According to this
perspective, faith cannot be exercised in a cultural vacuum. Rather, it needs a context.

Therefore, faith and culture are integrated. Where religious concepts shape the culture of a
society, religion gets influenced by culture. Hence to understand religion one needs to explore
and reflect on the multidimensional expressions — such as literature, music, art, architecture,
philosophy etc. — of a culture or society.

Islam is a revealed religion with a long and dynamic history. During its extended history, Islam
has voyaged through different societies and inspired them. The inspirations from the divine
message have been expressed differently in various contexts. The colourful expressions of

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Muslim societies can be observed in their rich cultural/intellectual heritage such as literature,
architecture, art, calligraphy, theology, philosophy and so on, that they have contributed to
civilisation.

The civilisational dimension of Islam has received less attention from academia in comparison to
the theological dimension. Even today Islam is discussed narrowly following the mediaeval
logical approach. The majority of educational institutions in the Muslim world are still
concentrating on the theological aspect in their study of Islam.

However, a few institutions and individuals are making conscious efforts to include the cultural
dimension of Islam in the areas of research and study. For instance, Marshall Hodgson‟s book
The Venture of Islam is one of the examples that explore Islam as a civilisation rather than a set
of theological, abstract concepts.

Why do we need the cultural approach to study Islam? This perspective may be significant for
different reasons. First, this approach provides a broader perspective to look at a religion. It does
not focus on one area. Rather, it encompasses all the activities taking place in a society. It does
not judge the different cultural expressions. Rather, it explores them to understand. It encourages
making space for differences by appreciating the diverse expressions.

Secondly, this approach attempts to understand the process of cultural and religious diversity in
society. Today, in many Muslim societies the question of „pure‟ culture is emerging as a
challenge. Sometimes certain cultures are seen as superior or more Islamic and efforts are made
to impose these on others by force. This question has created internal polarisation among
different groups of people.

There is a dire need to understand that cultural purity is a relative concept and one culture cannot
fit all Muslims across the world. The context matters in different aspects of life such as clothing,
food and housing. For example, living in a desert area demands different clothes and food as
compared to people living in mountainous areas.

The cultural approach provides space for people to tolerate and appreciate differences rather than
put others down by force. Hence, it would be helpful for Muslims to understand each other and
reduce the conflict within Muslim societies.

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Thirdly, the cultural approach is important to learn from history how Muslims responded to
challenges in the past in different contexts. It would be helpful in identifying and analysing the
factors that support or contain a society‟s development and progress. It will lead towards
devising new responses for emerging challenges rather than only depending on the past.

Furthermore, this perspective provides an opportunity to people to understand the interaction


between different civilisations and faiths. Historically, civilisations have interacted and
negotiated with each other. Where there are differences among civilisations there are many
commonalities as well.

The process of studying religion through the cultural perspective facilitates understanding and
creates harmony between different faiths and civilisations. The civilisational approach will be
helpful for Muslims as well as others to understand the common ground for coexistence.

In addition, the civilisational approach also encourages learners to be creative in learning from
the past and applying it to the present. This approach leads the learner to move from the domain
of memorisation to comprehension, application and creation. Ultimately, as a creative approach
it leads to a higher level of learning and understanding.

This perspective also includes the practices of common people. Historically, it has been observed
that while exploring the history of religion mostly the elites and rulers have been in focus while
the common people have been left out. Thus the civilisational perspective in studying religion is
a more inclusive one.

In sum, today we are living in a complex and multicultural world. Such a world demands
creative and inclusive approaches to understand the complex issues of contemporary societies.

We need to reflect on our understanding of religion in order to reconcile it with the challenges of
the contemporary world. In this regard the civilisational approach can be instrumental in bringing
a fresh outlook to understanding and reinterpreting religious concepts and practices.

We need to include this perspective in our curriculum along with other traditional approaches. It
will help our younger generation to understand their religion in a broader perspective,
particularly in comprehending the importance of context in religion.

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Religion’s mosaic
Muhammad Ali Musofer

Religion is commonly seen by believers as divine inspiration for the guidance of mankind. The
heavenly inspiration, mostly recorded in sacred books, reveals itself in figurative and allegoric
language. When mankind endeavours — with human capacity — to make meaning of the divine
message, the result is diverse expressions. Therefore, multiplicity of understanding and
interpretation exists in most world faiths.

During its journey, Islam shaped different cultures and reciprocally, some Islamic concepts and
practices got coloured by local cultures as well. It is evident that Muslims of different cultures
and geographies tried to make meaning of Islamic teachings within their context and culture.

Historically, whenever Muslims faced new situations and challenges they had to look at their
faith with different perspectives to seek fresh insight. It was because of this attitude that Muslims
in the early period of Islam contributed diversely to the treasures of human knowledge such as
theology, philosophy, art, architecture and literature.

Diversity is a historical reality and cannot be eliminated

Islam as a faith appealed to different faculties of humankind such as the intellectual and the
spiritual. Therefore, people with different interests focused on different aspects of Islamic
teachings.

For example, people with intellectual drive got inspired by the intellectual dimension of Islamic
teachings. During their interaction with different cultures, Muslims encountered various
theological and philosophical discourses. Many Muslim theologians and philosophers became
engaged intellectually with theological and philosophical concepts. They endeavoured to explore
the then existing discourses and tried to harmonise them with Islamic teachings. As a result,
diverse theological and philosophical traditions are found in Muslim history.

Similarly, many Muslims were deeply inspired by the spiritual dimension of Islam. The Sufis
and some other groups focused on the spiritual facet in order to seek guidance and salvation.
This is the reason that a huge amount of inspirational literature is found in Muslim societies.

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Furthermore, people with interest in jurisprudence showed overwhelming engagement with the
legal dimension of Islam. Such engagement contributed to developing rich jurisprudential
traditions in Muslim societies. At times, due to political reasons, the jurisprudential aspect
remained more influential than the other dimensions of Islamic teachings.

The above examples reveal that trends within Islamic history have not been monolithic, but more
a mosaic of understanding. This mosaic, with its plurality of understanding and interpretations, is
an integral part of Muslim history.

Today, many Muslim societies, like Pakistan, reflect the diversity of Muslim history. However,
sometimes this reality is ignored, intentionally or unintentionally, by some groups and a
particular understanding of Islam is considered as „the understanding‟, and efforts are then made
to impose it by force. As a result, societies face violence and polarisation.

It is observed that most history books available for ordinary people and the material taught in
educational institutions in Pakistan have been written in the orthodox and heterodox paradigm. It
means such material indicates that there is only one orthodox or „right‟ understanding of Islam
and others are heterodox or „deviating‟. This kind of learning is not able to provide an
opportunity to the learner to understand the rich diversity of Muslim history and societies. Such a
frame of reference promotes hatred and rejection of different views.

There is a need to understand that diversity is a historical reality and cannot be eliminated. There
is a need to understand this reality in order to create a peaceful society.

The state needs to develop an inclusive policy that ensures equality and discourages
discrimination on the bases of faith, ethnicity etc. It should promote research-based and balanced
history books for ordinary readers and students while polemical literature should be discouraged.

The education system needs to review its policies, curriculum and the teaching-learning process
in order to develop a balanced and tolerant citizenry.

The media plays a significant role in shaping or reshaping the culture of society. Hence, it needs
to introduce programmes that promote diverse views in society.

In sum, Islam as a faith and civilisation has a dynamic and rich history. Historically, Islam has
been understood and expressed through different ways. The diverse expressions are like a mosaic
with different colours and shapes.

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Today, Muslim societies reflect the same plurality of understanding of Islam. Hence, in order to
create harmony in Muslim societies, there is a need to accept and appreciate every piece of the
mosaic of Muslim history.

Islam, democracy and modernity


SINCE most Muslim countries have authoritarian governments, it has become part of the
academic discourse that Islam is not compatible with democracy and modernity. Also, many still
believe that Islam divides the world into Darul Islam (Muslim-ruled) and Darul Harb (to be
conquered) lands.

On the Internet, too, this discussion goes on and Islam is believed by many to be undemocratic
and anti-modernity. To a great extent what happens in the Muslim world is responsible for
perpetuating such a discourse. Many Islamic theologians, too, hold that Islam and democracy do
not go together. Maulana Maudoodi had coined the term 'theo-democracy', that is to say that
Islamic democracy would be basically theological in content because parliament in an Islamic
country cannot legislate Sharia laws; it can legislate only in administrative and subsidiary
matters.
As for theologians believing in Darul Harb and Darul Islam, the terms find no mention in the
Quran or Hadith. It was a juristic opinion in an age when the nature of polity was very different.
Under an authoritarian monarchical rule there was no concept whatsoever of basic rights or
freedom of conscience. Yet, perhaps Islam was the first religion whose scriptures clearly
proclaimed the doctrine of freedom of conscience (2256).

After Islam entered the feudal age under the Umayyad rule, democratic values were lost and
could not be re-appropriated. This is sadly true to date. However, the fact is that Islam is not at
all incompatible with democracy. What has been going on in Muslim countries (are they really
Islamic states?) cannot determine what Islam really dictates. The lack of democracy in the
Muslim world is an empirical reality. It is not due to the Islamic ideological doctrine. It is the
conservative elements who feel insecure by any kind of change in social and political structures;
thus, they rely on such formulations.

Another scholar of Islam who studies the revealed scriptures may not find any such formulations
in them. The Quran, as pointed out by many scholars, does not give any concept of a state. It

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gives only the concept of a desirable society — a just, exploitation-free society, which may
translate into a state.

The early caliphate depended on Muslim opinion and was quasi-democratic in nature. It did not
last more than 30 years, and was replaced by dynastic rule, followed by other dynasties. A caliph
could not be installed through dynastic rule, which is what happened and was an aberration. The
caliphate ceased to be an Islamic system and retained itself only in name. How then can Islamic
teachings be blamed for what happened in history? History of any faith's adherents represents an
empirical reality, which is determined by complex historical forces. Conversely, if a monarch
who seized power by sheer power of the sword was accepted by conservative scholars as caliph,
why can't democracy which is based on popular will be construed as Islamic? Pray, what is it
that makes it un-Islamic?

The early caliphate represented the Islamic model of government, which was far closer to
democratic governance than a monarchy, sheikhhood or a military dictatorship. By merely
proclaiming a state as Islamic and selectively enforcing certain Sharia rules, a state does not
become Islamic. Political authoritarianism goes very much against Islamic values as embodied in
the Quran and shown by the early caliphate. Freedom of conscience is the key to democratic
governance, and that is why during the early caliphate even ordinary persons, including women,
could freely question the ways or decisions of a caliph. This is just not possible under an
authoritarian regime.

It is only the democratisation of the Islamic world which will solve the many serious problems
afflicting many Muslim countries today. There are no democratic freedoms in most countries.
Human rights are often not respected. Those demanding their rights are either jailed or harassed
in a number of ways.

It is wrong to argue that human rights are a western concept and thus unacceptable to Muslims.
Authoritarian rulers, who otherwise may support western policies and suppress popular
movements, bring a bad name to this concept so that their authoritarianism is not challenged.
Human dignity is the basis of all human rights, which is very fundamental to Islamic teachings.
Islam is neither undemocratic nor anti-modernity.

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Post-modernism and Islam


WHAT is the relation between Islam and post-modernism? Earlier, we used to talk of Islam and
modernism and now we talk of Islam and post-modernism.

First let us understand the difference between modernism and post-modernism. Modernism
which ruled the roost until the early 1950s was characterised by a hegemony of reason.
Modernism rejected anything which was not in conformity with reason.

Modernism was, in a way, quite intolerant of forces of tradition or even anything supra-rational,
let alone irrational. It was for this reason that Freud's theory of the subconscious or unconscious
was also ridiculed by modernists. It was not deemed to be in conformity with reason. Even
Marxists also rejected Freud and his explanation of deeper sources of human behaviour.
Naturally they also rejected religion as something irrational. Thus, modernism was as intolerant
of anything non-modern as one religion is said to be of another.

Europe throughout the 19th century was characterised by modernism and Asia and Africa were
looked down upon by the Europeans as anti-modern and irrational. Thus, the 19th century was
the century of modernism and of European hegemony. It was in the early 1950s and '60s that
new trends began to emerge and post-modernism began to be theorised by academics and social
scientists.

In post-modernism, reason lost its hegemony and supra-rational forces came to be accepted.
Post-modernism is mainly characterised by pluralism, be it cultural, religious or literary sphere.
Europe and North America became multi-cultural and multi-religious societies due to the
migration of people from the western powers' former African and Asian colonies.

Also, it was during this phase that religion also found a respectable place again in western
society. In other words, religion came to be re-appropriated. Thus, post-modernism, unlike
modernism, is not hegemonic and is tolerant of other cultures; its main characteristic is
pluralism. Now let us explore the relation between Islam and post-modernism.

Islam believes in religious and cultural pluralism, and while accepting importance of reason it
also accepts supra-rational forces. According to the Quran, Allah has created several religions
and cultures though he could have created only one, if He so desired. (548). Thus, pluralism is
the very basic to the Quran.

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According to the 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 signs of Allah
(3022). About national and tribal plurality, one only need see Surah 49, verse 13.

The Quran stresses pluralism to such an extent that even when one is convinced that others' gods
are false, it stops believers from abusing them. The Quran says, “And abuse not those whom they
call upon besides Allah, lest, exceeding the limits they abuse Allah through ignorance.” Further,
it says “Thus to every people have. We made their deeds fair-seeming...” (6109)

Here, it is a Quranic injunction not to say bad words about others' religion(s) because to every
people their religion looks true and valid. The Quran even says that in every place of worship
Allah is remembered and hence it should be respected. Thus, the Quran says, “And if Allah did
not repel some people by others, cloisters and churches and synagogues and mosques in which
Allah's name is much remembered, would have been pulled down.” (2240).

Thus, there is no place for inter-religious conflict in Islam. The Quran also subscribes to the
doctrine of what Shah Waliullah and Maulana Azad called the wahdat-i-Deen i.e., unity of
religion, which means all religions are same in essence and in their core teachings. Both the
eminent theologians have thrown detailed light on this question in their respective writings.

As far as multi-culturalism is concerned, the West accepted it only in the latter part of the 20th
century. The West had otherwise long been a mono-religious and mono-cultural society, because
the Christian church had rejected validity of all other religions except Christianity. The church
now of course believes in inter-religious dialogue and has issued instructions to Christian
organisations to that effect. The Quran had accepted all Biblical prophets during the revelation
itself.

Islam accepted multi-culturalism too by saying that all believers are one Ummah regardless of
their ethnicity, language, tribe or nationality. It also admonished believers not to discriminate
between Arabs and non-Arabs, as Arabs were very proud of their ethnic origin. Islam spread far
and wide among peoples of different cultures and even the Shariah respected the 'adat (customs)
of different people. Local customs and traditions were integrated with Shariah formulations from
the earliest time.

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Thus, it will be seen that Islamic teachings anticipated what came to be called post-modernism
today. The most essential thing is tolerance for diversity and for those who are different from us.
Being different should not mean being inferior, superior or hostile to the other. We must project
Islam in the right spirit, emphasising the practice of tolerance it so ardently advocates to the
faithful.

Pluralism in Islam
Muhammad Ali Musofer

WHILE Islam stresses on the unity of humanity, it also recognises human diversity and gives
valuable principles to deal with ethnic, racial and religious differences in society.

However, this pluralistic dimension of Islamic teachings has received little attention in our time
despite its vital significance for society. In today‟s globalised and sometimes polarised world,
there is a dire need to understand the pluralistic perspectives of Islamic teachings in order to
develop an environment of peaceful coexistence and harmony in society. There are many
examples in the sources of Islamic teachings and history to understand the pluralistic perspective
of Islam.

There are several verses in the Quran that underline human pluralities, such as social, biological
and religious differences. According to the Quran, all human beings are from the same soul but
they have been created with differences. The following verse beautifully depicts human plurality:
“O humankind We [God] have created you male and female, and made you into communities
and tribes, so that you may know one another. Surely the noblest amongst you in the sight of
God is the most God-fearing of you. God is All-Knowing and All-Aware” (49:13).

The verse reveals that diversity is a natural part of human society and important for human
identity. The nobility of a human being depends on one‟s actions and Allah is the only one who
can judge the piety and nobility of a human being. The Quran highlights the plurality of religious
communities too. It says that Allah has purposefully created different communities, or else, he
could have made all humanity one community.

Allah says, “For each [community] We have appointed from you a law [-giver]) and a way. Had
God willed, He could have made you one community. But that He might try you by that which

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He has given you [He has made you as you are]. So vie with one another in good works” (5:48).
By recognising the plurality of faith and communities, the Quran teaches us not to impose one‟s
faith on others; rather, it urges to tolerate the differences: “Let there be no compulsion in
religion” (2:256); and “To you is your path [religion]; to me mine” (109:6).

Hence the teachings of the Quran are very clear on plurality in human society. The life and the
teachings of the Holy Prophet (PBUH), too, provide the best examples of the pluralistic approach
and practices in Islam. Historically, there are many instances where the Prophet showed
exceeding tolerance and respect for the people of other faiths and dealt respectfully with his
opponents.

For instance, when a prominent Christian delegation came from Najran to engage the Prophet in
a theological debate in Madina, its members were not only invited to live in the Prophet‟s
mosque but also allowed to perform their religious practices inside the mosque. Similarly, during
the famous treaty of Hudaibiya, the Prophet showed a highly pluralistic approach while
accepting the apparently bitter demands of the Quraish without the latter‟s recognition of his
prophethood.

The event of the conquest of Makkah was another instance of the Prophet‟s pluralistic and
humanistic approach. After the conquest he not only granted amnesty to the people of Makkah
but also declared the house of his bitter opponent Abu Sufyan as a place of asylum and peace,
regardless of who accepted Islam and who didn‟t.

There are many other instances in the life and the teachings of the Holy Prophet which can help
us understand Islam‟s recognition and respect for pluralism in society. These teachings and
practices are a source of inspiration for human civilisation for all time to come. It is evident that
in the 1,400-year history of Islam, whenever Muslim societies flourished and set up highly
developed societies, pluralism was a key characteristic of those societies.

The Abbasids‟ Baghdad, the Fatimids‟ Cairo, not to forget the Umayyads‟ Cordoba, became
centres of excellence by welcoming and nurturing the best minds from different regions,
backgrounds, faiths, etc. Consequently, these dynasties through their pluralistic mechanisms
developed powerful and vibrant civilisations.

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Today, we live in a globalised world where modern communication technology has brought
different nations closer; however, this process has also created tensions amongst nations as well
as within their respective societies. This situation demands adhering to Islamic teachings and
ideals which helped set up pluralistic societies in the past.

Pakistan is a country where diversity of its citizens is a basic fabric of its society in terms of their
varied ethnicities, cultures, languages, faiths, interpretations of the same faith and so on.
Sometimes this diversity may lead to polarisation and become a challenge to manage. It is,
therefore, important to recognise this diversity as a living reality and respect it rather than try to
eliminate it under one or the other forced ideology.

To manage the differences inherent in a society there is a dire need to understand Islamic
teachings regarding the admissibility of pluralism. Doing so can transform our society‟s diversity
into a strength and help develop an environment in which differences amongst communities are
owned, respected and celebrated rather than denied.

The teachings and the history of Islam give us the best principles and practices. Keeping in view
the realities of today‟s world and, particularly of our own country, it is imperative that we
understand the pluralistic ideals and approaches that have the full sanction of Islam. Sincere
efforts are needed to make the pluralistic teachings of Islam a part of the individual as well as
social life in order to shape and sustain a peaceful society.

Peaceful coexistence: Making space for differences


Muhammad Ali Musofer

The phenomenon of dealing with diversity through education has received increased
attention throughout the world particularly in countries where diversity was realised as a
part of society.

It has been observed that education can play an important role in bringing peace by making space
for differences. For instance countries like South Africa, Ireland, etc., where conflict arose due to
differences, education played its role to create harmony and peace in society.

In Pakistan, diversity is a basic fabric of society in terms of varied ethnicities, cultures,


languages, faiths, interpretations of the faiths and so on. It is something, which cannot be

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overlooked easily. Ignoring or suppressing such a reality has sometimes created challenges in the
form of conflict and unrest.

It is therefore imperative to first realise and recognise the diverse cultures, languages, ethnicities,
religions, faith and/or different interpretations of our society. Then we need to take steps at
multiple levels to transform the society‟s diversity into strength by owning, respecting and
celebrating the differences among the communities. Multidimensional measures are required to
transform the practices in education at multiple levels such as policy, textbooks, school
management and classroom teaching, learning and so on.

According to Kabeer (1994), policies play an important role in determining the dynamics of
power and distribution of roles and resources among the different people in educational
institutions. Therefore, the education policy needs to be sensitive towards diversity of all forms
such as culture, ethnicity, religion, region and so on and so forth.

Pakistan‟s education policy (2010) aims to promote national cohesion by respecting each others‟
faith, religion and culture. However, it is not clear how this objective would be translated into
practice. It also lacks guidelines for the educational institutions about how to implement it at the
grassroots level.

It is observed that most school heads and teachers are not even aware of the existence of the
educational policy. Hence they cannot be expected to have a know-how of creating harmony in
society. Therefore, the policies should provide clear pathways for the schools on dealing with
diverse students in a multicultural society. Furthermore, the implementation of the policy must
be ensured by conveying the same to the schools through textbooks, policy documentation and
other sources.

In our educational institutions, particularly in schools, textbooks are viewed as the major source
of knowledge for the teachers and students. However, Ashraf (2009) argues that in Pakistan the
textbooks are not balanced. Rather they are dominantly one-sided in terms of gender and culture
education. Most illustrations and text in the books are focused on the prominent areas leaving the
„different‟ out. For example, our textbooks highlight the four cultures of the four provinces of
Pakistan. In reality, there are many sub-cultures within the provinces that are neither clearly
mentioned by the teachers nor given space in the textbooks. There are places like Azad Kashmir
and Gilgit-Baltistan, which are seldom discussed in the textbooks. Similarly, only a few

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languages are highlighted in the social studies textbooks but there are hundreds of languages
spoken in the country.

This kind of an approach proves useless in informing the children about the rich and diverse
cultures of their country. Our textbooks need to be revised in order to provide a balanced and
sensitive education to our children. In this regard, the authors of social science textbooks must be
oriented about the cultural and anthropological approaches.

The teaching/learning process is also important in shaping the concepts. But the teachers here
come to class with their own baggage of perceptions about a culture that has been carried on
from their own schooling. Literature has highlighted that teachers expect a different behaviour
from students coming from different backgrounds. It has been observed that the teachers label
students and treat them differently based on their background, ethnicity or faith.

Many teachers also believe that they should stick with the material in textbooks only. Hence they
do not make an effort in teaching about cultures other than what is given in the textbooks. Such
kind of teaching approaches towards diversity also influences the negative attitude of students
towards their fellow students. Consequently, the graduating students do not accept and appreciate
the differences in their practical lives.

Teachers in general and social science teachers in particular need to learn about the background
of students. Teaching a class of students with diverse backgrounds is not an easy task but these
days almost all classrooms in Pakistan are full of students from different cultural backgrounds.
Therefore, teacher education institutions must include a component on teaching children with
diverse backgrounds.

The overall environment and practices are also very important for dealing with students from
diverse backgrounds in the school. Schools need to develop such cultures, which are sensitive
towards the diverse needs of their students. It is observed that admission policies at some
educational institutes are discriminative towards students belonging to some particular religion,
culture and/or ethnicity. Similarly, some of the students also face difficulty in gaining marks, if
their religions, cultural and/or ethnicity or other related element is known by the examiner or
paper checker. The school leadership needs to be sensitive towards such issues in order to treat
all students equally.

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Pakistan is a country with diverse cultures. The citizens of this country should learn how to
accept, tolerate and celebrate the differences rather than reject each other. Therefore we need an
education system capable of nurturing mature citizens who can coexist peacefully. The
educational institutions here should have the capacity to positively influence society rather than
get influenced by the stereotypes and prejudices existing in it.

Plurality of expression
Muhammad Ali Musofer

RELIGION is viewed as divine inspiration and as guidance for the salvation of human beings.
When the divine message, which reveals itself through allegorical and symbolic language, is
understood and practised by people in different contexts with different focuses, the
understanding appears in the form of multiple interpretations.

Hence, in the presence of multiple expressions, if a particular interpretation is considered „the‟


interpretation instead of „an‟ interpretation and when attempts are made to impose it through
force, it causes conflict and polarisation in society.

According to William Chittick, an eminent scholar in Islamic learning, Islam appeals to different
dimensions of human needs such as the mind (intellectual), the heart (spiritual) and the body
(rule and law).

Historically, Islam has been understood differently by different groups of people. For example,
the theologians and philosophers put emphasis on the intellectual aspect (mind), the Sufis
focused on the spiritual dimension (heart) and the jurists paid attention to the legal aspect of
Islam.

In the formative period of Islam, there were major developments in different areas of human
knowledge in the Muslim world such as theology, philosophy, jurisprudence, Sufism, art,
architecture and science. Those developments are considered a valuable contribution of Muslims
to human civilisation.

It shows that in the early period of Islam, Muslim societies were considerably flexible and open
to studying religion through different perspectives. The diverse exegeses of the Holy Quran

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during that period reflect people‟s interest in understanding Islamic teachings with the help of
prevailing knowledge and science.

Society then was also comparatively open to learning from other traditions. For instance, during
that period Greek philosophy and science was given considerable attention. The books of Greek
philosophers were translated into Arabic and conscious efforts were made to relate them to
Islamic thought.

Hence this trend of seeking knowledge from different sources helped Muslims to develop an
environment where different views could be tolerated and accepted.

Today, we live in a globalised and multicultural society. This society demands a paradigm of
thinking which leads to appreciation of multiple perspectives. In this context, we can learn from
the formative period in order to develop a culture of tolerance and acceptance of the plurality of
views.

There is a need to re-examine our way of thinking and argument, which is mostly influenced by
Hellenistic logic. This logic basically encourages debate and rejection instead of understanding
and appreciation. Maltese thinker Dr Edward de Bono has called this way of argument “rock
logic” based on the paradigm „I am right, you are wrong‟, which leads to conflict and
polarisation. Today, we require a “water logic” that encourages understanding of different
perspectives through dialogue.

Today we need the culture of dialogue rather than debate. Dialogue leads to understanding of
different perspectives with a win-win approach. Debate can lead to rejection with a win-lose
mindset. From the debate approach it is difficult to develop the culture of harmony and
coexistence in a diverse society like Pakistan.

In understanding religion we need to adopt the paradigm of a humble student rather than a proud
scholar. When religion is approached with humility, it helps one realise that human attempts to
understand the divine message cannot be the final or absolute understanding; rather, a continuous
effort is required. On the other hand when religion is approached with scholastic vanity, one
tends to reject other perspectives. In such a rigid environment learning stops and stagnation
prevails.

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In this regard, Maulana Rumi‟s allegory about the elephant is very powerful in understanding
attitudes towards the truth.

According to Rumi, once an elephant was brought to a place where people had not seen such an
animal before. The elephant was put in a dark room and six people were asked to touch the
creature and describe it.

The first man touched the elephant‟s leg and reported that the unknown phenomenon was similar
to a tree trunk. The second man touched the elephant‟s stomach and said that the elephant was
like a wall. The third man touched the elephant‟s ear and asserted that the phenomenon was
precisely like a fan. The fourth man touched the elephant‟s tail and described the beast as a piece
of rope. The fifth man felt the elephant‟s tusks and declared the phenomenon to be a spear. The
sixth person touched the elephant‟s snout and announced the phenomenon was a snake.

The six men started arguing to prove their observation to be correct. However, when the elephant
was brought out from the dark room all of them were surprised. They had touched only one part
of the elephant but assumed they had absolute knowledge about the creature. Similarly, we
understand one aspect of faith and view it as the absolute understanding.

Developing a culture of dialogue and acceptance of the plurality of expression is not an easy job.
In this regard education, media and other social institutions can play a vital role to inculcate the
culture of acceptance and appreciation of plural interpretations.

In short, our society today is facing critical challenges in the form of violence and polarisation.
There is a dire need to understand that we cannot eliminate the differences which have been part
of our history. Rather, we need to learn to live with the differences by accepting and celebrating
them. In this regard we need to develop new lenses to look at the plurality of expression.

Debate vs dialogue
Muhammad Ali Musofer

HUMAN interaction or communication is viewed as a complex process involving multiple


factors. Historically, debate and dialogue have been among the significant approaches used for
human communication and argument.

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Debate and dialogue are seen as two different paradigms with different purposes used by
individuals or societies to interact. These two distinct approaches have different implications and
outcomes for human societies.

Debate is generally seen as an oppositional approach in which two sides attempt to win by
disproving each other. Debate affirms a participant‟s own point of view, at times defending
assumptions as truth.

In debate, one defends one‟s own position and tries to exclude other solutions. In debate,
differences are highlighted with the purpose to search for flaws and weaknesses in the other‟s
position. Being an exclusive approach, debate at times leads towards polarisation and conflicts.

On the other hand, dialogue is viewed as a collaborative approach in which two or more sides
work together to find common ground to achieve an understanding of diverse views. In dialogue,
listening to others is considered more important than talking in order to find common meaning.

Dialogue helps the participants to enlarge and possibly change their points of view. Dialogue
encourages the participants to search for strengths in the other‟s position; therefore it is viewed
as an inclusive approach.

Historically, debate has been the dominant approach for argument, mostly influenced by
Hellenistic logic that encourages the hard argument with the approach of „I am right, you are
wrong‟. In the mediaeval period, the Muslim theologians used Hellenistic logic considerably in
interpreting theological concepts, at times with the aim to approve one‟s point of view and reject
others‟ viewpoints.

This polemical attitude largely influenced Muslim societies and even today this is used
predominantly in theological debates. Due to this approach, sometimes Muslim societies have
witnessed polarisation and violence.

Today, we live in a multicultural and globalised world. Technological advancements and rapid
communication have shrunk the distance between different societies and cultures. Plurality of
expressions has become the most common phenomenon of societies, including Pakistan.

In this scenario, enforcement of a particular way of thinking leads toward polarisation and
conflict. Therefore, our society demands a paradigm of thinking that can appreciate multiple
perspectives. In this context, we need a different frame of reference for interaction.

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The debate approach would be less helpful in dealing with complex and diversified societies that
require nurturing of harmony and peace. Hence, dialogue could be an effective way to find
common ground for coexistence in a diversified society.

There are ample examples in Islamic teachings and history that encourage people to adopt
dialogue to respond to issues. For instance, the Holy Quran clearly says that there is no
compulsion in faith (2:256). Plurality in human society is viewed as a natural process (16:93,
10:99) while the Quran stresses on dealing with people fairly and speaking with kindness.

It is evident from history that the Holy Prophet (PBUH) adopted the way of dialogue many times
in his life to solve issues, even though at times such an approach was seen as a compromise. In
short, Islamic teachings put emphasis on dialogue among people and societies.

Developing a culture of dialogue in a society is not an easy job. Serious steps need to be taken at
multiple levels to inculcate the culture of acceptance and appreciation of plural views and
interpretations. In promoting the environment of dialogue the role of the government, media,
educational institutions and civil society cannot be overlooked.

A comprehensive policy is required at the government level which encourages acceptance and
appreciation of the rich, diverse cultures in the country. Any form of violence needs to be
discouraged strictly. Serious steps need to be taken to discourage polemical speech and literature
which can easily be found at some bookshops/stalls. Furthermore, political parties need to
inculcate the culture of tolerance within their ranks by appreciating diverse views.

The media can be another important source in promoting the culture of dialogue in society.
Diverse views and cultures need to be explored and appreciated with the purpose of creating
harmony in society. The culture of creating hype on minor issues needs to be avoided.

Education is viewed as an effective instrument to inculcate the culture of dialogue in the younger
generation. In this regard serious steps are required in different aspects of education.

First, textbooks and teacher learning material need to be reviewed in order to include materials
that are inclusive in nature. Multiple methods need to be used during the teacher learning process
in order to explore multiple views of students. The current examination system confines the
student to rote learning; therefore examinations need to be revamped in order to broaden the
perspectives of the students.

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Civil society can be another instrument in nurturing the culture of dialogue and peace in society.
In Pakistan, civil society is not well rooted; however, it is growing with the passage of time.
Civil society can provide platforms for people from different backgrounds to come together for
the cause of peace and harmony in society.

In sum, our current thinking pattern is stimulated by the mediaeval thinking pattern. Therefore, at
times our conversation takes place in the form of debate. Our faith interpretations are also
influenced by such thinking, which sometimes leads towards polarisation and violence.

In today‟s pluralistic world, we need a paradigm that encourages exploring and appreciating
multiple views — that could be achieved through dialogue. Hence, a comprehensive effort, with
the help of government, media, educational institutions and civil society, is required to shift our
collective thinking from the debate to the dialogue paradigm.

On interfaith dialogue
Asghar Ali Engineer

THE world is highly diverse. There is not a country which is without diversity. Though in the
past too diversity existed but colonisation, scientific progress and communications have
increased diversity in the world; globalisation has further added to its intensity.

Today people seek jobs and education in far-off countries across continents. Also, it is Allah‟s
will to create diversity among His creation. The Quran says: “And if Allah had pleased He would
have made you a single people, but that He might try you in what He gave you. So vie one with
another in virtuous deeds” (5:48).

Thus, diversity is Allah‟s will and it is a trial for us if we can live in peace and harmony with one
another other despite our diversity. Also, Allah wants us not to assert our superiority but to vie
with one another in good deeds only. But the fact is that if there is diversity there are likely to be
misunderstandings and misconceptions about one another. This can and often does lead to
conflict and breach of peace. Such conflicts apply to both the faiths themselves and the interfaith
communities.

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Interfaith conflict is also widespread amongst Muslims like between Shia and Sunni or Bohra or
non-Bohra Muslims or between Sunni Barelvis and Deobandis. The only way to remove these
misconceptions is to have a dialogue with one another.

Thus the three „Ds‟ become quite important: democracy, diversity and dialogue. Democracy and
diversity are complementary; although many people think homogeneity is a strength, it is really
not in the modern age. Homogeneity can result in a dictatorship whereas diversity becomes a
lifeline for democracy. Experience shows that greater diversity results in a stronger democracy.

But diversity also poses a challenge and this challenge has to be met through proper
understanding by one community of believers and the other through dialogue. The latter, it
should be noted, is not a modern or contemporary concept, and that includes interfaith dialogue.
In India, in the mediaeval ages Sufis and yogis often used to have a dialogue.

Also, Sufis, Christian mystics and Jewish saints, had dialogues. Some of them spent years
understanding other‟s religious traditions. Dara Shikoh, for example, had a thorough knowledge
of the Hindu traditions. He translated the Upanishads from Sanskrit into Persian. (I have seen its
manuscript in Darul Musannifin at Azamgarh, India). He also wrote a book titled Majma‟ul
Bahrayn („Meeting of Two Oceans‟). It is a great book of dialogue between Hinduism and Islam.

However, there are some rules to be observed if dialogue has to succeed and produce results. The
very first requirement is that none participating in the dialogue should have an attitude of
superiority. It goes against the very spirit of dialogue. Secondly, dialogue should be on certain
concrete issues, like women‟s rights or war or non-violence, etc. Today, there is a great
misunderstanding on such issues. Most non-Muslims, especially westerners, think that Islam
gives no rights to women and subjugates them, owing to certain practices among Muslims from
the hijab to polygamy to honour killings, and so on.

Similarly, there is widespread misunderstanding about the concept of jihad because of certain
fatwas or statements issued by Osama bin Laden and his deputies, justifying the 9/11 attacks as
jihad. And there is a great misconception among Muslims and Muslim ulema on issues like
polygamy and jihad. Thus the need for dialogue amongst them too. There is much more that
needs dialogue with non-Muslims.

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A meaningful dialogue should include religious functionaries, scholars who have in-depth
knowledge of the issues, journalists (who spread misconceptions) and lay people who are often
victims of misconceptions. Secondly, one should have the requisite humility to learn rather than
to only argue on the basis of conviction and not knowledge. Participants must also have the right
to raise questions to remove their doubts.

Thirdly, one must be firmly rooted in the traditions of one‟s own faith and should be able to
explain the reasons for certain practices or offer the rationale for a certain teaching. Any doubt or
ignorance may harm the spirit of dialogue. Also, one should be able to remove all doubts raised
during discussion through ones own thorough knowledge, arguable conviction and clarity of
thought.

Fourthly, one should have tremendous patience and the capacity to listen to and understand the
other side‟s opinion without trying to silence the opponent through debating skills or use of
polemics. Such tactics can destroy the very idea of having a dialogue. There is a fundamental
difference between a debate and a dialogue.

While being firmly rooted in one‟s own faith‟s traditions, one also has to accept the other‟s
without being critical. A dialogue is to promote understanding and not to reject the other‟s faith
or find fault with it. A dialogue should never be directed at converting the other side but at
understanding it. Both or multiple partners in a dialogue should throw light on the issues
concerned in the light of one‟s own faith‟s traditions and handle the questions with the tact and
delicacy they deserve.

A dialogue so conducted can work wonders in promoting understanding about one‟s own faith
while understanding others‟ views. I have been a part of a dialogue process for more than 40
years and can say with confidence that dialogue plays a very important role in a diverse society.
Knowledge, conviction, clarity and appreciation for the other‟s point of view are very useful
tools for a dialogue to be valid.

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Nature of life
Amin Valliani

ELABORATING on the nature of human life is one of the important themes of the Quran. Life is
not all happiness, nor all sorrow, but it presents us with its own educational curriculum in the
shape of painful and pleasurable experiences.

Perhaps the trials of life can be compared to a few grains falling to the ground if one cooks rice
in a cauldron. Similarly, while filling water in a pitcher, a few drops may spill on the ground.
Hence crying over spilt milk is of no use.

One should not be upset over unavoidable happenings. Rather, we should learn lessons for future
development. Many of us face trials, tribulations and difficulties. No one lives life on his or her
own terms and therefore, adjustments are required throughout life.

There are countless people who think themselves unlucky. However, it is said in the Holy Quran
that no one is burdened with more than his or her capacity to bear (2:286). Islam also wishes one
to work as a perspicacious judge of circumstances.

Therefore, every one of us has to bear a certain portion of trials and tribulations in worldly life to
prove our worth. Even the great saintly personalities also had their share of tests.

Difficulties have a salutary effect on life, allowing us to move on the path of improvement. It is
Nature‟s way of making people reform their life. It provides us with an opportunity to go through
intense introspection enabling us to reform our attitudes and behaviour.

One has to accept, learn and adjust to circumstances accordingly. A reasonable person adapts
himself to the world, while the unreasonable persist in trying to adapt the world to themselves.

The Holy Quran likens human life to water. It says “…Verily the likeness of (this) worldly life is
as the water which We send down from the sky. …” (10:24). Water has many qualities,
including adaptability; it shapes and adapts itself to the vessel that contains it. Similarly, a
reasonable person adapts himself to circumstances.

Most of us plan and fix targets but untoward circumstances obstruct us from meeting these
targets. The Quran is very clear in this regard that “…You cannot will, unless Allah wills. Verily,
Allah is ever All-Knowing and All-Wise” (76:30).

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Life consists of problems but there are many ways out. One should not behave like a pigeon that
closes its eyes when it sees a cat trying to devour it. It thinks that not seeing the problem will
wish away the danger. The best way is to confront the problem.

This requires mental maturity, maintaining composure and pondering over the solution instead of
creating a fuss. Serious thinking, adjustment and above all divine help is essential in solving
difficult problems. Every adversity carries the seeds of success and these bear fruit only after a
designed process of maturity.

One should not react with anger over disappointments as this may exacerbate the situation.
Expressing sorrow or despondency over problems to gain others‟ sympathy is also not the right
way of addressing issues. This may aggravate the situation.

One can manage to extricate oneself from a crisis if one follows the Islamic value system of
patience, constant struggle, adjustment and flexibility and, last but not least, prayer.

There are a number of Quranic verses which suggest that adjustment and fluidity in hard
circumstances enable one to find satisfaction and survival. The Holy Quran narrates the story of
Hazrat Yaqub who lost his beloved son Hazrat Yusuf, though temporarily. At that very moment,
Yaqub says that patience is most fitting (in odd circumstances). “May Allah bring them all
(back) to me. …” (12:83).

The Holy Prophet (PBUH) visited the city of Taif with the hope of conveying the message of
Islam to its residents. But contrary to his hope, the people there turned hostile and attacked him
severely. But he never gave up and pursued his mission consistently till the end.

Again in Hijri 8, he wished to perform Haj and travelled towards Makkah. But the native
Makkans did not allow him to enter the city. He did not react nor lose hope but concluded a
peace treaty to ensure a future visit. This shows that the Holy Prophet remained flexible and
ready to adjust to the circumstances.

The world can best be described as unpredictable. Situations change in moments. Therefore,
human life needs to be adjustable, flexible and adaptable to all circumstances. Those who remain
flexible in their attitude can achieve balanced and harmonious living.

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Every one of us wants happiness and therefore, nurtures hundreds of thousands of desires,
thinking that the fulfilment of these desires would bring happiness. But most desires remain
unfulfilled.

Striving day in and day out for the fulfilment of desires should be our motive. But success should
be left to Divine will. It is no disgrace if one fails to achieve his or her goal, rather it is an
opportunity to re-plan and reassess the situation.

During interactions with others, one should not expect smooth dealing at all times. One has to
confront odd situations and be ready to adjust accordingly. One has to accept difference of
opinion, divergent views and sometimes strong opposition.

Every individual interacts with others during his lifetime on earth, but the nature of life is subject
to vicissitudes. Islam emphasises some perennial values to overcome differences.

The knowledge society


Muhammad Ali Musofer

THE capacity for learning is one of the distinct gifts bestowed upon human beings. It is because
of this capacity that humans have contributed to civilisation through continuous reflection,
exploration and discovery.

This curiosity for learning and construction of knowledge has today led human beings to the
concept of a „knowledge society‟.

Historically, it is evident that the societies that valued knowledge and provided an encouraging
environment to learners excelled in the construction and contribution of knowledge.
Consequently, such a culture led those societies to progress in different aspects of life.

Islam has put significant emphasis on learning and seeking knowledge. For instance, in the Holy
Quran seeking knowledge is considered khairan kathir (abundant good) and human beings are
encouraged repeatedly to reflect on and understand the mysterious world.

Similarly, the Holy Prophet (PBUH) has termed seeking knowledge obligatory upon every
Muslim man and woman and guided them to attain knowledge from the cradle to the grave. In

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short, there are abundant examples in the teachings of Islam that lay stress on learning and
acquiring knowledge.

For Muslims, such teachings have been the major impetus for acquiring knowledge and for
intellectual discourse. It was because of this motivation that in the formative period of Islam
Muslim societies started to thrive due to the thirst for diverse knowledge.

In the 9th-10th centuries Muslim societies excelled in different fields of knowledge such as
theology, philosophy, science, art and architecture etc. Those developments are viewed as a
treasured contribution of Muslims towards human civilisation.

This conducive environment for learning helped Muslim societies in nurturing extremely
dynamic individuals and establishing some highly vibrant centres of learning in cities such as
Baghdad and Cairo.

In the early period of Islam Muslim societies were comparatively flexible in studying diverse
perspectives. Society then was also considerably open to learning from other cultures. For
example, at that period Greek philosophy and science were given substantial attention. The
books of Greek scholars and intellectuals were translated into Arabic and conscious efforts were
made to reconcile them with Islamic thought.

This tendency of attaining knowledge from diverse sources helped Muslims cultivate an
atmosphere where knowledge was constructed and contributed to the larger society.

Today, many Muslim societies such as Pakistan are facing acute challenges in educating their
citizens and contributing to knowledge. For example, in Pakistan the literacy rate is
comparatively low if compared to neighbouring countries. According to a report around 25
million children are out of school, hence Pakistan will not be able to fulfil its commitment of
providing primary education for all children by 2015.

Of the children who do go to school, most of them do not get the opportunity to actualise their
potential and develop their competencies. As a result, poor performance can be observed in
different spheres of life in the country.

Furthermore, universities are generally considered places from where knowledge is generated
and contributed to society. However, it is discouraging to note that not a single university from
the Muslim world comes in the top 100 universities of the world; very few are included in the

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leading 500. However, a few countries like Turkey and Malaysia are making conscious efforts to
improve the quality of higher education.

Why does this situation prevail in the Muslim world? There can be many reasons for this
disparity. First, it is evident that political will plays a vital role in enhancing the cause of
education in any society. However, in many Muslim countries including Pakistan, education has
never been the priority of successive governments. No political party or government has shown
true commitment to the cause of education. Historically, various education policies have been
developed but they have never been implemented properly.

Secondly, the collective mind/attitude also plays a very important role in learning and acquiring
knowledge. In many Muslim societies memorisation and rote learning are considered effective
methods of learning. Reflective and critical thinking have not been given due importance in the
process of education. Such an attitude towards learning does not help society develop inquisitive
minds.

Furthermore, dividing knowledge into different categories, such as religious and non-religious or
„ours‟ and „others‟, limits the learners‟ capacity for looking at diverse perspectives. At times
religious knowledge is viewed as superior and other scientific knowledge is considered less
important. Such an approach shapes an attitude of rigidness and an environment of stagnation.

Looking at this situation, Muslim societies today require serious reflection on the challenges they
face regarding learning and education. They need to re-examine their beliefs and reconcile them
with the Islamic values concerning learning.

They must learn from the formative period of Islam how Muslims of that era were able to be
open to different perspectives and to generate and contribute to the human civilisation‟s wealth
of knowledge.

In short, no society can progress without education and seeking knowledge. Islam clearly
stresses upon learning and, by making it obligatory, values the seeking of knowledge.

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Value of human dignity


Muhammad Ali Musofer

HUMAN dignity has been one of the central themes in Islamic teachings. Islam has given a
distinct position to humanity by viewing humans as the noblest of creatures and man as the
vicegerent of God on earth.

According to the Holy Quran, human beings have been inspired by the divine spirit, therefore
their status is unique among the creatures (38:72). In another verse human dignity is affirmed
very explicitly: “We have honoured the sons of Adam … and conferred on them special favours
above a great part of Our Creation” (17:70).

There are numerous examples in the Quran which highlight the high status of human beings and
stress on upholding it. From the teachings of Islam it is revealed that the divine spark is present
in every human; however, it needs an enabling society to ignite it.

Islam has identified different aspects of human life which are considered crucial for maintaining
human dignity. To uplift humanity, multidimensional efforts are required in order to develop the
multiple facets of human life such as the physical/economic, intellectual, social/ethical and
spiritual aspects.

In the Quran and the teachings of the Holy Prophet (PBUH), helping the less privileged and the
weak is constantly underlined. According to the eminent Muslim scholar Dr Fazlur Rahman, the
Holy Prophet‟s fundamental effort was to reduce the social and economic injustices prevalent in
society in order to uphold human dignity.

The sense of deprivation affects human self-worth and drags it to the lowest level. It is evident
that poverty limits human potential in many ways. For example, sometimes it compels a person
to indulge in crime.

Islam has given high value to human life and health. It has put significant emphasis on caring for
the sick and disabled and articulated it as a duty. Good health is termed a divine gift.

The sanctity of human life is highlighted by equating the saving of one life with the saving of all
of humanity (5:32). Similarly, according to a hadith “God has sent down a treatment for every
ailment”. Hence good health is very crucial for holistic human development.

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The intellectual dimension of human beings is constantly highlighted in Islamic teachings. The
Holy Quran has reinforced the concept of human beings using their intellect and reflecting on the
mysterious creations of God. Education and seeking knowledge are viewed as important to
develop the intellectual capacity of human beings.

Therefore, in Islam seeking knowledge is viewed as abundantly good and it is obligatory for
every Muslim to seek knowledge from the cradle to the grave.

In the Islamic tradition, knowledge has been viewed as light, ignorance as darkness. When the
human being is not developed through education then ignorance prevails. Consequently, the
individual as well as society suffers.

Spiritual uplift is viewed as a very important area for human development. Human beings are a
combination of the body and the soul. Hence we are linked to the Creator while we have an
association with fellow beings and other creatures.

According to Islamic teachings for spiritual development, one has to strengthen both
relationships. To strengthen the bonds with the Creator one needs worship, and to strengthen the
relationship with fellow human beings one needs to fulfil his or her social responsibilities.

The ethical/social dimension is viewed as a very important aspect of human development. It is


directly linked to other dimensions of life such as physical, intellectual and spiritual
development. Hence, Islam stresses on fulfilling the social/ethical responsibilities for balanced,
holistic development of the human being.

To realise the multiple dimensions of human beings, it requires a society that provides
opportunity for people to nurture and actualise their gifted potential and use it for the benefit of
society.

Developing an enabling society for the people is closely related to good governance and
leadership. According to Islamic thought, governance and leadership mean not just to rule but to
create an environment where the human potential can be actualised and used for the benefit of
society. Therefore, the Holy Prophet envisioned and strived for a society that could help nurture
human potential.

Today, many Muslim countries like Pakistan, unfortunately, face huge challenges in human
development in terms of poverty, ignorance, corruption etc. For example, in Pakistan a large

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percentage of people are living below the poverty line. Proper healthcare facilities are not
available for a large number of people. Due to different forms of violence, human lives are lost.
This situation affects the lives of nearly all the people in the county.

Similarly, the literacy rate of Pakistan is said to be not more than 56 per cent; this means that
nearly half of the population is illiterate. According to one report, more than 25 million children
are not attending school and as for the students who go to public schools, most of them are not
provided the opportunity to develop their potential.

Furthermore, corruption is another big problem in society. Also, spirituality is sometimes viewed
only as performing some religious rituals and the moral/ethical aspect is not reflected in society.

In such a situation, the dignity of the human being, as envisioned by Islam, seems like a major
challenge. Hence, serious reflection is required particularly on governance and leadership
practices in order to develop a society that can help the people actualise their gifted potential in
order to uphold the dignity of human life.

The value of good deeds


Amin Valliani

HUMAN life is mortal. However, it can be made immortal by performing lasting good deeds.

According to the Quran, life on earth has three phases. Allah says that it is “He Who created you
in (a state of) weakness, then gave you strength after weakness, then after strength, gave you
weakness and grey hair. …” (30:54).

The first phase is of weakness. It starts immediately after birth and is called infancy. The infant
grows into childhood and then enters the early teenage years. These stages are characterised by
naivety, innocence, playfulness and lack of understanding.

Further, during these periods, a person is usually free from all encumbrances. He or she does not
share any major family responsibility, while no religious or national duties are obligatory.

Almost totally dependent upon the family for food, clothes and all other basic necessities, a child
needs specific training and an enabling environment in the tender years to grow and learn the art
of living to become a responsible citizen. This is a formative phase when a person needs

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attention from seniors to strengthen his body, develop his mind and spirit in order to shoulder
responsibilities in the next phase.

Education starts from the moment a child is born, and continues throughout his life. It does not
stop as a person moves from one phase to another.

The second phase starts when a person enters adolescence and subsequently becomes an adult.
He also comes under obligation to perform various religious acts to win the favours of the
Almighty.

It is an active part of life where the person takes charge of his affairs. This is one of the most
delicate phases of life when peer pressure is strong. Most young people want to be like others of
the same age group. If the peer circle is good, the person would be on the right path; conversely,
a misguided peer circle can derail one from the right course.

In most cases, a person visualises his future, selects his profession, starts earning and then enters
into marriage. This is the phase characterised by overwhelming energy, vigour and
independence. It also makes a person aspire to goals and ambitions with planning and struggle.
Man leads a busy life and becomes answerable for whatever he does.

Most people in this phase take their health for granted or are captivated by material
considerations, forgetting the eternal. They need to be reminded that overindulgence in material
things accelerates entropy. It causes restlessness and alienation from one‟s actual life goals.

This phase may consist of 15 to 20 years; following this starts the gradual decline. As time goes
by health shows signs of weakness, hair turns grey, eyesight becomes weak and the voice
quavers. This is the final phase characterised by all kinds of weaknesses. Generally in old age, a
person realises that life is a bubble that can burst anytime.

The human body in advanced age is beset with all kinds of frailties; loss of strength, worsening
health and onset of disease become the order of the day and the person ultimately depends on
others‟ help.

Life is short and active life is even shorter. But indeed it is a great gift from the Almighty. Life
provides many opportunities to leave a positive impression on society. One can enhance one‟s
value in society by performing good deeds with eternal blessings or conversely, devalue oneself
by breaking others‟ hearts.

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A person is mainly answerable for whatever act he or she has done intentionally in waking
condition, as the famous hadith of the Holy Prophet (PBUH) says, “Deeds are the result of the
intention”. All acts are to be judged in accordance with conscious intentions.

Islam places great emphasis on good deeds. Certain deeds and services continue to benefit
humanity and these acts make a person immortal. According to the Quran “… (long-lasting)
good deeds are better with your Lord. …” (19:76).

In every period of history, Muslims have contributed to their societies by establishing a number
of welfare institutions to benefit society. We have examples of companions of the Holy Prophet
visiting far-flung areas to serve people of their time, Sufis providing succour to the masses and
scholars writing books on eternal values.

They have lit up their times like beacons in the night. They have given us the message that one
can achieve immortality through living ethically, rationally and by rendering lasting service.
Service in the welfare of others is the best way of achieving immortality.

Similarly, as per a saying of the Prophet, “When a person dies, his deeds come to end, except for
three things — sadaqah jariyah (ceaseless charity), knowledge which is beneficial and virtuous
descendants who pray for him [for the deceased]” (Muslim, Book 13, Hadith 8).

The essence of the above-mentioned hadith clearly indicates that a mortal can become immortal
through his selfless lasting services. The field of service is vast and wide, but the best of all is to
leave a legacy of beneficial and virtuous descendants in the world, who become a source of
salvation for parents and also assets for society.

We are confronted with numerous challenges. These can be surmounted by following Islam‟s
perennial teachings. Those of us who are parents can turn their children into assets for society by
cultivating good habits in them. This will make their mortal life immortal and society will own
them forever.

Spirit of brotherhood
Amin Valliani

THE Muslim ummah makes up a sizeable chunk of the world population. It is spread widely
across the globe but faces multiple challenges on the internal and external fronts.

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Among the internal challenges, the most serious and pernicious is the division within.

The Holy Prophet (PBUH) conveyed the message of Allah in toto. After arriving in Madina, his
first and foremost act was the constitution of a Muslim community based on the principle of
brotherhood.

During his remaining life on earth he continued to promote the spirit of brotherhood at every
level. In his last Haj sermon he reminded Muslims that they are brothers in faith.

In fact brotherhood became the fundamental concept of Islam at the social level. As per the
principle of oneness, all Muslims are globally one in their loyalty, devotion and obedience to the
teachings of Islam. Geographical boundaries, cultural diversities and political inclinations are
secondary vis-à-vis the Islamic faith and its value system.

Brotherhood makes it incumbent upon Muslims to have mutual respect for each other and be
united in upholding Islamic values. It is a permanent spiritual bond among all Muslims.

Muslims — guided by the sense of brotherhood — progressed materially within a short span of
time in the early days of Islam. They spread the eternal message of Islam in the known world as
members of one great spiritual family.

They followed the examples set by the Prophet in social, political, ethical and economic
disciplines and showed compassion to others, took good care of their neighbours and guaranteed
protection of the life and property of Muslims and non-Muslims alike.

However, after the Prophet left for his eternal abode the Muslim community stood divided. The
spirit of brotherhood vanished and constant frictions and disharmony became the order of the
day. At the beginning the division was minimal but later it became much deeper and continues to
grow.

It has made common Muslims‟ lives miserable and has caused infighting, killings and warfare in
Muslim lands around the globe. Muslims‟ blood has become cheap and is frequently shed by
their co-religionists.

Thus the Muslims‟ faith has come under severe attack and criticism. It is not in the interest of
Muslims to remain divided. Rather, it is the responsibility of every Muslim to promote and
practise brotherhood, try to overcome differences and build new bridges based on Islamic ethics.

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In the world of faith, Muslims are united by Shahada (the declaration of faith) and the need is to
practically demonstrate unity in societies where they live.

They are to realise that the division within has caused much pain and damaged their foundations
during the long and chequered history of the Muslim ummah.

In order to steer the ummah out of the divisive crisis, the concept of brotherhood needs to be put
into action at every level. In this connection it is essential to devise certain parameters which
must be adhered to.

First, all segments of the ummah must be allowed to remain true to their doctrines, history and
interpretation of faith. No one must be allowed to declare others wrong or infidels. Muslims of
whatever persuasion should remember that Allah says He “…Will judge between them
concerning that wherein they differ. …” (39:3) and that “Your Lord knows best who has gone
astray from His path and who is rightly guided” (68:7).

These verses enlighten us that humans are not to become judgemental in matters of faith. It is
purely the domain of Allah to judge who is guided and who is not. We, as humans, try to
understand His guidance with the limited capacity of our mind. The Holy Quran leaves the door
open for different interpretations without any one interpreter being able to accuse another of
being non-Muslim.

Therefore, all Muslims should pray that the Almighty, in His infinite mercy, may forgive any
mistaken interpretation, stemming from ignorance or misunderstanding of the Holy Book.

Secondly, Muslim history consists of great achievements of the past centuries, but it also narrates
some bitter events and recalling them can generate caustic feelings. Therefore, in the larger
interest of the ummah the avoidance of such bitter pages of history is the need of the hour.

The Muslim ummah is not a monolithic entity but pluralistic in nature. This means countless
Muslim communities around the globe are of varied types. They affirm the Shahada and declare
Islam as their faith but practise according to their cultural contexts. All seek Allah‟s blessings
and pray for His guidance to move forward on the siratal mustaqeem (straight path).

Islam‟s central message is peace, which is possible only when the notion of brotherhood is
translated practically on the ground at the grassroots level. History proves that a sense of
brotherhood has helped Muslims weather difficult storms.

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As we advance further into the 21st century, we need to revitalise the idea of brotherhood and
apply it in our lives for reasons of nation-building, economic prosperity and political stability.
The ulema, teachers and media persons have a special role in this regard.

Our national curriculum should have special emphasis on brotherhood. Students should be made
aware that when Islamic brotherhood is not practised, the entire nation suffers.

Quarrelsome behaviour
Amin Valliani

WE see no time in human history devoid of wars and killing. Human history is full of such
events. Every nation takes pride in its heroes who fought wars against its enemies. But the
question is: why do humans fight and kill each other?

The above question invites us to think about the root causes. Humans live in societies. They are
different from each other in many ways such as habits, thoughts, interests and perceptions etc.
These differences propel people to struggle for self-assertion and can lead to confrontation,
intolerance and violence. Parochial thinking and egoism also create bad blood among different
sections of the population.

Some people remain unhappy with the existing conditions of their societies; they feel deprived,
mistreated and marginalised, which leads to confrontation and rocks society as a whole. Such
societies are more vulnerable to frequent clashes and conflicts.

The Holy Quran highlights this issue. It says “…But man is more quarrelsome than anything”
(18:54). This means that every human being has a natural tendency to quarrel. Quarrels start
when a person, in response to some grievances, entertains grudges against others and feels
indignation, followed by vengeful thinking.

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Thereafter, a stage is reached when interaction between individuals touches the point of
irrationality. It is amply proved in history that the spirit of revenge has resulted in horrid enmity,
driving people to take up arms.

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Vengeful thinking damages society at large. Therefore, a civilised society tries to nip vengeful
thinking in the bud. It provides many avenues where one can vent one‟s frustrations and seek
redress and justice.

Islam abhors violent and quarrelsome behaviour in society. It urges Muslims to solve their
disputes through reconciliation, mediation, negotiations and other „soft‟ means of conflict
resolution. It warns believers that the devil sows disagreement among them (17:53).

In this connection, we find numerous examples in the life of the Holy Prophet (PBUH) which
promote compromise and mutual concession in order to build friendship and confidence.

One such example is the incident of when the repair and renovation of the Holy Kaaba was over;
a serious quarrel arose as to who was entitled to put the Hijr-i-Aswad (black stone) back in its
place. Leaders of many Makkan clans were in dispute, each claiming the honour and the right to
set the stone back in its place. There was an impasse, which was solved with the Prophet‟s
humane and intellectual approach.

It was suggested that the first person to arrive at the Kaaba the next morning would have the
right to put the stone back. As it occurred the Holy Prophet was the first to arrive at the Kaaba,
but he wished to share the privilege. He spread a sheet of cloth, put the Hijr-i-Aswad in the
middle and asked all the leaders to hold the sides together and thus carried the stone back to its
place.

In several places the Quran refers to solving disputes amicably, calling upon the disputing parties
to forgive, for to forgive is ennobling. It enjoins believers to “…do good as Allah has been good
to you. …” (28:77). It states that “Believers are brothers. So make reconciliation between your
brothers and fear Allah, that you may receive mercy” (49:10). Islam commends those who
forgive peoples‟ mistakes and do not hold grudges.

However, conflict is a necessary part of life. And resolving conflict is one of the most difficult
areas of human endeavour, but not something impossible. Every conflict is resolvable through
negotiations if conducted in a spirit of openness, firmness and willingness to accept the ground
realities.

Parties need to abjure the use of force, intimidation, rigidity, intransigence and uncompromising
attitudes in settling disputes, as these are the biggest obstructions while fluidity paves the way to

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settlement. These are some basic requirements of resolving conflicts, but each conflict has a
unique history with unique characteristics.

Each party to the conflict has its own concerns and fears. The challenge is to find the right
inducement to draw the parties off the battlefield and into the negotiating room. The success of
negotiations is often attributed to the readiness of parties to exploit opportunities, confront hard
choices and make fair and mutual concessions.

It is very unfortunate that the Muslim ummah, during the last many centuries, has seen numerous
conflicts turn ugly causing disunity, mistrust, discontent and unhappiness in its ranks. These have
prevented smooth development and caused us to remain backwards. Centuries-old issues lurch
back to life every now and then causing tensions.

It is a fact that the world will never be free from disputes and differences. But the need of the
hour is to promote pluralism — to coexist in spite of differences. There are divergent views even
in a family, so the nation at large must consider it a strength rather than a weakness.

Modern man needs to embrace diversity and curb all the irritants that cause differences to turn
into animosity and bloodshed. Many disputes erupt due to hearsay and the Holy Book enjoins us
to verify before taking any action (49:6). We should keep our faith in Allah‟s promise that He
“will judge you on the Day of Resurrection about that wherein you used to differ” (22:69).

Equally, it is necessary to inculcate sound ethics in the younger generation so that disputes can
be solved with broad-mindedness. Those who live by the sword often die by the sword. Violence
breeds misery and ruin. Therefore, in the modern era, one must seek peaceful means of solving
disputes.

Extremism does not pay


RELIGION is basically a spiritual experience and must be valued as such. Politics, on the other
hand, is a game of power which is often played with no holds barred.

Truly religious persons who are inspired by core religious teachings and fundamental values
should critique the power holders who do not deliver rather than becoming power wielders
themselves. When religious organisations or personalities become participants in the power game

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they betray religious teachings and create fanaticism, arousing extreme emotions to better their
chances of winning the power game.

We have seen in Islamic history how the controversy about the 'createdness' of the Quran was
used by Abbasid rulers to win the power game. They persecuted eminent theologians who
refused to endorse their doctrine of the 'createdness' of the Quran. Similarly, in our own time we
see the phenomenon of fundamentalism and terrorism, fuelled by the politicisation of religion.
All religions stand on ethical and moral foundations and the power game is often won by
weakening this base.

Imam Abu Hanifa refused to accept the office of the chief qazi under the Abbasids because he
feared that he would have to endorse the misdeeds of the rulers; he did not want to pollute his
pure soul. He withstood all coercion, including a cruel prison term imposed by the caliph, but he
did not accept the office offered to him.

How can one critique the powerful (mustakbirun) and stand by the weaker sections of society
(mustadifin) if one becomes part of a ruling establishment? Those who run after power can never
be truly religious in spirit. The Sufis kept themselves aloof from power when they saw how
religion was becoming a tool of the powerful, and destroying all values. When a Delhi sultan
wanted to visit Nizamuddin Auliya in his hospice he told Khusro there were two doors to his
hospice; if the sultan entered from one, he would leave from the other.

Religion should never be politicised. Its politicisation produces disastrous results. In recent
years, the Indian polity was thoroughly communalised by the BJP using the Ram Mandir-Babri
Masjid controversy. It brought unprecedented communal polarisation in India. Demolition of the
Babri Masjid was followed by communal riots in Mumbai and several other places. It was Mr
Advani who was the architect of this controversy which paid him short-term dividends but with
disastrous consequences for the longer term.

In the recently concluded Indian elections, the people reasserted their case for a secular polity.
The election results came as a pleasant surprise for many and as a shock for communal forces.
The people do not want extremists and communalists; they want moderates who can address
their problems. Yes, it is also true that once in a while the people's religious emotions can be
played up but the masses soon see the political misuse of religion and stop responding to such
forces.

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Mr Advani was all ready to take over as prime minister and the media was repeatedly referring to
him as a favourite. We were holding our breath. If in this election communal forces had come to
power, not only would secular values have suffered, many secular institutions would have been
infiltrated by communal forces which in turn would have weakened India's secular democracy, if
not destroyed it.

However, not much credit goes to the Congress for winning these elections. The credit rests with
the people of India. The BJP was a bit unsure how much the Hindutva factor would pay but was
under pressure from extremists to use Hindutva as a main plank and when Mr Varun Gandhi
made a highly communal speech in Pilibhit, UP, from where he was to be nominated as a BJP
candidate, BJP leaders saw in it an opportunity. Even Mr Advani, who was posing as a moderate
in order to become prime minister, rushed to support Varun Gandhi and ignored the Election
Commission's notice not to nominate him as a candidate in view of his highly communal speech.
But the BJP went ahead and nominated him.

Many BJP leaders after the results said that it was a mistake and that they should not have
backed Varun Gandhi. It sent a wrong message to the people. Similarly, the BJP banked much on
Narendra Modi who is not only an extremist but also directly responsible for massacring 2,000
Muslims in Gujarat. BJP leaders thought he was an asset and was much in demand for the
campaigning. In fact, he became a liability. BJP analysts later maintained that they lost the
elections because of him.

Let us learn a lesson from history and not allow politicians to play with our religious sentiments
and emotions.

RELIGION is basically a spiritual experience and must be valued as such. Politics, on the other
hand, is a game of power which is often played with no holds barred.

Truly religious persons who are inspired by core religious teachings and fundamental values
should critique the power holders who do not deliver rather than becoming power wielders
themselves. When religious organisations or personalities become participants in the power game
they betray religious teachings and create fanaticism, arousing extreme emotions to better their
chances of winning the power game.

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We have seen in Islamic history how the controversy about the 'createdness' of the Quran was
used by Abbasid rulers to win the power game. They persecuted eminent theologians who
refused to endorse their doctrine of the 'createdness' of the Quran. Similarly, in our own time we
see the phenomenon of fundamentalism and terrorism, fuelled by the politicisation of religion.
All religions stand on ethical and moral foundations and the power game is often won by
weakening this base.

Imam Abu Hanifa refused to accept the office of the chief qazi under the Abbasids because he
feared that he would have to endorse the misdeeds of the rulers; he did not want to pollute his
pure soul. He withstood all coercion, including a cruel prison term imposed by the caliph, but he
did not accept the office offered to him.

How can one critique the powerful (mustakbirun) and stand by the weaker sections of society
(mustadifin) if one becomes part of a ruling establishment? Those who run after power can never
be truly religious in spirit. The Sufis kept themselves aloof from power when they saw how
religion was becoming a tool of the powerful, and destroying all values. When a Delhi sultan
wanted to visit Nizamuddin Auliya in his hospice he told Khusro there were two doors to his
hospice; if the sultan entered from one, he would leave from the other.

Religion should never be politicised. Its politicisation produces disastrous results. In recent
years, the Indian polity was thoroughly communalised by the BJP using the Ram Mandir-Babri
Masjid controversy. It brought unprecedented communal polarisation in India. Demolition of the
Babri Masjid was followed by communal riots in Mumbai and several other places. It was Mr
Advani who was the architect of this controversy which paid him short-term dividends but with
disastrous consequences for the longer term.

In the recently concluded Indian elections, the people reasserted their case for a secular polity.
The election results came as a pleasant surprise for many and as a shock for communal forces.
The people do not want extremists and communalists; they want moderates who can address
their problems. Yes, it is also true that once in a while the people's religious emotions can be
played up but the masses soon see the political misuse of religion and stop responding to such
forces.

Mr Advani was all ready to take over as prime minister and the media was repeatedly referring to
him as a favourite. We were holding our breath. If in this election communal forces had come to

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power, not only would secular values have suffered, many secular institutions would have been
infiltrated by communal forces which in turn would have weakened India's secular democracy, if
not destroyed it.

However, not much credit goes to the Congress for winning these elections. The credit rests with
the people of India. The BJP was a bit unsure how much the Hindutva factor would pay but was
under pressure from extremists to use Hindutva as a main plank and when Mr Varun Gandhi
made a highly communal speech in Pilibhit, UP, from where he was to be nominated as a BJP
candidate, BJP leaders saw in it an opportunity. Even Mr Advani, who was posing as a moderate
in order to become prime minister, rushed to support Varun Gandhi and ignored the Election
Commission's notice not to nominate him as a candidate in view of his highly communal speech.
But the BJP went ahead and nominated him.

Many BJP leaders after the results said that it was a mistake and that they should not have
backed Varun Gandhi. It sent a wrong message to the people. Similarly, the BJP banked much on
Narendra Modi who is not only an extremist but also directly responsible for massacring 2,000
Muslims in Gujarat. BJP leaders thought he was an asset and was much in demand for the
campaigning. In fact, he became a liability. BJP analysts later maintained that they lost the
elections because of him.

Let us learn a lesson from history and not allow politicians to play with our religious sentiments
and emotions.

No sanction for terrorism


The recent terrorist attacks in Mumbai have revived the question as to whether such strikes can
be held permissible in Islam.

The Indian ulema have repeatedly denounced the killings. The Darul Uloom, Deoband, has
issued a fatwa against terrorism on the ground that Islam does not permit taking innocent lives.

The Quran clearly says, “Whoever kills a person, unless it be for manslaughter or for mischief in
the land, it is as though he has killed the entire humanity. And whosoever saves a life, it is as
though he has saved entire humanity.” (532). One can be permitted to take life for life, as it
happens even today in many countries but it is only by way of retaliation (qisas). The Quran

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recommends an even higher form of morality, i.e. forgiveness, and Allah is described as
Forgiving and Merciful (Ghafur al-Rahim).

Under no circumstances is the killing of innocent people allowed, much less in the name of
Islam. Many Muslim terrorist groups are using the word jihad for their terror attacks and
impression has gone round that Islam is all about killing kafirs. Terrorism has not even the
remotest connection with Islam or with any religion for that matter. Terrorism is a political
response to a political situation, and a most unwise response.

Jihad is not about killing. It should not be used for war; fighting an external enemy is only the
minor jihad (jihad-i-asghar) at the most. The superior form of jihad is fighting the enemy within
which takes various destructive forms - anger, revenge, falsehood, desire and greed. These are
mean tendencies in us all.

To pardon (afw) and to suppress anger (kazim al-ghayz) are described as higher forms of
morality. Thus, 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)”. The friends of Allah (Awliya Allah) always believed in this
form of jihad which raised their moral stature above others.

Revengeful attacks to realise political objectives cannot be called jihad; it is such immoral acts
which have caused Islam to be associated with violence and fanaticism. Let it be said with all
emphasis that Islam is a religion of compassion; in fact, compassion is at the centre of Islam. The
four most fundamental values of the Quran are justice, benevolence, compassion and wisdom,
which are also Allah's attributes.

Muslims begin all their work with the name of Allah, Who is Merciful and Compassionate. A
Muslim who is not compassionate is not an obedient worshipper of Allah. Those who seek
revenge, as terrorists do, are not good Muslims. Those who take innocent lives cannot qualify as
Muslims obeying Islam. A Muslim should be a role model of morality for others. He should
display wisdom at critical junctures in life.

The Prophet (PBUH) pardoned his worst enemies. When he conquered Makkah in a bloodless
victory all his persecutors and oppressors feared the worst. However, he pardoned all of them,
even Hind, who had chewed the liver of his dear uncle Hamza, causing the Prophet so much

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anguish. It is this compassionate conduct of the Messenger which attracted the people of Makkah
to Islam.

Jihad is the utmost effort to suppress all base tendencies within us to become fine human beings.
The Prophet was indeed the Rahmat lil Aalemin (mercy to the worlds) which made him so dear
to others that they were prepared to lay down their lives for him. Islam spread in the world
because of the morality practised by its followers, not because of the sword.

But terrorists who are ruthless killers bring only contempt to Islam. Such 'Muslims' confirm the
stereotype spread by the enemies of Islam that the faith spread in the world 'with the sword in
one hand and the Quran in the other'. Ahmad Amin, the noted Egyptian intellectual, points out
that Islam means 'to establish peace'. A Muslim is one who is engaged in spreading peace in the
world. We also have a hadith that says 'A Muslim is one from whose hands others are safe'.

No one is safe at the hands of the terrorists. In the recent Mumbai terror attack two terrorists
were seen killing innocent passengers at the railway station who were with their families. In the
carnage at the station 58 passengers were killed, of whom 22 were Muslims. In all, 35 Muslims
were killed. Contrary to this, a Muslim is one who saves life of all, irrespective of their faith.

All Muslims must unreservedly condemn indiscriminate killings of innocent citizens, regardless
of where or when they take place. Let us project an Islam which is compassionate and which
respects the sanctity of life.

Rigidity of ulema
Asghar Ali Engineer

A FEW days ago we had organised a discussion on codification of Muslim personal law in a way
that could be acceptable to all the sects of Islam in India. We did so in consultation with the
ulema, Muslim intellectuals, lawyers and women activists.

Also, this codification is strictly within the framework of the Sharia — that is the Quran and
Sunnah. We had a few consultations before we finalised certain proposals and we had also kept
in view the codification done in many Muslim countries like Pakistan, Jordan, Egypt and others.

Our draft codified law addresses the question of misuse of polygamy, triple talaq, inheritance,
custody of children etc. The orthodox ulema, who have constituted the Indian Muslim Personal

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Law Board (MPLB) since the 1970s, hardly do anything to stop misuse of these provisions, with
the result that a large number of Muslim women suffer; they are arbitrarily divorced, their lives
and those of their children ruined forever. Many men, taking advantage of the provision for
polygamy, leave their first wife and marry another. Under unregulated Muslim personal law
today khula cannot take place without the consent of the husband.

Our proposed codification is chiefly meant to stop such abuses and restore the law‟s focus on
justice and gender equality.

Though we have finalised proposals we, by no means, consider it perfect and so have kept it
open for consultation and further perfection.

We organised one such consultation at Lucknow, which is a centre of Islamic learning, and
invited ulema from Nadwatul Ulama and Farangi Mahal, two great seats of Islamic learning in
India, besides other ulema, intellectuals and women activists.

Though we are aware that it is by no means easy to get such proposals accepted by orthodox
ulema or the Muslim Personal Law Board, we continue to discuss with them and persuade them
to accept these proposals in the interest of the Islamic spirit and justice to women. We also wish
to have dialogue with the MPLB, preferably its chief Maulana Rabe Hasani. In this consultation
we requested that the MPLB should depute some representative to have at least preliminary
discussion with us.

A maulana was deputed and from Farangi Mahal its chief Maulana Irfan Siddiqui himself came.

The consultation was a great disappointment and proved how rigid our ulema are. One of the
reasons why Islam appears to be so rigid to non-Muslims and rationalist Muslims is chiefly
because of this attitude. Right at the beginning the maulana from Nadwa said we were
undertaking very „dangerous‟ work.

He also alleged we were trying to change the meaning of the Quran. I asked him to first go
through the proposals and then point out why they are „dangerous‟ and how they amount to
changing the meaning. We again reiterated that our proposals are strictly within the framework
of the Quran and Sunnah; all we are doing is regulating and preventing the misuse of polygamy,
triple divorce, etc.

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We have proposed, for example, that a man should not be allowed to marry another wife unless
he is permitted to do so by the marriage council (or Sharia court) presided by a qazi and his first
wife after thorough inquiry, which could include the need for a second wife and his capacity to
do justice.

Both the Quranic verses on polygamy (4:3 and 4:129) stress justice, not numbers, and justice is
primary in the Islamic value system. The maulana then said it is Hindus who marry more than
one wife more often than Muslims. I told him we are here discussing Muslim personal law and
not Hindu law or violation of Hindu law. We must understand the maqasid al-sharia (intentions
of the Sharia) and should not go by formal law as formulated by early jurists. In fact, early jurists
also had kept justice in mind and even tried to define justice, but soon the concept began to be
misused by men and justice became quite secondary.

Similarly, triple divorce in one sitting is not mentioned in the Quran and the holy book has
clearly prescribed the method also and requires two witnesses at the time of divorce (65:1-3), and
yet among Hanafi Muslims triple divorce in one sitting has become the only form of divorce in
India.

The Quran also makes provision for arbitration before divorce (4:35), which is also avoided
today. Thus the Quran becomes secondary when it comes to men‟s domination.

The maulana asked that if he proved the Prophet (PBUH) had allowed triple divorce would I
accept it. I said surely I would and asked him to quote the source. He could not and then I quoted
the hadith in which the Prophet had strongly denounced triple divorce. The maulana had no reply
but again he said very few Muslims divorce their wives. One alim even said none of us present
here had divorced his wife. I said we are not going by numbers but quality and intent of law, not
how many Muslims divorce their wives. I know of several Muslim women whose lives have
been ruined because of triple divorce.The maulana, when rendered speechless, adopted tactics of
munazarah (debate) in which the matter is twisted rather than giving a solid reply. He at last left
in a huff rather than giving any constructive suggestion.

I was very much pained that our religious leaders are so rigid and have lost the true spirit of
Islamic legislation.

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Fatwas can be changed


Asghar Ali Engineer

RECENTLY a conference of the Muslim Personal Law Board in India saw a huge crowd of
200,000 Muslims from all overMaharashtra.

The chairman of the board, Maulana Rabe Hasan Nadwi, made a highly emotional speech and
said that Sharia is divine and no change in it can be made; even if the whole Islamic world
changes Sharia, Indian Muslims will not allow any change and will keep traditional Sharia close
to their hearts.

How appropriate is this stance? Today many women are agitating for certain necessary changes
to issues such as triple talaq and unregulated polygamy which cause suffering to them. Some
concerned people, including myself, have taken the initiative to codify Muslim personal law so
as to minimise its misuse and give relief to Muslim women.

To what extent Sharia can be misused can be judged from the fact that a well-known Islamic
university in Hyderabad Deccan allowed a man to marry two young girls simultaneously on the
assumption that Islam allows polygamy.

All this is based on books written and fatwas issued hundreds of years ago. Our ulema do not
want to deviate from these written texts. Whenever any question is asked they simply consult
these texts and issue a fatwa and again, like court judgements, these fatwas become a precedent
for subsequent edicts and are treated as universally applicable. Lay Muslims do not know that
these fatwas are merely opinions expressed by a mufti and are not binding.

Should fatwas issued by eminent ulema be treated as unchangeable? Or can they be changed
with time and place? Generally, Sharia is thought to be divine and immutable and no human
being can make any changes in it. In fact, Sharia laws have been developed by eminent imams
like Abu Hanifa and others to meet the requirements of their time and place. Thus Sharia can be
described as a sincere human approach to divine intention. It is well known that when Imam
Shafi‟i shifted to Egypt, he changed his opinion on several fiqhi (jurisprudential) matters.

Recently I saw a book by Sheikh Yusuf al-Qaradawi, a well-known scholar highly respected in
the Arab world. It is on the subject of fatwas and the necessity for changes in fatwas. Yusuf al-

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Qaradawi has invoked the principle of ijtihad in Islam to justify changes in fatwas. The sheikh
even maintains that Sharia cannot be useful for the ummah unless ijtihad (he indicates several
forms) is exercised from time to time.Sharia, it is important to note, must remain dynamic and
relevant to the time and place where it is applied. Fundamental principles and values on which
Sharia is based cannot be changed, but the laws based on these principles and values should and
must change from time to time to keep them relevant and useful. That is why in most Islamic
countries traditional Sharia laws have been changed or codified to make them as useful as they
once were.

Al-Qaradawi has given 10 grounds on which fatwas can be changed; all these grounds are highly
relevant. First, he gives four grounds on which fatwas should change i.e. change in time, change
in place, change in conditions and change in what he calls „urf (social practices or traditions).
The Quran also uses the term ma‟ruf in this sense. Then he gives six more grounds for
desirability of change which are: change in knowledge; change in needs of people; change in
capabilities of people; spread of calamity (when some acute problem becomes common); change
in collective political or economic condition and change in opinion or thought.

These 10 grounds, in fact, capture all possible changes which can take place in a given society.
This makes it amply clear that Islamic jurisprudence is by no means static or immutable as
commonly thought but it has enough space for change. It is altogether another matter if our
ulema are rigid or incapable and try to hide behind the divinity of Sharia. In fact, if any law
remains static it cannot meet the requirements of society.

Today personal laws — as developed during the mediaeval ages — need many changes. It is also
well known that Sharia law during that period had incorporated many Arab customs and
traditions as ma‟ruf, and triple divorce was among them. The Prophet (PBUH) had denounced
this particular practice as the Quran intended to empower women and give them equal status and
no one practised it during his time. However, it was later on reintroduced for certain reasons.

Today, women are highly aware of their rights and such practices are against the principle of
equality, which is more fundamental than any Arab custom. Still, it is practised in countries like
India and even thought to be divine. Similarly, polygamy is much misused and also thought to be
a man‟s privilege. It has to be regulated and should not be allowed to be used as per one‟s whim.No
woman would accept it today as they did in the past.

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Mediaeval formulations in respect to personal laws were also influenced by patriarchal values
and today patriarchal values are being challenged, especially by women.

Polygamy should be allowed only in cases where it is very necessary. Similarly, other personal
laws could also be reviewed if needed. It would greatly benefit the ummah if our ulema kept the
abovementioned 10 grounds in mind while giving their opinion in matters of Sharia.

On the fate of nations


Amin Valliani

ONE of the important themes in the Quran is the fate of earlier nations. In many verses Allah
enjoins us to travel around the world to see the ultimate fate of those who went before.

Many Prophets mentioned in the Quran had travelled a lot during their lives. Thus the Quran
makes it incumbent on every generation to travel around the earth and see the glory of Allah, the
majesty of His nature and learn how nations rose and went down. The land bears testimony to the
fact that many nations have emerged, raised and reached the heights of civilisation but ultimately
they went down and lie buried under the earth. Similarly, history is also evident that the world
witnessed many rulers, dynasties and nations that touched the zenith at one point in time and
then slid into oblivion.

Many warriors conquered vast lands, enslaved weaker nations, ruled over them and then their
successors faced decline and met their fate. A nation which reaches the pinnacle of its height and
a nation which falls to its lowest ebb have both left marks for the coming generations to ponder
upon and learn from the causes of their rise as well as their downfall.

The Quran also mentions the vicissitudes of some nations like of those of „Aad, Hud and Saleh,
etc. for drawing lessons. It directs the Prophet (PBUH) to relate such stories so that his followers
may reflect. The narrations indicate certain core values upon which a nation can stand and grow
and also warn us to abstain from such vices that cause downfall.

From verses in the Quran, it can aptly be derived that there are aspects that can derail a nation
from the road to human development. These can include excessive materialism, abuse of power
and use of intoxicants, for instance.

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A nation engrossed in excessive materialism tends to ignore higher spiritual values, human rights
and sense of equality among its members. It falls into corruption and goes haywire. The Holy
Prophet (in one of his sayings warned that excessive love of the world (materialism) was the root
of all wrongs (Ibn Majah).

Similarly, disregard of human rights promotes lawlessness, violence, crime and use of
intoxicants make a nation drift towards catastrophe. Therefore, every nation needs to guard its
lines against such vices. Human history provides ample proof that the great dynasties that ruled
over nations for hundreds of years fell just because they sold their souls.

In Indian history, the Mughals‟ was one such dynasty which ruled India from 1526 to 1857 but it
fell because of negligence of eternal verities. Many Mughal princes were involved in excessive
drinking, infighting for succession and pursuing acrimonious policies.

Among the core values, the following of which is fundamental for a nation to touch its zenith, is
education. In Islamic teachings, acquiring education is made obligatory. The Prophet is reported
to have said to acquire education even it be in China. In Muslim history, we see education has
played an important role in the uplift of the nation.

Muslims founded educational institutions such as Jamia Al-Azhar in Cairo during the Fatimid
rule in 969CE and Madressah Nizamiyyah in Baghdad during Seljuk times in 1067. The role of
the Aligarh Muslim University in India cannot be ignored. It enabled Indian Muslims to achieve
the desired status in society. Such efforts supported Muslims to develop; however, when they
stagnated, they started facing decline.

In Pakistan, the education sector faces a dismal situation. The issue props up every now and then
and every government has been aware of it. As per government-approved curriculum, we teach
Islamiat in our schools. But many schools are unaware of its importance; they teach Islamiat as a
formality while its real purpose is to build character and inculcate a sense of fear and presence of
the Almighty in the individual‟s heart and mind. Everyone lives, moves and has his being under
the watch of Allah and is accountable for his/her deeds.

Acquiring education in the Islamic context is not only for worldly improvement, but also to
better understand Allah‟s creation. It has a role in developing a nation, helping a people to live
ethically as rational beings. Further, it enables them to differentiate right from wrong. Education

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is essential to develop critical faculties among learners to think freely and challenge some of the
negative stereotypes. Thus education is a core value to equip the people to realise their potential.

Presently, the education sector is beset with untold problems. Every now and then we hear and
read about ghost schools, ghost teachers and even unqualified people occupying teaching posts
on the basis of their political affiliations. Such gross irregularities over time can make a nation‟s
ship sink. Therefore, those who are charged with the responsibility of imparting and managing
education, need to awaken their conscience and devise a system of monitoring and evaluation to
check the ills. The curriculum needs strong and meaningful content.

Though the present sorry state of affairs has led to polarisation in society to some extent it can
still be argued that things can move towards betterment if we continue to straighten our
directions in the light of the Quran‟s value system based on the knowledge of right and wrong.
Our success lies in educating our children in letter and spirit because a nation that loses the sense
of educating its people is well on the way to decline.

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Social System of Islam

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Compassion in Islam
EARLIER this month, religious scholars and leaders from around the globe drafted a 'Charter of
Compassion', and floated it on the Internet for all to sign up to. According to them, “Compassion
should be the plinth of religions.”

Prominent among the leaders who have affirmed the charter are Karen Armstrong, Egypt's Grand
Mufti Sheikh Ali Goma and the Dalai Lama, besides others. The charter calls for restoring
compassion to the centre of morality and religion and ensuring that youth are given accurate
information about other traditions, religions and cultures to encourage a positive appreciation of
cultural and religious diversity and to cultivate an informed empathy.

The charter underlines that the principle of compassion lies at the heart of all religions, ethical
and spiritual traditions, calling us always to treat others as we wish to be treated ourselves. I
would like to discuss this centrality of compassion from an Islamic standpoint. The Quran
repeatedly describes Allah as Compassionate and Merciful and so those who worship Allah have
to be merciful and compassionate; else what is the use of worshipping a Being whose values we
do not follow?

It is known to every Muslim that he/she has to begin any work with incantation of Bismillah ir-
Rahman ir-Rahim (I begin in the name of Allah who is Compassionate and Merciful). Are then
compassion and mercy not at the centre of Islam? But it is highly unfortunate that Islam today is
known more for 'jihad' in the hands of those who kill and maim than mercy and compassion.
Who is responsible for this?

Is Islam responsible for the acts of such Muslims? A handful of those indulging in terrorism
today actually use Islam in their pursuit of power. Today it is Buddhism which is known for
compassion rather than Islam. It is true that in Buddhism also compassion is a central value but
so it is in Islam. Why then has Islam never been known for compassion in its entire history?

It is known only for jihad. The reason is, unlike Buddhism, Islam got associated with power right
from the beginning. Islam appeared among Arab tribesmen among whom violence was rampant.
Islam, therefore, made peace and compassion central values so that Arabs could give up violence
and make peace and compassion as part of their day-to-day conduct. However, human history

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shows ideals do not become real and it is reality which prevails over ideals, and the Arabs were
no exception to this rule.

It is precisely for this reason that we see so much bloodshed in Islamic history during the
Umayyad and Abbasid periods and Hajjaj, among Umayyads, and Saffah among the Abbasids,
went down in history as oppressors. This continued throughout Islamic history. Jihad, which
never meant waging war in the Quranic terminology, was used by rulers for war and bloodshed.

It is high time this kind of jihad, which has got a new lease of life with terrorists in action, was
corrected and once again compassion assumed centrality, as in Quranic values. It should get the
much-needed priority. Not that no one ever understood this Quranic message. The Sufis did and
kept themselves apart from power struggle among different dynasties and groups. They
emphasised peace, love and compassion rather than power. They emphasised the spiritual over
the material. Sufis like Ibn Arabi and Maulana Rum made love central to Islamic ethics and
Muslim masses always followed them.

However, Muslim ruling classes always emphasised rituals on the one hand and jihad on the
other so that their oppressive and exploitative rule was accepted. Oppression (zulm) is the
greatest evil according to Quranic ethics; yet, it became commonplace in Islamic history and
there were ulema who came out with a doctrine that, to avoid anarchy, even a zalim ruler
(oppressor) must be obeyed if he enforces salah (prayer).

This was a great setback to Quranic ethics. Salah is not an end but means to an end but now salah
became an end in itself. Dr Iqbal had rightly pointed out in his Reconstruction of Religious
Thought in Islam that religion in its higher form is neither dogma nor rituals. However, all of us
who greatly appreciate Iqbal's poetry never give a thought to such statements of Iqbal.

Today, thanks to Al Qaeda and the Taliban, 'Islam' has been reduced to killing innocent people to
gain power and wealth. There should be strong opposition and all sources encouraging such
bloodbath must stop. Though it is late but even now ulema from the Islamic world must come
out strongly in opposition to such gross misuse of Islam today. The ulema should also draw up a
charter of ethics and give it wide publicity to alienate the terrorists from Muslim masses. To
remain silent in the face of such horrific killings is to be part of it.

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Cosmopolitan ethics
Muhammad Ali Musofer

BECAUSE of the rapid development of communication technology the distance between


societies has been shrinking constantly in the contemporary world and today, the world is called
a global village. This process of connectivity is viewed as instrumental to bringing people of
different backgrounds and cultures closer and to provide an opportunity to learn from each other.

However, it is also observed that this process, at times, causes conflicts within and among
societies because of differences in cultural and ethical values.

Looking at the ethical challenges of a connected world, social scientists have been seeking such
ethical principles that should be inclusive and help people of diverse backgrounds live in
harmony and peace. Over time, different ethical perspectives, with different terms, have been
proposed to deal with ethical issues of the contemporary world, and cosmopolitan ethics is one
the most discussed ethical perspectives.

The concept of cosmopolitism can be traced in different societies in history; however, after the
Second World War, the term „cosmopolitan ethics‟ received increasing attention from scholars.
Broadly speaking, cosmopolitan ethics is based on the principle that all human beings belong to a
single community. Cosmopolitan ethics envisage a society where inclusive morality, shared
economic interest and social relationship is used to encompass cultural differences. A
cosmopolitan society regards the difference of identities and values as strengths. It encourages
dialogue within and between cultures and societies to make this world a better place to live in.

Muslims need to promote a humanistic view of Islam.

There are different views about whether religions like Islam provide such principles that can be
helpful to build a cosmopolitan society. However, looking at Islamic teachings through the
humanistic perspective, one can find plenty of examples that are very much related to
cosmopolitan ethics.

For example, the Quran repeatedly stresses on human unity by saying that all humans are created
from one soul (4:1). While the Holy Quran emphasises on the unity of humanity, it also
recognises the diversity among humankind. The Quran indicates that Allah has purposefully

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created different communities, or else, He could have made all humankind one community. For
example, in one of the verses Allah says “O mankind We have created you male and female, and
made you into nations and tribes, so that you may know one another. …” (49:13). Similarly, in
another verse, the Quran says “…To each among you have We prescribed a law and an open
way. If Allah had so willed, He would have made you a single people. …” (5:48). The Quran
also teaches one to tolerate differences and not to impose one‟s faith on others (2:256, 109:6)

Likewise, many examples can be found in the teachings and life of the Holy Prophet (PBUH)
that stress on the unity of human beings and teach respect for humanity. The Holy Prophet has
repeatedly reminded humankind to be respectful and helpful to each other.

In short, there are plenty of messages in the Quran and in the teachings of the Holy Prophet that
stress on the unity of humanity and reflect the diversity of human society. Such messages can be
valuable principles to build a cosmopolitan society on.

It is evident from Muslim history that whenever Muslim societies adopted pluralistic and
inclusive approaches, those societies started contributing towards various fields of life such as
culture, economics, philosophy, science and literature. In this regard Abbasid Baghdad and
Fatimid Cairo can be seen as examples.

Today, many Muslim societies are facing challenges of radicalism and terrorism. There may be
multiple causes of such challenges, however, the narrow and exclusive approach of interpretation
of faith can be one of the reasons. The narrow interpretation of faith discourages diverse views
and society moves towards internal and external polarisation and conflict. This approach cannot
enable the faithful to integrate themselves into the diverse and globalised world; as a result they
become reactive and violent.

Today, in an interconnected world no society can survive in isolation. When societies are
interconnected then diversity is inevitable. In this situation, there is need to promote an ethical
system that helps a society integrate itself into broader humanity. Hence, Muslim societies need
to promote a humanistic view of Islamic teaching in order to strengthen connectivity within and
with other societies.

In sum, our world is increasingly becoming interconnected and people of different cultural
backgrounds are coming closer and closer. In this situation, societies need an ethical system that

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can help people with diverse backgrounds live together harmoniously and peacefully.
Cosmopolitan ethics is viewed as one of the inclusive perspectives that encourages providing
space for differences in societies. Looking at Islamic teachings through the humanistic
perspective, one can come across valuable messages with a humanistic and inclusive outlook that
can be instrumental in developing a cosmopolitan society.

Islam & social reform


TRADITIONAL ulema have nearly always opposed social reform calling it un-Islamic. Many
are able to mobilise support from static Muslim societies by quoting either certain selected
Quranic verses or the hadith. Historically, ulema have also declared reformers as kafir or mulhid,
i.e. believers in naturism rather than God.

Once such fatwas are issued against a reformer, he/she faces total isolation in society and finds it
extremely difficult to carry on reform. Sir Syed Ahmad Khan, whose birthday was on Oct 17,
was one such great social reformer.

He never laboured over religious doctrines. He just wanted Muslims to go for modern, secular
education so that modern knowledge, which was mostly available in English, could be made
accessible to the Muslims. The ulema opposed his movement for modern education, the founding
of an institution of modern learning, and issued fatwas against him, dubbing him variously as
kafir, Christian and Jewish. One of the ulema even travelled to Makkah and obtained a fatwa for
killing Sir Syed.

The question arises why this show of fierce opposition to social reform which was, after all, for
the betterment of the Muslim community of India? It was certainly not religious belief alone
because opposition to social reform emanates from a host of complex factors.

Firstly, change is always feared as it brings uncertainty and unknown consequences, especially
on the part of those who do not benefit from change. Apart from theologians and community
leaders, it is feared by the masses who have not experienced change and have lived amid
ignorance and superstitious beliefs.

Secondly, it is feared by the priesthood, by theologians as well as some social and cultural
leaders because it challenges their leadership. Priests and theologians have had a grip on the

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minds of the people for too long, and many feel any change will throw up new social or
theological leaders in which case they will lose out. Thus they oppose reform to secure their own
positions. To legitimise their opposition they find what they call religious reasons and try
quoting out of context from scriptures to impress the public.

The ulema in the 19th century were highly apprehensive of English education as it would mean
challenging the madressah education, coupled with the fear that Muslims would be moving a
step nearer to Christianity. As Arabic education was considered a step towards Islam, English
education was considered a step towards Christianity. There was little more reason for the ulema
to oppose modern education.

The ulema had held high positions in Mughal courts and functioned as qazis or religious judges.
They were being replaced by British judges and highly qualified Indians who had studied the
law. This created strong resentment among the ulema; they denounced the English education
system which was taking away everything from them. Thus they had everything to fear and
nothing to celebrate.

Muslim masses also supported them, because they recognised the ulema as their religious leaders
and men of great Islamic learning. Secondly, Muslim society at the time was either static or
decadent. Any change made the people fearful and they rightly believed the British to be their
enemy, one who threatened their religious belief and political hegemony. The future was
unknown and in the hands of foreign rulers.

Also, as pointed out before, change is feared by those who lose out and celebrated by those who
gain from it. Only very few side with reformers who have some idea of what the future may
hold. Among Muslims in India Sir Syed began the vigorous movement for modern education
even before a new class of Muslims who could be the beneficiary of English education emerged.

Eventually, of course, that class came to the fore, albeit slowly, and subsequently became the
harbinger of change. Among these people a galaxy of intellectuals arose who are respected to
date. They included people like Nawab Mohsinul Mulk, Maulavi Chiragh Ali, Justice Amir Ali
and Maulvi Mumtaz Ali Khan among several others. They developed a new vision of life and
laid the foundation for a better life for the Muslims in India. Many from this new class of
Muslims joined the civil, police and other services and left a mark on society.

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Today many ulema are not only learning English they are also trying to project Islam to non-
Muslims in the English language. What was thought to be the language of kafirs in the 19th
century has now come to stay in the Muslim world. Thus, those who oppose change
subsequently not only accept it but also find that it becomes the very means of survival.

It is very unfortunate that many ulema should still vehemently oppose everything new, only to
accept it later, reluctantly, for their own survival. We often refuse to move with the times and
then time forces us to move with it after extracting a price for our refusal to change.

Social reform and Islam


Asghar Ali Engineer

WHENEVER one talks of religion and reform, one faces stiff opposition from traditionalists and
is accused of reforming a religion which is divine.

In the past, eminent social reformers like Sir Syed Ahmed Khan, Justice Ameer Ali, Maulvi
Chiragh Ali, Dr Mohammad Iqbal and others have faced such opposition.

One should not forget that religion as we inherit and practise it is a mix of divine injunctions,
theological formulations and indigenous customs and traditions. Everything in religion is not
divine. And certain divine injunctions also have a certain social context which changes over a
period of time, while certain divine injunctions are totally transcendent and eternal in nature.

This distinction is also of great relevance for a reformer. Commentators of the Quran also
developed a volume of literature called asbab al-nuzul i.e. occasions of revelation of various
Quranic verses. They tried to understand Quranic verses in the light of what preceded their
revelation. Thus, context becomes important.

In matters of Sharia too jurists and eminent founders of various schools of law recognised the
role of aadat i.e. customs and traditions of Arabs, because Sharia was developed primarily in the
Arab society. Many jurists of subsequent generations also, therefore, recognised the importance
of aadat of places where Islam spread later. Thus a changing social context as well as local
customs and traditions cannot be elevated to the status of the divine as is often done by Muslims
of later generations.

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Changing cultural and historical contexts and new developments may necessitate change and
reform. Without such change the vitality and dynamism of a religion is lost. The change would
not mean changing the eternal, divine injunctions. If religious injunctions are divided between
ibadat and mu'amalat (worship and social norms), then mu'amalat deals with what is between
human beings and is certainly open to change, while ibadat deals with what is between an
individual and Allah, which cannot be changed.

Certain injunctions pertaining to women have generated a great deal of controversy from the
19th century onwards. The conservative ulema oppose any change in respect of not only Sharia
laws pertaining to women but also those pertaining to aadat. Everything is considered divine and
no change is admissible. These days we have the hijab controversy after the French president
talked of banning the hijab in France. One can certainly term President Sarkozy's intentions as
undemocratic and interfering with personal freedoms. But one should not forget that there is
hardly any unanimity among Muslim theologians, much less among Muslim intellectuals, about
the form of the hijab.

The Quranic verse 2431 is subject to different interpretations. It is hardly established by any
Quranic verse that women should completely cover their faces, revealing only their eyes. Verse
2431 pertains to zeenah (adornment), not to veiling one's face. It is also disputed whether purdah
predated Islam, as Maulana Shibli Nomani shows in his article on purdah, or whether it came
into existence much later, in the 7th century Hijrah (13th century AD), as Justice Ameer Ali
maintains. If Maulana Shibli is right than perhaps purdah became Islamic as part of aadat, i.e.
customary Arab law.

Whatever it is, a social reformer has to discuss the role of women in society where a whole range
of issues are involved rather than just the hijab. Even if some kind of veil is recommended by the
Quran, it should be analysed if doing so curbs the social role of women, as is the norm in
traditional Muslim societies. In Saudi Arabia, for instance, women are virtual prisoners and
subordinated to men's authority.

It is an irony that all theologians swear by gender equality in Islam and then proceed to restrict
the role of women in the social, economic and political spheres. Darul Uloom, Deoband once
issued a fatwa that women cannot contest elections; Saudi Arabia does not allow women to vote
in municipal elections (there are no other elections in that country).

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Besides, Muslim theologians have also prohibited new inventions. In the 19th century, several
fatwas declared loudspeakers haram; so was the use of a watch while praying. The church had
also prohibited the use of the lock much earlier in Europe when it was invented. In our own
times when heart transplants became possible they were declared haram, and I saw a lengthy
article by a prominent aalim in India arguing why heart and other transplants were haram. Later
on it was declared permissible under the doctrine of zaroorah i.e. necessity of saving a human
life.

We need to develop a proper understanding of social change vis-Ã -vis the essential part of
religion, which is immutable, and what is permissible to change and reform. Unfortunately, there
is a woeful absence of such a theory in Islamic theology today. Muslim theologians and
intellectuals must come together and develop such a theory.

Need for reflection


Muhammad Ali Musofer

THE capacity of reflection is a gift bestowed upon man that enables him to transform himself
and society.

In fact, a meaningful process of reflection leads individuals and nations towards self/collective
consciousness and helps to develop the capacity to respond to the emerging challenges
creatively.

The importance of self/collective reflection is highlighted significantly in the teachings of Islam.


The Holy Quran has repeatedly stressed the use of the human intellect to improve society. For
example, the Holy Book has clearly highlighted that God would not change the condition of
people until they change themselves (13:11). This indicates that a deeper reflection is crucial for
the realisation of change in an individual or nation‟s life.

In the formative period of Islam, Muslims were relatively more reflective and engaged
themselves with the prevailing knowledge of the time. It is because of this engagement that
Muslim societies of that time were able to contribute significantly to different aspects of human
knowledge such as philosophy, science, theology, art, literature etc.

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Today, many Muslim countries, including Pakistan, are facing a range of challenges such as poor
governance, poverty, ignorance, health issues, violence, etc. However, it has been observed that
at times, external forces are viewed as being solely responsible for our woes instead of us taking
the responsibility of responding to the issues.

This kind of approach obviously hinders societies in finding realistic responses to their
challenges. Historically, it is evident that with the evolution of human society new challenges
emerge. Therefore, societies need to find creative responses to face the emerging challenges.
Hence, Muslim societies today need to re-examine the challenges they face as well as their
approaches to responding to these daunting challenges.

Firstly, today, several Muslim societies are encountering challenges of governance in terms of
political confrontation, social injustice, corruption etc. Due to the fragile political situation
people in numerous Muslim states are suffering in many ways. The situation of polarisation and
conflict has weakened the fabric of society to engage collectively on issues.

At present, societies are increasingly becoming complex as diverse views are emerging with the
growing interaction of people around the world through information technology. Today people
are more aware about their rights and want to be engaged in the decision-making process of their
respective societies.

In this situation the demands of governance have changed. The governance system needs to have
the capacity to provide the citizens with maximum opportunity to participate in the process of
political and social decision-making. Space needs to be provided to the diverse voices emerging
from within society. Hence, an inclusive approach is required to reduce the sense of exclusion in
society, which leads towards polarisation.

A very quick glance over the Muslim world reveals that many of the countries are governed by
dictators or hereditary monarchs. Democracy has not been able to take root in many countries.
Except for a few countries, even democratic governments are not able to adopt an inclusive
approach to accommodate diverse views. Rather, they try to implement their agenda by force.

As a result, democratic governments face resistance from their population. Democracy is not just
about securing a majority and imposing the views of the majority. Rather, it is the kind of
government which respects and accommodates diverse voices of society.

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Secondly, we are living in a world where knowledge plays a vital role in determining the
position of a society. Nations are judged on the basis of how they value and contribute
knowledge to the larger society. However, unfortunately, for the last couple of centuries Muslim
societies have not been able to contribute significantly to human knowledge.

Today many Muslim countries are facing acute challenges in educating their younger generation.
For example, according to estimates, Pakistan has millions of children unable to attend school.

Universities are generally viewed as places where knowledge is produced and contributed to the
larger society. However, data shows that there are very few universities from the Muslim world
that have made it to the top 500 universities of the world.

Thirdly, poverty is another big issue in Muslim societies. For example, in Pakistan a
considerable number of people live under the poverty line. It has also been observed that society
is divided between the extremely poor and the extremely rich because of the unjust distribution
of resources and opportunities.

Fourthly, violence has badly affected several Muslim societies, including Pakistan. Thousands of
innocent people are killed by different kinds of violence for no reason. At times considering it an
„external conspiracy‟, no serious action is taken to respond to this serious issue.

Many other issues faced by the Muslim world can be mentioned here. The above-mentioned
examples are enough to get a picture of the challenges that Muslim societies face today.

To understand the issues and respond to the challenges effectively, Muslim societies need to be
more reflective. They need to comprehend the demands of modern times and devise some
creative responses to deal with emerging challenges.

They must understand that without taking collective responsibility, responding to the
considerable challenges would be very difficult.

The fatwa on `fitna`


RECENTLY the Darul Uloom, Deoband, issued a fatwa saying that if a woman works in any
government or public office with other men, her income would be

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haram (prohibited) for her family. This fatwa was published prominently in leading newspapers
across India.

It stirred a hornet's nest; a large number of Muslim women and men, including some ulema,
opposed the fatwa and the Darul Uloom had to say it never issued it; it said that it had only
responded to a question about women working in public offices.

There are two factors at work here. One is that Muslims no longer unquestioningly accept
whatever some ulema say in such matters, particularly relating to women and their rights. Even
some ulema questioned the legitimacy of the said ruling. Secondly, and this is a disturbing
aspect, most of our ulema are totally text-oriented, not problem-oriented. Whatever text was
produced by our predecessors under very different conditions in the past has become sacred for
them and must be adhered to irrespective of the drastic changes that have since taken place in
society.

Most of the ulema who defended the Darul Uloom ruling argued that women could work under
what they kept calling shari hudood (limits of the Sharia). Firstly, the question arises as to the
need of applying these shari hudood only to women. And secondly, who will define these limits?
For such ulema any mixing of men and women is an act of fitna (mischief). For them a woman's
character and integrity have no meaning or significance at all. If she raises the veil from her face
in a mixed gathering, she transforms into a fitna.

There are several instances in the Holy Prophet's (PBUH) life, and after that, when men and
women came together. Hazrat Ayesha even led her side of the army in the battle of Jamal
(camel). There were hundreds of companions of the Holy Prophet who were around at the time
and who fought in that internecine battle, and no one told her not to venture out of the home to
take part in the battle. Shifa bint-i-Abdullah, a leading lady, was appointed by Hazrat Umar as a
market inspector and no one protested. What was she doing in the marketplace as an inspector?
Dealing with women alone?

The Quran, which is the primary source of the Sharia, does not refer to hijab (veil) for ordinary
women. On the other hand, it advises women not to display their zeenah (adornments) publicly
(2431) but refrains from defining what constitutes zeenah or adornment. It has been defined by
various commentators depending on their cultural environment at a given point in history.

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The Quran does not even say whether they should cover their heads, let alone their faces. It says,
on the other hand, “except what appears thereof” leaving room for interpretation. There is near
agreement among commentators that the face and hands should remain out of the veil. However,
it advises women to cover their upper torso.

The verse referred to is preceded by advice to both men and women, advising that let believing
men lower their gaze and restrain their sexual passions; and let believing women lower their gaze
and protect theirs (2430). In fact, this is most important part of these two verses. Verse 30 is
often ignored in which men are held equally responsible for lowering their gaze and restraining
their sexual passion.

Instead, the entire responsibility is put on women that they should cover themselves up,
including their faces lest they should become a source of fitna (mischief). The Quran has put this
responsibility on both men and women to restrain themselves. It is unfortunate that when it
comes to women we totally ignore even what can be called maqasid al-shariah (i.e. intentions of
the Sharia) and only women are held responsible for their behaviour by the traditionalists.

Throughout the Quran men and women have been described as equally responsible for their
deeds (amal) and that they will be given equal reward or punishment for whatever they do. If
anyone needs any further clarity on the subject then let him/her carefully study verse 3335,
besides several other searchable verses in the Quran using the subject index. Logic dictates that if
men and women are equally responsible for all their deeds, then both men and women would
also be equally responsible for their sexual conduct; thus, erring men are an equal source of fitna
and not women alone. What the traditionalist ulema call shari hudood (limits imposed by the
Sharia) were fixed by men living in medieval times, and who held women to be secondary to
men. The need of the time is to take up ijtihad on the existing fiqh, as was the practice in the
past, in keeping with the true spirit of the Quran and Islam.

Also, one needs to develop a proper methodology and a guiding framework to understand the
Quranic intentions in their totality, not in a piecemeal way, as our commentators have been doing
since ijtihad was abandoned. Sticking to a medieval understanding of shari hudood that were
defined by the prevalent culture and not religion per se back then will not serve the purpose
anymore.

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Is Sharia immutable?
Asghar Ali Engineer

IT is believed by millions of Muslims across the world that Sharia laws are immutable and
represent divine will. This is based on serious misunderstanding. Sharia is not and cannot be
immutable.

Recently I was invited to the Jaipur Literary Festival to be part of a panel discussion on the book
Heaven on Earth by Sadakat Kadri of London, which is on the application of Sharia laws across
the Muslim world. He has travelled to different Muslim countries and talked to various ulema
and muftis about Sharia as applied to their respective countries.

All of them were defenders of conservative Sharia formulations and refused to admit any change.
They maintained that Sharia being divine cannot be changed. It is from this rigidity of our ulema
that the misunderstanding among common Muslims arises that Sharia is divine and hence
immutable.

In fact our ulema forget that ijtihad was not only permitted but encouraged by the Prophet of
Islam (PBUH) and the hadith pertaining to Ma‟adh bin Jabal is well-known. When the Prophet
appointed him to the governorship of Yemen and he came to take leave of the Prophet, Ma‟adh
was asked how he would govern. Ma‟adh said, according to the Quran. The Prophet thereupon
asked what he would do if he did not find the solution to the problem in the Quran, to which
Ma‟adh said he would govern according to the Sunnah. But when the Prophet asked if he could
not find it in the Sunnah also, Ma‟adh said “ana ajtahidu” (I will exert myself to find the
solution). The Prophet thereupon patted his back and told him he was right.

All ulema accept this hadith and yet, while theoretically admitting the permissibility of ijtihad,
refuse to engage in it or allow it saying there is no one capable of doing it. In fact, what is
unalterable are the principles and values underlying Sharia ie usul al-fiqh. But laws based on
these usul must undergo change in keeping with changes in the social and cultural context. In
fact cultural context plays a very important role in the formulation of Sharia. The Arab adaat
(customs and traditions) form an important part of Sharia formulations.

The late Abdurrahman Wahid, who headed Indonesia‟s religious organisation Nahdlatul Ulama
and also served as president of that country, told me once that there was great debate among the

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ulema of Indonesia over whether Indonesian customs and traditions can become part of Sharia as
applicable in that country; those who advocated Indonesian adaat ultimately won.

Let us remember that what was called the Muslim ummah (community) during the Prophet‟s
time was limited to Arabia only. But when Islam spread to different areas the ummah was no
more confined to the Arabs alone; it also encompassed the Iranians, Uzbeks, Turks, Chinese,
Indians and others. Thus there were various linguistic and cultural groups within the fold of
Islam.

Sharia was influenced by these factors. Thus the ummah was no longer a homogenous group but
comprised of various cultural communities with their own age-old customs and traditions.

However, the values, maqasid (intentions) and masalih (welfare) of human beings did not
change. Maqasid al-sharia and masalih al-sharia do not change, but in order to keep these values,
maqasid and masalih intact, the rules framed by the ulema must change. When Imam Shafi‟i
moved from Hejaz to Egypt, which was a confluence of Arab and Coptic cultures, he realised
this and changed his position on several issues.

However, what I am saying does not apply to ibadaat ie matters pertaining to worship, the world
hereafter etc but only to matters pertaining to mu‟amalat ie interpersonal relations like marriage,
divorce, inheritance and many other similar socio-economic matters.

The most important, of course, among these is matters pertaining to marriage, divorce etc. In
Jaipur I spoke mainly on women‟s position in Sharia and women‟s position in the Quran.

The fact that the venue was packed with people shows the interest women‟s position in general
and that of Muslim women in particular generates. I commented that the book referred to earlier
deals with only the status quo and application of Sharia laws of patriarchal and feudalised
Islamic societies. It very much misses what I call the transcendental Quranic vision. The Quran
gives absolutely equal rights to man and woman without any discrimination.

However, the Quran was revealed in a highly patriarchal society which later also became
feudalised when the caliphate turned into a feudal empire. Thus patriarchy and feudalism
completely distorted the fundamental Quranic vision of gender equality and women‟s
individuality and dignity.

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Unless we understand these sociological and cultural aspects and relate them to the theological
one, we will miss the very revolutionary role which Islam wanted to play in totally transforming
women‟s status.

However, it is highly regrettable that Muslim societies could not produce ulema with the
capacity to relate sociology with theology. Even in modern and post-modern societies our ulema
totally lack a transcendental vision of Islam. They have become prisoners of the past and have
frozen Islam in a feudal, patriarchal state.

We need theologians with vision to fulfil the Quran‟s mission of going beyond the present which
is full of injustice. Our society is replete with gender injustices and the Quran‟s central value is
justice — justice in all areas of life. Gender justice is as emphatically emphasised as justice in
social and economic matters.

In order to emphasise gender justice it is high time that we produce female theologians with
profound knowledge of the Arabic language. Even the most conservative ulema cannot oppose
the concept of female theologians.

Tackling moral decline


Amin Valliani

WORLD history has never seen a period where a proper sense of morality prevailed. Only
Islamic history projects a period of about 13 years where the Holy Prophet (PBUH) established a
society in Madina which can be termed as immaculate: free of evil and exploitation.

One of the major objectives of Islam is to extirpate all social evils from society. In order to
achieve this, Islam instilled a high of morality amongst its first followers. The Prophet was a
living role model amongst them; the Quran describes him as one of exalted character (68:4).
Morality is a subject that deals with and determines the veracity of human conduct, e.g. good or
bad, right or wrong, etc.

There is not a single moment of a day when an individual is not engaged in doing or thinking
something. It is an endless process which goes on all through one‟s life. The question arises
when one is confronted with the veracity of activity: right or wrong. This relates to morality and
Muslims have been asked to seek guidance to determine the veracity of their conduct.

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Their ultimate success is predicated on the soundness of their social conduct with fellow beings.

After the Quran, the life of the Prophet is the best source of guidance. While elaborating on
eternal verities he simultaneously exemplified through his scrupulous conduct. His life is full of
such incidents, where he projects a proper sense of morality.

Even his staunch enemies confessed that his ethics were great. His thought for human benefit, his
deeds of kindness, his words for love, his effort for peaceful coexistence and his prayers for
human salvation are shining examples for all to emulate.

Contrary to such superb teachings, a cursory look at our society today reveals an all-round state
of moral decrepitude; it faces numerous problems, but the most horrendous is ethical degradation
at every level. Lack of moral scruples at committing evil can be observed in markets, offices,
factories and public places where people interact in a most discourteous manner. Most appear to
be individualistic, self-centred and over-ambitious in pursuit of wealth, power and social status.

Many ignore the pangs of conscience for the sake of worldly pursuits.

At the national level, many public organisations have failed to meet moral standards.
Internationally, we face a grim situation as many NGOs place us on the lowest rung. Some have
tagged us as corrupt or unreliable. Pakistanis visiting abroad face disrespect while encountering
foreigners. Though the present scenario looks bleak, one must not be disappointed. The Quran
says that Allah changes not the condition of a nation unless it changes itself (13:11).

In some government offices, a circular was reportedly issued directing all employees to be
ethical in their dealings. A person cannot become ethical just on the issuance of a circular; it is
the mindset, acquired over time through an attitudinal education, training and environment which
trains you to be ethical in your dealings.

A Muslim who loves his fellow being feels pain when he sees decay all around. There are a
number of reasons for this but the foremost is drifting away from the ethical goals set by Allah.
We have gone far from the ethical teachings of Islam. Success lies only in adhering to these
teachings in letter and spirit.

The Quran is full of ethical teachings. But chapter 17 especially provides ethical guidelines for
the believers to follow in material life, whereby an individual as well as society can purge
themselves of evils. These teachings have the sole purpose of creating an ethical society. Allah

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vouches that “Your Lord knows best what is in your inner selves. If you are righteous then verily
He is ever-most forgiving to those who turn to Him again and again in obedience and
repentance” (17:25). Thus, one has to develop an inner sense that his Lord is aware of what is
going on inside/outside one‟s self.

People interact mainly through word of mouth. Words represent our inner attitudes; they can
create friendship and animosity among individuals. It is on the record that words have been the
cause of many disputes and wars and also a good cause of peace and friendship in many areas of
the world throughout history. Therefore, the Quran emphasises that believers utter words that are
best and be cautious.

Ever since the creation of Pakistan we have been teaching our students the subject of Islamiat in
schools and colleges. The education ministry and departments have attached a long list of
objectives for teaching Islamiat in their curriculum documents. Yet we see moral decay,
therefore, we need to rethink the contents of Islamiat textbooks and evaluate them vis-à-vis our
objectives.

We cannot change society and deeply entrenched social attitudes overnight but we must foresee
and plan our future society right now and ask ourselves what will be our society in the year 2036,
for instance, 25 years from now when a whole new generation will have grown up. In order to
create a moral society, a new look at the whole subject of Islamiat and its pedagogy is the need
of the hour.

It may be an uphill task but it must be undertaken, with the teachers engaged in teaching Islamiat
made conscious that their task is ordained as guides. They must be instilled with a missionary
spirit to build their students‟ character to shape a future society that is free from exploitation,
corruption and chicanery.

Reformists at work
AT a conference held at Oxford University last month it was encouraging to see many reformist
Islamic scholars from across the world come together to discuss various issues pertaining to
Islamic societies and contemporary challenges.

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The theme of the conference was 'Critical thinkers for Islamic reform — the way forward'. The
moot began with the Friday prayers, and in keeping with the reformist approach seeking equal
rights for Muslim women, the prayers were led by a woman scholar from Canada, Ms Raheel
Raza, who delivered the sermon. The media was present in full strength as it was for the first
time that a Muslim woman was leading the Friday prayers in the UK. Ms Raza's sermon was
focused on reform and change.

The most important thing for Islamic reformers is to have a deep conviction in the faith whose
practices they seek to reform. All those participating in the conference were from diverse
cultures; they spoke different languages but had one thing in common pride in being Muslim.
They were convinced that Islamic laws, as developed during the medieval ages, need urgent
change, and that the Quran needs to be interpreted in keeping with new challenges emerging
around us in a globalised society.

Edip Yuksel was once an orthodox scholar from Turkey. He has written extensively in the
Turkish language from a conservative standpoint. However, over a period of time his views have
changed after he became convinced that critical thinking on various Islamic issues is a must in
modern times.

He concluded that earlier translations by eminent Muslim commentators (mufassirs), however


scholarly, are not satisfactory for this age. Along with two other Islamic scholars, Layth Saleh al-
Shaiban and Martha Schule Nafeh, he has attempted a fresh translation of the Quran. It has been
published under the title, Quran A Reformist Translation. It is worth studying as these three
scholars have gone into the roots of crucial Arabic words used in the Quran to capture the real
spirit of the holy text, cleansing it of the superstitious approach of the early scholars.

Some of the subjects discussed at the conference were 'The paradigm of Islamic reforms —
history and heritage'; 'Theological and philosophical imperatives for Islamic reform'; 'New
Quranic hermeneutics — Muslim law and Islamic reformation'; 'Islam, science, culture and
freedom — towards a Muslim renaissance'; 'Gender, sexuality and human rights in Islamic
discourse'; and 'Media, war on terror and western foreign policy'.

All the discussions that took place were Quran-centric as against hadith-centric among those who
stress on a conventional practice of interpreting Islamic law. Some scholars were of the opinion

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that a hadith-centric approach cannot admit reform and change, and that the Quran after all is
totally divine so there is absolutely no difference of opinion about its text.

Many hadiths are not only controversial but also based on Arab culture, customs and traditions of
the time. The Quran, on the other hand, goes beyond any geographical area and is not restricted
by any time period. It is, in other words, beyond space and time and thus an eternal guide.

Some of the participating scholars felt that though many hadiths are controversial, there are also
those which are in conformity with the Quran and normative in nature (apart from those which
are contextual). The reformists believe that such hadiths can serve a useful purpose even for re-
understanding the Quranic text and for making reforms in the existing Islamic law structures.
Despite some such differences on these issues all participants were united in their desire for
reform.

The participants also felt that values and principles are immutable, not laws based on these
values and principles. Laws must remain dynamic and change with social needs. It is values
which provide the moral base and stability to society, and that five values are most fundamental
in the Quran. These are the truth (haq), justice (adl), benevolence (ihsan), compassion (rahmah)
and wisdom (hikmah).

No Islamic law should violate these fundamental Quranic values, and any laws framed to serve
existing social needs must uphold these values. All reforms to be attempted should be with a
view to strengthening these Quranic values, because the law is not the end but a means to
achieve the implementation of these values. Also, any change and reform must keep as its aim
the maqasid (objectives) and masalih (interests and welfare) of society. The conference
concluded on this sagacious note.

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Human Rights

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The farewell sermon


Nilofar Ahmed

AFTER the conquest of Makkah, when the Kaaba and its surroundings were restored to Prophet
Abraham‟s legacy, the Prophet (PBUH) decided to go for Haj. This was the only pilgrimage he
performed. The rituals that he taught and the travel that he undertook have all become part of the
Haj rituals.

He felt that he might not meet his followers again in this manner, so he summarised his teachings
in his famous last sermon. On Friday, Zilhij 9, 10AH, (March 6, 632CE), the day of gathering on
the plain of Arafat, the Prophet climbed up the hill known as Jabal al-Rehmat, or „the hill of
mercy‟, and addressed the pilgrims who, according to some accounts, were 124,000 in number.

After praising God and declaring the basic creed, „There is no deity but Allah and Muhammad is
His Messenger‟, he went on to speak on various topics. Some of these statements have become
the fundamental touchstones of the Islamic faith.

He quoted from the Quran: “O people, indeed, We have created you from a male and a female
and made you nations and tribes so that you would recognise each other. Indeed, the most
honourable of you, in the sight of God, is the most pious” (49: 13). All prejudices of colour,
caste, tribe and gender are done away with in this verse.

He went on to say, “Therefore, an Arab is not superior to a non-Arab, nor is a non-Arab superior
to an Arab. Neither is a black person superior to a white, nor is a white person superior to a
black. All human beings are from Adam, and Adam was created from dust. All claims to
preference and superiority, all claims of blood and wealth and all rights of vengeance have been
crushed under my feet.”

He said that he would not be able to help them on the Day of Judgment if they had not worked
for the Hereafter. He told the Qureish that God had destroyed their false pride and their boasting
about the achievements of their ancestors: “O people, your blood and wealth and honour have
been made inviolable on each other, forever … for all Muslims are brothers of one another. Take
care of your slaves. Yes, take good care of your slaves. Feed them the same food that you eat and
clothe them similarly.”

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Then he said that all the unjust customs of the days of ignorance had been done away with by
him. All the retribution and the interest of the days of ignorance were also declared invalid. Since
Allah had given every heir his due share, it was not right for anyone to write a will for their heirs.
A child will be attributed to the one on whose bed he is born, he declared.

For the one on whom illicit sex is proved, (with four eyewitnesses), the punishment is stoning.
The ultimate judgment will be made by God on the Day of Judgment. He said that loans should
be paid off and borrowed things should be returned. Gifts should be given in return for gifts
received. One who takes up the responsibility of another, should pay the dues. It is not lawful for
anyone to take forcefully from another.

He specifically asked his followers to treat their women well, “…for they are bound to you and
cannot do as they please. Fear God in regard to women, for it is in His name that you have
acquired them and they have been made lawful for you with God‟s permission”.

He preached that men and women had rights over each other: “Your rights over them are that
they should not call to them anyone whom you do not approve of. They should not betray your
trust. If they indulge in shameless immorality, then you have been given the right to express your
displeasure. But if they desist, then you should take good care of their needs, such as clothing
and food.”

He said that it was not lawful for a woman to give from her husband‟s wealth without his
consent. Then, the Prophet (PBUH) said, “I am leaving something with you. If you remain
steadfast on it, you will never go astray; that is, the book of God and the practice of His Prophet.
And remember, do not exaggerate in the matter of your faith. Those before you were destroyed
because of this.”

He said that Satan had lost all hope of being worshipped in that city (Makkah) anymore. But in
minor matters they might still follow him, which will satisfy him. “So you must protect your
religion and your faith from him.”

He reminded his followers to worship their Lord, say their five-time daily prayers, fast for a
month, pay zakat willingly, perform Haj and follow their leaders. Then they would become
eligible for paradise.

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About accountability, he said, “From now on, the criminal alone will be responsible for his
crime. Neither will the son be caught in place of his father, nor will the father be avenged in
place of the son.” He asked his followers present there to convey what they had heard to those
who were not present, for the latter might be more capable of understanding and preserving it
(his words).

Concluding the sermon, the Prophet (PBUH) said, “You will be questioned about me (on the
Day of Judgment). What answer will you give?” They replied, “We will bear witness that you
conveyed to us what you were entrusted with….” The Prophet (PBUH) then pointed towards the
people and said, thrice: “O Lord bear witness!”

Mohammad the liberator


Asghar Ali Engineer

MUSLIMS everywhere celebrate the birthday of Prophet Mohammad (pbuh) with great devotion
and reverence. But often it is seen that the devotees do not always reflect on the message of the
person whom they so venerate. Eid-i-Milad has just become a tradition rather than an occasion
for deep reflection.

Muslims also refer to Prophet Mohammad (pbuh) as Muhsin-e-Insaniyyat, the benefactor of all
humanity, but do we care to know in what respect he became the benefactor? In this limited
space I have I will try to shed some light on the revolutionary aspects of Mohammad's (pbuh)
teachings and how Muslims should benefit from these. The Prophet of Islam was an ummi, that
is he did not know how to read and write and yet he ushered in a great social and economic
revolution that is as useful today as it was all those centuries ago.

We can call him a liberator of all humanity if we follow his teachings, not so much from the
tangled web of Hadith but from the Quran that he brought us. The Quran indeed was his real
miracle. Firstly, he emphasised the importance of knowledge. This word occurs in the Quran
more than 800 times along with its various derivatives (the word jihad, so controversial today,
occurs only 41 times).

Knowledge was so important to him that he required Muslims to seek knowledge even if they
had to go to China, then a very distant land from Arabia. Following this teaching, Arabs who

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were quite averse to knowledge — especially in the written form (there were only 17 people in
Makkah during the Prophet's lifetime who could read and write) — became great precursors of
various sciences and even the West immensely benefited from their findings. The West
discovered the treasures of Greek knowledge through the Arabs.

Secondly, the Prophet liberated women from bondage and gave them rights, recognising their
individuality and rights. Women got equal rights in marriage and marriage was declared a
contract between two equals. He made it obligatory for women too to seek knowledge. “Seeking
knowledge is obligatory for Muslim men and Muslim women”, he said. The cause of women's
bondage to men was mainly due to women's ignorance, and when acquiring knowledge became
their right and an obligation, women too became empowered. It is knowledge that is the true
liberator.

Thirdly, Mohammad (pbuh) was greatly concerned with justice. Justice is so fundamental to
Islam that Allah derives one of his names from justice (Adil). Justice for weaker sections of
society was of utmost importance to the Prophet. Allah, according to the Quran, is on the side of
the weak. And it is the weak (mustazifin) who shall inherit the earth and who shall be its leaders.
The powerful and arrogant (mustakbirun) shall be doomed, promises the message brought by
Mohammad (pbuh).

Fourthly, the Prophet made the individual responsible for all actions, not the collective tribe or
community, as was the case in pre-Islam Arabia. The Quran also declared that each individual
must carry his own burden and no one else should be held responsible for the deeds of others. It
was a very revolutionary declaration at the time, when an entire tribe or community acted as one
and an individual accounted for nothing. The Quran made reward or punishment individual-
centred as opposed to tribe-centred. This freed individuals, men and women, from the burden of
tribal customs and superstitions. Collective action, said the message, may be important, but not at
the cost of the choices an individual must make.

Fifthly, Mohammad (pbuh) also gave the individual rights and dignity along with responsibility.
Human dignity was not circumscribed by any religion, tribe or ethnicity but included all children
of Adam (karramna bani Adam). It was indeed a revolutionary declaration of which preceded the
UN Charter of Human rights by more than 1,400 years. Also, the Prophet said that all creation is
the family of Allah.

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Sixthly, he gave the concept of Bait al-maal, a treasury to which all Muslims would contribute
according to their income. In modern terms, this can be described as a move towards a welfare
state in modern terms. Zakat was no longer a tax imposed on the people to cater to the luxurious
lifestyle of rulers, as was the norm in pre-Islam days. It was meant strictly for the welfare of the
weaker segments, orphans, widows, the poor, travellers and for the liberation of prisoners and
slaves. Such usage of public tax money was unprecedented.

The Prophet even declared that land was only for its tillers, thus bringing down the oppressive
and exploitative feudal system. Unfortunately, within a few decades of his death Muslim rulers
established a great empire based on the same exploitative system. All this may sound
unbelievable to many non-Muslims. Why? This is because Muslims often pay verbal tributes to
the Prophet (pbuh) instead of acting on his charter.

Now let's look around and ask ourselves What is the condition of women in Muslim countries?
Are Muslim states welfare states? Do their rulers live a simple life like the Prophet did? Do they
respect individual rights and human dignity? Do they practise justice? Do they respect human
life as the sacred trust of Allah? The answers may not be in the affirmative. Muslims have to
reflect seriously on their failures and recommit themselves to the Quranic value system, brought
to them by Mohammad (pbuh).

Free will and predestination


Nilofar Ahmed

AFTER creating Hazrat Adam God asked all the angels to perform sajdah, or prostration, before
him (2:34). Being the first human being, he represented all of humanity. Iblis, or Satan, was a
jinn who had been so pious that he was placed in the company of angels, at which he became
proud and refused to prostrate before Adam.

His argument was that he had been created from fire and, therefore, he was superior to Adam
who had been created from clay (7:12).

Why was Adam given such a high station? The answer can be found in the accounts of Adam
and Eve in paradise, when they are given the freedom to eat and drink whatever they desired,

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from wherever they desired and however much they desired, except for the fruit of one tree
(2:35).

This forbidden fruit was placed within their grasp, making it a possibility for them to eat it, and
for Satan to tempt them, symbolising the fact that of all the creatures in the universe, human
beings and jinns enjoy a certain amount of freedom of choice.

Having no choice the angels bowed to Adam. But Satan showed his defiant attitude and did not
comply. It is this choice that gives human beings and jinns the potential for a high station. All the
other creatures have a fixed path and a fixed destiny.

Surah al-Ahzab says, “We offered this trust to the heavens and the earth and the mountains but,
being afraid (of breaking the trust), they refused to bear it. But man accepted it. Indeed, he is
unjust and ignorant” (33:72).

The „trust‟ offered was the responsibility accompanying choice and free will. But the others were
afraid of this heavy burden and of inclining towards transgression rather than obedience. Human
beings accepted „free will‟ and its accountability, but continue to betray the „trust‟ that
accompanies it.

Humans were created in ahsan-i-taqweem, or „the best of form‟, given qualities of imagination,
invention and mercy. But they can also become the asfala safileen, „the lowest of the low‟,
capable of self-centeredness, injustice and destruction. The „trust‟, therefore, requires
responsibility towards humanity, all creation and one‟s inner self, based on rightful belief.

According to the Sufis, the human being has the best capability to bear this trust and must
struggle to make his station purer.

Through the logic of the intellect and the burning of the veils by the fire of love, he is able to
experience the gnosis of the Essence of the Divine Being and to progress to higher spiritual
stations.One third of the Quran speaks of accountability, the Day of Judgment and Heaven and
Hell, leading one to think that one will be judged by one‟s belief and actions. If life is governed
by laws, then where lies freedom of choice? Since God is omnipotent (2:20), how much blame
do human beings deserve for their deeds? One also believes in naseeb, or destiny, and yet the
successful person is lauded and the unsuccessful person is looked down upon. What is the
relationship between the will of God and the will of human beings?

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This question was asked and deliberated upon by many people in the early years of Islam. Soon
two distinct schools of thought, the Jabariyah and the Qadariyah, emerged. Jabar means to
enforce, or that helpless state of human beings in which they are forced to act in a particular
manner. The Jabariyah school believed that all creation is under an absolute decree, which
cannot be changed. They held God responsible for the actions of human beings.

Qadar means power. The Qadariyah school believed that human beings had absolute power and
freedom and that there was no such thing as predestination. They felt that man‟s actions were
imperfect and, therefore, could not be attributed to God.

The others felt that the Qadariyah seemed to have taken away the power of God and, in a way,
assigned partners to Him.

Hassan al-Basri, one of the most renowned tabieen, jurists and scholars of the eighth century,
developed Qadari leanings. He thought that a belief in predestination should not be an excuse for
inactivity or negative activity. He stressed individual moral responsibility which, he felt, was
balanced by God‟s mercy and His final control of man‟s destiny. The Qadariyah school later
found a balance between the omnipotence of God and the need for personal moral effort.

The truth has to lie somewhere between absolute decree and absolute choice. The answer is to be
found in a hadith of the Prophet (PBUH), who asked a man who came to visit as to what he had
done with his camel. The Bedouin replied, “I have left it in the care of God”. The Prophet said,
“First tether the camel and then leave it in the care of God” (Tirmizi).

Human beings have been given a certain amount of ground for action. It is their duty to first do
their best within that ambit and then attribute it to one‟s destiny.

As one progresses spiritually, one‟s will becomes aligned to the will of God. Perceived
contradictions become dissipated and one‟s will diminishes in inverse proportion to one‟s
submission to His will. There is a hadith, “Nothing can change the divine decree except dua”
(Ahmad), that is, supplication can change destiny, hence the emphasis on prayers. Allama Iqbal
said, “Raise your khudi, (nafs, or spiritual self), to such a height that God would ask before every
decree, “Say, what is your desire?”

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The conquest of Makkah


Nilofar Ahmed

IN 8 AH (630 CE), the Qureish of Makkah broke their pact of Hudaibya with Prophet
Muhammad (PBUH) by killing some of the men of the Khuza tribe, with whom the Prophet had
a treaty, inside the sacred surrounds of the Kaaba.

The Khuzas asked the Prophet for help. He said, “They have betrayed us and broken the pact!”
He at once prepared to leave for Makkah. On Muharram 10, AH 8, the Prophet set out, along
with his allied tribes, with his forces of 10,000 men: the largest force to set out of Madina so far.

While they camped outside Makkah, the Prophet asked the men to spread out and light a fire
each. The 10,000 fires became visible to the Makkans who were overawed. Abu Sufyan, the
leader of the Qureish, and some other men came running to the camp and met the Prophet. When
the call to prayer was sounded at dawn, Abu Sufyan, the Prophet‟s bitterest enemy, was so
moved that he sought the Prophet and recited the kalima: “There is no god but Allah, and
Muhammad is His Messenger!”

Thereafter, the Prophet sent a messenger to Makkah to announce that whoever entered Abu
Sufyan‟s house would be safe and whoever went behind his own door and bolted it would be
safe and whoever went into the Sacred Mosque would also be safe. Abu Sufyan rushed to
Makkah and said, “O Qureish, this is Muhammad (PBUH) who has come to you with a force you
cannot resist.” Thereafter, almost all the Makkans took refuge and no one tried to resist the entry
of Muslims into Makkah.

The Prophet gave strict orders not to start a fight and announced, “This is the day of mercy!” He
divided his troops into four divisions to enter the city from four different directions. Before
entering Makkah, while still seated on his camel, the Prophet bent low, prostrating in humility
and gratefulness to his Lord. When he heard of the skirmish between Khalid bin Walid‟s troops
and Ikrimah‟s men, he was angry and said, “Did I not forbid fighting?”

It was explained that the Qureish had attacked them first. Then the Prophet put on his armour and
along with his men, entered the Kaaba, touched the Hajr al-Aswad with his staff and recited
“Allahu Akbar”, which his followers repeated so that the whole of Makkah resounded with it.

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The Prophet made seven rounds of the Kaaba and then turned towards the 360 idols surrounding
the mosque. He pointed towards each and recited, “The truth has come and falsehood has
vanished. Surely, falsehood is bound to vanish!” (17:81). As he pointed to the idols, each one fell
on its face. Thus the Kaaba, which had been built first by Adam and then reconstructed by
Abraham for the worship of the One God, was finally cleansed of all man-made deities.

The door of the Kaaba was unlocked. The Prophet entered it and asked that pictures of false gods
be erased. Since there was no looting, no plunder and no mistreatment of women, the Makkans
were now convinced that the Prophet did not wish to avenge them. Those who had taken refuge
in their homes came out and joined those in the Sacred Mosque.

The Prophet, standing at the door of the Kaaba, addressed them: “There is no God but Allah
alone. He has no associate. He has made good His promise and helped his servant. He has put to
flight the confederates. Every claim of privilege or blood or property is abolished by me except
the custody of the temple and the watering of the pilgrims … O Qureish, God has taken from you
the haughtiness of the days of paganism and its veneration of ancestors. Man springs from Adam
and Adam springs from dust.”

He recited from the Quran, “We have created you from male and female and made you into
nations and tribes so that you may know one another. The most noble of you, in the sight of God,
is the most pious” (49:13). Then he asked, “O Qureish, what do you think that I am about to do
with you?” They replied, “Good. You are a noble and generous brother, son of a noble and
generous brother. It is thine to command.”

He then spoke to them words of forgiveness which, according to the revelation Joseph had
spoken to his brothers when they came to him in Egypt, “Verily, I say as my brother Joseph said,
„This day there shall be no upbraiding of you nor reproach. God forgiveth you, for He is most
Merciful of the merciful‟” (12: 92). He said, “Go your way for you are the freed ones!” Only
four persons were given the death penalty, which had nothing to do with this conquest.

A general amnesty was declared for his bitter enemies of two decades who had broken their pact
of Hudaibya and who had tried every trick to harm the Prophet and his followers. The Prophet
then took his place at the hill of Safa, and the Makkans, both men and women, flocked to him to
pay homage and to accept Islam. Through his treatment of the Qureish, the Prophet demonstrated
his faith in peace, non-violence, freedom, human rights and equality of all human beings. He also

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lived the verse of the Quran (16:126) in which it is said that retaliation is valid, but forgiveness is
more noble and worthy of reward.

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Women Rights in Islam

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Women’s dignity
Nilofar Ahmed

INSTANCES of violence against women have increased over the years. The apathy of
governments and the misogyny of the Islamic political parties have been hurdles in any effort at
reform. It is difficult to understand what the maulanas find „un-Islamic‟ in the Punjab Protection
of Women against Violence Act, 2016.

In order to follow the example of the Prophet (PBUH), we should see how he treated women. He
never lifted a finger at any of his wives or daughters throughout his life. He said: “The best of
you are those who are the best to their wives, and I am the best, amongst you, to my wives” (al-
Tirmidhi, 3895; Ibn Maajah, 1977).

On a man‟s complaint that his wife became violent with him, the Prophet advised him to bear his
wife‟s treatment with patience. The Prophet consulted Bibi Fatima regarding Hazrat Ali‟smarriage
proposal for her.

Did our so-called scholars ever think about the dignity of a woman?

Do the maulanas think that mistreating wives, torturing them physically and mentally, cutting off
their noses and ears, disfiguring them by throwing acid on their faces, kidnapping and raping
them and even killing girls if they express their preference in the choice of a husband, are all
Islamic acts? Do they not realise that these are criminal acts?

They should teach their followers that in Islam, a marriage is a social contract between a man
and a woman and not a holy sacrament. At the time of the nikah, the bride is asked if she is
willing to marry the groom, meaning that she has a choice in the matter. A forced marriage is
haram or forbidden, while divorce is halal or permissible.

If a woman does not want to live with a man, for any reason, that is her prerogative.

The problems a woman has to face when her own protectors become her worst enemies, the
issues of protection, rehabilitation and prevention of repeated negative behaviour by the
defendant are addressed by the act.

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It includes domestic, psychological and verbal violence, economic abuse, stalking and
cybercrimes as matters to be addressed. Many young women are harassed by men who are trying
to harm them because their proposal had been refused.

The act proposes to set up shelters and protection centres for victims and their dependent
children with modern tools: toll-free SOS phone lines, websites with the facility to receive
emails and post details online. They will be run by women protection officers, their qualified
staff and voluntary members from civil society. The defendant will be liable to imprisonment
and a fine if he does not follow court orders.

A women protection officer will be authorised to apply to the family court under the Criminal
Procedure Code, 1898 on behalf of the aggrieved woman. The centre will provide facilities for
rescue, medical examination, medical and psychological treatment, legal help and proper
investigation. In case the defendant fails to respond within seven days, the court will proceed to
pass any order under the act and will decide the case within 90 days.

The most daring thing in the bill is making the defendant wear the GPS tracker in order to keep a
tab on his movements. This has even been challenged in the Shariat Court as being un-Islamic
because, „it hurts the dignity of a man‟.

It would be relevant to ask those who have challenged the bill, whether the criminal who
commits all these heinous crimes appears to be a very „dignified‟ Muslim man in their eyes and
in the eyes of God? It is tragic that the so-called ulema are actually pleading to give the criminals
dignity, instead of being on the side of justice. Did they ever think about the dignity of a woman?

Sometimes, people quote from Surah Al Nisa (4:34) in the Quran, to suit their own purpose.
Here the word „qawwam‟ means „protector‟, „provider‟, and „supporter‟, but is traditionally
translated as „ruler‟ and „lord‟. The word „nushuz‟, which can be translated as „disloyalty‟, is
often translated as „disobedience‟.

It refers specifically to immoral behaviour on the part of the woman, as evident from the
Prophet‟s sermon at the farewell pilgrimage (Khutba hajjatul widah), and not to everyday
„disobedience‟.

Besides the fathers and husbands, ar-rijaal, or men as a whole, including the government, are
responsible as „protectors‟ and „supporters‟ of women.

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The Punjab Protection of Women against Violence Act, 2016, passed unanimously, has come as
a breath of fresh air. Once implemented without amendment, it will bring relief to women who
have no protection, no support and nowhere to go. It is a one-window operation so that the
woman is not buffeted from pillar to post in her struggle to lead a normal, peaceful life, with
dignity.

Women`s rights in Islam


Asghar Ali Engineer

THE question of women`s rights in Islam has become more pertinent in our time because literacy
and higher education have significantly increased among women, as have urbanisation and the
pressures exerted by it.

Women are no longer prepared to accept their position as `the second sex`, as the French
feminist Simone de Beauvoir put it in the last century. Women today are very conscious of their
rights and they rightfully demand gender parity in all fields.

Muslim women are far behind their counterparts in other world communities; they are more
subjugated to men`s will than women in other faith-traditions. Muslim women arguably suffer
more because of Sharia rules whose interpretation is projected as `divine` and `immutable` which
it is not. This illusion persists among Muslims (men and women) perhaps only because Sharia is
based on the Quran and hadith.

What few people realise is that Sharia, though based on the Quran and hadith, is in fact based on
the interpretation of the Quran (and hadith), and interpretation is human while the Quranic text is
divine. This human interpretation of the divine text has all along been done by men and hardly
by any women. Even when some women attempted it, the overwhelming authority has been that
of men. I meet many women educated in women`s madressahs today, who fully justify all such
interpreted Sharia rules and accept their secondary position in society.

This situation can be balanced perhaps if more women scholars interpreted the Quran. The Quran
indeed gives equal rights to women unambiguously (2228). Thus, when women interpret the
Quran from their perspective, they would benefit from the rights given to them by the Holy
Book. In some cases problems

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also arise because Quranic verses have been interpreted in the light of certain ahadith; ahadith
also need to be critically examined.

The science of hadith was developed by the muhaddessin (those who specialise in the science of
hadith), which entirely depends on the narrator. The authenticity of a hadith depends on the
character of narrator, not on his/her intellectual capacity or ideological position towards women.
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, it will be seen that riwayat (narration of text) is
held as more important than dirayat (i.e. intellectual criteria) by traditional theologians.

This is precisely why the Quran was perhaps so interpreted in a male-dominated and feudal
society to subject women to men`s overriding authority. The Quranic positions and unambiguous
formulations for equality of men and women were considerably diluted in such formulations.
One of the key values of the Quran, namely, adl (justice), became secondary when it came to
women`s rights.

Quranic verses on polygamy or nushuz (rebellion by women, 434) were so interpreted, especially
with the help of ahadith, that their real meaning and intent were lost and social ethos prevailed
over divine intent. Even the verses on talaq (divorce) were interpreted by some to justify triple
divorce in one sitting. Thus, the verses on polygamy and divorce were so interpreted to subject
women to men`s overriding authority.

There is a great need for women theologians in Islam who can read and interpret the Quran.
Some men like Maulavi Mumtaz Ali Khan, who was one of the colleagues of Sir Syed Ahmed
Khan, did excellent work in the 19th century to advocate gender equality, based on his
interpretation of Islam. His book Huququn Niswan is an excellent work published in early 1890s.
Another such theologian in the 20th century was Maulana Umar Ahmad Usmani, who was a
graduate from Darul Uloom (before he migrated to Pakistan), and a great advocate of gender
equality. He named his book - quite significantly - Fiqh al-Quran because his understanding of
the Quran is not based on hadith literature; he depends for his formulations only on the Quran.

Recently some women scholars were making efforts to understand the Quran from their own
perspective. Fatima Mernissi of Morocco and Amina Wudud and others have done excellent
work interpreting the Quran from independent scholarly perspectives. Also, from the US, one
scholar, Laleh Bakhtiar, has translated the Quran into English from a feminist perspective. She

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calls it `inclusive` as against others` `exclusive` translations. But all this is not sufficient though
quite important. More and more women theologians should come forward and interpret the
Quran. It is not easy to challenge the corpus of literature on the Quran for the last 1,300-1,400
years. This is necessary to restore to women the rights they lost to men under a feudal social
ethos.

Advocating women`s rights


IT is generally thought that the movement for women's rights began with western-educated
people in the 19th century. But very few people know about Maulvi Mumtaz Ali Khan, a
traditional scholar and a product of Darul Ulum Deoband, who was a very enthusiastic supporter
of gender equality.

There are two things to be noted here one, that maulvi sahib was a traditional alim and was not
under the influence of western thought, and two, that he advocated gender equality purely on the
basis of Islamic traditional sources, i.e. the Quran and hadith. He was an enthusiastic supporter
of women's rights, and a contemporary of Sir Syed Ahmed Khan. The latter had a lot of trouble
on his hands because of his campaign for a modern educational institution for Muslims of
northern India.

Sir Syed faced stiff resistance from orthodox ulema, and did not want more trouble. He advised
Mumtaz Ali Khan, one of his supporters, not to publish his book Huqooqun Niswan, the
manuscript of which he had shown to Sir Syed. However, maulvi sahib was very enthusiastic
about women's rights, and wanted to educate Muslim men and women; he went ahead with the
publication.

Huqooqun Niswan, I dare say without any exaggeration, is like a charter of rights for Muslim
women. Mumtaz Ali Khan substantiates from the Quran through his interpretations of relevant
Quranic verses that men and women have equal rights and that men have no authority over
women, as believed by Muslim men. This book, because of its advocacy of women's rights, soon
went into oblivion and was not available.

I obtained a copy from a US library and republished it. It must be read by all Muslim women to
be duly armed with Quranic arguments to fight their case for gender equality. Maulvi Mumtaz
was married to a woman who was not educated; he not only educated her but also made her the

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editor of a women's magazine, which became quite popular in those days. The magazine, besides
educating women about their rights, also made women aware of contemporary socio-cultural
issues.

Based on his interpretation of Quranic verses, maulvi sahib's arguments were quite ingenious. He
took note of all traditional arguments by which men asserted their superiority over women. He
called such superiority as 'mardon ki jhuti fazilat' (false superiority of men). For example, men
usually argued that if women were equal to men why did Allah not grace a woman with
prophethood (nubuwwat). Mumtaz Ali Khan gives an ingenious reply to this argument.

He says that according to a tradition there have been 124,000 prophets and we know the names
of only about a dozen. How can we then say that there were no women prophets at all unless we
know all the names? Similarly, his reply to the argument as to why women should bear half the
witness of a man if they are equal to men, was this the Quran does not say that women are half a
witness but only recommends that in financial transaction one have two women and one man if
two men are not available. This, according to Mumtaz Ali, is a privilege for women rather than a
stigma, as two women have been recommended because often women have certain issues like
menstruation or pregnancy, and they cannot go to court to bear witness. Such privilege is not
available to men. Thus, according to maulvi sahib, it is a privilege, not a stigma for women.

He also refutes the argument that Allah first created Adam and then Eve and hence Adam has
superiority over Eve. Mumtaz Ali Khan refutes the argument by saying that these are stories
taken by commentators of the Quran from Christian and Jewish sources; the Quran itself does
not say Adam was created first and then Eve for his comfort and company. From the Quran one
cannot prove who was created first and who was created next.

Similarly, the argument about the permissibility of four simultaneous marriages is also
effectively refuted, as he says that there is no clarity in the verse (43) as to whether it allows four
wives simultaneously, or one after the other or divorcing one and marrying a second, and so on.
According to him, having four wives simultaneously is not the intention of the Quran for which
he gives elaborate arguments.

In any case it is a most interesting book with alternative interpretations of Quranic verses as far
as women's rights are concerned. One can say that it is the first feminist interpretation of the
Quran in the subcontinent, as early as in the 19th century.

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Quran, hadith & women


Asghar Ali Engineer

THE Quran indeed had ushered in a revolution as far as women's rights were concerned. Women
hardly enjoyed any rights before Islam in marriage, divorce or inheritance. They were left totally
dependent on father, husband or brother and had no individual identity.

The Quran straight away gave them distinct individual, legal personalities. At the time women
did not enjoy such status anywhere in the world. In fact even philosophers like Aristotle thought
women and animals had no soul. However, this revolutionary approach to women's distinct
individuality was hardly acceptable to Arab society.

Arabs were, by and large, a patriarchal society and wanted to keep women under their thumb.
But after Islam became a national religion for Arabs they could not easily deny what the Quran
gave to women. Thus many found a via media of hadith and thousands of traditions were falsely
attributed to the Prophet of Islam (PBUH) that were quite derogatory to women and sought to
take away from them what the Quran had given them.

Women, by the time the Umayyads took political power, had again lost their equality given by
the Quran, and after Islam spread to Iran and parts of the old Roman empire influences of feudal
culture overpowered the thinking of Islamic jurists and that further eroded women's status.
Women were again confined to the home. It became their duty to obey their husbands and not to
go out without permission.

According to one hadith the Prophet said that if sajda (postulation) were permissible to man he
would have ordered the wives to postulate before their husbands. Such ahadith are widely
publicised to subjugate women to their husbands. On the basis of some ahadith of doubtful origin
women were even denied the right to enter mosques at times. While a woman was given
unequivocal right by the Quran to enter into marriage of her own free will, and without her
consent no marriage could be valid, many traditional jurists held that even her silence amounted
to her consent. They said that if she cried it should be taken as her consent because she was
crying at being separated from her parents.

Thus we see that a conservative patriarchal society left its deep imprint on the minds of
traditional Islamic jurists. What is more unfortunate is that the ulema subsequently developed the

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doctrine of taqlid (blind imitation), and nearly forbade ijtihad or fresh thinking about what was
formulated in terms of jurisprudence more than 1,200 years ago. Not only this, the ulema also
did not allow women to follow the provisions of a religious school other than her own if that
benefited them.

Thus, women following the Hanafi school could not benefit from any provision in the Maliki
school even if it was beneficial to them. The four schools in Sunnism i.e. the Hanafi, the Shafii,
the Maliki and the Hanbali, were products of human thinking and the interpretation of Quranic
pronouncements. Hence, they, by no stretch of the imagination, could be held as 'divine' or
immutable; yet these schools of interpretation of Islam acquired an almost divine status. Lay
Muslims came to believe that the laws framed by the respective founder-jurists of these schools
of religious thought were immutable.

No one can say that we should reject the entire corpus of ahadith, but it must be said that we
must rigorously screen all ahadith, including those from Sihah Sitta i.e. the six authentic
collections, and re-evaluate those which contradict Quranic pronouncements. In other words the
Quran must have precedence over hadith, which is an accepted rule while interpreting the Sharia.
Given our challenges today, modern-day Muslim scholars will have to develop a new science
regarding the principles of jurisprudence.

For this we will first have to define the basic principles culled from the Quran which must be
applied for framing any law pertaining to marriage, divorce, inheritance, custody of children,
etc., to safeguard women's rights given to them by Allah. The doctrine of justice is very
fundamental to the Quran. No law which contradicts this doctrine can be admissible. The Quran
itself has applied this doctrine, say, in the case of polygamy very rigorously, and declares that if
you fear you cannot do justice, then take only one wife.

Unfortunately most of our jurists ignored this qualification for the permissibility of four wives,
and that number became more fundamental than justice. They also ignored that verse 43 was
revealed to do justice to widows and orphans and to protect their properties. It can be argued that
the injunction applied only to widows and orphans to ensure protection of their properties.

Our jurists even incorporated many pre-Islamic customary practices (aadat), and they too became
part of Islamic law. Thus triple divorce in one sitting which was strictly banned by the Prophet
also became part of the Sharia, and today thousands of women in India are victims of this

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arbitrary law. The Quranic right of khula which, according to one non-controversial hadith, the
Prophet declared as the woman's absolute right, was subjected to the husband's prior consent.
Now husbands leverage this 'right' to give conditional consent to divorce or to deny it to their
wives.

Such examples in the existing Sharia laws underscore the need to restore Quranic rights to our
women, and to reclaim the individual personality and the dignity accorded to women by Islam.

Women`s share in property


I AM often asked as to why Muslim daughters get half that of the sons' share in their father's
inheritance. Is it not injustice? We say men and women have equal rights in Islam but if a
woman gets half that of her brother in inheritance, how can we justify their equality?

Today many women feel that it is injustice with them, and that they should get an equal portion
in their father's property. Traditionally this objection has been dealt with in various ways.

Firstly, there was no share in inheritance for daughters and Islam created it. Secondly, women
were not earning and contributing to the family wealth and, thirdly, a woman goes to her
husband's place and gets a share in her husband's property. Also, her husband gives her mehr at
the time of marriage besides being obliged to maintain her. So it is not injustice even if she gets
half the share in her father's property.

In the encyclopedic work Ikhwanus Safa there is a debate on this issue. The master tells his
disciples that Islam has given twice to weaker sections. The disciples ask whether women are
among the weaker sections. The master says, yes. The disciples ask why the women are given
only one-half in their fathers' property instead of twice as much as the sons are given. The master
says they have not understood the Quranic logic of giving half to daughters. In fact the Quran has
given the daughters twice that of sons.

Bewildered the disciples ask how half can be twice? The master then explains if the father leaves
behind 1,000 dirhams, the son will get 500 and the daughter 250. When the son marries, he will
give away 250 dirhams by way of mehr and will be left with only 250. But when the daughter
marries she will get 250 by way of mehr and will have 250 plus 250, i.e. 500 dirhams, while her

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brother is left with only 250 dirhams after giving mehr. Thus who gets twice the father's share,
the son or the daughter? Obviously, the daughter.

But this explanation assumes certain things which may not be true in practical life. Firstly, a
daughter may not always get a substantial mehr. At times she gets just a nominal mehr.
Secondly, these days both working-class women and middle-class women contribute to the
family wealth so a woman is entitled to a larger share. In those days women generally did not
work (though in some cases they did).

Thirdly, in many cases a woman may not get married and have no mehr so after her parents'
death she would have to maintain herself. In such a case, the cited Ikhwanus Safa explanation
will also not work. But various schools of Muslim law insist that a daughter cannot get more than
half that a son gets. But the Quran certainly is not insensitive and leaves space for justice.

The Quranic verses on inheritance end with the proviso that after paying “a bequest you may
have bequeathed or a debt” (411-12) — and the Quran has repeated this four times — the
remaining will go to the inheritors as laid down in the Quran. Thus, the person who leaves
behind his property has every right to make a will in favour of anyone he likes.

The jurists have argued that these verses were annulled after the verses on inheritance were
revealed. Here we do not have space to argue that it is not so. Those who are interested in this
discussion may see books of jurisprudence and differences between jurists on this question.
However, one finds a very interesting discussion on this in Maulana Umar Ahmad Usmani's
book Fiqh al-Quran, Volume 7, (Karachi, 1986).

The Quranic injunction for will stands and the father has every right to will extra in favour of his
daughter who cannot or does not want to marry so that she can carry on comfortably after her
father's death. Or in some cases a daughter may be physically challenged and may not get
married and hence she cannot be looked after properly after her parents' death. Also, these days,
many women from the middle class work and contribute to family wealth; hence they may be
given equal share in their fathers' property.

The Quran has created a share for women when it did not exist among Arabs in the pre-Islamic
period. The Quran gave them equal rights in all spheres, so it will be in keeping with the canons

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of justice if more is given to them, especially by way of will (wasiyyah) by the fathers to
safeguard their future.

Women and faith


Asghar Ali Engineer

LAST year, I had gone to Afghanistan for a series of lectures on women‟s rights. I also spoke on
this subject in a gathering of distinguished ulema and one of the issues which came up for
discussion was about women being naqisat al-'aql (short of reason) and naqisat al-iman (short of
faith).

I asked if these definitions were in the Quran, as I did not find them anywhere in the holy book.
When I asked if they were in the hadith, the answer was yes. However, I pointed out that any
hadith which goes against the Quran cannot be accepted as authentic.

All the ulema agree that the Quran gives equal rights to men and women and both enjoy equal
dignity. Then how can a woman be short of reason and faith? An alim who was insisting on
women‟s shortcomings was unable to reply and instead murmured and sat down.

Recently I was going through a book written by Maulvi Nazir Ahmed, a great scholar of Islam
with somewhat liberal views, where he discusses the story of the creation of Adam (AS) and his
being expelled from paradise for eating the forbidden fruit.

Maulvi Nazir Ahmed mentions that though Satan could not mislead Adam as he was firm in his
resolve not to eat the forbidden fruit, he succeeded in misleading Hawwa (Eve) as she was short
of reason and she persuaded Adam; both ate and were expelled from paradise.

It is highly surprising that a scholar of the stature of the Maulvi did not bother to consult the
Quran, which nowhere says that Satan succeeded in misleading Hawwa. The Quran directly
blames Adam for being misled and thrown out of paradise.

In Ayah 121 of Surah Ta Ha it is said “And Adam disobeyed his Lord and went astray.” Here
Adam is directly being blamed for allowing himself to be misled and going astray, while Hawwa
is not mentioned.

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Despite this, Maulvi Nazir Ahmed and most of our ulema blame Hawwa for yielding to
temptation and persuading Adam to eat the fruit of the tree. The evidence of the Quran is totally
ignored and the ulema rely on hadith. Why did it turn out this way?

The reason lies in our anti-women attitude and thinking in general, which dictates that women
are inferior to men and that men are the rulers. Where does this attitude come from? Naturally
from the patriarchal values which are prevalent in society.

We would continue to think this way and quote prominent ulema without understanding that our
ulema were products of certain periods and were prisoners of their time. In other words, we have
to adopt a socio-cultural approach to religion. What we call Islam is not merely based on the
Quran and Sunnah but also our social and cultural values. The social structure of that time was
not only patriarchal but the prevalent patriarchal values also deeply penetrated our understanding
of the Quran and our theology, though we consider our theology divine.

Women in the past feudal and patriarchal structure of society were subjected to severe
restrictions including the denial of any public role. The segregation of women from men also
became part of our treatment of women. During the Prophet‟s (peace be upon him) time women
played active roles, took part in various public debates and even accompanied the Prophet to the
battlefield.

However, all this changed once Islam entered the era of monarchy and a feudal culture became
the ruling culture. The monarchs maintained large harems and made women their prisoners to be
guarded by eunuchs. It was in this environment that women lost the rights that they had been
given in the Quran and Sunnah. Men were now projected as their superiors, totally ignoring what
the Quran had to say.

The Quran gave equal rights to women in every respect (see verses 33:35 and 2:228). The holy
book did not use words such as husband and wife but used zawj or zawja instead (zawj or zawja
means one of the couple). Thus the husband and wife are referred to as zawj and our ulema, later
on — under the influence of the feudal and patriarchal culture — began to quote a hadith that
had prostration (sajda) been allowed for man, I (the Prophet, peace be upon him) would have
ordered the wife to prostrate before her husband.

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The Quran also avoided using the word ba'al as in Arabic it signified a deity. The Quran uses the
word ba'al only three times and that too for narrating stories of the past; otherwise, it uses the
word zawj for „husband‟. The use of the word ba'al was avoided lest it be misinterpreted. The
husband in Islam is no more than one half of the couple, signifying the equality of both husband
and wife. Yet our ulema privilege the husband over the wife.

Since women were confined to their homes and their role reduced to that of a housewife, they
lacked experience of the outside world, while parents thought that a person destined to be a
housewife did not need any higher education. The woman thus usually remained illiterate and
could acquire no experience of public life outside the home and hence came to be described as
naqisul 'aql (short of reason).

Today, conditions have changed drastically; women are working in every field of life and have
become great achievers. In fact, they have proved themselves to be superior to men in several
fields. To describe them as naqisul 'aql is to display one‟s own self as being short of reason.

Gender justice in Islam


Asghar Ali Engineer

If someone asks me which is the most gender-just religion in the world, I would unhesitatingly
say `Islam`. However, Muslims are seen today as most unjust towards their women, particularly
their wives and daughters.

Recently I was shocked to read in the press that in Balochistan parents buried their daughters
alive after shooting them and Senator Israrullah Zehri from that province justified it. Nothing
could be more unfortunate.

The Qur`an which all Muslims believe to be the divine word strongly condemns the pre-Islamic
practice of burying the girl child alive. On the Day of Judgement the Qur`an says the perpetrator
would be asked “For what sin was she killed?” (819). And this is still going on in the 21st
century in a country which calls itself an Islamic republic. What could be more shocking?

The Qur`an is the first divinely revealed Book which accords not only equal dignity but also
equal rights to women in the most unambiguous way. It declares in the second chapter (Surah
Baqarah), verse 228 “And women have rights similar to those against them in a just manner.” All

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commentators agree that this is declaration of equality of rights for men and women. Maulana
Abul Kalam Azad in his commentary on this verse in his Tarjauman al-Qur`an says that (this
verse) is a clear declaration of equality of sexes more than 1,300 years ago.Apparently the reason
for killing those girls in Balochistan was that they intended to marry men of their choice.

It is well known that in Islam marriage is a contract and no nikah can be valid without specific
consent of the woman. The Qur`an itself describes marriage as mithaqan ghalizan i.e. strong
covenant. A contract cannot be unilateral. Both parties have to agree to it. Thus in Islam for a
nikah to be valid two adults have to bear witness that such and such woman has agreed to marry
so and so.

Not only that, the woman has every right to stipulate conditions under which she wants to marry
and if the man does not agree to these conditions, marriage cannot be valid. Also, according to
the Hanafi school to which a large number of Muslims adhere, a woman can also insist on what
is called tafwid-i-talaq i.e. delegation of the right to her to divorce her husband on his behalf. Has
this any parallel in any religious law in the world?

Also, since marriage is a contract, if a woman is married off in childhood by her wali she has the
right to reject the marriage on achieving puberty. It is called in Shari`ah terms khyar al-bulugh
i.e. option at puberty. Thus for a girl child if she is married off during her childhood she has the
option to accept it or reject the match on achieving adulthood.

Thus in Islam the right of a woman to marry a man of her own choice is quite absolute, given by
God, and not even her father can take it away from her. There is no way she can be married off
without her specific consent in most unambiguous words. No school of Shari`ah law allows a
man to marry a woman without her consent. This rule is firm like a rock.

Also, if man has hidden certain facts from his bride at the time of nikah (i.e. that he is impotent
or HIV-positive, for instance), she is entitled to dissolution of her marriage as a matter of right.
However, if a man discloses such facts before contracting nikah and she marries him knowing
fully well, she will not be entitled to dissolution of marriage on those particular grounds.

Islam has also given the woman the right to liberate herself from a marital bond (khula`) and this
right of hers is also absolute. I had read a few years ago that a woman from the Frontier province
was murdered by her parents because she wanted divorce from her husband. Samia Sarwar was

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murdered in her lawyer`s office. There was little public uproar among Muslims, which was
equally shocking.

The Holy Prophet (PBUH) allowed a woman called Jamila to obtain khula` from her husband
though he loved her and gave her a maintenance allowance as per her wishes. But because she
did not like him, she said to the Prophet (PBUH), `I am afraid if I remain with him I may not be
able to observe Allah`s hudood`. What an empowerment of women by Islam!

In this day and age, our patriarchal society, fiercely dominated by men of tribal/feudal values and
customs, has deprived woman of all her Islamic rights. Horror of horrors, the flawed value
system should even allow men to kill women in the name of family honour. Killing is the most
un-Islamic practice, requiring that the killer be stringently punished. We must follow Islam, not
tribal practices.

Gender relations
Amin Valliani

MAN and woman are the two wheels of human civilisation. They both spring from the same root
and draw their life support from the same source.

One cannot survive without the other; the welfare of one is the welfare of the other. Their mutual
indispensability requires reciprocal feelings and sentiments for each other.

In fact, nature has devised a system in which their role is closely interlinked in the social set-up
of society. They support each other in procreation, sustainability and in the development of
future generations. Thus, their interplay is crucial to the whole scheme of nature.

However, in most societies, the woman is considered to be weaker and a victim of social
injustice, perhaps more so in Muslim societies. Some prejudiced forces erroneously link the
unequal status of women in Muslim countries to Islamic teachings.

But Islam accords due importance, dignity, respect and honour to women. Even during its early
years it remained supportive of elevating women‟s social status and challenged many spurious
and anti-women traditions of pre-Islamic Arab society.

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The Holy Quran often abhors the disgusting attitude of the Arab tribes, especially towards
women. For example, in Surah 16, verses 58-59 it is mentioned that when a female baby is born
and the news is received by the [father], his face turns dark and the heart is filled with inward
grief; he hides himself from society and being sad, thinks continuously of evilness. He ponders
whether he should keep the baby girl alive with disgrace or bury her in the earth. The Quran
equates the latter decision with evilness.

The Holy Prophet (PBUH) worked hard to change their mindset, transform society and raise the
status of women in society. He got a little over 22 years for his mission to reform Arab society
— a society which was deep in the ocean of ignorance. He transformed the highly male-
dominated patriarchal society into a humane one where men and women worked together.

They were made equal partners and women in particular were given rights to own property.
Besides, they were given a share in inheritance from the father‟s property, a choice to refuse
marriage against their will, and a right to demand dower and maintenance allowance from the
husband etc. These were the revolutionary changes introduced by the Prophet in seventh-century
Arab society.

The reason for victimisation of women in most societies, including Pakistan, is machismo.
Frequent mistreatment of women in certain areas of the country through outdated cultural
practices like swara, vani, watta satta and „marriage‟ with the Quran, etc is causing much harm to
Pakistan.

In some areas of Pakistan, women are not allowed to cast their vote, while their economic
activities are not counted in the national index. They are barred from getting an education and in
the matter of marriage, they are forced to accept what is offered rather than to choose. In some
areas, they are considered a saleable commodity and our media very frequently reports crimes
against women in society.

The Quran makes it clear that both the male and female are created from a single soul (4:1) and
declares them equal as far as their spiritual obligations are concerned. They are equally
accountable in the hereafter for whatever they do in their material existence, but there is a
promise of a good life for doing good deeds (16:97).

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They have been equally awarded the spiritual and intellectual potential to develop. However,
biologically they have a different make-up with different functions. In society, they are to fulfil
their respective roles and responsibilities.

Islam is a natural religion and encourages us to think of nature and its systems. Every individual
(male and female) is indebted to a woman for his or her existence in the material world. It is the
woman who conceives, holds and embraces every child and nurses him or her immediately after
birth. Almost every child grows under the supervision of a woman who also provides company
through thick and thin.

Keeping in view a woman‟s crucial role in the building of future society, it is absolutely
necessary that the nation must give priority to female health and education and elevate the social
status of women. If a woman is healthy, then society will be healthy and the nation will reap the
benefits of her good health. Similarly, if a woman is educated, the whole nation will
subsequently benefit from her education.

In order to improve and elevate the status of women in our society, it is necessary that school
curricula must be updated. All material believed to promote gender discrimination should be
replaced with chapters about creating harmony between males and females.

Polygamy and the Quran


Nilofar Ahmed

IF polygamy were something to be encouraged and supported in God's scheme of things the ratio
of men to women throughout history would not have relatively remained the same.

The Arabic word for spouse in the Quran is zawj, meaning one of a pair. This word is applied
even to a pair of shoes or socks. A husband is the zawj of the wife and the wife is the zawj of the
husband. As a rule, and like in all pairs, husband and wife are supposed to be one each in
number. It is only in exceptional situations that this rule is allowed to be broken.

In his book Fiqh-ul-Quran, Maulana Umar Ahmed Usmani says that in Surah Al Nisa it is stated
that God created mankind from one nafs and created its mate from it and then produced from
them an unlimited number of men and women (41). Even at the time when there was a need to
multiply in order to populate the earth, only one man and one woman were created. He also says

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that the verses about polygamy were revealed in connection with an increase in the number of
women because of battles which left many widows and female orphans behind.

We will have to look at the verse in the Quran which is said to sanction polygamy. Surah Al
Nisa, verse 3, was revealed after the battle of Uhud in which 70 out of a total 700 men were
martyred. The problem of widows and orphans, especially orphaned young women, reached an
alarming proportion.

The traditional translation and interpretation of this verse is “If you feel you cannot be just to
orphan [girls], then marry [other] women of your choice, two, or three, or four. But if you fear
you cannot treat them with equity, then marry only one” (43). Maulana Usmani thinks there is no
indication of 'other women' in the original. These verses were also revealed to limit the
maximum number of wives to four. According to some, this verse can be said to limit the
number of wives to one.

Later, in the same Surah mention is made of 'yatama an-nisa' or orphaned women“Whatever is
recited to you in the Book about orphaned women, whom you do not give their rightful dues yet
desire to marry, and about young children, that you should remain steadfast in the matter of
yatama” (4127). The word yatama is also applicable to widows, or those women who do not
have a supporter or a guardian.

According to the Arabic-English Lexicon, amatun means, “she became bereft of her husband by
his death ... and remained without marrying.” Imam Abubakr Razi says that the word yateem is
sometimes used for the child who is left fatherless and sometimes for the woman who, either
because of her husband's death or due to being divorced, is left single. Even aged women who
have lost their husbands are called yateema.

According to Maulana Usmani, in the light of the above definition of yateema, if we go back to
look at verse 3 of Surah Al Nisa, we understand it means that if you cannot be just to the
yateema in your charge, then marry the yateema not in your charge, up to four.The use of al nisa
makes 'the women' definite, that is 'those already mentioned.' Usmani also thinks that this
permission of polygamy is conditional upon social conditions, such as providing homes to the
yateema.

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The Prophet's (PBUH) wife Ayesha related that before these revelations, the guardians would be
attracted to female orphans who were rich and beautiful. They would want to marry them for the
least possible mehr. The Quran forbade them from marrying such girls since they did not plan to
be just to them. When we look at the example of the Prophet (PBUH) we find that except for
Hazrat Ayesha, all of his wives were yateema, or women who had lost their husbands.

In the case of taking more than one wife, the conditions of equal treatment are stated clearly
“You do not possess the power to treat your wives equally, even if you try. So do not become
totally absorbed in one, leaving the other suspended” (4129). Concern is shown at every step for
women so that the conditional concession of polygamy might not be misused against them.

From the above verses it can be concluded that monogamy remains the ideal while polygamy is
discouraged and is only a special concession in a stressful situation, especially to provide
security to the yateema the orphans, divorcees and the widows.

The importance of ‘mehr’


Nilofar Ahmed

MARRIAGE in Islam is a legal contract between two parties and not a holy sacrament. Many
terms and conditions in the marriage contract are obligatory, while others can be set and agreed
to at the time of marriage.

The gift or dower given as a mark of respect to the wife at the time of marriage by the husband is
obligatory and is referred to as mehr. It is the legal right of the wife. It can be in cash or kind.
The amount is variable and should be agreed to by both parties.

One of the words used in the Quran for this purpose is sadaqah (4:4), meaning the gift that is
given in good faith and as a good deed, out of generosity, without meaning to aggrandise oneself.
The other word used in the Quran is ajr (33:50). This word means a reward and is also used to
denote wages. It is given as a gift to the woman who is going to leave her family and the security
of her home, and is risking adjustment in a new and unknown set-up.

No one is exempt from paying the mehr. Even the Prophet (PBUH) has been told, “O Prophet,
We have made permissible for you the wives whose dower you have paid….” (33:50). When
Hazrat Ali came to the Prophet to ask for the hand of Bibi Fatima, the first thing the Prophet

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asked him was, “Do you have anything to give as mehr?” He said he had a horse and a saddle.
He sold his saddle for 480 dirhams and brought it to the Prophet. The immediate needs of the
bride and the new household were met with this amount. The concept of jahez, or giving endless
amounts of household goods and gifts by the bride‟s family, does not exist in Islam.

In some countries this legal requirement has been made a mockery of, either by fixing an
unrealistically large amount and then not paying it, or fixing a ridiculously small amount, which
there is no need to pay. The widow is sometimes asked to forgive her husband at his deathbed.
The mehr remains a debt on the husband throughout his life and after his death the heirs inherit
this debt and are bound to pay it.

The mehr is the sole property of the wife and neither parents nor any other relatives have any
right over it. Sometimes male relatives illegally take away the mehr without the woman setting
eyes on it, making it look like a sale.

Depending on the mode of payment, there are two kinds of mehr: the mu‟ajjal, or prompt, and
the muwajjal, or deferred. The deferred payment is allowed in the case of those who might be
expecting remittances at a later date. But delaying the payment unnecessarily is not being true to
the contract. Some people, in trying to be pious, say that they are willing to fix the mehr of their
daughters at the rate of the sharai mehr, which some elders have worked out to be the
unbelievable amount of Rs32.25! It is difficult to say where they got this figure from.

The Sharia, or Islamic law, has not fixed or even recommended any amount which could be
called the sharai mehr. If inflation over the centuries could be calculated, the purchasing power
of this amount would be found to have been reduced several thousand times. There is the well-
known case of an old Sahabiah who questioned Hazrat Umar in the mosque when he suggested
putting a ceiling on the upper limit of mehr.

According to some scholars, even if the mehr is not mentioned in the nikahnama, the mehr would
still be an obligation and the law will award it on the demand of the wife. The amount, in this
case, would be determined by the mehr of the females of her class or of her father‟s family,
known as mehr misl, or the financial position of the groom, the social status of the bride, the
prevalent custom of the time and place and the agreement that the bride and the groom can reach
over the amount. There is no upper limit on the amount of the mehr, but the amount should be a

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realistic one. It can be from a “heap of gold” to anything that the parties agree to and is non-
refundable.

In Surah al-Nisa, it is said, “Give to the women their agreed dowers [willingly]….” (4:4) and,
“…as an obligation….” (4:24). According to Imam Malik, if the parties agreed that there would
be no mehr then the nikah would not be valid. But according to Imams Abu Hanifa, Shafi‟i and
Ahmed the nikah would be valid, but the mehr would still remain an obligation.

It is an obligation even in the case of the women of the “…People of the Book….” (5:5).
According to Maulana Umar Ahmed Usmani, the labour of the groom cannot be accepted as
mehr, because the mehr has to be an amount paid to the bride.

These days, marriages are being conducted with great pomp and show in which a great deal of
wealth is squandered. If, instead of spending so much on unnecessary items, top priority is given
to the payment of mehr, it would mean fulfilling a religious obligation. It would also be more in
line with the Quranic injunctions and the example of the Prophet, and could provide some
security to the bride, especially if she can invest the amount profitably.

Dowry is not Islamic


DESPITE the Prophet's (PBUH) efforts to elevate women to the point where they, like men,
acquired legal and social rights, in South Asia the birth of a daughter remains something to
mourn or, at best, to tolerate with perseverance.

Among other reasons for the low value given to daughters is the feeling that she will not be able
to contribute anything to the family, and will only put a burden on finances because of the age-
old custom of dowry, which will be given to her at the time of her marriage.

The giving of dowry is often equated with a religious ritual, some even attributing it to the
Sunnah. In the books of the fiqh, where such detail is found about other matters, there is no
mention of any such concept regarding a bride. The Arabic word 'tajheez', means to prepare
someone for a journey, etc. The goods prepared are called 'jahazun'. From this the Urdu word
'jahez' has been coined.

In cultures where the daughter did not have the right to inherit property, she was given
something at the time of her marriage as compensation. In India, the tradition of kanniya daan

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existed in which they tried to make up a little for the fact that the girl was not going to inherit
any property. Also, because of the daughter's weak legal position, the bride's family gave
expensive gifts to the groom's family but received nothing in return. In some cases, the custom of
demanding jahez developed with extreme cases demanding expensive items at the time of the
wedding or threatening to call the ceremony off.

Muslims in India, most of them being converts, retained the tradition and gave it the Arabised
name 'jahez'. People try to outdo one another in givingdowry to their daughters, so much so that
the custom has taken root of displaying the goods for public viewing. It is considered a good
deed to help in the procurement of jahez for poor girls, who would not be able to get married
otherwise.

It has also become a compulsion for the girls' families to spendbeyond their means on wedding
expenses, so that a father who has several daughters is constantly in debt and the family leads a
miserable life because of it. Sometimes, a family has to dispose of valuable property simply to
take care of the wedding expenses.

In the case of the example of the Prophet's daughter, Fatima, we learn that Ali came to the
Prophet and expressed his wish to marry her. The Prophet asked him if he possessed anything to
offer as mehr. He replied that he had a horse and a saddle. The Prophet advised him to keep the
horse and to sell the saddle. So he went and sold the saddle for 480 dirhams to Usman and put all
the money in front of the Prophet. The Prophet prayed for the well-being of Usman for paying a
good price and at the same time gifting the saddle back to Ali. The Prophet then sent for some
perfumes and gave the rest of the money for wedding preparations.

The necessary items of daily use found on record to have been prepared for this wedding were a
cot or woven bed, two pillows made of leather, two striped bed sheets, one quilt, two amulets,
one goat-skin for carrying water, two pots for water, one hand-grinding mill, one cup and one
prayer mat.

Whatever the list of items, it is confirmed without any shadow of doubt that these items were
selected and prepared by the Prophet's family, but the cost was borne by the groom. Ayesha,
along with other women, cleaned the house in which Fatima was to move in; they prepared the
floor by layering it with fresh clay, made the bedding, filled the pillows with a special grass and
made wooden hangers for clothes.

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The Prophet (PBUH) is reported to have said that the best nikah is one in which the least amount
has been spent. Those who can afford to give jahez should be the ones to oppose it and explain to
the family of the groom that jahez is not an Islamic tradition. If, in every wedding, the families
tried to do a little less than what their friends and relatives did, these wasteful customs could be
contained to eventually die out.

Honour killing and Islam


Nilofar Ahmed

THE feudal structure of our society follows its own barbaric rules in order to perpetrate the
inhuman and unjust system for the benefit of the few at the top rung of the hierarchical ladder.
No matter which name they go by, the number of atrocities committed in the name of honour run
into hundreds every year.

The despicable custom has filtered down to all the social classes, urban and rural. The heinous
crime is committed in the name of honour to cover up property disputes, to avenge an old and
festering enmity; or, if a woman asks for divorce from an abusing husband; or, to defend a
murderer who has killed a man and tries to cover it up by killing an innocent woman, accusing
the victims of being karo kari, and like cases. The term implies adultery, an extra-marital affair
or sex outside of marriage, or obscenity, especially in the case of minors.

A double murder is also committed if a man and a woman decide to marry of their own choice.
In many cases the woman victim might be the murderer's sister, ex-wife or some other relative.
Since the murderer also pretends to be the aggrieved party, he can twist the case in his own
favour by pleading that his honour was soiled, and that he had no other recourse but to kill the
offender! He often manages to get off with a light sentence, if any at all. Close relatives of the
slain are also known to forgive the killer.

If, today, a husband finds his wife committing adultery with a man, it is considered acceptable in
many Muslim countries for the husband to kill both the partners in the act, and most certainly the
wife. But the Quran has a completely different story to tell. In li'an,the procedure adopted when a
husband accuses his wife of adultery, but cannot produce four witnesses, he is supposed to go to
the authorities and has to swear four times that what he is saying is the truth. SurahAl-Nur says
“Those who accuse their wives of adultery and cannot produce four witnesses, except for

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themselves, they should swear an oath by God four times that they are telling the truth. And
swear a fifth oath invoking the curse of God if he is telling a lie. The punishment can be removed
from the wife if she swears an oath four times by God that the husband is lying. And a fifth oath
that the curse of God should be upon her if he, (the husband), is telling the truth.” (24 6-9).

If she confesses or remains silent, she will be given the punishment fixed for adultery. If she
chooses to swear that she is innocent, her word will be upheld against that of the husband, and
they can undergo a divorce.

Based on the sayings of the Prophet (PBUH), the child born thereafter will be called the child of
the mother, and will not in any way be connected with the father. If after this anyone calls the
woman an adulterer, or the child an illegitimate issue, that person can be given the punishment of
80 stripes due to a slanderer, who will never be treated as a reliable witness again (see 24 4).
Unless a person can produce four witnesses, he should not bring up such a charge in the first
place. Traditionally, the woman killed for karo kari is not given a proper burial, nor is she buried
in the community graveyard. No one is supposed to visit the grave even later. Here it would
benefit us to look at a hadith of the Prophet. Once a woman confessed to having committed
adultery. The Prophet sent her back four times trying to avert the punishment, but she was
persistent. At last she was given the punishment. After that the Prophet asked that her funeral
prayer be said and she be buried in the same manner in which any other Muslim is buried.

The problem will persist until concrete steps are taken to eliminate honour killing. It is
imperative that we include, train and re-orient the police and the religious leaders such as the
pesh imams and the qaris in the scheme for reform. The religious leaders must be convinced that
this practice goes against the Quran and should be asked to teach people in their sermons and the
children in madressahs what an unjust act and a heinous sin and crime this brutal murder is. If we
start now we can hope that at least our next generation will become more humane in the matter.

Muslim women and modernity


IN a poetic recital on TV in Saudi Arabia recently, a woman poet Hissas Hilal burst out against
the strict control regime for women in her country. It was a voice of protest and a very bold
protest at that, perhaps unthinkable in her regimented society.

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The protest was, of course, in the form of a poem she recited. She said through a veiled face
about Islamic preachers “Who sit in the position of power”, but are “frightening” people with
their fatwas who “prey like a wolf” on those seeking peace. She received loud cheers from her
audience which won her a place in the competition's final. But it also brought her death threats
which were posted on several militant websites.

The Saudi regime, controlled by the Salafi ulema in religious matters, is adamant on retaining
strict control over women's activities in the name of Islamic traditions. Women are denied many
of their rights, including that of exercising free choice according to their conscience. This may
not be the condition in all Islamic countries but traditional Muslim societies impose several
restrictions and still are not ready to relax these.

The kind of hijab many Muslim women wear covering their faces and looking at the world only
through two eye-holes remains controversial among Muslim scholars, theologians and modern
intellectuals. The question is what is to be done?

No one can deny the fast pace of change in a globalised world and it is becoming increasingly
challenging to retain present controls exercised on women in traditional societies. This
controversy has been going on ever since modernity asserted itself in the 19th century. Many
reforms took place in many Muslim societies which won women a degree of liberation, but it did
not happen across the board.

The latter part of the 20th and the beginning of 21st century saw a resurgence of Islam,
particularly of the Salafi tradition. No society registers linear progress and progressive measures
without facing challenges. Reasons can be political and economic as well as social and cultural.
This complex nature of tension between tradition and modernity presents both a challenge and an
opportunity.

What is important but is often ignored is that what we practise in the name of Islam is more
cultural than religious or scriptural, and also that we depend too much on tradition while
defending or opposing the restrictions applied to women. A good example of this is a recent
book published from Pakistan on Chehre ka parda wajib ya ghair wajib ('Face veil compulsory or
not') compiled by Prof Khurshid Alam. It offers a very scholarly debate between two learned
scholars, one defending and the other opposing the veiling of the face.

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Yet, it should be noted that the book depends entirely on citing apparently contradictory
traditions of the Prophet (PBUH), and his companions, as related by various medieval scholars.
You find in abundance both kinds of traditions (ahadith) insisting on face veil or thinking it
unnecessary, and both the scholars use these to argue their position. This approach only
reinforces traditional cultural Islam.We should not ignore the fact that most of the traditions
(except those on moral, ethical or pertaining to ibadat — matters of worship — matters) reflect
Arab culture on the one hand and a medieval West Asian or Central Asian culture on the other.
The jurists have also maintained that Arab adat (customary practice) could become part of the
Sharia law, thus many laws are based on Arab adat.

In the book I am referring to there is very little direct approach to the Quran or fresh reflections
on relevant Quranic verses. It is time Muslim jurists and scholars realised that Arab pre-Islamic
or medieval adat is far from divine, and should not form the basic structure of the Sharia law
today. We must change this cultural base through direct reflections and fresh understanding of
Quranic verses relevant to women.

This attempt would establish individual dignity and freedom of choice for women. Freedom of
conscience is an important doctrine of the Quran and so is individual dignity. The Quran is far
more in harmony with human dignity and freedom than the traditional medieval cultural
practices.

This approach will in no way injure the nature of the Sharia law. It would only liberate it from its
traditional cultural basis, which incorporates patriarchal values of tribal Arab culture in many
cases over the divine spirit of the Quran. This opportunity should not be lost as we tackle the
challenges thrown up by modernity. The crucial point to remember is that causing agony to
women and creating dilemmas of choice for them is not what Islam intended. Muslim scholars
and jurists should seek to end this agony.

The burka debate


Zubeida Mustafa

IT is a debate that is unending and can go on ad infinitum. The object of this global controversy
is the contentious hijab that has had as many supporters as detractors. The arguments draw
references from religion, culture, social norms, human rights and, above all, feminism.

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Last week, Canada‟s largest circulated newspaper, had a catchy headline for its lead story: „Hijab
or dejab?‟ Women who defended the hijab asserted they were not coerced by their male
relatives. To cover their hair was purely their own choice — an act of defiance, a political
statement or a spiritual awakening.

Those who had let go of the hijab said they had felt suffocated by it. Others said after wearing it
for some time they had found their identity being defined by the little piece of cloth and they
found that unacceptable. Others found nothing to defy because no one ever looked at them
“strangely” when they covered their head. One said her school friend had described it as an
“interesting fashion”.

So why does the brouhaha go on? It is not clear what Tariq Ali, the author and activist, was
referring to when he said at the annual Marxism festival in London, “I‟ve spoken to many young
women who wear the hijab and aren‟t even religious — they do it because they‟re told they can‟t
do it. In France particularly this is the case.”

To the best of my knowledge, no one has been stopped selectively from wearing a hijab in public
places in any country — if we follow the finer definition of the term. The hijab, the most
popularly worn by Muslims in the West, just covers the head and neck. Since 2004, French
public schools have prohibited the use of all religious symbols — the hijab, the crucifix and the
Jewish yarmulka — on their premises.

They militate against the constitutional secular traditions, the French claimed. What has,
however, been the subject of a ban in France is the niqab that veils the entire face with a small
area around the eyes left uncovered and the “most concealing” burka that “covers the entire face
and body leaving a mesh screen to see through”.

The law that came into effect in April 2011 in France does not target the wearing of a headscarf,
hijab or sunglasses “as long as the accessories do not prevent the person from being identified”,
the French interior ministry said in a statement. It is the all-concealing head coverings, the niqab
and the burka, that are the focus of the law.

Critics have interpreted the law as an expression of Islamophobia and are now waging a battle
against it. Those so shrouded — and I had seen quite a few in the pre-ban years in France —
have virtually disappeared from public view. There have been a few protests but they have not

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created more than a few ripples. I chanced to see one burka-clad woman being booked in a metro
station in Lyon. Her face was fully concealed and obviously she could not be identified. She was
probably testing the waters. The police requested her to step aside and she was probably fined.

What is intriguing about the spirited defence of this act of defiance is that this adolescent
behaviour has no takers back home among those professing progressive views. Many of us
hardly see it as a human rights issue.

For us, security is more vital and today an individual shrouded in a burka can be an unsettling
sight even though women in all-concealing garbs have been a part of our cultural environment
for ages. That tolerance has melted away ever since Maulana Abdul Aziz tried to escape
disguised as a woman in a burka from the besieged Lal Masjid in 2007. Masked men committing
crimes have also contributed to the fear of the burka.

Security concerns should require everyone to be identifiable. Of what use will the cameras
installed on street corners be if all they can film — when they are working — are hooded women
(presumably) in niqabs? If you can have laws prohibiting people from riding in vehicles with
tinted glass, how can masked people not be considered a security risk?

For many years now, guidelines issued by Britain‟s education department have not allowed
women in burkas in educational institutions. Apart from security concerns, the court upheld a
school‟s argument that “the veil made communication between teachers and pupils difficult and
thus hampered learning”. It was said that “teachers needed to be able to tell if a pupil was
enthusiastic, paying attention or even distressed, but full-face veils prevented this”.

Nothing wrong with that if we really care for education. Some of our teachers have expressed
similar views. In a lecture in Karachi a few years ago, Prof Pervez Hoodbhoy argued that he
considers eye contact with his students essential for him to connect mentally with those he is
teaching. Isa Daudpota, another well-respected teacher, says, “Good sense demands modesty
from both sexes everywhere. Proper communication in society, and especially in an educational
environment, requires that facial expressions are not hidden”.

Those arguing for the rights of Muslims will have to reconsider some of their strategies. The
burka debate can be counterproductive. As for countering Islamophobia which is on the rise in
some western societies and manifests itself in many undesirable ways, it is important that

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Muslims move out of their seclusion and try to intermingle with people of all races at a social
level. Thus alone can barriers be pulled down.

Purdah: Quranic and social


A FEW days ago I read in a newspaper based in Lucknow that a Muslim lady, about 50 years old
and head of a Muslim women's welfare organisation, declared her candidature for the
forthcoming parliamentary election in India. She wanted to contest in order to project women's
problems in parliament.

It was also reported that as soon as her candidature was declared, she began to receive phone
calls from some maulvis that women were supposed to be purdah-nashin (one who wears the veil
and stays at home), and are not supposed to contest elections. She did not pay much heed and
was determined to contest the election.

A few years ago, a Muslim woman candidate, under the 33 per cent reservation, filed her
nomination for the municipal election from Deoband, which is the seat of the famous Islamic
seminary Darul Uloom.

A fatwa was issued back then that a woman could not contest elections as she was supposed to
observe purdah. She too did not care and fought the election but was told to wear the veil while
campaigning. Now the question arises is observing purdah as traditionalists say obligatory as per
the Quran, or is it a social custom, which is strictly observed in certain families?

I have read many articles in the Urdu press which glorify purdah and maintain it to be no
obstruction in carrying out a normal day's activities; many argue that it enhances women's
capacity to work. However, the truth remains that we tend to accept anything in the name of
Islam and begin to praise or justify it.

It is also to be noted that there are different types of purdah observed in different Islamic
countries or communities. Women wear the abaya in Saudi Arabia which covers a woman's
entire body from head to toe. In Iran women are required to wear headscarves to cover their head
only. In the subcontinent some Muslim women wear the burka covering their entire face and
body, others with their eyes showing. Others wear the burka but do not cover their face.

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Thus, the kind of purdah we observe differs from country to country and from one community to
the other. What is the Quranic position? In Arabic, the veil is called 'hijab' which means to cover,
to hide or to stand in between. The Quran does not use the word 'hijab' for women in general.
Instead it exhorts women not to display their zeenah (adornments, charms) publicly (verse 2431).

This was to check rich and neo-rich women displaying their most charming dresses and
embellishments publicly. However, they were permitted to do so before all those men and
women who were their close relations, and men they were not allowed to marry. The Quran
nowhere requires women to cover their faces or much less sit at home. Verse 31 of Chapter 24
begins by exhorting both men and women to lower their gaze when they meet each other. If
women were required to wear the veil, covering their face, where was the question of lowering
their gaze?

The word 'hijab' has been used in the Quran only for the wives of the Prophet (PBUH). Verse
3353 exhorts men not to enter the Prophet's house except when invited, and not to linger on
talking to his wives; if at all one had to ask for something, it should be done so from behind a
hijab. This was because some tended to linger on after dining to indulge in talk with the Holy
Prophet and his wives.

What some of us make our women observe in the name of hijab or being purdah-nashin is more
of a social custom from the tribal, feudal ages when all sorts of restrictions were imposed on
women, and it was thought that the position of women was at home to serve their husbands and
children. Even most orthodox ulema agree that verse 2431 does not imply that women cover
their faces. In fact, there is consensus (ijma) that women should only cover their heads and other
parts of body, except the face and the two hands, as observed at Haj.

Since the crucial word in the Quranic verse is 'zeenah', and not 'hijab', ulema agree that women
can not only keep their faces exposed but also apply kohl to their eyes and wear rings on their
fingers. The Quran places no restrictions on women such as we find in many Muslim societies
today. They are free to move, exercise their rights and even earn a living.

One does not find a culture of purdah, as observed today, anywhere in the Quran. Women are
supposed to be active members of society alongside men. They even took part in battles during
the Prophet's time. In fact it was a woman who saved the Prophet's life in the battle of Uhad by

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taking the sword's blow on herself. They also took part in public debates, and Hazrat Umar even
appointed a woman as a market inspector.

Let us thus follow the Quran and not the social customs and traditions of yore which only reflect
certain mediaeval values more than the actual Quranic injunctions. Let us not paralyse half the
Muslim population in the name of Islam. If women too become active members of Muslim
society, the order emerging will be much more dynamic and socially healthier.

Women, ulema and fatwas


Asghar Ali Engineer

MANY of our ulema and theologians usually claim that Islam has given the highest position to
women, but having said so they still treat women just as man`s property.

By doing so they go against all Quranic positions on women and apply all their medieval values
and juristic formulations to degrade women and make Islam a laughing stock. A recent case in
point is the treatment being meted out to women by the Taliban in Swat. There is concrete
evidence for what I am saying.

I have long been fighting for women`s rights as given to them by the Quran, and have succeeded
in convincing many Muslim women who thought that Islam was a source of oppression for them
and hence their salvation lay only in secular laws. By quoting extensively from the Quran I
convinced them that Islam gives them an equal status with men. But some ulema keep negating
all this by issuing fatwas to the contrary.

Recently I came across two fatwas from the Darul Ulum Deoband, which is among the most
respectable Islamic institutions and can even rival Al Azhar. One of their fatwas says that if a
man takes a second wife and his first wife resents her husband`s decision and is not happy with
the new wife, the second marriage stays valid. Thus, a man can take a second wife. Period.

Another fatwa is about divorce. It says if a man types an SMS to his wife with the intention of
divorcing her but does not send the SMS for some reason even then divorce will take place
simply because he typed the SMS with the intention of divorcing her. I really find this shocking
beyond belief. Does it not amount to treating a woman as man`s property? I read one article by a
respected scholar that when man unjustly divorces his wife Allah`s wrath descends on him and

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heavens above him begin to shake, Even then these ulema do not hesitate from issuing such
fatwas. Which position is right? Why such glaring contradictions in the approach of our ulema?
Can the two positions ever be reconciled? Our jurists and religious leaders need to answer these
questions.

The Quran never treats polygamy as a licence for men to marry up to four wives, as many of the
ulema will have you believe. There are strictest possible conditions and two verses on polygamy,
43 and 4129, when read together, clearly imply that one should not take a second wife as and
when one likes. It should be only in the rarest of rare cases and that too under strict conditions.
Justice is a must. And, then, how can a marriage without the consent of the first spouse be valid
if justice is to be done? Pakistan`s law requiring the wife`s permission for a second marriage is
fully justified.

The traditional ulema only inquire about the number of wives one has before performing another
nikah, and never ask as to why a man wants to take another wife. The Quran on the other hand
requires a thorough inquiry as to why one may be taking another wife to avoid injustice being
done to the existing wife. It should never be permitted if no need to take a second wife is
established. According to a proper reading of both the verses of the Quran on polygamy, it is as
good as banned.
For divorce, too, the Quran first of all requires an attempt at reconciliation between husband and
wife. Along with the husband, the wife has also been given the right to appoint her own
arbitrator and the two arbitrators together can decide after hearing both the parties whether
divorce should take place or not. In most cases reconciliation can be effected. I think it is the
most modern concept which all secular courts also resort to. Quranic formulations are quite
compatible with the modern-day approach to marital disputes.

But many of our ulema give more importance to a medieval interpretation by jurists over such
formulations. It is important to note that the Quran, except in two verses, does not even use the
words `husband` and `wife`. Instead, it uses words like zawjain (couple), indicating a complete
equality between the two. The words `husband` and `wife` imply that the husband has an
authority over the wife and hence the Quran desists from using such terms.

What is the way out? I think it is very important that those who are leading women`s movements
should thoroughly acquaint themselves with the Quranic formulations and also obtain knowledge

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of factors like culture, feudal values, patriarchal social structure, etc., which contributed to the
early formulations of the Sharia positions. The Quran is the word of Allah and binding on all. In
the Sharia, on the other hand, there are many differences among scholars, and that is why so
many schools of law exist among Muslims.

I hope Muslim women will take the initiative and learn the Quran thoroughly well along with
hadith literature, adopting an analytical approach towards the genuineness of the traditions and
bringing about a change in Muslim women`s position. There seems to be no other way out.

Muslim women and change


MANY non-Muslims think that Muslim women are oppressed, forced to wear the veil and
confined within the four walls of their houses. This is because we read everyday in the
newspapers that the Taliban burn down girls' schools and force women into wearing the veil, in
fact have their women wrapped completely from head to foot.

This image of Muslim women has been further reinforced by the burka controversy which
erupted in France. It would be justified if all Muslim women followed the strict code propounded
by Muslim theologians which was evolved in the medieval ages and which they keep on
justifying even today. But there is a big difference in what is theologically projected and the
ground reality.

It may not be wrong if I venture to say that Muslim women have been defying the so-called
theological code for more than a century now, and have gone even further in their public
achievements. It is true that even today some Muslim theologians debate whether women are
naqisul aql (have defective reasoning power) or not, but many Muslim women have superseded
even Muslim men in several fields.

In Saudi Arabia where women are not even permitted to drive cars, a woman became a licensed
pilot and has been flying aircraft. Now we get news from Malaysia that Farah al-Habshi, an
engineer by profession, has been appointed as deputy of weapons and electrical officer onboard a
spanking new Malaysian warship K.D. Perak. She has donned the white and blue Royal
Malaysian Navy uniform. What is interesting is that she also wears the hijab to cover her head
though not her face. She feels her hijab in no way comes in the way of performing her duties.

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Malaysia is a Muslim country where orthodox ulema exercise a great deal of control over
people's lives. Recently even the government of Malaysia chickened out when the ulema took the
stand that Christians in Malaysia could not use the word 'Allah' in their religious literature or in a
newspaper. Muslim women face several problems in that country at the hands of conservative
ulema in respect of family laws.

It is in the same country that a woman has been appointed naval officer for combat duty. Even in
India women have not won the right to be on combat duty in the navy. Nor are they permitted to
fly fighter planes or take up combat arms. They are also not allowed seafaring in warships. On
the contrary, the Pakistan Army has women officers; the air force also has women fighter pilots
on duty alongside their male counterparts.

Likewise, Ms Farah al-Habshi has recently participated in a naval exercise in Milan along with
some other women. She was very articulate while answering questions by journalists. She is only
one example out of many. Muslim women have excelled even in theological fields and quite
independently of the traditional theologians. They have shown courage to challenge the orthodox
ulema. Here I can give the example of Amina Wudud of the US who teaches Islamic Studies in
Washington.

She believes that women can lead mixed prayer congregations, and led around 100 men and
women in a Friday prayer a few years ago and delivered the sermon; this is quite unthinkable in
the traditional Muslim world. It raised a storm of controversy, and Yusuf Qardawi, a traditional
theologian from Qatar, wrote an article opposing a woman's leading a mixed prayer
congregation.

Some Kuwaiti women, who were elected to the Kuwaiti parliament after a great deal of struggle,
fought for their right to go to parliament without the headgear. They fought their case in the
supreme court of Kuwait and won. Many more examples can be cited of Muslim women daring
the authorities, in pursuit of their rights.

But the vernacular media, which is interested in sensationalising issues, refuses to highlight
Muslim women's achievements and continues to portray them as submissive to traditional
authorities and meekly accepting of their situation. This image of Muslim women has to change
and the reality, which is much more complex, has to be understood.

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This is not to deny that in many countries Muslim women are facing difficult problems and their
liberation is not a foregone conclusion. However, it is also true that many of them are fighting
and refusing to submit meekly. What gives us hope is their continued struggle and defiance of
traditional authority.

It should also be mentioned here that many ulema and jurists have realised that medieval
formulations on women cannot be easily enforced any more. Some of them, like Muhammad
Abduh of Egypt, Maulvi Mumtaz Ali Khan of India and Maulana Umar Ahmed Usmani of
Pakistan have expressed serious reservations about traditional theological formulations on
women. The determined struggle on the part of Muslim women will force many more
theologians to revise their positions and take the Quran, and not medieval theology, more
seriously on women's issues.

Why gender matters in education


Muhammad Ali Musofer

The role of women cannot be overlooked in the progress of any nation. Almost half of Pakistan‟s
population consists of women. On the one hand, the role of women is viewed highly substantial
for the development of our country, and on the other the magnitude of gender disparity is evident
in different fields of life, particularly in education. According to UNESCO (2006) there is a wide
gender gap in literacy and enrollment at the primary as well as the secondary level of education
in Pakistan. Similarly, the National Education Policy 2009 has also highlighted the issue of low
enrolment ratio of women from primary to the higher education level. This situation demands a
deeper and critical reflection to understand the gender issues in our educational system.

Education is generally viewed as an effective way to address gender-related issues in a society. It


is believed that education empowers women by enhancing their competencies and preparing
them to participate actively in social/economic activities. However, educational institutions do
not work without interacting with and getting influenced by other factors/institutions such as
family, state, media and society. Hence, at times educational institutions are forced to perpetuate
the stereotypes held against women by other influential societal forces.

It is due to such influences of society that educational institutions are not considered very
encouraging for women to actualise their potential in the presence of different challenges such as

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discrimination, sexual harassment, dominancy of males and so on. Therefore the learning
environment in educational institutions needs to be transformed in order to respond to the issue
of gender disparity and discrimination. In this regard, a rigorous reflection is required on the
different aspects of education such as policies, teaching learning process, textbooks and culture.

Formation of policies and its implementation, from national to school level, have a crucial
implication for women‟s participation in education. It is evident that the policies without gender
sensitivity and serious implementation cannot ensure gender parity and equality in education.
The National Education Policy 2009 itself has highlighted the failure of the previous policies in
eliminating gender disparity from the primary to higher education level.

According to Kabeer (1994) policies and rules play an important role in determining the
dynamics of power and distribution of role and resources among different people in educational
institutions. Policies and rules are sometimes gender-discriminative and provide less opportunity
to women to have access to power and resources. For example, women have to pass many
barriers to reach a leadership position therefore there is gender disparity in leadership in
Pakistani schools.

Furthermore, it has been observed that girls‟ schools get low budgets for sports, co-curricular
activities and other facilities such as water, electricity, cleaning and so on. Hence, the policies
need to be gender-sensitive at the formation level as well as at the implementation level.

In our educational institutions, particularly in schools, textbooks are viewed as the major source
of knowledge for the teachers and students. However, Ashraf (2009) argued that in Pakistan
textbooks are not gender-balanced rather they are dominantly male-oriented. Most illustrations
and text in textbooks are focused on the roles related to men, while women are portrayed with
specific roles such as care giving or serving others.

Such material in the textbooks eventually defines gender roles in students‟ minds and as a
consequence those images are practiced in society. Hence textbooks need to be reviewed with
the gender perspective in mind in order to provide a balance and gender-sensitive education to
our new generation. In this regard the authors of textbooks must be made aware of the lasting
effect of stereotypes found in the books and other teaching and learning material.

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The teaching/learning process is also important in shaping the gender concepts of students.
Teachers come to class with their own baggage of perceptions about gender, carried on from
society. Literature has highlighted that teachers expect different behavior from the boys and girls
and treat them accordingly. The male teachers are better known for doing this. Furthermore, boys
and girls are given different roles in class. For instance, boys are given leadership roles while the
girls are assigned easier tasks.

The discrimination shapes students‟ definition about gender. Hence, there is a need to include
gender education in teacher education programmes to sensitise the educators about gender issues.
The teachers should be helped in developing strategies that encourage cooperation and respect
among all students, regardless of their gender.

School culture is another significant aspect considered pertinent in gender education. It is shaped
by different factors such as the rules, norms, values and beliefs and so on which are envisaged
and encouraged through written or unwritten form. These rules, norms and beliefs determine
how males and females interact and treat each other in a school environment. The culture
determines the way to access power and resources for males and females in the school.
Sometimes the stereotypes from society are reflected in a school‟s culture. For example,
leadership is considered as the male domain so there is reluctance shown in giving a leadership
position to females.

Female teachers are given less opportunity for professional development. But if the school
develops gender-sensitive values, it provides opportunities to maximum people to participate in
the decision-making processes. Both male and female teachers are given equal opportunities for
professional development and progress. Unlike patriarchal society the women are encouraged
and supported to opt for leadership roles/positions. Therefore the school culture has crucial
gender implications; either in creating barriers for women or empowering them.

To influence society regarding gender equality, the schools require developing a strong relation
with parents and community. The school can play a vital role in educating the parents about
gender equality through continuous interaction and sensitising. This way rather than getting
influenced by the stereotypes held in the society, the school can positively influence society.

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So in order to increase the participation and involvement of women in the development of the
country we need to educate and empower them. Educational institutions here need to take two
important responsibilities in this regard.

Firstly, they should transform their learning conditions and environment where women can
actualise their potential through educative activities. The process demands from the educational
institutions to reflect seriously on their practices from the gender perspective to review the
policies, curriculum and textbooks, teaching learning processes and culture.

Second, they should develop such a strong learning environment where the stereotypes of society
held against women can be challenged in an educative manner. They need to develop the
capacity to influence society through their educational activities rather than get influenced by the
stereotypes and ill-informed practices of society.

No sanction for wife-beating


Asghar Ali Engineer

WHEN the Indian parliament recently passed a law prescribing punishment for men beating up
their women, the secretary of the Muslim Personal Law Board objected, saying parliament
cannot take away a man`s right to beat up his wife when the Quran allows him to do so. It was a
shocking statement, indeed.

Verse 434 is often quoted by traditional jurists to say that the Quran allows the beating of one`s
wife as a last resort. The verse has been variously interpreted and those sensitive to women`s
dignity interpret it very differently. But before we discuss the verse and its different
interpretations we should know the context in which it was revealed.

The earliest commentators have discussed the occasion of the revelation of every verse. Both
Tabari and Kasshaf tell us that a woman complained to the Holy Prophet (PBUH) that her
husband slapped her without any fault. “What should I do?” she asked. The Prophet said “Go and
retaliate”. The woman was happy but it cast a gloom over the men. They came to the Prophet,
asking him how could they exercise control over their families if their wives were allowed to
retaliate against them. The Prophet said the ruling he gave was his opinion but that he would wait
for Allah`s revelation regarding the matter.

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Thus the verse 434 was revealed which reads as follows (usual translation) `Men are the
maintainers of women, with that Allah has made some of them to excel others and with what
they spend out of their wealth. So the good women are obedient (to Allah), guarding the unseen
as Allah has guarded. And (as to) those on whose part you fear desertion, admonish them, and
leave them alone in the beds and chastise them. So if they obey you do not seek a way against
them.`
The word qawwam also has been variously translated authority, ruler, etc. But it means one who
maintains or looks after. It`s a functional term, not a term of superiority as usually made out by
orthodox ulema.

Thus a wife who maintains her husband or runs the household can also be called qawwam. If
both spouses earn and run the household together both will be qawwam. Nushuz (rebellion,
desertion, misconduct) is also used in the Quran for men and women alike. Here it refers to
women.
The word daraba has several meanings. It can mean to beat, chastise, strike off (remove) and,
according to Imam Raghib in Mufradat al-Quran, `daraba `ala` means when a camel goes near
the she camel. But what exactly does it mean in this verse is the real question. If we interpret
wadribuhunna in the light of hadith it means striking lightly.

Tabari maintains that when the Prophet was asked how much to beat one`s wife (if one must), he
struck lightly with his kerchief and said no more than this, or that he was brushing his teeth and
struck with the brush and said like this and no more. But if we try to understand this verse in the
light of other verses about treatment of women, it is certainly not for beating them.

The Quran repeatedly tells men to treat wives with ma`ruf or ihsan (kindly or in a good manner).
`Even when retaining her or divorcing her, treat her kindly` (2229). A woman enjoys equal rights
and dignity with men and hence she cannot be treated in a manner which will hurt her self-
esteem. Striking her, howsoever lightly, will also hurt her dignity and imply authority of men
over women. It is un-Quranic in spirit.

The Quran frequently uses the word zawj for both husband and wife, implying one of the couple
and clearly indicating that the husband is just one of the couple, not an authority figure. The
Messenger of Allah (PBUH) never physically or mentally harmed his wives, let alone beat them.

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We find this in the verses 3328-29 and 663, that when his wives made demands on him he
simply remained aloof, yet he always allowed them to argue with him. Thus we come to know
how the Prophet treated his wives with dignity and never even implied that they should not argue
with him.
One must reflect on the meaning of `wadribuhunna` and accept it in the sense of `separating` or
`removing` or in the sense in which Imam Raghib tells us. In that case it would mean that if a
woman rebels, deserts or misbehaves then first persuade her; after that leave her alone; even then
if she is not persuaded strike her off (divorce her). Or go near her (if we accept Imam Raghib`s
meaning) after she has been persuaded to change her behaviour.

There is a great need today to read the Quranic verses from women`s standpoint if we have to
restore to them the rights the Quran has given them.

Women’s access to holy places


Asghar Ali Engineer

RECENTLY a women‟s organisation in Mumbai, the Akhil Bhartiya Muslim Mahila


Association, conducted a survey and found that in 18 Sufi mausoleums women are prohibited
from entering the astana, or sanctum sanctorum, in which they were previously allowed.

Main among these mausoleums is the Haji Ali dargah, which is highly popular among non-
Muslims as well. Hundreds of non-Muslims, particularly Hindus, can be seen visiting this
dargah.

The report was released to the press and caused a furore. It became a hot topic of discussion
attracting full media attention. A number of newspapers and TV channels began focusing on why
women cannot enter mausoleums and mosques.

Is it really prohibited? And if so why and on whose authority? In fact for everything Muslim
maulvis and maulanas rush to consult hadith, and if something is stated in the hadith they follow
it without question.

They do not want to understand that even if a hadith is authentic it has a context and the Prophet
(PBUH) said something in a particular context. Our ulema simply quote hadith completely
ignoring the context. According to some scholars, it was for this reason that the Prophet

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discouraged people from collecting hadith as he knew it would cause a lot of problems after his
passing.

Naturally, when the press questioned some ulema about prohibiting women from entering
dargahs they promptly quoted hadith and said since it is prohibited in the traditions they cannot
be allowed. In fact they were not even honest enough to state that the whole issue is
controversial. Some quote hadith from Imam Bukhari saying it is prohibited while some quote
hadith from Muslim saying it was prohibited but later on the Prophet allowed it.

In fact the Holy Prophet had prohibited women from entering cemeteries because some women
would embrace the graves of their loved ones and wail. The Prophet always discouraged
excessive weeping, wailing and breast-beating and encouraged dignified ways of grieving.

Women were found to be grieving in such a manner more than men and hence the Prophet
discouraged women from entering cemeteries but later allowed it if they visited graves in a
dignified way.

But many ulema (aslaf), who thought that women are weak and unable to control themselves,
ignored this later tradition of the Prophet and treated it as an absolute ban and enforced it
wherever they could.

The Prophet was very humane and had asked women to avoid going to cemeteries out of
consideration, but some of his followers treated it as an absolute ban. There is no other reason for
banning entry of women in cemeteries and in fact they are as much entitled to enter cemeteries
and visit the graves of their loved ones as men.

One maulana even went to the extent of saying that women‟s entry to dargahs is banned as when
women enter a dargah they (the Sufi saints buried there) see them unclothed. There is a limit to
absurdity of belief.

How could the saints, who strictly controlled their passions during their lifetimes, give in to
temptation and be disturbed by women after their deaths? Religion is something noble and
transcendent and should not be stretched to such absurd lengths. Such comments show the
intellectual level of some people.

In fact, instead of raising ourselves to the high moral level of religion we drag it down to our
lowly thinking. I need not repeat here that the Quran has accorded equal dignity to women.

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In South Asia women are not allowed to enter mosques whereas they are allowed everywhere
else, including the holiest mosque, the Kaaba, where men and women pray together and perform
the tawaf (circumambulation) of the Kaaba together.

The Prophet clearly has said that do not stop Allah‟s female servants from entering His house,
yet our ulema do not allow them to enter mosques. Is it not because of their misogyny?

I asked one maulana if Friday prayers were obligatory for women and should they not pray in
mosques on Friday as men do? He said they should but then who would cook the afternoon meal
if women were in the mosque? The maulana did not even know that under the rules of
maintenance it is for a man to either serve cooked food to his wife or pay for a cook, as per the
Fatawa-i-Alamgiri.

The Quran, through its teachings, has tried to take us beyond the status quo so that women could
realise their full potential and dignity but men, with their hardened patriarchal attitudes, have not
been ready to accept gender equality as it hurts their male ego. Hence through various means
men have managed to lower women‟s dignity to pre-Islamic levels.

The Islamic world has an unenviable record as far as women‟s rights are concerned. If Muslims
are serious about Islamic teachings it is high time they raise themselves to the level of the Quran
and accord women what is due to them.

The Quran and hadith both lay great stress on acquiring knowledge (ilm) and yet our ulema have
issued fatwas instructing believers not to teach women beyond what is necessary to perform their
obligatory rituals like prayers etc.

It is a matter of great shame and the earlier we rectify things the better it would be for us.
Women‟s education and high status is a sine qua non for our progress.

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Economic System of Islam

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Capitalism vs Islam

Asghar Ali Engineer

A FEW days ago a press conference was held in Mumbai by some Muslim organisations and
theologians claiming that Islam was against capitalism and imperialism and that they would
launch a campaign against both.

It was indeed a crude attempt at comparing or contrasting modern political ideologies with Islam
as it emerged as a new social and political order in seventh-century Arabia. Islam has its central
values like truth, justice and equality for all human beings at its core. These values compare very
favourably with modern concepts of human rights, human dignity and social justice. However,
modern economic conditions and political ideologies have their own origins, which have nothing
to do with the economic conditions prevailing after Islam appeared on the Arabian scene.

On my visit to Cairo a few decades ago I found a book Al-yamin wa al-yasar fil Islam ('The right
and left in Islam'). I found this book quite interesting as the entire discussion was with reference
to the then prevailing conditions and how the first four rightly-guided caliphs followed different
economic policies which had a deep impact on social conditions in the then Islamic world.

Another book in this respect was published in 1977 by Prof Khurshid Ahmad Fariq, who taught
Arabic at the Jamia Millia Islamia, Delhi. The title of the book was Khilafat-i-Rashida ka iqtisadi
jaiza ('An economic survey of the period of the rightly-guided caliphs'). This book also discussed
the economic conditions then prevailing without any reference to modern ideologies.

Undoubtedly Islam tried to create a just society in every respect as justice happens to be its core
value. It was this core value of Islam which made W.C. Smith, a noted Islamic scholar who
taught at Government College, Lahore in the 1930s, to conclude that Islam was the first
systematic attempt in human history to create a socio-economically just society. But soon, this
attempt failed because much depended on the personal inclinations of the reigning dynasties
rather than on any systematic ideology.

According to the Egyptian author of Al-yameen wa al-yasar fil Islam, Hazrat Abu Bakr and
Hazrat Omar in the early period followed centrist economic policies but in the later period
Hazrat Omar took advice from Ali and became rigorous in enforcing economically just policies.
However, it was rather late, as soon after that he was assassinated by his slave.

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Then, Hazrat Usman, being a lenient administrator, came under pressure and changed the land
policy which Hazrat Omar had followed and allowed the companions of the Prophet (PBUH) to
exchange their land for land in Hijaz. This caused much turmoil and also as Usman, according to
Khurshid Ahmed Fariq, in his discretion gave generous gifts to his relatives and friends from the
baitul maal, this too led to unrest. Of course, there were other factors that contributed to the
turmoil than just the caliph's policies.

Dr Taha Husain, another eminent historian and scholar of Islam from Egypt, discusses these
factors in his book Al-fitnat al-kubra ('The great insurrection'). Some companions of the Prophet,
like Hazrat Talha and Zubair for instance, had accumulated a lot of wealth. Thus we find in
Tabqat ibn Saad that when they died they left behind a great deal of gold, silver and more than
1,000 horses, besides a large number of slaves. Prof Fariq, quoting sources, estimates that Hazrat
Usman left behind more than a billion dirhams when he was assassinated; all this wealth was
looted by the hooligans who had surrounded his house.

This kind of wealth was generated from two sources one, from trade and two, by way of ghanima
i.e. war booty collected after a conquest. Baladhuri has given figures in his Futuh al-buldan,
('Conquest of countries'). With these conquests the whole economic scenario, especially of the
Bedouin Arabs, changed and they began to lead comfortable lives.

We should also remember that the then Arab economy was basically a mercantile economy
which depended on trade and production of date palms from a few oases. Thus, it cannot be
compared with the modern industrial economy and its problems. And with the development of
the monarchy starting with Yazid's ascent to the throne, the economy underwent further changes;
it became more feudal than mercantile over time.

Thus, one must understand these specifics of early Islamic society before comparing it with
modern political and economic ideologies. However, one can say that the greatest contribution of
Islam was the concept of a welfare state and the establishment of the baitul maal in its early
years. But, with the establishment of monarchy and feudalisation of society, the baitul maal also
ceased to be a source of welfare for the people.

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Economic disparity
Amin Valliani

IN all societies and in all epochs, human beings have been confronted by disparity. This can be
observed in every aspect of life. One can see disparity in economic and social spheres and also in
educational or intellectual spheres. But the most stressful is disparity at the economic level.

Every society consists of the haves and have-nots. Some people are born rich, with a silver spoon
in their mouths while others strive to become rich. Similarly, there are people who are weak
financially and desperate to make ends meet. The Quran recognises such a nature of society and
declares it as God‟s will. The Holy Book says “…It is We who portion out between them their
livelihood….” (43:32). Thus a society is like a human hand whose five fingers are not equal, but
they are part of one hand and their strength lies in their unity.

However, the gap between rich and poor should not be too wide. A wide gap tends to precipitate
unrest and peace is threatened. The peaceful coexistence among different segments of society is
possible if all of us think of humanity as one and adopt certain values ourselves such as caring
and helping each other.

The rich class should realise the hardships of the poor and share a portion of its wealth to uplift
the poorer class. All world religions, through their teachings, try to minimise the gap between
rich and poor and exhort the well-off to help the less fortunate so that they may also lead a life of
dignity.Islam, too, encourages its followers to be generous. Helping others and providing succour
to the needy is regarded as one of the cardinal principles of Islam. The Quran declares that
society has a right and stake in whatever the affluent possess. This is in contrast to the western
notion which upholds the individual‟s right of ownership over his or her wealth. The Quran says
“And in their wealth there is the right of the beggars and the deprived”. (51:19).

The Quran uses different terms such as zakat, khairat, infaaq, sadaqa and qarz-i-hasana etc for
spending in the way of Allah. All these terms imply a notion that one should be generous enough
to share one‟s wealth — material and non-material — with others and try to create harmony in
society.

Zakat is considered to be an obligatory contribution that all affluent Muslims need to pay and
provide for those who are in need. Its Arabic root signifies the purifying aspect, for it cleanses

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the giver of greed and excessive materialism, promoting, at the same time, the general level of
well-being and happiness in society.

Regardless of disparity, Islam considers all Muslims equal in the eyes of Allah; there is no
privileged class in Muslim society. However, keeping the human inclination of preferring one‟s
parents and relatives over others in view, Islam allows that man‟s first charity should be to his or
her family members, if in need. They should consider their parents and relatives first if they be in
need of financial help, followed by other segments of society.

Despite these principles, in our present-day Pakistani society, one sees widespread poverty. With
every passing year, poverty continues to increase. Millions of people slide into poverty because
of the ongoing economic crisis. Begging has become common; the number of homeless persons
continues to grow; migration from rural to urban areas in search of livelihood continues
unabated. Crime and suicide rates are high in our country. This grim situation brings one to the
conclusion that this society has failed in many ways.

In order to redeem the situation, we need to wage a war against poverty. Islam has provided us
multiple ways of spending on the poorer segments to uplift them. Help should not make the poor
even poorer and dependent on aid all the time. In other words, money should not be doled out;
rather, people should be helped in a way so as to enable them to stand on their own feet, to earn
their livelihood and later contribute to society.

To paraphrase a popular saying, if one gives a man a fish, he will have one meal. However, if a
man is taught to fish, he will have meals for the rest of life. It is stated clearly in the Quran that
all that is created on the earth is for humankind; it is for man to use the same for humanity‟s
collective benefit. Man‟s mission would be incomplete till he uses God‟s blessings beneficently.
The Holy Prophet (PBUH) has also set such examples.

Poverty cannot be eradicated in one go; it needs a well-thought-out plan in which education has a
vital role. Education should be made life-oriented; people should not only be literate but skilfully
trained to earn their livelihoods. Every year, thousands of students pass their examinations but
are unable to find jobs. They must be encouraged to acquire skills in various trades, take
initiatives in the field of their choice and start serving society.

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All fields are open, it is for man to sow the seed and reap the fruit. There are some NGOs that
serve free meals to the needy on a regular basis. This is good, but the best way to serve society is
to train unemployed youth and engage them in some fruitful service. Similarly, in each locality
there should be a bureau tasked with searching for opportunities in new fields, training
unemployed youth and engaging them.

Of economic justice
Asghar Ali Engineer

JUSTICE is one of the central values in Islam, and any economic system not based on justice is
unacceptable. The Quran emphasises distributive justice and lends unqualified support to weaker
sections of society, whom it calls mustadifun; it condemns the arrogant ruling classes
(mustakbirun) that suppress the weaker sections.

I was inspired to write this piece by the recent Occupy Wall Street protests in America for
economic justice, which also spread to Europe. They have raised the slogan, „We are 99 per
cent‟, and leaders of the movement say that just one per cent of Americans have concentrated all
the wealth in their own hands, depriving 99 per cent of their rights. People wearing badges with
the slogan gather at Wall Street in New York and financial hubs in Europe.

In America, a fortress of capitalism, profit is the only sacred word and distributive justice a dirty
one. Freedom there is considered a fundamental value but it is hardly inclusive of freedom to be
a socialist, much less communist. It is from this milieu that this movement has started demanding
distributive justice and opposing the concentration of wealth in a few hands.

It is interesting to compare the present-day economic situation with what was happening in
Makkah before Islam. As a centre of international trade and finance, Makkah was where tribal
chiefs had formed a monopoly over trade to accumulate wealth, neglecting all morality and the
weaker sections of society. Much like in our own times, when globalisation and economic
liberalisation have allowed a few people to accumulate wealth, in pre-Islamic Makkah
polarisation between the rich and the poor had increased, leading to social tensions. These were
explosive, as very vividly described in the Quran.

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Surah 104 points to „one who accumulates wealth and counts it again and again and thinks that
this wealth will make him eternal. But surely he will be thrown into hutumah.‟ What is hutumah?
„It is burning fire which will engulf the heart…‟ In another Makkan surah, the Quran says,
„Don‟t you see the man who belies Deen? It is this man who pushes away the orphans and does
not induce people to feed the poor, and deprives people of their small needs‟ (107).

Pre-Islamic Makkah was a centre of world trade as most international caravans laden with luxury
goods passed through that city. The tribal chiefs, who first acted as guides for crossing the vast
desert between Makkah and the Roman Empire, became expert traders. They were greedy for
more and more wealth and sought more and more profit.This obsession with profit-making kept
them so engaged that in Surah 102 the Quran says, „Your riches have made you quite negligent
of your studies till you visit your graves‟. While this dominant section of Makkan tribal chiefs
was becoming super rich, the poor, the orphans, the widows and the slaves were totally neglected
and exploited to accumulate more riches. The victims of the traders‟ greed were leading lives of
abject poverty and deprivation. Nothing moved the rich whereas there was earlier no concept of
the poor in a more equitable tribal society.

It was against this background that such verses were revealed in the Quran. Justice, moreover, is
so central in Quranic ethics that Allah‟s name is Adil and the Quran says, „Do Justice, it is
closest to piety‟ (5:8). The complete absence of distributive justice and concentration of wealth in
pre-Islamic Makkah can be compared with what is happening in America. Wealth has become so
concentrated in the hands of one per cent that 99 per cent are feeling the heat, losing jobs and
fearing starvation — in America, where people had forgotten what a life of poverty was.

It is under these circumstances that this movement has started and people are protesting on Wall
Street and at other such financial hubs. Of course the western media is not too interested in such
movements, which expose the weakness of capitalism. Only occasionally are a few compelled to
write about it, without making it too visible in the print or electronic media.

Compared to this state of affairs, pre-Islamic Makkah had no democracy nor awareness about
one‟s rights; neither did it have a democratic system in place, and so the only way to make
people aware of their rights was through divine revelation. Hence the Quran, an instrument of
divine revelation through Prophet Muhammad (PBUH), was revealed. It condemned the

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concentration of wealth in a few hands and large-scale deprivation of people. The cited Quranic
verses created awareness among the faithful about distributive justice.

The Quran is in favour of leading a need-based life and opposes all greed or a luxurious lifestyle.
It clearly enjoins to give away what is left with one after fulfilling one‟s needs (the Quran calls it
afw). However, Muslims, except the followers of the Prophet (PBUH) during his lifetime and a
few thereafter, never practised it. Many companions of the Prophet (PBUH) considered it sinful
to drink water in a gold or silver vessel. But such scruples were short-lived in Muslim history.

If Muslims had taken the Quranic verses seriously and put them into practice they would have
been the role model for the world for introducing a distributive justice system and a conflict-free
world; a world without wars and bloodshed, a peaceful world where everyone would have felt
secure, a living paradise on earth. But capitalism, in order to make the lives of a few plentiful
and wasteful, has made it a living hell for many today.

Bank interest is not `riba`


THE controversy about the permissibility or prohibition of bank interest started in the colonial
times, in the 19-century onwards, when banking institutions came to the Islamic world.

The controversy first raged in Egypt. It is said that the Grand Mufti of Egypt, Muhammad
Abduh, had permitted interest on postal savings though the fatwa issued by him is not available
now. Today, many still ask if bank interest is prohibited in Islam. Most of the jurists maintain
that it is not permissible, and Muslims should not accept interest on their bank deposits.

In the latter part of the 20-century many Muslim intellectuals came out with the concept of
Islamic banking based on mudaraba and profit-sharing. A number of Islamic banks were started
in Muslim and non-Muslim countries with a large Muslim population. Still the question
continues to be asked if banking interest is permissible, and there is no unanimity of opinion on
this question.

Yet, there are many Islamic scholars who feel that banking interest is not prohibited by Islam.
Many modern commentators of the Quran also translate riba as usury and not as simple banking
interest. From Pakistan Prof Fazlur Rehman, who had migrated to the US and taught at Chicago
University for a number of years, wrote a very well-argued paper on the permissibility or

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otherwise of banking interest. He came to the conclusion that banking interest is not prohibited.
Even those who do not agree with this view must read his article. It is very scholarly and based
on original sources.

What is riba then? The Quran strongly condemns the institution of riba. It says, “Those who
swallow usury (riba) cannot arise except as one whom the devil prostrates by (his) touch. That is
because, they say, trading is only like usury. And Allah has allowed trading and forbidden usury.
To whomsoever then the admonition has come from his Lord, and he desists, he shall have what
has already passed. And his affair is in the hands of Allah. And whoever returns (to it) — those
are the companions of Fire there they will abide.” (2275)

The Quran also goes on to say, “But if you do (it) not, (i.e. continue to take riba), then be
apprised of war from Allah and His Messenger; and if you repent, then you shall have your
capital. Wrong not and you shall not be wronged.” (2279)

Thus we see that if one continues to take riba, the Quran not only warns against it but even
permits war against the usurer. Is bank interest so severe in consequences as to be warned of a
war by God? Banking interest is taken and given by hundreds of thousands of Muslims all over
the world, including in Islamic countries. Should Islamic states declare war against banks? No
country ever does it. Let alone war, they are not given any punishment.

Then what is riba? Its root meaning in Arabic is 'growth' and here obviously it is unjust growth.
One should not fatten oneself at the cost of others, which leads to gross injustice in society. Our
justice system overlooks the stock exchange operations, which is based on pure speculation. One
either becomes a millionaire overnight or is ruined completely if share prices crash. Islam
permits only just growth which one earns in a permissible way through one's hard work,
physically, intellectually, or both.

Speculation is strictly prohibited. For example, it is not permissible to buy a standing crop in the
field as one does not know how much it would be maturing and how much will be destroyed. To
buy cheap a standing crop amounts to speculation and exploitation of the peasant. Yet, many
middlemen thrive on such speculations. Our justice system hardly ever condemns such practices.
Many people become rich overnight by speculation using such practices. On the contrary, our
jurists allow the share trade without any restrictions.

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There were no banks during the time Islam appeared on the scene. People used to borrow money
from private moneylenders and return double or more than the actual amount. Thus we see riba
was the doubling of double (3129), which ruined the poor borrowers who often borrowed either
for personal needs or small trade. This is certainly condemnable and all governments should take
action against such practices.

Banking interest is far from ruinous and its rate is fixed by market operations to increase or
decrease liquidity in case of inflation or deflation. A bank cannot be conceived as an exploiting
institution. On the other hand, it is a regulatory institution facilitating financial operations
between borrowers and lenders.

Some jurists argue that interest is not permissible as there is no element of risk in it and its rate is
fixed. There is no such argument in the Quran itself. If this argument is valid then even investing
in a building and giving premises on rent will also not be permissible as rent is fixed and there is
no risk involved. The Quran denounces riba as an exploitative practice leading to unjust growth,
not because there is no element of risk in it.

In view of the above arguments it can be argued that banking interest cannot be treated as riba
and should be held permissible.

Is riba-free banking possible?


Ahmad Raza

Islamic banking has grown reasonably fast in the last decade in Pakistan. People invest
religiously trusting the fatwa of the so-called Sharia boards of these banks.

Are these financial instruments really riba-free (interest-free)?

Do these instruments conform to the juristic and ethical frameworks laid down by the Quran, the
Holy Prophet (PBUH) and the imams of the leading schools of thought?

If the analysis shows otherwise, then why not do „modern‟ banking instead of labelling riba-
infested products as „Islamic‟ and selling them as halal and riba-free?

The theoretical problem arises out of our inability to comprehend the meanings of two words
„riba‟ and „ba‟ah‟ used in the Quran to strictly prohibit the former and clearly permit the latter.

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There are two verses in the Quran which deal with the concepts of riba and ba‟ah and adjudicate
reasons for their subsequent prohibition and permission.

The Quran clearly refers to the inherent psychological nature of men, which ordinarily thrives on
boundless greedy profiteering and moneymaking without personal labour and effort. So the
Quran clearly describes in a verse this human weakness and declares that those who approve of
riba are “possessed by Satan” (2:275). It is strictly forbidden and instead one should engage in
ba‟ah which requires personal labour and effort.

The second verse of the Quran explains the economic rationality of riba and declares that it is
forbidden because it leads to profiteering and moneymaking in a multiplication mode of
economic exchange (3:130) which does not involve labour and effort by the owner of the
economic resources.

Therefore, one should engage in socially and ethically permissible economic activity of ba‟ah.
On the other hand, the practice of riba leads to unprecedented social and economic inequalities
which create an unjust society, which the Quran and the Prophet disapprove of in manifest
words.

Ba‟ah is permitted because it is based on rational, ethical and mutually agreed contracts of
economic exchange, sharing risks, benefits and liabilities and profit (land, labour, capital,
commodity or intellect). The law of riba and ba‟ah applies equally and universally to both
tangible and intangible economic resources. In simple terms, riba is an irrational, exaggerated,
labour-less and unethical accumulation of wealth in a multiplication mode, while ba‟ah is a
rational and socially and ethically agreed economic exchange of labour and money.

The actual labour and work done by a person is weightier and considered a sacred trust, for
according to a hadith the worker is a friend of God.

Now let us illustrate by an example to show what it means to accomplish a riba-free economic
exchange. I own one acre of land and I give it for cultivation to a peasant on mutually agreed
terms. A riba-free land-tilling agreement between me and the peasant would be something like
this: the owner of the land should provide the water, seed, fertiliser and protection in case of
natural calamity hitting the crop and distribute ushr forthwith.

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The peasant would cultivate the land with honest labour, take care of the field, protect the crop
against dangerous animals, sell it at a fair market price and distribute the profit equally with the
owner of the land. This land modaraba and the transaction thereof will be a completely riba-free
economic activity. The peasant shall be duly compensated for his labour in case he opts out of
the transaction before the maturity of the crop.

Let us now analyse a so-called Islamic financial product offered by Islamic banks in Pakistan.
The product is known as „car modaraba‟. The Islamic financial product is a nomenclature shift
from the routine banking sector offering the same product as „car-leasing facility‟. All terms and
conditions of the modaraba contract are analogous to the car-leasing agreement, favouring the
Islamic bank rather than the end-user. It is a misnomer to call it modaraba because the Islamic
bank is not the first owner (in this case the car maker/manufacturer is the true owner).

The Islamic bank thus does not fulfil the qualification of ownership required to enter into a ba‟ah
with the buyer (in this case end-user of the car). The bank is not a seller in principle, rather a
supplier of the car as a middleman and making profit in a multiplier exchange mode from a
product which is produced by another party in the first place.Now this Islamic bank imposes all
sorts of conditionalities to secure this so-called modaraba contract with the car buyer — in fact a
consumer of the car, not a worker as per Islamic framework. This includes car price, car rent
(another term for mark-up), takaful (name change for insurance), processing fee, binding
contract and capping on further usage of the car. Is this modaraba transaction fair to the parties,
free of multiplier mode of economic exchange, sharing liabilities and benefits? The answer
would be an emphatic „no‟.

An economic transaction would be considered riba-free if it avoids multiplier mode of


moneymaking, profit-taking and capital-creation. According to Islamic economic rationality,
labour is mightier than capital because it creates economic value. On the contrary, Anglo-Saxon
liberal economics rests on the reverse proposition (adhered to by banks in Pakistan, both
„Islamic‟ and „modern‟), which holds that capital creates value and therefore the worker must lay in
bondage to capitalistic domination.

The vicious cycle of capital accumulation is perpetuated by multiplier mode of economic


exchange. No sector of the economy is exempt from this multiplier effect and hence infested
with all the attributes of riba.

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Governance in Islam
Nilofar Ahmed

EVERY state has to work out its own rules for good governance, according to the needs of the
times. But there are certain fundamental rules and principles, laid down by the Prophet of Islam
(PBUH), which can be incorporated into any book of ethics, or even a constitution, anywhere in
the world.

They give us some of the basic bricks of the foundation on which to build society. A careful
reading of the documents and political arrangements of the time of the Prophet, such as the pact
of Madina (623 CE), the peace of Hudaibiya (628 CE), the sermon at the conquest of Makkah
(630 CE) and the last sermon (632 CE) addressed to Haj pilgrims, bring out some salient points.
They spell out the basic values that should be acquired, concepts that should be understood,
examples that should be followed, precedents that should be emulated and principles that should
be developed to suit our times.

Firstly, the Prophet did away with the concept of the divine power of kings and rulers and the
belief that they could do no wrong. This meant rejection of dictatorship and preference for
democratic practices. He considered the ruler to be the khalifa, or deputy of God on earth,
elected to carry out the will of God.

It was a position of responsibility towards God and His creation, humanity and nature. This
concept allowed even a poor old woman to challenge the khalifa in Hazrat Umar‟s time, and for
the khalifa to be humble and sincere enough to retract his own suggestion.

The bai‟at, or oath of allegiance, taken at the hand of the leader whom one would like to lead,
was conducted by the Prophet. Women had as much right to give their vote of assent as did the
men (60:12). It was only subsequently that Muslims turned to kingship and dynastic political set-
ups.

The Prophet taught coexistence with followers of other faiths. According to the pact of Madina,
he united the various tribes of religious groups: Muslims, Jews and Christians into a single
community, the ummah. The political rights and duties of non-Muslims were declared to be
equal to those of Muslims at Hudaibiya.

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The Prophet introduced moral values into politics. Those who took up an official post were not
supposed to do so for self-aggrandisement, or looting and filling their own coffers with public
money, but to do an honest job and to serve the public in all spheres which needed attention.

The provision of justice was institutionalised. Seeking or meting out justice, instead of being the
prerogative of the victim, his family or his tribe, became the collective duty of the ummah or the
state. It was also stipulated that the criminal alone would be responsible for his crime.
Consequently, unbridled revenge was controlled, laws were codified and a basic judicial system
was developed in which no favouritism was tolerated.

It was agreed that the whole community would unite against anyone who spread injustice,
enmity, sin or corruption. Everyone would be obliged to keep their word and also to protect
anyone who was attacked and to cooperate in any pacts made collectively. Today, since the most
powerful are the most corrupt, people are afraid to stand up for a good cause. But if people could
unite, the corrupt could be turned into the weak and the honest would become powerful.

Contrary to the orthodox view, the concept of social insurance was introduced by the Prophet. If
a person was caught in a difficult situation due to having to pay ransom or blood money, his tribe
was made to pool resources and come to his rescue. Today, this concept can be broadened to
cover health, accident and other unforeseen circumstances from which it becomes impossible for
people of modest means to recover.

A concern was shown for the weak. The poor and the marginalised were given the same rights as
others: if they gave protection to anyone they wished, the whole community would have to
honour their word. Accordingly, today, a poor person would be able to stand for election, acquire
an important post and get justice when wronged, even against the most influential and the
powerful.

No individual or group had the right to start a defensive war, or jihad, without the permission of
the head of state, who would have to be a righteous person, aware of all the rules and conditions
which govern the concept of jihad.

Equality was emphasised. It was agreed that the criterion for honour would not be colour, caste,
gender or tribe, but piety or God-consciousness: “O people, indeed, We have created you from a
male and a female and made you nations and tribes so that you would recognise each other.

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Indeed, the most honourable of you, in the sight of God, is the most God-conscious” (49:13). In
secular terms, piety could be interpreted as the spotlessness of a person‟s character, in personal
as well as public life.

The Madina pact gave the people a new perspective on unified culture and dealings with people
outside their own family, religion or tribe. The needs of every class and individual, with regard
to justice, peace, tolerance, freedom, including freedom of religion, were met.

Modern-day Muslims have strayed from these ideals. There is a need for citizens, as well as
aspiring young politicians, to examine these values and to try to include them in the laws; to
inculcate and practise them in everyday collective life.

Islam on good governance


Amin Valliani

NO nation can dream of development without good governance. It is an essential prerequisite for
all state and non-state organisations to abide by the principles of good governance in order to
move forward and attain the goal of public welfare.

At the state level, it is considered important and connected with a nation‟s overall development
and its sustainability. People cannot make progress unless they follow the principles of good
governance. Good governance is a culture that makes people act responsibly, thoughtfully and
conscientiously.

They behave with restraint and avoid abuse of power. People in authority act within the
parameters of the law and take upon themselves the country‟s concerns and hardships. They
remain impersonal in the discharge of their duties and imperturbable in front of critics. They
respect popular will but never go beyond their tether.

Unfortunately, during the course of Muslim history we have hardly seen any worthwhile
examples of good governance. The majority of Muslim lands remained under dynastic rule; most
rulers were despots, self-serving and a law unto themselves.

Their princes used to fight for the throne and their infighting often led outsiders to invade. They
were least concerned about the welfare of their subjects. Common people had very limited access
to the corridors of power.

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However, we have a shining example when the Holy Prophet (PBUH) became head of the state
of Madina and exemplified good governance. He created a bond of brotherhood among the
Muslim citizens, concluded agreements with non-Muslims and remained concerned about their
welfare. He upheld the Islamic value system in which justice remains central. He declared that
all humans are the offspring of Adam and that there is no difference between Arab and non-Arab
(Ajam).

Islam is a religion which guides us in all aspects of human life. Our value system originates
mainly from the Holy Quran and our progress is forever dependent on its application. We find a
number of Quranic injunctions considered to contain the essentials of good governance.

First is the concept of amanah (trust). Allah says that to Him belongs whatever is in the heavens
and whatever is on earth.

Every human being is a trustee on earth. All his possessions, including health, wealth, livelihood,
power and status belong to Allah. One who performs his or her duties honestly and diligently is
upholding his amanah.

Allah enjoins believers to “…Betray not Allah and His Messenger, nor betray knowingly your
amanah [things entrusted to you and all the duties which Allah has ordained for you]” (8:27). In
the light of this concept, no one in authority is absolute; one has to remain answerable to his
conscience.

Another important principle of good governance is that the ruler must be sincere and of
impeccable character. He must consider himself not a ruler but a servant. Similarly, he should be
mindful of his every act, that it should not harm his subjects. Those who transgress their limits
are the most disgraceful, and the Quran refers to them as zalimoon.

Merit is also one of the important principles of good governance, whereby all appointments in
state and non-state organisations are made on the basis of competence. Every human is born with
certain inherent competencies and those who actualise their competencies with hard work,
integrity and honesty get a premium.

Nature rewards them for being active and hardworking. The Quran says “And that man can have
nothing but what he does” (53:39). In meritocratic societies people upgrade themselves
professionally and grow economically due to their performance, competence and ability.

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Islam encourages Muslims to acquire knowledge and occupy the best position in their societies.
We read the life story of Hazrat Yousuf who was in captivity but was called to head the food
ministry because of his high degree of competence and knowledge. He was thus able to prevent
the impending famine.

Here knowledge became fundamental in governance. Many Western societies are ahead of us
because of knowledge and it is the demand of the present time that our parliament and all
lawmaking and law-enforcing bodies be occupied by knowledgeable people.

Similarly, the concept of taqwa is also closely linked to good governance. It is an all-inclusive
concept which says that every believer should be mindful of Allah‟s omnipresence and be aware
of accountability. We live in the constant presence of Allah. No act goes unrecorded and no one
escapes the accountability of his or her doings. If a public servant develops such a sense of
Allah‟s presence in his mind and heart, it would result in peace and well-being in society.

The absence of taqwa in any society often leads towards unethical practices. For example, our
present-day society is in the grip of widespread corruption. This is the result of poor governance
over the years.

When a politician submits a fake degree to stand in elections, when a police party kills a person
in a fake encounter, when a businessman evades taxes, when a builder uses outdated material,
when a teacher skimps on class work in order to sell his time privately and when a doctor
recommends a drug to gain commission from a pharmaceutical firm then the concept of taqwa is
grossly violated. The foundations of society are undermined and the nation‟s future is ruined.

Many think they will escape judgement but the Quran says “And We have fastened every man‟s
deeds to his neck and on the Day of Resurrection We shall bring out for him a book which he
will find wide open” (17:13).

Democracy and Islam


IT is said by some that democracy has no place in the political system of Islam. Islam is not only
a religion, rather it is a complete code of life. All aspects of Muslim society, individually or
collectively, are covered by the social structure of Islam.

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Hence a political system, an important aspect of human society, also comes very much under the
banner of the Islamic hemisphere. The great Muslim thinker and poet Allama Iqbal has rightly
said, “Juda ho deen siyasat se to reh jaati hai changezi” (take religion [morality] away from
politics and you have despotism), for religion is the source of all morality, individual and
collective.

The important manifestation of a political system is vindicated through the establishment of a


state and the way of its governance. Our Holy Prophet (PBUH) established a state at Madina, of
a unique type, based on consultation, justice, equality and accountability. After his passing his
righteous successors maintained the same system of governance. The Holy Quran has mentioned
the word „shura‟ for governance. “They govern with mutual consultation.” The essence of a true
democracy is also consultation.

The governing system of the Righteous Caliphs was the manifestation of this democracy. Today
there is much talk about western democracy, but the aforesaid democracy presented by Islam is
more accomplished. The basic pillars of a true democracy, i.e. consultation, justice, equality and
accountability, are found in the governance of the Righteous Caliphs, Abu Bakar, Umar, Usman
and Ali.

Presently, the UK and the US are regarded as the pioneers of western democracy. Are their rulers
questioned so openly and bluntly by the common men in public places as the aforesaid caliphs
used to be? Nowadays in a democratic system, the rulers are elected through votes and the
candidates offer themselves for their election, utilising all kinds of sources for winning elections
while none of the rightful caliphs offered himself for election. Each was selected by a majority of
the people, after the proposal of their names by other people. Neither did they display any desire
nor made an attempt to win their elections.

Furthermore, their deeds verify the highest democratic values in governance which are extinct
today in the governance of so-called democratic rulers. The day after his election as the caliph,
Hazrat Abu Bakar came out with pieces of cloth on his shoulder to sell, because before his
caliphate, this had been his source of income. Hazrat Umar met him on the way and asked,
“What are you doing?” He replied, “I have to support my family.”

The right of criticism and freedom of expression before the ruler, which are important features of
democracy, were evident in the governance of these caliphs. Hazrat Salman Farsi, a respected

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companion of the Prophet (PBUH), questioned Caliph Umar in a public gathering, asking why he
had taken two sheets while everyone else got a single sheet from the spoils. Hazrat Umar
instantly called his son Abdullah who clarified the position of his father by replying that he had
given his sheet to his father due to his tall height.

Hazrat Usman had to face very severe criticism by the people during his caliphate, but he did not
attempt to stop them by any means; rather, in reply to their criticism he always clarified his
position publicly. Hazrat Ali as the caliph tolerated the extreme abuses of the Khawarij.

Once the caliph saw a Jew selling his lost chain armour in the market. Being the ruler, he did not
snatch his armour from that person but submitted his complaint in the court of a judge. The judge
asked for the evidence and Hazrat Ali produced the evidence of his son, Hasan, but the judge did
not accept this evidence as the latter was the son of the caliph, and gave judgment against the
caliph. The Jew, observing this rare example of justice, accepted Islam at Hazrat Ali‟s hands.

Today, out of the aforesaid examples, can any ruler of a democratic state present such an
example? The leading pioneer of India‟s independence, Mahatma Gandhi, had once said that he
wanted such a democratic state whose ruler followed in the footsteps of Hazrat Umar. Famous
jurist Armanus Von Marie had confessed that Islam was the only religion among the universal
religions to have democracy for its system of governance.

It may be rightly said that the true democratic government established during the early period of
Islam had been that of the Righteous Caliphs. However, it has been a sad aspect of Muslim
history that such an ideal rule concluded after the martyrdom of Hazrat Ali. It was succeeded by
monarchy and despotism with the exception of the three-year rule of Umar Bin Abdul Aziz
amongst the Umayyads, who wanted to revive the same justice, equality and accountability as
found in the rule of the Righteous Caliphs.

Thereafter the system of governance prevailed on the same track of the preceding Umayyad
rulers, subsequently succeeded by the Abbasids, and then successive rulers in the Muslim world
who were either absolute monarchs or dictators, although a few of them individually established
justice and equity in their governance. Nevertheless, the system remained undemocratic, which
the Muslim world at large still has to contend with.

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In conclusion, it may be said that Islam had been the pioneer of democracy, but its followers in
general have forgotten their own values along with the democratic system of governance. Now
vast swathes of Muslim lands exist under absolute monarchies or despotic rulers. It is an irony of
history that contemporary Muslim political thinkers and intellectuals, too, should now begin to
see western democracy as a model.

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Miscellaneous

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The concept of justice


Asghar Ali Engineer

LAST month in Vienna there was a seminar on multiculturalism and religious pluralism. Among
other issues a discussion was held on the concept of justice. What is justice, it was asked, and
participants gave their opinions.

Among the participants were professors of philosophy, sociology, political science, as well as
theologians and rights activists. It was an interesting discussion but there was no consensus as
usual as to what justice is. I, too, gave my opinion and said that Plato had recorded for us the
discussion Socrates had with his young disciples on justice and when no one could give a
satisfactory definition, he (Socrates) concluded that justice is what the powerful think justice is
and we have the famous saying „might is right‟.

There has been no change till today in this definition of justice by Socrates as justice plays itself
out on the world stage. Even in the 21st century it is the mighty who decide what justice is.
America is the most powerful nation in the world today and if America decides justice lies in
invading Iraq or Afghanistan, the whole world endorses it as a just action. Even the UN Security
Council endorses it almost unanimously.

Some whimpers of protest are naturally ignored. Our modern and civilised world has not gone a
centimetre ahead of the classical definition and yet justice seems to be a most important value in
the world today. But do we then have to live with Socrates‟ definition even today when we claim
we have progressed so much? Weaker sections can only dream of getting justice; or will they
ever get justice?

In Islam, justice is a most fundamental value; it connotes one of Allah‟s names also. Allah‟s
name is Aadil (Just). The Quran repeatedly emphasises justice and even goes to the extent of
saying justice is closest to piety (taqwa) and so “do justice”, it commands, as it is closest (aqrab)
to piety. But many of our theologians think piety lies in offering prayers and fasting alone
whether it results in just conduct or not. They say all Islamic laws are most just but then differ,
like others, on the definition of justice.

Take for example, the question of justice and multiple wives. The Quran permits polygamy but
verse 4:3 emphatically says, “If you fear you cannot do justice, then (marry) only one”. It is a

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different thing that for our jurists the number (four wives) is more important than justice which
the Quran actually emphasises. Generally when a man takes more than one wife the only inquiry
made is whether he has less than four wives and not whether he would be able to do justice
between them.

Also, if at all inquiry on this line is made, the question arises what is just treatment amongst
wives? Generally it is thought giving equal maintenance and allotting equal time to all wives
constitutes „justice‟. But there is no unanimity on this concept. The Mu‟tazila theologians (who
are considered rationalists) maintain that equal maintenance and equal time cannot constitute
justice and going by verse 4:129 equal love is also necessary which is not humanly possible.

In doing justice, the context also plays a role. It could be social, political, economic and also
depends on the kind of social structure one has. For example, in a tribal society equal retaliation
is considered meeting justice. The Quran calls it qisas (retaliation in equal measure) and since
Arab society was tribal in structure it declared al-hayat fi‟al-qisas) i.e. life consists of retaliation
(in equal measure). Many theologians ignore the context and declare it as an eternal principle of
justice. If we ignore the context, justice may become injustice. Today, when human rights and
dignity are of great importance, such tribal retaliation would be unjust.

We should not be under the impression that the Quran pronounces retaliation as an eternal
principle of justice. Not at all. Many Islamic scholars assert that it was in the context of that
tribal society, and as an accepted (ma‟ruf) principle that the Quran had approved of it; otherwise
it considered pardoning as a higher principle and instructed believers not to insist on qisas. Most
Islamic countries have since abolished the law of retaliation and adopted other forms of
punishment more in keeping with the principles of human dignity today. Thus it will be seen that
context plays a very important role in dispensing justice.

It is for this reason that while principles and values remain unchanged, the law must constantly
evolve so as to be as close to these eternal principles and values as possible. Many tribal societies
of yore have changed into modern democratic societies today and so laws framed for tribal
societies cannot remain static and if one insists, as many theologians often do, they will result in
injustice violating the very fundamental principles of the Quran. And this is what is causing
widespread gender injustice in many Muslim societies today.

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Principles and values are much more fundamental than the laws framed in the past when the
concept of justice was very different from what it is today. In the past weaker sections of society
were treated very differently to meet the ends of justice but today it would be considered
undignified and against the principle of human rights and human dignity. Today if we want to do
gender justice many old laws will have to be re-examined as they have become unjust by today‟s
standards of justice.

Thus the concept of justice evolves with time, though the most powerful may think even today
that what they believe is justice is, in fact, justice.

Justice pivotal to Islam


THE concept of justice is very fundamental in Islam. The Quran advocates it unequivocally.

Surah 5, verse 8 says “O you who believe, be upright for Allah, bearers of witness with justice;
and let not hatred of a 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 significance of this verse cannot be
lost on Muslims.

Justice, in fact is a most fundamental value in Islam and from it also derives one of Allah's
names (Adil), meaning Just. Those who believe in Allah cannot deny the role of justice in human
life. Justice is so fundamental a Quranic value that it must be done even with one's enemy.
Enmity with a person or a community must not come in the way of dispensing justice.

Among Arabs siding with one's own qaum (tribe, nation) was the norm. They would side with
their own tribe even if it was in the wrong. Therefore, the Quran upheld justice, not Arab tribal
norms. It is indeed very surprising that at the time and in that society where everything was
based on tribal practices, the Quran came out with universal norms which have been accepted
only in modern times.

Adl and qist are two words repeatedly used in the Quran, and both mean justice. Islamic
jurisprudence is also based on this central, social value, be it marriage, divorce, inheritance or
criminal laws. Some punishments for certain crimes may appear very harsh and Muslim jurists
have differed regarding their application but they all agree that the ends of justice must be met.
An innocent person cannot be punished on mere suspicion.

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Even in the matter of polygamy, justice is central, not the number of wives. There are two verses
in the Quran for polygamy, 43 and 4129. Both emphasise justice, especially verse 4129, which
says you cannot do justice even if you want and do not leave her (the first wife) suspended.
However, jurists were so overwhelmed with their social ethos and cultural values that, while
paying lip service to justice in matters of multiple marriages, they made the number of wives
central rather than the concept of justice.

In modern times it was only after the advent of socialism and socialist philosophy that justice to
weaker sections became important, but the weaker sections did not acquire the status and dignity
they deserved in a modern capitalist society. The Quran treats weaker sections with full dignity
and requires that justice be done to them. Those who do not give their due to orphans, widows
and the poor are beliers of din, faith (see chapter 107).

Weaker sections are referred to in the Quran as mustadifin and the ruling classes or the powerful
are known as mustakbirin. The Quran makes it clear that its sympathies are with mustadifin and
not with the mustakbirin. It even says that the mustadifin will rule over this earth and will inherit
it (see 285). The Communist Manifesto talked of the 'dictatorship of the proletariat' but the
Quran, more than 1,400 years ago, spoke of the rule of weaker sections of society, though not of
dictatorship because dictatorship leads to injustice, and power can easily lead to injustice.

Today the Islamic world is far from this Quranic ideal. Even personal laws are no more just.
What was just in the eighth and ninth centuries when these laws were formulated are no more
just today when the concept of justice has greatly expanded and includes human rights as well.
Thus, to be in the spirit of the Quran these matters have to be rethought.

One hardly finds social or political justice in Muslim societies today. Rulers tend to be
undemocratic and dictatorial and human rights are treated with contempt and denounced as
'western' in origin and not acceptable to Islam. Most Muslim countries are still in feudal or semi-
feudal eras, and the prevalent concept of justice there tends to be feudal in orientation. The
Quranic concept of justice transcends both tribal and feudal eras. It is universal in nature.

Today, Islam tends to be mainly worship-oriented i.e. limited to certain prescribed rituals like
prayers, fasting, charity and Haj. In fact these acts of worship also carry the deep imprint of
equality, human dignity and justice but in the case of Muslims they become devoid of any
spirituality and social message. Allama Iqbal rightly pointed out that we could construct mosques

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with all enthusiasm in one night but hearts are old sinners and after years of prayer remain
devoid of the spirit of prayer.

Is `ijtihad` a closed deal?


Asghar Ali Engineer

AFTER the recent fatwa from Dar-ul-Uloom, Deoband, (some deny that a fatwa was issued)
saying that a Muslim woman cannot work with strange men and if she did her earnings would be

haram (prohibited), a debate is raging on the need for ijtihad (reinterpretation of Sharia laws).

It is suggested that the doors of ijtihad that were closed after the sack of Baghdad in the year
1258 must be reopened. It must be pointed out here that there is no church in Islam; thus, there is
no single authority which can issue its diktats to keep the practice of ijtihad closed or to reopen
it. When Ibn Taymiyyah issued the fatwa on jihad after the sack of Baghdad he went against his
Hanbali school and gave the fatwa based on his own authority. The Hanbali school requires
submission to the ruling authorities.

Let us also point out that ijtihad has been part and parcel of the process of lawmaking in Islam.
The root meaning of ijtihad (derived from jahada) is to strive, to make an effort. Ijtihad is the
process whereby a scholar makes his utmost intellectual effort to understand a new phenomenon
and find a solution to it that is acceptable to Islam.

Technically, ijtihad was first applied by Maadh bin Jabal, who was appointed as the governor of
Yemen by the Prophet (PBUH) of Islam. When asked how he would govern when he did not find
a clear ruling in the Quran or the Sunnah, he said “Ana ajtahidu”, i.e. “I will strive” (to
understand the problem myself and find a way out). The Holy Prophet approved of this
reasoning.

All great imams and founders of different schools of Islamic law practised ijtihad to arrive at
solutions of various problems they confronted in their own time. The word fiqh, which is often
used for Islamic jurisprudence, also means to know, understand and comprehend. Hence fiqh
became an integral part of Islamic jurisprudence; experts of Islamic law are referred to as faqih.

The process of lawmaking in Islam has been most dynamic and spread over nearly six centuries.
It represents one of the greatest lawmaking ventures in human history.

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When Islam spread to non-Arab cultures in Asia and Africa, the ulema were faced with new
problems and often baffling challenges. They exerted themselves intellectually and tried to find
solutions in the light of Quranic pronouncements and values and the sunnah of the Prophet. They
also invented useful tools like qiyas (analogical reasoning) and ijma, i.e. consensus among
experts.

Why were these tools necessary? Because often the ulema could not find solutions directly in the
Quran and the Sunnah to the problems that arose in their respective times. The process of
lawmaking had begun right in the beginning when conquests brought Muslims face to face with
new problems and varying social practices. Thus, the dynamic spirit of Islamic law was suffused
in the very process.

It never ignored objective conditions and new situations that arose from time to time in societies
that were not Bedouin and tribal (in which Islam was born). The stagnation in the process of
ijtihad was not because of the sack of Baghdad but a result of stagnation in Muslim societies
after the sack.

A new process of change began again during colonisation of Muslim lands when Islamic thinkers
came, once again, face to face with modernity. Modernity posed new challenges before them and
many great Islamic thinkers rose to the occasion and began to reformulate specific injunctions.

There were shining examples of brilliant thinkers, like Muhammad Abduh who rose to be the
grand mufti of Egypt. He issued a series of new fatwas on postal saving interests, a fatwa for
South African Muslims allowing them to eat meat of permissible animals slaughtered by
Christians, the necessity for modern education and so on. He was one of the most dynamic
thinkers of the 19th-20th century. Rashid Raza, his disciple, though not as bold, continued his
work.

Sir Syed Ahmed Khan (and his team) in India also did commendable work during the 19th
century. His commentary on the Quran is a seminal contribution and represents the dynamic
spirit of ijtihad and fresh theological thinking. But unfortunately he had to discontinue writing
after facing stiff opposition from conservative ulema. What we have of his commentary (which
was not available earlier) has been republished by the Khudabakhsh Library, Patna, in two
volumes.

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Sir Syed's work was continued by great scholars like Maulvi Mumtaz Ali Khan, Maulvi Chiragh
Ali and several others who once again infused a dynamic spirit in Islamic law. So what is needed
today is solid scholarship and intellectual courage to break the stagnation of Islamic law instead
of lamenting that ijtihad is a closed deal. It is not; it must be undertaken to address the many new
issues Muslim societies are facing today.

From jihad to ijtihad


'JIHAD', with its imbued wrong meaning, became a notorious word in the West after 9/11.
Terror now has an overwhelming presence in parts of the Muslim world, including Pakistan,
Afghanistan and Iraq. Violence there seems at times to be out of control as it is Muslims
themselves who are targeted by terrorists.

The ulema have repeatedly condemned suicide bombing and terrorism as un-Islamic. Several
consultations and conferences of ulema from different parts of the Islamic world have been held
to make it clear that violence has no place in Islam. Last month prominent ulema from several
Islamic countries from Senegal to Indonesia gathered at Mardin, Turkey and unanimously
rejected the medieval fatwa known as the Mardin fatwa issued by Ibn Taymiyyah, saying it has
no place in the contemporary globalised world which respects faith and civil rights.

The Mardin fatwa was quoted by Osama bin Laden to justify his terrorist attacks. Followed by
this, on April 12, the highest religious Saudi body denounced terrorism. This body issued a fatwa
denouncing all acts of terrorism and even criminalised its financing. Those who finance such acts
are also part of the crime, it said. Thus terrorists cannot find any justification in Islam for their
acts. Their very support base has been knocked off.However, one can hardly expect much impact
of such fatwas on terrorists, though they would certainly help wean away those Muslims from
terrorists who justify such attacks on the basis of their religion. This is not a small achievement.

Our attention must now shift from 'jihad' to 'ijtihad', which means to strive intellectually to
comprehend problems facing the Islamic world and find their solutions in keeping with the basic
principles and values enshrined in the Quran. Ijtihad has been called by many scholars, including
Allama Iqbal, the dynamic spirit of Islam and Islamic law.

Ijtihad was very much a living process in early Islam; its gates were shut, many scholars
maintain, around the time of the sack of Baghdad in 1258 by Mongol hordes. Ironically, it was

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half a century after that when Ibn Taymiyyah, defining his own Hanbali school of law, issued his
fatwa on jihad. Thus the gates of ijtihad were closed and those of aggressive jihad flung open.

Now that jihad in its new incarnation as terrorism is being denounced by all prominent ulema of
the Islamic world it is time the practice of ijtihad was opened and a fresh approach developed to
solve the many legal and social problems affecting Muslim societies today. Blind imitation and
stagnation have become the bane of Islamic law. While changes are taking place in the world
around us, we continue to imitate the pre-1258 jurists in the religio-legal field.

We are unable to think afresh and derive inspiration from the Quran. We keep on quoting only
certain imams and medieval authorities who have become more sacrosanct for us than the Holy
Quran. I propose a few basic steps in developing a fresh approach and throwing open the gates of
ijtihad.

Firstly, at least a few ulema and Muslim intellectuals (and there are many who have been trained
in the traditional Islamic literature of tafsir, hadith and jurisprudence and who feel the need for
change) must show courage and come forward to develop a fresh approach, defying powerful
vested interests manning the religious establishment as it were.

Secondly, we must transcend all existing schools of Islamic law and develop a unified law
applicable to all Muslims. This will also give greater meaning to the otherwise hollow slogan of
Islamic unity. It does not mean that we reject all provisions of existing schools of law but that we
select from all these that which is best in them and in keeping with the Quranic principles and
values.

Thirdly, a new ijma (consensus) should be developed on issues that are peculiar to our age and
time. If the ulema could do it in the first three centuries of Islam, why not us today? The past
ulema's ijma was limited to their own school; today in a globalised world a much wider
consensus across all Islamic schools of thought will have to be developed. Modern means of
information and communication technology have made it much easier.

In medieval Islamic jurisprudence they used qiyas (analogical reasoning) and ijma, and both are
intellectual instruments to solve legal problems. Why can't we develop new analogies on a global
scale today? What passes on as divine in the Sharia law is nothing but local, culturally embedded

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elements and practices, particularly of the Arab and Persian cultures, as they existed centuries
ago.

We must transcend all such elements and, like the Quran itself, develop a more universal outlook
whilst formulating Sharia laws for our own time. While the sources of Sharia cannot change,
Sharia laws must change based on the enshrined principles of ijtihad and ijma for them to be
responsive to the needs of Muslims today.

NICS, LAHORE (NATIONAL INSTITUTE FOR COMPETITIVE SERVICE)


PLOT 107, ALI BLOCK, GARDEN TOWN, LAHORE
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