Friday Features (Dawn) - Page 31

Predator · #**301** Saturday, February 06, 2010

The principle of modesty

By Dr Riffat Hassan
Friday, 05 Feb, 2010

The Quran asks both men and women to ‘lower their gaze’ and be ‘mindful of their chastity’.

IN the context of proper attire and conduct, the Quran lays down one basic principle, namely, modesty which is stated in Surah 24: 30-31: Tell the believing men to lower their gaze (avoiding its concentration on a person’s body, or a certain part of it) and to be mindful of their chastity; in this they will be more considerate for their own well-being and purity, and surely God is fully aware of all that they do.
And tell the believing women to lower their gaze (avoiding its concentration on a person’s body, or a certain part of it) and to be mindful of their chastity, and not to display the charms of their bodies (in public) beyond what may (decently) be apparent thereof; hence, let them draw their head-coverings over their bosoms.

And let them not display (more of) their charms to any but their husbands, or their fathers, or their husbands’ fathers, or their sons, or their husbands’ sons, or their brothers, or their brothers’ sons, or their sisters’ sons, or their womenfolk, or those whom they rightfully possess, or such male attendants as are beyond all sexual desire, or children that are as yet unaware of (the physical attractions of) women’s nakedness; and let them not swing their legs (or other actions in their walking) that may aim to draw attention to their hidden charms.

The injunctions in the cited passages are discussed briefly below:

Lowering of gaze: The Quranic injunction enjoining the believers to lower their gaze and behave modestly applies to both Muslim men and women. There are no Quranic statements which justify the extremely rigid restrictions regarding segregation and hijab which have been imposed on Muslim women by some societies or groups like the Taliban. If the Quran intended for women to be completely secluded and covered from head to foot, why would it command the men to “lower their gaze”?

Dress code for both men and women: Dr Fathi Osman has pointed out that “modesty is required in the outdoor dress of both Muslim women and men”. In his view, “All the points of special attraction in the male body have to be covered, and displaying the muscles or most of the body merely for attraction is against a man’s mindfulness of chastity and decency and extends the temptation for evil-doing.” What may ‘decently’ be apparent in the case of women: Elaborating on this point, Muhammad Asad states: “My interpolation of the word ‘decently’ reflects the interpretation of the phrase illa ma zahara minha by several of the earliest Islamic scholars, and particularly by Al-Qiffal (quoted by Razi), as ‘that which a human being may openly show in accordance with prevailing custom (al-adah al-jariyah)’.

The pivotal clause in the above injunction is the demand addressed in identical terms to men as well as to women, to ‘lower their gaze and be mindful of their chastity’: and this determines the extent of what, at any given time, may legitimately, i.e. in consonance with the Quranic principle of social morality, be considered ‘decent’ or ‘indecent’ in a person’s outward appearance.” Expressing a similar view, Dr Fathi Osman states: “The prominent commentators reflected … flexibility in their commentary on the verses 24:30-31. Al-Fakhr al-Razi stated that what should be covered is left to the prevailing custom, while al-Zamakshari left it to the custom and nature. Al-Wahidi and Ibn Atiyya allowed half of the arm to be uncovered, while al-Nisaburi allowed the uncovering of the arm to the elbow. Ibn Hayyan, in addition to considering custom and nature in what may be uncovered, considered the needs of poor women.” Drawing khimar over the bosom: Muslim women are enjoined to draw their khimar over their bosoms.

Explicating what khimar denotes, Muhammad Asad states: “The noun khimar (of which khumar is the plural) denotes the head-covering customarily used by Arabian women before and after the advent of Islam. According to most of the classical commentators, it was worn in pre-Islamic times more or less like an ornament and was let down loosely over the wearer’s back; and since, in accordance with the fashion prevalent at the time, the upper part of a woman’s tunic had a wide opening in the front, her breasts were left bare. Hence, the injunction to cover the bosom by means of a khimar (a term so familiar to the contemporaries of the Holy Prophet [PBUH]) does not necessarily relate to the use of a khimar as such but is, rather, meant to make it clear that a woman’s breasts are not included in the concept of ‘what may decently be apparent’ of her body and should not, therefore, be displayed.” Provocative gait: In keeping with the general law of modesty, Muslim women are instructed not to walk in such a way as to attract unnecessary attention. Muhammad Asad has pointed out that the expression “yadribna bi-arjulihinna … alludes to a deliberately provocative gait.”

¦ The writer is professor emerita at the University of Louisville, US, and a scholar of Islam and Iqbal. rshass01@gwise.louisville.edu

Predator · #**302** Friday, February 12, 2010

Muslim women and change

By Asghar Ali Engineer
Friday, 12 Feb, 2010

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.

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.

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.

The writer is an Islamic scholar who heads the Centre for Study of Secularism & Society, Mumbai.

Predator · #**303** Friday, February 19, 2010

The concept of honour

By Dr Riffat Hassan
Friday, 19 Feb, 2010

VIOLENCE seen against women in Muslim cultures is rooted in the concepts of ‘honour’ and ‘shame’. In his essay on Honour and shame among the Bedouins of Egypt, A.A. Zeid states: “Of all the value concepts employed by the Bedouins of the western desert of Egypt, those of ‘honour’ and ‘shame’ are the most vague, most complicated and most difficult to grasp and to analyse.”

He points out that Egyptian Bedouins have a separate word for ‘honour’ that is used in the context of women: “This exclusive term, ‘ird’, is rather difficult to translate, for it is used only in connection with female chastity, prudence and continence.”

B. Fares, in his comprehensive study of family honour among pre-Islamic Arabs, describes ird as follows: “Ird from its etymology seems to be a partition which separates its possessor from the rest of mankind. This partition is certainly fragile since it was easily destroyed ... (In the jahiliyya period) ird was intense and of momentous importance; besides, it was the guiding motive in the acts and deeds of all the Arabs except those of Yemen ... on account of its sacred nature, it was entitled to take the place of religion; the Arabs put it in the highest place and defended it arms in hand.”

The writer asserts, “Among the modern Bedouins we still find ird with all its pre-Islamic force ... the use of the term ‘ird’, in its traditional sense, though less rich in meaning, has continued, keeping its sacred character and its relation with insult. In the present day, the meaning of the word has become restricted, in Transjordania it is associated with the virtue of a woman or even with her beauty. In Egypt, the ird of a man depends on his wife’s reputation and that of all his female relatives.”

The pre-Islamic Arabs, living in a state of constant warfare with their inhospitable environment and each other, were insecure in many ways. They were particularly fearful of a girl or woman from their tribe or group being captured and molested. This would bring shame to them, affecting their ird, and they would become duty bound to avenge the wrong done. In the opinion of A.A. Zeid, “ird once lost cannot be regained” but according to Peter C. Dodd, “ird does not have this all-or-none quality and though it may take generations to restore, yet ird may be regained”.

Whatever be the case it is clear that a very strong connection existed in the Bedouin mind between male honour and female chastity. To quote A.A. Zeid once again: “In a paternalistic society like the Bedouins’ where the male occupies a dominant social position in all aspects and activities of life, it is only natural that the honour of the group is determined primarily by the behaviour and achievements of the men rather than the women. Nevertheless, the woman can, and indeed does, play a conspicuous part in determining the honour of her family and lineage in a unique and decisive way that cannot be ignored or minimised … The woman’s own conduct in daily life bears heavily on the honour of her people … this is the clearest with regard to her sexual activities and especially her chastity.

“The Bedouins do not impose sexual segregation but they do respect severe rules for the behaviour of one sex towards the other. Deviation from these rules results in the murder of the offender. Thus a girl with a bad reputation may disappear suddenly from the camp. Everyone guesses what has happened to her, but no one speaks about it, let alone approaches the authorities. Rape on the other hand is considered a more humiliating offence than homicide.

“The offender himself is usually killed in retaliation ... Yet this is not regarded as sufficient to wipe out the shame. The girl herself is therefore killed, especially if it is thought that intercourse took place with her consent and her disgraced kinsmen usually desert traditional homeland and migrate in a voluntary exile in a region where no one knows about their ird.”

It is important to note that the term ‘ird’ does not appear in the Quran. Nevertheless, just as in the case of the Bedouins, many Muslim men’s concept of ‘honour’ revolves largely around the orbit of female chastity, and they do not react differently from the Bedouins to instances of ‘dishonour’.

Though a linkage is seldom made between female infanticide in pre-Islamic Arabia and honour killings in present-day Muslim societies, a deeper analysis of both suggests that they are similar in some ways. Both are examples of domestic violence though this term is relatively new and was not in usage in pre-Islamic Arabia.

One of the main reasons why some pre-Islamic Arabs killed their daughters at birth was their apprehension that these offspring were a potential threat to their honour. Fear of shame and loss of honour also play a pivotal role in the commission of many honour-related crimes. According to Amnesty International, “The number of honour killings is on the rise as the perception of what constitute honour … widens”.

The writer is professor emerita at the University of Louisville, US, and a scholar of Islam and Iqbal. rshass01@gwise.louisville.edu

Predator · #**304** Friday, February 26, 2010

Mohammad the liberator

By Asghar Ali Engineer
Friday, 26 Feb, 2010

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 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.

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).

The writer is an Islamic scholar who heads the Centre for Study of Secularism & Society, Mumbai.

Predator · #**305** Friday, March 05, 2010

Islam’s sources of knowledge

By Dr Riffat Hassan
Friday, 05 Mar, 2010

SURAH 96, verses 1-5, the first revelation received by Prophet Muhammad (PBUH), links divine bounty to the human ability to read, write and to know.

The passage states, “Read in the name of your Sustainer, who has created — created man out of a germ-cell. Read — for your Sustainer is the Most Bountiful One, Who has taught (man) the use of the pen; taught man what he did not know.”

Thus, knowledge has been at the centre of the Islamic worldview from the outset. The Quran recognises multiple sources of knowledge amongst which the following are particularly important: revelation, sense perception, history, reasoning and intuition.

Revelation is God-given knowledge which Muslims believe is enshrined in the Quran, the highest source of knowledge and authority in Islam. Sense perception is knowledge gained through one’s senses. Referring to the Quran’s empirical attitude reflected in its emphasis on the observable aspects of reality, Iqbal stated that nature, described by the Quran as a sign of God, stands in the same relation to God as character does to the human self. In his view, “Scientific observation of nature keeps us in close contact with the behaviour of reality, and thus sharpens our inner perception for a deeper vision of it.... The scientific observer of nature is a kind of mystic seeker in the act of prayer.”

Classical Greek knowledge, which constitutes a significant part of the western civilisation’s intellectual foundation, was contemptuous of sense perception. However, as Iqbal stated, the Quran “sees in the humble bee a recipient of Divine inspiration and constantly calls upon the reader to observe perpetual change of the winds, the alteration of day and night, the clouds, the starry heavens and the planets swimming through infinite space.”

History, to which the Quran refers as ‘the Days of God’, is the third source of knowledge. As Iqbal pointed out, “It is one of the most essential teachings of the Quran that nations are collectively judged and suffer for their misdeeds here and now. In order to establish this proposition, the Quran constantly cites historical instances, and urges the readers to reflect on the past and present experience of mankind.”

For instance, the following two verses refer to the lessons that can be learnt from history: “Of old did We send Moses with Our signs, and said to him: ‘Bring forth your people from the darkness into light, and remind them of the Days ofGod’. Verily, in this are signs for every patient, grateful person.” (14:5); And then: “Already before your time, have precedentsbeen made. Traverse the earth then and see what has been the end of those who falsify the signs of God.” (3:137)

Reasoning generally refers to the discursive faculty or logical understanding by means of which theoretical (deductive) and empirical (inductive) knowledge is acquired. The Greeks had regarded reasoning as that which differentiated humankind from animals. But according to the Quranic narrative (2:31-34), “Adam is accorded superiority even over celestial creatures because he has the ability to name things which they do not have”.

Citing the above-mentioned verses, Iqbal observed: “The point of these verses is that man is endowed with the faculty of naming things, that is to say, forming concepts of them, and forming concepts of them is capturing them. Thus the character of man’s knowledge is conceptual and it is with the weapon of this conceptual knowledge that man approaches the observable aspect of reality.”

Intuitionis a mode of knowledge in which a direct revelation is made to the mind similar to a direct revelation made to the eye when it sees a physical object. In Quranic terms, intuition is called fuad or qalb, andmystics often refer to it as the ‘heart’.

The noted scholar R.A. Nicholson pointed out that though qalb is connected to the physical heart in some mysterious way, it is not a thing of flesh and blood but “is rather intellectual than emotional … whereas the intellect cannot gain real knowledge of God, the qalb is capable of knowing the essences of all things, and when illuminated by faith and knowledge, it reflects the whole content of the divine mind, hence the Prophet said, ‘My earth and my heaven contain me not, but the heart of my faithful servant contains me’.”

Iqbal believed that God was known through an intuitive or mystic experience, and said: “The heart is a kind of inner intuition or insight which, in the beautiful words of Rumi, feeds on the rays of the sun and brings us into contact with aspects of reality other than those open to sense perception. It is, according to the Quran, something which ‘sees’ and its reports, if properly interpreted, are never false. We must not, however, regard it as a mysterious special faculty; it is rather a mode of dealing with reality in which sensation in the physiological sense of the word does not play any part. Yet the vista of experience thus opened to us is as real and concrete as any other experience.”

The writer is professor emerita at the University of Louisville, US, and a scholar of Islam and Iqbal. rshass01@gwise.louisville.edu

Predator · #**306** Friday, March 12, 2010

Justice central to Sharia law

By Asghar Ali Engineer
Friday, 12 Mar, 2010

MOST of our ulema insist that Sharia law is divine and hence there is no question of any flexibility in its application. It is supposed to be immutable. This does not bear scrutiny though.

Imam al-Shatibi, a Spanish imam of great eminence in the 13th century, discusses in his writings on the Sharia in Al-Maqasid al-Sharia as well as Al-Masalih al-Sharia the purposes and welfare of Sharia laws. The law is obviously devised to serve certain purposes and is meant for the welfare of the people. If it becomes rigid it can neither serve the purpose nor can it aim at the welfare of the people. Even Imam Ghazali who tends to be orthodox in his views, always discusses the purpose behind every Sharia provision.

The Quran says in verse 5:48 that we have appointed a law and a way for everyone, which means that the Sharia is supposed to serve the purpose of every community and it has to keep the welfare of various communities in mind. There is unanimity among the ulema that customary law (adaat) also becomes an integral part of Sharia law. That is why Arab customary law (Arab aadat) became an integral part of the Islamic Sharia. If Arab customary law had not become part of the Sharia it would not have been acceptable to Arabs.

When Islam spread to different parts of the world the local customary laws also became part of Islam in their respective cultures. In Indonesia a great controversy erupted among the ulema whether Indonesian customary law should be part of Islam, and a majority of the ulema accepted Indonesian customary law as part of Islam as practised in that country.

It was for this reason that in early Islam a provision was made for ijtihad (creative interpretation through utmost intellectual exertion). Allama Iqbal called ijtihad the dynamic spirit of Islam. However, our ulema closed the doors on ijtihad in the 13th century. And Sharia law has become stagnant ever since, because this law was based on ijtihad up to that point in time. The argument given by the ulema for not undertaking ijtihad was that no one was qualified to do so anymore. However, the fact is that the real reason for abandoning ijtihad is the stagnation of society that has prevailed since then.

As time passes new challenges arise, and it is only the spirit of ijtihad which can keep the Sharia dynamic and enable it to meet new challenges. A stagnant law becomes a burden for the people rather than resulting in their welfare. That is why reform movements became necessary from time to time. In the 19-20th centuries radically new situations arose and many eminent Islamic thinkers launched reform movements. Jamaluddin Afghani, Mohammed Abduh, Sir Syed Ahmad Khan and Mohammed Iqbal were among them.What is most important in the Sharia is the principles and values given by the Quran. If we keep that in mind and protect these principles and values the real spirit of Sharia would not be injured even if certain necessary changes were made to applicable laws. However, we have often ignored these principles and values and made mediaeval formulation more central and rigid in their application. It was like throwing the baby out with the bathwater.

Among the Quranic principles and values justice is most important. Justice is the very basis of Sharia law. If we protect the mediaeval formulations rather than the Quranic value of justice, it will result in more injustice, thus defeating the very purpose of Sharia law. One of the examples is polygamy. The Quran permitted polygamy subject to the rigorous condition of doing equal justice to all four wives; and the Quran also made it clear in verse 4:129 that even if one wanted to, one could not do justice.

Despite such a rigorous condition of justice, somehow the number of four wives became more important than the value of justice. It is only in modern times that some Muslim intellectuals are emphasising justice rather than the number of wives that can be taken at a time. But even today conservative ulema think that marrying up to four wives is a man’s privilege even if it seriously injures the value of doing justice to all four, which the Quran says is not humanly possible.

Some even go to the extent of saying that it will promote prostitution if a man is not allowed to marry up to four wives. Many more examples can be given wherein orthodox formulations have become more important than the value of justice in the Quran. Justice should be restored to its central position in the application of Sharia law. This is only possible when the Sharia is not treated as a stagnant law and Muslim intellectuals come forward to attempt comprehensive ijtihad.n

The writer is an Islamic scholar who heads the Centre for Study of Society & Secularism, Mumbai.

Predator · #**307** Friday, March 19, 2010

Attitude towards girl child

By Dr Riffat Hassan
Friday, 19 Mar, 2010

BEFORE the advent of Islam, many girl children in Arabia were denied the most fundamental right to live. As stated by Muhammad Asad, “The barbaric custom of burying female infants alive seems to have been fairly widespread in pre-Islamic Arabs.”

The Quran itself refers to this heinous practice in two specific passages. The first reference is in the context of each person’s accountability to God on the Day of Final Reckoning. Surah 81, verses 8-9, affirm that on that Day “…the girl-child that is buried alive is made to ask for which crime she had been slain”.

The second reference is in the context of the prevailing beliefs among pre-Islamic Arabs. In Surah 16, verses 57-59, it is pointed out: “They ascribe daughters unto God, who is limitless in His glory — whereas for themselves (they would choose, if they could, only) what they desire: for, whenever any of them is given the glad tiding of (the birth of) a girl, his face darkens, and he is filled with suppressed anger, avoiding all people because of the (alleged) evil of the glad tiding which he has received, (and debating within himself: ) Shall he keep this (child) despite the contempt (which he feels for it) or shall he bury it in the dust? Oh, evil indeed is whatever they decide!”

In the above passage the pre-Islamic Arabs were confronted with the fact that while they referred to their main goddesses, Al-Lat, Al-Uzza and Manat as ‘daughters of God’ and also regarded angels as females, they themselves desired to have only male offspring. Recording a pre-Islamic Arab’s highly negative reaction upon the birth of a girl, the Quran mentions two underlying reasons. Understanding these reasons is necessary for comprehending not only the attitudes towards girl children of pre-Islam Arabs, but also those of many contemporary Muslims. An analysis of both reasons follows.

Economics: The majority of the pre-Islamic Arabs or Bedouins lived in nomadic tribes in the desert where means of subsistence were extremely scarce and supporting many children would be a source of great economic hardship. The Quran sought to allay the Bedouins’ anxiety in 17:31: “… do not kill your children for fear of poverty; it is We who shall provide sustenance for them as well as for you. Verily, killing them is a great sin.”

The socio-cultural milieu: The lives of the Bedouins were highly precarious since they were engaged in a continuing struggle not only with the desert environment, but also with other tribes. In such conditions, the capture or molestation of a girl or a woman by a rival tribe was a likely occurrence. In the Bedouins’ mind the birth of a girl-child created a serious hazard not only in economic terms, but also, and perhaps more importantly, in terms of their sense of honour. If anything untoward happened to a girl-child, it would be a source of deep shame for them.

As pointed out by Muhammad Asad, the Quran regards both alternatives mentioned in 16: 59 as “Evil: to keep the child as an object of perpetual contempt, or to bury it alive,” as was frequently done by the pagan Arabs. This passage, containing as it does an utter condemnation of men’s attitude towards women in pre-Islamic Arabia, has, as is always the case with Quranic references to historical events or customs, a meaning that goes far beyond the specific social phenomenon and the resulting infanticide.”

The Quran abolished female infanticide, but many negative ideas and attitudes regarding girls have persisted in Muslim culture in which daughters are often discriminated against in favour of sons right from birth. Many Muslims do not see the ethical principle implicit in the Quran’s strong condemnation of the killing of daughters, namely, that daughters and sons are to be treated alike.

They tend to ignore the Quran’s protective attitude towards women and its oft-repeated injunction that women be treated with kindness. They also tend to ignore the essence of the teachings of Prophet Muhammad (PBUH) as reflected in popular hadiths such as the following:

“Whosoever has a daughter and he does not favour his sons over her, God will enter him into Paradise.” (Ibn Hanbal:Hadith no. 1957); “Whoever supports two daughters (or two sisters) till they mature, he and I will come in the Day of Judgment on this (and he points with his two fingers).” (Ibn Hanbal: Hadith no. 2104).

Despite the normative teachings of Islam, the birth of a daughter is regarded by many Muslims not as a gift from God but rather as a responsibility, whereas the birth of a son is regarded as a sign of God’s favour and a blessing even though verse 68:14 censures a man who is arrogant on account of having sons. According to Quranic teaching, sons, like other boons granted by God, are a test of faith rather than an indication of merit.

The writer is professor emerita at the University of Louisville, US, and a scholar of Islam and Iqbal.

rshass01@gwise.louisville.edu

Predator · #**308** Friday, March 26, 2010

Islam: the state or civilisation?

By Asghar Ali Engineer
Friday, 26 Mar, 2010

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 [10:49]; 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.

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 (5:48). 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” (5:2).

The writer is an Islamic scholar who heads the Centre for Study of Society and Secularism, Mumbai.

Predator · #**309** Friday, April 02, 2010

Water: a ‘gift of life’

By Mohammad Niaz
Friday, 02 Apr, 2010

WATER is a basic and absolute element of life whose wise use is emphasised in Islamic teachings. It is also a moral obligation on one’s part to conserve water because it is meant to perpetuate life on Earth.

Everything Allah has created is bonded in the philosophy of rendering service to humankind, and life forms are interlinked to maintain a balance; it requires knowledge to perceive the concomitant links. Water is not only indispensable for maintaining the integrity and sustainability of the Earth’s ecosystems and their ecological functions but is equally important for fulfilling the needs of the contemporary world, especially in the face of increased consumption patterns.

Unsustainable use and pollution of waterways affect the quality and quantity of water which will have devastating effects on the survival of human beings and other creatures. From an Islamic standpoint, over-exploitation and misuse of water is termed as transgression against divine design. The protection of all natural resources from abuse is mandatory for believers. Over-utilisation has been discouraged by the Quran, which is reflected in Surah 7, verse 31. It is forbidden to pollute and over-exploit the available resources as referred to a hadith mentioned in Sunan Ibn-i-Maja, Sahih Bukhari, 239.

Islam reckons it is the right of all living beings, people and biotic entities, to utilise these resources. Hence, man should take every measure to ensure the interests and rights of all others because they share the world as a common abode. Prophet Muhammad (PBUH) said: “Muslims are to share in these three things: water, pasture, and fire.” It is related that the Prophet once passed by his companion Saad who was washing for prayer, and said: “What is this wastage, Saad?” The companion asked, “Is there wastage even in washing for prayer?” and the Prophet responded, “Yes, even if you are by a flowing river!”

The Quran is replete with references and emphases on the importance of conserving water, without which the survival of living beings is not possible in this world. Allah has declared water as the basis and origin of life: “We made from water every living thing….” (Surah 21, verse 30). In 50:9-11, water as celestial bliss is mentioned as benefiting gardens, grains, palm trees and reviving the land when it is dead, which requires the just use of this resource. To desecrate it with over-use can amount to defying Allah’s revelations.

Water is a precious gift from Allah, as the Quran says, “Verily ... the rain that Allah sends down from heavens gives life to the earth after its death….” (2:164). Similar references have been made in the 6:99, 22:5, 25:48-49.

Given the indispensable role and status of water in the world it becomes mandatory for human beings to appreciate and express gratitude to Allah for this continued blessing. Surah 56, verses 68 and 70, say, “Have you seen the water which you drink? Was it you who sent it down from the rain cloud, or did We send it? Were it Our will, We could have made it bitter; why then do you not give thanks?” And then, “And He caused rain to descend on you from heavens to cleanse you.…” (8:11). Thus, in Islam water is used for abolition and cleaning the body as the Quran also mentions Surah 5, verse 6. Diversified use of water has been mentioned in 16:10-11.

Allah has also shown us other functions of water in the form of natural lakes, seas and oceans. They provide habitat to millions of species of flora and fauna which play vital roles in sustaining the complex ecological system. “It is He Who has made the sea of service, that you may eat thereof flesh that is fresh and tender, and that you may bring forth from it ornaments to wear, and you see the ships therein that plough the waves, which you may seek of His bounty.” (16:14) Thus it is an obligation to conserve this vital resource to ensure the perpetuation of fundamental functions of life on earth. Water’s misuse amounts to its desecration because it would upset a balanced ecological system which sustains life. This ‘blessing’ needs to be used with gratitude to Allah and with discretion.

The writer is a conservator with the provincial wildlife department, Peshawar.

Predator · #**310** Friday, April 09, 2010

Muslim women and modernity

By Asghar Ali Engineer
Friday, 09 Apr, 2010

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.

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.

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.

[B]The writer is an Islamic scholar who heads the Centre for Study of Society & Secularism, Mumbai.[/B]