Islamic equity funds

By Syed Imad Asad

ISLAMIC finance signifies financial services, mechanisms, practices, transactions and instruments that comply with provisions given in the fundamental Islamic texts. Thus, Islamic finance not only includes banking, but also capital formation, capital markets and all types of financial intermediation.

In recent years, Islamic finance has not only increased in size. It has also become complex as finance professionals compete furiously to produce new Sharia-compliant transactions and instruments. Becoming a segment within the global financial market, it has gained considerable interest as an alternative model of financial intermediation.

However, in the 1980s and most of the 1990s, Islamic finance did not have much of this dynamism. On the asset side, the activities of Islamic financial institutions mainly involved ijara, mudaraba and musharaka. The need for liquidity, portfolio and risk management tools, and derivative instruments was strongly felt, and there were numerous calls for the promotion of financial engineering and the introduction of new products.

Along with other developments, this resulted in the introduction of Islamic equity funds (IEFs). Overall, IEFs have been the most popular among all Islamic investment funds. According to FTSE, IEF assets are forecasted to increase from $15.5bn to $53.8bn by 2010. According to other reports, the assets have already reached $20bn.

The industry is dominated by Saudi Arabian funds and fund managers, accounting for more than 70 funds out of about 300 IEFs globally. In fact, Saudi British Bank’s Amanah GCC Equity Fund was reported as the best performing Islamic equity fund in 2007. On the other hand, Bahrain is becoming the centre for IEF registrations because of the kingdom’s efficient regulatory system. International investment firms with Islamic divisions are focusing on Dubai.

IEFs are different from conventional equity funds because they select their placements on the basis of their compatibility with the Sharia. In order for a stock to be considered Sharia-approved, it must satisfy certain requirements set by Islamic scholars. These standards may differ in different jurisdictions depending upon how strictly the Sharia is interpreted.

However, the basic condition is the same throughout the Muslim world: an enterprise must not conduct business activities prohibited by Islamic texts. These include gambling, alcohol, pornography, etc. Financial ratios (debt-to-equity ratio, cash and interest-bearing securities-to-equity ratio and cash-to-asset ratio) and cleansing mechanisms (to purify investments that are tainted by forbidden activities) are also used by various Sharia boards and authorities.

It must be mentioned that a country may or may not have a national screening body. For instance, in Malaysia, it is done by the Securities Commission; whereas in the Middle East financial institutions prepare their own list of Sharia-approved stocks.

One of the factors that gave an immense boost to IEFs was the introduction of the Dow Jones Islamic Market Index (DJIM) in 1999 as a subset of Dow Jones Global Indexes (DJGI). DJIM Indexes intend to measure investable equities that fulfil Sharia requirements. At present, with more than 70 Islamic indexes (which include regional, country, industry and market-cap-based indexes), it is one of the most comprehensive families of Islamic market indexes.

Other conventional index providers have also entered the field. In 2000, FTSE launched the FTSE Global Islamic Index. Unlike Dow Jones that has an independent Sharia Supervisory Board, FTSE indexes are evaluated by Yasaar Research Inc. In 2006, Standard & Poor’s (S&P) introduced the S&P Sharia Indices, followed by in 2007 the S&P GCC Sharia Indices and the S&P Pan Asia Sharia Indices. S&P has contracted with Ratings Intelligence Partners (RI) to provide the Sharia screens and select the stocks based on these standards.

As reported by the Financial Times, these indexes do not enjoy complete acceptance by Muslims. The screening principle allowing total debt ratios of up to 33 per cent is considered objectionable by some scholars. They claim that it is akin to declaring a kind of food that has a small quantity of pork in it as halal. The indexes maintain that their legitimacy comes from the concerned Sharia authorities. In other words, as long as their Sharia supervisors agree with these practices, the indexes need not change them.

The future of IEFs does not look gloomy at all. However, Muslim scholars need to be careful while interpreting and applying the Sharia. They need to make sure that Islamic principles are properly observed and that they don’t present or accept an un-Islamic idea as Islamic just because there is more profit in it.

http://www.dawn.com/2008/08/15/ed.htm#5

Supremacy of law in Islam

By Sidrah Unis


THE laws of Islam comprise rules of conduct revealed by God to His Prophet, whereby people are directed to lead their lives. Thus, revelation is the source of Islamic law which is available to us in the form of the Quran and the Sunnah of the Prophet.

A unique aspect of Islamic law is that it attributes the authority of making laws to God only. According to Islam, no man or body of men can ever be capable of or allowed to make laws for other men; “.... We have bestowed from on high upon thee, step by step, this divine writ, to make everything clear, and to provide guidance ....” (16: 89)

However, where there is no room for the making of new laws, there is also no prohibition on the innovation, extension, and re-interpretation of the existing laws. This very process is denoted by Ijtehad. It is the method of Ijtehad by which God has enabled Muslim jurists to: (1) make provisions for the developing circumstances; and (2) prove Islam as a system of life practical for all times.

In Islam, unlike the western legal systems, there is no room for the authorities to be immune from the law. Even the head of an Islamic state may be challenged, in both official and private capacity, in the court. Obedience to a ruler for that matter is contingent on his enforcement of Islamic laws. In other words, if the government fulfils the requirements prescribed by the Quran and the Sunnah, its claim to the allegiance of the people becomes absolute. The Prophet said: “A Muslim has to listen to and obey (the order of his ruler), whether he likes it or not, as long as his orders do not involve disobedience (to Allah). But if an act of disobedience (to Allah) is imposed, one should not listen to it or obey it.”

It also becomes evident that the accountability of the ruler of an Islamic state is twofold: (1) he is answerable to God, as power bestowed on him by God is a sacred trust; and (2) to the people who are his subjects.

The office of judge is independent of all executive control and he can exercise his authority without any form of interference from influential quarters. He decides all disputes in the light of the Quran and the Sunnah. Further, a judge is required to be impartial and decide on the merits of the case.

The following statement of the Prophet, which he made while deciding the case of a noble woman who had committed theft illustrates the same: “Verily those who were before you were destroyed because when a noble man from among them committed theft, they passed no sentence on him. By Allah, had Fatima, the daughter of Muhammad, committed theft, I would have cut off her hand.”

The Quran and the Sunnah define the main responsibilities of a judge. The Pious Caliphs issued detailed instructions about the qualification, appointment, and conduct of judges. Letters written by Caliph Ali to his governors regarding the administration of justice in their territories thoroughly explain who should be a judge and what should be the conduct of a judge. Caliph Umar’s case is an example of how unsuitable judicial behaviour must be dealt with. He once had a lawsuit against a Jew. When both parties went before the judge, the latter rose in his seat out of deference to Umar who looked upon the act as an unpardonable judicial weakness and dismissed the judge at once.

http://www.dawn.com/2008/08/29/ed.htm#5

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Gender justice in Islam

By 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?” (81:9). 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 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 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.

The writer is the head of the Institute of Islamic Studies and the Centre for Study of Society and Secularism, Mumbai.

http://www.dawn.com/2008/09/05/ed.htm#5

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No room for fanaticism

By Dr Mahnaz Fatima

Fanaticism has grown in the country to the extent that settled areas in the NWFP and even in Sindh are facing a threat of take-over by obscurantist forces.

When we call these forces “religious extremists” or “religious fundamentalists” we tend to confer a kind of legitimacy on them by associating these trends with some form of religion when the reality is to the contrary.

Islam does not allow indiscriminate killing of innocent people no matter what the reason. Means are important and ends do not justify the means. God allows us to fight against only those who fight us and does not expect us to commit excesses as Allah loves not the ones who commit excesses. Killing one innocent person is like killing entire humanity. God also says that there is no compulsion in religion. And, God allows a great deal of freedom of expression and individual action.

He could have decreed and all would have fallen in line. But, this is not the route He adopted. God Himself appealed to human reason, and sent His message through thousands of messengers for the people to understand, own, believe, and then follow His creed. The fact that a whole lot of sinners thrive on earth shows that God gives people ample time, space and opportunity to rectify their behaviour before they are judged by Him. And, no one is allowed to take one’s own life no matter what. Life is a gift from God to whom the soul is destined to return only at a time of His choosing. No freedom of choice is allowed to human beings in this respect by the Creator.

These are some of the religious guidelines regarding human life and respect for it. Religious teachings must be followed, and we must be tolerant and wise instead of attempting to enforce our own worldview through brute force at the expense of innocent lives. According to the fundamentals of the faith, no physical offence should be done, no one should be harmed indiscriminately, and certainly no suicides.

An Islamic society is based on honesty, integrity, justice, equity, fair play and equal opportunity for all. Thus applied, Islam calls for an earnest effort made in the way of God to establish a benevolent society for His people to benefit from. Emphasis is required on good, polite behaviour, codes of public conduct and community, and national decision-making that would steer society in the desirable direction instead of expanding one’s own zone of influence through sheer terror.

Islam places great emphasis on knowledge acquisition and its valuable dissemination for a favourable impact on society. The first word of the first revelation sent to Prophet Mohammad (PBUH) was Iqra, that is, ‘read’. Nowhere did God ever enjoin only the men to read and not the women. Prophet Mohammad (PBUH) in his famous saying, “Acquire knowledge even if you have to travel to China,” does not discriminate between men and women. An unquenchable thirst for knowledge would then be the pursuit of the religious.

Burning down girls’ schools and depriving half the population of the opportunity to gain knowledge is not only extremism but irreligious conduct. It is fanaticism of the kind of shab-khoon, called terror in modern parlance.

In olden days, shab-khoon was a way to get people unawares while they slept at night, and shed their blood. The practice was considered highly reprehensible even in times when the world had not developed much scientifically and technologically, because it was unjust terror unleashed on a people who could not defend themselves.

Like all monopolies, any effort to establish a monopoly of a certain shade of religion over the people is equally bad. It generates negative spillovers. There is a need to dissociate oneself from practices based on brute force so that there is a clearer understanding of the tenets of Islam. This is necessary to deny any implicit sympathy that some, who call themselves religious-minded, may have for terror. The erroneous worldview must lose support amongst pockets of the population, poorest of the poor, as we see today.

Due emphasis should be laid on the economic prosperity of the community and on poverty alleviation that Islam so stresses. This can be done through better understanding of the principles of economic justice and equity enshrined in the faith which aim at ensuring a life of dignity for all. The uplifting principles of Islam need wider dissemination through the education system so that we attain the twin goals of ridding society of violence as well as poverty.

Income poverty stems from a poverty of knowledge, poverty of a mistaken belief system, poverty of values and poverty of intellect. All this requires a holistic knowledge-based view of what life is, what its purpose is, and how it should be lived.

http://www.dawn.com/2008/09/12/ed.htm#5

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Knowledge as the real essence

By Dr Riffat Hassan

ISLAM regards the seeking of knowledge as an ethical imperative, and an endeavour highly pleasing to God. Amongst the sources of knowledge, the Quran particularly emphasises the following: revelation and practice of the Holy Prophet (PBUH); reason; empirical inquiry; history and intuition.

From the Quranic perspective, knowledge is not limited to what is learnt through a reasoning mind or the senses. Acquisition of knowledge requires a total involvement of the seeker in relation to the total reality. To become a “total” or a “whole” person, integration of the diverse, often mutually conflicting, aspects of one’s outer and inner self is required, as sages through the centuries have taught.

By identifying and endorsing the diverse sources of knowledge often considered to be mutually opposing (as revelation and reason, or reason and intuition), the Quran points to both the possibility of, and the need for, an integration or synthesis leading to a unity of knowledge that subsumes the multiplicity of the sources of knowledge. That the Quranic vision had been internalised by Allama Iqbal, for instance, is clear from his statement: “Modern India ought to focus on the discovery of man as a personality — as an independent “whole” in an all-embracing synthesis of life. But does our education today tend to awaken in us such a sense of inner wholeness? My answer is ‘No’. ...The soul of man is left untouched and the result is a superficial knowledge with a mere illusion of culture and freedom. Amidst this predominantly intellectual culture which must accentuate separate centres within the ‘whole’, the duty of higher minds… is to reveal the inner synthesis of life.”

The Quran urges the seeking of knowledge so that through it both inner and outer reality may be transformed. It is in the essence of a river to flow and the sun to give light. Likewise, it is in the essence of an alim (scholar) to translate knowledge into objective reality as did the Prophet of Islam (PBUH). The Quran calls those who know but do not act jahilun (ignorant ones). Understood in these terms, an alim is one who strives in the way of God.

The high rate of illiteracy amongst Muslims, especially women, is both a tragedy and irony, given the importance accorded to acquisition of knowledge by Islam. The Quran refers more than one hundred times to God as Alim (One who knows), and the very first verse revealed to the Prophet Muhammad (PBUH) links to divine bounty the human ability to write and to know (Surah 96: 1)

The Quran describes the Prophet of Islam as one taught by God (Surah 4: 113) and as an imparter of knowledge to others (Surah 2: 151) but commands him, nevertheless, to pray: “O my Sustainer, cause me to grow in knowledge” (Surah 20: 114). About those who have knowledge, the Quran says that they have been given great wealth (Surah 2: 269), and will be exalted by God (Surah 58: 11)

The Quranic perspective is also reflected in a number of well-known ahadith. For instance: “The seeking of knowledge is obligatory upon every Muslim” (Baihaqi, Mishkat); “Search for knowledge is compulsory for every Muslim, male and female: (Ibn Majah); “He who goes forth in search of knowledge is in the way of Allah till he returns” (Tirmidhi, Darimi); “Search for knowledge though it be in China: (Baihaqi); “Whoever searches after knowledge, it will be expiation for his past sins.” (Tirmidhi)

The high priority given to his community’s education by the Prophet (PBUH) is attested by Goldziher thus: “That Muhammad himself — partly, it may be, on utilitarian grounds — attached considerable importance to the acquisition of the most indispensable elements of knowledge, may be inferred from the conditions on which he released prisoners of war after his victory at Badr. He employed several Quraish captives to teach the boys of Medina to write, and this service counted as their ransom.”

The Prophet’s attitude had a strong impact on his community as pointed out by Semaan: “In the realm of education, we may say, Muhammad instituted learning as an incumbent duty upon his people and this established a definite educational policy for Islam.”

Gulick expresses the belief that the knowledge affirming ahadith which “have been widely accepted as authentic and... have exerted a wide and salutary influence… must assuredly have stimulated and encouraged the great thinkers of the golden age of Islamic civilisation.” n

The writer is a scholar of Iqbal and Islam, teaching at the University of Louisville, USA.

Email: rshass01@gwise.louisville.edu

http://www.dawn.com/2008/09/19/ed.htm#5

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OURS is one of the most progressive religions. The Prophet of Islam (PBUH) was surprisingly open and modern in his concepts. He not only accepted validity of other religions before him through divine word but emphasised peaceful coexistence with all, if others do not take up arms against Muslims.

He drew up the Covenant of Madina to promote harmonious co-existence between all faiths and called it one community. The Quran emphasised the doctrine of freedom of conscience (la ikrah fi’deen – 2:256) which was no less than a revolutionary concept in those days. It is also a harbinger of human rights as it declares, “We have given equal honour to children of Adam” (17:70).

The Quran also declared gender equality when it says, “And women have rights similar to those against them in a just manner.” (2:228). These are revolutionary declarations. The world realised equal dignity of human beings, gender equality and freedom of conscience only in the 20th century whereas Islam had declared this more than 1,400 years ago.

But today we see very different practices in the Muslim world. Many even accuse Islam of not permitting human freedom and deny human rights; women enjoy few rights in the Muslim world. Partly it is due to misconceptions and partly the Muslim world is responsible for all this. The conservatism which we see in the Muslim world today is more cultural and due to social structures, as it developed through centuries of monarchical or colonial rule which strengthened feudal values.

What developed by way of jurisprudence during these centuries was taken as authentic teachings of Islam representing its values. However, fact was that Quranic teachings were too revolutionary for the early medieval society to be accepted and hence the then social values became predominant and the dream of a Quranic society remained unfulfilled. Time has now come to realise this dream in more concrete terms.

The Prophet of Islam (PBUH) with his vision had realised that the Quranic teachings may not be easily accepted as prevalent social structures would try to overwhelm the Quranic values. Also, he wanted society to move ahead and not remain stagnant. He thus left room in the Sharia for the doctrine of ijtihad i.e. maximum assertion of human intellect to resolve new problems arising in society.

We find this doctrine enunciated in the hadith pertaining to his companion Ma’az bin Jabal who was appointed by the Prophet as governor of Yemen. The Prophet advised him to resolve problems through ijtihad if he did not find their solution in the Quran and the Sunnah. He also said that if one commits a mistake in doing ijtihad, one would be rewarded for the sincere effort; if one finds the correct solution then the reward would be twice as much.

One will hardly find such parallels in history of other religions where intellectual freedom to solve problems is promoted instead of falling back on conservatism. There is complete consensus among ulema on the concept of ijtihad as the way forward, yet the tragedy is that none encourages its application. This is not because of Islam but because of social conservatism pervading the Muslim world.

It is not only a necessary exercise today, it is, I believe, obligatory on scholars committed to the Quranic values to attempt ijtihad in order to rediscover the spirit of the faith. Many extremist and militant Islamic groups have promoted serious misunderstandings about the values and teachings of Islam and have thus hijacked it for their own political agenda.

Also, unlike during the Muslim rule in the first few centuries, a vast number of Muslims live as minorities in various non-Muslim-majority countries. There is a great need to develop a new code to serve the needs of these substantial Muslim minorities so that they could live with a good Islamic conscience.

Only ijtihad can make that a reality.

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

http://www.dawn.com/2008/09/26/ed.htm#4

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Post-modernism and Islam

By Dr Asghar Ali Engineer


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. (5:48). Thus, pluralism is the very basic to the Quran.

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 (30:22). 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…” (6:109)

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.” (22:40).

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.

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.

The writer is an Islamic scholar and heads the Centre for Study of Society and Secularism, Mumbai.
http://www.dawn.com/2008/10/10/ed.htm#5

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Benefits of reciting the Quran

By Atif Noor Khan

INDEED, to reflect on Allah’s verses is a form of worship that will draw one close to Him. The Quran is not a book like any other; it is a timeless guide for life, death and the hereafter.

Therefore, it necessitates that the reader return to the early narrations of those who witnessed its revelation and heard its explanation by the one deputed by Allah to explain His words to humanity. So every sincere Muslim who hopes to earn Allah’s love by reciting and reflecting over His book should hold on to the meanings explained by the Prophet of Islam, his companions and early scholars of Islam.

Reciting and reflecting over the Quran has tremendous benefits. Each of the ones explained here stands as an encouragement to read and try to understand the Holy Quran. The Prophet of Islam (PBUH) summarised the faith as naseehah (sincerity). When Hazrat Tameem ibn Aws inquired, “To whom?” He said: “To Allah, His book, His messenger, the leaders of the people and their common folk.”

Thus, sincerity is due to the Quran, its recitation, learning the rules of reciting it beautifully, learning about its interpretation and the reasons for its revelation, abiding by the orders found in it, teaching it and calling the faithful to it. So by reading and reflecting over the Quran, one fulfils an obligation and is rewarded for it. Upon fulfilling this obligation, the Quran then becomes a witness for one on the Day of Judgment. The Holy Prophet says, “the Quran is a proof for you or against you.”

It will either be in your favour, a proof for you on the day when you will need every single good deed, or it will be something against you, the very speech of your Creator, a proof against you.

The Quran will intercede for us on the Day of Judgment. Hazrat Abu Umaamah relates that the Prophet said: “Read the Quran, for verily it will come on the Day of Judgment as an intercessor for its companions.” According to Saheeh al-Muslim, we find a lovely story about how Hazrat Umar understood this principle. Some men once came to ask him, “Who do you use to govern Makkah?” He said, “Ibn Abzaa.” They asked, “Who is Ibn Abzaa?” Umar replied, “A freed slave.”

They remarked, “You have left a freed slave in charge of the people of the valley (the noble tribes of the Quraish)?” He answered them, “Verily, he is a reader of the Book of Allah and is knowledgeable about the obligations of Muslims. Haven’t you heard the statement of your Messenger: ‘Allah raises some people by this Book and lowers others by it’?”

Hazrat Usman also narrates the Holy Prophet as having said: “The best among you are the ones who learn the Quran and teach it to others,” according to Saheeh al-Bukhari. There are ten rewards for each letter you recite from the Quran. A hadith in Al-Tirmizi says: “Whoever reads a letter from the Book of Allah will have a reward. And that reward will be multiplied by ten. I am not saying that ‘Alif, Laam, Meem’ is one letter, rather ‘Alif’ is a letter, ‘Laam’ is a letter and ‘Meem’ is a letter.”

Hazrat Ayesha, too, relates that the Prophet once said: “One who recites the Quran beautifully, smoothly and precisely will be in the company of noble angels. As for the one who recites it with difficulty, stammering or stumbling through its verses, (s)he will have twice that reward.”

Hazrat Abdullaah ibn Amr ibn al-Aas quotes the Holy Prophet as saying: “It will be said to the companion of the Quran: ‘Read and elevate (through the levels of paradise) and beautify your voice as you used to do when you were (alive). For verily, your position in paradise will be at the last verse you recited!’”

The Prophet also said: “The Quran is an intercessor, is given the permission to intercede, and it is rightfully believed in. Whoever puts it in front of himself, will be led to paradise; whoever puts it behind him, will be steered to hellfire.”

This hadith about the Quran is on the authority of Hazrat Abdullaah ibn Masood, summarising for the faithful the importance of reading the Quran and reflecting on its universal message.

http://www.dawn.com/2008/10/17/ed.htm#4

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No justification for honour killing

By Riffat Hassan

Date: 24/10/2008

THE issue of honour killing has come to the fore yet again in human rights discourse. While the practice is not confined to any particular country or region, much attention has been focused on Muslim countries such as Pakistan, Jordan, Turkey, Palestine, Syria, Egypt and Morocco, where the crime appears to be on the rise.

The spotlight on honour killing in Muslim countries has made many Muslims in the West acutely uncomfortable and generated a reaction of anger and defensiveness. Given the widespread negative stereotyping of Islam and Muslims, this reaction is understandable. However, it is very important to point out both to Muslims and non-Muslims who think that honour killing can be legitimised by reference to Islam, that there is absolutely no justification for it in our faith.

The Quran – the highest source of authority in Islam – puts so much value on the life of a human being that it likens the killing of one person to the killing of entire humanity. “…if anyone slays a human being – unless it be (in punishment) for murder or for spreading corruption on earth – it shall be as though he had slain all humankind; whereas if anyone saves a life, it shall be as though he had saved the lives of all humankind.” (Surah 5: 32)

It is well known that most victims of honour killing are accused wrongly and murdered on little or no evidence. All too often, the horrendous crime is sought to be legitimised with reference to a value system which claims to be Islamic. The Quran which is extremely protective of the rights of disadvantaged human beings is particularly concerned about protecting the rights and lives of women who are accused of dishonourable acts, as the following verses show:

“And as for those who accuse chaste women (of adultery), and then are unable to produce four witnesses (in support of their accusation), flog them with 80 stripes; and ever after refuse to accept from them any testimony -- since it is they, they that are truly depraved” (Surah 24: 5) “…And for those who accuse their own wives (of adultery), but have no witnesses except themselves, let each of these (accusers) call God four times to witness that he is indeed telling the truth, and the fifth time, that God’s curse be upon him if he is telling a lie. But (as for the wife, all) chastisement shall be averted from her by her calling God four times to witness that he is indeed telling a lie, and the fifth (time), that God’s curse be upon her if he is telling the truth” (Surah 24: 6-8)

The Quran makes it mandatory upon all believers that they respect the sanctity of life; that they stand up for justice and that they testify to the truth. It also makes it obligatory for the Muslim community to protect those who witness to the truth. Those who deny that honour killings are taking place, or that highlighting them is tantamount to Islam-bashing, need to be mindful of the Quranic verses such as the following:

“You who have attained faith! Be ever steadfast in upholding equity, bearing witness to the truth for the sake of God, even though it be against your own selves or your parents and kinsfolk. Whether the person concerned be rich or poor, God’s claim takes precedence over (the claims of) either of them. Do not, then, follow your own desires, lest you swerve from justice: for if you distort (the truth), behold, God is indeed aware of all that you do.” (Surah 4: 135)

“Behold, God enjoins justice, and the doing of good and generosity towards (one’s) fellow-beings; and God forbids all that is shameful and all that runs counter to reason, and is envy; (and) God exhorts you (repeatedly) so that you might bear (all this) in mind.” Surah 16: 90). “And cover not truth with falsehood, nor conceal the truth when you know (what it is).” (Surah 2: 42) “…And let (not a) witness suffer harm. If you do (such harm) it would be wickedness in you.” (Surah 2: 282)

The writer is a scholar of Iqbal and Islam, teaching at the University of Louisville, US.
rshass01@gwise.louisville.edu
http://www.dawn.com/2008/10/24/ed.htm#4

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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 (2:228). 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 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, 4:34) 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 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.


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

http://www.dawn.com/2008/10/31/ed.htm#4

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