IN all societies and in all epochs, human beings have beenconfronted by disparity. This can be observed in every aspect of life. One can see disparity in economic and social spheres and also in educational or intellectual spheres. But the most stressful is disparity at the economic level.

Every society consists of the haves and have-nots. Some people are born rich, with a silver spoon in their mouths while others strive to become rich. Similarly, there are people who are weak financially and desperate to make ends meet. The Quran recognises such a nature of society and declares it as God`s will. The Holy Book says `...It is We who portion out between them their livelihood....` (43:32). Thus a society is like a human hand whose five fingers are not equal, but they are part of one hand and their strength lies in their unity.

However, the gap between rich and poor should not be too wide. A wide gap tends to precipitate unrest and peace is threatened. The peaceful coexistence among different segments of society is possible if all of us think of humanity as one and adopt certain values ourselves such as caring and helping each other.

The rich class should realise the hardships of the poor and share a portion of its wealth to uplift the poorer class. All world religions, through their teachings, try to minimise the gap between rich and poor and exhort the well-off to help the less fortunate so that they may also lead a life of dignity.Islam, too, encourages its followers to be generous. Helping others and providing succour to the needy is regarded as one of thecardinal principles of Islam.

The Quran declares that society has a right and stake in whatever the affluent possess. This is in contrast to the western notion which upholds the individual`s right of ownership over his or her wealth. The Quran says `And in their wealth there is the nght of the beggars and the deprived`. (51:19).

The Quran uses different terms such as zakat, khairat, infaag, sadaga and garz-ihasana etc for spending in the way of Allah. All theseterms imply a notion that one should be generous enough to share one`s wealth material and non-material with others and try to create harmony in society.

Zakat is considered to be an obligatory contribution that all affluent Muslims need to pay and provide for those who are in need. Its Arabic root signifies the purifying aspect, for it cleanses the giver of greed and excessive materialism, promoting, at the same time, the general level of well-being and happiness in society.

Regardless of disparity, Islam considers all Muslims equal in the eyes of Allah; there is no privileged class in Muslim society.

However, keeping the human inclination of preferring one`s parents and relatives over others in view, Islam allows that man`s first charity should be to his or her family members, if in need. They should consider their parents and relatives first if they be in need of financial help, followed by other segments of society.

Despite these principles, in our present-day Pakistani society, one sees widespread poverty. With every passing year, poverty continues to increase. Millions of people slide into poverty because of the ongoing economic crisis. Begging has become common; the number of homeless persons continues to grow; migration from rural to urban areas in search of livelihood continues unabated. Crime and suicide rates are high in our country. This grim situation brings one to the conclusion that this society has failed in many ways.

In order to redeem the situation, we need to wage a war against poverty. Islam has provided us multiple ways of spending on the poorer segments to uplift them. Help should not make the poor even poorer and dependent on aid all the time. In other words, money should not be doled out; rather, people should be helped in a way so as to enable them to stand on their own feet, to earn their livelihood and later contribute to society.

To paraphrase a popular saying, if one gives a man a fish, he will have one meal. However, if a man is taught to fish, he will have meals for the rest of life. It is stated clearly in the Quran that all that is created on the earth is for humankind; it is for man to use the same for humanity`s collective benefit. Man`s mission would be incomplete till he uses God`s blessings beneficently. The Holy Prophet (PBUH) has also set such examples.

Poverty cannot be eradicated in one go; it needs a wellthought-out plan in which education has a vital role. Education should be made life-oriented; people should not only be literate but skilfully trained to earn their livelihoods. Every year, thousands of students pass their examinations but are unable to find jobs. They must be encouraged to acquire skills in various trades, take initiatives in the field of their choice and start serving society.

All fields are open, it is for man to sow the seed and reap the fruit. There are some NGOs that serve free meals to the needy on a regular basis. This is good, but the best way to serve society is to train unemployed youth and engage them in some fruitful service. Similarly, in each locality there should be a bureau tasked with searching for opportunities in new fields, training unemployed youth and engaging them.

Rigidity of Ulema
By Asghar Ali Engineer
06, July 2012



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

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

Our draft codified law addresses the question of misuse of polygamy, triple talaq, inheritance, custody of children etc. The orthodox ulema, who have constituted the Indian Muslim Personal Law Board (MPLB) since the 1970s, hardly do anything to stop misuse of these provisions, with the result that a large number of Muslim women suffer; they are arbitrarily divorced, their lives and those of their children ruined forever.

Many men, taking advantage of the provision for polygamy, leave their first wife and marry another. Under unregulated Muslim personal law today khula cannot take place without the consentofthe husband.

Our proposed codification is chiefly meant to stop such abuses and restore the law`s focus on justice and gender equality. Though we have finalised proposals we, by no means, consider it perfect and so have kept it open for consultation and further perfection.

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

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

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

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

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

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

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

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

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

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

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

__________________
Mitta do apni hasti ko, agar kuch martaba chahiye,
k dana khak men mil kar gul-i-gulzar banta hai.

Evolution of human society
By Syed Haider Riza
July 13, 2012



MAN is a social animal. This adage is not inspired by reli-gion at all. Instead, the concept has its roots in the Darwinian theories of origin and evolution of the species that also include human beings, or more precisely `homo sapiens` Why should the concept be worthy of our consideration? It shouldn`t be, but unfortunately those at the helm with respect to present-day humanity think and act very much on the same lines. It should be mentioned that in the current intellectual landscape Muslims only exist at the periphery with the mainland and core position occupied by those who consider the end of all means and efforts to be the fulfilment and satisfaction of animal desires. If one asks them why it should be so, the prompt answer would be because `man is a social animal` The concept of man being a social animal tends to view humans as creatures dominated by animal instincts and desires, while also interested and inclined to build societies and live gregariously. Development and evolution of societies, with all the intellectual activities too, converges at the ultimate purpose of satiating carnal desires, albeit at another level.

The fruits of such erratic and flawed thinking are clear for all of us to see and witness. Unbounded lust and greed for material wealth, usurpation and trampling upon the rights of the weak and the poor and an aimless crowd of men and women drifting into nothingness are the glaring features of modern societies.

Evolution of a society includes development and progressnot only on material grounds but more importantly in respect of human values. Values come from inculcating meaning and purpose in the material life. The deciding authority for values can be no one except the Creator Himself, who has taught us the meaning and purpose of life through the canons of religion.

There can be little doubt that the religions of the world have been polluted by greed and deceit, but objectively approa-ching religion with an open mind still leads the inquirer to the pastures of true knowledge and wisdom.

Quite evident is the fact that the inherent message and true objective of all religions in general and Islam in particular has been to educate humans about the meaning and purpose of life for subsequent development and evolution. The meaning of life lies in its origin while its purpose is rooted in its ultimate goal.

The Quran is the textbook of Islam and encompasses all the concepts that are endowed upon humanity through revelation (wahi) and expressed through the noblest tongue of Prophet Muhammad (PBUH). The Holy Book explicitly declares that human beings, through their creation, possess an innate meaning and purpose. For comprehending such concepts, we have to travel a bit deeper into the verses of the Quran.

The Holy Book describes humanity as the possessor of two faculties, as can be inferred from the verses of Surah Hijr `And when your Lord said to the angels, `Surely I am going to create a human (bashar) from the essence of black mud fashioned in shape. And when I have made him complete and breathe into him My Spirit, fall down prostrating [to] him` (15:28-29).

As described in the Quranic text, there are two dimensions of existence for the life of a human being. One is terrestrial, obtained from essence of soil and water and the other dimension relates to the metaphysical and derives directly from the spirit of Allah.

The terrestrial aspect provides the necessary tools and equipment for humans to act in this world and accumulate their mundane and after-life benefits, while the metaphysical dimension imparts meaning, direction and purpose to the life of this creature. It is the light within that inspires humans to yearn for truth and present sacrifices for noble and lofty ideals. Thus the rule for prosperously evolving is to cultivate the spiritual within the domain of the corporeal.

Strict adherence to this rule is the guarantee for humans, be it individuals or society, to evolve towards the ultimate goal, that is nothing but the proximity of Almighty Allah and to enjoy a blissful life in this world and the hereafter. But as soon as the spiritual aspect is neglected, no matter under which pretext, the process of decline and disintegration begins simultaneously.

There are many examples quoted in the Holy Quran of societies that made giant strides in material progress, but were totally heedless of their connection with and duties towards their Lord. Insistence on such sort of behaviour led to their emaciation on earth in less than a generation`s lifetime.

One group of verses from Surah Fajr can be quoted as evidence: `Have you not seen how your Lord dealt with Aa`d, the people of Iram, possessors of lofty buildings, the likes of which were not created in other cities; and (with) Samood who hewed out the rocks in the valley; and with Pharaoh.... Those who created great digresses in the cities.... Therefore, your Lord let down upon them the whip of chastisement, most surely your Lord is watching.

What needs to be expanded is the concept of a meaningful life in the context of human society to strengthen the notion that individual and communal life always evolve on the basis of spiritual values so beautifully taught by our noble religion.
• The writer is a freelance contributor.

__________________
Mitta do apni hasti ko, agar kuch martaba chahiye,
k dana khak men mil kar gul-i-gulzar banta hai.

SPIRIT OF FASTING
By Ali Murtaza Zaidi | 7/20/2012

IN today`s world, the value of just about anything ismeasured not through logical thought, but through its positive impact on life in general.

This valuation is particularly important in the acceptance of Islam. If the true spirit of Islam were alive, there would seldom be any need to prove the attraction of the faith. The obvious benefits of following Islamic values would have been enough to attract people towards it. Hence, the need of the time is to revive the spirit of religion.

In this regard, fasting is especially unique. Unlike other pillars of Islam, it involves absolutely no physical movement of any kind. On the face of it, a man who is fasting is no different from any other man. Yet, it is the intention and the spirit of fasting that makes it so significant and so important that it was made mandatory for all the nations that existed even before the arrival of Islam and to dedicate a whole month to its performance.

Clearly, if we lose the essence of fasting its effects would disappear and in that case, fasting would be little more than an exercise in starvation. Unfortunately, this is the prevalent trend in Pakistan and to change it, we need to concentrate and understand the basis and spirit of fasting.

The soul of fasting lies in control. Perhaps in all the teachings of Islam there is none more important than control.

When a person sacrifices his most innate desires of food and water merely on the command of Allah, it trains him in the art of putting the will of the Creator before his own. In essence, if humans can learn to control their desires, their path to perfection and towards the ultimate objective of life becomeseasier.

However, the common practices today deliver a message completely opposite to the true message of control. Our emphasis today is on using Ramazan as an opportunity to satisfy our material desires of taste and rest, which has destroyed the concept of enhancing control through fasting.

The act of ignoring one`sbody provides an opportunity to concentrate on the soul.

When we are liberated from the daily routines of material life, we venture ahead and ponder over facts greater than matter and the material world, realities like God, spirituality and the greater good. This ever-elusive need of a spiritual connection exists in all of us, in every religion, whether it is the concept of soul-searching in Christianity and Judaism or deep meditation in search of Nirvana for the Buddhist, or even arts and music for spiritual satisfaction in non-religious people.

Fasting is one such process which allows the individual to concentrate, to meditate, to discover. This is the reason why the concept of worship is glorified in the month of Ramazan by specific prayers and supplications. This is the perfect time to plan and concentrate on the greater objectives of life. Perhaps this is one of the wisdoms behind the practice of Aitekaf, when believers seclude themselves and dedicate themselves to prayer and worship.

Ramazan is not limited to the development of an individual; it plays a vital role in the progress and advancement of the society as a whole. The key to the development of any society is interconnection of emotions and feelings between each and every member of society. Fasting plays an important role in binding the whole society together. It helps those who have wealth and material luxuries to understand what goes on with those that do not.

Furthermore, as the whole society collectively abandons the most basic need, it creates this unique sense of brotherhood that invariably, we are all fighting the same battle, worshipping the same God. Invariably, we are all one and the same. It is one of the reasons why acts of charity are so abundant during Ramazan. People want to help others once they realise what the problems of society actually are.

However, the problem today lies in the maltreatment of fasting. Due to this, its true spirit has almost ceased to exist. It seems that Ramazan has turned into just another target for mass consumerism.

Aren`t these glamorous and luxurious iftar and sehri parties pushing aside the true essence of Ramazan and portraying its sacredness and piety as something obsolete and dreary? In the absence of control and concept of obedience to Allah and spirituality, gradually, the holy month of Ramazan is losing its sacredness and turning into little more than a mere cultural event.

The situation has gotten so out of control that it is not uncommon to see banners at various malls advertising products with the line `the true spirit of Ramazan` It is imperative now, more than ever, that we break this pattern of decadence and destruction. We need to revive the original spirit of Ramazan and the key to that lies in control and spirituality.

Conceptual clarity behind the wisdom of fasting is the first step towards the revival of Islamic values. This Ramazan, let us not divulge in unnecessary luxuries and let us concentrate all our thoughts and struggles on control, spirituality and obedience to Allah so that this holy month can shower on us its true and most sacred bounties and blessings. • The writer is a religious scholar.

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It's Not Over 'til I Win

Faith-based education
By Muhammad Ali
27 July 2012


GENERALLY, faith-based communities have been con-scious in educating their young generation in their faith, values and practices. Like many other communities, the Muslims also have a long and diverse tradition of educating their children in their faith and values.

Today, rapid changes in human knowledge and society have posed critical questions about various aspects of religious education such as its scope, approach and relevancy. Keeping the emerging challenges in view, a serious reflection is needed on the practices of religious education in order to forward educative responses.

Historically, in Muslim societies diverse traditions and practices of religious education can be traced. For the Muslims, the Holy Quran and the teachings of the Prophet (peace be upon him) have been the major impetus for acquiring knowledge and for intellectual discourse. It was because of this motivation that Muslim societies started striving for education in the formative period and created a comparatively encompassing education system by balancing between faith and the world.

This process of encompassing education reached its climax in the 9th-10th century, when Muslim societies excelled in different fields of knowledge by nurturing highly dynamic individuals such as Al-Kindi, Al-Farabi, Ibn Sina and many more. These personalities were not only well-educated in their faith but were also authorities in philosophy, science and social issues. During this period, Muslim societies established somehighly vibrant learning centres like the Bayt-ulHikma in Baghdad, Jami AlAzhar in Cairo and institutions in Cordoba.

However, in the later centuries a decline was observed in the intellectual and social aspects of Muslim societies. The education system continued through madressahs and other institutions without a sharp dichotomy between religious and secular education.Yet such a dichotomy was observed in the colonial period, particularly with the Muslims of the subcontinent. It was then that the notion of scientific education was introduced with a secular outlook.

As a result, the gap between the concept of religious and secular education started widening. Today, as a legacy, it is evident in our country that schools, colleges and universities are considered responsible for secular education and on the other hand madressahs and other religious institutions are viewed as responsible for religious education.

Scholars are agreed that an encompassing and inclusive kind of religious education leads toward broader perspectives and a harmonious society. On the other hand, a stiff and exclusive approach towards religious education leads to rigid perspectives and conflict.

A number of scholars believe that meaningful religious education is significant for different reasons. Firstly, religious education is viewed as helpful in the process of meaningmaking for a human being. This process helps a person to connect himself/herself with the Creator, their fellow human beings and with the environment. Secondly, identity crisis has become one of the major challenges of modern society. In this regard faith-based education is seen as helpful in developing self as well a communal identity.

Thirdly, a moderate religious education helps people to develop a positive attitude towards others and the environment created by God. Finally, the ethical principles of faith help followers to choose and decide in their personal as well as social life. Hence, religious education is viewed as fruitful in terms of meaning-making, living a purposeful life, identity development and for ethical guidance.

On the other hand, faith-based education has been critiqued for different reasons. First, some have viewed it as a cause of division in society. It has been criticised for increasing the gap between different communities that leads towards disharmony and intolerance in society.

Second, according to some educators religious education is difficult to define and set educational goals. It is, therefore, complex to assess the outcome of such education. Third, faithbased education is considered incompatible with modern scientific development. Therefore, its relevancy has been questioned by many scholars.

Furthermore, the teaching-learning approach of religious education is criticised for promoting rote learning which does not help students develop in various areas of life. Finally, the curriculum of religious education is considered less capable to address contemporary issues.

Keeping the challenges and demands of the times in view, serious steps need to be taken by educators and scholars to move towards balanced and encompassing religious education.

First of all, serious reflection is needed on determining the scope and purpose of religious education. Today, we are living in a global, diverse society. Therefore, the scope and purpose of religious education should have the potential to enable followers to maintain their identity as well as to be able to live harmoniously with diverse people.

Secondly, the curriculum needs to be designed in such a way that it can address different aspects of faith. Along with the theological aspect, the cultural and social aspects need to be incorporated in the curriculum in order to address different dimensions of human life.

Finally, there is a need to reflect on the teaching approaches of the institutions which provide religious education.

Memorisation should not be the only focus. Rather, understanding, application, analysis and evaluative approaches should be encouraged during the teaching-learning process by incorporating a variety of teaching methods.

In short, religious education has serious implications for society. Therefore, rigorous studies are needed on different aspects of religious education such as curriculum, teaching approaches and assessment etc. to make it more relevant and meaningful for individuals as well as for society.

• The writer is an educator.

__________________
Mitta do apni hasti ko, agar kuch martaba chahiye,
k dana khak men mil kar gul-i-gulzar banta hai.

Child marriage and islam by Asghar Ali engineer
RECENTLY, the Legal Affairs Committee of the Majles (the Iranian parliament) has told the press that they regard the law that prohibits girls below the age of 10 from being married off as ‘un-Islamic and illegal.’

Reports indicate that in Iran, more than 75 female children under age 10 were recently forced to marry much older men. It is indeed very strange how child marriage can be deemed Islamic in any sense of the word. How can it be un-Islamic not to permit child marriage at the immature age of eight?

This is probably more cultural than religious. After all, any law bears footprints of culture and cannot completely get rid of cultural influences. While Islamic laws are very progressive, cultures in Islamic countries are still feudal or semi-feudal.Also, there has been debate among the ulema, as pointed out by the spokesperson for the Majles, about the age of puberty. Many ulema think that girls attain the age of puberty by or before age 10 while others think by the age of 15. But for most 10 is the age of puberty.

This has happened in Iran, where women’s participation in the revolution was so genuine and enthusiastic that they voluntarily took to wearing the chador as a symbol of their Islamic identity and a New York Times correspondent — seeing a sea of women in black chadors in 1979 — wondered how daughters of those mothers who had cast off their veils could take to the chador again. He perhaps did not realise that these daughters were wearing the chador as a symbol of their Islamic identity and to show solidarity with the leaders of the Islamic revolution.

However, their experience right from the beginning was not very pleasant and their expectations of liberation were not fulfilled. Gradually, the Islamic regime began to tighten its grip over women’s liberty, especially after the death of Imam Khomeini, who was a great visionary and believed in using persuasion rather than coercion. The revolutionary leadership began to quarrel for power in the post-Khomeini period and unfortunately the conservatives won.

And in the Islamic world whenever conservatives win, the first to be affected are Muslim women. Recently in Libya, when Qadhafi was defeated and his opponents — conservative Muslims — won, one of their first declarations was to legalise polygamy, as if their revolution was all about polygamy.

In Iran too women came to be under increasing control of the conservative clergy. A few years ago a woman, who was married with children, was accused of adultery and was sentenced to death by stoning, though human rights activists maintained that adultery charges were not proved. And there was no punishment for her alleged adulterous partner.

Coming back to child marriage, there is nothing Islamic about it; if anything it is un-Islamic. It is well-known that marriage is a contract in Islam and the Quran calls it a ‘strong covenant’ (mithaqan ghaliza) (4:21). It does not require a lot of argument to conclude that such a covenant cannot be entered into by children of the age of eight, that too a strong contract. A child does not even understand what a covenant is.

It is also well-known that both parties, i.e. husband and wife, can stipulate conditions, without fulfilling which the marriage will not be valid. Can a child stipulate conditions? Marriage is a lifelong partnership and a child cannot be expected to have the experience or intellectual ability to choose his or her life partner. Thus child marriage can in no case be Quranic or Islamic.

What is, then, the origin of child marriage in Islam? It is simply cultural and was not uncommon among the Arabs. The jurists can hardly escape the influence of their culture and cultural ethos. Though the Quran did not permit it, they allowed it because it was widely prevalent around them. They also tried to find justification for it in the Prophet’s (peace be upon him) Sunnah. Most Muslims believe that the Holy Prophet married Hazrat Ayesha when she was simply seven years of age and consummated the marriage when she was nine.

Firstly, this hadith appears about 300 years after the passing of the Prophet and in-depth research by many scholars clearly shows that Hazrat Ayesha’s age at the time of marriage was not less than 17 or 18 and at the time of consummation of marriage about 19 or 20. I have seen this research and there are very good reasons to believe it.

Since marriage is a contract in Islam, Imam Abu Hanifa, while allowing child marriage for sociological rather than religious or Quranic reasons, also had to make a provision for what is called option of puberty (khiyar al-bulugh) i.e. the girl, on achieving puberty or the age of proper understanding, could accept or reject the marriage and her guardian (usually father) also cannot force her to accept the marriage if she is unwilling. Imam Abu Hanifa had to make this provision because he knew the guardian is not an absolute authority to give the child away in marriage.

Religion should prevail over culture and not culture over religion. That is why most Islamic countries have now prescribed 18 as the age of marriage and have made child marriage illegal. Thus the Iranian clergy would be better advised not to legalise child marriage. I am sure the women organisations of Iran would surely resist this measure on part of the government, if at all it takes this regressive step defying the Quranic concept of marriage as a strong covenant.

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

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"There is difference between imitating a person and counterfeiting him"

Basis of good governance
By Qasim A. Moini


THE multi-faceted personality of Hazrat Ali has attractedmystics, seekers of knowledge and the truth for different reasons over the centuries.

Some have been awed by his valour on the battlefield, others by his eloquent oratory and others still by the strength of his character, a reflection, as it is, of the insan-i-kamil (the perfect man) in light of Quranic standards and the Holy Prophet`s (PBUH) example.

Yet while all these attributes of Hazrat Ali are no doubt praiseworthy, today, as we observe his martyrdom anniversary, we should also reflect on Hazrat Ali`s views on what good governance should be, as enunciated in his celebrated letter to Maalek Al Ashtar, his governor-designate to Egypt.

This is all the more important in the current age, when much of the Muslim world is ruled by unrepresentative autocrats who do not fail to use brutal methods to crush their own people. And even in countries such as ours where the democratic project stumbles along, good governance or the lack of it is a perpetual concern.

While many theorists over the ages have issued treatise on statecraft, many of these are not underpinned by any moral and ethical anchors, while some are plainly motivated by the lust for power and control. Hazrat Ali`s instructions issued 14 centuries ago during his caliphate on the other hand, combine the spiritual with the temporal, imbuing the art of governance with a gnostic outlook.

He addresses issues as varied as welfare of the people, organisation of different branches of government, appointmentof judicial officers, tax collection, guidelines for traders and merchants as well as military organisation. The overriding theme of the letter is justice and the fact that governance is a divine duty and that failure to conduct the affairs of state in an ethical, judicious and compassionate manner will require an explanation both in this world and the next. Perhaps this is why Hazrat Ali`s letter to Maalek should be required reading for all Muslim heads of state, governmentand lawmakers as well as the citizenry.

Among the first instructions to Maalek is the fact that a ruler must treat the people with kindness. `You must create in your mind kindness, compassion and love for your subjects. Do not behave towards them as if you are a voracious and ravenous beast and as if your success lies in devouring them` Whilst today many Muslim countries, including Pakistan, are being consumed by the fires of sectarianism and interreligious hatred, Hazrat Ali advised Maalek Al Ashtar to recognise the plurality of the citizenry and deal with citizens on the basis of humanity. `Remember, Maalek, that amongst your subjects there are two kinds of people: those who have the same religion as you have; they are brothers to you, and those who have religions other than that of yours, they are human beings like you.... Let your mercy and compassion come to their rescue and help in the same way ... that you expect Allah to show mercy and forgiveness to you`.

Politics today is patronage-driven, with many of those in power working hard to enrich themselves, their relations and their cronies. However, Hazrat Ali warns that nepotism is sure to lead to tyranny. `So far as your own affairs or those of your relatives and friends are concerned, take care that you do not violate the duties laid down upon you by Allah and do not usurp the rights of mankind. Be impartial and do justice to them because if you give up equity and justice then you will certainly be a tyrant and an oppressor`.

Pointing to the roots of internal dissensions, Hazrat Ali advises Maalek to work towards mediating disputes between different groups. `Do not give cause to the people to envy each other (man against man, tribe against tribe or one section of the society against the other). Try to alleviate and root out mutual distrust and enmity from amongst your subjects`.

When selecting ministers and officers, he advises that `select honest, truthful and pious people as your companions.

Train them not to flatter you and not to seek your favour by false praises because flattery and false praises create vanity and conceit and they make a man lose sight of his real self and ignore his duties`.

Regarding the rights and welfare of the disabled Hazrat Ali says `then comes the class of the poor and the disabled persons. It is absolutely necessary that they should be looked after, helped and well-provided for`.

At another point Hazrat Ali emphasises the rights of the poor when he says: `Therefore, be very careful of the welfare of the poor.... Do not be arrogant and vain against them.

Remember that you have to take particular care of those who cannot reach you ... and whom society treats with disgust....

You should be a source of comfort, love and respect to them`.

While the relationship between taxation and representation was highlighted much later in history, Hazrat Ali spoke of the rights of the taxpayer. `A state really lives upon the revenues collected from the taxpayers. Therefore, more importance should be attached to the fertility of land than to the collection of taxes.... The ruler who does not pay attention to the prosperity of his subjects and fertility of the land but concentrates only on collection of revenues, lays waste the land and consequently ruins the state. Despite the passage of 14 centuries, these words remain as relevant as ever and provide the basis for a just socio-political order

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It's Not Over 'til I Win

EVOLUTION OF RELIGION
By Nilofar Ahmed, Friday; August 17th 2012:

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

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

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

Muslims need to remember that Islam is an anti-racial, nonhierarchical, all-embracing universal religion which confirms and unites all revealed religions. The Quran is addressed not only to the believers but innumerable times to humanity at large with the words, `O people!` (35:3).

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

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

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

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

Hazrat Musa said, `O my people, if you have come to believe in God, then trust in Him alone, if you are Muslims` (10:84).

Surah Aal Imran says, `When Isa sensed disbelief among them, he said, `Who will help me in God`s way?` His disciples answered, `We are helpers (in the way) of God. We believe in God, and you are our witness that we are Muslims, surrendering to Him`.` (3:52).

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

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

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

The Old Testament states, `And the book is delivered to him that is not learned, saying, `Read this, I pray thee`: and he saith, `I am not learned` ` (Isaiah, 29:12). These are the words that the archangel Jibrail and Prophet Muhammad exchanged at the time of the first revelation (96:1). The New Testament says, `And I will pray the Father, and He shall give you another comforter, (so) that he may abide with you for ever` (John, 14:16). According to Muslim belief, the Prophet will continue as the appointed prophet till the end of time.

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

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

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It's Not Over 'til I Win

Redefining Islamic finance
By Tariq H. Cheema Friday, 24 August 2012

OPTIMISTS will hail the fact that finally, after a mush-room growth in Pakistan of Islamic and other banks offering Sharia-compliant services and products, a debate has finally been generated about the viability and genuine adherence to religious teachings of these products and services.

An indicator of how this very important debate has begun to enter the mainstream was published in this newspaper some time ago in which the legitimacy of the interest-free financial instruments proffered by these banks was questioned. It was argued that an economic transaction would be considered riba(interest) free if it avoids the multiplier mode of moneymaking, profit-taking and capital creation.

But the questioning of claims made by financial institutions, Islamic or otherwise, which purport to offer interest-free banking and products apparently styled according to the Sharia is not a phenomenon confined to Pakistan. With the Islamic finance sector termed as the fastest-growing segment of the global finance industry, religious and financial experts, in tandem, are making more and more queries about the authenticity, according to religious scriptures, of the financial services on display.

A widely held view is that since the Sharia dictates pure Islamic values and provides direction to religious goals, perhaps if Islamic banks were to adhere to these basics they could end up playing a much bigger role in the new frontier of banking and finance.

The generic term here becomes `contextual` banking but, inreality, the bigger picture appears to provide for a healthy future for Islamic finance, if, of course, its basic principles are followed, in the key markets of the future: Africa, Asia and the Far East.

Some experts are of the opinion, though, that the issue plaguing Islamic finance today is not that the industry is not realising its ideal (tappib) but the concern that even the halal isbeing diluted. They point out that, just as in conventional finance, Islamic finance also sees many cases where the transactions claim to be legitimate but may be considered unethical. The key here would be the creation of a business model that is truly Sharia-based not merely tagged as `Sharia-compliant`.

But the problem may not rest entirely with financial institutions. A widely held belief questions why individual governments do not endorse holistic frameworks designed to help the Islamic finance industry expand in a sustainable manner. Some blame is also apportioned to politicians and policymakers with critics questioning if they even understand the true meaning of Islamic finance.

Even within the world of Islamic finance, many inconsistencies in the legal, accounting, regulatory and fiscal frameworks have been pointed out by experts, who point to a heavy industry reliance on exemptions which they term as being ad hoc. Additionally, most Islamic banks appear to function in a tax-free environment and regulators have sometimes been thought to be influenced by political agendas, or by the presence of dignitaries acting as directors.

In market-driven countries, say experts, Sharia governance can be an issue and that across the board there is a need for some regulatory oversight for Sharia governance. Unfortunately, most Sharia boards appear to only have a role limited to certifying certain products; they still do not have industrywide standards. This would appear to be particularly true in Pakistan where the line between so-called Sharia-compliant banking and products and conventional financial options has become increasingly blurry.

Islamic finance experts across the world ask a very relevant question concerning this state of affairs. Does the Islamic finance mission need to be restated? In order to achieve this a completely new strategy would have to be devised. A more transparent Sharia-governance structure could lead to a more forward-looking corporate approach for Islamic financial institutions. And this could, in turn, help this sector to clearly define corporate targets for social responsibility. There could be a concerted effort to ensure that these targets are completely aligned with Islamic principles and that the integrity of these principles is not compromised. Unfortunately, as appears to be evident from the current state of affairs, most Islamic financial institutions seem bent upon trying to justify their actions through what can only be termed sketchy Sharia guidelines tailored to suit their needs. No thought is given to the important concepts of personal social responsibility or corporate social responsibility both key and indispensable components of Islamic teachings. And no planning seems to have been put in place to attempt to overhaul the state of affairs.

Perhaps if the Islamic finance sector worldwide were to evolve a definite vision that truly focuses on the socioreligious implications of its financial instruments, it would help to create definitive change not just in the Muslim world but far beyond. After all, this sector has no shortage of funds.

A recent report by the Deloitte Middle East Islamic Knowledge Centre states that Saudi Arabia, one of the main contributors to the global Islamic finance industry, has an estimated $94bn in Islamic finance assets. According to the report, these Saudi assets represent 26 per cent of total GCC Islamic finance assets and 8.2 per cent of global Islamic finance assets.

So there is no question about the lack of finances. But in order to bring about the kind of lasting change that the Islamic finance sector aspires towards, these statistics will need to be backed up by genuine dedication and the will to design, create and implement this revolution. • The writer is the CEO of the World Congress of Muslim Philanthropists.

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It's Not Over 'til I Win

A New Approach to Islamic Learning
By Akhtar Ahmed Siddiqi

August 31,2012


IF we wish to understand the true meaning of Islam and its application in a modern context, we have to opt for a new approach that might be termed the three dimensional approach or 3D approach.

The three dimensions are: (1) the surrounding universe (the cosmos and its physical phenomena, system and revelations along with its social and human context); (2) the textual/ scriptural deliberations revealed to the prophets and messengers and the modes of their implementation at various times; and (3) the contemporary human intellect combining the heart and mind.

This is the core message I could extract from a recently published book, Radical Reform: Islamic Ethics and Liberation written by Dr Tariq Ramadan, a professor of Islamic Studies at the University of Oxford.

The first two dimensions are described by Dr Ramadan as two separate revelations. The signs (apat), either in the cosmos or in revealed scriptures/texts, both quite autonomously reveal their meaning to human intelligence. Adding human intelligence to the two revelations, the 3D approach establishes an autonomous and mutually collaborative status for each dimension and has the potential to fundamentally change our traditional perception of Islamic learning.

The conventional paradigm of Islamic learning reflects a one-dimensional approach that presents the image of divine revelation as consisting only of predefined orders. Humanity is placed at the receiving end and has no role except to receive, believe in and obey readymade revealed orders.

The conventional paradigm may be called the paradigm of divine commands and human obedience, and almost all thereligious sciences in Islam during the mediaeval period of Muslim history developed under the impact of this conventional paradigm.

The same paradigm eventually nurtured religious dogmatism in Muslim societies and bestowed a special position on textual scholars (ulama/fugaha) as the sole interpreters of divine commands mentioned in textual sources.

Although some space was occasionally created by textual scholars for the expansion of religious law through the exercise of methodological reasoning (ijtihad), such efforts always remained minor adjustments responding to a pressing need or to difficulty in the exact implementation of the inherited traditional religious law.In almost all Muslim societies today, religious authority and legitimacy are still theoretically held by textual scholars while the implementation of religious law itself has practically shrunk or become almost non-existent, at least in the major areas of contemporary practical life. This has resulted in the decline of the applied religious ethics of Islam and has transformed it into a defensive, passive, behind-the-times and isolated ethics.

The 3D approach puts the real onus on human intelligence and its capacity to discern meaning. It makes every human being individually, and all of humanity collectively, responsible (mukallaf), demanding that they read and understand the meaningful phenomenal signs and indications (al-ayat ul-kauniyah) that humans, as intellectual animals, face almost everywhere in the open book of the universe. The same approach demands that humans reflect on the descriptive formulations (al-apat ul-bayyinat) mentioned in the revealed scriptural sources.

The specific reflections involving human intelligence may rightly be called, in the words of Dr Ramadan, mirror reading.

This mirror reading establishes a new relationship of humankind with divine revelation, either in scriptural sources or in the book of the cosmos that, through this new approach, should not be perceived as merely consisting of predefined commands which are to be blindly obeyed. Instead, it will involve human creative, analytical and critical capacity during the process of searching for the truth through studying the context of the surrounding cosmos, including its social and human context.

The role of revealed narratives in this process therefore would be to economise human intellectual effort through providing guidance (huda) and corrective reminders (dhikr), uplifting the human conscience (taqwa/tazkiyah) and, finally, showing man the right path (sirat-i-mustagim). Hence, through this 3D approach, a new paradigm of Islamic learning develops that, against the conventional dogmatic attitudes, must initiate and promote intellectual activism.

This new paradigm may be called the paradigm of human curiosity in search of truth and of voluntary human obedience and willful surrender to its demands and obligations that is the real spirit behind the meaning of the terms `iman` and `islam`.

The 3D approach may potentially change the centre of gravity of religious authority and legitimacy from textual scholars to scientists who, at the same time, should also be well-versed in revealed textual sources. However, during the transitory period until scientists of such calibre can be produced, the gap may be filled by combined councils of both types of specialists in various areas of knowledge without assigning any privileged or sacred position to either group.

Meanwhile, this approach may change the conventional make-up of Islamic religious thought, which had veneered or glossed over inner content during the medieval ages, and should eventually enable Muslims to liberate themselves from the narrow bounds of national, regional, pan-Islamic or binary approaches such as dividing the globe into two territories of war and peace (darul harb and darul Islam).

Through this radically reformed approach, Muslims in a pluralistic and global scenario would be able to develop a visionary, committed and open ethics that would be able to question the world, its order, its achievements and its lapses and then be able to devise concrete modalities to transform the fundamentals of the applied ethics of global human society.

The writer is the former dean of the faculty of Islamic Studies at Karachi University.

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Mitta do apni hasti ko, agar kuch martaba chahiye,
k dana khak men mil kar gul-i-gulzar banta hai.