Keeping balance in justice


By Khalid Durrani

The very basis of creating this universe is the Divine plan of trial and justice. Ayaat 11 to 25 of Surah Al-Araaf (7) clearly state that Almighty Allah sent Adam and his wife to this world to establish the human race that shall live on earth till an appointed time.

Allah sent the divine code of conduct of man, through His books and messengers so that the human race may enjoy the blessings of nature in this world and also become entitled to the eternal life of peace and tranquillity in the world hereafter.

At the same time, he granted the request of Iblees (Satan) and gave him respite till the day of judgment, to try misguiding man and prove his assertion that human race is ungrateful and inferior to Iblees.

Allah said to Iblees, "Get out from this, disgraced and expelled. If any of them follow thee, hell will I fill with you all" (Ayat 18, Surah Al-Araaf). On the other hand, Ayat 25 of Surah Al-Baqara (2) promises reward to the righteous.

Justice or "Adl", as it is called in the Quran, is the most vital ingredient of the human society. Ayat 123 of Surah Al-Baqara (2) says "Then guard yourself against a day where no soul will be of use to another soul, in anything; no compensation will be accepted from anyone (for reduction in punishment), and no intercession will benefit anyone, nor is there any help for them (from outside)".

Allah expects his servants, the human race, to abide by the same principle of trial and justice for conduct of business on earth. The main ingredients of justice are:

* Justice on merit for all; rich or poor, friend or foe.

* No room for influence of wealth, position or recommendation (safarish).

* No concealment of witness or evidence.

* Enforcement of justice with an iron hand.

Ayat 58 of Surah An-Nisa (4) says, "Allah commands you to render back your trusts to those to whom they are due. And when you judge between man and man, that you judge with justice: Verily how excellent is the teaching that He gives you! For Allah is He, who hears and sees all things".

Justice is an attribute of Allah and to stand firm for justice is to be a witness to Allah, even though it may appear to us as detrimental to our interests or the interests of those who are near and dear to us.

Some people may be inclined to favour the rich and powerful, because they expect favours from them. Some people may be inclined to favour the poor because they are generally helpless. Partiality in either case is wrong. Both the rich and the poor are under Allah's protection as far as their legitimate interests are concerned.

Mercy and forgiveness are great virtues, but none can be favoured at the expense of others. Allah can protect their interests better than any man. Ayat 135 of Surah An-Nisa (4) says, "You who believe! Stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for Allah can best protect both. Follow not the lusts (of your hearts,) lest you swerve, and if you distort (justice), verily Allah is well-acquainted with all that you do".

The Latin principle of justice is, "Let justice be done though heaven should fall". The Islamic principle of justice is even higher than Roman or any other human law. It searches out the innermost motives, because we are to act as if in the presence of Allah, to whom all things, acts and motives are known.

Dispensation of justice, without fear or favour, is a sacred trust and has been declared by Almighty Allah, as an essential part of piety (Taqwa). Ayat 8 of Surah Al-Maidah (5) says, "O you who believe! stand out firmly for Allah as witnesses to fair dealing, and let not the hatred of others make you swerve to wrong and depart from justice. Be just: that is next to piety: and fear Allah. For Allah is well-acquainted with all that you do".

To do justice and act righteously in a favourable or neutral atmosphere is meritorious enough, but real test comes when you have to do justice to people who hate you or to whom you have an aversion.

Both Plato and Aristotle have defined justice as the virtue that gives every one his due. From this point of view, justice can be termed as the master virtue that encompasses most other virtues under its fold.

Almighty Allah has enlightened man about the vital importance of justice, through all His messengers. Ayaat 84 to 86 of Surah Hood (II) say, "to the Madyan people (we sent) Shuaib, who said: "O my people! Worship Allah: you have no other good but Him. And give not short measure or weight.... And O my people! Give just measure and weight, nor withhold from the people the things that are their due ... that which is left to you by Allah, is best for you, if you (but) believed!"

Ayat 152 of Surah Al Anaam (6) categorically directs us to abide by the principles of fair play and justice, irrespective of whether the other party is weak or strong, akin to you or not.

"And come not near the orphan's property, except to improve it, until he attains the age of full strength, give measure and weight with (full) justice ... whenever you speak, speak justly, even if a near relative is considered: and fulfil the covenant of Allah: Thus does He command you, that you may remember".

The mission of Islam is commended beautifully in Ayat 15 of Surah Al-Shuara (42), "The more sectarianism and division there is in the world, the more need is there for the Gospel of unity.

Stand steadfast as you are commanded, not (you) follow their vain desires, but say: "I believe in the book which Allah has sent down; and I am commanded to judge justly between you.

Allah is our Lord and your Lord: For us (is the responsibility for) our deeds and for you, for your deeds. There is no contention between us and you. Allah will bring us together, and to Him is (our) final goal".

We must remember that no man, however powerful he may appear, has any authority to be unfair and unjust to people. If any of us shows injustice and hold a rightful entitlement from a person, or gives and undue favour to someone at the cost of others, then the divine justice plays its part.

Ayaat 38 to 48 of Surah An-Najm (53), "that no bearer of burden can bear the burden of another, that man can have nothing but what he strives for, that (the fruit of) his striving will soon come in sight, then will he be rewarded with a reward complete, that to you, Rabb is your final goal, that it is He (Allah) who grants laughter and tears, that it is He who grants death and life, that it is He who gives wealth and satisfaction".

Ayaat 7 to 9 of Surah Al-Rehman (55) say, "He has raised the sky high and He has set up the balance (of justice), so that you may not transgress (due) balance. So establish weight with justice and do not fall short in the balance".

The words, "balance of justice" in the above verses clearly guide us that we should act justly to each other and observe due balance in all our actions, not transgressing due bonds in anything.

Justice is a heavenly virtue. The heavens themselves are sustained by mathematical balance and the constellation Libra (the balance) is entered by the sun at the middle of the zodiacal year.

Taking the meaning of the above Ayaat, both literally and figuratively, man should be honest and just in all daily matters such as weighing-out things, which he is selling: and he should be straight, just and honest, in all the highest dealings and also in his obedience of the laws of Allah.

Ayat 8 of Surah Al-Mumtahinna (60) guides us to deal kindly and equitably even with unbelievers, unless they are rampant and out to destroy us and our faith. It says, "Allah does not forbid you from being kind and acting justly towards those who did not fight over faith with you, not expelled you from your homes, Allah indeed loves those who are just".

If we know the truth of any kind that is affecting the lives or interests of our fellow beings, we must bear witness to it firmly, without fear or favour. Ayaat 33-35 of Surah al-Muarij (70) say, "and those who stand firm in their testimonies and those who guard (the sacredness) of their worship, such will be the honoured ones in the gardens (of bliss)".

Almighty Allah commands us not only to be just in our decisions but also support the cause of justice with all our might. Ayat 9 of Surah Al-Hujrat (49) says, "If two parties among the believers fall into a quarrel, you make peace between them: but if one of them transgresses beyond bounds against the other then fight against the one that transgresses until it complies with the command of Allah. But if it complies, then make peace between them with justice, and be fair: for Allah loves those who are fair (and just).

It is by no means enough to frame rules but leave people free to violate the law if they choose to do so. Justice and fair play must be enforced with iron hand in order to ensure a just, equitable and peaceful co-existence in society.

Ayat 25 of Surah Al-Hadeed (57) emphasizes this important point. It says, "When We sent our apostles with clear signs and sent down with them the book and the balance (of right and wrong), that men may stand forth in justice.

And we sent down iron in which is (material for) mighty war as well as many benefits for mankind that Allah may test, who it is that will help, unseen, Him and His apostles: For Allah is full of strength, exalted in might (and able to ensure His will)". From the above Ayat we conclude that there are some essentials for ensuring a peaceful coexistence in human society:

* Allah's guidance (revelation); which gives us the code of conduct.

* Justice; which ensures that each person gets his due without fear or favour.

* The strong arm of law, symbolized by iron, to deal firmly with evil-doers and violators of law, without discrimination.

Law of evidence in Quran

By Ali Hyder Qureshi

OUR legal system is mainly based on the Law of Evidence for both, the criminal and civil matters. This law in its true perspective is derived from the Holy Quran in a substantial form; whilst the procedure to reinforce the substantial law has been gathered through ‘Ijmaa and ‘Qiyas’ under the various authorities of their time.

The western jurists have based the Law of Evidence on three folds viz. document, credibility of witness and presumptions. We will examine the substantial and procedural form of evidence in the light of the Quranic verses.

Under verse (2:42) Quran says, “confound not truth with falsehood nor knowingly conceal the truth”. The emphasis of Law of Evidence, in its body and soul, either it is English made or the Islamic Qanoon-e-Shahadat, has been laid on the credibility of witness as a pre-requisite of every criterion, when he comes in the witness box. The presumptions emanate thereafter with reference to this verse in its actual purport, the law court or kazi court, take various steps to adjudge the veracity of witness. The character of the witness is firstly tested to ensure that he is not involved under any criminal charge coupled with his involvement in the major sins.

To impeach the credit of witness, the court takes upon itself to ensure that the witness is pious within his religion, belief, prayer and preaching. Before taking his evidence, an oath is administered to him according to his faith/belief. The court watches his conduct and demeanour to testify the recorded version in truth or falsehood.

During evidence, the witness is also put in turning and jolting position with a series of questions raised in the shape of leading, cross, direct and indirect questions for the pieces of ocular, incriminating, circumstantial, hearsay or expert evidence, which the witness is holding in stock either through communication or directly viewing from the occurrence. Such observation imperatively noted by the court is meant for using in the consequent judgment.

The Quranic verse provides directory form to give truthful testimony by the witness; whereas the procedure provides how the said testimony is gathered for ultimate presuming with reasons to hold its credence. Frequently, the justice in a criminal case could be effectually imparted provided the evidence comes with credence. The criminal trial is based on oral evidence; whilst the civil dispute is resolved through a documentary reference. Under Verse (3:282) it is said “O ye who believe! When ye contract a debt for a fixed term, record it in writing between you in (terms) of equity. No scribe should refuse to write, and let him who incurreth the debt dictate, and let him observe his duty to Allah, his lord, and diminish naught thereof. But if he who oweth the debt is of low understanding, or weak or, unable himself to dictate, then let the guardian of his interests dictate in (terms) of equity.

“And call to witness from among your men, two witnesses. And if two men be not (at hand) then a man and two women, of such as ye approve as witnesses, so that if the one erreth (through forgetfulness) the other will cause her to recollect. And the witnesses must not refuse when they are summoned. Be not averse to writing down (the contract) whether it be small or great with (record of) the terms thereof. That is more equitable in the sight of Allah and more sure for testimony, and the best way of avoiding doubt between you; (first part)

The verse contemplates the monetary transaction enforceable through documentation. The way and manner as to execution of document under the number of attesting witnesses is also provided. The transaction of money lending under some contract with sense of proportion / jurisprudence and responsibility of the witness (both male and females) to act as witness in case of summon by the court, is also envisaged in a substantial manner.

Patently, the crux of holy verse solicits the number of the statutes to respond in a procedural activation. For instance, the borrowed amount or money lending is provided under Money Lending Act. The execution of any document as a seal of the contract is provided under the Evidence Act and Contract Act.

Any violation of the contract is enforceable under the Specific Relief Act. Binding of the scribe for writing leads him in equity, which attracts the law of Equity. Weakness of the person to understand the transaction or taken for dictation through his guardian, will invoke the Guardianship Act. Classification of witness as one male and two females connotes status and standing of female in her proportion, approaches to the law of Inheritance or Succession.

In a nutshell, the statutes were enacted to provide procedure to comply the verse in its substantial form. Notwithstanding that the prospect of presumption is also found in the verse, which is evident from rest part of the verse: “Save only in the case when it is actual merchandise while ye transfer among yourselves from hand to hand. In that case it is no sin for you if ye write it not. And have witnesses when ye sell one to another, and let no harm be done to scribe or witness. If ye do (harm to them) Lo! It is a sin in you. Observe your duty to Allah. Allah is teaching you. And Allah is Knower of all things.”

Under this part of verse, the writing is not a pre-requisite of the contract as a whole. Nevertheless, when controversy erupts the presumption will stand in favour of oral contract. The credence of oral evidence cannot be discarded frequently. Sir James Fitz, the author of Indian Evidence Act, 1870 distinguishes the presumption reinforceable on both the law and facts. According to the author “the grounds on which the presumptions of law rest are various. Some of these presumptions are natural presumptions which the law simply recognizes and enforces. But in most of these presumptions the inference is only partially approved by reason.”

The presumption virtually is gathered from the Islamic source of law “Qiyas” which is based on reason. The use of reason for exercise of independent judgment subject to the dictates of the Holy Quran and guidance of the traditions had the approval of the Prophet (PBUH) himself. There is a well known tradition on the point.

Mauz was sent by the Prophet as Governor of Yemen and was asked as to how he would decide any question which he failed to find any assistance from the Holy Quran and Hadees. The Prophet expressed his approval when Mauz replied that he would try to decide according to his reason after he failed to discover solution of that question from Holy Quran and Sunnah.

__________________
"The race is not over because I haven't won yet."

Adil Memon
Police Service of Pakistan (P.S.P)
37th Common Training Program

Liberal democracy & Islam

By Dr Fazlur Rahman

The late Professor Fazlur Rahman wrote: "Islam is the determination to implement, in the physical texture of the world, the command of God or the moral imperative." From another standpoint Jack Miles remarked "The clash of civilizations question, from the Muslim side, is whether the Ummah can join the international community or whether it must incorporate the international community into itself."

Plainly speaking what we are witnessing today is a struggle for world domination between two ideologies - Islamic and the western. The cleavage between the two is so sharp, pronounced and deep rooted that by no stretch of the imagination could it be filled or bridged.

Any attempt at reconciling one with the other is destined to fail and going to distort both. A comparative study of some of the outstanding components of western ideology which are trying to corrode the Islamic ideology may reveal the nature and extent of the polarities.

Let us begin with the liberal democracy which is today being pushed down the peoples' unwilling throats coupled with naive human rights rhetoric. At present we do not propose to engage ourselves with the much discussed inherent shortcomings, defects and pitfalls of democracy so well known to every student of political. Our basic concern is to find out whether the two - Islam and Democracy - are compatible.

Fukuyama declared: 'the end point of mankind's ideological evolution and the universalization of western liberal democracy as the final form of human government' was the end of history. Adopting the role of a fortune teller he claimed: "liberal democracy would not be superseded by a better or a 'higher' form of government".

Not with standing the tall claims the hard fact that today stares humanity in the face is that whatever the form of government if a system fails to address the perennial quest of man to find 'himself', to know the ultimate aim of his 'being', human life would be reduced to not more than an organized animal existence, directed, guided, plundered and ravaged by animal instincts, beastly desires, insatiable lust for power, and a mad rush for domination and aggrandizement. And that is exactly where the liberal democracy has failed man and made his life a hell as we are witnessing today. Invariably we would have to look elsewhere for ascertaining the ultimate concerns of human life, and find out viable means and ways to satisfy the demands of an integrated and wholesome individual and collective personality.

A society or culture which wishes to survive cannot declare the spiritual dimension of the human person to be irrelevant. Democracy is in many respects deaf and dumb to basic concerns of human life.

Democracy, the euphemism for political relativism, confers upon a people the right to legalize marriage between the same sexes, give licence to lesbianism, allow cohabitation between man and woman without entering into marriage contract, offer legal protection to gambling, allow consuming of liquor.

Under the garb of human rights it accords "freedom" to indulge in any immoral practice, in short make or break any rule of rational or moral conduct provided it is so fortunate as to enjoy the blessings of the general will, the will of the masses, or practically that of the majority of the people's representatives.

It may not be out of place here to point out that relativism is the dominant mood of the American people, the champions of democracy in our times. Emrys West cott of Alfred University asserts "I want to suggest that relativism is so embedded in our lives that we often don't recognize it as such.

The way we think of issues such as pluralism or tolerance, our understanding of personal identity, our attitudes to science - all are deeply shaped by the relativist outlook."

Islam starts with the doctrine that man's position in this world is that of a vicar or vicegerent of God. He, as such, is required to shape his entire life - individual and collective - according to the will of his Creator. The Quran terms this pilgrimage towards God as Ibadah. To become a perfect 'abd is the ultimate concern, the summum bonum of human life.

The Quran vehemently denies that man is allowed freedom to do whatever he likes, or that he is without any responsibility, that he is not accountable for his actions, or that he has been created without any purpose.

Islam, contrary to relativism, believes in absolute values, immutable moral norms, and eternally true, valid and relevant objective ethical standards applicable to all people, in all cultures, at all times and places.

Islam thus stands in stark opposition to the philosophy of relativism. Islam disposes of relativism as false and unsound. It rejects outright the notion that there is no moral law rooted in the nature of the human beings, which must govern our understanding of man and the common good.

It discards a concept of pluralism that reflects moral relativism. It holds that in the absence of an objective moral law justice and equity would be the first casualty as they would become matters of personal whims and desires. Obviously it becomes impossible to adjudicate between different conceptions of the personal and common good if there exists no objective standard.

Further, Islam absolutely denies that man, individually or collectively, has a right to legislate for other human beings. Islamic polity is rooted in the ultimate unqualified sovereignty of Allah meaning thereby that a man or a group of men, notwithstanding their representative status, even though they enjoy total confidence of not only the majority but the entire populace, while indulging in legislative activity, can, in no case, transgress the limits laid down by Allah, as explicated finally through the agency of the Last of the Prophets, (PBUH). This inviolable precept of Islam stands in stark denial of the fundamental postulate of democracy that the people are the ultimate source of law.

Democracy is embedded in the uncompromising idea of the supreme sovereignty of the people to be exercised through their representatives with unbridled freedom to legislate.

The people have the birthright to choose any course of action they may deem fit without being under any obligation to follow or take into account any superior will. The general will or the will of the masses is the godhead of democratic dispensation.

It is thus mere naivety to suggest that democracy could be Islamized by being superimposed by belief in the sovereignty of God. It would merely destroy the very axioms, the basic doctrines of democracy.

Furthermore, it is undeniable that democracy in its true spirit and form could exist and thrive only in a secular framework and with a secular mindset. Secularism is the life-blood of democracy.

If so, the pertinent question is whether there exists any possibility of a reconciliation between Islam and secularism? Could secularism be Islamized? Vice versa, could Islam afford to be secularized? Secularism, to be brief, consists in the liberation of man from religious and metaphysical control.

There are three basic postulates of secularism: (a) death of God or as some prefer to say absence of God; (b) pluralism or to use common parlance tolerance; (c) relativism. The last two are necessary corollaries to the first one.

Death or absence of God means that man can live without God. God is no longer allowed to interfere in man's world, He must have no influence on human life. Without God every criteria of good and bad, right and wrong is lost to man.

Every man is left to believe and act in his own way according to his whims and wishes. In the absence of a common standard to judge, every belief and action of others would have to be respected or at least tolerated as good and correct.

Obviously secularism demands a pluralism which would preclude a privileged position to any particular religion. As for relativism, it is the 'Siamese twin' to pluralism. As nothing is right or wrong choice becomes a matter of taste or liking not of principle or law.

No wonder if the late Professor Fazlur Rahman asserted in unequivocal words, "secularism destroys the sanctity and universality (transcendence) of all moral values... secularism is necessarily atheistic."

Niazi Burkes, the most avowed secularist and one of the most ardent preachers of Turkish secularism, once wrote: Secularism is a doctrine, spirit or consciousness advocating the temporal (as opposed to the sacred) foundation of "individual ideas, attitudes, beliefs or interests."

The first and the foremost concern of secularism is the doctrine of separation between church and the state, separation of political sphere from religion. This proposition not only undermines Islam's hegemony over human life, it rather annihilates fundamental doctrines of Islam.

Islam views human life as indivisible, as an integrated whole, incapable of being split in watertight compartments. One has to accept Islam - the whole of it or to reject it entirely.

The secularist outlook, at the very most, relegates Islam, only grudgingly so, to the ever-shrinking sphere of private devotion. The considered secularist view is that resistance to secularism is a sure sign of intellectual archaism, cultural schizophrenia and religious bigotry.

No doubt there are some superficial similarities between the Islamic and liberal democratic political dispensations like representative character of the government, the institution of Shoora, the accountability factor, due process of law, or their common abhorrence to autocratic and dictatorial rule, all or some of which have misled some writers to identify Islamic polity with democracy or at least approximate one to the other.

However, descending deeper into the philosophical foundations of the two, the irresistible conclusion is that secularism and relativism, being inextricably interwoven into the basic texture of democracy and sovereignty of people being its corner stone, democracy is not only incompatible with Islam, it is rather an anti-thesis of Islamic ideology. With every advancing step of democracy, Islam is sure to be forced to beat a hasty retreat and lose ground in equal measure.

Woodrow Wilson, about whom H. L. Mencken wrote, "He thought he was Jesus Christ", plunged America into the First World War to "make the world safe for democracy." Today the problem is how to make democracy safe for the world? How to salvage the humanity from the scourge of the acknowledged fiendish madness that the democracy is?

__________________
"The race is not over because I haven't won yet."

Adil Memon
Police Service of Pakistan (P.S.P)
37th Common Training Program

Life after death

By Jafar Wafa

ROBERT FISK, the well-known British journalist, now based in the Middle East, has indulged in self-analysis while devoting a newspaper column to events concerning former premier Rafik Harari’s assassination in Beirut. Inter alia, he has also thrown light on the psyche of the ‘Islamist’ suicide bombers active in Iraq.

He recalls his casual conversation with the late prime minister of Lebanon in a Beirut restaurant, a few days before he was blown up in a devastating bomb attack. He says that answering his query whether he believed in after-life the latter’s response was an emphatic ‘yes’ — an unexpected answer from a worldly-wise politician rolling in wealth.

Fisk was deeply impressed by a liberal and moderate Muslim’s faith in after-life. This made it easy for him to understand the strong impulse that the faith in after-life generated in young men and women who embraced an assured death by blowing up a dynamite-packed vehicle.

So, the present life, however easy and luxurious for some and however difficult and miserable for others, is neither a ‘divine comedy’ for the former nor a tragedy for the latter. In the final analysis, both appear to be in transit to a ‘brave new world’ after suffering the inevitable death in this world.

Why is the next world necessary? The answer that put the journalist thinking was provided by a relative of a suicide bomber in Iraq. “Is there justice in the present world?” was the counter-question posed by the person interviewed. How could a realist like Fisk with leftist leanings, conscious of the absence of economic and distributive justice in a major part of the world, answer in the affirmative? So, a second innings is, logically and sensibly, necessary for justice to be dispensed by a Power, much above human level, in an indescribable world that defies definition in the languages known to humans. To believe or not to believe in such a world? This is the atheists’ dilemma.

Now let us have a look at the world where we have been created. How and when in the time-space spectrum are inconsequential. We know, as our own science tells us, that the earth is the planet where alone life exists, as no extra-terrestrial being has been discovered so far. And even if life is found on some other planet, or planets, the importance and characteristics of the life as it exists on the earth will remain unaffected. Though bereft of life, other planets — the sun, the moon and countless stars — have certain functions to perform, some of these having a direct bearing on the survival and sustenance of the living beings on the earth. Even the land mass and the immense expanse of saline water that occupies the greater surface of the earth play their parts in supporting life in its various forms on the globe.

The inanimate heavenly bodies, the dry land and watery oceans on the earth, the air in the earth’s atmosphere and the floating clouds are all serving the purpose they are meant for. The sun is rising and setting every day in the sense human beings see it, and is providing light and measured heat exactly according to schedule; the land is producing vegetation of all kinds regularly, as ever before; the clouds give rain wherever the winds take them, the trees and plants continue providing fruits and flowers of the kind each of them is supposed to produce. None of these lifeless objects have the faculty of choosing or determining their own course nor are they performing the given functions of their own volition and free will.

Reflecting on the issue a sensible person will accept as true the Divinely-revealed text: “It is we (the Almighty) who send down rain from the sky whence you have your drink and whence the trees (are irrigated), as also pastures for the livestock, and which causes crops to grow for you — the olive, the date-palm and grapes and all kinds of fruits. And We have constrained the night and the day and the sun and the moon to be of service to you, and stars have been made subservient to you, and whatsoever, of diverse hues is in the earth has been created for you — these are indeed portents for the people who have sense” (Quran 16: 10-13).

How true the above statement may appear to those ‘who reflect and have sense’ (to use the Quranic phrases), who may conclude that, obviously, there is a set purpose and a determined design in the whole scenario. But there are others who dismiss it as a mere chance happening, a fluke and an accidental scenario, without a plan or purpose. This is how one becomes a ‘believer’, who believes in the existence of a wise and all-knowing Creator, and the other becomes an unbeliever, who denies the existence of the Creator, wise or otherwise.

But can such a person, who denies that all that he or she sees on the earth and in the universe has been created for mankind, offer any plausible explanation for the fact that if any of the inanimate or animate objects of nature — the lifeless sun, the moon, the air and the oceans, or the living plants and animals cease to act as they do without their own volition and choice, the very existence of man on this planet will be at stake? If the sun alone ceases to give light and critically measured heat, the land will stop producing crops, as there will be no rainfall for want of evaporation of sea water and, consequently, no cloud formation.

A person of the meanest intelligence, as such, will conclude that everything on the earth and in the skies is there according to a plan and is performing its function without the slightest failing and without even a minor deviation from the routine to keep mankind alive and active. It does not take a genius to conclude that all these things on which human life depends so directly happen to be there not by chance but by design. The evidence is unmistakably there of a Master Creator and Sustainer behind this well-planned, perfectly integrated and ably orchestrated natural phenomena that all of us observe unfolding before our eyes day in and day out.

Let us look at this issue from yet another angle. Supposing mankind, like the dinosaurs becomes extinct for one cause or another, the sun, the moon, the mountains, and oceans — in short every thing on earth and in the universe — will remain unaffected, showing that whereas man depends for his survival on them, none of them depend for their existence on man. Further, the survival of mankind is so critically linked with the environment that even a minor change from the normal and balanced state will spell disaster for all forms of life including the that of human species.

A sensible person is also likely to ask oneself that if all that exists in the sphere of human needs and requirements is meant to serve mankind, then what is the purpose of mankind itself? Whom is mankind supposed to serve, as humans alone, in the scheme of things, are endowed with the faculty of reasoning and choosing and determining their own course and have the freedom to act according to personal likes and dislikes? “Does mankind think that it will be left aimless? (75:36)” the Quran asks all right-thinking men and women to ponder.

Those who have a tenuous belief in after-life, or who plainly deny accountability of their deeds performed according to their own choice in their present life should reflect and weigh the pros and cons of treating such a serious matter nonchalantly and with complete indifference.

Certainly, the freedom of action which they enjoy cannot be without being saddled with any responsibility. They cannot be at par with lifeless objects or with those living creatures — the worms, the ants and the beasts — who perform their acts as their instincts tell them and have no choice of their own.

__________________
"The race is not over because I haven't won yet."

Adil Memon
Police Service of Pakistan (P.S.P)
37th Common Training Program

Moderation in Islam

By S.G. Jilanee

Moderation is currently the most fashionable buzzword, hyped to the high heavens, especially because it was "floated" in the same way as "roadmap," about a decade ago. But this is the age of semantics, where words are given a sense different from original connotation.

The word 'moderation' offers a glaring example of semantics. For example: who did not know that the term means "avoidance of extremes?" Who did not know the blessings of a steady, middle course and the curse of extreme attitudes in every sphere of human life? So why should it have to be trumpeted about as if it is a new-found gem of wisdom?

This word at present is being mainly applied and addressed to Muslims. It is not applied to other communities such as Christians, Jews and Hindus. And, besides, those who preach moderation the loudest are themselves often its most flagrant violators.

For instance, not long ago there was a furore in the US media about the insulting remarks against Islam that US deputy under-secretary, Lt. Gen. William Boykin made before church gatherings. Yet, he was not even disciplined.

The desecration of mosques in India and Israel and the torching of churches are ignored. Nevertheless, it is a tragic irony for Muslims to have to be lectured on "moderation," by non-Muslims.

A Muslim's identity, 1slam, which means submission (to Allah) and peace, itself embodies the basic elements of "moderation," - balance, due proportion, tolerance, justice and equity - because abiding each and tranquillity is unthinkable in a situation of extremes. In fact, moderation or balance is the core value, the very soul of Islam.

Whoever claims to be a Muslim is, therefore, expected to be aware of what moderation means and how excess should be avoided in practical life. If they do not, their faith would be incomplete and amount, at best, to lip service.

They would be like the desert mentioned in the Holy Quran 49:14 "The desert Arabs say, 'We believe', (O Prophet) Say, 'Ye have no faith but ye only say 'We believe.'..." On the other hand, if any Muslim knowingly abandoned moderation, then he strayed from the Straight Path (siratal mustaqeem).

Being in complete accord with nature, Islam approaches the issue of moderation holistically to encompass all aspects of human conduct, both in personal matters and in social life. Therefore, Islam treats extremism not only in its negative (violent or provocative) aspect, as the West tends to do, but in its positive (virtuous) aspect, as well.

Extremes of both kinds, too much as well as too little (ifraat and tafreet), have to be avoided. To make the point, the Holy Quran mentions balance, Justice and due proportion repeatedly in every sphere of creation, including even elements, planets and stars.

"Every single thing is before His sight in due proportion." (13:8). Planets orbit on their fixed routes; none collides with the other. "It is not permitted for the sun to catch up with the moon." (36:40).

The sun and the moon, both, traverse the belt of the zodiac and (their motions are different, yet they never catch up with each other. It is the same with everything else. Again, in 15:19, "And the earth We have spread 'out, set thereon mountains firm and immovable and produced therein all kinds of things in due balance."

Thus equilibrium is in the very nature of things; any disturbance in it would be a recipe for disaster. For example, overeating would cause indigestion and the slightest change of molecules could turn wholesome water into poison. There is no extreme either way in the Divine dispensation, but a Just balance.

One of the fields of positive activity where mankind was likely to go to extremes was in the worship of God. Indeed, this appeared on the face of it to be the surest way to earn His pleasure and the eternal bliss of salvation. Many people professing other faiths, therefore, in their religious ardour, renounced the world.

They became hermits, ascetics, celibates. They went to dwell in caves performing rigorous penance to expiate their sins and purify their soul. Yet, to renounce the world in order to serve and worship Allah is neither the practical nor the natural way of life.

It would even conflict with His purpose of Creation if everyone gave up the world and took to a life of celibacy, asceticism and confined himself only to prayers.

Thus, when Allah says, "I created, jinn and men only that they worship/serve Me", the implication of worship and service is not endless prayers and fasting and turning His name on the beads of a rosary. And to bring the point home, He instructed His Messenger to, "stand (to prayer) by night but not all night; half of it, or a little more or less."

Returning to the question of moderation, let us take "positive" extremism first. This kind relates entirely to one's personal actions, which do not affect other people. Several items fall in this category; first of them being religion. Too much of religious zeal may end up in fanaticism and bigotry. So the Quran says, "Commit no excess in your relation." (4:171).

The second is charity: The Book is replete with exhortations, inducements and commands to spend, spend and spend, yet it admonishes "The servants of Allah are those who, when they spend are not extravagant and not niggardly but hold a just (balance) between those (extremes)." (25:67).

Elsewhere it say, ".... And render to kindred their due rights as also to those in want and to the wayfarer. But squander not your wealth in the manner of a spendthrift. (17: 26-27).

In the context of food: "Eat of the good things We have provided for your sustenance but commit no excess therein...." (20:81). As regards, lifestyle: "O children of Adam! wear your beautiful apparel .... and eat and drink but waste not by excess for Allah loveth not the wasters. Finally, even in happiness and sorrow there is admonition against extremes.

The negative side of extremism affects other people, which is why it has triggered the current outcry for moderation. This kind of extremism would include, from reviling other people's gods (faith) to retaliation and revenge. As to the first, the Command is "Revile not ye those whom they call upon besides Allah..." (6-108).

As to retaliation, Islam recognizes the natural instinct of mankind to avenge an injury. Therefore, it has prescribed retaliation (law of equality) in the case of murder, such as "the free for the free, the slave for the slave, the woman for the woman," but authorizes the heir of the slain to grant remission.

It warns that, "after this whoever exceeds the limits shall be in grave penalty." (2:178) Elsewhere it is repeated thus, "And if anyone is slain wrongfully We have given his heir authority to demand (Qisas or forgive), but let him not exceed bounds in the matter. (17:33).

Islam also recognizes lex talionis (again the law of equality). "Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth and wounds equal for equal." (5:45).

"The recompense for an inquiry is an injury equal thereto," it says. (42:40). But, any excess is strictly forbidden. "(Do not commit excess)" is the Divine admonition and the warning, "Allah does not love those who transgress."

On the other hand, forgiveness is encouraged. From 5:8 where it says, "... Stand out firmly for Allah in fair dealing and let not the hatred (if others to you make you swerve to wrong and depart from justice....." Fairness, justice, balance and restraint are extolled as excess is deplored and throughout the Book.

ln the light of the above submissions therefore, those who suggest moderating Islam, only expose their ignorance of the Divine Message. The fact is that Islam enjoins its followers to give lessons in moderation to other people. What the Muslims need today, therefore, is not lectures in the liberals' concept of moderation, but to delve into the treasure trove of guidance that Islam has already bequeathed to them.

__________________
"The race is not over because I haven't won yet."

Adil Memon
Police Service of Pakistan (P.S.P)
37th Common Training Program

Muslim world in disarray

By S. G. Jilanee

Back in the nineteenth century Maulana Altaf Hussain Hali wrote an invocation addressed to the Prophet (S.A.W). It began with the lines: "Ai khasa-i-khasan-i-rosul waqt-e-doa hai / Ummat pe teri waqt ajab aan para hai." (O noblest of the noble prophets this is the time to pray. Your Ummah is passing through strange times).

But his lamentation had a local orientation. It was based on the Muslims of India, who lay shattered and demoralized in the aftermath of the 1857 mutiny and the rigorous reprisals of the British army.

Iqbal covered a wider canvas. He took full account of the universal decline of Ummah and catalogued its causes in detail in his Jawab-i-shikwah. Yet, if there has been any change, it seems to have been for the worse.

More than half a century ago, Mohammad Asad (Leopold) Weiss, a Christian convert to Islam, wrote "Islam at the Crossroads." Today, the Ummah seems to have sunk deeper in the doldrums.

What is happening to it is the logical consequence of its own acts. It is a case of self-inflicted wounds. Ummah has been used in the Quran at various places to connote a people, community, nation, or brotherhood, according to the context.

It appears for the first time in 2:134 where it refers to Abraham's progeny, saying, "That was a 'people' that hath passed away." Here, it means "people." In 2:43 it says, "We made of you an Ummah justly balanced that ye might be witness over the nations."

Here, according to translators, the word could be interpreted both as having universal application for the entire Muslim community globally or narrowly in the literal sense to apply to the Arabs only to whom the Message was addressed. (q.v. Abdullah Yusuf Ali, the Holy Quran).

In 10-47 and 16:36 respectively, it is said, "To every Ummah (was sent) a Messenger" and, "We have sent among every Ummah, a Messenger." Here, too, the word carries the sense of "people, or community".

At two other places namely 21:92 and 23:52, scholars have adopted "brotherhood" as the only appropriate interpretation of the term. Says the Quran, "And if thy Lord had so willed He could surely have made mankind one Ummah (people).

Verily this Brotherhood of yours is a single Brotherhood." In Hujurat (49:10) all Muslims are described as brothers (Ikhwatun). "The Believers are a single Brotherhood (49:10).

Explaining the use of brotherhood to translate, Ummah, Yusuf Ali writes, "Community, race, nation, people, are words which import other ideas and do not quite correspond to Ummah.

'Religion' and 'Way of life' are derived meanings which could be used in other passages, but are less appropriate here." He takes note of the universal applicability of the Divine statement here to include "people of very different temperament and virtues, widely different in time, race, language, surroundings, history, and calling, yet forming the closest fraternity as being men and women united in the service of Allah. They pre-figure the final and perfect Brotherhood of Islam."

But, even a cursory look at what the Ummah did with those noble precepts would make the blood boil or the heart weep. The drift had set in as the Prophet had left this world.

The battles of Jamal and Siffeen, the assassination of Usman (R.A.) and Ali (R.A.) and the massacre of Karbala, one after the other, within just fifty years of his demise, demonstrate how the Ummah had profaned the Divine injunctions.

The irony becomes doubly tragic in light of the fact that the Quran repeatedly asserts that it was revealed in their, Arabic, language so it could be easier for them to comprehend.

Subsequently, conquests followed; empires, - Abbasids, Ummaiyads, Fatimids, Ottoman and, in India, Mughal - were built. Islam spread from Mauritania and Morocco on the tip of the Atlantic Ocean, to Indonesia in the Far East, taking parts of Europe, Central Asia and China, in its stride.

As people of other races converted to Islam, and "Ummah" translated, from "Arab people" to "Muslims of all colours and races", it could be justly expected that they would be bound together by the 'Rope of Allah' (habl illah), into a single bond of brotherhood.

They would stand together, shoulder to shoulder, in fair weather and foul, in weal and woe, like a solid cemented structure. "Bunyan um marsoos" (61:4) But that hope, alas, did not materialize. What happened was its opposite. The Ummah fragmented, with cracks appearing both vertically and horizontally.

Forgotten was the clarion call of the Quran which the Prophet (SAW) had repeated at his khutba, namely, "Verily the most honoured among you in the sight of Allah is he who is the most righteous of you." (49:13).

Ignored, likewise, was the admonition to "hold firmly to the "Rope" of Allah and "do not split." On the contrary, such bitterness took hold among sections of the Ummah against one another that even the Kaaba was not spared.

In 928 AD the Qaramtis raided Makkah, slaughtered the pilgrims, desecrated the Kaaba, looted even its covering and took away the Black Stone, which was returned after 20 years! But that is only one part of the story. The more tragic part of it is that after the twelfth century, the pursuit of knowledge also declined. During that glorious period of Muslim history, theologians and jurists had flourished side by side with others who made great strides in other disciplines, such as literature, medicine, science and philosophy.

But from the thirteenth century onwards, it appears that the Muslims retreated into a cocoon which kept every other branch of knowledge out of bounds, science being chosen for the worst opprobrium.

When Renaissance came to Europe, the Ummah was wallowing in utter darkness. There was none to study Francis Bacon and Hobbs and Descartes and answer them. The same Ummah that had thrown up renowned mathematicians and astronomers in the past was nowhere as Europe produced Galileo, Copernicus, Newton, et al and other inventors.

The downside reached a stage when in the early nineteenth century the Russian cannons were shattering the walls of the city of Bokhara, people were sitting in groups in mosques and madressahs and reciting "khatm-i-khwajgan." What happened thereafter is history.

Even today there is not much change in attitudes. The Ummah defies the Divine command. It remains divided. There are circles within circles. One of them is the Arab League, an exclusive club of the Arabic-speaking elite. And the Arab League is sub-divided into groups.

There are Muslim rulers who are literally swimming in a sea of gold, boasting a 2000-room palace where everything from bedsteads to telephones to bathtubs and even commode seats are covered in 24-karat gold plate, besides a throne of gold, gold-plated carriage and even umbrella. But nothing is ever heard of any contribution to encourage pursuit of learning, especially the sciences. No universities established, no scholarships to the promising children of the Ummah offered.

The Ummah is powerless. It does not produce any weapons. And yet, the mullah, jolted from his sleep has gone to the other unwise extreme to preach armed conflict with the enemy who is equipped with the latest technology. This is a sure recipe for suicide.

The fact is that the Ummah is defying Allah's admonitions, injunctions and commands. No amount of chest-beating or wild fulminations will avail. There is no way to recovery except following the Divine guidance.

__________________
"The race is not over because I haven't won yet."

Adil Memon
Police Service of Pakistan (P.S.P)
37th Common Training Program

By Dr S. Iftikhar Ahmed

Muslims are monotheists and believe strictly in one God, Almighty Allah, Who is Omnipotent and Omnipresent. They also believe that He is the creator of the universe. They have faith in their book, the Quran, bestowed upon them through Prophet Mohammad (PBUH).

History bears it out that the Muslims were the most advanced in civilization and scientific research until the 15th century (700 - 1500 AD). During this period, academic and intellectual activities were fully supported and encouraged.

There was freedom of expression and the scholars were recognized on the basis of merit and contribution irrespective of their affiliations and religious considerations.

As a result of this academic and scientific environment, a number of breakthroughs, especially in the sciences, were made by the Muslims. A few of the luminaries of that period include Al-Razi (chemistry and medicine); Al-Beruni (physics and medicine); Al-Khawarizmi (mathematics); Ibn-Al-Haitham (optics); Al-Ghazali, Ibne-Rushd, Al-Kindi (philosophy).

The gradual degeneration of the Muslim society from the 17th century onwards was caused by several factors, but mainly due to a change in the policy of liberalism and logic-based decisions to religion-based conservatism accompanied with intolerance. Economic losses through the colonization of Muslim lands by western powers and the continued neglect of most needed corrections was another reason.

Unfortunately, the situation has not yet improved. Sectarian murders, even in places of worship, are common and terrorism is at its height. It has been said in the Quran (Sura 4, Verse 105) that Allah does not like the treacherous or the sinful. Furthermore, in the Quran (sura 2, Verse 111), it is said "who is more unjust who seeks to destroy the mosques of Allah and forbids His name to be mentioned in them?"

The question arises as to why we are so ignorant and divided while there is a greater need today for stronger unity among Muslims especially after September 11, 2001. We have to consider that if we continue declaring other Muslims as "kafirs" and killing each other, we will become weaker and liable to further exploitation by our enemies. It may pose ultimately a risk to our own existence.

We have to remember a few facts: (1) Our enemies are technically and economically stronger and (2) Allah is always just in applying His natural laws uniformly for all His creations without discrimination or favour.

As such, it is essential that Muslims take into consideration the rules governing their existence, e.g. survival of the fittest and struggle for existence. We should work hard for re-establishing credibility and make realistic efforts on a long-term basis for necessary economic stability and progress.

It seems that there are two main causes owing to which Muslims are lagging behind. These are (1) lack of knowledge, and (2) lack of understanding of the basis of Allah's creations. The following extracts from the Holy Quran may serve as an eye-opener and provide clear examples in favour of acquiring scientific knowledge.

Sura 2, Verse 164: "In the creation of heavens and earth; in the alteration of the night and the day; in the ships that sail the oceans with what is beneficial to man; in the water which Allah sends down from the sky and with which He revives the earth after its death, dispersing over it all manners of beasts; in the movement of wind, and in the clouds that are driven between earth and sky; surely in these there are signs for people who understand."

Sura 6, Verse 95: "It is Allah who splits the seed and the fruit-stone. He brings forth the living from the dead and the dead from the living, such is Allah. How then you can turn away from Him?"

Sura 13, Verse 3: "It was He who spread earth and placed upon it firm mountains and rivers. And all fruits. He has put in it couples (male and female) and drew the veil of night over day. Surely in these there are signs for thinking men."

Sura 16, Verse 11: "Therewith He causeth crop to grow with you, and the olive and the date-palm and grapes and all kinds of fruits. Lo! herein indeed a portent for people to reflect."

The emphasis given by Prophet Mohammad (PBUH) on knowledge used the creation of universe and thinking reflecting in the utilization of resources bestowed by Allah for the betterment of humanity provide a clear indication of the importance of knowledge especially of the sciences which have been neglected by Muslims all over the world. We are perhaps punished for the same.

If one looks into dictionaries and encyclopaedia for the meaning of the word Ilm (frequently used in the Quran) meaning knowledge and compare it with the meanings of the word "science", one would realize the importance of science.

We can see that Pakistan has been saved by a single breakthrough in atomic research by our scientists and engineers. This is the real potential of scientific research.

All facts of the universe lead to a definite conclusion that Allah has used natural laws (scientific laws) in His creation (structure and working) of the universe and every thing included in it.

The millions of galaxies (each containing millions of stars), the movement of the sun, moon and other planets, the complex structure and working of unicellular and multi cellular organisms (plants, animals, etc.) are based on scientific laws. It defies one's sense of logic as to why Muslims (57 countries) who believe in one Allah are so indifferent to the natural laws (natural sciences).

As an example, it would be worthwhile to mention that the working of our body is also based on scientifically oriented systems, e.g. nervous system, respiratory system, blood circulatory system, digestive system, excretory system, reproductive system, audio-visual systems, etc.

Our body is the most complicated biological machine engineered by Almighty Allah and its functioning is based on integrated application of the majority of sciences we know till now.

One gets a basic medical degree (MBBS) after five years and this provides only a preliminary knowledge. Specialized training in several advanced branches of medicine are on the increase every day.

The secrets of nature will continue to be investigated and unearthed by the scientists as long as our planet earth exists. It is, therefore imperative for Muslims to understand Allah's message and get closer to Him.

It is necessary for our existence that the Muslims should study the scientific rules governing our lives and this universe, make efforts to achieve scientific progress and ultimately re-establish our credibility in the comity of nations. It is gratifying that in this context reasonable progress has been made with reference to "information technology" but there is still a long way to go.

In the modern world, the progress of a country is essentially knowledge-based. We, therefore, cannot afford to neglect the need for acquiring technical knowledge if we have to face the existing challenges of the developed world to secure our future. Properly trained manpower is a must for the success of any research organization.

It is important that higher education be improved up to the required standard so that it may produce the requisite manpower. Special and advanced institutions may be developed for this purpose but finances have to be used wisely and honestly.

The manpower with the requisite qualifications would definitely add to our intellectual capital and would enhance our prestige and importance in international forums.

It is, therefore, necessary that Pakistan does not miss the chance provided by Allah and make full efforts to narrow the scientific and technological gap existing between the developed and developing countries.

__________________
"The race is not over because I haven't won yet."

Adil Memon
Police Service of Pakistan (P.S.P)
37th Common Training Program

Mysticism in Islam


By Jafar Wafa

For a spiritually enlightened mind, capable of direct communication with God, the 'angelic' trait (malakuti, in Sufistic terms) has to be developed by distancing oneself, momentarily or temporarily, from the physical state of being.

A perfect person (Marde Kaamil) is one who lives in the physical state, like all ordinary human beings, and yet can lift himself out of it whenever the situation so demands.

Prophets alone are such perfect persons, and a sweeping look at the events immediately preceding the apostleship of the three founding Prophets of Abraham's monotheism in the world will substantiate the statement.

It was only after detaching themselves, in the initial stage, from the material environs that the Messengers of God were granted prophethood as also super-human powers - spiritual and mental - to face and in the end, subdue the earthly powers that had corrupted society and nurtured an unjust and iniquitous social order in their spheres of authority in their times.

According to the Bible, Prophet Moses "stayed on Mount Sinai with the Lord for forty days and nights, eating and drinking nothing. He wrote on the Tablets the words of the Covenant - the Ten Commandments" (Exodus 34:28).

Jesus Christ too, "when the Devil led him into the desert, fasted and after forty days and nights without food he was hungry... Then the angels came and helped him" (Mathews 3-4:2-11).

Similarly, according to all accounts, Prophet Muhammad (pbuh) used to retire to the solitude of the cave of Hera in the foothills of his native city for months, meditating day in and day out in search for the Truth (Haque) till the 'light' came to him and, some time earlier, "his bosom was opened up and the burdensome weight that had bent his back was removed" (Quran 94:1-3).

Imam Ghazali, who is recognized as an eminent Sufi and an equally eminent philosopher, holds that "Prophets rank higher than ordinary humans, just as the latter rank higher than animals and that no one can become a prophet just by striving for it" (quoted by Syed Sulaiman Nadvi in Seeratun Nabi - Vol IV). But none of the Prophets claimed for themselves a place equal to their creator or deviated from the Law (Sharia) revealed to them.

Unfortunately, a few of the Sufis were alleged to hold non-conformist beliefs contrary to the Sharia. On this account, Mansur Hallaj was executed in 922 AD at Baghdad under order of the State's Grand Vizier.

Yahya Bin Habash Suhrawardy was put to death at Aleppo under Saladin's order and Sarmad in India under the orders of Emperor Aurangzeb, both on complaint of the exoteric, or theological, orthodoxy.

These are, however, the only exceptions in an otherwise long list of Sufis who are revered even to this day for piety and peaceful proselytising work in that part of the world where Arab armies never set their feet after Islamizing and Arabizing the Middle Eastern and North African states in the 7th and 8th centuries of the Christian era.

Nor the Turko-Afghan Muslim conquerors established their sway as they did in South Asia. The astonishingly large numbers of Muslim converts in Eastern Africa (Nigeria, Somalia, Eritrea etc) and in South-East Asia (Malaysia, Indonesia, North Borneo, South Philippines and South Thailand) prove how bloodless and peaceful was the penetration of Islam in these regions, thanks to the Sufis and exoteric preachers of the faith.

Even in the Indian subcontinent according to Dr. Tarachand ('Influence of Islam on Indian Culture'), during 10th and 11th centuries A.D., "numerous Muslim men of learning and religion poured into India and it is impossible to compile a list of all of them."

He names quite a few important ones like Ali Hajweri, Khwaja Moinuddin Chishti, Fariduddin Attar, Baba Farid, Qutubuddin Bakhtiar Kaki, Bahauddin Zakaria etc. He further acknowledges that "a host of others of less renown lived and laboured in India and, through their personal contact and influence, spread the ideas of Islamic philosophy and mysticism through the length and breadth of India."

Sharia, in today's context in the Islamic world, stands for those juristical and theological opinions of those exoteric and pious men of learning of the 8th and 9th centuries AD, who founded their respective schools of Fiqh (or juristic verdicts on theological issues).

The present day followers of Islam have to adhere to any one of these schools of Fiqh, a few by choice and mostly by accident of birth. Today, these juristic schools have been turned into feuding sects which is a lamentable fact and which was never intended to happen by the well-meaning, extremely pious and God-fearing founders of these theological schools.

Whereas the prescriptive part of the Faith prayers, fasting, alms-giving, pilgrimage and moral conduct can be observed by individual Muslims and even their communities living in any part of the world, Sharia laws can be implemented only where political power is wielded by the Muslims, and those in authority among them feel sincerely inclined to do so.

This approach to the observance of the theological code is distinct from 'suluk', literally the mystic path, although the professed goal of both is the same - pleasing the Almighty by obeying His commands as best as possible in the given circumstances generally and the individual capacity ('wusaa') in particular.

The former, exoteric or theological approach, represents the letter of the Faith to be enforced by the State's executive authority on all those who call themselves Muslims.

The latter, or mystic approach, induces those who are sincere believers of the Faith to conduct themselves according to the Sharia, not because of external compulsion but by inner promptings, irrespective of the fact whether the believers live in a state where sharia laws are operative or not.

Where the letter of Islam is not the law of the land, it is every believer's own responsibility to keep the spirit of Islam alive, as the Sufis of Naqshbandi order did in the erstwhile Soviet Republics of Central Asia where mosques were closed, practising religious rites and offering prayers in public prohibited, and the Holy Quran kept out of circulation.

The mystic assumption, which came true, was that atheistic indoctrination will only affect the mind, it cannot benumb or kill the soul which, according to the Quran, "proceeds from the command of the Creator" (17:87).

It is the human soul (Rooh Nafs according to mystics) which is accountable in the Hereafter for deeds during one's life on earths irrespective of the fact whether the state machinery was helpful or hostile in enabling an individual to lead a life of piety and abstinence from sin.

This is in accord with what the Quran implies when it says that it is ingrained in every soul as to what is right and what is wrong: "By the soul and Him who perfected it and inspired it with what is wrong for it and what is right for it" (91: 7-8).

If one cannot make society tread collectively on the right path despite striving for that, to the extent one can, then one has to adopt the right path for one's own self, as the Quran pronounces explicitly that it is every one's individual responsibility to do good deeds for reward in the next world: "Then every soul will know what it has made available for the Day of Judgment" (81: 14).

It is the soul, not discursive intellect, which is capable of perceiving the mystic experience that ennobles the man or woman concerned and elevates him or her to a higher plane where the Divine presence manifests itself and, in that state of blissful being, showers His infinite affection addressing, endearingly, in the words of the holy Book thus:

"O, thou Soul at peace!
Return Unto thy Creator!
Content in His good pleasure!
Enter thou among those who served Me!
Enter then My own Garden!" (89: 29-30).

__________________
"The race is not over because I haven't won yet."

Adil Memon
Police Service of Pakistan (P.S.P)
37th Common Training Program

No gender bias in Islam

By Prof Mohammed Rafi

HISTORY is silent as to whether there was any distinction in the status of male and female sexes during the beginning of human civilization. However, in later days, females were regarded inferior to males. This idea of inferiority developed to such an extent that the males not only claimed superiority over females but further arrogated to themselves the right to utilize and employ the female sex as they liked.

All the dull and uninteresting tasks were, therefore, assigned to her. The Bible tells us that Satan misguided Eve, who in turn misguided Adam, and he ate the forbidden fruit (Genesis 2-3) and they were thrown out of heaven. Thus woman has always been viewed as the real cause of the first sin and not man.

Contrary to popular belief, the Quran has clearly indicated that Satan misguided both Adam and his mate together. (2:36). Christians believe that Adam was created first. When he felt lonely, Eve was created from his rib (Genesis). Unfortunately many Muslim theologians have the same belief. At another place, in Bokhari, it is written “Abu Huraira narrated that Muhammad when he peeped into Heaven, he saw the poor and when he looked into Hell, and he found the majority to be women”.

It must be noted that Muhammad is also reported to have said that heaven is at the feet of the mother. Such contradictory traditions make women hateful and even Quranic concepts are interpreted wrongly in the light of pre-conceived ideas which do not reflect the true Divine message. One can easily infer that these traditions were coined by men who considered women to be of low integrity only suitable to be their wives fulfilling their lowly desires and nothing else.

The following verses of the Quran make it clear that men and women are partners and equally capable. “Men are capable of integrating themselves by the laws of Allah and so are women. Man can belong to the party which believes that the sure result of following Allah’s laws will be universal peace, and so can women. Men have the capability to preserve their abilities in such a way that they use them only in accordance with His laws, and so have women. Men are capable of proving the truthfulness of their claims about truth and conviction, and so are women.

“Men are steadfast, so are women. Men bow more and more in front of the laws of Allah as they develop their abilities more and more, and so do women. Men can be charitable and so can women be. Men can control and restrain themselves from whatever is asked of them, and so can women. Men can control their sexual desires, so can women. Men are capable of comprehending and considering the laws of Allah at all times, and so are women. Since all the above qualities are available in both men and women, results of their efforts shall be the same. Hence in Allah’s system both have protection and great reward” (33:35).

These ayats (verses) show that women can do what men can do and just as well. There is no aspect of human life about which Allah might have given ability to men and not women. The Quran further says that both men and women shall enter Heaven together, may it be the heaven of home, society or the hereafter.(3:195).

The Quran completely changed man’s attitude towards woman. It placed the relation between them on a basis of equality. Of course, man and woman are not absolutely the same. In some facets of life one excels the other. It is a necessary consequence of the fact that their roles in life are complementary to each other. “God has created you that one excels the other (in certain aspects)” (4:34) The spirit of the Divine message is that mankind will attain human stature only when it speaks about man and woman in terms of human beings and not with reference to sex distinction.

In the Asian cradles of civilization woman was no better off. In Hinduism, females are barred from reading the Vedas. In pre-Islamic Arabia, and even our modern day South Asian Muslim culture, women are degraded and considered ignominious for the family. Very few rejoice the birth of a girl. Female infanticide was common in Arabia.

In such conditions Muhammad stood for the rights of woman and gave them respect, reverence and honour. They were not allowed to be treated as property of the males. Islam denounces this custom and commands people to love and cherish their daughters. No doubt in the distribution of responsibilities there are certain functions particular to the woman e.g. pregnancy, childbirth and the caring of children. For this reason her body is built differently from man and so is her psyche which comprises abundance of love, affection and sacrifice.

The Quranic term for the community of Muslims is Ummah and is derived from Umm (Mother). Even in the beginning of the Quran, Allah is mentioned with His attributes of Rahman and Rahim (Gracious and merciful) from the Arabic root word ‘Rhm’. The term is also used for womb and exemplifies the nourishment, care and development provided to the unborn child in total security and comfort by the mother.

Marriage is the foundation of a stable family, community and society. It is a contract freely entered into by man and woman. A woman is absolutely free to marry anyone she likes. Man cannot marry a woman against her will (4:19). Both men and women are responsible for raising a family properly. If, however, a woman can earn her own living, she is free to do so. “Whatever she earns belongs to her” (4:32)

Man and woman are equal partners, as a team, in maintaining their home and family. Woman’s rights are to be respected as much as man’s. One gender cannot be superior or inferior to another if their rights and obligations are equal. The husband cannot encroach upon the rights of the wife. “The husband-wife relationship is based on closeness and reciprocity. Women have rights as much as they have obligations” (2:228).

Prophet Muhammad (PBUH) is reported to have said that the most perfect of faith among the believers is the best of them in morals and the best of them are those who are kindest to their wives. In his last sermon he said, “O my people you have certain rights over your wives and some have your wives over you. They are Allah’s trust in your hands. See you treat them with all kindness.”

The most important responsibility of an Islamic government is to order what is right and stop what is wrong. In this respect, both man and woman are equally responsible. “Men and women are each other’s friends and benefactors. Both of them order what is right and stop what is wrong. God has promised the believers, both men and women, goodly dwellings in gardens of perpetual bliss” (9:71, 72).

Under Islamic Laws, daughters before their marriage are the responsibility of the parents, but they are exempted to spend anything on their marriages. It is the sole responsibility of the husband to bear all the expenses of his marriage and is expected to hand over the money for this purpose in advance as Haq-i-Meher. Ali, the fourth caliph, had to sell his armour for this purpose. Unfortunately these Divine and beneficial injunctions are being ignored in our society creating problems and miseries. Haq-i-Meher has now become a mere formality and is rarely paid before marriage.

Divorced women, due to their financial helplessness often fall prey to the evils of society. Islamic law took care of them and saved them from financial constraints. In the first instance, the ownership of the house in which she was living before divorce is automatically transferred to her and the husband has to leave the house. “Do not expel them from their homes and neither shall they be made to leave unless they become guilty of immoral conduct.”(65:1).

This injunction is on the statute book of many Muslim countries including Egypt. In addition to this, she is entitled to a reasonable allowance. Some jurists are of the opinion that such women should be provided with a servant to serve them. The spirit of the Quran is followed largely in the West, but unfortunately we lag far behind in this context.

Islam allowed polygamy, with restrictions, to solve the problems of widows.

The Quran has placed great importance on sexual conduct and the matter of chastity. It requires both men and women to be chaste. In fact, it requires men first to be chaste than women. (24:30, 33:35). Unfortunately in most of the Muslim societies, women are expected to be chaste and not men. Women are blamed for any kind of permissiveness in society and not men. One of the main arguments of confinement of women to homes is that the faith (Eeman) gets disturbed if women go out of their homes.

__________________
"The race is not over because I haven't won yet."

Adil Memon
Police Service of Pakistan (P.S.P)
37th Common Training Program

Not a mosque-based faith

By Mahjabeen Islam

The beauty of Islam is the ease with which it meshes with life. It is not a mosque-based religion, hitting home only on Sundays; nor does it propose ascetism, for leaving the world aside and zoning in on meditation cannot be too terribly difficult. On the surface there are rituals and there are people that get lost in the rituals, losing the forest for the trees in essence.

Prior to prophethood, Muhammad (Peace be upon him) would ponder and meditate in the cave of Hira. It is indeed the inherent nature of man to seek out God and fortunate are those that come to the conclusion that the sine qua non of inner peace is connecting with Him and making Him the focus of one's life.

A very endearing aspect of Islam is the concept of moderation. In a belief system this is even more important, for belief can lead to rigidity of thought. Muslims come in varying shades of practice. On the ultra-right are the people who practise the five pillars to the exclusion of all else and the last detail of ablution, or one hair strand peeking out of Hijab can become a federal case.

On the ultra-left are the people who negate the need for actually praying or fasting, and living footloose and fancy-free. The former have lost the heart of Islam and the latter can teeter on disbelief. The true practice of Islam pulls the two extremes toward a wholesome middle.

Prophet Muhammad integrated the mundane and the spiritual into a vital symphony. Though he spent long hours praying in solitude, when leading congregational prayer he read short verses so that the mothers of restless young children were not unduly inconvenienced.

When he learned of one of his companions spending the entire night in prayer, he admonished the faithful for there must be a balance between huqooq-Allah (the rights of Allah) and huqooq-ul-ibad (the rights of family and friends).

The schedule of prayer that has been laid down for us should be used as a template for time management. Instead of the prayer interfering with our work and school, it should be the five points that our worldly schedule is built upon.

Use it to centre you; to focus you for it has the amazing power to calm you down when you are having a hellish day. Use it to connect with God and a great equanimity will descend upon you. That a five-minute ritual can be the best of Valiums is a very real concept, one must allow it to be so though.

One must concentrate on what one is reading and as though God is watching you, for indeed He is, truly pleased with this harried and hassled person that dropped all the demands on time and took time out to connect with Him.

The blessings of the month of Ramazan are another untapped resource for us. That darned devil is tied up for the month and all that we ask for is granted. We have to pray with this in mind and remember that the time schedule that God has in bringing to fruition what we ask for is always in our best interest. For no one can love us more.

Hazrat Rabia Basri, acknowledged as one of the great saints in Islam, has a beautiful saying: "If I worship You for the fear of hell burn me therein, and if I worship You for the hope of paradise, exclude me therefrom, but if I worship You for Your own sake then withhold not from me Your Eternal Beauty".

Rabia Basri epitomizes the concept of "disinterested love" or the development and nurturing of a relationship with God for the sake of God alone, for the sake of His love alone. And in practice if our sole aim is His pleasure we are placing ourselves automatically on the straight path. And that path is directed to paradise.

In the six esoteric aspects of faith "committing things to God" is a very difficult but a very tender concept. We must work towards what we want and pray for it. And after that leave the net result to Allah.

Consider your effort and your prayer wrapped in a lovely package and given up to Him; he does with it what is His Will and we must accept that with thanks if our desires come true or forbearance if they do not, remembering that Allah is All-Knowing and there is always some benefit for us in His Will.

Like one nurtures a plant with sunlight and water, we must first plant the seed of a relationship with God within our hearts and then nourish that with prayer, fasting, Hajj, charity and most vitally with remembrance or zikr. In Al-Ahzab 33:41 "O ye who believe celebrate the praises of Allah and do this often."

In Surah Baqara 2:152, Allah says: "then do you remember Me; I will remember you". In an established hadith Prophet Muhammad illustrates the same saying that then we remember Allah he mentions us in a better gathering, when we are as though walking toward Him, He runs toward us.

Whilst the relationship with Allah is developing, there is the simultaneous development of patience and contentment. The Quran exhorts us in Surah Baqara 2:145 seek Allah's help with patient perseverance and prayer.

Some have interpreted "detachment", the sixth esoteric manifestation of faith, as just a sense of detachment and others as true ascetism. If the example of the Prophet is to be followed, however, and remembering that monasticism is not recommended is Islam, the preferable interpretation is that this should be a sense of detachment.

"A sense of perspective" comes close to explaining what this means. Stepping out of a situation mentally and emotionally, getting a bird's eye view, dropping material and emotional links whilst examining a situation and all the while keeping the Will of Allah as a backdrop, is a viable explanation of this concept.

__________________
"The race is not over because I haven't won yet."

Adil Memon
Police Service of Pakistan (P.S.P)
37th Common Training Program