Islamic law comprises rules of conduct revealed by God to His Prophet, whereby the people are directed to lead their lives. Thus, unlike the western systems of law, the laws of Islam originate from revelation and the opinion of the Prophet is a part of revelation.

God has said: "Your companion (the Prophet) errs not, nor does he deviate, nor does he speak out of desire. It is naught but revelation that is revealed. One Mighty in power has taught him, the Lord of strength. So he attained perfection." (Al-Quran: Al-Najam; 2-6).

Revelation is available to us in the form of the Quran and the Traditions of the Prophet. The Quran comprises only those revelations that were made in the very words of God, while the rest form the corpus of the Traditions.

The rules of conduct provided by the Quran and the Traditions comprise: 1. Laws that regulate men's relations to and dealings among one another; 2. Laws that are concerned only with the spiritual aspect of individual life; and 3. Laws that not only concern the spiritual aspect of individual life, but also affect the Muslim society as a whole.

Another distinctive feature of Islamic Law is that it attributes the authority of making laws to God only. According to Islam, no man or body of men can ever be capable of or allowed to make laws for other men. Now the big question arises that as the last set of laws made by God was bestowed upon mankind centuries ago, and as much has changed in the world since then, so in the absence of new laws for the new circumstances, how Islam managed to survive?

In other words, as men cannot make new laws and as God has also not given any further laws, how can Islam cope and deal with the modern issues? It is an established fact that a legal system has to continuously adapt to the needs of the changing time; otherwise, it loses its applicability and gradually fades away.

To begin with, as the laws available in the form of revelation are concerned, in them God has explained the fundamental principles of behaviour pertaining to all the essential human transactions, dealings, and matters. He says: "... I have perfected for you your religion and completed My favour to you..." (Al-Quran: Al-Maidah; 3)

"... And We have revealed the Book to thee explaining all things..." (Al-Quran: Al-Nahl; 89)"And certainly We have set forth for men in this Quran similitudes of every sort that they may mind." (Al-Quran: Al-Zumar; 27)

"... If you quarrel about anything, refer it to Allah (i.e., the Quran) and the Messenger (i.e., the Traditions), if you believe in Allah and the Last Day..." (Al-Quran: Al-Nisa; 59)

The above-narrated verses tell us that: 1. Revelation is a complete set of guiding principles; and 2. Revelation is well capable of settling and dealing with all controversies, conflicts, and problems.

However, whereas there is no room for the making of new laws, there is also no prohibition on the re-interpretation of the existing laws. This very process - which is highly encouraged by God and His Messenger - of innovation, extension, and re-interpretation of laws given in the Quran and the Traditions, in order to explain and analyze the legality of latest issues, is denoted by Ijtehad. It is the method of Ijtehad by which God has enabled the Muslim jurists to: 1. Make provisions for the developing circumstances; and 2. Prove Islam as a system of life practical for all times.

When a single jurist conducts Ijtehad, it is called 'Ijma.' If a Qiyas and an Ijma, both conducted at the same time regarding the same thing, come into conflict with each other, then Ijma is preferred over Qiyas. This is done due to the presumption that the jurists acting in a body are less likely to err than a jurist acting alone.

Let us see some examples of how the law is innovated and developed by way of Ijtehad. The Quran (al-Maidah; 90, 91) has forbidden the drinking of alcohol. The ban has been put due to its being an intoxicant. By using Ijtehad this ban on the non-medical use of alcohol is applied to the non-medical use of all substances that have the property of intoxication. Heroin, cocaine, ecstasy, etc, which are recent discoveries, are also prohibited for the same reason.

The Quran enjoins honouring of contracts and honesty in trade. These centuries old commandments are also applied to the present-day online contracts and e-business. Similarly, whether a person steals money by using the conventional methods, or by drawing cash on a stolen credit card, or by transferring sums to his account by manipulating the computer system of a bank, he will remain a thief and will be dealt with in accordance with the laws given in the Quran and the Traditions.

The law developed by way of Ijtehad may or may not be good for all times. The whole universe is in transition. Consequently, a rule that is suitable for a certain matter under the present circumstances may not remain so in future, if the facts governing the matter undergo a change. This explains the necessity for continuous exercise of Ijtehad.To put it differently, whereas the law given in the form of revelation cannot be altered, amended, or annulled by the Muslim jurists, the law obtained by practising Ijtehad can be and must be modified, replaced, or cancelled according to the demands of the latest facts and developments in the society.

UNLIKE western legal systems, Islamic legal system is based on Divine revelation. Revelation consists of: Communications made by Gabriel, under the direction of God, to the Prophet, either in the very words of God or by hints; such knowledge as occurred in the mind of the Prophet (Peace be upon him) through inspiration from God; and opinion of the Prophet, embodied in the form of ratiocination, delivered from time to time on issues that happened to be raised before him.

In answer to the question as to how opinion of the Prophet can form a part of Divine revelation, God says: “Your companion errs not, nor does he deviate. Nor does he speak out of desire. It is naught but revelation that is revealed — One Mighty in Power has taught him, the Lord of Strength. So he attained perfection” (Al-Quran, 53:2-6).

Revelation is available to us in the form of the Holy Quran and the Sunnah of the Prophet. The Quran comprises only those revelations that are made in the very words of God, while the rest form the corpus of the Sunnah.

It must be mentioned that the two Arabic terms Hadith and Sunnah are generally taken to be synonymous, but there is a vast difference between the two. Hadith literally means “tale” or “narrative”; whereas, Sunnah literally means “trodden path” or “busy path.” Hadith refers to a tradition or story of the Prophet, and Sunnah signifies the law deduced from it. In other words, Sunnah, with reference to Islamic law, denotes a rule derived from the sayings or conduct of the Prophet as narrated in a Hadith.

On founding the Islamic commonwealth in Madinah, in 622 AD, the Prophet not only acted as a spiritual leader but also as a political leader of the Muslims. Also, being the supreme judicial authority in the state, cases used to be brought before him for adjudiciation. These were decided in the light of the Quran, yet, where the Quran was silent on an issue, or required further interpretation, the Prophet gave a decision based on ratiocination. The exercise of such authority by the Prophet has been duly recognized in the Quran: “...And whatever the Messenger gives you, accept it, and whatever he forbids you, abstain (three from)...” (Al-Quran, 59: 7)

“And it behoves not a believing man or a believing woman, when Allah and His Messenger have decided an affair, to exercise a choice in their matter. And whoever disobeys Allah and His Messenger, he surely strays off to manifest error.” (Al-Quran, 33:36). “Whoever obeys the Messenger, he indeed obeys Allah...” (Al-Quran, 4:80). “But no, by thy Lord! They believe not until they make thee a judge of what is in dispute between them, then find not any straightness in their hearts as to that which thou decide and submit with full submission.” (Al-Quran, 4: 65)

While the fundamental issues of life have been answered and dealt with in the Quran, the task of providing a further explanation to the Muslims was entrusted upon the Prophet. This further explanation, the Sunnah, is available not only in the judgments so pronounced by the Prophet, but also in what the Prophet otherwise said and did. Thus, the Quran and the Sunnah, the two primary sources of Islamic law, constitute one complete whole and are fundamentally interdependent. God defines the relationship between the two in the following words: “... Indeed, there has come to you from Allah, a Light (the Prophet) and a clear Book.” (Al-Quran, 5: 15)

No book can be read in darkness. Similarly, light alone is of no use unless it is utilized for some beneficial purpose. The light of the Sunnah is essential for reading and understanding the Quran.

God further says: “... And We have revealed to thee the Remainder that thou may make clear to men that which has been revealed to them, and that haply they may reflect.” (Al-Quran, 16: 44) “He it is Who raised among the illiterates a Messenger from among themselves, who recites to them His messages and purifies them, and teaches them the Book and the Wisdom...” (Al- Quran, 62: 2)

Let us consider some examples that illustrate the bond between the Quran and the Sunnah. The punishment for theft is prescribed in the Quran in the following verse: “And (as for) the man and the woman addicted to theft, cut off their hands as a punishment for what they have earned, an exemplary punishment from Allah...” (Al-Quran, 5: 38)

The Prophet has qualified the punishment mentioned in the Quran. According to him, there can be no amputation of hand if the worth of the stolen item is less than a certain amount, i.e., a fourth of a dinar. Lunatics and minors have been exempted from this punishment. Further, the hand is to be cut off from the wrist.

The Quran lays down that prayers can be shortened in the presence of fear: “And when you journey in the earth, there is no blame on you if you shorten the prayer, if you fear that those who disbelieve will give you trouble...” (Al-Quran, 4: 101)

The Prophet, declaring it to be a gift of God, allowed the shortening of prayers on every journey, whether there is danger or not. The Quran declares: “Forbidden to you is that which dies of itself, and blood, and flesh of swine, and that on which any other name than that of Allah has been invoked, and the strangled (animal), and that beaten to death, and that killed by goring with the horn, and that which wild beasts have eaten — except what you slaughter; and that which is sacrificed on stones set up (for idols), and that you seek to divide by arrows...” (Al-Quran, 5: 3).

The Prophet laid down exceptions regarding the consumption of fish, liver, etc. Similarly, the Sunnah has prohibited the consumption of many things, even though the verse above makes no mention of them.

Muslims are told in the Quran: “Say: Who has forbidden the adornment of Allah, which He has brought forth for His servants, and the good provisions? Say: These are for the believers in the life of this world, purely (theirs) on the Resurrection day. Thus do We make the messages clear for a people who know. Say: My Lord forbids only indecencies...” (Al-Quran, 7: 32, 33)

The Quran is silent regarding solemnization of a valid marriage. The elements of marriage such as consent, fixation of dower, etc, are rules that were prescribed by the Prophet.

The Quran instructs the Muslims to offer prayers. It was the Prophet who told the Muslims how and when prayers are to be offered. The Quran is silent on this issue.

The above-mentioned instances show how the two primary sources of Islamic law rely on each other. Whereas the authority of the Sunnah is derived from the Quran, the former serves to strengthen and clarify the structure of Islamic law. The two sources are interwoven in such a way that they cannot be separated from each other. Both may aptly be called an ‘integral whole.’

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

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

IN the Pakistani corridors of power these days, the buzz word is “enlightened moderation”. Logically this two-word phrase may be a misnomer. One is either “enlightened” or one is not. But, one cannot be “enlightened” in “moderation”. One can be asked to drink in moderation or eat in moderation, but not be “enlightened” in moderation. The phrase has been used with reference to Islam and Muslims. We are told that, “we must adopt a path of moderation and a conciliatory approach to fight the common belief that Islam is a religion of militancy in conflict with modernization, democracy and secularism. My idea for untangling this knot is Enlightened Moderation... the Muslim world should shun militancy and extremism and adopt the path of socio-economic uplift.” (General Musharraf in his article published in The Washington Post, June 1, 2004).

If we study the Holy Quran, we will find that its entire spirit is in consonance with the concept of peace and not violence or terrorism or suicidal bombings. The very name of the religion is ‘Islam’ which means ‘peace’. Islam as a religion came to enlighten the people who had fallen into darkness and abyss. The Holy Quran was revealed to create a just, lawful, tolerant and peaceful society — non-sectarian, non-racial, non-doctrinal with just submission to the will of Allah and with no compulsion.

Allah asks Muslims in Ayats 2:108 and 5:12 not to stray from “Sawa-us Sabeel”; the “path of rectitude”, the even way. In 2:145, Allah tells Muslims: “Thus have We made you an Ummah justly balanced (Ummah-tu-Wasata), that ye might be witnesses over the nations. And the Messenger a witness over yourselves”.

Islam is the only religion which enjoins upon its followers to accept and revere all prophets (Peace be Upon them All) and their revealed messages, as we Muslims do for the Quran and our own Prophet (PBUH). “Say ye: “We believe in Allah, and the revelation given to us, and to Abraham, Isma’il, Issac, Jacob, and the Tribes and that given to Moses and Jesus, and that given to all Prophets from their Lord: We make no difference between one another of them: and we bow to Allah.” (2:136 and a similar ordain in 4:136)

Unlike other religions, which say that salvation will only come to those who follow their Scripture, Allah tells that it is not only Muslims, but also: “Verily those who believe and those who are Jews and Christians, and Sabians, who ever believe in Allah and the Last Day and do righteous good deeds shall have their reward with their Lord, on them shall be no fear, nor shall they grieve.”

Allah has already told Muslims: “Ye shall certainly be tried and tested in your possessions and in your personal selves; and ye shall certainly hear much that will grieve you, from those who received the Book before you and from those who worship many gods.” And asks Muslims: “But if ye persevere patiently and guard against evil — then that will be a determining factor in all affairs.” (3:185)

In fact Muslims have been told: “We have not made you a watcher over them (non-believers) nor you are set over them to dispose of their affairs. And insult not those whom they worship besides Allah, lest they insult Allah wrongfully without knowledge. (6:107-108)”

Muslims are forbidden to argue or take part in a discussion about verses of the Quran with non-believers. “When you see those who engage in vain discourse, false conversation about Our Signs (Verses of the Quran) by mocking at them, turn away from them till they turn to another topic. If Satan ever makes you forget, then after the recollection sit not in the company of those who do wrong.” (6:68)

Muslims are required to do justice even to the people who hate them or to whom they have an aversion. “O ye who believe stand out firmly for Allah, as witnesses to fair dealing, and let not hatred of others to make you to swerve to wrong and depart from justice. Be just: this is next to piety. And fear Allah”. (5:8)

Muslims are to forgive and overlook deceits and misdeeds of non-believers. “For, Allah loveth those who are kind.” (5:13) Muslims are asked to “Repel (evil) with that is best.” In other words, a Muslim must repel evil with something that is good; counter hatred with love; repel ignorance with knowledge; folly and wickedness with the friendly message of Revelation, the Quran.

This moral standard can be reached only by patience and self-restraint. “Indeed, if any one shows patience, and forgives, that would truly be an affair of great resolution.” It is more difficult to be patient, and forgive, than to punish the guilty or teach them lessons. But patience and forgiveness would be the best way to get wrongs righted, as was done by the Holy Prophet (PBUH) throughout his life. In fact, patience is placed above all the Islamic virtues, and, reward beyond measure is promised for it.

The Quran asks: “Help one another in righteousness and piety, but help not in sin and rancour.” (5:3) That is, the hatred of the wicked does not justify hostility on our part. Muslims have to help in righteousness and piety, not in perpetuating quarrels of hatred and enmity.

Fighting (Qatal) is permissible in Islam only in self-defence and under well-defined limits; to restore peace and freedom of worship of God. In any case, women, children, old and infirm men should not be harmed, nor trees and crops cut down, nor should peace be withheld when the enemy comes to terms.

And the Quran says, “But if the (enemy) inclines towards peace, you do (also) incline towards peace and trust in God.” Then in the succeeding verse it says, ‘Should they intend to deceive you, God suffices you.

The Quran also says, “But if anyone remits retaliation by way of charity, it is an act of atonement for himself. God forbids you not, with regard to those who fight you not for (your) Faith, nor drive you out of your homes, from dealing kindly and justly.” The words “kindly and justly” used herein direct that, over and above a just treatment, Muslims must treat them generously and benevolently.

Compulsion is incompatible with Islam, as Islam depends on faith and will; and these would be meaningless if induced by force. Allah ordains very categorically and clearly: “There is no compulsion “in religion.” (2:265)

According to President Musharraf, “Today’s Muslim world is distant from all these values. We have been left far behind in social, moral and economic development. The way forward is through enlightenment. We must concentrate on human resource development through the alleviation of poverty and through education, health care and social justice.”

In a way his diagnosis may be correct. But he misses the point that this state of affairs in the Muslim world exists because of the rulers and not the people, who are down-trodden and hardly have any say in their affairs.

Present day rulers of the Muslim countries call themselves Muslim but hardly follow the dictates of Allah contained in the Quran; they have created the gaps between rich and poor beyond imagination by adopting corrupt practices and fleecing their own people.

Allah says, “And do not eat up another’s property unjustly—in any illegal way e.g. stealing, robbing, deceiving etc) nor give bribery to the rulers (judges before presenting your cases) that you may knowingly eat up a part of the property of others sinfully. (2:188)

When we talk of socio-economic uplift, Allah provided guidance and told Prophet Muhammad. “They ask you what they should spend. Say: whatever ye spend that is good, is for parents, and kindered, and orphans, and those in want, and for wayfarers, and whatever you do of good deeds truly Allah knows it well.” (2:215) “O, ye who believe! give of the good things, which you have honourable and legally earned, and the fruits of the earth, and do not aim at that which is bad and you would not accept it save with closed eyes.” (3:267) “Those who spend their wealth in The Cause of Allah, and do not follow it up with reminders of their generosity or with injury, their reward is with their reward.” (3:262)

“O, you who believe! Do not render in vain your reminders of their generosity or by injury, like him who spends his wealth to be seen by people, but believe neither in Allah nor in the Last Day.” (3:264)

If the western world believes that “Islam is a religion of militancy in conflict with modernization, democracy and secularism....”, the responsibility for such a wrong belief rests with the Muslims of today, specially the rulers, who are either ignorant or don’t want to follow what Allah ordains them to do in the Holy Quran.

The Ummah does not need ‘enlightened moderation’ but enlightenment from the Quran and moderation in their day to day lives. Rhetoric and lies may not yield results. Truth and poverty alleviation and not ‘elevation’ are the need of the time.

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

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

The Holy Quran is undoubtedly the basic and primary source of Islamic law. Next in the order of importance are the traditions of the Prophet (peace be upon him). Most of the Quranic injunctions and admonitions can be correctly understood only when they are viewed in the light of what the Prophet said or what he did in the situation to which the injunction or admonition pertains.

In addition, the Prophet also provided guidance to the people in all such cases where the Quran was silent.

The third source of Islamic law is Ijma which means consensus of opinions of those who are well known for their piety and are well versed in the subject. This particular course was frequently resorted to by Hazrat Abu Bakr, who, while deciding on an issue, had to first refer to the Quran. Not finding any solution therein, he used to take recourse to the traditions of the Prophet.

If there was no precedent in the traditions he would then consult his companions and the issue used to be decided by consensus. The Quran specifically advised the Prophet to consult his companions in the conduct of affairs (3:159). It also treats those who do their work through consultation as the people being rightly guided (42:38).

The fourth source of Islamic law is Ijtihad which means the use of one's judgment or common sense while deciding an issue. When the Prophet appointed Muaad bin Jabal as the governor of Yemen, he asked him how would he decide various issues that might be brought before him for adjudication. Jabal replied that he would decide them in the light of what the Quran said in regard to the matters at issue.

Then the Prophet asked him what would he do if he couldn't find the appropriate solution or answer in the Quran. Jabal said that he would refer to the traditions of the Prophet. The Prophet again asked him what he would do if he couldn't find any answer or solution in the traditions. Jabal replied that he will use his own judgment which was approved by the Prophet.

Thus, the use of Ijtihad which was sanctioned by the Prophet became another source of Islamic law. And it was this particular source that played a vital role in the evolution and development of Islamic jurisprudence. Recourse to this source was unfortunately discontinued after the 11th century A.D. It may also be pointed out that the Quran too emphasizes the use of intelligence and common sense whether it be in matters of faith or otherwise (67:10).

The fifth source, popularly known as Qiyas i.e. reasoning by analogy, originated in the days of Hazrat Umar as caliph. The caliph, while instructing Abu Musa Ashaari about the procedure he had to follow while deciding various issues that might be brought before him, directed "when you do not find any judgment or issue in the Quran or traditions and are in doubt about it, ponder over the question and ponder again.

Then look for edicts on similar issues and decide accordingly." This obviously implied generalization of a particular dictum on the basis of community of features. In other words, the decision or ruling already given on an issue had to be followed in giving decisions on all issues having the same features coming up for decision thereafter.

The practice of citation of case law in the present day judicial proceedings is based exactly on the same principle. A decision given by a superior court in one case is followed by the lower courts in all subsequent cases involving the same issues arising out of similar facts under the same law. Qiyas, it may be added, is not the same thing as Ijtihad, one can take recourse to Ijtihad without there being any edict on the like or similar issue.

The Quran is the last book of guidance from Allah. We cannot expect any more divine guidance to come. It is also a fact that the Quran is a complete code of life, providing guidance in respect of every aspect of life. This guidance is, however, provided through injunctions, admonitions and enunciation of principles, mostly in broad terms. This is so because human society is not a static entity or object.

Human society has undergone radical changes in a short span of time. That's why most of the guidance provided to human beings is not so specific or minute in details. Neither the Quran nor the traditions provide specific solutions to all the problems and issues that can possibly confront us in life. That's why the Prophet asked Muaad bin Jabal about what he would do if he couldn't find any solution to an issue in the Quran or in traditions.

We cannot avoid changes specially those occurring in various aspects of socio-economic life. The Quran rather supports continuous improvement and progress in the right direction (2:148) (13:11) (20:114). Nor can we bypass or cross the limits imposed by the Quran and traditions in the form of principles and guidelines. But at the same time, the Quran and traditions provide enough guidance in this regard (29:69).

With the aid of Ijma, Ijtihad and Qiyas we can suitably adjust our responses to such changes or work out solutions to the new problems within the parameters laid down by the Quran and he traditions. For example, Hazrat Umar changed the rate of Jizyah when the circumstances so demanded. Likewise, we cannot abolish zakat or change its rate but we can regulate or reformulate the methods of its collection and spending within the limits of the guidelines provided by the Quran and tradition.

It is time we started taking recourse to the two important sources of Islamic law, namely, Ijma and Ijtihad wherever practicable. The principles of Qiyas are already being followed in the judicial proceedings. But we need recourse to Ijma and Ijtihad to resolve issues mostly on which there is no consensus such as the social rights of men and women in the changed situation, interest-free banking system, consent marriage, rajam and divorce through three pronouncements, etc. If we go on keeping these issues unresolved for an indefinite period, the chances are that the very claim that the Quran is a complete code of life may be challenged by its own followers.

Thus, Ijma, Ijtihad and Qiyas are the most useful sources of Islamic law, which, if properly utilized, can meet the requirements of relevant situations at all times. Ijma, however, does not mean mere expression of several opinions in unison, nor Ijtihad implies mere exercise of discretion or an emotional or whimsical decision.

Ijma implies the agreement of persons of piety and learning over an issue after thoroughly examining the pros and cons of the matter in the light of Divine guidance. Likewise, Ijtihad implies exercise of judgment based on careful consideration of all the aspects and the pros and cons of the issue in the light of relevant guidance, and the use of reasoning and common sense while arriving at the conclusion.

While taking recourse to Ijtihad in regard to certain social rights and obligations of men and women, the Quranic guidance such as guarding of modesty (33:35) avoiding indecency (42:37) avoiding excesses (5:87), maintaining balance (55:8), observing the principles of moderation (2:143) and not with-holding from others things that are due to them (11:85) cannot be ignored.

Some people are of the view that persons capable of exercising Ijtihad are no longer available and this probably could be the main reason for discontinuance of recourse to Ijtihad. But the fact remains that Muaad bin Jabal who was allowed by the Prophet to exercise Ijtihad was a young, though learned and well informed, person from Khazraj tribe.

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

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

Spirit and purpose of Haj


By Prof. Mohammed Rafi

Muslims in large numbers, from all corners of the world, gather once every year in Makkah to perform the essential Haj pilgrimage. The number of pilgrims to the sacred land is increasing manifold; but the positive results, if any, are nowhere to be seen.

Like other rituals, Haj is also seen as a congregation with no definite purpose attached to it except to absolve oneself of all sins and enter paradise. Many go to Haj with their bodies and few take their minds and reasoning.

Haj literally means "intention" and also stands for "prevention". There are three levels of this pilgrimage: The Haj of the body (walking, standing, collecting and throwing), the Haj of the mind (performing the rites with understanding) and the Haj of the heart (performed in total submission to the Almighty).

Every religious leader, thinker and priest repeatedly claims that Islam provides the solution to all problems faced by mankind, but these problems are never identified or mentioned.

In contemporary times, Muslims are being ridiculed, criticized, victimized and insulted for creating "problems and subjecting humanity to suffering and terror".

The most common belief is that Muslims in general and Islam in particular cannot provide any solution to the problems of mankind. A nation which cannot resolve its own problems will always look to and depend upon others and can never offer any suitable and satisfactory solution.

Muslims have to understand and realize the true spirit of all forms of prayers, especially Haj. It is the biggest congregation of human beings in one place and has a definite purpose of total dedication to divine Islamic values, which would ultimately prove beneficial to the whole of mankind.

A cursory look at man's social history shows the purpose of Haj in a better way. Unlike the western philosophers, the Quran does not delve into details about the origin of society or social life.

It says "All mankind were once but one single community and only later did they begin to hold divergent views, and had it not been for a decree that had already gone forth from the Sustainer, all their differences would indeed have been settled (from the outset) (10:19)".

In other words, mankind would not have contended with one another after having received all evidence of the truth. They would all have held the same views (2:253).

Since, however, such uniformity would have precluded man's intellectual, moral and social development, God has left to their reason, aided by prophetic guidance, to find their way to the truth (2:213).

According to Muhammad Asad, the expression 'Ummat-e-Wahid' (one single community) describing the original state of mankind, does not propound as might appear at first glance, the idea of a mythical 'Golden Age' obtaining in the dawn of man's history.

What is alluded to in the verse is no more than the relative homogeneity of instinctive perceptions and inclinations characteristic of man's primitive social order.

Since this homogeneity was based on a lack of intellectual and emotional differentiation rather than on a conscious agreement among the members of society, it was bound to disintegrate in the measure of man's subsequent development.

As his thought and life became more and more complex, his emotional capacity and needs, too, became more differentiated. Conflicts of views and interests and different political and social ideals and priorities came to the fore and mankind ceased to be "one single community".

Gradually, this gap widened and nations came into existence leading to more nations. Boundaries were marked, walls erected, iron curtains drawn and nations were on the lookout for their prey.

The divine plan is to reunite man and for this purpose messengers (prophets) have been sent (2:213). The Haj congregation should be the main source of propagating God's message and system which this humanity need so badly. It is not all about the hereafter; it is about purifying oneself to lead a good life as emphasized in the Quranic prayer the pilgrims recite (2:201).

The Divine Revelation, in all ages, has always announced that race, colour, language, nation and nationality can never be the basis of superiority or man's domination by man. Despite the different nationalities, colours, races and languages, man is still a part of mankind. Those who do not accept this truth are termed as unbelievers.

This in essence is also the two-nation concept. This message was given practical shape by Hazrat Ibrahim (Abraham) who left everything including his parents to settle in a desolate place called Makkah and laid the foundation of a new nation.

The pilgrimage and the rites connected with it are stated to be symbols of man's surrender to God. Haj is a micro- representation of the entire universal experience and man's unique position in it.

Islamic traditions trace its origins to the appearance of man on earth. Of all pilgrimages of history, only the Haj has survived. It is a unique form of collective lbadah (total submission) by a community of believers who seek Allah's mercy.

The Kaaba is not the destination, it is the starting point of the pilgrim's promise and commitment to cast away his bad ways and begin afresh his new Allah-centred life.

The system of which the Kaaba has been declared as a centre, is the one which Ibrahim (Abraham) and Ismail (Ishmael) set up in order to propagate and practise the divine permanent values of Islam which would bring universal peace and harmony.

The Quran says, 'O you who believe if you aspire to attain Ibrahim's standing then you must follow his path and emulate his conduct. We had insisted that the builders of the Kaaba Ibrahim and Ismail should make this place the centre of a universal system undefiled by man-made beliefs and ideas' (2:125).

This centre was to be reserved for the organization and training of momineen (believers) who submit to the laws of God and their purpose in life would be to keep a vigil so that humanity is protected from danger and the outstanding problems are resolved.

Building the Kaaba Ibrahim prayed to Allah "O Sustainer of all creations make this habitat a sanctuary for the oppressed people of the world" (2:136 and 95:3) "and grant all the bounties of life abundantly" (14:37) to those who believe in the truth of His laws and in the hereafter. Allah said, "Verily they will receive life's bounties.

Regarding those who reject the divine laws they too in accordance with Our physical laws will get immediate gains of life (17:18,19,20) but would eventually become wretched (2:126).

Continuing their prayer as they raised the walls of the Kaaba, Ibrahim and Ismail said, "O our Sustainer, our supplication is that by associating with this centre we and our future generations should live according to your code directives.

Our Sustainer, show us the way whereby we can reach the destination you have promised for humanity and continue to receive Your bounties and blessings for such is Your law that it brings the means of nurture to anyone who makes an effort to obey it" (2:127-129).

This was the way of life followed by Ibrahim which made him the chosen one both in this world and the hereafter. He also exhorted his sons to do so. Likewise the venerable ancestor of the Jews Yaqoob (Jacob) also upheld the same way of life and told his children that they should abide by the system ordained for them by the Almighty throughout their lives (2:132).

When the pilgrims raise their right hand in the direction of the Black stone (Hajr-e-aswad) and say 'Bismillah Allah Akbar', they make a solemn pledge they will honour their commitment to lead a life in accordance with Allah's directives. They reaffirm this pledge several times during Haj.

The annual congregation provides an opportunity for the believers from all parts of the world to become acquainted with the many social and political problems that confront the various geographically separated nations.

When Ibrahim prayed to God to create favourable conditions and fruitful sustenance in Makkah for people to become inclined towards it (14:37), he was not referring to the concrete structure of Kaaba; but the Quranic system of which Kaaba was the core.

The seven-fold circumambulation (tawaf) is one of the rites of the Haj which indicates that all human beings ought to have the idea of God's Oneness for their centre.

The Kaaba is a source of guidance unto all mankind full of clear messages and whosoever enters it finds inner peace (397). The few hours of stay (wuqaf) at Arafat is the most important in a pilgrim's life as this gathering is the core of Haj congregation.

It provides a foretaste of the Day of Judgement. The message of Arafat is simple: Turn, repent and submit to Allah. At this place the Prophet spoke on many issues including racism and women's rights and called on those present to spread this message to those not there. Today, many go to Haj without any knowledge of this sermon.

In the pre-Islamic period, too, the Haj was performed but only for fun and frolic. The Kaaba under the Quraish was the centre of Arab social life and the congregation was mainly festive in nature.

The Arabic word hujjat (proof or conclusive argument) is also a derivative of the word Haj. That is why the Quranic proofs have been called 'Hujjatul Balagha' (2:149).

These proofs have to be presented in a logical and responsible way for the solution of problems prevailing in present times. The Quran did not do away with Haj congregations, but after the conquest of Makkah it was brought in line with the directives of God.

In the 9th year of the Hijra the Prophet (PBUH) did not go to Makkah but sent Abu Bakr as his representative. In 10 Hijri he himself performed the Haj and delivered the last sermon with the first proclamation of human rights.

The annual congregation free from all prejudices of race, colour, and language was a true reflection of Islamic values. Apart from Muslims from far corners of Arabia, government officials were also invited. Pilgrims were free to discuss their grievances.

For this big congregation the plains of Arafat provided the right place (Arafat means occasion or mutual introduction or 'Ta'aruf'). The urgent problems of the day were discussed and the head of state or his representative in his sermon (khutba) outlined the programme and plans for the next year to be followed and implemented by Muslims in their respective areas of influence.

Haj in modern times has become more of an individual worship. As Islam has been changed into a religion from deen, man-made concepts have side tracked the main purpose of all ibadah which means total submission to Allah's directives, and not worship. The lack of positive results is mainly due to the divisions among Muslims.

A mammoth congregation like Haj should create fear and awe among the others. This important source of Muslim strength has been hijacked by obscurantists, politicians, bigots and commercial entrepreneurs who are the beneficiaries.

Weak nations like us can only abuse our enemies. Muslims simply pray during the Haj and return empty-handed without pondering over the real issues and evaluating their role in the uplift of the Muslim ummah.

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

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

The golden principle given in the Holy Quran to achieve a positive attitude and true peace of mind is shukr, which means thanking Almighty Allah for whatever He has given us. According to an agreed hadith, the Prophet Muhammad (PBUH) said, "The case of a momin (true Muslim) is unique.

Whatever Allah decides for him is best for him. If he gets into difficulty, he shows forbearance and t rust in Allah, which is good for him. If he is blessed with happiness, he thanks Allah, which is also good for him. Only the true faithful are blessed with this inner satisfaction and solace."

Ayat 144 of Surah Aale Imran says, "But Allah will swiftly reward those who (serve Him) with gratitude." Again, Ayat 147 of Surah Nisa says, "What can Allah gain by your punishment if you are grateful and you believe."

Strange are the ways of man. He gets the taste of death every night when he goes to sleep, not knowing whether he will get up again or not, but he does not seek Allah's forgiveness before going to sleep.

Allah gives him a new life every morning, but he does not thank Him for this chance. Ayat 60 of Surah Al Anaam says, "It is He who takes your souls by night, and has knowledge of what you have done by day (for which you will be answerable).

Then after that He makes you arise (from this death-like state), so as to complete the time predestined for you. In the end, you will be returned to Him. Then will He show you the truth of all that you did."

When Iblees (shaitaan) was declared the meanest of creatures and ousted from the heavens for showing arrogance, he said, "Give me respite until the day (the dead) will be raised." We (Allah) said, "be thou among those who have respite."

He (Iblees) said, "because You have thrown me out of the way, I will be in ambush for those who will follow Your way, the (correct and) right way. Then after that I will catch them from their fronts and from their backs and from their right and from their left. And You will not find the majority of them being grateful" (Ayat 4-17 of Surah Al-Aaraf).

The above ayat warns us that the aim of shaitaan is to make us ungrateful and unthankful to Allah. The assault of evil is from all sides. It takes advantage of every weak point, and sometimes even our good and generous sympathies are used to tempt us into the snare of evil.

Man must, under all circumstances, be grateful to Allah for His loving care, but in his folly he often forgets his gratitude and unknowingly promotes the cause of shaitaan. Ayat 153 of Surah Al Baqarah says, "O you believe! Seek help with patient perseverance and salat (prayer), for Allah is with those who are patiently steadfast."

Ayat 155 to 157 further states, "Be sure we shall test you with a few things such as fear and hunger, some loss in assets (of all types), and lives, or the fruits (of your toil), but give glad tidings (blessings and cheer) to those who bear calamity; those who say when afflicted with calamity, 'To Allah we belong and to Him is our return.'

They are those on whom (descend) blessings from their Rabb, and mercy, and they are the ones that receive guidance." The Holy Prophet has said, "Whatever distress and pain or difficulty or worry is suffered by a true believer in this world, even though it may be a thorn prick, Allah makes it a source of pardoning some of his faults and wrong deeds in the hereafter" (Bukhari, Muslim).

Allah always helps those who are grateful to Him. In the early stages of Islam, Muslims were a small band in Makkah, despised and rejected, living in a state of insecurity, persecuted and exiled.

In spite of all their difficulties, they were grateful to Allah. Then Allah provided them a safe asylum in Madinah. They found friends and helpers, and at length they gathered strength, enough to defeat the forces of godlessness, injustice and oppression.

This fact has been mentioned in Ayat 26 of Surah Al Anfal which reads, "Call to mind when you were a small (band), despised through the land, and afraid that men might despoil and kidnap you. But He provided a safe asylum for you, strengthened you with His aid, and gave you good things for sustenance: that you might be grateful."

The important question is: why are Muslims of today not getting similar aid from Allah? Perhaps because they have forgotten the basic principle of forbearance, tolerance and of being grateful to Allah. This lesson applies to every individual in some form or the other.

His spiritual life begins humbly; he is despised and perhaps persecuted. He suffers temporary losses and setbacks, but if he remains steadfast and grateful to Almighty Allah, then He gives him strength and he is sustained until his highest spiritual desires are fulfilled.

We have a tendency of becoming ungrateful and rebellious even if minor calamities befall us. We must overcome this tendency and thank Almighty Allah at all times, if we wish to receive His help and blessings.

Ayat 9-11 of Surah Hood says, "If We give man the taste of mercy from ourselves, and then withdraw it from him, behold he is in despair, ungrateful, and (falls into) blasphemy.

But if We give him a taste of (our) favours, after adversity had touched him, he says, "All evil has departed from me." He falls into exultation and pride (as if it was due to his own merit and cleverness). Not so those who show patience and constancy and righteousness; for them is forgiveness (of sins) and a great reward.

If we have faith in Allah and thank Him in prosperity and adversity, then we will certainly have mental peace and solace in life. If we thank Allah for whatever He has given us, He promises to be more favourable to us.

We must remember that no human being can be our razzaq (provider of sustenance). No man can give us anything that Allah has not destined for us and no human being can stop from coming to us, what Almighty Allah has destined for us.

Ayat 73 of Surah Al Haj says, "O you human beings, something is being explained through an example, so listen to it (carefully): It is a fact that people who plead to others rather than Allah, those others are not capable of creating a fly, even if all of them get together to do so. And if a fly snatches anything from them, they cannot save the thing back (from that fly). Powerless is the seeker and the one from whom sought."

Almighty Allah has created this world to suit the needs of His masterpiece creation: the human being so that he may always be grateful to Allah. The more he is grateful to Allah, the more will be his comfort and peace of mind.

Ayat 73 of Surah Al Qasas says, "It is out of His mercy that He has made for you, night and day, that you may rest there in, and that you may seek His grace; and in order that you may be grateful."

We must understand one thing clearly: that the need to be grateful to Allah is for man's own good and not for any benefit to the Almighty, for Allah is above all needs.

Ayat 6-8 of Surah Al Aadiyat says, "Truly human being is ungrateful to his Rabb. And indeed he bears witness to himself (by his deeds). And violent is he in his love for wealth."

Man who either does not receive guidance or does not heed to guidance, is indeed ungrateful. This ingratitude may be shown by thoughts, words or deeds - by forgetting or denying Allah and His goodness, by misusing His gifts, or by injustice to His creatures.

Most of us waste our energies and health, envying other people for their wealth, power and possessions. What a self-inflicted injury to ourselves! Ayat 88 of Surah Al Hajar clearly warns us, "Strain not your eyes (wistfully) at what We have given to some among them for benefit (in this life), nor grieve over them: but instead, lean towards true believers momineen (in gentleness)."

In view of the divine guidance it becomes quite clear that if we wish to lead a healthy and prosperous life, with complete peace of mind, we must shun the maladies of avarice, greed, envy and jealousy.

We must learn to exercise patience and forbearance and thank Allah under all circumstances. The golden rule for real solace in life is explained in Ayat 162 of Surah Al Anaam which reads, "Say: truly, my prayer and my service of sacrifice, my life and my death, are all for Allah, the Rabb (cherisher) of the worlds."

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

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

The Islamic concept of law exposes injustice, fights it boldly and lays stress on the compensation of its victims. No other social order lays so much emphasis on human rights as Islam. The term justice may be defined as lawfulness, equitableness or moral uprightness. It is fairness in the way the people are treated.

It is also the legal system that a country or society uses in order to deal with people who break the law. Doing justice means to determine the justness of an argument, act, claim or deed; bringing to justice means to determine what is just according to law or some moral code of conduct; and delivering justice means to administer punishment or penalty upon misconduct or misdeed.

The comprehensive term "justice" appears to have two dimensions - rightfulness and righteousness - and each requiring some criterion or standard to determine what is right and what is wrong, and what is good and what is evil.

Excellence in behaviour, often expressed as righteousness, is a manifestation of moral values such as love, compassion, kindness humility, rectitude, patience, steadfastness, etc.

Any deviation from the norms set by those values leads to amoral or immoral behaviour, reprehensible under a code of conduct. The Quran puts the article of faith, devotional prayers and deeds of goodness under the rubric of righteousness; making spirituality the foundation of morality, and morality a matter of religious responsibility. (2:177).

In several ayaat of the Quran, Allah has commanded the establishment of justice. "And Allah commands you to judge between them by what Allah has revealed and follow not their vain desires..." (5:49). We find an excellent model in the life of the Nabi (PBUH) who made an everlasting contribution to the goodness and peace of the entire humanity.

The teachings of Islam seek to promote justice and to eradicate injustice, corruption and indecency from society. The Quran provides a complete framework of doctrines, standards, principles, rules and some basic laws to develop a system of justice. The Islamic state of Madina founded by the Nabi which operated under the sovereignty of the Divine laws of justice, is another model for the guidance of humanity.

The most distinctive characteristics of the Islamic judicial system in the early period was the cheap, just and quick decisions and their prompt execution. Its exceptionally unique and unusual feature was that the Naib who was the head of the state and the judiciary and also the commander-in-chief, made himself accountable to the Divine Law and even presented himself for adjudication on the complaint of a common man.

According to Dr. Guraya 'This unparalleled and unprecedented distinctive peculiarity of the Islamic judicial system can be appreciated only when it is read with the constitutional and judicial provision of the civilized West which upholds the dictum 'The king can do no wrong." (Islamic jurisprudence and the Modern world).

In the last hundred years the Shariah as a working legal system to be applied to business and commercial life of a modern state has proved absolutely inadequate. In Central Arabia Abdul Wahab (1744) emphasized God's unity (Tawheed) and condemned imitation (Taqleed) of the early jurists. He equated Taqleed with the worship of saints and gods and protested against the closure of the gate of independent reasoning in Islamic system of justice.

The dynamism of the Islamic justice system was stunted during the Abbasid period and accelerated after the fall of Baghdad. The orthodoxy which was encouraged in the beginning of this period asserted itself throughout the later period and the uneasy compromise between the rulers and the subjects caused a great havoc to the later development of legal institutions. People sought refuge under the easy formula of imitation or Taqleed.

Ibn-i-Taimiyyah (1263-1328) strongly criticized the rigidity of the ulema in their blind imitation of different law schools. His disciple Ibn-i-Qayyum believed in the evolution of laws and wrote "Legal interpretations should change with the change in time, place, conditions, intentions and customs." Both these great scholars took up the cause of 'Ijtihad' or a reappraisal of Islamic laws.

Had the Abbasids not hampered the natural flow of reason in jurisprudence, Al-Ghazali, Ibn-i-Sina, Ibn-i-Rushd and others would have been the greatest lawyers of Islam. Imam Abu Hanifa and his followers made extensive use of independent reasoning. Rules were given a wide scope under the plea of necessity and mitigation of hardships.

In the first century of Islam, independent reasoning and opinion played a vital role in the Islamic system of justice. With the expansion of the Islamic state, the jurists found themselves compelled to seek solutions based on reason, logic and opinion.

According to Ibn-i-Qayyim "the foundation of the Shariah is wisdom and the safeguarding of people's interests. Every rule which transcends justice to tyranny, the good to the evil and wisdom to triviality does not belong to the Shariah."

According to Ibn-i-Khaldun "The conditions, customs and sects of the world and nations do not continue according to any specific programme or pattern. There is always change from time to time and from one condition to another. This applies likewise to countries, ages and states. Such is God's order amongst His creatures "(Muqaddama)."

Clearly the Islamic social order is distinct and different from the secular social order of the West in fundamental ways. The modus vivendi of the Muslim masses and the modus operendi of the Muslim society are based on Divine-human relationship, expressed by the concept of Tawheed through which Allah is recognized as the Creator, Provider, Nourisher and Protector of all.

He is One, Unique, Sovereign in authority, Merciful, Forgiving and Just. All human beings are equal.... the eyes of His laws. Every human being has been endowed with a free will and as such every human being is personally responsible for his actions and has the right to establish direct relationship with Allah and enjoy His blessings.

The Islamic system of justice is geared towards doing justice equally to all. It protects the life, dignity, property of all without any fear or prejudice of race, religion and language.

The Divine laws define human rights, responsibilities and relationships and offer a code of conduct and framework to help build a justice system. The Quran says 'For each of you We have appointed a law and a way of life' (5:48).

The Nabi guided the Muslims to make decisions on matters of common interest through mutual consultation and showed them the way how to use reason in resolving issues through Ijtehad and Qiyas.

The spiritual, oral and intellectual foundations of the Islamic state were so solid and strong that within the next 50 years it emerged as the most progressive and prosperous civilization in human history.

It dominated the whole world and benefited humanity through its cultural heritage of knowledge and learning for almost nine hundred years. Muslim minds of the time made significant advances in all fields of knowledge, science, literature and jurisprudence.

During the last 500 years, the intellectual activities of the Muslims have remained mostly confined to matters of faith and religious rites, suppressing the creativity of the Muslim mind and destroying the vigour and vitality of the vibrant Muslim society.

The Muslim theologians have often wasted time and energy in the hair-splitting discussions and debates on peripheral issues, causing confusion and division in the Muslim Ummah.

The field of Islamic jurisprudence faced another serious problem when the Fuqaha (Jurists) refused to differentiate between what was fundamental, permanent and immutable and what was temporal, ephemeral and replaceable. Shah Waliullah (1703-1765) criticized this narrow approach very severely.

He pointed out that the articles of faith, moral principles, values, injunctions and prohibitions revealed in the Quran must be accepted as the permanent truth which can neither be changed nor compromised. But any laws, punishments and penalties derived on the basis of Ijtehad and Ijma are subject to critical review and change.

Allam Iqbal (1877-1938) expressed his concern and said: 'The ultimate spiritual basis of all life, as conceived by Islam, is eternal and reveals itself in variety and change.

A society based on such a conception of reality must reconcile in its life, the categories of permanence and change. It must possess eternal principles to regulate its collective life. (Reconstruction of religious thought in Islam).

During the last two centuries a number of reform movements were started in different parts of the world. After making some initial progress, most of these movements now appear to be receding and retreating.

A growing Taqlidi trend focusing on historically conditioned thinking and attitude, and an increasing tendency towards extending the purpose and role of law by defining Shariah as a pure way of life appear to be the most important factors which are causing a setback to true Islamic values.

A renewed interest in the study of Fiqh, represented by the different schools of thoughts, is sapping intellectual energies that might have been invested in some useful pursuits.

In the final analysis we find that the younger generation is not being sufficiently motivated to participate in the march of history as torch-bearers and promoters of truth, justice and goodness. This finding may provide some food for thought for those who are, or claim to be, movement-oriented.

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

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

How was man created or how did he come into existence? The Quranic version is explained in Sura Al-Mumineen (The believers): "We first created man from an essence of clay; then placed him, a living sperm in a safe enclosure (the womb). The sperm We made a clot of blood and the clot a lump of flesh. This We fashioned into bones, then clothed the bones with flesh. Then We breathed life into it. Such is God your Lord, the Creator of all things."

Again in the same sura, the different stages of man are described. "It was He Who created you from dust, then from a little germ, and then from a clot of blood.

He brings you infants into the world; You reach manhood, then decline into old age (though some of you die young), so that you may complete your appointed term and grow in wisdom." It is He Who ordains life and death. If He decrees a thing, He need only; say: 'Be', and it is."

The parts and organs of the body and its functions are not described and detailed in the Quran. But it is a fact that our body is made up of millions of tiny living cells. It's a complicated mechanism. It is God's most astonishing creation. It is a universe unto itself. Each part or organ of the body is unique.

The heart constantly pumps blood in our body so that each cell gets the food and oxygen it needs. The body cannot stay alive if the heart stops working. Similarly liver is like a chemical processing factory which secretes a digestive fluid called bile and removes toxic (poison) and waste from the blood.

Kidneys are really a pair of highly efficient filters. As blood passes through kidneys, waste products are removed and together with excess fluids, are excreted as urine. The function of pancreas is to control the body's blood sugar level and it also helps digest food in the small intestine.

All medical books mention that the most important organ in the body is the brain. The experts on the subject say: "The brain or the nerve centre could be called as capital of the body with all the other organs contributing in some way to it.

For example, the function of the heart is to pump blood throughout the body but in a special sense the heart's primary function is to provide the brain with the blood-carrying oxygen and food materials which the brain cells need in order to live and work."

Similarly the function of the lungs is to derive oxygen from the air and remove carbon dioxide from the body. But again in a special sense, the lungs' first job is to provide oxygen to the brain, carried there by blood, so that the cells may perform their functions.

At the same time, the lungs get rid of the carbon-dioxide which the brain cells (along with other body cells) have discarded. The eyes, the ears, and the other sense organs are designed specifically to help the brain 'know' what is going on both in the body and outside the body.

There is nothing single in the universe. God created everything in pairs and implanted in them a magnetic attraction for each other in order to provide for the perpetuation of the various species. As Quran puts "Men, have fear of your Lord who created you from a single soul. From that soul, He created its mate and through them he bestowed the earth with countless men and women." (Sura Nisa)

At another place, Quran traces history: "Mankind was once a single nation. O Mankind! We created you from a single pair of a male and a female and made you into nations and tribes that you may know each other, not that you despise each other."

Why have human beings been created? The purpose of creation was as Quran puts "And We created man and jinn to worship Us." "Men serve your Lord Who created you so that you may guard against evil and continue to worship him till your death." "And We shall try as to which of you is the best in conduct" as man has been endowed with the power of thought, the knowledge of good and evil.

Thus a human being possesses the capacity bestowed by God to choose - the ability to make decisions regarding the course of his own life. He may choose to act wisely and use his physical powers and his mental abilities in profitable ways or he may choose to live selfishly for personal pleasure and to disregard moral law and even the health of his own body. Therefore, man is a free agent and every person is responsible for the outcome of his own life.

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

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

The purpose of this article is not to discuss how women's rights are practised in Muslim society today, but what they mean in a truly Muslim society. It is necessary to understand this difference, because Muslims today are facing much confusion over this issue and it has, in fact, percolated to every sphere of life and created two schools of thought.

One propagates western thinking and value system. According to it, the restraints Islam imposes on women are not only oppressive and unjust but also responsible for the material backwardness of the Muslims. They advocate "moderating Islam" and adapting it to a western model.

The other view presents notions of strict seclusion for women, and that they should not be seen outside their homes unless chaperoned by a male, not in the prohibited degree, or participate in social affairs on equal terms with men or even gain more education.

"Women's rights" is the mantra that everyone aspiring for entry into the "mainstream" chants. Let us take a look at its background. The slogan reflects women's reaction against prolonged "persecution." In ancient times, roles were strictly defined for men and women. So "Adam delved and Eve span" became the proverb.

At the same time, women were regarded as "the weaker sex," incapable of performing physically arduous functions and even of protecting themselves. They were, therefore, treated as inferior to men.

Even though Queen Bodicea led a rebellion against the Romans (62 A.D.) and Joan of Arc, a French peasant girl, led the French armies against the English in the early 15th century, still there was no place for women in social affairs.

Gradually men became more aggressive and began to treat women like chattel. Even queens were not spared. King Henry VIII of England had two of his queens (Anne Boleyn and Katherine Howard) beheaded on charges of infidelity and adultery. Two he divorced and banished.

In Hinduism, women were required to worship their husbands. They ate separately after all males had finished eating. A widow was burnt to death on her husband's funeral pyre, according to a rite called sati.

After Viceroy William Bentinck intervened to ban this religious practice, their widows were subjected to other torments. A widow had to keep her head permanently shaved, eat a frugal meal only once a day, always dress in coarse white, not remarry, nor participate in auspicious rituals such as marriages etc. And the Hindu law, embodied in manusmirti (the "Law of Manu") and its two offshoots, the Mitakshara and Dayabhaga schools, both exclude women from inheritance.

Judeo-Christianity had no provision for inheritance nor did it define conjugal rights, such as maintenance and divorce. Fornication and adultery were cursed like other sins, in passing, but not treated as culpable.

Christianity's failure to solve social problems triggered a revolt in 16th century Europe which came to be known as the period of Enlightenment. The world view expounded by its apostle, Francis Bacon, emphasized the need for man to "consult only things themselves."

Hobbies followed, rejecting everything, other than material existence, as unreal. And Descartes put the seal on it with the postulate "Never to accept anything for true which I did not clearly know to be such."

This new weltanschauung banished God from human affairs. A new concept of liberty synonymous with licence emerged, evoking Milton's famous line, "License they mean when they cry liberty."

Women took the cue from the Enlightenment to organize and agitate. Thus the expression "feminism" was born in 1895, implying "political, social and economic equality between sexes." But, as they won victory after victory, the success fou spurred them to claim absolute liberty. So, feminism became "women's lib." Their new claims included the right to use their body as they wished, to have babies out of wedlock, besides lesbianism and abortion.

This attitude amounts to a revenge on religion for its failure to give them relief. So the laws on women's rights in non-Muslim societies were made by man. But human knowledge, despite all his achievements, is never the last word.

By contrast, Islam had codified the laws to protect the rights of women, 1,200 years before the phrase "women's rights" had been coined. And eight centuries before King Henry VIII banished his divorced wives, Muslim women had been assured of appropriate settlement on divorce.

It is a marvel that Islam's laws relating to women, revealed so long ago meet all the tests of modern civil law. Among them, marriage is the most glaring example. It is a contract according to the most rigorous definition of the term under the Law of Contract, embodying all the four basic ingredients of a contract, - offer, acceptance, consensus ad idem and consideration.

The woman's free consent (acceptance) to a marriage proposal (offer) is indispensable. Both must have a unity of minds on the issue (consensus ad idem). And the man must agree to pay a specified sum of money to the woman he marries (consideration).

Besides, not only married women have the right to maintenance but even divorcees have such rights under given circumstances. It follows, therefore, that a Muslim woman can only be married to a Muslim man.

Therefore the marriage of any woman to the Quran, for instance, as practised by some people in Pakistan, is not only invalid in Islam but also an enormous heresy because it amounts to attributing male gender to the Divine Revelation.

The element of tender care for women is reflected in 2:223 where it says, "Your wives are as a tilth unto you..." You have only to ask a farmer how he cherishes, cares for, and covets his tilth, to capture the exquisite beauty of the simile. Reciprocal respect is enjoined in 2:187, where spouses are called each other's "garment." There is no concept of the woman worshipping the husband.

Although one of the steps to discipline wives, "on whose part one fears disloyalty and ill-conduct," permits "beating." (4:34), all commentators, including Imam Shafei, are unanimous in holding that "beating" should be deprecated and if at all resorted to, should be nominal, without any element of cruelty. Besides there must be no "nagging" if the wife corrects herself.

If dispute persists, there is provision for arbitration and counselling (4:35) And 4:128 provides for separation if a wife fears cruelty or desertion on her husband's part.

A woman inherits a specified share in the property of her deceased parents as well as her deceased spouse. A Muslim woman is sui juris. She can sue and be sued in her own name.

She can own and dispose of property. Women can go out of doors alone and take part in social, economic and political activities or pursue a lawful vocation. They have the right to offer prayers with men. But "with," here, means "in unison with," as in Makkah, Medina and other mosques, as distinguished from standing sandwiched between men.

Muslim widows are free to remarry. (24:32). Launching a charge against chaste women unless supported by four witnesses (24:4) is a punishable offence. Actually, Islam interprets the laws of nature.

It takes note of the perils inherent in excessive gender interaction, because, despite all their masculine achievements, women remain vulnerable as borne out by frequent complaints of gender harassment on job.

Recent reports in the American media about the scandals in some of the US Air Force bases and the Lyndee England - Charles Graner scandal at Abu Ghraib prison further highlight the consequences of carrying gender equality too far.

To prevent such ugly eventualities, Islam emphasizes modesty. The Quran asks not only women, but also men, to keep their gaze low. Islam puts a heavy premium on chastity which is still valued even in non-Muslim societies, despite widespread promiscuity. This should explain the restraints on women's dress and conduct among relatives within prohibited degree and others.

"Elderly women, past the prospect of marriage, may lay aside their outer garments provide they do not make a wanton display of their beauty;" (24: 60). For appreciating its profundity the ayah requires some reflection.

Fornication and adultery are crimes in Islam, for which specific punishment is prescribed without gender inequality (24:2). Anything beyond that (e.g. karo kari) is, therefore, transgression. There is no question that adultery is far worse than fornication. It breaks homes. It ruins lives.

Islam preaches that everything in heavens and earth belongs to Allah. That includes the human body. Humans had no choice in the creation of their bodies, the formation of their limbs or their faculties. Therefore, all people are not equal physically and mentally. They cannot stop the onset of decay in their bodies.

In fact, humans are lessees in perpetuity; Allah is the owner of their bodies and unto Him shall they return eventually. As a lessee is not free to do whatever he wishes with his leasehold, so humans must use their limbs in the way their Creator and Owner has ordained.

Therefore the concept that women have a right over their own bodies to use it the way they wish is unacceptable in a Muslim society. To understand the spirit of the Islamic principles with regard to women, a careful study especially of Sura Nisa (4) and Sura Noor (24), is recommended.

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

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

So easy to remember, but so comprehensive, is the Quranic supplication to God asking for 'well-being in this world' and 'well-being in the next world', and 'protection from the torment of fire.'

In fact, this prayer confirms what the Sufis, or Muslim mystics, suggest - that every human being, irrespective of where and when one is born, has to complete the life-cycle of three stages of existence, physical, spiritual and eternal, after reckoning and retribution.

In the present period of global unrest and the war against 'terrorism' which is being waged on a universal scale by the 'coalition of the willing', anyone who is for peace and justice is tempted to interpret human life in a different light.

Not in terms of the Darwinian dogma of 'struggle for existence and survival of the fittest' and Nietzsche's notion of superman's power to subdue the 'ant-hill of individuals' - the two strands of scientific and philosophical thought that have been the driving spirit of the West since the Victorian era when Christian values of kindness, meekness, charity and altruism were thrown to the winds and overpowering strength and conquering spirit became the ultimate virtues.

For a better change we have to rediscover the meaning of life. And one of the ways to do so is to define human destiny in terms of the sufistic concept of peaceful co-existence and compassion for fellow humans who are, like one's own self, the creation of that one God who brought into being the first human couple in His own image by 'breathing into them some of His own Rooh or spirit' (to quote from the Quran - 15.29).

This 'rooh', or soul, is therefore, of Divine origin and is not subject to decay and death. Thus, it has to be treated as a sacred object deserving of greater care and attention than our body, the physical mould created from earthly substances which must decay and die during our existence in this world. The Sufis lay great stress on cultivating the soul.

What is 'rooh', or soul? The listeners of the Holy Quran had quizzed and the Prophet (pbuh) looked up to the Almighty whose exact words defining the soul, as preserved in the Quran (17:85), can be rendered in English thus: "The soul is by command of the Creator and you (humans) have been endowed with only a little knowledge (making it difficult for you to comprehend)."

So, except that the soul is a manifestation of God's creative power, one cannot have specific knowledge about the chemistry of the soul. Command of the creator has been explained in another context thus: "He is the all-Wise Creator; and when He intends a thing, He only has to give the command, 'be' and it happens (36:81-82).

So, all of us are alive and active because of God's command 'be'. We cease to be alive when this command, or soul, is withdrawn. The Sufis are not to be compared with the Christian hermits of yore inhabiting medieval monasteries, practising celibacy and penance, neither with the Buddhist monks or 'bhikshus', shunning worldly pursuits and living on alms collected from door to door.

The Quran condemns monasticism as did the holy Prophet who discouraged asceticism and the life style of a recluse having little to do with worldly affairs and concentrating only on prayer and fasting.

The Sufis were known as 'Aarifun', meaning gnostics, having true knowledge of God's attributes. The leading Sufis were, called 'waliullah', or lovers of God, who perceive through piety and prayers what the general run of men cannot even think of. They 'understood nature from the inside', as Sayyed Hussain Nasr puts it ("Science & Civilization in Islam").

According to him, most of the scientists and mathematicians of Islam's golden period were Sufis as they perceived and knew what the exoteric theologians did not.

The Sufis blended intellect with intuition. The latter merely interpreted facts through logic and reasoning. Human consciousness and all the five senses of perception are governed by the soul; and as human knowledge, or science, progresses and produces better and more effective tools of perception, the senses can see distant images and hear distant messages, and so on, but the limit is the material universe.

The senses, though controlled by the soul, cannot perceive objects beyond the realm of matter. But the same senses do see things, hear sounds, taste fruits, smell fragrant flowers and touch articles made of rarest metals, - all of this belonging to a world outside the material universe - not when one is wide awake but in a dream, which is, according to the Sufis, a temporary phase of freedom of the soul from the confines of the body.

This substantiates their claim that as a person detaches oneself from the 'material pollution', the inner faculty, embedded in the soul, finds a free hand and enables the person to see the inner aspect of things on the spiritual plane.

The Sufis seek knowledge by purging and purifying the mind, which is also governed by the soul. This exercise meant to face the spiritual world does involve denying oneself the luxuries of life - rich food, fine clothes, a comfortable home and worldly pleasures.

The Sufi, in this respect, can be likened to a practical socialist who believes in eliminating the social inequalities and reducing the wide disparity in living conditions of the rich and the poor.

According to the Sufis, the soul and the body of an average person, not initiated in the mysteries of mysticism, are mixed together like cream in milk. To separate the cream, milk has to be boiled and then cooled to let the cream settle on the top of milk in the form of a rich and thick layer.

Similarly, after purging the body of its material and carnal desires, through austere and pious living, the soul dominates the body and takes it on the illuminated path where peace prevails and God's blessings are showered on the 'Saalik', or the wayfarer, on the road to salvation.

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

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