June 15, 2014
By Saeed Qureshi
Let us first of all admit that Islam is a religion
just like Christianity and Judaism; that it is a monotheistic religion like
Judaism. That it shares its divine ancestry with Judaism and Christianity, even
if the latter two religions don’t accept it, because they claim to be the
forerunners of Islam. It is in the same way that Judaism doesn't accept Christianity
which came much after Judaism.
Let us also acknowledge that Islam has a rich heritage
and culture like other faiths. The Islamic
religio-social traditions and customs teach how to dress up especially for the women,
what to eat (meals from legitimate income and in case of meat the animals to be
slaughtered in a religiously defined way).
The Islamic ethos also spells out
the ways to celebrate the religious days and how to host feasts. It also
includes the circumcision and the marriage ceremonies. Islam does not encourage
the kind of music and modes of entertainment that arouse sexual, carnal and
lecherous sentiments.
Islam like other religions has symbols also.
These, inter-alia are the mosque, rosary, holy water (Zam Zam), beard, moon,
black stone placed in one of the walls of the House of the Lord (Khana Ka’aba),
the green color, the curved sword, minarets and turban. Like many other
religions the Muslims too have a holy book Qur’an. It is our common knowledge
that this religion sprouted in the Arab land whereas the Christianity and the Jewish
were born in the North of the Arab peninsula.
Islam has a package of five basic beliefs.
These are: belief in one God or Allah, belief in Angels, belief in Holy
Scriptures (Torah, and Bible), belief in the apostles or messengers of God, belief
in the Judgment Day, belief in God’s omniscience, prior knowledge and
determination of all things.
Islam has also five pillars of Observance or
obligations. These are Shahada (declaration of faith) that there is no God but
Allah and that Muhammad is the messenger of Allah. The second is Salat or
prayer with face towards Haram Sharif or Khana Ka’aba five times a day. The third
is the Zakat or alms which ordains giving a percentage of one’s income to the poor
and underprivileged. The fourth is Fasting during the Islamic month of Ramadan.
The fifth is Hajj or pilgrimage once in life time if possible financially or health
wise.
There are two sources of Islamic Sharia or law in
Islam. While the Quran is the
primary basis for the Sharia, it is in the second source the Sunna or the life
of the prophet as recorded in the Hadith that has been a major source of
information for the details of the law only hinted or omitted in Koran. The
Sunnah or Hadith of Prophet Muhammad comprises his actions, silent approvals,
decisions, utterances, sayings and edicts. The decisions and sayings of the
four successors of the prophet called caliphs are also used as precedents for
making decisions on matters concerning Muslims or non- Muslims.
Sharia covers the entire body of Islamic law as
it developed since the time of the prophet (six hundred legal references in
Koran and Prophet Muhammad’s statements contained in the Hadith). Shariah
claries if there is confusion on a certain matter and interprets rules and
regulations, decisions and edicts of the prophet and Quran.
The constituents of Islamic
Sharia are not confined to Quran and Hadith alone. The other sources are some
of the Pagan customs from the Bedouins like Muta and dower and also the traditional
commercial/agrarian practices. A select number of Roman and Byzantine laws have
also been incorporated in the Islamic Sharia. For instance the plaintiff must produce
evidence and witnesses otherwise defendant can swear and clear himself. Jewish,
Persian and Greek traditions and laws also form part of Sharia
The Quran narrates parables and stories of the
ancient prophets, nations, societies and civilizations and warns as to why they
prospered and why some of them received divine wrath and vanished. It gives
vivid and detailed information about the life after death, the Day of Judgment
and the final destinations of the Heaven and the Hell.
Islam judges or evaluates the temporal and the
ecclesiastical matters and the deeds of a faithful through five parameters or
commands. These are: absolute duty, (Fard), commendable (Mustajab), permissible
(Mubah) reprehensible but without punishment (Makruh) and forbidden (Haram).These
five criteria also fall under Sharia. As already explained, the Sharia that
governs the conduct of a person or group is derived from the text of Qur’an and
also from the practical life of the prophet.
The Islamic state was headed by Prophet Muhammad
in the city of Medina in 622 - 632 A D. This was that actual period when the fundamental
contours of a Muslim state were laid down. Since prophet (SAW) himself was the
ultimate authority on all temporal and divine affairs, his words, decisions and
verdicts were unquestionably accepted as the commandments of God conveyed to
him through divine revelation (Wahee).
But when the Muslims in subsequent times, through
their conquests and preaching missions came into contacts with other
civilizations and religions, they faced enormous doctrinal and administrative
challenges that had to be resolved rationally if these did not have the
precedents within the Quran or the life of the founder of Islam. It is in the
wake of such intellectual and doctrinal dilemmas that several schools of jurisprudence
for elucidation of Sharia to the outside world and even to the inquisitive Muslim
came into being.
The four such orthodox schools
of Islamic law that dealt with the application and expansion of Sharia in the
subsequent times are:
Abu Hanifa: analogies, parallels or Qiyas
gleaned from Quran if there is no order or injunction in Quran or Sunna.
Imam Malik: His collections of laws
relied on local traditions of Prophet Muhammad and his companions in
order to fit into the customary law.
Al Shafi: Stipulates compromise
between tradition and independent thought, restricts use of common sense as
done in Imam Abu Hanifa’s Qiyas practice. He founded the science of Muslim jurisprudence
Ibn Hanbal: He was ultra conservative.
His legal philosophy is called Nass: It means sanctified opinion derived
from only Quran and Hadith and no other source. While he rejected human
reasoning adopted by other three Islamic scholars, he preferred even Shaky
Hadith to determine a law or decision.
These schools operate within the framework of
Ijtehad that means reinterpretation of Sharia or Islamic laws. The decisions
arrived at are ordained to be with Ijma or consensus and not to be a single opinion
(Raye) of an individual.
Besides these schools, the Muslim thinkers also
tried to answer many philosophical contradictions through intellectual scrutiny
and rational explanations. Such questions were about the predestination, the
free will, mysticism, religious truths and intellectual truths, role of reason
in relation to the theological truths and so on.
Apart from these intellectual
and religious debates ranging since the passing away of the prophet till now,
the simple principle on which the entire Islamic religious philosophy and precepts
boil down is that man should live like a servant of God and accept him as the
only creator who not only governs the universe and all the existence but also
watches the Muslims in the light of their good and bad deeds or intentions.
Based upon the nature of a
deed in this world, God, on the judgment day, will give reward and punishment
accordingly. The obedience to God has not only to be professed verbally but
practically demonstrated through five times daily and one time weekly prayers.
A faithful’s virtuous life and personal good conduct is also a testimony to his
submission to God as his subject.
Thus Islam wants man to be an embodiment of all
positive and good virtues such as humility, charity, peace, chastity, kindness,
tolerance, love for fellow believers, respect for elders, and women and so on.
The crux of all these noble traits is defined in one phrase that, “a good Muslim
is that whose tongue and actions are not harmful to others”. Islam means
submission and Muslim means who practices Islam and is unconditionally obedient
to God.
Prophet’s Muhammad’s period of leadership is
deemed by the Muslims as the ideal model both from mundane and spiritual standpoints.
To a lesser degree, the caliphs’ life of piety, self denial and untainted dispensation
of justice is also taken and followed as beacons for Muslims. The Shia sect in
Islam believes only in the spiritual leadership of the fourth caliph Hazrat
Ali, who was the cousin brother and son in law of the prophet also.
The ideological cleavage between the Shias and
the Sunnis is the incurable wound on the body of Islam. Although, they share
major common elements of faith, yet the Muslim nation is irredeemably and
rather irreconcilably divided into two distinct factions forever. Their mutual
antagonism is as deep rooted and chronically as bitter as the religious
animosity between the Muslims and the non-Muslims. This festering fissure
resulted from the claim of the fourth caliph Hazrat Ali as the rightful
successor of the prophet for the caliphate.
As for fundamental beliefs, Islam brooks no compromise,
nor tolerance nor any deviation. As for the rituals these are subject to certain
conditions that apply keeping in view the physical, social and financial status
of a faithful. For instance pilgrimage is essential for those who can afford it
monetarily. The religious tax (Zakat) is also contingent upon the economic
position of a member of Islamic fraternity. The fasting is also not strictly
applicable to those with infirm health, pregnant women or during traveling or
for similar reasons.
Islamic culture goads moderation, sanctity,
piety and sobriety. It shuns or discourages the indecent extravaganza, the
morbid exhibitionism, or lewd show off. For instance Islam allows feasts on
weddings and merry making on joyful occasions but exhorts serenity and no
lavish spending. In matter of dresses or
costumes, it is not necessary to dress up like Arabs by wearing a big long rob
but one is ordained to cover the nakedness of certain parts of the body.
The purpose is to maintain sanctity of one’s
body which is more rigid in case of women for their being an object of amorous
eyes from the impious or sexually pervert people. Understandably, such conditions
can be met by wearing even western, Chinese or African dresses if these fulfill
the basic criterion of covering the body and maintaining modesty.
Mindful that the religious teachings and dogmas
would not remain rigid for all times and in different societies, the prophet
kept the door for amendments and changes open in Sharia but without deviation
from the main corpus of Islamic teachings. This is called Ijtehad (literally
means exertion). So all the interpretations or alterations in the Sharia worked
out by the succeeding Muslim philosophers and religious scholars were done in
the light of that provision.
When we compare the western democracy with the
Islamic political system and the choosing of the leaders in the primitive
Islamic societies with that of the modern times, we tend to forget that it was
only after the Renaissance and Reformation that the Europe started embarking upon
the democratic path. Otherwise, the Christendom was afflicted with bloodletting
conflicts between old Roman Church and the proponents of reforms throughout the
Middle Ages. So to paint only Islam as undemocratic is not a pragmatic or
truthful approach to the Islamic system of government.
Democratic system functions in a closely knit
world with fast communications as we have in the modern times. Otherwise the
Greek democracy that was prevalent even before Christ was confined to the
cities. Beyond the city states, it could not be expanded because an integrated
system of voting or conducting elections in the length and breadth of the vast
empire was not possible. Moreover, those were not the ages of enlightenment and
therefore the true democratic culture even if conceived could not be
practically followed during the present times.
The Sharia that was prevalent during the time
of Prophet Muhammad and four caliphs (632-661) can still be applicable if it is
suitably modified to bring it in conformity with the phenomenally different
world of today. The consensus can be brought about, if the narrow concepts and beliefs
affected by sects and denominations, contrary to the age of prophet, are set
aside. Or at best these sects can still function but the main consensus code
should remain supreme.
Which means that the symbols are just a window
dressing and have no pronounced bearing on the life of a Muslim faithful? The rituals
are relative and are strictly obligatory for those who have the capacity to
observe them. The beliefs are confined to the individual and are personal. What
matters most is the resolution or dealing with the crimes, anti-social
practices and destructive actions of the citizens. Islam presents a general
framework for dispensation of justice.
The cardinal principle that Islam lays
down is the strict fair play, administering absolute justice in complete
disregard of someone being poor or rich, influential or obscure, a common man
or a man of authority. It should be acknowledged that the modern judicial
system fulfills all these conditions if applied by such a government that would
respect and sincerely promote law and justice.
It means that the punishment to the convict is
imperative but the choice of the punishment and the mode of dispensation can be
improved or reformed for such punishments as beheading with a sword. For
instance, the theologians and Islamic jurists must acknowledge and therefore
incorporate it in a new Islamic code that covering of veil was not possible for
women now as was done in tribal or feudal societies in the past and even now.
It is also essential to change through an agreed
Ijtehad process that a rape female victim instead of being further victimized and
brutalized by the religious laws must be helped against the male rapists. So
such unattainable or impracticable conditions as to the production of four
witnesses must be discarded because in the present times, the occurrence of rape
and the identity of the rapist can be verified by scientific means such as
testing of DNA.
The Islamic caveat concerning the interest or
mark-up has to be modified because the complexion of the societies and the
nature of interest have undergone a radical change. The Arabian society in the 6th
or 7th centuries was primarily agrarian. The usury or the interest
was charged in advance on cash given to a needful. Now the concept of interest
is not like those primitive societies.
The interest bearing economy is now profit
making economy because the money remains in circulation. That is how the wealth
increases and the economy grows. The old interest concept which now is rather
reinvestment for profit has to be modified.
Similarly another issue relating to patrimony or
inheritance and alimony (allowance paid by the husband to divorced wife) has to
be redefined in the modern societies when the civil laws enshrined in the
modern jurisprudence, treat these issues better than the antiquated customs
that were derived from the tribal system. If a reinterpretation is not thought
about, still the parallel legal or economic system cannot be ignored or ruled
out. The world today is interdependent. The Muslims cannot live in isolation.
So it depends upon the governments to apply and
enforce laws, otherwise even the best of rules and caveats fail and remain
ineffective. The example is the multitudinous Islamic caliphates that used
Islam to justify their illegitimate hold on power. They fought each other for
power and decimated their rivals to the last man as exemplified by the power
struggle between Ummayd and Abbasid and later between other Islamic dynasties.
The religion of Islam is patently secular in
nature, not in the religious sense but in terms of its openness, liberalism and
accommodation for all opposing creeds and cultures. The incontrovertible shining
example of that is the Muslim rule in Spain (756-1492), when the Christians and
the Jews lived with the ruling Muslims, enjoying equal rights and in peace and
dignity.
In the contemporary times, Malaysia, Indonesia,
Tunis, Morocco, Jordan, Egypt and certain Central Asian states offer examples of
enlightened, accommodating, progressive Islamic polities where minorities live
in peace, harmony and equality along with the Muslim majority. In these
countries, the Islamic laws have been enforced in such a way that these not
only fulfill the pristine spirit of Islamic Sharia, but also meet the
requirements of a modern state.
Although polygamy is practically nonexistent
for the majority of the Muslims, yet it is one of the stigmas that Islam
suffers from. The polygamy is prevalent mostly in the Arab lands. In other
countries it is sparingly practiced in the tribal, feudal and religious classes.
But for outsiders this has invariably been used as a slanderous tool against
the Muslims to prove that the women folks were sex chattels, were lesser equal and
inferior to the males.
That is true to a degree. In order to deal with
this contentious issue, it is necessary that the Muslim jurists and theologians
should sit together and hammer out a formula that should aim at discouraging
the polygamous tendencies and practices in the Muslim societies. Or it can be
declared forbidden through Ijtehad.
But I strongly reckon that as the societies
tend to be more progressive, the Muslims would themselves abandon the polygamy.
As a result, though, the divorce rate would soar among the Muslims as we can
see in the western societies where polygamy is lawfully banned. Even now the
educated and independent women do not like to marry a person who would be
already married.
So the modernization of the Islamic conservative societies
would neutralize this social slur associated with Islam. The domestic violence
should be sternly dealt by the Islamic governments but it would also be
hopefully outstripped and fade away with the passage of time.
Modernism, liberalism and secularism is the
answer to the backwardness, indolence, underdevelopment and intellectual,
economic and social decadence of the Islamic world. The Jews hammered out a
historic compromise in 18th century when they imbibed and adopted
the western ways of life at the behest of the Jewish philosopher Moses
Mendelssohn. Professor Moses exhorted the Jews to abandon their rigid
fanaticism and Talmud and conform to western culture.
Through a political movement aided by the
capitalist Europe and America the establishment of the state of Israel was made
possible in 1948. In the same way, the Islamic religious fervor has got to be
rational and aided by the political and reformative spirit if the Islamic
countries want to be counted as modern nations in contemporary world.
The first constitution is always vulnerable to
further alterations and amendments. Likewise, the original Islamic ideologies
and dogmas that became controversial, counterproductive and rather unworkable, should
be overhauled while keeping intact their spirit and core philosophy and
teachings of Islam.
If Ijtehad started barely 80 years after the
demise of the prophet of Islam by the Muslim reformers, theologians, philosophers
and scholars, then such an endeavor is indispensable in the modern times when
the Islamic teachings are targeted for their irrationality, obscurantism, subjectivity,
inconsistencies and for being out of sync with the rapidly advancing
imperatives of a highly competitive modern world.
In Christendom, after prolonged controversies,
debates and bloodshed, the state finally managed to relieve itself from the
influence of papal supremacy or the domination of the church. Every country
established its own church or denomination in Europe elsewhere in the world,
and of late in the United States. The Church and state were separated for their
respective roles.
That proved to be a blessing in disguise both for the church
and the state. Similarly, in Muslim countries a gigantic effort is needed to
harmoniously blend the Islamic beliefs and religious creed with the dynamics
and progressive spirit of the modern societies without compromising the
essential teachings.
In Islamic states, the state and religion have
to function without mutual conflict and contradiction. There should be no
place, for fundamentalism, sectarianism, fanaticism, or rigid adherence to a creed,
that is outdated and ruinous to the cosmopolitan nature of Islam.
An
enlightened and updated fundamentalism (the age of prophet) is the need of the
hour for Islamic societies to move forward and join the comity of modern states
in technological, scientific and in other domains of human and material advancements.