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'ba), 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'ba 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). Sharia clarifies if there is
confusion on a certain matter. It 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 dowry 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 Islamic 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 Muslim
faithful through five parameters or commands. These are: absolute duty, (Fard),
commendable (Mustanjab), 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 the
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 (Wahi).
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.
Nass is the binding ordinance explicit in the Quran and Hadith. 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 Ijtihad 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 inflicted 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 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 Ijtihad (literally means exertion). As such, 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 Ijtihad 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 Umayyad 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 Ijtihad.
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 Ijtihad 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 societies 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.
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