Islamiyat Articles

Download as pdf or txt
Download as pdf or txt
You are on page 1of 94

Part One

Hazrat Umar (RA): The Great Builder and Ruler of


the Muslim World (Mubashir Iqbal Kitaba)
Hazrat Umar’s (RA) full name was Umer Ibn Al-Khattab Ibn Nufayal Ibn Abdul
Uzza. He was born into the Adi clan of the Makkan Qurayash tribe thirteen years
after the year of the Elephant. The Prophet Muhammad (SAW) was born in the
year of the Elephant itself, therefore making Umar(RA) thirteen years younger
than him. When his daughter, Hafsa, married the Prophet (SAW), Umar(RA) also
became the latter’s father-in-law.

Nufayal Ibn Abdul Uzza, Umar’s grandfather, was a reputable personality of his
time, often being referred to for judgment(s) and consultation(s). Umar (RA) was
therefore brought up in the family of a wise man, in an environment of knowledge
and learning. This might have influenced him (RA) in his quest for knowledge.
Certainly, Umar (RA) was amongst the very few people in pre-Islamic Arabia who
could read and write. He also had a great passion for poetry – to the extent that
there was hardly an occasion when Umar(RA) would not quote poetry about
something. Umer (RA)memorized a great number of poems, both by the poets of
ancient times and his contemporaries, and would often quote them spontaneously.
This indicates that he was sharp man, with a brilliant memory. He was very
eloquent, clear in his speech, persuasive, wise and forbearing. For these reasons,
the Quraysh nominated him as their ambassador, marking his eminence and
supremacy within the tribe.

His father, Khattab, was a very harsh man, which Umar (RA) remembered
throughout his life. He also remembered how he used to tend his father’s livestock
and gathered firewood for him – tasks he also carried out for his maternal aunts.
Once, while he was Caliph, Umar b. al-Khaṭṭāb(RA) ascended the pulpit and told
the people about his earlier occupation and how, after tending the flocks for his
aunt from the Banū Makhzūm, in return he would receive just a handful of dates
and raisins – that, he said, was all he had to eat for the whole day! When
Abdur-Raḥmān ibn Awf asked Umar(RA) why he denigrated himself in front of the
people by telling them this, ‘Umar (RA) told him that it was meant to remind him
about his past, to kill the pride and haughtiness popping up in his heart. Such was
the strength of personality of caliph Umar (RA), the Great.

During the early days of Islam, Umar (RA) was a stern opponent of the
Prophet(SAW). Along with the other Quraysh leaders, he would mercilessly
persecute people who accepted Islam. Umm ‘Abdullāh bin Hantamah described
how, while she was migrating to Ethiopia, Umar (RA) went to her and asked her
why she was leaving Makkah. She replied that it was due to the unbearable
treatment he had doled out to her and the other Muslims. Umar (RA) was touched
by her words; soon after, he nonetheless decided to kill the Prophet(RA) and his
close companions at a meeting with the Quraysh leaders. He therefore headed
towards Dār al-Arqam, beside the Mount Ṣafā, where Prophet Muhammad (SAW)
and his companions were in hiding. On his way, however, he met Nu’aim ibn
Abdullāh, who tried to stop him. They both argued and, while trying to stop

Study Notes by Aamir Mahar 1


Umar(RA), Nu’aim informed him that his sister, brother-in-law, and cousins had all
accepted Islam. Upon hearing this, Umar(RA) ran to his sister’s house and burst in
while she and her husband were reciting parts of sūrah al-ṬāHā(chapter 20). He
attacked both of them, hitting his sister in the face and making her bleed. Umar
immediately regretted this and, after calming down, asked them to give him what
they were reading. Umar’s(RA) sister, however, refused to hand the Qur’an
fragment over to him until he purified himself. After Umar(RA) had done this, he
read the sūrah and was deeply moved by the message of the Qur’an, subsequently
declaring his faith in Islam at the hands of the Prophet(SAW). He was the fortieth
person to accept Islam. Traditionally, his conversion is seen as a response to the
Prophet’s supplication to Allah, that Islam be supported by either Abū Jahl ibn
Hishām or ‘Umar ibn al-Khaṭṭāb. Upon accepting Islam, Umar(RA) decided to
preach the message of truth openly in public. For his courage and boldness, the
Prophet (SAW) gave him the title al-Fārūq (the differentiator between truth and
falsehood).

Umar’s(RA) Islamic education was earned at the hands of the Prophet (SAW). He
was amongst the Prophet’s closest companions and would often enquire and learn
about Islam in his presence, later transmitting the knowledge he gained to others.
In particular, Umar (RA) would often ask the Prophet about his opinions with
regards to certain Qur’anic verses. Moreover, Umar (RA) frequently offered his
own personal reasoning (ijtihād). In fact, there are several instances where the
Qur’an contains a verse revealed in confirmation of Umar’s(RA) opinions. Ṣaḥīḥ
al-Bukhārīreports a tradition from Umar(RA), in which he said that:
My opinion coincided with that of my Lord (Allah) in three matters. I said ‘O
Messenger of Allah, why don’t you take maqām Ibrāhīm[the station of Ibrahim,
located near the Ka’ba in Makkah] as a place for prayer? Then Allah revealed that.
And I said ‘O Messenger of Allah, both righteous and immoral people visit you, why
don’t you tell the Mothers of the believers to observe ḥijāb? And, Allah revealed the
verse of ḥijāb. And I heard that the Messenger of Allah had rebuked some of his
wives, so I went to them and said ‘either you stop, or Allah will give His Messenger
wives better than you… then Allah revealed the verse of sūrah al-Tahrīm(66:5)
In addition to these examples, when the Prophet Muhammad (SAW) was asked to
offer the funeral prayer for Abdullāh ibn Ubay, one of the munāfiqūn (hypocrites),
Umar (RA) went to him to try and stop him from doing so. The Prophet (SAW),
however, simply smiled and chose to proceed with the funeral. Later, the Quranic
verse in sūrah al-Taubah(9:84) was revealed, prohibiting the Prophet(SAW) from
joining the funeral prayer of any of the hypocrites, or of standing by their graves to
pray for them.

These points of agreement reflect the Prophetic statement: “Among the nations
before you were some people who were inspired [muhaddathūn]. If anyone among
my ummah(people) were to be inspired, it would be Umar (RA). The scholar Ibn
Hajar al-Asqalānī considers the word muhaddath to imply any of four meanings: a.
one who is inspired, b. one who speaks the truth spontaneously, c. one to whom
angels speak without him being a prophet, or d. one with intuition.3 The
correspondence between ‘Umar’s opinions and the Qur’an’s indicates that ‘Umar

Study Notes by Aamir Mahar 2


was a possessor of muhaddath. This rare characteristic closely affiliated him with
the Prophet(SAW) and – given that none of the other companions received this
gift – rendered Umar (RA) an unmatched honour.

Upon consultation with the prominent companions, Abū Bakr (Islam’s first Caliph,
appointed Umar (RA) to succeed him. Indeed, Umar’s(RA) leadership of the
Muslim community had been envisioned by the Prophet, and is described in
several narrations. One, recorded in Ṣaḥīḥ Muslim, reports that the Prophet (SAW)
said: “While I was sleeping, I saw myself drawing water from a well with a bucket.
Abū Bakr came and drew a bucket or two. Then, Umar ibn al-Khaṭṭāb came and the
bucket in his hands turned into a very large one. I had never seen anyone so strong.
All the people drank their fill and watered their camels that knelt down there.” This
ḥadīth foretold the rule of the two prominent companions of the Prophet and
implied that Umar(RA), by serving people with a large bucket of water, would
strengthen Islam more than any of his predecessors. Indeed, it is undoubtedly true
that Umar’s(RA) rule saw Islam expand right across the Middle East. He also
ushered in a period of governance based upon virtue, piety and wisdom. He was
the first Muslim ruler to bear the title Amīr al-Mu’minīn (Commander of the
Believers).

As a leading companion, Umar (RA) is unsurpassed by any other contributor to


Islamic civilization. His wisdom and foresight, his guidance and just rule, his
integrity and sincerity in spreading Islamic teachings, render him one of the most
prominent architects of Islamic civilization. To give some examples of his specific
contributions, it was upon his suggestion and in consultation with the Caliph Abū
Bakr (RA) that the Qur’an was finally compiled into a complete volume. During his
own rule, Umar (RA) established the city of Prophet, Madinah, as the centre of
fatwā (legal verdicts and opinions) and fiqh (Islamic jurisprudence). He kept those
companions who were known for their knowledge and legal opinions close to him
in Madinah. Leading scholars from amongst the companions were also dispatched
to other cities, in order to teach the people about Islam. For example, Umar(RA)
sent Abdullāh ibn Mas’ud, Hudhayfah ibn al-Yamān, Ammār ibn Yāsir, ‘Imrān ibn
Ḥusain and Salmān al-Fārsī to Iraq. Likewise, Mu‘ādh ibn Jabal, ‘Ubādah ibn
al-Ṣāmit, Abū al-Dardā’, Bilāl ibn Rabāh and others went to Syria, where they
established Homs, Damascus and Palestine as top centers of learning. Umar (RA)
would often communicate with them and supervise their legal opinions and, for
their part, they would refer issues back to him if they found them difficult to
resolve.

Umar (RA) also had direct influence over the establishment of the first prominent
schools of fiqhin Makkah, Basra, Kufa, and Syria. For example, he personally chose
and trained ‘Abdullāh ibn ‘Abbās, the future leader of the Makkan School, keeping
him in his consultative circle and grooming him as a leading mufassir(exegete of
the Qur’an). Likewise, Abū Mūsā al-Ash‘arī and Anas bin Mālik, the forerunners of
the Basran School, were both close companions of ‘Umar during their stay in
Madinah. Umar (RA) would also often send scholars to the army before it was
dispatched, in order to teach soldiers about Islam and guide them according to the

Study Notes by Aamir Mahar 3


prophetic method. He was influential in formulating the concept of qiyās(legal
analogy), often writing to his governors and judges to recommend implementing
this legal principle in cases where there was no precedence in the Qur’an and
Sunnah . In addition to these points, Umar (RA) was the first person to formally
organize the night prayers (tarāwīh) during the month of Ramadan.
Umar al-Khaṭṭāb (RA)also successfully introduced many administrative
innovations. He was, for example, the first person to introduce an Islamic calendar
based on the Arabic months, and beginning with the Prophet’s migration from
Makkah to Madinah. He also introduced the bayt al-māl(public treasury), from
which public welfare funds, stipends for the poor, and government salaries were
paid. During the era of his predecessors, there had been no need for a bayt al-māl,
as the Islamic state had been very small and wealth could be distributed
immediately. As the territorial domains of Islam spread under caliph Umar (RA),
however, the need for a more systematic method of payment developed. Notably,
under Umar’s (RA) government, stipends were also given to poor non-Muslim
citizens.

Umar (RA) also established judicial courts, learning centers, and a government
department tasked with controlling markets. He introduced appropriate salaries
for judges, teachers, soldiers, public servants and governors. His fear of
misappropriation and corruption led him to open a public department for dealing
with complaints against government officials. He was the first to introduce land
taxation (kharaj) in Islamic territory. As the borders of the Islamic world spread
further, he also sought to organize it more efficiently. As such, he divided the new
empire into administrative divisions, based around cities. He also established new
cities, and provided incentives for cultivating barren land. This facilitated the
rebuilding of societies beyond the major cities and enhanced the state’s general
economic condition.

Caliph Umar (RA)was also the first Muslim ruler to dig canals, notably between the
Tigris River and the city of Basra. These were designed to provide cities with water
for both drinking and irrigation. Bridges, roads and highways were likewise
constructed under Umar (RA). One of the fundamental rights, Umar (RA) ensured
for his subjects was their freedom of expression. In his first address as Caliph, he
stressed the right of the people to criticize him and, if necessary, unseat him should
he deviate from the right path. Indeed, he was once questioned by a layman about
a piece of cloth, he had used to stitch his dress; the layman had noticed that it was
longer than the shares of cloth other people had received. Umar’s (RA) son,
Abdullāh, then stood up and informed the group that he had added his share to his
father’s because, as Umar (RA) was a tall person, he required some extra cloth to
make his dress. On another occasion, Umar (RA) expressed his interest in fixing
the dower for women at the time of their marriages. In response, a lady stood up
and raised her voice against Umar’s (RA) concern, reminding him that Allah had
not fixed the dower, even if it be given in bulk. Umar (RA) accepted the lady’s
opinion, thanking her for correcting him.

After returning from the Hajj in the year 23/644, Caliph Umar (RA) was stabbed by

Study Notes by Aamir Mahar 4


a Magian named Abū Lū‘lū‘ah during the dawn (fajr) prayers. Abū Lū‘lū‘ah stabbed
Umar (RA) in the back, until he fell down bleeding. As he began to lose
consciousness, Umar al-Khaṭṭāb(RA) called for ‘Uthmān, ‘Alī (RA), Ṭalhah (RA),
Zubayr (RA), ‘Abdur-Raḥmān bin ‘Awf(RA) and Sa’d ibn Abī Waqqās (RA). He
granted them the authority to consult Muslims and nominate a ruler from amongst
themselves. The outstanding man and caliph of Islam breathed his last on
Wednesday, the 26th day of Dhul-Hijjah, that is the day when world lost one of its
great leaders and a pioneering architect of civilizational reform.

Governance in Islam (Nilofar Ahmed)


Every state has to work out its own rules for good governance, according to the
needs of the times. But there are certain fundamental rules and principles, laid
down by the Prophet of Islam (PBUH), which can be incorporated into any book of
ethics, or even a constitution, anywhere in the world. They give us some of the
basic bricks of the foundation on which to build society. A careful reading of the
documents and political arrangements of the time of the Prophet, such as the pact
of Madina (623 CE), the peace of Hudaibiya (628 CE), the sermon at the conquest
of Makkah (630 CE) and the last sermon (632 CE) addressed to Haj pilgrims, bring
out some salient points. They spell out the basic values that should be acquired,
concepts that should be understood, examples that should be followed, precedents
that should be emulated and principles that should be developed to suit our times.

Firstly, the Prophet did away with the concept of the divine power of kings and
rulers and the belief that they could do no wrong. This meant rejection of
dictatorship and preference for democratic practices. He considered the ruler to be
the khalifa, or deputy of God on earth, elected to carry out the will of God. It was a
position of responsibility towards God and His creation, humanity and nature. This
concept allowed even a poor old woman to challenge the khalifa in Hazrat Umar’s
time, and for the khalifa to be humble and sincere enough to retract his own
suggestion.

The bai’at, or oath of allegiance, taken at the hand of the leader whom one would
like to lead, was conducted by the Prophet. Women had as much right to give their
vote of assent as did the men (60:12). It was only subsequently that Muslims
turned to kingship and dynastic political set-ups. The Prophet taught coexistence
with followers of other faiths. According to the pact of Madina, he united the
various tribes of religious groups: Muslims, Jews and Christians into a single
community, the ummah. The political rights and duties of non-Muslims were
declared to be equal to those of Muslims at Hudaibiya. The Prophet introduced
moral values into politics. Those who took up an official post were not supposed to
do so for self-aggrandisement, or looting and filling their own coffers with public
money, but to do an honest job and to serve the public in all spheres which needed
attention.

The provision of justice was institutionalised. Seeking or meting out justice,


instead of being the prerogative of the victim, his family or his tribe, became the

Study Notes by Aamir Mahar 5


collective duty of the Ummah or the state. It was also stipulated that the criminal
alone would be responsible for his crime. Consequently, unbridled revenge was
controlled, laws were codified and a basic judicial system was developed in which
no favouritism was tolerated.

It was agreed that the whole community would unite against anyone who spread
injustice, enmity, sin or corruption. Everyone would be obliged to keep their word
and also to protect anyone who was attacked and to cooperate in any pacts made
collectively. Today, since the most powerful are the most corrupt, people are afraid
to stand up for a good cause. But if people could unite, the corrupt could be turned
into the weak and the honest would become powerful.

Contrary to the orthodox view, the concept of social insurance was introduced by
the Prophet. If a person was caught in a difficult situation due to having to pay
ransom or blood money, his tribe was made to pool resources and come to his
rescue. Today, this concept can be broadened to cover health, accident and other
unforeseen circumstances from which it becomes impossible for people of modest
means to recover. A concern was shown for the weak. The poor and the
marginalised were given the same rights as others: if they gave protection to
anyone they wished, the whole community would have to honour their word.
Accordingly, today, a poor person would be able to stand for election, acquire an
important post and get justice when wronged, even against the most influential
and the powerful.

No individual or group had the right to start a defensive war, or jihad, without the
permission of the head of state, who would have to be a righteous person, aware of
all the rules and conditions which govern the concept of jihad. Equality was
emphasised. It was agreed that the criterion for honour would not be colour, caste,
gender or tribe, but piety or God-consciousness: “O people, indeed, We have
created you from a male and a female and made you nations and tribes so that you
would recognise each other. Indeed, the most honourable of you, in the sight of
God, is the most God-conscious” (49:13). In secular terms, piety could be
interpreted as the spotlessness of a person’s character, in personal as well as
public life.

The Madina pact gave the people a new perspective on unified culture and dealings
with people outside their own family, religion or tribe. The needs of every class
and individual, with regard to justice, peace, tolerance, freedom, including freedom
of religion, were met. Modern-day Muslims have strayed from these ideals. There is
a need for citizens, as well as aspiring young politicians, to examine these values
and to try to include them in the laws; to inculcate and practise them in everyday
collective life.

Accountability in Islam (Sidrah Unis)


Islam is a multifaceted religion where awareness of Divine rights has been given
on the one hand and a functional network of an Islamic state has been laid down

Study Notes by Aamir Mahar 6


on the other. It not only expounds a comprehensive system for effective
management of state affairs, but has also conceptualized accountability of the state
authorities in order to keep the holders of power under effective check.
The very essence of an Islamic state is that sovereignty belongs to God: “Blessed is
He in Whose hand is the Sovereignty, and He is Possessor of power over all things”.
(67:01). The sovereignty exercised by the rulers in an Islamic state is a sacred
trust bestowed on them by God: “Then We appointed you viceroys in the land after
them that We might see how you behave”. (10: 14). The rulers on earth are to
practise and implement the commands of Allah which have been laid down in the
Quran, thus the Book of Guidance serves as a workable constitution for running an
Islamic state: “And this Quran is not such as could be forged by those besides Allah,
but it is a confirmation of that which was before it and a clear exposition of that
which is decreed for mankind, there is no doubt in it, from the Lord of the worlds”.
(10: 37).
The primary focus of an Islamic state is the promotion and endorsement of the
religion (Islam). At the same time it is concerned and operates to provide safety
and protection to those who come under its governance. It looks after the welfare
of the people and also creates a sound social fabric where a healthy intellectual,
economic, and family life of individuals is developed, encouraged, and
safeguarded.
As all the affairs of an Islamic state must be transacted by counsel, the ruler of the
state is also appointed through consultation: “And those who respond to their
Lord and keep up prayer, and whose affairs are (decided) by counsel among
themselves ...” (42: 38). The most important example is the appointment of Caliph
Abu Bakr, the first of the Pious Caliphs, by conducting ijma or mutual consultation.
And once appointed, the ruler is to manage all affairs by consulting those around
him. And those who give advice are required to do so conscientiously and
judiciously, or refrain from giving the same. The public is also under an obligation
to give sincere and beneficial advice to the ruler. It is important to note that
obedience to a ruler is contingent on his imposition and enforcement of Islamic
principles. Where a ruler deviates from the right path, he is no longer entitled to
obedience by people. In other words, if a government fulfils the requirements
imposed by the Quran and the Sunnah, its claim to the allegiance of people
becomes absolute. The Prophet (PBUH) said: “A Muslim has to listen to and obey
(the order of his ruler), whether he likes it or not, as long as his orders do not
involve disobedience (to Allah). But if an act of disobedience (to Allah) is imposed,
one should not listen to it or obey it”.
From the above-mentioned principles it follows that people are duty bound to
supervise the activities of the government, to give their consent to right actions,
and to withdraw it whenever the government deviates from the right path. It also
becomes evident that the accountability of the ruler of an Islamic state is twofold:
(1) he is answerable to God, as power bestowed on him by God is a sacred trust;
and (2) to people who are his subjects.

Study Notes by Aamir Mahar 7


The rules and precedents set by the Prophet (PBUH), in accordance with the
teachings of the Quran, regarding accountability of government, were also
observed and further elaborated by his successors. People would openly question
the Pious Caliphs about the various actions and measures taken by them. The
Caliphs, considering themselves answerable to people, would then explain their
conduct in question. There are even instances where upon valid objection by
certain people the Caliphs withdrew their orders and instructions. Unlike the
western legal systems, in Islam, there is no room for the authorities to be immune
from the law. Even the head of an Islamic state may be challenged, in both official
and private capacity, in the court.
Where the ruler is the custodian of public property and their interests, the judge is
the custodian of the law and responsible for implementing the same. The office of
judge is independent of all executive control and he can exercise his authority
without any form of interference from influential quarters. He decides all disputes
in the light of the Quran and the Sunnah: “So judge between them by that which
Allah has revealed ....” (5: 49).
Further, a judge is required to be impartial and decide on the merits of the case
uninfluenced by external strains be they of kith and kin, caste or creed, the status
of the parties, or monetary benefits: “O you who believe! Be maintainers of justice,
bearers of witness for Allah, even though it be against yourselves or (your)
parents or (your) near relatives, whether (the case be of) a rich man or a poor
man ...” (4: 135)
The following statement of the Prophet (PBUH), which he made while deciding the
case of a noble woman who had committed theft illustrates the same: “Verily those
who were before you were destroyed because when a noble man from among
them committed theft, they passed no sentence on him. By Allah, had Fatima, the
daughter of Muhammad, committed theft, I would have cut off her hand”.
It is given in the Quran: “Surely We have revealed the Book to thee with truth that
thou may judge between people by means of what Allah has taught thee. And be
not one pleading the cause of the dishonest”. (4: 105). It is agreed that the occasion
of the revelation of this verse was a dispute between a Jew and a Muslim, in which
the Prophet (PBUH) decided against the Muslim. The Muslim, supported by his
tribe, had falsely accused the Jew of theft. At a time when help was sorely needed
for the defence of Islam, a verdict against a man supported by his tribe meant a
loss of alliance with that tribe. But such considerations carried no weight with the
Prophet (PBUH) who cleared the Jew of all the charges.
Thus, the verse lays down that justice is above all other considerations. The
Prophet (PBUH) once said: “Judges are of three types, one of whom will go to
Paradise and two to Hell. The one who will go to Paradise is a man who knows
what is right and gives judgment accordingly; but a man who knows what is right
and acts tyrannically in his judgement will go to Hell; and a man who gives
judgement for people when he is ignorant will go to Hell”.

Study Notes by Aamir Mahar 8


The Quran and the Sunnah define the main responsibilities of a judge. The Pious
Caliphs issued detailed instructions about the qualification, appointment, and
conduct of judges. Letters written by Caliph Ali to his governors regarding the
administration of justice in their territories thoroughly explain who should be a
judge and what should be the conduct of a judge. Caliph Umar’s case is an example
of how unsuitable judicial behaviour must be dealt with. He once had a lawsuit
against a Jew. When both parties went before the judge, the latter rose in his seat
out of deference to Umar who looked upon the act as an unpardonable judicial
weakness.
Thus, in an Islamic state all state-organs are subject to the law and are accountable
for their actions. The Creator, well aware of the weaknesses of mortals, has laid
down effective checks to be imposed on those who exercise power.

Islam & modern sensibility


‘COMPATIBLE’ means something that is capable of existing or performing in a
harmonious, agreeable and congenial combination with something else. Muslims
today are confused about the compatibility of their religion with modern values
and trends.The confusion has been further aided by the intolerant and stubborn
attitude and behaviour of some Muslims that has cast a shadow on the essence of
their religion. The situation has encouraged anti-Islamic forces to point their guns
at Islam and tell the world that it is an outdated and impractical way of life.
The state of Muslims, good, bad or indifferent, is one thing and success or failure of
Islam quite another. The truths represented by Islam are as old as creation itself.
These truthful values began forging their way gradually on their onward march.
Different people in different periods of history owned them and reaped a happy
and hefty harvest.

Islam as an ideology and way of life (deen) is an ongoing organic process that will
keep on germinating with fresh fruits, but for a new crop, properly guided efforts
based on modern knowledge and in line with Quranic values are necessary. This
paradigm is missing in the Muslims of today. Lack of knowledge and years of
indoctrination have led to religious intolerance and bigotry, something that Islam
vehemently opposes. Islam is definitely compatible with the ongoing process of
time if its core values of justice, tolerance, morality, honesty and accountability are
promoted and practised. Islam in the modern perspective should not be judged by
institutions that encourage fanaticism but by its insistence on the higher ideals of
human dignity and equality.

If Muslims shun internecine antagonism and devote their energies to the system
laid down in the Quran, no new laws are needed. According to Sarojini Naidu
(address to Young Men Muslims Association, Madras, 1917), “Islam is the first
religion that preached and practised democracy, for in the mosque the democracy
of Islam is practised five times every day.” The new world order which no one
understands has pitched the West and non-Muslim powers against the so-called
barbarian Muslims. The underdeveloped Muslim countries with a large population
are confused about the new concepts of the modern age like progress, freedom,

Study Notes by Aamir Mahar 9


democracy, development and gender equality. They have started feeling that
perhaps Islam is not compatible with these new thinking tools.

The Islamic values are definitely not aligned to support the corporate culture
whose motto is maximisation of wealth at all cost. The Quran points out that its
teachings are for all times and that God has created man and has set up the balance
in order that we may not transgress this balance. It asks us to establish weight
with justice and not fall short in balance (55:1-9). Plundering the resources of the
world and depriving others lead to an imbalance that is being perpetrated by the
developed countries on the poor and underdeveloped countries of the world in the
name of peace and prosperity.
The Quran is against such practices as they disturb man’s happy relationship with
nature. Here too we see Islam’s prescription for a happy world order. This problem
and confusion lie in defining modern values and their utility. They may be
beneficial to those who have canonised these values and trends. At the same time,
they are confusing and illogical to those who have suffered as passive recipients of
western economic colonialism now reigning supreme.

Islam negates the annihilation of the weak. Even the West’s reliance on pure
reason is now termed waywardness by many scholars, and has been a complete
mess. Scientific knowledge has increased the quality and span of life, but to what
use? There are more suicides now than ever before. It is not a matter of Islam
being compatible with modern trends, but going a step further, modern trends
have to prove their compatibility with their own values and only then a true
realisation of Islamic values will come to the fore. The West itself is so confused
with its own new age metaphysics that many there are talking of the impending
end of the world. How can they question or blame Islam for ills of the modern
times when they themselves are locked between free will and determinism and
have slipped into a moral dark age?

Can Islam be modernised? This is the question that confuses people all over the
world. The answer to this needs a valid re-interpretation of Islam as a potential
force to harmonise society. The traditional practices of cultural Islam and the true
teachings of the divine message have to be treated differently. The embargo on
freedom of thought and control on violent suppression of free thinking must go.
The following dictates of the Quran are conducive to a better future for all times:
Muslims will conduct their affairs through mutual consultation (42:38) and equal
human dignity (17:70). They will establish justice in the land (5:8). They will stop
mischief on earth because God does not like mischief (2:205). They will work for
the unity of mankind (2:213). Their main objective is to work for the welfare of
mankind (3:110), gender equality (4:32), superiority by character only (49:13),
rule of law and not of individuals (3:79), and freedom of religion (22:40) and
expression (2:42).

The western powers are adamant in propagating every un-Islamic act of ignorant
Muslims as Islamic and are not willing to let Muslim intellectuals and scholars

Study Notes by Aamir Mahar 10


present the true Quranic Islam lest their own followers change loyalties and follow
these universal values.

‘Clash of Civilisations, women and democracy’ (Syed Ishrat)


To understand different civilizations, we need to understand the fault lines that
could lead to conflict. We are dealing not with a clash between civilizations but
rather with a clash within a civilization. The fundamental ethos of Islam is
tolerance, dialogue, and democracy. Just as in Christianity and Judaism, we must
constantly be on guard for those who will exploit and manipulate the Holy Book
for their own narrow political ends, who will distort the essence of pluralism and
tolerance for their own extremist agendas. The ethos of Islam is equality, equality
between the sexes. On that point, there is no religion on earth that in its writing
and teachings, is more respectful of the role of women in society than Islam.

The most vital battle for the hearts and souls for the generation of Muslim leaders,
and for the Muslims around the world, is not a battle with the West. The debate is
between different interpretations of Islam, different visions for the Muslim
Ummah. It is the value of tolerance that will be the determining factor between the
forces of extremism and the forces of moderation, between the forces of
dictatorship and the forces of democracy, between fanaticism and education,
between pluralism and bigotry, between gender equality and gender subservience,
between inflexible traditionalism and adaptable modernity. The real clash within
and outside Islam is a struggle between the past and the future. It is the resolution
of this struggle that will determine the direction not only of the relationship
between Islam and the West but of international relations in this century. Without
further delay, to move away from the chain and cycle of poverty, extremism,
dictatorship, and terrorism, we need to move towards true reconciliation.

The internal friction within the Muslim world is not merely over theology. The
actual fight is not over the succession to the Holy Prophet that divides the Shiite
and Sunni communities. It is certainly not about the language of the Holy Quran. It
is not really about the interpretations of Sharia. The extremism and militancy of
Muslim-on-Muslim violence is a long battle for the spirit and soul of the future, and
not only of a religion but also of the one billion people who practice it.

If the world is to prevent a clash of civilizations, the way must be to promote the
building blocks of democracy in the Islamic world. One prescription for peace is
for democratic countries to promote democratic elections and democratic
governance. Islamic nations must be assisted to create and sustain democratic
infrastructure; by encouraging, supporting, and protecting a free press; by
assisting in parliamentary and constitutional reforms; by helping to insulate an
independent and autonomous judiciary from political manipulation; and by not
rewarding military dictatorships but helping to equip militaries that accept the
sovereignty of constitutional authority.

Study Notes by Aamir Mahar 11


The first key is to establish an educational system that allows children to rise to a
higher social and economic status than their parents, an educational system that
delivers hope and real opportunity is a prerequisite for democracy. Good public
educational opportunity is the key to the economic and political progress of
countries, and it can be so in the Islamic world as well. Establishing a strong,
compulsory educational system requires two key elements, public education for
all citizens, and both sexes. Only one needs more than will to make it a priority.
One also must possess the means. It is all important that budgets for Muslim
countries be prioritized by social need, not outdated political or military history.

Women’s groups can serve as the backbone of civil societies around the world.
Special attention should be paid to organizing women as political, social, and
economic players in each respective society. This is particularly true for the
Islamic world, in which women often face subjugation. This subjugation has come
not from the message of Islam, which proclaims the equality of human races and
women, but from narrow interpretations of Sharia that deliberately promote
subjugation and from political exploitation by ideological clerics. The denial of
education that the Taliban practiced has no foundation in Islamic law. The
exploitation of women has had a devastating ripple effect across Islamic society
and across Islamic generations. Political reform, social reform, and economic
reform for women are linked; one cannot proceed without the other. Women in
Islamic society can function as a catalyst for reforms across the political, electoral,
and government sectors. To effectuate this change, women must be organized.
Thus it is critical that women’s groups expand and that women’s groups
throughout Muslim societies join in concert to seek common changes in their
societies. Some international Islamic women’s groups do already exist, merely
they are relatively weak and unfunded.

The most vital battle for the hearts and souls for the generation of Muslim leaders, and
for the Muslims around the world, is not a battle with the West. The debate is between
different interpretations of Islam, different visions for the Muslim Ummah.

Democracies do not spring up fully developed overnight, nor is there necessarily a


shining line between democratic governance and autocracy. True democracy is
determined not only by elections but by the democratic governance that should
follow. The most critical elements of democratic governance go beyond just free
and fair elections to the protection of political rights for those in political
opposition, the open function of a civil society and free press, and an independent
judiciary. More typical, democracy can be understood on a continuum. Civil society
and democratic institutions such as political parties and NGOs tend to grow slowly
over time, one critical step at a time. The electoral process is democratic, but that’s
where democracy ends. What follows is tantamount to one-party dictatorial rule.
This is the opposite of true democratic governance, which is predicated on shared
constitutional power and responsibility. And because democratic governance rests
on a continuum of experience, the length of that experience is directly related to
the sustainability of democratic governance itself.

Study Notes by Aamir Mahar 12


The world would be a really different place if the West had made a similar
commitment to building the economic and democratic political infrastructure of
the Muslim world instead of frequently draining its material and human resources
and thwarting the growth of democratic values. Hunger breeds extremism.
Hopelessness breeds extremism. Despair breeds extremism. Opportunity makes
democracy thrive. A regime that addresses the human needs of its people is given
the benefit of the doubt. A government that successfully addresses the daily needs
and concerns of its people is likely to be given the necessary political support and
the time to grow democratic structures. Masses who are deprived are impatient,
and that impatience is often radicalizing.

Nations with Islamic majorities may greatly benefit from assistance from the West
to make the necessary advancement of social and economic development that will
sustain progress on political development, although ultimately the responsibility
rests within the Islamic world.

The building blocks of democracy, the infrastructure of democracy, are what, in


the long run, will sustain democracy. Strengthening the institutions will give
democracy a chance to succeed in all societies and especially in Islamic societies.

The longer democratic governance is maintained, the stronger the democratic


system turns. Promoting democracy promotes peace. Competitive political parties
and functioning NGOs promote peace. A free press and an independent judiciary
promote peace. A civilian-controlled military promotes peace.

Significance of Ijtehad (Syed Imad-ud-Din Asad)


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

Study Notes by Aamir Mahar 13


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

Study Notes by Aamir Mahar 14


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.

Significance of Sunnah (Sidrah Unis)


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

Study Notes by Aamir Mahar 15


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

Study Notes by Aamir Mahar 16


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.’

Sources of Islamic law (Haider Zaman)


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.

Study Notes by Aamir Mahar 17


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,

Study Notes by Aamir Mahar 18


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.

Study Notes by Aamir Mahar 19


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.

Spirit of gratitude to God (Khalid Durrani)


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

Study Notes by Aamir Mahar 20


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.

Study Notes by Aamir Mahar 21


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:

Study Notes by Aamir Mahar 22


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."

Spirit of Islamic justice (Prof. Mohammed Rafi)


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.

Study Notes by Aamir Mahar 23


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

Study Notes by Aamir Mahar 24


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.

Study Notes by Aamir Mahar 25


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.

Is ijtihad (reinterpretation of Sharia laws) a closed deal?


It is suggested that the doors of ijtihad that were closed after the sack of Baghdad
in the year 1258 must be reopened. It must be pointed out here that there is no
church in Islam; thus, there is no single authority which can issue its diktats to
keep the practice of ijtihad closed or to reopen it. When Ibn Taymiyyah issued the
fatwa on jihad after the sack of Baghdad he went against his Hanbali school and
gave the fatwa based on his own authority. The Hanbali school requires
submission to the ruling authorities.

Let us also point out that ijtihad has been part and parcel of the process of
lawmaking in Islam. The root meaning of ijtihad (derived from jahada) is to strive,
to make an effort. Ijtihad is the process whereby a scholar makes his utmost
intellectual effort to understand a new phenomenon and find a solution to it that is
acceptable to Islam.

Technically, ijtihad was first applied by Maadh bin Jabal, who was appointed as the
governor of Yemen by the Prophet (PBUH) of Islam. When asked how he would
govern when he did not find a clear ruling in the Quran or the Sunnah, he said “Ana

Study Notes by Aamir Mahar 26


ajtahidu”, i.e. “I will strive” (to understand the problem myself and find a way out).
The Holy Prophet approved of this reasoning.

All great imams and founders of different schools of Islamic law practised ijtihad to
arrive at solutions of various problems they confronted in their own time. The
word fiqh, which is often used for Islamic jurisprudence, also means to know,
understand and comprehend. Hence fiqh became an integral part of Islamic
jurisprudence; experts of Islamic law are referred to as faqih.

The process of lawmaking in Islam has been most dynamic and spread over nearly
six centuries. It represents one of the greatest lawmaking ventures in human
history. When Islam spread to non-Arab cultures in Asia and Africa, the ulema
were faced with new problems and often baffling challenges. They exerted
themselves intellectually and tried to find solutions in the light of Quranic
pronouncements and values and the sunnah of the Prophet. They also invented
useful tools like qiyas (analogical reasoning) and ijma, i.e. consensus among
experts.

Why were these tools necessary? Because often the ulema could not find solutions
directly in the Quran and the Sunnah to the problems that arose in their respective
times. The process of lawmaking had begun right in the beginning when conquests
brought Muslims face to face with new problems and varying social practices. Thus,
the dynamic spirit of Islamic law was suffused in the very process.

It never ignored objective conditions and new situations that arose from time to
time in societies that were not Bedouin and tribal (in which Islam was born). The
stagnation in the process of ijtihad was not because of the sack of Baghdad but a
result of stagnation in Muslim societies after the sack.

A new process of change began again during colonisation of Muslim lands when
Islamic thinkers came, once again, face to face with modernity. Modernity posed
new challenges before them and many great Islamic thinkers rose to the occasion
and began to reformulate specific injunctions.

There were shining examples of brilliant thinkers, like Muhammad Abduh who
rose to be the grand mufti of Egypt. He issued a series of new fatwas on postal
saving interests, a fatwa for South African Muslims allowing them to eat meat of
permissible animals slaughtered by Christians, the necessity for modern education
and so on. He was one of the most dynamic thinkers of the 19th-20th century.
Rashid Raza, his disciple, though not as bold, continued his work.

Sir Syed Ahmed Khan (and his team) in India also did commendable work during
the 19th century. His commentary on the Quran is a seminal contribution and
represents the dynamic spirit of ijtihad and fresh theological thinking. But
unfortunately he had to discontinue writing after facing stiff opposition from
conservative ulema. What we have of his commentary (which was not available
earlier) has been republished by the Khudabakhsh Library, Patna, in two volumes.

Study Notes by Aamir Mahar 27


Sir Syed's work was continued by great scholars like Maulvi Mumtaz Ali Khan,
Maulvi Chiragh Ali and several others who once again infused a dynamic spirit in
Islamic law. So what is needed today is solid scholarship and intellectual courage
to break the stagnation of Islamic law instead of lamenting that ijtihad is a closed
deal. It is not; it must be undertaken to address the many new issues Muslim
societies are facing today.

Asghar Ali is an Islamic scholar who also heads the Centre for Study of Secularism
& Society, Mumbai.
Accountable rule (Nikhat Sattar).
The Objectives Resolution passed in 1949 by the Constituent Assembly of Pakistan
made Islam the religion of the Pakistani state. Further, it is mandatory for all
governments to pass laws that are not repugnant to religious injunctions. This has
been a cause of much debate and, probably, of the increasing power of religious
groups who bring people out on the streets any time they figure that their version
of Sharia has been violated. Few recognise that states do not possess religions and
there is no shared understanding of the Sharia among any two Muslims, let alone
the diverse sects in the country.

As scholars argue about beards and hijabs, polygamy and slavery and domestic
violence, little attention is paid to the level of accountability each member of
society has towards the people she or he serves. Everyone has rights and
obligations that must be fulfilled if basic Islamic values are to be followed. Without
this, no number of religious rituals can be accepted by God.
Above all, rulers who have been given the responsibility to look after the
socioeconomic development of a nation carry the responsibility of the greatest
accountability to the people they serve.

The Quran considers corruption one of the worst abuses against society.

As stated in the Quran: “And O My people, give full measure and weight in justice
and do not deprive the people of their due and do not commit abuse on the earth,
spreading corruption” (11:85).

The Quran considers corruption and wrongdoing to be one of the worst abuses
against society. The higher the status of the person committing such actions, the
more severe the accountability. There are rulers who have justified almost every
benefit they accrue either because of their position or because of what they
consider their personal creativity. Islam encourages development of personal
wealth, they claim. If they are rich and prosperous, their religion and God gives
them blessings. What they fail to realise is that the Quran warns against the
hoarding of wealth, especially if other people are suffering from poverty, lack of
education and basic facilities.

Study Notes by Aamir Mahar 28


Hazrat Sulaiman, one of the greatest kings of all time, had control over a vast
empire. His wealth and power spread over a vast area, but his people enjoyed the
benefits of this development. A ruler who enjoys the best of comfort and luxury
while the people he is supposed to be governing suffer hunger, death and
oppression will have much to answer for in the court of God.

As stated in the hadith: “Any man whom Allah has given the authority of ruling
some people and he does not look after them in an honest manner, will never feel
even the smell of Paradise” (Sahih Muslim — Volume 9, Book 89, Number 264).
One of the best Muslim rulers was the second caliph of Islam, Hazrat Umar, who set
in place a system of governance that forms the basis of what we call good
governance today. He established a special department for the investigation of
complaints against government officials. Complaints could be made against any of
his officers without fear of repercussions, and nepotism and bribery were
unknown.

None of his officials were allowed to benefit from any business dealings whilst
being in a position of power. They were eligible only for their salaries. A governor,
Al Harith ibn K’ab ibn Wahb, was found to have extra money beyond his salary and
Umar inquired about this. Al Harith replied that he had some money which he used
for trading. Hazrat Umar said: “By Allah, we did not send you to engage in trade!”
and took away the profits from him.

Hazrat Umar walked the streets of Madina to see if any of his people were in need.
One night, he found a woman boiling water with stones in a pan, hoping that her
hungry children would be lulled into thinking that food would be ready soon and
fall asleep. Not knowing that the man inquiring after their welfare was their emir,
she complained bitterly about him.

He returned on foot, carrying bags of grain on his own back, refusing to pass on the
burden to his companion. He vowed to feel the weight for being negligent towards
his people. Compare this to the responses of our governments to the deaths of
children in Thar.

People who have authority in a state are either the government officials or
religious scholars who can move people for or against any situation. If these two
are upright, so will be the people; if they are corrupt, the whole society will be
corrupt. We have only to look at ourselves and around us to observe the
contamination of our collective and individual souls which we justify by saying
that our leaders are doing the same. If we are not to be damned, we must do
something about this collectively.

Human rights in Islam


In their greed for unlimited power, ancient rulers came up with the concept of the
divine right of kings so that the king was a ‘god’ or a shahinshah or raja were either

Study Notes by Aamir Mahar 29


the shadow of God on earth (zille ilahi) or his incarnation (avatar), thus exercising
material as well as spiritual power. This concept took away all power and dignity
from ordinary citizens.

In his book, Quran aur Insani Huquq (‘The Quran and Human Rights’), Muhammad
Akhtar Muslim writes that in the western narration of history, the concept of basic
human rights is traced to 500BC Greece, then to the falling in 500CE of the Roman
Empire, and suddenly to 1100CE, thus ignoring the intervening 600 years
comprising the rise of Islam.

It can safely be said that the modern western movement for recognising human
rights started from 1100 CE in Britain and reached its fruition with the 1948 UN
Charter of Human Rights. Prophet Muhammad (PBUH) and the Quran revealed to
him introduced a new concept of human rights in the sixth century CE. He is
reported to have said the ‘the whole of creation is the family of God. The better a
person treats this family, the higher he is held in God’s esteem’. (Mishkat) The
Prophet’s landmark sermons and agreements uphold human rights. He was part of
the agreement called Hilf al-Fudhul at a very young age. Made in 586 CE, 26 years
before the announcement of his prophethood, its purpose was to establish peace
and to support the rights of the downtrodden. The activists of this group would,
against all tribal traditions, protect the persecuted, including strangers to the place,
and strive for peace and economic equality. These qualities made people recognise
him as a prophet later. The clauses of the oath taken by the knights of Europe
centuries later were somewhat similar to the clauses of the Hilf al-Fudhul, which is
said to be the first document in written history concerned with human rights.

The Mesaq-i-Madina of 623 CE, (1 AH), comprising 52 clauses, was drawn up to do


away with the chaos of tribal society and introduce the concept of a state. An effort
was made to establish peace, remove biases and create justice, freedom, freedom
of religion, a classless society, rules for coexistence with non-believers and to
uphold the dignity of human beings. Dr Hamidullah calls it, ‘The first written
constitution of the world’. The Prophet introduced moral and ethical elements to
politics and declared that real sovereignty belonged to God alone. The ruler under
the system would have to be a democratically elected representative responsible
for benefiting all in a welfare state.

In 630 CE, the Prophet conquered Makkah, along with his Companions, without
any resistance. The Makkans were afraid of revenge but the Prophet declared a
general amnesty and gave a short sermon declaring all human beings equal. He
said, “Today God has … forbidden the concept of superiority on the basis of family
heritage. All human beings were created from Adam and Adam was created from
dust.” He also recited from Surah Al Hujrat: “O people, indeed, We have created you
from a male and a female and made you nations and tribes so that you would
recognise each other. Indeed, the most honourable of you, in the sight of God, is the
most God-conscious” (49: 13). This verse also establishes the basis for the full
human rights of women.

Study Notes by Aamir Mahar 30


In 632 CE, the Prophet performed the only Haj of his lifetime. In his sermon known
as the Khutba Hajjatul Vidah, he said, “No Arab is superior to a non-Arab and
neither is a non-Arab superior to an Arab. No black is superior to a white and
neither is a white superior to a black. If there is any measure for superiority it is
piety.…”

He asked his followers to take good care of their slaves. The Quran and the
Prophet’s example would gradually eliminate slavery. In future no one would be
allowed to make a biased will in favour of an heir, because God has given everyone
his due share. He made it clear that the criminal alone will be responsible for his
deeds and asked men to be kind to women.

In ancient China, India, Greece, Rome, Persia and Europe women had no religious,
moral or legal rights or identity. There was even discussion whether women
possessed a soul. The suffragist movement for women’s right to vote started in
Europe in 1848 CE. It was granted in some countries as late as 1971.

The Quran gave women the right to vote in the seventh century. The bai’ah or the
oath of allegiance to a leader was the vote of that time. In Surah Al-Mumtahenah
the Prophet is asked to take the oath from women when he was satisfied with their
faith (60:12). This oath was taken, or the vote was cast by women, independently
of their men.

It is for Muslims to revert to the egalitarian model set up by the Prophet; all the
agreements he ever made were based on the concept of human rights that form
the basis of the social rights of citizens. All prejudices of colour, caste and tribe
were done away with. The Prophet emphasised the values of peace, liberty,
equality and fraternity like none before him.

Study Notes by Aamir Mahar


www.facebook.com/CSSExamPoint
www.facebook.com/CSSExamPrep

Study Notes by Aamir Mahar 31


Part Two
Defining the Islamic state (Haider Zaman)
The Holy Quran provides a clear pointer to the notion of a Muslim state with a clear
character for those in power in such a state when it says "(They are) those who,
when We give them power in the land, establish regular prayers, and give regular
charity and enjoin what is right and forbid what is wrong" (22:41).

The reference to the power in the land does imply the establishment of a state. The
existence of power without a state can be meaningless and may rather lead to
disorder and chaos. It is true that some of that which is right can be promoted and
some of that which is wrong can be forbidden through preaching, counselling and
exemplifying i.e., by setting examples.

But doing some of the right things can be more appropriately enjoined and some of
the wrong things can be effectively forbidden through the machinery of state only.
Any attempt other than through the machinery of state may result in chaos.

Thus, there can be a Muslim state with the majority of its citizens being Muslims and
forming part of the Muslim ummah, and at the same time be identified as a nation
with a different name along with all other inhabitants of that state.

The Quran does not prescribe any particular type or form of government. It means
that Allah in His Wisdom did not deem it appropriate to tie up the believers to a
particular form of government. Allah was, in fact, well aware of the changes taking
place in the social and political fields and, therefore, left the choice with the believers
to exercise in accordance with the requirements of the time. The Quran, however,
provides some definite guidance in regard to who could be the persons who should
discharge the responsibilities of the state and how these responsibilities are to be
discharged.

For example, it says: "Lo! Allah enjoins you to give trusts into the care of those who
are worthy of trust and to judge with justice when you judge between the people"
(4:58). The word "trusts" in the verse is to be understood in the same way as
explained by the Prophet (PBUH) when some one asked him as to when the Day of
Judgment will come.

The Prophet said "when people start violating trusts, you should wait for the Day of
Judgment". What did that imply, the man further asked. The Prophet said, "it means
when responsibilities are entrusted to those who are not worthy of it." (Bokhari)

Responsibilities referred to in this tradition imply the responsibilities of state which


can be more appropriately equated with trusts. Likewise, when Hazrat Abu Dhar
requested the Prophet for appointment to a public office the Prophet said, "Public
office is a trust, a source of lamentation and remorse on the Day of Judgment except
for him who takes it up with full sense of responsibility and duly discharges its
Study Notes by Aamir Mahar 1
obligations" (Muslim). It means responsibilities of the state are to be entrusted to
those who are worthy of it which, according to the Quran, implies persons who are
competent, honest and trustworthy (12:55). From the above verse (4:58), it follows
that the people should have a say in choosing the persons to whom the
responsibilities of state are to be entrusted. This right was exercised in one way or
the other in the elevation of first four Caliphs.

As regards discharge of responsibilities of state, guidance in this regard is provided


in the Quranic verse which enjoined the Prophet to consult his companions in the
conduct of affairs (3:159) and another verse which treats the persons who do their
work through consultation as the persons being rightly guided (42:38).

Further indications in this regard are available in the address of Hazrat Abu Bakr
which he delivered on the assumption of the office of first Caliph. He said, "0 people,
now I am elevated as ruler over you, not the best among you. If I do good support me,
if I err, then set me right.

To tell the truth to the person commissioned to rule is faithful allegiance; to conceal
the truth and to lie is treason. In my sight, the powerful and weak are alike. By Allah,
he that is weaker among you, shall be stronger, in my sight, until I have redressed his
wrong; and he who is stronger, shall be weaker in my sight until he conforms to law
and I have taken back from him that which he has usurped". (Ibne Ishaq).

The address, among other things, emphasizes the right of the people to correct the
erring ruler through the freedom of expression and honest criticism. It also spells out
one of the main responsibilities of the ruler of a Muslim state which should be
protection of weak against the strong. Thus, the Quran not only provides a clear
pointer to the notion of a Muslim state but also guidance in terms of the people's
right to have a say in choosing its rulers and correcting the erring rulers, the
obligation of the rulers to conduct their affairs through consultation, the basic
qualifications of the rulers and a broad-based charter of their duties and obligations.

Essence of accountability
Among the entire creation of Allah, why have only the human beings been chosen for
stringent accountability and appropriate requital on the Day of Judgment? The Holy
Quran answers this question when it says, "We offered the trust to the heavens and
the earth and the mountains, but they refused to bear it and were afraid of it, but man
accepted it" (33:72).

It says again, "Had We sent this Quran upon a mountain, you would have seen it
humble itself and cleave asunder for fear of Allah" (59:21). The word "trust" in the
context of the first verse implies responsibilities of the office of Allah's vicegerent
along with the guidance and resultant accountability. This is evident from the very
Study Notes by Aamir Mahar 2
object of the creation of human beings, which, according to the Quran, was to place
them as Allah's vicegerents on earth (2:30).

As Allah's vicegerents they have to perform certain functions and discharge some
responsibilities - in a nutshell, understanding, acting upon and implementing what
Allah has ordained with the resultant accountability. This is what the word "worship"
in the context of the verse (51:56) implies. These responsibilities, according to the
verse (33:72), were offered to the heavens, the earth and the mountains but all of
them refused to accept them. It was, however, the man who accepted them.

The next verse (59:21) says that if the Quran, which, inter alia, spells out the whole
range of responsibilities of Allah's vicegerency and the necessary guidance for
discharging them in a proper way, had been sent upon the mountains they would
have shattered out of the fear of Allah. Such is the weight and awe of the burden of
responsibilities of Allah's vicegerency and its accountability.

It is, however, not that Allah placed human beings as His vicegerents on earth,
entrusting them with the responsibilities of the office and making them accountable
for the same, without support. Allah has set a principle on which He acts, and it is that
He never places such burden on them which they cannot bear (23:62). That's why
Allah has provided them all that they need to facilitate the discharge of the
responsibilities entrusted to them.

In the first instance, they have been created in the best possible form (95:4).
Secondly, they have been endowed with all the faculties necessary for discharging
their responsibilities as Allah's vicegerents. These faculties are: the ability to think, to
reason, to hear, to feel, to see, to talk, to love, to be merciful and to make a distinction
between right and wrong (16:78) (30:21) (91:8).

Thirdly, they have been provided necessary guidance, starting with Adam and ending
with Muhammad (Peace Be Upon Him) (20:123, 124) (76:3). Fourthly, whatever is on
the earth and in the heavens has been subjected to them (31:20). Fifth, Allah has
prescribed a common and the easiest possible way for seeking forgiveness for any
deviations and the wrongs done by them, namely, sincere repentance (11:90). All
these endowments have been summed up by the Quran thus "and conferred on them
special favours above a greater part of Our creation" (17:70).

At the same time, human beings have been made accountable for the responsibilities
entrusted to them. As the Quran says "Thus We shall most certainly call to account all
those to whom We sent Our Messengers and shall also ask the Messengers" (7:6). It
further says "but you shall certainly be called for your actions" (16:93).

The reason for such accountability is not the entrusting of responsibilities of the
office of Allah's vicegerency alone or the favours bestowed, but also the free will
(76:3) that human beings have along with their soul (91:7) and its three inclinations,
Study Notes by Aamir Mahar 3
namely, the inclination towards doing wrong and evil deeds (12:53), the inclination
towards repentance and self-rapprochement for wrong done (75:2) and the
inclination towards doing good and righteous deeds (89:27).

It is here that the question of accountability assumes special significance. Man has his
own will, yet he is required to submit to the Will of Allah, i.e., to discharge his
responsibilities as Allah's vicegerent in the manner ordained by Allah. He has been
provided necessary guidance about the way he has to discharge his responsibilities,
yet the soul (Nafs-i-Ammarah) impels him to deviate. Hence the need for
accountability.

Thus, if human beings have been created to act as Allah's vicegerents on earth and
endowed with all the faculties they need to discharge their responsibilities in a
befitting manner and also provided the necessary guidance, it is only just and
equitable that they have been made accountable to the responsibilities entrusted to
them. In fact, the whole scheme of placing human beings as Allah's vicegerents on
earth and guiding them to discharge their responsibilities as such would have been
meaningless without accountability and the due process of requital.

Accountability will be on an individual basis and will take place on the Day of
Judgment. As the Quran says "no bearer will bear the burden of another" (17:15). It
further says "We have fastened the augury of every man to his neck, and on the Day
of Judgment We shall bring forth a writing which he will find like an open book. (It
will be said to him) Here is your record: read it. Today you yourself suffice as a
reckoner against yourself" (17:13, 14).

About the requital, the Quran says "whoever adopts righteous ways, his righteous
conduct will be for his own good, and whoever goes astray, his deviation will bring its
consequences on himself" (17:15). It further says "but those who believe and do
righteous deeds, He will give them their due rewards and more, out of His Bounty"
(4:173). And "whoever does evil will be requited accordingly" (4:123).

Intercession will be possible but only by those who will be permitted by Allah. As the
Quran says "who is there to intercede with Him except by His own permission"
(2:255) and "no one can intercede in any manner except with His permission" (10:3).
The Quran further says that "Shirk (disbelief in the unity of Allah) is the only sin that
Allah does not forgive. He may forgive whosoever He will, other than this sin, for
whoever associates a partner with Allah does, in fact, go far astray into deviation"
(4:116). It means that all sins except disbelief in the unity of Allah are forgivable.

There can be three possible ways of forgiveness for the wrongs done. One is when a
person sincerely repents in the life of this world. The other is through intercession
subject to the conditions laid down in the above-mentioned verses. The third is when
Allah Himself forgives some one.

Study Notes by Aamir Mahar 4


According to a saying of the Prophet (Peace Be Upon Him), Allah divided mercy in a
hundred parts. He kept 99 of these with Himself, most of which He will make use of
on the Day of Judgment, and one part was sent down to earth to be distributed
among human beings and all other living creatures (Muslim). Thus making use of His
Mercy, Allah may forgive many of the wrong-doers except those who associated
partners with Him.

A model for humanity (Prof. Mohammed Rafi)


In contemporary times, people in general and Muslims in particular need to emulate
Mohammad’s (peace be upon him) humane and practical approach to life. He showed
that Islam is not a theoretical philosophy. He preached and practised a code of life, its
commandments and prohibitions, and rendered good actions and service to mankind
in all spheres of human activity.

Within a short span of time, he had successfully ushered in an era of tolerance and
liberalism and had revitalized a decadent social order. He was able to mould the
character of his fellowmen, reform them and change their thoughts, put new ideals
before them and elevate them to the higher plane of a better, harmonious life.
Subsequently, the Muslim ummah, not based on relations of blood, race, colour or
class, came into being through sheer adherence to permanent divine values.

He never compelled anyone to become a Muslim. Through his exemplary behaviour


people were drawn to him. He lived for 40 years among the people before inviting
them to Islam. It was quite difficult for them to accept a human being like them as a
nabi. He would plainly say that he was but a man like others and that he had no
treasures, nor did he claim to know the secrets of the future. The Quran testifies to
this: “Say (O Muhammad) I am only a man like yourselves” (18:110).

The Prophet always showed composure and balance while confronting the
tribulations of life. The insistent demand of the people that he should work miracles
to convince them made him despondent. He changed the attitudes and characters of
people through his behaviour. They were astonished to see his reaction towards the
citizens of Taif who had been very unkind to him. He did not curse anyone, but
prayed “may Allah guide the people of Taif”. Following the defeat at Uhud, the
companions asked him to curse the people of Makkah. He said, “I was not sent to
curse people. I was sent as an inviter to the truth and as a mercy to the people.”

Edward Gibbon (Decline and Fall of the Roman Empire) writes, “Even at the zenith of
his worldly power the good sense of Mohammad despised the pomp and royalty —
he submitted to the menial offices of the family, he kindled the fire, swept the floor,
milked the ewes and mended with his own hands his shoes and his woollen garments.
He observed the abstemious diet of an Arab and a soldier.”

How many of us claiming to be his followers practise these? His life was very simple.
Study Notes by Aamir Mahar 5
He would put on whatever kind of cloth he could get. He would eat whatever was
placed before him. He would sit wherever he could find room, whether on a mat,
carpet or the ground. He was a model family man, very loving to the children.

As a role model we must remember that he taught us to obey Allah’s commands, give
alms, speak the truth, to give back safe and whole what is entrusted to us by others,
to be affectionate to our neighbours, to shun wicked acts and to avoid bloody
quarrels. To the Christians of Najran and the adjoining areas he promised the
security of God and his own pledge. “No cross or image shall be destroyed, they shall
not be oppressed, they shall not be required to furnish provisions for the troops”
were his standing orders.

Contrary to some modern-day notions, he disliked wars and when he migrated to


Madina he brought an end to the tribal wars which had been rampant for more than a
century. He invited the followers of all faiths and advised them to unite and establish
a city-state to forge a common defence and security against all adversaries.
Surprisingly, his advice was readily accepted even by the tribes of Aws and Khazraj.

The Meesaq-e-Madina (charter) is the first constitution of the world. Today, as the
world’s population is increasing and the number of people adhering to different
faiths continues to grow, this document should be widely propagated. It stifles all
forms of priestly and clergy rule. Following this ideal, the Islamic commonwealth
included within its fold Jews, Sabians, Christians and others as citizens like the
Muslims. They were accorded religious, social and political rights through this
charter.

Today, when extremism and fanaticism have engulfed all faiths, it must be
remembered that Mohammad strictly obeyed the divine command, “Revile not those
unto whom they pray besides Allah, lest they wrongfully revile Allah through
ignorance” (6:109). But Muslims seem to have forgotten this important aspect of
Islam, and as a result, we see many bloody conflicts and the needless loss of life in the
name of Islam. Mohammad had taught that the greater holy war is the war inside us
against our own weaknesses and failings.

One of his sayings shows his respect for all religions. “When the bier of anyone passes
by thee, Muslim or non-Muslim, rise to thy feet”. As a result of his teachings which
laid the foundation of human rights and values, Muslim communities all over the
world, even as far as China, India, Japan, Africa and the West, show that Islam still has
the power to reconcile apparently irreconcilable elements of race and tradition. If
Muslims truly follow his teachings in all aspects of social life, the opposition between
eastern and western societies can be replaced by cooperation.

Islam upholds the dignity of labour and Mohammad himself worked along with
others in the construction of the first mosque at Quba and in the digging of the trench
in the battle of Khandaq. He emancipated slaves and women from bondage. The
Study Notes by Aamir Mahar 6
slaves were placed on an equal footing with their masters and they were elevated to
the rank of generals and commanders. Bilal was appointed the first muezzin of Islam
and was respectfully addressed as Syedna (chief) Bilal. Women were given the right
of divorce and inheritance in the property of their deceased husbands and fathers.

The Prophet was successful in bringing into existence a new type of man —
self-respecting, self-reliant, conscious of his worth and desirous of enhancing it with
the ambition to set up a better social order in the world. Jeffery Lang in his book
Struggling to Surrender writes “To swear that Mohammad is the messenger of God is
to accept his life as an example and to affirm that his actions set the standard for
mankind’s conduct regardless of time and place. If Muslims are to convince western
civilization that Islam provides a better way, then they would have to either soften
their commitment to Mohammad’s example or invest their time and effort to argue
their case convincingly.”

A model which can serve as a standard for every class of people under different
circumstances and states of human emotions will be found in the life of Mohammad.
For the rich there is his example as a tradesman; for the poor is his example as an
internee of Shu’ayb Abi Talib and the emigre of Madina. For the vassal, there is the
man who endured the hardships imposed by the Quraish of Makkah; for the
conqueror there is the victor of Badar and Hunayn. In defeat, one can take a lesson
from the discomforted at Uhud. As a teacher, one can learn from the holy mentor of
the school of Suffah; as a student from the man who sat before Gabriel.

As a preacher, direct your vision to the man delivering sermons at Madina; if you are
an orphan, do not forget the child of Aminah and Abdullah left to the tender care of
Halimah. As a travelling salesman, cast a glance at the leader of caravans on the way
to Basra; as a judge or arbiter, at the Prophet entering the Kaaba before sunrise and
installing the Hajr-i-Aswad. If you are married, draw a lesson from the behaviour of
the husband of Khadijah and Aisha; if a father, go through the biography of a tender
and loving man who rejoiced at the birth of girls.

Whenever anyone came, he moved quickly to give him a seat. He was quick to smile
and greet the person, and was never harsh or offensive, and rarely angry. He was
generous in praise, averse to conflict or too much comfort. He always rose to the
challenge of history.

Abdullah Ibne Ubaiy withdrew one-third of the Muslim army in Uhud, but
Mohammad did not seek slaughter or vengeance. He said, “We will have mercy and
treat him kindly as long as he remains with us”. Fadallah came with the intention of
killing him and felt nervous when Mohammad met him with calm and a smiling face.
Mohammad advised him kindly to seek God’s forgiveness and Fadallah lived the rest
of his life saying, “I came to kill him and left with no man more beloved and dear to
me.”

Study Notes by Aamir Mahar 7


In short, whoever and whatever you may be, you will find a shining example in the
life of Mohmmad. All that Muslims need to know of him is readily accessible. There
was never a span of time, howsoever small, that he spent away from the gaze of his
companions.

Mohammad laid the greatest emphasis on human rights and tolerance. He made his
followers realize the importance of observation and knowledge, and was able to
divert man’s attention to the vast and limitless universe and find the clue to God’s
greatness. He disclosed a concept of life compatible with nature. Through his lifetime
of struggle and exemplary behaviour he emphasized that the Quran was not a
collection of dogmas, but a code of life which regulated everything that involved
human life. He never preached what he could not practise. His last words were not
about property, dominance or kingdom, but the protection of the weak and
downtrodden. Today Muslims all over the world are miserably placed. This is
because they have failed to live up to the ideals set forth by Mohammad.

Contracts recognised in Islam


Business enterprise and market mechanism are more often than not governed by a
set of rules and regulations which not only entail a system of profit and loss sharing
but also lay down a clear cut mode of accountability, sureties, guarantees and the
works.

So, a complex system evolves whereby business, be it in the form of trade and
commerce, industry, agriculture or banking for that matter can be carried out
smoothly and efficiently. At the core of every such structure, regardless of its size, so
put up, lies a contract or innumerable contracts which define the work relationship
between associates.

Islam recognises a contract and enjoins fulfilment of promises entered into through it,
“O you who believe! When you contract a debt for a fixed period, write it down. Let a
scribe write it down in justice between you...” (2282; “O you who believe! Fulfil (your)
obligations.” (501); “... fulfil (every) covenant. Verily, the covenant will be questioned
about.” (1734).

In order for a contract to be valid in Islam, certain conditions have to be satisfied.


First and foremost, the contracting parties should be legally competent to enter into a
contract. A person is legally competent if he or she is an adult and sane. A contract
essentially involves an offer and an acceptance. Further, the subject matter of the
contract must be lawful. Keeping in view public good and for the purpose of
discouraging unethical investments, Islam has forbidden dealing in commodities
declared haram i.e. commodities like pork, wine, drugs, etc., whose use and
consumption has been forbidden to Muslims. The agreement should not involve
gharar or risk referring to transactions wherein the characteristics of the subject

Study Notes by Aamir Mahar 8


matter itself are not certain or clearly laid down be it with regard to form or quantity
so such a deal involves an element of risk similar to gambling.

The Prophet (pbuh) has forbidden the purchase of the unborn animal in its mother's
womb, the sale of milk in the udder without measurement, the purchase of spoils of
war prior to their distribution, the purchase of charities prior to their receipt, and the
purchase of the catch of a diver. The last prohibition pertains to payment for
whatever a diver may catch on his next dive. This has been prohibited because the
payer does not know what he is paying for. Also, any contract wherein the element of
riba, be it express or implied, is present has been strictly forbidden.

Riba literally means 'increase.' In Shariah, it is an addition over and above the
principal amount i.e. paying money for the use of money. The Holy Quran and the
Sunnah of the Holy Prophet expressly prohibit riba. “And that which you give in gift
(to others), in order that it may increase (your wealth by expecting to get a better
one in return) from other people's property has no increase with Allah...” (3039).
The contract should have clarity and the contracting parties should be honest and
avoid any form of concealment; “And mix not truth with falsehood, nor conceal the
truth...” (242). Islam has also forbidden entering into a transaction when it would
prove detrimental to the interests of another person already entering the same. The
Holy Prophet once said “A person should not enter into a transaction when his
brother is already making a transaction and should not make a proposal of marriage
when his brother has already made a proposal except when he gives permission.”
On the whole, any condition or term of contract which does not conform to Islamic
laws makes the contract invalid. It has been reported that Burairah came to Aisha
and said, “My people (masters) have written the contract for my emancipation for
nine ounces of gold to be paid in yearly instalments, one ounce per year; so help me.”
Aisha replied “if your masters agree, I will pay them the whole sum provided the
allegiance will be for me.” Burairah's masters refused the offer.

When the Holy Prophet came to know of this he told Aisha, “Buy Burairah and
stipulate that her allegiance will be for them, as the allegiance is for the slave-freer.”
Aisha did so. Later, the Holy Prophet addressed the people and said, “What is wrong
with some people who stipulate things which are not in Allah's laws? Any condition
which is not in Allah's laws is invalid even if there were a hundred such conditions.
Allah's rules are the most valid and Allah's conditions are the most solid. The
allegiance is for the slave-freer.”

Broadly categorised, the following are some forms of contract recognised in Islam.
Shirkah In this form of contract, the contracting parties enter into a joint investment
in a business enterprise and share profits and losses. The former is shared equitably
in accordance with the agreement whereas the latter is shared in proportion to the
capital invested. Wadiah This is a contract whereby any object or deposit is kept for
safe keeping with a person who is not its owner. The depository in this case becomes

Study Notes by Aamir Mahar 9


the guarantor and guarantees return of the object or deposit to the depositor when
he so demands it.

Bay This is an agreement between two parties i.e. the buyer and the seller whereby
ownership of property is transferred from one person to another at a price. This
includes a contract of exchange whereby ownership of a commodity is transferred
from one party to another in exchange of another commodity as agreed to between
the parties, the same being trade by barter system.

Ijarah It literally means 'to give something on rent.' This is of two kinds. Firstly, it
refers to hiring of services of another person where wage serves as a consideration.
Simply put, it covers the contractual relationship of an employer and an employee.
The employer is referred to as 'musta'jir' whereas the employee is called 'ajir'. The
second case, which is analogous to leasing, refers to transferring the usufruct of a
certain property to another on payment of rent. The lessor is called 'mu'jir' whereas
the lessee is called 'musta'jir'.

Ariyah This is a gratuitous loan of an object to another for a specific period of time
after passing of which the item so loaned is returned to the lender. Rahn Also called
collateralised borrowing, a debtor in this case places a valuable asset in the custody
of the creditor as collateral for debt incurred. In case of default in payment by the
debtor, the creditor can dispose of the collateral.

Seerat, a perfect model (Muhammad al-Ghazali)


The entire history of mankind in the post-Muhammadan period provides testimony
to the Prophet’s impact on humanity. With the emergence of the Prophet (SAWs) on
the stage of history, humanity clearly entered a new decisive and final stage of
religious consciousness and cultural development. When the Qur’an proclaimed in
unmistakable terms that the institution of Prophethood had reached its final stage
with Prophet Muhammad (SAWs), this proclamation was also fully attested by the
subsequent course of human history.

No new Prophet or messenger, nor any other Divine scripture succeeded the Prophet
(SAWs) or the Qur’an. The Qur’an and the Prophet’s Sirah remain the authentic
touchstone of the truth and the reliable source of Divine call to humanity. The
foremost thrust of the Prophet’s teaching that changed the erstwhile religious
perspective was to liberate humanity from the animistic notions of the past that
involved a deification of the phenomenal world. The primitive religiosity of man
largely prevailing in the world before Prophet Muhammad (SAWs), was to invest
everything beneficial or harmful in this universe, with a supernatural sanctity or
even at times with divinity.

Thus, man humbled himself before sun and moon, stars and galaxies, sky and earth,
Study Notes by Aamir Mahar 10
rivers and oceans, even beasts and animals. This pantheistic notion constructed for
man’s servitude and compelled him to bow before millions of gods and deities.
Another less primitive but equally obscurantist view that was held by a number of
other creeds was to see this world as an evil satanic scheme which undermines the
spirituality of man. These creeds also enfeebled man before the diabolical and
devilish influences of this world represented by corporeality and matter and body
and flesh and thus took a negative view of man and this phenomenal world.

These creeds and cults projected this world as a prison house in which man is placed
by destiny and from which the deliverance should be sought by emancipating oneself
from all sanguine, social, marital and material involvement. While one view imposed
on man a direct servitude of this material world, the other painted the world in evil
and adversarial terms. The Prophet’s sound and rational teaching dealt a powerful
blow to all such obscurantisms and superstitions. He taught in unambiguous terms
that man’s habitat and environment have been created for the service of man. He
reminded that this world has been created, designed and tailored to suit the survival
of man and to serve the needs of human life. Said he in one of his oft-quoted sermons:
‘indeed this immediate world has been created for you, but you have been created for
the ultimate world of the hereafter’. For the eternal home of lasting bliss which will
be the final abode of mankind is really worth man’s while.

It was precisely this teaching of the Prophet (SAWs) clearly articulated in the Qur’an
that gave rise to the crystallization of the empirical methodology of natural sciences.
For unless one has the satisfaction of knowing that this world is not essentially man’s
enemy, but friendly and compatible to humanity’s well-being and amelioration,
natural science is hardly tenable. Science and all its modes and methods of inquiry
and investigation seem to proceed clearly from the monotheistic doctrine of Islam
taught by the Qur’an and the Prophet. The Qur’an contains profuse statements that
fully substantiate this contention.

All these statements of the Qur’an as explained by the Prophet’s teachings are
premised on the doctrine that nothing created by Allah is futile and fruitless. But on
the contrary, everything that He has created, He has created for a definite purpose.
And the noblest of these purposes has been assigned to man under the terms of his
august office of ‘vicegerent’. In this way, the Prophet (SAWs) emerges as a great
benefactor of humanity. People might still be persisting in their polytheistic or
pantheistic views of religion, but the enterprise of science is definitely a monotheistic
enterprise. Sooner or later, humanity is going to reach the stage when it is no longer
possible to disbelieve in One Supreme God Who alone is the Creator, Sustainer and
Controller of this cosmos.

The logical flow of the overwhelming scientific evidence that is continuously pouring
in will also eventually shatter the myth that reason and revelation or theology and
science were incompatible. Those shallow interpreters of science in post-medieval
Europe who, fascinated by Newtonian physics, Darwinian biology and Freudian
Study Notes by Aamir Mahar 11
psychology, tried to dismiss theo-centric worldview and circulated the view that
science had rendered god irrelevant, are now open to serious criticism by scientists
themselves. The findings of ecological sciences, inter-alia, have furnished an
un-controvertible evidence that the entire cosmos is serving the interest of human
kind.

Another conspicuous impact of the Prophet’s dispensation which is a logical corollary


of the first doctrine is the elevation of the status of man. In the first place, the
emergence of a man of the Prophet’s calibre on the scene of history in itself brought
the status of man to great heights unknown to mankind previously. The Prophet
repeatedly reiterated the lofty locus of man. He reminded him that his destiny lay in
his own hands. He put great premium on the value of human endeavours and
achievements. The Prophet rejected all erstwhile claims to pre-natal distinctions of
race or colour, or clan or caste. He blotted out from the innocent face of humanity the
stigma of original sin.

Moreover, he declared in his last public sermon that all notions of mutual superiority
among humans are false, and that man had been created in the best form and
invested with unlimited potential for self-development. Thus he was fully eligible to
fashion his own destiny. He could make or unmake success or failure by his own
conscious deeds and misdeeds. What is more, the Prophet equalized genders. He
recognized full value of woman and her natural God-given gifts and talents.

The course of human cultural career subsequent to the Prophet (SAWs) is an ample
self-evident commentary on these monumental cataclysmic reforms introduced by
the Prophet (SAWs) and fully promulgated in the socio-cultural, moral and spiritual
dispensation established by him and by his companions. These are only some aspects
of the many significant changes in thought and behaviour, vision and perspective that
the Prophet of Islam effected in the world. Humanity as a whole and not merely the
community of his loving followers owe to the Prophet (SAWs) a great debt.

Mercy for the worlds (S.G Jilanee)


Even after the passage of nearly fifteen hundred years the personality and character
of Hazrat Muhammad (SAW) continues, still, to amaze and fascinate thinkers,
historians and intellectuals. And not only Muslims but even those who have little love
lost for him — even the Jews, Christians, and others — are impressed and charmed.
Countless treatises have been written on the subject but there always remains
something more to be said.

If you look for any unusual factor or any spectacular feature such as in the field of
miracles, that distinguished him from his “colleagues,” — the other Messengers of
Allah, you may be disappointed. For Muhammad was a “plain,” down-to-earth human,
and the message he propagated was equally plain and down-to-earth. There was
Study Notes by Aamir Mahar 12
nothing supernatural about either his person or his work. Yet, this very factor, this
want of any superhuman traits, this absence of incredible performances, was what
separated him from other Prophets. For example he performed no such miracles as
Noah, Abraham, Swaleh, Hud, Loot, et al. He did not sail in an ark over an
all-consuming flood. He was not swallowed by any fish. He was not thrown into a pit
of flaming fire. He was not asked to sacrifice his son in the way of Allah. He was not a
king like David and Solomon. His club did not turn into a snake, nor did the palms of
his hand emit any effulgence.

Born like any other human, Muhammad did not speak in his cradle. He did not make
birds with clay and breathe life into them. He did not heal lepers and congenitally
blind people nor bring the dead to life. Nor were there jinns to do his biddings nor
did he communicate with birds. Yet, he was designated as “Mercy for the worlds,” the
“Seal of the Prophets,” blessed with “Me’raj,” — the celestial journey by night into
Divine presence, and he stood “on an exalted standard of character.”

As a Messenger of Allah, Muhammad was like unto all other Messengers. Men of faith
“make no distinction between one and another (2:285).” However, the miracles his
predecessors performed were, by their very nature, beyond human comprehension.
But they were also transitory, ephemeral, like a flood or a rain of rocks or other
calamity. It came and went and became history. On the other hand, what Muhammad
performed and achieved was something tangible; concrete; comprehensible. His
miracle was reality, enduring, abiding, permanent.

He transformed a wild people into law-abiding citizens, disciplined the undisciplined,


civilized the uncivilized, and established a “modern” society with a working system of
governance all within a span of about ten years. In response to defiance, denial and
persecution he did not invoke Divine retribution upon his tormentors and have them
wiped out like the ‘Aad, Thamud and others. This is the most glaring testimony to his
being an embodiment of mercy, and one that largely distinguishes him from other
Prophets. Answering those who wanted him to perform miracles, he pointed to the
miracles scattered all around them, in the earth and in the sky. As truth can be
stranger than fiction so realities can be miracles, calling for open-jawed amazement.
Look over the world, says he; is it not wonderful, the work of Allah; wholly “a sign to
you,” if your eyes were open! This earth, Allah made it for you; “appointed paths in
it;” you can live in it, move about in it.

Great clouds, black, awesome, with their thunder and lightning, — where do they
come from! They pour down copious showers on a parched, dead earth, and grass
springs, and “tall leafy palm-trees with their date-clusters hanging round, wherein is
a sign.” Your cattle too, he points out, Allah made them; serviceable dumb creatures;
they change the grass into milk; you have your clothing from them. Ships, like huge
moving mountains, with their cloth wings spread out, go bounding over the waves,
driven by Heaven’s wind, His wind, under His command. And when Allah has
withdrawn the wind, they lie motionless, dead, and cannot stir!
Study Notes by Aamir Mahar 13
These, indeed, are miracles par excellence! Besides, look at the creation of humans. Is
that anyway less than a miracle? Allah made you, he says, “created you out of dust,
then out of sperm, then out of a leech-like clot, then out of a morsel of flesh partly
formed and partly unformed.” (22:5). Ye were small once; then ye grew. Ye have
beauty, strength, thoughts and then old age overtakes you; your strength fades into
feebleness; ye sink down, and again are not. And, above all, “Ye have compassion on
one another.” Is that not a great miracle in itself, — mutual compassion? What if Allah
had made you having no compassion on one another?

As among Allah’s Messengers, so with other people; Muhammad (S.A.W.) was like a
common human, yet uncommon; similar, yet different. Totally free from cant, he
never pretended to be what he was not. He therefore repeatedly emphasized, “I am a
human like unto you.” (basharum mithlukum).

But Muhammad (S.A.W.) was not an ordinary person. The purpose of emphasizing
the likeness was to generate empathy with his interlocutors and his audience and to
reassure them that he was on the same grid with them. He felt the anguish of pain
and the comfort of pleasure, hunger and thirst, joys and sorrows, same as any human.
Another reason for repeating this reminder, frequently, was to prevent his followers
from lapsing into the same pitfall as the Christians, who, in their zeal called him the
son of God. So he pointed out that what distinguished him from ordinary humans was
that he received wahi, — the Revelation. “I am like unto ye, (but) on whom Divine
Revelation has come that assuredly there is no other deity for you but only One,
Allah!”

Events about his birth and childhood are too well-known to require any detailed
treatment. The man who was to be ordained as the last Messenger of Allah and who
would testify to the credentials of all other Messengers of Allah before him, was yet
born an orphan. His mother also died when he was only a child. His grandfather, a
hundred year old man, Abdul Muttalib, deeply loved the little orphan boy, the child of
his youngest and most beloved son, Abdullah. But Abdul Muttalib also died when
Muhammad (S.A.W.) was only two years old, leaving him to the care of his eldest
uncle, Abu Talib.

What put him way above other humans was Muhammad’s character. That was his
forte — character born of Sincerity and nurtured by truth. His companions, friends
and relatives named him Al Amin, “The Faithful, the Trustworthy.” Even at a young
age, he was recognized as a man of truth and fidelity; true in what he did, in what he
spoke and thought. From an early age he had been remarked as a thoughtful man. He
was silent when there was nothing to be said; but pertinent, wise and sincere, when
he did speak; always throwing light on the matter. Throughout his life he was
regarded as an altogether solid, brotherly, genuine man, a serious and sincere
character; amiable, cordial, and companionable.

Study Notes by Aamir Mahar 14


Why would the Bedouins obey him, recognize him unless he had the mesmerizing
power of sincerity, the magic of truth and plain words? They were wild men, bursting
ever and anon into quarrel, into all kinds of fierce fights; no one without right worth
and manhood could have commanded them. Yet they accepted him as Prophet of
Allah, because, there he stood face to face with them; “bare, not enshrined in any
mystery; visibly clouting his own cloak, cobbling his own shoes; fighting, counselling,
ordering in the midst of them.” They had seen what kind of a man he was, judged him
and then bowed before him. “No emperor with his tiaras was obeyed as this man in a
cloak of his own clouting.”

Muhammad had to deal with the ferocious bloodthirsty Arab heathens, who drove
him out of his home. He had to deal with the plots of the scheming Jews. It was a
life-and-death war with them. Carlyle takes note of the fact that in such situations
“cruel things could not fail,” but asserts that “neither are acts of mercy, of noble
natural pity and generosity wanting.” Such acts were each the free dictate of his heart;
each called for, there and then, on the spur of the moment, yet each done not as a
self-seeker, not for personal aggrandizement or ambition but in the way of Allah.

A tender heart was another facet of his character. His emancipated and beloved slave,
the first among slaves to embrace Islam, had fallen in the Battle of Tabuk. He said it
was well of the man. He had done his Master’s work and has now gone to his Master.
Yet the martyr’s daughter found him weeping over the body, melting in tears! “What
do I see?” said she. “You see a friend weeping over his friend,” answered the Prophet.

Muhammad personally led at least nineteen engagements with the heathens. There
was booty from those battles. Yet, his household was the most frugal; his common
diet barley-bread and water and occasionally some dates: sometimes for months
there was not a fire once lighted on his hearth. He would mend his own shoes, patch
his own cloak, — a true paradigm of the man who “having nothing yet hath all.”

A man of truth and lofty morals (Dr. Fazlur Rahman)


“NAY, by God, it would never be so! He would never sadden you. You have always
been kind to your relatives. You speak truth. You clear the debts of others. You help
the poor. You are hospitable. You assist your fellow men. You bear the afflictions of
those in distress.”

These words of solace came impulsively, without least hesitation, from the mouth of
a lady who had known him inside out, experienced him through thick and thin, for
fifteen years as his wife. This was Khadijah comforting her husband, Muhammad
(PBUH) when he returned from the cave of Hira, exhausted and terrified, fearing for
his life, after the first ever encounter with the arch-angel Gabriel and receiving the
first Divine Revelation. She adduced as her witness his past career when though he
was not a prophet yet was reputed far and wide as al-Sadiq al-Ameen, the truthful,
Study Notes by Aamir Mahar 15
the trustworthy, the faithful.

“A man of Truth and Fidelity, true in what he did, in what he spoke and thought,”
(Carlyle). How could such a noble soul, bearing such lofty morals, be forsaken, left
uncared-for, by God! She related what she had observed, experienced, felt and heard.
The approach was rational, the argument convincing, the reasoning sound. And what
testimony could be more reliable, more dependable than one’s own wife’s. So this
was the man Muhammad, prior to when the mantle of prophethood adorned his
shoulders. And what after that?

Ali was the nearest and dearest of all his blood relations. He had been with the
Prophet since his childhood. It was he who as a lad had stood up out of all the
kinsmen, whom the Prophet had called at the mount of Safa in compliance with the
Divine commandment “Admonish the nearest of your kinsmen” (Q:26:214), and
declared fearlessly, when others had refused to believe in the prophetic call, his belief
in his prophethood. He describes the Prophet that he was benevolent, extremely
generous, truthful and very kind-hearted. It was a pleasure to be in his company. A
man was over-awed by his first contact with him but came to love him after
remaining in constant touch with him.

‘Ayesha, his next beloved wife after Khadijah expired, who remained with him for
nine years, in his advanced age till death, thus acknowledged his graceful manners
and high morals: He did never cast reflection upon anybody. He never spoke ill of any
one. He was never revengeful. Instead he forgave those who offended him. He never
turned down any seemly request. He was always miles away from unjust behaviour.

Anas bin Malik, who as a boy had been appointed by his mother to attend upon the
Prophet just after his arrival in Madinah, and who remained attached to him for ten
years, informs us that during this long period the Prophet did never so much as scold
him or find fault with him, nor he ever reprimanded him for any lapse which he
happened to commit.

These are the impressions of some of the many persons who had the opportunity to
have long and most intimate connection with him. But far more eloquent and
emphatic is the testimony of Allah Himself, Who, calling to witness all the historical
records written and preserved, or to be penned down at any time, by human hand
declared: “Verily there is in store for you a great reward unfailing, never-ending,
beyond expectations. And you, for certain, stand on the most exalted pedestal of
morality,” (Q: 68:4).

At another place his virtuous character is extolled in the following words. “It is by
virtue of Allah’s compassion alone that you deal with them gently and leniently. Had
you been gruff or harsh-hearted they would have certainly broken away from about
you,” (Q3:159).

Study Notes by Aamir Mahar 16


This was the practical manifestation of the Prophet’s own teachings. He had
instructed the faithful, “Do not envy one another. Do not hate one another. Do not
turn away from one another. Be you O ! servants of Allah brothers. A Muslim is the
brother of a Muslim. He neither lies to him nor does he hold him in contempt. It is evil
enough for a man to hold his brother Muslim in contempt. Every thing of a Muslim is
inviolable for another Muslim : his blood, his property, and his honour.” And this was
how he acted upon his own advice.

The Quran has been revealed to enable the mankind to differentiate between good
and bad, right and wrong, virtue and evil, and to guide it to the right path which leads
to the eternal bliss, the real success in this life and the hereafter. Prophet Muhammad
through whom this Divine message has been communicated is at the same time
commissioned with the task of putting it into practice, enacting its instructions,
presenting his own self as the paragon par excellence of its teaching.

He preached and practised and rose to the heights of being the role model for
humanity at large. “Verily there is in the person of the Messenger of Allah the best of
the patterns of conduct for every one whose hope is in Allah and the Final Day and
who deeply engages in the remembrance of Allah,” (Q:33:21)

The life-blood of religion is the remembrance of Allah. The Quran’s Olul-albab, Men of
deep understanding, are those “Who remember Him standing, sitting, and lying down
on their sides,” (Q:3:191). The Prophet has also instructed that “Your tongue should
always remain wet with the remembrance of Allah.” We are told that there was no
moment when he was not engaged in the remembrance of Allah.

The supplications of the Prophet which have been handed down to us, preserved in
the Hadith books and also found in several independent works show that on every
possible occasion and in all positions he maintained communion with his Lord and
that at no time he was lost in forgetfulness. He told the people to be ever vigilant in
asking forgiveness from Allah for their sins and shortcomings or substandard
performance of their duties. What he himself did was to ask forgiveness from Allah
seventy or hundred times in just one sitting.

He said that every Muslim had to offer his prayers five times a day. He himself offered
prayers at least eight times a day. The night-prayer, Tahajjud, which was optional for
every one else was offered compulsorily by him. While offering night prayers he
stood for such a long time that his legs became swollen. When once Ayesha remarked
that why did he take so much trouble when Allah had already redeemed him, his
modest reply was, “Should I not act as a thankful servant!” He did never miss his
congregational prayers. He was so particular about it that even during his last illness
which ended in his departure from this world he attended the mosque while
reclining on his two companions.

Fasting during the month of Ramazan was made incumbent upon every believer. The
Study Notes by Aamir Mahar 17
Prophet himself fasted during Shabaan and Ramazan. He also fasted on Mondays and
Thursdays as well as on the thirteenth, fourteenth and fifteenth of every month.
During the month of Shawwal he fasted for six days after Eid-ul-Fitr. He also fasted
during the first ten days of Muharram.

It was enjoined on the well-to-do Muslims to spend a fixed portion of their wealth as
Zakat, (Q:2:215,254). It was made optional for any one to give in charity as much as
he could afford after satisfying his needs, ((Q:2:219). None was required, however, to
give away all of that which he possessed. “Make not your hand tied to your neck (be
niggardly), nor stretch it forth to its utmost reach so that you become blameworthy
and distressed,” (Q:17:29). The Prophet also explained that the best act of charity
was that which did not result in destitution. The Prophet’s life was however that of
giving preference to other’s needs, sacrifice, generosity, magnanimity and self-denial.

Extremely frugal concerning his own needs he gave away whatever he had to the
poor, the destitute, the needy and the have-nots. Though he himself led a life of
privation and bare subsistence for others he was magnanimous beyond imagination.
According to Ibn Abbas “More generous than all of us was the Apostle of Allah who
gave away freely especially during Ramazan. He never said ‘no’ in reply to any
request, and never took his food alone. No matter in what small quantity the food
was available, he invited all those present to share it with him.

He had asked us to inform him if any Muslim died without clearing his debt, for he
always took the responsibility to get it repaid. The legacy of the deceased, evidently,
devolved on his heirs.” Abu Dhar, a companion of the Prophet relates that once he
said to him, “Were the mountain of Uhud turned into gold for me, I would not like
three nights to pass with a single dinar in my possession except whatever I may keep
for clearing away somebody’s debt.”

The greatest and the most common weakness of those in power and high position is
that they are prone to fall an easy prey to the onslaught of nepotism. They are
tempted to oblige their incompetent relatives and undeserving friends by appointing
them to responsible posts where they could enjoy power and pelf, or out of public
exchequer they squander money upon those who have no right to it. According to the
Quran it is a criminal breach of trust, (Q:4:58). It has been condemned by the Prophet.

Once his companion Abu Dhar, about whom the Prophet said that he was the most
truthful of all those who walked on earth, requested him to appoint him on an
administrative post. The Prophet declined to oblige him saying he was too weak to
shoulder the responsibilities of that office.

On another occasion his beloved daughter Fatimah, much distressed by the hardships
of continuously drawing water from the well and grinding the hand-mill, requested
him to provide her with a maid-servant, he very politely turned down the request
saying “No provision has yet been made for the poverty-stricken people of Suffah.
Study Notes by Aamir Mahar 18
Moreover, the orphans of Badr have already made a request before you.”

It is easy to say “Love thy enemy” but very difficult to practise, especially when the
enemy is in your grip. The life of the Prophet abounds with examples of showing
mercy, compassion and forgiveness when the deadliest and lifelong enemies were on
their knees. General amnesty for Abu Sufyan, the lifelong enemy, to his wife Hind
who had chewed the liver of his uncle Hamzah, and to his killer Wahshi, to the
Makkans after the conquest of Makkah with the words “Go your way, you are the
freed ones, forgiveness to Abd Yalail, the stone-hearted chief of Taif who nearly killed
him, are only a few examples of his humane and merciful attitude towards his
enemies. His entire life-span is an eloquent testimony to the undeniable reality that
he practised what he preached.

A perfect reformer (Prof Mohammed Rafi)


Today, more than ever, the Muslim world needs to look back at the practical aspects
of the Prophet Mohammad's (PBUH) life and try to imbibe them in our daily lives for
peace and harmony. This is what Islam is all about. When Muslims accept some
person as a Nabi (Messenger), they must as well believe in emulating the example set
by the Nabi. It is understood that anything actually taught by the Nabi was either
done or would have been done by him had the occasion arisen. The Quran tells us
that all Messengers were charged by Allah with the same mission (2:136). It is also
written that all people are a single nation, so Allah raised Messengers as bearers of
His news and as warners and He revealed unto them the Book with truth (2:213).

In other words the message that comes from Allah of human guidance is a practicable
verity and not a dreamer's ideal. Prophet Mohammad received Divine Revelation and
translated it into action through his own example (2:129 & 151). He was the first to
obey these laws (39:11-14) and led others to pursue the path of guidance.

Earlier Messengers had come with Allah's message and guidance, but people changed
these, corrupted them or simply hid them. The Quran says 'O people of the Book
there has come to you Our Messenger revealing to you much that you used to hide in
the Book' (5:15).

Pre-Islamic Arabia was a seat of different religions and sects, each decrying the other
as is being done nowadays. Prophet Mohammad denounced division and
sectarianism and decried the hostile attitude of the followers of these separate
religions and sects.

'And the Jews say that the Christians do not follow anything good, and the Christians
say that the Jews do not follow anything good while they recite the same book'
(2:213). People were more inclined, like today, on rituals which were supposed to be
the essence of all religions.
Study Notes by Aamir Mahar 19
The Quran says, 'It is not righteousness that you turn your faces towards the East or
West, but righteousness (Taqwa) is that one should believe in Allah, the day of
judgment, the Malaika, the Book and the Messengers and give away wealth out of
love for Him to the nearest of kin and to the orphans, the needy and the wayfarer.

The captives pray and pay Zakat and fulfil the performance of their promises and be
patient in distress and adversity and in time of conflict. Such are the righteous ones'
(2:177).

Prophet Mohammad did not propagate Islam through miracles. He worked what was
more than a miracle: striving against odds and achieved success never seen before or
since in history, and in the adverse circumstances to which he had been subjected.
But to achieve this unique success he did not resort to things beyond human reach, in
which case he could not have acted as an exemplary personality.

He used all honest and honourable means that were open to others. He would plainly
say that he was a man like others (18:1110) and 'It is not in my power to cause you
harm or bring you to the right path' (72:21) and 'The unseen is only known to Allah
(10:20) 'with Him are the keys of the unseen, the treasures no one knows but He'
(6:59).

One supreme quality that shows he had achieved the zenith of character and morality
that must be the final goal of human endeavour, where man reflects Divine values,
was his steadfastness. In victory or in defeat, in power or in adversity, he remained
the same. According to Washington-Irving 'His military triumphs awakened no pride
or vain glory, as they would have done had they been effected for selfish purposes. If
he aimed at universal dominion, it was the dominion of the faith'. Gibbon writes in
the "Rise and fall of the Roman empire" that even at the zenith of his worldly power,
the good sense of Mohammad despised the pomp of royalty.

How many of us claiming to be his followers practise what he advised to do? In


Madinah he had the opportunity of practising what he had preached at Makkah. He
ennobled and enlarged the laws of Moses and brought upon earth the kingdom of
heaven prayed for by Jesus.

He established a state with those at helm of affairs not ruling but serving the citizens.
There was no prejudice of class, colour, race or descent. To demolish this long
prevailing social injustice, it was emphasized that the noblest in the sight of Allah was
he who was most virtuous among men. The state belonged equally to one and all,
male and female - and all, in turn, belonged to one universal God, all obeyed one law,
not man-made but sent down from the All Merciful and impartial God, which was the
same for rich and poor alike.

His life was very simple. He would put on whatever kind or quality of cloth he could
Study Notes by Aamir Mahar 20
get. He would eat whatever was placed before him. He would sit wherever he could
find room, whether on a mat, carpet or the ground (Tirmizi 'Shumail').

Unlike the rulers of the modern world, he entered into treaties with his enemies and
honoured them. Following the treaty of Hudaybiah in 6 A.H., he discouraged the
Muslims of Makkah to flee the city.

The surrender of Makkah offered him ample opportunities of revenge, but he did not
avail himself of them. As a role model we must remember that he ordered us to obey
Allah's commands, give alms, speak the truth, give back safe and whole what is
entrusted to us by others, to be affectionate to our neighbours, to shun wicked acts
and avoid bloody quarrels. The Encyclopaedia Britannica says: "It is easy to make
good and far reaching plans, but more difficult to carry them out. Moses, Jesus and
many of the prophets before Mohammad did not live to see the success of their
respective missions.

The emancipated children of the Egyptian bondage repeatedly disobeyed Moses;


Peter and other disciples denied their Master and left him in the moment of his dire
need. But Mohammad the humble preacher to the haughty Makkans, who had only
the other day been ridiculed, stoned and hunted out of their city of his birth, had
within the short span of nine years after his flight from Makkah lifted up his people
from the abysmal depth of oral and spiritual degradation to a conception of purity
and justice.

"These who had dwelt in a state of permanent warfare among themselves and had
revelled in bloodshed and murder on the most trifling pretexts became wedded into
a unique brotherhood. Those who cherished no respect for women became the
foremost champions of female rights."

The spirit infused by Mohammad enabled the Muslims to face courageously the most
formidable foes that a man has to grapple with - one's own corrupt nature and evil
habits. He understood human nature and mind and did not propose to kill our
instincts or crush our passions. Instead he propounded a system to control them so
that they may function to our best advantage and pass from the bestial to the noble.

Muslims today are more inclined towards an individual and self-conceited Islam for
entry into heaven which lies somewhere beyond the sky. Mohammad pointed out the
error of such crude notions. Heaven is the evolved condition of our soul, the casting
or not casting of human passion into the mould of divine attributes that makes our
Heaven both here and in the hereafter - for the Quran promises two Heavens (55:46)
and also its reverse - Hell. He repeatedly said that every person who seeks to observe
good morals must tread God's earth reflecting Divine attributes.

Every Muslim should examine, search and assess his deeds and review his conduct
several times a day. For this we were ordered to establish the system of 'Salaat' five
Study Notes by Aamir Mahar 21
times a day. This involves the total submission to the laws of Allah in a practical
shape.

Mohammad also proposed greetings through "Salaam Alaikum" (Peace be upon you)
as As-Salaam is one of the attributes of Allah and means peace. The western
equivalent of this is 'Have a nice day' which is oft repeated. He also quashed a
centuries old system of invoking God's mercy through an intermediary. This belief
had crept into almost all religions. No religion of Divine origin in its subsequent
stages remained free from it.

Islam has no priestly class. Addressing Mohammad (PBUH), Allah says, "And when
my servants ask you concerning Me, then surely I am near; I answer the prayers of
the supplicant when he calls on Me, so they should answer My call and believe in Me,
that they may find the right way" (2:186).

For the first time, the principle of 'No compulsion in religion' was enunciated and
acted upon by Mohammad. Differences of opinion in religious matters were
respected and freedom of conscience was allowed. History is full of religious
persecutions of the worst type and that is evident even today. Mohammad preached
religious tolerance that had never been known before. To the Christians of Najran
and adjoining areas he promised the security of God and his own pledge 'No cross or
image shall be destroyed, they will not be oppressed, they shall not be required to
furnish provisions for the troops' were his standing orders.

Today a large part of the wealth and brain of the West is expended in discovering
ways in which they may utilize destructive weapons to pander to the spirit of
aggression.

Mohammad allowed the use of force in three conditions only 1) To protect a house of
worship from destruction be it Christian, Jew or Muslim (22:40) (2) In self defence
(22:39). (3) To establish freedom of conscience and fight religious persecution.

He was the first leader of a religion that made religion and science help-mates. He
abolished dogma and made reason and logic the test of religious truth. He placed the
cultivation of knowledge on top. For him, exploring the realms of nature for the
benefit of humanity was the real glorification of God. He gave such an impetus to
learning that it brought forth within a century after him a tremendous upheaval in
the world of scientific research work.

A test of true faith (S.G. Jilanee)

Study Notes by Aamir Mahar 22


"Ramazan is the month in which was sent down the Quran," which is a "guidance to
all mankind," says The divine proclamation. (2:185). The call is irresistible. Those
who have attained such a state of piety that their "skins tremble" when they listen to
the Quran so that "their skins and their hearts do soften to the celebration of Allah's
praises" (39:23), are a class apart.

They are the ones who, not only say by word of mouth, "Truly, my prayer and my
service of sacrifice, my life and my death are (all) for Allah ...." (6:162), but
demonstrate it in practical life. So, when Ramazan comes they recall the Message, "O
ye who believe! Fasting is prescribed for you" (2:183), they prostrate themselves like
obedient servants and say, "We hear and we obey" (2:285). "Not for them to question,
why."

Such people rejoice at the advent of Ramazan, for which they had been waiting in
eager expectation for eleven months. They spend the month in fasting, reciting the
Quran, giving alms and in prolonged prayers, particularly in the late hours of the
night, when man can communicate with Allah in absolute quiet.

But this should not at all be understood to mean that such people skip their normal
chores and duties during the month. On the contrary, they perform all those acts of
piety side by side with their normal daily business, reflecting the prayer, "Our Lord!
Give us good in this world and good in the hereafter." (2:201).

However, all believers are not at the same level of piety. Most of us are ordinary,
sinful, people. Actually, we are "Muslims," not "Momins," in the real sense of the term.
To us applies the anecdote of some desert Arabs who had claimed, "We believe
(aamanna)," only to be reminded "Ye have no faith. But say 'We have submitted our
wills to Allah (aslamna),' because faith has not yet entered your hearts." (49:14).

The Ramazan fast is for the whole month - thirty days or twenty-nine, at a stretch. No
break is permissible except in certain clearly defined cases. It was natural that this
command to trigger the feeling among some people that this stressful duty was
imposed on the followers of Prophet Muhammad (S.A.W.), only. Therefore, to put
their minds at rest, believers were reminded that such was not the case.

Ramazan fast was not an innovation exclusively for the ummah. Fasting was ordained
on others before Islam - the Jews and Christians. "O ye who believe, fasting is
prescribed to you as it was prescribed to those before you," Allah pointed out. He
even explained the purpose behind prescribing the fasting, namely, "that ye may
(learn) self-restraint." (2:183).

But a few other questions would still bother the common Muslim. For example, "even
if it had to be thirty days, why consecutively? Why not allow the period to be spread
out all over the year, at the individual's own will?"
Study Notes by Aamir Mahar 23
Turning to the question of consecutive fasting versus its alternative, first, the former
is more convenient if you ask anyone who fasts this way. The reason is simple. When
people all around are fasting, and food and drink are not on display, it creates a
congenial ambience. So an individual who fasts becomes a part of the crowd. He
forgets the pressure of hunger or thirst and completes his fast without any
discomfort.

By contrast, if one were to fast at any other time, he would feel singled out, and
become self-conscious. He would also experience the stress of resisting food and
drink when it will be available aplenty, all over the place. If he is a smoker, the
"aroma" of tobacco when others around him are smoking would hit his olfactory
senses to torment him. And above all it would not be possible to offer taraweeh
prayer in a congregation and listen to the recitation of Quran.

Besides, in case of consecutive fasting, after the initial few days, it would become a
routine. A sort of habit would form after one has adjusted to the new schedule of
daily meals. On the other hand if one were to observe the fast by fits and starts, every
time it would be new exercise, and he would feel its rigour more acutely.

Another very tangible benefit of a full month of fasting is that it reduces air pollution
to the lowest level. There is no smoking either inside offices and stores or in the open.
This result could not be achieved by spreading out the thirty days over the full year.

And finally, due to its full month of fasting, Ramazan is a "culture." It touches every
Muslim and turns him towards piety, so that even those who do not offer prayers at
other time during the year, offer congregational prayers during this month.

Ramazan also creates its own peculiar ambience. Mosques wear a festive look and
overflow with people offering prayers. Even little children throng to the mosques. In
the afternoons everything wakes up into activity. Nights are full of life as stores and
eateries keep open till late hours. Nothing of this kind can happen if it is not a full
month of fasting.

But, far more importantly, consecutive fasting is necessary to discover the wisdom of
the Divine purpose, namely, "that ye may (learn) self-restraint." Evidently one can't
"learn" any lesson in one sitting or casual, occasional sittings, and especially a lesson
such as self-restraint. Every lesson requires practice to imbibe its benefits and
understand its virtue. The same applies to self-control. Indeed, the virtues of
self-restraint have been lauded through the ages in all religions and societies.

Many Muslims spend money to feed the poor, but in a detached sort of way. They do
not know the agony of a hungry stomach and a thirsty throat. Ramazan fast offers
them the unique opportunity to voluntarily undergo the experience so they may
genuinely feel for the poor.
Study Notes by Aamir Mahar 24
Fasting is not starvation. Starvation means suffering from lack of food. But in the case
of fasting there is no lack of food. It is a case of self-denial. It is a lesson in
self-restraint which is Allah's declared purpose behind prescribing Ramazan fasting.
And even yet, it has been made as convenient as could be. Thus, between the
breaking of one fast and the start of the next, people are free to eat and drink and
partake of whatever bounties Allah has endowed him/her with including performing
their marital functions.

Fasting has many benefits both in the physical and the spiritual spheres. On the
practical side, it has been admitted to be one of the oldest therapies. Hippocrates
believed that in fasting the body heals itself. Eminent physiologists have hailed
fasting as "the single greatest natural healing therapy", and nature's universal
"remedy" for many physical problems. These problems include hypertension and
heart disease, allergies, diabetes, and cancer. Fasting has a therapeutic and
preventive effect for many of these conditions. The most common everyday
application of fasting is in the case of indigestion.

Hardship there is in fasting. No question about that. Fast begins from the time when
"the white thread of dawn appears to you distinct from its black thread, until night
appears" (2:187). During this period of at least twelve hours, (longer during summer)
not a grain of food, nor a drop of water, must pass down the throat. Every Muslim,
who is at his home, is bound by the command, (2:185), except sick people, women
during their period and those on a journey. But they must complete the count later.

But then, Ramazan is a test of faith. And every test, even the most mundane one,
imposes some hardship. It is also a rewarding experience, both for the purification of
the soul, for which it acts like a catharsis, and for the prevention and cure of many a
physical ailment. The length of time it requires to go without food and drink may
appear too discouraging to a prospective entrant. But that is true of every adventure.
No lecture can convey the real purport of Ramazan fast, as fasting itself.

Belief in the 'Hereafter' (Jafar Wafa)


Belief in God and in the Day of Judgment and noble deeds are the three prerequisites
of reward from the Lord - immunity from any kind of fear and all kinds of sorrow
(Quran 2:62 & 5:69). Thus, belief in the Hereafter is second only to belief in God.

According to Muslim theologians, belief in the life hereafter rests on five articles of
faith: (1) human beings are a responsible species and, thus, accountable to the
Creator for all actions - good, bad and indifferent; (2) The present world is ephemeral,
destined to end with a few bangs on the 'last day' known only to the Creator; (3)
another universe will come into being in place of the present one and the entire race
of mankind that had once lived on the earth from the inception of human life till its
Study Notes by Aamir Mahar 25
end will be recreated and assembled at one place for accountability of every
individual soul, in a transparent, fairest and most judicious manner.

(4) Those adjudged as good will be ushered in a delightful, pleasurable and


permanent resort called Heaven and those adjudged as bad will find themselves in a
place of torment, called Hell; (5) acquisition of luxuries or inability to acquire them in
earthly life is, in the final analysis, not the criterion of real success or failure.

Belief in resurrection and accountability predates the Abrahamic faiths that


originated in the land of the Syriac Semites, the land known as the 'cradle of
civilization'. The ancient Egyptians, having no association with the Semitic people,
buried their dead monarchs in huge pyramids with all their precious jewels and
other belongings to be used by them after resurrection.

The ancient Greeks believed in an underworld called Hades, the abode of the dead as
well as a dark purgatory. The Zoroastrians of Persia who were of Aryan stock held
similar beliefs of reward and retribution as the Semitic people had. The South Asians
believed in transmigration of soul, an unending chain of birth and rebirths till
attainment of Salvation or Mukti.

Coming to Abrahamic faiths - Judaism, Christianity and Islam - the Jews believed in
Heaven and Hell with the stipulation that, being God's chosen people, they will suffer
the torment of Hell for a limited period ranging from three days to a few months.

Christianity's Book of Revelations, included in its New Testament, contains a graphic


description, in symbolic language, how six angels will blow the trumpet, one after
another, signalling the destruction of the universe and finally the seventh angel's
trumpet heralding the completion of "God's secret plan" and proclamation of power
being dedicated to the Messiah, and so on.

The way the Quran presents the idea of the Hereafter is entirely different from the
mythological approach of other faiths. It argues the main points that arise in one's
mind as to why the life hereafter is necessary, who the sceptics are, who are inclined
to disbelieve resurrection for reckoning and accountability and on what grounds they
reject this idea.

The Quran offers three cogent reasons for life hereafter: (1) Those who realize, after
pondering over the creation of galaxies after galaxies, all studded with planets and
stars gliding safely on their defined orbits without deviation, that this complex
universe was not created in vain but with a purpose - [3.190] (2) Such rational
human beings also have no doubt that the Being that produced the existing creation
can re-produce it for satisfying the purpose of creation, i.e., judging the performance
of the best of His creations - the human kind - [10-4]; (3) life hereafter is necessary
"to explain to mankind as to wherein they differed among themselves and to show to
the unbelievers that they were liars" - [16:39].
Study Notes by Aamir Mahar 26
Similarly, the Book categorises the main objectors of Hereafter. One is the group of
those who opine, "without sound knowledge and on mere guess work" that "there is
nothing beyond our life of this world - we die and we live and nothing destroys us
except Time" (45:24). The second group comprises those who consider resurrection
of the dead as a scientific impossibility, saying "who will revive those bones when
they have rotted away?" (36.78).

The answer to both the groups of 'intellectuals' who are inclined towards incredulity
is provided in words meaning that such persons do not ponder over their own
creation or have forgotten the fact of their own creation "from a drop of seed" and yet
graduating into "open opponents" of the Creator.

As to who will resuscitate the rotted bones, the doubter should be told that "He will
revive them (the bones) who produced them in the first instance." (36: 77-79). There
is no effort to dictate from a high pedestal but to furnish argument against a wrong
notion and flawed impression.

Muslim mystics (Sufis) and those who are disposed to be swayed by their reasoning,
mostly based on their muraqiba or contemplation in search of hidden truth, visualize
three abodes, not two - the present world and the world hereafter.

They interpose an abode called Barzakh (which begins from the grave till doomsday)
between the present world and the Hereafter. They base their judgment on two
verses of the Quran: One is in regard to the last wish of repentant agnostics in the
throes of death to be given a respite and sent back to earth so that they could then do
right kind of deeds. God's answer to their last moment prayer is, "Nay behind them is
a barrier ('barzakh') until the day when they are raised." (23:99-100).

So, there is a buffer zone between earthly life and eternal life after resurrection. The
second verse from which the mystics derive support is God's words: "We know them
(the hypocrites and agnostics) and we will chastise them twice thereafter they will be
relegated to the painful doom" (9:101).

This two-time chastisement before 'painful doom' meaning torment in Hell after the
Day of Judgment, suggests chastisement in the earthly life and in the buffer zone after
death and before resurrection.

They further suggest that in this world physical body is prominent while the soul is
hidden and whatever pleasure or pain affects the soul is through the medium of the
body. In the second abode (Barzakh) the pleasure and pain will be experienced by
the soul directly, the body being non-existent.

In the third and final abode, the world after the Day of Judgment, both the soul and
the body will become prominent, but the body will be quite different from this
Study Notes by Aamir Mahar 27
world's physical mould; they will be in accordance with the nature of deeds
performed by every soul during life on earth.

Beyond dogmas & rites


Even those Islamists who are campaigning for political power to establish a
Shariat-compliant civil administration and financial system lay all the emphasis on
dogmas and observance of religious rites which are already followed with amazing
uniformity by Muslims throughout the world. This not withstanding minor
differences in modalities and irrespective of where and under what form of
government they live.

This over-emphasis on the observance of religious rites, which promises a berth in


paradise, has made them completely neglectful of their duties as responsible and
honest citizens of the state and unmindful of their rights as human beings.
Consequently, most of them are being ruled by dictators, hereditary monarchs and a
corrupt bureaucracy.

It may appear paradoxical but is, unfortunately, a fact that the people who pray five
times a day, fast for a month and go for Umra and Haj at least once happen to be the
citizens of such states (barring notable exceptions) where, according to prestigious
international agencies, corruption is rampant and social development indices are
touching rock bottom.

It is for the religion political leaders to ponder why this baffling contradiction in
terms stares them in the face and what corrective approach is indicated.

This is a typical case of missing the wood for the trees. The sheer frequency with
which the Quran exhorts the believers to 'establish Salaat (worship in all its forms)
and pay Zakat (poor-due)' was led to the false assumption that this is the be-all and
end-all of faith.

The fact, however, is that this repetitive exhortation covers, symbolically, the
requirements of both worlds - present and the hereafter - Zakat to alleviate poverty
and mitigate economic hardship and salaat for reward in the next world. But this
should not obscure other ideas and axioms which are present in Islam from the very
beginning but have remained out of our theologians' focus in spite of the fact that
these have been "one by one" and generally, accepted by the West.

"These are the duty of free thought and free inquiry, the duty of religious tolerance,
the idea that conduct and not creed or class distinction should be the test of a man's
worth in law and social intercourse, women's right to full equality with men before
the law, her rights to property, the licence to divorce and remarry, the duty of
personal cleanliness, the prohibition of strong drinks..."

Study Notes by Aamir Mahar 28


These quotations are from the British Muslim scholar, Marmaduke Pickthall's
"Madras Lectures". These well-known ingredients of the Shariat have been adopted
in stages, by the modern civilized societies without acknowledging the debt to Islam.

What is lamentable is that our learned clerics have not treated this subject with the
importance it deserves, as it would have acquainted the laymen and students of
religious seminaries with the valuable contribution their religion has made to
reclaim the West from its barbarism of the Middle Ages and as an example for other
non-Muslim societies in respect of social and legal rights of their male and female
citizens.

To the ulema such axiomatic principles enunciated originally by Islam, which have
now been accepted and adopted universally, are purely secular in character and are
outside the purview of religion.

This is the main reason why they do not highlight them as Islam's contribution to
reform other societies that had no inkling of gender equality in the sense that women
have the same rights and duties as men, and that there being "no compulsion in the
matter of religious belief" (according to Quranic pronouncement) lacked religious
tolerance. Thus they waged the infamous crusades, erratically, dragging on for three
centuries to finish off a rival religion.

In short, our ulema compartmentalize the secular and the sacred separately, the way
the Christian church did in its heyday and viewed with disdain the Islamic axioms
and ideas mentioned by Pickt hall and called them irreligious and outside the domain
of religion. The matter, according to them, concerned itself only with dogmas and
doctrines of Christian faith and tenets governing prayers and worship.

Our ulema also overlook the fact that, much before the French Revolution, Islam laid
the foundation of a socialist system enunciated by 'revealed' guidance which not only
stressed economic justice but also piety and God-consciousness.

Allama Iqbal, contrasting Islam with Marxist Communism - "equality of stomachs", as


he calls it in Javed Nama - says that the latter is "lacking in the illuminating flash of
divine revelation".

Therefore, one can call the Islamic system, which lasted in its pristine purity for
about 60 years during the lifetime of the earliest four caliphs, as a happy blend of
social and economic morality.

Political theorists of post-Renaissance Europe like Rousseau, Voltaire, and Hobbes,


standing on the opposite extreme end, ignored entirely the spiritual aspirations and
sensibilities of mankind, just at our present - day 'ulema' overlook the economic and
other mundane aspects, considering them irrelevant to their mission.

Study Notes by Aamir Mahar 29


The banishment of communism from Russia, after the collapse of the Soviet system,
proves that a system which has no moral or religious basis and seeks to provide only
a square meal a day to all citizens and health care and education to those who need it
is bound to collapse like a house of cards once an economic crisis develops in the
land.

Another lesson that one can draw from the disintegration of the Soviet Union after 70
years of its enforced initially by means of repressive organs (like the dreaded KGB)
and exemplary punishments, can work satisfactorily only as long as there is
economic satisfaction in the country.

It is beyond the scope of this article to discuss the polemics of whether Shariat can be
adopted as the law of the land. It is difficult to convince the majority of right-thinking
persons that Shariat, as interpreted by our ecclesiastical class today, which is not
different from how it was interpreted by our venerable jurists eight centuries ago,
can look after the requirements of the complex fabric of a
political-cum-financial-cum-administrative infrastructure in the present age where
globalization is the buzz-word and no state, however strong militarily and
economically, can carve for itself a completely independent path.

A path based on ideas and traditions of the remote past is not likely to satisfy the
global concerns of human rights. For instance, in respect of harsh punishments like
the death penalty which are now being outlawed.

It is inconceivable that the world community will not feel outraged if corporal
punishments like flogging, amputation of human limbs and stoning to death,
according to Hudood laws, are awarded by the judiciary and implemented by the
executive arm of the government.

Similarly, restricting all overseas trade and commerce to riba-free transactions may
not be feasible unless the intention is to stand alone on the world stage, come what
may. This introduces the subject of ijtehad, or re-interpretation on the basis of Qiyas,
or analogy, so as to make the divinely-revealed injunctions applicable in the situation
prevailing today on the planet as a whole.

It is an encouraging aspect of our history that, during the last 13 centuries from the
Khilafat originating in Madinah till its abolition on the dismemberment of the
Ottoman caliphate in the first quarter of the 20th century, Muslim thinkers and
administrators displayed an amazing genius in adaptation and transformation of the
Byzantine, Sassanid and post-Renaissance European principles and art of
government and their application in running and managing the Khilafat successfully.

Blessings of fasting (Sirajuddin Aziz)

Study Notes by Aamir Mahar 30


Even before the advent of Islam, it was customary for Arabs to devote a certain
period of the year to exclusive worship and prayer. Muhammad Hussein Heykal in his
biography of the Prophet (peace be upon him) has referred to this tradition as, "the
Arabs annual retreat".

He states that much before the revelations, the Prophet would each year spend the
whole of Ramazan in the cave of Mount Hira, devoting himself uninterruptedly to his
spiritual pursuits in peace, solitude and tranquillity.

The sacred month of Ramazan is in fact an annual invitation to delinquents to shed


evil ways and put on the garb of humility. The Holy Quran states, "O ye who believe!
Fasting is prescribed for you, even as it was prescribed for those before you, that ye
may ward off evil" (2:183).

The regulations pertaining to Ramazan in Chapter II of the Holy Quran are coupled
repeatedly with the emphasis on two aspects: facilities and concessions given in
respect of fasting and the spiritual significance of fasting.

The verse i.e. II: 187, that follows the ordinance about Ramazan, is of particular
significance to the concept of self-denial and offers limitless assurances to those who
fast, "when My servants ask thee concerning Me, I am indeed close (to them). I listen
to the prayer of every suppliant when he calleth on Me..."

According to a tradition, the Prophet said, "Verily, a month of blessing has come to
you... Allah has made obligatory the fast of it on you. The doors of paradise are
opened during it, while the doors of hell are closed.

Satan is put in fetters. There is a night in it, which is better than one thousand months.
Whoever is deprived of the goodness of it is really a deprived person."

Thus fasting has been enjoined and made incumbent upon every Muslim adult but
with the condition that he must be fit physically for it. A sick person, one who is
travelling, an old person and one who finds the severity of fast hard to bear on
account of age or other infirmities are exempt. But for the sick and the traveller this
is a temporary exemption, they have to complete the period on other days. "And
whosoever of you is sick or on a journey let him fast the same number of other days."
(2:185).

Yusuf Ali, in his commentary on the Holy Quran, writes, "Illness and journey must not
be interpreted in an elastic sense; they must be such as to cause pain and sufferings."

On the other hand, Allah does not wish to burden the man who has permanent
infirmity. For such a person the Quran states: "And for those who cannot afford it
there is ransom, the feeding of a man in need." (2.184).
Study Notes by Aamir Mahar 31
Fasting infuses in man a great degree of determination and trust in Allah, imparts
loftiness to his character and personality. There is a tradition related by Abu Hazim,
that the apostle of Allah once said, "In Paradise there is a gate named ar-Rayyan
through which on the Day of Reckoning those who fast will enter, and through which
none but they will enter." It is said that the Prophet during Ramazan was more
generous than the rain-bearing wind.

Ramazan is a month of patience. Every Muslim during the course of this holy month
has to observe utmost patience against all provocations. "The object of fast is to
attain righteousness, patience in adversity, steadfastness in deprivation and to
increase one's power of resistance.

Fasting places everybody the rich and the poor; the high and the low on the same
pedestal. Both the well to do and the less favoured experience in common the pangs
of hunger and privation to an equal degree.

"Muslim fast is not meant for self-torture. Although it is stricter than other fasts, it
also provides alleviations for special circumstances. It is not merely a temporary
abstention from food and drink but this abstention enables the attention to be
directed to higher things" writes Yusuf Ali.

Fasting accustoms us to face hardships of life - by renouncing everyday comforts; we


give strength to our resolve and increase our power of resistance. It must not be
forgotten that the whole purpose of fasting during Ramazan is to promote
righteousness, which is a progressive cultivation of spiritual values.

The Prophet was very particular and emphatic in drawing attention to this aspect of
fasting. He said, "He who abstains from food and drink during the period of fasting
but does not strive to abstain and safeguard himself against moral lapses, starves to
no purpose."

Maulana Mohammed Ali Jauhar in his eloquent discourse "The Religion of Islam"
comments, "the injunction laid down in the Holy Quran runs as follow: "the month of
Ramazan is that in which the Quran was revealed..." (2:185).

It will be seen from the words of the injunction that the choice of this particular
month is not without reason. It is well known that the Holy Quran was revealed
piecemeal during a period of 23 years; therefore, by its revelation in the month of
Ramazan is meant that its revelation began in that month. And this is historically true.
The first revelation came to the Prophet during Ramazan when he was in the cave of
Hira. The month which witnessed his greatest spiritual experience was thus
considered to be the most suitable month for the spiritual discipline of the Muslim
community which was to be effected through fasting."

Study Notes by Aamir Mahar 32


During Ramazan falls the night of al-Qadr on which day the Prophet received his call
and the first verses of the Holy Quran were revealed at Mount Hira. "Lo! We revealed
it on the Night of Power. (97.1).

It is on this night that God's decree for the year are brought down on the earthly
plane. "And angels and the spirit descend therein, by the permission of their Lord,
with all decrees."(97.4).

"The Night of Power is better than a thousand months." That is how this verse is
interpreted "A thousand nights must be taken in a very indefinite sense as denoting a
very long period of time. One moment of enlightenment under God's light is better
than a thousand months/years of animal life and such a moment of enlightenment
translates into a period of spiritual glory."

The Holy Prophet said about al-Qadr that whosoever rises up for vigil and prayers
during the night of al-Qadr with faith, and in hope of recompense, will have all his
previous sins forgiven. The most significant aspect of "fasting" is the reformation of
the "self" through a conscious management of the "self". It is this process, which is to
receive our utmost attention, while we engage in fasting.

If this objective is not achieved, then fasting would be a ritual without a purpose. The
object is to make our behaviour symbolic of the virtues attending to fasting such as
mercy, generosity, truthfulness, endurance, patience and fortitude.

We should not defeat and outrage the primary teaching underlying this fundamental
injunction of Islam, because in the final analysis, fasting erases from the believing
soul every evil, it perfects and liberates the human spirit and directs it towards
common welfare, thus helping in the establishment of a righteous and stable society.

Book of guidance (Haider Zaman)


Besides being a book of guidance (2:2), the Holy Quran is also a book of wisdom and
knowledge (36:2). This is evident, among other things, from the most scientific, yet
easily comprehensible, way in which the Quran guides us towards a definite goal.

The entire scheme of guidance has been summed up just in one verse which says
"Who has created and then proportioned: Who has measured and then guided"
(87:2,3). The words "created" and "proportioned" in the verse imply the creation of
human beings in the best possible form (95:4), a form that could suit the objectives of
their creation.

The word "measured" in the verse implies that Allah took calculated account of both
the capabilities and frailties with which human beings were born so as to devise a
proper scheme for their guidance. The word "guided" implies the provision of
Study Notes by Aamir Mahar 33
appropriate guidance.

The rationale for guidance is manifest from the verses which say: "He it is who made
you vicegerents in the earth" (6:165) and "does the man think that he will be just left
to himself" (75:36). What is spelled out by these verses combined, is that human
beings were created to act as Allah's vicegerents on earth for which they had to be
provided necessary guidance with a view to attain the desirable level of development
- the level that could enable them to discharge their responsibilities as Allah's
vicegerents in a befitting manner.

The desirable level of development has been explained by the Quran thus: "In fact the
one who repents and does righteous deeds returns to Allah as he rightly should"
(25:71). Return to Allah means submission to the Will of Allah. The highest level of
development has been explained with reference to Hazrat Ibrahim which could be
total submission to the Will of Allah and doing righteous deeds (4:125). These two
levels have been further explained by the Quran as people on the right hand (having
attained the desired level of development) (56:8) and people being foremost in the
race (having attained the highest level of development (56:10) and supplemented by
reference to two kinds of paradises (55:46,62) and the principle of recompense,
namely, that for all there will be ranks according to what they do (46:19).

The Quran also tells us about the inclinations of human soul that have direct bearing
on the levels of development. One is the inclination towards doing wrong and evil
deeds, termed as Nafs-i-Ammarah (12:53).

The other is towards realization and repentance i.e. to realize immediately if one
does something wrong, that what he has done is termed as Nafs-i-Lowwamah (75:2).
The third is towards doing good and righteous deeds, termed as Nafs-i-Mutmainnah
(89:27) also called the soul at peace.

These inclinations of the soul are in turn influenced by two elements. One of them
consists of frailties and weaknesses common to all human beings. They are: inability
to resist lust (4:27,28), leaning towards injustice and unfairness (14:34), hastiness
(17:11) ingratitude (17:67), contentiousness i.e. not prone to accepting one's own
faults or shortcomings (18:54), niggardliness i.e. reluctance to part with what one
has (17:100) and anxiety (70:19,20).

These frailties influence these inclinations in the sense that they activate
Nafs-i-Ammarah and suppress the other two inclinations of the soul. For example,
inability to resist lust, leaning towards unfairness, and contentiousness activate
Nafs-i-Ammarah and thereby impel one to do wrong and evil deeds.

At the same time they suppress Nafs-i-Lowwamah and Nafs-i-Mutmainnah as a


person under the influence of these frailties neither repents over whatever wrong he
does nor is he ever inclined to do any good or righteous deeds. The other element
Study Notes by Aamir Mahar 34
having direct impact on these inclinations consists of faculties that the human beings
have been endowed with. They are: the hearing, sight, affection and intelligence
(16:78), mercy and love (30:21), the ability to make distinction between right and
wrong in regard to one's own conduct (91:8) and above all the provision of guidance
(76:3) (20:123,124).

There exists direct relationship of cause and effect between the criteria of desirable
level of development, namely, repentance and doing of righteous deeds, and the three
inclinations of the soul as described above.

A person repents over whatever wrong he does and vows not to do any wrong again
only when his Nafs-i-Lowwamah is activated and Nafs-i-Ammarah is suppressed or
controlled. Repentance in this context involves two things. One is the activation of
Nafs-i-Lowwamah because the person realizes his fault or mistake and reproaches
himself for it.

The other is the suppression of Nafs-i-Ammarah because repentance involves not


merely the expression of regret over the wrong done but also firm determination of
not doing any wrong again which implies nothing but suppression of
Nafs-i-Ammarah. Repentance without solemnly undertaking not to repeat any wrong
cannot be treated as repentance. Likewise, a person is impelled to do righteous deeds
only when his Nafs-i-Mutmainnah is activated.

Repentance in the true sense could be reflective of three things. One is firm faith in
the existence and Unity of Allah and in the fact that Allah is All-knowing and takes
note of every thing one does. The other is the fear of Allah. The person repents over
what he has done because he knows that Allah is well aware of what he has done and
will duly requite him for it. The third is the faith in the graciousness and compassion
of Allah, that Allah will certainly forgive him if he sincerely repents over what he has
done and vows not to do any wrong again.

Pardoning of Adam (A.S) when he did that which he was forbidden to do (7:23) and
of Moses (A.S) when he killed a person by chance (28:16) and of Yunus (A.S) when
after deserting his mission he was swallowed by a fish, after repentance, could be the
best examples in this regard. One thing which was common in the expression of their
regret was the unequivocal admission that it were they who had wronged
themselves.

Thus, in order to attain the desirable level of development, Nafs-i-Lowwamah and


Nafs-i-Mutmainnah have to be activated and Nafs-i-Ammarah has to be suppressed
or controlled to a desirable extent if not to be completely suppressed (the occasion
for repentance arises when one does something wrong).

In other words, Nafs-i-Ammarah has to be controlled to avoid the commission of


major sins at least if it is not possible to avoid the commission of all the sins. The
Study Notes by Aamir Mahar 35
Quran treats the persons avoiding the worst of sins, not all the sins, as being rightly
guided (42:37).

The suppression of Nafs-i-Ammarah and the activation of other two inclinations of


the soul will depend largely on how we make use of the faculties that Allah has
bestowed on us and the guidance He has provided us.

Hazrat Yusuf controlled his lust and thereby Nafs-i-Ammarah when he perceived the
Divine argument (12:24). He was helped by four elements in perceiving the Divine
argument and avoiding what he was invited to do.

They were the use of reasoning and conscience coupled with guidance that enabled
him to know that what he was invited to do fell in the category of major sins and its
outcome. The other was the fear of Allah that impelled him to refrain from doing that
which he was invited to do.

The use of appropriate faculties coupled with guidance and the fear of Allah on the
one hand and firm faith in the Mercy and Magnanimity of Allah, on the other, could be
of great help in activating Nafs-i-Lowwamah and Nafs-i-Mutmainnah.

Caliph Umar's pivotal role (Dr Dildar Ahmed)


Despite much rhetoric on the part of governments of various hues, good governance,
rule of law and real democracy is a dream that unfortunately does not seem to come
true in the Islamic world. For a sincere government, however, there is a lot to learn in
the way Hazrat Umar, the rightly-guided second caliph, ruled more than 14 hundred
years ago. The total area of his caliphate was around 23 lakh square miles with
continuously expanding its frontiers. To rule over such a big caliphate stretched from
Libya to Makran and from Yemen to Armenia, Hazrat Umar had to establish an
entirely new administrative system. For the Arabs, in fact, it was for the first time
that such a central government was established.

Hazrat Umar believed in shura and what today we call the devolution of power. He
would take no decision without the consultation of the assembly of the great
Companions. Common people were also consulted on matters of special significance.
He used to say: "There is no concept of caliphate without consultation". The roots of
modern democracy can be clearly seen in the administration of Hazrat Umar at a
time when the whole world was ruled by despotic kings and emperors.

Hazrat Umar divided the whole country into provinces and smaller units. He followed
a very strict standard for the appointment of governors, and took particular care to
appoint men of approved integrity to high offices under the state.

Study Notes by Aamir Mahar 36


He kept a watch over them like a hawk, and as soon as any lapse on their part came
to his notice, immediate action was taken. Before assuming his responsibility, a
governor was required to declare his assets and a complete inventory of his
possessions was prepared and kept in record. If an unusual increase was reported in
the assets of a governor, he was immediately called to account and the unlawful
property was confiscated by the state. At the time of appointment, a governor was
required to make the pledge: (1) that he would not ride a Turkish horse; (2) that he
would not wear fine clothes; (3) that he would not eat sifted flour; (4) that he would
not keep a porter at his door; and (5) that he would always keep his door open to the
public. This is how it was ensured that governors and principal officers would behave
like common people and not like some extraordinary or heavenly creatures.

The governors were required to come to Makkah on the occasion of the Haj. In public
assembly, Hazrat Umar would invite all those who had any grievance against any
office to present the complaint. In the event of complaints, inquiries were made
immediately and grievances redressed on the spot. The rightly-guided caliph also
established a special office for the investigation of complaints against the governors.
The department was under the charge of Muhammad bin Maslamah Ansari, a man of
undisputed integrity. In important cases Muhammad bin Maslamah was deputed by
the caliph to proceed to the spot, investigate the charge and take action. Sometimes
an inquiry commission was constituted to investigate the charge. On occasions the
officers against whom complaints were received were summoned to Madinah, and
put to explanation by the caliph himself.

Hazrat Umar was a man of inflexible integrity. He believed in simplicity and had
contempt for pomp and luxury. Strong sense of justice, accountability before law, and
equality for all were some of his cherished ideals. He took particular pains to provide
effective, speedy and impartial justice to the people. He was the first ruler in history
to separate judiciary from the executive. Qazis/judges were appointed in sufficient
numbers at all administrative levels for the administration of justice. They were
chosen for their integrity and learning in Islamic law. High salaries were fixed for
them and they were not allowed to engage in trade.

In one of his ordinances issued to judicial officers, Hazrat Umar laid down the
following principles: "Verily justice is an important obligation to God and man. You
have been charged with this responsibility. Discharge the responsibility so that you
may win the approbation of God and the goodwill of the people. Treat the people
equally in your presence, in your company, and in your decisions, so that the weak
despair not of justice and the high-placed have no hope of your favour..."

Hazrat Umar took particular steps to build a social order according to the teachings
of Islam. He brought about far-reaching reforms in the social, economic and political
sphere of collective life. It is but he who could say: "If a dog dies at the bank of
Euphrates, Umar will be responsible for that".
Study Notes by Aamir Mahar 37
As a consequence of large-scale conquests in Iraq, Persia and elsewhere a question
arose as to the administration of land in the conquered territories. The army
following the old maxim "spoils belong to the victors" insisted that all agricultural
lands should be distributed among the conquering army, and the inhabitants should
be made serfs and slaves. However, Hazrat Umar, after prolonged counselling and
contemplation, rejected army's demand and decreed that the conquered land would
be the property of the state and not of the conquering forces and the former
occupants of the lands would not be dispossessed.

This was a revolutionary decision. His general decree was that land belonged to the
person who could cultivate it, and that, a person is entitled to possess only that much
land that he could cultivate. The caliph upheld the principle that there is no coercion
in religion and the non-Muslim population was guaranteed life, liberty, and property.
The non-Muslims were treated as full citizens of the state. There was to be no
discrimination between Muslim and non-Muslim in the eyes of law. Even on his
death-bed, the caliph thought of the state's responsibility to the non-Muslim citizens.

In his bequest to his successor, he said: "My bequest to my successor is that


covenants with ahl-ud-dhimma i.e. the People of the Covenant or Obligation, should
be observed faithfully. They should be defended against all invasions. No injustice
should be done to them. They should be treated as full-fledged citizens and should
enjoy equality before law. Their taxes should be fair, and no burden should be
imposed on them which they cannot bear."

The high standards of integrity that Hazrat Umar set for himself and his family
members should be emulated by the rulers of today, particularly those of the Muslim
world. The allowance that he drew was just enough for a person of average means.
When the people around him insisted that his allowance should be raised, he refused
to accept any increase. He ate the most ordinary food, and wore clothes of the
coarsest cloth. Once he was late for the Friday prayer and the explanation that he
offered was that he had his clothes washed, and that took some time to dry which
delayed his departure for the mosque. When the envoy of the Byzantine emperor
came to Madinah, he expected that the caliph would be living in a heavily guarded
palace. The envoy found no palace and no guard.

He found the caliph sitting in the mosque in the company of ordinary people. When
he went to Palestine to receive the surrender of the city of Jerusalem the world
witnessed the strange spectacle of his slave riding the camel, and he himself walking
on foot holding the reins of the camel.

Once Hazrat Umar's wife, Umm Kulsum, purchased perfume for one dirham and sent
it as a gift to the Byzantine empress. The Byzantine empress returned the empty
phials of perfume filled with gems. When Hazrat Umar came to know of this, he sold
the gems. Out of the sale proceeds he handed over one dirham to his wife and the rest
Study Notes by Aamir Mahar 38
was deposited in the state treasury. Hazrat Umar's son Abdullah was a very talented
man but he refused to give him any office. Hazrat Umar was a great social and
political reformer, and a man of extraordinary vision. He was the first Muslim ruler to
establish public treasury, courts of justice, appoint judges, set up an army
department and assign regular salaries to the men in the armed forces.

He created a land revenue department and was the first ruler under whom survey
and assessment work of land was undertaken. He was the first Muslim ruler to take a
census, strike coins, organize police department, and set up jails. He established
guest houses in all cities, rest houses on road-side from Madinah to Makkah for the
comfort of travellers. Hazrat Umar took special measures to minimize slavery. He
ordered that any female captive who had given birth to a child should not be sold as a
slave. He established schools throughout the country, and allowed generous salaries
to school teachers. He fixed stipends for the poor and the needy, and provided for the
care and upbringing of orphans. His caliphate was, in fact, a great welfare and
egalitarian state.

Hazrat Umar (581-644 A.D.) was a great companion and a loyal friend of the Holy
Prophet, may peace and blessings of Allah be upon him. Before his death, Hazrat Abu
Bakr, with the consultation of the Companions, had appointed him as the caliph.
During the ten years of his rule from 634 to 644 A.D., Hazrat Umar changed the
course of history.

Under his wise and courageous leadership, the Islamic caliphate grew at an
unprecedented rate, taking Iraq and parts of Iran from the Sassanids, and thereby
ending that empire, and taking Egypt, Palestine, Syria, North Africa and Armenia from
the Byzantines. He was assassinated by a Persian free slave, Abu Lulu Fairoz, and
embraced shahadat on first of Muharram, 24 Hijri.

Case against polygamy (Qazi Faez Isa)


The caricature of a Muslim man in non-Muslim societies is of a husband having four
wives. The Muslim response is invariably apologetic. But can a Muslim man marry
more than once? This very question was asked on television of a lady armed with a
doctorate from the West who runs a network of Islamic schools. She tersely replied
that a man can marry more than once and does not require permission. An emphatic
response, which brooked no doubt and slammed shut the discussion. The conviction
with which an educated lady from one's faith endorsed a prejudice, saddened and
hurt.

The majestic words of the Most High are often forgotten or else subjected to
uninformed, whimsical and arbitrary pronouncements. The Almighty directs us "to
study" the Quran (2:121). In addressing the question of polygamy, guidance can be
had from a number of Quranic verses.
Study Notes by Aamir Mahar 39
The Quranic verse pressed into service to justify a man marrying up to four wives is
verse 3 of the fourth Surah (chapter) entitled Nisaa (women). This verse is often
selectively read and mistranslated. To best appreciate the issue, the entire verse and
its preceding two are reproduced:

"O mankind! Reverence your Guardian-Lord, Who created you from a single person,
created of like nature, his mate, and from them twain scattered (like seeds) countless
men and women; reverence Allah, through whom ye demand your mutual (rights),
and (reverence) the wombs (that bore you): for Allah ever watches over you."(4:1)

"To orphans (yatama) restore their property (when they reach their age), nor
substitute (your) worthless things for (their) good ones; and devour not their
substance (by mixing it up) with your own. For this is indeed a great sin."(4:2)

"If ye fear that ye shall not be able to deal justly with the orphans (yatama), marry
from amongst them women of your choice, two, or three, or four; but if ye fear that ye
shall not be able to deal justly (with them), then only one.... That will be more suitable,
to prevent you from doing injustice". (4:3)

In certain translations the aforementioned verse 3 is translated by leaving out the


words "from amongst them" rendering it, "If ye fear that ye shall not be able to deal
justly with the orphans (yatama), marry women of your choice, two, or three, or
four."

Such a truncated translation leaves the text meaningless and it cannot be stated, as
the exponents of four marriages contend, that the part of the text "marry women of
your choice, two, or three, or four" stands alone, and has no nexus with the earlier
part of the same verse.

This translation also offends the latter part of the verse, which uses the words "fear"
and "justly" words which are also found in the opening of the verse, and therefore,
clearly demonstrate that the verse must be read as a whole.

Those canvassing polygamy attempt to refute this by stating, "then the word 'women'
appearing in the text adds nothing?" However, if the term "women" (menan nisaa)
did not follow orphans (yatama) then "yatama" appearing alone would cover boys
and young girls, since the term yatama includes both.

The earlier verse (4:2) which warns about safeguarding the property of yatama
extends to protect the property of both girls and boys, as the word "yatama" is not
qualified. Moreover, the term that follows yatama is not simply "women" but "those
women" (menan nisaa), which means the women amongst the yatama, and therefore,
the reference to two, three, or four" can only be to yatama women and not women
generally.
Study Notes by Aamir Mahar 40
The term yatama is usually translated as "orphans"; however, the Arabic word is rich
in meaning. In English, an orphan is one whose parents are dead, but in Arabic a child
whose mother is dead but whose father is alive is not a yatim (singular, the plural of
which is yatama).

Women whose husbands are dead are also covered by the term yatama as the Quran
itself makes clear by use of the term yatamal nisaa (4:127). Girls whose fathers are
dead would continue to remain "yatama" until they get married.

This verse prescribes the protection of not only women whose fathers are dead but
also other categories of females who are in a precarious or vulnerable position such
as maids and widows, who may be more open to exploitation. Or the hunger in their
bellies or those of their children may force them to walk a scarlet street.

Only in marrying a yatama (adult lady) can a man marry more than once. However,
there is an almost impossible condition to fulfil before marrying more than one
yatama lady; the mandate to deal with all such wives justly and equally.

Because "if ye fear that ye shall not be able to deal justly (with them), then only one".
The equal-treatment requirement is a continuous one for the entire duration of the
marriage. Our Benevolent Creator does not want any man to slip up and cautions
man again that a single wife will "be more suitable, to prevent you from doing
injustice".

Can a man treat two wives fairly and justly? Almighty Allah, tells man, later in the
same Surah (4:129), that, "ye are never able to be fair and just as between women,
even if it is your ardent desire".

Would then a God-fearing man embark on a perilous journey where he must


continuously and forever attempt the impossible - to act fairly and justly between
two or more wives? To be able to act fairly with two wives would require two hearts
in one body and "Allah has not made for any man two hearts in his (one) body"
(33:4).

Other than the aforesaid verse (4:3) there is no verse in the Holy Quran which
permits a man having more than one wife. There are, however, a number of verses
which suggest monogamy.

"Marry those amongst you are single" (24:32) is a command applicable to both men
and women. If a woman is marrying a man who already has a wife she would not be
marrying a man who is "single".

Verse 40 of Surah Nisaa is again suggestive of monogamy - "If ye decide to take one
wife in place of another", since there is only one "place" to occupy or take, next to the
Study Notes by Aamir Mahar 41
husband. If it were permissible for a man to marry more than one woman then it
would not be a question of substitution but of addition.

It is surely not without significance that the first verse of Surah Nisaa starts by telling
us about how the human race began; with the creation of a "single person" (Hazrat
Adam) and from him "his mate" (Bibi Hawwa). A monogamous relationship and a
perfect pair.

The pairing of the first man and woman populated the world. "O mankind! "We
created you from a single (pair) of a male and a female" (49:13). The theme of pairs
runs throughout the Holy Quran. "We ... produce on the earth every nobler creatures,
in pairs" (31:10). "He made you in pairs" (35:11). "He has made for you pairs from
among yourselves" (42:11). "And (have We not) created you in pairs" (78:8).

With trepidation, one inquires the purpose of Almighty Allah repeatedly telling us
that He has created us in pairs. The answer, too, is found in the Book of Wisdom:
"Thus does Allah set forth for men their lessons by similitudes" (47:3). And "do not
treat Allah's Signs (ayah or verses) as a jest"(2:231).

The Lord of the Worlds explains through the Quran that He has made His creation in
perfect proportion, measure and balance. "Verily, all things have We created in
proportion and measure" (27:49).

"He has created the heavens and the earth in just proportion and has given you shape,
and made your shapes beautiful" (44:3). In a world of such perfect order and balance,
where men and women are found in roughly equal numbers, harmony could not be
maintained if each, most or even some men were to marry more than one woman.
And monasticism is neither prescribed nor recommended (see 57:27).

The relationship between spouses is one of companionship, love, beauty, joy and
comfort, which harbours not a third, or a fourth, or a fifth. "It is He Who created you
from a single person, and made his mate of like nature, in order that he might dwell
with her (in love).

When they are united, she bears a light burden and carries it about. When she grows
heavy, they both pray to Allah their Lord: 'If Thou givest us a goodly child, we vow we
shall (ever) be grateful' " (9:189).

The source of affection between a husband and wife is a gift from our Supreme Lord,
the Source of Peace, who bestows "hearing and sight and intelligence and affections"
(16:78).

"He hath put affection between their hearts: not if thou hadst spent all that is in the
earth, couldst thou have produced that affection, but Allah hath done it" (8:63). An
affection that only a pair can share, like the intimacy, texture, feel and smell of a
Study Notes by Aamir Mahar 42
garment next to one's body - "They are your garments and ye are their garments"
(2:187).

The due proportion and balance of creation may at times be imperfect, with the dead
left in the battlefields and the widows at home, or in the form of the impecunious
young orphan lady whose hunger contemplates prostitution.

In a world of perfect balance there must be a mechanism to repair the fabric of


society. And in the Perfect Book (in verse 3 of Surah Nisaa) there is for the purpose
just such a needle and thread.

The needle is there to mend not to harm, to stitch a tear not to pierce open another.
But those who take more than one wife, do they take them from amongst the yatama,
from among widows, and unmarried orphans who no one wants to marry? Or does
one witness in the second, third or fourth wife youthful freshness and comely forms?
An abandonment of "the command of self-restraint" (48:26) and a rejection of Allah's
message - "they reject (the warning) and follow their (own) lusts" (54:3).

The only time that the Lord of Righteousness places the burden of another on a soul
is when such a one misleads those without knowledge. "Let them bear, on the Day of
Judgment, their own burdens in full, and also (something) of the burdens of those
without knowledge, whom they misled. Alas, how grievous the burdens that they will
bear" (16:25).

The Quran prescribes monogamy and the only exception is in respect of unmarried
ladies whose fathers are dead, or are widows. This exception cannot replace the rule,
nor be used to indulge in lust. It is there, as it states, to justly restore a balance.

Character in Islamic context (Prof. Mohammed Rafi)


The character of a person consists of all the qualities that make him distinct and
reflect his nature. Character is also reflection of truth. All over the world the Muslims
feel angry at the misconceived notions of the West about them and Islam. On the
other hand, among the Muslims emphasis is laid on rituals and not on the true
message of the Quran, which places man and his character on a higher level of life.

When Islam is judged in the light of character, attitude and behaviour of Muslims, the
net result is abysmally low and discouraging. The outward signs of a weak character
are commonly believed to be corruption, injustice and exploitation, but they do not
reflect the true nature of and significance of the term. Ultimately a man’s character is
judged in terms of his moral behaviour which for a Muslim must be based on
permanent values of the Quran.

Moral action is generally considered to be an action freely performed for the sake of
Study Notes by Aamir Mahar 43
an unconditionally and universally binding law. This law should be such that we can
sensibly, reasonably and conscientiously recognize. Preservation of life is an animal
instinct, but the preservation of honour is not. It is unknown in the animal world; it is
a specific human value and elevates the character and level of life of a human being.

Honour as an important ingredient of character signifies a number of things like


chastity, good reputation and respect. Its standard varies from society to society. For
example in an island on the Pacific there is a tribe with whom dishonesty is the best
conduct and the cleverest cheat is held in the highest esteem. Another example is that
of nationalism which is recognized the world over as a political and social creed and
those who serve their nation by exploiting other nations are regarded as patriots. On
the contrary thee Quran says that human values are the same everywhere and
unchangeable.

It is the Divine revelation that gives abiding universal values and provides a universal
standard of character called ‘Taqwa’. According to Hastings Rashdall, That there is
one standard set of values which is the same for rational beings is just what morality
means’ (Theory of good and evil). A true Muslim adheres to the truth in all
circumstances.

The Quran says, “O you believers be the securers of justice. If you are summoned as a
witness for God regardless of your relationship with the parties, whether your
evidence goes against yourself or your parents and kinsmen and whether the party
affected is rich or poor, God’s law is the best protector. Let not caprice, personal gain,
relationship or regard for riches swerve you from the path of justice” (4:135).

A lot of hue and cry was rightly raised over the desecration of the Holy Quran by
Americans at Guantanamo Bay camp. It is, however, a pity that nobody thinks about
the actual disregard in letter and spirit of the Holy Book that goes on everyday in all
walks of life. For example our courts are full of witnesses willing to lie under oath. A
struggle between material gains and Islamic values confronts Muslims at almost
every turn in day-to-day life and the test of their character lies in the kind of choice
they make. How can a society, which ignores Divine Laws of justice, survive? This is
an important question. Is it possible to sacrifice self-interest? Definitely a man will
preserve human values if there is a reasonable prospect of greater gain.

A hungry man will eat anything he can get hold of even if it is dirty; but the moment
someone tells him that it contains poison he will throw away the food. He would
prefer the pangs of hunger rather than risk his life. In our everyday life if we realize
that ill-gotten wealth is a deadly poison in the divine Universal system, we will avoid
it.

Majority of the western and far eastern countries are progressing because they have
moulded their lives in accordance with this universal law. Man is free to observe and
accept or reject the dictates of the Quran; but once he makes the choice, he cannot
Study Notes by Aamir Mahar 44
change the consequences. According to the Quran there are two concepts of life. One
concept is that man is only an animal and lives and dies as any other living being.
This concept completely excludes human values.

On the other hand man is a social being who preserves his physical self and also
enhances his character by obeying the Divine commands. Man’s inescapable desire is
to live a life of eternity. Satan took advantage of this weakness and affectionately
offered immortality and power through his (man’s) progeny generation after
generation. This weakness in man’s character is evident all over the world, especially
in Muslim countries.

Character also depends upon how a person develops his insight to differentiate
between immediate and long lasting gain. Allama Iqbal draws a distinction between
two phases of intellect. When it cares only for the satisfaction of physical urges, he
calls it ‘Aql-e-Khud Been’ (Self seeking intellect) and when it cares for the satisfaction
of the urges of both body and character he calls it “Aql-e-Jehan Been” (All seeing
intellect) Thus anything done under the influence of ‘self-seeing’ intellect would be
an act of wisdom; but what is done in pursuance of the ‘all-seeing’ intellect would be
wisdom cum character. A human being through improvement in his character and
attitude has the potentiality of reaching a state higher than the angels; but at the
same time he also possesses the power to deny God. It is up to him to choose the right
path or reject it. Everything is situated on a particular level of existence; only man
can stop being man. He can ascend above all degrees of universal existence and by
the same token fall below the level of the basest of creatures.

According to H. Nasr ‘Man is presented with the unique opportunity by being born in
the human state and it is a tragedy for him to fret away and waste his life in pursuits
which distract him from the essential goal of his life’ (Islam, the Last religion).

Islam stresses achievement. This achievement is a life-long pursuit of knowledge


through which he improves his character and delivers to other human beings what
he has received from the Almighty. With regard to the permanent values of life,
Hastings Rashdall (The theory of good and evil) says that the universe has been
created with the purpose of helping humans in all positive matters and the acts of
man in this context proceed from and express the nature of his character.

Man’s present actions affect his future. If he sees nothing beyond present life, he will
consider Islamic values of no importance. If he believes that character comes to an
end with the last breath of life, why should he worry about improving his character?
Only those who believe in God and an absolute moral law can develop their character
and benefit the whole humanity. The Quran says that faith and character are
inseparable, that is why the words ‘Amelu as salehat’ (Do good deeds) are always
preceded by ‘Al lazeena amanu’ (Those who have faith).

The Quran also makes the state responsible to see that every citizen is provided with
Study Notes by Aamir Mahar 45
the basic needs of life and the means for the development and realization of every
citizen’s capabilities. Weaknesses of character arising directly from want and poverty
are thus eliminated. As opposed to communism, there is no regimentation is Islam;
conviction is brought home rationally through education and knowledge. The
concept of blind faith is alien to Islam.

The laws of nature apply to all irrespective of their faith and belief. The everlasting
value of a man’s actions depends upon the faith he has in the Law of Retribution and
the Day of Judgment. At times we have also seen that secular societies exploited by
religious bigots, take refuge in the mystical approach, which by itself aims at
annihilation and not integration of self. It claims purification of self or spiritual
advancement through various practices performed in seclusion with no incentive for
man to work for a social order. It discards society, relations and desires.

Iqbal calls it “an alien plant in the land of Islam” True character is reflected when
man interacts with man. For this Islam gives utmost importance to society and social
life. Even the affairs of the state have to be decided on the basis of consultation with
men of character. The application of Quranic principles does not deprive one of the
physical gains. In a social order constituted on the basis of these principles, an
individual has physical gains along with the means of developing his character. The
Quran says. ‘Our Nourisher give us good in this world and in the hereafter’ (2:201).

A balanced character is beauty in proportion which practically shows a positive


aspect of life, masters nature through education, knowledge and wisdom; establishes
justice, rejects sectarianism and fights religious and racial prejudices and attains his
destiny by following the straight path (Sirat-e-Mustaqeem). These in essence are
some of the shining facets of a developed self that shape a character and can bring
back the respect which Muslims have lost.
Concept of worship (Khalid Mahmood Shaikh)
Islam is not simply confined to prayers, rituals or some other religious practices. It is
spread over a wide spectrum of life. It would be no exaggeration to claim that the
concept of Ibadat in Islam includes every act or deed that we perform according to
the Quranic code and Sunnah.

We will be either rewarded or punished on the Day of Reckoning for every act that
we do in our lifetime. Therefore, every good deed that is carried out for the sake of
Allah in accordance with the Shariat is, in fact, an act of Ibadat.

The Prophet Muhammad (PBUH) says: "The whole of earth is declared a place of
worship for me." (Sahih Muslim) It gives a clear conception of Ibadat in Islam. The
whole earth is declared a mosque, a sacred place where our activities are closely
watched by our Creator.

Study Notes by Aamir Mahar 46


Every good deed that we perform comes under the heading of Ibadat. At one time the
Prophet remarked that the one who removes the sadness of his brother and
entertains him with a pleasant smile is the noblest of men. He also says that person
who earns his livelihood by lawful means to feed his children is a greater abid
(worshipper) than his brother who is simply absorbed in ritual worship. Before the
advent of Islam all the worship and prayers were meant to please God. Offerings
were made at the gods' altars to please them. Islam has revolutionized the very
concept of Ibadat.

In Islam the objective of Ibadat is to reform and build up one is character. In Islam,
too, the purpose of Ibadat is to seek the pleasure of Allah. But it is sought through
following and obeying His commands and injunctions. It aims at the moral and
spiritual development of the believer. Ibadat has direct bearing and impact on one's
character and behaviour. Our worship and prayers must change our thinking and
behaviour. If no change and improvement takes place, it means that acts of Ibadat
have lost all their effectiveness for us. We are no more receptive to them.

It doesn't mean that Ibadat have lost their inherent effectiveness. It is just like the fire
that doesn't burn the wet wood. But you can't say that the fire has lost its capability.
The fire does burn but the wood has lost its receptivity. Just take the example of
salah. The Quran says: "O believers! seek help in patience and salah." (2:153) Two
things are necessary in order to build strength to bear the heavy responsibility of
living life in accord with the orders of Allah: developing patience, perseverance and
steadfastness from within; and invoking our minds, hearts and souls to reinforce and
strengthen patience with the physical act of salah. At another place in the Quran Allah
says: "Indeed salah forbids all indecent deeds and evil." (45:29)

If a person offers his five prescribed prayers regularly but along with it he does not
stop from doing wrong things, it clearly indicates that his salah has no more moral
and spiritual impact on his behaviour and conduct. All our worship and prayers do
not add in the least to his kingdom. God does not depend upon his creatures to be
praised. He is free from all want and praise. Whatever a man does, he does it for his
own benefit. Allah is 'al-Ghani' and 'al-Hameed.' He says: "He who strives does so for
himself. Verily God is independent of the creatures of the world." (29:5).

We are always after the quantity and are least concerned with the quality whereas
God Almighty demands from us the quality. Even the smallest act that is done with
Ikhlas (sincerity of purpose) and in accord with Shariah is highly valued and weighs
heavier in the sight of Allah than the greatest act of Ibadat that is performed without
Ikhlas/ we miss the quality and essence of Ibadat.

It is the quality and essence of Ibadat that changes the thought and behaviour of a
person who enters the fold of Islam. It, in fact, builds up a strong character in him. A
perceptible change takes place in his attitude and behaviour.

Study Notes by Aamir Mahar 47


He undergoes a continuous process of moral and spiritual improvement. This world,
according to Islam is a place of trial for us. We have been given a fixed period of life
during which we are being judged. All our activities are closely watched by our
Creater who will reward or punish us for our good or bad deeds on the Day of
Reckoning. And during this period of life whatever God Almighty has bestowed upon
us in the form of offspring, wealth, property and whatever sufferings, pains, miseries
and tribulations we undergo are, in fact, all trials and tests.

If in this world, Allah has blessed some people with affluence and some with little
riches or has deprived others altogether, this does not mean that He has done it on
merit. But He has rather planned it purposely in order to try and test humankind.
This distribution of material goods as well as power opportunities etc. is in accord
with the Divine plan and purpose. But ignorant people cannot understand this. The
Quran has explicitly mentioned it in Surah al-An'am. "It is He who made you trustees
on the earth and exalted some in rank over others in order to try you by what He has
given you." (6:165).

In case of blessings and favours that are lavished upon us, we are being evaluated by
Allah to see how much we are grateful to Him and in case of sufferings and loss of life
and property we are being tested that how much we show patience and perseverance.
According to an Hadith: "Iman (Faith) is made up of two halves: one half is sabr
another half is shukr."

This tradition sums up Iman in a few words. In other words Islam can be easily
defined and explained in terms of 'sabr' and 'shukr.' Hazrat Ali says that Iman is like a
bird that has two wings one is that of sabr and the other is that of shukr.

Man's gratitude to Allah is not a thing that benefits Allah, for Allah is high above all
needs. It does not add to God's glory and honour in the least. If a man adopts an
attitude and behaviour of thankfulness and gratitude, it is for his own benefit. It, in
fact, improves his own soul and gives him a higher rank in the life to come.

We express our gratitude to Allah for his favours and bounties. Shukr is the very
basis of faith (iman), religion (din) and obedience to Allah. WE thank Allah for the
guidance He sent us through His messengers and prophets. To give thanks is to show
by our conduct and behaviour that we appreciate the gifts of Allah and use them in
His service. The Quranic meaning of having sabr includes having patience,
forbearance and endurance. It is to exercise self-control and restraint in all
circumstances. It is to be constant and steadfast.

It denotes will power, firm resolve and control over one's animal desires. A believer
can overcome the internal temptations and all of the external obstacles he/she faces
on a daily basis. It is specially important for a believer to have this steadfastness, this
endurance in difficult times, for it is in these times that one's faith is truly tested. The
objective of all Ibadat is to inculcate in the believer the qualities of sabr and shukr.
Study Notes by Aamir Mahar 48
Islam has changed and revolutionized the very concept of Ibadat that has been
accepted and practised for centuries.

Before Islam the concept and objectives of Ibadat were confined and limited to mere
worship and to please Got. It was not concerned with character-building. Moral and
spiritual development of the individual were not among his objectives.

In Islam, the Ibadat has direct bearing on one's mind and character. If it does not
bring about any substantial change in our attitude, behaviour and conduct, it is quite
clear that it has lost all its effectiveness for us. When Allah has explicitly declared in
his Book that the Ibadat has a deep impact on the mind and conduct of a believer, it
becomes all the more necessary to review our modes of Ibadat.

Curse of sectarianism (Qazi Faez Isa)


The Malaysian prime minister, Dr Mahathir, identifies "sectarianism as ummah's
curse". The "fragmentation of a single, simple and forthright religion" resulting in
Muslims becoming "backward, weak and unable to deal with the multitude of
challenges they now face".

Mohammad Ali Jinnah was born into a Shia Khoja household, but never professed
adherence to any divisive sect. When matters of his estate came to be considered
before the Sindh High Court, it was declared that our leader was simply a Muslim.
Sectarian violence in the country is rampant; murderers kill those who do not belong
to their sect. Seeds of fragmentation and intolerance sprout in the swamp of leaky
governmental resolve. Weeds take root, are cultivated and entwine their trunks
chokingly around the body politic.

General Ziaul Haq was Pakistan's first ruler to use Islam to perpetuate himself. He
categorized citizens into sects. A ruler who divides his people into sects is a mufsidun,
that is one who commits great sins and crimes, an oppressor, a tyrant. "Verily, Firaun
(Pharaoh) exalted himself in the land and made its people sects ... Verily, he was of
the Mufsidun" (28:4).

The Shia and the Sunni came to have different legal obligations. The Hudood and
other "Islam"-labelled laws in respect of the crimes of murder, rape and theft were
applied on the basis of sectarian interpretation.

General Zia also granted madressahs the power to award BA and MA degrees in
Islamic Studies. Each sect and sub-sect (maslak) was permitted to teach its own
curriculum. Degrees were obtained without acquiring knowledge of all aspects of
the discipline. The Shias demanded and got exemption from the compulsory
deduction of Zakat. Unity with the sect and not the faith, became important.

Study Notes by Aamir Mahar 49


The question of sect (shiah), division (firqa), dissension (fitnah) and groups (hizb)
has been considered in the Holy Quran. "...Do not be divided (tafarraqu) in religion"
(42:13). "...And be not of al-mushrikun (hypocrites, dividers, polytheists).

Of those who split up (farqawa) their religion and become sects, each sect rejoicing in
that which is with it" (30:31 and 32). "And be not as those who divided (tafraqu) and
differed (ikhtalafu) among themselves..." (3:105).

"And verily, this is My Straight Path (serate mustaqeema), so follow it, and follow not
other paths (fatafaraqa), for they will separate you away from His path. This He has
ordained for you that you may become the pious (al-muttaqun)" (6:153).

The path is clear and the pitfalls identified. As to the consequences of disobedience,
"Say: 'He has power to send torment on you from above or from under your feet, or
to cover you with confusion in sects (shiaan), and make you to taste the violence of
one another'. "See how variously We explain the Ayat [signs] so that they may
understand" (6:65)

The gunshot wound, the devastating bomb and the exploding grenade in our
sectarian midst, has made us taste blood, as we trudge the sectarian divide. Most men
and women blindly following their parents schismatic proclivities. A child in his
innocence wants to know, "What a Sunni or a Shia is?"

The difference in fiqh may be unknown to the parents but the prejudice is passed on.
Teachings of the faith lie beneath the murky waters of sectarian practices, adherence
to which is vigorous and abiding.

The Quran continuously confirms the timeless quality of the Message. "But they (men)
have broken their religion among them into sects, each group rejoicing in what is
with it" (23:53). The words "what is with it" excludes the sacred whole.

The invader in Iraq knows about the 'Sunni Triangle' and about the Shiah in the south
before he has learnt anything about Islam, or maybe he perceives these divisions as
Islamic. The Shiah Northern Alliance fought the Sunni Taliban in Afghanistan, and
their neighbours resolutely stood by their favoured sect. Sect precedes faith in these
divisive times.

The prescription is provided by The Book: "Verily, those who split up (faraqu) their
religion and break up into sects, you have no concern with them in the least. Their
affairs is only with Allah, who then will tell them what they used to do" (6:159).

The simple act of prostrating towards the Kaaba in worship of the One Lord made
complicated by the array of mutually exclusive venues. Which mosque should one
then go to pray in? First, where not to go: "And for those who put up a mosque to
harm and cause disbelief and to disunite the believers... Never stand you therein"
Study Notes by Aamir Mahar 50
(9:107/108).

A mosque where another is invoked along with Allah, has become the practice in
certain sects, and must also be avoided. "The mosques are for Allah: so invoke not
anyone along with Allah" (72:18). And then, the mosque in which we should bow our
heads in surrender to the Creator: "the mosque whose foundation was laid from the
first day on piety" (9:108).

To abide by the Quran, habits need to be broken and prejudices abandoned by


stepping out of our trenched beliefs (mazhab and maslak) and abandoning the
practice of hurling abuse.

To save our selves from violence at each other's hands in this world and from the pit
of the fire in the hereafter. "...And be not divided among yourselves, and remember
Allah's Favour on you, for you were enemies one to another but He joined your
hearts together, so that, by His Grace, you became brethren, and you were on the
brink of a pit of fire, and He saved you from it. Thus Allah makes His Ayat clear to you,
that you may be guided" (3:103)

We are "a single community (ummah)" (21:92) and must not "dispute (tanazalu)
with one another" (8:46). But the study of differences amongst various schools of
thought (mazahib; singular mazhab) has become a specialty. Abu al Darda, a
companion of the Prophet, is reported to have said, "[To say] 'I do not know' is half of
knowledge".

Prophet Muhammad (peace be upon him) repeatedly warned: "Do not engage in
disagreement thereby causing discord among your hearts". When two Muslims were
loudly arguing in disagreement about the meaning of a Quranic verse he said: "People
before you perished only because of their disagreement about the Scripture".

In his famous sermon delivered at Arafat he said that "every Muslim is a Muslim's
brother, and that Muslims are brethren". He abhorred fitnah (dissension). Shortly
before his death he said, "O people the fire has been kindled, and dissension has been
set in like segments of a dark night".

Hatred is generated in the names of the early Caliphs, but their conduct was
exemplary. Abu Sufyan came to Hazrat Ali, after Hazrat Abu Bakar became Caliph,
saying; "O Abu [father of] Hasan, stretch out your hand so that I may give you the
oath of allegiance".

Hazrat Ali rebuked him: "By God, you do not intend anything but [to stir up]
dissension (fitnah). We do not need your advice". Hazrat Umar during his Caliphate
summoned a lady who was reported to be of ill repute. His summons scared her and
she miscarried.

Study Notes by Aamir Mahar 51


Hazrat Umar consulted the companions of the Prophet on whether he was
responsible and had to pay diyah (compensation) to the mother. Some of the
companions exonerated him of all blame.

He then asked Hazrat Ali, who replied: "If what these companions said is what they
really think, then their opinion is wrong. But if they said that in order to please you,
they have not given you proper advice. I believe that you have to pay compensation
for the child."

The Khalifa accepted Hazrat Ali's opinion and acted upon it. Al Gazzali noted that
amongst certain religious scholars there were "devalued seekers of patronage from
rulers" and also those "who busied themselves in passing fatwas".

The condition afflicting the Ummah (Muslim community) noted by him, about nine
hundred years ago, is similar today. "The floodgates of disputation gave rise to
terrible fanaticisms and animosities which, in turn, led to bloodshed and destruction
of Muslim lands" - consequence of the perversion of simple truths.

Distorted image of Islam


American historian Daniel Pipes, a known ‘neocon’ who has remained associated
with President Bush’s administration, is reported to have said at a conference in
Rome early this month that “the Islamists are the scions of frustrated civilization
which harks back to the achievements of Islam during the first centuries of its
existence.”

Another notable American Richard Nixon, the ex-president, has put it differently in
his book (‘Seize the Moment’) that “Islam is not only a religion but founder of a major
civilization.”

He had, evidently, in mind the contribution of Islam in civilizing mankind rather than
merely prescribing rites and rituals, the historical aspect of the Faith — the aspect
that has received scant attention by its pontifical class.

It is the uncompromising monotheism of Islam and the Quranic concept of the


universal brotherhood of the believers in monotheism “the believers are no else than
brothers” — 49:10), that has kept the Islamic civilization alive despite the political
and economic domination by the West during the last three centuries.

The institution of Islamic caliphate was based on this very concept of Islamic
brotherhood and it had bound together a sprawling commonwealth of Muslim
sovereign states — albeit loosely and nominally during the two centuries of
decadence preceding its decline. Its shadow fell on a vast area on the three
well-populated and developed continents of Europe, Asia and Africa — the
Study Notes by Aamir Mahar 52
continents of America and Australia not being fully developed then. All sovereign
sultanates from Turkestan to Hindustan and Muslim monarchies from Morocco to
Malaysia took pride in receiving investiture from the reigning caliph as it conferred
religious legitimacy on their right to rule. It lasted for thirteen centuries, from the
first quarter of the seventh to the first quarter of the twentieth, or from the election
of the first Caliph in 632 A.D. till the abolition of the Caliphate by Ataturk in 1922 A.D.
No other international political institution has proved so enduring.

Held together by a common faith and almost identical values and way of life this
arrangement had, in its heyday, successfully scotched the narrow parochial
tendencies and encouraged unfettered travel and unrestricted trade and offered
freedom to the citizens to acquire domicile of any place in this commonwealth.

With decline in religious appeal, the institution could not survive for long; and this
conglomeration of sovereign states was, one by one, taken over by the newly
emerging colonial powers of western Europe and Russia, which professed
Christianity while the disintegrated states of the Caliphate, occupied by the former,
had been the stronghold of Islam. This is the ‘frustrated civilization’ (in Daniel Pipe’s
words) of which the present generation of Muslims are ‘scions’, or descendents of the
civilization which has past achievements to its credit.

The instance of the dominant Christian powers of today, having extended their
whole-hearted support to Israel and their complete unanimity in condoning the
Jewish aggression, has brought home to the “Islamists” the truth of the Quranic edict
that “they (the Jews and Christians) are friends among themselves (5:51).”

Otherwise, there was no reason for the members of the ‘frustrated civilization’ to
stand, allegedly, pitted against the Christian West, after having reconciled themselves
gradually, over a period of three centuries, to the domination of the Christian West
with silent admiration for the latter’s astounding advancement in physical and
biological sciences and peaceful introduction of democratic polity in its own habitat.

The fact, therefore, is that the ongoing conflict between the Palestinians and the
Jewish settlers or the Kashmiris and the occupying foreign forces or the Chechens
and savage Russian army and, likewise, freedom struggles of Muslim Moros in
Philippines or Islamic resistance in southern Thailand are purely political in
character bearing no similarity to the faith-based Crusades fought between Christian
Europe and Muslim Arabs in the medieval era, which is a forgotten past so far as
Muslims are concerned.

But the way America, the sole superpower, currently ruled by orthodox Christians
and Jews is siding with the brutal and brutish ruling clique of Israel while the
otherwise liberal and unorthodox European states are looking the other way, it is but
natural that the Muslims all over the world who have, over the past centuries,
considered themselves as one single fraternity, will react, very adversely, to this
Study Notes by Aamir Mahar 53
attitude of the Christian states and the Jews over the Palestinian issue which may
actually be a political and tactical problem — the West, needing oil and gas more
than others in the world, and the Middle East sitting over most of the precious liquid
and vaporous mineral.

The propaganda by the American print media and think-tanks in the US, in the wake
of 9/11, that Islam preaches religious intolerance and encourages militant tendencies
among its adherents is reprehensible.

The greatest mischief having been done by those who claim to be authority on Islam.
They refer to quranic verses such as the one that exhorted the small band of Muslims
at the time of the ‘revelation’ to fight the infidels of Makkah in self-defence after they
had suffered at their hands for fifteen long years. They tore from the context such
verses as “fight them until persecution is no more and religion is for Allah” (2:193).

Unfortunately, our own clerics also share the blame for presenting a grossly distorted
image of Islam as a religion that lays greater emphasis on Jihad, or militaristic
struggle, than on peaceful, non-violent ways of seeking redress of the wrongs done to
the Muslim community. Their notion stems from their approach to understanding the
holy text treating every verse thereof as an injunction applicable in all circumstances
without regard to the historical background and topical significance of each
revelation. The Quranic translation and commentary in most of the languages does
contain explanatory notes about the historical context of each revelation —
Shan-i-nuzool’, as it is termed by our theologians in Urdu.

Essence of Eidul Fitr (Jauhar Ali)


Gratefulness to God is always rewarded. Eidul Fitr is a reward to the Muslim ummah
for striving to temper their souls through the rigours of self-denial and offering of
special prayers during the holy month of Ramazan in humble thankfulness and
sincere gratitude for the countless mercies, blessings and favours of our Creator
which we enjoy in our mundane life.

God has created man as the best of all His creations and exalted him to the noble and
dignified position of being His deputy on earth. In His infinite kindness and mercy He
loves His subjects more than parents love their offsprings. It is only proper, therefore,
that man as Allah's vicegerent on earth bases the lofty mission of his life on the
worship and thankfulness to God for His endless bounties, grace and favours
bestowed on him right from his cradle to the grave.

According to the Holy Quran Allah says, "I have created only jinn and man, that they
may serve and worship Me." (Quran, 51:56). On another occasion Allah addresses
man in these words: "It is He who brought you forth from the wombs of your
mothers when you knew nothing; and He gave you hearing and sight and intelligence
Study Notes by Aamir Mahar 54
and love, that you may give thanks to Him" (Quran, 16:78).

The above verses indicate that the entire community of human beings is enjoined and
obligated to worship God and to be thankful to Him. Thankfulness is one of the four
qualities essential for perfection of belief in Islam. The other three being truthfulness,
modesty and good behaviour. Eidul Fitr, observed after the end of the month of
Ramazan, on the first of lunar month Shawwal every year, is a day of rejoicing and
thanksgiving to the Lord of the universe for giving the strength for having
successfully fulfilled the test of faith Divinely ordained.

Beyond feasting and festivities, Eidul Fitr is also an ibadah (worship). Ibadah is the
most vital duty of man towards his Maker and includes all actions which are
performed in obedience to and for the pleasure of Allah. The concept of ibadah
(worship) in Islam is all too comprehensive and encompasses the whole spectrum of
human conduct covering both fulfilling obligations to Allah (Huquq-al-Ibad) and
obligations towards fellow-beings (Huquq-al'Ibad). Fulfilment of both Huquq Allah
and Huquq-al-'Ibad must be integrated to attain success as true adherents of Allah.

The Lord of the universe did not leave man unguided in treading on to the path
leading to the attainment of the lofty mission of his life. The world is a place of trial
and man is to be judged on the basis of the life he lives in it. Everything in the world
is for man but man himself is for his Lord and his mission in life is to fulfil the will of
God. For his guidance, Allah raised many Messengers from amongst the descendants
of Adam with Hazrat Muhammad (PBUH) embodying the finality of prophethood and
Islam marking the perfection of Divine commandments.

Fundamentally all the Prophets of God based their teachings on the concept of ibadah
which helps to develop a close relationship between an individual and his Lord. All
good deeds are included in ibadah and consistent observance of ibadah creates
taqwa (Godliness) which consists of complete submission to the will of God. The
Prophets of God succeeded in making people observe their duty to God and to their
fellow beings through the force of taqwa.

Taqwa is the vital driving force in developing the inner strength of man. The
Prophets of God tried to nourish and nurture the quality of taqwa among human
beings through various forms of ibadah and through emphasis on their social
obligations.

However, worship on its own is not enough; it must be accompanied by good deeds
denoting complete submission to the will and pleasure of Allah. Through acts of
devotion one fulfils obligations to Allah and through good deeds to men one fulfils his
obligations towards his fellow beings.

Those who are included in the ummah of the Holy Prophet Hazrat Muhammad (Peace
be upon him) have been enjoined among other ibadah, to say prayers five times
Study Notes by Aamir Mahar 55
every day. It has also been made obligatory for Muslims to observe fast during the
holy month of Ramazan for it would make them muttaqi (righteous). Quran says: "O
you who believe! Fasting is prescribed for you as it was prescribed for those before
you, that you may attain taqwa" (Qur'an 2: 183). "It is not the meat nor the blood that
reaches Allah! It is taqwa that reaches Him" (Qur'an 22:37). The taqwa is an integral
part of the doctrine of Islam and should, therefore, be attained by every Muslim.

As a practical and practicable religion Islam has provided a complete code of life for
Muslims and all those who care to follow the teachings of Islam through Divine
guidance in the shape of Holy Quran and the Sunnah of the Prophet (PBUH). Herein
lies the well-being of man both in this temporal and eternal life. Blessed are those
who are fortunate to be included in the ummah of the Holy Prophet (PBUH) as
beneficiaries of all His kindness and eternal blessings.

As an act of worship (ibadah), fasting in Ramazan aims at promoting taqwa and


realization of the real value of deprivation of a thing and inculcating a keener sense of
appreciation and gratitude for it. This is the real significance of Eidul Fitr. While
celebrating Eid, we must remember the plight of the less privileged, the discarded,
the deprived, the homeless and the destitute who find themselves in trying
circumstances in different parts of the world. Our hearts must go out to them.
Without this we will be wanting in the real spirit of Eid.

Essence of Islamic polity


As the Quran is not a textbook of political science, one should not expect it to contain
systematic chapters on each aspect of an Islamic government. Its primary concern in
the realm of politics is not the form of government, but as explicitly expressed in
chapter three verse 110, the function of an Islamic government - "to enforce values
recognized as good (maroof) and forbid those which are abhorrent (munkar)."

While it does not prescribe the details of a specific kind of government and avoids
laying down a rigid framework of polity, it would be a folly to suppose that it does not
provide sufficient indicators regarding the system of government.

A government which is really competent to interpret maroof in the contemporary


situation and enforce it, and, similarly, identify munkar and forbid it, must meet four
requirements set out in the Quran, not serially, but in different contexts.

First and foremost, it demands that it should be a government enjoying people's


confidence and respect - not an arbitrary, arrogant dictator's rule. The Holy Prophet
(peace be upon him) was addressed by the Almighty thus: "We have not sent you as a
warder over them." (4:80).

The Almighty meant these words and His Apostle, while founding the first Islamic
state after the conquest of Makkah, acted upon them. It was his humility and
Study Notes by Aamir Mahar 56
humbleness as a conqueror and magnanimity and generosity as a wielder of
authority that won the hearts of those who were Islam's sworn enemies, and, in the
words of Abdur Rahman Azzam, "the tribes went over to Islam en masse in the span
of one day and night". (The Eternal Message of Muhammad)

The year after Makkah fell, in one hour's engagement on one day with hardly a dozen
deaths, is called the 'year of deputations' as deputations swarmed from all parts of
Arabia to swear allegiance to the new state of Madinah only because the person who
was at the helm, though in fact the 'emperor' of Arabia, lived as simple a life as the
poorest among the tribes. The head of the first Islamic state was widely different in
dress and demeanour, in diet and dwelling and in daily routine from the bejewelled,
bedecked crowned kings and potentates of contemporary Byzantine and Persian
empires. The first four Caliphs who succeeded him as head of state followed in his
footsteps as faithfully as was possible.

The edifice of modern western political and social systems, it must be underlined,
was built not on the ashes of the long-lasting, widespread Roman empire, the pride of
all Europe, but on the foundation laid in an oasis of Arabia in 630 A.D. (or 8 A.H.).

The Second requirement according to the Quran, is "administration by mutual


consultation" (42:38). In other words, no one, even a pious and popular ruler should
rule without "consultation."

The Prophet was advised by the Almighty "to consult them (the Companions) in
appropriate matters" (3:159). This obligation to consult, cuts at the roots of despotic
and autocratic rule and demands the setting up of a consultative organ.

It is generally thought that kings and queens are not in sync with the modern concept
of democracy. But democracies in Europe have allowed kings and queens to remain
as heads of state. Even the so-called 'mother of parliaments' is quite comfortable
with the reigning Queen Elizabeth II. But all these hereditary monarchs are no longer
arbitrary rulers, because they have to go by what the elected cabinet of ministers and
consultative body decides.

The Quran accords legitimacy to the kingship of Hazrat Daud and his son Hazrat
Sulaiman (Biblical David and Solomon) as they were divinely-guided benevolent
rulers. The Quran also speaks well of Queen of Sheba who always acted on her
chieftains' "considered advice and decided no case unless they consulted her"
(27:32). In short, an ideal government should run the affairs of the state by installing
a suitable system of 'mutual consultation.'

The third requirement, in the light of Quranic indicators, for a government to be able
to encourage good values and discourage bad ones is that the constitution of the state
should recognize that the supreme sovereignty belongs to Allah and not to a 'mortal
God', as invented by Hobbes, or the 'general will', in Rousseau's terminology, or the
Study Notes by Aamir Mahar 57
'proletariat dictatorship' in Marx's parlance, or the 'majority party' in modern
democracies. In a truly Islamic dispensation, the majority party cannot legislate
anything that is repugnant to Islamic tenets and teachings. Thus, the majority will is
not sacrosanct, as in other democracies, at least in the sphere of law-making.

The Quranic verdict on this issue is unequivocal: "If you act on the advice of most of
those on earth, they would mislead you from Allah's path, as they follow nothing but
an opinion and indulge in conjectures" (6:116). This necessitates screening of all laws
by a body like the Islamic Ideology Council in Pakistan and the Council of Clerics in
Iran to act as moral 'guardians.'

The fourth requirement pertains to the 'quality' of politicians seeking election as


members of the legislative organs. According to the Quran, it is only the "noblest"
among the community of voters who deserve to be elected and "the noblest persons,
in the sight of Allah, are the best in conduct, or the most pious, according to another
translation" (49:13). Thus, the most deserving candidate should not be the most
powerful or a known populist seeking popularity among the masses for personal
fame. It was, perhaps, in elucidation of this Quranic edict that the Holy Prophet is
reported to have observed that "an Ethiopian slave (of his time) with right deeds to
his credit has a greater claim to be the ruler than a wrongdoer from the nobility of
Quraish."

As one may have noted these requirements do not suggest that an Islamic state
should be a theocracy. On the contrary, the scale is in favour of a non-secular
democracy. Non secular because, firstly, unlike in a secular democracy, the
sovereignty here belongs to Allah and not to the will of the majority of citizens of the
state and, secondly, because all proposed laws have to be subjected to scrutiny and
approval by an appropriate Islamic council before they become the law of the land.

Root of mercy (Ahmad Raza)


Allah describes himself as ‘Rahman’ and ‘Rahim’ in the second verse of Surah
al-Fateha. These are not just two simple Arabic words. These are the words that
describe the essential nature of the One Ultimate Reality. They tell us about the core
of the One Supreme Being. That His Being is deeply rooted in mercy, and mercy
alone.

He sustains the entire cosmos by mercy, and mercy alone. He is neither weary, nor
tired of feeding and nourishing His creatures. Every moment, varied and complex life
forms are sustained by Him, through His boundless mercy.

‘Rahman’ and ‘Rahim’ are translated as merciful and compassionate. The Arabic root
of words ‘Rahman’ and ‘Rahim’ is ‘rahm’, which means to ask for mercy, to have
mercy, and to pity. The word ‘arham’ is a plural noun of ‘rahm’, which is translated as
kinship in English. That means also the extended network of blood relationships. The
Study Notes by Aamir Mahar 58
word ‘rahm’ also refers to womb of mothers, which is a place of conception,
sustenance and growth of human embryo. Besides that, foetuses are nourished and
protected by the womb due to biological programming of mothers by a sense of
‘rahm’ (mercifulness, compassion).

He sustains the entire cosmos by mercy, and mercy alone.

Around the womb, the entire network of kinship and blood relationships are
interwoven and defined. Incidentally, these close blood networks are sustained by
mercy and compassion born out of the womb of nourishment. The Quran also speaks
about taking care of consanguine ties, which constitute the basis of the human social
system. Hazrat Muhammad (PBUH) has also persuaded Muslims to care about the
well-being of close blood relations. Mercy and compassion are thus biologically
programmed into the human self.

Hazrat Muhammad has said that the mercy of Allah is greater than the mercy of a
hundred mothers. That means the rahm of Allah is boundless and infinite. Everything
known and seen as well as unknown and unseen is nurtured by the breath of divine
mercy. All creatures are interconnected with the root of divine mercy in an infinite
network of kinship and togetherness. All creatures and systems of life are in reality
sustained by the Sustainer of the Worlds (Rab ul Alameen), and hence come to exist
in profound kinship with the Divine.

This complex cosmos can only be sustained by an infinite merciful and


compassionate Creator and Sustainer. The multiplicity and complexity of the world
systems imply the existence of a Supreme Being, without which the complex systems
cannot endure and survive. The root of divine creativity is none other than a
perpetual, permanent and eternal state of mercy or rahm. In the Quran, Allah says
that His mercy contains everything (in this universe).

In Surah al-Rahman, Allah further communicates the depth and range of his
mercifulness. First the very name of the Surah tells us that this kalam (revelation) is
from Ar Rahman — the merciful and compassionate. That He revealed the Quran to
Hazrat Muhammad out of His sheer and boundless mercy. That means that the Quran
carries waves of acoustic peace when you listen to it, and beyond that the words,
symbols and discourses mentioned therein also speak about infinite divine mercy.
It means that the Quran is a cure and panacea for ailments for those who have faith in
divine mercy. That it was the endless mercy of Allah that led to the design of life and
birth of man. That it was due to the divine attribute of mercy and compassion that
man was bestowed with the gift of speech and language. That it was plain and simple
mercy that man was endowed with the gift of writing and communication by the
symbolic system of language. That it was through language that man can preserve
and convey knowledge to posterity.

Study Notes by Aamir Mahar 59


By means of language, lamentations and prayers are communicated to the Almighty.
Words of mercy invoke Allah’s compassion. The signs and symbols of language are an
authentic means of reaching and interacting with the divine space of mercy.
Ar Rahman and Ar Rahim pervade every inch, dot and moment of existence. The
plants grow and are sustained because of this boundless merciful divine energy. Man
buries a dead and lifeless seed in the depths of the dark earth, and look what emerges
after a few days — a green sapling looking towards the sky, showing submission to
divine mercy. There is a manifest mizan (balance) between the heavens and earth.
The proportions, dimensions and sizes of physical objects lead us to wonder about
the hand of the merciful and compassionate Maker.

None of the heavenly objects — be it the sun, moon, planetary system and beyond,
the luminous galaxies — can escape this inherent cosmological conformity and order.
The prevalence of the cosmic order is nothing but the expression of divine mercy.

Study Notes by Aamir Mahar


www.facebook.com/CSSExamPrep
www.facebook.com/CSSExamPoint

Study Notes by Aamir Mahar 60

You might also like