Sample Page - Page 26 of 31

AMENDMENT IN HUDOOD LAWS, The Protection of Women’s Rights Bill, An Appraisal, By Justice (R) Mufti Muhammad Taqi Usmani

Posted on June 14, 2020June 16, 2020 by Mufti Muhammad Taqi Usmani

FOREWORD: With the passage of the Protection of Women’s Rights Bill by the Parliament on 15 November, 2006, the ongoing debate in Pakistan on Hudood Laws has entered a new phase. The official circles insist that the Bill is in conformity with the Qur’ān and the Sunnah and that the amendments made in the Hudood Laws would facilitate in providing justice to the oppressed womenfolk of Pakistan. The Government was supported in passage of the Bill by the Pakistan People’s Party MNAs from amongst the Opposition members, while Muttahida Majlis-i-Amal has been of the view that the Bill was in clear violation of the injunctions of the Holy Qur’ān and the Sunnah and as such they opposed it tooth and nail. What exactly is the true position? It may not be very easy even for the educated, what to say of the common man to fully grasp the legal nuances of such a legislation. Unfortunately, however, much dust has recently been raised on the Hudood Laws by a certain segment of our society in pursuance of its political agenda and with a well-conceived objective of complicating the entire issue. This has polluted the atmosphere and made objective evaluation even more difficult. Yet the challenge has to be faced.
Before the passage of the Bill, its text remained under review for nearly two months, first with the Select Committee of the National Assembly and then with the Ulama Committee formed by the leader of the ruling party and the leader of the opposition. During this entire process of debate, scrutiny and review, more than one draft was prepared and discussed. Hon’ble Justice (R) Maulana Muhammad Taqi Usmani was also a member of this Ulama Committee. He is thus an insider, who is well aware of the entire proceedings not only of the Committee, but also of the various drafts which were prepared and thoroughly examined by it.
The Institute of Policy Studies has earlier published the text of a lecture by Maulana Muhammad Taqi Usmani on “Hudood Qawaaneen: Maujooda Bahs Aur Aaindah Laaihai-i-Amal” (Hudood Laws: Current Debate and the Future Course of Action). We feel privileged to bring out the present tract as a follow-up of the earlier one. It is based on an indepth review specially written for us by the learned Justice (R) Maulana Muhammad Taqi Usmani, in which he has discussed in a simple yet scientific and legal manner the Bill that the National Assembly passed on 15 November 2006. The Urdu Version of the write-up has since been released and published by the national press.
We are grateful to Maulana Taqi Usmani for the great service he has done in the supreme national interest by timely contributing to the national debate through this highly useful article. We hope and pray, it would help in clearing up many a cobwebs and enabling all seekers of truth to understand the whole issue in its true perspective. Prof. Khurshid Ahmad

Introduction

The National Assembly of Pakistan has recently passed the Protection of Women’s Rights Bill, amending the Hudood Laws. Only those qualified in legal nuances can rightly review the legal implications of the Bill. Well calculated attempts are, however, being made to let the public believe that the Bill is intended to redress the injustices, which the Hudood Ordinance had allegedly caused to the womenfolk of Pakistan and now they would have all their rights restored. It is also being claimed that the Bill contained nothing repugnant to the Qur’ān and the Sunnah.

Let us sincerely and rationally examine the main points of the Bill and see how far reaffirm the assertions of its authors and protagonists can hold the ground. An analytical review of the text brings to fore its following two substantive aspects:

Zina Bil-Jabr

(i) The first important aspect is that the Bill has totally abolished the ultimate punishment that the Qur’ān and the Sunnah have decreed for Rape (Zina bil- Jabr) and for which the Qur’ān uses the term ‘Hadd’. According to the Bill, nobody accused of Zina bil-Jabr can be awarded the Shariah punishment, but his case would be handled under the penal laws (Ta’azeer) only.

(ii) Secondly, the crime mentioned in the Hudood Ordinance as permissible under ‘Ta’zeer’, has now been classified as ‘Fornication’ and its punishment reduced and it has been made difficult to prove.

Now, let us examine carefully each one of these two substantive aspects of the Bill in question.

Quranic Injunctions

To totally do away with Hadd, the Shariah punishment of Zina bil- Jabr, is a clear violation of the injunctions of the Qur’ān and Sunnah. It is being claimed that the Hadd prescribed by the Qur’ān and Sunnah is applicable only when the man and woman have committed Zina (Fornication or Adultry) by mutual consent, but there is no Hadd punishment for the crime committed without Prophetic Traditions the woman’s consent. Let us see how far this assertion is correct? In Āyah 2 of Surah: 24, Al-Nūr, the Book of God says:

الزانيۃ والزانی فاجلدوا کل واحد منهما مائۃ جلدة

(Those who fornicate — whether female or male — flog each one of them with a hundred lashes).

The word ‘Zina’ used in this Āyah is absolute in its meaning and includes both ‘Zina bil-Jabr’, or Rape, as well as Zina bil-Ridha’, or Fornication by mutual consent. In fact, the common sense demands that if the Qur’ānic punishment of Hadd is applicable in case of Fornication, it must also be awarded rather in a more severe manner, in case of Rape, which is a much more heinous crime.

The above Āyah also mentions the female who fornicates, but later on in the same Surah those women, who have forcibly been molested/raped have been exempted from the enforcement of Hadd. The Holy Qur’ān says:

ولا تکر هوا فتيا تکم علی البغاء ان اردن تحصنا لتبتغو ا عرض الحيوة الدنيا و من يکرههن فان الله من بعد اکرٰههن غفور رحيم۔

(And do not force your maids to prostitution for the sake of the benefits of worldly life when they desire chastity. And if anyone compels them to prostitution Allah is the Most Pardoning, the Most Merciful) (Surah 24: Al-Nur, 33).

The above Āyah makes it absolutely clear that a woman who is a victim of forcible sexual act, or Rape, would not be punished, but the male, guilty of the crime, would face Hadd, or the punishment of one hundred lashes, as mentioned in Āyah 2 of Surah Al-Nūr above.

Prophetic Traditions

(ii) The punishment of one hundred lashes has been prescribed for unmarried persons. As for married individuals found guilty of adultery, they are to face the punishment of ‘Rajm’, or stoning to death. This has been decreed by the Sunnah of the Holy Prophet (PBUH) and reaffirmed by the consensus of the Muslim Jurists through the ages. The Holy Prophet (PBUH) had enforced this punishment both for those who committed adultery by mutual consent, as well as in case of the married man found guilty of forcibly dishonouring a married woman. The following Hadith (Tradition of the Holy Prophet may be cited in this context:

It has been narrated by Wā’il bin Hujr that during the life time of Sayyidna Rasūl Allah a woman set out of her home to perform regular Prayer. A person forcibly got hold of her in the way and committed adultery. As she raised hue and cry, the man fled away. Later on, however, he admitted of his crime. On this the Holy Prophet (PBUH) enforced Hadd of Rajm on him, while the woman was awarded no punishment.

(Jāmi’e Imām Tirmizi, Kitāb Al-Hudood, Chapter 22, Hadith # 1453 & 1454).

(iii) “A slave committed Rape with a slave woman. The Second Caliph Hadhrat Umar punished him with Hadd but spared the woman who was wronged without her consent”. (Sahīh Al-Bukharī, Kitāb Al-Ikrāh, Chapter 6).

From the foregoing it is established without any doubt that in the light of the injunctions of the Holy Qur’an and Sunnah and the decrees of the Holy Prophet (PBUH) and his Rightly Guided Caliphs (Khulafā Al-Rāshidūn), the Hadd of Zina is effective as much in case of Zina bil-Jabr as it is in case of Zina bil-Ridhā. It is, therefore, hardly justified to claim that the punishment of Zina, prescribed by Shariah is applicable only in case of Fornication with mutual consent and not in case of Rape.

Abolition of Hadd and its Implications

Now, the question arises why so much pain has been taken to do away with the Hadd for Rape? The basic reason for this is the highly misleading propaganda against the Hudood Ordinance which a particular section of our society has indulged in since the promulgation of the Ordinance. According to this propaganda, a woman against whom the crime of Rape has been committed is allegedly required under the Hudood Ordinance to produce four witnesses in the Court to prove her charge against the perpetrator of the crime and in case of her failure she is herself to be held guilty and would be put behind the bar. An absolutely false and mischievous propaganda like that has been made tirelessly and with all impurity against the Ordinance, which has led even those occupying positions of responsibility to succumb to this brazen lie. Even the President in his address to the nation mentioned this as the sole justification for the so-called ‘Protection of Women’s Rights Bill.

When something, howsoever rubbish and false, is repeated vociferously through the media and becomes the talk of the town, even a person of learning and intellectual integrity trying to dispel the wrong notion and present the real truth is not often heeded. With all sincerity I would like to invite the attention of those keen to dispassionately look into the matter to please ignore for a while the propaganda let loose by our national media and ponder a little over my submissions which follow.

The factual position is that in my capacity first as the Judge of the Federal Shariah Court and then as a Member of the Supreme Court’s Shariah Appellate Bench, a position held for long seventeen years, I have been dealing with the cases and appeals lodged under the Hudood Ordinance. For such a long period of time I came across not a single case in which a woman victim of Zina bil-Jabr might have been convicted because of her failure to produce four witnesses in support of her complaint. That was simply not possible under the Hudood Ordinance, because the condition of four witnesses, or the admission of the guilt by the accused himself, has been provided for those found guilty of Zina bil-Jabr liable for Hadd punishment. No such condition is, however, there for Zina bil-Jabr punishable by Ta’zeer under Section 10 (3) of the same Ordinance. To prove the guilt even a single witness, plus medical examination and the report of the chemical examiner, would suffice under this Section to bring the male culprit to book and that is how most of those accused for Rape were always punished under Section 10(3). The victim (woman) was not punished at all.

One wonders about the audacity of those spreading the lie that the female victims of Rape were punished under the Hudood Ordinance because of their failure to produce four witnesses! Would they please let us know under which Section of the Ordinance those victims were punished?

They couldn’t have even been punished under the ‘Qazf Law’, because its Section 3 (2) clearly states that a person approaching the law authorities with the complaint of Zina bil Jabr can not be punished under the ‘Qazf Law’ simply because he or she has failed to produce four witnesses in support of his/her petition. No court of law can be expected to be so irrational as to convict a petitioner on that account. Alternately, she can be convicted for the offence of Zina bil-Ridha, not due to her failure to produce four witnesses, but only because the court is convinced after examining the case and the available witnesses that she is guilty of falsely accusing someone of dishonouring her forcibly, while the crime has actually been committed by her consent. It is absolutely in keeping with the norms of justice and fairplay to punish a woman found guilty of falsely implicating a man for forcibly dishonouring her when it is established by the careful examination of the case that she was involved in Zina with her full consent. It has, however, been very rare even in such cases to punish the woman. In almost 99% of such cases, the court, though not fully convinced about the veracity of her claim about the use of force, has set her free giving her the benefit of doubt because of the lack of sufficient evidence justifying her conviction.

An impartial survey of the cases registered and decided under the Hudood Ordinance during the last 27 years would confirm that all the Hon’ble Judges, who presided over such cases, including myself, had generally awarded punishment to the male partners in spite of the dubious nature of the female characters involved. Women have always been given benefit of doubt.

The propaganda against the Hudood Ordinance was launched by a powerful lobby of the country from the day it was passed. It was repeatedly claimed that the Ordinance violated the women’s rights and denied them justice. Impressed by such propaganda, Charles Kennedy, a US Scholar, visited Pakistan to ascertain the truth and meticulously examined all the cases decided under the Ordinance during the first five years of its enforcement. As a result of his painstaking labour he produced a well-researched Report. It was based on the data of his survey of the Hudood cases decided till then. Charles Kennedy in his Report noted:

“ Women fearing conviction under section 10(2) frequently bring charges of rape under 10(3) against their alleged partners. The FSC, finding no circumstantial evidence to support the latter charge, convict the male accused under Section 10(2). …. the woman is exonerated of any wrong doing due to reasonable ‘doubt rule’.” (Charles Kennedy, “Islamization of Laws and Economy: Case Studies on Pakistan”, P. 74).

The above findings of an impartial non-Muslim Scholar, who can’t obviously be expected to have any soft corner for the Hudood Laws, relate to those women who were evidently guilty of wrong-doing with their consent, but under the pressure of their family members lodged the cases of Rape against their male partners. The Federal Shariah Court did not ask them to produce four witnesses, but demanded them to furnish circumstantial evidence in support of their claim. They failed even to do that and convince the FSC of their being victims of force. In spite of this, they were allowed to go scot-free, while their male partners were convicted.

This goes to prove that the much-maligned Hudood Ordinance had no provision whatsoever seeking the female victims of Rape to produce four witnesses in support of their case, or else face conviction.

Some exceptions may have been there, where the Police might have colluded with influential male culprits and tried to circumvent the law before the case could reach the court and registered a case of Zina bil-Ridha against the woman approaching it to lodge FIR for Zina bil-Jabr. But such police highhandedness has nothing to do with any flaw in the Hudood Ordinance itself. Our Police Department is known to commit such violations of the law in respect of almost all crimes and subvert the hapless victims’ attempts to seek justice. We know that innocent victims are often put behind the bar on the false charges of keeping Heroin in their possession and similar other charges. Does this mean that we must abolish the law banning drug trade, or similar other offences because of the corruption or misdemeanors of a few Police Officials?

The Federal Shariah Court through its judgments had, nevertheless, tried its bit against such Police high-handedness. But to foreclose the chances of all such risks a law can be enacted to prevent the arrest of the female petitioner of Zina bil-Jabr under the Hudood Ordinance till the announcement of the final verdict. The law should also provide for exemplary punishment to anybody found guilty of apprehending the hapless petitioner. There can, however, be no justification whatsoever to abolish under any pretext the Hadd prescribed by the Qur’ān and Sunnah for Zina bil-Jabr.

Amendments Repugnant to the Injunctions of the Quran and Sunnah

As such it is established without any doubt that the way the Shariah Hadd for Zina bil-Jabr has been done away with in the so called Protection of Women’s Rights Bill is in total violation of the injunctions of the Qur’ān and the Sunnah. Moreover, this has no relevance with the redressal of the wrongs being committed against women.

Amendments Regarding Fornication and Their Implications

Another significant aspect of the Bill in question relates to Sections included in it under the subhead ‘Fornication’. Section 5 of Hudood Ordinance made the fulfillment of the Shariah condition of four witnesses compulsory to award the Hadd punishment for Zina bil-Ridha. In case, however, this precondition was not fulfilled but the offence was otherwise proved, the culprit was to be punished under Ta’zeer. The Bill in question, while retaining the Shariah punishment for Zina under Section 5 of the Ordinance, for which the condition of four witnesses was made compulsory, declares through its Section 8 the offence non-cognizable. It obligates the defendant to directly lodge her/his complaint in the court. As the offence has been made non-cognizable, no FIR can be lodged with the Police and that is how the crime of Zina bil-Ridha has safely been removed from the application of Hadd. Similarly, the Ta’zeer punishment provided for Zina in the Hudood Ordinance (in case of the absence of four witnesses) has been diluted by the following amendments:

(i) The Hudood Ordinance provided for imprisonment upto ten years for the offence of Zina punishable under Ta’zeer. The current Bill has reduced that period to five years, which though not contrary to the Qur’ān and Sunnah, is tantamount to giving further relief to the perpetrators of the offence.

(ii) Under the Hudood Ordinance, Zina was a cognizable offence. Under the Bill in question it has been made non-cognizable and hence the complainant of this heinous crime, have been denied the right to lodge FIR with the Police. They have further been burdened to produce two eye-witnesses while registering their complaint direct in the Court. The court has been authorized to record their statement under Oath and if convinced that sufficient grounds existed justifying further action, can summon the culprits. But the culprit has been spared to provide any surety to ensure his presence in the court other than his personal undertaking. In the event no basis is available to proceed with the case further, the court can dismiss it then and there. That is how the culprit has been provided the maximum facilities possible to avoid punishment. The offence of Zina (Fornication) has thus been made too difficult to prove and mild enough for the offender to feel secure, or rather encouraged.

Those with even the rudimentary knowledge of the Qur’ān and the Sunnah are well aware that under the Islamic Law Zina and debauchery are crimes against the society and the state and not just against an individual. This means that these constitute cognizable offences. However, because of the lack of trust over the Police in our social set up, it is understandable that the innocent couples should have also been guaranteed full protection against any unwarranted Police harassment. The Federal Shariah Court, in a number of its judgments has actually made significant recommendations to effectively check such occurrences. Zina had remained a cognizable offence during the last 27 years and due to the effective action by the FSC the rate of harassment by the Police had decreased many fold. In order to totally eliminate the chances of public harassment by the Police, the Bill in question could have further provided that Zina should not only be a cognizable offence, but also should be investigated by a senior Police Officer of the status of SP and no arrest should be made without the court’s order. Such a provision could have served to totally eliminate the risk of Police harassment while ensuring better prospects of justice to the victims. Unfortunately, however, instead of further strengthening the victims’ hands against the offenders and the high-handedness of the Police, the crime has been made non-cognizable and the criminal awarded ample opportunities to go scot-free.

Secondly, it is a cruel joke to impose on the petitioner the responsibility of producing four eye-witnesses in case of Hadd and two in case of Ta’zeer. This new provision of the Bill is contrary to the norms of justice and sets a new precedence in the history of our Criminal Law. Pakistan’s entire system of evidence provides that in the absence of the eye-witnesses judgments are to be based on the basis of circumstantial evidence. That is why medical examination and the chemical examiner’s report in such important cases form an integral part of our Witness System. According to Shariah, punishment under Ta’zeer can be imparted on the basis of even a single reliable witness, plus the circumstantial evidence. It is, however, intriguing why the complainant has further been penalized to compulsorily produce two witnesses while lodging his or her complaint. Isn’t it tantamount to providing further protection to the culprit?

Similarly, it is like tying the hands of the court by giving the culprit the facility of providing his personal undertaking and no other surety for ensuring his availability in the court. The situation differs from case to case and that is why Section (496) of Pakistan’s Criminal Procedure Code authorizes the court either to bail out the culprit on personal undertaking if the circumstances so demand, or to ask him also to furnish guarantees from others. The court has been given this option even in minor offences. It is, however, surprising to see that it has been denied the same option in case of a much more heinous crime like Fornication (Zina).

As for the provision allowing the court to dismiss the case in the absence of sufficient ground, Section (203) of the Criminal Procedure Code already authorizes our courts in this respect. The same provision has, however, been inserted in the Bill for reasons best known to its authors.

(iii) Under the Hudood Ordinance, a person proved guilty of Fornication, in the absence of the necessary preconditions justifying the award of the ultimate punishment of Hadd, could be punished under Ta’zeer according to Section 10(3) of the Ordinance. According to the Bill in question, however, an addition has been made in Section (203) of the Criminal Procedure Code and its Clause (6) now provides that such an offender, though proved guilty of Fornication, could not be punished under Ta’zeer.

The hard preconditions laid down by the Qur’ān and Sunnah for awarding Hadd punishment of Fornication, if not fulfilled, do not evidently allow the culprit to be spared even though strong circumstantial evidence may exist proving him guilty. The Shariah Law authorizes the court to award him punishment according to the severity of his crime. Doesn’t this mean that the Bill in question by absolving the culprit of all legal actions and preventing the court to proceed against him has strengthened the hands of the criminals, provided protection to crime and tried to promote promiscuousness and anti-women offences in the society?

Similarly section 12A of the bill provides that no case where an allegation of rape is made shall at any stage be converted into a complaint of fornication u/s 496B of the Pakistan Penal Code.

Before the passage of the Hudood Ordinance, those accused of Zina bil-Jabr often tried to escape punishment by pleading that they did commit Fornication but with the consent of their female partners. If the court also suspected the claim to be true, it used to set them free. The Hudood Ordinance had offered the much-needed respite to the women suffering the worst humiliation of Rape, and the man guilty of the crime was left with no room to claim that the heinous act was done with the consent of woman, as Zina, even if committed by mutual consent, remained a cognizable offence.

Even if the accused pleaded that he had committed zina with the consent of the woman the court was authorized to punish him of zina liable to Taazir u/s 10(2) of the Hudood Ordinance 1979 because of his admission that he had committed the offence with the consent of the woman, while the woman would not be punished under the same section because her consent was not proved merely on the admission of the accused.

The amendment proposed in the recent bill has reversed the situation and restored the earlier position. Now if the culprit of rape declares with all impunity before the court that he had committed fornication but with the consent of the woman and creates some doubt in using force against the female he may well escape any punishment because section 12A of the bill prevents the court from being converted the charge against him from rape to fornication. The bill is though ambiguous about whether or not a fresh complaint of fornication may be lodged against him but even if it is legally possible to lodge a complaint of fornication against the culprit, it is practically impossible for the woman to pursue such a complaint because it will be an admission on her part to be a consenting party which is in reality against the fact. Similarly no one else can lodge such a complaint against the culprit because the bill requires him or her to produce two eyewitnesses at the time of lodging the complaint, while in the situation mentioned above there is only an admission of the accused and not the eye-witnesses that may prove his offence. Consequently, the man accused of doing her wrong will be spared to face a criminal case against him in a court of law.

One may ask the authors and the champions of the Protection of Women’s Rights Bill the simple question: Whether Fornication is a crime or not? And if it is a crime, why have they inserted these strange provisions in support of the crime and offenders?

Other Amendments in Hudood Ordinance

The Bill in question has brought about some more amendments in the Hudood Ordinance as briefly noted below:

(i) According to an injunction of the Holy Prophet (PBUH), nobody is authorized to commute, or reduce the punishment of a person sentenced of Hadd by a court of law. The Hudood Ordinance under Section 2, Clause (5), had, therefore, provided that the powers given to the Provincial Government in Chapter 19 of the Criminal Procedure Code to change or reduce a punishment was not applicable in case of Hadd. The Bill in question ventures to make yet another significant and serious amendment by abolishing Section 2(5) of the Ordinance, which simply means that the government of the day has been empowered to commute or reduce the Hadd punishment awarded to any culprit by a court of law.

The above amendment is a clear violation of the following injunction of the Holy Qur’ān:

و ما کان لمؤمن ولا مؤمنۃ اذا قضیٰ ا لله و رسولہ امراً ان يکون لهم الخيرة من امرهم و من يعص الله و رسو لہ فقد ضل ضلٰلاً مبينا۔

(It does not behove a believer, male or female, that when Allah and His Messenger have decided an affair they should exercise their choice. And whoever disobeys Allah and His Messenger has strayed to manifest error.). (S.33: Al-Ahzāb, 36).

This should remind us of the famous incident when the Holy Prophet (PBUH) had reprimanded one of the closest and dearest of his Companions Hadhrat Usama bin Zaid for pleading mercy in case of a woman convicted under Hadd. The Holy Prophet had then declared:“Allah be the Witness! Even if Fātimah bint Muhammad is proved guilty of committing theft, I would implement the Hadd punishment by chopping her hand from the wrist.” (Sahīh Al-Bukhārī, Kitāb Al-Hudūd, Chapter 12, Hadith # 6788).

That is why there is a consensus of the Muslim Ummah that no government, or authority has the power to commute or reduce a sentence passed by the court of law under Hadd.

The above provision of the so-called Protection of Women’s Rights Bill is also, therefore, repugnant to the injunctions of the Qur’ān and the Sunnah.

(ii) Under Section 3 of the Hudood Ordinance, the provisions of the Ordinance were made supreme and binding and were to supercede any other law if found contrary to the Hudood Laws. This provision was in fact a reiteration of the supremacy of the injunctions of the Qur’ān and the Sunnah. The Bill in question has done away with this Section also.

The above provision of the Hudood Ordinance served to remove many legal complications and went specially in favour of the hapless women often dragged by their male tormentors in false cases to the court of law.

To cite an example, under the Family Laws Ordinance it is required that no divorce would be effective until its notice is given to the Chairman of the Union Council concerned. According to the Shariah, a woman divorced by her husband is free to enter into another marriage contract after completing the period of her Iddat. But in terms of the above provision of the Family Laws she was legally bound to live as the wife of the husband who had divorced her and was not permitted to marry another person without authentication of her divorce by the Union Council. There were cases when a woman after completing the period of her Iddat entered into marriage contract with another person Her former husband played twofold mischief against her. On the one hand, he did not send a notice to the Chairman Union Council as was due under the Family Law, and on the other hand he filed a complaint against the divorcee that she had married another person before the divorce could be effective, and therefore she has committed adultery. When such cases were brought to appeal before the Shariah Courts, the Appellate Bench came to her rescue by invoking Section 3 of the Hudood Ordinance, which gives it overriding effect. It was held that the Ordinance being based on the injunctions of Islam, the word “marriage” must be construed according to Shariah, and since the marriage of the woman is valid according to Shariah she could not be convicted regardless of the Family Laws.

Following the deletion of this Section and specially by removing the definition of Nikāh as provided in the Ordinance, the Bill in question has again dragged the women, whose rights it claims to protect, back to the same predicament of pre-Hudood Laws.

We had raised this issue in the Ulama Committee as well and it was finally agreed there to insert the following Clause in the Bill:

“In the interpretation and application of this Ordinance the injunctions of Islam as laid down in the Holy Quran and the Sunnah shall have effect, not withstanding anything contained in any other law for the time being in force.”

The above Clause is, however, missing from the revised Bill passed by the National Assembly.

(iii) Section 14 of Qazaf Ordinance explains the method of Li’ān as given in the Holy Qur’ān. Li’ān is a legal provision to annul marriage contract between the husband and wife. According to this law, if the husband accuses his wife of Zina and then fails to produce four witnesses, the wife would ask him to solemnly declare under oath, that his charge was correct and if he was a liar and was falsely implicating his wife in a heinous offence, God’s curse (La’nah) may fall upon him. To prove herself innocent, the wife on the other side would also have to declare under oath that her husband has been telling lie and if she was actually guilty as claimed by him, she may be accursed by God. Following this proceeding of Li’ān, the court would annul their marriage. It was provided in the Qazaf Ordinance that in case the husband refuses to take part in the proceedings of Li’ān, he would be held in custody so long as he does not agree to cooperate. The Bill in question omits this provision also, which simply means to give the husband the license to morally and emotionally torture his wife and allow her no avenue either to prove herself innocent or get her marriage contract annulled.

The Qazf Ordinance further provides that in case of the woman admitting her guilt during the Li’ān proceedings, she would be awarded the punishment of Zina. The current Bill has removed this portion of the Qazf Ordinance as well, which means that even if a woman makes a voluntary confession, she may not be punished, while it is she who demanded the procedure of Li’ān.

(iv) It was stated in Section 20 of Zina Ordinance that if the court is satisfied on the strength of the witnesses that the accused has committed an offence which was liable for punishment under any law other than the provisions of the Hudood Ordinance, the court could convict the accused if the crime fell under its jurisdiction. The above Clause was meant to simplify the legal proceedings. The Bill in question has also taken away this power from the court.

The Bill in question has removed from the Hudood Ordinance all criminal offences punishable under Ta’zeer and shifted it to PPC and the crime of Zina bil- Ridha liable to Hadd alone has been left within the purview of the Ordinance. As a result of this amendment, if a man found guilty of Zina is proved to have committed Rape, or in case the offence of Fornication is not proved but it is established that he had abducted the woman, the court can now convict him neither for Rape nor for abduction and it would be compelled to set him free knowing fully well that he was guilty of abducting the woman and dishonoring her. Consequently, the culprit will either be let off totally, or a fresh complaint under PPC will have to be lodged against him which will make the complainant face the torture of commencing a fresh trial from the beginning.

Law making is a very sensitive process requiring a cool and dispassionate mind-set. The law-maker has to keep before himself all aspects of the matter, free from his personal biases and in an air of impartiality. But when the law-making is done under duress in an atmosphere vitiated by hostile propaganda and negative slogans, the result is obviously the same as evident in the present Bill. The courts are then compelled to get involved in a long and tortuous process of legal hairsplitting and consequently the cases continue being transferred from one court to the other much to the detriment of the aggrieved person, who is denied an easy access to justice.

CONCLUSION

To conclude, we may sum up below the major failings of the Protection of Women’s Rights Bill, leaving aside the minor ones discussed in detail earlier:

(i) Under the Bill in question, the Hadd punishment of ‘Zina bil-Jabr’ has been completely abolished, which is in total violation of the injunctions of the Qur’ān and the Sunnah.

(ii) By removing Clause (5) of Section 2 of the Ordinance, which did not allow any government authority to reduce or commute the Hadd punishment once awarded by a court of law, the Bill violates the injunctions of the Qur’ān and the Sunnah.

(iii) By making Zina bil-Ridha and Fornication non-cognizable offence and offering the criminals various safeguards they have been virtually rendered un-punishable.

(iv) To compel the courts against awarding punishments to a culprit found guilty of other crimes as well is tantamount to encouraging the criminal and complicating the legal process.

(v) By amending the Qazf Ordinance and allowing the husband to refuse to participate in the Li’ān proceedings the women’s rights have been grossly violated which is totally against the clear injunctions of the Holy Qur’ān.

(vi) Amendment in the Qazf Ordinance resulting in exemption from punishment of Hadd for the woman in case of confession of Zina is also a categorical violation of the clear injunctions of the Qur’ān and the Sunnah.

In the light of these facts, I would earnestly request in the end all the members of Parliament and specially those wielding authority to kindly look into these and try to amend the said Bill in order to bring it in conformity with the injunctions of the Holy Qur’ān and the Sunnah and also to help the nation come out of the agony of confusion in which it has been cast.

2,659 Views

Preaching of Islam Through Movies & Drams Based on Religious Personalities & Historical Events, By Maulana Syed Muhamma Yusuf Banuri

Posted on June 14, 2020July 7, 2020 by maulana syed muhammad yusuf banuri

INTRODUCTION: These critics were arranged by Maulana Syed Muhammad Yusuf Banori R.A in Monthly “Bayyinat” – in its Edition 1973 this article was title as “The mimicry of non-muslims and Muslims – Photography and Islam”. Indeed today is a same situation in the World, therefore, we are reproducing Allama Banori’s invaluable article for this issue.

The Mimicry of Non-Muslims and Muslims – Photography and Islam!

How, courageously the Islamic Monumental Dignity, has been disrupting by the non-muslims, is nothing but for our own lack in the past that gave this bravery to them to carry on their vulgarity in different conditions. In our Country Pakistan like along with some other 22 Muslim countries were had exhibited that Historical Film – which was released from a Muslim Country – Egypt in 1973 – onwards named at Fajr ul Islam – Upon this all Ulama from their respective countries along with Pakistan were made confess against this exhibition at that time.

What the idea of an insanity of some nation is drawn in the above paragraph – it’s actual performance we can find amongst the Jewish and Christian nations. When they by their own wretchedness and disposition towards the Prophetic learning, to which they have not only forgotten but have disguised all the par excellent guidance which were revealed by Allah. And for the purpose of making support of their dead stock religion, they had have to prepare some exhibitory pictures – for example – Christians have made the some fictitious sketches of Jesus (Hadrat Isa); Marie (Hadrat Maryem) and some other pious personalities. Afterwards they made some planning to issue their deviated religion through the dilemma of these sketches and through the publication thereof, in the World. Therefore they exhibited their drama in the kind films presented before the public. In connection with this situation, some un predictable Muslims of Egypt thought – why should we remain failure in the mimicry of the Christians – thus they prepared a film named “fajr-e-Islam” under the head of Syndicate of Jamia Azhar – Egypt, and this film received a multiple response in its famousness in the area of Arabia. Now it has reached in this Pak (Clean) area – like Pakistan to make it Napak (unclean).

Through the Radio, TV and News papers, how much it has been advertised. Thus it was determined through the news papers that perhaps Muslims of this Country would receive some very special mean to rectify their Faith. And through these newspapers some of famous, so called Ulama-e-Deen have also been unjustly permitted to the public for watching the movie. Thereupon a number of Islamic sons are coming to watch this movie as “Islamic Drama”, is the worst situation of the Muslim World. We are from Allah – indeed we have to return to Allah.

Who do not know that in the sight of Islam the ‘photography’ is not only a hateful thing but is totally forbidden (Haraam). Then it is really accused by the annoyance of God. The photo maker Prophet Muhammad SAW has said:

المصورون أشد الناس عذابا يوم القيامة

“they will have a strong doom on the Day of Resurrection” and “the accursed of God is for those, who will have the picture in their homes and the angles are also hate them like to those who retains a dog in their home”. Thus, can we permit this film watching, even after receiving these alarms? Does it not calling to receive Allah’s apprehension and anger?

Then, how an effort can more effectively be made than this event, wherein the Prophetic era – the virtuosity of Islamic State – and the high excellent and spiritual lives of Islamic Personalities has been picture-zed. Which one the Prophet has called execrable and that moral period of Prophetic hood has been entered in this disguising. Thus, can it be an acceptable thing before Allah and His Prophet. Does it not stay behind the sense of the faith of the Muslims that they could even save the Prophetic period with this filthy way?

More than this, here is not a situation that what was happened (at the Prophetic period) the events have been reflected in the same manner, but the condition is that they proportionate to play the act in mockery situation. Some of the mockers have acted the role of Highness of the Prophetic hood, the role of Holy Prophet Muhammad SAW, (Nauzu billah). and some have played the role of sanctified persons the Shahaba RA (the Companions of the Prophet) then someone has played the role of Abu Jahal and Abu Lahab and other pagans, etc. then after its filming it was brought on the Screen. Now if it is staying some little sense of faith in any Muslim and also awakening its pride of Iman (faith), that he can’t bear for a while, that those who are in polluted and are a fetid sign in their selves, that they could be presented in the likeness of Holy Prophet or His Pious Companions or Sanctified Women, and to make an effort of play behind their part.

How much a disguise can be present for these Holy Personalities, and in the same way who (the Muslims amongst the character of the film) would have play the role of pagans Abu Jahal, Abu Lahab, and in the characterization what they would have cursed the Sahaba (the character of Companion of the Prophet), will they stay on their Religion (Islam) or will they remain Muslim or not?

And those viewers of that film, who take this film just for enjoyment, will their religion remain within themselves. And this is obvious that in these dilemmas various types of movements and stills, words and sentences will come forward, which really have no relation with the real history. Thus in this situation, it is being tried to relate the artificiality with the natural events is more offended to articulate the worst falsehood upon the reality. For this false imputation Prophet Muhammad SAW said:

من كذب علي متعمدا فليتبوأ مقعده من النار

“Whosoever, has formulated upon me the artificial and fake, he would seek his corner in the Hell”.

When there is publishing a fabricated sketch of the Holy Prophet in the News papers and Periodicals of the West, usually there are some protest found in our newspapers and even in the Muslim community some very strong lamentation is cried on; thus after these types of films, can the zeal of the faith be stayed intact and can they be rise their voice against the animism of Islam.

Now the conclusion is that, when Muslim are not feeling ashamed preparing these types of films then how they can control this blemishing act from the west. Consequently, after some period the anti Islamic moments will be publishing the fictitious sketches of these invaluable personalities of Islam, but they will be releasing more films upon the Holy life of the Prophet. Likely to those Orientelists have tried to present the Seerah of the Prophet in various fabricated ways, thus in future they can utilize more scandalous and criminal methods to present the Holy Prophet on the screen. (Now it has been proved through the somen News papers which had been predicted by Hadrt Allama Syed Yusuf Banori RA). And further these Muslim who, themselves have fabricated this cast cannot destroy any thing for these pagans.

Till now the pagans have always feeling some hesitation in respect of those pious Muslims, but now the Muslims should feel ashamed that what the work the pagans could not done, this fallacious and grimy work had begun under their hands. And in the last does it only the life of Holy Prophet and His most Gracious Companion are remaining for this filthy act of play and enjoyments of life were there any undutiful person can bear that from his mother and father daughters and daughter-in-laws would be played as these mockery characters on the screen and the public can watch them, Thus! Why this cursing activity has grown in their mind that only with the Holy Prophet and His Male and Female Holy Companions be used for this filthy act of play. Does their respect has come down by our own Mothers and Sister ?

The hypocrites were mock in the same way before Allah’s Prophet when there were protest from the Muslim they take it very easy and say that we were making a JOY for our heartily satisfaction. But Allah Tala had Answered them in the Holy Quran:

لا تعتذروا قد كفرتم بعد ايمانكم

“Don’t make an excuse, you have severely uttered the heathenism after having faith”

Thus it is clear that the Holy life of the Prophet Muhammad SAW or any corner of Islamic theology how it’s making joy is dreadful to the Faith of a Muslim. Therefore, it can only be adopted by those whose hearts have emptied with Faith in their Religion.

The summary of this address is that:

1- In Islam the sketch / photography is totally forbidden and it causes for abusive imprecation.

2- It is a great insult to the pious personalities of the Prophetic period mixing with this abuse and curse attempt.

3-The elements of these events will be fabricant approaching to false claiming upon the Apostleship.(is severe punishable resort before Allah)

4 -Actors and Actress, whoever are playing the role of Holy Prophet and His Holy Man & Women Companions are very ashamed thing in Islam.

5-In the last, the life of Holy Prophet is used for a joy of life and plays etc is no doubt is paganism.

6- This will open the door for the non-muslims that they can match these fictitious, fabricated films and mean sketches to the real period of the Holy Prophet, which will cause treacherous results.

Therefore, we would to request to the authorities of the Pakistan, that they should kindly to save this nation arid cease to be imposed to this Film – ‘Fajir-e-Islam’ , And will appeal to all the Muslims of this Country that not only to boycott to this film but to rise their voices against this film but obstruct it very dynamically through all means. In this case specially the Ulamas, Khutaba (Imam Masjid), Scholars and other leaders of the political agencies should make strive hard on keeping the faith that if all the World collectively want to exterminate the Lawful things in to Un-Lawful (converting the Halal in to Haram) but it could not be grasped by the World. Now some of returns for the act of dissension by the Muslim Community have met in this World and some remaining will be found in the future.

Have this another issue, that as yet the shore of the film “Fajr-e-Islam” could not have settled down, but Iblis (the devil) has taken over a step – (Allah Forgive us) – himself has made a mockery of the Prophet Muhammad SAW and prepared another film upon this issue. Let these news from Karachi press be read. Twelve Islamic Countries are ready to release this film in their country and this film has obtained the permission by Jamia – Al-Azhar – Egypt and a council of Shia Ulama.

” Theran – July 20 (UPP) – A Film has been signed will be prepared upon the life of the Holy Prophet Muhammad SAW, this has been agreed on the last week. By this agreement, this film will be released in several other languages along with the Persian language and will be exhibited in twelve ,Islamic Countries of the World. This film is being presented by a team comprising the labnan, Kawet, Behrain and Maraco. It’s director is Mustafa Aqad and it has been approved by a supreme council of Shiate of Labnan and Jamia-Al-Azhar from Egypt,” (Ddily Aghaz – July 21, 1973)

If the Muslims will not awoken by the conspiracy of the Jewish and Christions and other hypocrites thus how can it be chorged else the hearts of the Muslim Ummah have become rusted, And this will very soon, call a shameful doom by Allah and the nation is going to a vigorous torment. We are from Allah – indeed we have to return to Allah.

2,222 Views

Should Qur’an be Studied in the Light of Structural Anthropology? A critical Analysis, Letter By Prof. Muhammad Hasan Askari to Prof. Muhammad Arkoun Algerian

Posted on June 13, 2020July 5, 2020 by admin

INTRODUCTION: The late Prof. Muhammad Hasan Askari, whose translation of the Ma’ariful Quran is a permanent feature of “Al-Balagh International” was originally a scholar and critic of the Urdu, English and French literature, also recognized for his vast knowledge of the modern trends in philosophy and the related subjects. By virtue of his extensive knowledge and experience he was fully aware of the danger inherent in the superficial efforts of the so-called modern interpretation of islam’ mainly based on the ever-changing Western concepts. In a number of articles he has shown the fallacy of this approach on pure academic grounds.

The following is a letter he wrote the Prof. Muhammad Arkoun, an Algerian scholar who had written a preface to a French translation of the Holy Quran in which he had suggested a new methodology for the exegesis of the Holy Quran. The letter was written in Nov.25, 1975, but the points raised therein of great benefit ever today. With our gratitude to the quarterly journal Studies in Tradition’ where this letter has been reproduced recently, we have the privilege to publish it our readers.

On New Methodology Of The Quranic Studies

A letter by Prof. Muhammad Hasan Askari to Prof. Muhammad Arkoun Algerian

I am very happy to receive your letter and I thank you for your kindness. By all means write to me in French. I can follow it with ease, for I have translated Stendhal into Urdu. My only regret is that I cannot write French with fluency, for I have very few occasions to do so nowadays though I have written some 300 pages in my bad French on the subject of Islam and Muslims in Pakistan and India in the shape of letters to the late Michael Valsan, the Editor of “Etudes Traditionnelles” who had started publishing them in his review, but his death interrupted the process. Excuse me if I write a longish letter and take your time but I have so much respect for you and your work that I want to establish a proper rapport with you.

Scholarship

Your Preface to the Holy Quran was introduced to me by a lady who after taking the Maitrise degree from Paris VII under the joint supervision of “Charless V”; and me, was doing her Doctorate in English Literature at your own Paris III. She was so enthusiastic about your Preface that she was reading it again and gain. Muslim writers who write about Islam in European languages are for the most part rather superficial. So I was immediately impressed by the great ease with which you move among western ideas and the probity of your mind and your wide ranging intellectual interests. Naturally, I wanted to know more about you and I found Dr. Hamidullah full of admiration for your scholarship and sincerity of purpose.

As for me, I used to be what is known as “a man of letters”, and your’ colleague, Prof. Andre Guimbretiere, Head of the Pakistan-India-Bangladesh Department, had a kind word to say about me in his article in “Les Litteratures Contemporaines a travers le Monde” (Hachette, 1961). My field is a little limited (that is literature) and I do not meddle too much with things which I do not understand so I cannot say that I write on Islam. However, one or two trifles of mine have appeared in French, and would be easily available in Paris:

(I) “orient et occident: Ibn e Arabi et Kierkegaard”, translated from Urdu into French by Prof. Guimbretiere, in ” Reveue de Metaphysique et Morale”, along with a six page rebuttal by Jean wahl, followed by other from Henri Corban in 1963 issue.

(II) “Tradition et Modernisme dans le Monde Indo-Pakistanais”, in “Etudes Traditionnelles” (MaiJuin et Juillet-Aout, 1970.) The same review published extracts from my letter in the same subject in Janvier-Fevrier, 1969. I have also translated a few sufi texts from Persian and Urdu for this Review, but they have not been published so far perhaps the review itself has died.

Islamic sciences preserved by Ulema of subcontinent.

I am glad that you are interested about Islam and Muslims in our region. There are a number of books on the subject in English but unfortunately the writers take a historical or a sociological view and have no proper understanding of the metaphysical basis. Sadder still, even our Arab brothers are not properly informed about us, do not know the fact that from the 17th. Century onwards the task of preserving and furthering Islamic sciences was taken up by the ulama (religious scholars) of this Subcontinent The highest achievement in this respect is the collection of the letters (in Persian) of Sheikh Ahmed of Sarhind known as Mujaddid Al-Thane, written in the first half of the 17th. Century. Arabic translation of these letters was made in the 19th. Century and has recently been republished in Turkey. If you are interested, you can write a line to the publisher for the complete edition or a selection of the letters and you will get it free for he is an engineer and has been distributing the book all over the world without charging any price:

Huseyn Hilmi Isik, Kitabevi, Darussafaka

Caddes No. 72, P.K 35, Fathi, Istambul, Turkey.

Next come the works (mostly in Arabic) of Shah Walliullah of the 18th. Century, who is known to Arab countries as Sheikh el Dehlavi. Many Orientalists are now working on his books, and I suppose you are familiar with his Hujjat-ul-Balligha, which has been in Beirut too. If you so desire I should be glad to send some of his Arabic works to you. Louis Gardet found them immensely helpful. Out of thousands of books that have been written in Arabic, here I should not forget to mention a book of philosophy written in the 17th. Century: Al Shamsul Baazighah by Mulla Mahmud of Jaunpur. I may venture to remark that during the 19th. and early 20th.Century Urdu has developed into the third great Islamic language, coming after Arabic and Persian.

If you ever need any information or documents with regard to Islamic sciences in the Sub-Continent, I am always at your service and will be happy to send you anything that you require.

Now turning to your Preface to the Holy Quran I make bold to offer without going into details a few broad and general considerations not in a spirit of carping criticism, but as random thoughts that occurred to me while reading your Preface. After all you are specialist in philosophy, linguistics; etc. as well as in Islamic studies while I am only an amateur even in literature. So you know better.

Continuous changing Trends of West

(1) Your desire to make the Westerners read the Holy Quran sympathetically is quite legitimate and even necessary. But one may as legitimately ask: when a sacred book is in question, may one make large concessions to the mentality of possible readers? Is one to present a sacred books its adherents see it, or as the readers foreign this particular tradition would like to see it? An average Western reader is likely to take up the Holy Quran only out of a desire to find out what the Muslims believe in. Will it not be far more satisfactory to such a reader if he is provided with the established and orthodox view of the Holy Quran? He may not agree with this view, but he will have got the information he needs. Then how long will we, the Westernized Muslims, go on being on the defensive and apologetic? Your Preface was written in 1970. Things have been happening in the world since then. Do the new circumstances not require a new stance on our part? Please allow me to be more candid. I have been glancing through Arabic newspapers and magazines and also through Persian ones. I have read a report on the seminar of Arab intellectuals held in Kuwait and also the proceedings of a cultural conference in Iran. I am struck by a strange anomaly while Arab intellectuals demand more Westernization,

the Iranian avant grade wants nothing but pure orthodoxy, I observe the latter tendency among the writers of Pakistan and other Muslim countries though much feebler than the Iranians. So I have been led to believe that one cannot do justice to the questions of Muslims and Islam in the present world without being aware of two Iranian books: “Islam Shanasi” (Understanding Islam) by Dr. Shariati, a friend of Kateb Yacine and “Garb Zadagi” (the disease of Westernization), a small book by Jalal Aale-Ahmed, the translator of Stendhal, Flaubert, Sartre, Camus, Dostoevsky etc. The second book has become a sort of manifesto for the avant garde and many university students know it by heart. Things have gone so far that Henri Corbin has become in the eyes of Iranian writers a pompous clown who descends on them to explain the meaning of Shahabuddin Suharwardy or Mulla Sadra. Thus, there is a new mood abroad in the Muslim world and there is a thirst for going back to one’s own sources even a demand for the revival of orthodox methodology in the study of poetry. I find that in most Muslim countries the best minds are passing through exactly the same trajectory; Baudelaire, Rimband, Sartre, Camus, Kierkeggaard, Ibn e Arabi, the Holy Quran and Hadith. I am sure that you yourself are quite aware of these new facts and will naturally keep them in view while writing your new book on the Holy Quran for which I shall be waiting impatiently.

Study of Quran and Anthropology

2) You propose that the Holy Quran should now be studied in the light of linguistics, cultural anthropology, structuralism etc. I not only understand but admire such a wish and I am certain that a man possessing necessary acuity of mind as you do can perform the task brilliantly. Once upon a time when Wilhelm Reich was still a laughing stock of psychoanalysts and exactly fifteen years before he became a cultural hero of Parisian students a man with such meager intellectual resources as I, extracted a methodology for studying literature out of the characterology and ontology of ,WR, (Wilhelm Reich).

And allow me to confess with deep shame that I started to study the Holy Quran only in 1959 out of a curiosity to trace in it the Cosmic Orgonotic pulsations. “WR” being, if anything, more “in” than linguistics in 1975 I cannot help being thrilled at the prospect Of the ultra-chic Western sciences finding an application in the field of Islamic studies as well. There is however, a peril. You of course have the necessary intellectual equipment and scholarship and sense of responsibility too. But what of those who will follow your lead without these qualifications and merely out of a desire for adventure? Would it not be opening a pandora’s Box? Then there is a more weighty consideration. Intellectual trends keep changing in the West as swiftly as the width of bikini suits. By the time you have finished your study of the Holy Quran from this point of view or that “L’ intelligence contemporaine” you want to appeal to, will have Started demanding something else. I recall the visit that Louis Gardet paid to me in I 970. Just to be polite to him I remarked how popular Strauss was getting in the English-speaking world. And he exclaimed with surprise: ”Who reads Strauss now?” And I could save myself from looking like a fool only by mumbling a few words about Lacan. Foucault and Althussere. Gardet on his part was full of Marcuse, who had already started to lose his punch in America. To take a more general example, Freud has hit ”L’ intelligence contemporaine” after all? My dear brother you are a Philosopher. contemporaine francaise” so late that even twenty years ago Anglo Saxon psychoanalysts used to laugh at their French counterparts for taking Stekel seriously. So what is this “L’ intelligence contemporaine” after all? My dear brother you are a philosopher, for your ideas and intellectual trends reside in the mode of succession. I am an ordinary student of literature, for me they reside in the mode of simultaneity, For example everything that is new and fresh and exiting in the pop culture of today for its admirers is for me as old and stale and boring as the Dadaists. So, when it’s the question of intellectual fashions, I cannot, in my depravity help contemplating them with a certain amusement. And I ask myself: Is it at all legitimate to subject the Holy Quran, which Muslims believe to be eternal to the vagaries of changing vogues? It might be said answer to this question that the West alone is capable of investigating things from an objective or scientific point of view and the changing fashions are only part of the ever changing. ever continuing search for truth. So we must go along with the West.

Fine enough, but you must be aware of the great popularity of Castaneda’s book on the Red Indians in America, and you yourself are an admirer of ”La pensee Sauvage” .Now if the Red Indians and primitives can be allowed the privilege of possessing a point of view peculiar to them, should Muslims alone be denied this basic right? At a time when the savage mode of thought is not only been legitimized but even been glorified and further still, being actually sought by thousands of western youths, should Islamic orthodoxy alone be gagged and throttled?

Linguistics as a means of study The Quran.

3) Your desire to promote linguistics as a means of studying the Holy Quran is also laudable. But if one gives to the Holy Quran the kind of significance as sacred book which it deserves and which, I am sure you do accord, one had better given before embarking such an uncharted adventure, some thought to the nature and origin and the orientation of the approach one wishes to adopt. Linguistics is supposed to be a new science. As to what science is in its basic urges, I may remind you that Einstein himself is on record as having said that he was not concerned with discovering this scientific theory or that, but with knowing how the mind of God works! As for the linguistics, one would forget at one’s own risk its roots in British Logical Positivism and the Vienna School of Philosophy, both of which motivated by a maniac depressive pursuit of denying the possibility of metaphysics. I do not see how a sacred book ‘qua’ sacred book can logically be submitted to such a scrutiny. And if one respects “L’ Intemgence contemporaine” one can already see it rejecting such philosophies. (Vide the recently published collection of essays, ”The Dark Rainbow”). Moreover, the application of linguistics to literary texts has already got a history behind it. Some ten years ago there was a battle royal in France between professors Roland Barthes and Picard Barthes, accusing French critics of being out of date and far behind the Anglo Saxon Anglo-Saxon critics in using linguistic methods for the study of literature, and Picard defending the methodology of the Sorbonne. Within five years, even American and Blitishers had to admit that the French were far in advance of themselves in the science of linguistics, and by 1974 they came to feel that Roland Barthes was the best literary critic in the world in the linguistic mode superior even to the Norwegian Jacobson. Bai1hes being the latest culture hero, let us look at what he has been doing lately. Take “siz” in which he has tried to understand a writer through linguistic methods and his book on Japan in which he has tried to understand a civilization. What are these books fundamentally but fantasies? If all one wishes to do is to indulge in a daydream, or as the American say “to go on a trip” where is the need for the paraphernalia of linguistics? If all one wishes to accomplish is to pick up a pea, should one really call to one’s aid a hippopotamus?

Is Strauss helpful in the study of Quran?

4) You seem to feel that Claude Levi Strauss would be very helpful in the study of the Holy Quran Apart from the question whether he is still ‘in’ or ‘out’ his basic dilemma is two-fold:

a) He is dissatisfied with the “objective” method of science, and would like to try “objective” approach in cultural anthropology but for a final verification of his results he would again return to the “objective” method. He totally fails in deciding between the two, or in arriving at a synthesis.

(b) He is open-minded enough to reject the established Comtian view of magic and ritual as merely an intermediary step towards science, and to affirm “la pensee sauvage” as a mode parallel to scientific thought. But he cannot shake off the conviction habitual to westerners that the scientific mode is, after all said and done, the super mode. Tus he keeps, to use a vulgar English idiom, ‘shitting from ham to ham’. The ambiguity arises from his failure to evolve, perhaps even to see the need of a clear-cut idea of hierarchy. Hence, also the fluidity of a half a dozen significations which he gives to the words “real” and “reality”, on the same page. I find that Wilhelm Reich’s concept of “reality” is much more coherent and all of a piece than anything else available in the West today and that “L’ Intelligence contemporaine” is being very perceptive in raising him to the status of a modern “myth”. At Oxford they say that Strauss is a very difficult and hence a great thinker. I would very humbly suggest that he is very difficult because he is woolly in his thinking. Take a single example. Everybody has always been saying that a work of art is a metaphor. Strauss has made the discovery that the scientific approach is of a metonymical order (English translation of’ ‘la pensee’ sauvage”, page 25). In reading the rest of the book, we keep marveling at the ingenuity of his thought, and also wondering as to who far the analogy is correct for, if science recreates an effect by its cause, walking toy may be said to do the same and hence deserve the name of a metonymy. We keep wandering till we come to page 205, where we find the proud declaration: ‘We need not in this work regard ourselves as bound by grammarians’ refinements. This too, I suppose, is’ a great contribution to philosophy on the part of “L’ Intelligence contemporaine” for, according to this view, any attempt to define the meaning of a word is to indulge in a contemptible “refinement”. Even otherwise one of his favorite phrases is: ”to put it in a crude way”. I only wish that Strauss had deigned to read the American thinker Kenneth Burke on the four tropes to find out what happens to a society when it begins to confuse a metonymy with synecdoche.

New Methodology: Phenomenon Humain.

5) In your Preface you are very sanguine about the prospect of the study of Holy Quran according to a new methodology leading to “Elaboration d’un humanisme a’ la mesure. de notre temps” (p30). Since I am not as informed about ‘la mesure de notre temps” as you can be in Paris, I would very much like to know who represents this humanism. Strauss? Foucault? Marcuse? Reich? “Charlie” Bebdo? If one were to believe as eminent an humanist as Simone de Deuvoire, Mademoiselle Brigittte Bardot too just oozes with the milk of “I, humanisme a’ la mesure de notre temps”. And only last month no less a person than madame La Becarie who has all the. proportions necessary for a “mythical structure” delivered herself of the exquisitely humanistic sentiment that she very swiftly induces her man into detumescence which again is a highly monumental procedure ‘releasing an effect by its cause’ (Vide Strauss). I am not at all being facetious, but taking these phenomenon as seriously as the greatest representatives of “L’ Intelligence contemporaine”. do “a’ Ia mesure de notre temps”.

6) You see the Quranic language as a “mythical structure” and advise the Muslims to study it in the light of the new concepts of the ‘myth’ which have been advanced by modern psychology and cultural anthropology. It is wholesome idea but it is rather disturbing that you also express the desire for ”demystification et demythologisation” (p31). In this phrase you are plainly using the word ”myth” in the 18th. Century meaning of this term. I do not understand how these two things can be done at the same time. Or perhaps it means, that Islamic doctrine should be beaten into pulps in the mortars of the 18th. Century, and then this pulp should be fed into the mould of the 20th. Century to produce something exotic “a’la mesure de notre temps”. I notice that you do draw a distinction between ”(de) mythologisation” and “(de) mythisation” (p35). But in practical terms it would mean leaving things at the mercy of the idiosyncrasy of the individual writer.

7) I have a suspicion that you have been rather unjust to Mohyuddin Wal-Millat Imam Ghazali and his ‘Al-Qirtas ul-Mustaqem. Can we not put it in this way: he was pressing Aristotle, the Strauss of his day, into the service of Islam? If he discovered AristoteHan syllogisms in the Holy Quran, after all you too have discovered ‘mythological structure’ in it. Where is the difference in procedure? Does the difference lie in the fact that ‘myths’ and ‘structure’ enjoy a greater ‘cachet’ these days? And is Aristotle really so out of date? You yourself have recommend Maritain to the attention of Muslim writers, and I too would recommend him to our modernizers. But shall we ignore Maritain’s of Aristotelian logic? I do not purposely mention the American intellectuals for whom Aristotelianism is very much alive and kicking. For, you have not included any American thinker in your catalogue of modern luminaries. Perhaps at Paris I’ll no Americans stands for “L’intelligence contemporaine’ ‘, (while things may have a different look at Paris VII and VIII.

8) You want to deal with the Holy Quran phenomenologically as a “phenomenon humain” in other words, not as Muslims see it but as you would like to see it in order to legitimize it in the eyes of the westerners. In that case, the Holy Quran would cease to be a sacred Book and become a historical document inspite of your “vision imaginative transhistorique” and it would be of little interest even to an average westerner who turns to the Holy Quran believing it to be sacred Book of the Muslims. for whom, then would you be waiting your book? For the Muslims would certainly not thank you for an effort to this nature. The Holy Quran stands as a Devine Book; it can have no other relevance.

9) As for your effort to promote the new Protestant theologians among Muslims, that my dear brother is the limit. For, even the West has not produced another group of imbeciles. I would rather follow Andre Breton than Karl Barth.

10) You are very kind to the sufis and shias. But would any sufi or shia worth the name, past or present, agree to see the Holy Quran treated as a phenomenon humain’?

11) You want to read the Holy Quran analytically and critically, which is a noble undertaking indeed. I would now humbly request you to read a page of Strauss or Barth as well critically and analytically.

12) I am extremely happy to note that you are aware of making “des formulations imprudentes” (p35). This is the most relevant sentence in your Preface. I acknowledge that you are a very learned man and I myself am a novice in learned matters. But for the last forty years or so, I too, in my humble way, have been concerned with ”I’ Intelligence contempormne” and “des measures de notre temps”. So, I suppose I have not been impertinent in writing to you such a long and tedious letter. But I have had no wish to offend you in the least. I have spoken to you frankly as one Muslim would to another, and I would not have written to you at all if I did not respect you deeply and did not sincerely admire your great capabilities. But if there is still something offensive to your sentiments in my letter I offer my profound apologies. Burn this letter, and forget all about me. But if you find some sense in my humble suggestions, we can go on to discuss the details in a spirit of fraternal co-operation. For,I still believe that if you admit the proper orthodox point of view, you would win the gratitude of millions of westernized Muslims all over the world.

I end with assurances of my deepest respect and regard for you.

1,410 Views

Islam & The State: A Response To Javed Ahmad Ghamidi, By Mufti Muhammad Taqi Usmani

Posted on June 12, 2020June 29, 2020 by Mufti Muhammad Taqi Usmani

Translated by: Waqar Akbar Cheema – Headings By: Umar Anwar Badakhshani

Introduction: It is a great irony of this age that modern scholarship has started advocating secular views In the name of religion. Especially they want to get rid of the very basis of Pakistan, The Two-Nation theory. Recently Mufti Muhammad Taqi Usmani has written a response to Mr Ghamidi’s article “Islami riyasat: Aik Jawabi bayniah” (Islamic State -A counter Narrative). It is, in fact, a call to the political leaders and ruling elite to curb this kind of assertions and effort of insertion of secular ideas when Pakistan is passing through its most critical time of its history.

The foundation & ideology of Pakistan

The foundation of the Pakistan inovement in pre-partition India was the ideology of Muslim nationalism. In response to the British and the Hindus who considered all Indians as one nation, Quaid-e-Azam Muhammad Ali Jinnah vociferously propagated the Two Nation Theory, that there are two nations in India namely, Muslims and Hindus. Muslim thinkers and religious scholars (1) fully supported this idea. The memories of the chanting of the slogan “Pakistan ka Matlab Kia? La Ilaha llla Allah!” (What does Pakistan stand for? There is no God but Allah!) are still fresh in my mind. Eventually the Muslim majority responded to the call of the Quaid and as a result of the unforgettable sacrifices the dream of Pakistan was realized.

The Ideological basis of the Constitution of Pakistan & its distinguishing feature

Though the foundation of the idea was already clear yet the first Constituent Assembly passed the Objectives Resolution which set the direction of the state. It determined that sovereignty belongs to Allah and the eIected representatives shall exercise their rights in accordance with the Qur’an and Sunnah. With slight variation of words this resolution has been a part of all constitutions of the country throughout its history (1954, 1956, 1962, and 1973) and is still a part of the constitution of which we can be rightfully proud.

After discussions for over a quarter of the century the entire nation agreed to it and when the constitution was framed it included the article, “All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, … , and no law shall be enacted which is repugnant to such Injunctions.”(Article 227). The now in force constitution of 1973 was approved by the consensus of all the political and religious parties of the time and even today all the (mainstream) political and religious parties seek to protect it. It has been further supported by the recent historical agreement between the government and the opposition. Apex courts have also declared it a part of the essential underlying spirit of the constitution.

A “narrative on religion” or An “advocacy of secularism”

Recently, however, some voices are again being heard that in order to rid the country of terrorism it should be secularized. In other words the call is being made to discard all the ideological, political and practical efforts to set the direction of the state and to make altogether a new start.

At this critical juncture when all the segments of the society have resolved to defeat the menace of terrorism, questioning the very foundations of the state and to call for changing the agreed upon outlook of the state is akin to opening a Pandora’s Box, and even the thoughts of ensuing troubles on this road gives one the goose bumps.

A reflection of the secularist agenda has come through a “counter narrative” in the name of religion. It was published in Daily “Jang” on January 22, 2015 under the title, “Islam aur Riyasat: Aik jawabi bayaniah” (Islam and the State: A Counter Narrative.) The author (Mr. Javed Ahmed Ghamidi) [2] has termed his thoughts as a “narrative on religion” instead of “advocacy of secularism.”

The objective of the narrative, in the words of the author; is that not advocacy of secularism but only a counter narrative on religion can bring the positive change. Despite repeated readings the points of the narrative do not cease to appear weird to me and despite thinking of a number of possible interpretations I cannot resolve the internal contradictions among these points.

As such there are a number of points in the article that need to be commented upon; however, in brief some of the mutually contradicting points and their repercussions need to be highlighted. It is important because not only that these points are against the very idea on which Pakistan was created, but they also tend to call for such a vague and loose system that has no conceivable practicability.

State and religion

His first point is, “it is baseless to think that a state also has a religion and there is a need to Islamize it through an objectives resolution and that it must be constitutionally bound to not make any law repugnant to the Quran and Sunnah.” The evident meanings of this assertion are that the Objectives Resolutions which is part of the constitution and article 227 is not just unnecessary; it is actually baseless.

The basic idea of the Objectives Resolution is the sovereignty of Allah. To call the Objectives Resolution unnecessary and baseless is nothing short of declaring the state recognition of the sovereignty of Allah is baseless.

This is the reality of the narrative presented as an alternative to “advocacy of secularism.” Firstly, it is difficult to understand the difference between ‘advocacy of secularism’ and this ‘religious narrative’? Secularism stands for divorcing the business of the state from religion as religion, it contends, is a private concern of an individual. Secularism also says there should be no religious obligation on the legislature and, therefore, the Objectives Resolution was misplaced. Mr. Ghamidi has said the very same things. Does mere change of label change the reality of the contention as well?

Further, under point 8 Mr. Ghamidi himself writes that the Qur’anic verse, “The affairs of the Muslims are run on the basis of their mutual consultation” (42:38) requires establishment of a parliament and “neither scholars nor the judiciary is above the parliament. The Quranic principle of “The affairs of the Muslims are run on the basis of their mutual consultation,” (42:38) binds every individual and every institution to practically submit to the decisions of the parliament even though they may differ with them. It is only this way which is justified in setting up the rule of Islam and to run it. If any other way is adopted to set up this rule, then it will be illegal.” Together these two points mean the parliament shall be established according to the Qur’anic principle of consultation but once it is established it cannot be bound to abide by Quran and Sunnah, yet all the individuals and institutions can be bound to submit to the decisions of the parliament.

First question is, if the state has no religion and its conduct cannot be bound by Quran and Sunnah on what basis then is the Qur’anic principle of consultation binding upon it? How can it be the ‘only way to set up the rule in Islam’ when the state has nothing to do with religion in the first place? Secondly, if following the lead of Western countries the parliament passes a law permitting same-sex marriages; will this Qur’anic principle still bind every individual and institution to submit to the parliament’s decision though they may differ? If it does not bind them, what’s the reason for it as the parliament is not bound by the limits set by Quran and Sunnah.

Demand for implementation of Sharia orders and the State

In point 9 he says, “that among the positive directives of religion, a collective communal Muslim setup can, if it desires, legally require from, them only to offer the prayer and pay zakat.” By “collective communal setup” perhaps he means the state. If so, then does it mean state can forcibly demand offering prayers and paying zakat and punish people for non-compliance? If legally binding the people to offer prayers is indeed a Qur’anic instruction as Mr. Ghamidi has stated, the condition “if it desires” practically means it is a discretion of the state to follow Qur’anic instruction or not. Against this what will be the significance of the verse, “It is not open for a believing man or a believing woman, once Allah and His messenger have decided a thing, that they should have a choice about their matter;” (33:36)?

The issue of supreme authority in islamic state

In his point 9 (i) related to social rulings Mr. Ghamidi says, “.Without their consent the state shall not impose any tax on the people other than zakat. If a dispute arises in their personal affairs like marriage, divorce, distribution of inheritance and other similar matters, then it shall be decided in accordance with the Islamic Shariah.” This again raises multiple questions;

1) When the state has no religion and it is under no obligation to legislate in the light of Qur’an and Sunnah, how could the judiciary be bound to decide these matters according to shariah? If the parliament legislated on such a matter without any regard for shariah why should it not be binding to submit to it as stated by Mr. Ghamidi under his point 8?

2) When it is said, “Without their consent the state shall not impose any tax on the people other than zakat,” naturally the consent of the people means the consent of their representative parliament. This effectively means for any other tax, consent of the parliament is required but it is not required to impose zakat. If this was the intended meaning, how will a tax be imposed without the legislative sanction of the parliament (given that state has no religion)? What will be the sanction for it? If the sanction for it is Qur’an then it will practically mean Qur’an is superior to the parliament. What then will become of the ‘state shall have no religion’ principle?

Thereafter, he says, “If a Muslim is guilty of murder, theft, fornication, falsely accusing someone of fornication (qadhf) or spreading anarchy and disorder in the land and a court is fully satisfied that he does not deserve any leniency arising from his personal, familial and social circumstances, then those punishments shall be meted out to him which the Almighty has prescribed in His Book for those who have whole-heartedly accepted the call of Islam.”

This again leads to two questions:

3) Is it mandatory for the parliament and the government to establish these penalties on such Muslims? If it is mandatory as per the Qur’anic instructions, how could the parliament be bound to legislate according to Qur’anic ruling when it is not bound to follow Qur’an and Sunnah? Why could it not legislate some other penalties or make any of these acts (like consensual sex) permissible?

4) When these penalties are to be established for the Qur’anic sanction, does the Qur’an limit them only to Muslims who accept Islam with clarity of mind and exempt the thieves, murderers and the mischievous from amongst the non-Muslims?

The basis of Nationhood in Islam

In his narrative Mr. Ghamldi has also stated, “The basis of nationhood in Islam is not Islam itself, as is generally understood. At no place in the Quran and Hadith has it been said that Muslims are one nation or they must become one nation.” This is the same of Two Nation Theory on which Quaid-e-Azam based his case for Pakistan. It is respectfully submitted that the issue is not whether Muslims have been referred to as one nation in the literal or general sense of the word. The issue actually is whether it is right to distinguish Muslims from non-Muslims as a separate political and social entity and to make the demand for separate land for them on this basis?[3]

In the literal sense the Prophets addressed their specific “nations” but none of them established a political unity on this basis and if they established a state they did not do it on the basis of race or color rather they established it on the basis of Islam. This is what happened in the case of rule of Prophets Musa, Dawud and Suleman (peace be upon them all) and also in the case of the Last Messenger of Allah’s rule in Madina. However, it guaranteed all civil and religious rights to the non-Musliins citizen.

The Political System of Islamic State

Under his point 2 Mr. Ghamidi has stated that, “Neither is khilafah a religious term nor its establishment at the global level a directive of Islam.” (Against this claim consider the fact that) Allah says in the narrative about Adam, “I am going to create a khalifah on the earth!” (Qur’an 2:30) Regarding Dawud (pbuh) it is said in Qur’an, “We have made you a khalifah on earth” (Qur’an 38:26). Moreover at another place it is said, “Allah has promised those of you who believe and do good deeds that He will certainly make them (His) khalifah in the land, as He made those before them, and will certainly establish for them their religion which He has chosen for them, and will certainly give them peace in place of fear in which they were before; (provided that) they worship Me, ascribing no partner to Me.” (Qur’an 24:55) ·

Further, there are numerous hadith reports in which the head of Islamic government has been referred to as “khalifah” and his rule has be termed as “khilafah.” For such statements in the Qur’an and hadith Islamic literature is replete with term. The genius scholar of the philosophy of history Ibne Khaldun defining khilafah writes; “The Khilafah means to cause the masses to act as required by religious insight into their interests in the other world as well as in this world. (The worldly interests) have bearing upon (the interests in the other world),” (Muqaddimah Ibn Khaldun vol.3 p.189) With all these statements of the Qur’an and hadith and the term’s being well known to the degree of tawatur I do not have appropriate words to comment on the claim that it is not a religious term.

Mr. Ghamidi claims his “narrative on religion” can rectify the prevailing situation and the current problem of terrorism. This is tantamount to say that scraping the current constitution and reformulating it based on his mutually contradicting points will keep the terrorists from their activities or it will automatically put them to end. In fact the truth is quite to the contrary. Alhamdulillah, except for some partial issues there is nothing wrong with our constitution. The problem, however, is that its core principles are not being truly followed. The fundamental rights protected in the constitution are not available to the people. The policy guidelines have not been followed even once. Provinces have not got the rights they were supposed to. People face problems at every step. They face corruption and injustice. Economic disparity is huge. Public offices offer no facilitation and people have no access to justice.

Though it is stated in the constitution that no law repugnant to Qur’an and Sunnah shall be enacted and for this the constitution provides a mechanism as well which, if duly followed, can very well check sectarianism. But there is no serious effort to put it into action. Collectively the whole situation is making people desperate and providing the mischievous an opportunity to make propaganda that these reforms cannot be made peacefully. That the governments do not give due attention to demands made in a peaceful, advisory and consultative manner has made people to believe that a demand will attract attention only if it is made through strikes or violence the extreme form of which is taking up arms against the state.

Enemies of the country are fanning such thoughts and on the same pretext emotion driven youth is being misguided. Therefore, the issue is not about some fundamental change in the constitution. It is about truly acting upon it. If the constitution is seriously and sincerely followed, people find justice according to Islamic ideals, Islam’s justice and laws are enforced in their true spirit and the criminals are punished after fulfilling the due requirements of the law, these militant movements will die down by themselves. For God’s sake instead of creating more chaos get together to work in this direction.

Notes:
Mr. Ghamidi’s article was published in January 22nd issue of Daily “Jang”. Dr. Shehzad Saleem’s translation of the same was published in January 23rd in Daily “The News”. I have used Dr. Saleem’s translation with slight changes at some places. Mufti TaqiUsmani’s reply was published in Daily “Jang” on January 27th.
(1) That religious scholars (mostly from Jami’at Ulema-e-Hind) opposed partition is much highlighted these days; however, the reality is many of them fully supported the cause of Pakistan. Among the well-known religious scholars who supported the cause of partition were Maulana Ashraf Ali Thanwi, Maulana Shabbir Ahmad Usmani and Maulana Zafar Ahmad Usmani. Maulana Zafar Ahmad Usmani in his famous work on proofs of fiqh in ‘Ila al-Sunan, included a complete chapter refuting the idea of composite nationalism and upholding the Two Nation Theory.
(2) Mufti Taqi Usmani has not explicitly mentioned the name of Mr. Ghamidi in his original write up. I have, however, used it for clarity.
(3) Like Mufti Usmani, Allama Muhammad, Iqbal argues the same way against Maulana Hussain Ahmad Madni~s argument on similar lines. See Iqbal’s paper “Jughrafiyai :Hudood aur Musalman” (Muslims and the Geographical Boundaries) (1938), included in Syed ‘Abdul Wahid Mu’ini, Maqalat-e-lqbal, (Lahore: Al-Qamar Enterprises, 2011) 262-279

To know about another misleading opinion of Javed Ahmad Ghamidi Click on these Links:

Is it Permissible To Shake Hand With Stranger Women (Non-Mahram)? Javed Ahmad Ghamidi’s Misleading Ideology

Tazkiyah or Sufism: Is Tasawwuf a Parallel religion to Islam? Objections about Sufism by Javed Ahmad Ghamidi & its clarification & answers according to Quran & Sunnah.

4,754 Views

The Fundamentals of Islamic Belief, List of Important Elements, By Maulana Syed Muhammad Yusuf Banuri

Posted on June 12, 2020June 17, 2020 by maulana syed muhammad yusuf banuri

Translated By: Mufti Umar Anwar Badkhshani & Saad Khan

Anything which is proven by the Holy Qur’an or the Hadith Mutawatir (continuous) or by the consensus of the ummah (Ijam Ummah), and its definite indications, are all part of the Necessary Fundamental Belief of Islam. It means that as Fundamental beliefs their presence in Islam is clear and evident, and through scholars its knowledge has reached the common people. It does not mean that every common man should know it, because sometimes people do not know some of the basic beliefs of Islam due to lack of Religious education. But after learning and receiving the knowledge it is obligatory to believe in it. The scholars have made it clear that being unaware and unknowledgeable about some of the Shari’ah,s Mutawatir is not Disbelief, but once knowing it, if a person becomes a disbeliever it is due to his stubbornness and denial.

(Sharah Jawahir ut Tawhid p:51, Hashiah Al-Muwafqat Shatbi Vol 3, p:256, Ikfarul Mulhidin p:2)

Denying the Fundamental belief of islam, or interpreting it against its purpose, has been described by scholars as major cause of disbelief. Imam al-Ghazali has written a dedicated book: التفرقة بين الاسلام والزندقة on this topic and presenting a decisive discussion concerning this issue. Imam-ul-Asr Muhaddith of the time Hazrat Ustad Maulana Muhammad Anwar Shah Kashmiri has written an exceptional and comprehensive book on this subject named: اكفار الملحدين في ضروريات الدين

It should be noted that the knowledge obtained from Mutawatir sources (uninterrupted /continuous sources) is unanimously accepted and acknowledged and thus it becomes necessary for one to have faith in them. If someone gets to know that a Hadith is Mutawatir or something is proven by mutawatir Ahadiths then it is necessary for a Muslim to believe in them. Whether these are related to the past or the unseen things of the future, or related to beliefs or rules of Shari’ah. All these are mandatory for the confirmation of the Prophethood. Otherwise Denying the Prophethood is without any doubt a disbelief. Being a part of the basic Fundamentals of islam this matter does not need any argument. The details of these rules can easily be found in the books of theology and principles of jurisprudence.

When stating the necessary fundamentals belief of islam, scholars of the ummah usually mention a few examples in their books. A misunderstanding that occurs in the minds of some readers is that they think the necessary fundamentals are limited to just these examples and there is nothing more. This is even though the intent of these scholars is to merely present a few examples, not to shorten, restrict or limit [the necessary fundamentals]. To remove this misunderstanding, we have compiled a list of some of the fundamentals of Islam in one place which can be obtained by cursory effort. From this concise list it will become self-evident that the purpose of the scholars was to show examples. The purpose was not to compile a complete list. The examples below can be found in the books of fiqh (Islamic jurisprudence), usul al-fiqh (principles of Islamic jurisprudence), kalam (theology) and usul al-hadith (principles of hadith):

(1) Knowledge of Allah Almighty
(2) His ambient power (qudrah),
(3) His perfect will,
(4) His attribute of speech (kalam),
(5) The Qur’an,
(6) Qur’an is pre eternally existent,
(7) Attributes of Allah are pre eternal,
(8) Universe is originated (hadith),
(9) Resurrection of the physical body [not just the soul],
(10) Punishment of the grave,
(11) Reward and punishment in the hereafter,
(12) The beatific vision of Allah in the hereafter,
(13) The great intercession,
(14) Existence of the pool of Al-Kawthar,
(15) Existence of Angels,
(16) Existence of the two angels known as the honorable recorders (kiraman katibin),
(17) Finality of the Prophethood,
(18) Belief that Prophethood is gifted and not acquired,
(19) Prohibition of uttering obscenities against the Companions (muhajirin or ansar),
(20) Love for Ahl al-Bayt,
(21) Caliphate of Shaykhayn (Abu Bakr and ‘Umar),
(22) Obligation of the five salahs,
(23) Number of rak’ahs in salah,
(24) Number of prostrations in salah,
(25) Fasts of Ramadan,
(26) Zakah,
(27) Measurements used for calculating zakat,
(28) Hajj,
(29) The stay in Arafat [during Hajj],
(30) Number of circumambulations [of the Ka’ba] in tawaf,
(31) Jihad,
(32) Facing the Ka’bah in salah,
(33) Friday salah,
(34) Congregational salah,
(35) Adhan,
(36) The two ‘Ids,
(37) Permissibility of wiping over leather socks [in wudu],
(38) Prohibition of abusing any of the Prophets,
(40) Rejection of jism (body) for Allah,
(41) Rejection of divine indwelling (hulul),
(42) Prohibition of considering unmarriageable kin (mahrams) permissible (for marrage),
(43) Stoning (Rajm) of the adulterer,
(44) Prohibition of (wearing) Silk for men,
(45) Permissibility of buying and selling,
(46) Bathing after ritual impurity,
(47) Prohibition of marrying one’s mother,
(48) Prohibition of marrying one’s daughter,
(49) Prohibition of marrying one’s mahrams,
(50) Prohibition of alcohol and
(51) Prohibition of gambling.

At this time 51 examples have been presented and from this it must have occurred to the reader that some matters towards which one hardly pays attention are also part of the fundamentals of den-e-islam.

Now, at the end of this discussion we will present a statement of Muhaqqiq al-Hind Shah ‘Abdul Aziz al-Dahlawi. The entire statement can be found in “Ikfar al-Mulhidin” [of Maulana Anwar Shah Kashmiri]. The general rule regarding the fundamentals of den-e-Islam will become lucid after this [statement] insha’Allah …

Shah ‘Abdul ‘Aziz al-Dahlawi said:

ضروريات الدين منحصرة عندهم في ثلاثة مدلول الكتاب بشرط ان يكون نصا صريحا لا يمكن تاويله كتحريم البنات والامهات, ومدلول السنة المتواترة لفظا أو معنى, سواء كان من الاعتقاديات أو من العمليات, وسواء كان فرضا أو نفلا ……. والمجمع عليه اجماعا قطعيا , كخلافة الصديق والفاروق و نحو ذلك , و لا شبهة أن من أنكر أمثال هذه الأمور لم يصح ايمانه بالكتاب و النبيين

“Fundamentals of den-e-Islam are of three types:

(1) The first type is that which is proven from clear verses of the Qur’an such as the prohibition of marriage with one’s own mother or daughter.

(2) The second type is that which is proven from al-sunnah al-mutawatirah (mass-transmitted narrations) regardless if the mass-transmission was in letter or in spirit – in belief or in actions, in fara’id (obligatory acts) or in nawafil (supererogatory acts).

(3) The third type is that which is established with absolute consensus (ijma’ qat’i) such as the caliphates of Sayyiduna Abu Bakr al-Siddiq and Snyyiduna ‘Umar al-Faruq. There is no doubt that if one denies any of those three types then this person’s belief on the Qur’an and the Prophets is not correct.”

(Excerpt from: ‘Aqida Nuzul al-Masih, P: 20 – 26, By Maulana Syed Muhammad Yusuf Banuri)

1,329 Views

Anti-Madhabism: A Bridge to Religious Freedom, By Imam Muhammad Zahid Al-Kawthari

Posted on June 11, 2020June 17, 2020 by Imam Muhammad zahid al-kawthari

Translated By: Dr. Sadi Kosi
Compiled By: Mufti Umar Badakhshani

School of Fools not of philosophy

You will not find anyone among the politicians, irrespective of his political affiliations who has earned the respect of the people without a declared goal that he strives toward with sincerity. Nor can you find a politician worth the name trying to deceive everyone by speaking according to the audience and the ambiance. No different is the situation of a characterless opportunist who is with no one but pretends to be with everyone. As the poet says:

When he meets a Yemeni he is Yemeni, When he meets a Maadi so he is Adnani

Whosoever vacillates between different schools of thought (madhabs) in Islam and follows the way of anti-madhabism is worse and more abased than any of the aforementioned cases.

Each branch of knowledge can have multiple schools of thought such that in a given branch the specialists can have differences of opinion. He who claims to be a philosopher without belonging to any particular school should in fact be considered foolish and thus can only belong to the school of fools not of philosophy. Those who are considered to be founders of a given branch of science and who have documented their views have their own ways and principles. Take for example the study of the Arabic language. There are principle sources for this science, that he who would like to sip from their fresh spring, cannot be unaware of nor can he be blamed for having clinged to them.

Fiqh: the time of the Prophet & the Companions

From the dawn of Islam until our day there is not a single branch of knowledge among the [Islamic] sciences that has gotten as much attention from the scholars as did the science of jurisprudence (fiqh). Prophet Muhammed (PBUH) used to teach his companions jurisprudence and train them to derive rulings from the sacred texts until six companions (1) were able to issue verdicts (fatawa) during the Prophet’s (PBUH) lifetime. After the passing of the Prophet (PBUH), his companions used to learn jurisprudence from these six scholars. They had students not only among the companions but also among the followers (tabeen) who had reached a level such that they were licensed to issue verdicts.

Compilation of Fiqh & Medina

Fiqh: Time of the Tabeen after the companions

Medina was the cradle of Revelation and the dwelling place of the majority of the companions until the end of the reign of the third rightly guided Caliph [Uthman RA]. Many of the inhabitants of Madinah [took advantage of the presence of the great number of companions and] collected many of the prophetic traditions (hadith) or verdicts from the companions until seven [famous] jurists [among the Tabeen] of Madinah gained worldwide fame in Islamic jurisprudence (fiqh). [The Tabee] Saeed Bin Musayyab was so famous for his vast knowledge of the verdicts of the companions that even the great scholar Ibn Omar (RA), would query Ibn Musayyab about the verdicts of his own father Omar (RA).

The knowledge of the aforementioned scholars was then transferred to the teachers of Imam Malik in Medina. Imam Malik collected this knowledge and started spreading it. The foundation of both the school of scholars of medina and its branches is attributed to Imam Malik. Many great scholars who came after him chose to follow his wise approach due to the strength of his proofs. Because of their own expertise and cleverness, if the great followers of the Imam had wanted to establish another school, they would have been able to do so and many people would have followed them. However, they humbly preferred to be the followers of the scholar of Medinah and keep the ummah united. They knew that in some cases weak verdicts were attributed to the Imam of the madhhab and so they had qualified scholars within the madhab research and replace the weak verdicts with up to date and well-grounded verdicts [as new hadith compilations became available]. Eventually, all the weak views were replaced with verdicts that were so well-founded, that any latecomers who attempted to poke holes in the school of Imam Malik would only embarrass themselves.

Kufa: Center of Companions & Jurists Scholars (Fuqaha)

Such was the structure of the school of Imam Malik and the rest of the madhabs which have an active following to this day. Take for example the city of Kufa [where the Hanafi School started]. The eloquent among the Arabs began settling in Kufa after it was established by Omar (RA). Ibn Masoud (RA) was appointed to educate the residents of Kufa [About Islam] and Omar (RA) is reported to have said to them: “I preferred you over myself by sending Abdullah to teach you”. Abdullah bin Masoud was among the most well educated of the companions. Omar (RA) used to say, “He is full of knowledge.” The Prophet (PBUH) regarding Ibn Masoud said, “Whatever Ibn Masoud chooses for my nation, I am well pleased with it.” He (PBUH) also said “Whoever wants to read Quran as it was revealed let him read it according the recitation of Ibn Masoud (2).” Ibn Masoud (RA) worked so hard from the time of Omar (RA) all the way to the end of the reign of Uthman (RA) teaching the residents of Kufa jurisprudence (fiqh) that Kufa became full of jurists. When ‘Ali Bin Abi Talib (May Allah make his face noble) moved the capital of the Caliphate to Kufa, he was very pleased with the abundance of jurists there and said “May Allah have mercy on Ibn Masoud, he filled this city with knowledge.”

The door of the city of knowledge (3) that is ‘Ali (may Allah make his face noble), took it upon himself to continue from where Ibn Masoud left off such that no other city in the Muslim World could compete with Kufa in terms of the number of jurists, Hadith scholars, linguists, and people who focused on Islamic sciences. This happened after ‘Ali (may Allah make his face noble) moved the capital of the caliphate to Kufa which drew many of the most well-educated people there. Al Ijli mentioned that 1500 companions settled there. This is in addition to those companions who would travel from place to place in Iraq to spread knowledge. If one writes a book about the students and close companions of ‘Ali and Ibn Masoud, it would be a huge volume and this current work is not a place where we should list their names.

Imam Abu Hanifah

Ibrahim bin Yazid Al Nakhai collected the knowledge of the most learned students of these two great companions (‘Ali and Ibn Masoud RA) and passed it on until it was eventually recorded among the hadith collections of Abu Yusuf and Muhammed ibn Al-Hasan, Musannaf of Ibn Abi Shayba, and others. The hadith critics consider Al Nakhai’s loose hadeeth (4) authentic. Ibn Omar (RA) used to say, when he saw Al Shabi talk about the expeditions of the Prophet (PBUH) that ”He knows more than I, even though I was with The Prophet during the expeditions.” A scholar of such caliber [Al Shabi] used to prefer Al Nakhai over all the other scholars. Anas bin Sireen said, “I entered Kufa and there were 4000 people studying hadith and 400 studying jurisprudence.” This is narrated by Al-Ramahurmuzi in his book “Al-Faasil”.

As was recorded by Al-Tahawi and others, Abu Hanifa gathered forty of his most learned students who specialized in jurisprudence, Quranic sciences, Prophetic tradition and Arabic grammar and after scrutinizing the verdicts of the scholars of Kufa, recorded their knowledge. Muhammed bin Ishaq Al-Nadeem, who is not a follower of Abu Hanifa’s school, said, “Wherever there is [Islamic] knowledge, it is of what Abu Hanifa has gathered.” Imaam Al-Shafii said, “Whoever studies jurisprudence is indebted to Abu Hanifa.”

Imam Shafii

After Abu Hanifa, came Imaam Al-Shafii (may Allah be pleased with him). Al-Shafii gathered knowledge from the students of the companions and added to it what he learned from his teachers in Mecca (5).[The knowledge of Imaam Al-Shafi spread quickly such that] the East and the West became filled with his students and also the students of his students who went on to fill the world with knowledge. Egyptians are some of the most familiar people with Imaam Al-Shafii as he settled there towards the end of his life and established his new school before he passed away there (may Allah have mercy on him). There are many other jurists but this is not the occasion where one can list the virtues of all who have contributed to the development of Islamic jurisprudence. All the [independent jurists] agree on two thirds of issues. On the one third where they differ, the approach they have taken and the evidences they have used have been recorded in authentic books in each school of thought (madhhab).

This is how the schools of thought have been established on strong foundations. If you come across, at the end of time, these obtuse, cocky, anti-madhab individuals who don’t belong to any school of thought, who claim to be scholars without any ground to stand upon except their own burning desire to attain fame and notoriety, and who call for the abolishment of madhabs and want to replace with them with their own ignorant verdicts (ijtihad), as a follower of a madhab you will be hard-pressed to make any sense of any of this. Are they insane and should they be sent to an asylum? It will be difficult to decide if they are the insane ones among the intellectuals or the intelligent ones among the insane individuals?

The slogan of La Madhabism (un religion) is Narrow-mindedness

In recent times we are hearing calls of this nature from some people. Before we respond to their claim that there is a need to do ijtihad that will do away with the madhabs, we need to have them checked by psychiatrists to make sure that they are sane. Assuming that they are somewhat sane, they must be part of the plot of the enemies of this monotheistic religion. Among the aim of the plot is to divide the Muslims both in religious and in worldly matters. A division that will lead to quarrels, dispute, and hatred day after day when Muslims have been gathered under the unifying umbrella of brotherhood since the dawn of Islam until this day.

The acute Muslim doesn’t allow himself to be deceived by such a [devilish] call [to abolish madhabs and] to abandon the scholars (aimmah al-deen) who preserved and transmitted the science of Islamic Creed (usool al-deen) and applied law or jurisprudence (furoo al-deen) from the time of followers (tabeen) until now as they inherited it from The Prophet (PBUH) and his companions (may Allah be pleased with them all.) When a Muslim hears a defamation of the schools of thought (madhahib ahl al-haq), he must search for the source of the mischief and unveil it. This call [to abandon Madhabs] cannot come from a genuine Muslim [scholar] who has anything approaching profound knowledge of the Islamic sciences. Rather, such a call can only come from a so-called scholar who shopped from different scholars [for a short time while only scratching the surface] such that [he becomes qualified] not as a Muslim scholar, but [qualified] to work for the enemies of Islam [so that he can pretend to be a scholar to misguide the naive Muslims.] When an acute Muslim spots such an individual, he will find that this so-called scholar shares nothing with Muslims in terms of their hopes nor worries except as theatrics. He will find this charlatan befriending the very people that Muslims shun. He will find the so-called scholar declaring a war against everything in our heritage as archaic except for that which is imported from the West where the sun of virtue sets. Such individuals commit these (heinous) acts in order to get approval from their puppet masters [among the enemies of Islam.] When an acute Muslim spots such an individual spreading mischief among us he should alert the authorities so that we can be saved from the mischief maker’s evil doings. The truth is above everything.

Those who call people to stop following the independent jurists could consider all the verdicts of all jurists to be correct such that no ordinary Muslim could follow any of the independent jurists in any given issue without necessarily sticking to the views of one of the imams. This is the view of the Mutazila. As for [some of] the Sufis, they effectively consider all the verdicts of the imams correct in that they like to follow the strictest verdicts from among the verdicts of the imams instead of sticking with one imam. This is what was pointed out by Abu Al Alaa Saeed bin Ahmad bin Abi Bakr Al Raazi in his book “Combining Piety and Legal Verdicts Both in Spiritual and Worldly Matters” when he mentions in the chapter of jurisprudence what necessitates legal verdicts and what necessitates piety among the sayings of the four Imams. He stated that what is done by Sufis is not following one’s desire rather it is piety itself.

Pick and Choose!

According to the view attributed to the Mutazila, ordinary people are allowed to pick and choose among the verdicts of the imams. However, the least an ordinary Muslim can do is choose an independent jurist (such as the four imams) whom he thinks is most knowledgeable and pious and then abide by the jurist’s verdicts regarding all issues without seeking verdicts of various imams which suit his desire. As for haphazardly seeking out verdicts from various imams because they are more pleasing to us, this has no place in Islam no matter who issues a verdict claiming otherwise.

Regarding the claim that all of the verdicts of the Imams are absolute truth, Al Ustadh Al Imam Abu Ishaaq Al Isfarayiini says, “This starts out as nonsense and may end up as irreligion.” In a given issue one Imam may permit it and others may prohibit it. How can both be right? He who follows all the verdicts [found in a school] of an Imam is not responsible for whether his Imam made a mistake or not. This is because if a judge issues a verdict and he gets it right, he earns two rewards. If he gets it wrong he earns one reward. There are quite a few hadeeth regarding this matter.

From the early days of Islam until now there is a consensus [among the scholars] in the Muslim nation that one who imitates an Imam is not held culpable if his Imam makes a mistake [provided that he does his best in choosing a qualified Imam like one of the four Imams]. Had the Imams been liable in making a mistake while issuing a verdict they wouldn’t have been given a reward. We do not need to say more as al Ustadh Abu Ishaaq Al Isfarayiini has declared the truth [above] and one is able to bring a thousand and one proofs but this is not a place for it.

If the one who is calling people away from madhabs believes that the madhhabs are the reason for the sects and conflicts in the Muslim nation and that the Imams, all of them, were wrong until now and that he alone is able to correct their mistakes and bring out the truth that was hidden from the Muslims for fourteen centuries- then this is foolishness and recklessness of the highest order.

We hear about the anti-madhabists’ attacks on the authentic unitary narrations (hadith aahad) from the Sunnah, legal analogy, consensus of scholars, and widely accepted rulings derived from the sacred texts by the people of ijtihad. By attacking unitary narrations they denounce the books of hadeeth including the authentics, the sunnan, the collections (jawami), the musannafat (6), the masaneed (7) and the narrated Quranic commentaries and others. This means no verdicts can be derived from these sources nor any other benefit can be drawn. Who takes this way of the devil other than the instruments of the enemies of Islam?

It must be pointed out that if a given unitary narration is narrated by multiple chains it can reach the level of unanimously agreed upon narration (mutawatir) by meaning. In addition, if there is external evidence (muttahaf bil qarain) supporting a unitary narration it must be taken into account. Some specialists consider the hadeeth found in the two authentics (bukhari & muslim) to have external evidence supporting them with some exceptions.

By discarding the classical unanimous acceptance of the consensus of scholars (ijma) they are eradicating (our great history) and inclining towards the misguided Khawaarij or Rawaafid. By refusing to observe legal analogy they close the door of issuing (modern) legal independent verdicts (ijtihad) and incline to the way of Khawaarij, Rawaafid, and Mutezila who do not accept legal analogy [as one of the sources of Islamic law].

The neglectful role of Azhar University

All of this is conspicuously taking place under the nose of Al-Azhar University and its scholars remain silent. Being mute in the face of such disgraceful behavior is not befitting of Al Azhar, which was built upon a foundation of piety (taqwa). During the reign of the King Zahir Al-Baybars and his benevolent princes, he and his princes made Al-Azhar a citadel of learning for orthodox Islam after they rejuvenated it. Since then all of the Muslim rulers have taken great care of this institution as did the founder until now (ca. 1940). Its doors are still closed to those other than the followers of the four schools of thought. These rulers have spared no expense or effort for this noble cause. The king Fuad the first, may Allah have mercy on him, had a big role in keeping Azhar on its unshakable foundation of piety. Similarly the [current] government which adheres to the principles Islam continues to be benevolent to Azhar [in order that Azhar continue to march on the straight path].

The Ultimate Goal of Anti-Madhabism

If the callers of Anti-Madhhabism succeed in limiting the issuance of independent legal verdicts (ijtihad) to a contemporary individual of unknown credentials, annihilate the madhabs of the four independent jurists, and convince the masses to submit to the legal verdicts of their so-called mujtahid, they will have accomplished what they have set out to do (8).

How will the proponents of absolute free speech prevent other zealots like the aforementioned one from becoming an independent jurist (mujtahid) How will they impose their views on others depriving people of their freedom to choose? How can he who calls for absolute freedom deprive ordinary people of the right to decide for themselves which scholar from the golden age of Islam to depend on and imitate? Such prohibition or deprivation was not even seen during the dark ages!!! I must admit that I don’t have answer to the aforementioned question.

Conclusion

In summary, if you research the situation of the proponents of the anti-madhabism you will find them most ignoramuses blinded by the burning desire to be famous and to befriend the enemies of Muslims. This filthy call of theirs is a call from the people of mischief. The Muslim leaders or those responsible must work hard to find the source of this peril and stamp out this fire of evil. This despicable call is nothing other than a bridge to irreligion which we see dominant in countries afflicted with atheism and destined to misery. The [astute] believer does not get attacked from the same [lizard] hole twice. Wiser is he who learns from the mistakes of others. Allah speaks the truth and guides to the straight path.

Footnote

(1) They are Said bin Al-Musayyab, Urwa bin Zubair, Al-Qaasim bin Muhammed bin Abi Bakr Al-Siddeeq, Abdullah bin Utba bin Masood, Khaarija bin Zayd bin Thaabit, Sulaiman bin Yasaar and Abu Salama bin Abdurrahman bin Awf. May Allah be pleased with them all.
(2) The recitation of Ibn Masoud is what was narrated by [the famous reciter] Asim by way of Zoor Bin Habeesh. The recitation of ‘Ali Bin Abi Talib (RA) was narrated also by Asim by way of Ibn Abd Al Rahman Abdullah Bin Habeeb Al Salaami.
(3) In reference to a hadith that Imaam Al-Tirmidhi and Al-Hakim have quoted on the authority of ‘Ali (RA) who said: The Messenger of Allah (pbuh) said: “I am the city of knowledge and ‘Ali is its gate”…(Taarikh Al-Khulafaa by Imaam Jalaal Al-Deen Al-Suyooti, page 170) [Tr.]
(4) Maraasilihi. Hadith Mursal (pl. meraasil): When a hadith is narrated by a follower (tabii) saying “the Messenger of God (pbuh) said” then this hadith is called mursal or loose hadith since the narrator omitted the link (a companion) between him and the Prophet (pbuh).
(5) His teachers include Muslim bin Khaalid who has gathered his knowledge from Ibn Jurayj who was a student of Ataa who was a student of Ibn Abbaas.
(6) Collections of hadith where the author compiled narrations without placing any restrictions on their authenticity.
(7) Plural of musnad. These are hadith books where the hadith are sorted by narrator.
(8) Coincidently, have you heard of the modern anti-madhabist who claimed that he sorted out most of the hadith which the Muslim nation had failed to do for over fourteen centuries? He has also corrected people’s creed. In addition, he took it upon himself to teach people the Prophet’s prayer (PBUH) as though Muslims who have been praying for 1400 years according to the four madhabs were performing Abu Jahl’s prayer! It seems that what Imaam Al-Kawthari foresaw is in fact happening in our time. May Allah protect us all. Ameen!

2,087 Views

Istighatha, Isti’ana, & Tawassul (mediation-Wasilah), By Imam Muhammad Zahid Al-Kawthari

Posted on June 10, 2020July 25, 2020 by Imam Muhammad zahid al-kawthari

Translated By: Abdullah Khidr

Let us add a word here concerning the issue of Istighatha and Isti‘ana. For starts, both of Them are in the same valley [i.e. they share the same ruling], for in the adith concerning the intercession that is found in al-Bukhari, it says: “[they will seek aid with] Adam, then Musa, then Muhammad…” This proves that it is permissible to utilize the wording of Istighatha in the same sense as Tawassul is used. As with regards to the Hadith that states: “Help is not to be sought from me [la yustaghathu bi]” in the collection of al-Tabarani, its chain contains [‘Abdullah bin] Luhay’a, and we have explained his status in Our book al-Ishfaq, so it does not stand to oppose the [other] authentic Hadith. As with Regards to the other Hadith which states: “When you seek aid, then seek the aid of Allah…’’, it means: when you seek the aid of anyone that is of assistance, seek the aid of Allah for ease in all of your affairs—and this is in accordance with the literal meaning of The Hadith, for the Muslim does not forget the One that is the Enabler of the means When he seeks aid in one of those means. Take the example of ‘Umar who sought rain Through al-‘Abbas. He did not forget to say when praying for rain: “O Allah, send us rain.” This is the Islamic character.

If we did not understand the Hadith in this way, we would be obliged to interpret it figuratively and it would have contradicted numerous verses of the Qur’an and Hadith That are too many to mention here. Hence, it would be far fetched to consider the word “when’’ in this Hadith to mean “Every time”, rather, according to the logicians, it is considered to be of the expressions of ihmal [indetermination as to the quantity of a proposition], therefore, the opponent has nothing to grasp from it in his argument at all. Add to this, the fact that the singular pronoun is used, and the fact that the elite—and Surely Ibn ‘Abbas is from among them—are encouraged to seek aid solely from the One That is the Enabler of the means [Allah].

As for the words of the Exalted: “You alone we worship and You alone we seek aid.” [al-Fatiha: 5], it is in the context of worship and guidance, as illustrated by the context of the verse as well as the order in which the words appear – and this is a fitting way of address When making personal entreaties – so it does not negate the normal and customary ways And means used in this worldly life.

Our close friend, the ‘Allamah and author of numerous splendid works, the major Ustadh; Shaykh Muhammad Husnayn al-‘Adawi al-Maliki did very well when he wrote numerous books repelling the misconceptions invented by the Taymiyyun [bigoted Followers of Shaykh Ibn Taymiyya] concerning Tawassul. So, by his splendid checking of facts, his fresh and sweet manner of composition, and his lofty rank in knowledge above the Shaykhs of all of these opponents by the agreement of the people of knowledge, by all of that, he was able to dispel the darkness that had encroached.

As with regards to the issue of the people of the graves hearing and comprehending, the Most expansive presentation of the proofs in support of that was done by the scholar of Hadith, ‘Abdul Hayy al-Luknawi in his book; Tadhkirat al-Rashid. As with regards to the Words of the Exalted: “And you can not make the dead hear’’, according to the verifying scholars, this is with respect to the polytheists. This has been verified, so do not pay any attention to the blunders of the erroneous ones.

To read more on this topic Click on this link:

Direct Addressing in Absentia (to call upon someone other than Allah) Few Conditions & Shariah Rulings, By Maulana Yusuf Ludhianvi Shaheed

5,084 Views

Is spreading Islam Permissible Through Ertugrul Diliris, Kurulus Osman & Other Films & Dramas? Sharia Ruling & Answer of Misconceptions

Posted on June 9, 2020July 7, 2020 by Mufti Umar Anwar Badakhshani

Question

Nowadays historical drama serials “dirilis Ertugrul” and Usman ghazi” has gained much popularity and the whole world is watching it. The main goal of these dramas are to propagate islam and islamic culture consequently the western world and hollywood are also worried about its popularity and historical status. Some people are suggesting that Instead of watching bad and obscene things it is better to watch these serials while gaining historical information about ottoman Empire. Now the question arisis is it permissible to watch such historical dramas or movies?

Answer

First of all it is very important to understand some basic and essential rules of Shari’ah.

1) It is absolutely not permissible to draw, own, or look at a picture of any living being. It is a sin to look at the picture of a women unnecessarily. The shariah has interpreted it as an adultery of the eyes.

والعینان تزنیان وزناہما النظر۔ مسند أحمد بن حنبل ۲؍۳۴۲

The prophet (peace and blessing of Allah be upon him) said that the eyes commit adultery, their adultery is to look at the non mahram. Dramas and films contain pictures of living beings as well as pictures of women, so watching dramas and films are absolutely forbidden.

2) Furthermore movies and dramas are not devoid of music and dance therefore to encourage people to watch films and dramas is not permissible (in addition to showing and watching picture of women and other living beings) it is totally forbidden to assign or help in sin.

عن جابر رضي اللّٰہ عنہ قال: قال رسول اللّٰہ صلی اللّٰہ علیہ وسلم : الغناء ینبت النفاق في القلب کما ینبت الماء الزرع۔ رواہ البیہقي في شعب الإیمان، مشکاۃ المصابیح، کتاب الآداب / باب البیان والشعر، الفصل الثالث ۴۱۱

It is clearly stated by prophet Muhammad (peace and blessings of Allah be upon him) that music creates hypocrisy in the hearts like water creates crops.

3) It is not permissible to use (haraam) forbidden and illegitimate means to achieve any legitimate goal.

Therefore the history of Ottoman Caliphate can be traced back through the history books and literature related to it. Creating and viewing films or dramas for this purpose is certainly not allowed.

4) Forbidden or unlawful means should not be adopted to prevent any haraam and unlawful act. Making these type of historical dramas or movies is not the solution to avoid indecent films and dramas as it is also unlawful. Therefore both are poison. It is necessary to avoid and refrain from these forbidden act and this can only be done by a person’s own intention and a focused attitude. There is no need to take up illegitimate ways for this, Rather legitimate means can be adopted.

5) The fact that any illegal act becomes famous and popular and spreads all over the world cannot be an argument in favor of the legitimacy of this (haraam) forbidden and illegal act.

6) We are obliged to guide and preach our religion of islam but only by lawful means not by haraam and illegitimate means.

قُل لاَّ يَسْتَوِي الْخَبِيثُ وَالطَّيِّبُ وَلَوْ أَعْجَبَكَ كَثْرَةُ الْخَبِيثِ فَاتَّقُواْ اللّهَ يَا أُوْلِي الأَلْبَابِ لَعَلَّكُمْ تُفْلِحُونَ

“Say: The bad and the good are not equal, though the abundance of the bad may please you; so be careful of (your duty to) Allah, O men of understanding, that you may be successful”.

7) It is totally forbidden for a person to watch, support and encourage films and dramas. To tempt and invite others to watch films and dramas is not permissible in Shari’ah. It is also a grave sin to make, work and invest in movies and dramas.

It should be noted that in the past many so called reforms and preaching efforts were made through films and dramas by different islamic countries and also in the western world, and many films and dramas were made on the lives of the prophets and companions in which “The Message”, “The ten commandments” Al-Risalah”, etc. films are note worthy, but it is also very clear that such films have failed to leave a positive and lasting impact on the viewers (muslims or non muslims). Even if they have an effect this combination of evilness will not be acceptable at all.

Conclusion

We conclude this answer (on the subject of preaching of Islam through media) with an incident written by Mufti Muhammad Taqi Usmani in his book “Nuqoosh e raftagan”.

Mufti Taqi Usmani writes, Hazrat Maulana Muhammad Yusuf Banuri (may Allah have mercy on him) in the last days of his life went to islamabad to attend the meeting of Islamic Ideology Council. On that occasion he was invited to address at an official level on national radio and television. He accepted the invitation to address on the radio but rejected the offer to appear on the television. The summary of what Hazrat Maulana Muhammad Yusuf Banuri (may Allah have mercy on him) said about his decision is as follows:

One thing I would like to say in this regard is that we are not commissioned by Allah to make everybody a Muslim in every possible way, indeed we are obligated to preach Islam by adopting all the legitimate means and resources available to us with the best possible efforts.

Where Islam has commanded us to preach the religion it has also taught us dignified methods and etiquette of preaching. We are bound to follow these rules and manners. if we succeed in our preaching efforts while applying these legitimate means and etiquette our mission is complete, but if we do not have complete success after using all legitimate means than we are not obliged to do so. There are those who preach the religion by putting behind the rules and ways of preaching instead they use illegitimate means and try to make people their allies in every possible way.

If we make one person a practicing Muslim by following legitimate manners and etiquette of preaching then our preaching is successful and acceptable, but if by using illicit means we make hundred men our allies this success has no value in the eyes of Allah, because what will be preached by violating the rules of religion is not preaching of islam but is something else!

The medium and characteristics of Film and Television are against Islam therefore we are not obliged to preach the religion through this medium. If a person accepts our invitation through a lawful and dignified manner, then our hearts and mind are wholly for him, but if a person is not ready to accept or follow islam without watching films or movies we are not obliged to invite him.

If we take this stance today and start using the medium of film and TV for preaching keeping in mind the trend and temperaments of people and also make efforts to invite people to follow religion through dance and ceremonial gatherings then it will be a violation of an important commandment of preaching Islam. “This was the last speech of Maulana Yousuf Banuri RA and if we look closely, this was the last advice and will of Maulana Yusuf Banuri RA for the preachers of islam. These golden words should be written on the hearts of people who work for tableegh e deen.

فی الدر المختار
قلت: وفي البزازية: استماع صوت الملاهي – كضرب قصب، ونحوه – حرام؛ لقوله عليه الصلاة والسلام: “استماع الملاه معصية، والجلوس عليها فسق، والتلذذ بها كفر” أي: بالنعمة، فصرف الجوارح إلى غير ما خلق لأجله كفر بالنعمة، لا شكر، فالواجب كل الواجب أن يجتنب كي لايسمع؛ لما روي أنه عليه الصلاة والسلام أدخل أصبعه في أذنه عند سماعه، وأشعار العرب لو فيها ذكر الفسق تكره، اهـ أو لتغليظ الذنب، -كما في الاختيار -، أو للاستحلال، – كما في النهاية -. الشامية، كتاب الحظر و الإباحة، قبيل فصل في اللبس، ٩/ ٥٠٤، ط: دار عالم الكتب

وفی البريقة المحمودية في شرح الطريقة المحمدية لبركلي
قال قاضي خان عن النبي صلى الله تعالى عليه وسلم: (استماع الملاهي معصية، والجلوس عليها فسق، والتلذذ بها من الكفر، إنما قال عليه الصلاة والسلام ذلك، على وجه التشديد و إن سمع بغتةً فلا إثم عليه، و يجب عليه أن يجتهد كلّ الجهد حتي لايسمع؛ لما روي: أنّ رسول الله صلي الله عليه وسلم أدخل أصبعيه في أذنه. انتهي. الباب الثاني / في الأمور المهمة في الشريعة، ٥ / ٤، ط: دار الكتب العلمية

وفی مرقاة المفاتيح
٤٨١١ – «وَعَنْ نَافِعٍ – رَحِمَهُ اللَّهُ – قَالَ: كُنْتُ مَعَ ابْنِ عُمَرَ فِي طَرِيقٍ، فَسَمِعَ مِزْمَارًا، فَوَضَعَ أُصْبُعَيْهِ فِي أُذُنَيْهِ وَنَاءَ عَنِ الطَّرِيقِ إِلَى الْجَانِبِ الْآخَرِ، ثُمَّ قَالَ لِي بَعْدَ أَنْ بَعُدَ: يَا نَافِعُ! هَلْ تَسْمَعُ شَيْئًا؟ قُلْتُ: لَا، فَرَفَعَ أُصْبُعَيْهِ مِنْ أُذُنَيْهِ، قَالَ: كُنْتُ مَعَ رَسُولِ اللَّهِ فَسَمِعَ صَوْتَ يَرَاعٍ، فَصَنَعَ مِثْلَ مَا صَنَعْتُ. قَالَ نَافِعٌ: فَكُنْتُ إِذْ ذَاكَ صَغِيرًا» . رَوَاهُ أَحْمَدُ، وَأَبُو دَاوُدَ.

وَفِي فَتَاوَى قَاضِي خَانْ
أَمَّا اسْتِمَاعُ صَوْتِ الْمَلَاهِي كَالضَّرْبِ بِالْقَضِيبِ وَنَحْوِ ذَلِكَ حَرَامٌ وَمَعْصِيَةٌ لِقَوْلِهِ عَلَيْهِ السَّلَامُ: ” «اسْتِمَاعُ الْمَلَاهِي مَعْصِيَةٌ، وَالْجُلُوسُ عَلَيْهَا فِسْقٌ، وَالتَّلَذُّذُ بِهَا مِنَ الْكُفْرِ» ” إِنَّمَا قَالَ ذَلِكَ عَلَى وَجْهِ التَّشْدِيدِ وَإِنْ سَمِعَ بَغْتَةً فَلَا إِثْمَ عَلَيْهِ، وَيَجِبُ عَلَيْهِ أَنْ يَجْتَهِدَ كُلَّ الْجَهْدِ حَتَّى لَا يَسْمَعَ لِمَا رُوِيَ أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَدْخَلَ أُصْبُعَهُ فِي أُذُنَيْهِ. بَابُ الْبَيَانِ وَالشِّعْرِ ، الْفَصْلُ الثَّالِثُ، ٧ / ٣٠٢٥

To read Maulana Syed Muhammad Yusuf Banuri’s article on the same subject Click on the link below:

Preaching of Islam Through Movies & Drams Based on Religious Personalities & Historical Events, By Maulana Syed Muhamma Yusuf Banuri

2,352 Views

The Monotheism and Exaggeration in the Matter of Unity of Existence (Wahdat Al-Wujud), By Maulana Ashraf Ali Thanvi

Posted on June 8, 2020August 17, 2020 by Maulana Ashraf Ali Thanvi

Collected & Compiled By: Mufti Umar Badakhshani

The Monotheism or Oneness of Allah (Tawheed)

Two meanings of oneness of Allah or monotheism (Tawheed) have been proved from the legislator of law of Shari’ah i.e., Rasulullah (Salallahu Alaihi Wasallam) لا معبود الا الله

1. No one is worth worshipping except Allah: لا مقصود الا الله

2. No one is the purpose (of worship) except Allah .

First meaning is quite clear. Allah Ta’ala says in Qur’an:

يَا صَاحِبَيِ السِّجْنِ أَأَرْبَابٌ مُّتَفَرِّقُونَ خَيْرٌ أَمِ اللَّهُ الْوَاحِدُ الْقَهَّارُ

“O my companions of the prison! (I ask you): Are many lords differing among themselves better, or Allah, the One, Supreme and Irresistible?

مَا تَعْبُدُونَ مِن دُونِهِ إِلَّا أَسْمَاءً سَمَّيْتُمُوهَا أَنتُمْ وَآبَاؤُكُم مَّا أَنزَلَ اللَّهُ بِهَا مِن سُلْطَانٍ ۚ إِنِ الْحُكْمُ إِلَّا لِلَّهِ ۚ أَمَرَ أَلَّا تَعْبُدُوا إِلَّا إِيَّاهُ ۚ ذَٰلِكَ الدِّينُ الْقَيِّمُ وَلَٰكِنَّ أَكْثَرَ النَّاسِ لَا يَعْلَمُونَ

“Whatever ye worship apart from Him is nothing but names which ye have named-ye and your fathers-for which Allah hath sent down No authority: the Command is for none but Allah: He hath commanded that ye worship none but Him: that is the right religion, but Most men understand not.. (1 2: 40)

Ailah Ta’ala says:

وَمَا أُمِرُوا إِلَّا لِيَعْبُدُوا اللَّهَ مُخْلِصِينَ لَهُ الدِّينَ حُنَفَاءَ

“And they have been commanded no more than this: to worship Allah, offering Him sincere devotion, being True (in faith); to establish regular Prayer; and to practice regular Charity; and that is the Religion Right and Straight. ” (98:5)

Holy Qur’an is full of such verses and this is the Tawheed, by its deficiency or loss one becomes Kafir or Mushrik (polytheist) and has to stay in hell forever. This is never forgiven. Allah Ta’ala says:

إِنَّ اللَّهَ لَا يَغْفِرُ أَن يُشْرَكَ بِهِ وَيَغْفِرُ مَا دُونَ ذَٰلِكَ لِمَن يَشَاءُ

“Allah forgives not (the sin of( joining other gods with Him: but He forgives whom He pleased other sins than this: one who joins other gods with Allah, hath strayed far, far away (from the right). ” (4:116)

The proof of the second meaning is like this that Rasulullah (Salallahu Alaihi Wa sallam) described hypocrisy (Riya) as Shirke-Asghar (Infidelity of smaller degree). It is obvious that in hypocrisy things other than Allah are not being worshipped but they are the purpose of the worship.

(For example a person is not offering Salat regularly but when he sees somebody else, he starts offering Salat just to impress him that he is regularly offering Salat. This is hypocrisy In this situation though he worships Allah in Salat but his intention is not to please Allah but somebody else). When anything else other than Allah is made the purpose of worship, it is called Shirk, then Tawheed which is the opposite of Shirk, will mean that the worship should be done solely for the sake of Allah (only to please Allah ) and there should not be slightest intention to please anybody else by one’s worship. This is the meaning of:لا مقصود الا الله

“No one is the purpose of worship except Allah”.

Now we quote that Hadith in which Hypocrisy has been labeled as Shirk. It is narrated from Mehmood-Bin-Lubaid (RA) that Rasulullah (Salallahu Alaihi Wasallam) said:

“Most dangerous thing, of which I am afraid about you, is Shirk-e-Asghar (smaller degree of Infidelity or polytheism). People asked as to what was Shirk-e-Asghar? Rasulullah (Salallahu Alaihi Wasallam) said:

“Hypocrisy (Riya) is the Shirk-e-Asghar.” (It has been narrated by Ahmad).

There are so many other Ahadith in this regard, quoted in Tafseer e Mazhari at the end of commentry of Sura Al-Kahaf. We are not quoting them here.

Ikhlas (Sincerity) is lost if this second meaning of Tawheed: لا موجود الا الله

is not achieved, on the basis of which (i.e., not having Ikhlas) one will deserve punishment but will not stay in Hell eternally.

In nutshell, we can say that Tawheed means that we should not only worship Allah but the purpose of our worship should also be only to please Allah . If we have the first thing and not the second, we are liable to be punished in Aakhirah.

UNITY OR ONENESS OF EXISTENCE OF ALLAH (WAHDAT AL-WUJUD)

In this terminology of sofi sect, there is third meaning of Tawheed as well: لا موجود الا الله

“No one is existing except Allah.”

This is called unity of existence (Wahdatul Wujud). To prove this meaning from Qur’an and Hadith is useless and wastage of time. It is sufficient to describe this in such a way that it does not contradict Qur’an and Hadith. This has become a problem these days. Since the issue is very delicate and the basis of its proof is only on Zoaq (spiritual taste) and Kashf (divine manifestation), so it is very difficult to get the proper words to express this thing and secondly whatever little or more interpretation is possible, it needs spiritual taste or Zoaq, congeniality with divine manifestation or Kashf and great depth in religious knowledge so that one can understand it.

These days one gets extremely pained to see the most of the so called claimants of Wahdatul Wujud of today, They have neither knowledge nor the spiritual fervor. Their job is just vainful talk of pseudo mystics without bothering to understand that these heretic and atheistic words which they are talking about will deprive one of his Iman. Neither they understand that other people who will follow them blindly will also start claiming the same, and will lose their Iman, whatever, little they will be having, they will stop offering Salat and observing fasts, thinking that they have become god, then what for Salat and Saum-Allah forbid.

Unity of existence of Allah (Wahdatul Wujud) never meant this, in fact it is a state understood by only those who experience it. It should neither be uttered purposely by tongue nor can other people understand it.

When this ecstasy dominates a person, his condition states:

بس کہ دَر جان فگار و چشم بیدارم توئی ہرچہ پیدا می شود از درد پندرام توئی
سمایا ہے جب سے تو آنکھوں میں میری جدھر دیکھتا ہوں ادھر تو ہی تو ہے

Accommodated as you are in my eyes. Wherever I see, there only you and you.

Sometimes this state remains permanent and sometimes it vanishes, Insha Allah at some other time, we will discuss this issue in some detail, here I stop with this sincere advice that for Allah’s sake have mercy at your own life and at the Muslim Ummah and do not indulge in excessive exaggerations about this issue.

To be very safe one should not believe it with certainty even after Kashf because there always remains a chance to err so far as the Kashf is concerned. One should remain busy with that thing which is needed and that is servitude. One should forget all talks with no substance.

کارکن کار، بگذر از گفتار قدم باید اندر طریقت نہ دم

Go on working. Forget talking!

کہ اصلے ندارد دمے بے قدم

Deeds not strength matters in mystic way. Strength does not come without deeds!

All virtues are really proven for Allah and in the creatures they are temporary by His gift and protection. The real existence belongs to Allah and this is one (unity of existence) and if by extreme real light ‘salik’ sees nothing, this is unity of Divine manifestation. This is a difference of words, end result is the same. There are poems on these, some of them should not be followed.

To read this article in Urdu click on the link below:

https://islaminsight.org/2020/08/17/%d9%88%d8%ad%d8%af%db%83-%d8%a7%d9%84%d9%88%d8%ac%d9%88%d8%af-%d9%85%db%8c%da%ba-%d8%ba%d9%84%d9%88-%d8%b3%db%92-%d8%a8%da%86%db%8c%db%92-%d8%a7%d8%b2-%d9%85%d9%88%d9%84%d8%a7%d9%86%d8%a7-%d8%a7/

3,181 Views

Argumentation About Attributes of Allah Almighty’s & Istawa Alal Arsh (Positioned Above the Throne), By Maulana Ashraf Ali Thanvi

Posted on June 7, 2020November 16, 2020 by Maulana Ashraf Ali Thanvi

Compiled By: Mufti Umar Anwar Badakhshani

It should be known that as Allah is unique and unparalleled in His essence, so is He unparalleled and unique in His attributes. Therefore, it is very dangerous to talk about His attributes by using imagination and specify their different states and causations. In this regard the Aqaid (beliefs) of majority of common Muslims are safe as they believe in the Sifaat (attributes) of Allah in general and do not bother to go in their finer details. Companions (Sahaba) and Ancestors (Salf-i-Saaiheen) also used to believe in the same way. Later on, when innovators (Ahle-Bid’at) those who incorporated new things in Islam, which were not in Islam increased in number, Scholastic philosophy (ilm ul Kalam) came into being. At this stage people talked more about the attributes of Allah which in turn led to carelessness in the law suits and other rules of Shari ‘ah. For instance, Allah Ta’ala says in Qur’an:

الرحمن علي العرش استوي

“The most Gracious is firmly established on the throne. “

Now to try to make inquiries about the word “Istawa”, what is meant by it? and what are its different interpretations? Is really a job of great courage when one does not know the reality of one’s own attributes, how can he know the attributes of the Creator (of all worlds).

One should, simply believe that whatever has been said by Allah and His messenger, Rasulullah (Salallahu Alaihi Wa sallam) is the absolute reality and that His “Istawa” will be like His essence, His existence (As His existence, essence is unique and unparalleled and impossible to appreciate in this world, as is His essence unique, so is His “Istawa” also unique, unparalleled and impossible to appreciate as it is). What is the need to make inquiries about it when it is neither our entrusted duty nor will we be asked about it. Of course, one should certainly believe that His “lstawa” will not be like our “Istawa”, as Allah Ta’ala says:

ليس كمثله شيئ

“There is nothing whatever like Him”

Now Question remains that how is this “Istawa “, one should not argue about it. It should be left to Allah. Similarly, In a Hadith it is narrated:

ينزل ربنا تبارك و تعالي كل ليلة الي السماء الدنيا

“Our cherisher (Allah Ta’ala) descends towards the sky, which is immediately above the world, every night.

Now one will start thinking what is meant by this descent (Nnzool) (as Allah Ta’ala is everywhere)’ how does it take place? The purpose of Rasulullah (Salallahu Alaihi Wa sallam) in informing the Ummat about this is first to make the people to get engaged in thikr and Worship of Allah Ta’ala with eagerness, fervor and presence of mind during this time. One should try to do the same during this time (in which Allah Ta’ala makes a descent towards the Asman-e-Duniya), otherwise one will waste his whole life and will never be able to know the reality of these things.

نیست کس را از حقیقت آگہی جملہ میرند با دست تہی

No one knows this reality. Everyone is dying without knowing it.

Allah Ta’ala says:

فَأَمَّا الَّذِينَ فِي قُلُوبِهِمْ زَيْغٌ فَيَتَّبِعُونَ مَا تَشَابَهَ مِنْهُ ابْتِغَاءَ الْفِتْنَةِ وَابْتِغَاءَ تَأْوِيلِهِ

“But those in whose hearts is perversity follow the part thereof that is not entirely clear, seeking discord and searching for its interpretation”. (3: 7)

To read this article in Urdu, click on the link below:

https://islaminsight.org/2020/11/16/%d8%a7%d9%84%d9%84%db%81-%d8%aa%d8%b9%d8%a7%d9%84%db%8c-%da%a9%db%8c-%d8%b0%d8%a7%d8%aa%d8%8c-%d8%b5%d9%81%d8%a7%d8%aa-%d8%a7%d9%88%d8%b1-%d8%a7%d8%b3%d8%aa%d9%88%d8%a7-%d8%b9%d9%84%db%8c-%d8%a7%d9%84/

2,581 Views