Showing posts with label justice. Show all posts
Showing posts with label justice. Show all posts

Wednesday, June 25, 2008

More About Women In Islam

Peace of God and His mercy to you.

I was reading this nice article in Islam News Room that I would like to share with you:
Question:
Islam gives man permission to marry four wives. Why can't a woman have four husbands?
Find out what Islam is really all about - regarding Islams Women
www.IslamsWomen.com (try this too)
Answer:
Al Hamdulilah, was-salat was-salam ala rasoolullah. Allahu 'Alim. (It is Allah who has All Knowledge).

Rights and Limits
First of all, it is important for us to keep in mind that Islam came to establish two very important fundamentals for human beings: Rights and Limits.

Everyone and everything has certain rights given to it by the Creator and Sustainer of the universe (Allah). At the same time, each creation has its own limitations established by Allah.

First Right - Allah has the right to be worshipped without making partners from what He has created. Direct worship to Him, alone.

Second Right - Prophet's right to be followed according to his treaching and commandments.

Third Right - Parents rights to be honored and cared for, with special emphasis on the mother first.

Fourth Right - Wives and Husbands have rights on each other.

Conditions 1,400 Years Ago
Now let us do some basic research here. We begin by looking into the condition of the women in various societies at the time 1,400 years ago when Allah revealed the Quran to Muhammad, peace be upon him.

Pagan Arabs - Burying Girls Alive
During that time the pagan Arab men used to bury their newborn daughters alive in the sand, out of shame for having something so low and disgusting like a girl instead of a son. Women were treated horribly and with utter disgust.

Men could marry as many as they liked and very often they owned women like cattle or sheep. There were no laws to protect the women and they had no rights at all.

Christians - Arguing If Women Had Souls
Christians at that time were holding council meetings to determine whether or not a woman even had a soul. The church blamed "Eve" the mother of all humans after Adam, peace be upon him, for the "original sin" and damned her and her seed for what she had done.

Priests - Best Men - Forbidden Marriage - To Any Women
Priests, bishops, cardnels and even the Pope are the very best of the Catholic men within the church. Yet the church still forbids their clergymen the chance for marriage and families. This unnatural situation has caused very serious ramifications throughout the society around the world.

Nuns - Best Women - No Marriage - No Children
Nuns are the very best of the Catholic women. They cover themselves in proper attire much the same way as the Muslim women. Yet, they are never allowed to marry or have children throughout their lives. This unnatural condition has caused untold number of disgraceful and disgusting practices within the very church itself.

If Only Bad People Have Children - What About Tomorrow?
We must ask the question, "If the very best of the men and the very best of the women are not allowed to marry or have children - does this mean only the worst of the people are the ones allowed to reproduce and populate the world?" - And where will that leave us tomorrow?

Jews - Blame Women and Curse Women
The Jews blamed women for the "original sin" and as such they were treated with disgust. A woman's monthly cycle was considered by the Old Testament of the Bible to be a "curse from God" for her inequities. Her child bearing pains were also a 'punishment from God' for her bringing man down from heaven.

Islam - No Blame On Women For Evil
Islam does not blame Eve for Adam's sin. Each of them accepted their own mistake and repented to Allah, and asked Allah to forgive them and Allah did forgive them.

Now before going any further, please read surah An Nisa (chapter 4 in the Quran) - all the way through, in order to better understand what is actually being said about women, men and marriage.

[Want A FREE Quran? -
click here]

Read Quran
Now let us think about the verses. Do you believe that Allah Knows what He created and He has revealed the perfect 'deen'? Do you know the condition of the people at the time the order came to restrict the number of wives? (Restricted to be only four)

Now read the verse about having more than one wife, very carefully. [4:3]

What does it say? And what do you understand from it?

Now read the ayah (verse) that forbids men to marry women who are already married. [4:24].

Now read from An Nisa (Chapter 4) about the role of men and women. [4:34]

Man Supports And Protects Women
Do you understand that one must take on the role of supporter, protector, provider, custodian and servant to the family (man's role)?

Woman Gives Birth - Raises Children
One must take on the role of carrying the child and delivering it and then feeding it and raising it to become a true servant of Allah (woman's role).

Not Equal - But Treated Fairly In Justice
Men and women are not the same nor are they "equal" as some folks would have us believe. Whatever is on one side of an 'equals' sign must be exactly the same as what is on the other side without any difference in value, only in the way that it is expressed. How then could we say that a man, who is unable to conceive or give birth and then breast feed a baby is the equal to a woman who can?

Equal In Faith And Actions
They are equal in their beliefs and good deeds of course. But still they are not the same as each other. Each one must fulfill their role as humans.

Children's Rights Protected
Islam is also very much about rights. Children also have rights in Islam. When a man dies his wealth is left to his family. How could the court know who to give the wealth of a man, if he was one of several husbands to a woman? How would a child know who his father was? No society ever supported the concept of a woman being married to two or more men at the same time.

Women's Right - Best Treatment

Almost every society supported the concept of a man having more than one woman. Yet, they did not limit the number nor did they provide the protection and maintenance that Islam insists on for each one. Islam came to set things straight. Women were given rights. Men were strictly ordered to treat their women with the very best of treatment.

Limit - Number in Marriage
When the verse was revealed the companions of Muhammad, peace be upon him, did not run out with the attitude that they were going to get four wives all of a sudden. Some of them already had much more than that and these men had to divorce their wives, if they had more than four. So this was not an order to go out and get four wives. It was an order to begin limitations. And the first limitation was; No more than four.

Limit - Equal Maintenance and Treatment
Second, the limitation of equal treatment for all of them. How could a man keep more than one wife unless he was exceedingly wealthy and/or exceedingly strong and virile?

Next, the limitation very clearly states; ".. but if you fear that you shall not be able to deal justly (with them) then only one ..."

Muslims Today - Most Monogamous
Step by step, the men of Islam have come to be known today as the most monogamous of all men on earth (we only have one wife). Check for yourself and see. In the majority of all the Muslim homes on earth, a man gets married once, to one woman and then he stays married to her until the death of either himself or his wife.

Woman's Right To Choose Any Husband She Likes -
Even If He Is Already Married
One very important point that is often overlooked by modern society is the right that Islam gave to the women that it does not give to the man. A man is limited to marry only from the woman who is not already married. Obviously, this provides rights for the children and provides for them from inheritance from the father. But Islam also permits the women to marry a man who is already married to protect her in a society where the number of women outnumbers the population of men. Additionally, the woman has a large selection of men to choose from. In fact, she has the right to choose from any man in the community as long as he does not already have four wives. She also has the opportunity to see how the other wife was being treated and go into a marriage knowing exactly what to expect from her husband. After all, he must treat her in the same way as he is treating the other wife.

Women Need Husbands - Allah Provided the Answer
The prophet, peace be upon him, predicted that in the Last Days the women would outnumber the men to a great extent. Today we are seeing this become a reality all over the world. Allah has already provided for us for this occasion. After all, He is the One who makes it all happen and He already knew that many women would come into Islam in these days. He also knew many of the Muslim men would be killed or die at an early age, just as it is happening these days. These women all need husbands. Allah has given us the solution to all of life's problems.

Women's Right to Vote - 1,400 Years Ago
We might add that Islam also gave the women full status as citizens over 1,400 years ago by giving her to right to speak and vote the same as anyone else. American women had to take their cause to the streets with "Women's Suffrage" and were not granted the right to vote until just ninety years ago.

Women Keep Their Identity - And Their Names
Additionally, Islam protected women's rights to keep their identity and they were not considered property of some man. As such, they were no longer forced to change their last names to be that of their husbands. This is still the practice of Muslim women today just as it was fourteen hundred years ago.

Women Keep Their Property And Earnings - Men Must Share
Yet, at the same time the western society is so concerned about the way Islam demands that a couple be married, the man actually must work instead of the woman; the woman owns her own property without giving anything for the support of the house or the child; a child has the right to his or her own mother raising them instead of a baby sitter or day care; father must support his children; divorce is hated; and marriage is sanctified.

West Can't Tolerate Man And Woman - In Marriage
It is strange isn't it, a society like America, has no problem accepting sex without marriage; homosexuality; same sex marriages; sex without responsibility; children without fathers; and divorces are more common place than the measles or chicken pox. Yet, there is no tolerance for marriage between a man and a woman if it is not on their terms.

What Needs to Be Re-evaluated?
Compare the two for yourself and see which one needs correction.

Friday, June 13, 2008

Maqasid Al-Shariah: Purposes of the Islamic Law (Part 1)

Peace of God and His mercy to you.

Sharia, the divine guidance from Allah, is a very broad topic. I mentioned it in these posts:
  1. Democracy And Rights In Islam
  2. More About Sharia
  3. Islam & Politics: An Unholy Mix?
To elaborate more on Sharia purposes, Reading Islam is presenting a new series of articles about it. Here is the first part of: Maqasid Al-Shariah: Purposes of the Islamic Law.

Monday, May 26, 2008

More About Sharia

Peace of God and His mercy to you.

I would like to share more information about Sharia, the divine laws that govern our life in the aspects of rights and justice for Allah, the individual, groups, and all.

This presentation is prepared because I faced many less informed people about Sharia. Their views were very limited, and their information was based on the negative Western views about Islam.

I say to you:
Read and know the truth!
But first, please read these quotes that will help you see what Sharia is all about:
First, let me start by saying that in modern times Shari`ah was inaccurately translated as “Islamic Law”. This portrayed Shari`ah as merely a collection of laws and regulations. Perceiving Shari`ah as such has produced great confusion in regards to its importance in Islam.

There is no doubt that the main sources of the Shari`ah are the Qur'an and the Sunnah in addition to the consensus of Muslim scholars (’ijma`) and the personal judgment of Muslim scholars in conformity with the prescriptions of the Qur’an and the Sunnah (ijtihad).

The word shari`ah literally means a waterway that leads to a main stream, a drinking place, and a road or the right path. From this meaning, the word shari`ah was used to refer to a path or a passage that leads to an intended place, or to a certain goal.

Water is life for everything, Shari`ah is life for the Muslims’ souls and a way of life for them.

Shari`ah embraces worship, morals and conduct, as well as it embraces the political, social and economic, as well as other spheres.

Many non-Muslims, however, think that the Shari`ah is mainly a collection of fixed ancient laws that belong to a time other than ours. On the contrary, Muslim scholars agreed on the fact that applying the Shari`ah requires two essential types of understanding. These two types are; understanding the sources from which the rules are derived, the Qur’an and the Sunnah (the traditions of the prophet), and understanding the reality in which these rules are applicable. Hence, the application of the Shari`ah is not in a vacuum; rather it is in a reality that is changeable due to time and space.

The purpose of the shari`a is not to protect Allah or His rights, but to protect the lives, honor and property of all people who live under this shari`a.

It is important to remember that before the implementing hudud, we have to establish the huquq that is the rights of the people. Islam implements certain rights: the right of life, property, freedom, justice, etc. These rights must be established before we talk about punishing people who violate the rules of Allah.

Here are the topics looking at Sharia in the form of Q&A taken from Reading Islam:

In the end...
You can see, after knowing about Sharia, that:
Shari`ah is based on wisdom and achieving people's welfare in this life and the afterlife. Shari`ah is all about justice, mercy, wisdom, and good. Thus, any ruling that replaces justice with injustice, mercy with its opposite, common good with mischief, or wisdom with nonsense, is a ruling that does not belong to the Shari`ah, even if it is claimed to be so according to some interpretations. (Shamsuddin Ibn al-Qayyim, I`lam Al-Muwaqi`een, ed. Taha Abdul Rauf Saad (Beirut: Dar Al-Jeel, 1973) vol.1, p. 333:)

Friday, May 23, 2008

Democracy And Rights In Islam

Peace of God and His mercy to you.

The talk about democracy in the media and between common people is very vague. The term is used to generally refer to elections and rights. But, what is the origin of democracy and what does it mean? And what are rights?

Does Islam Allow Democracy?
Democracy as a name looks very nice and seems beneficial. Democracy in the West is a system. Shari'a is a system. The difference is that in democracy people are free to do what they want while Shari'a is a system of guidance. And with guidance there are rules:
Democracy is a Greek word composed of two words "Demos" (people) "Kratos" (rule). It means the government run by the people of the country. It is a Western system that emerged in the wake of the tyranny practised by the monarchs with the support of church. So, the people staged a revolution against this system and called rule by the public. Therefore, democracy is contrary to Islam because Islam insists on the fact that Allah alone has the right of legislation while democracy means that the public has the right of legislation. Allah Says (interpretation of meaning): {… and He makes none to share in His Decision and His Rule."}[18: 26].

Allah also Says (interpretation of meaning): {… The command (or the judgement) is for none but Allâh. He has commanded that you worship none but Him (i.e. His Monotheism), …}[12: 40]. The Almighty also declares: {Do they then seek the judgement of (the Days of) Ignorance? And who is better in judgement than Allâh for a people who have firm Faith.}[5: 50]. There are many other verses that prove the same fact.

If it is said that there is no difference between democracy and the Islamic advisory system the response will be that the basic difference is that in Islamic system the advise is taken only in the incidents where there is no clear ruling of Shariah while democracy means that the public may cancel anything: well-established facts, rulings of Shariah, etc. In democracy the public is the highest authority to act as it wills.

Moreover, the members of an advisory board have certain characteristics while there is no difference between people in the democracy system; everyone is entitled to give his opinion.

Here, some people raised the following question "Why we should not take the merits of democracy and modify them to suit Islam and make it an Islamic democracy". We say that such claims are not correct and any benefit democracy could offer our religion possesses it perfectly and in a higher degree. However, if any democracy changes to suit Islam then it no longer will be a democracy, but a new system.

For more details in this subject, please read the book "The reality of democracy" written by Ahmad Shakir. Source: IslamWeb

So, is Islam oppressing the people? What is the purpose of Islam? Why Allah guided the people of Moses, Jesus, Mohammad and other Prophets? Why is there religions? Is the religion spiritual or life-guiding or both?

Islam is a religion that well guided its followers in many issues of life, such as marriages, divorces, trades, crimes, etc. No person can give a fair decision or system to control an issue. No collective group of people can give the best rule to an issue. The Creator, nevertheless, can. He created the people and knows the best for them:
Lo! ye are those who argue about that whereof ye have some knowledge: Why then argue ye concerning that whereof ye have no knowledge? Allah knoweth. Ye know not. (66) Al Imran 3:66

What Is The Islamic State Form Of Government?
This is a broad topic. It can be summarized as:
In general, nomination of a ruler in Islam is based on al-Shura (mutual consultation). Allah Says (interpretation of meaning): {…, and who (conduct) their affairs by mutual consultation, …} [42: 38]. He also Says: {…, and consult them in the affairs. …} [3: 159].

So, ahl-al-Hal wal 'Aqd (Influential people, those in power as representatives of the people) meet and consult and then nominate a ruler whom they think is qualified to the position of Khilafah (Caliphate). After that, they pledge allegiance to him and urge the Muslim Ummah to pay homage to him. So, he becomes entitled to manage all affairs, inner and outer, provided that he sticks to Shari'a and never violates its rulings.

Since most affairs of al-Siyasah al-Shar'iyah are subject to Ijtihad (independent judgment that is controlled by Shari'a in general), the ruler can compare between what is good and bad for the Muslim public, and then, choose what is better and more beneficial for the Ummah.

Here, we state that forming a government is subject to the principle of "To choose what is better and more beneficial for the Ummah". Thus, the Muslim ruler can form the government and choose the best people to be ministers. At the same time, the ruler may deputize ahl-al-Hal wal-'Aqd (The Islamic parliament) to form the government. In fact, there are many choices. Source: IslamWeb

Does Parliament Have Similar Characteristic With Shura?
The difference between governing the issues of the country in Islam and in other systems is:
  • Islam gives the governing authority to the experts.
  • Other non-Islamic systems give the governing authority to people elected whether they are experts or not.
Shura is the Islamic system of choosing the right people by the right people:
Al-Shura (Mutual consultation) is a pillar of ruling and governing in Islam. So, all decisions that are made by the state should be through Shura; decisions relative to war, peace, duties towards other countries, establishment of Hudud and amassing armies. In addition, organizing all the affairs of the state should all be made following the consultation of the responsible people of the Muslim community.

Muslims nowadays however do not apply this principle in their lives because of the wide gap existing between those times where the right application of Islam and the present influence of the culture of their enemies.

The Shura that was practised during the rule of the four Caliphs is different from a democratically elected Parliament. First, in Shura no one has the right to go beyond the texts that are in the Qur'an and the Sunnah or legislate something that does not conform to them.

The modern Parliaments make their own texts and have the right to pass legislation.

Second, in Shura only the scholars and experts are asked to give their opinions over a given issue while in Parliaments anyone who is elected has the right to participate in passing laws. In those procedures there is no difference between the opinion of a scholar and that of an ignorant person, or the opinion of an expert to that of a novice in the matter.

In Parliaments heads (votes) are counted but not weighed while in Shura they are weighed according to their knowledge and savoir-faire. This is the right logic.

No matter how many inexperienced people you put together, they won't be able to give the same valuable opinion as an expert and a scholar in the field.

There are many other differences between the Shura and the modern Parliaments. But it is sufficient that Shura is the way Allah has chosen for His servants. He is the one who knows His servants and creatures and what is good to them Allah Says (interpretation of meaning): {Should not He Who has created know? And He is the Most Kind and Courteous (to His slaves) All-Aware (of everything).} [67: 14]. Source: IslamWeb

So, the Parliament system is based on votes. What is important in this system is the quantity not the quality of the decisions. This can be very harmful since the decisions always affect different groups. In the other hand, Shura is a system that seeks justice for the most.

What Is The Political Side Of Islam?
In Islam, the rights of the Ummah (the Muslim community) as well as the rights of the non-Muslims living with Muslims are ensured to be fairly secured. The most important thing in Islam that deals with the life of the community is justice:
First, Muslim jurists are fully aware of the importance of politics in Islamic Shari'a so, they compiled many books dealing with this subject and this subject is discussed extensively in Fiqh books. Some books are as follows:
a) al-Siyasah al-Shar'iyah, written by Ibn Taymiyah.
b) al-Ahkam al-Sultaniyah, written by al-Mawardi.
c) al-Ahkam al-Sultaniyah, written by Abu Ya'la.
d) al-Turuq al-Hukmiyah Fi al-Siyasit al-Shariyah, written by Ibn al-Qayyim.
e) Giyath al-Umam, written by al-Juwany.

Second, politics in Islam is not isolated from faith and good character.

Third, Islamic politics assures the rights of individuals and society as well; it maintains the rights of both of them as long as there is no contradiction between them. In the case of contradiction between the right of the individual and that of the society, the general benefit will be preferred to the private one and the one who suffers damages will get compensation for that. Imam Shatibi said in his book 'al-Mufaqaat', 'the priority is given to public interest' .

Fourth, the system of ownership in Islam is very moderate. On one hand it approves the ownership of an individual with certain conditions. This is contrary to socialism. On the other hand it approves common property. This is contrary to capitalism.

Fifth, Islamic politics relies on the ways of consultation in opposition to 'dictatorship'. It also sets the basics for consultation, i.e. consultation would be limited only to the people concerned unlike democracy that takes the opinion of every person even from the rabble.

Sixth, Islamic politics emphasizes establishing the Caliphate; for Muslims that is the highest authority in the Muslim Ummah. The Prophet (Sallallahu Alaihi wa Sallam) was not buried after his death till Abu Bakr (Radiya Allahu Anhu) was made the Caliph of the Muslims. For more details, please read the book "Dirassat wa Buhooth Fi al-Fiker al-Islam", written by Dr. Fathi al-Darini. Source: IslamWeb

Since these topics are very specialized to be answered by an inexpert Muslim like me, you can always ask expert Muslim scholars about matters you do not know if you searched and did not find any answers for them. I recommend the fatwa (Q&A) service provided by the Islam Web Network. You can find this service here.