INTERPRETATION OF THE QURAN AND SUNNAH

INTERPRETATION OF THE QUR’ÓN AND SUNNAH REFLECTION ON SOME ISSUES

INTERPRETATION OF THE QUR’ÓN AND SUNNAH REFLECTION ON SOME ISSUES

ISRAR AHMAD KHAN (EDITOR)

IIUM Press

Published by: IIUM Press International Islamic University Malaysia First Edition, 2011 ©IIUM Press, IIUM All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without any prior written permission of the publisher. Perpustakaan Negara Malaysia

Cataloguing-in-Publication Data

Sofia Samsudin, Sohirin Mohammad Solihin, Noor Mohammad Osmani, Habeeb Rahman Md. Ibramsa, Israr Ahmad Khan, Habeeb Rahman Ibramsa, Ismail Abdullah, Ammar Fadzil: Interpretation Of The Qur’Én And Sunnah Reflection On Some Issues. Includes Index ISBN ISBN: 978-967-0225-49-4

Department Of Qur’an And Sunnah Studies Kulliyyah Of Islamic Revealed Knowledge And Human Sciences International Islamic University Malaysia (IIUM) Printed by : IIUM PRINTING SDN. BHD. No. 1, Jalan Industri Batu Caves 1/3 Taman Perindustrian Batu Caves Batu Caves Centre Point 68100 Batu Caves Selangor Darul Ehsan iv

DEDICATED TO MY WIFE, SHAHNAZ BEGUM AN IDEAL MUSLIM WOMAN IN MY LIFE

CONTENTS Acknowledgment...................................................................... ...i Preface…………………………………………………………… iii Chapter One………………………………………………………………1 Business as a Source of Material and Moral Growth A Reflection from Islamic Perspective Sofia Samsudin Chapter Two……………………………………………………...33 Hermeneutics of Qur’anic Exegesis Critical Evaluation of Some Muslim Writers’ Views Sohirin Mohammad Solihin Chapter Three…………………………………………………….49 JihÉd An Analysis from Islamic Perspective Noor Mohammad Osmani Chapter Four…………………………………………………..…69 Islamic Provision of Theft and Mutiny An Analysis of Muslim Modernists’ Approach Habeeb Rahman Md. Ibramsa

vii

Chapter Five…………………………………………………………….87 Qur’Énic Concept of Ideal Human Society Israr Ahmad Khan Chapter Six…………………………………………………………….103 The Essential Role of IsnÉd in Preserving Islamic Civilization Habeeb Rahman Ibramsa Chapter Seven…………………………………………………………127 Exposition on the Principles of IslÉm HaÌÉrÊ Qur’Énic Conception of ‘Knowledge’ Ismail Abdullah Chapter Eight……………………………………………………….…147 JihÉd versus Terrorism Revisiting the Relvant Qur’Énic Verses Ammar Fadzil Index…………………………………………………………....1 57

viii

Acknowledgment All praise id due to Allah alone. It is He alone to whom I stand indebted for this work. He willed that I should will. By His infinite grace, I willed. Allah, then, helped me to take the task to its completion. Prof. Dr. Ahmad Faris, Deputy Rector (Research and Innovations), International Islamic University Malaysia inspired me to embark on this project. May Allah bless him for his inspiring suggestions and comments. Dr. Mohd. Shah Jani, Head of the Department of Qur’an and Sunnah Studies, Kulliyyah of IRK & HS, International Islamic University Malaysia always motivated me in this task. He deserves my heartfelt appreciation and prayer. Dr. Badri Najib Zuber, Dean of the Kulliyyah IRK & HS supported me spiritually as well materially to ensure completion of the edited book project. I wish for him the best in his life. The Research Management Centre, International Islamic University Malaysia sponsored my edited book project. I feel deeply grateful to its Dean, Deputy Deans, Directors, Assistant Directors, and other officials for their timely and generous help I needed to complete the project. My wife, Shahnaz Begum, my daughters, Mariya Seemin Khan, Juwayriya Naznin Khan, Naeylah Zarrin Khan, Hamnah Sheerin Khan, and my sons, Muaaz Khan, Muawwiz Khan, Yasir Khan, Samrah Khan, Owaym Khan, remained, in words and in practice, supportive to me in my task. They never put any extra burden on me to avoid any pressure causing adverse impact on my work. I pray to Allah for their well being in this world and in the hereafter. ÓmÊn!

ix

Preface Knowledge of man on any subject is ever growing; it does not and should not come to an end. It is mainly because man is an intellectual being. Allah has granted him such a power to think, criticize, evaluate, interpret, develop, and write knowledge that he himself can not fully grasp and appreciate. The knowledge of Allah is absolute and comprehensive. He has shared His knowledge on matters like human life, its problems, and solutions to those problems in His Last revelations to the Last Prophet (s.a.w.). The divine revelations are now represented by the Qur’Én and ×adÊth. Whatever there are in these sources are comprehensive and absolute. Yet, human understanding of the knowledge therein varies from person to person. Fifteen centuries have passed since the Qur’Én and ×adÊth were introduced to the world by the Last Prophet of Allah (s.a.w.), but it seems there is no end of interpretation of the Qur’Énic injunctions and ×adÊth instructions. Department of Qur’Én and Sunnah Studies, Kulliyyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia aims to interpret and reinterpret the Qur’Én and ×adÊth in order to let them appear relevant to the contemporary situations in the world. For that matter, it has encouraged its academic staff to embark on research projects with a view to interpreting the Qur’Én and ×adÊth from new perspectives. The Department also came up with the idea of edited books, one in Arabic and the other in English consisting of papers on the dimensions of interpretation of the Qur’Én and ×adÊth. Many academic staff members of the Department wrote papers on various dimensions of the issue. It is their submissions that took the form a book. The first paper is on the role of Islamic principles in business authored by Dr. Sofia samsudin. It has deliberated over how and what Muslim businessmen and businesswomen should do to ensure success in their commercial endeavors. The second paper is on critical evaluation of some Muslim writers’ effort to interpret the Qur’Én. It author is Assoc. Prof. Dr. Sohirin Mohammad Solihin. He has selected three Muslim writers, Fazlurrahman, Arkoun, and Abu Zayd for the task. He has criticized their views on how to interpret the Qur’an. The third paper is on Islamic perspective of Jihad authored by xi

Noor Muhammad Osmani. This paper suggests that the concept of jihad has been misinterpreted and misunderstood hence need of reinterpretation of the term. The fourth paper is on Muslim modernists’ approach to the interpretation of ×adÊth. Its author, Dr. Habeeb Rahman Ibramsa has criticized Muslim modernists’ views on punishments for theft and mutiny. The fifth paper is on Qur’Énic concept of human society authored by Prof. Dr. Israr Ahmad Khan. He has tried to identify and highlight nine main features of Islamic society the Qur’Én seeks to develop on the earth. The sixth paper is on the role of chain of narrators (isnÉd) in preserving authenticity of ×adÊth hence that of Islamic civilization. It has been written by Dr. Habeeb Rahman Ibramsa. The seventh paper is on significance of knowledge in establishing Islamic civilization. The author, Assoc. Prof. Dr. Ismail Abdullah has emphasized significance of knowledge in the light of the Qur’Én and ×adÊth. The eighth paper is on comparative study of jihad and terrorism. The author, Assoc. Prof. Dr. Ammar Fadzil has tried therein to remove confusion over the concept of jihÉd arisen out of some Qur’Énic verses. One may not necessarily agree with the views expressed in these papers. Yet it is highly appreciable that young Muslim scholars in the Department of Qur’Én and Sunnah Stuides have contributed to the ever growing knowledge of the interpretation of the Qur’Én and ×adÊth. The editor has done his best to edit the papers from conceptual, methodological, and linguistic angles. He does not claim perfection of his editing task. There might still be lacuna in some places of these papers. Readers are appealed to identify errors and bring them to the notice of the editor. May Allah make this edited work useful for those interested! PROF. DR. ISRAR AHMAD KHAN Department of Qur’an and Sunnah Studies Kulliyyah of Islamic Revealed knowledge and Human Sciences International Islamic University Malaysia 15 NOVEMBER 2011 xii

Business as a Source of Material and Moral Growth A Reflection from Islamic Perspective Sofiah Samsudin* Abstract Islam is not a religious in the modern sense of the word; it is rather complete and comprehensive way of life, guiding mankind in every walk of life including business. The Qur’an and Hadith have both highlighted significance of and rules for business. They view business as the best way to ensure safety and further growth of wealth and property. The present article represents an attempt to explain significance and rules of business as available in the Qur’Én and Prophetic traditions. Keywords: Islam, Business, the Qur’Én, Prophetic traditions, Growth Introduction Islam is a comprehensive way of life (dÊn). It emphasizes on the prosperity of mankind in this world as well as in the hereafter. One of the most important factors of this prosperity is the management of one's property. As it appears, business is the most desirable way to manage one’s property. It is this reason that Islam portrays business as the best profession for mankind. Allah said in the Qur’Én: ِ ِ ِ ٍ ‫ارةً َعن تَ َر‬ َ‫اض ِّمن ُك ْم َوال‬ َ ‫ين‬ َ ‫آمنُواْ الَ تَأْ ُكلُواْ أ َْم َوالَ ُك ْم بَ ْي نَ ُك ْم بِالْبَاط ِل إِالَّ أَن تَ ُكو َن ت َج‬ َ ‫يَا أَيُّ َها الَّذ‬ ِ ‫يما‬ ً ‫تَ ْقتُ لُواْ أَن ُف َس ُك ْم إِ َّن اللَّ َه َكا َن بِ ُك ْم َرح‬ “O ye who believe! Eat not up your property among yourselves in vanities: but let there be amongst you traffic and trade by mutual

*

Assistant Professor, Department of Qur’Én and Sunnah Studies, IRKHS, International Islamic University Malaysia.

1

Interpretation of the Qur’an and Sunnah: Reflection on Some Issues

good-will: nor kill (or destroy) yourselves: for verily Allah hath been to you Most Merciful” (al-NisÉ’: 29). The Qur’an declares believers as the best community: ِ ِ ِ ِ ‫ت لِلن‬ ‫آم َن أَ ْه ُل‬ ْ ‫ُكنتُ ْم َخ ْي َر أ َُّم ٍة أُ ْخ ِر َج‬ َ ‫َّاس تَأ ُْم ُرو َن بِال َْم ْع ُروف َوتَ ْن َه ْو َن َع ِن ال ُْمن َك ِر َوتُ ْؤمنُو َن بِاللَّه َول َْو‬ ِ ‫اب لَ َكا َن َخ ْي را لَّهم ِّمنْ هم الْم ْؤِمنُو َن وأَ ْكثَ رُهم الْ َف‬ ِ َ‫الْكِت‬ ‫اس ُقو َن‬ ُ ُُ ُ ً ُ ُ َ “Ye are the best of peoples, evolved for mankind, enjoining what is right, forbidding what is wrong, and believing in Allah. If only the People of the Book had faith it were best for them; among them are some who have faith, but most of them are perverted transgressors” (Ali ‘ImrÉn: 110). 1 This verse praises Muslims not merely due to the title but owing to their highly admirable thoughts, approaches and acts in daily life. Arabs before Islam were basically commercial oriented; when they converted to Islam, they continued their business profession in the best way possible. When the Qur’an praises Muslims, it certainly refers, among other things, to business. ImÉm al-GhazalÊ mentioned that one of the MaqÉÎid alSharÊ’ah (Objectives of the SharÊ’ah) is the protection of one's property2. Due to the significance of one's property and assets Islam encourages believers to engage in business, as this activity ensures further growth of property and assets. It seems Muslims have pushed to oblivion the message of Islam concerning business. This paper is to highlight significance and rules of business as described in the Qur’an and Hadith. Deplorable Situation of Business in the Muslim World The Prophet (s.a.w.) was a successful businessman, married to a very successful businesswoman, KhadÊjah bint al-Khuwailid. AbË 1

Ibid. Qur’Én Al-GhazalÊ. AbË ×amÊd MuÍammad bin MuÍammad, Al-MusÏasfa min ‘ilm alUsËl, (Amir Qam, 2nd edition, 1323H), v. 2, p 286. 2

2

Business as a Source of Material and Moral Growth

Sofiah Samsudin

Bakr al-ØiddÊq, first of the rightly guided caliphs, as well as many other SaÍÉbah and TÉbi’Ên practised business in the light of the Qur’Én and Sunnah. The success of these businessmen and businesswomen is on record. Islamic history has given us undeniable proof for the contributions of the Muslims to public welfare, achieving honor and economic prosperity in this worldly life. The main reason for Muslims’ wonderful contributions toward economic well being was that their activities were governed by the Qur’Én and Sunnah. This shows that the Muslim Ummah were truly the best people raised for mankind in all aspects of life, including business. Unfortunately, Muslims today seem to be far away from the teachings of Islam as available in the Qur’an and Hadith. The deviation of Muslims from Islamic teachings is a direct cause of their decline. Thus, the revival of the Muslim Ummah depends on their return to the purity of Islam.3 Today, the situation has shifted, and the practical scene of the Muslims’ business has inevitably changed. It is evident that business no longer has impact on the Muslims’ life. They are at either of the two extreme points. There are Muslims who conduct business blindly and greedily based on the Western ideology devoid of any rules. On the other extreme point there are Muslims who avoid and ignore significance of business, considering it undesirable act of worldly pursuit. These two extremes have resulted in the passive attitude of Muslims in business hence their decline in today’s global economy4. The most apparent proof of the passive attitude of Muslims in business is the tendency to work for the government, avoiding selfemployment or entrepreneurship-based professions. Based on the Tracer Study in 2008 done by the International Islamic University Malaysia, the most preferred job sector for the unemployed Muslim 3

Refer: ×asan al-‘Anani. Freedom and responsibility in Qur’Énic perspective. Translated by M.S. Kayani. (Indianapolis: American Trust Publications, 1990), p 1 & 29. 4 Refer: MuÍammad Ali ×aji ×ashim, Bisnes satu cabang Jihad: Pembudayaan Bisnes untuk Survival (Selangor: Utusan Publications, 2003, 1st Edition), p 22-23.

3


graduates is the government (56.3%), followed by statutory bodies (33.9%) and multinational and local private companies, with 33.9% and 26.2%, respectively. After that, the local private sector (26.4%) takes fourth place, with self-employment/entrepreneurship taking last place (38.2%). Moreover, according to a survey on students of Kulliyyah of Islamic Revealed Knowledge, International Islamic University Malaysia, 76.0% preferred to enter government job.5 Muslim graduates in the Muslim world including Malaysia face difficulties to get a suitable in government sector and remain unemployed. Yet, they are the least inclined to business and selfemployment. As a matter of fact business or self-employment is the only profession that can accommodate unemployed Muslim graduates. Therefore, it is crucial to examine the importance of business and its guidelines in the Qur’Én and Sunnah. Importance of Business in the Qur’Én and Sunnah Man attempts and, at times, errs. It is because he does not know how to do what and when. In this regard man depends heavily on absolute knowledge of his creator who has not left man on his own wandering in the wilderness. Allah has made all arrangements to help man everywhere. He has vouchsafed him all the rules and regulations for all the dimensions of his life. The rules and regulations of business are available in the Qur’an and Hadith. These Islamic guidelines can help Muslims achieve true success in business.

5

See: International Islamic University Malaysia, Tracer Study 2008 First Degree Graduates (Kuala Lumpur: Alumni and Career Services, IIUM, 2009, 4th edn.), p 161-162.

4


Sofiah Samsudin

A) The Importance of Business towards an Individual 1. Business as a way for an individual to benefit other people It is hard for a person to satisfy all his needs such as food, drink, clothing, and shelter on his own by producing them or manufacturing them himself. Man is, therefore, bound to purchase his needs from other individuals or organizations who produce them. Islam has, therefore, attached great importance to business for the purpose of benefiting others through services and goods.6 The Qur’Én illustrates this aspect as follows: ِ ِ ِ ‫َٰت وٱألَر‬ ِ َّ ‫إِ َّن فِي َخل ِْق‬ ِ ‫َّها ِر وٱلْ ُفل‬ ‫ْك ٱلَّتِي تَ ْج ِري فِي ٱلْبَ ْح ِر بِ َما يَن َف ُع‬ ْ َ ‫ٱلس ََٰم َو‬ َ َ ‫ض َوٱ ْختالَف ٱللَّْي ِل َوٱلن‬ ٍ ‫آء ِمن َّم‬ ِ ‫ٱلسم‬ ِ ِ‫ث ف‬ ِ ِ ‫آء فَأ‬ ِ ‫ْ ِر‬ ‫اح‬ ِ َ‫ٱلري‬ ِّ ‫يف‬ ْ َ‫يها من ُك ِّل َدآبٍَّة َوت‬ َ َّ َ‫ض بَ ْع َد َم ْوتِ َها َوب‬ َ ‫َحيَا بِه ٱأل َْر‬ ْ َ ‫َّاس َوَمآ أ‬ َ َّ ‫َنز َل ٱللَّهُ م َن‬ َ ‫ٱلن‬ ٍ ِ ِ ٍ ‫ض آلي‬ ِ ‫ٱلس َح‬ ‫ات لَِّق ْوم يَ ْعقلُو َن‬ َّ ‫اب ٱل ُْم َس َّخ ِر بَ ْي َن‬ َّ ‫َو‬ َ ِ ‫ٱلس َمآء َوٱأل َْر‬ “Behold! in the creation of the heavens and the earth; in the alternation of the night and the day; in the sailing of the ships through the ocean for the profit of mankind; in the rain which Allah Sends down from the skies, and the life which He gives therewith to an earth that is dead; in the beasts of all kinds that He scatters through the earth; in the change of the winds, and the clouds which they Trail like their slaves between the sky and the earth;- (Here) indeed are Signs for a people that are wise” (al-Baqarah: 164). Interpreting the verse concerning the ‘sailing of the ships through the ocean for the profit of mankind’, ImÉm al-QurÏubÊ says that the phrase refers to the permissibility of sailing in order to do business.7 Hence, we can easily understand that business is acknowledged in the Qur’Én as a way to benefit mankind.

6

Refer: Baila Ibrahim AÍmad al-‘Ulaima, al-‘InÉyah bi al-TijÉrah fÊ al-IqtiÎÉd alIslÉmÊ, (Kaherah: Jami’ah al-ImÉm MuÍammad ibn Sa’Ëd al-IslÉmiyyah, 1st edn. 2007), vol. 1, p 76. 7 Refer: Al-QurÏubi, al-JÉmi’ li AÍkÉm al-Qur’Én, (Beirut: Muassasah al-RisÉlah, 1st edin., 1427H/2006), vol. 2, p 495.

5


In the Sunnah of the Prophet, business has been described as a very important means for benefiting others and satisfying their needs. The Prophet (s.a.w.) explained the right for buyers and sellers known as ‘khiyÉr majlis’, which means option to cancel or confirm the transaction as long as they (the buyer and the seller) have not yet separated from each other. This right was to ensure that their needs were satisfied. Al-ImÉm al-BukhÉrÊ has recorded on the authority of Ibn 'Umar that the Prophet (s.a.w.) said: "The buyer and the seller have the option to cancel or confirm the transaction before they separate from each other." NÉfi‘, the reporter from Ibn ‘Umar, said: "Ibn 'Umar used to separate quickly from the seller if he had bought a thing which he liked".8 ImÉm Muslim has recorded a tradition on the authority of Hudhayfah that a servant from amongst the servants of Allah was brought to Him whom Allah had endowed with riches. He (Allah) said to him: What (did you do) in the world? (They cannot conceal anything from Allah); he (the person) said: O my Lord, You endowed me with Your riches. I used it for transactions with people. It was my nature to be lenient to (my debtors). I showed leniency to the solvent and gave respite to the insolvent. Allah, then, said: I have more right than you to be lenient to My servant. 'Uqba b. 'Amir al-Juhani and Abu Mas'ud, the two reporters, said: This is what we heard from Allah's Messenger (s.a.w.)9. This Hadith highlights the fact that Allah granted pardon to the person because he had managed his business and transaction as a way to ease and benefit others.

8

Al-BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ, Book 3, Volume http://www.quranexplorer.com/hadith/English/index.html 9 Muslim, ØaÍÊÍ Muslim, Book 10, http://www.quranexplorer.com/hadith/English/index.html

6

34,

×adÊth

×adÊth

320, 3791,


Sofiah Samsudin

2. Business as a Way for an Individual to Generate Income and Rewards By doing business, a Muslim businessman or businesswoman is entitled to two rewards, material as well as spiritual. The former ensures worldly prosperity, and the latter leads to Allah’s blessing in the life hereafter. Business is a means of service to the society whereby businessmen or businesswomen help the people in the society to easily access to goods and other necessary services that the people need. Service to the society from any angle, material or moral is very much rewarding in Islam. It merits bounty of Allah in both the phases of life, the present and in the hereafter: ِ ِ ِ ِ ِ َّ ‫ْك‬ َ ‫سونَ َها َوتَ َر ى ٱلْ ُفل‬ ْ ‫َّر ٱلْبَ ْح َر لتَأْ ُكلُواْ منْهُ ل‬ ُ ‫َحماً طَ ِريّاً َوتَ ْستَ ْخ ِر ُجواْ منْهُ حلْيَةً تَ لَْب‬ َ ‫َو ُه َو ٱلذي َسخ‬ ِ ‫مو‬ .‫ضلِ ِه َولَعَلَّ ُك ْم تَ ْش ُك ُرو َن‬ ْ َ‫اخ َر فِ ِيه َولِتَبْتَ غُواْ ِمن ف‬ ََ “It is He Who has made the sea subject, that ye may eat thereof flesh that is fresh and tender, and that ye may extract therefrom ornaments to wear; and thou seest the ships therein that plough the waves, that ye may seek (thus) of the bounty of Allah and that ye may be grateful” (al-Nahl: 14). ImÉm al-ÙabarÊ explained that ‘that ye may seek (thus) of the bounty of Allah’ conveys the concept of making a living by trading and doing business through ways and methods that Allah the Almighty has provided and facilitated for humans. MujÉhid ibn Jabr interprets this phrase as seeking the bounty of Allah by doing business through land and sea10. Al-ImÉm al-BukhÉrÊ recorded a tradition on the authority of ×akÊm bin ×izÉm that the Prophet said: "Both the buyer and the seller have the option of cancelling or confirming the transaction unless they separate." ×ammÉm, one of the subsequent reporter of the above tradition, remarks: "I found this in my book: 'Both the buyer and the seller have the option of confirmation or cancellation of the transaction 10

Refer: AbË Ja’far MuÍammad ibn JÉrir Al-ÙabarÊ, Jami’ al-BayÉn fÊ TafsÊr Ay alQur’Én, (al-QÉhirah: Maktabah Ibn Taimiyyah, 2nd edn. n.d.), vol. 17, p 176.

7


three times. If they speak truthfully and mention the defects of the goods, their transaction will, then, be blessed; and if they speak lies and conceal any defects, they might ensure some financial gain but they will deprive their sale of (Allah's) blessings" 11. 3. Business as a Way to Develop Virtuous Personality. A Muslim businessman or businesswoman obeys the order of Allah the Almighty, who strictly prohibits the illegal use of others' property, unless legalized through business by mutual consent. Those with the quality of Taqwa will manage their business as someone who walks safely through a thorny path; they are fully conscious of what is good and what is bad around them. They never forget the position of their activities; they know very well that conducting a business is not merely for worldly profits, but it is a transaction with Allah, the Most Gracious, hoping for His grace. In fact, a person gains variegated knowledge and experiences through business. He gains practical knowledge on management, finance, education, customer service, handling challenges and so on. As experiences come in many forms, a businessman or businesswoman learns on how to foster relationships and networking, establishing connections with various types of people, places, commodities, values and cultures. All of these experiences develop good characteristics, such as patience, honesty, diligence, bravery, and humbleness. Therefore, one of the important aspects of business is its role as a training ground for developing good character. Businessmen and businesswomen learn to develop good character through the process of doing business. A believer conducting business can not afford to be impatient; he has to be patient; he can not afford to cheat; he has to be honest; he can not afford to be scared; he has to be brave; and he can not afford to be lazy; he has to be hard working. He conducts business and faces various challenges for the sake of obeying Allah and in fear

11

Al-BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ, Book 3, Vol. http://www.quranexplorer.com/×adÊth/English/index.html

8

34,

×adÊth

327,


Sofiah Samsudin

of the Day of Judgment.12 In the Qur’Én, this importance can be derived from the following verse: ِ َّ ‫الة وإِيتَاء‬ ِ َّ ‫ال ّال تُلْ ِهي ِهم تِجارةٌ وال ب ْيع َعن ِذ ْك ِر اللَّ ِه وإِقَ ِام‬ ٌ ‫ِر َج‬ ‫ب ِف ِيه‬ ٌَ َ ََ ْ َ ْ‫ال‬ َ ُ َّ‫الزَكاة يَ َخافُو َن يَ ْوًما تَ تَ َقل‬ ِ ْ‫الْ ُقلُوب واألَب‬ ٍ ‫ضلِ ِه َوٱللَّهُ يَ ْر ُز ُق َمن يَ َشآءُ بِغَْي ِر ِحس‬ ‫اب‬ ْ َ‫َح َس َن َما َع ِملُواْ َويَ ِزي َد ُه ْم ِّمن ف‬ ْ ‫ ليَ ْج ِزيَ ُه ُم ٱللَّهُ أ‬.‫ار‬ َُْ َ ُ َ “By men whom neither traffic nor merchandise can divert from the Remembrance of Allah nor from regular Prayer, nor from the practice of regular Charity: their (only) fear is for the Day when hearts and eyes will be transformed (in a world wholly new). That Allah may reward them according to the best of their deeds, and add even more for them out of His Grace: for Allah doth provide for those whom He will, without measure.” (al-NËr: 37-38) 13 Interpreting these two verses, ImÉm al-Sha’rawÊ says that business is the peak of activity in daily life, as it is the moment of exchange between the producer of sustenance and the consumer. However, this does not divert those businessmen from remembering Allah and obeying Him. Hence, Allah, the Most High, rewards them even more by awarding profits from unexpected sources.14 Hence, in order to do business and fulfill Islamic obligations at the same time, they must train themselves to have strong discipline, good time management, and awareness of the fact that Allah is omnipresent. ‘Abd Allah ibn 'Umar reported that Allah's Messenger (s.a.w.) said: “None of you should enter a transaction when someone else is bargaining”.15 Based on this ÍadÊth, it is very clear that a person in business must wait and be patient while entering a transaction; and that one should not enter into a transaction when another person is

12

Muhammad ‘Ali ×aji ×ashim, Bisness Satu Cabang Jihad (Kuala Lumpur: Utusan Publication & Distributors, 1st edn. 2003), p 26. 13 ‘ Abdullah Yusuf AlÊ, The holy Qur’Én English translation, p 426. 14 Al-Sha’rawÊ, KawÉthir Íawla al-Qur’Én al-KarÊm, (Al-Azhar: Majma’ al-BuhËth al-Islamiyyah, 1411H/1971), vol. 4, p 2402. 15 Muslim, ØaÍÊÍ Muslim, Book 10, ×adÊth 3617, http://www.quranexplorer.com/hadith/English/index.html (access date should be mentioned here)

9


bargaining. The person must wait until the bargaining is completed. Hence, he/she must train himself/herself to have patience while dealing in business. ImÉm MÉlik has recorded a tradition on the authority of AbË Hurayrah that the Messenger of Allah (s.a.w.) forbade mulamasa and munabadha. ImÉm MÉlik explains these two business terms: "Mulamasah is when a man can feel a garment but is not allowed to unfold it or examine what is therein, or he buys something at night and does not know what is that; Munabadhah is that a man throws his garment to another, and the other throws his garment without either of them making any inspection. Each of them says, 'This is for this.' ImÉm MÉlik maintains: Mulamasah and Munabadhah are both prohibited. Selling bundles with a list of their contents is different from the sale of a cloak concealed in a bag or the cloth folded up. What made it different was that it was a common practice and it was what people were familiar with, and what people had done in the past. It was still among the permitted transactions in which they saw no harm, because in the sale of bundles with a list of contents without undoing them, an uncertain transaction was not intended and it did not resemble mulamasa”16. From ImÉm MÉlik’s explanation, it is clear that Islam prohibits any kind of uncertain transactions and vague type of businesses. Islam allows and permits only an honest and transparent business. B) The Importance of Business towards a Society 1. Business as a Solution to Unemployment in Society. Unemployment is a very serious problem in society, as it causes many terrific social problems, including poverty. The day to day increasing number of beggars and drifters speaks volumes of the serious level of unemployment, which ultimately leads to the mergence

16

Malik, MuwÏÏa’, Book 31, http://www.quranexplorer.com/hadith/English/index.html

10

Hadth

35.76,


Sofiah Samsudin

of thieves and robbers. As a result the society feels insecure, as nobody knows when and where they might be the victim of robbery and burglary. It is very important for society to realize that poverty is a condition consequent upon economic weakness of people, and not an intrinsic characteristic of the society.17 Here business profession can play its role in reducing poverty by offering unlimited job vacancies for the unemployed. In Malaysia, for example, the Ministry of Higher Education is planning to enhance entrepreneurial skills among students and graduates. The Deputy Minister of Higher Education, Dato’ Saifuddin Abdullah mentioned the need to increase the percentage of students and graduates who can be encouraged to venture into entrepreneurship from 2.4 per cent to 5 per cent. He said that the Ministry was committed to investing and creating opportunities for Malaysians in the field of entrepreneurship.18 Moreover, due to high number of unemployed graduates as recorded by Tracer Study 2008 done by the International Islamic University Malaysia.19 In order to understand the impact of commercial activities in a society one can browse pages of history. The Quraysh, for example, in pre-Islamic Arabian Peninsula had business links with even distant lands like Syria and Yemen. They were blessed by Allah, the Almighty, by saving them from hunger and poverty, and protecting them from terrorists’ onslought20. In the Qur’Én this privilege of Quraysh is mentioned as follows: 17

Refer: Deepa Narayan, Patti Petesch,and Soumya Kapoor, , Moving Out of Poverty, Volume 2: Success from the Bottom Up (Herndon, VA, USA: World Bank Publications, 2009), p 88. Retrieved on 14 April 2011 from http://site.ebrary.com/lib/iium/Doc?id=10290038&ppg=116 18 NST online, Boosting business skills of graduate, students, 17 November 2009. http://www.nst.com.my_news/NST/article/11mc/Article, last viewed on 8 March 2010. 19 Ibid. International Islamic University Malaysia. Tracer Study 2008 First Degree Graduates. p 161- 162. 20 Refer: Nawwaf ibn Shaleh Al-Hulaisi, TijÉrah al-AmÊn Muhammad ma’a QawÉfil al-Qurayish wa Tathawwuruha fÊ al-IslÉm, p 40.

11


ِ ‫ إِيالَفِ ِهم ِرحلَ َة ٱلشِّت‬.‫ش‬ ِ َ‫ِإليال‬ ِ ‫ب َهَٰ َذا ٱلْبَ ْي‬ ِ ‫ٱلْ ْي‬ ٍ ْ‫ف قُ َري‬ ‫ ٱلَّ ِذ ۤي أَط َْع َم ُهم ِّمن‬.‫ت‬ َّ ‫ فَ لْيَ ْعبُ ُدواْ َر‬.‫ف‬ َّ ‫آء َو‬ َ ْ ْ ٍ ‫ وآمنَ هم ِّمن َخو‬.‫جو ٍع‬ .‫ف‬ ْ ْ ُ َ َ ُ “For the covenants (of security and safeguard enjoyed) by the Quraysh. Their covenants (covering) journeys by winter and summer. Let them adore the Lord of this House. Who provides them with food against hunger, and with security against fear (of danger)” (Qurayish: 1-5).21 Interpreting this chapter, Ibn ‘ÓshËr said that HÉshim ibn ‘Abd Manaf started the two distant trades in order to cope with a great problem of poverty faced by BanË MakhzËm. HÉshim had then divided the profits of the trades among the rich and poor, until the poor became rich.22 ImÉm al-BukhÉrÊ has recorded tradition narrated by AbË Mas’ud al-AnÎÉrÊ: "Whenever Allah's Apostle (s.a.w.) ordered us to give in charity, we used to go to the market and work as porters and get a Mudd (a special measure of grain) for the purpose. (Those were the days of poverty) and today some of us have one hundred thousand".23 From this tradition, it is clear that markets or bazaars, which are places where business is conducted, promise many vacancies, thereby providing the solution to the problem of unemployment and poverty. Business is essential in providing sufficient number of employment, offering a source of permitted (ÍalÉl) income.

21

Abdullah Yusuf Ali, The holy Qur’Én English translation, p790. Refer: Muhammad al-Thahir Ibn ‘AshËr, Al-TaÍrÊr wa al-TanwÊr, (Tunis: al-DÉr al-Tunisiyyah, 1984), vol. 30, p 558. 23 Al-BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ, Book 24, ×adÊth 497, http://www.quranexplorer.com/hadith/English/index.html 22

12


Sofiah Samsudin

2. Business as a Means of productivity and Competition Business encourages a society to be more productive and competitive. It is through business that entrepreneurs in society will try their best to market their goods. The sense of competition ultimately leads to high quality products, best services, and reasonable price of commodities.24 The Qur’Én encourages believers to be competitive hence productive: ِ ُ‫فَِإذَا ق‬ ِ َ‫ضي‬ ِ ‫ٱلْالَةُ فَٱنتَ ِش ُرواْ فِي ٱأل َْر‬ ‫ض ِل ٱللَّ ِه َوٱذْ ُك ُرواْ ٱللَّهَ َكثِيراً لَّعَلَّ ُك ْم تُ ْفلِ ُحو َن‬ َّ ‫ت‬ ْ َ‫ض َوٱبْ تَ غُواْ ِمن ف‬ “And when the Prayer is finished, then may ye disperse through the land, and seek of the Bounty of Allah, and celebrate the Praises of Allah often (and without stint): that ye may prosper.” (alJumu‘ah: 10). Interpreting this verse, al-RÉzÊ said that this verse refers to the permissibility to go back to the business that they had left before in order to perform Jumu‘ah prayer. According to al-ÖaÍÍÉk, this action is better than to wait in the mosque.25 al-QurÏubÊ said: “After you have finished the prayer, you should disperse through the land; go back to the business and your needs.”26 Allah encourages the believers to compete and to be eager towards righteousness: ِ ِ ‫ات أَيْن ما تَ ُكونُواْ يأ‬ ِ ‫ٱستَبِ ُقواْ ٱلْ َخيْ ر‬ ‫ْت بِ ُك ُم ٱللَّهُ َج ِميعاً إِ َّن ٱللَّهَ عَلَ َٰى ُك ِّل‬ ْ َ‫يها ف‬ َ ِّ‫َول ُك ٍّل ِو ْج َهةٌ ُه َو ُم َول‬ َ َ َ َ ‫َش ْي ٍء قَ ِد ٌير‬ “To each is a goal to which Allah turns him; then strive together (as in a race) towards all that is good. Wheresoever ye are, Allah will bring you together. For Allah Hath power over all things.” (al-Baqarah: 148).

24

Refer: Muhammad Ali Haji Hashim, Bisness Satu Cabang JihÉd, p 56. Refer: Al-RÉzÊ, Al-TafsÊr al-KabÊr, p 536. 26 Refer: Al-QurÏubÊ, al-JÉmi’ li AÍkÉm al-Qur’Én, p 536. 25

13


C) The Importance of Business towards the Ummah as a Whole 1. Business as a Way to Spread the Message of Islam. When a reasonable number of Muslims are engaged in businesses and their businesses are well-known, the message of Islam will automatically get across; all those transacting either directly or indirectly with those businesses will see the practical facets of Islam and get to know that the general perception about Islam is in conflict with the real one. If this can be achieved, it would be a great contribution for Muslims to establish businesses in the name of Islam.27 The Holy Qur’Én said: ِ ‫ين‬ َ َ‫َوَمآ أ َْر َسلْن‬ َ ‫اك إِالَّ َر ْح َمةً لِّل َْعالَم‬ “We sent thee not, but as a Mercy for all creatures” (AlAnbiyÉ’: 107). Al-ImÉm AbË al-Sa‘Ëd interpreted this verse by saying that Allah sent Prophet MuÍammad (s.a.w.) with everything needed for the happiness and prosperity of all living beings in this world and the Hereafter28. Believers, by implication, have to follow into the footprints of their Prophet (s.a.w.) and demonstrate the same prophetic quality, among others, in and through business, making it crystal clear to the world that Islam promotes peace and not terrorism as propagated by the media. JÉbir b. ‘Abd Allah reported that Allah's Apostle (s.a.w.) one day while walking through the bazaar he found a dead lamb with very short ears. He took hold of its ear and said: Who amongst you would like to have this for a dirham? The people said: We do not like to have it even for less than that, as it is of no use to us. He, then, said: Do you wish to have it (free of cost)? They said: By Allah, even if it were alive (we would not have liked to possess that), for there is a defect in it; its ears are very short. Thereupon Allah's Messenger (s.a.w.) said: By 27

Refer: Baila Ibrahim AÍmad al-‘Ulaima, al-‘InÉyah bi al-TijÉrah fÊ al-IqtiÎÉd alIslÉmÊ, vol. 1, p 135. 28 Refer: Abu al-Sa‘Ëd, IrshÉd al-‘Aql al-SalÊm, p 536.

14


Sofiah Samsudin

Allah, this world is more insignificant in the eyes of Allah than it (this dead lamb) is in your eyes”29. The markets and bazaars are places full of people where the messages of Islam can be circulated rapidly. Hence, the Muslims who practise the Islamic system of business can spread the message of Islam, which balances between material and spiritual dimensions of life, to a large number of people. To achieve that, the Muslim Ummah should begin this system in their business and consider business as an arena for the struggle in the way of Allah (jihÉd fÊ sabÊlillah). 2. Business as a Way to Strengthen the Economy of the Ummah. Muslims constitute true vicegerents of Allah on earth only when they perform their duties related to the development of both material as well as moral life. Business can be seen as a struggle for the cause of Allah in order to strengthen the economy of the Ummah. The biggest profit in business that the Ummah can gain is when profits reach the proper levels (nisÉb) and qualify for the almsgiving or Zakah, one of the pillars of Islam. Through the system of Zakah, the economy of the Ummah can be strengthened. Zakah also helps the poor, the needy and other acknowledged recipients (asnÉf al-zakah). Zakah is like a bridge of love and care that connects the rich with the poor and the needy, strengthening and uniting the Ummah as a whole30.The Qur’Én said: ِ َّ ‫الْالةِ َوإِيتَاء‬ ٌ ‫ِر َج‬ …‫الزَك ِاة‬ َّ ‫ارةٌ َوال بَ ْي ٌع َعن ِذ ْك ِر اللَّ ِه َوإِقَ ِام‬ َ ‫ال ّال تُلْ ِهي ِه ْم ت َج‬ “By men whom neither traffic nor merchandise can divert from the Remembrance of Allah nor from regular Prayer, nor from the practice of regular Charity…” (al-NËr: 37)31.

29

Malik, Muwaththa’, Book 31, ×adÊth 35.76, http://www.quranexplorer.com/hadith/English/index.html 30 Refer: Baila Ibrahim Ahmad al-‘Ulaima, al-‘InÉyah bÊ al-TijÉrah fÊ al-IqtiÎÉd alIslÉmÊ, vol. 1, p 120. 31 ‘ Abdullah Yusuf Al, The holy Qur’Én English translation, p 426.

15


Sayyid QuÏub interpreted this verse by stating, "They do business for getting income and wealth, but they do not overlook their duties towards the right of Allah in this busy situation; they pray, and they do not overlook their duties towards the right of human beings; they pay Zakah.”32 ImÉm al-BukhÉrÊ narrated that ImÉm Az-ZuhrÊ mentioned someone who endowed 1000 dinars in the path of Allah. He gave the sum to a boy, who was a trader, to invest it in business, and declared that the profit of the money would be given in charity to the poor and the relatives33. Through business, more sources of income are made available. More charities in the form of Zakah and Shadaqah can be given, and more endowments can be made, strengthening the economy of the Ummah over the course of time. Guideline for Successful Business in the light of Qur’Én and Sunnah A discussion on the guidelines for the successful conduct of business in the light of Qur’Én and Sunnah is very important in order to evidently prove that the best way in doing business is certainly through the guidelines that have been provided and facilitated by Allah the Almighty for humans through His revelation. It is without doubt that by following the Divine guidelines, Muslims will be successful, not only in business but in all aspects of their life in this world and the Hereafter. The secret behind the term ‘guidelines’ There are many scholars in Islam who have discussed the details on the ethics of business, good manners in conducting business, and conditions and legislations concerning business in Islam.

32

Refer: Sayyid QuÏb, FÊ ÚilÉl al-Qur’Én, p 536. Dr. Muhammad Muhsin Khan, SaÍÊÍ al-BukhÉrÊ Arabic English (Turkey: Hilal Yayinlari), Book of Wills and Testaments, Chapter giving animals; particularly horses & property & gold & silver as endowments, vol. 4, p 28. 33

16


Sofiah Samsudin

However, the scholars rarely used the term ‘guidelines’ when referring to these ethics, manners, conditions, and legislations. The term is used largely in many institutions to conduct any important acts where a guideline or a guide book is prepared to guide people, acting as a useful reference for necessary information on policies and procedures34. Besides that, the term itself draws attention of Muslims to follow it step by step while doing business. The term also gives more sense of significance and importance without ignoring any of these ethics, manners, conditions, and legislations discussed by the scholars. The Guideline for a Successful and Blessed Business Allah the Almighty has provided for man all he needs on the earth, on the one hand, and He has endowed human beings with the ability to use and improve the utilities created for them, on the other. Allah s.w.t. declares: “It is He Who hath created for you all things that are on earth.” (al-Baqarah: 29). By observing prayer, Zakah, fasting, pilgrimage, and other obligatory rituals in Islam, a Muslim businessman can strengthen his belief and his spiritual self, developing good manners and character. ImÉn, IslÉm and IÍsÉn in a Muslim businessman's life motivates him to do things at his best as he is always conscious of Allah. He may be a practical manifestation of a Prophetic tradition recorded in almost all Hadith collections: "IÍsÉn is to worship Allah as if you see Him, and if you cannot achieve this state of devotion then you must consider that He is watching you."35 A Muslim businessman must always strengthen his inner spiritual self by strengthening his ImÉn, and observing his spiritual obligations and manners according to what has been prescribed in 34

International Islamic University Malaysia, Guide for Postgraduate students (Kuala Lumpur: CPS, 2010), p 3. 35 Al-BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ, Book 1 Belief, Volume 2, ×adÊth 47, http://www.quranexplorer.com/hadith/English/index.html

17


Islam. Indeed, the belief in the oneness of Allah is the only definite guarantee for good practices in business such as trustworthiness, cleanliness, and justice, as this belief is based on fear of Allah and hope for His pleasure.36 This is because in the Islamic scheme of things, adherence to moral code and ethical behaviour is a part of ImÉn (faith) itself. TawÍÊd is the most important feature of faith. The first pillar of Islam is the proclamation of faith, where one denies the existence of other gods and firmly asserts that only Allah is worthy of worship. What differentiates a Muslim businessman from his other colleagues is his ‘aqÊdah (belief system)37. The guideline for a successful business can be put forth in two major categories: strengthening one's inner spiritual self and conducting business. First Part: The Guideline for a Muslim Businessman in Strengthening His Spiritual Self 1. Knowledge Muslim businessman must know that money is the trust from Allah, who is in reality the owner of all kinds of properties and wealth. As a vicegerent of Allah, he has the responsibility to manage the money properly. He must learn how to make transactions from Islamic angle. He should make himself aware of what constitutes unlawful in business dealings such as ribÉ. Umar ibn al-KhaÏÏÉb, the second Caliph of Islamic history, for example, had made sure that every businessman in his time knew the

36

Sayyid QuÏb, FÊ ÚilÉl al-Qur’Én, vol. 4, p 258. MuÍammad Adli Musa, Business Ethics in the Light of the Sunnah, a dissertation for the degree of Master (Gombak, IIUM 2007), p 93. 37

18


Sofiah Samsudin

regulations of buying and selling before entering the markets.38 The businessmen among the believers in the past always learned from each other about Islamic rules of business. AbË Al-Minhal 'Abd al-RahmÉn ibn MuÏ‘Êm narrated: A partner of mine sold some Dirhams on credit in the market. I said, "Glorified be Allah! Is this legal?" He replied, "Glorified be Allah! By Allah, when I sold them in the market, nobody objected to it." Then I asked al-BarÉ' ibn 'Ózib (about it) and he said, We used to make such a transaction when the Prophet came to Medina. So he said, 'There is no harm in it if it is done from hand to hand, but it is not allowed on credit.' Go to Zaid ibn al- Arqam and ask him about it, for he was the greatest trader of all of us." So I asked Zaid ibn al-Arqam. He said the same (as Al-Bara) did"39. In his book, ImÉm Ibn ×ajar explained the reason why alBara’ bin ‘Azib asked AbË Minhal to ask Zaid bin al-ArqÉm about the transaction. This is due to his status as the greatest trader, which shows the respect the Companions had for each other; he acknowledged that a great businessman must also have wide spectrum of knowledge, especially in the area of Islamic business and transactions 40. Unfortunately, students from Islamic studies discipline in universities are no focusing on Islamic business and transactions and they are the least interested in business41. This is indeed a great loss to the Muslim Ummah. If the students with Islamic background refuse to engage themselves in business, who can, then, we expect to fill the markets? The Holy Qur’Én and Sunnah have greatly emphasized on the importance of knowledge:

38

‘Abdullah Mushlih and Shalah al-Shawi, Ma la yasa’u al-TÉjir jahlahu, (Beirut: DÉr al-Muslim, 1st edn. 2005), p18. 39 Al-BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ, Book 5 Merits of the Helpers in Madinah (AnsÉr), Volume 58, ×adÊth 276, http://www.quranexplorer.com/hadith/English/index.html 40 Ibn ×ajar al-‘AsqalÉnÊ, FatÍ al-BÉÊi, vol. 7, p8. 41 Ibid., International Islamic University Malaysia. (2009). Tracer Study 2008 First Degree Graduates. p 161, 162.

19


“Say: "Are those equal, those who know and those who do not know? It is those who are endued with understanding that receive admonition.”(al-Zumar: 9). 42 “If ye realise this not, ask of those who possess the Message” (al-Nahl: 43). AbË DardÉ’ said: I heard the Apostle of Allah (s.a.w.) say: “If anyone travels on a road in search of knowledge, Allah will cause him to travel on the road leading to the Paradise. The angels will lower their wings happily towards one who seeks knowledge; the inhabitants of the heavens and the earth and the fish in the deep waters will ask for forgiveness for the learned man. The superiority of the learned man over the devout is like that of the full moon over the rest of the stars. The learned men are the heirs of the Prophets; and the Prophets leave neither dinÉr nor dirham but knowledge; and he who inherits it gets it in abundance.”43 2. Intention: Any act without the intention of seeking Allah’s pleasure is meaningless in this world and in the hereafter. Good intentions are important in order to turn an ordinary act into that of worship (‘ibÉdah).44 Allah s.w.t declares: “I have only created jinns and men, that they may serve Me” (al-DhÉriyÉt: 56). ‘Umar bin Al-KhaÏÏÉb reports: I heard Allah's Apostle say: "The reward of deeds depends upon intentions; and every person will get the reward according to what he has intended”45. ImÉm Ibn Hajar al-‘AsqalÉnÊ has quoted ImÉm al-QurÏubÊ’s view that the above 42

Sayyid QuÏb, FÊ ÚilÉl al-Qur’Én, vol. 6, p227. Abu Dawud, Sunan Abi Dawud, Book 25 Knowledge, ×adÊth 3634, http://www.quranexplorer.com/hadith/English/index.html 44 Ibrahim bin Muhammad, Adab al-Tajir wa Shuruth al-Tijarah, (Tonto, Dar alShahabah li al-Turath, 2nd edition, 1410H/1990), p28. 45 Al-BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ, Book 1, Volume 1 Revelation, ×adÊth 1, http://www.quranexplorer.com/hadith/English/index.html 43

20


Sofiah Samsudin

mentioned ×adÊth insists on the importance of sincere intentions in all actions46. A Muslim businessman must have good intentions such as protection of his own self from ÍarÉm or illegal things, abstinence from begging, consolidation of his ibÉdah, and succor to others47. However, any acts and deeds with good intentions will only be considered valid if these acts do not result in ignoring obligations such as prayers and zakah48. Therefore, a businessman with good intentions must not neglect his regular obligations such as the five daily prayers, Jumu‘ah prayer, and paying zakah. The Holy Qur’Én states: “By men whom neither traffic nor merchandise can divert from the Remembrance of Allah nor from regular Prayer, nor from the practice of regular Charity: their (only) fear is for the Day when hearts and eyes will be transformed (in a world wholly new). That Allah may reward them according to the best of their deeds, and add even more for them out of His Grace: for Allah doth provide for those whom He will, without measure.” (Al-NËr: 37-38). Ibn KathÊr while explaining this verse said that the men referred to in this verse are those who put the obedience to Allah’s commands as their first priority even at the cost of their own wants and desires49. 3. Good manners: Good manners and attitudes are very important in order to achieve true success in this world and the hereafter. The Holy Qur’Én and the Sunnah have clearly highlighted the importance of good manners, decency, and ethical standards, which were implemented successfully by businessmen among the Companions and the Successors50.

46

Ibn Hajar, al-‘Asqallani, Fath al-Bari, vol. 1, p2. Ibid., Abdullah Mushlih and Shalah al-Shawi, Ma la yasa’u al-Tajir jahlahu, p18. 48 Baila Ibrahim Ahmad al-‘Ulaima, al-‘Inayah bi al-Tijarah fi al-Iqtishad al-Islami, (Al-Qaherah: 1st edition, 2007), vol.2, p468. 49 Ibn KathÊr, TafsÊr al-Qur’Én al-‘Azhim, (Tonto, DÉr al-ØaÍÉbah lÊ al-TurÉth, 2nd edn. 1410H/1990), vol. 6, p 68. 50 ‘Abdullah ‘Alwi Haji Hassan, Sale s and Cntracts in early Islamic Commercial Law (New Delhi: Kitab Bhavan, 2nd edn. 2006), p 15. 47

21


a. A businessman must be honest and truthful. The Holy Qur’Én and Sunnah have emphasized on honesty and truthfulness: “Allah doth command you to render back your Trusts to those to whom they are due; and when ye judge between people that ye judge with justice: verily how excellent is the teaching which He giveth you! for Allah is He who heareth and seeth all things.” (al-NisÉ’: 58). ImÉm al-RÉzÊ said that Allah commanded the believers in the above verse to honestly perform all their actions in every matter, whether it concerns their religious duties or their worldly contracts and transactions51. “Allah will say: This is a day on which the truthful will profit from their truth: theirs are Gardens, with rivers flowing beneath their eternal home: Allah well-pleased with them and they with Allah: that is the great Salvation (the fulfillment of all desires).” (al-Ma’Êdah: 119). “O ye who believe! Fear Allah and be with those who are true (in word and deed)” (al-Tawbah: 119). ‘Abd Allah ibn Mas‘Ëd reported that the Prophet (s.a.w.) said: “Truthfulness leads to righteousness, and righteousness leads to Paradise; and a man keeps on telling the truth until he becomes a truthful person. Falsehood leads to al-FujËr (i.e. wickedness, evildoing), and al-FajËr (wickedness) leads to the (Hell) Fire; and a man may keep on telling lies till he is written before Allah as a liar”.52 AbË Hurairah reports that the Prophet (s.a.w.) said, "The signs of a hypocrite are three: (1) Whenever he speaks, he speaks a lie; (2)

51

Al-Razi, al-TafsÊr al-KabÊr vol. 5, p 243. Al-BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ, Book 8 Good manners and form (al-Adab), Vol. 73, ×adÊth 116, http://www.quranexplorer.com/hadith/English/index.html 52

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Sofiah Samsudin

whenever he promises, he breaks it; (3) If you trust him, he proves to be dishonest" 53. b. A businessman must be patient and careful The Qur’Én and the Sunnah have emphasized on patience and caution: “O ye who believe! Seek help with patient perseverance and prayer: for Allah is with those who patiently persevere” (al-Baqarah: 153). ImÉm al-RÉzÊ explained this verse by saying that the patience means to force the soul to bear undesirables in order to be obedient in performing acts of worship and avoiding evil acts 54. A businessperson must bear hardships whatsoever in order to maintain Islamic mode of business and avoid any non-Islamic acts such as usury, bribery, and monopoly. The Qur’Én says: “Be sure We shall test you with something of fear and hunger, some loss in goods, lives and the fruits (of your toil), but give glad tidings to those who patiently persevere.” (al-Baqarah: 155). Sayyid QuÏb explained that self-education through hardships such as war, hunger, depreciation of money and property value is very important for the believers in order to strengthen their souls by performing their obligations through hardships55. The same is applicable to a Muslim businessman; he must endure hardships in order to attain to blessed business and gain strength. The Prophet (s.a.w.) encouraged the believers to remain patient and self-sufficient. AbË Sa‘Êd al-KhudrÊ narrates: Some AnÎÉrÊ requested something from Allah's Apostle (s.a.w.) and he gave them. They again asked him for (something) and he again gave them. And then they asked him and he gave them again till all that was with him 53

Al-BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ, Book 1, Volume 2 Belief, ×adÊth 32, http://www.quranexplorer.com/hadith/English/index.html 54 Al-RÉzÊ, al-TafsÊr al-KabÊr, vol. 2, p. 441. 55 Sayyid QuÏb, FÊ ÚilÉl al-Qur’Én, vol. 1, p.116.

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finished. And then he said "If I had anything. I would not keep it away from you. Whoever abstains from asking others, Allah will make him contented; whoever tries to make his person self-sufficient, Allah will make him self-sufficient; and whoever remains patient, Allah will make him patient. Nobody can be given a blessing better and greater than patience.”56 Muslim businessmen have to be careful and try their best to avoid anything damaging to business and dangerous risks. Allah the Almighty reminded all the believers to always be careful: “O ye who believe! if a wicked person comes to you with any news, ascertain the truth, lest ye harm people unwittingly, and afterwards become full of repentance for what ye have done.” (alHujurÉt: 6). ImÉm al-RÉzÊ said that sËrah al-×ujurÉt taught the believers good manners towards Allah and His Messenger, and also among themselves. In any society, al-RÉzÊ maintains, there are two kinds of people, true believers and hypocrites; hence believers have to be careful in believing any news brought to them.57 The Prophet (s.a.w.) also reminded believers to be careful especially in suspicious and doubtful matters. Al-Nu'mÉn ibn BashÊr narrates that the Prophet (s.a.w.) said: "Both lawful and unlawful things are obvious, and in between them are (suspicious) doubtful matters. So whoever forsakes those doubtful things, he protects himself from committing sin; and whoever indulges in these (suspicious) doubtful things daringly is likely to commit what is clearly unlawful. Sins may be likened to Allah's meadow; whoever grazes (his sheep) near that is likely to enter it any moment."58 Ibn

56

Al-BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ, Book 2 Obligatory Charity Tax (ZakÉt), Volume 24, ×adÊth 548, http://www.quranexplorer.com/hadith/English/index.html 57 Al-RÉzÊ, al-TafsÊr al-KabÊr, vol. 14, p171. 58 Al-BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ, Book 3, Volume 34 Sales and Trade, ×adÊth 267, http://www.quranexplorer.com/hadith/English/index.html

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×ajar said that by avoiding the doubtful matters, a Muslim is protecting his faith and saving himself from sin59. c. A businessman must avoid selfishness and greed for the worldly life There are many verses from the Holy Qur’Én as well as traditions of the Prophet that warn the believers against being selfish and greedy for the worldly life. Allah the Almighty said: “while those who reject Allah will enjoy (this world) and eat as cattle eat; and the Fire will be their abode” (MuÍammad: 12). Interpreting this verse, ImÉm al-RÉzÊ said that the ultimate concern of non-believers is to fulfill their desires just like animals60. In contrast, a Muslim businessman must avoid the prohibited things in his business and choose only good things that are permissible in Islam. d. A businessman must be generous and modest. There are many statements in the Qur’Én and Sunnah that encourage the believers to be generous in the path of Allah: “The parable of those who spend their wealth in the way of Allah is that of a grain of corn: it groweth seven ears, and each ear hath a hundred grains. Allah giveth manifold increase to whom He pleaseth; and Allah careth for all and He knoweth all things. Those who spend their wealth in the cause of Allah and follow not up their gifts with reminders of their generosity or with injury,― for them their reward is with their Lord; on them shall be no fear, nor shall they grieve.” (al-Baqarah: 261-262). It must be remembered that the generosity is in order to achieve Allah’s pleasure, not to show off one’s status: “Those who spend their wealth in the cause of Allah and follow not up their gifts with reminders of their generosity or with injury,― for them their reward is with their Lord; on them shall be no fear, nor shall they grieve. Kind words and the covering of faults are better than 59 60

Ibn ×ajar al-‘AsqalÉnÊ, FatÍ al-BÉrÊ, Vol.7, p131 Al-RÉzÊ, al-TafsÊr al-KabÊr, vol. 14, p91.

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charity followed by injury. Allah is free of all wants, and He is Most Forbearing. O ye who believe! Cancel not your charity by reminders of your generosity or by injury― like those who spend their substance to be seen of men, but believe neither in Allah nor in the Last Day. They are in Parable like a hard, barren rock, on which is a little soil; on it falls heavy rain, which leaves it (just) a bare stone. They will be able to do nothing with aught they have earned. And Allah guideth not those who reject faith.” (al-Baqarah: 262-264). “O ye who believe! Give of the good things which ye have (honourably) earned, and of the fruits of the earth which We have produced for you, and do not even aim at getting anything which is bad in order, that out of it ye may give away something, when ye yourselves would not receive it except with closed eyes. And know that Allah is Free of all wants and Worthy of all praise. The Satan threatens you with poverty and bids you to conduct unseemly. Allah promiseth you His forgiveness and bounties and Allah careth for all and He knoweth all things.” (al-Baqarah: 267-268). Concerning these verses, Sayyid QuÏb explains that Islam has built an economic system on the basis of mutual aid and cooperation. This can be seen in the Zakah and Øadaqah (almsgiving and charity system). Islam has never built the economic system based on usury (ribÉ’), which has been cursed by Allah and His Prophet; Allah has prescribed regulations regarding debts and business in SËrah alBaqarah.61 The Prophet (s.a.w.) is the best example on generosity in paying back the debt. AbË Hurairah narrated: The Prophet (s.a.w.) owed someone a camel of a certain age. When he came to take it back, the Prophet (s.a.w.) said (to some people), "Give him (his due)." When the people searched for a camel of that age, they found none, but found a camel one year older. The Prophet said, "Give (it to) him." Upon that, the man remarked, "You have given me my right in full. May

61

Sayyid Quthb, FÊ ÚilÉl al-Qur’Én, vol. 1, p. 283.

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Sofiah Samsudin

Allah give you in full." The Prophet (s.a.w.), then, said: "The best amongst you is the one who pays the rights of others generously". Muslim businessman must depend on Allah s.w.t. (Tawakkul), be thankful (Shukr) and be pleased with his portion (RiÌa’). He must be afraid of Allah (Khawf and Khashyah), hoping for Allah’s pleasure (RaÌa’) and be pious (Taqwa). Second part: The guideline for a Muslim businessman in dealing and conducting business. The guideline for practices in business can be divided into two: obligations and prohibitions. A) Obligations: 1. Keep promises and contracts and choose only lawful business Sayyid QuÏb while interpreting the verse—“O ye who believe! fulfill (all) obligations…They ask thee what is lawful to them (as food): say: Lawful unto you are (all) things good and pure.” (al-MÉi’dah: 1 and 4)—says that Allah the Almighty has named the systems concerning lives and interactions as contracts, which He has ordered the believers to fulfill. The answer to what is lawful for the believers indicates that the good things will never be prohibited for the believers. The prohibited things in Islam are in fact only the bad things.62 There are many other evidences in the Qur’Én and Sunnah on what is permitted and prohibited for the believers, some are as follows: “Say: Who hath forbidden the beautiful (gifts) of Allah, which He hath produced for his servants, and the things clean and pure (which He hath provided) for sustenance? Say: They are in the life of this world, for those who believe, (and) purely for them on the Day of Judgment. Thus do We explain the signs in detail for those who understand. Say: The things that my Lord hath indeed forbidden are: shameful deeds, whether open or secret; sins and trespasses against

62

Ibid.,vol. 2, p. 307 and 319.

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truth or reason; assigning of partners to Allah, for which he hath given no authority; and saying things about Allah of which ye have no knowledge.” (al-A‘rÉf: 32-33). ÙarÊf AbÊ TamÊmah says: I saw ØafwÉn along with his friends who asked Jundub: "Did you hear anything from Allah's Apostle (s.a.w.)?" Jundab said: "I heard him saying, 'Whoever does a good deed in order to show off, Allah will expose his intentions on the Day of Resurrection (before the people); and whoever puts the people into difficulties, Allah will put him into difficulties on the Day of Resurrection.'" SafwÉn’s friends, then, said (to Jundab): "please, give us some admonition." Jundub said: "The first organ to purify is the stomach, so that one can eat nothing but good food (×alÉl); and one should try not to commit anything, including shedding blood unjustly, that can hamper his way to Paradise.”63 2. Be lenient and generous to the people while dealing in business The Qur’Én advises believers: “If the debtor is in a difficulty grant him time till it is easy for him to repay. But if ye remit if by way of charity, that is best for you if ye only knew.” (al-Baqarah: 280). Ibn KathÊr explains this verse by quoting many narrations regarding the reward in the hereafter for those who alleviate others’ burden in their debts, Allah will make his way easy to enter the Paradise64. One of the narrations as quoted by Ibn KathÊr is as follows: Hudhaifah reported: A servant from amongst the servants of Allah would be brought to Him whom Allah had endowed with riches. He (Allah) will say to him: What (did you do) in the world? (They cannot conceal anything from Allah) He (the person) will say: O my Lord, You endowed me with Your riches. I used to enter into transactions with people. It was my nature to be lenient to (my debtors). I showed leniency to the solvent and gave respite to the

63

Al-BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ, Book 9 Judgments (AÍkÉm), Volume 89, ×adÊth 266, http://www.quranexplorer.com/hadith/English/index.html 64 Ibn KathÊr, TafsÊr al-Qur’Én al’‘AÐÊm, vol.1, p. 718.

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Sofiah Samsudin

insolvent, whereupon Allah said: I have more right than you to be lenient to My servant.65. 3. Organize and record business justly and precisely Islam always asks the believers to do everything justly whether the interactions are among the believers or between them and the nonbelievers. Among the evidence from the Qur’Én and Sunnah concerning this are as follows: “O ye who believe! when ye deal with each other, in transactions involving future obligations in a fixed period of time, reduce them to writing. Let a scribe write: down faithfully as between the parties: let not the scribe refuse to write as Allah has taught him, so let him write. Let him who incurs the liability dictate, but let him fear Allah, his Lord Allah and not diminish aught of what he owes. If the party liable is mentally deficient, or weak, or unable himself to dictate, let his guardian dictate faithfully. And get two witnesses, out of your own men And if there are not two men, then a man and two women, such as ye choose, for witnesses, so that if one of them errs, the other can remind her. The witnesses should not refuse when they are called on (for evidence). Disdain not to reduce to writing (your contract) for a future period, whether it be small or big: it is juster in the sight of Allah, more suitable as evidence, and more convenient to prevent doubts among yourselves; but if it be a transaction which ye carry out on the spot among yourselves, there is no blame on you if ye reduce it not to writing. But take witnesses whenever ye make a commercial contract; and let neither scribe nor witness suffer harm. If ye do (such harm) it would be wickedness in you. So fear Allah; for it is Allah that teaches you. And Allah is well acquainted with all things.” (al-Baqarah: 282). Sayyid QuÏb said that the verse clarifies on the laws in business, where the importance of recording everything justly and

65

Muslim, ØaÍÊÍ Muslim, Book 10, http://www.quranexplorer.com/hadith/English/index.html

29

×adÊth

3791,


precisely is brought forward66. Logically, it is very clear that a business must be organized and recorded justly and precisely in order to ensure sustainable growth of the business. 4. Choose partners and workers who are capable and trustworthy The Qur’an says: 1) “And if one of you deposits a thing on trust, with another, let the trustee― (faithfully) discharge his trust and let him fear his Lord.” (Al-Baqarah: 283). 2) “Said one of the (damsels): "O my (dear) father! Engage him on wages: truly the best of men for thee to employ is the (man) who is strong and trusty.” (al-QaÎaÎ: 26). ‘IyÉÌ ibn ×imÉr reported: The Prophet (s.a.w.) said: He who finds something should call one or two trustworthy persons as witnesses, instead of concealing it; then if he finds its owner he should return it to him; it is actually Allah's property which He gives to whom He wills67. B) Prohibitions: 1. Interest (RibÉ) Islam has prohibited interest based monetary transaction and declared a war against those involved in such transactions. Economy that allows interest based transaction is certainly fraught with fraud, corruption, injustice, exploitation and lie. Allah s.w.t. said in the Holy Qur’Én: “Those who devour usury will not stand except as stands one whom the Evil One by his touch hath driven to madness. That is because they say: "Trade is like usury, but Allah hath permitted trade

66

Sayyid Qutb, FÊ ÚilÉl al-Qur’Én, vol.1, p316. Abu Dawud, Sunan Abi Dawud, Book 9 http://www.quranexplorer.com/hadith/English/index.html 67

30

Zakah, ×adÊth 1705,


Sofiah Samsudin

and forbidden usury. Those who after receiving direction from their Lord, desist, shall be pardoned for the past; their case is for Allah (to judge); but those who repeat (the offence) are companions of the Fire: they will abide therein (for ever). Allah will deprive usury of all blessing, but will give increase for deeds of charity: for He loveth not creatures ungrateful and wicked. Those who believe, and do deeds of righteousness, and establish regular prayers and regular charity, will have their reward with their Lord: on them shall be no fear nor shall they grieve. O ye who believe! fear Allah and give up what remains of your demand for usury, if ye are indeed believers. If ye do it not, take notice of war from Allah and His Messenger: but if ye repent ye shall have your capital sums; deal not unjustly and ye shall not be dealt with unjustly.” (al-Baqarah; 275-279). Abu Hurairah reports that the Prophet (s.a.w.) said: "Keep away from seven fatal sins." When the people enquired: "O Allah's Apostle! What are those sins?" He replied: "To associate partners with Allah, to practice sorcery, to kill someone unjustly, to devour RibÉ (usury), to embezzle in orphan's property, to flee from the battlefield at the time of fighting, and to accuse chaste and unsuspecting believing women of debauchery.”68 JÉbir reports that Allah's Messenger (s.a.w.) cursed all those involved in usury based transaction, the lender, the borrower, the accountant, and the two witnesses, declaring that they were all equal in terms of nature of the sin.69 Ibn 'Umar reports that the Prophet (s.a.w.) said: "The selling of wheat for wheat is RibÉ (usury) except that it is handed from hand to hand and in equal amount. Similarly the selling of barley for barley is RibÉ except that it is from hand to hand and in equal amount; and dates for

68

Al-BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ, Book 4 Wills and Testaments (Washaya), Volume 51, ×adÊth 28, http://www.quranexplorer.com/hadith/English/index.html 69 Muslim, ØaÍÊÍ Muslim, Book 10, ×adÊth 3881, http://www.quranexplorer.com/hadith/English/index.html

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dates is usury except that it is from hand to hand and in equal amount.”70 Samurah bin Jundub reports that the Prophet (s.a.w.) once said: "Tonight I dreamt that two men came and took me to a holy land wherefrom we proceeded further until we reached a river of blood in which someone was standing, and on its bank was standing another man with stones in his hands. The man in the middle of the river tried to come out, but the other threw a stone aiming at his face and forced him to go back to his original place. So, whenever he tried to come out, the other man would throw a stone onto his face and force him to go back to his former place. When I enquired as to who that man was, I was told: 'The person in the river was a Riba-devourer"71. 2. No lies and hiding defects The Qur’Én condemns in the harshest sense dishonesty in business transactions: “Woe to those that deal in fraud. Those who, when they have to receive by measure from men, exact full measure. But when they have to give by measure or weight to men, give less than due. Do they not think that they will be called to account? On a Mighty, Day, A Day when (all) mankind will stand before the Lord of the Worlds? Nay! Surely the Record of the Wicked is (preserved) in Sijjin. And what will explain to thee what Sijjin is? (There is) a Register (fully) inscribed. Woe, that Day, to those that deny. Those that deny the Day of Judgment. And none can deny it but the Transgressor beyond bounds the Sinner!” (al-MuÏaffifÊn: 1-12 ×akÊm ibn ×izÉm reports that Allah's Apostle (s.a.w.) said: "The seller and the buyer have the right to keep or return goods as long as they have not parted; and if both the parties spoke the truth and described the defects and qualities (of the goods), they would be blessed in their 70

Al-BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ, Book 3 Sales and Trade, Volume 34, ×adÊth 379, http://www.quranexplorer.com/hadith/English/index.html 71 Al-BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ, Book 3 Sales and Trade, Volume 34, ×adÊth 298, http://www.quranexplorer.com/hadith/English/index.html

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Sofiah Samsudin

transaction; and if they told lies or concealed defects of goods, the blessings of their transaction would be lost”.72 Samura bin Jundub reports that the Prophet (s.a.w.) said: "I saw (in a dream) that two men came to me, who informed me that the person whose cheek I saw being torn away (from the mouth to the ear) was a liar and used to tell lies and the people would report those lies on his authority till they spread them all over the world; so he would be punished like that till the Day of Resurrection.”73 3. No Wine and Gambling The Qur’Én advises believers to keep away from drinking wine and gambling as they are both very damaging for the life: “O ye who believe! Intoxicants and gambling, (dedication of) stones, and (divination by) arrows, are an abomination― of Satan's handiwork: eschew such (abomination), that ye may prosper. (90) Satan's plan is (but) to excite enmity and hatred between you, with intoxicants and gambling, and hinder you from the remembrance of Allah, and from prayer: will ye not then abstain?” (al-MÉ’dÊah: 9091). ImÉm al-QurÏubÊ said that when this verse was revealed; all the believers quickly left their wine drinking and gambling, part of their daily habits and customs, due to their strong faith and piety74. 4. Injustice The Qur’Én is very particular about justice in human transactions: “O ye who believe! Eat not up your property among yourselves in vanities….” (al-NisÉ’: 29)75.

72

Al-BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ, Book 3, Volume 34 Belief, ×adÊth 293, http://www.quranexplorer.com/hadith/English/index.html 73 Al-BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ, Book 8, Volume 73, ×adÊth 118, http://www.quranexplorer.com/hadith/English/index.html 74 Al-QurÏubÊ, al-JÉmiÑ lÊ AÍkÉm al-Qur’Én, (QÉhirah: Jami‘ah al-ImÉm MuÍammad ibn Sa‘dË al-IslÉmiyyah, 1st edn. 2007), vol. 1, p 1796. 75 Abdullah Yusuf Ali, The holy Qur’Én English translation, p106.

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Ibn KathÊr said that Allah s.w.t. has prohibited any transactions through transgression, usurpation, false testimony, lying in oath or through other unlawful means such as usury and gambling76. The Qur’Én narrates parable of a people in the past who were used to dishonest sealing and injustice in business transactions: “To the Madyan people (We sent) Shuayb, one of their own brethren: he said: "O my people! worship Allah: ye have no other gods but Him. And give not short measure or weight: I see you in prosperity, but I fear for you the Penalty of a Day that will compass (you) all round. "And O my people! Give just measure and weight, nor withhold from the people the things that are their due: commit not evil in the land with intent to do mischief. "That which is left you by Allah is best for you, if ye (but) believed! But I am not set over you to keep watch!" They said: "Oh Shuayb! does thy (religion of) prayer command thee that we leave off the worship which our fathers practiced or that we leave off doing what we like with our property? Truly, thou art the one that forbeareth with faults and is rightminded!" He said: "O my people! see ye whether I have a Clear (Sign) from my Lord, and He hath given me sustenance (pure and) good as from Himself? I wish not, in opposition to you, to do that which I forbid you to do. I only desire (your) betterment to the best of my power; and my success (in my task) can only come from Allah: in Him I trust and unto Him I look” (HËd: 84-88). Sayyid QuÏb says that there is another equally significant issue emphasized in the Prophet Shu’ayb’s preaching, besides the issue of TawhÊd: issue of honesty and justice in business transactions. Indeed, there is a strong connection between honesty and justice and belief in Allah. The people of Madyan opted for their own way; they conducted their business transactions unjustly merely because they hardly believed in Allah.77

76 77

Ibn KathÊr, TafsÊr al-Qur’Én al-‘AÐÊm, vol.2, p268. Sayyid Quthb, FÊ ÚilÉl al-Qur’Én, vol. 4, p258.

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Sofiah Samsudin

AbË Hurayrah reports that Allah's Apostle (s.a.w.) said, ‘Procrastination (delay) in repaying debts by a wealthy person is injustice.”78. Ibn ×ajar explained that the delay stated in the ×adÊth is the delay made without any valid reasons. A wealthy person is considered capable of paying the debt, but if he delays the payment, it is sheer injustice on his part.79 Any improper act in business, including this kind of delay, is considered in Islam as an act of injustice. The Prophet (s.a.w.) prohibited any act of injustice, including injustice towards the businessperson. Anas ibn MÉlik reports that the people said: O Apostle of Allah! Prices of goods have increased, so please fix prices for us. Thereupon the Apostle of Allah (s.a.w.) said: Allah is the One who fixes prices, withholds, gives in abundance and provides; and I hope that when I meet Allah, none of you will have any claim on me for an injustice regarding blood or property.80 A ruler should not be unjust to both sellers and buyers. Fixing prices of goods is considered an act of injustice to sellers. Majority of Muslim scholars are of the view that if the ruler finds it reasonable for seller and buyer to fix the price of goods, he is allowed to do.81 Conclusion The importance of business has been stated by the Holy Qur’Én from a few aspects. There is the specific use of the word “tijÉrah” as a permissible profession in the Holy Qur’Én, where it is repeatedly mentioned. The word “tijÉrah” is also used to remind human beings of their spiritual and metaphysical interactions with Allah the Almighty. The word “faÌl” is also used to describe business, which means ‘a gift and a reward of this world and afterworld’. The guidelines for a successful business have been explained in this paper in two major parts: strengthening one's inner spiritual self and conducting business.

78

Al-BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ, Book 3, Volume 21, ×adÊth 585, http://www.quranexplorer.com/hadith/English/index.html 79 Ibn Hajar al-‘Asqallani, Fath al-Bari, Vol.7, p131 80 AbË Dawud, Sunan AbÊ Dawud, Book 23 Wages (KitÉb al-IjÉrah), ×adÊth 3444, http://www.quranexplorer.com/hadith/English/index.html 81 Shams al-×aq al-‘AzÊm AbadÊ, ‘Aun al-Ma‘bËd, vol. 7, p440.

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Knowledge, intention and good manners are very vital in developing a strong and respectable personality, while obeying the obligations and prohibitions in Islamic business is a main factor for a blessed business. Therefore, it is truly crucial for a Muslim businessman to follow the Islamic way of conducting business in order to achieve success in this world and the Hereafter. For instance, Tan Sri Syed Mokhtar Syah Syed Nor al-BukhÉrÊ, considered as the modern role model for a Muslim Millionaire, is not only among the richest Bumiputra corporate figure in Malaysia, with involvement in many diversified business areas, but he has also established the Al-BukhÉrÊ foundation, which has contributed almost RM1 billion to charity82. Indeed, it is undeniable that the guideline in the light of Qur’Én and Sunnah will bring true success in this world and the Hereafter.

82

Salawati Haris, Syed Mokhtar model jutawan Muslim (Milenia Muslim, MMP communications, Julai 2010, bil. 95), p.10-11.

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Hermeneutics of Qur’anic Exegesis Critical Evaluation of Some Muslim Writers’ Views Sohirin Mohammad Solihin* Abstract Hermeneutics was originally to interpret the Bible with a view to coming up with original message of God. Today, this method is applied by some liberal Muslim writers to interpret the Qur’Én. Regardless of its propriety and efficacy, Fazlurrahman, Arkoun, AbË Zayd and others insist on the application of hermeneutics to the Qur’Én so as to reinterpret the Qur’anic stipulations. This approach has several pitfalls. It is quite timely to review and evaluate new hermeneutics of the Qur’anic interpretation. This paper is devoted to this concern. Keywords: Hermeneutics, the Qur’Én, Fazlurrahman, Arkoun, Zaid Introduction The Qur’Én was interpreted and is still being interpreted by Muslim scholars. Interpretation of the Qur’Én has a very interesting history spreading over almost fifteen centuries. Various methods and approaches were used in that exercise. These methods are at variance with each other due to various objectives of Qur’anic interpretation. Among new methods developed in the modern times one is what is called hermeneutics. It was applied originally to interpret Biblical text with a view to coming up with different message. Orientalists like Kenneth Cragg, and their Muslim counterparts like Fazlurrahman, Arkoun, and AbË Zayd have tried to apply hermeneutics to interpret the Qur’an. Whether this method is appropriate to the interpretation of *

Associate Professor, Department of Qur’Én and Sunnah Studies, IRKHS, International Islamic University Malaysia.

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the Qur’an is a pressing issue today. This article is devoted to address it. A Brief History of Hermeneutics Some claim that hermeneutics is basically a Greek word, which signifies analysis of religious messages; and it is generally applied to areas where traditions, religious texts, legal precedents are considered important in people's life. Some others regard that the word is derived from hermeneuin, which means translation and interpretation of religious text. Certain scholars connect the derivation of the word with the name of Greek figure Hermes, the reputed messenger and interpreter of the gods. The usage has restricted the meaning of hermeneutics to the science of Biblical exegesis, that is, to the collection of rules which govern the right interpretation of Sacred Scripture. In view of this, exegesis of a sacred text is related to hermeneutics, as language is to grammar, or as reasoning is to logic. Early Christian writers explained Sacred Scripture without relying on any formal principles.83 Interpretation of the Bible is also claimed to have been based on traditions. However, it is not clear what sort of traditions have been employed to serve Biblical exegesis. Some scholars of religion have tried to apply the concept of hermeneutics to Islam, which, in turn, does not require the rules developed by Muslim theologians. Interpretation of the Qur’Én is known as tafsÊr; it can in no way be equated with Biblical hermeneutics. TafsÊr is based on well-defined rules and principles carefully laid down by Islamic scholars, whereas hermeneutics is nothing but independent interpretation of Christian and Jewish Scriptures guided by so called western intellectualism. The mid-twentieth century witnessed philosophical hermeneutics enriched by development of phenomenology. One can see three European giants of the hermeneutic tradition: Martin

83

http://www.newadvent.org/cathen/0727/a.htm.

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Hermeneutics of Qur’anic Exegesis

Sohirin Mohammad Solihin

Heidegger, Hans Georg Gadamer, and Paul Ricoeur. Enriched by Husserlian phenomenology, hermeneutics in the views of three thinkers becomes ontological. And, insofar as there can be a hermeneutic ontology there can be a methodological generalization which reaches beyond any historical or humanistic trajectory. Ontology precedes epistemology and this, itself, is already to overturn the claims of modernist epistemology. There remain, however, epistemological implications of a hermeneutic ontology. Not only can one note the muting or virtual disappearance of a strong understanding distinction in the operative theory of these three hermeneutists, but the phenomenologically enriched epistemologies of late modern hermeneutics shows how, in principle, scientific knowledge as well as cultural knowledge must be derived from (human) ontology. In Heidegger this becomes the derivation of the objects of science from the pratical knowledge of pragmatic or tools. In effect this was to argue that scientific knowledge was derivative from practical knowledge. Gadamer and Ricoeur are somewhat more indirect in ontological claims than the former philosophers. Hermeneutical Methods The authors with the tool of hermeneutics coined an epithet "deconstruction" which is mainly related to "destructive criticism". In post modernism deconstruction is usually applied to set out a bias in the literature alongside with criticism. But deconstruction in its original sense is not a criticism at all, it is simply a theory about how traditions evolve, namely via the accumulation of constructions, along with a methodology for ferreting out constructions that have, for some other reason been deemed to be undesired. To continue our reflexive deconstruction, and thereby learn some more about its method and use, Heidegger was in turn inspired by earlier hermeneutics, in particular the Reformation Biblical translators like Luther who, were trying to deconstruct the Catholic Church's interpretations to get back to the supposedly inspired original text. Modern scholars have deconstructed further and found that there was no "original" text but an evolution of 39


texts from the Essences, the Dead Sea Scrolls, St. Paul, and then (finally) the Gospels.84 Hermeneutics is a mere accomplishment of the Biblical exegetes; its knowledge is not significant for the Bible student. It is true that in the early Christian era the science of exegesis was not developed; but it must be remembered that the so-called sacred languages were the vernacular tongues of the Syrian and Greek writers, who were familiar with what are to us Biblical antiquities, and who were also imbued with the early oral traditions containing the true explanation of many difficult passages of Sacred Scripture. As soon as these natural aids of the Christian Biblical interpretation began to wane, the principles of hermeneutics began to develop. Anyone acquainted with the variety of opinions concerning the meaning of some of the most important passages of the Bible may wonder at the suggestion of explaining Scripture without the aid of hermeneutics. None can make this claim that the variety of exegetical results on the part of writers well-versed in the principles of scientific interpretation shows the uselessness of hermeneutics in the explanation of Sacred Scripture. No scientific principles have ever done away with all disagreement of scientists in any branch of knowledge. But in the case of Scripture hermeneutics has diminished several opinions of interpreters simply on the ground that the views of Biblical interpreters are not supported by any solid scientific principle.85 Objectives and Principles of Hermeneutics The main objective of hermeneutics is to explain a text on the basis of author’s own understanding. Biblical hermeneutics refers to complex set of rules for expressing true sense of the inspired writer.

84

http://zsabo.best.vwh.net/hermenuetics/html# For the details see: Paul Ricoeur, Hermeneutics and the Human Sciences, Edited and Translated by John B. Thompson (Cambridge: Cambridge University Press, 1994), pp.63-71. 85

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Thus the discovery and presentation of the genuine sense of Sacred Scripture may be said to be its formal objective. Since the more special hermeneutical laws do not contradict the more general laws, but only determine them more accurately in order to adapt them to the particular writings which they are to explain, it ought to be possible to determine the first and highest principle or law of hermeneutics, from which all the special exegetical rules are derived. Such first principles exist in other sciences, too; in logic, for instance, and in ethics, we have the Aristotle’s principle of noncontradiction and the Golden Rule respectively. Returning to hermeneutics, thought must be derived from language according to the same law which regulates the expression. In this respect language in general does not differ from a cipher message which must be read according to the code in which it was written. A writer commonly uses the code of his day and of his own peculiar circumstances. He employs language in accordance with its peculiar usages and its rules of grammar; expression of his thoughts and his words reflect his mental as well as his physical and social conditions. If the interpreter wishes to fully understand the writer, he must be guided by these quasi-criteria of the author's meaning: his language, his train of thought or the context, and his psychological and historical condition at the time of writing. Hence flows the first and highest principle of hermeneutics: Find the sense of a book by way of its language (grammatically and philologically), by way of the rules of logic (from the context), and by way of the writer's mental and external condition. Expressing the same truth negatively, we may say that any meaning of a passage which does not agree with its grammar, its context, and the internal and external conditions of its author, cannot be the true sense of the writer. In the case of Scripture, the fact of its inspiration and of its authentic interpretation by the Church must be added to the three common criteria of interpretation; hence any meaning not in keeping with Scriptural grammar, context, or the concrete conditions of the Biblical writers, or not in harmony with the fact that inspiration and the spirit of the Church's interpretation, cannot be the true sense of Scripture. 41


Biblical Hermeneutics The rules of hermeneutics, thus circumscribed, may be either of universal or particular application, that is, they may be valid for the right explanation of any book or writing, or they may be adapted for a particular class of books, e. g., Sacred Scripture or canon law. Biblical hermeneutics belongs to this second class, not because the universal rules of exegesis are inapplicable to the Sacred Books, but because the sacred character of the Bible demands additional rules of interpretation, which are not applicable to profane writings. Biblical hermeneutics mainly relates to the problem of how one has to understand the Holy Scripture. By definition, this is a theological act, i.e part of the discourse of a faith-community. This does not mean that it is of no relevance to those who do not consider themselves to be part of that community, but rather it is an issue that arises out of the particular needs of that community. Biblical hermeneutics was usually seen as a form of special hermeneutics (like legal hermeneutics): the status of the Holy Scripture was thought to necessitate a particular form of understanding and interpretation. Since the days of Schleiermacher, however, it has become increasingly common, at least in academia, to read Scripture 'just like any other book', though precisely what that might mean is by no means without dispute! Schleiermacher argued against a distinction between 'general' and 'special' hermeneutics; and for the general theory of hermeneutics he considered applicable to all texts, including the Bible. Since Schleiermacher's days, the concept of hermeneutics has acquired at least two different meanings, both of which are in use today: firstly, in the older sense, Biblical hermeneutics may be understood as the theological principles of exegesis; in fact, it is often virtually synonymous with principles of Biblical interpretation or methodology of Biblical exegesis. Secondly, the more recent development is to understand the term Biblical hermeneutics as the broader philosophy, linguistics, etc. underpinnings of interpretation. The rationale of this approach is that while Scripture is more than just an ordinary text, it is in the first instance text, which human beings try to understand; in this sense, the principles of understanding any text 42



apply to the Bible as well (regardless of whatever other specificallytheological principles one might want to consider in addition to that).86 All aspects of philosophical, linguistic principles for hermeneutics are considered applicable to the Biblical texts as well. There are obvious examples of this in the links between 20th century philosophy and Christian theology: for examnple, Rudolf Bultmann's hermeneutical approach was strongly influenced by existentialism, and in particular by the philosophy of Martin Heidegger; and since the 1970s, the philosophical hermeneutics of Hans-Georg Gadamer have had a wide-ranging influence on Biblical hermeneutics as developed by a wide range of Christian theologians. Theological Liberation In the history of Judeo-Christian tradition, the theology was seen by their leaders as something stagnant, irrational, which could not give satisfactory answers to the contemporary issues. Many theologians came out with different theories in their approaches toward the textual religion to suit with public demand in the light of new changing realities although they never reached unanimous agreement. In the eleventh century, Saint Anselm used the deductive approach to give interpretation of Scriptures on the basis of rationalism. 87 This can be considered as the new phase of the beginning of rationalization in giving the interpretation of the Bible. Even long before that already emerged the opposition to interpret the holy Scripture merely on the basis of rationalism in which, according to Tertulian, a Church father at 2nd century and Kierkegaard, Danish Philosopher of the 19th century, vehemently denied the interpretation based on logical approach, which they regarded as detrimental to the essence of the message.

86

http://en.wikipedia.org/wiki/Biblical_Hermeneutics# In his theological concept, Proslogion and Cur Deus Homo, Anselm argues that the doctrine of incarnation and atonement can be deduced by logical necessity. 87

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During the period of Reformation and post-Reformation Protestant theology, the Church witnessed significant changes with regard to the interpretation of the Bible combining the textual explanation with logical exercises. The term hermeneutics as a new way of interpreting the Bible was firstly introduced on the assumption that it should be something innovative instead of just the textual exposition from an ancient to a modern context. Even a transposition intended to reproduce the exact meaning of the original text may result in substantial changes. In the light of the above concept, twentieth-century German theologian Rudolf Bultmann advocated a method of demythologizing on the assumption that the essential meaning of the New Testament is an understanding of human existence that must be disengaged from the mythological language current at the time when the New Testament was written. Formally similar to the biblically based theologies of Protestant writers are those of Roman Catholic writers who have tried to develop theologies based on the dogmatic pronouncements of the church. This was done somewhat naively in the older handbooks, but it is now recognized that hermeneutical questions are as relevant to dogma as they are to scripture, and that even the most venerated dogmas periodically need reinterpretation and may lead to new insights. Theologians who are reluctant to begin with an appeal to authoritative texts, whether biblical or dogmatic, begin the task from the opposite end, analyzing human experience and its problems, and then asking how traditional wisdom might illuminate or resolve these problems. Twentieth-century German theologian Paul Tillich has used the expression “method of correlation” to describe this procedure in theology. He and others have made much use of phenomenology in their analysis of human experience. The principal types of theological method are obviously capable of being combined in different ways. Every major theologian has a method that is unique in detail, but that nonetheless involves many procedures similar to those of other theologians. It is also important to notice that many of the methods of 44



theology are the same as those employed by historians, students of language and literature, philosophers, and others. Muslims’ Internalization Fazlurrahman is one of the Muslim scholars who eulogize the concept of hermeneutics to give interpretation to the texts of the Qur’Én. He regards that the system of education in the Muslim world has failed to produce scholars who could give interpretation to the Qur’Én on the basis of situational changes. While emphasizing on the importance of hermeneutics he declares that most of the Muslim scholars view the law of the Qur’Én from literal angle ignoring the reality that the revelations came down to the Prophet Muhammad (s.a.w.) to address different social issues. To deduce the Qur’Énic law, he holds, rationalists during the medieval period somehow reached a certain level of maturity and goodness of interpretation of the Qur’Én based on situational context. In his view, the law as contained in the Qur’Én is not necessarily to be taken in literal way, as it does not reflect pietistic indoctrination; it is rather mostly linked with moral improvement of individual in a concrete and communal sense. 88 He said that Muslim scholars especially in the field of exegesis should regard the textual revelation as raw materials which, according to him, initially stemmed from the law which prevailed in Arabia before the arrival of Islam. He gave the example of early generation of Muslim scholars especially during the medieval period in giving the interpretation of the Qur’Én from the customs of the conquered land and later modified them in the light of the Qur’Énic teaching.89 In a more vivid way, Rahman describes the nature of hermeneutics: But the method of Qur’Énic hermeneutics I am talking about is concerned with an understanding of its message that will enable those who have faith in it and want to live by its guidance – in both their 88

Fazlur Rahman, Islam and Modernity: Transformation of an Intellectual Tradition (Chicago: The University of Chicago Press, 19982), p.2. 89 Ibid.

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individual and collectives lives – to do so coherently and meaningfully. In this purely cognitive effort both Muslims and, in certain areas, nonMuslims can share, provided the latter have the necessarily sympathy and sincerity; but faith which provides the motivation necessary to live by it, is of course characteristic only of those who are genuine Muslims. I do not deny that faith may be born out of this cognitive effort itself or that, more patently, faith may and ought to lead to such a cognitive effort, but the point is that pure cognition and emotive faith can be practically separated.90 In his criticism to the way how Muslim scholars interpret the religious text he considers that the arrival of revelation was in response to moral-social situation through the prophet’s (s.a.w.) mind particularly to the problems of the commercial Meccan society of his day.91 Rahman regards the social problems in Arabia at the advent of Islam as burden which could crack down the back of the Prophet (s.a.w.). He claims that the Prophet (s.a.w.) was granted the Qur’Én ensuring to relieve him.92 He suggests that the Qur’anic verses should be interpreted in the light of social conditions of Arabia as the main cause of the arrival of the textual guidance. According to him, the problem of Arabia was mainly related with polytheism, exploitation of the poor, as well as malpractices in trade; the problem was solved with the arrival of the Prophet (s.a.w.) who taught the divine guidance; and because of that majority of Arabs converted to Islam.93 The needs for adopting the hermeneutical method in giving interpretation to the Qur’Én is, among other things, that due to the fact that many scholars have written and even laid down what so called uÎËl al-tafÉsÊr. He does not negate the great contribution of Muslim scholars in serving the Qur’Én but nevertheless there is dire needs for 90

Ibid Ibid., p.5. 92 Qur’Én, 94:1-3. The translation of those three verses says, ‘ Have We not expanded thee thy breast? And removed from thee thy burden. The which gall thy back?’ 93 For details see YËsuf ÑAlÊ, The Holy Qur’Én: English translation of the Meanings and Commentary (Madinah: King Fahd Holy Qur’Én Printing Complex, 2002), p.1974. 91

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hermeneutical theory that will help in understanding the meaning of the Qur’Én as a whole.94 He is of the view that the activities of the Prophet throughout the passage of live is to actualize the message of the Qur’Én. In view of this, to understand the Qur’Én through the activity of the Prophets once should take into account the historical background of the Arabs, customs, and general way of lives could be considered as master key to reveal the hidden message of the Qur’Én. To shed more lights on the proposed hermeneutical methods, his statements says, The customs, institutions and the general way of life of the Arabs therefore becomes essential for understanding the activity of the Prophet. In particular, the situation in Makkah immediately before Islam calls for a deep understanding. An attempt must be made not only to understand the pre-Islamic Arab religion but as we have said also their social institutions economic life and the political relationships. The prominent role of the Qureish, the powerful tribe to which the Prophet himself belonged, and its religio-economic ascendancy among the Arabs, must be understood. Without understanding these matters it is a hopeless task to try to understand the message of the Qur’Én as a whole.95 It seems his views on the global message of the Qur’Én differ from the rest of Muslim scholars. According to him, the globalization of the divine message is to interpret the Qur’Én based on rationalization, not necessarily sticking to the formal legal aspect as stated in the text. Its law can be adjusted with other man made law provided that it guarantees justice. He regards that the Qur’Én is like the tip of an iceberg, of which only nine-tenth is visible. An example of his hermeneutical approach towards the Qur’Énic text is related to the law of zakÉh. According to him, the interpretation on ÉyÉt al-zakÉh should, on the first part, be linked with God’s direction to the use of wealth and its social impact on the community. He suggests that the idea behind the rationale of such religious norms is not to let the 94 95

See Fazlur Rahman, Interpreting the Qur’Én. In Afkar Inquiry, May, 1996, p.45. Fazlurrahman, op. cit., p. 46.

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wealth circulated among the rich in the society (Q, 59:7); the purpose of zakÉh is to maintain the justice and the poor should be given the benefit from the economic distribution through the process of industry and economic development. He criticizes Muslim jurists in which, according to him, never bother on the establishment of an institution with similar purpose to eradicate the poverty rather it revolves on fostering the obligatory paying zakÉh on the individuals.96 He says that eradication of poverty and maintaining justice to give benefit to others is not necessarily dependent on application of the formal concept of zakÉh; it can be replaced by another system to govern the income distribution. He regards that zakÉh is only one of the ways and it is imperative for Muslims to formulate other legislation besides zakÉh which would put the economic life of Muslim society on a truly Islamic basis. Here Rahman left the idea in vague without articulation what he means by other legislation besides zakÉh. It could be assumed by others the establishment of other administrative aspect in the hand of the government such as obligation of taxes which, perhaps, he considers it as actualization of zakÉh in non-formalistic way. Another example speaks volumes of his view on socioconditional interpretation of gradual stages of prohibition to drink alcohol. The verse on wine-prohibition, he maintains, cannot be interpreted as it appears in the text; even Muslim scholars are with different stands with regard to its interpretation. He suggests that the Qur’Én views alcohol among the blessings of God along with milk and honey.97 Even Muslims, he argues, during the Madinan period drank alcohol and a group of people including ÑUmar b. KhattÉb wished the Qur’Én to declare prohibition on wine; and the Prophet (s.a.w.) received revelation in response to Muslims’ concern about wine: These people keep asking about alcohol and games of chances; tell them that there is a great deal of harm in them but there are also

96 97

Ibid. SËrah al-NaÍl: 16:66-69.

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certain profits for people in them; but their harm (or sin) outweighs their benefits.98 According to Rahman, at one time the anÎÉrs hosted a party where some people consumed alcohol to the extent that some of them became intoxicated; when one of them led prayer he misread the Qur’Én; and the incident was reported to the Prophet (s.a.w.) who soon received a revelation: Do not approach prayers when you are under the influence of alcohol so that you should know what you are sayings.99 Rahman cites another historical event leading to revelation of 5:90. There was a party hosted by some anÎÉr where alcohol was served; intoxication caused brawl among them; some people even quoted pre-Islamic poetry against each other, which resulted in physical assault. It is reported that SaÑd b. AbÊ WaqqÉs had his nose broken. When this was reported to the Prophet (s.a.w.), the verse 5:90 came down: Alcohol, games of chance, diving by arrows and idol-altars are an abomination and work of the devil. The devil wants to sow discord and rancor among you and that you should become oblivious of your duty of praying to God. Therefore desist from alcohol. So that they might attain to a happy state. Muslim scholars especially in the field of jurisprudence have different perceptions with regard to these verses (2:219; 4:43; 5:90). Some of them view that the first one (2:219) still remains valid. Others consider these verses gradual process of prohibition of drinking alcohol among the Arabs. Rahman holds that these verses which outwardly look contradictory need to be supported with historical evidence in which, according to him, during the Makkan period there was hardly any Muslim community; and those who converted to Islam were small in number who continued their habit of drinking wine even

98 99

SËrah al-Baqarah: 2:219. SËrah al-NisÉ´: 4:43.

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after conversion of prominent members of the community such as ÑUmar b. KhattÉb and Hamza. According to him, the situation did not cause any problem as they did not yet emerge as a distinct community; when they moved to Madinah, they formed a community; and drinking alcohol was regarded as harmful for communal life. He disagrees with the exegetical theory of abrogation of these revelations. His opinion with regard to the use of hermeneutical approach is concluded with this statement: The net conclusion, so far as our present case is concerned, is of course that when human beings become a society, alcohol becomes harmful in a way that its consumption cannot be allowed.100 Socio-conditional aspect, he says, has initial similarity with the concept of qiyÉs (analogical reasoning) hence Muslim legists need to broaden their concept of qiyÉs in order to be in consonance with the realities. Rahman’s views as mentioned above regard that prohibition of alcohol is not really absolute but it is based on environmental condition. Does it mean that if there is hardly any Muslim community at a particular time and space like the one founded in Madinah, alcohol can be consumed by Muslims? Considering hermeneutical approaches similar to qiyÉs as laid down by Muslim jurists is too much to be proved valid. Mohammad Arkoun regards hermeneutics as necessary to interpret Islamic textual revelations. He uses similar approaches as employed by Rahman. He refers to three main conditional aspects: alwaÍy (revelation), al-tÉrÊkh (history), al-haqÊqah (reality). He vehemently criticizes approach of those who take the Qur’Énic texts in their literal sense, ignoring environmental conditions that played the dominant role in revelations. He uses another theory of hermeneutics for which he mostly relies on Orientalists’ writings. Arkoun criticizes tradition of Muslims to begin their reading of the Qur’Én with the phrase: qÉla Allah taÑÉlÉ (Allah says) and to end with another 100

Fazlurrahman, op. cit., p. 46.

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assertion: ‘sadaqa Allah al-ÑaÐÊm’ (Allah the great uttered truth). This practice, according to him, conveys the message that the Qur’Én has been tightly closed for new interpretations.101 Those who seem to be in love with hermeneutics have arrived at the conclusion that the message of Islam was revealed in Arabia and needs to be revised to adjust it in the changing situation. This is in total conflict with main principles of Islamic faith. Advocates of hermeneutics seem to suggest that the Qur’anic revelations do not correspond with the changing reality. NaÎr ×Émid AbË Zayd regards historical context as prerequisite to interpret the message of the Qur’Én. He views that Islamic religious text manifests the socio-historical context hence interpretation of the Qur’Én should be done in the light of history. Although he did not give the details and examples of the historical approach to the Qur’Énic texts, we can assume that his idea revolves around the attitude of Muslims who mostly regard the textual message of the Qur’Én as simply dogmatic. Most of Muslim scholars, he holds, treat the Qur’Én with philological approach instead of socio-historical analysis. He laments further that only a small group of scholars accept the dictum that the Qur’Én was created (al-khalq); and that it does not bear the characters of eternality. He argues that if Muslims believe that the Qur’Én was revealed in certain historical context, its law should be understood in the light of environmental changes.102 Hermeneutical approaches are closely related to the assumption that religious messages as contained in the text may not be suitable to be observed in the present situation. This is in fact, the approach of non-Muslim scholars who initiated hermeneutic method in the Qur’Énic studies. The goal of hermeneutics is to ensure that the laws of

101

Arkoun, Muhammad, ‘Al-Qur’Én: Min al-TafsÊr al-MawrËth ilÉ taÍlÊl al-KhiÏÉb al-DÊnÊ (BeirËt: DÉr al-ÙalÊÑah, 2001), pp.17. 102 Zayd, NaÎhr ×Émid AbË, Al-Qur’Én, Hermeneutics, dan Kekuasaan: Kontroversi dan Penggugatan Hermeneutik Al-Qur’É, (Bandung: Research for Qur’Énic Studies, 2003), pp.92-93.

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the SharÊÑah comply with the modern society hence need to be revised and amended. Moreover, the main concern of hermeneutists is to ensure the elements of human authorship in the Holy Book.103 This can be seen in the views of Kenneth Cragg who urges Muslim to re-think about the concept of waÍy to abrogate the Madinan verses (with their political and legal emphasis) in favor of Makkan sËrahs which are more concerned about the concept of monotheistic belief implying that political Islam deserves no shelter in the midst of growing democratic concern. (ÑAÐamÊ, 2003). ×assan HanafÊ views that hermeneutics is not just to reveal the hidden meaning of the Qur’Én but it is rather to expose the reality of the message so as to let it comply with the human socio-environmental condition.104 Conclusion It has become obvious from the above exposition that hermeneutics is basically aimed at creating doubt about the Qur’Én. Most the exponents of hermeneutics such Kenneth Cragg, Fazlurrahman, NaÎr ×Émid AbË Zayd, and Mohammad Arkoun are very critical of certain aspects of Qur’Énic discourse which, they claim, addressed particular environment and different socio-economic and political conditions. This approach contradicts with the purpose of revelation as source of guidance. In view of this, hermeneutics is totally incongruent to the system of Qur’anic interpretation.

103

See: Peter Ford, ‘The Qur’Én as a Sacred Scripture’, Muslim World, Vol.lxxxiii, no.2, April 1993, p.156, quoted by MuÎÏafÉ al-ÑAÐamÊ, the Qur’an: from Revelation to Compilation (Leicester: U.K Islamic Academy, 2003), p.318. 104 See Syamsuddin, Sahiron, Hermanutika al-Qur’an Mazhab Yogya (Yogyakarta: Prostudia Islamica, 2003), pp.60-61.

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References: Arkoun, Muhammad. (2001). ‘Al-Qur’Én: Min al-TafsÊr al-MawrËth ilÉ aÍlÊl al-KhiÏÉb al-DÊn.Ê. BeirËt: DÉr al-ÙalÊÑah. Fazlur Rahman. (1982). Islam and Modernity: Transformation of an Intellectual Tradition. Chicago: The University of Chicago Press. Fazlur Rahman. (May 1996). Interpreting the Qur’Én. In Afkar Inquiry. n.p. http://en.wikipedia.org/wiki/Biblical_Hermeneutics# http://www.newadvent.org/cathen/0727/a.htm. http://zsabo.best.vwh.net/hermenuetics/html# MannÉÑ al-QatÏÏÉn, MabÉhith fÊ ÑulËm al-Qur’Én, DÉr al-Qalam, Kuwait, 1999. MuÎÏafÉ al-ÑAÐamÊ. (2003). The Qur’an: from Revelation to Compilation. Leicester: U.K Islamic Academy. Paul Ricoeur. (1994). Hermeneutics and the Human Sciences, Edited and Translated by John B. Thompson. Cambridge: Cambridge University Press. Peter Ford. (April 1993). ‘The Qur’Én as a Sacred Scripture’, Muslim World, Vol. xxxiii, no.2. Syamsuddin, Sahiron. (2003). Hermanutika al-Qur’an Mazhab Yogya. Yogyakarta: Prostudia Islamica. YËsuf ÑAlÊ. (2002). The Holy Qur’Én: English translation of the Meanings and Commentary. Madinah: King Fahd Holy Qur’Én Printing Complex. Zayd, NaÎhr ×Émid AbË. (2003). Al-Qur’Én, Hermeneutics, dan Kekuasaan: Kontroversi dan Penggugatan Hermeneutik AlQur’É. Bandung: Research for Qur’Énic Studies.

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JihÉd An Analysis from Islamic Perspective Noor Mohammad Osmani* Abstract JihÉd stands for peace. It signifies utmost endeavor to achieve a target. Due to known and unknown reasons this term is surrounded by misconceptions. It is called a term referring to Islamic war against non-believing forces. Despite explanations offered by Muslim scholars, this term is looked at as an offensive and inhuman approach. This situation is to be blamed equally on Muslims and non-Muslims. They have all jumped to the conclusion without going through basic sources, the classical Arabic language, the Qur’Én, and ×adÊth. Justice demands deeper understanding of the term jihÉd not in the light of any sources but the Islamic ones. This paper is devoted to the discussion on jihÉd on the basis of the Qur’Én, the Prophet’s (s.a.w.) exemplary mission, and views of Muslim scholars. Key words: JihÉd, The Qur’Én, ×adÊth, Misconceptions, Explanations Introduction Islamic JihÉd, holy war, terrorism, killing the infidels and suicide bombings are some terms cited frequently in the eastern as well as western media. The Prophet’s (s.a.w.) JihÉd and his struggles to establish Islam in all aspects of human life have been misinterpreted by western writers. Whenever jihÉd is referred to as war against nonMuslims, it is due to its misinterpretation not merely by others but also by Muslims themselves. Misinterpretation of jihÉd is consequent upon misreading the Qur’Én, ×adÊth, and Islamic history. This paper *

Assistant Professor, Department of Qur’Én and Sunnah Studies, IRKHS, International Islamic University Malaysia. Email: [email protected], [email protected].

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represents a humble attempt to understand jihÉd from Islamic perspective. Defining JihÉd The word jihād is derived from the root j-h-d, denoting effort, exhaustion, exertion, strain. Derivatives of this root occur in forty-one Qur’ānic verses. Five of these contain the phrase jahd aymānihim, meaning “[to swear] the strongest oath.” Encyclopedia of the Qur’Én asserts that there are only ten places in the Qur’ān where jihÉd definitely signifies warfare.105 JihÉd primarily connotes inner struggle of a person to develop virtues and maintain submission to God in all aspects of life. It also refers to struggle against injustice. Islam allows armed struggle for self-defense, or retribution against tyranny, exploitation, and oppression hence usage of the term jihÉd. It has commonly been used in the sense of 'Fighting' 'war' 'battle' 'Islamic crusade' and so on. While Islam does not neglect its multifarious usage of the word in different meanings, its primary meaning should not be neglected. Ibn Qaiyyim writes 13 different stages of JihÉd, including JihÉd against Satanic desire, JihÉd against injustice, tyranny and corruption in society, JihÉd against hypocrisy and hypocrites, JihÉd through preaching, patience and perseverance, and JihÉd against enemy through armed struggle.106 JihÉd is also used in the meaning of QitÉl (fighting), ×arb (war). Today there are different types of ×arb (war) such as cultural, communicative, economic, psychological war and so on..

105

Landau-Tasseron, Ella. "Jihād." Encyclopaedia of the Qur’ān. General Editor: Jane Dammen McAuliffe, Georgetown University, Washington DC. Brill, 2010, vol. 3, p. 35. Brill Online. International Islamic University Malaysia (IIUM). 04 March 2010 http://www.brillonline.nl/subscriber/entry?entry=q3_COM-00101 106 Ibn al-Qaiyyim, ZÉd al-Ma‘ad, (Beirut: Muwassasat al-RisÉlah, 1986) 3/5-9.

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JihÉd

Noor Mohammad Osmani

Generally, it has been defined in the Western media as 'a holy war fought by Muslims, against those who reject Islam’. Though the term ‘holy war’ originated for Christian wars, it seems many people applied the same term for Islamic JihÉd, which misled many Muslims and non-Muslims alike. John Esposito presents a moderate view of JihÉd. He writes: The term JihÉd has a number of meanings which include the effort to lead a good life, to make society more moral and just, and to spread Islam through preaching, teaching, or armed struggle. In its most generic meaning, "JihÉd" signifies the battle against evil and devil, the self-discipline (common to the three Abrahamic faiths) in which believers seek to follow God's will, to be better Muslims. It is the lifelong struggle to be virtuous, to be true to the straight path of God... Finally, JihÉd means the struggle to spread and to defend Islam.107 While not denying the fact of its use in the meaning of armed struggle, its different usages in the Qur’Én and ÍadÊth should not be ignored. ×asan al-BaÎrÊ, a prominent TÉbi‘Ê scholar, was reported to have regarded the struggle against one’s illicit desires as the greatest JihÉd; and no other JihÉd could be greater than this. He says: “If you kill your enemy, you get relieved. But the real enemy is the ‘nafs’ or desire that you cherish in your chest.”108 JihÉd in the light of the Qur’Én and Sunnah Relevant Qur’Énic ÉyÉt and aÍÉdÊth of the Prophet MuÍammad (s.a.w.) indicate that Allah did not permit the Prophet MuÍammad (s.a.w.) to engage in fighting during his stay at Makkah. It was only at Madinah that Allah permitted Muslims to fight back against nonbelievers if they continued their terrorism against Muslims.

107

John Esposito, The Islamic Threat: Myth or Reality (Oxford: Oxford University Press, 1992), p 32. 108 Ibn JarÊr al- ÙabarÊ, TahdhÊb al-AathÉr, ed. Mahmud Muhammad Shakir (Cairo: Maktabah al-Khanji, n.d.), No. 919, 3/160.

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Allah commands Muslims to get engaged in war with those who fight against them, without any transgression or exceeding the limits. He says: Fight in the cause of Allah with those who fight you, but do not transgress limits; for Allah loveth not transgressors. (Al-Baqarah 2:190) Fight the Pagans all together as they fight you all together. But know that Allah is with those who restrain themselves. (Tawbah 9: 36) One of the primary objectives of JihÉd is to help the oppressed and free them from tortures and oppression. It is not applied for only Muslims, but also the whole humanity. JihÉd is against the tyrants and the oppressors. Allah says: And why should ye not fight in the cause of Allah and of those who, being weak, are ill-treated (and oppressed)?- Men, women, and children, whose cry is: "Our Lord! Rescue us from this town, whose people are oppressors; and raise for us from thee one who will protect; and raise for us from thee one who will help!" (Al-NisÉ’ 4: 75) The Qur’Én made it clear that the war may continue so long as the other party is engaged in it. If they desist from war, Muslims are urged to stop it and accept the invitation of peace and treaty. This serve as a clear testimony that Islam is not blood-thirsty; but it seeks to establish peace and harmony in society. Allah says: If they withdraw from you but fight you not, and (instead) send you (Guarantees of) peace, then Allah Hath opened no way for you (to war against them). (Al-NisÉ’ 4: 90) But if the enemy incline towards peace, do thou (also) incline towards peace, and trust in Allah: for He is One that heareth and knoweth (all things). (Al-AnfÉl 8: 61) The Qur’Én commands to respect the treaties done with nations. Unless they violate it, Muslims must respect it. Allah says: (But the treaties are) not dissolved with those Pagans with whom ye have entered into alliance and who have not subsequently failed you in aught, nor aided any one against you. So fulfill your 58

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engagements with them to the end of their term: for Allah loveth the righteous. (Tawbah 9: 4) Even the treaty of Hudaybiah is treated by Allah as a great victory. It was a treaty of peace, harmony and peaceful living that Makkan pagans agreed to desist from fighting for 10 years which could be extended further. The Prophet (s.a.w) did not even hesitate to accept derogatory terms demanded by Makkans in order to establish greater harmony and peace. Allah declares it to be a great victory: Verily We have granted thee a manifest Victory. (Al-FatÍ 48: 1) Muslims are urged to extend the hands of cooperation to those who are not engaged in war with them. The others could even be the friends of Muslims, establishing close link among them. Allah says: Allah forbids you not, with regard to those who fight you not for (your) Faith nor drive you out of your homes, from dealing kindly and justly with them: for Allah loveth those who are just. (AlMumtaÍinah 60: 8) The Prophet Muhammad (s.a.w.) set right the motives of his companions in JihÉd. During the early days before Islam, the fighting was generally made for revenge, wealth, popularity and enslaving others especially beautiful girls for enjoyment. A companion said to him: “O Prophet of Allah! There are people who fight for wealth and booties; another for popularity; and some other for showing his courage and position. Who among them fights in the Way of Allah? The Prophet said: "He who fights to make Allah's word superior, his is in the way of Allah.”109

109

ØaÍÊÍ al-BukhÉrÊ, (Beirut: DÉr Ibn KathÊr, 1407AH/1987), KitÉb Fard al-Khumus, BÉb Man Qatala lÊ al-Maghnam, no. 2894, 10/371; ØaÍÊÍ Muslim, (Beirut: DÉr alFikr, n.d.), KitÉbKitÉb al-Imarah, BÉb Man Qatala LitakËna Kalimatullah, no. 3534, 10/5.

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The Prophet MuÍammad (s.a.w.) made it clear that Muslims should not desire to fight with the enemies. But if the fighting breaks out, it becomes imperative on Muslims to face the enemies and should not run away. “Do not desire to fight the enemies, and ask Allah's forgiveness and mercy. Once you face them, be firm and persevering. Remember the Paradise is beneath the shades of swords." 110 The Prophet (s.a.w.) once saw a woman killed in one of the expeditions under the leadership of KhÉlid ibn al-WalÊd, and disapproved such an act: "This lady was not supposed to engage in war. Tell Khalid that he should not kill a lady or a worker".111 This shows that if woman gets engaged in fighting, she could be killed. Likewise, if the worker is engaged in fighting, he could also be killed. The valid reason for not killing is 'not engaging in war'.112 The Prophet (s.a.w.) also asked Companions not to engage in war so long as the other party does not engage in war. He advised them: "Leave the Abyssinians till they attack on you, also the Turks till they get engaged in war."113 Even though the ÍadÊth mentions only the Abyssinians and the Turks, it is to be applied to all. If the fighting breaks out, they should sacrifice their lives for the Cause of Allah. The Prophet (s.a.w.) outlined principles of war: 110

Al-BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ, KitÉb al-JihÉd wa al-Siyar, BÉb kÉna al-Nabiyy ’idha lam YuqÉtil, no. 2744, 10/124; ØaÍÊÍ M uslim, KitÉb al-JihÉd wa al-Siyar, BÉb Karahat Tamanni LiqÉ’ al-‘Aduw, no. 3276, 9/169. 111 AbË Dawud, Sunan AbÊ Da’wud, (Beirut: DÉr KitÉb al-‘Arabi, n.d.), KitÉb alJihÉd, BÉb FÊQatl al-NisÉ’, no. 2295, 7/274. 112 Azimabadi, 'Awn al-Ma'bud Sharh Sunan AbË Da'wud (Beirut: DÉr al-Kutub al‘Ilmiyyah, 2nd edn. 1415AH), No. 2295, 6/105. 113 AbË Dawud, Sunan AbÊ Da’wud, KitÉb al-Malahim, BÉb FÊ al-Nahy ‘an Taheej al-Turk wa al-Habashah, no. 3748, 11/377.

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“Fight in the name of Allah in His Path. Fight those infidels who reject belief in Allah; do not commit theft in booties; do not violate the treaty; don't mutilate bodies; and do not kill a child."114 Philosophy of JihÉd The philosophy of JihÉd is summed up in the following verses: (They are) those who have been expelled from their homes in defiance of right,- (for no cause) except that they say, "our Lord is Allah". Did not Allah check one set of people by means of another, there would surely have been pulled down monasteries, churches, synagogues, and mosques, in which the name of Allah is commemorated in abundant measure. Allah will certainly aid those who aid His (cause);- for verily Allah is full of Strength, Exalted in Might, (able to enforce His Will). (Al-×ajj 22: 40) And did not Allah check one set of people by means of another, the earth would indeed be full of mischief: But Allah is full of bounty to all the worlds. (Al-Baqarah 2: 251) It is divine rule that when people transgress limits and try to pose to be absolutely powerful, Allah punishes them and defeats them by others. This check and balance is imminent to preserve human society and safeguard it from tyranny and oppression. This is called, Sunnat al-TadÉfuÑ (divine law of protection). Human kind from its inception has two segments, good and bad, virtuous and corrupt. The corrupt and criminals outnumber the virtuous. The crime began in human society from the murder of one of the sons of Ódam by another, as Jewish and Islamic traditions establish. The criminals need to be dealt with harshly. Good advice may not usually work with them. That is why Allah has made JihÉd obligatory to defend one's religion, life, dignity, property, freedom, human rights, and values. Had JihÉd not

114

Muslim, ØaÍÊÍ Muslim, KitÉb al-JihÉd wa al-Siyar, BÉb Ta’mir al-ImÉm alUmara’, no. 3261, 9/150; Sunan AbÊ Da’wud, KitÉb al-JihÉd, BÉb fÊ Duà alMushrikin, no.2246, 7/194.

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been made obligatory by Allah, human society would have vanished long ago. Allah commands people to fight until the tyranny and oppression disappear. He says: And fight them on until there is no more Tumult or oppression, and there prevail justice and faith in Allah; but if they cease, Let there be no hostility except to those who practice oppression. (Al-Baqarah 2: 193) Allah does not like FasÉd (mischief) to prevail on earth. He removes criminals and mischievous people by others. Allah confirms: Every time they kindle the fire of war, Allah doth extinguish it; but they (ever) strive to do mischief on earth. And Allah loveth not those who do mischief. (Al-MÉ’idah 5: 64)115 Islamic Ethics of War JihÉd in the sense of war, as allowed by Islam keeping particular situation in view, is not free from regulations under Islamic SharÊ‘ah. All the rules of war are governed by three fundamental principles: necessity, humanity and chivalry. The main rules of war in Islam are as follows: -

A non-combatant who is not taking part in warfare, either by action, opinion, planning or supplies, must not be attacked; the traders or peasants who are just working for their masters should not be attacked unless they take active part in the battles.

-

No killing of women, children, and innocents, including hermits, monks, other religious leaders who are deemed as non-combatants.

115

See for details, Abul A`la Mawdudi, Al-JihÉd fÊ al-Islam, (Lahore, Pakistan: Idarah Tarjumanul Qur’Én, 12th edn., 1990), pp 37-40.

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-

Non-combatants are guaranteed security of life even if their state is at war with an Islamic state.

-

The destruction of property is prohibited, except when it is a military necessity to do so, such as for the army to penetrate barricades, or when that property makes a direct contribution to war, such as castles and fortresses.

-

No killing of livestock and animals, and no destruction of wells.

-

Principles of humanity and virtue should be respected during and after war.

-

It is desirable to prevent as early as possible the continuation of warfare.116

The conduct of hostilities is strictly regulated by the Qur’Én, the words of the Prophet (s.a.w.), commands of AbË Bakr al-ØiddÊq (632-634), the first Caliph of Islam, as well as those of other Muslim commanders. The Prophet (s.a.w.) once advised his Companions: “Move forward in the Name of God, by God, and on the religion of God’s Prophet. Do not kill an elderly, or a child, or a woman, do not misappropriate booty, gather your spoils, do good for God loves good doers.”117 AbË Bakr formulated a detailed set of rules for Islamic conduct during war. He gave the following instructions to a Muslim army

116

Wahbah al-ZuhailÊ, “Islam and International Law,” in International Review of the Red Cross, Volume 87 No. 858 (June 2005), 282-283 http://www.icrc.org/Web/eng/siteeng0.nsf/htmlall/review-858p269/$File/irrc_858_Zuhili.pdf; see also Youssef H. Aboul-Enein and Sherifa Zuhur, Islamic Rulings on Warfare (Carlisle: Strategic Studies Institute, 2004), at http://www.strategicstudiesinstitute.army.mil/pdffiles/pub588.pdf. 117 Ibn AbÊ Shaybah, Al-Musannaf, chapter 95, 7/654; also in Bayhaqi, Ma‘rifat alSunan wa al-’AthÉr, KitÉb al-Siyar, ×adÊth no. 5643, 14/365.

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setting out for Syria, which was then governed by the Byzantine Empire: “O people! I want to share with you ten rules for your guidance in the battlefield. Do not commit treachery or deviate from the right path. You must not mutilate dead bodies. Neither kill a child, nor a woman, nor an aged man. Bring no harm to the trees, nor burn them, especially those which are fruitful. Slay not any of the enemy’s flock, save for your food. You are likely to pass by people who have devoted their lives to monastic services; leave them alone.”118 JihÉd in the Prophet’s (s.a.w.) Mission Regular JihÉd in Life The Prophet MuÍammad (s.a.w.) lived a life full of struggle in Makkah and also in Madinah. In 13 years of Makkan life, he had to endure tortures and persecutions at the hands of Makkans and people in ÙÉ'if. Madinan JihÉd was armed struggle against the non-believers, while in Makkah it was the JihÉd of Da‘wah, Øabr, patience, education and training etc. Allah promised that one who strives (does JihÉd) in His Path, He will show him the true path. He says: And those who strive in Our (cause),- We will certainly guide them to our Paths: For verily Allah is with those who do right. (Al‘AnkabËt 29: 69) Allah also commands the Prophet (s.a.w.) to struggle against MushrikÊn (polytheists) with the Qur’Én, which is through da‘wah (preaching) and Îabr (patience). Allah says in the Qur’Én: Therefore listen not to the Unbelievers, but strive against them with the utmost strenuousness, with the (Qur’Én). (Al-FurqÉn 25: 52)

118

Related by Imam Malik. See Jalal al-DÊn al-SayuÏÊ, TanwÊr al-Hawalik, Sharh àla Muwatta’ Malik (Cairo: al-Halabi Press, n.d. Vol. II), 6.

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Muslims were brutally tortured at Makkah by MushrikËn. The victims sought permission of the Prophet (s.a.w.) to fight back in retaliation. The Prophet (s.a.w.) knew very well that self-defense was their natural, moral, and legal right, yet he did not give them permission to fight back and prohibited them from engaging in any combats.119 He also did not ask them to demolish the idols installed in Ka‘bah. When he performed minor pilgrimage in 7th A. H., there were idols in and around Ka‘bah. His devoted Companions could sacrifice their lives to demolish those idols in the darkness of night. But they refrained from doing that simply because it would be against the Prophet’s (s.a.w.) instruction based on Allah’s advice: Therefore patiently persevere, as did (all) messengers of inflexible purpose; and be in no haste about the (unbelievers). (AlAÍqaf 46: 35) Quraysh boycotted socially, economically, and psychologically the Prophet (s.a.w.), his followers and relatives. They suffered extreme hunger and faced terrible challenges during these trying times; but the spirit of the Prophet (s.a.w.) and his followers never faded. Their struggles in the way of Allah remained firm and strong. Allah revealed Qur’Énic revelations to console the Prophet (s.a.w.), and reminded Muslims to remain steadfast in their Islamic stand and offer utmost sacrifices. Allah says: Do men think that they will be left alone on saying, "We believe", and that they will not be tested? We did test those before them, and Allah will certainly know those who are true from those who are false. (‘AnkabËt 29: 2-3)

119

Sunan Nasa’Ê, (Beirut: DÉr al-Ma`rifah, 1420AH), KitÉb al-JihÉd, BÉb no. 1, WujËb al-JihÉd, no. 3036, 10/128.

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Reasons for the warfare in the Prophetic Mission The Prophet Muhammad (s.a.w.) was justified in taking up arms against Qurayish. They were aggressors; they did not let him and his Companions live peacefully in the new Islamic state of Madinah. The Muslims in Mecca enjoyed neither safety nor security. Religious freedom was denied to them, though they were harmless and peaceful members of the community. They were expelled from their homes. The persecution of the early Muslims by the Qurayish was on religious grounds. They would not allow the believers to renounce the religion of their forefathers and profess Islam. The early Muslims had every international right to resent persecution and intolerance of the Makkaans and to establish themselves by force of arms, to enjoy their religious liberty and to practice their religion freely.120 Battle of Badr (2 A. H.) The Prophet MuÍammad (s.a.w.) went out to deal with the Caravans of AbË Sufyan, who was coming from Syria after trade and purchase of arms. The Prophet (s.a.w.) sent a contingent of his Companions to waylay the caravan. AbË Sufyan, sensing the Prophet Muhammad's attack on him, sent Damdam bin 'Amr al-Ghifari to Makkan people to inform about the Prophet's (s.a.w.) intended attack. Makkan people became furious and vowed to attack Madinah. AbË Sufyan, on the other hand, took a safer sea side pathway to reach Makkah, and suggested Quraysh not to march towards Madinah, but AbË Jahl, the commander, said: No by God! We shall deal with Muhammad, and then only shall we return. Allah granted victory to Muslims. 70 Qurayish leaders were killed; 70 others made prisoners.121

120

Cheragh Ali, 25-27. For details, see Ibn Hisham, SÊrat Ibn ×ishÉm, (Beirut: DÉr al-Fikr, 1980), 1/606636. Also in Al-Waqidi, AbË Abdillah Muhammad bin ‘Umar, KitÉb al-MaghazÊ, (Beirut: ‘Alam al-Kutub, n.d.), 1/12-50.

121

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Battle of UÍud (3 A. H.) Makkan people and leaders were very sad over their defeat in battle of Badr and decided to take revenge on the Muslims, and utilize the trade output of AbË Sufyan for this purpose. All of them agreed. Many others joined them. 3000 fighters marched towards Madinah. The Prophet (s.a.w.) upon consultation with the Muslims came out of Madinah and encouraged them for greater sacrifice and dedication. Muslims initially were victorious and Quraysh fled the battleground. But the 50 archers that the Prophet assigned on mountain pass, left their position and came down to collect the booty, leaving the place unsafe. KhÉlid ibn WalÊd, a kÉfir commander then, grabbed the chance and quickly marched towards Muslim army from behind, and attacked on them. Other MushrikËn also turned back after knowing the development in their favor. They were able to kill 70 Muslims. Prophet (s.a.w.) also got injured.122 Battle of Ditch (5 A. H.) The Prophet (s.a.w.) expelled Jews of BanË NaÐÊr due to their treachery against Islamic state. ×uyyay ibn Akhtab and SallÉm bin AbÊ al-×aqÊq, the leaders of NaÐÊr went to Quraysh and other Arab tribes with an invitation to fight against Muslims and destroy them totally. They even told the MushrikËn that Shirk (polytheism) was better than the religion of Muhammad (s.a.w.). Quraysh were eager to annihilate Muslims totally. Though they had upper hand in UÍud, they could not destroy Muslims' power, and also could not enter Madinah. The Muslims became powerful again, and Quraysh felt unsafe in traveling to Syria for trade. They were waiting for a final chance to invade Madinah. A huge army of 10,000 soldiers marched towards Madinah with the intention to annihilate the Muslims. The Prophet (s.a.w.) and his companions dug trench around Madinah, and were able to hold the MushrikËn. Those, who tried to

122

For details, see Al-Waqidi, 1/199-240.

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cross over, were killed by Muslims. The Jews of Qurayzah also betrayed in the crucial moment. Finally, Allah sent His help, destroyed the tents of MushrikËn by storm and thunderbolt. The MushrikËn fled to Makkah, leaving behind Bani Qurayzah on the mercy of the Muslims. 123 Conquest of Makkah (8 A. H.) In 6 A.H., the Prophet went to perform 'Umrah together with 1400 companions. Makkan Mushriks did not let them perform ‘umrah. It ended in a Treaty of ×udaybiyyah which was termed as 'FatÍ MubÊn' (decisive victory) by Allah. The Prophet loved peace and not war. Therefore, he welcomed the deal and the Treaty was made for 10 years with no fighting. But within 2 years, MushrikËn violated the treaty and killed Bani Khuzaàh, the Muslims' allies in the MasjÊd alHarÉm. It was imperative on the Prophet (s.a.w.) to stand for the help of KhuzÉàh, but in a way that was suitable only for him. He planned to attack on Makkah, and kept it a total secret, so that he could free it without any bloodshed. So it was. He marched along with dedicated companions to Makkah and freed it totally from idolatry. The Prophet (s.a.w.) after conquering Makkah addressed Quraysh: "What do you think that I am going to do with you?" They said: "We expect something noble of you; you are a noble brother and son of a noble brother." The Prophet then said: "You may go; all of you are free." He, then, said what Prophet YËsuf (A.S.) had said: "La Tathriba ‘alaykumul Yawm" (today, there is no reproof for you).124 He forgave those who tortured him and his companions and fought against him after his migration to Madinah. He forgave the notable enemies of Islam, such as ‘Ikramah bin AbË Jahl, and the son of Safwan bin Umayyah; he forgave Wahshi the killer of his beloved uncle,

123

See: Safiyurrahman Mubarakfuri, Al-RaÍÊq al-MakhtËm, (Beirut: Mu’wassasat al-TÉrÊkh al-‘ArabÊ, 1996), 1/274-282. 124 It is a part of ayah 92 of SËrah Yousuf (12). It means, “No blame will there be upon you today…”

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Hamzah.125 He declared amnesty for all, which made most of Makkan idolaters convert into Islam.126 Expedition of TabËk (9 A. H.) The last expedition of Muhammad (s.a.w.) was that of TabËk, and it was also purely to defend the Islamic state from the intended attack of Romans. The travelers and traders arriving from Syria brought news of the gathering of a large army on the borders of Syria. A year’s pay, they said, had been advanced by the Roman Emperor, who was then at Hams, in order that the soldiers be well-furnished for a long campaign; the tribes of the Syrian desert, the Bani Lakhm, Judzam, Amila, and GhassÉn were flocking around the Roman Eagles, and the vanguard was already at Balca. The Prophet (s.a.w.) at once resolved to meet this challenge. When he arrived in the vicinity of the Syrian border at TabËk, he found no troops to oppose him. There were no signs of impending danger, and he therefore returned with his army to Madina.127 A brief analysis of all these battles shows that the Prophet did not advance towards the enemies simply for the expansion of Islamic rule. Rather, it was due to defend the Islamic state, protect and safeguard the Muslims living therein and strengthen the land of Islam from all kind of dangers. Mr. Edward Gibbon opines: “In the state of nature every man has a right to defend,” “by force of arms, his person and his possessions; to repel, or even to repeat, the violence of his enemies, and to extend his hostilities to a reasonable measure of satisfaction and retaliation. In the free society of the Arabs, the duties of the subject and citizen imposed a feeble restraint; and Mohammad, in the exercise of a peaceful and benevolent

125

Ibn Kathir, 3/572. See for details, MubarakpurÊ, Al-RaÍÊq al-MakhtËm, 1/372-394. 127 Cheragh Ali, 40. 126

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mission, had been despoiled and banished by the injustice of the countrymen.”128 The Most Misunderstood Verses on JihÉd in the Qur’Én There are misconceptions about some Qur’Énic verses that purportedly command believers to kill infidels wherever they were found. Let us analyze some of those verses which are claimed to have commanded the believers to kill infidels indiscriminately. “And when the sacred months have passed, then kill the polytheists wherever you find them and capture them and besiege them and sit in wait for them at every place of ambush.” “And fight them until there is no fitnah and (until) the religion, all of it, is for Allah. And if they cease – then indeed, Allah is Seeing of what they do.” (8:39) “Fight those who do not believe in Allah or in the Last Day and who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth from those who were given the Scripture – (fight) until they give the jizyah willingly while they are humbled.” (9:29) The first verse (9:5) was revealed to the Prophet in Dhul Qa`dah 9AH just before the ×ajj.129 Prophet Muhammad (s.a.w.) was able to control major parts of Arabia. Even after the battle of TabËk in Rajab 9 AH,130 the Islamic state became one of the most powerful states of the world then. Yet there were many non-believing tribes, waiting for the right time to revolt against Islamic state. No Qur’Énic verse ever commanded the believers to kill the infidels due to their faith. It was due to their treason and constant violation of the treaties.

128

Mowlavi Cheragh Ali, A Critical Exposition of Popular JihÉd (Delhi: Idarat-i Adabiyat-i Delli, 1984), p. 25. 129 See Mawdudi, Abul A`la, TafhÊm al-Qur’Én, (Lahore: Idarah Tarjuman al-Qur’Én, 1991, 12th ed.), vol. 2, p. 66. 130 Ibid., vol. 2, p. 170.

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In the previous verse (9:4) Allah commanded the Muslims to remain firm in their treaties with non-believers. In the succeeding verse (9:6) Allah advises believers to respond positively to the request for refuge by someone from non-believer seeks refuge. The situation referred to in these verses (9:4-6) is that of war between Muslims and the non-believers, who violated the treaties. The command to kill the non-believers in the verse (9:5) is to kill those from the enemies fighting believers. There is nothing wrong in it. The Qur’Én granted non-believers four months to decide whether to stop betrayal and live as peaceful citizens of Islamic state by paying tax (Jizyah), or to migrate to other lands if they could not accept Islamic rule over them, or to accept Islam and live like fellow Muslims. 131 In the second verse (8:39), Allah commanded the believers to fight the non-believers until there was no fitnah and the religion belonged to Allah. Fitnah here means tortures and persecutions. It was known fact that Makkan idolaters severely persecuted the believers, tortured them, expelled them from their homes and looted their properties. Therefore, Allah commanded the Muslims to fight back with Makkan non-believers and to expel them from Makkah as they expelled the Muslims from their homelands. The same statement could be found elsewhere in the Qur’Én: “And kill them wherever you overtake them and expel them from wherever they have expelled you, and fitnah is worse than killing.” (2: 191) It is a command to kill Makkan enemies of Islam. It is not a command to kill the non-believers of the world due to their faiths. Fakhr al-DÊn al- RÉzÊ mentioned that Muslims in Makkah faced persecutions twice: once in the early stage of Islam and the other after the bayàh (pledge) of Madinan people. After the first Fitnah or persecutions, the Prophet asked the Muslims to migrate to Abyssinia,

131

See for details, Qaradawi Yousuf, Fiqh al-JihÉd, (Cairo: Maktabat Wahbah, 2009), pp. 267-290.

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and after the second, they were asked to migrate to Madinah.132 Jamal al-DÊn QÉsimÊ wrote: ‘there is no greater danger than the one inflicted upon someone due to his faith, which he holds firmly out of full conviction’.133 ‘Abdullah bin ‘Umar said: we participated in battles during the time of the Prophet (s.a.w.) because Muslims were tortured due to their faiths and non-believers either killed the believers or punished them till Islam became stronger and no tribulation remained in place.134 The verse in view commands for the battles whenever there is persecution and torture due to one’s faith. It simply means that if tribulation is non-existent, the fighting is not allowed. The verse 8:29, was revealed when the battles against Romans have already been started in Mutah (Jumadal ’UlÉ 8AH), and TabËk (Rajab 9AH). The super power of the time was not ready to tolerate the new religion that claims to be universal in nature. They attacked on the emissaries of the Prophet, killed ×ÉrÊth bin ‘Umayr, the emissary of the Prophet to Shurahbil bin ‘Amr, Governor of Busra.135 The Prophet (PBUH) sent an army of 3000 people in MuÏah who were able to defeat 200,000 Roman army after a huge sacrifice. In the following year, the Romans started gathering against Muslims. The Prophet (PBUH) never allowed the enemies to come to Madinah and attack on Muslims; rather he always preferred to advance towards enemies and give them lesson in their own lands. He advanced with 30,000 dedicated companions to deal with Romans; but the Romans quickly dispersed and returned to safety after knowing about the Prophet’s march towards them. The Prophet (PBUH) stayed for 20 days in TabËk and subjugated a few nations and tribes under Islamic state and then returned to Madinah safely, which made the whole Arabian nations respect the newly established Islamic state of Madinah. 136

132

Fakhr al-DÊn al- Al-RÉzÊ, MafÉtÊÍ al-Ghayb (Beirut: DÉr al-Fikr, 2002), vol. 15, pp. 168-169. 133 Al-Qasimi, Mahasin al-Ta'wil, (Cairo: DÉr al-×adÊth, 2003), 3/134-138. 134 ØaÍÊÍ BukhÉrÊ, KitÉb al-TafsÊr, SËrah al-Baqarah, no. 4243, vol. 4, p. 641. 135 MawdËdÊ, TafÊim al- Qur’Én, vol. 2, p. 168. 136 Ibid. 2/171.

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JihÉd


Hence, the battle has already been started against the Ahl alKitÉb. They were the people who did not really believe in Allah and the Day of Judgment. If they believed in Allah and the Judgment Day, they would never come to fight against the Messenger of Allah. The Romans claimed to have followed the religion of Jesus; but in fact they were the furthest from his religion. QÉÌÊ ‘Abdul JabbÉr Mu‘tazali says: “The Romans never became Christians and accepted Jesus; but the Christians themselves Romanized and apostatized from Jesus’ religion.”137 In dealing with such ÉyÉt and aÍadÊth, we should not only look into these ÉyÉt in isolation from others. There are various ÉyÉt where Allah has commanded the believers to accept and give priority to peace and treaties. These ÉyÉt came down concerning non-believers who were far apart from the believers in terms of faith and traditions. But the Ahl al-KitÉb were quite closer to Muslims in terms of faith, culture and tradition. So, how could we claim that Allah did not allow Muslims to make peace with Ahl al-KitÉb, while He has clearly commanded for peaceful living with non-believers: “So if they remove themselves from you and do not fight you and offer you peace, then Allah has not made for you a cause (for fighting) against them.” (Al-NisÉ’ 4: 90)

137

See Qaradawi, Fiqh al-JihÉd, vol. 1, p. 296.

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Conclusion The Prophet Muhammad (s.a.w.) brought a message of peace, blessing, and mercy to all mankind. He was advised by Allah to carry out jihÉd in his life. He, then, advised his followers to remain ever engaged in the task of jihÉd. It is not merely what the people in the east and the west have come up with. It is to struggle in one’s life according to the best of one’s ability in order to achieve an admirable goal. The Qur’Én and ×adÊth have both given instructions to believers to do jihÉd against non-believers. At these places it truly signifies war. It is because Allah wants the believers to do their best to defeat the enemies. These instructions concerning jihÉd are not applicable to every situation but only to that where there is already a war. All the wars fought under the leadership of the Prophet (s.a.w.) had some reasons blamed mainly on enemies of Islam.

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References: AbË Dawud. (n.d.) Sunan AbÊ Da’wud. Beirut: DÉr KitÉb al-‘Arabi. AÍmad ibn ×anbal. (n.d.). Musnad ImÉm Aímad. Cairo: Mu’wassasah Qurtubah. Al-BukhÉrÊ, AbË ‘Abdullah MuÍammad Ibn IsmÉ‘Êl. (1987). ØaÍÊÍ. Beirut: DÉr Ibn KathÊr. Al-Qasimi. (2003). Mahasin al-Ta'wil. Cairo: DÉr al-×adÊth. Al-RÉzÊ, Fakhr al-DÊn. (2002). MafÉtÊÍ al-Ghayb. Beirut: DÉr al-Fikr. al-SayuÏÊ, Jalal al-DÊn. (n.d.). TanwÊr al-Hawalik, Sharh àla Muwatta’ Malik. Cairo: al-Halabi Press. Al-Sharqawi, ‘UthmÉn al-Sa‘id. (1972). Sharī‘ah al-Qitāl fī al-Islām. Cairo: Maktabah al-Zahra’. Al-Suhayli, Abul Qasim. (2000). Al-Rawd al-Unuf. Beirut: DÉr Ihya’ al-TurÉth al-‘Arabiy. Al-ÙabarÊ, Ibn JarÊr. (n.d.). TahdhÊb al-AathÉr, ed. Mahmud Muhammad Shakir. Cairo: Maktabah al-Khanji. Al-Waqidi, AbË Abdillah Muhammad bin ‘Umar. (n.d.). KitÉb alMaghazÊ. Beirut: ‘Alam al-Kutub. Azimabadi. (1415 AH). 'Awn al-Ma'bud Sharh Sunan AbË Da'wud, 2nd edn. Beirut: DÉr al-Kutub al-‘Ilmiyyah. Cheragh Ali, Mowlavi. (1984). A Critical Exposition of Popular JihÉd. Delhi: Idarat-i Adabiyat-i Delli. Ibn

al-Qaiyyim. (1986). ZÉd al-Ma‘ad. Beirut: Muwassasat alRisÉlah.

Ibn AbÊ Shaybah. (n.d.) Al-Musannaf. n.p. Ibn Hisham. (1980). SÊrat Ibn ×ishÉm. Beirut: DÉr al-Fikr. Ibn KathÊr. (1987). Al-SÊrah al-Nabawiyyah. Beirut: DÉr al-MasÊrah. John Esposito. (1992). The Islamic Threat: Myth or Reality. Oxford: Oxford University Press. 75


Landau-Tasseron, Ella. "Jihād." Encyclopaedia of the Qur’ān. General Editor: Jane Dammen McAuliffe, Georgetown University, Washington DC. Brill, 2010, vol. 3, p. 35. Brill Online. International Islamic University Malaysia (IIUM). 04 March 2010 Mahmūd Khalaf Jarād al-‘Isāwiyy. (2000). Fiqh al-Ghazawāt. Amman: DÉr ‘AmmÉr. Mawdudi, Abul A`la. (1990). Al-JihÉd fÊ al-Islam, 12th edn. Lahore, Pakistan: Idarah Tarjumanul Qur’Én. Mawdudi. (1990). Al-JihÉd fÊ al-Islam (12th edn.). Lahore, Pakistan: Idarah Tarjuman al-Qur’Én. Mohammad Mohibul Haque, “Islamic Terrorism: myth or reality” Mubarakfuri, Safiyurrahman. (1996). Al-RaÍÊq al-MakhtËm. Beirut: Mu’wassasat al-TÉrÊkh al-‘ArabÊ. Muslim ibn ×ajjÉj. (n.d.). ØaÍÊÍ Muslim. Beirut: DÉr al-Fikr NasÉ’Ê. (1420AH). Sunan. Beirut: DÉr al-Ma`rifah. QaraÌawÊ, Yusuf. (n.d.). Nahnu wa al-Gharb, viewed in online QarÌawÊ, Yusuf. (n.d.). MuÍammad al-RasËl al-Qa’id al-MujÉhid, viewed in online at: Wahbah al-ZuhailÊ. (June 2005). “Islam and International Law,” in International Review of the Red Cross, Volume 87 No. 858. Youssef H. Aboul-Enein, and Sherifa Zuhur. (2004). Islamic Rulings on Warfare. Carlisle: Strategic Studies Institute. 

http://www.strategicstudiesinstitute.army.mil/pdffiles/pub588.pdf.

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http://65.17.223.147/site/topics/article.asp?cu_no=2&item_no=11 17&version=1&template_id=104&parent_id=15

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http://65.17.223.147/site/topics/article.asp?cu_no=2&item_no=45 68&version=1&template_id=256&parent_id=1

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http://www.brillonline.nl/subscriber/entry?entry=q3_COM-00101

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http://sabrang.com/news/2007/30apr07.htm. 76

Islamic Provision of Theft and Mutiny An Analysis of Muslim Modernists’ Approach Habeeb Rahman Md. Ibramsa* Abstract There are some Muslim modernists who try to reinterpret Qur’anic provisions, instructions, and laws and also those in ×adÊth with a view to adjust them in the new contemporary environment. Muslim modernists have suggested new method to explain punishment of theft and mutiny as prescribed by the Qur’an and ×adÊth. In this paper an analysis will be made of this approach in order to see whether this new method to interpret the Qur’Énic provisions and ×adÊth instructions is acceptable. Keywords: Muslim Modernists, Qur’anic provisions, ×adÊth Instructions, Theft, Mutiny Introduction The Qur’Én and Hadith prescribe laws and provisions for life. Two such laws are related to penalty for theft (sariqah) and mutiny (ÍirÉbah). In the light of the Qur’Én and Hadith Muslim jurists, despite minor differences of opinion, have ruled that the penalty for theft is chopping hand and that for mutiny is severe torture and death sentence. Some Muslim writers in the contemporary world like Muhammad ShahrËr and ØÉdiq have come up with essentially different approach to Islamic punishments in general and to those for theft and mutiny in particular. They are the view that the Qur’Én and Hadith need not to be interpreted literally. They suggest that the new interpretation of all the injunctions available in the Qur’Én and Hadith must be in line with the

*


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existing situations in every age. Their reinterpretation of the punishment for theft and mutiny seems to have stirred the academic environment. The present article represents a humble attempt to analyze their views on the two already mentioned punishments. Muslim Modernists’ Concept of ×adÊth Islamic Modernism is both unique in its term and yet so clearly, in all its dimensions, a Western product. Like Western modernism, Islamic modernism is difficult to define: it is rather the general label for a number of movements using heuristic trends. Muslim Modernists are in most cases non-experts in highly sophisticated disciplines related to the Qur’an, Hadith, Fiqh, UsËl al-Fiqh etc; they are rather very much devoted to so called Islamic oriented research works. The principal thrust of Islamic modernism has been to attempt for new interpretations of Islamic law or construct new hermeneutics that facilitate interpretations consistent with the demands of modern society. This approach to the study of Islam is not without its critics. A Saudi scholar, SalmÉn ibn Fahd al-‘Audah, for example, defines what he calls the “Intellectual School” (al-Madrasat al-‘Aqliyyah) as the tendency in thought “that seeks a synthesis between texts of the SharÊÑah (nuÎËÎ al-sharÑÊ) and western civilization or contemporary western thought.” This effort, according to ‘Audah, takes the form of interpretation (ta’wÊl) of the texts in a new manner consistent with the established perspectives of the West, and the new scientific and technological discoveries of the present time.” 138 Members of this school are said to “go to excess” in their hermeneutic of the texts, whether theological or legal, or of traditions. Everything that does not sui their design is given a new “spin” in the name of interpretation.139 ÑAudah’s analysis of this school is essential, not just because his criticism underscores the difficulty facing Muslim thinkers. His brilliant and insightful comments highlight the importance of 138 139

SalmÉn ibn Fahd al-ÑAudah, ×iwÉr HÉdi’ MaÑa MuÍammad al-GhazÉlÊ, p.9. Ibid.

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Islamic Provision of Theft and Mutiny

Habeeb Rahman Md. Ibramsa

authenticity and help explain why many attempts at finding this elusive synthesis have been met with resistance in the Muslim world. He lists what he calls the most obvious attributes (abraz al-maÑÉlim)140 of this school as the basis for his critique of Islamic modernists, with few exceptions. 1. Rejection of the traditions of the prophet in total or in part. 2. Broad scope in the Qur’Énic exegesis even if it results in interpretations contradictory to the rules of the Arabic language or views of the earlier pious generations (al-salaf al-ÎÉliÍ). 3. Reducing the importance of consensus (ijmÉÑ) either by discounting it completely (as with Ahmad Khan) or imposing new limitations on its scope that were non-existent among scholars of the uÎËl, (legal theory), as we find, for instance, in MuÍammad ÑAbduh’s work. 4. Great freedom in making legal rulings (ijtihÉd) without attention to the conditions (shurËÏ) required in an independent jurist (mujtahid) leading them to pronouncements at variance with every one else’s. 5. Tendency toward limiting the scope of metaphysics (the scope of the unseen - umËr al-ghaibiyyah), as much as possible, due to the predominance of materialism in modern thought. 6. Insistence that the practical application of the sharÊÑah must be circumscribed by the reality of existence. This covers questions such as usury, national unity (i.e. citizenship and brotherhood not based on religion, but on nationality) and freedom of thought or conscience etc. Muslim modernists espouse various approaches to deal with the Prophetic traditions due to their diverse spectrums of thought. Nevertheless, all these approaches come to terms with one target, namely, relegating the status of the Prophetic traditions, and nullifying its hermeneutic role to understand the holy Qur’Én. “The Prophetic 140

Ibid. p. 11.

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traditions are the prophet’s personal reasoning (ijtihÉd) in executing the injunctions of the holy book, namely, penalties (×udËd), worships, ethics while reckoning for the realistic world wherein he lives”.141 The term “ijtihÉd” discards the peculiarity of the true concept of the Prophetic tradition becomes just a mental speculation similar to other human’s reasoning that succumbs to the objective fact. This fact was to be yielded within a specific space-time factor that comprehends the economic, social, and political circumstances of the Arab peninsula in the seventh century. Thus, the Prophetic tradition is only an initial response of Islam to a very primitive environment that completely differs from our contemporary age.142 Moreover, from a functional perspective, the Prophetic tradition appeared to be a crucial factor in the early time of Islam; “the vivid relation, and the effective meddling between the realities of the Qur’Énic awareness in its absolute sense, and the conceptions of human awareness in its historical proportion”.143 So, according to the modernists’ perception, the holy Qur’Én had emerged within an environment of animism, which lacks the characteristics of “Direct dealing, and conspicuous feasibility of the Qur’Énic methodology through analysis”.144 From such a perspective, the Prophetic tradition had effectively acquired its historical worthiness. As asserted by the modernists, who claimed that the leading role of the Prophet arose mainly because “he is the role model, and the practical example that the Arabs are to follow in the instance of the theoretical absence of the methodological awareness”. 145

141

MuÍammad ShahrËr, al-KitÉb wa al-Qur’Én: QirÉ’ah MuÑÉÎarah (Damascus: alAhÉlÊ Publication, 1990), p. 548. 142 Ibid., pp.546-549. MuÍammad AbË al-QÉsim ×Éj ×amad, al-ÑÑÓlamiyyah alIslÉmiyyah al-ThÉniyyah (Beirut: DÉr Ibn ×azm Publication, 1996), vol. 2, pp.487488. 143 Ibid., p.68. 144 Ibid. 145 Ibid.

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The modernists contend that the eminent Prophetic traditions are not suitable for modern times; these Prophetic traditions constitute eventually the Prophet’s reasoning in a very particular space and time; and by corollary, those who come after the Prophet are not bound to adhere to it. “The big fallacy is that we want to understand Islam by th

th

shifting our way of thinking from the 20 century to the 7 century. That is we want to think as they (Muslim ancestors), themselves, used to think, and this impossible. Then, after that we (want to) leap back th

from the 7 century in order to present Islam of that (distant) age in the th

20 century.146 According to the modernist perception, the orthodox definition of the Prophetic tradition, as acknowledged by Muslim scholars in the past and the contemporary era, is basically clear distortion of history and development and leaping over the space-time dimension, as well as being a stroke of illusion that disregards the reality of the facts and concrete life.147 Hence, according to the modernist advocates, the solution is: “We must be confident and trust th

ourselves, and then we should say that we are in the 20 century capable of transforming the Qur’Én from an absolute state to a relative one like our Prophet had done; but not what he had literally done”.148 The latter statement signifies that the modernists put themselves on an equal footing with the past prominent Muslim scholars, and they even rate themselves to be a par with the Prophet (s.a.w) himself. Yet the modernists enunciate that their understanding is superior to the Prophet’s understanding who had to live in a pastoral age that consisted of very primitive means of production compared to the modernists who belong to the cutting edge technology and computer era; it is the age of the second globalization.149 In other words, due to th

the tremendous scientific advances achieved by man in the 20 century, both on the technical and epistemic levels, the Prophetic

146

ShahrËr, op. cit., p.566. Ibid. 148 Ibid., p. 567. 149 ×Éj ×amad, op.cit., vol. 2, pp. 487-488. 147

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tradition has accordingly lost its expository role in dealing with the Qur’Én. Such an explanatory role came to an end with the demise of that traditional hermeneutic mentality that emphasizes only the surface (of the reality), and looks at a great multitude of figures without being capable of analyzing them.150 Prophetic Traditions on Sariqah (Theft) and ×irÉbah (Rebellion) Several narrations are found in the six canonical ÍadÊth collections (al-kutub al-sittah) in regard to sarÊqah (theft) and ÍirÉbah (rebellion). As for the former, ÑÓ’ishÉ (r.a.) reported that the Prophet MuÍammad (s.a.w.) said : "The hand of a thief should be cut off for a quarter of a dinar151 and what is above that."152 In another version it is found AbË Hurairah reported that the Prophet (s.a.w) said: “God curses the thief who steals an egg, 153 for which his hand is to be cut off, or steals a rope 154 for which his hand has to be cut off!"155 As regards the latter, Anas ibn MÉlik narrated that a group of people from the ÑUkl (or ÑUraina) tribe came to Madinah and (they became ill, so) the Prophet ordered them to go to the herd of camels and drink the camels’ urine and milk (as a medicine). So they went and drank it, and when they became healthy, they killed the camel herder and drove away the camels. This news reached the Prophet early in the 150

Ibid., p. 507. A dinar, a word taken from the Roman denarius, was not a small sum, but not exorbitant, either. 152 MuÍammad ibn IsmÉÑÊl Al-BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ (Beirut: DÉr Ibn KathÊr, 1987), vol. 6, p. 2493. 153 Some commentators say that an "egg" was really a helmet. 154 The rope here means a ship’s rope, which was sizable and costly. 155 Muslim ibn al-×ajjÉj Al-NÊsÉbËrÊ, ØaÍÊÍ Muslim (Beirut: DÉr IÍyÉ’ al-TurÉth, nd.), vol. 3, p. 1314. 151

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morning, so he sent (some) men in their pursuit and they were captured and brought to the Prophet before midday. He ordered their hands and legs to be cut off and their eyes to be branded with heated iron pieces and they were thrown at al-×arra, and when they asked for water to drink, they were not given water. (AbË QilÉbah said: “Those were the people who committed theft and murder and reverted to disbelief after being believers (Muslims), and fought against Allah and His Apostle”).156 Sayings, actions, and tacit approvals of the Prophet MuÍammad (s.a.w.) expound precise and concise meaning of the Qur’Én. Muslim jurists regard the above narrations as elaboration to the Qur’Énic verdicts for the sariqah and ÍirÉbah. 157 They indicate that the penalty cannot be explained away as anything but literal and physical. They also indicate that the penalty could be imposed even for trivial thefts. Anas ibn MÉlik's narration refers to the case of ÍirÉbah in which the people who came to the Prophet (s.a.w) were Muslims and they were sick. The Prophet advised them to go to the herd of camels and drink their milk and urine (as medicine). When they became healthy, they killed the herder of the Prophet and drove away all the camels that were allocated for Îadaqah (charity). When the Prophet (s.a.w) came to know about this, he applied the Qur’Énic punishment for the ÍirÉbah on them. As for branding their eyes, the Prophet (s.a.w) branded the eyes of the people of ÑUkl or ÑUraina with iron because they killed the herder and branded his eyes with iron. ImÉm Ibn ×ajar stated the differences of opinions among scholars and he said, “The killing that took place (that is, in reference to the above ÍadÊth) was in retaliation and Allah Almighty says:

156

Ibid., vol. 6, p. 2496. “The only reward of those who make war upon Allah and His Messenger and strive after corruption in the land will be that they will be killed or crucified, or have their hands and feet on alternate sides cut off, or will be expelled out of the land. Such will be their degradation in the world, and in the Hereafter theirs will be an awful doom” (SËrah al-MÉ’idah: 33). 157

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‘And one who attacks you, attack him in like manner as he attacked you’.”158 Prevailing Muslim View on Injunction of Sariqah and ×irÉbah Prophetic penalty for theft is clear. While explaining the sËrah al-MÉ’idah verse 38, traditional scholars agreed on the verdict, that a thief’s hand should be cut off, based on very specific conditions and circumstances. First, the theft must be within the set limit. Second, the stolen item must be under lock and proper protection. Third, if the theft situation is only a suspicion, or if the reason for theft is real and justified such as hunger [or real poverty], in such a case, the hand of the thief will not be amputated.159 The traditional scholars differ in regard to the ÍirÉbah verdict. Even though the supposed historical context of SËrah al-MÉ’idah verse 33 deals with renegade tribesmen, during a raid, which happened often enough in Arabia at the time, some scholars interpret the clause "wage war against God and His messenger" as an armed rebellion against an Islamic ruler. However, most jurists agree that the tribesmen’s crime comes under the category of highway robbery or brigandage.160 This crime is committed outside of the city along the trade routes or highways, not in a city by an ordinary thief. When and how are the punishments of execution, crucifixion, mutilation, or banishment applied? The ShÉfiÑÊ School has several applications. (1) If the robbers kill someone, but do not take his property, then they are executed (presumably beheaded). (2) If the robbers kill someone and steal his property, then they should be asked to perform the ritualistic bath for repentance, then they will be hanged and after death the funeral rites and burial will take place. (3) If they robbed property, but did not kill anyone, then their right hand and left 158

SËrah al-Baqarah: 194. ÑAbd al-QÉdir ÑAudah,, al-TashrÊÑ al-JinÉ’Ê (BeirËt: DÉr IÍyÉ’ al-TurÉth al-IslÉmi, 1985), vol. 2, pp. 518-544. 160 Ibid., pp. 639-640. 159

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foot are to be amputated. (4) If they only threaten, but do not kill or rob, then they are to be punished by imprisonment (substitute for banishment) and according to the judge’s discretion. The ×anafÊ School agrees with this explanation of the ShÉfiÑÊ School. The MÉlikÊ School says that the punishments are applied as follows: (1) if the robbers commit murder, they are to be put to death, either by execution or crucifixion. (2) If they stole property, but did not murder, then the penalty is exile, but the judge has discretionary authority to execute, crucify, or amputate the alternative hand and foot. (3) The least punishment is flogging and exile, depending on the circumstances. Sometimes exile can be replaced with imprisonment.161 Muslim Modernists’ Interpretation on Injunction of the Sariqah and ×irÉbah Islamic modernist movements stand as an insensitive antithesis to traditionalism. Islamic liberalism, among several Muslim modernist movements, is characterized by its understanding of revelation “as both text and context.” It insists that interpretation of texts must consider “the spirit and broad intention behind the specific language of texts”, since the connection between the text and modern society does not turn “upon a literalist hermeneutic” that ignores contexts. MuÍammad ShahrËr, a Syrian liberal Muslim figure, promoted the theory of limits (naÐariyyat al-ÍudËd) in his controversial work, alKitÉb wa al-Qur’Én: QirÉ’ah MuÑÉÎarah. ShahrËr asserts that the theory of limits is an approach within ijtihÉd to interpret the ÉyÉt almuÍkamÉt (obvious legal verses) of the Qur’Én. The term limits (ÍudËd) used by ShahrËr refers to the meaning of “the restrictions of God which should not be violated, contained in the dynamic, and flexible area of ijtihÉd.”162

161 162

Ibid., pp. 643 - 660. ShahrËr, op. cit., pp. 550 - 561.

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The first key element of Shahrur’s theory is, as far as I understand it, is that the Qur’an is God’s speech revealed to the Prophet (s.a.w.) but addressed to all mankind in every generation; it is a “Remembrance” (dhikr), which God has taken upon himself to preserve.163 What this means is that every generation must interpret the Qur’Énic verses in a manner that makes it relevant to their circumstances and we are not bound by the understanding of other (previous) generations. Their understanding was correct for their own time but we must arrive at an understanding that is relevant to our own lived reality. The preservation of the “Remembrance” makes it our property as much as that of earlier generations and confers upon us the right to interpret it based on our own reality. The second key element of his theory is the dual concept of constancy (istiqÉmah) and flexibility (ÍanÊfiyyah). This Islamic flexibility is within the frame of theory of limits, which he perceived as the restrictions that God has placed on man’s freedom of action. The analytical framework of the theory of limits is based on two main Islamic characters (the constant and the flexible), which will lead to Islam’s survival. Those two contradictory things will deliver dialectic movement (al-Íarakat al-jadaliyyah) in knowledge and social science. Here the new paradigm is expected in the formation of the Islamic legal system (tashrÊÑ), therefore it will result in a continual dialectic and progress of the Islamic legal system. ShahrËr applies his theory to a number of instances in Muslim law and some of the examples are directly relevant to human rights law. I will restrict myself to his interpretation on the penalty for theft. ShahrËr considers the verse 38 in the sËrah al-MÉ’idah: “as for the thief, male and female, cut off their hands” and considers this verse to be an upper limit standing alone. Here the stipulated penalty is an upper limit that may not be exceeded. In other words amputation is the maximum penalty for theft and it is for every generation to define the nature and magnitude of theft that calls for this maximum penalty. Its minimum limit is to be forgiven as stated in the verse 34 of the same 163

Ibid.

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sËrah. Here ShahrËr assumes that a judge may perform ijtihÉd by observing the objective conditions of the thief. Besides giving the punishment of hand amputation to enforce the legal verdict, the judge may perform ijtihÉd around those maximum and minimum limits, such as giving a prison verdict. The dismissal penalty for a corrupt officer is still between both limits. ShahrËr argues that the essence of a legal punishment is daunting for the offender. Therefore state or government, which do not execute hand amputation, stoning, qiÎaÎ (death sentence) and several other legal verdicts in the Qur’Én and the Prophetic traditions, should not be accused as being infidel states as claimed by the fundamentalists.164 ShahrËr’s theory therefore leads to conclusions that are the opposite of other modernists. Other modernists would have the Muslim world drop the limit of amputation from its statutes due to it being “cruel and inhuman”. ShahrËr would retain it as a maximum punishment subject to proportionality. The Amputation is one possible punishment for theft, certainly the maximum and the society may choose not to invoke the maximum penalty for reasons of, say, general poverty. However, where it is inflicted there should be proportionality so that those who commit the same offence with more gravity are not given a more lenient penalty than petty thieves. It seems that this position addresses the concerns of Muslim critics of the manner of sharÊÑah implementation and represents a more just and proportionate interpretation of the law, which remains faithful to the text. ØÉdiq al-BilÑÊd’s interpretation of the ÍirÉbah verdict is the second example representing the Muslim modernist hermeneutic approach. ØÉdiq al-BilÑÊd, an Egyption Muslim modernist wonders over the prevailing Muslim jurists’ view on the penalty for ÍirÉbah and sariqah and its implementation in practical life. In his book, alQur’Én wa al-TashrÊÑ:

164

Ibid.

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QirÉ’ah JadÊdah fÊ ÓyÉt al-AÍkÉm, ØÉdiq claims that the two verses of sËrah al-MÉ’idah indicating the verdict of ÍirÉbah were revealed due to the Prophet MuÍammad’s (s.a.w.) command to arrest a group of people who stole the cattle of the shepherd and killed him. The Prophet (s.a.w.) was very angry as he was generous to them and treated them nicely. The Prophet (s.a.w.) ordered to amputate their legs and hands in addition to burning their eyes with fire, because f which they died. The two verses were revealed and brought quite different verdict from that of the Prophet.165 ØÉdiq further explains the verdict in the ÍirÉbah verses. To him the verdict should be applied only to that particular case and restricted to the Prophet (s.a.w.) and the time in which he lived. He agrees with the view of MuÍammad SaÑÊd AshmawÊ, who believed that such a judgment is no longer suitable after the demise of the Prophet (s.a.w.). Al-ÍirÉbah is associated to the event in which the Prophet (s.a.w.) witnessed and is appropriate to restrict the application of the verdict to his period, since he is the only one upon whom the revelation was sent down. Therefore the prevailing view of the Muslim jurists on the ÍirÉbah is incorrect and should be rejected.166 General application of the ÍirÉbah verdict would be, in the view of ØÉdiq, problematic. He argues that the verse 34 of the sËrah al-MÉ’idah, does not contain direct object (mafÑËl) if we generalize the ÍirÉbah verdict in the preceding verse. Therefore the verses show the historicity of the ÍirÉbah verdict and represent a conditional legislation and not an absolute one. According to him, the phrase in the verse, illalladhÊna tÉbË min qabli ’an taqdirË Ñalaihim (except those who repent before you seize them) indicates clarification of the exception and links it to conditions surrounding the event. This exception is valid as long as there is regret from the criminal. It is also absolute, not open

165

Sadiq al-BilÑÊd, al-Qur’Én wa al-TashrÊÑ: QirÉ’ah JadÊdah fÊ ÓyÉt al-AÍkÉm (Tunis: Markaz al-Nashr al-JÉmiÑÊ, 1999), pp. 194-195. 166 Ibid., pp. 197-199.

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for any discussion, due to its condition to the criminal’s regret, and it’s a legality that should be obeyed.167 According to ØÉdiq, the criminal is free when he repents. He claims that it was the practice of the ÎaÍÉbah and some great jurists to discard the verdict on the criminal after his repentance. This indicates, ØÉdiq maintains, that he has control over his fate and could avoid penalty if he decided to.168 ØÉdiq argues that nature of the verdict for theft should be the same to that of the ÍirÉbah. He insists that the ÍirÉbah is a much severe crime compared to the sariqah hence after his repentance, the thief escapes the punishment, whereas, in spite of his repentance, the offender of the ÍirÉbah could not avoid penalty. He interprets the words tÉba (repented) and Ðulmihi (his transgression) not in accordance with Arabic rules. He interprets the former as “to return the stolen item” and the latter as “after stealing”.169 ØÉdiq claims that amputation of the hand for theft is a penalty practiced during the jahiliyyah period; that the Prophet MuÍammad (s.a.w.) had adopted this pre-Islamic penalty in his legislation; the Prophet’s (s.a.w.) attitude in accepting such a severe punishment appears to be logical considering the nature of the society of that time i.e., dominance of power, mercilessness, and lack of stable judicial institutions; and that amputation was, then, the effective way to maintain peace and protect people’s property.170 ØÉdiq also claims that Muslim jurists’ methodology in dealing with the ÍirÉbah and sariqah verses is incoherent. He condemns the way traditional schools deal with the verdicts of these issues, as they treated differently, the two crimes of the same nature. He refers to Ibn al-ArabÊ, for example, as having absolutely ignored to comment verse 5:39, as if it does not consist of any injunction, compared to his 14

167

Ibid. Ibid., p.200. 169 Ibid., pp. 200-203. 170 Ibid. 168

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pages of comment on the verse 5:38. ØÉdiq criticizes Ibn al-‘ArabÊ’s approach by suggesting that he was supposed to explain, at least, the reason for the absence of the provision of repentance in sariqah verse like that in the ÍirÉbah verse. ØÉdiq feels uneasy that some other orthodox scholars are in agreement with the view and approach of Ibn al-ÑArabÊ. ØÉdiq further wonders about the reason behind this juristic disagreement in dealing with both the cases of ÍirÉbah and sarqah. He is of the view that they have not been objective as well on the subject. He laments over traditionalists like al-Shaykh al-SÉyis’ approach. ØÉdiq complains that though al-SÉyis accepts the different views of the jurists in this matter, he simply reasserts, without thorough discussion or comment, the prevailing view of the jurists that repentance does not guarantee that the thief will be spared the penalty. ØÉdiq makes a final remark that the jurists usually misinterpret the Qur’Énic verses in order to accommodate their personal views even though their interpretation goes against the logical as well as the clear meaning of the Qur’Énic verses.171 Concept of Human Rights and Islam Muslim modernists seem to feel uncomfortable with Islamic punishments mainly because of their view that these run counter to basic human rights. It is then quite pertinent to have a critical look at the concept of human rights in the eyes of Islam. Execution of ×udËd, legal punishments according to Islam, is not a cruel and barbaric act. It does not, in any way, transgress human rights. Therefore interpreting the Qur’Énic injunctions and the Prophetic traditions to discredit the well accepted legal system is unjustified and will be unacceptable to Muslims unless it is based on a hermeneutic of the Qur’Én and the traditions of the Prophet. Muslims, since the early days of Islam believe that all commandments in both the Qur’Én as well as in the Prophetic traditions never neglected human rights. Although an Islamic state may be set up in any part of the earth, 171

Ibid.

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Islam does not seek to restrict human rights or privileges to the geographical limits of its own state. Islam has laid down some universal fundamental rights for humanity as a whole, which are to be observed and respected under all circumstances whether such a person is resident within the territory of the Islamic state or outside it, whether he is at peace with the state or at war. The Qur’Én very clearly states: “O believers! be you securers of justice, witness for God. Let not detestation for a people move you not to be equitable; be equitable - that is nearer to the god-fearing.”172 Human blood is sacred in every way and cannot be spilled without justification. And if anyone violates this sanctity of human blood by killing a soul without justification, the Qur’Én equates it with the killing of the entire mankind. “Whose ever slays a soul not to retaliate for a soul slain, nor for corruption done in the land, should be as if he had slain mankind altogether.”173 It is not permissible to oppress women, children, old people, the sick or the wounded. Women's honor and chastity are to be respected under all circumstances. The hungry person must be fed, the naked clothed, and the wounded or diseased treated medically, irrespective of whether they belong to the Islamic community or are from among its enemies. When we speak of human rights in Islam we really mean that these rights have been granted by God; they have not been granted by any king or by any legislative assembly. The rights granted by the kings or legislative assemblies can also be withdrawn in the same manner in which they are conferred. The same is the case with the rights accepted and recognized by the dictators. They can confer them when they are pleased and withdraw them when they are angry; and they can openly violate them when they like. But in Islam God has

172 173

SËrah al-MÉ’idah: 5: 8. SËrah al-MÉ’idah: 5: 32.

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conferred human rights, no one on earth has the right or authority to make any amendment or change in the rights given by Him. No one has the right to abrogate them or withdraw them. Nor are these basic human rights that are conferred on paper for the sake of show and exhibition and denied in actual life when the show is over. Nor are they like philosophical concepts that have no sanctions behind them. The proclamations and the resolutions of the United Nations are incomparable with the rights sanctioned by God. The former is not applicable on anybody while the latter is applicable on every believer. They are a part of the Islamic Faith. Every Muslim, or administrators who claim to be Muslims, will have to accept, recognize and enforce them. If they fail to enforce them, and start denying the rights that have been guaranteed by Allah, or make amendments and changes in them, or practically violate them while paying lip service to them, the verdict of the Qur’Én for such men is clear: “Those who do not judge by what God has sent down are the disbelievers.”174 Human rights in Islam encompass all aspects of life. In regard to the security of life and property, for instance, the Prophet said: "Your lives and properties are invoilable to one another until you meet your Lord on the Day of Resurrection."175 He has also said about the dhimmis (non-Muslim citizens of the Muslim state): "One who kills a man under covenant (i.e. dhimmi) will not even smell the fragrance of Paradise."176 As for the Protection of Honor, The Qur’Én states:

174

SËrah al-MÉ’idah: 5: 44. MuÍammad ibn IsmÉÑÊl Al-BukhÉri, Khalq AfÑÉl al-ÑibÉd (Riyad: DÉr al-MaÑÉrif, 1978), vol. 1, p. 90. 176 Ahamd ibn ×ajar Al-ÑAsqalÉnÊ, FatÍ al-BÉrÊ bi SharÍ ØaÍÊÍ al-BukhÉri, (Cairo: al-Maktabah al-Salafiyyah, 1976), vol. 6, p. 269. 175

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“O you who believe! Let not some men among you laugh at others: it may be that the (latter) are better than the (former): Nor let some women laugh at others: it may be that the (latter) are better than the (former): nor defame nor be sarcastic to each other nor call each other by (offensive) nicknames: Ill-seeming is a name connoting wickedness (to be used of one) after he has believed: And those who do not desist are (Indeed) doing wrong. O you who believe! Avoid suspicion as much (as possible): for suspicion in some cases is a sin: and spy not on each other nor speak ill of each other behind their backs. Would any of you like to eat the flesh of his dead brother? Nay ye would abhor it...but fear Allah: for Allah is Oft-Returning Most Merciful.”177 Among the rights that Islam has conferred on human beings is the right to protest against tyranny. Referring to this, the Qur’Én says: “God does not love evil talk in public unless it is by someone who has been injured thereby."178 In Islam all power and authority belongs to God, and with man there is only delegated power, which becomes a trust. Everyone who becomes a recipient of such a power has to stand in awful reverence before his people towards whom and for whose sake he will be called upon to use these powers. This was acknowledged by AbË Bakr alØiddÊq, who said in his very first address as Caliph: "Cooperate with me when I am right, but correct me when I commit error; obey me so long as I follow the commandments of Allah and His Prophet; but turn away from me when I deviate."179 Accountability of Rulers to the legal system is another important aspect of Islamic human right. A woman belonging to a high and noble family was arrested in connection with theft. The case was brought to the Prophet MuÍammad (s.a.w), and it was recommended 177

SËrah al-×ujurÉt: 49: 11-12. SËrah al-NisÉ’: 4:148. 179 AbË DÉwËd SulaymÉn ibn al-AshÑath Al-SijistÉnÊ, Sunan AbÊ DÉwËd (Beirut: DÉr IÍyÉ’ al-TurÉth al-ÑArabÊ, nd.), vol., 4, p. 132. 178

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that she might be spared the punishment of theft. The Prophet replied, "The nations that lived before you were destroyed by God because they punished the common-man for their offences, and let their dignitaries go unpunished for their crimes. I swear by Him who holds my life in His hand that even if FÉÏimah, daughter of MuÍammad, had committed this crime, I would have amputated her hand."180 Islam attempts to achieve these human rights not only by providing certain legal safeguards, but also mainly by inviting mankind to transcend the lower level of animal life to be able to go beyond the mere ties fostered by the kinship of blood, racial superiority, linguistic arrogance, and economic privileges. It invites mankind to move on to a plane of existence where, by reason of his inner excellence, man can realize the ideal of the brotherhood (ukhuwwah) of man. Therefore, clear understanding on the Islamic concept of human rights is an essential criterion for those scholars and exegetes, including the Muslim modernists, who are engaged in interpreting both the Qur’Énic texts and the Prophet traditions independent of all established rules and regulations. Appropriate Approach of Muslim Modernists Muslim modernists' hermeneutic approaches are essentially in disagreement with traditional Muslim thought. The chief reason for such conflicting attitude on the part of Muslim modernists is based on the sources related to secular paradigms. Acceptance of these paradigms is seen as undermining the authenticity of Muslim identity. Muslim modernists are faced with a number of complex issues that must be addressed for their contribution to succeed in providing an authentic interpretation of Muslim law so as to make it relevant to the dictates of the modern world in which Muslims live. First they must reject the genetic fallacy of traditional scholarship. While doing so, however, acceptance of foreign concepts must be based on a critical 180

ÑAbd al-WahhÉb Al-NajjÉr, al-KhulafÉ’ al-RÉshidËn (Beirut: DÉr al-Kutub alÑIlmiyyah, 1979), p. 33.

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analysis of their claims. They should not consider any arguments true simply because they are from the West. Secondly, the interpretations they make of Muslim legal system should be based on a rigorous theory, a coherent hermeneutics that may be applied to interpretations of the Islamic law, particularly the Qur’Én and the Prophetic traditions. Any suggestion that the Qur’Én be abandoned, or that the Prophet (s.a.w.) implemented an essentially barbaric and cruel law, would not be an intellectual exercise within the Islamic tradition. The intellectual product of such an exercise would have no affiliation to Islam and remain counter-productive to the objective of reform. Muslim modernists' new interpretation of Islamic criminal laws as barbaric in nature is unethical. This is mainly because the Qur’Én explicitly covers them and, with one or two possible exceptions, a consensus has been built upon them for generations. How can issues related to this criminal law be addressed on the basis of a new hermeneutic that doubts authenticity of Islamic law? It seems that Muslim modernists are not consistent in their interpretation of the sacred law; they declare that amputation is barbaric but that the electric chair is not; they claim that stoning to death is barbaric but facing the firing squad is not; they feel that life in prison is humane and civilized. It appears from their judgments that Muslim modernists have failed to understand the attributes of God who revealed Islamic legal system to the Messenger MuÍammad (s.a.w). Muslim modernists must sincerely comprehend the meaning of the verse “Indeed Allah is the Most Merciful and the Most Beneficent”, which is stated in almost every page of the Qur’Én in which they believe in. In addition, the modernists' hermeneutics reflect lack of depth, even at times, slack of minimum understanding of Islam and the methodology of hermeneutics in Islam, which are essential for an objective analysis on the Qur’Énic and the Prophetic injunctions.

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Conclusion It is noteworthy that whenever a danger threatens the Ummah, it should be addressed. The Prophet (s.a.w.), who is a fountain of mercy for mankind, never tortured his enemies for personal vengeance. Islam cares much about individuals’ rights and rights of the society. In order to preserve these rights, Islam has prescribed punishments for theft, ÍirÉbah etc. to maintain the world’s security, block all the avenues leading to oppression, and prevent people from spreading mischief in the land. If someone is proven to be guilty of any crime and all the conditions for the punishment are fulfilled, there is no leniency or pardon for the perpetrator, for the sake of the society as a whole. Muslim modernists appear to be lenient towards the criminals but they do not take into consideration the plight of the victims. Their interpretation of Islamic texts doe not reflect intellectual sincerity; they rather champion the cause of the West. Islam and the West are two parallel lines that can never meet.

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References: Al-ÑAsqalÉnÊ, Ahamd ibn ×ajar. (1976). FatÍ al-BÉrÊ bi SharÍ ØaÍÊÍ al-BukhÉri. Cairo: al-Maktabah al-Salafiyyah. Al-NawawÊ, YaÍyÉ ibn Sharaf. (1929). Sharh ØaÍÊÍ Muslim. Beirut: DÉr al-Qalam. AmÊn Husayn Ahamd. (1992). ×awla al-DaÑwah Ila TaÏbÊq alSharÊÑah. Cairo: DÉr SuÑÉd al-ØabbÉh. ÑAudah, ÑAbd al-QÉdir. (1985). Al-TashrÊÑ al-JinÉ’Ê. BeirËt: DÉr IÍyÉ’ al-TurÉth al-IslÉmi. Al-BukhÉrÊ, MuÍammad ibn IsmÉÑÊl. (1987). ØaÍÊÍ al-BukhÉrÊ. Beirut: DÉr Ibn KathÊr. ×Éj ×amad, MuÍammad AbË al-QÉsim. (1996). Al-ÑÓlamiyyah alIslÉmiyyah al-ThÉniyyah. Beirut: DÉr Ibn ×azm Publication. Al-NajjÉr, ÑAbd al-WahhÉb. (1979). Al-KhulafÉ’ al-RÉshidËn. Beirut: DÉr al-Kutub al-ÑIlmiyyah. Al-NÊsÉbËrÊ, Muslim ibn al-×ajjÉj. (n.d.). ØaÍÊÍ Muslim. Beirut: DÉr IÍyÉ’ al-TurÉth. Sadiq al-BilÑÊd, (n.d.). Al-Qur’Én wa al-TashrÊÑ: QirÉ’ah JadÊdah fÊ ÓyÉt al-AÍkÉm. Tunis: Markaz al-Nashr al-JÉmiÑÊ. ShahrËr, MuÍammad. (1990). Al-KitÉb wa al-Qur’Én: QirÉ’ah MuÑÉÎarah. Damascus: al-AhÉlÊ Publication. Al-SijistÉnÊ, AbË DÉwËd SulaymÉn ibn al-AshÑath. (n.d.). Sunan AbÊ DÉwËd. Beirut: DÉr IÍyÉ’ al-TurÉth al-ÑArabÊ.

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Qur’Énic Concept of Ideal Human Society Israr Ahmad Khan* Abstract The Qur’Én declares that it is for the man and about the man (21:10). It addresses the man in his both the capacities as an individual and as a social being. It seems very much concerned about the development of man from all angles, social, political, economic, educational, intellectual, cultural, moral, and spiritual (17:23-37). The society it seeks to develop and set up on the earth ensures peace and harmony among various sections of the setting (60:4-8). The salient features of the human society from the Qur’Énic perspective are: (1) Total Submission to God, (2) Intellectual Development and Freedom, (3) Full Blooming of Knowledge, (4) Honor to Human Rights, (5) Predominance of High Moral Values, (6) Prosperity and Well-Being, (7) Equitable Standing of Men and Women, (8) Collectivism, and (9) Multi-Culturalism. This paper represents a humble reflection on these dimensions of human society as conceived by the Qur’Én. Keywords: The Qur’Én, Ideal Society, Equitability, collectivism, and Multi-Culturism. Introduction Man cannot survive in the real sense of the word without society. History bears witness to the fact that there emerged so many societies at different stages of the time. These societies reached their pinnacle and also faced either partial or total decline. The western society has been dominating the human world for the last few centuries. This society is not an ideal one because it has caused decline of individuals and societies from almost all angles including material, *

Professor, Department of Qur’Én and Sunnah Studies, IRKHS, International Islamic University Malaysia.

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even though its very objective is to develop man materially and economically. Islamic society as conceived by the Qur’an was once a dominant civilization in the world for around a thousand years. Its principles really ensure development of human individuals and societies. It may be argued that decline of Islamic civilization proves that it was not viable. It should be born in mind that the downfall was not that of Islamic civilization but that of Muslims who abandoned the idea of Islamic society based on the Qur’anic teachings. As long these principles prevail in human societies, there cannot take place any kind of decline. Downfall will begin in a society when the Qur’anic ideals are ignored and replaced with other ideals. This paper represents a humble attempt to identify and highlight those principles of ideal human societies that are enshrined in the Qur’an. Characteristic Features of an Ideal Human Society An ideal human society signifies a human setting where the social problems are rare and less serious. Such a society is not a utopia. It is historically real one. Time and again it was established on earth. It can still be set up. All the features of such an ideal society are available in Islamic sources, the Qur’Én and life history of the last Prophet (s.a.w.). It is not possible to accommodate all the desirable elements of a successful society as featured in Islamic sources in the present article. For that matter a comprehensive book is needed. In this article only main features are intended to study. 1. Submission to God Psychologically, man is obliged to submit either to the One True God, the Creator, the Sustainer, the Provider, the Sovereign, the Almighty, or to false deities man has himself imagined and developed in his belief as partners of the One God. Some men reject the idea of godhood; they neither subscribe to the concept of One True God nor accept the message about imaginary deities. Yet, they cannot escape submission to another category of false deity or deities. Such people submit to their impulses (25:43; 45:23) as well as to other men whom 100

Qur’Énic Concept of Ideal Human Society

Israr Ahmad Khan

they consider superior to themselves (9:31). Thus, in reality there are only two choices: unity of God or plurality of gods. As for atheism, it is merely a fallacy; it does not exist in practical life. Islam invites man to believe in, love, obey and submit to the True One God (2:21). Submission to God signifies total and unconditional obedience to God’s commands. It is a life-long relationship man establishes with the Supreme Being. This relationship generates harmony in man’s life. He, therefore, hardly falls victim to dejection, disappointment, and depression, which may cause one or another psychological and social problems. One of the highest forms of practical manifestation of man’s submission to God is ÎolÉt through which man several times a day reiterates his pledge to remain loyal to God, and prepares himself mentally as well as physically for demonstrating this commitment in his daily life. Consequently, he develops strength to easily fend off criminal mentality. It is a universally established fact that those who are sincere to One True God are sincere to their own selves as well their fellow beings around them. Man’s commitment to Allah makes him commit to the society. Devotion to the Almighty creates a very healthy environment in the human settings. Love for God leads to love for humanity. Thus love, concern, commitment, and sincerity towards the society serve as keys to maintain integrity of human life. Probably, it is this wisdom that the Qur’Én refers to ÎolÉt as a shield with which man can comfortably defend himself against evil thoughts and actions.181 A society subscribing to the concept of obedience to God is the least vulnerable to social problems. Unity of God, which serves as the basis for man’s subservience to God, leads to unity of thought as well as unity of man. It is just as plurality of gods leads to disunity in thought and discrimination against members of a society merely on the basis of differences of color, cast, profession, and economic status. People of a society where sincerity of commitment to One True God forms the basis of life-pattern live in total harmony and peace. Such a 181

Translation of the Éyah concerned is “Behold, ÎolÉt prevents from loathsome deeds and from all that runs counter to reason”. (29:45).

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society may hardly find itself in a social dilemma. The Prophet Muhammad (s.a.w.) invited the people to submit to One True God in these words: “Say there is no deity but Allah, and blissful life is guaranteed for you”.182 When the Arabs responded to his call enmasse, strife-torn Arabian Peninsula turned into one unity, and the people therein experienced a new life in which the peace was the order of the day. During the first meeting between some people from preIslamic Madinah and the Prophet (s.a.w.), the former expressed their heartfelt wish to turn instability, insecurity, and volatility of situation in the city into stability, security of life, property and honor, as well as continuity of peace and tranquility: “We have left our people who are full of enmity and hatred against one another. Allah may unite them through you. After we go back to them, and call them to your message, which we have accepted. Should it happen that they accept it, you will be most honorable man for them”.183 History bears witness to it that the people of Madinah who were fed up of the life of insecurity and hostility accepted the message of God, submitted to Him unconditionally and wholeheartedly, and were united. What remained elusive for around a hundred years was achieved within no time only by accepting the supremacy of Allah theoretically and practically. 2. Intellectual Development and Freedom Man is an intellectual being. He has been granted faculties to observe, analyze, and reflect (16:78; 17:36). The more the use of these powers the stronger the man becomes intellectually. If these are suppressed due to any reason whatsoever, man will turn animal, which represents a life quite contrary to human standard.

182

Ahmad ibn ×anbal, Musnad (DÉr IÍyÉ’ al-TurÉth al-‘ArabÊ, Beirut, 1994), vol. 4, ÍadÊth no. 15593; vol. 5, ÍadÊth nos. 16168 & 18552; vol. 6, ÍadÊth nos. 22641 & 22681. 183 Ibn HishÉm, Al-SÊrah al-NabawÊyyah (DÉr IÍyÉ’ al-TurÉth al-‘ArabÊ, Beirut, 1997), vol. 2, p. 42.

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Israr Ahmad Khan

Human situations are bound to reflect either intellectual freedom or intellectual slavery. The former is boon and the latter is bane of human society. Intellectual freedom leads to all kinds of development ensuring social awareness of the people. Intellectual slavery mars the development, thus causing the people to behave like non-human beings. A society encouraging intellectual freedom to its members experiences man’s conquest of untouched vistas of knowledge. Intellectual development as a result of intellectual freedom is a state of life where society hardly makes mistakes in its judgment on what is right and what is wrong. If an individual makes a mistake, others come forward to rectify it. Once ‘Umar ibn al-KhaÏÏÉb, second leader of Islamic state in Arabian Peninsula after the last Prophet of Islam, Muhammad (s.a.w.), made a decision to standardize the amount of dower due to abuse of this provision in the society, but his decision was criticized by a lady citing revealed words (4:20), which allows the people to enjoy freedom in this matter. It was this criticism, which made the Caliph review his decision.184 To follow others blindly is an undesirable approach. It snatches away from man his own freedom to think, choose and act. Arabs during pre-Islamic period had almost suspended their power of discernment, due to which they were unable to see true nature of things. When they were invited by the Qur’Én to give up their abominable acts, they defended their position by the argument that they had inherited the traditions from their forefathers (2:170; 5:104; 7:28). It seems they had made their ancestors’ practices as criteria of something being right. Had they used their mind they would never have made the same observation. The Qur’Én makes it crystal clear that criminality is born from the non-use of mind (7:179). It exhorts its followers not to suspend their ability of reflection in any matter including purely religious ones

184

Fakhr al-DÊn Al-RÉzÊ, Al-TafsÊr al-KabÊr (Beirut: DÉr IÍyÉ’ al-TurÉth al-‘ArabÊ, 1995), Vol. 4, p.13.

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(25:73). The Qur’Én has warned mankind a number of times in these words: “Will you not, then, use your reason?” (e.g. 2:44, 76; 3:65; 6:32; 7:169 etc.). Qur’Énic invitation to man to exercise his intellectual ability in every matter, big or small, indicates that human development rests mainly upon proper and constant application of reason. 3. Full Blooming of Knowledge None can contest the idea that knowledge is light, which keeps its bearers to the right, and that ignorance is darkness, which invariably misguides its victim. Islam seeks to promote knowledge and stamp out ignorance from human life and thought. The very first revelation (96:15) the Prophet (s.a.w.) received consisted of the message concerning the significance of knowledge. 185 It may, then, be said that the very basis of ideal human life as sought by the Qur’Én is knowledge (‘ilm and ma‘rifah). In Islamic society people are barred from expressing views on any matter without knowledge (17:36). It is because mere speculation may wreak havoc with social relationship. Knowledgeable personalities deserve lofty rewards (58:11) because they maintain equilibrium in the society thus protecting it from chaos and disorder. Arabs who were addressed by the Prophet (s.a.w.) were almost illiterate. When he established a new society in Madinah based on Islamic principles, he made his effort as the leader to ensure that none remained illiterate. For that matter he had used expertise of even prisoners of war who were experts in the art of reading and writing Arabic language to teach Muslim children.186 After the demise of the Prophet (s.a.w.) the society in Arabian Peninsula witnessed emergence of new educational culture; almost every house and every mosque

185

The first revelation (96:1-5) uses three terms, reading (iqra’), teaching (‘allama), and pen (al-qalam), referring very clearly to the entire process of acquiring knowledge. 186 Ahmad b. ×anbal, Musnad (Beirut: DÉr IÍyÉ’ al-TurÉth al-‘ArabÊ, 1994) vol. 1, report serial no. 2217.

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turned into centers of learning. It is noteworthy that the education in these seminaries was free and easily accessible. One can see that the first revelation served as foundation stone of the civilization Prophet Muhammad (s.a.w.) established in Arabian Peninsula. Followers of Islam traveled far and wide to acquire knowledge. The first ten centuries of Islamic civilization are the golden era of human history. During this period culture of obtaining knowledge dominated the world. 4. Honor to Human Rights Human setting is essentially different from the environment animals dominate. Animals wrong one another because they have no way to recognize one another’s rights. Man recognizes well position of each and every single individual around him. It is this recognition, which leads man to respect others’ rights. De-recognition of and dishonor to human rights on the part of members of a society cause human society to turn into a jungle where individuals bully one another. The Qur’Én uses a comprehensive term “iÍsÉn” referring to human rights of all the individuals in human society, particularly parents, next of kin, neighbor, spouses, and the less fortunate (4:36). IÍsÉn signifies good treatment, generosity, kindness, cooperation, sympathy, benevolence etc.187 Another major human right is justice. The Qur’Én exhorts its followers to uphold justice in their dealings (16:90). A society where every individual is aware of the significance of justice and its application in daily life may not easily face social problems. Justice is not merely a principle to be applied in the court of law; it is a rule, which governs every act of a man. Once a companion of the Prophet (s.a.w.) requested the latter to be witness to his giving a gift to only one of his children as a mark of blessing. The Prophet 187

Muhammad b. Ya‘qËb Al-FÊrozÉbÉdÊ, Al-QÉmËs al-MuÍÊÏ (Beirut: DÉr IÍyÉ’ alTurÉth al-‘ArabÊ, 1997), vol. 2, p. 1564. The original statement of the linguist is: “iÍsÉn signifies all that is not offensive or hurtful”.

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turned down the request on the ground that it was a discrimination against other children of the companion.188 Individual freedom occupies an important place in human life. Once a newly married women expressed her desire to the Prophet (s.a.w.) to help her to get separated from her husband on the ground that he had beaten her severely, and the Prophet having realized the seriousness of the matter ordered the husband to divorce the woman.189 Islam honors individual freedom as long as it does not hurt others. When a Muslim woman who was married with several children got an opportunity, through a special legal provision, to choose between freedom from her husband and continuation of matrimonial relationship, she opted for freedom, which was honored by law.190 The last sermon of the Prophet (s.a.w.) appears to be a declaration on human rights. Its salient features are: 1) human life and property are inviolable, 2) a trust must be returned to its rightful owner, 3) usury based finance system is injustice hence it is to be abolished in its totality, 4) revenge killing (homicide) is forbidden and 5) spouses must respect one another’s rights.191 Historically, before this speech the Prophet (s.a.w.) had already established in the Arab land a society featuring the above-mentioned provision of human rights. This sermon was not to introduce these features afresh but to remind the audience of what they had already been taught. Many social problems, indeed, arise out of the human rights violation. If parents take notice of their children’s rights; children honor their parents’ rights; wife and husband are always mindful of 188

Muslim, ØaÍÊÍ [along with the commentary of al-NawwÊ], (Beirut: DÉr alMa‘rifah, 1997), vol. 6, kitÉb al-hibÉt, ÍadÊth nos. 4153-4163. 189 AbË DÉ’Ëd, Sunan (Beirut: DÉr al-Kutub al-‘IlmÊyyah, 1996), vol. 2, kitÉb alÏalÉq, ÍadÊth no. 2228. 190 ‘AlÊ b. Muhammad Ibn al-AthÊr, Usd al-GhÉbah FÊ Ma‘rifat al-ØaÍÉbah (Beirut: DÉr al-Ma‘rifah, 1997), vol. 5, pp. 228-229, serial no. 6777. The name of the woman is BarÊrah mawlÉt ‘Ó’ishah who was married, before her freedom from bondage, to another slave, MughÊth. 191 For the full text please, see Ibn HishÉm, Al-SÊrah al-NabawÊyyah (Beirut: DÉr IÍyÉ’ al-TurÉth al-‘ArabÊ, 1997) vol. 4, pp. 259-260.

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each other’s rights; and every individual respects others’ rights, there may hardly be any chaos in the society. 5. Predominance of High Moral Values Man is not a social animal as claimed by certain quarters. He is a human being endowed with moral dimension. His natural predisposition towards association with other individuals around him gives birth to a society. This social bond makes it imperative for him to choose the most appropriate principles of behavior in his interaction with the society. Application of inappropriate principles of behavior leads to socio-moral problems. One of the fundamental differences between human and animal is that of morality. The higher the moral standards practiced by individuals the stronger the social fabric. Existence of moral values in an environment keeps social problems away. Ja‘far ibn AbÊ ÙÉlib, leader of Muslim immigrants in Abyssinia during the very period of the Last Prophet (s.a.w.) had briefed the king Negus about how Islam revolutionized his and his fellow men in Makkah. His speech in the Negus’ court sheds light on the two pictures, life before Islam and the life after Islam.192 The former represented a situation dominated by inhuman behavior such as adultery, dishonor to relative, injustice to neighbor and exploitation of the weak, and the latter introduced to universally upheld moral principles taught by Islam such as truthfulness, honesty, trustworthiness, safeguarding chastity, keeping promises, total abstinence from debauchery, perjury and false witnessing etc. The Qur’Én at many places sketches the image of individuals it seeks to develop in a society. Such individuals possess high moral character; they are humble, avoid conflict, keep away from wasteful spending as well as niggardliness, do not kill any one unjustly, do not commit sexual offence, never bear witness falsely, never get involved

192

Ibn HishÉm, op. cit., vol. 1, pp. 373-374.

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in what is frivolous, maintain their dignity, honor their promises and trusts, help others around them, and are always conscious of their responsibilities towards their children and subordinates (17:23-36; 23:1-10; 25:63-74 etc.). The Prophet (s.a.w.) time and again would remind his followers of excellent human conducts. The following exhortation of the Prophet (s.a.w.) speaks volumes of his concern and effort to orientate the people towards an ideal approach and activities. “Keep away from assumption as it represents worst lie; do not unnecessarily probe into others’ life, do not spy on others, do not hate one another, do not play tricks against one another, do not develop jealousy against one another, do not harbor mutual enmity, and become, O servants of Allah, brethren”.193 6. Prosperity and Well-Being Poverty serves more often than not as a breeding ground for problems at both individual and social levels. Theft, robbery, misappropriation in orphan’s property, fraud in monetary transaction etc were common features of Arabian Peninsula before Islam. This situation seems to have been caused by the general poverty in the land. When the people submitted to Islamic values, they witnessed the emergence of a new phenomenon in which the poverty had no chance to creep into life. Distribution of zakÉt-money among the people below the poverty line has been prescribed for the rich (9:60) so as to eradicate poverty and enable the needy to gradually become self-reliant. By declaring trade activities as legal (2:275), the Qur’Én has actually invited rather encouraged people to develop and expand the trade infrastructure leading them to unprecedented prosperity.

193

Al-BukhÉrÊ, ØaÍÊÍ, vol. 4, kitÉb al-adab, ÍadÊth no. 6066.

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The Prophet’s (s.a.w.) statement----“the upper hand is better than the lower hand”194----discourages his followers from begging and encourage them to be self-sufficient. Once a man who had turned a professional beggar came to the Prophet (s.a.w.) begging. The Prophet had the beggar’s bowel sold and asked him to purchase an axe with which to cut wood and earn his livelihood by selling the wood in the market. The man acted upon the advice of the Leader (s.a.w.) and very soon became self-reliant.195 Islam takes many steps to prevent prosperity turning into poverty. It prohibits lavish spending as well as niggardliness (25:67). It prescribes a very well defined system of property distribution (4:1114), which ensures non-concentration of wealth into few hands. Prosperity is very much dependent upon, among other things, rotation of wealth and its equitable distribution among the people concerned. Pre-Islamic Arabs, according to their decades old tradition, would bar minor children and female heirs of the deceased from inheriting the property, which would result in the orphans being thrown into the street to turn later on criminals. The law of inheritance as prescribed by Islam ensures no wrong doing to anyone. Many virtuous acts such as feeding the hungry, helping the needy, expiation of certain acts (kaffÉrah), liberating slaves and bonded labors, building mosques, managing educational institutions, and other welfare programs, demand that the people work hard so as to be able to participate in the above-mentioned activities. History stands witness to the fact that during the time of the second caliph, ‘Umar ibn al-KhaÏÏÉb, the subject became so prosperous that there were hardly people who deserved to receive their share in charity. It means the unfortunate section of the society living at the poverty line and below it reached at par with other classes enjoying comfortable life.

194 195

Al-BukhÉrÊ, ØaÍÊÍ, vol. 2, kitÉb al-waÎÉyÉ, ÍadÊth no. 2750. AbË DÉ’Ëd, Sunan, vol. 1, kitÉb al-ZakÉt, ÍadÊth no. 1641.

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7. Men and Women: Equitable Standing Certain problems such as husband-wife conflict, sexism, wife bashing, abuse of female children and increase in divorce arise out of a misconception that woman is inferior to man. Man’s superiority complex compels him to treat woman according to the dictates of his wish and whims hence exploitation of woman. In pre-Islamic Arabia woman was at one extreme of exploitation and in the modern times she is at another extreme of exploitation. In both the cases she is playing in the hands of man as a tool of pleasure, though the modern man names it woman’s liberation. According to Islamic scheme, woman is neither a sex tool nor an object of pleasure for men in the society. It grants her highly honorable social positions of mother, wife, daughter, sister, friend, and co-partner in the life etc just as it places man in the society as father, husband, son, brother, and co-partner. These two different sets of positions are complementary to each other; none can exist in isolation of the other. Family constitutes society in miniature. Man and woman are co-players on the stage of that nucleus theatre of life. Family and society are bound to total failure if both man and woman are not provided equitable opportunities to play their respective role in their different capacities. Man has certain rights and duties; woman has certain rights and duties. These rights and duties have been well defined in the light of their respective positions they hold in the family and society. Man has right to live and enjoy life, to own, sell and buy properties, to develop his own self intellectually and educationally, to contribute towards the growth of the society, to choose and determine profession, and to excel in every field of life including spirituality. Woman has been given the same rights. She is not behind the man in terms of her social, economic, educational, intellectual, political, religious and cultural rights. Man’s rights over woman form the duties of woman and woman’s rights over man form the duties of man. Thus none is superior or inferior to the other. Both are just like two wheels of the life-cart, which cannot be dragged only on the basis of one single wheel. 110


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The Qur’Én’s address ‘O people’ (yÉ ayyuhÉ al-nÉs) comprises both man and woman. The Qur’Én invites them both to build an ideal human civilization where none is wronged and everyone has easy access to all the opportunities to grow and excel (28:77). 8. Collectivism Modern philosophy of individualism has undoubtedly given birth to innumerable problems turning human setting into animal grouping where every individual wants to seize the opportunity for himself/ herself at the cost of others. In this approach individual is of prime value and the society is merely a tool to meet individual’s ends. It is due to the influence of this principle that the society today is on the verge of its collapse. Islam strikes balance between individuals and the society. It does not allow individuals to exploit the society, nor it permits the society to block the progress of individuals. The society Islam has established on the earth and still cherishes to set up is based on collectivism according to which all the individuals share with and care for one another. An individual’s problems become the problems of the entire society. The Madinan Islamic society formed by the Prophet (s.a.w.) was a well-knit society, whose individuals were emotionally and mentally related to one another. The Prophet (s.a.w.) himself draws a picture of that society in these words: “See the believers; they are like one single body in their mutual interaction based on compassion, love and sympathy; when any its organs suffers, the whole body falls sick with sleeplessness and fever”.196 Members of Islamic society form one single fraternity. The Qur’Én declares: “All believers form a single brotherhood” (49:10). It was this concept, which made every individual of that society feel concerned about others. The dispute among Ja‘far ibn AbÊ ÙÉlib, ‘Ali 196

Al-BukhÉrÊ, ØaÍÊÍ, vol. 4, kitÉb al-adab, hadÊth no. 6011.

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ibn AbÊ ÙÉlib and Zaid ibn ×Érithah over the custodianship of the orphaned daughter of ×amzah ibn ‘Abd al-MuÏÏalib, who had been martyred in the battle of uÍud is a spectacular example of collectivism in the society the Prophet had developed. 197 It was not an isolated case of compassion and sympathy; the whole society invariably used to rise to help those who were in need. Incidence of suicide is almost non-existent in Muslim society. It seems the main reason of the absence of this painful problem is the principle of collectivism. The individuals in a society based on the Qur’Énic principles do suffer from mental tension and, at times, from depression, but the state of their tension and depression is hardly as serious as to lead to total dejection, which ultimately serves as a prelude to self-killing. It is because the whole society comes to the rescue of the people concerned; individual problems turn collective problems that are resolved by collective effort. The spirit of collectivism works as a catalyst overpowering the attitude of hatred, ill will, vengeance, backbiting, blackmailing, jealousy and rivalry. These negative feelings breed and grow only when the members of a society live in isolation of one another, and rarely interact among themselves. 9. Multi-Culturalism Every society from the time immemorial consists of various elements reflecting multiplicity of color, cast, creed and culture. These different components are equally responsible for maintaining the integrity of the society. Their mutual understanding, tolerance, and respect of each other ensure peace and harmony. If they behave intolerably and disrespectfully among themselves, the social fabric is sure to get ruined. Communal hatred and intolerance lead to communal

197

Ibid., vol. 2, kitÉb al-ÎulÍ, hadÊth no. 2699.

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violence, gangsterism, and terrorism, thus putting the societal and national integrity and security at stake. Islam does not allow its followers to coerce others into accepting its faith and life-principles (2:56). An Individual or a group of people with a faith other than Islam in a Muslim nation, who prefer to continue with their own belief-system and religious practices, have their right to do so without any fear of persecution at the hands of Muslim government, agencies or individuals. If they want to enter the fold of Islam voluntarily and consciously, they are most welcome. Members of an Islamic society do not condemn or revile other religious and cultural entities’ goddesses. The Qur’Én exhorts them not to resort to such confrontational approach because it will hurt the feelings of non-Muslims and they may do tit for tat by using bad words for Allah (6:108), and this will most certainly enrage Muslims plunging the nation into chaos. Cooperation between Muslims and non-Muslims on certain common program is highly desirable.198 The title non-Muslim is not synonymous with enemy. The term enemy is applicable to those who, regardless of their ethnic, cultural and religious background, revolt against Allah and His law. Enmity (kufr, shirk, nifÉq) against Islam is a qualified trait. It might be available even with someone or some people within the Muslim community itself (63:1-4). Relationship between Muslims and non-Muslims is based on kindness, reverence, beneficence, generosity, justice and probity (60:8). The Prophet (s.a.w.) and his followers had established very close relationship with the Jews in Madinah. The historical agreement between Muslims and the Jews during the Prophet’s (s.a.w.) life speaks volumes of the nature of relationship the Prophet wanted his followers and the people of the Book to develop. In the said agreement the Muslims and the Jews had been declared in no uncertain terms as

198

It is clear from the Prophet’s (s.a.w.) appreciation of people’s alliance for peace, a historical event in Arabia before Islam, which is known as Íilf al-fuÌËl. For the detail see: Ibn HishÉm, Al-SÊrah al-NabawÊyyah, vol. 1, pp. 169-172.

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the constituents of ‘one ummah’. Jews, according to the accord, enjoyed full freedom to practice their own religion. Their life, property and honor were as sacred and inviolable as others’ including Muslims’.199 Conclusion Man has failed to develop values and principles that can ensure his development as individual and society. It has rather been witnessed that whenever man tried to come up with his own principles for human behavior, he caused havoc to human social fabric. The reason is very simple. Man is devoid of comprehensive knowledge of his existence and problems. If there is anyone who is all-knowing and all-wise, it is Allah, the Creator, the Sustainer, the Provider, and the Controller of the universe from all angles. He alone can, then, prescribe principles of human individual and social behavior. Total submission to Allah, dominance of absolute moral values, full blooming of knowledge etc. are all what the Qur’an has prescribed as the basic principles of human societies. It is these principles that can ensure harmony in human life, whereas other principles as suggested by man cause disharmony hence all kinds of problems.

199

Muhammad Sa‘Êd RamaÌÉn Al-BËÏÊ, Fiqh al-SÊrah (Damascus: DÉr al-Fikr, 1990), pp. 204-205.

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References: AbË DÉ’Ëd, (1996). Sunan. Beirut: DÉr al-Kutub al-‘IlmÊyyah. Ahmad ibn ×anbal. (1994). Musnad. Beirut: DÉr IÍyÉ’ al-TurÉth al‘ArabÊ. Al-BËÏÊ, Muhammad Sa‘Êd RamaÌÉn. (1990). Damascus: DÉr al-Fikr.

Fiqh

al-SÊrah.

Al-BukhÉrÊ, AbË ‘Abd Allah MuÍammad ibn ’IsmÉ‘Êl. (1400AH). ØaÍÊÍ. Beirut: DÉr Iíya’ al-TurÉth al-‘ArabÊ. Al-FÊrozÉbÉdÊ, Muhammad b. Ya‘qËb. (1997). Al-QÉmËs al-MuÍÊÏ. Vol. 2. Beirut: DÉr IÍyÉ’ al-TurÉth al-‘ArabÊ. Al-RÉzÊ, Fakhr al-DÊn. Al-TafsÊr al-KabÊr. Beirut: DÉr IÍyÉ’ al-TurÉth al-‘ArabÊ. Ibn al-AthÊr, ‘AlÊ b. Muhammad. (1997). Usd al-GhÉbah FÊ Ma‘rifat al-ØaÍÉbah. Beirut: DÉr al-Ma‘rifah. Ibn HishÉm. (1997). Al-SÊrah al-NabawÊyyah. Vol. 2. DÉr IÍyÉ’ alTurÉth al-‘ArabÊ. Ibn HishÉm. Al-SÊrah al-NabawÊyyah. Beirut: DÉr IÍyÉ’ al-TurÉth al‘ArabÊ. Muslim, ØaÍÊÍ [along with the commentary of al-NawwÊ]. Beirut: DÉr al-Ma‘rifah.

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The Essential Role of IsnÉd in Preserving Islamic Civilization Habeeb Rahman Ibramsa* Abstract The Qur’Én and ×adÊth serve as sources of Islamic thought and life. Islamic civilization is based on these two sources. The Qur’Én is free from any interpolations and modifications; it is beyond any doubt as original as delivered by the last Prophet (s.a.w.) to his followers. Due to some known reasons ×adÊth was targeted to smear its original face. But Muslim scholars like always rose to the occasion to ensure the authenticity of ×adÊth literature. They devised a unique system of verifying and thus preserving original sayings and doings of the Last Prophet (s.a.w.). They were aware of the fact the preservation of the originality of ×adÊth was preservation of the second significant source of Islamic thought and life. The system they developed for that matter is known in ×adÊth Studies terminology as isnÉd (chain of narrators). After thorough deliberation over and deep investigation into the viability of the isnÉd system, they reached the conclusion that the veracity of any information rests very much on the veracity of the reporters; if the reporters are reliable in their character as well as memorization, the report should be acceptable as authentic. Likewise, they concluded that weak character and fallible memory render the material reported unreliable. Muslim ummah has consensus of opinion on this principle. The present paper is devoted to highlight the significance of isnÉd in preserving ×adÊth and thus in preserving Islamic thought and life. Keywords: Islam, ×adÊth, IsnÉd, and Civilization.

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Introduction Islamic civilization has its own unique features derived from the Qur’Én and ×adÊth. It is quite logical to claim that preservation of Islamic civilization is very much dependent on the preservation of the two sacred sources. Any lacuna in dealing with and understanding the sources will lead to misunderstanding and also misrepresenting Islamic thought and life. As for the Qur’Én, despite all the vicissitudes occurred during the last fifteen centuries, it is still as fresh and original today as it was during the time of its revelation. But ×adÊth as the second source of Islamic civilization failed, to some extent, to escape the invasion on its originality. Muslim scholars, right from the time after the demise of the last Prophet (s.a.w.), remained alert and conscious of the vulnerability of ×adÊth treasure. They did not remain silent spectators to the onslaught on ×adÊth and did what they were required to do in order to ascertain the authenticity and originality of sayings and doings of the Last Prophet (s.a.w.). The unique contribution of Muslim scholars to preserve the authenticity of ×adÊth was and still is what is known as isnÉd. They considered it very basis of Islamic thought and life. It seems quite pertinent to discuss what signifies civilization and hence Islamic civilization, and also the background in which ×adÊth came under attack. Therefore the paper will comprise three sections, discussion on civilization, historical background of onslaught on ×adÊth, and in the end significance of isnÉd. Significance of Islamic Civilization In order to understand Islamic civilization it is necessary to have a look what constitutes civilization in general. The word "Civilization" (madaniyyah), which refers to civic or urban life, in Arabic is the opposite of the word "Bedouinism" (badawiyyah) which denotes nomadic life. People who live in cities, towns and villages are urban dwellers, whereas, people who lead Bedouin life are those who move from one place to another in search of water and pasture. The Bedouins are, therefore notorious for their savagery, harshness, and ignorance. 118

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Habeeb Rahman Ibramsa

It is noteworthy that Allah did not raise any Prophet from among them. Instead, all the prophets raised were urban dwellers. Allah said to the Last Prophet (s.a.w.): "And We have not sent before you any but men, whom did We inspire, from among the people of the towns."200 The reason behind this preference for towns’ people is that they are more knowledgeable and patient in comparison with the Bedouin people. Commentators of the Qur’Én supported this opinion and regarded it as a fact that has no controversy. The Bedouins are referred to as the hard-hearted people. ImÉm al-ÙabranÊ recorded saying of the Prophet (s.a.w.) on the authority of Ibn Abbas: ٍ ‫َع ِن ابْ ِن َعَّب‬ .‫ِت‬ َ َ‫ ق‬،ُ‫اس َرفَ َعه‬ َّ ‫ َوَم ِن ات ََّب َع‬،‫م ْن بَ َدا َج َفا‬: ُّ ‫ َوَم ْن أَتَى‬،‫الصْي َد َغ َف َل‬ َ ُِ‫الس ْلطَا َن افْ ت‬ َ ‫ال‬ “He who lives in the desert becomes hard-hearted, he who follows the game becomes heedless, and he who associates with the rulers falls into trouble.”201 ImÉm AÍmad has recorded another report on the authority of Ibn ‘AbbÉs: ِ ِ ‫اس أ ََّن أَعرابِيًّا وه‬ ِ ِ ٍ َّ‫عَ ِن ابْ ِن عَب‬ ‫ال‬ َ َ‫ال ََل ق‬ َ َ‫يت ق‬ َ ‫صلَّى اللَّهُ عَلَيْه َو َسلَّ َم هبَةً فَأَثَابَهُ عَلَيْ َها قَا َل َرض‬ ِّ ِ‫ب للن‬ َ ‫َِّب‬ َ َ َ َْ ِ ِ ُ ‫ال رس‬ ِ َ َ‫ال فَز َاده ق‬ ِ َ َ‫فَز َاده ق‬ ‫ت أَ ْن‬ َ َ‫ال نَ َع ْم ق‬ َ َ‫يت ق‬ َ َ‫يت ق‬ ُ ْْ َََ ‫صلَّى اللَّهُ َعلَْيه َو َسلَّ َم لََق ْد‬ َ ‫ال َرض‬ َ ‫ال َرض‬ َ ‫ول اللَّه‬ ُ َ َ َ‫ال ََل ق‬ ُ َ ُ َ َ ‫ال فَ َق‬ ِ ِ ِ ِ ِ ِ َّ ‫ي أ َْو ثَ َق ِف ٍّي‬ ‫ر‬ ‫ا‬ ‫ص‬ ‫ن‬ َ ‫أ‬ ‫َو‬ ‫أ‬ ‫ي‬ ‫ش‬ ‫ر‬ ‫ق‬ ‫ن‬ ‫م‬ ‫َل‬ ‫إ‬ ‫ة‬ ‫ب‬ ‫ه‬ ‫ب‬ ‫َّت‬ ٍّ َ ْ ْ ٍّ َُ ْ ً َ َ َّ َ‫ََل أ‬ ''A Bedouin presented to the Prophet (s.a.w.) a gift. In return the Prophet (s.a.w.) also gave him something and asked whether he was satisfied. The Bedouin replied in the negative. The Prophet (s.a.w.), then, gave him some more and asked whether he was happy. When the Bedouin answered in the negative, the Prophet (s.a.w.) granted him some more; and when he asked the man whether he was contented, the Bedouin’s answer was positive. The Prophet (s.a.w.),

200

. SËrah YËsuf: 12:109. Al-ÙabrÉnÊ, Al-MuÑjam al-KabÊr (N.p.: Maktabah al-‘UlËm al-Íukum, 1983), v. 9, p.207. 201

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then, said: “I almost decided not to accept a gift except from someone from Qurayish, the AnÎÉr or ThaqÉfÊ.”202 This is because Qurayish, AnÎÉr, and ThaqÉfÊ lived in cities, Makkah, Ta'if, Madinah and Yemen, hence their approach was certainly more sophisticated and civilized than that of ill-mannered Bedouins. Islam dawned to bring people from darkness to light. Bedouin life may be likened to darkness and civilized life to light. The Qur’Én sought to liberate the people from Bedouin life to civilized one: "The Bedouin Arabs are the worst in unbelief and hypocrisy, and most fitted to be in ignorance of the command which Allah hath sent down to His Messenger: but Allah is All-Knowing, All-Wise."203 It is quite right that the Qur’Én had excluded a group of them by saying: "But some of the Bedouin Arabs believe in Allah and the Last Day, and look on their payments as pious gifts bringing them nearer to Allah and obtaining the prayers of the Messenger."204 But what is proved in the verse represents the general characteristic disposition. This factual generalization was cemented by the Prophet's (s.a.w) words: ‫ من بدا جفا‬: ‫ قال رسول اهلل صلى اهلل عليه سومل‬: ‫عن الرباء قال‬ "He who belongs to the Bedouin is most likely harsh and hard at heart" 205 A Bedouin who was unaware of the rules and regulations of private and public acts bothered least when he openly began urinating in one corner of the mosque regardless of the sanctity of mosque and presence of the people over there including the Prophet (s.a.w.) and his 202 203 204 205

Ahmad, Musnad (Cairo: Mu’wassasah Qurtubah, n.d.), v. 4, p. 424. SËrah al-Tawbah: 9:97. SËrah al-Tawbah: 9:99.. AbË YaÑlÉ, Musnad(DÉmishq: DÉr al-MÉmËn li al-TurÉth, 1984), v. 3, p.215.

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ÎaÍÉbah. Yet when people shouted at the Bedouin, the Prophet (s.a.w) stopped them and excused his ignorance and Bedouinism advising his ÎaÍÉbah: "Wait until he finishes his urinating and then spill a bucket of water over the place, for you have been sent to make things easy and not to make them difficult." 206 On the other hand, we could see the approach of another Muslim who was oriented, refined and purified by the Prophet (s.a.w.). In a dialogue between him and Rustum, the leader of the Persian armies, he showed his sophistication in this manner: ‫ اهلل ابتعثنا واهلل جاء بنا لنخرج من شاء من عبادة العباد إىل عبادة اهلل ومن ضيق الدنيا إىل‬...... ........... ‫سعتها ومن جور األديان إىل عدل اإلسالم‬ "We were sent by Allah to bring out whom He wills from the worship of His slaves to His Worship alone, from the straitened world to the vast one, and from the injustice of religions to the justice of Islam "207 Undoubtedly, Islam was and still is aimed at establishing an ideal human civilization on the surface of the earth. Its objective is to elevate the life of man and set him free from the bondage of Bedouinism, and lead him to the setting of civilization. It is necessary to emphasize here that the civilization that Islam seeks to build is unlike any other civilizations which focus merely on the materialistic aspects of life as well as the bodily and sensuous side of man. Moreover, these civilizations concentrated on the immediate pleasures of life, making worldly affairs their primary concern and the destination of their knowledge, and left no room for Allah or the Hereafter in their philosophy or in their cultural and educational system.

206

Reported by Al-BukhÉrÊ in the book of Ablution, AbË Dawud, Sunan, ×adÊth No. 380, and Al-TirmidhÊ, Sunan, ×adÊth No. 147 . All on the authority of Abu Hurairah. 207 Al-Ùabari, TÉrÊkh al-Umam wa al-Rusul wa al-Muluk(BeirËt: DÉr al-kutub al‘ilmiyyah, 1407AH), v. 2, p. 401.

121


On the contrary, the Civilization of Islam has united man to Allah and earth to heaven. It has inspired man to prepare for the life in the Hereafter; it has struck a balance between the mind and the heart; it has wedded science to faith and has cherished ethical sublimity as much as materialistic development. Islamic civilization is not one-sided; it is rather a blend of both moral and material values. Truly, it is the civilization of balance and moderation. Almighty Allah described this ideal civilization in these words: "And so We have appointed you as a just and distinguished nation."208 At another place the Qur’Én categorically refers to the process of creating and developing Islamic civilization: "It is He Who has sent amongst the Unlettered a Messenger from among themselves, to rehearse to them His Signs, to purify them, and to instruct them in the Book and the wisdom - although they had been, before, in manifest error."209 This process of teaching the Qur’Én and the Sunnah created what we might call a civilized consciousness, knowledge, and manual of life for the entire human being. Muslims during the life time of the Prophet (s.a.w.) undoubtedly witnessed the development of this civilization and had fairly enjoyed it in their daily life. During the lifetime of the Prophet, his ÎaÍÉbah used to refer to him directly, when quoting a piece of knowledge or message. Incidents of forging of information on the authority of the Prophet Muhammad were almost non-existent at the time of the Prophet because the Muslims of his time understood well the consequence of attributing anything falsely to the Prophet. The Prophet’s ÎaÍÉbah took the sayings of their Prophet very seriously, and no hypocrite would dare to ascribe to the Prophet that which he did not say. Even if someone lied

208 209

SËrah al-Baqarah: 2:143. SËrah al-JumuÑah: 62:2.

122



about the Prophet, he did not survive long enough, as this following incident suggests: Ibn ‘Adi transmitted on the authority of Buraida ibn Hussaib alAslami, that in the pre-Islamic era a man wanted to marry in the tribe of Bani Laith which had been living a mile away from Madina. But the tribe did not concede to his will. Later he visited them dressed in a fine garment. He told them: ‘The Prophet gave me this garment and authorized me to judge among you in all issues regarding money and soul.’ Then he came to the woman who he wanted to marry. The people of the tribe sent someone to the Prophet who instantly said: ‘The enemy of Allah has lied.’ Then the Prophet deputized a man and instructed him: ‘Kill him if you find him alive and burn him if you find him dead.’ The man came to the spot and discovered that he was already dead of snake’s bite. So he burnt him.210 The ÎaÍÉbah, during the life time of Prophet Muhammad, were well guided by the Prophet. They had wholeheartedly respected and obeyed legal injunctions and cultural instructions from the Prophet that would uplift them from darkness to the civilized society. In cases of disagreements among themselves they easily found solution from the Prophet Muhammad (s.a.w). Early Disagreements Differences in the ummah arose very soon after the death of the Prophet (s.a.w). Up to that time, the ummah was united in every matter, small and big, for they had direct recourse to the Prophet (s.a.w) himself to resolve any disagreements which occurred. The first difference occurred at the time of the Prophet's (s.a.w) death. Some people thought that he had not died, but that Allah had raised him up, just as He raised up Jesus. The difference was allayed by Abu Bakr, who recited to people the verse:

210

Al-Ruyani, Musnad al-Ruyani (BeirËt: DÉr al-kutub al-‘ilmiyyah, 1997), v.1, p.75.

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"You shall die, and they shall die."211 and told them, "Whoever was worshipping Muhammad, then Muhammad died, and whoever was worshipping the Lord of Muhammad, then He is living and does not die."212 Then, they differed regarding where the Prophet (s.a.w) should be buried. The people of Makkah wanted to take him back to Makkah, since that had been the place of his birth and appointment to prophethood, as well as the location of his ancestor Ismaìl's grave, and the qiblah. The people of Madinah wanted to bury him in Madinah itself, since it was the destination of his migration and the home of his Helpers (the Ansar). Others thought he should be taken to Jerusalem and buried there next to his forefather Abraham (peace be upon him). Once more, it was Abu Bakr who solved the problem. He narrated the ÍadÊth, "The Prophets are buried where they die." Thus, they buried him in his room in Madinah.213 The next difference was with regard to leadership. The AnÎÉr wanted to pledge allegiance to Sa`d ibn Ùbadah al-Khazraji, while the Quraysh said that leadership must come from the Quraysh. The AnÎÉr submitted when they were related the ÍadÊth, "The leaders are from Quraysh." Next, they differed regarding inheritance of the land of Fadak. This was a piece of land which the Prophet had acquired as a form of booty, and which he retained during his lifetime. When he passed away, Àli (may Allah be pleased with him) said that the Prophet (s.a.w) had assigned it to Fatimah (may Allah be pleased with her) during his lifetime. Al- ÀbbÉs denied this. Once more, it was Abu Bakr who passed judgment, ruling that it could not be inherited because of the ÍadÊth, "The Prophets do not leave behind inheritance." Later, after the death of Abu Bakr (may Allah be pleased with him),

211

SËrah al-Zumar : 30. Ibn KathÊr, Al-BidÉyah wa al-NihÉyah (Al-QÉhirah: DÉr al-Fajr li al-TurÉth, 2003), v. 5, p. 242. 213 Ibid., p. 266. 212

124



Ùmr allowed al-ÀbbÉs and Àli to supervise the land, but not to own it.214 The early Muslims differed also over the course of action against those people who refused to pay Zakat. Abu Bakr was in favor of fighting them until they paid it. Ùmr disagreed, citing the ÍadÊth, "I have been ordered to fight people until they testify that there is no god but Allah, and that Muhammad is the Messenger of Allah, and [until] they establish Øalat and give zakat. Then, if they do that, they have secured their lives and their property from me, except in the cause of Islamic justice, and their reckoning is with Allah, the Mighty, the Majestic." He proposed that these people's lives were sacrosanct because they had said "Ls ilÉha illa Allah." Abu Bakr responded, "I will surely fight against those who make a distinction between salah and zakat." Eventually, Ùmr also came around to see the truth in Abu Bakr's position.215 After this, the ÎaÍÉbah were busy fighting Tulayhah ibn Khuwaylid al-Asadi, who had apostatized, but who later returned to Islam in the time of Ùmar. He repented, and witnessed the battles of Qadisiyyah, and of Nahawand, where he was martyred, may Allah be pleased with him. They also fought Musaylimah, the Liar, Sajah bint al-Harith and Aswad ibn Zayd al-Ànsi, who all laid claim to Prophethood, as well as all the rest of the Arabs who apostasized after the Prophet's (s.a.w) death.216 The Great Fitnah After this, they fought the Romans and the Persians. They won these conquests, and at this time were still united in issues of ‘aqÊdah. They differed only in peripheral issues of fiqh, such as the inheritance of a grandmother. Matters continued in this manner throughout the reigns of Abu Bakr and Ùmr, and for six years of ÙthmÉn's reign. 214 215 216

Ibid., p. 285. Ibid., v.6, p. 311. Ibid.

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They, for about three decades had enjoyed the values Islamic civilization taught by the Prophet, through which they established noble society. They with full confident disseminated the knowledge to the people. 36 H was the dark year for the history of Islamic civilization. The peace and hormonal life that enjoyed by the Muslim suddenly shaken in this year, due to severe challenges and later created national turmoil and deviation in the society. Such disorder is something prophesied by the Prophet Muhammad (s.a.w) when he had said “Tribulation will come from there” and he pointed towards the East. One could clearly determine the location of the emergence of this tribulation. In another occasion the Prophet (s.a.w) pointed out one of his ÎaÍÉbah, namely ‘UthmÉn ibn ‘AffÉn, will directly involve in this tribulation. ‫ ذكر رس ول اهلل صلى اهلل عليه و سلم فتنة فقال يقتل فيها هذا مظلوما لعثْان‬: ‫عن ابن عْر قال‬ ImÉm al-TirmidhÊ reported on the authority of Ibn ‘Umr that the Messenger of Allah mentioned about a mischief and he had said about ‘Uthman: “This one will be wrongfully killed”.217 ‫ أن النِب صلى اهلل عليه و سلم قال يا عثْان إنه لعل اهلل يقْصك قْيصا فإن أرادوك‬: ‫عن عائشة‬ ‫على خلعه فال ختلعه هلم‬ In another report ImÉm al-TirmidhÊ reported in regard to such prophecy that the Prophet (s.a.w) said: “Perhaps Allah will robe you in a garment, so if the hypocrites wish to strip it off you, do not take it off you until you meet me”.218 A siege began of ‘UthmÉn’s house, he was prevented from coming out of his house and eventually the water supply was cut off. A number of ÎaÍÉbah including Hasan, Hussayn, Muhammad ibn ÙalÍa, ‘Abdullah ibn Zubayr (may Allah be pleased with them) guarded the house and some of them were wounded in a fight with the rebels

217 218

Al-TirmidhÊ, Sunan (BeirËt: DÉr al-kutub al-‘Ilmiyyah, 2006), v. 5, p. 630. Al-TirmidhÊ, Sunan, v. 5, p. 628.

126



‘UthmÉn requested that those who were defending him should leave, and rejected repeated offers of assistance from various ÎaÍÉbah (including Abu Hurayrah and Zayd ibn Thabit). ‘UthmÉn said: “I ask those who believe they owe me obedience to hold back their hands and their weapons… I have no need of any defense” ‫قال عثْان يوم الدار إن رسول اله صلى اهلل عليه و سلم قد عهد إيل عهدا فأنا صابر عليه‬ He also said: The Prophet (s.a.w) made a covenant with me and I will be patient with it.219 Ahmed ibn ×anbal narrated that during the siege ‘UthmÉn said: ‫إين رأيت رسول اهلل صلى اهلل عليه و سلم يف املنام وأبا بكر وعْر وأهنم قالوا يل اصرب فأنك تفطر‬ ‫عندنا القابلة مث دعا مبصحف فنشره بني يديه فقتل وهو بني يديه‬ “I saw the Messenger of Allah, (s.a.w) in a dream, and I saw AbË Bakr and ‘Umar. They told me, ‘Be patient, you will breakfast with us tomorrow’. Then he called for a Qur’Én and he spread it open before him”.220 At this point, the rebels came to murder him. At the time, ‘UthmÉn was reading the Qur’Én and his blood dropped on the verse: ‘So Allah is sufficient for you against them’. ‘UthmÉn was martyred at the aged of 82 in the month of Dhul ×ijjah in 35 H. He was buried three days after his martyrdom. May Allah have mercy upon his soul. Consequence of UthmÉn’s Assassination The consequences of ‘Uthmān’s martyrdom and disputes among the Muslims were far reaching. Al–‘Arabi, mentions that after the assassination, Madina was in the grip of the rebels with Ghāfiqi ibn Ḥarb Akki in charge. They offered the Caliph to Tạlhạ and then Zubair, but both refused. Eventually the bayÑah was given to ‘Alī. The ÎaÍÉbah disagreed over what should be the fate of his murderers. Àli

219 220

Al-TirmidhÊ, Sunan, v. 5, p. 631. Ibn KathÊr, Al-BidÉyah wa al-NihÉyah, v. 7, p. 183.

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(may Allah be pleased with him) was of the opinion that the Caliphate should be reestablished before bringing the murderers to justice, since law and order and stability have a higher priority. Muàwiyah (may Allah be pleased with him) thought that the people who had committed such a heinous crime as murdering the Caliph should be brought to justice immediately, and that the current Caliph's (i.e. Ali's) permission was not needed, because Allah has said, (meaning), "Whoever is killed unjustly, We have given authority to his representative." Both of them were qualified mujtahids, and they were fighting on the basis of the resulting disagreement, and so we do not criticize either of them, although Ali was correct. Several prominent Sahabah were on both sides. For example, À'ishah, Talhah and Zubayr were initially on the side of Muàwiyah. Others, such as Àbdullah ibn Ùmar, chose to remain neutral. Some people at the time condemned one or both groups. Two battles, the Battle of the Camel and the Battle of Siffin were fought resulting in the deaths of tens of thousands of Muslims. Abu Musa al-AshàrÊ and Àmr ibn al-Às were then appointed as arbitrators between ‘Alī and Mu’āwiyah, and people differed in their decision towards them also. ‘Uthmān’s murderers turned against ‘Alī, and pronouncing him and Mu’āwiyah to be kuffar. Hence the first sect of Islam – the Khawarij emerged as a result of the killing of ‘Uthmān.221 In brief, most of the Caliphate of ‘Ali was taken up with the civil war that began due to the assassination of Uthman. Hence another consequence of ‘Uthman’s assassination was that the military conquests that were continuing unabated during the time of Abu Bakr, ‘Umar, and ‘Uthman, almost grind to a halt during the Caliphate of ‘Ali.

221

The Khawarij believed that Muàwiyah (may Allah be pleased with him) had committed kufr by fighting against the Caliph, and that Àli (may Allah be pleased with him) had also committed kufr by agreeing to an arbitration. They were a strictly religious group who believed that any sin was kufr. They eventually fragmented into around twenty sects, each accusing the others of kufr. The IbÉdiyyah is one of these sects, and remnants of them can be found to this day in Oman and North Africa.

128



Islamic civilization at risk Continuous growth of religious and political sects jeopardizes healthy development of the Islamic civilization. After the death of the fourth caliph, AlÊ ibn AbÊ ÙÉlib, many political as well as religious sects began to tremendously grow. This phenomenon was one of the main factors that caused the pure Islamic knowledge and heritage inherited from the Prophet Muhammad (s.a.w), intermingle with the foreign culture. Therefore, the need to verify the ÍadÊth rose because various sects appeared among the Muslims who fabricated ÍadÊth, in order to support their deviant views and heretical philosophies. By innate divergence and mutual hatred in a society is serious disease that would halt, alter and distort aspects of the civilization. One could easily expect manipulation of the facts and fabrication of information from the leaders as well as followers of various political parties and religious sects. Similarly historian, writers, and researches would carry out their carrier in line with information that had reached them. This is what happen during the mid of the first century of Hijrah. In addition, it is possible for orally inherited Islamic knowledge and tradition, particularly the ÍadÊth of the Prophet Muhammad (s.a.w) to be gone astray due to the wide spread turmoil in the Islamic regions. Therefore, we found attempts have been made by the people, particularly those who were keen to know more about the Prophet (s.a.w) and his tradition, to compile ÍadÊth during this period. Unlike the Qur’Én, a large number of ÍadÊth were not documented during the life time of Prophet Muhammad (s.a.w). In year 99H ‘Umar ibn ‘Abdul ‘Aziz, when he hold the caliphate post, officially wrote to some great muÍaddithËn throughout the Muslim world, including AbË Bakr ibn Muhammad ibn ‘Amr ibn ×azm (d. 120H/737) and Muhammad ibn Shihab al-Zuhri (d.125H/742), asking them to compile all the knowledge of the early generation of Islam. In this regard Imam Malik recorded: YaÍya ibn Sa‘id al-AnÎÉrÊ reported that ‘Umar ibn ‘Abd al‘Aziz wrote to some great muÍaddithËn: “Look for what there is of the ÍadÊth of the Prophet and of his sunnah or ÍadÊth of ‘Umar ibn alKhaÏÏÉab or something similar to this and write it down for me for I 129


fear the dissipation of knowledge and the passing-away of the scholars.” 222 Scholars who carried out the project initiated by ÑUmar ibn Abd al-Aziz were many. The world of Islam flourished with priceless collections in ÍadÊth literature. Those initial collections were greatly appreciated. Yet, their contents were generally scattered in nature. Their editions lacked in careful chapter-sequence. Therefore, very shortly, scholars began to introduce several methods of ÍadÊth compilation, in line with their own interest. It is worthwhile to mention some of them in the following table: Historians

Fuqaha

had introduced battles or biography (maghazi or sirah) oriented collections. They mainly look only for narrations dealing with sÊrah or biographical information of the Prophet Muhammad (s.a.w) and events that occurred throughout his life time. They arranged these narrations according to historical events and without mentioning isnÉd in most cases.

Muhammad ibn Ishaq (d. 151H)

Fiqh oriented collections, in which ÍadÊth were arranged like the books of fiqh: into chapters devoted to the conventional fiqh problems. It also deals with juristic views (fatawa) and customs of the people at that time.

Sa`d ibn ‘Aruba (d.157/774)

Musannaf, Ma`mar ibn RÉshid (96153H)

Al-Awzaì (d.159/775) Muhammad ibn ‘Abd alRahman (d.159/775) Za’ida ibn Qudama (d.16o/776) Sufyan

222

ImÉm MÉlik, al-MuwaÏÏa’ (Al-QÉhirah: DÉr al-×adÊth, 2004), p.389.

130

al-



Thawri (d.161/777) Hammad ibn Salama (d.165/781) Sufyan ibn Ùyaynah (107-198 Malik ibn Anas (d.179/795) Zuhhad

Scholars who devoted for righteous (zuhd), compiled only ÍadÊth having moral values.

Kitab alZuhd, of Adullah ibn al-Mubarak

Mufassirun

Exegesis or tafsÊr nature of collection

Musannaf of ‘Abd alMalik ibn ‘Abd al‘Aziz ibn Juraij (d. 150H)

MuÍaddith Ën

They were mainly interested in collecting only narrations attributed to the Prophet Muhammad (s.a.w). Historical information, particularly events that happened during the battles and juristic view derived from the Qur’Én or ÍadÊth were not found in this type of collection, and thus, it is called pure ÍadÊth collections. ÍadÊth were arranged according to various subjects.

Mere compilation is inadequate approach to preserve the authenticity of the ÍadÊth. Potential harm to the ÍadÊth collection could happen by accepting a distorted or forged report attributed to the Prophet (s.a.w). Since the integrity of the people during this era is not like that of the people during the time of the Prophet (s.a.w), the 131


compilers of ÍadÊth should verify or scrutinize a report. The first step in verifying a report is to know the reality of the person reporting a piece of news. That is why Allah (swt) says: ِ َّ ِِ ٍ ِ ِ ِ ‫ني‬ َ ‫صبِ ُحوا َعلَى َما فَ َعلْتُ ْم نَادم‬ ْ ُ‫ين َآمنُوا إِ ْن َجاءَ ُك ْم فَاس ٌق بِنََبإٍ فَتَبَ يَّ نُوا أَ ْن تُصيبُوا قَ ْوًما ِبَ َهالَة فَت‬ َ ‫يَا أَيُّ َها الذ‬ ‘O you who believe! If a FÉsiq comes to you with a news, verify it, lest you harm people in ignorance, and afterwards you become regretful to what you have done.’223 It is on the basis of this ayah that the MuÍaddithËn began to seek out information about narrators in order to verify their narration. But what about recording and publicizing the defects of such narrators, what is the legal justification for doing this? Al-BukhÉrÊ reported on the authority of ‘Aisha that: ‘A man asked permission to enter upon Allah’s Apostle. The Prophet said, “Admit him. What an evil brother of his people or a son of his people.” But when the man entered, the Prophet spoke to him in a very polite manner. (And when that person left) I said, “O Allah’s Apostle! You had said what you had said, yet you spoke to him in a very polite manner?” The Prophet said, “O ‘Aisha! The worst people are those whom the people desert or leave in order to save themselves from their dirty language or from their transgression.’224 This ÍadÊth teaches us that in warning the Muslims from a harm it is allowed to backbite because the man Rasulullah was warning about is one man named ‘Uyaynah ibn ×isn who outwardly showed that he was a Muslim thought in reality he was not a Muslim. Rasulullah wanted to warn the people about this man so he said what an evil man he is. This is indicated by the Prophet’s answer to ‘A’isha when she asked him why he used bad language, he replied that he one who used bad language is the worst of people yet he (s.a.w) used bad language to describe this man. Therefore the reason must be that he

223 224

SËrah al-×ujurÉt: 49:6. Al-BukhÉrÊ, ØaÍÊÍ, v. 8, p. 107.

132



wanted to warn the people and not to abuse the man and hence when he met him he was very polite to him. ImÉm al-QurÏubÊ commenting on this ÍadÊth said: ‘The ÍadÊth contains the permission to backbite the one who publicly shows his Fisq or Fahsh and the like from unjust rulers or those who call to innovation though its allowed to do it in a polite manner as long as long as it does not lead to compromising the DÊn of Allah TaÑÉlÉ.’ Thus, when we come to narrators of ÍadÊth it is clear that unscrupulous ÍadÊth narrators are not only harmful to Muslims but to Islamic civilization itself and therefore their faults must be recorded so no ÍadÊth will be accepted from them. The endeavor to verify the reports gave rise to the Ñilm al-rijÉl (i.e. biography of narrators’ study) and the Ñilm al-jarÍ wa al-taÑdÊl (i.e. disqualifying and qualifying narrators’ study). Information regarding the probity and precision of narrators were recorded whether the information was disparaging or confirmed the reliability. The honest defamation or ÏaÑn was considered part of the DÊn since it was necessary to protect the DÊn. In collecting this material the Rijal critics spared no one to the extent that the son would criticize his father. It is reported that ‘Some people asked ‘Ali ibn al-MadÊni, the great RijÉl scholar, about his father. He said: Ask somebody else. They repeated the question. He fell silent and then lifted his head and said: This (is part) of the DÊn. He (my father) is weak (ÌaÑÊf).’ It is for this reason that people like the great TabiÑÊ ‘Ata ibn al-SÉìb and well known SÊrah writer Ibn IsÍÉq were not spared from criticism. Yayha ibn Ma’Ên said: ‘We disparaged people who had already been admitted to Jannah more than a hundred years ago.’ Their prime motivation for doing this was fear of Allah and not the fear of the people. It is reported that YaÍya ibn SaÑÊd al-QaÏÏÉn was asked: Do you not fear that those people whose ÍadÊth you have rejected will dispute against you before Allah? He said: no, that these people should dispute with me is better than the Messenger of Allah (s.a.w) disputing with me by saying: Why did you narrate a ÍadÊth which you thought was a lie?’ Scholars attempted to lay down guide lines to compile ÍadÊth. ImÉm ShafiÑÊ (150-206H) after experiencing a severe debate with deviant sect, Mu’tazilate, on the authenticity khabar ÉÍÉd, had 133


introduced at least five criteria, as one could clearly derived from his statement in his well-known work, al-RisÉlah: The transmitter must be of firm faith, and well-known for his truthfulness in what he reports. He should understand its content, and should know well how the change in expression affects the ideas expressed therein. He should report verbatim what he learnt from his teachers, and not narrate in his own words the sense of what he had learnt. He must possess a retentive memory, and should remember his book well, if he reports from it. He should be free of making a report on the authority of those whom he met of something he did not learn from them. His report must stand in agreement with what has been reported by those who are recognized to have memories of quality, if they also have transmitted these reports. The same qualification must be possessed by transmitters preceding him until the transmitter relates back to the Prophet or to him who carries it back to closest to him, for each of them vouches for the tradition as he received it and verifies it for him to whom he passes it. So none of them should lack the qualifications I have just described.’ It appears that Sheikh IsÍÉq ibn Rahwayh,225 master of Imam al-BukhÉrÊ, was the earliest among those who concern to compile only the authentic ÍadÊth. In one session of his study circle he had mention: “‫”لو مجعتم خمتصرا يصحح سنة رسول اهلل صلى اهلل عليه وسلم‬ “Would that one of you prepare a concise and sound collection of the sunnah of the Prophet (s.a.w)” He sensed a dire need to rid this Holy Literature from all foreign blemishes. It was because of this reason that Imam Al-BukhÉrÊ decided to dedicate the rest of his life in compiling a book that would strictly comprise of authentic ÍadÊth. The statement of Imam IsÍÉq ibn Rahwayh hints that ÍadÊth during his time being compiled without any

225

He was leaving in a period where ÍadÊth were being forged and distorted either to please kings and rulers or to corrupt the religion of Islam.

134



scrutinization. This comprehension could be supported with the statement of Muhammad ibn Sirin (d.110H): “They did not ask about the authority (isnÉd), but when civil war (fitnah) arose they said ‘Name to us your men; those who belong to Ahl al-Sunnah, their ÍadÊth were accepted and those who were innovators their ÍadÊth were neglected.” Countless Islamic values dealing with every aspect of life, individual, social, politic were preserved by the MuÍaddithËn. Total number of ÍadÊth that had been preserved by them, particularly by the six famous compilers, could be found in the following table: Abu Àbdullah Born: 194H. Muhammad ibn Died: 256H Ismaìl ibn Ibrahim ibn al-Mughirah alJu`fi

Number of ÍadÊth: 9082: 2602

Abu Husain Muslim Born : 202H ibn al-Hajjaj alDied : 261H Nisaburi

Number ÍadÊth : 3033

Abu Dawud Sulayman Born : 202H ibn al-Ashàth al-Azdi Died : 275H al-Sijistani

Number of ÍadÊth : 4800

Muhammad ibn Ìsa Born : 209H ibn Saura ibn Musa Died : 279H ibn al-Dahhak alTirmidhi

Number of ÍadÊth: 3956

Abu Àbdullah Born : 209H Muhammad ibn Yazid Died : 273H al-Rabi` (Ibn Majah)

Number of ÍadÊth : 4341:1339 (Unrepeated)

Abu Àbd al-Rahman Born : 215H ibn Shuàib ibn Àli Died : 303H ibn Sinan ibn Bahr alKhurasani al-Nasa’i.

135

Period years

:16

Duration : 20 years


Scrutiny of the validity of texts is not the MuÍaddithËn’s primary interest in their collections. It was briefly mentioned here only to give a fair idea of the measures adopted by them to prevent foreign interference in the text. It is worthwhile to discuss this issue in detail by analyzing the earliest authentic collection, namely the “ al-JÉmiÑ alØaÍÊÍ”. Principally, a large portion of the credit of the uniqueness of “al-Jami' al-ØaÍÊÍ” goes to the dazzling level of measures adopted by Imam Al-BukhÉrÊ in preserving the credibility of his 'sanad'. A point worth noticing here is that Imam Al-BukhÉrÊ had never collectively, or even explicitly for that matter, mentioned his conditions of the acceptability of a 'sanad' in written form. Although, later scholars like Al-×azmi and Al-Muqaddasi produced treatises on the subject, these sanctions were effectively determined through personal analysis, therefore, betokening small-scaled differences of opinion.226 Some of those key elements were:

226



The 'sanad' should be a 'muttaÎil' one. 'MuttaÎil' in our context implies to the uninterrupted chain of narration since Imam AlBukhÉrÊ until it reaches a known Companion.



All narrators should have known to be sincere Muslims.



They should not have practiced or be practicing 'tadlÊs'. 'TadlÊs' (lit. deception) means narrating a ÍadÊth with a chain that raises its status higher than it actually deserves. This practice can be implemented in two key ways. (i) TadlÊs in 'isnÉd' (ii) TadlÊs in 'shuyËkh'. 'TadlÊs in isnÉd' occurs when one narrates a ÍadÊth from a person who he has, although met, but not heard from. Even if he doesn't mention the teacher's name in explicit terms, any indication that gives an impression of having heard from or visited him will still be branded as 'tadlÊs'. 'TadlÊs in shuyËkh' takes place when one, while narrating, mentions his teacher with such ambiguity that conceals or helps to conceal his real identity and thereby switches the mind to another narrator of a

Al-Muqaddisi, ShurËÏ al-A’immah, pp. 15-30.

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higher caliber. According to Imam Al-BukhÉrÊ's conditions, a narrator ought to be exempt from these blemishes. 

He should not be a 'mukhtaliÏ'. Literally meaning 'one who puts into confusion', it applies to every deliberate alteration from a narrator that may threat the veracity of the narrative.



He should be well-distinguished in having maintained a proper conduct and an honorable record.



He should be possessing of outstanding exactitude and preciseness. If any element of doubt is found in his narrations, this quality of his will be rendered void.



He should have a sound memory and should also be free from all mental disorders and psychological deficiencies even from forgetfulness due to old age or sickness.



He should have pristine theological beliefs. If his beliefs clash with those of the 'Ahl al-Sunnah wa al-JamÉÑah', his narrations will be subject to further consideration depending on the severity of his deviation.



There should be solid evidence of his union with his teacher who he narrates from. Mere possibility of their meeting will not be acceptable enough, as it would be to Imam Muslim.227

Some muÍaddithËn did not strictly follow the criteria of the authentic ÍadÊth. Their main concern was just collecting as many narrations as possible, due to the potential fear of debauchery and vanishing of knowledge. However they had provided information and remarks about transmitters upon whom they had relied. Every piece of information about the transmitters gathered by the muÍaddithËn in treaties called kutub al-rijal (biographical dictionaries of the transmitters). Later scholars of ÍadÊth extensively utilize information in these treaties to validate and invalidate ÍadÊth attributed to the Prophet MuÍammad (s.a.w).

227

Ibid.

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Defect of each ÍadÊth in all ÍadÊth collection detected by later ÍadÊth researchers. The In the light of data provided in the kutub alrijal scholars of ÍadÊth able to judge whether or not a ÍadÊth had fulfilled the following five criteria of the authentic ÍadÊth, that have been agreed upon by the early ÍadÊth scholars: 1. IttiÎÉl al-sanad (continuity of the chain of transmitters) 2. ÑAdÉlah al-ruwÉh (probity or trustworthiness of narrators) 3. ÖabÏ al-RuwÉh (The precision and accuracy of narrators) 4. The absence of shudhËdh (conflict with stronger narrations) 5. The absence of Ñillah (hidden defects) IttiÎÉl al-Sanad (continuity of the chain of transmitters) IsnÉd is the backbone of any report. ImÉm al-ShafiÑÊ used to say: ‘The one who looks for a ÍadÊth without IsnÉd is like the one who looks for firewood in the night.’ In other words he is groping in the dark and does not know what he is picking up. One of the key methods establishing continuity was the science of dates of birth and death of transmitters. Sufyan al-ThawrÊ said: ’when they (the fabricators) used lies we used dates’.228 By identifying when a narrator was born and when died it is possible to ascertain of there was a likelihood that he met the narrator from whom he claims he got the report. Look at the following example given by al-KhatÊb al-Baghdadi: Once a man named ‘Umar ibn Musa came to Homs. The people gathered round him in the mosque and so he began speak: ‘We were informed by your pious Shaykh such and such ÍadÊth. When he kept mentioning him ‘AfÊr ibn MiÑdÉn asked him: Who is our pious Shaykh? Give us his name so we can identify him. Umar ibn Musa replied: he is Khalid ibn MiÑdÉn. ‘AfÊr asked him: which year did you meet him?

228

Ibn al-ØalÉh, Muqaddimah (BeirËt: Mu’assat al-RisÉlah, 2004), v. 1, p. 231.

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He said: I met him in the year 108 AH. So he asked: where did you meet him? He replied: I met him in the battle of Armenia. So AfÊr said: ‘Fear Allah O Shaykh! and do not lie. Khalid ibn MiÑdan died in the year 104 AH but you claim that you met him after his death by four years. Let me add he did not just fight in Armenia only but also fought the Byzantines.’229 The weakest link in the chain is what makes or breaks the credibility of a report. So the MuÍaddithËn set out the classification of broken chains depending on where they occur and discussion of their value. For example: 

A muÑallaq isnÉd is where one or more transmitters is missing at the beginning of the chain



A mursal is when the TabiÑÊ omits the name of the ØÍÉbÊ.



A muÑÌal chain is where two or more transmitters are missing in one more place



A munqaÏiÑ is any break excluding muÑallaq, mursal and muÑÌal. All of these chains are rejected except Mursal about which there is some difference of opinion. Some reject it, others like AbË HanÊfah accept it because the omission of the ØÍÉbÊ who is trustworthy is inconsequential whilst others accept it with certain conditions like Imam al-ShÉfiÑÊ. The usefulness of cataloging such chains is that it may be possible to fill the gap afterwards if other chains come to light which establish the continuity.

229

Al-Khatib, Al-KifÉyah fÊ ÑIlm al-RiwÉyah (Al-QÉhirah: DÉr al-HudÉ’, 1986), v. 1, p. 119.

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ÑAdÉlah al-RuwÉh (probity or trustworthiness of narrators) After establishing continuity of the sanad, it is necessary to establish the trustworthiness of narrators. Since one can only go by the overt indications it is stipulated that for someone to be Ñadl he must not be known to be a liar or accused of lying or an open fasiq (i.e. someone who openly transgresses the aÍkÉm al-sharÊÑah) and he must be free from dishonorable behavior (khawÉrim al-murË’ah). Here we can see that it is not enough not to violate the sharÊÑah but the person must not violate the norms of society in order to be accepted by his peers. So, someone who constantly changes his opinion would be deemed as performing an action which may be permitted but would lose credibility i.e. such person would lose his ÑadÉlah. Thus we can see the concept of ÑadÉlah in narration of ÍadÊth is stricter than the concept of ÑadÉlah when giving testimony before a Qadi. And finally, another disqualification of ÑadÉlah is if the narrator is majhËl al-Ñayn i.e we know his name but do not known his reality. ÖabÏ al-RuwÉh (The precision and accuracy of narrators) ÖabÏ is the precisian and accuracy of narrators in taking and conveying information. One of the qualities of a transmitter who is ÌÉbiÏ is that he must be very alert and cautious lest he records a report from his master in which tadlÊs has occurred. Yahya ibn Qattan heard ShuÑbah saying : ‘I used to sit with Qatada (to learn ÍadÊths from him). When he used to say ‘I heard such and such person say…’ I would write it down, but when he would say ‘such and such person said (without specifying the hearing or samÉÑ from him) I would not write that report down’.230 Above all he must verify and be meticulous in anything he transmits or receives. Human beings naturally make mistakes but the one who is ÌÉbiÏ should not make too many mistakes. Al-Ramhurmuzi reported form ‘Abd al-Rahman ibn al-Mahdi who said: ‘The MuÍaddithËn are

230

Ibid., v. 1, p. 164.

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three types: The one who is of good memory and meticulous and there is no disagreement about him. The one makes mistakes but most of his haidth are sound and his ÍadÊth is not left. And the one who makes mistakes in the majority of his ÍadÊths and this ÍadÊth is rejected (matrËk).’231 Thus the narrator must have a good retentive ability and not contradict the narrations of more trustworthy narrators. Sometimes it can happen that a good narrator of ÍadÊth loses his retentive abilities later in life in which case it is necessary to identify when a ÍadÊth was received from him. Ibn LahÊÑah started to muddle up his reports after his books got burned and so the muÍadÊthÊn stopped narrating from him father that point. Ahmad ibn Hanbal said: ‘Anyone who had heard Ibn LahÊÑah long ago is valid (for report).’ The way in which ÌabÏ was ascertained is if his reports generally agree with other trustworthy narrators. The absence of ShudhËdh (conflict with stronger narrations) A ÍadÊth is considered ShÉdhdh when an acceptable transmitter transmits a matn or sanad which contradicts the matn or sanad of more trustworthy narrators. This is different to the munkar which is the narration of untrustworthy narrator which goes against the report of other trustworthy narrators. The benefit of this study is that one can detect mistakes and fabrications while at the same time assess the ÌabÏ and ÑadÉlah of transmitters. The absence of Ñillah (Hidden defects) As for the study of Ñilal or hidden defects this is one of the most delicate and difficult work of a ÍadÊth critic. Whilst in ’UÎËl al-Fiqh it is enough to grasp the intellectual aspects and the key discussions but in the science if Ñilal one needs a breadth of knowledge which can encompass and recall a mass of reports and their asÉnÊd in order to 231

Al-Ramhurmuzi, Al-MuÍaddith al-FÉÎil Bayn al-RÉwÊ wa al-WÉÑÊ (n.p.: DÉr alFikr, 1984), p. 406.

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compare and detect that which is undetectable to the untrained eye . In this regard the muÍaddith is like a detective looking for clues which will allow him to trace a mistake to its source. Few have mastered this field due to breath of knowledge required to undertake such an investigation. al-BukhÉrÊ, Ali al-MadÊnÊ and al-DÉrqutni are a few examples of those who became proficient in this branch of Ñilm alÍadÊth. Ibn Hatim al-RÉzÊ sums it up nicely when he says: ‘The goodness of a Dinar is known when it is measured against another. Thus if it differs in redness and purity, it will be known that it is fake. The kind of diamond if examined through measuring one another. If it differs in sparkle and firmness, it will be known to be glass. The authenticity of a ÍadÊth is known by its coming from reliable narrators and the statement itself must be worthy of being the statement of the Prophet hood.’ The hidden defects can exist in the matn and sanad, and it is the task of the isnÉd critic to detect the fault through a scrutiny of multiple narrations and also rectify the defect where possible. For example YaÑlÉ ibn ÑUbayd narrated from al-Thawri from ‘Amr ibn Dinar that the Messenger (saw) said: ‘The seller and the buyer have the right to keep or return goods.’ Here YaÑlÉ has made a mistake because it should be Abdullah ibn Dinar and not ‘Amr ibn Dinar who should be in the isnÉd. How was it possible to catch this? This was because all the students of al-Thawri reported the ÍadÊth from Abdullah ibn Dinar and not ‘Amr ibn Dinar and therefore YaÑlÉ must have made the mistake.232 They further introduced a systematic grading of ÍadÊth, as ÎaÍÊÍ, Íasan and ÌaÑÊf.Once it has been established that a ÍadÊth has a continuous isnÉd, made up of reporters of trustworthy preservers from similar authorities, and which is found to be clear from shudhËdh and any hidden defects then the ÍadÊth is classed as ÎaÍÊÍ. As for the Íasan Al-Khattabi (d. 388) states: ‘It is the one where its source is known and its reporters are prominent. It is the most regular ÍadÊth, and most

232

Al-ÑIraqÊ, Al-TaqyÊd wa al-ÔÌÉÍ (n.p.: DÉr al-Fikr, 1981), p. 107.

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scholars accept it, and it is used by the fuqÉha´ generally’. ×asan however comes in two varieties: i.

one with an isnÉd containing a reporter who is mastËr (i.e., no prominent person reported from him) but is not totally careless in his reporting, provided that a similar text is reported through another isnÉd as well;

ii. one with an isnÉd containing a reporter who is known to be truthful and reliable, but is a degree less in his preservation of ÍadÊth in comparison to the reporters of ÎaÍÊÍ aÍadÊth. In both categories however the ÍadÊth should be free of any conflict with more reliable narrations (shudhËdh). As for the ÌaÑÊf it is the narration which lacks the attributes of ÎaÍÊÍ and Íasan. Whilst the last two are sound and relied upon as evidence ÌaÑÊf on the other hand cannot be adduced as proof. After this the ÍadÊth were divided according to the manner in which it was transmitted to us. Although people disagreed about the details a basic distinction which everyone accepts is that aÍÉdÊth are either ÉÍÉd or mutawÉtir.

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Conclusion The Muslims rose to the challenge when the source of their way of life and civilization were being threatened by destructive activities of ×adÊth fabricators. They were able to amass a data base of thousands of narrators, set out rigorous criteria to asses authenticity, classify and adopt a grading system for chains of narrators, devise techniques to detect and avert mistakes, alterations, distortions and fabrications and adopt a methodology to reconcile the differences within certain texts. The result was the effective preservation of the ideology and its legislative capacity. Muslims protected their ideology and culture, insured the legislative capacity and preserved their Islamic civilization. Muslim historiography in this regard is a testament to how the Ummah can solve her problems, progress and revive if she adopts the Islamic knowledge and heritage as the basis for her thoughts, society and state. In preserving Islamic civilization, credit always goes to the muÍaddithËn. Since the early days of Islam they had defended status of ×adÊth as the legislative source besides the Qur’Én. They had introduced a unique method to crystallize and scrutinize narrations attributed to the Prophet MuÍammad (s.a.w.).

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Exposition on the Principles of IslÉm HaÌÉrÊ Qur’Énic Conception of ‘Knowledge’ Ismail Abdullah* Abstract Islam is civilization seeking to ensure continuous moral and physical growth of individuals and societies. The very basis of Islamic civilization is knowledge. The Qur’Én and ×adÊth lay emphasis on the significance, value, and role of knowledge in developing human civilization. It is this reason that the first revelation comprised message concerning reading, writing, and teaching. This message is that of knowledge. Malaysian suggestion of Islam Hadari (Civilizational Islam) seems to be highly desirable. The objective of this suggestion is to ascertain development of social, moral, economic, political, and spiritual dimensions of Muslim individuals and societies. This paper is to look into viability of knowledge in Islamic development. Keywords: Islam, knowledge, the Qur’Én, ×adÊth, development. Introduction The notion of ‘IslÉm ÍaÌÉrÊ’ has been seen as a response to the contemporary challenges of the Muslim úmmah, both in their religious and social life. Since the European colonization over third world nations including Muslim nations and the fall of the Ottoman caliphate, Muslim societies had lost their leadership position in world affairs. They are viewed as backward or underdeveloped. Disunity and lack of political, cultural and social stability are said to be contributing factors to such conditions. To remedy the situation, Muslim scholars

*

Assoc. Professor, Department of Qur’Én and Sunnah Studies, Kulliyyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia.

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and socio-political leaders have made various attempts to revive and restructure the Muslim mind, in order to regain the leadership position of the Muslim úmmah in world affairs. Many religious, political and social approaches have been applied to reawaken the Muslim mind; ‘IslÉm ÍaÌÉrÊ’ is one of them. IslÉm ÍaÌÉrÊ, is interpreted by the Malaysian leadership as an approach that emphasizes development, consistent with the tenets of Islam, and focused on enhancing the quality of life. ‘IslÉm ÍaÌÉrÊ’ emphasizes mainly on ten Islamic principles of governing and social enhancement, namely: faith and piety in AllÉh, just and trustworthy government, freedom and independence to the people, mastery of knowledge, balanced and comprehensive economic development, good quality of life for all, protection of the rights of minority groups and women, cultural and moral integrity, protection of the environment and a strong defence policy. This paper has chosen one of these principles, namely, ‘mastery of knowledge’ and its importance for civilization development and social enhancement. This paper analyzes the Qur’anic-centric approaches of building civilization, in particular verses which deal with the tools in building civilization: ÑIlm (Knowledge) and ÑAmal (Work) IslÉm ÍaÌÉrÊ: A Conceptual Analysis IslÉm ÍaÌÉrÊ is a combination of two words; ‘IslÉm’ and ‘ÍaÌÉrÊ or civilization’. IslÉm as a religion means complete physical, spiritual and intellectual submission, surrender and obedience to the Almighty Allah. ×aÌÉrÊ is a word that is derived from the Arabic verb ‘ÍaÌara’. In literal sense, it means to be present, to be ready, to take part or to participate in a meeting, etc. In its adjective form ÍaÌÉrÊ means ‘civilized person’, while its noun ‘ÍaÌÉra’ means ‘to be settled’, ‘sedentary in civilized region’, as opposed to nomadic existence.233

233

Hans Wehr, Dictionary of Modern Written Arabic (U.K, London: Macdonald &Evans Ltd., 3rd edn. 1974), p. 183.

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Exposition on the Principles of IslÉm HaÌÉrÊ

Ismail Abdullah

In addition, to characterize someone as a ‘ÍaÌÉrÊ’ is to designate his or her presence in the current situation. Therefore, a civilized person is a person who is living in the present time fully aware and conscious of what is taking place at that moment and place. IslÉm ÍaÌÉrÊ, therefore, denotes an advanced state of intellectual, cultural and material development in Muslim societies, marked by progress in the arts and sciences, based on the Islamic teachings and principles, where Muslims are aware of their affairs and able to manage them, according to their common interests. In this sense, IslÉm ÍaÌÉrÊ: …is not a new religion. It is not a new teaching nor is it a new mazhab. (Rather) it is an effort to bring the ummah back to basics, back to the fundamentals, as scribed in the Qur’Én and the ÍadÊth that form the foundation of Islamic civilization.234 Furthermore, IslÉm ÍaÌÉrÊ in this understanding is a way or method of solving and overcoming certain challenges and shortcomings of contemporary conditions of the Muslim societies: It is an approach that emphasizes development, consistent with the tenets of Islam and focused on enhancing the quality of life.235 This type of culture and civilization is rooted deeply in the pure fundamental origins of the Islamic teachings for both social and scientific developments. IslÉm ÍaÌÉrÊ contains characteristics of selfconfidence, progressive spirit, and peaceful co-existence with others, as it aims at the betterment of the social conditions of the Muslim úmmah. The notion of ‘IslÉm ÍaÌÉrÊ sees that glorification of the Islamic civilization of the past by some contemporary Muslims through rhetorical speeches is not enough without practical implication of the principles which had been applied by Muslims in the past, such as mastery of knowledge and cultural development as well as moral integrity. Therefore, IslÉm ÍaÌÉrÊ could be regarded as a complete and

234

The Concept of Islam hadari, (Malaysia: The Department of Islamic Development Malaysia, 2004), p.4-5. 235 Ibid, p.3.

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comprehensive portrayal of Islamic teachings with an emphasis on the development of economics and civilization among contemporary Muslims, with the implication that: Glorious heritage of Islamic civilization in all aspects must be used as reference and become the source of inspiration for society to prosper. The úmmah must be a society that embraces knowledge, skills and expertise in order to build capacity. IslÉm makes it compulsory for Muslims to embrace knowledge in all fields. The misconception that there exists a difference between so-called secular knowledge and religious knowledge must be corrected. Islam demands the mastery of sciences and technology and the enhancement of skills and expertise. Many verses in the Qur’Én, that touch on the need to master science and technology should be studied.236 It is true that Muslims in the past were able to advance in their civilization progress and play a leadership position in world affairs. However, it is worthless to praise their action without applying their ideas and principles to practical life. Hence, IslÉm ÍaÌÉrÊ: Aims to achieve this via the mastery of knowledge and the development of the individuals and the nation; the implementation of a dynamic economic, trading and financial system; an integrated and balanced development that creates a knowledge and pious people who hold to noble values and are honest, trustworthy, and prepared to take on global challenges”.237 Today, Muslim societies are viewed as backward or underdeveloped in various parts of life, i.e., economically, politically, technological and social infrastructures, where they become consumers of ideas and commodities of other societies. Therefore, IslÉm ÍaÌÉrÊ aims to bring Muslims from being consumers to producers, from buyers to sellers and from beggars to donors. IslÉm ÍaÌÉrÊ in this progressive model emphasizes economic and technological developments, social justice and tolerance for other religious 236 237

retrieved on 18 Oct. 2011 Ibid.

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communities. Muslim societies should be competitive with other world communities in all fields of knowledge and science. Though this concept targets a variety of issues; freedom, human rights and quality of life being among them, much emphasis however, is given to the enhancement and strengthening of the educational positions of the Muslim úmmah. Illiteracy should be eradicated; knowledge-based lifestyle should be encouraged in all levels of the society, as knowledge is not only a societal demand but religious as well. Knowledge is for all and everyone in the society.238 In short, IslÉm ÍaÌÉrÊ bears in mind that, the: Engagement in the study of knowledge by seeking it or teaching is the most meritorious pursuit. Knowledge is sought not only for its intellectual and material benefits but also for the sake of AllÉh whose pleasure we should always aspire to earn.239 Mastery of Knowledge and Progress of Civilization in the Qur’Én A knowledgeable society in IslÉm ÍaÌÉrÊ is not merely a society promoting skills in commerce, economics and administration, but also in understanding God, His doctrines and rules in human life. Knowledge for ‘IslÉm ÍaÌÉrÊ’ comprises Divine and Prophetic Wisdom for our guidance, followed by the knowledge from human experience and the intellect; supported by evidence from the human senses and wisdom. Recognizing the undeniable role of knowledge in the future social and cultural maturity of nation building, the vision of Islam hadÉri bears that mobilizing scientific and technological achievements

238

IslÉm made acquiring knowledge an obligation upon every Muslim, as the Prophet of IslÉm s.a.w. asked his followers to seek knowledge even in far distances. The Prophet said, “Seek knowledge from anywhere even if it is as far as China”, and “Seeking knowledge is an obligation upon every Muslim”( Ibn MÉjah, Sunan, v.1, p.81.) 239 ÑAbd. Ra´Ëf, MuÍammad, the Muslim Mind Foundation and Early Manifestation, Dewan Bahasa dan Pustaka, K.L, Malaysia, 1991, p.24.

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throughout the social institutions are indispensable steps in the process of nation building. In addition, mobilizing science and technology 240 in all levels of society (where knowledge will be accessible to everybody in the society) is the only way to achieve a ‘knowledgeable society’. In IslÉm ÍaÌÉrÊ, Malaysians should prepare themselves so that they can perform their task in today’s challenging global village, by applying available tools in the new information and communication technology to maintain economic growth and cultural enhancement. They should master the secrets of the trade in the new technology so that they are not duped. The Prophet Î.a.w. has said that a person who knows the language of another people cannot be fooled by them. The knowledge of the tongue of a people does not merely mean language of communication in the ordinary sense, but …even the most up-to-date technical and scientific language and philosophy, so that we are not duped in any way.241 It is indispensable to note that civilization progress, and economic and political supremacy are closely related to knowledge and science in the Qur’Én. Since Malaysia is pushing forward progressive ambitions and striving hard to become a fully developed nation by the end of the first quarter of this century, knowledge and technological advances are very much needed. Knowledge and science will not only play vital roles in transforming the nation into developed and selfdepending in economics and technology, but also into cultural supremacy both at the personal and societal levels, as stated by Abd. Rahim Abd. Rashid: Development in science and technology is essential not only as a tool for development but also important in developing a new culture

240

There can be no little doubt that science and the technology that stems from knowledge have brought a higher standard of living to people in advanced countries, just as it has enabled developing countries to subsist and flourish. It is the prospect of rising living standards that makes the acquisition of new scientific knowledge so attractive. 241 Muhammad ‘Uthman El-Muhammady, p.24.

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as well as in modernizing Malaysian society economically, socially and culturally.242 With regard to the necessity of knowledge for civilization progress and nation building project, we read in the Qur’Én, the story of Prophet DÉwËd and his son SulaymÉn, who had established a powerful state in the holy land of Jerusalem, and AllÉh (s.w.t) had bestowed everything on them as their state consisted of various Jinn, men and birds, and they were all kept in order and ranks. And before Solomon were marshaled his hosts,- of Jinn and men and birds, and they were all kept in order and ranks. At length, when they came to a (lowly) valley of ants, one of the ants said: "O ye ants, get into your habitations, lest Solomon and his hosts crush you (under foot) without knowing it." So he smiled, amused at her speech; and he said: "O my Lord! So order me that I may be grateful for Thy favours, which thou hast bestowed on me and on my parents, and that I may work the righteousness that will please Thee: And admit me, by Thy Grace, to the ranks of Thy righteous Servants.243 Nevertheless, the reason behind their success as stated by the Qur’Én was due to the knowledge bestowed to both DÉwËd and SulaymÉn: We gave (in the past) knowledge to David and Solomon: And they both said: "Praise be to Allah, Who has favored us above many of his servants who believe!"244 In another chapter, the Qur’Én narrates the story of DhË alQarnayn, whom Allah established power on earth, and gave him the ways and means of life. In one of his travels on earth, he went to the people who were threatened by Gog and Magog and were desperately

242

Abd. Rahim Abd.Rashid, The Role of Education in Transforming Malaysia into Science and Technological Society: Issues and Challenges. (paper presented in: International Conference on Values and Attitudes in Science and Technology. Held: 3-6 September 1996, Kuala Lumpur, Malaysia.( p.6 243 Al-Naml; 27: 17-20. 244 Al-Naml: 27: 15.

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in need of help. They helplessly cried to DhË al-Qarnayn for protection before catastrophic and mischievous conditions spread on their lands by the powerful and illimitable Gog and Magog. DhË al-Qarnayn, because of his dependence on God, and his ingenuity in engineering technology and architectural designs, told them it was possible to stop such catastrophic incident to happen. He then started designing and laying out his work plan, asking them to provide the necessary equipments and tools to build a barrier between Gog and Magog and their lands. He gathered blocks of iron and when he had filled up the space between the two steep mountain-sides, he told those people to blow their bellows and when he had made it red as fire he poured over it molten lead. Through the engineering and architectural provisions, DhË al-Qarnayn was able to make Gog and Magog powerless and unable to cause destruction and mischievous damages. “Until, when he came to the rising of the sun, he found it rising on a people for whom We had provided no covering protection against the sun. (He left them) as they were: We completely understood what was before him. Then followed he (another) way, until, when he reached (a tract) between two mountains, he found, beneath them, a people who scarcely understood a word. They said: "O Zul-qarnain! The Gog and Magog (People) do great mischief on earth: shall we then render thee tribute in order that thou mightest erect a barrier between us and them? He said: "(The power) in which my Lord has established me is better (than tribute): Help me therefore with strength (and labour): I will erect a strong barrier between you and them: "Bring me blocks of iron." At length, when he had filled up the space between the two steep mountain-sides, He said, "Blow (with your bellows)" Then, when he had made it (red) as fire, he said: "Bring me, that I may pour over it, molten lead." Thus were they made powerless to scale it or to dig through it. He said: "This is a mercy from my Lord: But when the promise of my Lord comes to pass, He will make it into dust; and the promise of my Lord is true”.245

245

SËrah Al-Kahf; 18: 90-98.

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However, transmission and distribution of knowledge through acquiring and learning processes are essential for such society to make effective use of it. Hence ‘knowledgeable society’ equals collective intelligence and capacity to build collectively a civilized and manageable culture. As team spirit is essential for nation building, knowledge should be made available to everyone in the team. The society is a team of national development in general where: The central work force in the knowledge society will, therefore, consist of highly specialized people. In fact, it is a mistake to speak of generalists. What we mean by that term, increasingly, will be people who have learned how to acquire additional specialties, and especially to acquire rapidly the specialized knowledge needed for them to move from one kind of work and job to another, e.g., from being a market researcher into general management, or from being a nurse in a hospital into hospital administration. But generalists in the sense in which we used to talk of them are becoming dilettantes rather than educated people. 246 Mastery of knowledge as a collective intelligence has enormous impact on social stability and economic well-being of the nation. It is a self-explaining fact that the diffusion of knowledge will in fact narrow the gap between the social quarters. As Malaysian society has been experiencing economic boom and rapid growth of communication technology sectors in the past few decades, mastery of knowledge will be inevitable for both maintaining and developing of such achievements. Society should be informed of the new patterns of contemporary lifestyle and future challenges of life in the technological oriented way of life. On the other hand this development in wider society reflects the so called ‘cultural reproduction’ where the majority of the population

246

http://www.cifs.dk/scripts/artikel.as. See also: Knowledge Society And Quality Of Life: An Islamic Perspective, Paper Presented, By Muhammad ‘Uthman ElMuhammady in the Seminar: 11th Leadership Seminar of the Southeast Asian Center of Environmental and Urban Management 2004 Kuala Lumpur, p.8.

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in developing countries such as Malaysia has great tendency to adapt their attitudes, values and interests just to use such technology.247 IslÉm ÍaÌÉrÊ perceives ‘mastery of knowledge’ as a backbone factor for the civilization progress and future cultural enhancement efforts. Without mastery of knowledge, Malaysian society will not be able to, intensively and properly, utilize and benefit from the modern information and communication technology, while the current attempts of greater social integrations and cultural enhancements will be superficial. Mastery of knowledge is the only guarantor for progressive civilization attitudes such as openness, interaction, assimilation, absorption, revision, and examination, which will prompt creative culture and way of life. Mastery of knowledge is an essential building block for generating: The attitude of society characterized by being descriptive and perspective, with readiness for positive change and involving analysis of the current state of education, scientific research, the media, the publishing industry, culture encompassing religion, intellectual heritage.248 Mastery of knowledge is extremely necessary, especially, in the construction of a viable and progressive society, which in turn requires effective economic, social and political institutions, to overcome the chaotic circumstances and challenging epochs. In addition, by mastering knowledge, people would become actively involved in the process of cultural reproduction, dissemination and technological regeneration of progressive lifestyle.

247 248

Abd. Rahim Abd. Rashid, The Role of Education. P.7. Muhammad ‘Uthman El-Muhammady, p.23.

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Knowledge in the Qur’Én Knowledge249 is expressed in the Qur’Én as both, Ñilm and maÑrifah, i.e., science and knowledge. In their general usage, the two terms are synonymous and have overlapping connotations, such as: to know reality of certain things, state or fact of knowing, awareness or understanding gained through experience and or study. However, in their technical implications there are some subtle differences between them; while the term maÑrifah indicates knowledge about remnants of certain things without knowing its essence. ÑIlm, on the other hand, contains knowledge of the substance as well as the remnants; therefore, conceptually Ñilm is wider than maÑrifah.250 The other difference is that, maÑrifah proceeds from ignorance to knowledge while this condition is not necessary with Ñilm. Hence, Ñilm is applicable to God while maÑrifah is not.251

249

Synonyms of the word ‘Ilm include; knowledge, information, learning, erudition, lore, scholarship. Knowledge is the broadest. "Science is organized knowledge.” Information often implies a collection of facts and data: "A man's judgment cannot be better than the information on which he has based it. Learning usually refers to knowledge gained by schooling and studying: "Learning ... must be sought for with ardor and attended to with diligence". Erudition implies profound, often specialized knowledge: "Some have criticized his poetry as elitist, unnecessarily impervious to readers who do not share his erudition". Lore is usually applied to knowledge gained through tradition or anecdote about a particular subject: “Many American folktales concern the lore of frontier life”. Scholarship is the mastery of a particular area of learning reflected in a scholar's work. See: The American Heritage Dictionary of the English Language, Fourth Edition, 2000 by Houghton Mifflin Company. 250 Al-RÉghib al-AÎfahÉnÊ, al-MufradÉt fi GharÊb al-Qur’Én: Bierut, Lebanon. n.d. Al-AÎfahÉnÊ further explains the term by giving certain examples as he says, “When somebody wants to say that someone knows God, he should use the word maÑrifah instead of Ñilm, for instance instead of saying: ‫ فالن يعلم هللا‬he should say, ‫فالن يعرف هللا‬ ”. 251 ÙahÉwunÊ defines the term maÑrifah as “to comprehend certain thing with the use of senses, absolute knowledge whether it pertains to conception or confirmation, and lastly as comprehending the simple matter whether it pertains to the concept of essence (taÎawwur al-mÉhiyyah) and to confirm its conditions. (al-ÙahÉwunÊ,

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Subsequently, Ñilm has a much wider connotation than ma‘rifah which falls short of expressing all the aspects of 'ilm. MaÑrifah might always denote information about something, while 'ilm is an allembracing term covering theory, action and education. Though these subtle differences exist between these two terms, the general implication remains he same, which is a “group of issues and common principles about a certain branch of knowledge, such as sciences of theology, sciences of cosmology and medicine, etc”. Both Ñilm and maÑrifah indicate the “state or fact of knowing, familiarity, awareness, or understanding gained through experience or study. It is the sum or range of what has been perceived, discovered, or learned, or specific information about something.”252 Scope of Knowledge and its Importance in the Qur’Én: Unlike modern Western theories of knowledge that confine knowledge to either experimental or intuitive methods while denying revelation as a source of knowledge, Qur’Énic method of knowledge has been inclusive and all encompassing. The Qur’Én considers ‘aql (intellect), ÍawÉs (senses) and waÍy (revelation) as the main sources of human knowledge, as each of these three elements has its own criteria and field. ÑIlm or maÑrifah covers all kinds of knowledge regardless of its source and nature, i.e., from Ñaql or revelation, or whether it is comprehensive or partial knowledge. The Qur’Énic concept of knowledge is not limited to certain aspects of the cosmos or human life; rather it covers the whole aspects of the cosmos. Cosmological or natural sciences, human sciences and religious knowledge as well as aspects of life are covered in the Qur’Én. The theory of knowledge in

MuÍammad ÑAlÊ, MawsËÑÉt KashÉf IÎÏilÉÍÉt al-FunËn wa al-ÑUlËm: Beirut, Maktabat Lebanon Nashirun, 1st ed. 1996. Also, in his book al-TaÑrÊfÉt, al-JurjÉnÊ defines the terms Ñilm and maÑrifah as “to comprehend something as it appears and to know something with the use of almaÑrifah is proceeding from ignorance to awareness and knowledge.” (al-JurjÉnÊ, ÑAlÊ b. MuÍammad b. ÑAlÊ, KitÉb at-TaÑrÊfÉt: Beirut, DÉr al-Rayan li al-TurÉth.) 252 Al-RÉghib al-AÎfahÉnÊ, p.290-291.

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the Islamic perspective is not just a theory of epistemology; rather, it covers a wide spectrum of fields of knowledge, such as knowledge of divinity, nature, math, logical and other parts of human knowledge. Theory of knowledge in IslÉm does not distinguish between ‘holy and profane’, and ‘secular and religious’. It regards learning as a form of worship. Education, therefore, is a religious duty commanded by God and regarded by Him as fulfillment of His Will, of the purpose of creation. With regard to the source, aim and nature of knowledge, the Qur’Én insists that knowledge is from God, to God and for God. Consequently, it is noticeably demonstrated in these verses that, 'science' and 'religion' are not meant to be fundamentally incompatible with each other, rather, complementary to each other. This might seem true, as the distinction between ‘science’ and ‘religion’ has no theological grounds in the Muslims’ mind. The Qur’Én does not recognize any enmity between knowledge and religion, as knowledge and religion are inseparable entities in the eyes of the Qur’Én. The Qur’Én sees knowledge as an essential tool of guiding mankind into the right path, to know the unity of God and His sovereignty, and to live properly in this universe. AllÉh says in the Qur’Én: “Know, therefore, that there is no God but Allah, and ask forgiveness for thy fault, and for the men and women who believe: for Allah knows how ye move about and how ye dwell in your homes”. 253 Knowledge should be acquired, stored and persuade without classifying it into profane and religious. ImÉm al-GhazÉlÊ affirms that IslÉm values religious teachings in jeopardy if they are not substantiated with deep knowledge of the natural sciences: In fact the religious order can only be achieved through worldly order. The religious order is done through the knowledge and devotion, and this cannot be achieved unless through the physical

253

SËrah MuÍammad; 47: 19.

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fitness, sustaining life, purchasing power which suffices people to fulfill the housing, dressing, food, and security. The religion cannot be put into order unless through fulfillment the security and the basic needs.254 The necessity of Ñamal (action) is overwhelmingly emphasized in the Qur’Én. However, knowledge is placed before action; where knowledge comes before action. AllÉh s.w.t commanded his Prophet s.a.w. to know before pronouncing even the words of tawÍÊd (maintaining the unity of God) or ÔmÉn (faith). Know, therefore, that there is no God but AllÉh, and ask forgiveness for thy fault, and for the men and women who believe: for Allah knows how ye move about and how ye dwell in your homes. 255 In another verse of the Qur’Én, it is affirmed that those who have knowledge will be placed in a higher position and rank above everyone else: “O ye who believe! When ye are told to make room in the assemblies, (spread out and) make room: (ample) room will Allah provide for you. And when ye are told to rise up, rise up Allah will rise up, to (suitable) ranks (and degrees), those of you who believe and who have been granted (mystic) Knowledge. And Allah is wellacquainted with all ye do.256 In another verse, the Qur’Én indicates that those who possess knowledge are not equal to those who do not: Is one who worships devoutly during the hour of the night prostrating himself or standing (in adoration), who takes heed of the Hereafter, and who places his hope in the Mercy of his Lord - (like one who does not)? Say: "Are those equal, those who know and those who

254

AbË ×amÊd al-GhazÉlÊ, IÍyÉ´ ÑUlËm al-DÊn(Beirut, DÉr al-Fikr, 1980), vol.1, p.17-19. 255 SËrah Muhamad: 47: 19. 256 SËrah Al-MujÉdalah: 58: 11.

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do not know? It is those who are endued with understanding that receive admonition. 257 In various verses, the Qur’Én also affirms that an individual or nation that does not respectively possess knowledge and scholars will live in illusion and sink in darkness. But those who were blind in this world, will be blind in the hereafter, and most astray from the Path.258 The Qur’Én and Civilization Devices of Knowledge One of the most important central themes of the Qur’Én is knowledge. Seventy percent of the Qur’Énic verses draw attention to the importance of seeking knowledge. ÑIlm is not only viewed as a rewarding building block in the Qur’Én, but also as a highly valued noble ingredient of human life that has an everlasting result.259 Numerous verses in the Qur’Én call for quest of knowledge while praising those who possess knowledge by putting them in a higher position above all. Allah says in the Qur’Én: Say: Are those equal, those who know and those who do not know? It is those who are endued with understanding that remember Allah's Message”.260 And “... Allah will raise up to (suitable) ranks (and degrees) those of you who believe and who have been granted knowledge.261 While covering on knowledge and its pursuance, the Qur´Én also discusses the tools of acquiring knowledge. Momentous intention

257

SËrah Al-Zumar: 39: 9. SËrah Al-IsrÉ´: 17: 72. 259 The Prophet said: “When the son of Ódam dies, the recording of his deeds stop, except for three virtues. (they are): continuing charity, some useful knowledge, and the prayers of righteous child.” (ImÉm Muslim, Sahih, vol.2, p.1255. 260 SËrah Al-Zumar; 39: 9. 261 SËrah Al-MujÉdalah; 58: 11. 258

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is drawn towards the fundamental tools and procedures of knowledge acquisition. It is interesting that AllÉh chooses to begin His revelation with something related to the tools and procedures of knowledge acquisition such as reading, pen, writing, teaching and knowledge storage. The first five verses of revelation to the Prophet s.a.w. contained learning techniques such as the ability to write and store information, writing and reading, while the origin of knowledge was underlined.262 It is a self-explaining fact that, although the level of sophistication of these tools may differ from one society to another, from one generation to another in the process of learning, these tools comprise commonly shared substantial rudiments of conveying knowledge and information to the human mind. Reading is a process of mental interpretation; written symbols is an essential factor in educational progress, and instrumental skill for procuring data from the environment to the human mind. Physiological and psychological studies suggest that the process of reading is based on a succession of quick eye movements, known as fixations, across the written line, each of which lasts for about a quarter of a second. In each fixation more than one word is perceived and interpreted, so that a skilled reader may take in more than three words per fixation when reading easy material. 263 Regardless of the various divergences among scholars on the nature of ‘reading’, it is interesting to note that AllÉh s.w.t has chosen the term ‘read’ to be the first word of His revelation to the human 262

Allah says in the Qur’Én: “Read! In the name of your Lord who created - Created the human from something which clings. Read! And your Lord is Most Bountiful He who taught (the use of) the Pen, Taught the human that which he knew not.” (96:1-5) 263 See G. Hildreth, Teaching Reading (1958); I. A. Richards, How to Read a Page (1959); G. Cuomo, Becoming a Better Reader (1960); H. Diack, Reading and the Psychology of Perception (1960); J. S. Chall, Learning to Read: The Great Debate (1967); M. Cox, The Challenge of Reading Failure (1968); M. J. Adler and C. Van Doren, How to Read a Book (rev. ed. 1972); M. C. Robeck and J. A. R. Wilson, Psychology of Reading (1974).

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being. Perhaps for many reasons known to AllÉh s.w.t, one of them might be, to draw our attention to the importance of ‘reading’ as an imperative skill for knowledge input. Another vital educational instrument mentioned in these verses is ‘Qalam; i.e., pen. The function of ‘pen’ in the educational process is obvious, especially, in the knowledge output. Reading might help the person in the knowledge storage stage, however, that is not the end of the learning process, simply because as the human character is both reactive and proactive, people like to give feedback, responsively, through writing which is conceivably: The greatest of human inventions, binding together people, citizens of distant epochs, who never knew one another. Books break the shackles of time, proof that humans can work magic.264 ‘Teaching’ as an act, process, or art of imparting knowledge and skill through effort and endeavor is impressively emphasized in these verses. As no human being is born a knowledgeable person, the Qur’Én explicitly states that Allah is the One Who teaches and gives the ability of learning to mankind. Finally, from these verses we might observe a clear indication of another crucial educational instrument which is the ‘cognitive mind’,265 the internal mental processes such as memory, problem solving, and language, etc. In these verses the Prophet s.a.w was commanded to read, “Read in the name of your Lord” but there was nothing to read, neither written material nor other object in front of him. Besides this, it was well known that the Prophet s.a.w was al264

Carl Sagan, Cosmos: New York, Cambridge University Press, 2000, p.123. Cognitive psychologists are interested in how people understand, diagnose, and solve problems, concerning themselves with the mental processes which mediate between stimulus and response. Cognitive theory contends that solutions to problems take the form of algorithms–rules that are not necessarily understood but promise a solution, or heuristics–rules that are understood but that do not always guarantee solutions. In other instances, solutions may be found through insight, a sudden awareness of relationships. A. J. Sanford, Cognition and Cognitive Psychology 1986; H. L. Pick, P. Van den Broek, and D. C. Knill, ed., Cognition: Conceptual and Methodological Issues 1992. 265

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Ummi; i.e., an unlettered person who cannot read or write. Here, it is understood that the Qur’Én was signaling to the importance of mental capacity as a storage of learned information as well as to recall what has been stored. The first Qur’Énic verse (Iqra´ or Read) contains the main educational devices as follows:266 1. Process of Learning

Teachin g

2. Tools of comprehension; input and output

Learnin g

Pen

Reading

3. Source of knowledge and the 4. Fruits of learning and saving nature of man storage

Allah is the source of knowledge

Allah created man

Knowledg e

Human mind as storage of knowledge

ÑAmal (work/action) and its Importance in the Qur’Én ÑAmal (work) in the Qur’Én covers a wide spectrum of topics ranging from devotional religious practices to professional and political activities. Work is demanded for both social and religious considerations; nevertheless, it should be guided by knowledge. The Arabic term ÑAmal, and all its ramifications, are equally applicable to all manifestations of ‘work’. In view of the Qur’Én, work is very important to the extent that it is not only an honorable act but also an 266

Proclaim! (or read!) in the name of thy Lord and Cherisher, Who created. Created man, out of a (mere) clot of congealed blood: Proclaim! And thy Lord is Most Bountiful. He Who taught (the use of) the pen. Taught man that which he knew not. (SËrah al-ÑAlaq, Verse, 1-5.)

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act of worship. IslÉm sees work as a basic element of human life, which covers not only this worldly life but also in the hereafter. The Qur’Én says that if the person calls for AllÉh (s.w.t) and at the same time fulfils the good work; there is none nobler than him.267 And who is better in speech (work, deed) than him who prayed unto his Lord and doeth right, and said: Lo! I am of those who surrender unto Him.268 Furthermore, AllÉh (s.w.t) promised in the Qur’Én that if anyone engages in good deeds and maintains faith in AllÉh, he will enjoy a good life here and in the hereafter. Whosoever doeth right , whether male or female, and is a believer, him verily We shall quicken with good life, and We shall pay them a recompense in proportion to the best of what they used to do.269 Therefore, man is required to work since the day he was born to the day he dies.270 Allah says in the Qur’Én that He has created everything on earth for people to utilize for their interest and benefits: It is He Who hath created for you all things that are on earth; then He turned to the heaven and made them into seven firmaments. And of all things He hath perfect knowledge. 271 Thus, people must go and work to seek his sustenance on earth. He it is who hath made the earth subservient unto you, so walk in the paths thereof and eat of His providence. And unto Him will be the resurrection (of the dead).272

267

See: Essays on Islamic Provisional Ethics, ed: Dr.Hersi Mahmed Hellole, Roslizawati M. Ramsy, A. Karim A. Terebessy, Pub: Kaci Trading Sdn, Kuala Lumpur, 2004, p.89-92. 268 SËrah FuÎÎilat; 41: 33. 269 SËrah Al-NaÍl; 16: 97. 270 It was narrated from the Prophet, “If the last hour strikes and finds you holding a nursling in your hand, go ahead and plant it”. Reported by ImÉm al-BukhÉrÊ. Hadeeth no.478. 271 SËrah Al-Baqarah; 2: 29.

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IslÉm regards “work” as inclusive of all human endeavors on earth. AllÉh (s.w.t) has commanded all humans to work and to produce, and has promised that work will indeed earn merit for the worker, material as well as ethical and spiritual. He affirms that no one will receive anything more than what he/she has worked and earned for himself. Then, on that Day, not a soul will be wronged in the least, and ye shall but be repaid the meads of your past Deeds.273 AllÉh (s.w.t) has described the true believers as those: Who establish IslÉm on earth and reconstruct the world around them so as to make it a place of plenty and peace for all.274 The Messenger of AllÉh (s.a.w) said: No one eats a better food than what he has attained through his manual work.275 Answering the question of what is the best sustenance that some may have, the Prophet (s.a.w) said: That which proceeds from the work of your hand, as well as every legitimate sale.276 On another occasion, the Prophet (s.a.w) indicated that whoever returns home at the end of the day exhausted from his application and effort by his hand, the hand which shows the effect of hard work is worthy of being kissed. In addition, he said: It is better for anyone of you to carry a bundle of wood on his back, and sell it than to beg of someone whether he may give or refuse to give him.277

272

SËrah Al-Mulk; 67: 15. SËrah YÉ SÊn; 36: 54. 274 Ismail al-Faruqi and Gamal al-Banna, Towards Islamic Labor and Unionism (Cairo, n.d.), p.11. 275 Reported by ImÉm al-BukhÉrÊ. Hadeeth no.2072 276 Reported by ImÉm al-BukhÉrÊ and ImÉm Muslim. Hadeeth no. 283 277 Reported by ImÉm al-BukhÉrÊ and ImÉm Muslim. Hadeeth no.1471 273

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Work according to the Qur’Én is the bona fide basis of personal and social changes, as Allah (s.w.t) will never change the condition of one group or society until they change their situation and improve their life. For each (such person) there are (angels) in succession, before and behind him: They guard him by command of Allah. Verily never will Allah change the condition of a people until they change it themselves (with their own souls). But when (once) Allah willeth a people's punishment, there can be no turning it back, nor will they find, besides Him, any to protect.278 According to the Qur’Én, for the sake of the development of civilization, God will support those who work regardless of their faith and ethnicity. God’s grace is not confined to the Muslims on worldly affairs in this life but is extended to those who work: Of the bounties of thy Lord We bestow freely on all- These as well as those: The bounties of thy Lord are not closed (to anyone).279 Finally, the Qur’Én urges its followers to continuously work hard without feeling laziness since survival on earth depends on strenuous work: And say: "Work (righteousness): Soon will Allah observe your work, and His Messenger, and the Believers: Soon will ye be brought back to the knower of what is hidden and what is open: then will He show you the truth of all that ye did.280

278

SËrah Al-RaÑd; 13: 11. SËrah Al-IsrÉ´; 17: 20 280 SËrah Al-Tawbah; 9: 105. 279

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Conclusion Since the concept Islamic civilization denotes an advanced state of intellectual, cultural, and material development in Muslim societies, marked by progress in the arts and sciences, based on Islamic teachings and principles, knowledge emerges as an indispensable element in such condition. Without proper knowledge, the implications of Islam ÍadÉri’s progressive aspirations would not be pertinent. Knowledge as a collective intelligence of the human race has an enormous impact on social stability and economic well-being of the human life, hence, it should be given precedence. It is a striking reality that without proper appendage of necessary knowledge, skills, values and awareness the attainments of the targets set could not be possible. On the other hand, the Qur’Én sturdily accentuates the inevitability of Ñamal and ÑIlm in human life and civilization progress. Allah (s.w.t) will never change people unless they work and change the conditions of their life; everyone, whether in groups or individually, deserves to reap the result of his or her work. According to Qur’Énic verses, there could be neither civilizational progress nor human development in any sagacity without proper equipment of knowledge and tireless and continuous hardwork.

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References ÑAbd. Ra´Ëf, MuÍammad. (1991). The Muslim Mind Foundation and Early Manifestation. K.L, Malaysia: Dewan Bahasa dan Pustaka. Abd. Rahim Abd.Rashid, The Role of Education in Transforming Malaysia into Science and Technological Society: Issues and Challenges. International Conference on Values and Attitudes in Science and Technology. Held: 3-6 September 1996, Kuala Lumpur, Malaysia. Abdullah Yusuf Ali. (1987). The Holy Qur’an: Text,Translation & Commentry, USA. AbË ×amÊd al-GhazÉlÊ. (1980). IÍyÉ´ ÑUlËm al-DÊn: Bierut, DÉr al-Fikr. Al-JurjÉnÊ, ÑAlÊ b. MuÍammad b. ÑAlÊ. (1980). KitÉb alTaÑrifÉt: Bierut, DÉr al-RayyÉn li at-TurÉth. Al-RÉghib al-AÎfahÉnÊ. ( n.d.). al-MufradÉt fÊ GharÊb alQur’Én: Beirut, DÉr al-Ma’rifah. Al-ÙaÍÉwunÊ, MuÍammad ÑAlÊ. (1996). MawsuÑÉt KashÉf IÎÏilÉÍÉt al-FunËn wa al-Ñ UlËm: Beirut, Maktabat Lebanon Nashirun,. Department of Islamic Development Malaysia. (2004).The Concept of Islam hadÉri. Department of Islamic Development Malaysia Hans Wehr, Dictionary of Modern Written Arabic, 3rd ed, Macdonald &Evans Ltd. London, UK. 1974. Houghton Mifflin Company. (2000). The American Heritage Dictionary of the English Language. The Houghton Mifflin Company. Ibn MÉjah MuÍammad b. YazÊd. (1984). Sunan Ibn MÉjah. RiyÉdh: SharikÉt at-ÙibÉ’ah al-ÑArabiyah. Ismail al-Faruqi and Gamal al- Banna, (n.d). Towards Islamic Labor and Unionism, Pub: The International Islamic Confederation of Labor, Cairo. Muhammad ‘Uthman El-Muhammady, Knowledge Society and Quality of Life: An Islamic Perspective, 11th Leadership Seminar of the Southeast Asian Center of Environmental and Urban Management 2004 Kuala Lumpur. Muslim Ibn Al-×ajÉj b. Muslim al-Qushayri An-NÊsÉbËri. (1928). ØaÍÊÍ Muslim. Cairo: MuÎÏafa al-BÉbi, al-×alabi. 167


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JihÉd versus Terrorism Revisiting the Relvant Qur’Énic Verses Ammar Fadzil* Abstract September 11, 2001 marked a crucial turning point for the Islamic notion of jihÉd. This tragedy has been connected to Muslim terrorists. Terrorists have resorted to Qur’Énic injunctions to justify their actions i.e. jihÉd, which might give the idea that terrorism has found its roots and support in the Qur’Én. Many groups have spoken out against terrorism. The fact is the Qur’Én condemns terrorism, but it advocates jihÉd. The September issue of Time Magazine has quoted some verses on jihÉd used by the so-called terrorists as their justification, and such justifications are refuted by others. Thus, this article deems it timely to revisit the Qur’Énic verses pertaining to the concept of jihÉd which have been used to justify terrorism in order to arrive at a more impartial and better interpretation of these verses. Keywords: The Qur’Én, Islam, JihÉd, Terrorism. Justification Introduction Since September 11, 2001, there have a lot of discussions on the subject of war which involves killing and bloodshed. Terrorists have emerged from their hiding places threatening the safety of human beings. The main focus in this paper is on the Qur’Énic notion jihÉd. The reason for that is that the Muslims who have been accused as terrorists always seek justification for their actions and cause from

*

Associate Professor, Dept. of Qur’an and Sunnah Studies, International Islamic University Malaysia

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Qur’Énic verses. The Qur’Én seeks to establish peace and justice on the earth. It is manipulation rather than interpretation of the Qur’Én to use its verses to support a cause leading to chaos and bloodshed in society. Killing in Islam Islam fundamentally respects the human right to life. It seeks to ensure safety of and peace in life. Islam forbids killing and regards it as one of the greatest sins: 4:93 reads: “And whoever kills a believer intentionally, his recompense is Hell to abide therein…”. The Qur’Én narrates story of two sons of Adam and concludes it in this way: “If anyone killed a person not in retaliation of murder, or to spread mischief in the land, it would be as if he killed all mankind…” (5:32). It is now crystal clear from this approach of the Qur’Én that killing humans and bloodshed without just and genuine reason are not merely detrimental to the social fabric but also a morally unlawful act. Islam forbids killing one’s own children even though it is for the sake of protecting one’s honour. The objectives of creating human races and languages in different communities are that they should learn to know each other and as a sign of God’s greatness. Islam urges its members to form a harmonious family and have good relationships not only in the family but also among the members of society. Even though killing is essentially prohibited, the Qur’Én allows killing humans under certain conditions: “And kill not anyone whom Allah has forbidden except for a just cause” (5:32; 6:151). The Prophetic ÍadÊth refers to three conditions: apostasy, adultery, and retribution for murder. The Qur’Én has mentioned highway robbery as another condition for killing humans (5:33). It can be derived from here that any severe transgressions against an established Islamic state could also be a valid reason for killing the culprits. It should be born in mind that it is not individuals but legal state authority to use the permission for execution.

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JihÉd versus Terrorism

Ammar Fadzil

Meaning of JihÉd JihÉd is “to strive or struggle”. Literally, it is from the root jahada which means to strive or struggle. It denotes the idea of enduring difficulties in order to arrive at an objective (Kolan, 2002, p. 23). In its most general meaning, it refers to the obligation incumbent on all Muslims, as individuals and as a community, to exert themselves to realize God’s will, to lead virtuous lives, and to extend the Islamic community through preaching, education, and so on (Esposito, 1998, p. 93). Based on this meaning, any effort made to achieve good aims and results is considered jihÉd. This includes the will and endeavour to change the status of one’s life from any angle such as economical, social and political. Technically, the word jihÉd from Islamic perspective is not confined only to this meaning. Rather, it covers the idea of striving towards strengthening the relationship between man and God. This can be done with the removal of any barrier that might come between man’s relations with God (Kolan, p. 23). Qur’Énic Verses on JihÉd Covering the whole Qur’Énic framework on jihÉd is beyond the scope of this article. The focus will be on some specific issues. To understand the concept of jihÉd, the verses must be divided into two phases of revelation: Makkan and Madinan. The former refers to the period of the Prophet’s (s.a.w.) mission at Mecca before the hijrah (migration) to Madina and the latter denotes the period of the Prophet’s (s.a.w.) mission in Medina after the hijrah to Medina. This division is important to discover the process of legislation and the development of the concept of jihÉd. This is due to the fact that jihÉd is a part of Islamic legislation. The chronology of revelation of the Qur’Énic verses on jihÉd can offer a better understanding of the concept, significance and relevance. There are four verses on jihÉd revealed in Makkan phase of the Qur’Énic revelation: 1) “Then, verily your Lord for those who emigrated after they had been put to trials and thereafter strove hard and fought 171


(jÉhadË) [for the cause of Allah] and were patient, verily your Lord afterward is Oft Forgiving Most Merciful” (16:110). 2) “So obey not the disbelievers, but strive against them (wa jÉhidhum) with the utmost endeavor with it.” (25:52). 3) 29:6“and whosoever strives (jÉhada) he strives only for himself. Verily Allah stands not in need of any of the universe” (29:6). 4) “As for those who strive hard (jÉhadË) in Us [Our cause], We will surely guide them to Our paths and verily Allah is with the good doers.” (29:69). These verses are Makkan and reflect Muslims situation of jihÉd at that time at Makkah. The verse29:69 gives the most general meaning of jihÉd as it includes all efforts that strengthen man’s relations with God by striving to do all religious duties and thus any barrier that obstructs these duties should be cast aside. Sayyid QuÏb views that jihÉd in the verses 29.6 and 69 means jihÉd against the soul and to prevent tribulation (fitnah) (Husin, 1997, p. 58). JihÉd in the Makkan period can not have any implication of armed war. It rather means to face enemies by preaching the message of Islam and countering their false beliefs with good, strong arguments. This is parallel with another Makkan verse asking the Prophet to proclaim openly the message of Islam: “Therefore proclaim openly that which you are commanded and turn away from polytheists” (15:94). All the above quoted verses describe proclaiming the Islamic message and enduring persecution at the hands of enemies as jihÉd. The hijrah made by Makkan Muslims to Ethiopia may be considered a kind of jihÉd. It is to be reiterated that none of the above-mentioned verses refers to jihÉd in the sense of armed jihÉd (fighting). This is due to two reasons. First, these verses came down to explain to Muslims the general idea of jihÉd and its comprehensive implication in life. Second, these verses were revealed to describe the situation Muslims faced at Makkah at that time. They were few in number and lacked 172


Ammar Fadzil

control; their focus was on propagating Islam and defending their faith by patiently enduring enemies’ persecution. As Rahman puts it, jihÉd in Makkan phase was “merely a strong-willed resistance to the pressure of fitna (tribulation) and retaliation in case of violence; or in the case of the parents of a son who had embraced Islam, a strong effort to reconvert him from Islam” (Rahman 1989, 160). The proclamation of Islamic message as a type of jihÉd is very wide. It not only means to proclaim Islam to the non-believers but it also shows that jihÉd covers all efforts that are related to the uplifting the name of Islam. Islamic books on fiqh define jihÉd as firstly “to call people to Islam, to enjoin the right and to forbid the wrong.” Al-BahËtÊ states in his KashshÉf al-QinÉc that jihÉad is “to make proclamation of Islamic call and removing the ambiguities, and to develop things that are needed by the society regarding their life and religious affairs, physical and spiritual because the matters of life are depending on all these things.” Ibn Rushd, begins the discussion on jihÉd in his Muqaddimah Ibn Rushd by stating that jihÉd is divided into four types: by the soul, by the tongue, by the hand, and by the sword (cited in alBËÏÊ, 1997, p. 47). Based on Ibn Rushd’s classification, jihÉd in Meccan period could be divided into two: by the soul and by the tongue. When we move to the Madinan phase, we find that the verses related to jihÉd are numerous. They expand the type of jihÉd of the soul and tongue to the other two types: by the hand and by the sword. The Madinan verses always stress that jihÉd must be in the way of God (fÊ sable AllÉh). In the way of God is the criterion for the reward of jihÉd (Husin, p. 72). It requires Muslims to sacrifice willingly their wealth and life for the cause of jihÉd in which they are destined to receive a great reward in return. The Madinan verses refer, for example, to the obligation of jihÉd in self-defence (2:190), defending those who are oppressed, men, women, and children who cry for help (4:75) (Haleem, 1999, p. 63). The Madinan verses also refer to the purpose of jihÉd as raising the name of the religion. (the Qur’an: 9:40)

173


JihÉd in the Medinan phase expands the meaning of jihÉd from striving to proclaim the Islamic message to the extent of armed fighting. However, to understand exactly the concept of jihÉd, one must not base one’s understanding on the literal aspect or meaning of the verses. Rather, one must be able to look at and study the verses from several angles such as the level of the implication of the verses (dalÉlah), the background of the verses and one must have a good knowledge of the purposes (maqÉÎid) of legislation, i.e., the jihÉd. The Medinan verses on jihÉd have a strong relation with the background of the Muslims’ life at that time at Madinah. These verses were revealed regarding particular incidents. The legislation on jihÉd is unlike the legislation on the prohibition of usury and drinking wine, which underwent a gradual process. Verses on jihÉd with different implications are not aimed to illustrate the gradual process of jihÉd as understood by some people. They rather aim to tell us the types of jihÉd and the ruling for each category (al-Buti, p. 26; Kolan, p. 26). Our argument is though the verses regarding armed jihÉd were revealed, there were Madinan verses asking Muslims to proclaim the message to others including the disbelievers which require them to do it gently and without coercion, for example, 2:256, “There is no compulsion in religion.” AbË ×ayyÉn, a Qur’Énic exegete, views that these differences of the types of jihÉd were according to the political demands. (AbË ×ayyÉn, 1993, 1:73) What should be stressed here is that armed fighting in the Qur’Én is not only discussed under the term qitÉl but also under the term jihÉd. Thus, the relation is between the specific and the general. The reason is not only to show that qitÉl signifies armed fighting but also to stress that armed fighting (qitÉl) is another type of jihÉd in Islam. QitÉl or Armed JihÉd QitÉl verses were revealed only after the Muslims had settled in Madina and Islamic state was established there. The verses on armed fighting were revealed only in Madinah, and not in Makkah where there had not yet been established Islamic state. It is because the enforcement of armed jihÉd is for the defense of the state. When the 174


Ammar Fadzil

verse 22:41 came down giving permission to Muslims to fight against the oppressors, it was quite relevant and significant for the situation. Many scholars relate the oppression in this verse to the Qurayshite oppression of Muslims before hijrah. However, this verse was not revealed immediately after the hijrah. It was, rather, revealed after the Madinan state had been firmly established. This suggests that armed fighting was imposed to defend the state from the threat of its enemies (al-BËÏÊ, p. 79). This is supported by the fact that the Muslims came to know that the Qurayish sent letter to the disbelievers in Madina, advising them to rise against believers; and this was seen by Muslims as a threat to their survival in Madina (al-GhaÌabÉn, 1998, p. 159). Muslim jurists are have unequivocally declared that armed jihÉd against enemies is not an individual responsibility of citizens of a nation but it is certainly the duty of state’s ruler. Muslim masses or citizens have right to take arms in their hands against enemies only when the threat goes directly against; they do not need to wait until the state authorities give them permission to do that (al-BËÏÊ, p. 115). Another Qur’Énic idea of armed fighting is that once the hostility of the enemy ceases, the Muslims must stop fighting (2:193, 8:39). The verse 8:61 reads: “And if they incline to peace, do so and put your trust in God. Even if they intend to deceive you, remember that God is sufficient for you.” When the war is over, the Qur’Én gives instructions as to the treatment of prisoners of war and the new relationship with the non-Muslims (Haleem, p. 66). JihÉd Verses Used by So-Called Terrorists London’s Time Magazine in its September issue devoted few pages to the issue of jihÉd. In an interview with someone from alQaeda, the verse 2:191 from the Qur’Én was quoted in order to justify their cause to launch attack against non-believers (Times 2004, 44). In fact, there are many more verses in the Qur’Én that encourage Muslims to fight the disbelievers. However, those who claim that such verses give permission to simply kill non-Muslims have overlooked the Qur’Énic framework on this issue. They have neglected several elements, including background of such revelations; and they have also 175


ignored other verses forbidding Muslims from doing injustice to nonMuslims. The most important thing that needs to be addressed here is the reason for this command? Was it for mere disbelief (kufr) or hostility (ÍirÉbah)? Careful analysis will show that the reason for this command in all the verses regarding armed jihÉd was hostility on the part of enemies. The existence of the verses asking Muslims to do good towards non-Muslims who do not commit any hostility against them serve as ample evidence that advice for armed struggle is exclusively for a situation warranting for that. The Qur’Én says: “Allah does not forbid you to deal justly and kindly with those who fought not against you on account of religion nor drove you out of your homes. Verily, Allah loves those who deal with equity” (60:8). There are two statements in the Qur’an (2:191-193 & 9:5-6) that command Muslims to fight the disbelievers. These verses are also referred to by some as the ‘sword verse’. It is true that these verses call upon believers to fight non-believers but to interpret them as general permission to kill any non-believers is not interpretation of the Qur’an. Interpretation of any verse in the Qur’Én out of context makes no sense (Haleem, 63). The verses 2:190-193 read: And fight in the way of Allah, those who fight you, but transgress not the limits. Truly Allah likes not the transgressors. And kill them wherever you find them, and turn them out from where they have turned you out, and al-fitnah is worse than killing. And fight not with them at al-Masjid al-×aram unless they (first) fight you there. But if they attack you, then kill them. Such is the recompense of the disbelievers. But if they cease, then Allah is Oft-forgiving, Most Merciful. And fight them until there is no more fitnah and worship is for Allah alone. But if they cease, let there be no transgression except against the wrong-doers. The first verse of the group asks Muslims to fight those who fight them. Here it is obvious that the reason (cillah) for this armed jihÉd is the enemies’ hostility. These verses come in the context of combating those who bar Muslims from reaching the sacred Mosque at Makkah to perform the pilgrimage (Haleem, 64). Furthermore, the 176


Ammar Fadzil

Qur’Én uses the word qitÉl, which, as al-BËÏÊ suggests, signifies the idea that one group is responding to another group in which the latter is the one who initiates the act of killing. In this case, it were the disbelievers who initiated the act of killing and Muslims only reacted in order to defend themselves and to stop the disbelievers. The verse 2:193, which asks Muslims to fight their enemies until there is no fitnah (tribulation) is unconditional (muÏlaq) which in Islamic jurisprudence should be understood in the light of the qualified (muqayyad) (Husin, p. 172). Therefore, this verse should be understood in the light of the previous verse which states that the reason for armed jihÉd is only to end the transgression. The verses also signify the protection of civilians. The Prophet and his successors, when they sent out an army, gave clear instructions not to attack civilians – women, religious people engaged in worship – nor destroy crops or animals. The army men were advised to fight only the combatants, and none else. Thus wars and weapons of destruction that destroy civilians and their towns are ruled out by the Qur’Én and by the word of the Prophet. The prohibition is regularly reinforced by the statements of the Qur’Én: (1) “Do not transgress”; (2) “God does not love the transgressor”. Transgression has been interpreted by Qur’Énic exegetes as ‘initiating fighting; fighting those with whom a treaty has been concluded; surprising the enemy without first inviting them to make peace; destroying crops or killing those who should be protected (Haleem, pp. 63-64). The verses 9:5-6 reads: Then when the Sacred Months have passed, then kill the polytheists whenever you find them and capture them and besiege them and lie in wait for them in each and every ambush. But if they repent and perform the prayer and give the alms giving, then leave them their way free. Verily Allah is Oft-Forgiving, Most Merciful. And if anyone of the polytheists seek your protection then grant him protection so that he may hear the word of Allah and then escort him to where he can be secure, that is because they are men who know not. Many people read these verses in isolation of each other and the result is misinterpretation. If someone limits his reading to only 177


the first of the two verses, he might conclude that the reason for this armed jihÉd against the disbelievers is mere disbelief. Logic demands that the first verse should be read along with what follows it, “And if anyone of the polytheists seek your protection then grant him protection”. If the reason for armed jihÉd is mere disbelief, why, then, the Qur’Én instructs Muslims to give permission to disbelievers to enter the Muslims’ territories to listen to the Qur’Énic teachings? It shows that the genuine basis for armed fighting is hostility and not mere disbelief (al-BËÏÊ, p. 56). The phrase ‘kill the polytheists’ is singled out by some Western scholars to represent the Islamic attitude to war; even some Muslims take this view and allege that this verse has abrogated other verses on war. This is spectacular example of decontextualization of a small part of a sentence. (Haleem, 65). The reason for this fighting was due to Quraysh’s hostilities against Muslims after the former had practically broken the treaty with Muslims. Thus Muslims were given permission to fight only those who caused hostilities against them. The Qur’Én is consistent with its regulations on war and thus the immediate verse of 9:5-6 exempts the polytheists who do not break their agreements and who keep peace with the Muslims (9:7) (Haleem, p. 65).

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Ammar Fadzil

Conclusion Islam is against killing and views it as a great sin. However, under certain conditions, killing cannot be avoided and this is generally associated with punishment and jihÉd. JihÉd in the sense of armed fighting (qitÉl) and is related to strict conditions. Its purpose is to defend Muslim countries from enemies’ hostility. Nevertheless, jihÉd is wider than armed fighting. It rather means any endeavour made to improve one’s relations with God. Muslims must fully understand their function and purpose, and their relation with God in order to have a better understanding and practice of the concept of jihÉd. The purpose of jihÉd in the Qur’Én is to promote religion to others but this must be done in a proper manner and does not contradict the Qur’Énic basis of dacwah: “there is no compulsion in embracing Islam”. The nature and types of jihÉd depend on the situation and the needs of the Muslim ummah. When there is a need to carry out armed jihÉd, it is deemed necessary. Fighting in the battlefield is jihÉd but not terrorism. Terrorism is to kill people unjustly in a situation of peace. The Qur’Én does not condone this kind of act of bloodshed.

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References: * This article originally was a paper presented at the IAHR TOKYO

2005 under the sponsorship of the International Islamic University Malaysia. Al-BËÏÊ, MuÍammad SacÊd RamaÌÉn. (1997). al-JihÉd fÊ al-IslÉm. Damascus: DÉr al-Fikr. Berita Harian, 24th September, 2004. Esposito, John L. (1998). Islam The Straight Path. Oxford University Press. Abdel Haleem, Muhammad. (1999). Understanding the Qur’an: Themes and Styles. London: I.B. Tauris Publishers. AbË ×ayyÉn, MuÍammad. (1993). Al-BaÍr al-MuÍÊÏ. Beirut: DÉr alKutub al-cIlmiyya. Husin, Amir. (1997). The Concept of JihÉd According to Sayyid QuÏb In His FÊ ÚilÉl al-Qur’Én. unpublished Ph.D. Thesis, University of Edinburgh. Kolan, MuÍammad FatÍ AllÉh. (2002). IclÉ’ KalimÉt AllÉh Aw alJihÉd. Istanbul: DÉr al-NÊllil-ÙibÉca wa al-Nashr. Al-QarÉÌÉwÊ, YËsuf. (2000). Dars al-Nakba al-ThÉniya. Beirut: Mu’assat al-RisÉla. Rahman, Fazlur. (1989). Major Themes of the Qur’Én. Kuala Lumpur: Islamic Book Trust, . Utusan Malaysia, 16th October, 2003.  

http://www.inq7.net/opi/2003/may/01/opi_bocunanan-1.htm www.miti.gov.my/temubualpm.htmlAllah Ibn

180

INDEX Al-Madrasat Al-Aqliyyah, 92

Abd Allah Ibn Masud, 26

Al-Numan Ibn Bashir, 28

Abd Al-Rahman Ibn Al-Mahdi, 163

Al-Qurtubi, 6, 15, 24, 39

Abdul Rahim Abd. Rashid, 176, 179

Al-Ramhurmuzi, 163

Abdullah Bin Umar, 11, 84, 148

Al-Razi, 15, 25, 27, 28, 29, 165

Abdullah Ibn Zubayr, 147

Al-Salaf Al-Salih, 93

Abraz Al-Maalim, 93

Al-Shaykh Al-Sayis’, 106

Abu Al-Minhal, 22

Al-Tarikh, 59

Al-Wahy, 59

Abu Bakr Al-Siddiq, 3, 75, 110, 143, 144, 145, 149 Abu Bakr Ibn Muhammad Ibn Amr Ibn Hazm, 150 Abu Darda, 23

Amr Ibn Al-As, 148

Abu Huraira, 11, 31, 41, 26, 97, 147

Amr Ibn Dinar, 165

Abu Jahl, 78, 81

Anas Ibn Malik, 41, 97, 98

Abu Mas’ud, 7, 14

Al-Thawri, 151, 165 Al-Ummi, 188

Abu Sufyan, 78 Ansar, 57, 138, 144

Abu Zayd, 43, 44, 60, 62

Ansari, 27

Adalah Al-Ruwah, 160

Arkoun, 43, 44, 59, 60, 62, 63

Adam, 73

Aswad Ibn Zayd Al-Ansi, 145

Afir Ibn Midan, 161

Audah, 92

Ahmad Ibn Hanbal, 147, 164

Badawiyyah, 137

Aishah, 148

Badr, 78

Al- Abbas, 144

Balca, 81

Al- Bara’ Bin Azib, 22

Bani Laith, 142

Al-Baghdadi, 161

Banu Makhzum, 14

Al-Bukhari, 7, 9,A124 14, 18, 156 165

Banu Nazir, 79

Al-Dahhak, 15

Bayah, 148

Al-Darqutni, 165

Bazaars, 14, 17

Al-Fajur, 26

Bedouinism, 137, 139, 140

Al-Haqiqah, 59

Bumiputra, 42

Al-Harra, 98

Buraida Ibn Hussaib Al-Aslami, 142

Ali Al-Madini, 154, 165

Busra, 85

Ali Ibn Abi Talib, 130

Byzantine Empire, 75

Al-Imam Abu Al-Saud, 16

Cur Deus Homo, 51

Al-Kutub Al-Sittah, 97

181

INDEX Historians, 151

Dabt Al-Ruwah, 160, 163

Homs, 161

Damdam Bin Amr Al-Ghifari, 78

Hudaybiah, 69

Dato’ Saifuddin Abdullah, 13

Hudhaifah, 33

Dawah, 76

Hudud, 94, 107

Dawud, 176, 177

Hussayn, 146

Dead Sea Scrolls, 46

Huyyay Ibn Akhtab, 79

Dhu Al-Qarnayn, 177

Ibn Abbas, 137, 138

Fadak, 144

Ibn Adi, 142

Fadl, 42

Ibn Al-Arabi, 106

Fakhr Al-Din Al- Razi, 84

Ibn Ashur, 14

Fasad, 73

Ibn Hajar, 22, 29, 41

Fath Mubin, 80

Ibn Kathir, 25, 33, 40

Fatimah, 111

Ibn Lahiah, 164

Fazlurrahman, 43, 44, 52, 55, 59, 62

Ibn Qaiyyim, 67

Fuqaha, 151

Ibn Umar, 7, 37

Gadamer, 45, 50

Ihsan, 122, 123

Gog And Magog, 177

Ijma, 93

Gospels, 46

Ijtihad, 93, 94, 101, 102

Hadara, 170

Illah, 160, 164

Hakim Ibn Hizam, 38

Illalladhina, 104

Hammam, 9

Imam Ahmad, 138

Hamza, 58

Imam Al-Bukhari+A26

Hamzah Ibn Abd Al-Muttalib, 130

Imam Al-Ghazali, 2, 184

Hanafi School, 100

Imam Al-Qurtubi, 154

Hanifiyyah, 102

Imam Al-Sha’rawi, 10

Hans-Georg, 50

Imam Al-Tabari, 8

Harb, 67

Imam Al-Tabrani, 137

Harith Bin Umayr, 85

Imam Al-Tirmidhi, 146

Hasan Al-Basri, 68

Imam Az-Zuhri, 18

Hasan, 146

Imam Ibn Hajar, 22, 99

Hashim Ibn Abd Manaf, 14

Imam Malik, 11, 12

Hassan Hanafi, 61

Imam Muslim, 7

Hawas, 182

Imam Shafii, 155

Hirabah, 91, 97, 98, 99, 103, 104, 105, 106, 113

182

INDEX Mufassirun, 152

Islam Hadari, 169

Muhaddithun, 150, 160, 167

Isnad, 135, 136, 160

Muhaddithun, 152, 153, 156, 157, 161, 163 Muhammad Ibn Shihab Al-Zuhri, 150

Istiqamah, 102 Ittisal Al-Sanad, 160 Iyad Ibn Himar, 35

Muhammad Ibn Sirin, 156

Jabir B. Abd Allah, 17

Muhammad Ibn Talha, 147

Jabir, 17, 37

Muhammad Said Ashmawi, 104

Jafar Ibn Abi Talib, 125, 130

Muhammad Shahrur, 91

Jahd Aymānihim, 66

Mujahid Ibn Jabr, 8

Jihad, 198

Mujtahid, 94

Jundub, 33, 37, 38

Mujtahids, 148

Kaffarah, 127

Mulamasa, 11

Kenneth Cragg, 44, 61, 62

Munabadha, 11

Khadijah Bint Al-Khuwailid, 3

Munqati, 162

Khalid Ibn Al-Walid, 71

Mursal, 162

Khalid Ibn Midan., 161

Musa Al-Ashari, 148

Khalid Ibn Walid, 79

Musaylimah, 145

Khawarij, 149

Muttasil, 158

Khiyar Majlis, 7

Nafi, 7

Kierkegaard, 51

Nahawand, 145

Madaniyyah, 137

Nasr Hamid, 60, 62

Madyan, 40

Nazir, 79

Maghazi, 151

Nifaq, 132

Maliki School, 100

Nisab, 18

Maqasid Al-Shari’ah, 2

Paul Ricoeur, 45, 47, 63

Marifah, 180

Paul Tillich, 52

Matruk, 163

Proslogion, 51

Mazhab, 171

Qatada, 163

Mr. Edward Gibbon Opines, 81

Qisas, 103

Mu’tazilate, 155

Qital, 67

Muallaq, 162

Qiyas, 59

Muawiyah, 148, 149

Quraysh, 13, 14, 78, 79, 80, 144

Mudal, 162

Qureish, 55

Mudd, 14

Rahman, 53, 54, 55, 56, 57, 58, 59, 63

183

INDEX Tan Sri Syed Mokhtar Syah Syed, 42

Religio-Economic, 55

Taqwa, 9, 31

Riba, 21, 31

Tarif Abi Tamimah, 33

Riba, 36, 37

Tashri, 102

Ricoeur, 45

Tertulian, 51

Rudolf Bultmann, 50, 51

Thaqafi, 138

Sadaqa Allah Al-Azim, 59

Tijarah, 42

Sadiq Al-Bilid, 103

Trade, 2, 36

Sadiq, 91, 103, 104, 105, 106

Traffic, 2, 10, 18, 24 Tulayhah Ibn Khuwaylid Al-Asadi, 145 Uhud

Safwan, 33

Uhud, 78, 79, 130

Salman Ibn Fahd Al-Audah, 92

Ukl, 97, 99

Sariqah, 91, 98, 103, 105, 106

Umar B. Khattab, 21, 24, 57, 58, 120, 127 Umar Ibn Musa, 161

Sayyid Qutb, 18, 20, 23, 27, 30, 32, 35, 40, 201, 210 Schleiermacher, 49

Umur Al-Ghaibiyyah, 94

Shabi, 162

Uqba B. Amir Al-Juhani, 7

Shadaqah, 19

Uraina, 97, 99

Shafii School, 100

Usul Al-Tafasir, 54

Shahrur, 94, 96, 101, 102, 103, 114

Uthman, 145, 146, 147, 148

Shariah, 61

Uthman, 147

Sheikh Ishaq Ibn Rahwayh, 156

Uyaynah Ibn Hisn, 153

Shudhudh, 160, 165, 166

Yahya Ibn Qattan, 163

Shurahbil Bin Amr, Governor, 85

Yahya Ibn Said Al-Ansari, 150, 155

Shurut, 93

Yahya Ibn Said Al-Qattan

Siffin, 148

Yala, 139, 165

St. Paul, 46

Yayha Ibn Ma’in, 154

Sufyan Al-Thawri, 161

Zaid Ibn Al- Arqam, 22

Sulayman, 176, 177

Zaid Ibn Harithah, 130

Sunnat Al-Tadafu, 72

Zakah, 18, 19, 20, 30, 35

Ta’wil, 92

Zayd Ibn Thabit, 147

Tabuk, 81, 83, 85

Zubayr, 148

Tadlis, 158, 163

Zuhhad, 152

Taif, 138

Sajah Bint Al-Harith, 145 Sallam Bin Abi Al-Haqiq, 79

Talhah, 148

184

INDEX

185

INTERPRETATION OF THE QURAN AND SUNNAH

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