After volunteering with South Asian victims of domestic violence, Niaz, who speaks five languages, got a job using those skills to advocate for immigrant women affected by family violence. But Niaz's focus changed on September 11, I looked at myself as a Muslim. Niaz said the backlash many Muslims experienced after the terror attacks made abuse victims more afraid to seek help; they feared being shunned for bringing negative attention to their community.
Today, her work focuses on three main areas: providing direct services to abused women, raising awareness through outreach, and educating young women -- an effort she hopes will empower future generations to speak out against abuse. Crisis intervention services are a critical element of Niaz's efforts. Through weekly counseling sessions, she and her team provide emotional support to the women while helping them with practical issues, such as finding homeless shelters, matrimonial lawyers, filing police reports or assisting with immigration issues. Niaz has helped more than Muslim women. While most of Turning Point's clients are immigrants, the group helps women from every background.
While Niaz has support from many people in New York's Muslim community, she acknowledges that not everyone appreciates her efforts. She keeps her office address confidential and takes precautions to ensure her safety. There are a few brave Muslim women who openly admit the truth. Given the fact wife-beating is sanctioned in Islamic religious texts , Muslim apologists try to deny this. Here are some arguments made by Muslim apologists. Pamela K.
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Taylor is the co-founder of Muslims for progressive values, former director of the Islamic Writers Alliance and strong supporter of the women Imam movement. On Faith Panelist Blog she states:. Either Taylor is ignorant of some of the teachings in the Qur'an and the Hadith, or she willfully ignores those passages and twists some of the wording to suit her own needs. It has been mentioned before in previous paragraphs, the Qur'an and the Hadiths sanction wife-beating, men are superior to women, Muhammad turned back on a ban on beating women, and instead just made belated attempts to place limits on the level of violence.
These hadiths certainly exist, and are discussed earlier in our article. It seems that Muhammad made attempts to moderate the severity of the beatings see section of that name above , but Taylor fails to mention that in the very same hadith she quotes, Muhammad at first forbids wife beating, but later changes his mind on the advice of Umar see hadith section above.
When some women complain, he merely makes a mild remark about the men who beat them. Clearly it would have been better had he not allowed wife beating again. Daraba is used for many, many things in the Qur'an, from sexual intercourse to parting company, from metaphorically striking a parable to physically striking a person or thing. The vast majority of commentators, have understood the meaning of to mean hitting. Modern interpreters such as Ahmed Ali and Laleh Bakhtiar, have made a case that this interpretation is wrong.
Taylor mentions Laleh Bakhtiar, a Muslim apologist who states Islam does not preach violence against women and Daraba in Surah means to send away. Bakhtiar has written her own version of the Qur'an with surah stating to send her away. Her mistranslation of this verse has caused controversy among Muslim scholars and the ISNA of Canada is refusing to sell her book in their bookstore. Contrary to Taylor's claim, there is nothing "particularly strong" in her argument about Daraba, it once again relies upon the ignorance of her readers. To a native Arabic speaker, this argument holds no weight and has been refuted in our article Beat your Wives or "Separate from Them"?
Qur'an Even if the argument had been true, it would have exposed yet another imperfection in the communication skills of a supposedly divine author. Was he being disobedient to Allah, or have we misunderstood verse ? These conversations between Laleh Bakhtiar and "many, many scholars" most likely had never occurred, since Bakhtiar's approach to surah fails once you realize Muhammad did violently push his wife Aisha, and allowed the companions to hit his wives, and reiterated the wife-beating command in his farewell sermon. Furthermore, her claims about the common usage of the relevant verb in the Qur'an are false.
It is much more commonly used to mean to strike violently. Her claim also fails on grammatical grounds, as explained in other articles. Unfortunately for women, any Muslim scholar worth his salt would be aware of this and would have little difficulty in dismantling her weak arguments. This argument is discussed earlier in this article at the end of the section on Muhammad's attempts to moderate the severity of the beatings.
See the discussion on Muhammad's attempts to moderate the severity of the beatings above. A beating "without severity" leaves far too much room for domestic violence against women, and later scholars had to add more stringent limitations to further mitigate Muhammad's words. Wife-beating is divinely sanctioned in the Qur'an and Hadiths, and intended as a method for husbands to keep their wives under control.
Despite some of the statements made by Muslim apologists, wife-beating is institutionalized in Islam. Muhammad was persuaded by Umar to allow his followers to beat their wives. He seems to have been concerned at the consequences of his instructions and attempted to mitigate them, and the Qur'an first mentions two other measures that husbands must try before beating their wives. However, Muhammad failed to commit to an outright ban. In the Qur'an, and reiterated in his farewell sermon, wife-beating is not merely permitted, but is part of a command.
Muhammad showed indifference to at least one heavily beaten woman, gave the mildest of remarks about other men when their wives complained, on one occasion painfully pushed 'A'isha, and allowed Abu Bakr and Umar to slap his wives and hit other women. The article also shows the deceptive means Muslim apologists use to cover up the fact the Qur'an and Hadith sanction wife-beating by using other verses of the Qur'an in an attempt to support their view that Islam promotes equality between men and women, that wife-beating is forbidden, and that surah has been misinterpreted.
The problem with their argument is it only reveals the inconsistencies of the Qur'an, and their arguments have been easily refuted , by Islamic scholars and the Hadiths. This is an unfortunate situation for women in the Islamic world, who could have been better protected had Muhammad and the Qur'an clearly prohibited domestic violence.
Open main menu. Edit Wife Beating in Islam. Shakir translation: Men are the maintainers of women because Allah has made some of them to excel others and because they spend out of their property; the good women are therefore obedient, guarding the unseen as Allah has guarded; and as to those on whose part you fear desertion, admonish them, and leave them alone in the sleeping-places and beat them ; then if they obey you, do not seek a way against them; surely Allah is High, Great.
Quran Indeed, he was one repeatedly turning back [to Allah]. Ayyub, peace be upon him, got angry with his wife and was upset about something she had done, so he swore an oath that if Allah healed him, he would strike her with one hundred blows. When Allah healed him, how could her service, mercy, compassion and kindness be repaid with a beating So Allah showed him a way out, which was to take a bundle of thin grass, with one hundred stems, and hit her with it once.
Thus he fulfilled his oath and avoided breaking his vow. Ayyub Tafsir Ibn Kathir. Muhammad b. Qais said to the people : Should I not narrate to you a hadith of the Holy Prophet on my authority and on the authority of my mother? We thought that he meant the mother who had given him birth. He Muhammad b. Qais then reported that it was 'A'isha who had narrated this: Should I not narrate to you about myself and about the Messenger of Allah may peace be upon him?
We said: Yes. She said: When it was my turn for Allah's Messenger may peace be upon him to spend the night with me, he turned his side, put on his mantle and took off his shoes and placed them near his feet, and spread the corner of his shawl on his bed and then lay down till he thought that I had gone to sleep. He took hold of his mantle slowly and put on the shoes slowly, and opened the door and went out and then closed it lightly.
I covered my head, put on my veil and tightened my waist wrapper, and then went out following his steps till he reached Baqi'. He stood there and he stood for a long time. He then lifted his hands three times, and then returned and I also returned. He hastened his steps and I also hastened my steps. He ran and I too ran. He came to the house and I also came to the house. I, however, preceded him and I entered the house , and as I lay down in the bed, he the Holy Prophet entered the house , and said: Why is it, O 'A'isha, that you are out of breath?
I said: There is nothing. He said: Tell me or the Subtle and the Aware would inform me. I said: Messenger of Allah, may my father and mother be ransom for you, and then I told him the whole story. He said: Was it the darkness of your shadow that I saw in front of me? I said: Yes. He struck me on the chest which caused me pain, and then said: Did you think that Allah and His Apostle would deal unjustly with you?
She said: Whatsoever the people conceal, Allah will know it. He said: Gabriel came to me when you saw me. He called me and he concealed it from you. I responded to his call, but I too concealed it from you for he did not come to you , as you were not fully dressed. I thought that you had gone to sleep, and I did not like to awaken you, fearing that you may be frightened. He Gabriel said: Your Lord has commanded you to go to the inhabitants of Baqi' to those lying in the graves and beg pardon for them.
He said: Say, Peace be upon the inhabitants of this city graveyard from among the Believers and the Muslims, and may Allah have mercy on those who have gone ahead of us, and those who come later on, and we shall, God willing, join you. Sahih Muslim AbuDawud Narrated Aisha:Abu Bakr came to towards me and struck me violently with his fist and said, "You have detained the people because of your necklace. Jabir b. He found people sitting at his door and none amongst them had been granted permission, but it was granted to Abu Bakr and he went in. Then came 'Umar and he sought permission and it was granted to him, and he found Allah's Apostle peace be upon him sitting sad and silent with his wives around him.
He Hadrat 'Umar said: I would say something which would make the Prophet peace be upon him laugh, so he said: Messenger of Allah, I wish you had seen the treatment meted out to the daughter of Khadija when you asked me some money, and I got up and slapped her on her neck. Allah's Messenger may peace be upon him laughed and said: They are around me as you see, asking for extra money. Abu Bakr Allah be pleased with him then got up went to 'A'isha Allah be pleased with her and slapped her on the neck , and 'Umar stood up before Hafsa and slapped her saying: You ask Allah's Messenger peace be upon him which he does not possess.
They said: By Allah, we do not ask Allah's Messenger peace be upon him for anything he does not possess. Then he withdrew from them for a month or for twenty-nine days. Then this verse was revealed to him:" Prophet: Say to thy wives He then went first to 'A'isha Allah be pleased with her and said: I want to propound something to you, 'A'isha, but wish no hasty reply before you consult your parents. She said: Messenger of Allah, what is that? He the Holy Prophet recited to her the verse, whereupon she said: Is it about you that I should consult my parents, Messenger of Allah?
God did not send me to be harsh, or cause harm, but He has sent me to teach and make things easy. Ask the slave girl; she will tell you the truth. They are not the best among you. Sunan Abu Dawud Yahya related to me from Malik that Abdullah ibn Dinar said, "A man came to Abdullah ibn Umar when I was with him at the place where judgments were given and asked him about the suckling of an older person. Abdullah ibn Umar replied, 'A man came to Umar ibn al-Khattab and said, 'I have a slave-girl and I used to have intercourse with her.
My wife went to her and suckled her. When I went to the girl, my wife told me to watch out, because she had suckled her! It was narrated that Ash'ath bin Qais said: "I was a guest at the home of 'Umar one night, and in the middle of the night he went and hit his wife, and I separated them. When he went to bed he said to me: 'O Ash'ath, learn from me something that I heard from the Messenger of Allah" A man should not be asked why he beats his wife , and do not go to sleep until you have prayed the Witr.
Narrated Ikrima: 'Rifaa divorced his wife whereupon Abdur-Rahman married her. Aisha said that the lady came wearing a green veil and complained to her Aisha and showed her a green spot on her skin caused by beating. It was the habit of ladies to support each other, so when Allah's messenger came, Aisha said, "I have not seen any woman suffering as much as the believing women. Her skin is greener than her clothes! When Abdur-Rahman heard that his wife had gone to the prophet, he came with his two sons from another wife.
She said, "By Allah! I have done no wrong to him, but he is impotent and is as useless to me as this," holding and showing the fringe of her garment. She has told a lie.
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I am very strong and can satisfy her, but she is disobedient and wants to go back to Rifaa. But by Allah, these boys resemble him as a crow resembles a crow. You have [the right] that they should not cause anyone of whom you dislike to tread on your beds; and that they should not commit any open indecency.
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If they do, then Allah permits you to shut them in separate rooms and to beat them, but not severely. If they abstain from [evil], they have the right to their food and clothing in accordance with the custom. Treat women well, for they are [like] domestic animals with you and do not possess anything for themselves. You have taken them only as a trust from Allah, and you have made the enjoyment of their persons lawful by the word of Allah, so understand and listen to my words, O people. Al-Tabari, Vol. It is a duty from you on them not to allow anyone whom you dislike to lie on your beds but if they do beat them, but not severely.
You are responsible for providing them with food and clothing in a fitting manner. Hafs b. Abu Rabi'a to me with a divorce, and he also sent through him five si's of dates and five si's of barley. I said: Is there no maintenance allowance for me but only this, and I cannot even spend my 'Idda period in your house?
He said: No. She said: I dressed myself and came to Allah's Messenger peace be upon him. He said: How many pronouncements of divorce have been made for you? I said: Three. He said what he 'Ayyish b. Abu Rabi'a had stated was true. There is no maintenance allowance for you. Spend 'Idda period in the house of your cousin, Ibn Umm Maktum. He is blind and you can put off your garment in his presence. And when you have spent your Idda period, you inform me.
She said: Mu'awiya and Abu'l-Jahm Allah be pleased with them were among those who had given me the proposal of marriage. Thereupon Allah's Apostle peace be upon him said: Mu'awiya is destitute and in poor condition and Abu'l-Jahm is very harsh with women or he beats women, or like that , you should take Usama b.
Zaid as your husband. Narrated Mu'awiyah al-Qushayri: Mu'awiyah asked: Messenger of Allah, what is the right of the wife of one of us over him? Abu Dawud said: The meaning of "do not revile her" is, as you say: "May Allah revile you". Narrated Mu'awiyah al-Qushayri: I went to the Messenger of Allah peace be upon him and asked him: What do you say command about our wives?
He replied: Give them food what you have for yourself, and clothe them by which you clothe yourself, and do not beat them, and do not revile them AbuDawud Then he said: 'I enjoin good treatment of women, for they are prisoners with you, and you have no right to treat them otherwise, unless they commit clear indecency. If they do that, then forsake them in their beds and hit them, but without causing injury or leaving a mark.
Sunan Ibn Majah He said, Hitting with a siwaak and the like. Al-Tabari's tafsir for verse Here we will quote a few of them, as well as some more recent scholars: beat them means, if advice and ignoring her in the bed do not produce the desired results, you are allowed to discipline the wife, without severe beating. Muslim recorded that Jabir said that during the Farewell Hajj, the Prophet said; Fear Allah regarding women, for they are your assistants. You have the right on them that they do not allow any person whom you dislike to step on your mat.
However, if they do that, you are allowed to discipline them lightly. They have a right on you that you provide them with their provision and clothes, in a reasonable manner. Al-Hasan Al-Basri said that it means, a beating that is not severe. The warning could be to tell her, "fear Allah concerning the rights you owe to me," or it could be to explain that rebelliousness nullifies his obligation to support her and give her a turn amongst other wives, or it could be to inform her, "Your obeying me is religiously obligatory".
If she commits rebelliousness, he keeps from sleeping and having sex with her without words, and may hit her , but not in a way that injures her, meaning he may not bruise her , break bones, wound her, or cause blood to flow. He may hit her whether she is rebellious only once or whether more than once, though a weaker opinion holds that he may hot hit her unless there is repeated rebelliousness. Al-Nawawi Reliance of the Traveller. How should the beatings go? Maybe a light slap on her shoulder, or maybe a not-so-light pinch, or a kind of gentle shove.
He should make her feel that he wants to reform her, and let her know that he is displeased with her. It is like saying: None of the measures that work with sensitive people work with you. A word would be enough for any wife with lofty morals, but with you, words do not help. Beating is one of the punishments of religious law. What kind of people are beaten? Virgin adulterers, both men and women, are beaten as a means of discipline. Who else is beaten? A person who committed an offense and was sentenced by the judge to beatings.
Someone who committed a crime. By beating his wife, the husband is saying: You've committed a grave sin that merits beatings. With regard to wife beating In a nutshell, it appeared as part of a program to reform the wife. This method appeared as part of the treatment of a rebellious wife. In their ignorance of religion and in their pride, people are lead to hold tight to the literal meanings of the source texts without trying to understand the multiple meanings and the intent and purpose behind the revelation or a relevant action or saying of the Prophet s.
Today extremists are bringing back the school that was known as the school of literality al-dhahiri. That school originally refused to take into consideration qiyas , analogy, or reasoning between different rules, or precedence in law. The extremist on the other hand, will declare that the letter of the saying must be obeyed, without taking into consideration the circumstances and reasons for this ruling.
In emphasizing the respect and honor in which women are held, the Prophet s asked that she travel with a relative. Today however, traveling from one place to another is no longer fraught with difficulty. One has complete security and is accompanied by hundreds of fellow passengers in the short time it takes to cover thousands of miles. Therefore there is no longer fear for a woman traveling alone, for she is accompanied by all the people on the plane, whom may be considered as adequate protectors.
But the extreme interpretation of the hadith is that a woman cannot travel except with a relative, again emphasizing the literal meaning of the hadith. If in such minor issues, we see examples of extreme literalism among the non-moderate Muslims, what then when it comes to cutting hands and stoning? These are far more serious issues to consider. For those who ascribe false things to Allah will never prosper.
This verse addresses the extremists. Moderate Muslim scholars are extremely surprised to see those who migrated overseas to different countries around the world, seeking study and sustenance, have carried with them this extreme literalist ideology, The result has been the creation of a large number of groups and divisions within the Muslim community, seemingly showing the entire Muslim community as radical in their views and violent in their actions. If the leadership of the immigrant Muslims had shown moderation in the countries to which they moved, and integrated with the culture of the country, they would have greatly changed the stark image of Islam in the eyes of common people.
He rejected this view and argued that Shariah laws were not merely forthe sake of obedience; they have human welfare as their goal. However, a faqih should not impose hard conditions on Muslims in the matters that concern the wide majority: he has to take into account that among them are the weak, the old and those who have lawful reasons for exception. They suggested an emphasis on Shariah, the inner meanings of Shariah, and personal commitment as the motive for obedience to laws, instead of punishment and coercion.
Contrary to the jurists, who lived in the world of text, the Sufis were closer to the masses and their norms. In most Muslim societies, Sufis represented a popular and liberal view of Islam. Muslim jurists in the past were quite aware of the constant need to reconcile contradictions between social and legal norms. They continuously adjusted laws to bring them in line with the customs and norms of the people.
The normative basis of the institutions and concepts such as family, property, rights, responsibility, criminality, civil obedience, social order, religiosity, international relations, war, peace, and citizenship have changed significantly over the last two centuries. When he moved from Baghdad to Egypt in the last years of his life, he changed his school of thought. So what I wrote previously and explained is insufficient to treat these corrupted people because I was more lenient.
Now I have to be more strict. So I have to change [my rulings]. Shah Waliullah expounded the theory of evolution of society in four stages and found that social norms played a central role in the evolution of laws. He distinguished between two types of texts: Shariah and jurist law fiqh. In case of conflict between a custom or usage and the Shariah text, Ibn Abidin rejected only those customs which were absolutely contradictory.
In case of conflict with a jurist law text, the custom prevailed as a principle. One can see this principle employed extensively today. This is because photography has now become a ubiquitous practice among Muslims everywhere. Maliki jurisprudence also attempted to forge a closer link with the practicalities of life in Medina and attached greater weight to social customs than other jurists did.
Dhimma means a pact and guarantee. That is to say, the non-Muslims who live in Islamic society and within the Islamic nation, are the responsibility of Allah, His Messenger, and all Muslims, under their guarantee and their protection. Islam established rules regulating the relations between the Islamic state and non-Muslims … so that these would be natural relations. If their religion commands them to have a day of rest on Saturday, I will not impose upon them to work on Saturday and rest on Friday.
No, I must be considerate. I respect what their religion dictates. How can we allow this? Even if they marry their mothers, their religion allows this. Respect for the dictations of [other] religions and faiths is one of the most fundamental things for us. What is required in this matter is that this [behavior] not be spread among the Muslims. This is the basis of the factual legal autonomy of the non-Muslims which was extensive in the Middle Ages, and has survived in part down to the present generation.
A nation whose leader is socialist will produce official scholars who endorse socialism. The intent of Islamic law is not punitive, as much as corrective and reformative. Another important function which these punishments serve is educative, and thus preventive and deterrent. Laws were revealed to Prophet Muhammad s due to real-life situations requiring a judgment. For example, the rules of hijab, the covering of women, were revealed in a time when the hypocrites were ridiculing Muslim women in the streets of Madina.
One finds that in the early days of Islam some Divine orders were very strict, and were later reduced. For example, Muslims were not allowed sexual relations during the month of fasting due to the initially restrictive rules of the fast. Later revelations to the Prophet permitted intimacy during night hours fasting occurs between sunrise and sunset. Initially, the early Muslims were ordered to pray for one third of the night; to build up their spiritual relationship with God. Later this was reduced. Similarly, God initially declared that in a defensive war against an aggressor, unless the ratio of aggressors to Muslims exceeded to-1 the Muslims were obliged to fight.
This was later reduced to a ratio of 2-to-1 as the general level of faith decreased with the influx of new converts to the faith. Thus we see the importance of gauging the capacity of the people to implement any given code of conduct.
Today, it cannot be expected that the law be enforced as it was a century ago, as the conditions of life have changed immensely. For that reason, the Prophet s indicated that in the last days applying the letter of the law would become very difficult, saying that those who would attempt to implement religion in its entirety at that time would be like someone carrying a burning coal. Another example is the requirement of prayer.
The Prophet s was first told to order his nation to pray fifty times a day. During the Night Journey, this requirement was reduced to five prayers per day. All the above is found in the theoretical definition of an Islamic state. We find such governments constantly issuing decrees of stoning to death, amputating hands, lashing, and other severe punishments for various crimes.
On the other hand, in Islam, traditional governments follow precedents established over many centuries, much as is the case here in the U. In Islam rules are tempered by application. As a simple example, who is allowed to make the judgment to cut the hand of a thief? Let me explain how this is implemented. First of all, you cannot cut the hands of someone who steals in order to eat, as we see today in Argentina. If a person is in need of medicine and steals it, you cannot cut off his hand.
The only time the judgment of cutting the hand applies is when someone steals out of greed, without need, and even then numerous criteria must be met to hand down such a punitive sentence. Even rules based on the principle of consensus of scholars, ijma , which in itself is difficult to accomplish, can be changed.
Wahba al-Zuhayli, wrote:. Consensus of scholars on a certain issue made earlier can be abrogated by the consensus made by a later generation if there were changes in the conditions which are for the common good of the people as time progresses. Islamically, this concept of reformation or rejuvenation of the law is necessitated by change in society over time.
The Islamists differ from the traditionalists in that the latter call for a reinstitution of fiqh , but not necessarily an elimination of existing systems of law. Islam requires in the case of the thief that the system attempt to rehabilitate him and seek ways to encourage him to repent:. This means he should be given every chance to reform, such as assisting him to earn a lawful living. Job opportunities should be provided as a form of social security.
Such examples can be found in Brunei, and in a number of other wealthy Muslim countries. Someone steals medicine, food, etc. This is the sad condition of some Islamic religious leaders of our time, who follow the letter of the law in contravention of its spirit. Those in power however, typically remain exempt form its application. This is a purely political implementation of the Shariah, done for show and thus appears wantonly cruel; utterly lacking wisdom.
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This is utterly contrary to the Objectives of the Law, Maqasid ash-Shariah. Even if my daughter Fatimah steals, I would cut off her hand. His intent was not to show Islam as stern Islam nor to demonstrate a specific parenting style, but rather to demonstrate how abhorrent theft, of any kind, is in the Eyes of God, including: corruption, forgery, bribery, deceit, and larceny. Let us take another example — that of the punishment of stoning to death for the commission of adultery.
In accordance with Islamic Law, the witness must pass his hand or a string between the man and woman, and find it is blocked. Therefore, who can testify, fulfilling all the technical conditions and proofs that the crime was committed? Short of a confession, in practice there is no possibility of fulfilling the stringent evidentiary requirements to guarantee a conviction. Another caveat attached to the required evidence to prove the crime of adultery is that without sufficient witnesses, the accuser actually becomes the accused and will be punished for the very ugly crime of libel — for which the accuser will be liable.
This demonstrates the essence of Islamic law, with the intent to raise the highest standard of morality for human beings, while in reality the law is almost impossible to legitimately enforce. Therefore, we see legal and social intent is to prevent an act from occurring by highlighting its enormity and emphasizing the threatened punishment, while not expecting it to be applied.
Let us say that we accept their claim, then what will be done with the wedded slave girls, since their penalty, is half of the penalty of the free wedded woman? Should we divide it, into two halves, this claimed stoning? And how should we do so? That is why the interpreters, were forced to say, regarding the slave girls, the penalty is half the number of lashes of the original punishment.
Just this concession on their part, refutes the claim of stoning, without their being aware of it. A woman came to the Prophet s and confessed her adultery. However, the Prophet refused to accept the testimony and turned away from the woman. Time after time he tried to avoid having to implement the letter of the law, but the woman herself came back and insisted. He urged her to rethink the matter — perhaps she had not committed the act, or she was not in her full senses. She returned and again confessed her crime. He wanted her to hide the act, but again she insisted.
Further, she demanded to be punished. So after delivering the child she came back. The Prophet s then bade her nurse the child for two and a half years. Finally, when all possible excuses had been exhausted, the Prophet had no choice but to implement the law. Thus we see that the message came to correct behavior, not to punish human beings. How does the warping of this application of law take place? This is in fact due to the political reality behind the visage of extremism in every form.
In reality ten percent or less of Muslims are fanatic in their ideology, not unlike the communists in recent history. In the t rue Islamic teaching, the absence of the five daily prayers and fasting are greater issues for the community than stealing and adultery, as the abandonment of the daily applications of faith are more apt to quickly erode the social fabric. Cutting of hands and stoning adulterers was legislated to emphasize the wrong of these particular actions: adultery and stealing. There are many manifestations in the Shariah that must not simply apply the letter of the law when societal issues might induce the crime.
As we have elucidated, cutting hands for theft is not the intent of the Shariah. Rather the intent is to prevent the commission of crime. This does not differ with the use of the various penalties in the Western modern law, legislated with the intent of eliminating criminal activity. Keep in mind that when these laws were revealed to the Prophet s , he was an exceptionally just and merciful leader, as were his successors. For that reason when the lady came demanding to be punished for adultery, he made every effort to avoid implementing the prescribed punishment.
For this reason we say that the Islamic Shariah as a whole tried to balance all aspects of the community. Moderate scholars found that most problems in a community or society which cause people to violate the law, are found to originate in societal ailments, stemming from the environment and circumstances in which people are found. These make their way of dealing with others wrong, resulting in criminal pathology making them to act in a manner harmful to themselves and to society.
Islamic Shariah was not revealed piecemeal to the Prophet s. It was implemented over 23 years, primarily in the last ten, after the establishment of the first Islamic state in Madina. Most of those who seek to re-introduce Shariah in their nations, have forgotten the wisdom for the gradual nature of this implementation. This was a necessary interval in the development of Islam, so that the people were not overwhelmed with new regulations and rules of conduct, but rather were able to learn it bit-by-bit, as it was revealed. A familiar example is the process of revelation which culminated in the prohibition of liquor.
The first verse revealed concerning liquor said:. O ye who believe! Draw not near unto prayer when ye are drunken, till ye know that which ye utter. Someone who is drunk neither knows what he is saying and might say something irreverent or even do something immoral, while praying. For that reason the people were not allowed to come prayer while drunk. Effectively, drunk-driving becomes a crime. In such a case, the court will even increase the penalty. Revelation of the verse of drunkenness impacted the drinking habits of the Arabs for which they were renowned.
Since prayer while drunk was sanctioned, observant Muslims were forced to restrict their drinking to avoid prayer times. Since the five prayers are spread throughout the day, in practice this made drinking something that could only be done at night. They ask thee concerning wine and gambling. This verse, while hinting at the evil of drink, by no means forbade it. It was only some time later when the verse of prohibition was revealed and when news of the revelation spread, the streets of Madina ran red with the flowing of spilled wine. Thus we see that in the hard-drinking society of pagan Arabia, a graduated approach was essential.
It not only provided the ruling from Allah, but the reasons behind the ruling, which people of intellect always seek. Now while drinking is prohibited, to drink in private was not culpable before the law. For that reason one can find liquor in private Muslim homes, even in the holy cities. However when the use of drink is obvious and outward, then it is culpable. This is similar to laws for public drunkenness in Western nations. Why you do not implement the rulings firmly and immediately? By Allah, I would not care if all the world would furiously oppose us so long as we seek to establish the right [that Allah Almighty has enjoined].
I am afraid that if I enjoined the right on people at one stroke, they would give it up all at once, which might lead to sedition. The utterly practical aspect of Islamic law is seen to be built into its framework. This aspect is often ignored by non-moderate Muslims, who seek to replace a corrupt society with an ideal one overnight, ignoring the essential inertia of human nature and societal conditioning.
This leads to brutal misapplication of the Shariah, particularly in the arena of crime and punishment. The problem today is that extremists are in control of the Muslim mic. Those who went abroad and studied extreme doctrine are being used to perpetuate their ideas and prevent Muslims from living under a reasonable democratic system.
One wonders how it is acceptable for these same Islamists to allow non-Muslims to train their military, while at the same time outwardly condemning them and considering work with them to be loyalty of the non-Muslims? They accommodated themselves to that by adjusting the law based on precedents in the sources of Shariah. There is a conspiracy here to prevent the spread of democracy because it will remove the hegemony of Islamist oppressors. The mistake is in asking the wrong people for an opinion.
Today the most oppressive people claim to speak on behalf of Muslims. The result has been the proliferation of a holistic and authoritarian vision of Islamic life and politics among the most politically active and assertive Islamic intellectuals and groups. In the battle for control of the state being conducted by secular authoritarians on the one hand and religious authoritarians on the other, the gradual and educative path of Islamic reform has been marginalized or repressed altogether.
The result for ideological Islamist regimes has often resulted in a devolution from their stated goals of Islamization through unification of the judicial and executive roles, sometimes resulting in ironically non-Islamic results. Arjomand states:. It is interesting to note, however, that with the take-over of the modernized state and its legal framework by the Islamic militants and the declaration of the supremacy of the Shariah, the old dualism of public and sacred law reappeared immediately.
This dualism enabled the clerical jurists of the Council of Guardians to defend property rights, which were fully consistent with the Shariah, against the later encroachments of parliamentary legislation since the early s. But it also introduced fundamental contradictions in the Iranian constitutional law.
Furthermore, proclamations notwithstanding, the Islamic law of unilateral divorce was not restored. A court order was required for divorce, and women began to play an increasing role in the family courts as assistant judges. In the first women judges were appointed, in clear contradiction to the Shariah. Various items of legislation previously vetoed by the Council of Guardians for being contrary to the Shariah became law, and the Assessment Council showed little hesitation to legislate beyond disputes bills. By a law enacted in November , the Assessment Council instituted alimony as compensation for domestic labor during marriage.
This radical departure from Shiite law was justified by the argument that domestic labor was distinct from reproductive duties required by the Shariah.stanurixfirbia.gq
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Islam aspires to the highest level of behavior at the individual, family and community levels. The Prophet brought different rules in order to accommodate the culture of each nation and tribe. Allah said:. If Allah so willed, He could make you all one people … . Why did He not do so?
To allow flexibility in the rules governing mankind and to generate competition.
Lessons & Benefits From The Marital Life Of Prophet صلی الله علیه وآلهِ وسلم - Ukiabook Store
In the time of Prophet Muhammad s , Islamic Shariah was implemented over a span of twenty-three years. However the extremists have reversed this approach. They come to newly revived Muslims, expecting them to adopt every particular of Islam instantly, while exempting themselves. To reduce that contention four schools were formalized as those in authority.
That was done by consensus ijma of scholars.