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I. Introduction & Methodology

When dealing with the Islamic perspective of any topic, there should be a clear distinction between the normative teachings of Islam and the diverse cultural practices among Muslims, which may or may not be consistent with them. The focus of this paper is the normative teachings of Islam as the criteria to judge Muslim practices and evaluate their compliance with Islam. In identifying what is “Islamic” it is necessary to make a distinction between the primary sources of Islam (the Qur’an and the Sunnah) and legal opinions of scholars on specific issues, which may vary and be influenced by their times, circumstances, and cultures. Such opinions and verdicts do not enjoy the infallibility accorded to the primary and revelatory sources. Furthermore, interpretation of the primary sources should consider, among other things:

(a) The context of any text in the Qur’an and the Sunnah. This includes the general context of Islam, its teachings, its world view, and the context of the surah and section thereof.

(b) The occasion of the revelation, which may shed light on its meanings.

(c) The role of the Sunnah in explaining and defining the meaning of the Qur’anic text.

This paper is a brief review of the position and role of woman in society from an Islamic perspective. The topic is divided into spiritual, economic, social, and political aspects.

II. The Spiritual Aspect

1. According to the Qur’an, men and women have the same spiritual human nature:

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

It is He who created you from a single person and made his mate of like nature in order that he might dwell with her (in love). When they are united she bears a light burden and carries it about (unnoticed). When she grows heavy they both pray to Allah their Lord (saying): “If You give us a goodly child we vow we shall (ever) be grateful.” (Qur’an 7:189)

(He is) the Creator of the heavens and the earth: He has made for you pairs from among yourselves and pairs among cattle: by this means does He multiply you: there is nothing whatever like unto Him and He is the One that hears and sees (all things.) (Qur’an 42:11)

2. Both genders are recipients of the “divine breath” since they are created with the same human and spiritual nature (nafsin-waahidah):

But He fashioned him in due proportion and breathed into him something of His spirit. And He gave you (the faculties of) hearing and sight and feeling (and understanding): little thanks to you give (Qur’an 15:29)

3. Both genders are dignified and are trustees of Allah on earth.

We have honored the children of Adam, provided them with transport on land and sea; given them for sustenance things good and pure; and conferred on them special favors above a great part of Our Creation. (Qur’an 17:70)

Behold your Lord said to the angels: “I will create a vicegerent on earth.” They said “Will you place therein one who will make mischief therein and shed blood? Whilst we do celebrate Your praises and glorify Your holy (name)?” He said: “I know what you do not.” (Qur’an 2:30)

4. According to the Qur’an, woman is not blamed for the “fall of man.” Pregnancy and childbirth are not seen as punishments for “eating from the for bidden tree.” On the contrary, the Qur’an considers them to be grounds for love and respect due to mothers.

In narrating the story of Adam and Eve, the Qur’an frequently refers to both of them, never singling out Eve for the blame:

O Adam! Dwell you and your wife in the garden and enjoy (its good things) as you [both] wish: but approach not this tree or you [both] run into harm and transgression. Then began Satan to whisper suggestions to them bringing openly before their minds all their shame that was hidden from them (before): he said “Your Lord only forbade you this tree lest you [both] should become angels or such beings as live for ever.” And he swore to them both that he was their sincere adviser. So by deceit he brought about their fall: when they tasted of the tree their shame became manifest to them and they began to sew together the leaves of the garden over their bodies. And their Lord called unto them: “Did I not forbid you that tree and tell you that Satan was an avowed enemy unto you?” They said: “Our Lord! We have wronged our own souls: if you forgive us not and bestow not upon us Your mercy we shall certainly be lost.” (Allah) said: “Get you [both] down with enmity between yourselves. On earth will be your dwelling place and your means of livelihood for a time.” He said: “Therein shall you [both] live and therein shall you [both] die; and from it shall you [both] be taken out (at last).” O you children of Adam! We have bestowed raiment upon you to cover your shame as well as to be an adornment to you but the raiment of righteousness that is the best. Such are among the signs of Allah that they may receive admonition! O you children of Adam! Let not Satan seduce you in the same manner as he got your parents out of the garden stripping them of their raiment to expose their shame: for he and his tribe watch you from a position where you cannot see them: We made the evil ones friends (only) to those without faith. (Qur’an 7:19 27)

On the question of pregnancy and childbirth, the Qur’an states:

And We have enjoined on the person (to be good) to his/her parents: in travail upon travail did his/her mother bear his/her and in years twain was his/her weaning: (hear the command) “Show gratitude to Me and to your parents: to Me is (your final) Goal. (Qur’an 31:14)

We have enjoined on the person kindness to his/her parents: in pain did his/her mother bear him/her and in paid did she give him/her birth. The carrying of the (child) to his/her weaning is ( a period of) thirty months. At length when he/she reaches the age of full strength and attains forty years he/she says “O my Lord! Grant me that I may be grateful for Your favor which You have bestowed upon me and upon both my parents and that I may work righteousness such as You may approve; and be gracious to me in my issue.Truly have I turned to You and truly do I bow (to You) in Islam [submission].” (Qur’an 46:15)

5. Men and women have the same religious and moral duties and responsibilities. They both face the consequences of their deeds:

And their Lord has accepted of them and answered them: “Never will I suffer to be los the work of any of you be it male or female: you are members of one another …” (Qur’an 3:195)

If any do deeds of righteousness be they male or female and have faith they will enter paradise and not the least injustice will be done to them. (Qur’an 4:124)

For Muslim men and women and for believing men and women, for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in charity, for men and women who fast (and deny themselves), for men and women who guard their chastity, and for men and women who engage much in Allah’s praise, for them has Allah prepared forgiveness and great reward. (Qur’an 33:35)

One Day shall you see the believing men and the believing women how their Light runs forward before them and by their right hands: (their greeting will be): “Good news for you this Day! Gardens beneath which flow rivers! To dwell therein for ever! This is indeed the highest Achievement!” (Qur’an 57:12)

6. Nowhere dow the Qur’an state that one gender is superior to the other. Some mistakenly translate “qiwamah” or responsibility for the family as superiority. The Qur’an makes it clear that the sole basis for superiority of any person over another is piety and righteousness not gender, color, or nationality:

O mankind! We created you from a single (pair) of a male and a female and made you into nations and tribes that you may know each other. Verily the most honored of you in the sight of Allah is (one who is) the most righteous of you. And Allah has full knowledge and is well acquainted (with all things). (Qur’an 49:13)

7. The absence of women as prophets or “Messengers of Allah” in prophetic history is due to the demands and physical suffering associated with the role of messengers and prophets and not because of any spiritual inferiority.

III. The Economic Aspect

1. The Islamic Shariiah recognizes the full property rights of women before and after marriage. A married woman may keep her maiden name.

2. Greater financial security is assured for women. They are entitled to receive marital gifts, to keep present and future properties and income for their own security. No married woman is required to spend a penny from her property and income on the household. She is entitled to full financial support during marriage and during the waiting period (‘iddah) in case of divorce. She is also entitled to child support. Generally, a Muslim woman is guaranteed support in all stages of her life, as a daughter, wife, mother, or sister. These additional advantages of women over men are somewhat balanced by the provisions of the inheritance which allow the male, in most cases, to inherit twice as much as the female. This means that the male inherits more but is responsible financially for other females: daughters, wives, mother, and sister, while the female (i.e., a wife) inherits less but can keep it all for investment and financial security without any legal obligation so spend any part of it even for her own sustenance (food, clothing, housing, medication, etc.).

IV. The Social Aspect

First: As a Daughter

1. The Qur’an effectively ended the cruel pre Islamic practice of female infanticide (wa’d):

When the female (infant) buried alive is questioned for what crime she was killed. (Qur’an 81 89)

2. The Qur’an went further to rebuke the unwelcoming attitudes among some parents upon hearing the news of the birth of a baby girl, instead of a baby boy:

When news is brought to one of them of (the birth of) a female (child) his face darkens and he is filled with inward grief! With shame does he hide himself from his people because of the bad news he has had! Shall he retain her on (sufferance and) contempt or bury her in the dust? Ah! what an evil (choice) they decide on! (Qur’an 16:58 59)

3. Parents are duty bound to support and show kindness and justice to their daughters. Prophet Muhammad said:

“Whosoever has a daughter and he does not bury her alive, does not insult her, and does not favor his son over her, Allah will enter him into Paradise.” [Ahmad]

“Whosoever supports two daughters til they mature, he and I will come in the day of judgment as this (and he pointed with his two fingers held together).” [Ahmad]

4. Education is not only a right but also a responsibility of all males and females. Prophet Muhammad said:

“Seeking knowledge is mandatory for every Muslim (“Muslim” is used here in the generic meaning which includes both males and females).

Second: As a Wife

1. Marriage in Islam is based on mutual peace, love, and compassion, not just the satisfaction of man’s needs:

And among His Signs is that He created for you mates from among yourselves that you may well in tranquillity with them and He has put live and mercy between your (hearts); verily in that are signs for those who reflect. (Qur’an 30:21)

(He is) the Creator of the heavens and the earth: He has made for you pairs from among yourselves and pairs among cattle: by this means does He multiply you: there is nothing whatever like unto Him and He is the One that hears and sees (all things). (Qur’an 42:11)

2. The female has the right to accept or reject marriage proposals. Her consent is prerequisite to the validity of the marital contract according to the Prophet’s teaching. It follows that if by “arranged marriage” is meant marrying the girl without her consent, then such a marriage is nullifiable is she so wished.

“Ibn Abbas reported that a girl came to the Messenger of God, Muhammad, and she reported that her father had forced her to marry without her consent. The Messenger of God gave her the choice … (between accepting the marriage or invalidating it).” (Ahmad, Hadeeth no. 2469). In another version, the girl said: “Actually I accept this marriage but I wanted to let women know that parents have no right to force a husband on them.” [Ibn Majah] 3. The husband is responsible for the maintenance, protection, and overall headship of the family (qiwamah) within the framework of consultation and kindness. The mutual dependency and complementary of the roles of males and females does not mean “subservience” by either party to the other. Prophet Muhammad helped in household chores in spite of his busy schedule.

The mothers shall give suck to their offspring for two whole years if the father desires to complete the term. But he shall bear the cost of their food and clothing on equitable terms. No soul shall have a burden laid on it greater than it can bear. No mother shall be treated unfairly on account of her child nor father on account of his child. An heir shall be chargeable in the same way if they both decide on weaning by mutual consent and after due consultation there is no blame on them. If you decide on a foster mother for your offspring there is no blame on you provided you pay (the mother) what you offered on equitable terms. But fear Allah and know that Allah sees well what you do. (Qur’an 2:233)

The Qur’an urges husbands to be kind and considerate to heir wives even if they do not like them.

O you who believe! You are forbidden to inherit women against their will. Nor should you treat them with harshness that you may take away part of the marital gift you have given them except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If you take a dislike to them it may be that you dislike a thing and Allah brings about though it a great deal of good. (Qur’an 4:19)

Prophet Muhammad taught:

” I command you to be kind to women …”

“The best of you is the best to his family (wife) …”

Marital disputes are to be handled privately between the parties whenever possible, in steps (without excesses or cruelty). If disputes are not resolved then family mediation can be resorted to.

Divorce is seen as the last resort, which is permissible but not encouraged. Under no circumstances does the Qur’an encourage, allow or condone family violence or physical abuse and cruelty. The maximum allowed in extreme cases is a gentle tap that does not even leave a mark on the body while saving the marriage from collapsing.

5. Forms of marriage dissolution include mutual agreement, the husband’s initiative, the wife’s initiative (if part of her marital contract, court decision on the wife’s initiative (for a cause), and the wife’s initiative without a “cause” provided that she returns the marital gift to her husband (khul’ [divestiture]).

6. Priority for custody of young children (up to the age of about seven) is given to the mother. A child later chooses between his mother and father (for custody purposes). Custody questions are to be settled in a manner that balances the interests of both parents and well being of the child

Question of Polygyny (Polygamy)

1. One of the common myths is to associate polygyny with Islam as if it were introduced by Islam or is the norm according to its teachings. While no text in the Qur’an or Sunnah states that either monogamy or polygyny is the norm, demographic data indicates that monogamy is the norm and polygyny is the exception. In almost all countries and on the global level the numbers of men and women are almost even, with women’s numbers slightly more than men.

As such, it is a practical impossibility to regard polygyny as the norm since it assumes a demographic structure of at least two thirds females, and one third males (or 80 percent females and 20 percent males if four wives per male is the norm!). No Islamic “norm” is based on an impossible assumption.

2. Like many peoples and religions, however, Islam did not out law polygyny but regulated it and restricted it. It is neither required nor encouraged, but simply permitted and not outlawed. Edward Westermarck gives numerous examples of the sanctioning of polygyny among Jews, Christians, and others.

3. The only passage in the Qur’an (4:3) which explicitly mentioned polygyny and restricted its practice in terms of the number of wives permitted and the requirement of justice between them was revealed after the Battle of Uhud in which dozens of Muslims were martyred leaving behind widows and orphans. This seems to indicate that the intent of its continued permissibility is to deal with individual and collective contingencies that may arise from time to time (i.e., imbalances between the number of males and females created by wars). This provides a moral, practical, and humane solution to the problems of widows and orphans who are likely to be more vulnerable in the absence of a husband/father figure to look after their needs: financial, companions, proper rearing, and other needs.

If you fear that you shall not be able to deal justly with the orphans marry women of your choice two or three or four; but if you fear that you shall not be able to deal justly (with them) then only one … (Qur’an 4:3)

4. All parties involved have options: to reject marriage proposals as in the case of a proposed second wife or to seek divorce or khul’ (divestiture) as in the case of a present wife who cannot accept to live with a polygynous husband.

While the Qur’an allowed polygyny, it did not allow polyandry (multiple husbands of the same woman). Anthropologically speaking, polyandry is quite rare. Its practice raises thorny problems related to the lineal identity of children, and incompatibility of polyandry with feminine nature.

Third: As a Mother

1. Kindness to parents (especially mothers) is next to worship of Allah:

Your Lord has decreed that you worship none but Him and that you be kind to parents. Whether one or both of them attain old age in you life say not to them a word of contempt nor repel them but address them in terms of honor. (Qur’an 17:23)

And We have enjoined on the human (to be good) to his/her parents: in travail upon travail did his/her mother bear him/her and in years twain was his/her waning: (hear the command) “Show gratitude to Me and to your parents: to Me is (your final) destiny.” (Qur’an 31:14)

2. Mothers are accorded a special place of honor in Hadeeth too:

A man came to the Prophet Muhammad asking: O Messenger of Allah, who among the people is the most worthy of my good companionship? The Prophet said, your mother. The man said then who is next: the Prophet said, Your mother. The man further asked, Then who is next? Only then did the Prophet say, Your father. (al Bukhari)

Fourth: As a Sister in Faith (Generally)

1. According to the Prophet Muhammad’s saying:

“Women are but sisters (or the other half) of men (shaqa’iq).

2. Prophet Muhammad taught kindness, care, and respect of women in general:

“I commend you to be kind to women”

Fifth: Issue of Modesty and Social Interaction

1. There exists, among Muslims a big gap between the ideal of the real. Cultural practices on both extremes do exist. Some Muslims emulate non Islamic cultures and adopt the modes of dress, unrestricted mixing and behavior resulting in corrupting influences of Muslims and endangering the family’s integrity and strength. On the other hand, in some Muslim cultural undue and excessive restrictions is not seclusion are believed to be the ideal. Both extremes seem to contradict the normative teachings of Islam and are not consistent with the virtuous yet participative nature of the society at the time of the Prophet Muhammad.

2. Parameters of proper modesty for males and females (dress and behavior) are based on revelatory sources (the Qur’an and authentic Sunnah) and as such are seen by believing men and women as divinely based guidelines with legitimate aims, and divine wisdom behind them. They are not male imposed or socially imposed restrictions.

3. The notion of near total seclusion of women is alien to the prophetic period. Interpretation problems in justifying seclusion reflect, in part, cultural influences and circumstances in different Muslim countries.

V. The Legal/Political Aspect

1. Both genders are entitled to equality before the law and courts of law. Justice is genderless.

Most references to testimony (witness) in the Qur’an do not make any reference to gender. Some references fully equate the testimony of males and female.

And for those who launch a charge against their spouses and have (in support) no evidence but their own their solitary evidence (can be received) if they bear witness four times (with an oath) by Allah that they are solemnly telling the truth; And the fifth (oath) (should be) that they solemnly invoke the curse of Allah on themselves if they tell a life. But it would avert the punishment from the wife is she bears witness four times (with an oath) by Allah that (her husband) is telling a lie; And the fifth (oath) should be that she solemnly invokes the wrath of Allah on herself is (her accuser) is telling the truth. (Qur’an 24:69)

One reference in the Qur’an distinguishes between the witness of a male and a female. It is useful to quote this reference and explain it in its own context and in the context of other references to testimony in the Qur’an.

O you who believe! When you 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 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 you 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 just in the sight of Allah more suitable as evidence and more convenient to prevent doubts among yourselves; but if it be a transaction which you carry out on the spot among yourselves there is no blame on you if you reduce it not to writing. But take witnesses whenever you make a commercial contract; and let neither scribe nor witness suffer harm. If you 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. (Qur’an 2:282)

A few comments on this text are essential in order to prevent common misinterpretations:

a) It cannot be used as an argument that there is a general rule in the Qur’an that the worth of a female’s witness is only half the male’s. This presumed “rule” is voided by the earlier reference (24:69) which explicitly equates the testimony of both genders in the issue at hand.

b) The context of this passage (ayah) relates to the testimony on financial transactions which are often complex and laden with business jargon. The passage does not make a blanket generalization which would otherwise contradict 24:69 cited earlier.

c) The reason for variations in the number of male and female witnesses required is given in the same passage. No reference was made to the inferiority or superiority of one gender’s witness or the other’s. The only reason given is to corroborate the female’s witness and prevent unintended errors in the perception of the business deal. The Arabic term used in this passage (tadhilla) means literally “loses the way,” “gets confused or errs.” But are females the only gender that may err and need corroboration of their testimony. Definitely not, and this is why the general rule of testimony in Islamic law is to have two witnesses even if they are both males. This leaves us with only one reasonable interpretation that in an ideal Islamic society as envisioned by Islamic teachings the female members will give priority to their feminine functions as wives, mothers, and pioneers of charitable works. This emphasis, while making them more experienced in the inner function of the family

and social life, may not give them enough exposure and experience to business transactions and terminology, as such a typical Muslim woman in a truly Islamic society will not normally be present when business dealings are negotiated and if may present may not fully understand the dealings. In such a case, corroboration by two women witnesses helps them remind one another and as such give an accurate account of what happened.

d) It is useful to remember that it is the duty of a fair judge, in a particular case, to evaluate the credibility, knowledge and experience of any witness and the specific circumstances of the case at hand.

2. The general rule in social and political life is participation and collaboration of males and female in public affairs:

The believers, men and women, are protectors one of another; they enjoin what is just and forbid what is evil: they observe regular prayers, practice regular charity, and obey Allah and His apostle. On them will Allah pour His mercy: for Allah is Exalted in power, Wise. (Qur’an 9:71)

3. Now there is sufficient historical evidence of participation by Muslim women in the choice of rulers, in public issues, in lawmaking, in administrative positions, in scholarship and teaching, and even in the battlefield. Such involvement in social and political affairs was done without losing sight of the complementary priorities of both genders and without violating Islamic guidelines of modesty and virtue.

4. There is no text in the Qur’an or the Sunnah that precludes women from any position of leadership, except in leading prayer due to the format of prayer as explained earlier and the headship of state (based on the common and reasonable interpretation of Hadeeth).

The head of state in Islam is not a ceremonial head. He leads public prayers in some occasions, constantly travels and negotiates with officials of other states (who are mostly males). He may be involved in confidential meetings with them. Such heavy involvement and its necessary format may not be consistent with Islamic guidelines related to the interaction between the genders and the priority of feminine functions and their value to society. Furthermore, the conceptual and philosophical background of the critics of this limited exclusion is that of individualism, ego satisfaction, and the rejection of the validity of divine guidance in favor of other man-made philosophies, values, or “ism.” The ultimate objective of a Muslim man or woman is to selflessly serve Allah and the ummah in whatever appropriate capacity.

Conclusion:

1. Textual injunctions on gender equity and the prophetic model are sometimes disregarded by some if not most Muslims individually and collectively. Revision of practices (not divine injunctions) is needed. It is not the revelatory Qur’an and the Sunnah that need any editing or revision. What needs to be reexamined are fallible human interpretations and practices.

2. Diverse practice in Muslim countries often reflect cultural influences (local or foreign), more so than the letter or spirit of the Shariiah.

3. Fortunately, there is an emerging trend for the betterment of our understanding of gender equity, based on the Qur’an and Hadeeth, not on alien and imported un-Islamic or non-Islamic values and not on the basis of the existing oppressive and unjust status quo in many parts of the Muslim world.

Endnotes

1. The term equity is used instead of the common expression ‘equality” which is sometimes mistakenly understood to mean absolute equality in each and every detailed item of comparison rather than the overall equality. Equity is used here to mean justice and overall equality of the totality of rights and responsibilities of both genders. It does allow for the possibility of variations in specific items within the overall balance and equality. It is analogous to two persons possessing diverse currencies amounting, for each person to the equivalence of US$1000. While each of the two persons may possess more of one currency than the other, the total value still comes to US$1000 in each case. It should be added that from an Islamic perspective, the roles of men and women are complementary and cooperative rather than competitive.

2. The Sunnah refers to the words, actions, and confirmations (consent) of the Prophet Muhammad in matters pertaining to the meaning and practice of Islam. Another common term which some authorities consider to be equivalent to the Sunnah is the Hadeeth (plural: Ahadeeth) which literally means “sayings.”

3. In both Qur’anic references, 15:29 and 32:99, the Arabic terms used are basharan and al Insaun both mean a human being or a person. English translations do not usually convey this meaning and commonly use the terms “man” or the pronoun” him” to refer to “person” without a particular gender identification. Equally erroneous is the common translation of Bani Adam into “sons of Adam” or “men” instead of a more accurate term “children of Adam.”

4. The emphasis is ours. The explanatory “both”{ was added whenever the Our’anic Arabic text addresses Adam and Eve, like “lahoma, akala, akhrajahoma.” This was done in order to avoid misinterpreting the English term “you” to mean an address to a singular person. For the Biblical version of the story and its implications, see The Holy Bible, RSV, American Bible Society, New York: 1952: Genesis, chapters 23, especially 3:6, 12, 1717; Levi ticus 12:17; 15:19 30; and Timothy 2:11 14.

5. A common question raised in the West is whether a Muslim woman can be ordained as a priest as more “liberal” churches do? It should be remembered that there is no “church” or “priesthood” in Islam. The question of “ordaining” does not arise. However, most of the common “priestly” functions such as religious education, spiritual and social counseling are not forbidden to Muslim women in a proper Islamic context. A woman, however, may not lead prayers since Muslim prayers involve prostrations and body contact. Since the prayer leader is supposed to stand in front of the congregation and may move forward in the middle of crowded rows, it would be both inappropriate and uncomfortable for a female to be in such a position and prostrate, hands, knees and forehead on the ground with rows of men behind here. A Muslim woman may be an Islamic scholar, In the early days of Islam, there were several examples of female scholars who taught both genders.

6. This contrast with the legal provisions in Europe which did not recognize the right until nearly 13 centuries after Islam. “By a series of acts starting with the Married Women’s Property Act in 1879, amended in 1882 and 1997, married women achieved the right to won property and to enter into contracts on a par with spinsters, widows, and divorcees.” See Encyclopedia Britannica, 1968, vol. 23, p. 624.

7. This period is usually three months. If the wife is pregnant, it extends until childbirth.

8. Ahmad Ibn Hanbal (compiler), Musnad Ibn Hanbal, Dar al Ma’arif, Cairo: 1950 and 1955, vols. 3 and 4. Hadith nos. 1957 and 2104.

9. Narrated in Al Bayhaqi and Ibn Majah, quoted in M. S. Aftfi, Al Martah wa Huququhafi al Islam (in Arabic), Maktabat al Nahdhah, Cairo: 1988, p. 71.

10. Ibn Majah (compiler), Sunan Ibn Majah, Dar Ihya’ al Kutub al Arabiyah, Cairo: 1952, vol. 1, Hadith #1873.

11. Matn al Bukhari, op. cit., vol. 3, p. 257.

12. Riyad al Saliheen, op. cit, pp. 140.

13. In the event of a family dispute, the Qur’an exhorts the husband to treat his wife kindly and not to overlook her positive aspects. If the problem relates to the wife’s behavior, her husband may exhort her and appeal for reason. In most cases, this measure is likely to be sufficient. In cases where the problem continues, the husband may express his displeasure in another peaceful manner by sleeping in a separate bed from hers. There are cases, however where a wife persists in deliberate mistreatment of her husband and disregard for her marital obligations. Instead of divorce, the husband may resort to another measure that may save the marriage, at least in some cases. Such a measure is more accurately described as a gentle tap on the body, but never on the face, making it more of a symbolic measure than a punitive one. Following is the related Qur’anic text:

Men are the protectors and maintains of women because Allah has given the one more (strength) than the other and because they support them from their means. Therefore the righteous women are devoutly obedient and guard in (the husband’s) absence what Allah would have them guard. As to those women on whose part you fear disloyalty and ill conduct, admonish them (first), (next) refuse to share their beds (and last) beat them (lightly); but if they return to obedience seek not against them means (of annoyance): for Allah is Most High, great (above you all). (Qur’an 4:34)

Even here, that maximum measure is limited by the following:

a) It must be seen as a rare exception to the repeated exhortation of mutual respect, kindness and good treatment discussed earlier. Based on the Qur’an and Hadeeth, this measure may be used in the case of lewdness on the part of the wife or extreme refraction and rejection of the husband’s reasonable requests on a consistent basis (nushuz). Even then other measures such as exhortation should be tried first.

b) As defined by the Hadeeth, it is not permissible to strike anyone’s face, cause any bodily harm or even be harsh. What the Hadeeth qualified as dharban ghayra mubarrih or light beating was interpreted by early jurists as a (symbolical) use of the miswak (a small natural toothbrush).

They further qualified permissible “beating” as beating that leaves no mark on the body. It is interesting that this latter fourteen centuries old qualifier is the criterion used in contemporary American law to separate a light and harmless tap or strike from “abuse” in the legal sense. This makes it clear that even this extreme, last resort and “lesser of the two evils” measure that may save the marriage does not meet the definitions of “physical abuse,” “family violence,” of “wife battering” in the twentieth century laws in liberal democracies, where such extremes are commonplace that they are seen as national concerns.

c) Permissibility of such symbolical expression of the seriousness of continued refraction does not imply its desirability. In several Ahadeeth, Prophet Muhammad discouraged this measure. Among his sayings: “Do not beat the female servants of Allah,” “Some (women visited my family complaining about their husbands (beating them). These (husbands) are not the best of you,” “[Is it not a shame that], one of you beats his wife like [an unscrupulous person] beats a slave and maybe he sleeps with her at the end of the day.” See Riyad Al Saliheen, op cit., pp. 130 140. In another Hadeeth, the Prophet said:

“How does anyone of you beat his wife as he beats the stallion camel and then he may embrace (sleep with) her?” Shaheeh Al Bukhari, op. cit., vol. 8, Hadeeth no. 68, pp. 42 43.

d) True following of the Sunnah is to follow the example of the Prophet Muhammad, who never resorted to that measure regardless of the circumstances.

e) Islamic teachings are universal in nature. They respond to the needs and circumstances of diverse times, cultures, and circumstances but unnecessary in others. Some measures may work in some cases, cultures, or with certain persons but may not be effective in others. By definition a “permissible” it is neither required encouraged, or forbidden. In fact, it may be better to spell out the extent of permissibility such as in the issue at hand, than leaving it unrestricted and unqualified or ignoring it all together. In the absence of strict qualifiers, persons may interpret the matter in their own way lending to excesses and real abuse.

f) Any excess, cruelty, family violence, or abuse committed by any “Muslim” can never be traced, honestly, to any revelatory text (Qur’an and Hadeeth). Such excesses and violations are to be blamed on the person(s) himself as it shows that he is paying lip service to Islamic teachings and injunctions and is failing to follow the true sunnah of the Prophet.

14. For more details on marriage dissolution and custody of children, see A. Abd al Ati, Family Structure in Islam, Indianapolis: American Trust Publications, 1977, pp. 217 49.

15. For more details on the issue of polygyny, see Jamal A. Badawi, Polygyny in Islamic Law, Plainfield, IN: American Trust Publications, also Islamic Teachings (audio series), Islamic Information Foundation, 1982, album IV.

16. See for example, Edward A. Westermarck, The History of Human Marriage, 4th ed. (London: Macmlllan, 1925), vol 3, pp. 42 43; also Encyclopedia BibRca, Rev. T. K. Cheyene and J. S. Black, eds.) (London: Macmillan, 1925), vol. 3, p 2946.

17. A. M. B. 1. Al Bukhari (compiler) Matn al Bukhari, Cairo: Dar Ihya al Kutub al Arabiyah, n.d., vol. 3 Kitab al Adab, p. 47. Translated by the author. For a similar English translation of this Hadeeth, see Sahih al Bukhari translated by M. M. Khan Maktabat al Riyadh al Hadeethah, Riyadh, Saudi Arabia, i982, colt 8, the Book of ai Adab, Hadeeth no. 2, p. 2.

18. Narrated by Aisha, collected by Ibn Asakir in Silsilat Kunaz al Sunnah 1, Al./ami Al Sagheer, Ist ed. 1410 AH. A computer program.

19. Riyadh al Saliheen, op. cit., p. 139.

Bibliography

I. The Qur’an and Hadeeth

1. The Holy Qur’an: Text, Translation and Commentary by A. Y. Ali, The American Trust Publication, Plainfield, IN 1977.

2. Matn al Bukhari, Al Bukhari (compiler), Dar Ihya al Kutub al Arabiyah, Cairo, Egypt, n.d.

3. Musnad Ahmad Ibn Hanbal, Ibn Hanbal (compiler), Dar Ihya’ al Kutub al Arabiyah, Cairo Egypt, 1950 and 1955.

4. Riyadh al Saliheen, Al Nawawi, (compiler) New Delhi, India n.d.

5. Sahih Al Bukhari, M. Khan (translator), Maktabat Al Riaydh Al Hadeethah, Riyadh, Saudi Arabia 1982.

6. Silsilat Kunuz Al Sunnah: Al Jami al Sagheer, 1st ea., 1410 AH, a computer software.

7. Sunan Ibn Majah, Dar Ihya al Kutub al Arabiyah, Cairo: 1952.

II. Other References

1. Al Martah wa Huququha fi al Islam, M. S. Aftfi, Maktabat AlNadhhah, Cairo: 1988.

2. Holy Bible, RSV, American Bible Society, New York: 1952.

3. Encyclopedia Biblica, vol. 3, Rev. T. K. Cheyene and J. S. Black, editors, London: Machollan, 1925.

4. Encyclopedia Britanica, Vol. 23, 1968

5. The History of Human Marriage, vol. 3, Edward A. Westermarck, London: Macmillan, 1925

One of the distinctive characteristics of the times we live in is the overwhelming presence of violence in our societies. Whether it is a bomb going off in a market place, or the hijacking of an aircraft where innocent people are held at ransom to achieve political ends, we live in an age, where the manipulation and loss of innocent lives has become commonplace.

Such is the all-pervasive nature of indiscriminate violence, that “terrorism” is considered as one of the prime threats to peace and security in our societies.

The word terrorism came into wide usage only a few decades ago. One of the unfortunate results of this new terminology is that it limits the definition of terrorism to that perpetrated by small groups or individuals. Terrorism, in fact, spans the entire world, and manifests itself in various forms. Its perpetrators do not fit any stereotype. Those who hold human lives cheap, and have the power to expend human lives, appear at different levels in our societies. The frustrated employee who kills his colleagues in cold-blood or the oppressed citizen of an occupied land who vents his anger by blowing up a school bus are terrorists who provoke our anger and revulsion. Ironically however, the politician who uses age-old ethnic animosities between peoples to consolidate his position, the head of state who orders “carpet bombing” of entire cities, the exalted councils that choke millions of civilians to death by wielding the insidious weapon of sanctions, are rarely punished for their crimes against humanity.

It is this narrow definition of terrorism that implicates only individuals and groups, that has caused Muslims to be associated with acts of destruction and terror, and as a result, to become victims of hate violence and terror themselves. Sometimes the religion of Islam is held responsible for the acts of a handful of Muslims, and often for the acts of non-Muslims!

Could it be possible that Islam, whose light ended the Dark Ages in Europe, now propound the advent of an age of terror? Could a faith that has over 1.2 billion followers the world over, and over 7 million in America, actually advocate the killing and maiming of innocent people? Could Islam, whose name itself stands for “peace” and “submission to God”, encourage its adherents to work for death and destruction?

For too long, have we relied on popular images in the media and in Hollywood films, for answers to these pertinent questions. It is now time to look at the sources of Islam, and its history to determine whether Islam does indeed advocate violence.

SANCTITY OF HUMAN LIFE

The Glorious Qur’an says:

“…take not life, which God hath made sacred, except by way of justice and law: thus doth He command you, that ye may learn wisdom.”
[Al-Qur’an 6:151]

Islam considers all life forms as sacred. However, the sanctity of human life is accorded a special place. The first and the foremost basic right of a human being is the right to live. The Glorious Qur’an says:

“…if any one slew a person – unless it be for murder or for spreading mischief in the land – it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people.”
[Al-Qur’an 5:32]

Such is the value of a single human life, that the Qur’an equates the taking of even one human life unjustly, with killing all of humanity. Thus, the Qur’an prohibits homicide in clear terms. The taking of a criminal’s life by the state in order to administer justice is required to uphold the rule of law, and the peace and security of the society. Only a proper and competent court can decide whether an individual has forfeited his right to life by disregarding the right to life and peace of other human beings.

ETHICS OF WAR

Even in a state of war, Islam enjoins that one deals with the enemy nobly on the battlefield. Islam has drawn a clear line of distinction between the combatants and the non-combatants of the enemy country. As far as the non-combatant population is concerned such as women, children, the old and the infirm, etc., the instructions of the Prophet are as follows: “Do not kill any old person, any child or any woman”[1]. “Do not kill the monks in monasteries” or “Do not kill the people who are sitting in places of worship.”[2] During a war, the Prophet saw the corpse of a woman lying on the ground and observed: “She was not fighting. How then she came to be killed?” Thus non-combatants are guaranteed security of life even if their state is at war with an Islamic state.

JIHAD

While Islam in general is misunderstood in the western world, perhaps no other Islamic term evokes such strong reactions as the word ‘jihad’. The term ‘jihad’ has been much abused, to conjure up bizarre images of violent Muslims, forcing people to submit at the point of the sword. This myth was perpetuated throughout the centuries of mistrust during and after the Crusades. Unfortunately, it survives to this day.

The word Jihad comes from the root word jahada, which means to struggle. So jihad is literally an act of struggling. The Prophet Muhammad (peace be upon him) said that the greatest jihad is to struggle with the insidious suggestions of one’s own soul. Thus jihad primarily refers to the inner struggle of being a person of virtue and submission to God in all aspects of life.

Secondarily, jihad refers to struggle against injustice. Islam, like many other religions, allows for armed self-defense, or retribution against tyranny, exploitation, and oppression. The Glorious Qur’an says:

“And why should ye not fight in the cause of God 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-Qur’an 4:75]

Thus Islam enjoins upon its believers to strive utmost, in purifying themselves, as well as in establishing peace and justice in the society. A Muslim can never be at rest when she sees injustice and oppression around her. As Martin Luther King Jr. said:

“We will have to repent in this generation not merely for the hateful words and actions of the bad people but for the appalling silence of the good people.”

Islam enjoins upon all Muslims to work actively to maintain the balance in which God created everything. However, regardless of how legitimate the cause may be, the Glorious Qur’an never condones the killing of innocent people. Terrorizing the civilian population can never be termed as jihad and can never be reconciled with the teachings of Islam.

HISTORY OF TOLERANCE

Even Western scholars have repudiated the myth of Muslims coercing others to convert. The great historian De Lacy O’Leary wrote:

“History makes it clear, however, that the legend of fanatical Muslims, sweeping through the world and forcing Islam at the point of sword upon conquered races is one of the most fantastically absurd myths that historians have ever repeated.”[3]

Muslims ruled Spain for roughly 800 years. During this time, and up until they were finally forced out, the non-Muslims there were alive and flourishing. Additionally, Christian and Jewish minorities have survived in the Muslim lands of the Middle East for centuries. Countries such as Egypt, Morocco, Palestine, Lebanon, Syria, and Jordan all have significant Christian and/or Jewish populations.

This is not surprising to a Muslim, for his faith prohibits him from forcing others to see his point of view. The Glorious Qur’an says:

“Let there be no compulsion in religion: Truth stands out clear from Error: whoever rejects evil and believes in God hath grasped the most trustworthy hand-hold, that never breaks. And God heareth and knoweth all things.”
[Al-Qur’an 2:256]

ISLAM – THE GREAT UNIFIER

Far from being a militant dogma, Islam is a way of life that transcends race and ethnicity. The Glorious Qur’an repeatedly reminds us of our common origin:

“O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that ye may know each other (not that ye may despise (each other). Verily the most honored of you in the sight of God is (he who is) the most righteous of you. And God has full knowledge and is well acquainted (with all things).”
[Al-Qur’an 49:13]

Thus, it is the universality of its teachings that makes Islam the fastest growing religion in the world. In a world full of conflicts and deep schisms between human beings, a world that is threatened with terrorism, perpetrated by individuals and states, Islam is a beacon of light that offers hope for the future.

———-

[1] Narrated in the collection of traditions of Abu Dawud
[2] Narrated in the Musnad of Imam Ibn Hanbal
[3] Islam At Crossroads, London, 1923, page 8

On a visit to a post office in San Diego, California, I noticed an elderly lady struggling to get out of her car. Alone and probably in her mid seventies she held the door with a trembling hand as she stepped out of the driver’s seat.

“May I help you Ma’am?”, I said, stepping out of my own car with an outstretched hand.

“No, Thank you”, she replied, politely and with a smile, perhaps reluctant to take help from a stranger.

I watched her as she proceeded towards the building with difficulty. Her dignified refusal, despite the difficult situation she was in, moved me immensely. She was clearly too old to be running errands, and perhaps too old to drive safely.

I realized that the situation of this old lady was not unlike millions of other elderly the world over, who are deprived the love and care they need and deserve in their old age.

The American Pscychological Association reports:

Every year an estimated 2.1 million older Americans are victims of physical, psychological, or other forms of abuse and neglect. Those statistics may not tell the whole story. For every case of elder abuse and neglect that is reported to authorities, experts estimate that there may be as many as five cases that have not been reported.

Even in countries that are known for relatively stronger family structures, the elderly are increasingly getting short shrift. According to HelpAge India, most elders are ill-treated by their own children, who have emerged as the the largest group of perpetrators at 47.3 per cent of all cases of abuse! .

The Status of the Elderly in Islam While Islam emphasizes respect for all elders in society, children have a special responsibility towards their parents.

The Glorious Qur’an says:

“Thy Lord hath decreed that ye worship none but Him, and that ye be kind to parents. Whether one or both of them attain old age in thy life, say not to them a word of contempt, nor repel them, but address them in terms of honor. And, out of kindness, lower to them the wing of humility, and say: “My Lord! bestow on them thy Mercy even as they cherished me in childhood.” [Translation of Al-Qur’an 17:23-24]

In these verses, kindness towards parents is mentioned along with belief in One God. These two verses reflect the compassion, respect and sense of responsibility that Islam requires the believers to have towards their parents.

“A man came to the Prophet and said, ‘O Messenger of God! Who among the people is the most worthy of my good companionship? The Prophet said: Your mother. The man said, ‘Then who?’ The Prophet said: Then your mother. The man further asked, ‘Then who?’ The Prophet said: Then your mother. The man asked again, ‘Then who?’ The Prophet said: Then your father” [Hadith from Bukhari and Muslim]

The Prophet declared that parents have the right to be obeyed by their children. In one of his narrations, the Prophet stated that the major sins are to believe that God has partners, to disobey one’s parents, to commit murder, and to bear false witness [Bukhari, Muslim].

Islam makes it mandatory for children to be responsible for the maintenance of their parents once the children have become independent.

Dignity – A Basic Human Right

In the last few years, there has been a renewed interested internationally in the plight of the elderly. Many conferences and symposia have emphasized that often the elderly are not accorded the respect and dignity that every human being needs, even if they are provided basic maintenance.

Compassion and respect towards the elderly is an essential element of Islamic conduct. The Prophet of Islam stated clearly:

“He is not one of us who does not show tenderness to the young and who does not show respect to the elder.” [Hadith from at-Tirmidhi]

Far from the abuse and neglect that we see in present day society the elderly have a protected and dignified status in Islam. Traditionally Muslims have accorded their elders this lofty status, and the decline in this practice we see in some Muslim countries is concomitant with the overall decline in adherence to Islamic principles.

In the cycle of life, the youth and old age are only a matter of time, for one who is young, must surely grow old one day. Islam reminds the young of this basic truth of the human condition, through a narration of the Prophet in which he stated “If a young man honors an elderly on account of his age, God appoints someone to honor him in his old age.” [Hadith from At-Tirmidhi]

May God help us all, to fulfill our duties towards our elderly, to love and respect them as they ought to be loved and respected, and to set a good example for our own children.

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?The newest buzzword these days is ‘Shariah.’ As several states scramble to pass legislation to outlaw Shariah, a hyped fear and persistent confusion surrounds this loaded term. Most people who speak passionately against Shariah do not, in reality, understand it and often reduce it to merely a penal code. This introduction describes the universal principles of Shariah and its holistic approach. It further highlights misconceptions about Shariah in order to address the concerns currently surrounding this topic.

Shariah is an integral part of Islam. It is often defined as ‘Islamic law,’ causing one to assume that it consists mostly of criminal rulings and penalties. However, Shariah encompasses much more than the conventional understanding of law. While Shariah provides the legal framework for the foundation and functioning of a society, it also details moral, ethical, social and political codes of conduct for Muslims at an individual and collective level.

Islam is a faith that every prophet sent by God preached to his people, culminating in the message brought by the final prophet, Muhammad, peace be upon him (pbuh), in the 7th century in Arabia. Prophet Muhammad (pbuh) called people towards the belief in one God and encouraged them to be just and compassionate to one another. In Islam’s holy book, the Quran (also spelled ‘Koran’), God explains that he sent Muhammad (pbuh) as a source of mercy for humanity: “And We have not sent you, [O Muhammad], except as a mercy to the worlds.” (21: 107)

His mandate for mercy is symbolic of the overall message of Islam. The Quran states, “O mankind! There hath come to you a direction from your Lord and a healing for the (diseases) in your hearts, and for those who believe, a guidance and a Mercy.” (10:57)

In the same spirit, the essence of Shariah is also characterized by mercy and compassion. The very purpose of Shariah is to facilitate the individual and the community to establish a relationship with God and one another. Its rules and regulations are designed to benefit and protect all members of the society. God declares in the Quran, “O you who believe! Stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin…” (4:135)

According to Ibn al-Qayyim (d. 1350), one of the great scholars of Islam, “The Shariah in its entirety is justice, mercy and benefit. So any issue that leads from justice to injustice, or mercy to its opposite, or benefit to harm, then it is not from the Shariah, even if someone thought that it is.”

Shariah is an Arabic word that literally means a ‘vast road leading to an uninterrupted source of water.’ Figuratively, it refers to a clear, straight path, as mentioned in the following Quranic verse: “Then We put you, [O Muhammad], on a straight way concerning the matter [of religion]; so follow it and do not follow the inclinations of those who do not know.” (45:18) Hence, Shariah is the practical guidance Muslims live by. It is rooted in the divine teachings of Islam and relates to all aspects of life. Its collective aim is to facilitate justice and benefit for humanity in this life and the hereafter.

Shariah is derived from the scholarly study of Islamic texts. These texts include the final revelation from God (Quran) and the recorded teachings of Prophet Muhammad (Sunnah) which are timeless and of divine origin. However, scholars derive specific rulings from the revealed texts by using human effort and interpretation, taking into account the surrounding context. As such, Shariah relies on scholarly consensus, legal analogy, and interpretive reasoning in deciding rulings. Hence, there are areas of Shariah where the scholars unanimously agree due to clearly defined evidence and areas where disagreements exist. This flexibility enables Shariah to maintain its applicability and relevance in the light of changing social, cultural, and historical circumstances, while remaining faithful to the guiding principles of Shariah and its core objectives.

Objectives of Shariah
To fulfill its intrinsic goal of achieving benefit and justice, Shariah sets forth certain timeless principles, which deal with the necessary, supplementary, and voluntary realms of human lived experience.

Firstly, Shariah preserves basic human rights in order to maintain harmony in society. This necessary protection applies to all members of society, irrespective of their race, religion, or ethnicity. These rights are classified as faith, life, progeny, property, and intellect. These fundamental protections ensure freedom of religion, affirm the sanctity of life, validate the importance of family, guarantee the security of assets, and uphold the power of reasoning.

As with any liberties, certain provisions in Shariah open avenues for advancement whereas some are designed to keep people from stepping over the rights of others. In his essay titled “The Objectives of Shariah,” Dr. Mohammad Hashim Kamali, former professor of law at the International Islamic University of Malaysia, explains that Shariah encourages work and trade so that individuals are able to earn a living. Similarly, Shariah urges the pursuit of knowledge and education to ensure the intellectual growth and development of people. On the other hand, theft is punishable because it threatens the inherent right of property. In addition, adultery and alcohol consumption are prohibited because the former violates the sanctity of the family unit and the latter has the potential to impair one’s intellectual capacity, leading to the abuse of other people’s rights.

After securing these necessities, Shariah supplements them by removing hardships. God states in the Quran, “God wants ease for you, not hardship.” (Quran 2:185) He also says, “And He has imposed no difficulties on you in religion.” (Quran 22:78) The permissibility of hunting for food and profit sharing, for instance, are concessions which facilitate human life. Likewise, the prohibition of exploitative or doubtful contracts prevents harm.

Furthermore, God assures, “… if one is forced by necessity, without willful disobedience, nor transgressing due limits, then he is guiltless, for Allah is Oft-forgiving, Most Merciful.” (Quran 2:173) This has given rise to the Islamic legal principle, ‘Necessities make the prohibited permissible.’ For instance, fasting during Ramadan is obligatory. Yet, if someone cannot fast due to a medical reason, they may skip the fasts in that month and compensate for them through alternatives outlined in Shariah.

Lastly, after protecting the essential rights of people and granting complementary concessions, Shariah focuses on additional and voluntary factors that enhance and refine life. For instance, fasting outside of Ramadan is added worship which falls under this category. Developing good habits and perfecting one’s interpersonal skills are also extra deeds. Similarly, desires and comforts which beautify life, such as fine clothing, nice furniture, and delicious food, are incorporated here, provided one does not indulge in them at the cost of their physical and spiritual health.

The necessary, supplementary, and voluntary principles within Shariah all seek to promote its primary objective: to achieve benefit. In its broadest sense, benefit encompasses this life and the afterlife, the individual as well as the society, the present and the future. Human intellect requires the comprehensive knowledge and guiding wisdom of God to achieve this benefit in its entirety. Indeed, God has ordained Shariah for the benefit of His creatures and it exemplifies His Mercy.

A Way of Life
Shariah is much more than ‘Islamic law’ because it is not limited to legal issues. While it covers areas of contracts, family law, and international relations, it also includes a social system that encourages the just and generous treatment of neighbors, the preservation of the environment, and caring for the poor and oppressed, along with personal acts of worship such as prayer, fasting, and charity. In fact, Shariah contains a detailed code of conduct. Here are some examples from the Quran (final revelation of God) and Sunnah (teachings of Prophet Muhammad, pbuh):

Quran
• “And speak good words to all people.” (2:83)
• “The servants of the Lord of Mercy are those who walk humbly
• on the earth, and who, when the foolish address them, reply, ‘Peace’.” (25:63)
• “God loves those who seek to purify themselves.” (9:108)
• “…whoever pardons and makes reconciliation – his reward is [due] from Allah. Indeed, He does not like wrongdoers.” (42:40)
• “… those who are patient and do righteous deeds; those will have forgiveness and great reward.” (11:11)

Sunnah

• “The believer does not defame, abuse, disparage, nor vilify.”
• “You do not believe until you love for your brother (in faith and in humanity) what you love for yourself.”
• “The world is green and delightful and God has put you in charge of it and is watching how you behave.”
• “Show mercy to those on earth so that He Who is in Heaven (God) will show mercy on you.”
• “Make things easy on people and do not make them difficult, and cheer people up and do not put them off (by your behavior).”

In addition, Shariah seeks to protect all the vulnerable segments of society. The following is a brief list of these:
• Women have the right to education, to marry someone of their choice, to divorce, to work, to own and sell property, to vote as well as to participate in civic and political engagement, and to be protected by the law.
• Zakah, an obligatory charity, is collected from individuals who fall above a specific income bracket, amounting to 2.5% of their wealth. This money is redistributed to eight different groups of needy people and institutions, starting with the local needs first.
• Children have rights that Shariah protects, including the right not to be abused. When parents get a divorce, custody is granted according to the child’s benefit.
• Caring for the poor, orphans, widows, and the elderly is a collective responsibility of the community.
• Animals are to be treated with kindness, and cruelty towards them is a grave sin.

The primary theme in all of these examples is the individual and collective effort to achieve benefit in material, moral, and spiritual spheres of life through mercy and compassion.

Misconceptions about Shariah
Many people think Shariah forces Muslims in America to reject the U.S. Constitution while others openly assert that American Muslims want to replace the U.S. Constitution with Shariah. In reality, this is not true. Shariah actually demands that Muslims follow the law of the land. This command is binding so long as they are not forced to commit an irreligious act or prevented from fulfilling their religious duties. Thankfully, this is not the case in the U.S. because the Constitution protects freedom of religion.

In fact, the U.S. Constitution and Shariah have much in common. The Constitution begins with, “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution of the United States of America.” These stipulations are very similar in nature to the objectives of Shariah, as described above. In addition, Shariah is comparable to the laws of other religious communities, such as Jewish customs in terms of dietary restrictions, aspects of ritual purity, and a detailed code of conduct.

As any other faith-based community in America, Muslims may disagree with certain laws enacted by the majority, and may exercise their right to peaceful persuasion, in order to bring about a change. However, this free and peaceful expression of ideas can hardly be deemed a threat, given that the Constitution itself guarantees this right for every individual under the First Amendment. Indeed, a healthy attitude toward differences of opinion is a source of enrichment for our common culture.

The aspects of Shariah related to a Muslim’s ability to practice Islam, such as prayer, fasting, and charity, do not conflict with Common Law. However, differences do arise in some matters. For instance, the laws of inheritance in Shariah are distinct from those in Common Law. In this case, Muslims have utilized means provided by the Common Law, such as writing wills in accordance with Shariah, in order to be faithful to their religion while following the law of the land.

Peaceful coexistence is mandated by Shariah. When a Muslim lives in the U.S., they are doing so while agreeing to follow the law of the land and this agreement is binding upon them according to Shariah. In the Quran, God commands Muslims to fulfill their covenants: “O you who have believed, fulfill (all) contracts.” (5:1) God also commands Muslims, “Fulfill your agreement with them to the end of their term. God loves those who are mindful of Him.” (9:4)

Therefore, attempts to outlaw Shariah are not only absurd, they can potentially alienate millions of peaceful, law-abiding Muslims currently living in America. After all, Shariah safeguards essential rights such as acts of obligatory worship, instructs Muslims regarding their dietary regulations, and encourages them to be pious, truthful, and tolerant individuals. Misguided efforts to outlaw Shariah would in fact impede Muslims from practicing the very basics of their religion, from praying and fasting to consuming food according to Islamic guidelines. Hence, these anti-Shariah bills are far from securing Americans from an impending threat and actually infringe upon the rights of the American Muslim community.

Contrary to its distorted image, Shariah is a comprehensive social and legal system which is an integral part of a Muslim’s life. Its guiding principles are based on mercy and compassion and its core objectives are designed to achieve benefit and justice, on an individual as well as collective level.

Hajj, or the Pilgrimage, is the last among those acts of Worship, which Islam enjoins upon its followers. Like Prayer, Fasting and Almsgiving, it mounds their life and prepares them so that they may live in surrender to Allah (God).

The word Hajj means to make a resolve to visit a holy place: Visiting the Ka’ba in Makka is therefore called Hajj.

Why Are Millions Going to Makkah? Click to watch!