Archive for the ‘Fatwas’ Category

Professor Muhammad Hashim Kamali – two important articles on Sharia

December 2, 2025

Bismillah. I got hold of two valuable articles from 1998:

  1. Maqasid al-Sharia (The Higher Objectives of Islamic Ethics-Law)
  2. Qawa’id Fiqhiyyah (Juristic or Legal Maxims of the Sharia, Islamic Ethics-Law)

If interested, download them from here:

WHO ARE THE MU’ALLAFATU QULUBUHUM (THOSE WHO ARE GIVEN ZAKAT TO BRING THEIR HEARTS NEAR) ?

April 22, 2024

WITH THE NAME OF GOD, ALL-MERCIFUL, MOST MERCIFUL

WHO ARE THE MU’ALLAFATU QULUBUHUM
(THOSE WHO ARE GIVEN ZAKAT/ALMS TO BRING THEIR HEARTS NEAR) ?

Allah (God) says in the Qur’an:

إِنَّمَا الصَّدَقـٰتُ لِلفُقَراءِ وَالمَسـٰكينِ وَالعـٰمِلينَ عَلَيها وَالمُؤَلَّفَةِ قُلوبُهُم وَفِى الرِّقابِ وَالغـٰرِمينَ وَفى سَبيلِ اللَّهِ وَابنِ السَّبيلِ ۖ فَريضَةً مِنَ اللَّهِ ۗ وَاللَّهُ عَليمٌ حَكيمٌ

Truly, the [compulsory] alms are only for: the poor; the needy;
those who work upon them (in alms-collection);
those whose hearts are brought near;
those whose necks are under the yoke;
those who have taken on a major debt;
in the path of God; and the child of the path [i.e. the traveller]:
an obligation from God: for God is Knowing, Wise.

(Surah al-Tawbah, Repentance, 9:60 Hafs)

TAFSIR TABARI ON THIS VERSE (SUMMARISED)

Imam Tabari (224-310 H / 839-923 CE) said:

As for “those whose hearts are brought near”: they were a group of people who were brought closer to Islam (through the incentive of being given wealth), who could not be (openly) supported. The alms benefited themselves and their close families. Such people were: Abu Sufyan bin Harb, ‘Uyaynah bin Badr, Aqra’ bin Habis and similar heads of tribes.

Similar to what we have said, has been said by the People of Interpretation.

Mention of those who said that: Ibn ‘Abbas, Yahya bin Abi Kathir, Zuhri, Mujahid, Hasan [Basri] and Qatadah. Yahya bin Abi Kathir said that such heads of tribes were given a hundred she-camels[1] each by the Prophet, may God bless him and grant him peace; a few others were given fifty each. Zuhri added that this phrase includes Jews and Christians who submit to God (via Islam), even if they are rich.

The people of knowledge differed about whether or not this category exists today, and whether anyone today may be given charity to bring them closer to Islam?

Some of them said: The category of “those whose hearts are brought together” is invalid today: there is no share in the compulsory alms except for those in need, those in the path of God and those who work upon them (in alms-collection).

Mention of those who said that: Hasan [Basri], ‘Amir [bin Sharahil al-Sha’bi] and ‘Umar bin al-Khattab.

When ‘Uyaynah bin Hisn came to [Caliph] ‘Umar bin al-Khattab [seeking to be given alms], ‘Umar said, “The Truth (has come) from your Lord: so whoever wishes to, may have faith; and whoever wishes to, may deny!” [Surah al-Kahf, The Cave, 18:29 Hafs] That is, there is no bringing near today.

‘Amir [bin Sharahil al-Sha’bi] said: Those whose hearts were brought near, were only during the time of the Prophet, may God bless him and grant him peace: when Abu Bakr, may God Exalted’s Mercy be upon him, came to power, incentives stopped.

Others said: “Those whose hearts are brought near” exist in every age, and they have a right to some alms.

Mention of those who said that: Abu Ja’far [i.e. Imam Muhammad bin ‘Ali al-Baqir].

Abu Ja’far [i.e. Imam Tabari, who had his own, independent Madhhab] said:

The correct saying from amongst those, in my view, is that God has made alms to serve two purposes. One of them is to fill any gaps (of need) amongst the Muslims. The other is to aid and strengthen Islam. Whatever charity is to aid Islam and strengthen its means, this is given to both rich and poor. This is because it is not given to a person due to his need for it, but is given to him in order to aid the religion. This is just like what is given to a person for the sake of sacred war (Jihad) in the way of God, for that is given to him whether he is rich or poor, and not to fill his gap (of need). Similar are those whose hearts are brought near: they are given that charity even if they are rich: such giving to them seeks to benefit the matter of Islam and seeks to strengthen and fortify it.

The Prophet, may God bless him and grant him peace, gave to whomever amongst those whose hearts were to be brought near, after God opened the victories for him: Islam spread and its people increased in honour. Thus, there is no proof in the argument of the one who says that “Today, no-one is to be brought near to Islam (via alms), because the people of Islam, by their great number, are prevented from being reached by anyone who wishes to give them alms.” The Prophet, may God bless him and grant him peace, gave to those whom he gave whilst they were in the condition that has been described.

TAFSIR IBN KATHIR ON THIS VERSE (SUMMARISED)

Imam Ibn Kathir (700-774 H / 1300-1373 CE) said:

As for “those whose hearts are brought near”:

[1] Some were those who were given (alms) that they may submit (in Islam).

An example is that the Prophet, may God bless him and grant him peace, gave to Safwan bin Umayyah out of the spoils (of war) at Hunayn, a battle that the latter had witnessed as a polytheist. Imam Ahmad, Muslim and Tirmidhi narrated that Safwan bin Umayyah said, “The Messenger of God, may God bless him and grant him peace, gave me (wealth) on the Day of Hunayn whilst he was the most hated of people to me, but he continued giving me (wealth) until he became the most beloved of people to me.”

[2] Some were given (alms) in order that they improve their Islam (having already submitted) and for their hearts to become firm.

An example is that he distributed (wealth), on the Day of Hunayn, to a group of tribal chiefs and nobles amongst the released captives: a hundred camels each. He said, “Truly, I give to a man whilst another is more beloved to me, fearing that God will upend him (the former) on his face in the Fire of Jahannam.”

In the two Sahihs (of Bukhari and Muslim), there is on the authority of Abu Sa’id that ‘Ali sent a small nugget of gold, (encased) in its rock, to the Prophet, may God bless him and grant him peace, from Yemen: he divided it amongst four people: Aqra’ bin Habis, ‘Uyaynah bin Badr, ‘Alqamah bin ‘Ulathah and Zayd al-Khayr, and said, “I bring them near.”

[3] Some were given (wealth) because of the hope that their peers would submit (in Islam).

[4] Some were given (wealth) in order to elicit alms from those around them, or

[5] To ward off harm from the border lands around the territory of the Muslims.

The place for detailed explanation of this is the books of jurisprudential rulings (furu’).

And God knows best.

Can alms be given to those being brought closer to Islam, after the (time of) the Prophet, may God bless him and grant him peace ?

There is difference of opinion in this matter.

It is narrated from ‘Umar, ‘Amir al-Sha’bi and a group (of authorities) that they are not to be given (alms) after his time, because God has honoured Islam and its people, established them firmly in the land and made the necks of others subservient to them.

Others said: Rather, they are to be given (alms) because he, Blessings and Peace be upon him, gave to such people after the Opening of Mecca [i.e. when Islam had already become established] and the Breaking of (the Tribe of) Hawazin [at Hunayn]: this was a situation where alms might be needed, so these could be diverted to them.

IMAM ABU BAKR AL-JASSAS (HANAFI) & QADI ABU BAKR IBN AL-‘ARABI (MALIKI)[2]

Imam Abu Bakr al-Jassas (305-370 H / 917-981 CE) said in his Ahkam al-Qur’an (Rulings of the Qur’an), whilst discussing the premise that alms are essentially for the poor:

If it is said that “those whose hearts were brought near” would receive alms without being poor, it would be said in reply: they would not receive it as alms; rather, alms would be collected for the poor, but some of it would be given to those whose hearts are brought near, in order to repel their harm against the poor amongst the Muslims, and that the former might submit in Islam, thus strengthening the poor amongst the Muslims. Thus, they would not receive it as alms; rather, alms were collected and used for the benefit (masalih) of the Muslims. This is because wealth given for the poor may be diverted for their benefit (masalih) if the Imam [i.e. the Caliph] rules over them and decides about matters beneficial to them (masalih).

[Summarised] Qadi Abu Bakr ibn al-‘Arabi (468-543 H / 1076-1148 CE) said in his Ahkam al-Qur’an (Rulings of the Qur’an):

THE NINTH ISSUE [regarding this verse of the Qur’an]

About “those whose hearts are brought near,” there are four views:

  1. They were given alms because of the weakness of their certainty, until this became strong. Those who said that they were Muslims, cited the examples of Abu Sufyan bin Harb, Aqra’ bin Habis and ‘Abbas bin Mirdas. Those who said that they were non-Muslims, cited the example of ‘Amir bin Tufail. Those who said that they were polytheists with an inclination towards Islam, cited the example of Safwan bin Umayyah.

  2. Yahya bin Abi Kathir named them as leaders of the following [ten] tribes or clans: Banu Umayyah, Banu Jumah, Banu ‘Amir, Banu Asad, Banu Hashim, Banu Fazarah, Banu Tamim, Banu Nasr, Banu Sulaym and Thaqif.

  3. Ibn Wahb narrated from Malik that he said: Safwan bin Umayyah, Hakim bin Hizam, Aqra’ bin Habis, ‘Uyaynah bin Badr, Suhayl bin ‘Amr and Abu Sufyan were amongst “those whose hearts were brought near,” and that on the day [of Hunayn] when Safwan was given alms, he was a polytheist.

    Asbagh said, on the authority of Ibn al-Qasim: “Those whose hearts were brought near” were Safwan bin Umayyah and certain men of Quraysh.

  4. The Shaykh Abu Ishaq named them to be forty men of the Quraysh and other tribes, including leaders and others.

THE TENTH ISSUE

There has been a difference of opinion as to whether [the category of] “those whose hearts are brought near” persisted.

Some of them said: They [i.e. this category of people] disappeared. This view was expressed by a group (of authorities), and was held by Malik.

Some said: They remain, because the Imam [i.e. the Caliph] may need to bring people near to Islam. [Caliph] ‘Umar discontinued them [i.e. this category of people] because of what he saw of the might of the religion.

My view is that if Islam is strong, this category disappears; but if such people are needed, they are given their share, just as the Messenger of God, may God bless him and grant him peace, used to give the share. For it is narrated in the Sahih (authentic hadiths): “Islam began as a stranger, and will return as a stranger, as it began.” [Sahih Muslim]

THE ELEVENTH ISSUE

If we say that this category of people has disappeared, then their share returns to all the (other) categories, or to whichever (category or categories) the Imam decides, according to the previous explanation regarding the root of the disagreement.

Zuhri said: Half of their share is to be given to those who frequent the mosques. There is no evidence for this view. The first view (mentioned above) is more correct.


[1] A hundred camels represents a lot of wealth: it is the same as the diyah (blood-money) for murder. In today’s financial terms, it would approximate up to a hundred thousand US dollars or UK pounds, or even more. (AQS)

[2] The Hanafi and Maliki schools are complementary, in the sense that they represent the schools of Reason (Ahl al-Ra’y) and Tradition (Ahl al-Hadith) respectively. A holistic approach to the Sunnah combines these complementary approaches, as per Imam Shatibi (cf. Al-Shanqiti, On Madhhabs & Taqlid, AQS, 1445/2023)

DO WE FOLLOW THE AUTHENTIC HADITH, OR THE CONTRARY VIEWS OF IMAM, ABOUT FASTING SIX DAYS OF SHAWWAL, THE MONTH THAT FOLLOWS RAMADAN ?

April 11, 2024

Imam Nawawi said in his Commentary upon the hadith of Sahih Muslim about fasting the six days of Shawwal:

“In it is a clear indication to support the position of Shafi’i, Ahmad, Dawud and those who agreed with them in recommending the fasting of these six days. Malik and Abu Hanifah said that it is disliked. Malik said in al-Muwatta’ , ‘I never saw any of the people of knowledge fasting these days … They said: It is disliked, in case people think it is obligatory.’ The evidence of Shafi’i and those who agree with him is this clear, authentic hadith: if the Sunnah is established, it is not to be abandoned because some people abandon it, and not even if most or all of them abandon it. Their saying, ‘in case people think it is obligatory’ is disproven by the fast of ‘Arafah, ‘Ashura and other recommended fasts.”

Shaykh Muhammad al-Amin al-Shanqiti said:

There is no doubt that in the compiled Madhhab of Imam Malik, there are derived rulings (furu’) that oppose some texts of the revelation. It is apparent that some of these texts did not reach him, may Allah have mercy upon him: had they reached him, he would have acted upon them. Other texts did reach him, but he chose not to act upon them due to another indication that he believed was stronger evidence.

An example of a text not reaching him is the hadith about fasting six days of Shawwal, after the fast of Ramadan. He, may Allah have mercy upon him, said in his Muwatta’ (The Well-Trodden Path),

“Truly, I never saw any of the people of knowledge and understanding fasting these days, and nothing has reached me regarding this on the authority of the predecessors (Salaf). The people of knowledge dislike this practice and fear that it is an innovation, and that ignorant and coarse people will add to Ramadan what is not part of it if they see the people of knowledge allowing it and practising it.”

Here, Malik says explicitly that fasting six days of Shawwal reached him neither on the authority of the Prophet, nor on that of any of the Salaf. There is no doubt that had encouragement from the Prophet, may Allah bless him and grant him peace, to fast these days reached him, he would have fasted them and recommended others to fast them – it goes without saying that he would not have disliked the practice. This is because Malik would not have doubted that the Prophet, may Allah bless him and grant him peace, was more kind and merciful towards the community than he was, for Allah has described the Prophet in the Qur’an as being kind and merciful.

If fasting those six days necessitated the problem because of which Malik disliked the practice, the Prophet would not have encouraged it and he would have considered the problem that Malik identified. But the Prophet, may Allah bless him and grant him peace, avoided and dismissed the problem because he knew that the month of Ramadan is too well-known to be confused with any of Shawwal. This is similar to the recommended prayers before and after the obligatory prayers: none of the people of knowledge ever disliked them for fear that the ignorant would add to the obligatory prayers. This is due to the five compulsory prayers being well-known and not confused with others.

Anyhow, it is not for any Imam to say that a matter that has been approved by the Prophet, may Allah bless him and grant him peace, is disliked for fear of the ignorant thinking that it is obligatory. Fasting of the aforementioned six days, and the Prophet’s encouragement of this, is established authentically from him. The hadith was transmitted by Ahmad, Muslim, Abu Dawud, Tirmidhi and Ibn Majah via several Companions, including Thawban, Jabir, Ibn ‘Abbas, Abu Hurayrah and Bara’ bin ‘Azib, as explained by [Imam Shawkani,] the author of Nayl al-Awtar.

(Shaykh Muhammad al-Amin al-Shanqiti, Lights of Eloquence: Commentary on Qur’an, Surah Muhammad, 47:24)

NB: Both the Hafiz Ibn ‘Abdul Barr and Imam Nawawi, leading Hadith scholars from the Maliki and Shafi’i schools of jurisprudence respectively, approved fasting six days of Shawwal due to the authentic hadith, and preferred this over the view of Imam Malik.

On Following Madhhabs – Shaykh Muhammad al-Amin al-Shanqiti

September 16, 2023

CONTEMPLATING THE QUR’AN

FOLLOWING THE QUR’AN AND SUNNAH:
BENEFITING FROM THE MADHHABS HOLISTICALLY
AND NOT FOLLOWING ONE MADHHAB RIGIDLY

Shaykh Muhammad al-Amin al-Shanqiti

An abridged translation of the author’s tafsir of
an ayah of the Qur’an (Surah Muhammad, 47:24)
from his Adwa’ al-Bayan (Lights of Eloquence)

with an

INTRODUCTION

by

Shaykh Suhaib Hasan

1st Rabi’ al-Awwal 1445 H / 16th September 2023

© Al-Qur’an Society, 1445 H / 2023 CE – All rights reserved.

Contemplating the Qur’an is a treatise on following the Qur’an and the Sunnah, benefiting from the codified Madhhabs holistically whilst not following any one Madhhab rigidly or blindly, by Shaykh Muhammad al-Amin al-Shanqiti (1325-1393 H / 1907-1973 CE) of Mauritania and Saudi Arabia, one of the greatest authorities on the Qur’an of the 20th century CE and the 14th Islamic century. The treatise is an abridged translation of the author’s tafsir of an ayah of the Qur’an (Surah Muhammad, 47:24) from his monumental tafsir, Adwa’ al-Bayan (Lights of Eloquence).

In this treatise, the author covers the following topics:

  • Muslims must contemplate the Qur’an, learn it, understand it and act by it
  • There is no basis for those who say that the above is only for the mujtahids 
  • A muqallid is not an ‘alim: a follower of opinions does not have knowledge
  • Saying that we cannot follow the Qur’an and Sunnah but must follow the codified Madhhabs, is one of the greatest falsehoods
  • A critique of Sawi’s view that holding to the apparent meanings of the Book and the Sunnah is one of the principles of kufr (blasphemy)
  • On Ijtihad, Taqlid and Madhhab; permissible and impermissible taqlid

He concludes with eleven “Important Notes About This Issue,” including:

the Four Imams were united in forbidding their blind taqlid;

Haram/Halal cannot be stated on the basis of taqlid;

the difference between taqlid & ittiba’;

our stance towards the Imams;

every Imam has been criticized for going against the Sunnah in particular matters (with examples);

muqallids must distinguish between their Imam’s actual views and those added to his Madhhab after him;

it is impermissible for a Muslim to believe that the era of ijtihad is closed, and that only four Madhhabs must be followed;

turning away from the Qur’an and Sunnah in favour of the Four Madhhabs is one of the greatest problems that has beset Muslims over recent centuries.

We have added five important Appendices.

Firstly, an earlier, concise fatwa from the Shaykh about following Madhhabs, given in 1385 H (1964/5 CE). The Shaykh moved on from this fatwa somewhat, but we include it for the sake of integrity.

Secondly, we mention the Shaykh’s broadening out from his basis of the Maliki Madhhab after becoming exposed in Mecca and Medina to diverse views and schools from around the Muslim world.

Thirdly, we correct a contemporary misquote from Imam Ibn al-Qayyim, whom the Shaykh quotes extensively in his full discussion.

The misquote attempts to portray Ibn al-Qayyim as saying the opposite of his actual position, so we are happy to set the record straight.

Fourthly, we show how Imam Shatibi also presented a holistic approach to the Madhhabs.

Finally, we include Zamakhshari’s classic, educational and entertaining poem about Madhhabi sectarianism.

Modern Islamic Warfare Ethics

November 10, 2019

Modern Islamic Warfare Ethics

[Bismillah.  Part of the conclusion to Usama Hasan & Salah al-Ansari’s Tackling Terror: A Rebuttal of ISIS’ Fiqh al-Dima’  or Jurisprudence of Blood (Quilliam, 2018), consisting of 13 aspects of modern, Islamic warfare ethics as discussed by 20th-21st century Muslim jurists.]

During the course of this study, we have been able to demonstrate that ISIS’ warfare ethics are often medieval. We have also countered their positions by pointing out the balanced positions of mainstream scholars that effectively constitute modern Islamic warfare ethics. We summarise those here, as a positive alternative to ISIS’ medieval barbarism.

1.  Warfare can only be waged legitimately by modern nation-states.

2.  Peace is the default, basic norm governing international relations.

3.  War is only permitted for self-defence or to remove persecution in accordance with international law, not to coerce others into Islam.

4.  Suicide is prohibited, according to Islamic ethics. Suicide attacks are unethical, inhuman and un-Islamic.

5.  Islamic warfare ethics have always distinguished between combatants and non-combatants. Modern interpretations agree with the Geneva Conventions on legitimate targets in warfare.

6.  Weapons of mass destruction, including nuclear, biological and chemical weapons, and “scorched earth” operations including the killing of animals, are prohibited by Islamic warfare ethics.

7.  The kidnapping of civilians is not permitted in Islam and contravenes basic human rights and the Geneva Conventions, to which Muslim-majority states have generally signed up.

8.  Mutilation and decapitations (beheading) are prohibited; this prohibition of mutilation also includes the harvesting of organs for sale or trafficking.

9.  In a nation-state where the citizens are equal before the law, the army is composed of personnel whose loyalty to one another lies not in their religious affiliation but in their shared sense of obligation and citizenship.

10.  There is no harm in any state recruiting anyone who is eligible to work in the army; and, moreover, that no impediments should be made because of a citizen’s religious beliefs. Equally, there is no harm in a state going into an alliance with foreign forces if it is believed that this will achieve the best interests of their nation.

11.  There is great similarity between modern Islamic morality and humanitarian international law. The two moral frameworks agree that espionage is a punishable crime but that the punishment varies from one country to another. International law gives a special status to combatant spies. According to The Hague Regulations (1899), Article 31 provides that: a spy who, after re-joining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war. Moreover, they are to incur no further punishment for their previous acts of espionage. This is consistent with the modern adapted principles of the sharia.

12.  The Geneva Conventions on prisoners of war (POWs) are in harmony with the Islamic tradition of warfare ethics.

13.  Military retreat, surrender and other strategies are acceptable, depending on pragmatism; there is no religious requirement to “fight to the death.”

TEN TRUTHS ABOUT JIHAD

November 10, 2019

With the Name of God, All-Merciful, Most Merciful

 

TEN TRUTHS ABOUT JIHAD

 

Bismillah. During the Islamic lunar month of Rabi’ al-Awwal [originally, the “first month of spring”], when the Prophet Muhammad, peace be upon him, was born and died, thus fulfilling an ancient Jewish or Israelite prophecy about the Prophets being born and dying on the same date, thus completing a cosmic cycle, I am moved to republish this article that I wrote in 2017, since the Prophet and his name continues to be praised and vilified around the world.  I suggest that it may be useful as a basis for Friday sermons (Jumu’ah / Jumma khutbahs) about Jihad, for those who agree with this content.

Within those last two years, some more things have happened:

(1) I was reminded that there are narrations in the Sirah tradition saying that the Prophet’s birth name was not Muhammad, but Qutham, and that Muhammad (“The Oft-Praised One”) was a title given to him later.  If these are true, then “Muhammad” would be much like “Christ” or “Buddha,” i.e. a title originally, not a name, although of course many titles become names later, and vice-versa, as with Caesar.

(2) Sheikh Hamza Yusuf Hanson recommended to me the book by Juan Cole, Muhammad: Prophet of Peace Amid the Clash of Empires (Hachette USA, 2018).  I’ve read a few chapters, and it is a very interesting read.  And it tends to confirm my own conclusions that I wrote on 1st August 2017 for the Muslim Reform Movement, and that are republished here as: Ten Truths About Jihad.  In particular, see the quote from Ibn Sa’d via Ibn al-Qayyim on the context of Qur’an, Repentance, 9:29, that appears to be the most militant verse in the Qur’an, but the context again suggests a meaning of self-defence!

(3) A modified version of this article was included by me and my friend, Sheikh Dr Salah al-Ansari al-Azhari in our Tackling Terror (Quilliam, 2018), a rebuttal of ISIS’ Fiqh al-Dima’ or Jurisprudence of Blood.

(4) I also discussed some of this with Prof. Rabbi Dan Cohn-Sherbok and Dr. George Chryssides in our chapter on “War and Peace” in our People of the Book – How Jews, Christians and Muslims Understand Their Sacred Scriptures (Jessica Kingsley Publishers, 2018)

But here we are, back to my original article [with a few additions in square brackets]:

 

TEN TRUTHS ABOUT JIHAD

With the Name of God, All-Merciful, Most Merciful

[Note: the Meccan period of the Prophet’s mission represented peaceful preaching under persecution; the Medinan period represented city-state-power and included war. Hence the reference to Meccan & Medinan verses, to understand context.]

 

  1. THE ESSENTIAL QUR’ANIC TEACHING ABOUT JIHAD IS THAT IT IS A LIFELONG, NONVIOLENT STRUGGLE FOR GOODNESS, JUSTICE AND TRUTH AGAINST EVIL, INJUSTICE AND FALSEHOOD

The essential Qur’anic teaching about Jihad is that it is a non-violent struggle for goodness of all kinds, and against evil of all types.  This is clear from the following Meccan verses of the Qur’an:

“Struggle in God, as the struggle (jihad) deserves …” (Pilgrimage 22:78); and

“Obey not the concealers (of truth), and struggle against them with it (the Qur’an): a great struggle (jihad).” (The Criterion 25:52)

 

  1. DURING HIS 13 YEARS’ MISSION IN MECCA, THE PROPHET AND HIS FOLLOWERS WERE SUBJECTED TO PERSECUTION, BUT WERE ORDERED TO REMAIN PATIENT & NONVIOLENT

This is clear from verses such as the following:

“Withhold your hands (from violence in self-defence): establish prayer and give in charity” (Women 4:77)

Note that during this time, the Prophet’s followers were persecuted, tortured and killed. He himself was the subject of assassination attempts and plots (Spoils of War 8:30), but the Muslim response remained peaceful and nonviolent.

 

  1. DURING THE PROPHET’S 10-YEAR MISSION IN MEDINA, MILITARY JIHAD IN SELF-DEFENCE WAS EVENTUALLY PERMITTED

This is clear from Medinan verses such as the following:

“Permission has been given to those who were fought (to fight back), because they have been oppressed … those who were unjustly expelled from their homes, only for saying: ‘Our Lord is God’.” (Pilgrimage 22:39-40)

“Fight, in the way of God, those who fight you, and transgress not: truly, God does not love transgressors.” (The Heifer 2:190)

 

  1. MILITARY JIHAD MAY ONLY BE DECLARED BY A LEGITIMATE AUTHORITY

An example of such an authority was the Prophet Muhammad, undisputed leader of the city-state of Medina – see the Medina Charter, an agreement between the Prophet and the non-Muslim, largely Jewish, tribes of Medina, for clauses relating to mutual defence of Medina against external aggression.

Several Qur’anic verses that speak of fighting and concluding peace are addressed in the singular to the Prophet, e.g. Women 4:84 and Spoils of War 8:61. This is because only he, as the legitimate ruler of the city-state of Medina, had the authority to declare a state of war or peace.

Throughout the centuries of Islamic jurisprudence on warfare ethics, the jurists have agreed that only a legitimate authority can declare a state of war or military jihad. In modern times, this means that only legitimate states have the authority to declare a state of war or military jihad: vigilante or non-state actors such as terrorist groups have no Islamic authority whatsoever to issue a call to arms in the name of jihad. This is why we stated in the Muslim Reform Movement Declaration that “we reject violent jihad.” [i.e. by non-state actors]

 

  1. EVEN THE MOST APPARENTLY-BELLIGERENT VERSES ABOUT JIHAD ARE IN SELF-DEFENCE

For example, the eighth and ninth surahs or chapters of the Qur’an, al-Anfal (Spoils of War) and al-Tawbah (Repentance):

In Surah al-Anfal, the command to “Prepare against them your strength to the utmost …” is followed by the exhortation to accept overtures of peace from the enemy: “If they incline towards peace, then also incline towards it, and trust in God.” (Spoils of War 8:60-61)

Thus, the preparation of utmost strength is largely a deterrent, to encourage any enemies to sue for peace.

In Surah al-Tawbah, the command to “Fight them: God will punish them at your hands …” was preceded by the cause: “They violated their oaths and … attacked you first.” (Repentance, 9:12-15)

Thus, as in The Heifer 2:190 and Pilgrimage 22:39, fighting was ordered in self-defence. Note that in the Medinan era, the pagan, polytheistic Meccan armies attacked the Muslims in Medina several times, aiming to wipe the latter out, e.g. at the Battles of Uhud and the Trench. Thus, the Prophet and the Muslims in Medina were utterly justified in waging military jihad to protect themselves. The numerous Qur’anic verses dealing with military jihad against the Meccan polytheists must be understood in this context.

Finally, the verse of jizya (Repentance 9:29) was revealed when the Byzantines and their allies under Emperor Heraclius threatened the northern regions of Islamic Arabia from Syria, resulting in the Tabuk expedition that ended without any fighting.[1]

The jizya protection- and poll-tax, the name itself deriving from Persian [according to a narration by Imam al-Qurtubi under 9:29], was always a political tax, not religious. This is evident in the fact that some Islamic jurists later advised Muslims under the Reconquista in Andalusia to pay jizya to their Christian conquerors. Furthermore, the Ottoman Caliph abolished the jizya and the associated category of dhimma in the mid-19th century CE, with the agreement of his most senior Islamic scholars, recognising that it was no longer relevant to the modern world of the time.[2]

Thus, although early Muslim armies did take part in expansionist campaigns, at least partly motivated by the war strategem that ‘Offence is the best form of defence’, Muslim authorities, both political and religious, have recognised for at least two centuries that this kind of military jihad has no place in the modern world that is governed by treaties, peace agreements and international collaboration.

 

  1. MILITARY JIHAD WAS ALSO LEGISLATED TO PROTECT & PROMOTE RELIGIOUS FREEDOM

This is clear from the following Qur’anic verse:

“Permission has been given to those who were fought (to fight back), because they have been oppressed … those who were unjustly expelled from their homes, only for saying: ‘Our Lord is God’.

And were God not to check some people by means of others, then monasteries, churches, synagogues and mosques, where God’s name is mentioned often, would surely be demolished.” (Pilgrimage 22:39-40)

Thus, military Jihad was also legislated to protect the religious freedom of Muslims, Jews and Christians, according to the explicit text of the Qur’an. Muhammad bin Qasim, the 8th-century CE Muslim commander who first brought Islam to India, extended this religious protection to Zoroastrian and Hindu temples.[3]

Note that this religious protection also originally extended to the idolatrous polytheists of Mecca and Medina – the latter were included in the Medina Charter, and both were covered by the Qur’anic dictum, “To you, your religion: to me, my religion.” (The Concealers of Truth, 109:6) It was only when the Meccan polytheists refused to be peaceful and violently persecuted the Muslims, attempting genocide, that they were fought. Even then, the Hudaybiya peace treaty was concluded with them later.

 

  1. MILITARY JIHAD WAS ALWAYS CONDITIONED BY STRONG ETHICAL RESTRICTIONS

Numerous hadiths speak of the obligation of avoiding the killing of women, children, old people, peasants, monks and others in war – in the 7th-century CE, these were advanced, civilised teachings. Further hadiths forbid the chopping down of trees, burning of orchards or poisoning wells or other water supplies as part of war tactics. These teachings may be seen as Islamic forerunners of modern warfare ethics, such as the Geneva Conventions, that are also Islamic in spirit and must be seen as binding upon Muslims worldwide.

The 12th-13th century CE Andalusian philosopher and jurist, Ibn Rushd (Averroes), in his short ‘Book of Jihad’, part of his Bidayat al-Mujtahid (available in English as ‘The Distinguished Jurist’s Primer‘), discusses ten issues related to the philosophy and ethics of war or military jihad. Thus, Islam has a long tradition of warfare ethics.

 

  1. TO REITERATE, JIHAD IS A STRUGGLE FOR GOOD AGAINST EVIL

This may take many forms: jihad bil-mal is charitable spending; jihad bil-lisan is speaking truth or goodness against evil and injustice. Thus, all forms of social, intellectual and political struggle with noble aims are a type of jihad, in traditional Islamic terminology.  An example of this is the hadith or Prophet’s teaching, “The best jihad is to speak a word of truth before a tyrant ruler.”

However, this teaching does not privilege so-called ‘Islamic political parties’ or islamist groups that wrongly claim to monopolise interpretations of Islam in the social and political realms.

Jihad is a universal struggle for good against evil. The verse, “Struggle in God, as the struggle (jihad) deserves …” (Pilgrimage 22:78) also includes the teachings, “… This is the path of your father Abraham … Establish prayer, give charity and hold to God: He is your Protector  …”

 

  1. THE OUTER JIHAD IS ALWAYS UNDERPINNED BY INNER JIHAD

Inner jihad or jihad al-nafs (struggle against the self’s base desires) has always been understood as a prerequisite for taking part in the outer jihad, or struggle for goodness and truth in the world.

This is reflected in the Qur’anic promise of heaven to whoever fears standing before God and “forbids their self from base desires” (The Snatchers 79:40-41). Furthermore, a hadith states, “The true mujahid (holy warrior) is the one who struggles against their own self for the sake of God.”

Ibrahim bin Abi Ablah, an early ascetic of Islam, once remarked after a military expedition, “We have returned from the lesser jihad to the greater jihad,” i.e. from the lesser, military jihad to the greater jihad of lifelong struggle against evil. This teaching was also attributed to the Prophet himself and widely favoured by the Sufis, who were keen to preserve the spiritual dimensions of Islam during the early centuries of astonishing Islamic military conquests and worldly success. [Although many Hadith scholars did not accept this as a saying of the Prophet, they accepted its meaning, since it came from someone regarded as a holy main or saint (wali). Such scholars include Ibn Hajar al-‘Asqalani.]

 

  1. JIHAD TODAY

As shown above, Islamic teachings about jihad are essentially spiritual and non-violent. All charitable efforts or struggles by Muslims today for goodness, truth and justice against evil and injustice may be termed jihad. For example, the Prophet termed “struggling to help widows and orphans” and “struggling to serve elderly parents” as types of jihad. [Sound hadiths of Bukhari & Muslim, etc.]

Armed or military jihad is the strict preserve of legitimate authority such as modern nation-states engaging in ethical warfare: this is why the Muslim Reform Movement firmly rejects ‘violent jihad’ carried out by non-state actors or vigilante groups such as terrorist organisations.

What we really need is a jihad for universal human rights, dignity, equality, peace and justice, tempered by the mercy and compassion that are the essential spirit of Islam and the Qur’an.

 

Imam Dr Usama Hasan (briefly an armed mujahid alongside the anti-communist mujahideen in Afghanistan, 1990-1)

London, UK, 1st August 2017

Modified & republished: 10th November 2019 / 12th Rabi’ al-Awwal 1441

 

NOTES:

 

[1] Ibn Sa’d said, “It reached the Messenger of God, may God bless him and grant him peace, that the Romans [Byzantines] had gathered large multitudes in Syria, and that Heraclius had prepared provision for his men for a year. He had brought with him the tribes of Lakhm, Judham, ‘Amilah and Ghassan. They had sent an advance party to al-Balqa’.” – cf. Ibn al-Qayyim, Zad al-Ma’ad, Al-Matba’ah al-Misriyyah wa Maktabatuha, n.d., vol. 3, p. 2

[2] cf. Usama Hasan, From Dhimmitude to Democracy, Quilliam, 2015

[3] Al-Baladhuri, as quoted by Ihsanoglu. cf. Usama Hasan, From Dhimmitude to Democracy, Quilliam, 2015, p. 26

 

UK Ramadan fasting times for 2017

May 22, 2017

Bismillah. As I’ve written about before, there are different views on excessive fasting hours in the summer at high latitudes such as the UK. I am not going to repeat those, but try to provide the scientific, astronomical data, information and knowledge to help support others to come to their own conclusions.

In this post, I give the dawn, sunset & possible fasting times for 2017, when mid-summer occurs towards the end of Ramadan: the average fasting times are slightly shorter than last year (2016), when they were maximum in the 33-year lunar/solar cycle, but not by much.

*I urge mosque timekeepers (muwaqqits) or others who develop fasting timetables to be transparent about the method they are using, and not vague references like “fiqh according to Madhhab X” because there are many views in every Madhhab. E.g. using an 18-degree or even 15-degree rule gives no timings for most of the UK. Fasting timetables in the UK summer should clearly state what method is used to arrive at the beginning time of fasting. Many timetables have excessive gaps between ‘dawn’ and sunrise of 2-3 hours with no sensible justification, since this is merely one possibility amongst many others and is indeed the most difficult for people. Indeed, with the summer midnight being at 1am BST, some of these timetables are forcing people to fast from soon after midnight. With the sunset-sunrise night length being 6-8 hours across the UK, the most reasonable view within this paradigm in my view is that of the last 1/6th, 1/7th or 1/8th of the night, giving a fasting time beginning an hour before dawn. However, other approaches are even more preferable. Over to others for discussion and to arrive at their own conclusions.*

Examples of dawn/sunset timings for the UK, 2017 (four UK capital cities)

This data is taken from HMNAO’s Websurf 2.0 website, and was reproduced with permission by the ASCL in their Ramadan 2017 guidelines. I have used the four UK capital cities, with three dates for each, roughly corresponding to the beginning, middle & end of Ramadan.

Date City Dawn (AST) Dawn (15D) Dawn (NAUT) Sunrise Sunset Fasting length (AST) Fasting length (15D) Fasting length (NAUT)
27 May London *** 0220 0305 0454 2103 *** 18:43 17:58
10 June   *** 0139 0245 0444 2117 *** 19:38 18:32
25 June   *** 0122 0243 0444 2122 *** 20:00 18:39
27 May Ed’burgh *** *** 0201 0441 2140 *** *** 19:39
10 June   *** *** *** 0428 2157 *** *** ***
25 June   *** *** *** 0428 2203 *** *** ***
27 May Cardiff *** 0232 0318 0506 2115 *** 18:43 17:57
10 June   *** 0152 0257 0456 2129 *** 19:36 18:32
25 June   *** 0136 0255 0457 2134 *** 19:58 18:39
27 May Belfast *** *** 0245 0500 2143 *** *** 18:58
10 June   *** *** 0159 0448 2158 *** *** 19:59
25 June   *** *** 0134 0448 2204 *** *** 20:30


AST
refers to astronomical twilight, when begins or ends when the sun is 18 degrees below the horizonKey:

15D refers to when the sun is 15 degrees below the horizon

NAUT refers to nautical twilight, when begins or ends when the sun is 12 degrees below the horizon

The astronomical definition of “dawn” is disputed, with various Muslim religious authorities adopting one of the three possible definitions given above.

*** in the above table means that the timing is not available, because the sun does not reach that far below the horizon. This happens every year during the summer at high latitudes, such as the UK.

 

NOTES:

  1. As confirmed by HMNAO, there is always a possible error of 1-2 minutes in sunrise and sunset timings: although we can calculate exactly the position of the sun relative to our horizons, refraction of the sun’s rays can introduce an error: the sun may be below the horizon but we see it just above, due to refraction.  (This does not always happen, of course: hence the error will be zero, one or two minutes.) This means that technically, mosque prayer timetables may wish to add 2 minutes to sunset timings and subtract 2 minutes from sunrise timings, just to be safe about the timings of the sunset and dawn prayers, and for breaking the fast.  However, this might also be hair-splitting: I recommend making these adjustments, but would not worry if they are not made.
  2. If we use astronomical twilight (Sun’s depression = 18 degrees) as the start of dawn, this does not occur at all during Ramadan 2017 in any of the four capital cities. Therefore, the fasting start time and fasting length would be undefined.
  3. If we use (Sun’s depression = 15 degrees) as the start of dawn, this does not occur at all during Ramadan 2017 in Edinburgh or Belfast. Therefore, the fasting start time and fasting length would be undefined in those cities. However, it does occur in London and Cardiff, giving fasting lengths of 19.5-20 hours during the month.
  4. If we use nautical twilight (Sun’s depression = 12 degrees) as the start of dawn, this results in fasting hours during Ramadan 2017 in London and Cardiff of 18-19 hours, and in Belfast of 19-20.5 hours. We only get defined fasting hours at the beginning of Ramadan for Edinburgh, of 19.5-20 hours.
  5. Hence, it should be obvious that some ijtihad is required, eg a fraction of the night or a lower angle of the Sun below the horizon to designate the “beginning” of dawn. Another option is sunrise-sunset fasting rather than dawn-sunset, as done by some of the Sahaba (Tafsir Ibn Kathir & Ibn Hazm’s Al-Muhalla), or other, non-literalist options that I have described elsewhere.

NB: Our local latitude determines the lowest angle the Sun will dip below the horizon at mid-summer (~22 June). This angle can easily be calculated by subtracting 66.5 degrees (the latitude of the Arctic & Antarctic Circles) from the local latitude.

E.g.:

Within the Arctic Circle (66.5 deg or higher latitude), lowest Sun angle = zero or higher: the sun doesn’t set at all in the “land of the midnight sun.”

Edinburgh (56.0 deg lat): lowest Sun angle at midsummer = 56.0 – 66.5 = 10.5 deg below the horizon

Belfast (54.6 deg lat): lowest Sun angle at midsummer = 54.6 – 66.5 = 11.9 deg below the horizon

London & Cardiff (both 51.5 deg lat): lowest Sun angle at midsummer = 51.5 – 66.5 = 15 deg below the horizon

*NB: even using these angles of 10.5 deg, ~12 deg, 15 deg & 15 deg for Edinburgh, Belfast, London & Cardiff respectively will give very long fasting hours, as the table of timings above demonstrates.

Btw for Paris (48.9 deg lat): lowest Sun angle at midsummer = 48.9 – 66.5 = 17.6 deg below the horizon, so using the 18-degree rule gives no timings for Paris or anywhere north of it either at midsummer.

Have a blessed Ramadan 1438 / 2017!

Usama Hasan, Fellow of the Royal Astronomical Society, UK

UK Ramadan fasting times for last year (2016)

May 22, 2017

Bismillah. As I’ve written about before, there are different views on excessive fasting hours in the summer at high latitudes such as the UK. I am not going to repeat those, but try to provide the scientific, astronomical data, information and knowledge to help support others to come to their own conclusions.

In the first of these posts, I am including the dawn, sunset & possible fasting times from last year (2016) because then, mid-Ramadan coincided with mid-summer, hence giving the longest average fasting lengths in the 33-year cycle as the lunar years move through solar years.

Examples of dawn/sunset timings for the UK, 2016
(four UK capital cities)

This data is taken from HMNAO’s Websurf 2.0 website, and was reproduced with permission by the ASCL in their Ramadan 2016 guidelines. I have used the four UK capital cities, with three dates for each, roughly corresponding to: beginning, middle & end of Ramadan.

Date City Dawn (AST) Dawn (15D) Dawn (NAUT) Sunrise Sunset Fasting length (AST) Fasting length (15D) Fasting length (NAUT)
07 June London *** 0147 0248 0445 2114 *** 19:27 18:26
22 June (midsummer)   *** 0117 0241 0443 2122 *** 20:05 18:41
06 July   *** 0156 0256 0452 2118 *** 19:22 18:22
07 June Ed’burgh *** *** *** 0429 2154 *** *** ***
22 June (midsummer)   *** *** *** 0427 2203 *** *** ***
06 July   *** *** *** 0437 2158 *** *** ***
07 June Cardiff *** 0159 0300 0457 2126 *** 19:27 18:26
22 June (midsummer)   *** 0131 0254 0456 2134 *** 20:03 18:40
06 July   *** 0209 0308 0504 2130 *** 19:21 18:22
07 June Belfast *** *** 0209 0450 2156 *** *** 19:47
22 June (midsummer)   *** *** *** 0447 2204 *** *** ***
06 July   *** *** 0219 0457 2200 *** *** 19:41

Key:

AST refers to astronomical twilight, when begins or ends when the sun is 18 degrees below the horizon

15D refers to when the sun is 15 degrees below the horizon

NAUT refers to nautical twilight, when begins or ends when the sun is 12 degrees below the horizon

The astronomical definition of “dawn” is disputed, with various Muslim religious authorities adopting one of the three possible definitions given above.

*** in the above table means that the timing is not available, because the sun does not reach that far below the horizon. This happens every year during the summer at high latitudes, such as the UK.

 

NOTES:

  1. As confirmed by HMNAO, there is always a possible error of 1-2 minutes in sunrise and sunset timings: although we can calculate exactly the position of the sun relative to our horizons, refraction of the sun’s rays can introduce an error: the sun may be below the horizon but we see it just above, due to refraction.  (This does not always happen, of course: hence the error will be zero, one or two minutes.) This means that technically, mosque prayer timetables may wish to add 2 minutes to sunset timings and subtract 2 minutes from sunrise timings, just to be safe about the timings of the sunset and dawn prayers, and for breaking the fast.  However, this might also be hair-splitting: I recommend making these adjustments, but would not worry if they are not made.
  2. If we use astronomical twilight (Sun’s depression = 18 degrees) as the start of dawn, this did not occur at all during Ramadan 2016 in any of the four capital cities. Therefore, the fasting start time and fasting length were undefined.
  3. If we use (Sun’s depression = 15 degrees) as the start of dawn, this did not occur at all during Ramadan 2017 in Edinburgh or Belfast. Therefore, the fasting start time and fasting length were undefined in those cities. However, it did occur in London and Cardiff, giving fasting lengths of 19.5-20 hours during the month.
  4. If we use nautical twilight (Sun’s depression = 12 degrees) as the start of dawn, this resulted in fasting hours during Ramadan 2016 in London and Cardiff of ~18.5 hours, and in Belfast of just under 20 hours at the beginning and end of Ramadan, but not in mid-Ramadan (mid-summer). We had no defined fasting hours throughout Ramadan 2016 for Edinburgh.
  5. Hence, it should be obvious that some ijtihad is required, eg a fraction of the night or a lower angle of the Sun below the horizon to designate the “beginning” of dawn.

NB: Our local latitude determines the lowest angle the Sun will dip below the horizon at mid-summer (~22 June). This angle can easily be calculated by subtracting 66.5 degrees (the latitude of the Arctic & Antarctic Circles) from the local latitude.

E.g.:

Within the Arctic Circle (66.5 deg or higher latitude), lowest Sun angle = zero or higher: the sun doesn’t set at all in the “land of the midnight sun.”

Edinburgh (56.0 deg lat): lowest Sun angle at midsummer = 56.0 – 66.5 = 10.5 deg below the horizon

Belfast (54.6 deg lat): lowest Sun angle at midsummer = 54.6 – 66.5 = 11.9 deg below the horizon

London & Cardiff (both 51.5 deg lat): lowest Sun angle at midsummer = 51.5 – 66.5 = 15 deg below the horizon

*NB: even using these angles of 10.5 deg, ~12 deg, 15 deg & 15 deg for Edinburgh, Belfast, London & Cardiff respectively will give very long fasting hours, as the table of timings above demonstrates.

Btw for Paris (48.9 deg lat): lowest Sun angle at midsummer = 48.9 – 66.5 = 17.6 deg below the horizon, so using the 18-degree rule gave no timings for Paris or anywhere north of it either, at midsummer.

Usama Hasan, Fellow of the Royal Astronomical Society, UK

Ibn ‘Ashur’s Discussion of the Hadith Cursing Women Who Wear Wigs, Tattoos, Etc.

July 25, 2016

Bismillah.  Many people think that tattoos are absolutely prohibited (haram) in Islam due to a particular hadith. The following discussion from Ibn ‘Ashur shows that this is not the case.

Ibn ‘Ashur’s Discussion of the Hadith Cursing Women Who Wear Wigs, Tattoos, Etc.

 

Translation: Usama Hasan, 25/07/2016

 

(1) al-Tahrir wa al-Tanwir

 

وليس من تغيير خلق الله التصرّف في المخلوقات بما أذن الله فيه ولا ما يدخل في معنى الحسن؛ فإنّ الختان من تغيير خلق الله ولكنّه لفوائد صحيّة، وكذلك حَلق الشعر لفائدة دفع بعض الأضرار، وتقليمُ الأظفار لفائدة تيسير العمل بالأيدي، وكذلك ثقب الآذان للنساء لوضع الأقراط والتزيّن، وأمّا ما ورد في السنّة من لعن الواصلات والمتنمّصات والمتفلّجات للحسن فممّا أشكل تأويله. وأحسب تأويله أنّ الغرض منه النهي عن سمات كانت تعدّ من سمات العواهر في ذلك العهد، أو من سمات المشركات، وإلاّ فلو فرضنا هذه مَنهيّاً عنها لَما بلغ النهي إلى حدّ لَعن فاعلات ذلك. وملاك الأمر أن تغيير خلق الله إنّما يكون إنما إذا كان فيه حظّ من طاعة الشيطان، بأن يجعل علامة لِنحلة شيطانية، كما هو سياق الآية واتّصال الحديث بها. وقد أوضحنا ذلك في كتابي المسمّى: النظر الفسيح على مشكل الجامع الصحيح .

 

(Tafsir or Qur’an-commentary of: {ولأضلنهم ولأمنينهم ولآمرنهم فليبتكن آذان الأنعام ولآمرنهم فليغيرنَّ خلق الله}

 

[Satan says: I will misguide them, and give them false hopes; I will instruct them and they will surely cut the ears of cattle; I will instruct them and they will surely change the creation of God, al-Nisa’, 4:121])

 

 

 

Ibn ‘Ashur says:

 

Modifying creation, in ways that God has allowed, or in beautification, is not included in “changing the creation of God.” For example: circumcision changes the creation of God but is done for health benefits; shaving the hair gives the benefit of preventing some harms; clipping the nails is for the benefit of facilitating manual work; ear-piercing for women is for adornment with ear-rings, etc.

 

As for what is narrated in the Sunnah of cursing women who use false hair and wigs, pluck their eyebrows [to thin them] or widen the gaps in their teeth, all for the sake of beauty, this is one of the difficult matters for interpretation (ta’wil). [Translator’s note: some versions of this hadith also mention women who have tattoos on their bodies.] I think its interpretation (ta’wil) is that its purpose is to forbid characteristics that were regarded as those of prostitutes or idolatrous, polytheistic women in that era. Otherwise, even if we regard these as (still) being forbidden, the forbiddance would not reach the extent of cursing the women who do so.

 

In short, “changing the creation of God” only applies where there is an element of obeying Satan by placing a symbol of a Satanic quality, as is the context of the verse and its link with the hadith. We have explained this clearly in my book, al-Nazar al-Fasih ‘ala mushkil al-Jami’ al-Sahih (A Broad Analysis of the Difficulties of [al-Bukhari’s] Authentic Collection).

 


 

(2) Maqasid al-Sharia

 

 

 

Maqasid al-Shari’a (3/268-9; Wizarah al-Awqaf al-Qatariyya)

Chapter/Section fi maqasid al-tashri’ al-‘aammah: ‘umum shari’ah al-islamOn the General Principles of Legislation: the Generality of the Law of Islam:

 

We are certain that customs of people have no right – as customs – to be forced upon other people in legislation, nor in fact to be forced upon the original people themselves. It is true that the Sharia does force such customs upon people if they do not depart from them, because their adhering to these [customs] and the customs being central to them renders the customs as equivalent to mutual conditions that are considered in their mutual transactions, since the people are silent about anything contrary to these. An example of this is the view of Malik, may God have mercy upon him, that a noble woman is not to be forced to suckle her child, since that is the custom generally accepted by the people, and thus is like a [legal] condition. Hence, he applied the saying of God Exalted, “Mothers are to suckle their children for two complete years” (2:233) specifically to women not of the nobility, or regarded its context as being for the purpose of specifying the time period and not for the principle of mandating suckling.

 

From this principle of imposing a tribe’s customs upon it within the Sharia, where such customs are related to obligatory or prohibited matters, it becomes clear to us how to clear the confusion and huge problems presented to the jurists in understanding many of the Sharia’s prohibitions of matters where one finds no harm at all.

 

For example: the prohibition of wigs, widening gaps between teeth and tattoos for women, in the hadith of Ibn Mas’ud that “the Messenger of God, may God bless him and grant him peace, cursed women who use or ask for wigs or tattoos, or who pluck their eyebrows or widen the gaps between their teeth for the sake of beauty, who change the creation of God.” The mind is almost lost at this, because it sees categories of adornment for women, of which other types are permitted, such as rouge, perfume and the tooth-stick, so it is confounded by such a strict forbiddance of them.

 

The correct interpretation of this in my view, and which I have not seen anyone else articulate, is that those states [qualities and actions] were symbols of a woman’s weak morality amongst the Arabs. Thus, the forbiddance of these was a forbiddance of the underlying cause, or of becoming exposed to a violation of dignity or honour because of these states [qualities and actions].

Click here for a PDF with both extracts from Ibn ‘Ashur, in Arabic and English: tattooing-etc-with-english-translation

A BRIEF DISCUSSION OF A FATWA PROHIBITING POKEMON

July 25, 2016

A BRIEF DISCUSSION OF A FATWA PROHIBITING POKEMON

The following discussion of old and new fatwas about Pokemon illustrates how even an innocent or innocuous children’s cartoon is made into a symbol of a binary division worldwide by islamist extremism.

09/04/2001 Al Qaradawi prohibits Pokemon http://www.aljazeera.net/news/cultureandart/2001/4/9/%D8%A7%D9%84%D9%82%D8%B1%D8%B6%D8%A7%D9%88%D9%8A-%D9%8A%D8%B5%D8%AF%D8%B1-%D9%81%D8%AA%D9%88%D9%89-%D8%A8%D8%AA%D8%AD%D8%B1%D9%8A%D9%85-%D8%A7%D9%84%D8%A8%D9%88%D9%83%D9%8A%D9%85%D9%88%D9%86

11/07/2016 Pokemon craze sweeps across the Middle East http://english.alarabiya.net/en/variety/2016/07/11/Pok-mon-craze-sweeps-across-Mideast-.html

14/07/2016 Al-Azhar condemns Pokemon ‘mania’ http://gulfnews.com/news/mena/egypt/al-azhar-condemns-pokemon-mania-1.1862458

20/07/2016 Pokemon Go ‘haram’ – The Council of Senior Scholars of Saudi Arabia has explicitly renewed its own 2001 fatwa prohibiting Pokemon, to include Pokemon Go http://www.arabnews.com/node/956681/saudi-arabia

Summary of 2001 Aljazeera.net article (translation by Usama Hasan):

Sheikh Yusuf al-Qaradawi issued a fatwa prohibiting the Japanese Pokemon cartoon series and related films and games, “in order to protect the minds, beliefs and character of our children as well as their money: these people have perfected the art of looting it from them by consent, and gradually drawing their fathers and mothers into agreement also.”

Sheikh Qaradawi explained that his fatwa prohibiting Pokemon was issued after discussion broke out about Pokemon, its Sharia ruling and whether it is halal or haram. The Sheikh added, “I was asked about this by many fathers and mothers concerned about bringing their children up in an authentic Islamic way, in which their beliefs would be sound, their worship correct, their souls purified and their manners and character upright.”

Qaradawi emphasised that his fatwa was based upon the views of devout believers who were also experienced thinkers and who knew the issues of art, drama and TV series etc. He warned that Muslim jurists must not rush to pronounce judgment on such issues before knowing its reality, “for the judgment upon something is derived from its conception, and the jurists usually are not aware of such matters because they do not watch such series or games, especially since these are for children.”

Sheikh Qaradawi specified five reasons that led him to prohibit Pokemon:

  1. It is a danger to our creed (‘aqidah), since it is based on Darwinian thought, known as the theory of evolution, the development of species and types from lower to higher and more powerful creations.
  2. It is a danger to a child’s mentality and his good, intellectual upbringing, since it implants in his mind imaginary matters that have no foundation, supernatural things that are not consistent with God’s natural ways. This is because these insects or new creatures (Pokemons) have weird and wonderful qualities that have no basis in either reason or tradition.
  3. Pokemon is a danger to a child’s character and their good relationship with those around them, since the film has unearthed the theory of conflict and survival of the strongest, which is also a Darwinian theory. The film and TV series promote perpetual conflict, continuous fighting and a cycle of violence amongst its characters.
  4. The Pokemon game involves a type of gambling [in this case, spending money without equal counter-value], which is prohibited by the Sharia, since the upgrades are sold for tens, hundreds or even thousands of riyals, dirhams, pounds or dinars, especially the most powerful upgrades.
  5. Pokemon has characteristic symbols that have their own indications, e.g. the “six-pointed star” that is related to Zionism and Freemasonry, and which has become a symbol of the usurpatory state named “Israel.”

[6] Qaradawi called upon Muslims and Arabs to have “our own special products that express our beliefs, values, laws, customs, heritage and civilisation. Our innovative writers, academics, artists, technologists, the rich and the powerful should work together to do this. Thus, we should present films and cartoon series that carry our message and express our personality and religious, cultural and civilisational identity in simple, eloquent and attractive language.”

Brief comments on the above points by Usama Hasan:

  1. Darwinism: interestingly, a leading 19th-century Western scientist regarded this as a Muslim theory: “ … the Mohammedan theory of the evolution of man from lower forms, or his gradual development to his present condition in the long lapse of time.” (History of the Conflict between Religion and Science by John William Draper, 1811-1882, Electronic Text Center, University of Virginia Library, p. 188) Furthermore, Sheikh Qaradawi himself later moved away from this blanket condemnation of evolutionary theory: “Even research into the beginning of creation [is allowed in Islam], as long as one keeps in mind that we are looking into creation, meaning that there is a Creator … Even if we assume that species evolved from species, this is only by the will of the Creator, according to the laws of the Creator … If Darwin’s theory is proven, we can find Qur’anic verses that will fit with it …” Al-Jazeera TV (Al-Shari`ah wal Hayat, Arabic), 3 March 2009
  2. This discussion could be applied to many weak hadiths and also to fiction, including science fiction that is known to help inspire scientists, e.g. Arthur C Clarke’s famous predictions of the emergence of the internet and other developments. For science fiction in an Arab/Islamic context, see the Sindbad Sci-Fi project (http://sindbadscifi.com/)
  3. For sure, violence in films, TV shows and computer games is a major matter of concern for humanity worldwide. However, Sheikh Qaradawi’s concern in this regard is undermined by his other fatwas permitting the murder of Israeli civilians, since he regards Israel as a “militarised society” and therefore does not recognise any Israeli adults as civilians.

    Note also that the “survival of the fittest” is an aspect of our biological nature that was recognised by Muslim thinkers over a thousand years ago, including Al-Jahiz (776-869 CE) and his “Struggle for Existence” theory that anticipated a type of crude Lamarckism, one of the precursory theories to Darwinian evolution. (See Rebecca Stott, Darwin’s Ghosts, Bloomsbury, 2012, Chapter 3: Al-Jahiz; cf. also Jim al-Khalili, Pathfinders, p. 76)

  4. Certainly, wasting large sums of money on useless computer games is wrong. But relaxation is part of, and preparation for, worship of God in the Islamic tradition and people are entitled to have a small budget for such leisure. Furthermore, computer games can aid and develop some neural and reflex skills.
  5. Note that the Moroccan flag, pre-Israel, also carried a six-pointed star, also known as the Star of David (Arabic: najm Dawud) or the Seal of Solomon (khatam Sulayman). Six-pointed stars are also found engraved on the walls built by the Ottoman Muslim ruler Sultan Suleyman the Magnificent around Al-Aqsa Mosque in Jerusalem, and on the tomb of the Prophet Muhammad’s maternal aunt Umm Haram in Cyprus (http://keehuachee.blogspot.co.uk/2013/07/part-2-hala-sultan-tekke-mosque-in.html). Since David and Solomon are revered “Prophet-Kings” in the Qur’an and the Islamic tradition, it is wrong to condemn their symbols. Indeed, Sufis such as Idries Shah and Martin Lings comment on the vertical-horizontal mystical symbolism of the six-pointed star.

    Furthermore, researchers into anti-semitism correctly note that “criticising Israel is not anti-semitism, but singling Israel out amongst the world’s states for criticism is anti-semitism.” (Similarly, I would argue that criticising Islam is not Islamophobia, but singling out Islam amongst the world’s religions, philosophies and traditions for criticism is Islamophobia.)

  6. The desire to preserve one’s own values is understandable, but nationalism taken to an extreme becomes fascism. The above fatwa was issued before 9/11 and smacks of divisive, us-vs.-them discourse, not to mention that it places Japanese Muslims in a very difficult situation, cf. A History of Islam in Japanhttps://unity1.store/wp-content/uploads/2009/06/islam-in-japan.pdf). It is also unhelpful for Western Muslims, Chinese Muslims, Indian Muslims and others. There is a certain irony about an Arab Sheikh using Western and Japanese technology to promote a xenophobic message, as though violence and other problematic issues do not exist within Arab and Muslim culture.

    The 99 (Islamic Superheroes) by Dr Naif al-Mutawa, produced 2006-2013, are arguably the kind of thing that Qaradawi was calling for. But here is a sobering reminder of some of the reaction to it (https://en.wikipedia.org/wiki/The_99): Saudi clerics ruled the series blasphemous because the superheroes of its title are based on the 99 attributes ascribed to Allah in the Holy Quran. The Grand Mufti Abdulaziz al-Sheikh said, “The 99 is a work of the devil that should be condemned and forbidden in respect to Allah’s names and attributes.” The original comic strip version, first released in 2006, had already run into opposition from Muslims not only in Saudi Arabia but also in neighboring Kuwait, where it was created and produced by media executive Nayef al-Mutawa. Andrea Peyser, columnist at the New York Post, wrote in October 2010: “Hide your face and grab the kids. Coming soon to a TV in your child’s bedroom is a posse of righteous, Sharia-compliant Muslim superheroes, including one who fights crime hidden head-to-toe by a burqa.” In 2014, The Kuwait Times reported that ISIL members had issued death threats and offered unspecified rewards for the assassination of Dr. Al-Mutawa, via Twitter. Al-Mutawa defended the work saying that he had received clearance from sharia scholars and never would have gone ahead with the project had he not.

    See also Burka Avenger (http://www.burkaavenger.com/), an award-winning homegrown Pakistani cartoon series (2013-present, https://en.wikipedia.org/wiki/Burka_Avenger) that is currently aired by Nickelodeon in Pakistan.

What we do need now is an inclusive discourse of universal, shared values, of replacing a “clash of civilisations” with a dialogue and co-operation of civilisations.

Usama Hasan, 15/07/16 (edited 25/07/16)