Posts Tagged ‘Hadith’

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Have You Stopped Beating Your Wife? The Quran, Hadith and Domestic Violence

January 3, 2011

Bismillah.  I began work on this at about 5am on 1st January and, Praise God, have completed it around 55 hours later.  I am grateful to all my teachers and friends who encouraged me to write this work.

My conclusion is simple: God and Muhammad, peace be upon him, clearly wished to
ban domestic violence, as numerous hadiths indicate.  The verse was always known
to be a temporary compromise, an extremely limited concession that required
minimum use of violence, if at all.  “New” findings are:

1. Numerous hadiths say emphatically, “Don’t beat your wives.”  The Qur’an
apparently says, “You may beat your wives.”  This apparent difficulty must be
resolved.  The verse is perhaps the most quoted by critics and enemies of Islam,
the Qur’an and the Prophet Muhammad, peace be upon him.

2. The article tries to highlight a basic and serious flaw with the way many
Muslims read and teach the Qur’an, including some preachers and clerics.
Helping to correct this problem will, God-willing, open the way to dealing with
numerous other controversial issues and “problematic” ayahs and hadiths.

3. Many issues around human rights and women’s rights, gender-equality,
dhimmitude etc. may be fruitfully-addressed along similar lines.

Feedback is welcome, especially from students and scholars of Islam as well as activists and reformers, particularly those involved with women’s rights.  If you find the work of value, I would be grateful if you could help circulate it as widely as possible, and publicise its conclusions that are given in a 2-page summary at the beginning of this 17-page study, and repeated below (with additions) for easy reference.  May Allah reward you. – U.H.

Read the study here: Have You Stopped Beating Your Wife – The Quran on Domestic Violence

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

HAVE YOU STOPPED BEATING YOUR WIFE?

THE PLAIN TRUTH ABOUT DOMESTIC VIOLENCE & THE “WIFE-BEATING” VERSE OF THE QUR’AN, INCLUDING A HOLISTIC STUDY OF IMPORTANT BUT RARELY-QUOTED HADITHS ON THE SUBJECT

© Usama Hasan (London, UK)

3rd January, 2011

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CONTENTS

1    SUMMARY OF THIS STUDY.. 3

2    INTRODUCTION & BACKGROUND.. 5

3    THE QUR’ANIC VERSE REFERRING TO WIFE-BEATING.. 6

3.1       Notes on this verse. 6

3.2       Ibn ‘Ashur’s Contextualisation of the Verse: Then and Now.. 8

4    SOME HADITHS RELATED TO THE VERSE OF WIFE-BEATING   9

4.1       An Apparent Difficulty. 10

4.2       Resolution of the Difficulty. 10

4.3       A Fundamentalist Interpretation. 10

4.4       The Normative, Orthodox Interpretation. 10

4.5       A Refutation of Alternative Interpretations of “Beat Them”. 13

4.6       A Weak Hadith That Might Otherwise Justify Wife-Beating. 15

5    CONCLUSION.. 17

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SUMMARY OF THIS STUDY

  1. There is a verse (ayah) of the Qur’an (Surah al-Nisa’ or Chapter: Women, 4:34) that may appear to condone domestic violence against women.  The verse says, “You may beat your wives.”
  2. Domestic violence is a problem in most, if not all, communities and societies.  For example, current statistics indicate that approximately 1 in 3 British women experience domestic violence during their lifetime.  Although the overwhelming majority of cases of domestic violence in Muslim households are due to wider human factors such as difficulties with relationships and anger-management, a handful of cases involve the husband feeling justified in using violence against his wife on the basis of this Qur’anic text.
  3. Such an attitude is not uncommon amongst socially-conservative Muslims who are “religious” in a formal sense: for example, a conservative leader of Indian Muslims is said to have given a public statement in 2010 denouncing a new law in India that criminalised domestic violence, thus: “They are taking away our divine right to hit our wives.”
  4. This fundamentalist misinterpretation of the Qur’an is sometimes sanctioned by the legal system in Muslim-majority countries, for example, as in the UAE’s Federal Supreme Court ruling of October 2010.
  5. A large number of hadiths (traditions of the Prophet Muhammad, peace be upon him) contain the explicit, emphatic prohibition, “Do not beat your wives!”
  6. These hadiths may appear to contradict the Qur’an, if the latter is read in a superficial, fundamentalist way.
  7. A holistic reading of the Qur’an, Sunnah and Hadiths, taking into account the socio-historical context of the revelation of the Qur’an and of the Prophetic guidance preserved in authentic hadiths, shows clearly that God and Muhammad wished to ban wife-beating and domestic violence completely.  As a temporary measure, and as a step on the way, an extremely limited, reluctant concession was given that only allowed minimal violence as a symbolic gesture of displeasure on a husband’s part.  This was in a strongly patriarchal society that used to bury baby girls alive because of their gender and where sons would inherit their fathers’ wives.  Such practices were outlawed by Islam, which also granted rights to women in 7th-century Arabia that were only achieved by European women in the 19th century, such as the independent right to own their property upon marriage.
  8. The evidence for this interpretation is overwhelming, from the 8th-century AD Mufti of Mecca, ‘Ata bin Abi Rabah, who ruled that “a man may not hit his wife” to the 20th-century Mufti of the Zaytuna in Tunis, Ibn ‘Ashur, who ruled that the State may ban domestic violence and punish any man who assaulted his wife.
  9. The “gradualist” approach of the Qur’an and Sunnah described in this case is a common feature in Islam.  Other examples are the prohibition of wine, gambling, fornication and adultery.  Modern reformers argue that the same principle applies to the abolition of slavery and the struggle towards gender-equality.
  10. Recently, a number of Muslim thinkers and scholars, unfamiliar with the holistic approach to the Qur’an, Hadith and Shari’ah embodied in the universalist Maqasid theory of Islamic law, have attempted to re-translate the “wife-beating” verse to mean something else.  Alternative translations and interpretations include temporary separation of husband and wife, travelling and even making love as a way of solving marital disputes.  A prominent example of this is Dr. Laleh Bakhtiar’s recent translation, The Sublime Qur’an (2007) that is largely-promoted based precisely on her translation of the wife-beating verse. Although well-intentioned, such interpretations and translations are either grammatically unsound or far-fetched, or both.  Furthermore, they ignore the overwhelming evidence provided by the Hadith traditions and simply do not placate the critics of Islam.  The normative, orthodox account of the issue in this study provides a thorough, honest and principled solution to the difficulties apparently posed by the wife-beating verse.
  11. The presence of hadiths with weak isnads (chains of narration) that would otherwise justify wife-beating may be evidence that some early Muslims themselves misunderstood the issue and either fabricated or misreported traditions on the subject.  The value of the work of expert Hadith scholars throughout the ages who meticulously sifted genuine narrations from the weak ones, may be seen to be crucial.  The work of al-Albani, a 20th century Hadith scholar, is especially valuable, for example his gradings for every hadith in the four famous Sunan collections of Sunni Islam.  Albani concentrated more on the chains of narration than the meanings of the traditions, but nevertheless confirmed that all the hadiths banning wife-beating or only allowing a limited concession are authentic whereas all those justifying it absolutely are weak.
  12. This study highlights a fundamental problem with the way many Muslims, including some scholars and clerics, read the Qur’an.  Rather than being read as a “textbook” or “instruction manual” as some superficial, populist, fundamentalist or Hadith-rejecting preachers advocate, it should be remembered for what it is: a collection of divine signs, guidance and wisdom revealed by God to the heart of His Beloved, Prophet Muhammad, peace be upon him, by God via the Archangel Gabriel (Jibril), the Holy Spirit, peace be upon him.  This guidance was transmitted by practice and oral teaching (remember that “Qur’an” means “A Reading” and hence oral transmission) at first, and only collected by the Companions as a written book after the time of the Prophet, peace be upon him, for fear of this Divine Treasure being lost for ever.  Furthermore, this guidance was always supposed to be manifested by righteous people of piety, humility, good character and the remembrance of God, taking their situation and socio-historical contexts into account.  A critical awareness of hadith and history has always been required, along with the worship of God and the service of humanity, to be guided towards the true way of following the Qur’an.

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Posted in Hadith, Human Rights, Law, Qur'an, Sunnah | 16 Comments »

One Caliph to Rule Them All

February 26, 2010

Bismillah.  Here is a useful article by Rashad Ali, with good quotes from some of the classical jurists that should help in the debate about Islamism (political Islam).  I particularly like the paragraphs from the 18th-19th century Yemeni Imams San’ani and Shawkani, since they are very influential in Salafi circles, and you get Salafi Islamists as well as others (both Sunni and Shi’i, lest we forget).

al-Amir al-San’ani: ” … the implication here is that the Caliph referred to is that of a particular region because the people have never gathered together behind a single Caliph in all the lands of Islam since the time of the Abbasid State. Rather, the people of every region were independent with someone presiding over their affairs. If the hadith was taken to mean the overall Caliph which the people of Islam had united behind, then there would have been no benefit in the saying.” Subul al-Salaam, (volume 3, page 499)

Imam Shawkani also held this view: “As for when Islam spread and its territories expanded and its regions became distant [from each other], then it is known that in all of these regions loyalty was given to an Imam or Sultan… So there is no harm in the multiplicity of Imams and Sultans and it is obligatory for those people in whose land his orders and prohibitions become effective to give obedience to him after having giving bay’ah (a pledge of allegiance) to him. It is the same for the people of all the other regions.” Shawkani goes on to say that someone not understanding this will not benefit from the presentation of the dalil (scriptural evidence) as he will not “be able to comprehend it.” al-Sayl al-Jarraar (volume 4, page 512)

It is also worth reading Ibn Khaldun on the subject, as usual.  Much of the Muqaddimah is devoted to issues of political power but the section on the meaning of the caliphate and imamate is especially relevant (pp. 154-183 or Sections 23-30, Chapter III, of the abridged translation by Rosenthal/Dawood, available online here).

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ONE CALIPH TO RULE THEM ALL

© Rashad Ali, 2009

Hizb ut-Tahrir, Jamaat-e-Islami, al-Ikhwan al-Muslimoon and al-Qaeda all have, as a fundamental aim: the establishment of a global dictatorship under the rule of one Caliph, an autocrat who will impose one interpretation of the Shar’iah over the entire globe. They intend to do this through unifying countries where there already exist Muslim majorities, and then launch a worldwide international effort at expanding this state through diplomatic and hostile means, i.e. warfare.

For them, there is a religious duty (fard) in which there is no dispute, that there must be a single caliphate encompassing the whole globe. There is no room for different interpretations, and anyone differing with them – especially with the likes of the Hizb and al-Qaeda, are upon Kufr (unbelief) and apostates from Islam. In fact, they would argue that all the Muslim scholars who have abandoned engaging in political activity for the sake of establishing such a super-state are upon misguidance, and Kufr, even if on the whole the Muslim jurists take the position, that there are different opinions on this issue, which are legitimate opinions – Ijtihadaat – and therefore we cannot start accusing others of being on un-Islamic positions for holding different views.

The fact is that whilst mainstream religious scholarship prefers unity to disunity, and an ideal of unified peaceful relations, it recognizes the practical and political reality that has existed throughout our history, that we have always had different states and empires. Scholarship has always recognized that there differences in all such issues which warrant recognition. Barking on about the obligation of having a leader/caliph/head of state- all of which carry the same meaning according to groups like Hizb ut-Tahrir, is not the same as proving that Muslim scholars historically or presently support the forceful unification of Muslim majority countries or expansionist states in the world. This is a false representation of classical and modern scholarship.

First of all, Muslim scholars have differed over the necessity of having a single political leadership. Rather it was considered acceptable to many scholars to have multiple political leaders.

Secondly, rejecting the concept of having a caliph and Imam or leadership was considered as erroneous (this should be differentiated form the notion of an expansionist state), but not Kufr. In fact, it was considered a form of extremism amongst classical scholars to exaggerate the issue of caliphate as there are many differences upon such issues.

Thirdly, political rebellion in order to remove leaderships by force, coup or militant means or through political agitation was considered to be: heresy and fisq (transgression); an aspect of deviant sectarian cultures such as those of the Khawarij; deemed outside of the way of mainstream Islamic teaching.  This is where the separation from classical tradition and Islamist ideological activism originates.

A question arises though about the apparently clear-cut evidences from prophetic tradition which are often cited to clearly oblige the necessity of one caliph and forbid multiple rulers. It is then claimed that such rules are clear-cut and definitive (Qat’i) permitting no other interpretations.

Methodological principles

The founder of Hizb ut-Tahrir, Taqi ul-Din al-Nabhani explains in volume 3 of Shakhsiya Islamiya page 186, in the chapter titled Mafhoom al-Shart (the concept of the condition or conditional clause):

“The mafhoom al-shart is when the rule depends upon something which has come in any of the forms of the conditional clause such as ‘if/when’ or any meaning implying a condition. It indicates the negation of the ruling when such a condition is not realised or is absent.”

Nabhani also states that absolute and general statements would be restricted by conditional clauses, or in fact more generally by the denotation (mantooq) as well as the connotation (mafhoom) of the speech.

“It is permitted to restrict the the mantooq (the meaning of the denotation of the speech), by the mafhoom (the connotation of the speech), whether this is when it is in the meaning of the statement and in harmony with it (mafhoom al-muwafaqa) or divergent from it (mafhoom al-mukhalafa) [such as the the conditional clause – he gives an example to substantiate this].” (Chapter: Restricting the Mantooq by the Mafhoom, page 255)

Hadiths about one leader and how they have been interpreted

So for example the hadith wherein the prophet is reported to have said as narrated by Sahih Muslim: “Whoever comes to you, and you are united under one man, and seeks to cause political dissention and separate your community (jama’ah), fight him” – would be interpreted as meaning when you are united under a single leadership. This would then restrict the meaning of other general texts which imply a single leadership according to Nabhani’s principles of interpretation, i.e. the specific meaning would be then understood to restrict the general implications of other texts such as, “If the pledge is given to two Caliphs, fight the latter,” as applying under a single leadership, not when there are many different states and leaderships already.

Imam al-Nawawi comments on the above hadith in the chapter: The ruling of dividing the affair of the Muslims when they are united, “Whoever comes to you and you are united …” stating that this refers to “those who rebel (kharaja) against the leader …”(!!) (page 444 of al-Minhaj bi-Sharh Sahih Muslim bin al-Hajjaj, Dar al-Marifa, Beirut – Lebanon)

He also states regarding the second hadith that “generally scholars have agreed that you cannot contract two caliphs… there is however the possibility of the opinion of Imam al-Haramayn [being correct].” (page 445) He explains that there is a possibility of different opinions in this matter. He states, “This is outside of the definitive matters (kharij min al-qawati’). And Maziri (the well-known Maliki commentator on Imam Muslim’s collection of hadith) has narrated this Qawl (opinion) from some of the later scholars of Usul, including Imam al-Haramayn.” So it is the position of Imam al-Haramayn that it is permitted to have multiple political leaders. Imam al-Nawawi is not of this view and he states “though it is an irregular position and conflicts with the views of the early scholars and the apparent, absolute meaning of the text.” (page 435) The important point is that it is not a definitive issue, it is subject to opinion and Ijtihad. Imam al-Haramayn is however one of the most widely accepted scholars agreed upon to reach the position of a Mujtahid Imam, and was the celebrated teacher of the revered Imam al-Ghazali.

What was Imam al-Haramayn al-Juwayni’s point of view? He explained this clearly in his text Ghiyath al-Umam fi Tiyath al-Zulam where he explained, “I do not deny the permissibility of appointing (two leaders) according to the need (haja) and enforcing both of their executive decisions as a religious duty. This however is a time without an overall Imam.” People have misconstrued his words, as implying that this is only when it is impossible. This is absolutely false. Not just from the quotation itself, which is that it is according to the need (not even necessity or darura), but Imam al-Haramayn explains in the following sentence, “if they agree to appoint an Imam over them, it is a right for the two leaders to submit to the decisions of this Imam in a manner he deems appropriate.” He goes on to discuss to Imams in two separate countries: neither would have claim to the leadership of all the Muslims. (pp. 168-169, Muassas al-Rayyan edition)

al-Amir al-San’ani comments on the statement, “Whoever left obedience to the Imam and separated from the community and then died, then his is a death of pagan ignorance,” as follows: “… the phrase, ‘… left obedience …’, means obedience to the Caliph with whom there is agreement. And the implication here is that the Caliph referred to is that of a particular region because the people have never gathered together behind a single Caliph in all the lands of Islam since the time of the Abbasid State. Rather, the people of every region were independent with someone presiding over their affairs. If the hadith was taken to mean the overall Caliph which the people of Islam had united behind, then there would have been no benefit in the saying.” Subul al-Salaam, (volume 3, page 499)

Imam Shawkani also held this view: “As for when Islam spread and its territories expanded and its regions became distant [from each other], then it is known that in all of these regions loyalty was given to an Imam or Sultan… So there is no harm in the multiplicity of Imams and Sultans and it is obligatory for those people in whose land his orders and prohibitions become effective to give obedience to him after having giving bay’ah (a pledge of allegiance) to him. It is the same for the people of all the other regions.” Shawkani goes on to say that someone not understanding this will not benefit from the presentation of the dalil (scriptural evidence) as he will not “be able to comprehend it.” al-Sayl al-Jarraar (volume 4, page 512)

Rejecting Imamate in principle

As for making the issue of political leadership a central aspect of faith, and declaring Kufr on ideas and people on the basis of such ideas, or even for rejecting the whole notion of having any kind of political leadership, this is considered a characteristic of extremists. As Imam al-Ghazali stated: “Know, however that error regarding the status of the Caliphate, whether or not establishing this office is a (communal) obligation, who qualifies for it, and related matters, cannot serve as grounds for condemning people as Unbelievers. Indeed Ibn al-Kaysan denied that there was any religious obligation to have a Caliphate at all; but this does not mean that he must be branded an Unbeliever. Nor do we pay any attention to those who exaggerate the matter of Imamate and equate recognition of the Imam with faith in God and His Messenger. Nor do we pay any attention to those people who oppose these people and brand them Unbelievers simply on the basis of their doctrine of on the Imamate. Both of these positions are extreme. For neither of the doctrines in question entails any claim that the Prophet perpetrated lies.” (On the Boundaries of Theological Tolerance in Islam, Abu Hamid al-Ghazali’s Faysal al-Tafriqa by Sherman A. Jackson, Oxford).

To clarify, it is considered a subsidiary branch of fatawa, not a fundamental aspect of religion. This is why someone denying any aspect of recognising political leaderships is considered by the mainstream scholars to be mistaken, at worst upon a deviant position, but not a non-Muslim or outside the community of believers.

Nihayat ul-Su’al fi-Sharh minhaj ul-Wusul lil-Qadi al-Baydawi ma al-hashiya Salam ul-Wusul li-Sharh al-Nihaya authored by Jamal ul-Din al-Asnawi and commentary by Shaykh Muhammad Bakhit al-Muti’ee, ‘Alam ul-Kutub edition, states:

“The obligation of appointing an Imam is from the branches of religious rulings (al-furu’ al-fiqhiyya), and without a doubt they are not from the fundamentals of religion (usul al-din).” (volume 3, page 92)

Political rebellion in order to forcefully remove leaderships

Imam al-Nawawi explains the orthodox position of the Sunni Muslim scholars: “We should not challenge nor dispute the legitimacy of the political leadership, nor come out in difference to them, unless we clearly see a evil perpetrated by them, definitively violating the principle of Islam. If this is seen then this evil should be denounced and you should speak the truth. As for khurooj (rebellion), this forbidden by consensus of all the Muslims.” (page 532).

So what about those who have decided to undertake military means to remove established rulers, despots and tyrants they may be, based upon their interpretation of such evidences? Well let us return to the writings of Imam al-Asnawi, Qadi al-Baydawi and Shaykh Muhammad Bakhit al-Muti’ee.

“Similarly the Khawarij, those who permit the slaughter of Muslims, taking their wealth and their famillies based upon an interpretation and speculative interpretation of the text; they are transgressors (fussaq) in our eyes, though not in theirs…” (volume 3, page 136)

Ironically Imam al-Nawawi (see above) applies the very same hadith stating that the meaning of the hadith which are politicized for their own ends by the likes of Hizb ut-Tahrir, implies that such people should themselves be fought for their crime of political rebellion!

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A detailed fatwa about music and singing – by Sheikh Abdullah al-Judai

February 13, 2010

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

The fatwa is given below, and in PDF format here: Juday – Music and Singing – Conclusions

Some of the Sheikh’s analysis of texts from the Qur’an and Hadith on the subject are found in this presentation here.

A brief biography of Sheikh ‘Abdullah al-Judai can be found here.

Ibn Khaldun on music & singing (pp. 328-331 of the Muqaddimah, abridged translation by Rosenthal/Dawood).

A DETAILED FATWA ABOUT MUSIC & SINGING

by Sheikh ‘Abdullah b. Yusuf al-Juday’

Taken from the author’s al-Musiqi wa l-Ghina’ fi Mizan al-Islam (“Music & Singing in the Balance of Islam”), Al Judai Research & Consultations, Leeds, UK, 1425/2004, pp. 597-601

Translation by Usama Hasan, 13th February 2010

SUMMARY & CONCLUSION

After this detailed presentation of the evidence and legal ruling related to the two issues of music and singing in respective, detailed chapters, I now highlight briefly the main conclusions of this study:

  1. There is no consensus (ijma’) about the legal ruling on music and singing, whether considered together or as separate issues.
  2. There is no unequivocal text (nass) from the Noble, Generous Qur’an that speaks about these two issues.
  3. There is no unequivocal text (nass) from the Sunnah that definitely forbids music or singing.
  4. In the legal positions (madhahib) of the Companions and Successors, there is no clear prohibition of music or singing.  Rather, some of them listened to music and singing and permitted this.  Precursors of the view of prohibition began to appear after them, but without indisputable, clear-cut prohibition.
  5. To claim that the Imams of the four main Sunni Madhhabs agreed on the absolute prohibition of music or singing is inaccurate.
  6. The issues of music and singing return to the basic principle (asl) in matters of habits and objects, and the established position based on evidence in this regard is one of permission (ibahah), which cannot be modified without evidence.
  7. The basic principle (asl) in sounds and speech is the permissibility of making and listening to these, and similarly for humming.  A beautiful voice or sound, in itself, is a blessing (from God).
  8. All that is narrated in condemnation of music and singing, which some hold to, thinking it is legal evidence, includes very little that is clear and indisputable.  The latter is not authentically-narrated, and it is not permissible to base legal judgments on unsound narrations.
  9. Those texts from the authentic Sunnah which the prohibitors of music and singing think is legal evidence, are in reality evidence against them to falsify their claims.  Rather, there are numerous unequivocal texts (nusus) in the authentic Sunnah that confirm the basic principle and necessitate the view that music and singing are permissible.

A Principled Judgment on Music and Singing

  1. Musical instruments were found in Arabian society before Islam and remained afterwards: no clear-cut, authentic, indisputable text (nass) came to forbid these.
  2. Sounds arising from musical instruments are lawful (halal) in principle.  They remain within the sphere of permissibility unless they are used as a means towards disobedience (of God).
  3. The exact definition of permissible singing is: that which involves intrinsically-permissible words or lyrics, whether or not it is accompanied by music.
  4. Use of the permissible for purposes involving vice changes the ruling of permissibility to prohibition in that circumstance, not in general.
  5. There is no distinction between men and women in the ruling of permissibility for music and singing.
  6. Males listening to the singing of females, or vice-versa, is intrinsically harmless: this is authentically-narrated in several evidential texts.
  7. The usage and learning of music and singing are permissible (mubah), since there is no basis to forbid what is permissible in principle.A ruling derived from this is that practising the arts of music and singing, being attracted to these or listening to them, do not by themselves damage the integrity (‘adalah) of a person.
  8. To amuse oneself by songs, whether these are called “Islamic” or “national” or other, is permissible and allowed (mubah ja’iz), whether accompanied by music or not, as long as the lyrics are intrinsically acceptable (mashru’ah).As for the remembrance of Allah Exalted by words of sanctification and praise, and as for prayers of blessing upon His Prophet, may Allah bless him and grant him peace, it is acceptable and encouraged to gather together for such purposes.  It is permissible to do this melodiously (bi l-taghanni), as it is permissible to recite the Qur’an melodiously.  However, it should be noted that all of this is worship (‘ibadah) and not amusement (lahw), and so it cannot be accompanied by music because the latter is a form of amusement, and amusement cannot be a means of worship.  Similarly, it was disliked to use the trumpet or bell to call people for prayer, and the announcement by a human voice (adhan) was legislated instead.
  9. The ruling on music and singing does not differ in our times from previous ages.  Any judgment on what is popular in these matters is based on the individual lyrics.  If these lead to a prohibited matter, then the judgment is one of prohibition (haram).  If it (permissible music and singing) is accompanied by prohibited scenes, such as the uncovering of private parts (‘awrah), the forbiddance would extened to looking at such scenes, but not to the music and singing itself.

I conclude with the following words:

Firstly, music and singing are forms of amusement (lahw), so the basic principle is that they should be used to realise recognised benefits (maslahah mu’tabarah) such as expressing acceptable happiness or warding off boredom and tedium.  If they are used too much, the benefits will be correspondingly obstructed.  The permissible is harmless as long as it does not overcome the obligatory or recommended, or lead to what is prohibited or disliked, in which case it changes from being permissible to being prohibited or disliked.

Secondly, the fact that many people exceed the bounds of permissibility with such amusement does not falsify the basic principle regarding music and singing.  What is rejected of their actions is what is excessive, and it is not allowed to make changing times or improper use into a reason to prohibit the permissible.  Keeping people to the basic principle of the Law is safest for the responsibility of the person of knowledge, even if this agrees with the desires of a person of lust, for the sin is not incurred by doing what is lawful (halal), but by falling into the prohibited (haram).

Thirdly, the way to recognise the lawful (halal), the prohibited (haram) and the major symbols (sha’a’ir) of Islam is the Book and the authentic Sunnah, based upon clear principles and evident rules. It is not by rejected and fabricated ahadith, or by opinions devoid of proof or baseless views.  Otherwise, whoever wished to could say whatever they wanted, and people’s religion would become corrupted for them.  This is just one issue where you can see how far false narrations and weak opinions have played with the views of many people, whilst infallibility is only for the Messenger of Allah, may Allah bless him and grant him peace, in what he conveyed on the authority of his Lord, Most Exalted.

This conclusion to this study will not agree with the wishes of many people, but it is enough for me that I have only arrived at it in the light of the evidence and proof of the Law, following the guidance of the basic principles and proper analysis in matters of disagreement with my opponents.

Thus, if you would like to criticise me in any aspect, let it be with arguments from the Book, the authentic Sunnah or agreed principles, not with mere opinion, for one opinion defeats another by its argument.  The most critical thing that can be said about someone who holds such as a view (as mine), it that he is to be excused according to the extent of his striving (ijtihad) and rewarded for his good intentions. Perfection is neither my attribute nor yours, and I have sought an excuse for you despite my disagreeing with your view and refuting it.

Further, I entreat you by Allah, do not refer the argument to the view of the “minority” or the “majority,” or to the dominant fatwa in a particular country, for these are not the refuges of intelligent authorities but rather, such is the state of those who follow uncritically.  And that is enough for you!

Moreover, I entreat you by Allah, do not say to me, “Your view is a tribulation (fitnah),” for tribulation lies in what opposes the message of the Messenger, may Allah bless him and grant him peace, as Allah Exalted said, “Let those who oppose his command beware that a tribulation or painful punishment may befall them.” (Al-Nur or Light, 24:63)  I have referred both you and me in judgment to what the Messenger, may Allah bless him and grant him peace, brought: I have arrived at a view different to yours.  Tribulation lies in concealing the verdict of the Law and covering it up, imagining that exposing it will mislead the masses.

It is Allah alone whom I ask for forgiveness for slips of the mind and tongue, and excesses of the pen and hand.

I also ask Him, Blessed and Exalted, to accept from me my efforts with this book, and similarly for those who have helped me from my family and brethren.  I ask Him to make this and other studies of mine examples that are followed in analysing many issues for this nation: by referring to principles and not to disagreement.  He is the One Whose Help is Sought, and there is no change of state or power except by Him.

You are Glorified, O Allah, and Praised.  There is no god but You.  I seek Your forgiveness and turn in repentance to You.

May Allah bless our master Muhammad, his family and companions, and grant them peace.

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Posted in Hadith, Law, Qur'an, Sunnah | 38 Comments »

The tragic case of Akmal Shaikh

January 1, 2010

The Akmal Shaikh case is very tragic. May I request all those Muslim brothers and sisters who were moved by it to campaign equally for other cases of injustice, irrespective of the victim’s faith or religion. A good way to start is by supporting the work of organisations like Amnesty International and Reprieve, since this is precisely what they do. The Prophet (pbuh) taught, “Beware of the prayer of the oppressed, for there is no veil between it and God,” and he was certainly not talking about oppressed *Muslims* only, unlike many of us today.

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40 Hadith from 40 Hadith Collections, by Imam al-‘Ajluni

October 10, 2009

Bismillah.

The Hadith scholars have the lovely tradition of composing short works comprising about 40 Hadith.  Often these are about specific subjects.  The most famous and influential such collection is of course by Imam Nawawi, because his 42 ahadith covered the major principles of Islam.

Here is a beautiful work by Imam Isma’il b. Muhammad of ‘Ajlun, Syria, who lived 1087-1162 H, i.e. about 75 lunar years.  The Gregorian dates would be 1676-1749, roughly.  His teachers included the Shaykh ‘Abd al-Ghani of Nablus.

‘Ajluni’s most famous work is probably his Kashf al-Khafa’ wa Muzil al-Albas ‘an ma-shtahara min al-Ahadith ‘ala Alsinah al-Nas (“Unveiling the Hidden Truth and Removing the Confusion about the Ahadith that are Widespread upon the Tongues of the People”), in which several hundred popular ahadith are listed in alphabetical order with his comments (of variable length) about the sources (takhrij) and authenticity of each hadith.  He confirms that many widely-quoted and popular ahadith are not, in fact, authentic as genuine statements of the Prophet, peace be upon him. Many others are, of course, and still others have slightly different wordings than their popular versions.  The Kashf was almost unique and the reference work in its field until the Shaykh al-Albani came along!  However, the Kashf is still an extremely valuable resource in addition to Albani’s works.  Some readers will remember that I quoted several times from the Kashf, in addition to Albani’s books, when I wrote the Introduction and Appendix to my father’s An Introduction to the Science of Hadith (Al-Quran Society, London, 1990’s – later republished and distributed widely by Darussalam, Riyadh).

One matter mentioned by Imam ‘Ajluni in the Kashf is that, contrary to the popularly-held belief, the head of Imam Husain, the revered grandson of the Prophet peace be upon him, is not buried in Cairo.  The site has a major mosque and shrine there currently, known as al-Husainiyyah.  Imam Husain was martyred at Karbala’ in Iraq, and in fact there are one or two other shrines in different countries where it is claimed that his head is buried.  I was rather bemused by the fact that the esteemed, pioneering and inspirational Prof. Seyyed Hossein Nasr mentions in his autobiography that, out of all the places he had ever visited, he found his spiritual centre at the alleged burial-place of Imam Husain’s head in Cairo.  One can understand its significance if one believes the story to be true, but surely the place cannot be more sacred than Medina and Mecca, whether you’re Sunni or Shia, Sufi or not?

Anyway, back to the current work which collects 40 hadiths from 40 different Hadith collections.  (Most of us would probably be hard-pressed to name 10 Hadith collections, let alone 40).  The hadith in each case is often the one which opens the relevant book.

The Arabic title of the book is ‘Iqd al-Jawhar al-Thamin fi Arba’in Hadithan min Ahadith Sayyid al-Mursalin (“A Necklace of Precious Jewels: Forty Traditions of the Chief of the Messengers”).  It is described as a sanad (chain of narration) for the books of Hadith, so that a student of Hadith would have sanad in 40 books by gaining a sanad for this book.  The later Hadith scholar Jamal al-Din al-Qasimi, also of Syria, wrote an excellent commentary on the ‘Iqd called al-Fadl al-Mubin (“The Clear Grace”).

The book is available here, only in Arabic, in Word and PDF formats, and would be a lovely one for someone to translate, even a list of the 40 Hadith books and an indication of the relevant hadith in each case, since some of the 40 hadiths are quite long.  I’d be very grateful if someone could do this for the sake of God and for the benefit of non-Arabic readers.  I’m very grateful to Ibrahim Ali for sending me these files.

Iqd al Jawhar_Ajluni_Mutii al Hafiz_another edn (Word format)

Iqd al Jawhar_Ajluni_Mutii al Hafiz_another edn (PDF format)

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Way of the Prophet, peace be upon him

August 25, 2009

Bismillah. My paternal grandfather’s book on Hadith (Intikhab-e-Hadith) is now out in English, alhamdulillah.

See http://www.islamic-foundation.com for “Way of the Prophet” by Abdul Ghaffar Hasan, Kube publishers, 2009.

Readers are encouraged to buy the book, but not to read it until after Eid since Ramadan should be devoted to the study of the Qur’an. The great Hadith scholars of the past would suspend narrating ahadith during Ramadan and concentrate on the Book of God.

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A Balanced Islamic View on Music and Singing

June 14, 2009

A BALANCED ISLAMIC VIEW ON MUSIC AND SINGING

Bismillah.  Based largely on the book by Sh. ‘Abdullah Yusuf al-Juday’

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Biography of Shaykh ‘Abdul Ghaffar Hasan

June 8, 2009

Biography and Isnad of Shaykh ‘Abdul Ghaffar Hasan (1330-1427 / 1913-2007), updated from 2007 with a section of my own “Treasured Memories of the Shaykh” at the end.  Btw My father has completed a 100-page biography of his father in Urdu, which is due to go to print soon in Pakistan.  The intention is to translate it into Arabic and English also, insha’Allah.  My translation of the Shaykh’s “Intikhab-e-Hadith” has gone to print as “Way of the Prophet” (publishers: Kube).  Insha’Allah, we hope that it will be available before Ramadan this year.

Biography of Shaykh Abdul Ghaffar Hasan

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Were it not for you, O Muhammad, I would not have created the universe!

June 7, 2009

Interesting explanation of the idea of the “Muhammadan reality” (al-haqiqah al-Muhammadiyyah) from Imam Ibn Taymiyyah (661-728 H)!

In the mysticism of other faith traditions, the roles of Moses, Christ, Buddha, etc. correspond to the Muhammadan role here.

Muhammad as the reason for all of creation – Ibn Taymiyyah

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Holding Fast to the Way of the Prophet – Imam Shatibi

June 7, 2009

Imam Shatibi’s introduction to Al-I’tisam, his magnificent work on Sunnah and Bid’ah or the importance of holding fast to the authentic way of the Prophet (peace be upon him) in order to attain optimum spirituality and not corrupting it with practices that become an obstacle to true spirituality.  The book includes a powerful refutation of Imam ‘Izz al-Din b. ‘Abd al-Salam’s categorisation of bid’ah into the five categories of wajib, mandub, mubah, makruh and haram.  Al-I’tisam deserves a good translation – any volunteers?

Imam Shatibi – Introduction to the Book of Holding Fast to the Way of the Prophet

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