Addiction – The Disease and its Cure

May 18, 2011 By admin 1,149 Comments

Self Development

We live in a culture in which mass advertising glorifies excessive consumption and the near instant gratification of desires. “Having it now” unfortunately, proves to be a slippery slope for millions, and uninhibited desires prove to be like an uncontrollable fire, growing stronger each time they are fed. Some desires becomes overriding compulsions that could take years to overcome, if at all. The word addiction is often used to describe such a condition.

What exactly is addiction? The term “addiction” is used in many contexts to describe an obsession, compulsion, or excessive physical dependence or psychological dependence, such as: drug addiction, alcoholism, compulsive overeating, problem gambling, computer addiction, etc. In other words, addiction has many forms, some of them related to substances such as drugs or alcohol, while others are related to extreme psychological dependence of the individual on behaviors such as gambling, overeating, and increasingly internet surfing.

Nearly 14 million Americans meet diagnostic criteria for alcohol use disorders

Estimates of the economic costs of just alcohol abuse, collected by the World Health Organization, vary from one to six per cent of a country’s GDP . Countries around the world spend hundreds of billions of dollars in combating the drug trade, rehabilitating drug addicts and in dealing with the health and social costs of the increased use of narcotics by young people and teenagers. Addiction to pornography is afflicting millions in every age group around the world, leading to decreased productivity, and an increase in crimes against women and children.

The fact that addictions of various types have grown into enormous social problems that are threatening not only individuals and families but entire societies is clear. Addictions in fact, are the scourge of the human civilization, and the urgency of making a global effort to eradicate them is more critical than ever.

Efforts So far

Countries around the world have tried hard to control if not eradicate various addictions in their societies. Although millions have freed themselves from the slavery of their base instincts, millions more continue to fall into this abyss. The number of addicted individuals, both in real terms and as a percentage of the total population, has skyrocketed in recent times.

Let us explore how Islam views the problem, and how its prescriptions and world-view might be an antidote.

Moderation – An Islamic Virtue

One of the salient features of the Islamic world-view is a balanced and moderate outlook on life and its challenges. Islam recognizes that human beings have natural desires, and prescribes ways of fulfilling these desires without allowing the desires to take control of one’s life. The Glorious Qur’an says:

“O Children of Adam! wear your beautiful apparel at every time and place of prayer: eat and drink: But waste not by excess, for Allah loveth not the wasters.” [Al-Qur’an 7:31]

The Islamic virtue of moderation is prescribed at both an individual and at a collective level. Islam views the natural resources of the world, and indeed human life itself, as a trust from God. Accordingly, every individual is accountable for how he or she spends these resources. Profligacy is considered a major sin in Islam.

Islam’s View of the Self

Islam’s broader approach towards human life is through the recognition of the human soul as being composed of essentially three elements:

  • Nafs al-Ammarah (soul commanding to evil or evil-inciting soul)
  • Nafs al-Lawwamah (self-reproaching soul)
  • Nafs al-Mutma’innah (tranquil, peaceful soul)

The goal of every Muslim is to be aware of the stage of his or her own soul, and to strive to reach the stage of tranquility and peace that can only come about through a disciplined life in obedience to God.

The soul commanding to evil grips the individual in a state of forgetfulness. Addiction, and indeed, all human infractions stem from such a state, where the human being is heedless of the purpose of life, heedless of the Creator, and of the Day when all human beings will be held accountable for their actions. It is this state of forgetfulness that the individual must strive to overcome, and work progressively towards a state of awareness. The Glorious Qur’an says:

“And be ye not like those who forgot Allah, and He made them forget their own souls! Such are the rebellious transgressors!” [Al-Qur’an 59:19]

In overcoming addiction therefore, one is required to shun heedlessness and feel remorse for having allowed one’s soul to be controlled by one’s lower desires.

For others who, although self-aware to some extent, do succumb momentarily to the evil-inciting soul, the remembrance of the pine and His commandments are often sufficient to restore the balance and quickly exit the state of heedlessness.

For those who, while fulfilling the necessities of human life, are firmly rooted in achieving success in the hereafter, the temptations of a transgression only serve to spur them on in their spiritual pursuits

Islam’s Prohibitions – A Great Blessing

Altaf Husain, a social worker in the US, writes in an article on ways to overcome addiction:

“No one becomes addicted intentionally; it is not a goal one sets out to accomplish. Addiction is ultimately the triumph of the soul commanding to evil over the self-reproaching soul. What begins as just one quick glance at a pornographic Web site, one sip of alcohol, one snort of cocaine, one injection of heroin, or even one session of aggressive overeating does not affect every individual the same way. For those who have a weak relationship with Allah, are on the margins of daily worship, are keeping company with similarly heedless individuals, the one glance, the one sip leads them, ultimately, down a slippery slope from which they will have, potentially, a lifelong struggle recovering.”

Islam recognizes the perils of such self-destructive behavior. While prescribing permissible ways of fulfilling certain legitimate desires, Islam clearly draws the line around certains types of behavior and strikes them at the root.

Consequently, alcohol, drug consumption and gambling are strictly prohibited, even in small quantities. The Glorious Qur’an says:

“O ye who believe! Intoxicants and gambling, (dedication of) stones, and (pination by) arrows, are an abomination,- of Satan’s handwork: eschew such (abomination), that ye may prosper.” [Al-Qur’an 7:31]

In the last five decades, pornography has been the cause of many a broken home, and multitudes of destroyed lives. By enjoining men and women towards modesty, the Glorious Qur’an protects the dignity of the human being. The Qur’an says:

“Say to the believing men that they should lower their gaze and guard their modesty: that will make for greater purity for them: And Allah is well acquainted with all that they do.

And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms…” [Al-Qur’an 24:30-31]

Islam recommends marriage for the fulfillment of natural desires and for procreation, but prohibits the depiction of any human being as merely an object of sexual gratification. Notice how the Qur’an elevates the status of both men and women by recognizing their nature, while also drawing their attention towards a higher purpose in life.

When one reflects on the havoc caused by alcohol and drug addiction, by compulsive gambling and by rampant pornography, one can only see the prohibitions and injunctions of Islam as great blessings to the human race. The pine prohibitions ensure that even if one does not see the wisdom behind abstaining from these evils, one is guarded by adhering to certain norms in a spiritual frame of reference.

Prayer and Fasting – Strenghthening the Soul with Patience

While every pillar of Islam serves to strengthen the soul, the five daily prayers and the fasting during the holy month of Ramadan are especially beneficial in disciplining the soul.

The Glorious Qur’an says;

“Recite what is sent of the Book by inspiration to thee, and establish regular Prayer: for Prayer restrains from shameful and unjust deeds; and remembrance of Allah is the greatest (thing in life) without doubt. And Allah knows the (deeds) that ye do.” [Al-Qur’an 29:45]

Fasting is universally recognized as a means of gaining self-control, and in Islam, also a means of gaining closeness to God.

“O ye who believe! Fasting is prescribed to you as it was prescribed to those before you, that ye may (learn) self-restraint,”- [Al-Qur’an 2:183]

Prayer and fasting are therefore like the shields of the human soul, by which it can protect itself from the onslaughts of modern temptations, and lead a healthy, balanced and productive life.

Conclusion

To strike at the roots of addiction, a holistic view of the human soul is essential. Islam provides both a world-view and a spiritual system that elevates the human being by empowering the soul to fulfill the pine Mission. Besides prohibiting behaviors that might demean the human soul in any way, Islam prescribes practical ways of strengthening it.

For the soul that values the sweetness of pine Remembrance, capitulating to the base desires represents disobedience to the Creator as well as oppression against the self. It is through recognition of the purpose of creation can the soul achieve true freedom.


Filed Under: Featured, Islam & Society, Topics

Islamic Social Order

May 18, 2011 By admin 1,020 Comments

From a talk by Maulana Abul Ala Maududi

Equality of Mankind

Allah created a human couple to herald the beginning of the life of mankind on earth, and everybody living in the world today originates from this couple. The progeny of this couple were initially a single group with one religion and the same language. But as their numbers gradually increased, they spread all over the earth and, as a natural result of their diversification and growth, were divided into various tribes and nationalities. They came to speak different languages; their models of dress varied; and their ways of living also differed widely. climates and environments affected their color and physical features. All these differences exist in the world of reality and Islam does not seek to ignore them. But it disapproves of the prejudices which have arisen among mankind because of these differences in race, color, language and nationality. Islam makes clear to all men that they have come from the same parents and are therefore brothers and equal as human beings. Allah created a human couple to herald the beginning of the life of mankind on earth, and everybody living in the world today originates from this couple. The progeny of this couple were initially a single group with one religion and the same language. But as their numbers gradually increased, they spread all over the earth and, as a natural result of their diversification and growth, were divided into various tribes and nationalities. They came to speak different languages; their models of dress varied; and their ways of living also differed widely. climates and environments affected their color and physical features. All these differences exist in the world of reality and Islam does not seek to ignore them. But it disapproves of the prejudices which have arisen among mankind because of these differences in race, color, language and nationality. Islam makes clear to all men that they have come from the same parents and are therefore brothers and equal as human beings.

Islam says that if there is any real difference between man and man it cannot be one of race, color, country or language, but of ideas, beliefs and principles. Two children of the same mother, though they may be equal from the point of view of a common ancestry, will have to go their different ways in life if their beliefs and moral conduct differ. On the contrary, two people, one in the East and the other in the West, even though geographically and outwardly separated by vast distances, will tread the same path in life if they share the same code of moral behavior. On the basis of this fundamental tenet, Islam seeks to build a principled and ideological society very different from the racial, nationalistic and parochial societies existing in the world today.

The basis of co-operative effort among men in such a society is not the place of one’s birth but a creed and a moral principle. Anyone, if he believes in Allah as his Master and Lord and accepts the guidance of the Prophets as the law of his life, can join this community, whether he is a resident of America or Africa, whether he belongs to the Semitic race or the Aryan, whether he is black or fair-skinned, whether he speaks a European language or Arabic. All those who join this community will have the same rights and social status. They will not be subjected to any racial, national or class distinctions. No one will be regarded as high or low. There will be no untouchability. There will be no special restrictions upon them in making marriages, eating and drinking and social contracts. No one will be looked down upon because of his birth or work. No one will claim any distinctive rights by virtue of his caste, community or ancestry. Man’s merit will not depend on his family connections or riches, but only on whether he is better than others in moral conduct or excels others in piety and righteousness.

Such social order, transcending as it does geographical boundaries and the barriers of race, color and language, is appropriate for all parts of the world; on its foundations can be raised the universal brotherhood of man. In societies based on race or nationality only those people can join who belong to a particular race or nation, but in Islam anyone who accepts its creed and moral standards can become a member, possessing equal rights with everyone else. Those who do not accept this creed, while obviously not being received into the community, are treated with tolerance and humanity and guaranteed all the basic human rights.

It is clear that if two children of the same mother differ in their ideas, their ways of life will be different; but this does not mean that they cease to be brothers. In the same way, if two nations or two groups of people living in the same country differ in their fundamental beliefs, principles and ideology, their societies will also certainly differ; yet they will continue to share the common ties of humanity. Hence, the Islamic society offers to non-Muslims societies and groups the maximum social and cultural rights that can possibly be accorded.

Institution of the Family

The foremost and fundamental institution of human society is the family unit. A family is established by the coming together of a man and a woman, and their contact brings into existence a new generation. This then produces ties of kinship and community, which, in turn, gradually develop further ties. The family is an instrument of continuity which prepares the succeeding generation to serve human civilization and to discharge its social obligations with devotion, sincerity and enthusiasm. This institution does not merely recruit cadets for the maintenance of human culture, but positively desires that those who are to come will be better members of society. In this respect the family can be truly called the source of the progress, development, prosperity and strength of human civilization. Islam therefore devotes much attention to the issues relating to the family and strives to establish it on the healthiest and strongest possible foundations.

According to Islam the correct relationship between man and woman is marriage, a relationship in which social responsibilities are fully accepted and which results in the emergence of a family. Sexual permissiveness and other similar types of irresponsible behavior are not dismissed by Islam as mere innocent pastimes or ordinary transgressions. Rather, they are acts which strike at the very roots of society. hence, Islam holds all extra-marital sex as sinful and forbidden (haram) and makes it a criminal offence. Severe punishments are prescribed to deter would-be offenders.

Veil, which regulates the free association of men and women, restriction on erotic music and obscene pictures and the discouragement of the spread of all forms of pornography, are other weapons used in the fight to protect and strengthen the institution of the family.

Islam does not look on adult celibacy simply with disfavor, it calls on every young man to take upon himself the social responsibilities of married life just as his parents did in their time. Nor does Islam regard asceticism and lifelong celibacy merely as being of no benefit; it sees them as departures from the nature of man and as acts of revolt against the Divine scheme of things.

It also strongly disapproves of those rites, ceremonies or restrictions which tend to make marriage a difficult affair. Islam tries to make marriage the easiest and fornication the most difficult thing in society, and not vice versa as it is in most societies today. Hence, after debarring certain blood relatives from entering into matrimony with one another, it has legalized marriage with all other near and distant kith and kin. It has removed all distinctions of caste and community, and permitted matrimony of any Muslim with any other Muslim. It has urged that the mehr (dower) should be fixed at a figure which can be easily borne by both sides. it has dispensed with the necessity of priests and register offices. In an Islamic society marriage is a plain and simple ceremony which can be performed anywhere before two witnesses, though it is essential that the proceedings should not be kept secret. Society must know that the couple are now going to live as husband and wife.

Relatives and Neighbors

After the limited circle of the family, the next social sphere is that of kinship and blood relationship. Islam wants all those who are related through common parents, common brothers and sisters or marriage to be affectionate, cooperative and helpful to each other. In many places in the Qur’an good treatment of the near relations (Dhawi-al-qurba) is enjoined. In the Hadith of the Prophet, blessings and peace be on him, proper treatment of one’s blood relations has been strongly emphasized and counted among the highest virtues. A person who cold-shoulders his relations or treats them indifferently is looked on by Islam with great disfavor.

But this does not mean that it is an Islamic virtue to favor one’s relations. If such support or bias towards one’s relations results in injustice, it is repugnant to Islam, and is condemned as an act of Jahiliyyah (ignorance). Similarly, it is utterly against the principles of Islam for a government official or public servant to support his relations at public expense or to favor his kith and kin in his official decisions: this would actually be a sinful act. Fair treatment of one’s relations, as enjoined by Islam, should be at one’s own expense and within the limits of justice and fair-play.

After relations come one’s neighbors. The Qur’an has divided them into three categories: a neighbor who is also a relation; a neighbor who is a stranger; and a casual or temporary neighbor with whom one happens to live or travel for a certain time. All of them are deserving of sympathy, affection, kindness and fair treatment. The Prophet, blessings and peace be on him, once said that the right of the neighbor were so strongly emphasized by the angel Gabriel that he thought neighbors might even share one’s inheritance. (Bukhari and Muslim)

In one Hadith the Prophet, blessings and peace be on him, said: Anyone whose neighbor is not safe from his misdeeds is not a true Believer. (Bukhari and Muslim) Again, he said: A person who enjoys a meal while his neighbor is starving is not a true Believer. (Ahmad, Baihaqi). The Prophet, blessings and peace be on him, was once asked about the fate of a woman who performed many Prayers and fasted extensively and who was a frequent almsgiver, but whose neighbors complained of her abusive tongue. He said: Such a woman shall be in the Hell-fire. He was, then, asked about another woman who did not possess these virtues but did not trouble her neighbors either, and he said: She would be in Paradise. (Ahmad, Baihaqi) The Prophet, blessings and peace be on him, has laid so much emphasis on being considerate to neighbors that he has advised that whenever a Muslim brings home fruit for his children he should either send some to his neighbors as a gift, or at least take care not to offend them by throwing the peelings away outside their door. On another occasion he said: A man is really good if his neighbors regard him as such, and bad if they consider him so. (Ibn Majah)

Islam, therefore, requires all neighbors to be loving and helpful and to share each other’s sorrows and happiness. It enjoins them to establish social relations in which one can depend upon the other and regard his life, honor and property safe among his neighbors. A society in which two people, separated only by a wall, remain unacquainted with one another for years, and in which those living in the same area of a town have no interest or trust in one another, can never be called Islamic.

Next to these come the wider relationships covering the whole of society. The broad principles on which Islam wants people to structure their social lives are:

To co-operate in acts of goodness and righteousness and not to co-operate in acts of sin and injustice. (al-Maidah 5: 2)

One’s friendship should be only for seeking the pleasure of Allah: whatever you give should be given because Allah likes it to be given, and whatever you withhold should be withheld because Allah wishes to. (Trimidhi)

You are the best community ever raised among mankind; your duty is to command people to do good and prevent them from committing evil. (Al- ‘Imran 3: 110)

Do not think evil of each other, nor probe into each other’s affairs, nor incite one against the other. Avoid hatred and jealousy. Do not unnecessarily oppose each other. Always remain the slaves of Allah, and live as brothers to each other. (Muslim)

Do not help a tyrant, knowing him to be such. (Abu Daud)

To support the community when it is in the wrong is like falling into a well while catching the tail of your camel which was about to fall into it. (Abu Daud; Mishkawt)

No one among you shall be a true believer unless he likes for others what he likes for himself. (Bukhari and Muslim)

—–
This article has excerpts from a talk given by Maulana Abul Ala Maududi.

 

Filed Under: Islam & Society, Topics

Islam in the US Senate S. Con. Res. 43

May 18, 2011 By admin 1,209 Comments

The following is a concurrent resolution by the 96th Congress (1979) honoring the 14th century of Islam.

IN THE SENATE OF THE UNITED STATES October 4 (legislative day, June 21), 1979 .

Mr. Stone submitted the following concurrent resolution; which was referred to the Committee on Foreign Relations

October 15, 1979 Reported by Mr. Church, with an amendment to the preamble October 16 (legislative day, October 15), 1979 Considered and agreed to

CONCURRENT RESOLUTION

Honoring the Fourteenth Centennial of Islam.

Whereas November 21, 1979, marks the fourteen hundredth anniversary of the founding of Islam, an event which will be commemorated throughout the world, including in the Holy Cities of Islam; and

Whereas Islam is one of the mankind’s great religions in history and today, followed by approximately eight hundred million people encompassing every major region of the world; and

Whereas the word “Islam” derives from Abraham’s willingness to accept all God’s commands, an example profoundly meaningful to all monotheistic religions; and

Whereas the “House of Islam” extended gracious hospitality to philosophy and science in both the East and West when these scholarly disciplines were threatened by narrowness and prejudice, thus preserving this precious heritage for subsequent generations; and

Whereas Islam strives for a world-wide community which, in the words of one Islamic poet-philosopher, “does not recognize the superficial differences of race, or history, or nationality”; and

Whereas the United States and countries of the Islamic world hold in common many benefits and values including the concept of world community, which inspired the founding Fathers of our own country; and

Whereas international understanding and peace are strengthened by free and open communications among nations representing various historical and religious traditions:

Now, therefore, be it Resolved by the Senate (the House of Representatives concurring),

That Islam is hereby recognized for the rich religious, scientific, cultural, and artistic contribution it has made to mankind since its founding.

Sec. 2. The Congress takes note of the contribution of Islam and wishes success to the fourteenth centennial commemoration.

Sec. 3. On the occasion of this anniversary, the Congress pledges its efforts to achieve better understanding, reductions of tensions, and the pursuit of improved relations with all nations of the world.

Sec. 4. The Congress requests that the President forward a copy of this resolution to the Chief of State of each country where Islam has a significant following and where celebrations will mark this important international event.

 

Filed Under: Islam & Society, Topics

The Future of Islam in America

May 18, 2011 By admin 3 Comments

 

A Perspective on Obama’s Cairo Speech
by Saulat Pervez

Much has been said about the importance of President Obama’s historic address in Cairo on June 4, 2009, and most of it has to do with America and the Muslim world. However, we must not forget an important component of his speech, a group of people he referred to over and over again: American Muslims.

From offering greetings of peace on behalf of Muslim communities in the U.S. to quoting from the Qur’an to recognizing the varied contributions of Muslims in America, Obama made it clear that his gesture toward the Muslim world affirms the significance of Muslims at home.

More importantly, his timely speech not only re-establishes relations between America and Muslims, it also confirms Islam’s vibrant presence in the U.S. Further, his repeated underscoring of harmony and mutuality goes hand-in-hand with Islam’s peaceful and universal message, thereby heralding an even brighter future of Islam in America.

“Islam has always been a part of America’s story,” he stated. “And since our founding, American Muslims have enriched the United States. They have fought in our wars, served in government, stood for civil rights, started businesses, taught at our Universities, excelled in our sports arenas, won Nobel Prizes, built our tallest building, and lit the Olympic Torch.”

He acknowledged that there are nearly seven million American Muslims in the United States with above-average incomes and education. “There is a mosque in every state of our union, and over 1,200 mosques within our borders,” he added. He further defended the right of Muslim women to dress as they please. “The U.S. government has gone to court to protect the right of women and girls to wear the hijab, and to punish those who would deny it.”

Obama also addressed the fear and hostility between America and Muslims and called for “an end of this cycle of suspicion and discord” and emphasized the need to start on a new footing based on “mutual interest and mutual respect.” Moreover, as the President of the United States, he accepted his responsibility to “fight against negative stereotypes of Islam wherever they appear.”

He elaborated that America and Islam need not be exclusive or competitive. “Instead, they overlap, and share common principles – principles of justice and progress; tolerance and the dignity of all human beings… There must be a sustained effort to listen to each other; to learn from each other; to respect one another; and to seek common ground… The interests we share as human beings are far more powerful than the forces that drive us apart.”

In fact, his determination to break free from a tumultuous past and to build a present and future based on the commonalities between us proved to be the hallmark of his speech, aptly termed “A New Beginning” – signaling an exciting era for Muslims and non-Muslims across America.

“Islam is a part of America: let there be no doubt,” Obama declared. “And I believe that America holds within her the truth that regardless of race, religion, or station in life, all of us share common aspirations – to live in peace and security; to get an education and to work with dignity; to love our families, our communities, and our God. These things we share. This is the hope of all humanity.”

He also conceded that words alone are not sufficient to turn this vision into a reality. The needs of the people “will be met only if we act boldly in the years ahead; and if we understand that the challenges we face are shared, and our failure to meet them will hurt us all.”

Indeed, when read carefully, his thoughtful and thought-provoking speech presents the perfect blueprint for a harmonious relationship between people of all races and religions in the United States and beyond.

Since his campaign for the presidency, Obama has represented a breath of fresh air for Americans. Muslims particularly have been relieved by the end of Bush’s combative language and his polarizing the world into one-dimensional camps of good and bad, according of Imam Khalid Griggs of North Carolina.

“The collective self-esteem of Muslims appears to have risen exponentially after his speech. A President of the U.S. articulately addressed a world audience about Islam and Muslims in terms that embraced the past, present, and future positive contributions of Islam to the world without framing the discussion in a clash of civilizations context,” observed Imam Griggs.

“After eight years of collectively holding our breath, waiting for the next verbal and/or physical assault against Muslims to be waged by government officials, we were finally able to exhale and look at our fellow Americans without fearing that ‘our’ President had set us up, once again, for attack,” he said. At the same time, Imam Griggs stressed that Muslims need to work towards ensuring that Obama’s words are followed by action.

Lastly, he underscored that Muslims must capitalize on the reduced tension between American Muslims and non-Muslims by peacefully spreading the universal message of Islam.

Moreover, American Muslims must rise up to take the lead in implementing the various points as outlined by Obama, from Palestine to women’s rights to economic development. Instead of waiting for the administration to act on its words, American Muslims need to offer its help proactively in order to speed up the necessary changes, both tangible and intangible.

Truly, Obama’s historic address covered a lot of ground and has afforded Muslims living in the United States a wonderful opportunity to meaningfully engage the American population in a constructive dialogue. This, indeed, is the need of the hour and it is indispensable for the prosperous future of Islam in America.

Now is the time to bring the truth of Islam to the forefront; now is the time to build a future based on mutual respect and trust, and now is the time to focus on the things which bring both Muslims and non-Muslims in the U.S. together – and, among many others, the most basic fact is that we are all Americans.

 

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What is Sharia?

May 17, 2011 By admin 82 Comments

When the Prophet Muhammad, peace be upon him, first began to receive revelations from God in 610 A.D., little did he know that they were the foundational stones for the formation of a future state to be refined piecemeal over the next 23 years. Complete with divinely-ordained laws, a blueprint for societal balance, and individual and mutual sense of accountability, this ‘way of life’ called Islam was presented to the general public through the medium of the Prophet Muhammad, peace be upon him.

Compiled into one text, these revelations not only represent the holy book of the Muslims, the Quran, but are also the foremost source for Shariah, Islamic law. Shariah, quite literally, translates to a path leading to a water hole; figuratively, it refers to a clear, straight path. It is a body of laws derived mainly from the Quran and the example of the Prophet Muhammad, along with interpretive, analogous, and/or consensus rulings for cases where no evidence could be sought from primary sources.

The laws as present in the Quran are binding on Muslims and range from prohibition of alcohol consumption and gambling to setting punishments for such grave offences as adultery and theft. Due to their divine origin – directly conveyed to the Prophet Muhammad, peace be upon him, via the Archangel Gabriel – these laws are considered timeless and perfect, geared towards the success, welfare and peace of humans in this world and in the hereafter.

Shariah: Commitment to Justice

While many people, both Muslim and non-Muslim, vocally and vehemently oppose Shariah law today in favor of western legal systems, this disenchantment tends to stem from either an unclear understanding of Shariah or instances of misuse of justice ‘back home’ in the name of Shariah. In fact, the establishment and internalization of justice is the supreme purpose of Shariah.

The Quran states,

“Thus we have made you a just nation, that you be witnesses over mankind, and the Messenger be a witness over you.” [2:143]

Further, God commands His believers:

“O you who believe! Stand out firmly for justice, as witnesses to Allah, even though it be against yourselves, or your parents, or your kin, be he rich or poor. Allah is a better Protector to both. So follow not the lusts, lest you avoid justice; and if you distort your witness or refuse to give it, verily Allah is Ever Well-Acquainted with what you do.” [4:135]

This emphasis and primacy of justice was not at all introduced with Islam. In Ch. 57, verse 25, God reminds humankind of the fact that a similar code was brought by each previous Messenger so that “mankind may keep up justice.” Therefore, it is no surprise that the Code of Hammurabi and the Law of Moses also contain retributive laws, similar to the famous “an eye for an eye, a tooth for a tooth.” Islam, however, adds the following corollary to such retribution: It is better to forgive.

Today, such laws are considered by the vast majority to be medieval, barbaric, and primitive. Shariah, likewise, is intractably coupled with merciless executions, chopping off of hands and honor killings. To accept such a generalized picture of an intensely complex legal system is not only a disservice to divinely ordained laws but also to one’s own sense of integrity. Here is an attempt to dispel some of the prevalent myths and to bring clarity to the matter.

Shariah Law & Common Law
Similarities Differences
Both are committed to facilitating basic values such as freedom, human rights, justice, and equality Shariah has its roots in the divine writ, whereas common law has been founded by human beings
Consultation and participation in the process of decision-making (shura) is common to both laws Certain laws and restrictions are timeless under Shariah (for instance, prohibition of alcohol) whereas laws and amendments can change at will within a democracy (for example, the ratification of the National Prohibition Act in the U.S. in 1919 and its official rejection in 1933)
Shariah Law and Common Law both espouse the establishment of a federal government, the declaration of freedom of religion, the abolishment of guilt by association, the right to privacy, and matters such as common defense and peacemaking Shariah encompasses all areas of life, such as dietary laws, dress code, finances, and social aspects. On the other hand, common law leaves matters such as dietary considerations, relationships between consenting adults, dress code, and economic choices to the preferences of individuals

Shariah: Dispelling Myths

The Shariah consists of hadd punishments and tazir punishments; hadd crimes overstep God’s set boundaries whereas tazir crimes are committed against the society. The following hadd crimes have been mentioned in the Quran: murder, apostasy from Islam, theft, adultery, defamation, robbery and consumption of alcohol. Common tazir crimes include bribery, selling tainted or defected products, treason, usury, selling obscene pictures, etc.

While hadd punishments have been fixed in the Quran (such as retributive killing for murder and the chopping off of a limb for theft) there are many safeguards which are important to mention. For any punishment to actually take place, proof must be provided, along with a confession of the crime or witnesses testifying against the criminal. If any of these is not sufficiently presented, Islamic law requires the hadd crime to be treated as a tazir crime. (Some of the tazir penalties include counseling, fines, flogging, confinement, etc.)

Similarly, if a thief could prove that he/she only stole because of need, then the Muslim society would be held at fault and made to supply that need and there would be no hadd punishment. Likewise, to be penalized for adultery, the couple had to be actually witnessed performing the physical act by four people who were in a position to identify both parties without doubt. A retributive punishment may be averted if the aggrieved party is willing to accept blood money or to forgive, which is always considered to be the higher road to take in Islam. Indeed, to forgive when one has the right to take revenge is the ultimate form of mercy, and God reminds us over and over in the Quran that while He is Just, He is also Most Merciful.

Forced marriages and honor killings are not at all sanctioned in Islam. Unfortunate deaths caused as a result of misguided emotions must be dealt by the courts as murders. Rape is a serious offence which is punishable by death, penalizing the rapist and exonerating the raped woman, treating her as a victim, not a complicit. An example from the time of the Prophet Muhammad, peace be upon him, states:

Waa’il ibn Hujr said that a woman, in the life of the Messenger of Allah (pbuh), [left her home] intending to go for Prayer [in the mosque] when a man seized her and had sexual intercourse with her, while she let out a scream [for help]. The man fled, and she told a man what had occurred. A group from amongst the companions were told of this and they chased the man down eventually capturing who they thought it was, and took the man to her. She said that it was the man who did it to her. They took the man (and the woman) to the Messenger of Allah (pbuh), and the man was asked, ‘Who is the man who did this to her?’ The man confessed saying, “I am the one who did this to her, Oh Messenger of Allah!” The Prophet Muhammad (pbuh) said to the woman, “You can leave, for Allah has forgiven you!” The Prophet (pbuh) said to the man, “Your words are sound.” So he said regarding the man who had raped her, “Stone him”. He added, “This man has [sincerely] repented a type of repentance that if the people of Medinah would perform, Allah would accept it from them.” (Abu Dawood, Tirmidhi)

As for stoning, Ruqayyah Waris Maqsood, a British Muslim author, explains, “The correct Islamic method of stoning according to Sharia was similar to that advised by the Pharisees at the time of Jesus – the person was held fast in a fixed position, and a stone or rock that it took two men to lift (i.e. was heavier than one man could lift alone) was to be dropped to crush the head – it was not someone tied to a post and rocks hurled at them, although this has been done in some cultures. The point was that if someone really had to be executed, it was to be done swiftly, with as little torture as possible, and usually publicly so that no vindictive person could do further nasty things behind the scenes and get away with it.”

Muslim women may seek divorce for grounds such as physical or mental abuse, adultery, abandonment, etc. Alternatively, they may demand a divorce for no specific reason. With regards to custody of children, Shariah permits parents to decide with whom the children will stay; if they are in disagreement, they may allow the courts to decide for them. In principle, however, mothers are preferred as the primary caretakers for young children, and fathers are required to provide for the children’s maintenance.

When it comes to inheritance, a woman’s share is half of man, but then she has no obligation to make any financial contribution to the family, even if she earns; her money is hers to keep because her husband, father, or brother are required to provide for her. It is often claimed that a woman’s testimony is half of a man – the vast majority of scholars view that verse of the Quran [2:282] in the context in which it occurs, i.e., testimony regarding financial transactions. Jamal Badawi, professor at Saint Mary’s University in Halifax, Nova Scotia, Canada, explains that this verse cannot be taken as a general ruling because at another instance [24:6-9], no such exception has been made.

Non-Muslims under Sharia are protected so long as they pay the annual tax, called jizya; this is a nominal amount which does not amount to hardship on the part of the taxed. Their houses of worship are safe under Islamic rule and they are free to worship their religion; in other words, Sharia does not apply any pressure on them to change their existing religion to Islam. However, non-Muslims may voluntarily accept Islam. The various pockets of minorities which continue to exist in Muslim countries are testimony enough against theories which propound forced conversions and persecution of non-Muslims.

Unfortunately, in certain instances, Muslim countries have misused Shariah laws as a tool for injustice; however, that does not discount the fact that Shariah laws were sent by God to establish justice on earth. God’s original laws and their intent remain free of human blemishes. At the same time, authoritative people in the West are recognizing the value of Shariah laws and the right for Muslims to have a choice in legal disputes regarding family and finances: from the Archbishop of Canterbury Rowan Williams to Ontario’s former attorney general Marion Boyd to Harold Koh, the Legal Adviser of the Department of State under the Obama administration.

Shariah: Its Essence

Khurram Murad, the late Director General of the The Islamic Foundation, Leicester, United Kingdom, explained that there are there major themes in the Shariah: the individual, the society, and the family. The individual has been given a free will, a moral sense, and the knowledge of right and wrong; now it is up to him/her to realize his/her potential. Meanwhile, the individual’s life, person, freedom, possessions and honor are sacred and inviolable. Anyone who transgresses against her/him is subject to punishment, depending on the crime committed. Similar levels of justice are expected of her/him, if s/he commits the crime or is complicit.

The individual(s) must take responsibility for his/her action – this is why confessing is so important in the Shariah. And, the harsh punishments commensurate to the crime (whether hadd or tazir) serve as a definitive deterrent, specifically, for the criminal and his/her future actions and, generally, for the public. In fact, because the hadd punishments are already known, their severity is a preventive measure against lawlessness to begin with.

After all, it is the larger society which is at stake. “Social order and individual good should stand together – fused and harmonious, co-operating and assisting, interdependent and in equilibrium,” wrote Khurram Murad. He further likened family as the “cradle of the individual and the cornerstone of society.” Indeed, Shariah places great importance on all three of these “institutions” of life, returning over and over again to both the accountability and the inviolability of the human being – for a crime is essentially an act of injustice to one’s own self, a sin against God.

God wishes for us to internalize His concept of justice so we do not upset the balance of society. Our accountability with God will take place on the Day of Judgment, but our accountability to aggrieved members of the society has to be carried out here. While some may continue to deem such punishments as harsh, Muslims believe they are divinely-ordained by the Creator for His creation.

“And perfect are the words of your Lord in truthfulness, and in justice; His words cannot be changed; He is the All-hearing, All-knowing.” [6:116]

By Saulat Pervez

Blurbs:
  1. When the people of his tribe wanted pardon for a wealthy woman who was convicted of theft, Prophet Muhammad responded to their pleas thus: “O people, those who have gone before you were destroyed, because if any one of high rank committed theft amongst them, they spared him; and it anyone of low rank committed theft, they inflicted the prescribed punishment upon him. By Allah, if Fatima, daughter of Muhammad, were to steal, I would have her hand cut off.”
  2. Umar, the second caliph of Islam, was renowned for his justice. Any of his subjects could easily approach him with a question or a complaint. He also used to walk through his city in the cover of darkness to check upon the welfare of his subjects. Once, when he tried to put a ceiling on the marriage-gift given to women upon marriage, a woman stood up and protested, using a Quranic verse as support. He recognized his mistake and responded, “The woman is right and Umar is wrong.”
  3. When the third caliph, Uthman, sued a Jewish subject in court for stealing his court of armor, the caliph lost the case because the judge dismissed his two sons’ testimonies as insufficient due to their direct relationship to him.

 

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