!n lact, according to thc traditions, thc grandlathcr ol Òmar 8in Abdulaziz (Òmar 8in AlKhatab) himscll was supposcdly vchcmcntly opposcd to thc writing ol any rcligious rcvclations cxccpt thc Scripturc: | Jami’ 8ayan Al!lm, Pagc 67| Òmar 8in Al Khatab is rccordcd as saying: “! wantcd to writc thc traditions (Sun’an), and ! rcmcmbcrcd a pcoplc who wcrc bclorc you, thcy wrotc othcr books to lollow and abandoncd thc book ol God. And ! will ncvcr, ! swcar, rcplacc God’s book with anything.” Òncc thc ban on Hadith was liltcd, narrators bcgan rccording and gathcring sayings and compilations rclatcd to thc Prophct and his companions. Tcrc arc countlcss storics ol how this ncw pastimc bccamc an obscssion lor somc narrators in that thcy would journcy lor hundrcds ol milcs just to find onc Hadith. Tc Hadith gathcring and writing pcriod continucd lor ncarly 150 ycars altcr thc lilting ol thc ban and today’s most widcly rccognizcd Hadith collcctions arc thc lollowing: 8ukhari 870 A.Ð., Muslim 875 A.Ð., Abu Ðaud 888 A.Ð., Tirmidhi 883 A.Ð., !bn Maja 886 A.Ð., and AlNisa’i 915 A.Ð. !n his opcning statcmcnt, 8ukhari (considcrcd to bc thc first sourcc ol authcntic Hadith) statcs that, out ol ncarly 1 Tc justification givcn by today’s scholars lor thc 60ycar ban is that thc Prophct lcarcd that thc Hadith and Scripturc would bc intcrminglcd into onc book and this ban was simply a salcguard. Tnv N~:uv~i Rvvuniic 14 600,000 Hadiths known to him at thc timc, hc could only rccord 7,397 as bcing authcntically narratcd by thc Prophct. Tis is rccognition by thc collcctors ol Hadith that at lcast 98.76 pcrccnt ol what pcoplc wcrc attributing back to thc Prophct was, at bcst, opcnly dubious! Hadith Controversy 8ukhari and thosc who camc altcr him spcnt countlcss ycars in thc rcscarch and filtration ol Hadiths until it bccamc its own scicncc. 8ukhari rclicd upon thc scll invcntcd art ol ‘Transmission.’ Tus, hc statcs that a Hadith may bc acccptcd as authcntic or rcjcctcd as lalsc bascd on who thc Hadith comcs lrom. 8ukhari madc a study ol thc companions ol thc Prophct and cstablishcd that thc majority was trustworthy. Hc thcn askcd about pcoplc who camc altcr thcm, and, il thc lccdback appcarcd to bc positivc and crcdiblc, thcn 8ukhari had no problcm acccpting a Hadith transmittcd lrom that sourcc. To gct ovcr thc obstaclc ol objcctivity and thc lact that Hadith was bascd mainly on hcarsay, 8ukhari lound a vcry convcnicnt Hadith (which Sunni scholars still quotc) attributing supcrhuman abilitics to thc companions ol thc Prophct and all Hadith narrators which cnablcd thcm to mcmorizc word lor word thc sayings ol thc Prophct without any lorgctlulncss or distortion. Tc irony hcrc lics not only in thc Hadith collcction and rccording, but, morc importantly, in thc outright challenge to thc asscrtion ol God that His 8ook is lully dctailcd and complctc rcgarding all mattcrs ol laith and law that wc rcquirc. ¡vcn thc choicc ol thc word ‘Hadith’ is an act ol dcfiancc against God as Hc has said in His 8ook: “Tese are the revelations of God, We recite them to you with the truth. So, in which narrative (Hadith) 15 Tnv N~:uv~i Rvvuniic after God and His revelations do they believe? Woe to every sinful fabricator. He hears the revelations of God being recited to him, then he persists arrogantly, as if he never heard them. Give him news of a painful retribution.” (Qur’an 45:6-8) !t is as il thc Sunnis arc answcring thc qucstion ol God by saying, ‘Vc bclicvc in 8ukhari and Muslim and Abu Ðaud and Tirmidhi and !bn Maja and AlNisa’i ctc.’ 8clow is a small “sampling” ol Hadiths 2 that Sunni Muslims claim arc a sourcc ol divinc inspiration along with thc Scripturc: |8ukhari \olumc 1, 8ook 9, Numbcr 490: Narratcd Aisha| Tc things which annul thc praycrs wcrc mcntioncd bclorc mc. Tcy said, “Praycr is annullcd by a dog, a donkcy and a woman (il thcy pass in lront ol thc praying pcoplc).” ! said, “You havc madc us (i.c. womcn) dogs. ! saw thc Prophct praying whilc ! uscd to lic in my bcd bctwccn him and thc Qibla. Vhcncvcr ! was in nccd ol somcthing, ! would slip away. For ! dislikcd to lacc him.” |8ukhari, \olumc 4, 8ook 54, Numbcr 464: Narratcd !mran bin Husain| Tc Prophct said, “! lookcd at Paradisc and lound poor pcoplc lorming thc majority ol its inhabitants, and ! lookcd at Hcll and saw that thc majority ol its inhabitants wcrc womcn.” |8ukhari, \olumc 3, 8ook 48, Numbcr 826: Narratcd Abu Said AlKhudri| Tc Prophct said, “!sn’t thc witncss ol a woman cqual to hall ol that 2 Tc lull Hadith compilation can bc rcad onlinc at: http://www.usc.cdu/dcpt/MSA/lundamcntals/hadithsunnah/ Tnv N~:uv~i Rvvuniic 16 ol a man:” Tc womcn said, “Ycs.” Hc said, “Tis is bccausc ol thc dcficicncy ol a woman’s mind.” |8ukhari, \olumc 4, 8ook 56, Numbcr 829: Narratcd Abdullah bin Umar| Tc Jcws camc to Allah’s Apostlc and told him that a man and a woman lrom amongst thcm had committcd illcgal scxual intcrcoursc. Allah’s Apostlc said to thcm, “Vhat do you find in thc Torah (old Tcstamcnt) about thc lcgal punishmcnt ol ArRajm (stoning):” Tcy rcplicd, (8ut) wc announcc thcir crimc and lash thcm.” Abdullah bin Salam said, “You arc tclling a lic, Torah contains thc ordcr ol Rajm.” Tcy brought and opcncd thc Torah and onc ol thcm solaccd his hand on thc \crsc ol Rajm and rcad thc vcrscs prcccding and lollowing it. Abdullah bin Salam said to him, “Lilt your hand.” Vhcn hc liltcd his hand, thc \crsc ol Rajm was writtcn thcrc. Tcy said, “Muhammad has told thc truth, thc Torah has thc \crsc ol Rajm. Tc Prophct thcn gavc thc ordcr that both ol thcm should bc stoncd to dcath. (Abdullah bin Umar said, “! saw thc man lcaning ovcr thc woman to shcltcr hcr lrom thc stoncs.” ) |8ukhari, \olumc 1, 8ook 8, Numbcr 387: Narratcd Anas bin Malik| Allah’s Apostlc said, “! havc bccn ordcrcd to fight thc pcoplc till thcy say: ‘Nonc has thc right to bc worshippcd but Allah.’ And il thcy say so, pray likc our praycrs, lacc our Qibla and slaughtcr as wc slaughtcr, thcn thcir blood and propcrty will bc sacrcd to us and wc will not intcrlcrc with thcm cxccpt lcgally and thcir rcckoning will bc with Allah.” 17 Tnv N~:uv~i Rvvuniic |8ukhari, \olumc 5, 8ook 58, Numbcr 227: Narratcd Abbas bin Malik|…Gabricl rcmarkcd, ‘Tis is thc !slamic rcligion which you and your lollowcrs arc lollowing.’ Tcn thc praycrs wcrc cnjoincd on mc: Tcy wcrc filty praycrs a day. Vhcn ! rcturncd, ! passcd by Moscs who askcd (mc), ‘ Vhat havc you bccn ordcrcd to do:’ ! rcplicd, ‘! havc bccn ordcrcd to offcr filty praycrs a day.’ Moscs said, ‘Your lollowcrs cannot bcar filty praycrs a day, and by Allah, ! havc tcstcd pcoplc bclorc you, and ! havc tricd my lcvcl bcst with 8ani !sracl (in vain). Go back to your Lord and ask lor rcduction to lcsscn your lollowcrs burdcn.’ So ! wcnt back, and Allah rcduccd tcn praycrs lor mc. Tcn again ! camc to Moscs, but hc rcpcatcd thc samc as hc had said bclorc. Tcn again ! wcnt back to Allah and Hc rcduccd tcn morc praycrs. Vhcn ! camc back to Moscs hc said thc samc, ! wcnt back to Allah and Hc ordcrcd mc to obscrvc tcn praycrs a day. Vhcn ! camc back to Moscs, hc rcpcatcd thc samc advicc, so ! wcnt back to Allah and was ordcrcd to obscrvc fivc praycrs a day. |8ukhari, \olumc 4, 8ook 54, Numbcr 460: Narratcd Abu Huraira| Allah’s Apostlc said, “!l a husband calls his wilc to his bcd (i.c. to havc scxual rclation) and shc rcluscs and causcs him to slccp in angcr, thc angcls will cursc hcr till morning.” |8ukhari, \olumc 4, 8ook 54, Numbcr 540: Narratcd Abdullah bin Umar| Allah’s Apostlc ordcrcd that thc dogs should bc killcd. |8ukhari, \olumc 4, 8ook 54, Numbcr 539: Tnv N~:uv~i Rvvuniic 18 Narratcd Abu Talha| Tc Prophct said, “angcls do not cntcr a housc witch has cithcr a dog or a picturc in it.” |8ukhari, \olumc 4, 8ook 54, Numbcr 509: Narratcd Abu Huraira| Tc Prophct said, “Yawning is lrom Satan and il anyonc ol you yawns, hc should chcck his yawning as much as possiblc, lor il anyonc ol you (during thc act ol yawning) should say: ‘Ha’, Satan will laugh at him.” |8ukhari, \olumc 4, 8ook 54, Numbcr 513: Narratcd Abu Qatada| Tc Prophct said, “A good drcam is lrom Allah, and a bad or cvil drcam is lrom Satan, so il anyonc ol you has a bad drcam ol which hc gcts alraid, hc should spit on his lclt sidc and should scck Rclugc with Allah lrom its cvil, lor thcn it will not harm him.” |8ukhari, \olumc 4, 8ook 54, Numbcr 516: Narratcd Abu Huraira| Tc Prophct said, “!l anyonc ol you rouscs lrom slccp and pcrlorms thc ablution, hc should wash his nosc by putting watcr in it and thcn blowing it out thricc, bccausc Satan has staycd in thc uppcr part ol his nosc all thc night.” |8ukhari, \olumc 4, 8ook 54, Numbcr 518: Narratcd !bn Umar| That hc hcard thc Prophct dclivcring a scrmon on thc pulpit saying, “Kill snakcs and kill ÐhuatTulyatain (i.c. a snakc with two whitc lincs on its back) and Abtar (i.c. a snakc with short or mutilatcd tail) lor thcy dcstroy thc sight ol onc’s cycs and bring 19 Tnv N~:uv~i Rvvuniic about abortion.” (Abdullah bin Umar lurthcr addcd): Òncc whilc ! was chasing a snakc in ordcr, to kill it, Abu Lubaba callcd mc saying: “Ðon’t kill it,” ! said. “Allah’s Apostlc ordcrcd us to kill snakcs.” Hc said, “8ut latcr on hc prohibitcd thc killing ol snakcs living in thc houscs.” (AzZubri said. “Such snakcs arc callcd AlAwamir.”) |8ukhari, \olumc 4, 8ook 54, Numbcr 522: Narratcd Abu Huraira| Tc Prophct said, “Vhcn you hcar thc crowing ol cocks, ask lor Allah’s 8lcssings lor (thcir crowing indicatcs that) thcy havc sccn an angcl. And whcn you hcar thc braying ol donkcys, scck Rclugc with Allah lrom Satan lor (thcir braying indicatcs) that thcy havc sccn a Satan.” |8ukhari, \olumc 4, 8ook 56, Numbcr 841: Narratcd Abu Huraira| ! said, “Ò Allah’s Apostlc! ! hcar many narrations lrom you but ! lorgct thcm.” Hc said, “Sprcad your covcring shcct.” ! sprcad my shcct and hc movcd both his hands as il scooping somcthing and cmpticd thcm in thc shcct and said, “Vrap it.” ! wrappcd it round my body, and sincc thcn ! havc ncvcr lorgottcn a singlc Hadith. |8ukhari, \olumc 4, 8ook 54, Numbcr 524: Narratcd Abu Huraira| Tc Prophct said, “A group ol !sraclitcs wcrc lost. Nobody knows what thcy did. 8ut ! do not scc thcm cxccpt that thcy wcrc curscd and changcd into rats, lor il you put thc milk ol a shccamcl in lront ol a rat, it will not drink it, but il thc milk ol a shccp is put in lront Tnv N~:uv~i Rvvuniic 20 ol it, it will drink it.” ! told this to Ka’b who askcd mc, “Ðid you hcar it lrom thc Prophct :” ! said, “Ycs.” Ka’b askcd mc thc samc qucstion scvcral timcs., ! said to Ka’b. “Ðo ! rcad thc Torah: (i.c. ! tcll you this lrom thc Prophct.)” |8ukhari, \olumc 4, 8ook 54, Numbcr 525: Narratcd Aisha| Tc Prophct callcd thc Salamandcr, a mischicldocr. ! havc not hcard him ordcring that it should bc killcd. Saad bin Vaqqas claims that thc Prophct ordcrcd that it should bc killcd. |Muslim, 8ook 008, Numbcr 3371| Abu Sirma said to Abu Sa’id al Khadri (Allah hc plcascd with him): Ò Abu Sa’id, did you hcar Allah’s Mcsscngcr (may pcacc bc upon him) mcntioning al‘azl: Hc said: Ycs, and addcd: Vc wcnt out with Allah’s Mcsscngcr (may pcacc bc upon him) on thc cxpcdition to thc 8i’lMustaliq and took captivc somc cxccllcnt Arab womcn, and wc dcsircd thcm, lor wc wcrc suffcring lrom thc abscncc ol our wivcs, (but at thc samc timc) wc also dcsircd ransom lor thcm. So wc dccidcd to havc scxual intcrcoursc with thcm but by obscrving ‘azl (Vithdrawing thc malc scxual organ bclorc cmission ol scmcn to avoidconccption). 8ut wc said: Vc arc doing an act whcrcas Allah’s Mcsscngcr is amongst us, why not ask him: So wc askcd Allah’s Mcsscngcr (may pcacc bc upon him), and hc said: !t docs not mattcr il you do not do it, lor cvcry soul that is to bc born up to thc Ðay ol Rcsurrcction will bc born. |Muslim, 8ook 030, Numbcr 5839| Abu Huraira rcportcd Allah’s Mcsscngcr (may pcacc bc upon 21 Tnv N~:uv~i Rvvuniic him) as saying: Tc crying ol thc child (starts) whcn thc satan bcgins to prick him. |8ukhari, \olumc 2, 8ook 23, Numbcr 423: Narratcd Abu Huraira| Tc angcl ol dcath was scnt to Moscs and whcn hc wcnt to him, Moscs slappcd him scvcrcly, spoiling onc ol his cycs. Tc angcl wcnt back to his Lord, and said, “You scnt mc to a slavc who docs not want to dic.” Allah rcstorcd his cyc and said, “Go back and tcll him (i.c. Moscs) to placc his hand ovcr thc back ol an ox, lor hc will bc allowcd to livc lor a numbcr ol ycars cqual to thc numbcr ol hairs coming undcr his hand.” (So thc angcl camc to him and told him thc samc). Tcn Moscs askcd, “Ò my Lord! Vhat will bc thcn:” Hc said, “Ðcath will bc thcn.” Hc said, “(Lct it bc) now.” Hc askcd Allah that Hc bring him ncar thc Sacrcd Land at a distancc ol a stonc’s throw. Allah’s Apostlc (p.b.u.h) said, “Vcrc ! thcrc ! would show you thc gravc ol Moscs by thc way ncar thc rcd sand hill.” |8ukhari \olumc 5, 8ook 57, Numbcr 15: Narratcd Abu Huraira| ! hcard Allah’s Apostlc saying, “Vhilc a shcphcrd was amongst his shccp, a woll attackcd thcm and took away onc shccp. Vhcn thc shcphcrd chascd thc woll, thc woll turncd towards him and said, ‘ Vho will bc its guard on thc day ol wild animals whcn nobody cxccpt ! will bc its shcphcrd.’ And whilc a man was driving a cow with a load on it, it turncd towards him and spokc to him saying, ‘! havc not bccn crcatcd lor this purposc, but lor plowing.’ Tc pcoplc said, “Glorificd bc Allah.” Tnv N~:uv~i Rvvuniic 22 Tc Prophct said, “8ut ! bclicvc in it and so docs Abu 8akr and Umar.” |8ukhari \olumc 5, 8ook 58, Numbcr 188: Narratcd Amr bin Maimun| Ðuring thc prc !slamic pcriod ol ignorancc ! saw a shcmonkcy surroundcd by a numbcr ol monkcys. Tcy wcrc all stoning it, bccausc it had committcd illcgal scxual intcrcoursc. ! too, stoncd it along with thcm. |8ukhari \olumc 4, 8ook 54, Numbcr 528: Narratcd Aisha| Tc Prophct ordcrcd that a shorttailcd or mutilatcdtailcd snakc (i.c. Abtar) should bc killcd, lor it blinds thc onlookcr and causcs abortion.” |8ukhari \olumc 4, 8ook 54, Numbcr 492: Narratcd Abdullah| !t was mcntioncd bclorc thc Prophct that thcrc was a man who slcpt thc night till morning (altcr sunrisc). Tc Prophct said, “Hc is a man in whosc cars (or car) Satan had urinatcd.” |8ukhari \olumc 4, 8ook 54, Numbcr 505: Narratcd by Abu Huraira| Tc Prophct said, “Vhcn thc call lor thc praycr is pronounccd, Satan takcs to his hccls, passing wind with noisc, Vhcn thc call lor thc praycr is finishcd, hc comcs back. And whcn thc !qama is pronounccd, hc again takcs to his hccls, and altcr its complction, hc rcturns again to intcrlcrc bctwccn thc (praying) pcrson and his hcart, saying to him. ‘Rcmcmbcr this or that thing.’ till thc pcrson lorgcts whcthcr hc has offcrcd thrcc or lour Rakat: so il onc lorgcts whcthcr hc has praycd thrcc or lour Rak’at, hc 23 Tnv N~:uv~i Rvvuniic should pcrlorm two prostrations ol Sahu (i.c. lorgctlulncss).” |Malik’s Muwatta 8ook 49, Numbcr 49.4.6| Yahya rclatcd to mc lrom Malik lrom !bn Shihab lrom Abu 8akr ibn Ubaydullah ibn Abdullah ibn Umar lrom Abdullah ibn Umar that thc Mcsscngcr ol Allah, may Allah blcss him and grant him pcacc, said, “Vhcn you cat, cat with your right hand and drink with your right hand. Shaytan cats with his lclt hand and drinks with his lclt hand.” |8ukhari \olumc 1, 8ook 6, Numbcr 299: Narratcd AbdurRahman bin AlAswad| (on thc authority ol his lathcr) Aisha said: “Vhcncvcr Allah’s Apostlc wantcd to londlc anyonc ol us during hcr pcriods (mcnscs), hc uscd to ordcr hcr to put on an !zar and start londling hcr.” Aisha addcd, “Nonc ol you could control his scxual dcsircs as thc Prophct could.” |8ukhari, \ol. 1, 8ook 11, Numbcr 626: Narratcd Abu Huraira| Tc Prophct said, “No praycr is hardcr lor thc hypocritcs than thc Fajr and thc ‘!sha’ praycrs and il thcy kncw thc rcward lor thcsc praycrs at thcir rcspcctivc timcs, thcy would ccrtainly prcscnt thcmsclvcs (in thc mosqucs) cvcn il thcy had to crawl.” Tc Prophct addcd, “Ccrtainly ! dccidcd to ordcr thc Mu’adhdhin (callmakcr) to pronouncc !qama and ordcr a man to lcad thc praycr and thcn takc a firc flamc to burn all thosc who had not lclt thcir houscs so lar lor thc praycr along with thcir houscs.” Tnv N~:uv~i Rvvuniic 24 |8ukhari, \olumc 1, 8ook 4, Numbcr 215: Narratcd !bn ‘Abbas| Òncc thc Prophct, whilc passing through onc ol thc gravcyards ol Mcdina or Mccca hcard thc voiccs ol two pcrsons who wcrc bcing torturcd in thcir gravcs. Tc Prophct said, “Tcsc two pcrsons arc bcing torturcd not lor a major sin (to avoid).” Tc Prophct thcn addcd, “Ycs! (thcy arc bcing torturcd lor a major sin). !ndccd, onc ol thcm ncvcr savcd himscll lrom bcing soilcd with his urinc whilc thc othcr uscd to go about with calumnics (to makc cnmity bctwccn lricnds). Tc Prophct thcn askcd lor a grccn lcal ol a datcpalm trcc, brokc it into two picccs and put onc on cach gravc. Òn bcing askcd why hc had donc so, hc rcplicd, “! hopc that thcir torturc might bc lcsscncd, till thcsc gct dricd.” Consequences of Hadith God has crcatcd human bcings with thc natural tcndcncy to bc inquisitivc. Anyonc who has childrcn will know that no mattcr how many timcs you tcll thcm “No,” thcy will still try to touch a hot pan or play with thc dirt to undcrstand why thcy should not do so. Tis is a Godgivcn mcchanism that our Lord has bcstowcd on thc human spccics to lct us cxpand our knowlcdgc and only acccpt what wc undcrstand and know. Vhcn Muslims wcrc ruling and living by thc Scripturc, thcrc was no problcm as lar as this natural human curiosity was conccrncd sincc thc Scripturc had an answcr to cvcry qucstion. Muslims, at that timc, witncsscd an intcllcctual growth unparallclcd in thc history ol Arabia or cvcn thc world. Tc tcndcncy to qucstion and inquirc lcd Muslim childrcn to maturc in an atmosphcrc whcrc no kind ol knowlcdgc was off limits and nothing was taboo. Tcir 25 Tnv N~:uv~i Rvvuniic qucstioning simply dcvclopcd an unlimitcd appctitc lor inlormation which was lcd by discovcrics and advanccmcnts in just about cvcry ficld. Tcn, a lcw hundrcd ycars altcr thc Scripturc had luclcd this intcllcctual rcvolution in Muslim minds, somcthing bcgan to changc. Tc widcsprcad introduction ol Hadith and its popu larity with thc masscs bcgan to slowly crcatc problcms in thc cducation ol Muslims. Hadith could not comparc to thc Scripturc duc to its inlcrior languagc and its rcliancc on hcarsay and conjccturc. Vc can only assumc that thc cstablishmcnt ol thc Hadiths as a sourcc ol !slamic law was achicvcd many ccnturics altcr its initial gathcring by having it lorccd on thc Muslim masscs and without tolcrating scrutiny or qucstioning ol it. Muslim school childrcn today arc taught lrom a vcry carly agc not to qucstion or ovcranalyzc thcir sourccs ol rcligion, as thcy might incur thc wrath ol God and walk thc path to Hcll in doing so. Studcnts’ qucstions arc typically answcrcd with statcmcnts likc “Arc you bcttcr than thc companions ol thc Prophct or prcvious gcncrations:” Òr, “Ðo you hatc thc Prophct so much that you qucstion his words (Sunnah):” Vith such a barragc ol accusations, young Muslim studcnts lcarn carly on to simply acccpt what thcy arc told without thought or qucstions. And, whcn thcy arc oldcr, thcy simply rcpcat to thc youngcr gcncration what was told to thcm about going to Hcll and disrcspccting thc Prophct. Tc cyclc continucs! Howcvcr, thc truth rcmains that thc vcry samc pcoplc who wcrc dissatisficd with thc Scripturc whcn it was rcvcalcd managcd to gct thcir way in thc cnd and to translorm !slam into no morc than a shcll ol its lormcr scll by crcating ncw laws and rulcs that wcrc dcsigncd to Tnv N~:uv~i Rvvuniic 26 undcrminc thc systcm thc Scripturc had brought, and to qucll intcllcctual growth and dcvclopmcnt which is almost always thc cncmy ol corruption, grccd and disrcgard lor justicc and cquality. Back Door # 2—Ahlul Bayt Tc group that would lay thc loundation lor ‘Shiaism’ took a slightly diffcrcnt approach lrom thc Sunnis to undcrminc thc Qur’an. Tcsc pcoplc claimcd that thc knowlcdgc and wisdom ol thc Prophct did not cnd with his dcath, but was transmittcd to his dcsccndcnts (‘Ahlul 8ayt,’) via Ali 8in Abi Talcb (thc cousin ol thc Prophct), and that such pcoplc would bc thc bcarcrs ol all ol thc knowlcdgc ol thc Prophct until Judgmcnt Ðay. According to mainstrcam Shiaism (Tc “Twclvcr” Shiitcs) thcrc havc bccn twclvc !mams who havc succccdcd thc Prophct Muhammad dircctly. Tcsc arc: 1. Ali 8in Abi Talcb (d.661) 2. AlHasan (d.670) 3. AlHusayn (d.680) 4. Ali Zayn Aal‘Abidin (d.713) 5. Muhammad Al8aqir (d.733) 6. Ja’lar AlSadiq (d.765) 7. Musa AlKazim (d.799) 8. Ali AlRida (d.818) 9. Muhammad AlJawad (d.835) 10. Ali AlHadi (d.868) 11. AlHasan AlAskari (d.874) 12. Muhammad AlMahdi (still alivc according to thc Shia, but in hiding lor ovcr 1,000 ycars!) 27 Tnv N~:uv~i Rvvuniic Tc othcr dcsccndants ol Ali arc still ‘Ahlul 8ayt,’ but thcy arc not ol thc samc dcgrcc ol holincss as thc ‘Spccial Twclvc.’ !n lact, in placcs likc !raq, !ran and Lcbanon, thc rccognition ol a Shia who is lrom thc ‘Ahlul 8ayt’ is vcry simplc as thcy will don a black turban signilying thcir clitc status (Shia scholars who arc not lrom thc ‘Ahlul 8ayt’ will don a whitc turban). Tc Shia havc also crcatcd a hicrarchy ol scholars who arc rankcd as pcr thc lollowing: Prcachcr, Mujtahid, Hujjat Al!slam |Prool ol !slam|, Hujjat Al!slam wa AlMuslimccn, Ayatollah, and thc grcat Ayatollah or Ayatollah Uzma. Tc highcr thc rank, thc morc powcrlul is thc ability to pass binding laws (Ayatollah litcrally mcans a miraclc or sign ol God). No Male Descendants for Mohammed God has dccrccd that thc prophcthood and thc Scripturc would bc rctaincd cxclusivcly within thc progcny ol Abraham: “And We granted him Isaac and Jacob, and We made within his progeny the prophethood and the Book. And We gave him his reward in this world, and in the Hereafter he is among the righteous.” (Qur’an 29:27) Undcr such a systcm, thc progcny is passcd on through thc malc or lcmalc hcirs (as with Mary thc dcsccndcnt ol Aaron), with thc namc rctcntion bcing kcpt through thc malcs only: “Name them by their fathers. Tat is more just with God. But if you do not know their fathers, then, name them as your brothers in the system and your patrons. Tere is no sin upon you for what mistake you make in this respect; but you will be responsible for what your hearts deliberately intend. God is Forgiver, Merciful.” (Qur’an 33:5) Tnv N~:uv~i Rvvuniic 28 Vith rcgards to thc Prophct Mohammcd, God, in His infinitc wisdom, has told us that thc Prophct would not bc survivcd by any malcs: “Mohammed is not the father of any of your men, but he is the messenger of God and the seal of the prophets. And God is fully aware of all things.” (Qur’an 33:40) Tcrclorc, with only lcmalc dcsccndants, thc chain ol thc progcny is considcrcd “wcakcncd” in thc traditionalist vicw. Tus, a plan was dcviscd by thc Shia scct to rccrcatc thc lacts and givc thcmsclvcs acccss to a dircct malc progcny. Cousin of the Prophet—Ali Bin Abi Taleb Tc way thc Shia had circumvcntcd thc physical rcstriction ol God (whcrcby thc Prophct did not lcavc any malc dcsccndants) was twolold. Firstly, thc Shia scholars rclcrrcd to a vcrsc in thc Qur’an that spcaks ol God purilying thc ‘mcmbcrs ol thc lamily’ (Ahlul 8ayt) and thus giving thcm spccial status: [Yusuf Ali Translation 33:33]: And stay quietly in your houses, and make not a dazzling display, like that of the former Times of Ignorance; and establish regular Prayer, and give regular Charity; and obey Allah and His Messenger. And Allah only wishes to remove all abomination from you, ye members of the Family, and to make you pure and spotless. Vhilc thc abovc vcrsc clcarly docs not mcntion Ali or his childrcn, thc Shia scholars simply dippcd into thc world ol ‘Hadith’ whcrc, lo and bchold, Ali and his childrcn arc dcfincd by thc Prophct as ‘Ahlul 8ayt!’ |Sahih Muslim, Chaptcr ol virtucs ol companions, v4, p1883, Tradition #61| Narratcd Aisha: Ònc day thc Prophct camc out in thc altcrnoon wcaring a black cloak (uppcr garmcnt or gown, 29 Tnv N~:uv~i Rvvuniic long coat), thcn AlHasan !bn Ali camc and thc Prophct accommodatcd him undcr thc cloak, thcn alHusain camc and cntcrcd thc cloak, thcn Fatimah camc and thc Prophct cntcrcd hcr undcr thc cloak, thcn Ali camc and thc Prophct cntcrcd him to thc cloak as wcll. Tcn thc Prophct rccitcd: “\crily Allah intcnds to kccp off lrom you cvcry kind ol unclcanncss Ò’ Pcoplc ol thc Housc (Ahlul8ayt), and purily you a pcrlcct purification” (thc last scntcncc ol \crsc 33:33). Sccondly, thc Shia scholars dclvcd again into thc books ol Hadith to provc that thc mantlc ol authority was indccd passcd dircctly lrom thc Prophct himscll to Ali bin Abi Talib: |Nur alÐin alHalabi alShafi’i, alSirah al Halabiyya, vol. 3, p. 337, AlZurqani, Sharh al Mawahib alLadunniyya, vol. 7, p. 13| Vhcn thc Prophct (s) was passing by this placc on 18 Ðhu’l Hijja (10 March 632) on his rcturn lrom thc Farcwcll Pilgrimagc, thc vcrsc “Ò Mcsscngcr, Proclaim what has bccn scnt down...” was rcvcalcd. Hc thcrclorc stoppcd to makc an announccmcnt to thc pilgrims who accompanicd him lrom Makkah and who wcrc to dispcrsc lrom that junction to thcir rcspcctivc dcstinations. 8y thc ordcrs ol thc Prophct (s), a spccial pulpit madc ol thc branchcs ol trccs was crcctcd lor him. Altcr thc noon praycr thc Prophct (s) sat on thc pulpit and madc his last public addrcss to thc largcst gathcring bclorc his dcath thrcc months latcr. Tc highlight ol his scrmon was whcn, taking !mam Ali (a) by thc hand, thc Prophct (s) askcd his lollowcrs whcthcr hc was supcrior in authority (awla) to thc bclicvcrs thcmsclvcs. Tc crowd cricd out in onc voicc: “!t is so, Ò Apostlc ol Allah”. Hc thcn Tnv N~:uv~i Rvvuniic 30 dcclarcd: “Hc ol whom ! am thc mastcr (mawla), ol him ‘Ali is also thc mastcr (mawla). Ò God, bc thc lricnd ol him who is his lricnd, and bc thc cncmy ol him who is his cncmy.” !mmcdiatcly altcr thc Prophct (s) finishcd his spccch, thc lollowing vcrsc ol thc Qur’an was rcvcalcd: “Today ! havc pcrlcctcd your rcligion and complctcd my lavor upon you, and ! was satisficd that !slam bc your rcligion.” (Qur’an 5:3) Altcr his spccch, thc Prophct (s) askcd cvcrybody to givc thc oath ol allcgiancc to Ali (a) and congratulatc him. Among thosc who did so was Umar bin alKhattab, who said: “Vcll donc !bn Abi Talib! Today you bccamc thc mastcr ol all bclicving mcn and womcn.” An Arab, having hcard ol thc cvcnt ol Ghadir Khumm, camc up to thc Prophct (s) and said: “You commandcd us to tcstily that thcrc is no dcity but Allah and that you arc thc Mcsscngcr ol Allah. Vc obcycd you. You ordcrcd us to pcrlorm thc praycrs fivc timcs a day and wc obcycd. You ordcrcd us to last during thc month ol Ramadhan and wc obcycd. Tcn you commandcd us to makc thc pilgrimagc to Makkah and wc obcycd. 8ut you arc not satisficd with all this and you havc raiscd your cousin by your hand and imposcd him upon us as our mastcr by saying ‘Ali is thc mawla ol whom ! am mawla.’ !s this imposition lrom Allah or lrom you:” Tc Prophct (s) said: “8y Allah who is thc only dcity! Tis is lrom Allah, thc Mighty and thc Glorious.” Òl coursc, othcr than thc lact that thc Shia havc rcsortcd to thc Hadith to makc this claim, thcy havc also spurncd thc Qur’anic truth which has dcfincd lor us who thc ‘Ahlul 8ayt’ arc and what systcm ol lcadcrship/ govcrnmcnt wc arc to lollow: 31 Tnv N~:uv~i Rvvuniic 1. Te ‘Ahlul Bayt’ are the guardians of the Restricted Sanctuary of Pilgrimage. “And his wife was standing, so she laughed when We gave her the good news of Isaac, and after Isaac, Jacob. She said: ‘O my! How can I give birth when I am an old woman, and here is my husband an old man? Tis is indeed a strange thing!’ Tey said: ‘Do you wonder at the decree of God? Te mercy of God and blessings are upon you O people of the Sanctuary (Ahlul 8ayt). He is Praiseworthy, Glorious.’ ” (Qur’an 11:71-73) “ You shall settle down in your homes, and do not go about like in the old days of ignorance. You shall hold the contact prayer, and contribute towards purification, and obey God and His messenger. God wishes to remove any affl iction from you, O people of the Sanctuary (Ahlul 8ayt), and to purify you completely.” (Qur’an 33:33) Hcrc wc havc as clcar as day God using cxactly thc samc words whcn rclcrring to Abraham as whcn hc rclcrs to Mohammcd. Òbviously this has nothing to do with Ali or Fatima as thc Hadith storics narratc, but rathcr it has to do with a dcscription ol a pcoplc who arc rcsponsiblc lor thc sanctuary ol God and havc bccomc its carctakcrs. 2. Government is through consultation, not succession. “And those who have responded to their Lord, and they hold the contact prayer, and their affairs are conducted by mutual consultation among themselves, and from Our provisions to them they give.” (Qur’an 42:38) “It was a mercy from God that you were soft towards them; had you been harsh and mean hearted, they would have dispersed from you; so pardon them and Tnv N~:uv~i Rvvuniic 32 ask forgiveness for them, and consult them in the matter; but when you are convinced, then put your trust in God; for God loves those who put their trust.” (Qur’an 3:159) God has givcn us guidancc lor how our affairs arc to bc conductcd i.c. lcadcrship bascd on opcn discussions and consultations rathcr than individual opinions and dccisions. As such, thc cntirc conccpt ol inhcritcd authority that thc Shia basc thcir bclicls on is in clcar violation ol thc laws ol thc Qur’an. Why Would God Allow Tis to Happen? Vhilc Muslims havc no problcm acccpting that thc Jcws and Christians and just about cvcryonc clsc may havc bccn divcrtcd lrom thc purc mcssagc ol God alonc, thcy do havc a problcm in acknowlcdging that thcy havc lallcn into thc samc trap. Muslims will say things likc “God has protcctcd !slam,” and “!slam has bccn this samc way lor ccnturics.” Tcy do not rcalizc that thcsc arc thc samc argumcnts uttcrcd by Jcws and Christians whcn thcy arc conlrontcd about thcir bclicls! Tc sad truth is that Muslims arc just as human and just as vulncrablc as cvcryonc clsc. Vc do not havc a magic talisman or supcrhuman powcrs that protcct us anymorc than thc ncxt pcrson. Vc arc lrail and human and susccptiblc to suggcstions and divcrsions just likc cvcryonc clsc. !n lact, had wc bccn paying attcntion to thc words ol God rathcr than our scholars’ opinions, wc would havc noticcd that it is thc dccrcc ol God that pcoplc who do not pay attcntion bc mislcd: “And as such, We have permitted the enemies of every prophet — human and Jinn devils — to inspire each other with fancy words in order to deceive. Had your 33 Tnv N~:uv~i Rvvuniic Lord willed, they would not have done it. You shall disregard them and their fabrications. Tat is so the hearts of those who do not believe in the Hereafter will listen to it, and they will accept it, and they will take of it what they will.” (Qur’an 6:112-113) Tis is about tcsting our bclicl and sccing whcthcr wc truly and actually bclicvc in God and put our laith in Him, or whcthcr wc harbor inncr doubts and thcrclorc nccd to cling to human words and opinions. !t is about thc tcst… God Alonc, or God Plus: 34 3 Obey God and Obey the Messenger !n conlronting thc Sunni and Shia sccts, who claim to bc affi liatcd with thc grcat systcm ol submission to God, thc topic that most comcs up is thc onc about “obcying God and obcying thc mcsscngcr.” Vhilc thc sccts rcluctantly acknowlcdgc that thc Qur’an is lully dctailcd and complctc as God has said it is (scc 6:114115, 11:1, 16:89), thcy quickly point to thc many vcrscs in thc Quran which spcak ol “obcying God 35 Tnv N~:uv~i Rvvuniic and obcying thc mcsscngcr” and point out that such vcrscs clcarly mcan thcrc arc two sourccs ol inlormation to bc lollowcd: “Òbcy God” mcaning thc Qur’an, and “Òbcy thc Mcsscngcr” mcaning thc Hadith. “And obey God and obey the messenger, and be aware. If you turn away then know that it is the duty of the messenger to deliver clearly.” (Qur’an 5:92) “O you who believe, obey God and His messenger, and do not turn away from him while you have heard.” (Qur’an 8:20) “O you who believe, obey God, and obey the messenger. And do not render your works in vain.” (Qur’an 47:33) “Obey God and obey the messenger. And if you turn away, then it is only required of Our messenger to deliver clearly.” (Qur’an 64:12) At first glancc, thc argumcnt ol thc sccts sccms somcwhat convincing, lor surcly il God had mcant lor us to simply lollow thc Qur’an Hc would havc only said “obcy God” and that would havc bccn suffi cicnt. Howcvcr, by adding “and obcy thc mcsscngcr,” thc claim sccms to havc somc support. !n vcrsc 4:59 wc scc thc casc lor thc Sunnis and Shia lurthcr strcngthcncd as thc bclicvcrs arc told to “obcy God” and “obcy thc mcsscngcr” and “obcy thosc in authority” (sccms to bc thrcc scparatc cntitics), howcvcr, il thcy disputc in any mattcr thcy shall ignorc thc opinion ol “thosc in authority” and simply rcvcrt back to God and His mcsscngcr: “O you who believe, obey God and obey the messenger, and those in authority among you. But if you dispute Tnv N~:uv~i Rvvuniic 36 in any matter, then you shall refer it to God and His messenger if you believe in God and the Last Day. Tat is better and more suitable for knowing.” (Qur’an 4:59) Vhat has bccn prcscntcd thus lar is thc logic uscd in justilying thc opcning ol Pandora’s 8ox whcrc thc dcfinition ol “what” thc mcsscngcr dclivcrcd bccomcs a trcasurc hunt through thc hundrcds ol thousands ol old wivcs’ talcs and storics all attributcd to thc mcsscngcr doing or saying somcthing. What Did the Messenger Judge By? 8clorc putting an cnd to this controvcrsy, it is worth noting that thc Prophct himscll was rcquircd by thc Scripturc to judgc using thc book ol God and nothing but thc book: “We have revealed to you the Book with the truth that you may judge between the people by that which God has shown you, and do not be an advocate for the treacherous.” (Qur’an 4:105) “And We have sent down to you the Book with the truth, authenticating what is between your hands of the Book and superseding it. So judge between them by what God has sent down, and do not follow their desires from what has come to you of the truth. For each of you We have made laws, and a structure; and if God had willed, He would have made you all one nation, but He tests you with what He has given you; so strive to do good. To God you will return all of you, and He will inform you regarding that in which you dispute.” (Qur’an 5:48) “And the Day We send to every nation a witness And 37 Tnv N~:uv~i Rvvuniic the Day We send to every nation a witness against them from themselves, and We have brought you as a witness against these. And We have sent down to you the Book as a clarification for all things, and a guidance and a mercy and good tidings to those who have submitted.” (Qur’an 16:89) So, how can a man who was commandcd to judgc and livc according to thc Qur’an bc ablc to producc anything cxtcrnal to thc Qur’an: Obey God and Obey the Messenger Tc answcr to this cntirc issuc is lound oncc again in thc Qur’an itscll: “Whoever obeys the messenger has obeyed God; and whoever turns away, We have not sent you as a guardian over them.” (Qur’an 4:80) Vhilc this may comc as a shock to thc sccts, it is a natural answcr lor studcnts ol Qur’an who know and bclicvc thc word ol God to bc dctailcd and complctc. Vc arc told in no unccrtain tcrms that whocvcr has “obcycd thc mcsscngcr” has automatically mct thc rcquircmcnt ol “obcying God” (i.c. thc two commands arc onc and thc samc). A littlc thought by thc sccts would havc lcd thcm to thc samc conclusion, lor, altcr all, thc Qur’an was ncvcr rcvcalcd to us by God dircctly, but was donc through His inspiration to His mcsscngcr (i.c. thc mcsscngcr, God, and thc Qur’an arc inscparablc). !t was not lclt to thc companions ol thc Prophct or any othcr pcoplc to comc along and complctc thc rcligion lor us. Tc rcligion was complctc on thc day God said it was so: “…Today I have perfected your system for you, and completed My blessings upon you, and I have approved Tnv N~:uv~i Rvvuniic 38 submission as the system for you…” (Qur’an 5:3) Tcrc is no cxtcrnal tcxt to bc sought, no Hadiths… Tcrc arc only thc words that thc mcsscngcr dclivcrcd whilc bcing inspircd by God. “Say: ‘Which is the greatest testimony?’ Say: ‘God is witness between me and you, and He has inspired to me this Qur’an that I may warn you with it and whoever it reaches, that you are bearing witness that with God are other gods!’ Say: ‘I do not bear witness!’ Say: ‘He is only One god, and I am innocent of what you have set up!’” (Qur’an 6:19) Is the Messenger a Mere Postman? Unlortunatcly, thc sccts will continuc to bclicvc that somchow it is not cnough that thc Prophct would only dclivcr thc Scripturc (cvcn il it containcd all thosc words rcvcalcd to him by God). Tcy want thc Prophct to do much morc, pcrhaps cvcn morc than raising thc dcad as Jcsus did or splitting thc sca as Moscs had donc! Pcrhaps such pcoplc arc not lar dcsccndcd lrom thosc bclorc thcm who also wcrc not satisficd with thc Qur’an and askcd thc Prophct to changc it altogcthcr lor thcm. “And when Our clear revelations were recited to them, those who do not wish to meet Us said: ‘Bring a Qur’an other than this, or change it!’ Say: ‘It is not for me to change it of my own accord, I merely follow what is inspired to me. I fear, if I disobeyed my Lord, the retribution of a great day!’” (Qur’an 10:15) Òl coursc, thc scnsiblc oncs know that dclivcring thc word ol God, and bcing a living cxamplc ol thc mcssagc, is morc than cnough honor lor any crcaturc in this univcrsc and bcyond. 39 Tnv N~:uv~i Rvvuniic “Had We sent down this Qur’an to a mountain, you would have seen it trembling, crumbling, out of concern from God. And such are the examples We put forth for the people, that they may reflect.” (Qur’an 59:21) Why Send a Messenger? Hcrc is thc major qucstion that pcoplc lacc whcn discussing thc lollowing ol thc Qur’an alonc—why scnd a mcsscngcr: Surcly, somc would arguc, God could havc just dclivcrcd a complctcd 8ook and savcd cvcryonc thc problcms and argumcnts and misundcrstandings. Tc truth is thosc who wcrc bound to rcjcct thc word ol God would rcjcct it no mattcr what: “And if We had sent down to you a book already written on paper, and they touched it with their own hands, then those who have rejected would say: ‘Tis is but clear magic!’” (Qur’an 6:7) As lor thc mcsscngcr, his duty was, as othcr mcsscngcrs bclorc him, to dclivcr thc clcar mcssagc ol God and warn ol thc incvitablc day whcn all would stand humblcd bclorc God: “Say: ‘I am no different from the other messengers, nor do I know what will happen to me or to you. I only follow what is inspired to me. I am no more than a clear warner.’” (Qur’an 46:9) “And thus We have inspired to you an Arabic Qur’an, so that you may warn the capital town and all around it, and to warn about the Day of Gathering that is inevitable. A group will be in the Paradise, and a group in Hell.” (Qur’an 42:7) Tnv N~:uv~i Rvvuniic 40 Te Example of the Prophet Yct, cvcn altcr all thc cvidcncc and all thc vcrscs, most Sunnis and Shia will still claim that this is not all that thc Mcsscngcr dclivcrcd, and that wc should lollow his cxamplc as containcd in othcr tcxts or which wc lcarn about through thc holy !mams. Such pcoplc lorgct that thc truc cxamplc ol thc Prophct Mohammcd, likc thc truc cxamplc ol thc Prophct Abraham, has bccn rccordcd and capturcd in thc Scripturc lor all timc: “Indeed, in the messenger of God a good example (Uswa Hasana) has been set for you for he who seeks God and the Last Day and thinks constantly about God.” (Qur’an 33:21) “Tere has been a good example (Uswa Hasana) set for you by Abraham and those with him, when they said to their people: ‘We are innocent from you and what you serve besides God. We have rejected you, and it appears that there shall be animosity and hatred between us and you until you believe in God alone.’ Except for the saying of Abraham to his father: ‘I will ask forgiveness for you, but I do not possess any power to protect you from God.’ ‘Our Lord, we have put our trust in You, and we turn to You, and to You is the final destiny.’” (Qur’an 60:4) Tc Mcsscngcr laccd a tcrrilying challcngc in dclivcring thc word ol God to a pcoplc who wcrc accustomcd to a way ol lilc and traditions that complctcly contradictcd thc systcm ol God. !t was this Mcsscngcr that stood in thc lacc ol ovcrwhclming odds, continucd to havc laith and paticncc and always kncw that hc must scrvc God Alonc, cvcn il all thc pcoplc wcrc tclling him othcrwisc. 41 Tnv N~:uv~i Rvvuniic “Or did you expect that you would enter the Paradise, while the example of those who were before you came to you; they were stricken with adversity and hardship, and they were shaken until the messenger and those who believed with him said: ‘When is the victory of God?’ Yes indeed, the victory of God is near.” (Qur’an 2:214) Tc Scripturc not only contains thc laws ol God, but it also contains bcautilul cxamplcs ol thc lilc ol thc Prophct: • His dcaling with thc idol worshippcrs. (53:1923) • His compassion towards thc bclicvcrs. (3:31) • His lovc and constant rcmcmbrancc ol God. (33:21) • His human lcar ol lailing. (2:214) • His dcaling with his wivcs’ rcbcllion. (33:2831) • His dcaling with his adoptcd son. (33:37) • His wcakncss in paying too much attcntion to thc rich and powcrlul. (80:112) All thcsc and many morc cxamplcs arc containcd within thc prccious book that God has honorcd. Tc lilc ol thc Mcsscngcr givcs us lrail humans hope that it is indccd possiblc to livc thc way God intcndcd us to livc (as dcscribcd in thc Scripturc) and to uphold His covcnant in spitc ol all advcrsity. Vithout thc cxamplc ol thc Mcsscngcr, wc may not cvcn havc bothcrcd to rcad or study thc Scripturc lor lcar that it was an impractical book which rcquircd too much ol human bcings and dcscribcd a fictional utopian socicty. 42 4 Back to Basics Most Muslims, cvcn altcr lcarning about thc stark diffcrcnccs bctwccn today’s distortcd Sunni and Shia vcrsions ol !slam and thc !slam ol God and His Mcsscngcr, will havc no problcm living undcr any systcm ol govcrnmcnt (capitalist, communist, dictatorship, monarchy, or othcrwisc) as long as thcy arc allowcd to pcrlorm thcir rituals (whatcvcr thcsc rituals may bc) in thc bclicl that thcy arc adhcring to and lollowing “thc rcligion.” !s rcligion a collcction ol words and rituals that must bc lollowcd: 43 Tnv N~:uv~i Rvvuniic Òr is it much morc than that: Lct us turn to thc Scripturc lor thc answcr… [Yusuf Ali Translation 3:85]: If anyone desires a religion other than Islam (submission to Allah), never will it be accepted of him; and in the Hereafter He will be in the ranks of those who have lost (all spiritual good). Tis sounds prctty scvcrc! Ðocs this mcan that God is ordcring us to lollow somc rcligion that gocs by thc namc ol !slam/Submission: Arc wc to simply hunt down this !slam and apply its laws and rituals and lct thc mattcr rcst thcrc: Vhcn wc find this !slam, do wc thcn lorcc cvcryonc clsc to lollow and acccpt it: [Yusuf Ali Translation 3:83]: Do they seek for other than the Religion of Allah?-while all creatures in the heavens and on earth have, willing or unwilling, bowed to His Will (accepted Islam), and to Him shall they all be brought back. !l cvcrything in thc hcavcns has submittcd to thc rcligion ol God, thcn who arc wc to arguc: [Yusuf Ali Translation 9:33]: It is He Who hath sent His Messenger with guidance and the Religion of Truth, to proclaim it over all religion, even though the Pagans may detest (it). A rcligion will dominatc and cxposc othcr rcligions: Ðocs this mcan that this !slam will, whcn wc pray with our hands to our sidcs, “cxposc” thosc othcr rcligions whosc adhcrcnts pray with thcir hands loldcd: Òr, docs it mcan that, whcn wc givc to charity, it will “cxposc” thc othcr rcligions whosc adhcrcnts also givc to charity: Tnv N~:uv~i Rvvuniic 44 Òbviously, nonc ol this makcs any scnsc! [Pickthall Translation 9:36]: Lo! the number of the months with Allah is twelve months by Allah’s ordinance in the day that He created the heavens and the earth. Four of them are sacred: that is the right religion. So wrong not yourselves in them. And wage war on all of the idolaters as they are waging war on all of you. And know that Allah is with those who keep their duty (unto Him). How arc 12 months considcrcd a corrcct rcligion: Vhat about using 19 months or 10 or 13: !s that not still a rcligion:! What is Religion? Òbviously, rcligion is not mcrcly a collcction ol laws and rituals. Lct us look at thc story ol Joscph, which rcvcals thc truc mcaning ol rcligion. Vhcn wc rcad thc story ol Joscph in chaptcr 12 ol thc Scripturc, wc lcarn that hc wcnt to ¡gypt and altcr a lcw incidcnts, bccamc onc ol thc high counsclors ol thc king rcsponsiblc lor thc distribution ol lood and commcrcc. Tc brothcrs ol Joscph (who had tricd to kill him carlicr) approachcd Joscph without rccognizing him. Sincc hc wantcd to cnlist his youngcr brothcr to join him without alcrting his othcr brothcrs, hc sct up a schcmc whcrcby thc mcasuring bowl ol thc king was placcd in thc bclongings ol his youngcr brothcr. Tc schcmc was to lct his brothcrs rcvcal thc law ol thclt as it stood in thcir own rcligion. Tis law was uscd by Abraham and Jacob and rcvcalcd by God: “Tey said: ‘What shall be the punishment, if you are not truthful?’ Tey ( Joseph’s brothers) said: ‘ Te punishment is that he in whose saddlebag it is found 45 Tnv N~:uv~i Rvvuniic will himself serve as the punishment. It is so that we punish the wicked.’” (Qur’an 12:74-75) Altcr snaring his brothcrs in his trap and lctting thcm cxposc thc law that thcy lollowcd (rathcr than using that ol thc king) Joscph was ablc to kccp his youngcr brothcr with him: [Yusuf Ali Translation 12:76]: So he began (the search) with their baggage, before (he came to) the baggage of his brother: at length he brought it out of his brother’s baggage. Tus did We plan for Joseph. He could not take his brother by the law 3 of the king except that Allah willed it (so). We raise to degrees (of wisdom) whom We please: but over all endowed with knowledge is one, the All-Knowing. Òbviously, thc king ol ¡gypt did not havc a rcligious law that hc implcmcntcd lor thc crimc ol thclt, but hc did havc a system. Tus it was that Joscph bypasscd thc systcm ol thc king and rcplaccd it with thc onc uscd by his brothcrs! Rcligion - Systcm God clarifics thc rcvclations that wc may undcrstand… God has not givcn us a rcligion madc up ol strangc componcnts and rituals, but rathcr a pcrlcct systcm that Hc has dccrccd through all His prophcts: “He has decreed for you the same (Ðccn) [system] He ordained for Noah, and what We inspired to you, and what We ordained for Abraham, Moses, and Jesus: ‘ You shall uphold this (Ðccn) [system], and do not divide in it.’ Intolerable for the polytheists is what you invite them towards. God chooses for Himself 3 Tc word ‘law’ as translatcd by Yusul Ali is thc Arabic word ‘Ðccn’ which has clscwhcrc bccn translatcd as ‘rcligion.’ Tnv N~:uv~i Rvvuniic 46 whoever He wills; He guides to Himself those who repent.” (Qur’an 42:13) God is our Makcr. Hc did not construct thc univcrsc or our minds, bodics, and souls just so wc could stumblc and bc lost in this world. Vc havc bccn givcn lrcc will. Vc arc lrcc to choosc whatcvcr paths wc dcsirc. Vc arc lrcc to comc up with as many systcms wc likc. Howcvcr, Hc is bcstowing grcat mcrcy on us by tclling us that His systcm is thc corrcct systcm: “Te count of the months with God is twelve months in the book of God the day He created the heavens and the earth; four of them are restricted. Tis is the correct system; so do not wrong yourselves in them; and fight the polytheists collectively as they fight you collectively. And know that God is with the righteous.” (Qur’an 9:36) Tcrc is nothing to stop us lrom using 11, 10 or cvcn 19 months (that is what somc ol us do). Howcvcr, although thcsc systcms may work, God is tclling us that His is thc bcst. Vc will not stumblc whcn wc propcrly usc a 12month count, which will kccp us in linc with thc scasons and thc movcmcnt ol our planct. All wc nccd to do is just rcach out our hands and grab hold ol thc ropc that has bccn thrown down lrom hcavcn to us. “Is it other than the system of God that they desire, when those in the heavens and the earth have submitted to Him voluntarily or by force? And to Him they will be returned.” (Qur’an 3:83) Ðo wc scc thc sun having a problcm with its orbit: Òr, do wc scc thc moon smashing into thc ¡arth: 47 Tnv N~:uv~i Rvvuniic ¡ach ol thcsc objccts has takcn up thc systcm that was dcsigncd by God and lollowcd it. Had thcy dcsigncd thcir own systcm, thcy would havc bccn dcstroycd or knockcd out ol orbit cons ago. Yct, wc still laltcr! Vc still think wc know bcst! Vc kccp running diffcrcnt programs and systcms, whcn, in thc cnd, it is only onc systcm that matchcs our naturc. “He is the One who has sent His messenger with the guidance and the system of truth, so that it will expose all other systems, even if the polytheists hate it.” (Qur’an 9:33) !t is only now that wc undcrstand what rcligion is that wc can undcrstand how it will expose all othcr rcligions. Tc pcrlcct systcm ol God, whcn put into usc, will rcvcal thc wcakncsscs and shortcomings ol all othcr systcms invcntcd by man… Tc systcm ol God is thc only onc that not only catcrs to thc physical nccds ol thc human bcing but also rccognizcs his spiritual nccds and addrcsscs thosc as wcll. Tc human that lollows thc systcm ol God by submitting to it is not only a scllsuffi cicnt pcrson but is also a happy pcrson with strong lamily tics, intcllcctual capacity, philosophical vicws, community awarcncss and, abovc all, is a rcalist. “…Today I have perfected your system for you, and completed My blessings upon you, and I have ap- proved submission (!slam) as the system for you…” (Qur’an 5:3) 48 5 Is Tis Islam? Vhilc it may bc diffi cult to acccpt that thc Scripturc has bccn abandoncd by thc masscs, and that wc havc bccn lollowing anothcr rcligion altogcthcr, this chaptcr will scrvc to highlight just somc ol thc many diffcrcnccs that cxist bctwccn today’s Sunni and Shia !slam and thc !slam dccrccd and authorizcd by God and His Mcsscngcr in thc Scripturc: Inventing Pillars for Salvation “Surely those who believe; and those who are Jewish, and the Sabians, and the Nazarenes, whoever of 49 Tnv N~:uv~i Rvvuniic them believes in God and the Last Day and does good works; then they will have nothing to fear nor will they grieve.” (Qur’an 5:69) As thc ccnturics havc gonc by, Sunni and Shia scholars and Hadith lollowcrs havc dccidcd that thc mcrcy ol God as mcntioncd in 5:69 abovc ‘cncompasscs too many’ and thus thcy lound thc nccd to invcnt ncw rulcs lor salvation by stating that Muslims can only bc thosc who adhcrc to a sct ol pillars as dcfincd by thcir scholars. Tc Sunnis camc up with a total ol fivc main pillars, whilc thc Shia dccidcd that tcn pillars was thc way to go. Te 5-pillars of Sunnism: 1. Tcstilying thcrc is no god but God and Mo hammcd is His mcsscngcr “Shahada.” 2. Pcrlorming thc fivc Òbligatory Praycrs “Salat.” 3. Paying thc annual 2.5 pcrccnt tax “Zakat.” 4. Fasting during thc month ol Ramadhan “Sawm.” 5. Making a pilgrimagc to Mccca (oncc in a lilc timc) il onc is ablc “Hajj.” Te 10-pillars of Shiaism: 1. Pcrlorming thc Òbligatory Praycrs “Salat.” 2. Fasting thc month ol Ramadhan “Sawm.” 3. Pilgrimagc “Hajj.” 4. Paying a tax lor thc poor “Zakat.” 5. Paying ol thc oncfilth ol incomc to Ahlul 8ayt “Khums.” 6. Strugglc “Jihad.” 7. ¡njoining what is good “Amr8ilMa’rul.” 8. Forbidding what is cvil “NahiAnilMunkar.” Tnv N~:uv~i Rvvuniic 50 9. To lovc Ahlul 8ayt and thcir lollowcrs “Tawalla.” 10. To disassociatc lrom thc cncmics ol Ahlul 8ayt “Tabarra.” As shocking as it may sound, ncithcr thc “5 pillars” nor thc “10 pillars” as thcy cxist havc bccn dccrccd in thc Scripturc as thc way to salvation, and, as will bc sccn throughout this book, somc ol thcm arc in clcar violation ol what has bccn statcd by God and His Mcsscngcr. Mentioning Others Besides God in His Own Temples “And the temples are for God, so do not call on anyone alongside God.” (Qur’an 72:18) Tc Sunni and Shia arc guilty ol, amongst othcr things lollowing thc innovations that rcquirc thcm to praisc, glorily, and call upon Mohammcd and Abraham (by scnding thcm salutations), thus nullilying thc command ol God not to call on anyonc clsc bcsidcs Him in worship. Is Tis How You Do Your Ablution (Wudu)? “O you who believe, if you rise to hold the contact prayer (Salat), then wash your faces and your hands up to the elbows, and wipe your heads and your feet to the ankles; and if you have had intercourse, then you shall bathe. And if you are ill, or traveling, or you have excreted feces, or you have had sexual contact with the women, and you cannot not find water, then you shall select from the clean soil; you shall wipe your faces and your hands with it. God does not want to place any hardship on you, but He wants to cleanse you and to complete His blessings upon you that you may be thankful.” (Qur’an 5:6) 51 Tnv N~:uv~i Rvvuniic Vhilc thc prcparation lor thc Salat is straightlorward and simplc, thc masscs havc turncd such a simplc command into an cntirc ritual that includcs spccial words to bc said, thc wiping ol thc cars and blowing ol nostrils ctc. Circumcising Males “God is the One who made the earth a habitat for you, and the heaven as a structure, and He designed you, and has perfected your design. And He provided you with good provisions. Such is God your Lord. Most Exalted is God, Lord of the worlds.” (Qur’an 40:64) God spcaks ol His crcation as having bccn “pcrlcctcd,” and, whilc thc masscs opcnly agrcc with this statcmcnt, thcy act against it by trying to complctc thc work ol God by cutting off somc ol thc malc lorcskin (in somc cascs, cvcn lcmalcs havc bccn circumciscd, but that is lor a diffcrcnt rcason i.c. a barbaric attcmpt to supprcss thc natural lcmalc scxual drivc!). !n lact, it was onc ol thc promiscs ol thc dcvil himscll that hc would influcncc humankind so that thcy would makc altcrations to thc pcrlcct crcation ol God: “‘And I will misguide them and make them desire, and I will command them, so that they will mark the ears of the livestock, and I will command them so they will make changes to the creation of God.’ Whoever takes the devil as a supporter other than God, then he has indeed lost a great loss.” (Qur’an 4:119) Tc origin ol circumcision can bc traccd back to thc Jcwish 8iblc: |Gcn 17:14.13| Any uncircumciscd malc who is not circumciscd in thc flcsh ol his lorcskin shall bc cut off lrom his pcoplc, hc has brokcn my covcnant. Tnv N~:uv~i Rvvuniic 52 |Gcn 17:24.16| Abraham was ninctyninc ycars old whcn hc was circumciscd in thc flcsh ol his lorcskin. Tc sccts sccm to havc bccn mislcd into lollowing thc qucstionablc acts ol thc modcrn Jcwish 8iblc whilc thcy havc bccn clcarly commandcd to adhcrc to thc Qur’an that ovcrridcs and supcrscdcs any prcvious scripturcs! Lawful and Forbidden (Halal And Haram) “Forbidden to you is that which is already dead, and the blood, and the meat of pig, and what was dedicated to other than God, and that which has been strangled, and that which has been beaten to death, and that which has fallen from a height, and that which has been gored, and that which the wild animals have eaten from except what you managed to rescue, and what has been slaughtered on altars, and what you divide by the arrows of chance. Tis is wickedness. Today the rejecters have given up from your system, so do not be concerned by them, but be concerned by Me. Today I have perfected your system for you, and completed My blessings upon you, and I have approved submission as the system for you. So, whoever is forced by severe hunger and not seeking sin, then God is Forgiving, Merciful.” (Qur’an 5:3) “Say: ‘Have you seen what God has sent down to you from provisions, then you have made some of it unlawful and some lawful?’ Say: ‘Did God authorize you, or do you invent lies about God?’ And what will those who invent lies about God think on the Day of Resurrection? God is with great bounty to the people, but most of them are not thankful.” (Qur’an 10:59-60) 53 Tnv N~:uv~i Rvvuniic Òl coursc, thcsc clcar instructions wcrc not clcar cnough lor thc sccts who wcnt on to lorbid carnivorous animals, pig product dcrivativcs (which arc not madc lrom thc mcat), alcohol and its byproducts ctc. Breaking the Fast at Sunset/Dusk “It has been made lawful for you during the night of fasting to approach your women sexually. Tey are a garment for you and you are a garment for them. God knows that you used to betray your souls so He has accepted your repentance, and forgiven you; now you may approach them and seek what God has written for you. And you may eat and drink until the white thread is distinct from the black thread of dawn; then you shall complete the fast until night; and do not approach them while you are devoted in the temples. Tese are the boundaries of God, so do not transgress them. It is thus that God clarifies His revelations to the people who they may be righteous.” (Qur’an 2:187) God tclls us that wc arc to last until night has comc. Yct, thc Sunni masscs insist on blatantly disobcying His command by brcaking thc last whilc thcrc is still light, i.c. at sunsct, bascd on thc innovation ol thc Hadiths, clcarly ignoring thc dcfinition ol night as thc abscncc ol light (36:37), or that dawn, likc dusk, is dcfincd as a part ol thc day (11:114). Propagating “Intercession” on Judgment Day “O you who believe, spend from what We have provided for you before a Day comes when there is no trade, nor friendship, nor intercession; and the disbelievers are the wicked.” (Qur’an 2:254) Tnv N~:uv~i Rvvuniic 54 “And beware of a Day when no soul can avail another soul, nor will any amendment be accepted from it, nor will any intercession help it; they will not be supported.” (Qur’an 2:123) Although thc Qur’an rcpcatcdly statcs that thcrc will bc no human intcrccssion on thc Ðay ol Judgmcnt, thc masscs havc insistcd on idolizing thc Prophct against his will, and bclicving in thc invcntcd conccpt ol intcrccssion (Shalaa’ah). God only allows human ‘intcrccssion’ that is donc lor thc good ol pcoplc and that takcs placc on ¡arth whilc wc arc still alivc. “Whoever intercedes with a good intercession, he will have a reward of it; and whoever intercedes with an evil intercession, he will receive a share of it. And God has control over all things.” (Qur’an 4:85) “Say: ‘To God belongs all intercession.’ To Him belongs the sovereignty of the heavens and the earth, then to Him you will be returned. And when God alone is mentioned, the hearts of those who do not believe in the Hereafter are filled with aversion; and when others are mentioned besides Him, they rejoice!” (Qur’an 39:44-45) Vhcn an intcrccssion is madc, it is up to God to acccpt or rcjcct it bascd on His judgmcnt and bascd on thc condition/standing ol thc pcrson making thc rcqucst and thc condition/standing ol thc pcrson on whosc bchall thc intcrccssion is madc. Claiming Prophet Mohammed Predicted the Future “Say: ‘I do not say to you that I possess the treasures of God, nor do I know the future, nor do I say to you that I am an angel. I merely follow what is inspired 55 Tnv N~:uv~i Rvvuniic to me.’ Say: ‘Are the blind and the seer the same? Do you not think?’” (Qur’an 6:50) !n thc clcarcst words, thc Prophct Mohammcd dcclarcs that hc docs not know thc luturc. Yct, wc havc hundrcds ol talcs bcing spun by Sunnis and Shias rcgarding luturc cvcnts and prcdictions ranging lrom thc lour Khalifas who will rulc altcr his dcath, and an immortal onccycd man namcd Al Ðajjal who is supposcd to posscss supcrhuman powcrs and who will ravagc thc ¡arth, to Jcsus coming back! Exalting Some Prophets Over Others “Say: ‘We believe in God and in what was sent down to us and what was sent down to Abraham, and Ishmael, and Isaac, and Jacob, and the Patriarchs, and what was given to Moses and Jesus, and what was given to the prophets from their Lord; we do not make a distinction between any of them and to Him we submit.’” (Qur’an 2:136) “Te messenger believes in what was sent down to him from his Lord. And the believers, all who believe in God, and His angels, and His Books, and His messengers: ‘We do not make a distinction between any of His messengers;’ and they said: ‘We hear and obey, forgive us O Lord, and to you is our destiny.’” (Qur’an 2:285) Muslims arc rcquircd to trcat all ol thc mcsscngcrs ol God as bcing cqual and not to diffcrcntiatc bctwccn any ol thcm. Howcvcr, wc havc countlcss cascs ol today’s Sunnis and Shia cxalting thc Prophct Mohammcd (and his lamily) abovc all othcr prophcts and mcsscngcrs by stating hc was thc ‘most honorablc’ mcsscngcr, mcntioning his namc in thcir daily Salat, invoking an honorific titlc “Salalahu Aliyhi Va Salam” at cvcry mcntion ol his namc, stating that thc Prophct pcrlormcd miraclcs not mcntioncd in Tnv N~:uv~i Rvvuniic 56 thc authcntic history capturcd in thc Scripturc, stating that thc Prophct has powcrs ol intcrccssion to savc thc sinncrs lrom amongst his lollowcrs, ctc. Stoning Adulterers to Death “Te adulteress and the adulterer, you shall lash each of them with one hundred lashes, and do not let any pity overtake you regarding the system of God if you believe in God and the Last Day. And let a group of the believers witness their punishment.” (Qur’an 24:2) Tc law which applics in thc casc ol provcn adultcry involving indcpcndcnt lcmalcs (Muhsanat) is to punish thc adultcrcrs with onc hundrcd lashcs. Ðo thc Sunnis and Shia lollow and obcy this law: Tc Sunni and Shia scholars dcclarcd that thc law in thc Scripturc is not clcar. Tcy claimcd that thc adultcrcrs arc not dcfincd in thc Scripturc as lar as thcir marital status is conccrncd, and thus thcy institutcd ‘stoning to dcath’ as thc punishmcnt lor marricd adultcrcrs. Morc invcstigation rcvcals that thc masscs arc oncc again lollowing thc tcachings passcd down through thc Jcwish rabbis and biblical scripturcs whcrc thc punishmcnt lor adultcry is stoning to dcath. |Ðcut 22:20—21| 8ut il thc thing is truc, that thc tokcns ol virginity wcrc not lound in thc young woman, thcn thcy shall bring out thc young woman to thc door ol hcr lathcr’s housc, and thc mcn ol hcr city shall stonc hcr to dcath with stoncs, bccausc shc has wrought lolly in !sracl by playing thc harlot in hcr lathcr’s housc, so you shall purgc thc cvil lrom thc midst ol you. |Lcv 20:10| !l a man commits adultcry with thc wilc ol his ncighbor, both thc adultcrcr and thc 57 Tnv N~:uv~i Rvvuniic adultcrcss shall bc put to dcath. Vill thc masscs plcad ignorancc on Judgmcnt Ðay lor blatantly lollowing qucstionablc laws othcr than thosc lound in thc Qur’an: Cutting the Hands of Tieves [Yusuf Ali Translation 5:38]: As to the thief, Male or female, cut off his or her hands: a punishment by way of example, from Allah, for their crime: and Allah is Exalted in power. Tc subjcct ol thclt has bccn onc that causcs much controvcrsy in its traditional undcrstanding and application throughout thc Muslim world. Tc scholars ol today and thc past havc all subscribcd to thc punishmcnt ol cutting off ol thc hands and thus wc witncss sccncs ol amputations bcing carricd out in countrics that claim to uphold thc Qur’an. Howcvcr, had thcy carricd out thc cxtra stcp ol looking at thc “cxamplcs” within thc Qur’an lor guidancc, thcy would havc comc to a lar diffcrcnt conclusion. Tc story ol Joscph and his brothcrs providcs thc clcarcst and simplcst cxamplc lor how to dcal with thc subjcct ol thclt… “Tey said: ‘By God, you know we have not come to cause corruption in the land, and we are not thieves!’ Tey said: ‘What shall be the punishment, if you are not truthful?’ Tey said: ‘ Te punishment is that he in whose saddlebag it is found will himself serve as the punishment. It is so that we punish the wicked.’” (Qur’an 12:73-75) Tc law ol God that Joscph applicd against his brothcr in thc mattcr ol thclt did not lcad to any amputation ol thc hand or any othcr mindlcss act ol violcncc. !t did, howcvcr, lcad to thc brothcr bcing madc to rcmain bchind Tnv N~:uv~i Rvvuniic 58 and work as against thc valuc ol thc itcm which hc was accuscd ol stcaling. Looking back at vcrsc 5:38, and il wc apply thc corrcct translation, wc gct a complctcly diffcrcnt undcrstanding lrom that ol Yusul Ali: “As for the thief, both male and female, you shall cut from their resources – as a penalty for what they have earned – to be made an example of from God. God is Noble, Wise.” (Qur’an 5:38) Tc corrcct undcrstanding ol thc vcrsc not only matchcs thc cxamplc ol thc punishmcnt lor thclt givcn in thc Scripturc, but it is also in linc with thc othcr chccks and balanccs that God has laid down, such as thc rcquircmcnt that thc punishmcnt should not cxcccd thc crimc (16:126). Prohibiting Women from Salat During Menstruation “O you who believe, if you rise to hold the contact prayer (Salat), then wash your faces and your hands up to the elbows, and wipe your heads and your feet to the ankles; and if you have had intercourse, then you shall bathe. And if you are ill, or traveling, or you have excreted feces, or you have had sexual contact with the women, and you cannot not find water, then you shall select from the clean soil; you shall wipe your faces and your hands with it. God does not want to place any hardship on you, but He wants to cleanse you and to complete His blessings upon you that you may be thankful.” (Qur’an 5:6) Vhilc God has clcarly outlincd lor His pcoplc what causcs thc ablution to bccomc nullificd, thc Sunni and Shia scholars havc invcntcd thcir own list to rival that ol God. Tis list includcs mcnstruating womcn, cating camcl mcat, and touching dogs. 59 Tnv N~:uv~i Rvvuniic Prohibiting Men from Wearing Gold and Silk “Say: ‘Who has made unlawful the nice things that God has brought forth for His servants and the good provisions?’ Say: ‘Tey are meant for those who believe during this worldly life, and they will be exclusive for them on the Day of Resurrection.’ It is such that We explain the revelations for those who know.” (Qur’an 7:32) To prohibit what God has madc lawlul is scvcrc to say thc lcast. Prohibiting mcn lrom wcaring gold and silk is onc ol thc many innovations thc scholars havc concoctcd. Prohibiting Art and Music “Tey made for him what he desired of enclosures, and images and pools of deep reservoirs, and heavy pots. ‘O family of David, work to give thanks.’ Only a few of My servants are thankful.” (Qur’an 34:13) Not only arc thc arts and music not lorbiddcn in thc Qur’an (which makcs thcm automatically pcrmissiblc), but wc also havc an cxamplc ol Solomon commissioning thc making ol statucs and vcrscs stating that bcautilul and humblc voiccs arc cncouragcd. All this is a lar cry lrom thc prohibitions that havc bccn lalscly attributcd to God and His mcsscngcr. Prohibiting the Keeping of Dogs for Domestic Use “And you would think they are awake while they are asleep. And We turn them on the right-side and on the left-side, and their dog has his arms outstretched at the threshold. If you looked upon them you would have run away from them and you would have been filled with terror from them!” (Qur’an 18:18) Tnv N~:uv~i Rvvuniic 60 Humankind has bccn using dogs lor hunting and lor domcstic purposcs (as pcts) lor as long as history has bccn rccordcd. Tc Qur’an cvcn honorcd thc dog in thc lamous story ol thc slccpcrs ol thc cavc, “Ahlul Kahl,” by mcntioning that a dog was among thosc who wcrc aslccp lor around 300 ycars. Yct, in onc movc, thc Sunnis and Shia who continuc to disrcgard thc Qur’an dcclarcd that dogs wcrc unclcan and that thcy cannot bc kcpt lor domcstic usc but may only bc uscd lor hunting or protcction. Tcy invcntcd ridiculous storics about thc dcvil appcaring in thc lorm ol a black dog and thcy insist that il a pcrson touchcs a dog, thcn hc/shc must wash scvcn timcs bclorc bcing ablc to pray. As a rcsult, millions upon millions ol Muslim childrcn havc bccn dcnicd thc plcasurc ol having a dog as a pct. Advocating the Killing of Apostates “Tere is no compulsion in the system; the proper way has been clarified from the wrong way. Whoever rejects evil, and believes in God, indeed he has taken grasp of the strongest hold that will never break. God is Hearer, Knower.” (Qur’an 2:256) Tc Qur’an statcs lrcqucntly that thcrc is no compulsion in rcligion (2:256, 10:99, 88:2122). Tc Qur’an advocatcs lrccdom ol bclicl and cxprcssion (18:29). Howcvcr, thc Sunnis and Shia havc convcrtcd this systcm ol knowlcdgc and rcason into a mafia organization, whcrc, oncc you cntcr, you can ncvcr lcavc! |8ukhari, \olumc 9, 8ook 83, Numbcr 17: Narratcd Abdullah| Allah’s Mcsscngcr said, “Tc blood ol a Muslim who conlcsscs that nonc has thc right to bc worshippcd but Allah and that ! am His Mcsscngcr, cannot bc shcd cxccpt in 61 Tnv N~:uv~i Rvvuniic thrcc cascs: in Qisas (cquality in punishmcnt) lor murdcr, a marricd pcrson who commits illcgal scxual intcrcoursc and thc onc who rcvcrts lrom !slam (Apostatc) and lcavcs thc Muslims.” Allowing a Man to Marry Up to Four Wives “And give the orphans their money, and do not replace the good with the bad, and do not consume their money with your money; for truly this is a great sin! And if you fear that you cannot be just to the orphans, then you may marry those who are agreeable to you of the women: two, and three, and four. But if you fear you will not be fair, then only one, or whom you maintain by your oaths. Tis is best that you do not face financial hardship.” (Qur’an 4:2-3) Today’s Sunnis and Shia bclicvc that duc to thcir high scxual libido, God has givcn thcm an “opcn liccnsc” to marry up to lour womcn to satisly somc ancicnt homo sapien scxual nccd. Vhat thcsc traditionalists havc convcnicntly ovcr lookcd is that marriagc to morc than onc wilc is restricted to thc prcscncc ol orphans and thus thc womcn mcn tioncd arc in lact thc mothcrs ol orphans alrcady undcr thc guardianship ol a man. Tc liccnsc lor polygamy is not a liccnsc to indulgc onc’s scxual dcsirc and lantasics, but is drivcn by a conccrn lor thc wcllarc ol orphans and human compassion so as to incorporatc thc orphancd lamily as pcrmancnt mcmbcrs and cquals into thc houschold thcy arc alrcady living in. Nullifying the Divorce Laws of the Scripture “O you prophet, if any of you have divorced the Tnv N~:uv~i Rvvuniic 62 women, then they should be divorced while ensuring that their required interim is fulfilled, and keep count of the interim. You shall reverence God your Lord, and do not evict them from their homes, nor should they leave, unless they commit an evident lewdness. And these are the boundaries of God. And anyone who transgresses the boundaries of God has wronged his soul. You never know; perhaps God will make something come out of this.” (Qur’an 65:1) Tc Qur’an is vcry strict on thc subjcct ol divorcc and highlights thc nccd lor a thrccmonth intcrim pcriod. Tc intcrim pcriod is critical in that thc couplc must rcmain undcr thc samc rool. At any timc during this phasc, thc divorcc procccdings may bc canccllcd and thc marriagc rcsumcd. Comparc this to thc dcstructivc divorcc laws practiccd by today’s scholars whcrcby thc man can divorcc thc mothcr ol his childrcn on thc spot by simply uttcring thc words “you arc divorccd” and whcrc thc ‘intcrim’ pcriod rcquiring thcm to rcmain togcthcr is complctcly ignorcd! Denying Wills and Testaments “God directs you regarding the inheritance of your children: ‘ To the male shall be as that given to two females. If they are women, more than two, then they will have two thirds of what is inherited. And if she is only one, then she will have one half. And to his parents, each one of them shall have one sixth of what is inherited, if he has a child. If he has no child and his parents are the heirs, then to his mother is one third; if he has siblings then to his mother is one sixth. All after a will is carried through or a debt. Your parents and your children, you do not know which are closer 63 Tnv N~:uv~i Rvvuniic to you in benefit, a directive from God, for God is Knowledgeable, Wise.’” (Qur’an 4:11) Tc Qur’an only allows its inhcritancc guidclincs to bc uscd il thcrc is no will and tcstamcnt, or il thcrc is inhcritancc still lclt ovcr altcr thc stipulations ol a will and tcstamcnt havc bccn carricd out. As can bc cxpcctcd, thc scholars havc dccidcd to opposc thc law ol God and havc statcd that a will and tcstamcnt bccomcs null and void il thc dcccascd has dcsccndants. Testifying to the Messengership of the Prophet “When the hypocrites come to you they say: ‘We bear witness that you are the messenger of God.’ And God knows that you are His messenger, and God bears witness that the hypocrites are liars.” (Qur’an 63:1) “Any good that befalls you is from God, and any evil that befalls you is from yourself. We have sent you as a messenger to the people and God is enough as a witness.” (Qur’an 4:79) Although God says that Hc is enough as a witncss to thc mcsscngcrship ol thc Prophct, thc masscs insist on not bclicving thc words ol thc Lord by giving tcstimony (saying: “wc bcar witncss that Mohammcd is thc mcsscngcr ol God”) to this cffcct cach and cvcry day. Tcy havc thus lallcn into thc samc trap that thosc during thc timc ol thc Prophct had lallcn into... ol saying with thcir mouths thc words that provc that thcir hcarts dcny thc truth. What Have We Done! Tc abovc cxamplcs arc mcrcly thc tip ol thc iccbcrg and thc contradictions bctwccn thc Sunni and Shia vcrsions ol !slam and thc !slam taught to us by God and His Mcsscngcr Tnv N~:uv~i Rvvuniic 64 run much widcr and dccpcr, ranging lrom thc structurc ol govcrnmcnt, to thc count ol thc ycar, to thc taxation imposcd, ctc. !t is thcrclorc no wondcr that thc wrath ol God is upon us and that wc arc dcstincd lor humiliation and dcstruction unlcss wc mcnd our ways and changc. All wc had to do was vcrily what wc wcrc bcing constantly told and taught and nonc ol this mcss would havc happcncd… “And do not uphold what you have no knowledge of; for the hearing, eyesight, and heart - all these you are responsible for.” (Qur’an 17:36) God has callcd us ncithcr Sunni nor Shia nor has Hc advocatcd thc laws that thc masscs currcntly imposc in His namc, but Hc has callcd us Muslims (thosc who havc submittcd) sincc thc days ol our lathcr Abraham, and that is a namc wc should all proudly carry. “And strive in the cause of God its truly deserved striving. He is the One who has chosen you, and He has made no hardship for you in the system, the creed of your father Abraham; He is the One who named you ‘those who have submitted’ from before and in this. So let the messenger be witness over you and you be witness over the people. So hold the contact prayer and contribute towards purification and hold tight to God, He is your patron. What an excellent Patron, and what an excellent Supporter.” (Qur’an 22:78) May God lorgivc us lor all thc wrong that wc havc donc… 65 6 Social Responsibility 8csidcs thc laws rcvcalcd by God that wcrc dcsigncd to govcrn our livcs, and which arc covcrcd in latcr chaptcrs, thc Scripturc has also listcd somc rulcs ol ctiqucttc, which wc arc adviscd to apply in our dcalings with cach othcr. “Tis Qur’an guides to that which is more upright, and it gives glad tidings to the believers who do good works that they will have a bountiful reward.” (Qur’an 17:9) Tc lollowing list docs not contain laws (in thc lcgal scnsc), but whcn God makcs a rccommcndation, it is Tnv N~:uv~i Rvvuniic 66 always advisablc lor us to “hcar and obcy” lor this will guarantcc happincss lor all involvcd. Always Respond to a Greeting “And if you are greeted with a greeting, then return an even better greeting or return the same. God is Reckoning over all things.” (Qur’an 4:86) Say Good Tings “Have you not seen how God puts forth the example that a good word is like a good tree, whose root is firm and whose branches are in the heaven. It bears its fruit every so often with the permission of its Lord; and God puts forth the examples for the people, perhaps they will remember.” (Qur’an 14:24-25) Be Humble and Speak Lightly “‘And be humble in how you walk and lower your voice. For the harshest of all voices is the voice of the donkeys.’” (Qur’an 31:19) Invite to God with Wisdom and Kindness “Invite to the path of your Lord with wisdom and good advice, and argue with them in that which is better. Your Lord is fully aware of who is misguided from His path, and He is fully aware of the guided ones.” (Qur’an 16:125) “It was a mercy from God that you were soft towards them; had you been harsh and mean hearted, they would have dispersed from you; so pardon them and ask forgiveness for them, and consult them in the matter; but 67 Tnv N~:uv~i Rvvuniic when you are convinced, then put your trust in God; for God loves those who put their trust.” (Qur’an 3:159) Be Kind to Your Parents “And your Lord decreed that you shall not serve except He, and do good to your parents. When one of them or both of them reach old age, do not say to them a word of disrespect nor shout at them, but say to them a kind saying. And lower for them the wing of humility through mercy, and say: ‘My Lord, have mercy upon them as they have raised me when I was small.’” (Qur’an 17:23-24) Suppress Anger and Forgive People “And race towards forgiveness from your Lord and a Paradise whose width encompasses the width of the heavens and of the earth; it has been prepared for the righteous. Te ones who spend in prosperity and adversity, and who repress anger, and who pardon the people; God loves the good doers.” (Qur’an 3:133-134) Counter Evil with Good “Not equal are the good and the bad response. You shall resort to the one which is better. Tus, the one who used to be your enemy, may become your best friend.” (Qur’an 41:34) “And those who are patient seeking the face of their Lord; and they hold the contact prayer, and they spend from what We have bestowed upon them secretly and openly, and they counter evil with good; these will have an excellent abode.” (Qur’an 13:22) Tnv N~:uv~i Rvvuniic 68 Do Not Say Bad Tings “And the example of a bad word is like a tree which has been uprooted from the surface of the earth, it has nowhere to settle.” (Qur’an 14:26) Do Not Be Arrogant or Carefree “‘And do not turn your cheek arrogantly from people, nor shall you roam the earth insolently. For God does not love the arrogant show off.’” (Qur’an 31:18) Do Not Engage in Ignorant Talk “And the servants of the Almighty who walk on the earth in humility and if the ignorant speak to them, they say: ‘Peace.’” (Qur’an 25:63) Do Not Insult the Idolaters “And do not insult those who call on other than God, lest they insult God out of ignorance. And We have similarly adorned for every nation their works; then to their Lord is their return and He will inform them of what they had done.” (Qur’an 6:108) Do Not Make Fun of Others or Call Tem Names “O you who believe, let not a people ridicule other people, for they may be better than they. Nor shall any women ridicule other women, for they may be better than they. Nor shall you mock one another, or call each other names; miserable indeed is the name of wickedness after attaining faith. And anyone who does 69 Tnv N~:uv~i Rvvuniic not repent, then these are the transgressors.” (Qur’an 49:11) Do Not Be Suspicious, Spy, or Backbite “O you who believe, if a wicked person comes to you with any news, then you shall investigate it. Lest you harm a people out of ignorance, then you will become regretful over what you have done.” (Qur’an 49:6) “O you who believe, you shall avoid much suspicion, for some suspicion is sinful. And do not spy on one another, nor shall you backbite. Would any of you enjoy eating the flesh of his dead brother? You certainly would hate this. You shall observe God. God is Redeemer, Merciful.” (Qur’an 49:12) Do Not Be Racist “O mankind, We created you from a male and female, and We made you into nations and tribes, that you may know one another. Surely, the most honorable among you in the sight of God is the most righteous. God is Knowledgeable, Expert.” (Qur’an 49:13) Jihad/Striving Tc word “Jihad” has bccn uscd by thc mcdia and cvcn thc Muslim masscs as a synonym lor “Holy Var.” Tus, supposcdly, whcn Muslims arc about to go to war or fight an cncmy, thcy dcclarc “Jihad” against that cncmy and all thc laithlul arc cxpcctcd to march bravcly and mobilizc against such an cncmy. Vhat wc find is that thc word “Jihad” is uscd in thc Scripturc in rclation to thc gcncral act ol struggling or striving and has ncvcr bccn uscd, as lalscly claimcd, solcly Tnv N~:uv~i Rvvuniic 70 as a dcclaration ol somc lanatical holy war to bc wagcd against thc infidcls and thcir allics. 8clow arc vcrscs that usc thc word “Jihad” and whosc mcaning is scllcvidcnt: “And We instructed the human being to be good to his parents. But if they strive ( Jahada) to make you set up partners with Me, then do not obey them. To Me are all your destinies, and I will inform you of what you used to do.” (Qur’an 29:8) “If they strive ( Jahadaka) to make you set up any partners besides Me, then do not obey them. But continue to treat them amicably in this world. You shall follow only the path of those who have sought Me. Ultimately, you all return to Me, then I will inform you of everything you have done.” (Qur’an 31:15) “Tose who believe, and those who have immigrated and strived ( Jahadu) in the cause of God; these are seeking the mercy of God; and God is Forgiving, Merciful.” (Qur’an 2:218) “Or did you think that you would enter the Paradise without God distinguishing those who would strive ( Jahadu) among you and distinguishing those who are patient?” (Qur’an 3:142) “Tose who have believed and emigrated and strived ( Jahadu) with their money and lives in the cause of God, and those who have sheltered and supported; these are the allies of one another. And those who believed but did not emigrate, you do not owe them any obligation until they emigrate. But if they seek your help in the system, then you must support them, 71 Tnv N~:uv~i Rvvuniic except if it is against a people with whom there is a covenant between you and them. And God is Seer over what you do.” (Qur’an 8:72) “Tose who have remained are happy with their position of lagging behind the messenger of God, and they disliked striving (Yujahidu) with their money and lives in the cause of God; and they say: ‘Do not mobilize in the heat.’ Say: ‘ Te fire of Hell is much hotter,’ if they could only understand.” (Qur’an 9:81) Slaves and Concubines Tc Qur’an had comc as a light and bcacon lor humankind so that it could rcgulatc social rclations and to guidc thc bclicving mcn and womcn. Howcvcr, wc scc a strangc pattcrn ol bchavior among thc Sunni and Shia masscs whcrcby thcy havc lcgitimizcd thc owning ol slavcs and concubincs lor nothing morc than scxual plcasurc and satislaction! Òl coursc, to commit a sin and thcn claim that God allowcd it is not ncw to humankind: “And if they commit evil acts, they say: ‘We found our fathers doing such, and God ordered us to it.’ Say: ‘God does not order evil! Do you say about God what you do not know?’” (Qur’an 7:28) Tc truth ol thc mattcr is that thc Qur’an docs not, under any circumstances, allow lor slavcs or concubincs. What Is the “License” Regarding Servants? “And marry off those among you that are single, and the good from among your male and female servants (!badikum). If they are poor, then God will grant Tnv N~:uv~i Rvvuniic 72 them from His grace. And God is Encompassing, Knowledgeable.” (Qur’an 24:32) Clcarly, thc Qur’an givcs no liccnsc lor a pcrson to havc illicit scxual rclations with his/hcr scrvant but rathcr spcaks ol hclping thcm gct marricd as an act ol rightcousncss. What about Slaves? Tc Qur’an rcquircs in many rcpcatcd vcrscs that slavcs bc sct lrcc as an act ol truc rightcousncss. At thc samc timc, thcrc arc no vcrscs allowing thc crcation ol ncw slavcs. Tus, il no onc is bcing cnslavcd whilc cxisting slavcs arc bcing sct lrcc, thcn thc issuc ol slavcry bccomcs a non issuc within a short pcriod ol timc lor any nation/statc bcing govcrncd by thc Qur’an. “Piety is not to turn your faces towards the east and the west, but pious is one who believes in God and the Last Day, and the angels, and the Book, and the prophets, and who gives money out of love to the relatives, and the orphans, and the needy, and the wayfarer, and those who ask, and to free the slaves; and who upholds the contact prayer, and who contributes towards purification; and those who keep their pledges when they make a pledge, and those who are patient in the face of hardship and adversity and when in despair. Tese are the ones who have been truthful, and these are the righteous.” (Qur’an 2:177) What about Captives? Tc word in thc Scripturc lor captivcs is “Asra.” As cxpcctcd, though thc Qur’an spcaks ol captivcs and how thcy should bc trcatcd, it ncvcr, undcr any circumstanccs, providcs a liccnsc lor anyonc to havc scx with thcm or abusc thcm or rapc thcm! 73 Tnv N~:uv~i Rvvuniic “And they give food out of love to the poor and the orphan and the captive. ‘We only feed you seeking the face of God; we do not desire from you any reward or thanks.’” (Qur’an 76:8-9) What about “Ma Malakat Aymanukum”? Tc last scctarian jab at trying to find ways ol having illicit scx comcs undcr thc dclibcratc misintcrprctation ol “Ma Malakat Aymanukum.” !t is argucd that thc Qur’an givcs liccnsc to havc scx with this catcgory ol womcn, which mcans that concubincs arc pcrmittcd. Tc pcoplc who put lorward such argumcnts apparcntly do not carc to rcad thc Qur’an closcly, clsc thcy would havc spottcd thc lollowing vcrsc: “And whoever of you cannot afford to marry the in- dependent female believers, then from those main- tained by your oaths (Ma Malakat Aymanukum) of the believing young women. And God is more aware of your faith, some of you to each other. You shall marry them with the permission of their par- ents and give them their dowries in kindness; to be independent, not for illicit sex or taking lovers. When they become independent, then any of them who come with lewdness shall have half of what is the punishment for those independent. Tis is for those who are concerned about deviating from among you. But if you are patient it is better for you, and God is Forgiver, Merciful.” (Qur’an 4:25) !n thc clcarcst ol possiblc words, God is tclling us that thc pcoplc lrom this catcgory (which includcs malcs as wcll as lcmalcs 24:31) arc young pcoplc who arc still undcr guardianship, and who can only bc cntcrcd into a rclationship with undcr marriage, and that such marriagc rcquircs thc approval ol thcir parcnts/guardians. Tnv N~:uv~i Rvvuniic 74 So much lor concubincs! Te Independent Women (Muhsanat) To finish thc discussion rcgarding thc catcgorics ol womcn and thc rcquircmcnt lor thcir marriagc, it is worth looking at thc vcrscs that dcal with womcn who havc bccomc “indcpcndcnt”: “And the independent from the women, except those maintained by your oaths; the book of God over you; and permitted for you is what is beyond this, if you are seeking with your money to be independent, not for illicit sex. As for those whom you have already had joy with, then you shall give them their dowries as an obligation. Tere is no sin upon you for what you agree on after the obligation. God is Knowledgeable, Wise. And whoever of you cannot afford to marry the independent female believers, then from those maintained by your oaths of the believing young women. And God is more aware of your faith, some of you to each other. You shall marry them with the permission of their parents and give them their dowries in kindness; to be independent, not for illicit sex or taking lovers. When they become independent, then any of them who come with lewdness shall have half of what is the punishment for those independent. Tis is for those who are concerned about deviating from among you. But if you are patient it is better for you, and God is Forgiver, Merciful.” (Qur’an 4:24-25) A woman bccomcs “indcpcndcnt” (Muhsana) lrom hcr lamily/guardian by virtuc ol marriagc (4:25) or, by scll invocation ol indcpcndcncc (24:33). Òncc a woman bccomcs “indcpcndcnt,” thcn shc rctains such status lor lilc, cvcn il shc bccomcs divorccd or widowcd. Morc importantly, thc Qur’an cncouragcs that “indcpcndcnt/ 75 Tnv N~:uv~i Rvvuniic maturc” womcn bccomc thc first choicc lor marriagc ovcr sccking youngcr partncrs (4:25). Dress Code for Women Tc Muslim nations ol today takc pridc in thc lact that most ol thcir womcnlolk wcar hcadcovcrs whcn going out or at work. Tcsc womcn arc considcrcd sacrcd bccausc thcy arc adhcring to thc way ol thc Prophct and arc thus rcprcscnting thc monothcistic laith. Fcw things idcntily an !slamic woman as quickly as thc scarl thc wcaring ol which is promotcd in schools, through thc mcdia, and cvcn in lorcign countrics whcrc it has bccomc a mattcr ol idcntity, such as in Francc. Vhat il wc darcd say that thc lamous !slamic hcadscarl, callcd a Hijaab, has no basis in thc 8ook ol God and is thcrclorc an innovation: How would all thosc millions ol dcvotcd womcn and thcir mcnlolk lccl knowing that thcy havc bccn cclcbrating an achicvcmcnt that has no basis in !slam and can rathcr bc traccd back to Rabbinical Judaism: Te Word “Hijab” In the Scripture? Tc namc ol thc hcadcovcr in today’s !slam is Hijab. Tis word and its dcrivativcs occur scvcn timcs in thc Scripturc, and not oncc do thcy rclcr to a hcadcovcr or arc cvcn rclatcd to drcss as thc masscs havc bccn lcd to bclicvc. Hcrc arc thc occurrcnccs ol thc word “Hijab” in thc Qur’an: 7:46, 17:46, 19:17, 33:53, 38:32, 41:5, and 42:51. Four Dress Code Rules Tc lollowing lour rulcs arc what thc Qur’an has to say about thc drcss codc lor womcn: 1. Righteousness is the Best Garment “O Children of Adam, We have sent down for you gar- Tnv N~:uv~i Rvvuniic 76 ments to alleviate your sin, and feathers; and the gar- ment of righteousness is the best. Tat is from the signs of God, perhaps they will remember.” (Qur’an 7:26) 2. Cover Your Private Parts “And tell the believing females to lower their gaze and keep covered their private parts...” (Qur’an 24:31) 3. Cover Your Breasts “And tell the believing females to lower their gaze and keep covered their private parts, and that they should not reveal their beauty except what is apparent, and let them put forth their shawls over their cleavage. And let them not reveal their beauty except to their husbands, or their fathers, or fathers of their husbands, or their sons, or the sons of their husbands, or their brothers, or the sons of their brothers, or the sons of their sisters, or their women, or those maintained by their oaths, or the male servants who are without need, or the child who has not yet understood the composition of women. And let them not strike with their feet in a manner that reveals what they are keeping hidden of their beauty. And repent to God, all of you believers, that you may succeed.” (Qur’an 24:31) 4. Dress Sensibly According to Situation “O prophet, tell your wives, your daughters, and the women of the believers that they should lengthen upon themselves their outer garments. Tat is better so that they will not be recognized and harmed. God is Forgiver, Merciful.” (Qur’an 33:59) Tc issuc ol drcss codc takcs on an cntircly ncw dimcnsion il wc rcvcrt back to thc Scripturc and stop lollowing thc 77 Tnv N~:uv~i Rvvuniic innovations that arc dcsigncd to undcrminc thc pcrlcct systcm ol God. Muslim womcn arc to drcss according to thc situation/placc thcy arc in. !l thcy arc at thc bcach, thcn thcy may cxcrcisc thc minimum drcss codc rcquircmcnt by covcring thcir gcnitalia and bosoms. !l thcy arc in a city sctting, thcn thc minimum bccomcs unacccptablc as it will attract harm in most cascs, and thus thc woman is to drcss conscrvativcly (by lcngthcning hcr garmcnts). Tis is thc dynamic systcm ol thc Scripturc, onc that providcs lor thc nccds ol thc world as wcll as thc rcquircmcnts lor thc Hcrcaltcr. What about the Order to Stay at Home in 33:33? “ You shall settle down in your homes, and do not go about like in the old days of ignorance. You shall hold the contact prayer, and contribute towards purification, and obey God and His messenger. God wishes to remove any affl iction from you, O people of the Sanctuary, and to purify you completely.” (Qur’an 33:33) Tc wivcs ol thc Prophct arc trcatcd unlikc othcr womcn (33:32) and thus havc bccn givcn spccial rulcs and status in thc Scripturc that do not apply to thc othcr bclicvcrs. Hcrc arc somc cxamplcs ol thc diffcrcnccs: • !l any ol thcm commits lcwdncss, shc rcccivcs doublc thc punishmcnt ol ordinary bclicvcrs. (33:30) • !l shc docs good works, thcn shc is grantcd doublc thc rcward. (33:31) • !l thc Prophct dics, thcn nonc ol his wivcs may rcmarry. (33:53) As such, thc laws that apply to thc wivcs ol thc Prophct cannot bc (and should not bc) cnlorccd on othcr bclicving womcn. 78 7 Economic System Thc Scripturc highlights thc principlc ol cconomic dcvclopmcnt lor humankind and cstablishcs thc guidclincs and rulcs with which such principlc is to opcratc. “Wealth and sons are a beauty of this worldly life. But the good deeds that remain behind are better with your Lord for a reward, and better for hope.” (Qur’an 18:46) 79 Tnv N~:uv~i Rvvuniic Te Value of Money “O you who believe, many of the Priests and Monks consume the money of the people in falsehood, and they repel from the path of God. And those who hoard gold and silver, and do not spend it in the cause of God, give them news of a painful retribution.” (Qur’an 9:34) Moncy is rccognizcd as that which is coincd lrom gold and/or silvcr or that which is printcd and backcd by gold and/or silvcr as an acccptablc mcdium lor cxchangc bctwccn pcoplc and/or cntitics. Troughout history, gold and silvcr havc bccn among thc things most in dcmand duc to thcir intrinsic industrial valuc and high proccssing and cxtraction costs. Tc notion ol using papcr as moncy can bc traccd back to thc latc 1700s whcn thc Unitcd Statcs printcd papcr dollars callcd thc contincntals. A problcm arosc whcrc pcoplc rcluscd to cxchangc goods and scrviccs lor mcrc papcr. Hcncc, thc U.S. saying “not worth a contincntal.” Ðuring thc Civil Var, thc U.S. printcd “grccnback” papcr moncy, which, as a currcncy, pcoplc similarly rcjcctcd. Pcoplc rccognizcd that thc papcr had no valuc, and thus, thcy would bc trading thcir goods and scrviccs lor virtually nothing. Tcy simply wcrc “not worth a grccnback.” Convincing pcoplc to acccpt papcr as currcncy or moncy was vcry clcvcrly achicvcd through a twostcp approach: 1. Papcr was issucd and backcd by a dcposit ol gold and silvcr hcld by thc govcrnmcnt. Tus, pcoplc wcrc comlortablc trading thc papcr, which, in rcality, was a titlc to rcal gold or silvcr and which Tnv N~:uv~i Rvvuniic 80 had thc lollowing words writtcn on it: “pay to thc bcarcr on dcmand thc valuc ol…” US Ðollars Notc—8ackcd by Gold and Silvcr 2. Òncc pcoplc bccamc comlortablc in cxchanging goods and scrviccs using this papcr, thc govcrnmcnts ol thc world in succcssion rcmovcd thc gold and silvcr backing lrom thc papcr by rcmoving thc statcmcnt “pay to thc bcarcr” and thus all moncy thcrcaltcr bccamc known as fiat moncy. US Ðollars Today—8ackcd by Nothing Most pcoplc today arc unawarc ol thc injusticc that has bccn committcd, and that thcy arc working hard lor many ycars whilc bcing paid in papcr. Vhilc somc may arguc that papcr docs havc valuc bccausc it is acccptcd by othcrs as paymcnt lor goods and scrviccs, this myth is quickly cxposcd as soon as a govcrnmcnt collapscs or a statc ol war is dcclarcd. Pcoplc who owncd millions ol fiat notcs can no longcr afford to cvcn buy a mcal as no tradcr is willing to acccpt what has apparcntly bccomc just a piccc ol papcr! 81 Tnv N~:uv~i Rvvuniic Using thc !slamic principlc ol moncy coincd or backcd by gold and silvcr, wc can scc how cvcn in thc cvcnt ol govcrnmcnt collapsc or war, thc gold and silvcr will still rctain its intrinsic valuc, and thc purchasing powcr will only bc affcctcd by thc laws ol supply and dcmand. Tus, thc loundation ol moncy bcing bascd on gold and silvcr is in lact a loundation ol justicc. Interest “O you who believe, do not consume usury, compounding over and over; and reverence God that you may succeed.” (Qur’an 3:130) To cxaminc thc subjcct ol “intcrcst,” wc nccd to first dcfinc thc word. !slamic scholars havc conflicting opinions rcgarding thc subjcct ol intcrcst. !s it any growth in moncy, cvcn onc pcrccnt: Òr, is it an cxccssivc growth in moncy, say morc than 10 pcrccnt: Tcrc arc many books on thc subjcct writtcn by !slamic scholars with vicws against any growth, and vicws against cxccssivc growth. Ònc ol thc scholars at AlAzhar Univcrsity, Cairo, wrotc a book on thc subjcct somc ycars back, and hc camc to thc conclusion that thc intcrcst mcntioncd in thc Scripturc (callcd “Riba” in Arabic) was cxccssivc intcrcst. Hc had bascd thcsc findings on a study ol cconomic principlcs and thc movcmcnt ol goods and scrviccs, with thc prcmisc ol his argumcnt bcing: “!l moncy docsn’t grow, thcn thcrc is no inccntivc to lcnd, which mcans stagnation in cconomic dcvclopmcnt.” To simplily our qucst, wc turn to thc Scripturc to undcrstand thc mcaning ol intcrcst (Riba). “And from among His signs is that you see the land still, then, as soon as We send down the water upon it, it shakes and grows (Rabat). Surely, the One who Tnv N~:uv~i Rvvuniic 82 revived it can revive the dead. He is capable of all things.” (Qur’an 41:39) Hcrc, wc rcad that thc land, oncc it is lcd by watcr, will grow (Rabat). Tis growth is givcn no mcasurc, nor quantity, nor pcrccntagc. Tus, in thc simplcst tcrms, wc find that intcrcst (Riba) is any growth. Tis undcrstanding is confirmcd in vcrsc 30:39 bclow, which spcaks ol intcrcst as bcing a ‘growth’ in thc moncy ol thc pcoplc: “And any usury you have taken to grow from the money of the people, it will not grow with God. And any contribution that you have placed seeking the face of God, then those will be multiplied.” (Qur’an 30:39) What Is the Ruling of the Scripture on Interest? “Tose who consume usury do not rise except as one being influenced by the touch of the devil. Tat is because they have said: “Trade is the same as usury.” While God has made trade lawful, and He has made usury unlawful. Whoever has received understanding from His Lord and ceases, then he will be forgiven for what was before this and his case will be with God. But whoever returns, then they are the people of the Fire, in it they will abide. God condemns usury, and He grants growth to the charities. And God does not love any wicked sinner. Tose who believe and do good works, and hold the contact prayer, and contribute towards purification; they will have their recompense with their Lord and there is no fear over them nor will they grieve. O you who believe, be aware of God and give up what is left from usury, if you are truly believers. And if you will not do this, then be aware of a war from God and His messenger; but if you repent, then 83 Tnv N~:uv~i Rvvuniic you will have back your principal money, you will not be wronged nor will you wrong.” (Qur’an 2:275-279) Tc Scripturc, using thc clcarcst possiblc languagc, lorbids intcrcst and its transactions. !n lact, thc Scripturc gocs onc stcp bcyond lorbidding and actually dcclarcs war on thosc who insist on continuing in this practicc and disrcgarding thc laws ol God. Clcarly, this is a most scrious mattcr that is not to bc takcn lightly or ovcrlookcd! Why Is Interest Forbidden? “And for their taking of usury, while they were prohibited from doing so, and for their consuming the money of the people unjustly. We have prepared for the disbelievers among them a painful retribution.” (Qur’an 4:161) A study ol intcrcst using thc tools ol logic and rcason will lcad us to thc lorcgonc conclusion which thc Scripturc has alrcady highlightcd—thc issuc ol injusticc. Vhat has intcrcst got to do with injusticc: Using simplificd cxamplc, wc will show how thc injusticc cxists: • Vc will takc a small villagc, cut off lrom thc world, and with a population ol only 100 pcoplc. • A wcalthy villagcr has cnough gold and silvcr to producc cxactly 1,000 coins, and hc convinccs thc villagcrs that to usc thcsc coins as a mcdium ol cxchangc is casicr than thc bartcr systcm thcy had bccn cngagcd in. • Tc wcalthy villagcr (wc will call him “thc bankcr”) lcnds his moncy in rcturn lor intcrcst. So, lor cvcry tcn coins hc lcnds, hc dcmands onc Tnv N~:uv~i Rvvuniic 84 cxtra coin in rcturn as intcrcst. • Now, at thc cnd ol thc loan pcriod (assumc it is onc ycar), thc bankcr gocs to collcct his moncy plus thc intcrcst. Hc finds that somc villagcrs wcrc succcsslul through thcir work and tradc in making thc cxtra onc coin, whilc othcrs simply could not makc thc intcrcst paymcnt. • Tc bankcr thcn confiscatcs thc propcrtics/ posscssions ol thosc villagcrs who dclaultcd. Tcsc propcrtics/posscssions arc worth an amount at lcast cqual to thc moncy plus intcrcst owcd. • Tcn, thc bankcr starts thc ncw ycar oncc again by lcnding out his 1,000 coins in rcturn lor intcrcst, and thc cyclc gocs on… Tough this cxamplc is cxtrcmcly simplificd, you may havc bccn ablc to undcrstand thc dcsign flaw rclatcd to thc issuc ol intcrcst. Tc flaw cxists in that no mattcr how hard thc villagcrs work, or how many goods thcy arc ablc to producc, thcy will ncvcr all bc ablc to mcct thc intcrcst paymcnt simply bccausc only 1,000 coins cxist, whilc thc bankcr is waiting lor 1,100 to bc rcturncd to him at thc cnd ol thc ycar (hcncc it is a physical impossibility). Tis is why intcrcst is lorbiddcn in thc Scripturc and why God dcclarcs war on thosc who partakc ol it. !t is a lraudulcnt systcm dcsigncd to trick pcoplc into giving up thcir posscssions bit by bit until thc bankcrs own cvcrything and thc lrcc pcoplc bccomc slavcs on thcir own propcrty! Financial Institutions Tc practiccs ol financial institutions today warrant mcntion sincc thcy arc not in conlormity with thc guidclincs sct out by thc Scripturc. 8csidcs thc issuc ol intcrcst (which is covcrcd in this chaptcr) thcrc arc somc clcmcnts that nccd to bc highlightcd. 85 Tnv N~:uv~i Rvvuniic Te Holding of Deposits “And from among the people of the Book are those whom if you entrust him with a large amount he gives it back to you, and there are those whom if you entrust with one gold coin he will not return it to you unless you are standing over him. Tat is because they said: “We have no obligation towards the Gentiles.” Tey say about God lies while they know.” (Qur’an 3:75) Tc practicc ol banking today is bascd on thc banks using thc moncy ol thcir customcrs to makc loans or othcr financial transactions, thus bccoming richcr and richcr without any bcncfit accruing to thc owncr ol thc moncy. Tis practicc is akin to a pcrson lcaving his/hcr car at a parking garagc only to havc thc car rcntcd out by thc attcndants without thc conscnt ol thc owncr. !l all thc dcpositors wcrc to comc and withdraw thcir moncy at oncc (known as a run on thc bank) thcy would bc shockcd to discovcr that thc bank docs not havc thcir moncy and lilc savings availablc in its vaults as it has bccn lcnding and invcsting and cvcn losing thc moncy without thc pcrmission ol thc truc owncrs ol such moncy! Tc financial institutions arc not thc owncrs ol thc moncy dcpositcd with thcm, and thcrclorc arc not pcrmittcd undcr thc Scripturc to lcnd, invcst, or othcrwisc utilizc or bcncfit lrom such moncy without thc lull approval and conscnt ol thc moncy owncr. Ðcpositors would pay a lcc to thc financial institutions lor cnsuring thc salckccping ol thcir moncy (by having vaults and sccurity). Ðcpositors would only rcccivc paymcnt lrom thc financial institution il thcir moncy was bcing utilizcd and thcy wcrc rccciving a sharc ol thc profits (or loss) lrom such utilization. Tnv N~:uv~i Rvvuniic 86 Granting Credit Facilities “O you who believe, if you borrow for a future period, then you shall record it. And let a scribe of justice record it for you; and let not the scribe refuse to record as God has taught him. Let him record and let the person who is borrowing dictate to him, and let him be aware of God, and let him not reduce from it anything. If the one who is borrowing is immature or weak or he cannot dictate himself, then let his guardian dictate with justice; and bring two witnesses from among your men; if there are not two men, then a man and two women from whom you will accept their testimony, so that if one of them becomes blindsided, then the one can remind the other. And let the witnesses not refuse to come if they are called. And do not fail to record it no matter how small or large until its maturity. Tat is more just with God and better for the testimony, and better that you do not have doubts; except if it is a trade to be done on the spot between you, then there is no sin upon you if you do not record it. And have evidence if you trade. No scribe shall be harmed nor any witness; for if you do so then it is a wickedness on your part, and be aware of God and God teaches you and God is aware of all things.” (Qur’an 2:282) Lcnding is pcrmittcd lor financial institutions on condition that thcrc is no intcrcst involvcd, and that thc financial institution is lcnding its own moncy, or thcrc is clcar authorization lrom thc owncr ol thc moncy allowing such lcnding to takc placc. Tcrc arc altcrnativc mcthods ol financing that conlorm to thc principlcs ol thc Qur’an and which will grant bcncfits/rcturns to thc owncrs ol thc moncy whilc avoiding thc injusticc ol intcrcst: 87 Tnv N~:uv~i Rvvuniic Purchase Financing (Murabaha) Tis is thc mcthod whcrcby thc bank buys thc goods on bchall ol thc customcr and thcn sclls it to thc customcr at a highcr pricc ovcr a longcr pcriod ol timc (c.g., thc bank buys thc housc that Mrs. Adam wants lor 100,000 Ðinars and thcn sclls it to Mrs. Adam lor 120,000 Ðinars ovcr an installmcnt pcriod ol 5 ycars). Although thc goods or propcrty would bc givcn to thc customcr immcdiatcly, thcy would rcmain in thc namc/owncrship ol thc bank as collatcral until lull paymcnt is rcccivcd. Tc diffcrcncc bctwccn this mcthod and that ol giving a dircct loan that involvcs intcrcst is thrcclold: • Tcrc is no cxchangc ol cash lor morc cash (this is thc inhcrcnt flaw in thc casc ol intcrcst). • Tc itcm rcmains thc propcrty ol thc scllcr until final paymcnt is madc. • Tc pricc ol thc itcm is fixcd (in this casc at 120,000) with no possibility ol incrcasc cvcn in cascs ol dclault (thc dcal may bc callcd off, or thc propcrty confiscatcd and sold to anothcr customcr, but thc pricc will not incrcasc). Investment Financing (Musharaka) !nvcstmcnt Financing is thc cntcring into partncrship lor a spccific vcnturc or company with cach participant considcrcd a part owncr according to his/hcr sharc. !nvcstmcnt is a highly cncouragcd usc ol moncy as it not only crcatcs wcalth lor thc invcstor (il thc vcnturc is succcsslul), but it also crcatcs jobs and bolstcrs thc cconomy through thc circulation ol moncy. Tnv N~:uv~i Rvvuniic 88 Development/Construction Financing (Istisn’a) Tis mcthod ol financing is suitablc lor projccts or goods that arc yct to bc dcvclopcd/produccd, but which thc customcr will bc committcd to purchasing oncc thc dcal is donc. Tc bank would pay thc contractor or dcvclopcr dircctly and, oncc thc projcct is complctc, it would scll to thc customcr according to whatcvcr tcrms and amounts wcrc agrccd prior to thc dcvclopmcnt/construction. Interest-free Loans Tc bank may providc intcrcstlrcc loans to its customcrs according to how it sccs fit. Such loans may bc collatcralizcd partially or lully to rcmovc any conccrn or doubt about rcpaymcnt. Credit Cards Crcdit cards may bc uscd in an !slamic bascd cconomy as long as thc cardholdcr is not chargcd any intcrcst. Tc way this can at thc samc timc bc profitablc lor thc crcdit card companics is lor rctailcrs to agrcc to givc a pricc “discount” to thc crcdit card companics whcncvcr thcir card is uscd to makc a purchasc. Tus, whilc an itcm may cost 100 Ðinars to purchasc in cash, thc rctailcr would only bill thc crcdit card company lor 95 Ðinars, whilc thc crcdit card company bills thc cardholdcr lor thc lull pricc ol 100 Ðinars (thc 5 Ðinar bccomcs thc rcvcnuc lor thc crcdit card company scrviccs). Te Buying and Selling of Foreign Currencies “And it was thus that We delivered them so they would ask themselves. A speaker from among them said: ‘How long have you stayed?’ Tey said: ‘We stayed a day or part of a day.’ He said: ‘ Your Lord is surely aware how long you stayed, so send one of you with these stamped coins of yours to the city, and let 89 Tnv N~:uv~i Rvvuniic him see which is the tastiest food, and let him come with a provision of it. And let him be careful and let no one notice you.’” (Qur’an 18:19) Tc buying and sclling ol lorcign currcncics is pcrmittcd on condition that thc itcms bcing cxchangcd arc ol an cqual valuc (i.c. moncy backcd by gold and silvcr cannot bc tradcd lor a fiat notc). Land Ownership “And remember that He made you successors after ‘Aad, and He established you in the land so that you make palaces on its plains, and you carve homes in the mountains. So remember the grace of God, and do not roam the earth as corrupters.” (Qur’an 7:74) “And We let the people who were weak inherit the east of the land and the west of it which We have blessed. And the good word of your Lord was completed towards the Children of Israel for their patience; and We destroyed what Pharaoh and his people were doing, and what they contrived.” (Qur’an 7:137) Land may bc owncd by individuals or cntitics and may bc tradcd, bought and sold. Howcvcr, it is thc duty ol any !slamic govcrnmcnt/statc to cnsurc that thc land is bcing dcvclopcd or improvcd and that it is not simply trading hands lor profit. Tis can bc achicvcd through a systcm ol pcnaltics and fincs which can bc applicd to rcsidcntial arcas to cnsurc that no land is bcing bought without thcrc bcing a clcar purposc and plan to dcvclop and utilizc it. 90 8 Environmental Protection Tc Scripturc placcs much locus on thc issuc ol cnvironmcntal protcction, which includcs thc protcction ol both animals and thc ¡arth. An cvidcnt attributc ol a statc that adhcrcs to thc Scripturc would bc its locus on thc cnvironmcnt and ways in which thc cnvironmcnt can bc protcctcd and thc balancc maintaincd. “And He raised the heaven and He established the balance. Do not transgress in the balance.” (Qur’an 55:7-8) 91 Tnv N~:uv~i Rvvuniic Tc itcms listcd arc scllcxplanatory: Te Restricted Months “O you who believe, honor your contracts. Made lawful for you are all the animals of the livestock, except that which is being recited to you. You are not permitted to hunt the game while you are under restriction. God decrees as He pleases.” (Qur’an 5:1) “O you who believe, do not violate the symbols of God, nor the restricted month, nor the donations, nor what is regulated, nor the safety made by the Restricted Sanctuary; for they are seeking a bounty from their Lord and a blessing. And when it is permitted for you, then you may hunt. And let not the hatred of another people; because they had barred you from the Restricted Temple; make you aggress. And help each other in piety and righteousness, and do not help each other in sin and aggression. And be aware of God, for the retribution of God is severe.” (Qur’an 5:2) “Lawful for you is the catch of the sea, to eat it as enjoyment for you and for those who travel; and unlawful for you is the catch of the land as long as you are under restriction; and be aware of God to whom you will be gathered.” (Qur’an 5:96) Hunting Penalties “O you who believe, do not kill any game while you are restricted; and whoever of you kills it deliberately, then the recompense is to value what was killed against the livestock, which shall be judged by two equitable persons from you, and to make it as a donation to reach the Ka’aba. Or, its expiation shall Tnv N~:uv~i Rvvuniic 92 be in using it to feed the needy ones, while he abstains from it; that is to suffer the results of his deed; God forgives what has past. And whoever returns, then God will seek vengeance on him. God is Noble, capable of vengeance.” (Qur’an 5:95) “God has made the Ka’aba to be the Restricted Sanc- tuary; to enforce for the people, and for the restricted month, and for the donations, and for regulation; that is so you may know that God knows what is in the heavens and what is in earth, and that God is aware of all things.” (Qur’an 5:97) Restricted Foods “Forbidden to you is that which is already dead, and the blood, and the meat of pig, and what was dedicated to other than God, and that which has been strangled, and that which has been beaten to death, and that which has fallen from a height, and that which has been gored, and that which the wild animals have eaten from except what you managed to rescue, and what has been slaughtered on altars, and what you divide by the arrows of chance. Tis is wickedness. Today the rejecters have given up from your system, so do not be concerned by them, but be concerned by Me. Today I have perfected your system for you, and completed My blessings upon you, and I have approved submission as the system for you. So, whoever is forced by severe hunger and not seeking sin, then God is Forgiving, Merciful.” (Qur’an 5:3) “Tey ask you what was made lawful to them, say: “All the good things have been made lawful for you, and what the trained dogs and birds catch, you teach 93 Tnv N~:uv~i Rvvuniic them from what God teaches you.” So eat from what they have captured for you and mention the name of God upon it, and be aware of God. God is swift in reckoning.” (Qur’an 5:4) “Today, the good things have been made lawful to you, and the food of those who have been given the Book is lawful for you, and your food is lawful for them; and the independent females from those who are believers, and the independent females from those who have been given the Book before you, if you have given them their dowries, to be independent, not for illicit sex or taking lovers. And whoever rejects belief, then his work has fallen, and in the Hereafter he is of the losers.” (Qur’an 5:5) “So eat from that on which the name of God has been mentioned, if you indeed believe in His revelations. And why should you not eat that on which the name of God has been mentioned, when He has fully detailed to you what has been made unlawful; except what you are forced to? Many misguide by their desires without knowledge; your Lord is fully aware of the transgressors. And leave what is openly a sin and what is subtle of it; those who earn sin will be punished for what they have taken. And do not eat from that which the Name of God has not been mentioned, for it is wickedness. And the devils they inspire their supporters to argue with you; and if you obey them, then you are polytheists.” (Qur’an 6:118-121) Tnv N~:uv~i Rvvuniic 94 Ecological Balance “Have you noted the crops you reap? Did you grow them, or were We the Ones who grew them? If We wished, We can turn them into hay. Ten you will be left in wonderment: ‘We are lost. No, we are deprived!’ Have you noted the water you drink? Did you send it down from the clouds, or was it We who sent it down? If We wished, We can make it salty. If only you would give thanks. Have you noted the fire you kindle? Did you establish its tree, or was it We who established it? We rendered it a reminder, and a useful tool for the users. You shall glorify the name of your Lord, the Great.” (Qur’an 56:63-74) “Until they came to a valley of ants, a female ant said: ‘O ants, enter your homes else you will be crushed by Solomon and his soldiers while they do not notice.’ He then smiled, amused by what she said. And he said: ‘My Lord, help me to be thankful for the blessings You have bestowed upon me and upon my parents, and that I may do good works that pleases You, and admit me by Your Mercy with Your righteous servants.’” (Qur’an 27:18-19) “Damage has appeared in the land and the sea at the hands of people by what they earn. He will make them taste some of what they have done, perhaps they will return.” (Qur’an 30:41) 8y ncglccting our dutics as a spccics and by abusing thc natural cnvironmcnt, wc risk damaging thc habitat and homc that God has madc to providc lor us until thc Ðay ol Judgmcnt. !t is only now in this ccntury, altcr thc damagc has bccn donc, that humankind undcrstands thc scvcrity ol thcsc warnings. 95 9 Civil Laws Tis chaptcr will dcal with thc laws ol thc Scripturc rcgarding most (il not all) aspccts ol lamily, lrom marriagc, lamily disputcs, divorcc procccdings, dcath and burial, to thc handling ol wills and inhcritancc. Marriage Tc lollowing arc thc conditions to bc mct by pcoplc who arc sccking marriagc: Tnv N~:uv~i Rvvuniic 96 Tat the marriage is between a male and a female “ ‘Do you approach the males of the worlds? And you leave what your Lord has created for you of mates? You are an intrusive people!’” (Qur’an 26:165-166) Te male and female are not of the restricted groups “And do not marry who your fathers had married from the women, except what has already been done. It is a lewdness, and an abhorrence, and an evil path. Forbidden for you are your mothers, and your daughters, and your sisters, and the sisters of your father, and the sisters of your mother, and the daughters of your brother, and the daughters of your sister, and your foster mothers who suckled you, and your sisters from suckling, and the mothers of your women, and your step-daughters who are in your lodgings from your women with whom you have already consummated the marriage; if you have not consummated the marriage then there is no sin upon you; and those who were in wedlock with your sons who are from your seed, and that you join between two sisters except what has already been done. God is Forgiving, Merciful. And the independent from the women, except those maintained by your oaths; the book of God over you; and permitted for you is what is beyond this, if you are seeking with your money to be independent, not for illicit sex. As for those whom you have already had joy with, then you shall give them their dowries as an obligation. Tere is no sin upon you for what you agree on after the obligation. God is Knowledgeable, Wise.” (Qur’an 4:22-24) “Te divorce is allowed twice. So, either they remain together equitably, or they part ways with goodness. And it is not lawful for you to take back anything you 97 Tnv N~:uv~i Rvvuniic have given them unless you fear that they will not uphold the boundaries of God. So if you fear that they will not uphold the boundaries of God, then there is no sin upon them for what is given back. Tese are the boundaries of God so do not transgress them. And whoever shall transgress the boundaries of God, then these are the wicked. So if he divorces her again, then she will not be lawful for him until after she has married a different husband; if he divorces her; then there is no sin that they come back together if they think they will uphold the boundaries of God. Tese are the boundaries of God, He clarifies them for a people who know.” (Qur’an 2:229-230) Te male and female requesting marriage are single 4 “And let those who are not able to marry continue to be chaste until God enriches them of His Bounty. And if those who are maintained by your oaths seek to consummate the marriage, then document it with them if you find that they are ready, and give them from the wealth of God which He has bestowed upon you. And do not force your daughters into marriage when they have desired independence, in order that you may make a gain in the goods of this worldly life. But if anyone has compelled them, then for their compulsion, God is Forgiving, Merciful.” (Qur’an 24:33) Te male and female have parental consent if minors “And whoever of you cannot afford to marry the independent female believers, then from those maintained by your oaths of the believing young women. And God is more aware of your faith, some 4 According to thc Scripturc in 4:3, an cxccption is allowcd lor a man to marry up to 4 wivcs il thcy arc thc mothcrs ol orphans who arc alrcady undcr his carc. Tnv N~:uv~i Rvvuniic 98 of you to each other. You shall marry them with the permission of their parents and give them their dowries in kindness; to be independent, not for illicit sex or taking lovers. When they become independent, then any of them who come with lewdness shall have half of what is the punishment for those independent. Tis is for those who are concerned about deviating from among you. But if you are patient it is better for you, and God is Forgiver, Merciful.” (Qur’an 4:25) Te male and female are of sound mind and not under duress “And let those who are not able to marry continue to be chaste until God enriches them of His Bounty. And if those who are maintained by your oaths seek to consummate the marriage, then document it with them if you find that they are ready, and give them from the wealth of God which He has bestowed upon you. And do not force your daughters into marriage when they have desired independence, in order that you may make a gain in the goods of this worldly life. But if anyone has compelled them, then for their compulsion, God is Forgiving, Merciful.” (Qur’an 24:33) A dowry has been agreed upon and paid “Today, the good things have been made lawful to you, and the food of those who have been given the Book is lawful for you, and your food is lawful for them; and the independent females from those who are believers, and the independent females from those who have been given the Book before you, if you have given them their dowries, to be independent, not for illicit sex or taking lovers. And whoever rejects belief, 99 Tnv N~:uv~i Rvvuniic then his work has fallen, and in the Hereafter he is of the losers.” (Qur’an 5:5) Te man and woman are made aware of their obligations “Te men are to support the women with what God has bestowed upon them over one another and for what they spend of their money. Te upright females are dutiful; keeping private the personal matters for what God keeps watch over. As for those females from whom you fear desertion, then you shall advise them, and abandon them in the bedchamber, and separate from them. If they respond to you, then do not seek a way over them; God is Most High, Great.” (Qur’an 4:34) Te marriage is recorded “And let those who are not able to marry continue to be chaste until God enriches them of His Bounty. And if those who are maintained by your oaths seek to consummate the marriage, then document it with them if you find that they are ready, and give them from the wealth of God which He has bestowed upon you. And do not force your daughters into marriage when they have desired independence, in order that you may make a gain in the goods of this worldly life. But if anyone has compelled them, then for their compulsion, God is Forgiving, Merciful.” (Qur’an 24:33) Family Responsibility “Te men are to support the women with what God has bestowed upon them over one another and for Tnv N~:uv~i Rvvuniic 100 what they spend of their money. Te upright females are dutiful; keeping private the personal matters for what God keeps watch over. As for those females from whom you fear desertion, then you shall advise them, and abandon them in the bedchamber, and separate from them. If they respond to you, then do not seek a way over them; God is Most High, Great.” (Qur’an 4:34) Undcr thc laws ol thc Scripturc, thc husband is rcquircd to providc lor all cxpcnscs ol thc lamily unit (lood, clothing, shcltcr, ctc.) in kccping with his ability to do so. Orphans “And give the orphans their money, and do not replace the good with the bad, and do not consume their money with your money; for truly this is a great sin! And if you fear that you cannot be just to the orphans, then you may marry those who are agreeable to you of the women: two, and three, and four. But if you fear you will not be fair, then only one, or whom you maintain by your oaths. Tis is best that you do not face financial hardship. And give the women their dues willingly, and if they remit any of it to you of their own will, then you may take it with good feelings. And do not give the immature ones their money which God has entrusted to you, and spend on them from it and clothe them, and speak to them in goodness. And test the orphans when they reach puberty, then, if you have determined from them comprehension, then give them their wealth, and do not deliberately consume it wastefully or quickly before they grow up. And whoever is rich, then let him not claim anything, and if he is poor then let him consume in kindness. If you give to them their wealth, 101 Tnv N~:uv~i Rvvuniic then make a witness for them, and God is enough for Reckoning.” (Qur’an 4:2-6) Òrphans arc to bc accommodatcd by thc closcst ol kin, or by thc statc il thcrc is no kin or il thc kin is unwilling to takc on this rcsponsibly, until such timc that thcy arc dccmcd to havc rcachcd maturity. Tc moncy/inhcritancc ol thc orphan will bc hcld in trust by thc statc until thc orphan rcachcs adulthood. Tc custodian may rcqucst rcimburscmcnt lrom thc trust lund lor thc cost ol thc accommodation and cxpcnscs ol thc orphan, providcd thc statc is ablc to substantiatc such claims. Divorce Procedures “And those divorced shall wait for three menstruation periods; and it is not lawful for them to conceal what God has created in their wombs, if they believe in God and the Last Day. And their husbands would then have just cause to return together, if they both wish to reconcile. And the obligations owed to them are to be fulfilled, as are the obligations owed by them. But the men will have a greater responsibility over them in this. And God is Noble, Wise.” (Qur’an 2:228) “Te divorce is allowed twice. So, either they remain together equitably, or they part ways with goodness. And it is not lawful for you to take back anything you have given them unless you fear that they will not uphold the boundaries of God. So if you fear that they will not uphold the boundaries of God, then there is no sin upon them for what is given back. Tese are the boundaries of God so do not transgress them. And whoever shall transgress the boundaries of God, then these are the wicked.” (Qur’an 2:229) Tnv N~:uv~i Rvvuniic 102 “So if he divorces her again, then she will not be lawful for him until after she has married a different husband; if he divorces her; then there is no sin that they come back together if they think they will uphold the boundaries of God. Tese are the boundaries of God, He clarifies them for a people who know.” (Qur’an 2:230) “And if you have divorced the women, and they have reached their required interim period, then either you remain together equitably, or part ways equitably. And do not reconcile with them so you can harm them out of animosity; whoever does so is doing wrong to his soul; and do not take the revelations of God as mockery. And remember the blessings of God upon you, and what was sent down to you of the Book and the wisdom, He warns you with it. And be aware of God and know that God is Knowledgeable in all things.” (Qur’an 2:231) “And if you divorce the women, and they reach their required interim period, then do not make diffi culty for them if they wish to remarry their husbands if they have amicably agreed among themselves out of what is best. Tis is to remind any of you who believe in God and the Last Day, this is better for you and purer; and God knows while you do not know.” (Qur’an 2:232) “O you who believe, if you marry the believing females, then divorce them before having intercourse with them, then there is no interim required of them. You shall compensate them, and let them go in an amicable manner.” (Qur’an 33:49) 103 Tnv N~:uv~i Rvvuniic “O you prophet, if any of you have divorced the women, then they should be divorced while ensuring that their required interim is fulfilled, and keep count of the interim. You shall reverence God your Lord, and do not evict them from their homes, nor should they leave, unless they commit an evident lewdness. And these are the boundaries of God. And anyone who transgresses the boundaries of God has wronged his soul. You never know; perhaps God will make something come out of this.” (Qur’an 65:1) “Ten, once the interim is fulfilled, either you remain together equitably, or part ways equitably and have it witnessed by two just people from among you; and give the testimony for God. Tis is to enlighten those who believe in God and the Last Day. And whoever reverences God, He will create a solution for him.” (Qur’an 65:2) “And He will provide for him whence he never expected. Anyone who puts his trust in God, then He suffi ces him. Te commands of God will be done. God has decreed for everything its fate.” (Qur’an 65:3) “As for those who have reached menopause from your women, if you have any doubts, their interim shall be three months. And as for those whose menstruation has ceased, and those who are already pregnant, their interim is until they give birth. And anyone who reverences God, He makes his matters easy for him.” (Qur’an 65:4) “Tis is the command of God that He sends down to you. And anyone who is aware of God, He will Tnv N~:uv~i Rvvuniic 104 forgive his sins, and will improve his reward.” (Qur’an 65:5) “ You shall let them reside in the dwelling you were in when you were together, and do not coerce them to make them leave. And if they are pregnant, you shall spend on them until they give birth. Ten, if they nurse the infant, you shall give them their due payment. And you shall maintain the amicable relations between you. If you disagree, then another woman may nurse the child.” (Qur’an 65:6) “O you who believe, if the believing females come emigrating to you, then you shall test them. God is fully aware of their belief. Tus, if you establish that they are believers, then you shall not return them to the disbelievers. Tey are no longer lawful for them, nor are the disbelievers lawful for them. And return the dowries that were paid. And there is no sin upon you to marry them, if you have paid their dowries to them. And do not keep disbelieving wives, and ask back what dowries you paid. And let them ask back what dowries they had paid. Such is the judgment of God; He judges between you. God is Knowledgeable, Wise.” (Qur’an 60:10) Summary ol thc Rulcs lor Ðivorcc: • !l thcy insist on divorcc, thcn thc wilc and husband must rcmain togcthcr in thc samc homc during thc intcrim pcriod. (65:1) • !l thc couplc rcconcilc, thcn divorcc may bc rctractcd and canccllcd at any point during thc intcrim pcriod. (2:229) • Tc divorcc is automatically rctractcd il scxual 105 Tnv N~:uv~i Rvvuniic intcrcoursc takcs placc bctwccn thc husband and wilc during thc intcrim pcriod. (65:1) • Tc intcrim pcriod rcquircd is thrcc mcnstruation pcriods. Tc intcrim lor womcn who no longcr mcnstruatc is thrcc months. Tc intcrim lor prcgnant womcn is until thcy dclivcr. (2:228, 65:4) • Tcrc is no intcrim pcriod rcquircd il thc divorcc takcs placc bclorc any scxual intcrcoursc has takcn placc bctwccn thc couplc. (33:49) • !l thc couplc still wishcs to lollow through with thc divorcc altcr thc cnd ol thc intcrim pcriod, thcn two witncsscs arc rcquircd to complctc thc proccss. (65:2) • !l this is thc third divorcc, thcn thc couplc may not rcmarry cach othcr unlcss thc woman has bccn marricd to anothcr man and thcn divorccd. (2:230) • A divorcc may bc lorccd, il thcrc is just causc, whcrc such may bc grantcd by thc court without an intcrim pcriod. (60:10) Husband and Wife Disputes Vith rcgards to husband/wilc disputcs, thc Qur’an givcs us a list ol rcmcdics to attcmpt to savc a marriagc ranging lrom candor bctwccn thc husband and wilc, to tcmporary scparation, to rcconciliation through a mcdiator, with divorcc bcing thc vcry last rcsort. “And if a woman fears from her husband desertion or disregard, then there is no sin for them to reconcile between themselves; and reconciliation is good. And the souls are brought by need. And if you are kind and do right, then God is expert over what you do.” (Qur’an 4:128) Tnv N~:uv~i Rvvuniic 106 “Te men are to support the women with what God has bestowed upon them over one another and for what they spend of their money. Te upright females are dutiful; keeping private the personal matters for what God keeps watch over. As for those females from whom you fear desertion, then you shall advise them, and abandon them in the bedchamber, and separate from them. If they respond to you, then do not seek a way over them; God is Most High, Great.” (Qur’an 4:34) “And if you fear a permanent rift between them, then send a judge from his family and a judge from her family. If they want to reconcile, then God will bring them together. God is Knowledgeable, Expert.” (Qur’an 4:35) !t is worth pointing out that vcrsc 4:34 abovc has bccn traditionally intcrprctcd in an incorrcct manncr by translating “idrib” as “bcat/strikc.” Tis has causcd tcrror to millions ol Muslim womcn around thc world lor thcy lcar that thcir husbands might bcat thcm at will simply bccausc thcy arc dissatisficd or it suits thcir mood! Somc Arabic words, likc in ¡nglish, can havc slightly diffcrcnt mcanings dcpcnding on thc contcxt thcy arc placcd in. Ònc such cxamplc is thc word ‘Ðaraba’ which has a natural mcaning ol putting forth as can bc sccn in thc lollowing vcrscs: “Have you not seen how God puts forth (Ðaraba) the example that a good word is like a good tree, whose root is firm and whose branches are in the heaven.” (Qur’an 14:24) “For the poor who face hardship in the cause of God, they cannot go forth (Ðarban) in the land; the 107 Tnv N~:uv~i Rvvuniic ignorant ones think they are rich from their modesty; you know them by their features, they do not ask the people repeatedly. And what you spend out of goodness, God is fully aware of it.” (Qur’an 2:273) “O you who believe, if you go forth (Ðarabtum) in the cause of God, you shall investigate carefully. And do not say to those who greet you with peace: “ You are not a believer!” You are seeking the vanity of this world; but with God are many riches. Tat is how you were before, but God graced you, so investigate carefully. God is expert over what you do.” (Qur’an 4:94) Howcvcr, thcrc arc ccrtain cascs whcrc this word can havc thc mcaning ol ‘strikc/bcat’ as thc act ol striking involvcs thc hand bcing “put lorth”: “So how will it be when their lives are terminated by the angels, while striking (Yadriboona) their faces and their backs?” (Qur’an 47:27) Tc corrcct approach to thc casc ol 4:34 is simply to undcrstand thc context ol thc vcrsc (in this casc, it dcals with thc subjcct ol a woman who wishcs to dcscrt hcr husband “Nushooz”) and thus thc word “!dribuhun” is onc ol thc suggcstcd thrcc stcps suggcstcd to dcal with thc situation (thc first stcp is talking it out, whilc thc sccond is giving hcr spacc by avoiding scxual contact with hcr). “Te men are to support the women with what God has bestowed upon them over one another and for what they spend of their money. Te upright females are dutiful; keeping private the personal matters for what God keeps watch over. As for those females from whom you fear desertion (Nushooz 5 ), then you shall 5 Nushooz is undcrstood by translators as ‘lcavc/dcscrt’ as can bc sccn in its usc in 4:128 and 58:11. Howcvcr, miraculously, thc word is translormcd into ‘ill conduct’ whcn thc woman happcns to bc thc onc doing thc Nushooz as in 4:34. Tnv N~:uv~i Rvvuniic 108 advise them, and abandon them in the bedchamber, and separate from them (!dribuhun). If they respond to you, then do not seek a way over them; God is Most High, Great.” (Qur’an 4:34) As such, which mcaning ol “!dribuhun” would makc thc most scnsc: Lctting thc wilc tcmporarily scparatc lrom hcr husband and think things through, or, bcating hcr into submission and lorcing hcr to rcmain with hcr husband: Tc answcr is always to lollow thc best mcaning dcrivcd… “Te ones who listen to what is being said, and then follow the best of it. Tese are the ones whom God has guided, and these are the ones who possess intelligence.” (Qur’an 39:18) Adopted Children “God did not make any man with two hearts in his body. Nor did He make your wives whom you make estranged to be as your mothers. Nor did He make your adopted children to be your sons. Such is what you claim with your mouths, but God speaks the truth, and He guides to the path. Name them by their fathers. Tat is more just with God. But if you do not know their fathers, then, name them as your brothers in the system and your patrons. Tere is no sin upon you for what mistake you make in this respect; but you will be responsible for what your hearts deliberately intend. God is Forgiver, Merciful.” (Qur’an 33:4-5) Childrcn may bc adoptcd bascd on thc statc cnsuring that thc lamily is suitablc and is ablc to providc lor thc nccds ol thc adoptcd child. Adoptcd childrcn will rctain thcir original lamily namc cvcn altcr adoption, thcy cannot carry thc namc ol thc adopting lamily. 109 Tnv N~:uv~i Rvvuniic Child Custody “And the divorced mothers are allowed to suckle their children two full years, if they wish to complete the suckling. And the man for whom the child is born is responsible for both their provisions and clothing equitably. A soul is not burdened except with what it can bear. No mother shall be harmed because of her child, nor shall a father be harmed because of his child. And for the guardian is the same requirement. So if they wish to separate out of mutual agreement and counsel, then there is no sin upon them. And if you want to hire nursing mothers, then there is no sin upon you if you return what you have been given equitably. And be aware of God, and know that God is watching over what you do.” (Qur’an 2:233) !n cascs ol divorcc or scparation, thc mothcr is cntitlcd to thc custody ol thc child up to thc agc ol two ycars. For any childrcn agcd morc than two ycars, thc court will dccidc upon custody (cithcr solc or joint) bascd on thc ability and standing ol cach parcnt. Death and Burial “So God sent forth a raven to scratch the land and show him how to deal with the body of his brother. He said: “Woe to me! Am I not even able to be like this raven and deal with the body of my brother?” So he became of those who regretted.” (Qur’an 5:31) “And the Hour is coming, there is no doubt in it, and God will resurrect those who are in the graves.” (Qur’an 22:7) Ðcad bodics arc to bc buricd in thc ¡arth within thc shortcst timclramc managcablc. 8odics arc not to bc lclt Tnv N~:uv~i Rvvuniic 110 to rot or dccomposc in thc opcn causing a thrcat to thc hcalth ol thc living. Inheritance and Wills “It is decreed for you that if death should come to any of you, that it is best if he leaves a will for his family and relatives out of goodness; this is a truth for the righteous. Whoever alters it after having heard it, then the sin will be upon those who alter it. God is Hearer, Knowledgeable.” (Qur’an 2:180-181) “O you who believe, witnessing a will if death is approaching one of you shall be done by two who are just among you. Or, if you have gone forth in the land, then two others may suffi ce if death is approaching you; you will hold them after making the contact prayer, and they will swear by God if you have doubt: ‘We will not purchase with it any price, even if he was a near relative, and we will not conceal the testimony of God, or else we are then of the sinners.’ If it is then found out that they had lied, then two others will take their place from those who were present, and they will swear by God: ‘Our testimony is more truthful than their testimony, and if we aggress, then we are of the wicked.’ Tis is best so that they would bring the testimony on its face value, for fear that their oaths would be discarded after being made. And be aware of God, and listen; God does not guide the wicked people.” (Qur’an 5:106-108) “And for those of you whose lives are terminated and they leave widows behind; a testimony to them that they may enjoy for one year without being made to vacate. If they leave then there is no sin upon you for what they do to themselves in goodness; and God is Noble, Wise.” (Qur’an 2:240) 111 Tnv N~:uv~i Rvvuniic “For the men is a portion from what the parents and the relatives left behind, and for the women is a portion from what the parents and relatives left behind, be it little or much; a forced portion. And if the distribution is attended by the relatives and the orphans and the needy, then you shall give them part of it and say to them a kind saying.” (Qur’an 4:7-8) “God directs you regarding the inheritance of your children: ‘To the male shall be as that given to two females. If they are women, more than two, then they will have two thirds of what is inherited. And if she is only one, then she will have one half. And to his parents, each one of them shall have one sixth of what is inherited, if he has a child. If he has no child and his parents are the heirs, then to his mother is one third; if he has siblings then to his mother is one sixth. All after a will is carried through or a debt. Your parents and your children, you do not know which are closer to you in benefit, a directive from God, for God is Knowledgeable, Wise.’ And for you is half of what your wives leave behind if they have no child; but if they have a child then to you is one quarter of what they leave behind. All after a will is carried through or a debt. And to them is one quarter of what you leave behind if you have no child; but if you have a child then to them is one eighth of what you leave behind. All after a will is carried through or a debt. And if a man or a woman who is inheriting has no descendants, but has a brother or a sister, then to each one of them is one sixth, but if they are more than this then they are to share in one third. All after a will is carried through or a debt, which does not cause harm. A directive from God, and God is Knowledgeable, Compassionate.” (Qur’an 4:11-12) Tnv N~:uv~i Rvvuniic 112 “Tey seek a ruling from you, say: ‘God gives you the ruling for those who have no descendants. If a person passes away and has no children but has a sister, then she shall receive half of what he leaves behind. And he will inherit from her if she has no child. However, if he has two sisters, then they will receive two thirds of what he left behind; and if he has siblings, men and women, then the male shall receive twice what the female receives.’ God makes clear to you that you do not stray; God is aware of all things.” (Qur’an 4:176) !t is rccommcndcd that cvcry pcrson attcmpt to makc a will and tcstamcnt in writing bclorc dcath to covcr thc distribution ol propcrty and wcalth as hc/shc sccs fit. A will that is not madc in writing but has two crcdiblc witncsscs may bc cnlorccablc, il thc court is satisficd that thcir tcstimony is gcnuinc. !n cascs whcrc thcrc is no will and tcstamcnt or il thc will and tcstamcnt lcavcs an amount ol wcalth undistributcd, thcn thc lollowing distribution shall bc applicd to thc availablc wcalth: • Ðuc to thc lcgal obligation ol mcn to bc rcsponsiblc lor thcir lamily, thc inhcritancc as lar as offspring is conccrncd cntails thc malc rccciving a sharc cqual to that ol two lcmalcs, i.c., onc girl - 1/3 and onc boy - 2/3. • !l thcrc arc no malcs and thcrc arc two or morc lcmalcs, thc portions ol all ol thcm togcthcr shall bc 2/3, il thcrc is onc lcmalc, thc portion shall bc hall. • Parcnts rcccivc oncsixth (1/6) ol thc inhcritancc cach, in thc casc whcrc thc dcccascd has lclt chil drcn. !l thcrc arc no childrcn and thc parcnts arc thc only hcirs, thc sharc ol thc mothcr shall bc 113 Tnv N~:uv~i Rvvuniic 1/3 and that ol thc lathcr sharc shall bc 2/3. !l thc dcccascd lclt brothcrs and sistcrs, thc sharc ol thc mothcr is 1/6. • !n what a wilc lcavcs, thc sharc ol thc husband is onchall in thc casc whcrc shc lcavcs no childrcn, but il shc has childrcn, thcn thc sharc ol thc husband is 1/4 altcr thc proccssing ol thc will and thc paymcnt ol dcbt against thc dcccascd. • !n what a husband lcavcs, thc sharc ol thc wilc is 1/4, il hc has no childrcn, but il hc has childrcn, thc sharc ol thc wilc is 1/8 altcr thc proccssing ol thc will and paymcnt ol dcbt against thc dcccascd. • !l thc dcccascd has no childrcn but hc has parcnts, brothcrs and sistcrs, thcn: • !l thcrc is onc brothcr or onc sistcr, cach onc ol thcm shall rcccivc 1/6, • !l thc numbcr ol brothcrs and sistcrs is morc than onc, thcn togcthcr thcy shall bc cntitlcd to 1/3. • !l thc dcccascd has ncithcr childrcn nor living parcnts but has only brothcrs and sistcrs, thc distribution ol sharcs shall bc as pcr thc lollowing: • !l thc dcccascd is a malc, and has only onc sistcr, thcn hcr portion shall bc hall ol his bcqucst, • !l thc dcccascd is a lcmalc, and has only onc brothcr, thcn hc shall bc thc hcir ol hcr lcltovcr propcrty, • !l thc hcirs arc two sistcrs (or morc), thcir (combincd) sharc shall bc 2/3, • !l thc hcirs arc brothcrs and sistcrs, Tnv N~:uv~i Rvvuniic 114 thcn thc cntirc lcltovcr propcrty shall bc thcirs. Tc principlc ol “thc sharc ol two lcmalcs is cqual to thc sharc ol onc malc” shall apply. Any propcrty or wcalth that still rcmains altcr thc distribution as pcr thc guidclincs abovc shall bc translcrrcd to thc statc. 115 10 Commercial Laws Tis chaptcr will dcal with all lcgal aspccts ol commcrcc, tradc and financial transactions. Breach of Contract “O you who believe, honor your contracts. Made lawful for you are all the animals of the livestock, except that which is being recited to you. You are not permitted to hunt the game while you are under restriction. God decrees as He pleases.” (Qur’an 5:1) Tnv N~:uv~i Rvvuniic 116 8rcach ol contract will rcsult in thc guilty party bcing ordcrcd to complctc thc contract as agrccd or to compcnsatc thc othcr contract party lor damagcs incurrcd by such brcach. Drug/Alcohol !t is worth noting that ncithcr using nor manulacturing alcohol is lorbiddcn in thc Scripturc. !n lact, alcohol has bccn rccognizcd casually in thc Scripturc in scvcral vcrscs, cvcn to thc point ol rclating it to thc conduct ol Salat and that onc should not approach Salat il intoxicatcd. “And from the fruits of the palm trees and the grapes you make wine and a good provision. In that is a sign for a people who comprehend.” (Qur’an 16:67) “Is the example of the Paradise; that the righteous have been promised with rivers of pure water, and rivers of milk whose taste does not change, and rivers of wine that are delicious for the drinkers, and rivers of strained honey, and for them in it are all kinds of fruits, and a forgiveness from their Lord; like that of those who abide in the Fire, and are given to drink boiling water that cuts-up their intestines?” (Qur’an 47:15) “O you who believe, do not approach the contact prayer (Salat) while you are intoxicated, until you know what you are saying. Nor if you have had intercourse, unless traveling, until you bathe. And if you are ill, or traveling, or one of you has excreted feces, or you had sexual contact with the women, and could not find water, then you shall select from the clean soil; you shall wipe your faces and hands. God is Pardoning, Forgiving.” (Qur’an 4:43) 117 Tnv N~:uv~i Rvvuniic Tc scholars attributc thc inconsistcncy in thcir undcrstanding ol thc issuc (thcy bclicvc alcohol is lorbiddcn) to say that God, whilc not having any problcm tcaring thc social labric ol thcir socicty and livcs, did not lorbid alcohol outright lor lcar that pcoplc would not cmbracc !slam during its carly days, but that whcn !slam had sprcad, thc Scripturc rcquircd pcoplc to ‘avoid/shun’ alcohol bascd on thc vcrsc bclow: [Shakir Translation 5:90] “O you who believe! Intoxicants and games of chance and (sacrificing to) stones set up and (dividing by) arrows are only an uncleanness, the Shaitan’s work; shun it therefore that you may be successful.” Òl coursc, thc attcmpt to provc that thcrc may bc inconsistcncics or conflicting laws in thc Scripturc lalls on its lacc whcn thc vcrsc is cxamincd closcly… !n vcrsc 5:90, thc thing wc arc bcing told to “avoid” is not alcohol or any ol thc othcr listcd itcms (i.c. thcy arc not to bc shunncd/ avoidcd in thcmsclvcs), rathcr it is the devil himscll whom wc should avoid and wc must bc awarc that his tools ol prclcrcncc lor crcating animosity and addiction to our spccics includcs, amongst othcr things, alcohol. “O you who believe, intoxicants, and gambling, and sacraments, and fortunes are an affl iction used by the devil. You shall avoid him so that you may be successful.” (Qur’an 5:90) Tis rclcrcncc to thc ‘Ðcvil’ and not thc itcms listcd can bc vcry clcarly sccn in thc vcry ncxt vcrsc that cmphasizcs on thc subjcct mattcr oncc again bcing thc ‘Ðcvil’: “Te devil only wants to cause strife between you through intoxicants and gambling, and to repel you away from remembering God and from the contact prayer. Will you be deterred?” (Qur’an 5:91) Tnv N~:uv~i Rvvuniic 118 Tis is similar to thc situation whcrc our childrcn and wcalth could bc a distraction to us lrom rcmcmbcring God. Tis docs not mcan that our childrcn and wcalth arc ‘cvil’ and nccd to bc shunncd or avoidcd or lorbiddcn, but that wc nccd to bc morc awarc and rcsponsiblc as to how wc spcnd our timc: “O you who believe, do not be distracted by your money and your children from the remembrance of God. And those who do this, then they are the losers.” (Qur’an 63:9) Finally, whilc alcohol is clcarly not lorbiddcn, its usc is to bc rcstrictcd and rcgulatcd sincc thcrc can bc morc harm that good in thcir unabatcd usc/consumption. “Tey ask you about intoxicants and gambling. Say: “In them is great harm, and a benefit for the people; but their harm is greater than their benefit.” And they ask you how much they are to give, say: “Te excess.” It is thus that God clarifies for you the revelations that you may think.” (Qur’an 2:219) Plagiarism “Do not think that those who are happy with what they have been given, and they love to be praised for what they did not do; do not think they are saved from the punishment. For them is a painful retribution.” (Qur’an 3:188) Tc usc or bcncfit lrom thc work ol othcrs without pcrmission and/or acknowlcdgcmcnt is an abhorrcnt act and may bc rcgulatcd or havc lcgal pcnaltics imposcd by thc statc. 119 Tnv N~:uv~i Rvvuniic Property Disputes “When they entered upon David, he was startled by them. They said: “Have no fear. We are two who have disputed, and one has wronged the other, so judge between us with the truth, and do not wrong us, and guide us to the right path. This is my brother and he owns ninety-nine lambs, while I own one lamb; so he said to me: ‘Let me take care of it’ and he pressured me.’” He said: ‘He has wronged you by asking to combine your lamb with his lambs. And many who mix their properties take advantage of one another, except those who believe and do good works, and these are very few.’ And David guessed that We had tested him, so he sought forgiveness from his Lord, and fell down kneeling, and repented.” (Qur’an 38:22-24) Tc owncr ol thc propcrty or goods by way ol titlc dccd or witncsscs shall bc rcturncd his/hcr propcrty. !n casc whcrc thc propcrty is bcing uscd or occupicd, thcn such propcrty shall bc vacatcd and rcturncd to its lcgal owncr(s). Property Damage “And David and Solomon, when they gave judgment in the case of the crop that was damaged by the sheep of the people, and We were witness to their judgment.” (Qur’an 21:78) Tc owncr ol thc propcrty shall bc compcnsatcd in lull cithcr by moncy or propcrty/goods ol an cquivalcnt naturc and valuc. Tnv N~:uv~i Rvvuniic 120 Financial Interest “Tose who consume usury do not rise except as one being influenced by the touch of the devil. Tat is because they have said: “Trade is the same as usury.” While God has made trade lawful, and He has made usury unlawful. Whoever has received understanding from His Lord and ceases, then he will be forgiven for what was before this and his case will be with God. But whoever returns, then they are the people of the Fire, in it they will abide.” (Qur’an 2:275) Undcr no condition whatsocvcr will thc charging or paying ol intcrcst on moncy bc allowcd. Tc conccpt ol intcrcst involvcs dcccit and lraud, which will lcad to financial hardship and chcating pcoplc out ol thcir posscssions. Any individuals lound guilty ol taking intcrcst on moncy dircctly or indircctly (cvcn with thc conscnt ol all partics involvcd) will bc subjcct to thc lull cxtcnt ol thc law, and thc court may find transactions or contracts with intcrcst builtin null and void. Borrowing Laws “O you who believe, if you borrow for a future period, then you shall record it. And let a scribe of justice record it for you; and let not the scribe refuse to record as God has taught him. Let him record and let the person who is borrowing dictate to him, and let him be aware of God, and let him not reduce from it anything. If the one who is borrowing is immature or weak or he cannot dictate himself, then let his guardian dictate with justice; and bring two witnesses from among your men; if there are not two men, then a man and two women from whom you will accept their testimony, so that if one of them becomes blindsided, then the one can remind the other. And let the witnesses not refuse to come if they are called. 121 Tnv N~:uv~i Rvvuniic And do not fail to record it no matter how small or large until its maturity. Tat is more just with God and better for the testimony, and better that you do not have doubts; except if it is a trade to be done on the spot between you, then there is no sin upon you if you do not record it. And have evidence if you trade. No scribe shall be harmed nor any witness; for if you do so then it is a wickedness on your part, and be aware of God and God teaches you and God is aware of all things.” (Qur’an 2:282) Tc lcnding ol moncy is pcrmittcd as long as thcrc is no hiddcn or cvidcnt intcrcst involvcd. All borrowing contracts must bc rccordcd in writing (cvcn il it is bctwccn rclativcs) with thc dictation ol thc dctails bcing providcd by thc pcrson borrowing thc moncy. Vitncssing shall bc rcquircd il thc moncy is bcing borrowcd by a lcgally authorizcd third party or guardian on bchall ol thc original borrowcr. Tcsc mcasurcs arc to bc madc to cnsurc thc rights ol both partics arc protcctcd and that thc transaction bcing conductcd is gcnuinc and involvcs no lraud or dcccit. Insolvency “If the person is facing insolvency, then you shall wait until he becomes able. And if you relinquish it as a charity it is better for you if only you knew..” (Qur’an 2:280) !ndividuals and companics may filc lor insolvcncy il such claim can bc substantiatcd. Òncc an individual or company has bccn approvcd as bcing insolvcnt, thcn all crcditors/lcndcrs must rcstructurc thcir rcpaymcnt tcnor in linc with what is rcalistic and managcablc lor thc insolvcnt party. 122 11 Criminal Laws Tis chaptcr will dcal with all lcgal aspccts ol criminal activity and/or bchavior. All court trials and judgcs arc to obscrvc thc lollowing guidclincs: Inadmissible Evidence “And do not uphold what you have no knowledge of; for the hearing, eyesight, and heart - all these you are responsible for.” (Qur’an 17:36) 123 Tnv N~:uv~i Rvvuniic Tcstimony can only bc givcn lor what was witncsscd firsthand. Hcarsay is inadmissiblc in a court ol law. Seek Clarifications “O you who believe, if a wicked person comes to you with any news, then you shall investigate it. Lest you harm a people out of ignorance, then you will become regretful over what you have done.” (Qur’an 49:6) Tc court is rcquircd to thoroughly invcstigatc all cascs and claims that comc to its attcntion and to cxaminc all sidcs ol a casc bclorc passing judgmcnt. Everybody Shall Bear His/Her Own Burden “None can carry the burdens of another.” (Qur’an 53:38) Tc court is lorbiddcn lrom making chargcs or issuing a punishmcnt against any othcr than thc convictcd pcrson(s). Family mcmbcrs, rclativcs, lricnds, associatcs, or any othcr pcrson (cvcn il voluntccring to do so) arc protcctcd lrom unduc punishmcnt and may not bc tradcd lor thc convictcd pcrson nor may thcy takc his/hcr placc. State of the Accused “Tere is no blame upon the blind, nor is there any blame upon the crippled, nor is there any blame upon the ill, nor is there any blame upon yourselves, if you eat at your homes, or the homes of your fathers, or the homes of your mothers, or the homes of your brothers, or the homes of your sisters, or the homes of your uncles, or the homes of your aunts, or the homes of your mothers brothers, or the homes of your mothers sisters, or that which you possess their keys, or that of your friends. You commit nothing wrong by eating together or as individuals. When you enter any home, Tnv N~:uv~i Rvvuniic 124 you shall greet each other a greeting from God that is blessed and good. God thus explains the revelations for you that you may comprehend.” (Qur’an 24:61) Tc court is to takc into account and usc its judgmcnt rcgarding thc physical and mcntal statc ol thc accuscd. Actions committcd by a lully compctcnt and ablc adult arc not thc samc as thosc committcd by a pcrson who is mcntally ill or suffcring lrom a tcmporary illncss/insanity. Bearing Witness “O you who believe, stand with justice as witnesses to God, even if against yourselves, or the parents or the relatives. Even if he be rich or poor, God is more worthy of them, so do not follow desire into being unjust. And if you twist or turn away, then God is Expert over what you do.” (Qur’an 4:135) “O you who believe, if you borrow for a future period, then you shall record it. And let a scribe of justice record it for you; and let not the scribe refuse to record as God has taught him. Let him record and let the person who is borrowing dictate to him, and let him be aware of God, and let him not reduce from it anything. If the one who is borrowing is immature or weak or he cannot dictate himself, then let his guardian dictate with justice; and bring two witnesses from among your men; if there are not two men, then a man and two women from whom you will accept their testimony, so that if one of them becomes blindsided, then the one can remind the other. And let the witnesses not refuse to come if they are called. And do not fail to record it no matter how small or large until its maturity. Tat is more just with God and better for the testimony, and better that you do not have doubts; except if it is a trade to be done on 125 Tnv N~:uv~i Rvvuniic the spot between you, then there is no sin upon you if you do not record it. And have evidence if you trade. No scribe shall be harmed nor any witness; for if you do so then it is a wickedness on your part, and be aware of God and God teaches you and God is aware of all things.” (Qur’an 2:282) Vitncsscs cannot bc harmcd in any way as a rcsult ol thcir tcstimony. Tis includcs bcing lorccd to bc a witncss against him/hcrscll. Vitncsscs must prcscnt thcmsclvcs whcn rcquircd to do so by thc court and may not rclusc to givc tcstimony ol what thcy havc witncsscd. Tc court may takc thc appropriatc action against witncsscs that rclusc to givc tcstimony (unlcss it is against thcmsclvcs). Confessions of Guilt “He said: ‘Did we not raise you among us as a new born, and you stayed with us for many of your years? And you did what deed you did, and you are of the rejecters.’ He said: ‘I did it, and I was of those misguided.’” (Qur’an 26:18-20) “Whoever rejects God after having believed; except for he who is forced while his heart is still content with belief; and has comforted his chest to rejection, then these will have a wrath from God and they will have a great retribution.” (Qur’an 16:106) Conlcssions arc admissiblc in court providcd thc accuscd pcrson dircctly makcs thcm without durcss or intimidation. Conlcssions undcr durcss or intimidation or not spokcn dircctly by thc accuscd arc considcrcd invalid and may not bc uscd to pass judgmcnt with. Tnv N~:uv~i Rvvuniic 126 False Accusations “O you who believe, if a wicked person comes to you with any news, then you shall investigate it. Lest you harm a people out of ignorance, then you will become regretful over what you have done.” (Qur’an 49:6) Falsc accusations or lodging ol labricatcd cvidcncc or tcstimony grants thc court thc right to prosccutc thc party involvcd in such activity cithcr through finc or imprisonmcnt dcpcnding on thc scopc ol thc accusations madc. Sanctity of the Home and Personal Property “O you who believe, do not enter any homes except your own unless you perceive a welcome and you greet the people in them. Tis is best for you, perhaps you will remember. But, if you do not find anyone in them then do not enter until you are given permission. And if you are told to go back, then return for it is better for you. And God is aware of what you do. Tere is no sin upon you that you enter homes which are abandoned if in them there are belongings of yours. And God knows what you reveal and what you hold back.” (Qur’an 24:27-29) ¡vidcncc obtaincd lrom a rcsidcntial homc without thc conscnt ol thc owncr, or a court ordcr, is inadmissiblc as cvidcncc. Injunction against Spying “O you who believe, you shall avoid much suspicion, for some suspicion is sinful. And do not spy on one another, nor shall you backbite. Would any of you enjoy eating the flesh of his dead brother? You 127 Tnv N~:uv~i Rvvuniic certainly would hate this. You shall observe God. God is Redeemer, Merciful.” (Qur’an 49:12) ¡vidcncc obtaincd through spying or cavcsdropping is inadmissiblc in a court ol law. Juveniles and Young Adults “O mankind, if you are in doubt as to the resurrection, then We have created you from dust, then from a seed, then from an embryo, then from a fetus developed and undeveloped so that We make it clear to you. And We settle in the wombs what We wish to an appointed time, then We bring you out a child, then you reach your maturity, and of you are those who will pass away, and of you are those who are sent to an old age where he will not be able to learn any new knowledge after what he already has. And you see the land still, but when We send down the water to it, it vibrates and grows, and it brings forth of every lovely pair.” (Qur’an 22:5) “And whoever of you cannot afford to marry the independent female believers, then from those maintained by your oaths of the believing young women. And God is more aware of your faith, some of you to each other. You shall marry them with the permission of their parents and give them their dowries in kindness; to be independent, not for illicit sex or taking lovers. When they become independent, then any of them who come with lewdness shall have half of what is the punishment for those independent. Tis is for those who are concerned about deviating from among you. But if you are patient it is better for you, and God is Forgiver, Merciful.” (Qur’an 4:25) Tnv N~:uv~i Rvvuniic 128 Tc court is to takc thc agc ol thc accuscd pcrson into account whcn issuing judgmcnts. All youths will bc translcrrcd automatically to thc juvcnilc court. Young pcoplc and maturc adults arc ncvcr to bc trcatcd as thc samc in issuing judgmcnt. !n thc cxamplc givcn in 4:25 abovc, a young adult who commits adultcry will rcccivc hall thc punishmcnt ol a maturc adult (i.c., 50 lashcs). Prisons “And with him in the prison entered two young men. One of them said: ‘I dreamt that I was pressing wine,’ and the other said: ‘I dreamt that I was carrying bread on top of my head, and that the birds were eating from it.’ ‘ Tell us what this means, for we see that you are of the good doers.’” (Qur’an 12:36) Prisoncrs arc to bc hcld in groups ol thrcc or lcss dcpcnding on thc circumstanccs. Prisoncrs arc to bc providcd adcquatc lood, watcr, clothing and mcdical trcatmcnt. \isitations to prisoncrs arc allowcd in conlormity with thc schcdulcs to bc sct out by thc statc. Prisoncrs arc to bc givcn amplc opportunity lor study, cducation, lcarning ol cralts/skills, ctc., to positivcly utilizc timc spcnt in prison. Prisoncrs arc to bc trcatcd humancly and with rcspcct at all timcs. No abusc, torturc, physical pain nor suffcring is allowcd at any timc. Crimes and Judgments 8clow arc guidclincs lor criminal rulings bascd on kcy offcnscs. Òthcr offcnscs that arc not listcd will bc judgcd bascd on thc principlc ol cquitablc punishmcnt (16:126). Murder/Violence “And We have decreed for them in it that a life for a life, and an eye for an eye, and a nose for a nose, 129 Tnv N~:uv~i Rvvuniic and an ear for an ear, and a tooth for a tooth, and wounds to be similar; and whoever remits anything of it, then it will cancel sins for him. And whoever does not judge with what God has sent down, then these are the wicked.” (Qur’an 5:45) Tc court may physically punish thc accuscd up to thc samc lcvcl ol thc physical crimc committcd. Murdcr is mct with cxccution, and a cut is mct with a cut. Howcvcr, thc pcrson or lamily ol thc pcrson who has bccn harmcd may rcmit thc punishmcnt in part or in lull. Such rcmittancc ol punishmcnt will ovcrridc thc court ruling on this mattcr. Accidental Death “And it is not for a believer to kill another believer except by mistake. And whoever kills a believer by mistake, then he shall free a believing slave, and give compensation to the family; except if they remit it. If he was from a people who are enemies to you, and he was a believer, then you shall free a believing slave. And if he was from a people with whom you have a covenant, then a compensation to his family, and free a believing slave. Whoever does not find, then the fasting of two months sequentially as a repentance from God; for God is Knowledgeable, Wise.” (Qur’an 4:92) Accidcntal dcath (manslaughtcr) must bc mct with: a) lrccing ol any bclicving slavc, b) giving financial compcnsation to thc lamily ol thc victim. Tc financial compcnsation may only bc withhcld il thc lamily ol thc victim cannot bc rcachcd duc to hostility or war bcing wagcd bctwccn thc rcspcctivc nations, or il thc lamily rcmits thc compcnsation. !l slavcs to bc lrccd arc not lound, thcn thc ruling shall bc lor thc accuscd to last lor two consccutivc months (60 days) lrom sunrisc until night. Tnv N~:uv~i Rvvuniic 130 Suicide “O you who believe, do not consume your money between you unjustly, unless it is through a trade which is mutually agreed by you. And do not kill yourselves; God is Merciful towards you. And who- ever does so out of animosity and transgression, We will cast him to a Fire; and this for God is very easy.” (Qur’an 4:29-30) Tc law prohibits suicidc il it is bcing donc as an act ol dcspair against God or lrom lilc (i.c. bcing donc out ol “animosity, or transgrcssion”). Any pcrson lound guilty ol attcmpting suicidc must bc prolcssionally counsclcd or rcstraincd until thc court sccs thc thrcat ol suicidc is no longcr prcscnt. Abortion “Say: ‘Come let me recite what your Lord has made unlawful for you: that you should not set up anything with Him; and do good to your parents; and do not kill your children for fear of poverty, We provide for you and for them; and do not come near lewdness, what is openly of it and what is subtle; and do not kill the soul which God has made restricted, except in justice. Tat is what He enjoined you that you may comprehend.’” (Qur’an 6:151) “And We enjoined the human being to do good to his parents. His mother bore him with hardship, gave birth to him in hardship, and his bearing and weaning lasts thirty months. So that, when he has reached his independence, and he has reached forty years, he says: ‘My Lord, direct me to appreciate the blessings You have bestowed upon me and upon my parents, and to do good work that pleases You. And 131 Tnv N~:uv~i Rvvuniic let my progeny be righteous. I have repented to You; I am of those who have submitted.’” (Qur’an 46:15) “And We enjoined the human being regarding his parents. His mother bore him with hardship upon hardship, and his weaning takes two years. You shall give thanks to Me, and to your parents. To Me is the final destiny.” (Qur’an 31:14) !n looking to thc abovc vcrscs, spccifically in 46:15 that thc bcaring and wcaning ol a child takcs 30 months, and thcn in 31:14 that idcntifics thc wcaning as a pcriod ol two ycars (i.c. 24 months), that will lcavc us with a diffcrcncc ol 6 months in which thc child is to bc carricd in prcgnancy. Tcrclorc, and sincc a natural prcgnancy cyclc is 9 months, this implics that in thc first 3 months thc lctus is not yct considcrcd a child. As such, abortion is only pcrmittcd il thc lctus is lcss than thrcc months old, or, il thcrc is a clcar thrcat to thc lilc ol thc prcgnant mothcr. Òthcr than this, abortion is considcrcd a sinlul act which is to bc discouragcd. Rebellion/Spying/Espionage “Te recompense of those who fight God and His messenger, and seek to make corruption in the land, is that they will be killed or crucified or that their hands and feet be cut off from alternate sides or that they be banished from the land; that is a disgrace for them in this world and in the Hereafter they will have a great retribution. Except for those who repent before you overpower them, then know that God is Forgiving, Merciful.” (Qur’an 5:33-34) Any pcrson convictcd ol cndangcring thc livcs ol citizcns through cspionagc, spying, scdition, incitcmcnt ol violcncc or mutiny will bc liablc to thc lull cxtcnt ol thc Tnv N~:uv~i Rvvuniic 132 law as dctcrmincd by thc court ranging lrom cxccution to amputation ol altcrnatc limbs and to dcportation lrom thc land. Howcvcr, an cxccption cxists lor thosc who surrcndcr thcmsclvcs willingly to thc statc bclorc bcing lound or capturcd and rcpcnt lrom thcir actions. Such cascs will not bc subjcct to thc pcnaltics ol rcbcllion but arc subjcct to thc pcnaltics ol cquivalcncc lor any crimcs committcd. Slavery “Do you know which is the better path? Te freeing of slaves.” (Qur’an 90:12-13) Any attcmpt madc to own or cnslavc a human bcing (cvcn with thc conscnt ol thc pcrson cnslavcd) is complctcly lorbiddcn. Pcrsons owning slavcs arc cncouragcd to sct thcm lrcc as an act ol rightcousncss and brothcrhood. Indecent Exposure and Pornography “O Children of Adam, We have sent down for you garments to alleviate your sin, and feathers; and the garment of righteousness is the best. Tat is from the signs of God, perhaps they will remember.” (Qur’an 7:26) “And tell the believing females to lower their gaze and keep covered their private parts, and that they should not reveal their beauty except what is apparent, and let them put forth their shawls over their cleavage. And let them not reveal their beauty except to their husbands, or their fathers, or fathers of their husbands, or their sons, or the sons of their husbands, or their brothers, or the sons of their brothers, or the sons of their sisters, or their women, or those maintained by their oaths, or the male servants who are without need, or the child who has not yet understood the composition of women. And 133 Tnv N~:uv~i Rvvuniic let them not strike with their feet in a manner that reveals what they are keeping hidden of their beauty. And repent to God, all of you believers, that you may succeed.” (Qur’an 24:31) Tc minimum lcgal rcquircmcnt lor public display is that mcn and womcn both covcr thcir lowcr privatc parts (gcnitalia, buttocks), in addition to womcn covcring thcir brcasts. Adultery “Te adulteress and the adulterer, you shall lash each of them with one hundred lashes, and do not let any pity overtake you regarding the system of God if you believe in God and the Last Day. And let a group of the believers witness their punishment. Te adulterer will only marry an adulteress or she who is a polytheist. And the adulteress, she will only be married to an adulterer or he who is a polytheist. And such has been made unlawful upon the believers. And those who accuse the independent females and they do not bring forth four witnesses, then you shall lash them eighty lashes and do not ever accept their testimony; and those are the wicked. Except those who repent after this and do good, then God is Forgiving, Merciful.” (Qur’an 24:2-5) “And whoever of you cannot afford to marry the independent female believers, then from those maintained by your oaths of the believing young women. And God is more aware of your faith, some of you to each other. You shall marry them with the permission of their parents and give them their dowries in kindness; to be independent, not for illicit sex or taking lovers. When they become Tnv N~:uv~i Rvvuniic 134 independent, then any of them who come with lewdness shall have half of what is the punishment for those independent. Tis is for those who are concerned about deviating from among you. But if you are patient it is better for you, and God is Forgiver, Merciful.” (Qur’an 4:25) “And those of your women who commit lewdness, you shall bring four witnesses over them from among you; if they bear witness, then you shall restrict them in the homes until death terminates their lives, or God makes for them a way out.” (Qur’an 4:15) Adultcry is thc act ol scxual intcrcoursc bctwccn a man and woman who arc not marricd to onc anothcr. Any accusation ol adultcry will not bc acccptcd unlcss lour cycwitncsscs arc produccd to support thc adultcry chargcs. Tc witncsscs must havc sccn thc act ol scxual intcrcoursc firsthand (hcarsay, circumstantial or any othcr nondircct cvidcncc will not bc acccptcd). !n casc lour truc witncsscs arc prcscntcd, thcn thc court will issuc thc rcquircd scntcncc ol 100 lashcs lor thc man and 100 lashcs lor thc woman involvcd in thc adultcry il thc woman is indcpcndcnt/maturc, or 50 lashcs lor thc woman il shc is marricd but not yct indcpcndcnt/maturc, or, housc arrcst lor thc woman il shc is unmarricd and not indcpcndcnt/ maturc. Tc lashings must bc publicly witncsscd to causc cmbarrassmcnt to thc guilty partics. !n casc lour witncss arc not prcscntcd or thc witncsscs arc not all lound to bc truc, thcn thc pcrson who brought lorth thc accusation and thc pcrsons who gavc lalsc tcstimony will bc lashcd 80 lashcs cach and will bc rcluscd luturc tcstimonics with thc court unlcss thcy havc rcpcntcd. 135 Tnv N~:uv~i Rvvuniic Accusations of Adultery by Husband/Wife “And those who accuse their spouses, but they have no witnesses except for themselves, then the testimony of one of them is to be equivalent to that of four witnesses if it is sworn by God that they are being truthful. And the fifth shall be the curse of God upon themselves if they are of the liars.” (Qur’an 24:6-7) “And the punishment will be averted from her if she bears witness four times by God that he is of the liars. And the fifth shall be the curse of God upon her if he is speaking the truth.” (Qur’an 24:8-9) A man or woman may accusc his/hcr spousc ol adultcry in court without having any witncsscs cxccpt thcmsclvcs il thcy swcar an oath by God lour timcs to such cffcct. Howcvcr, in cascs ol thc husband accusing his wilc, shc will bc ablc to countcr and nullily his accusation il shc swcars an oath by God lour timcs that hc is lying. Tc punishmcnt in such casc ol adultcry would bc 100 lashcs in public, or 50 lashcs lor thc woman il shc is not yct indcpcndcnt/maturc. Sexual Molestation and Rape “And as they rushed towards the door, she tore his shirt from behind; and they found her master at the door. She said: ‘What is the punishment for he who wanted evil for your family? Is it not that he be imprisoned or punished painfully?’” (Qur’an 12:25) “And he said to the one whom he thought would be saved of them: “Mention me to your lord.” But the devil made him forget to mention to his lord, so He remained in prison for a few years.” (Qur’an 12:42) Tnv N~:uv~i Rvvuniic 136 Cascs ol scxual molcstation or rapc il provcn to bc accuratc will carry cithcr a prison scntcncc (not to cxcccd fivc ycars bascd on thc cxamplc ol 12:42) and/or a physical punishmcnt as dctcrmincd by thc court (thc physical punishmcnt may not bc cxccssivc to thc naturc ol thc crimc committcd). Homosexuality “And the two men who commit it from among you, you shall trouble them. If they repent and amend, then leave them alone. God is Redeemer, Merciful.” (Qur’an 4:16) Homoscxuality bctwccn malcs shall bc punishcd, at thc discrction ol thc court, with thc intcnt to rcpcl such mcn lrom cngaging in homoscxual acts. Tc punishmcnt is to bc waivcd in casc thc accuscd rcpcnts lrom such activity. Teft/Financial Fraud “As for the thief, both male and female, you shall cut from their resources – as a penalty for what they have earned – to be made an example of from God. God is Noble, Wise.” (Qur’an 5:38) !n cascs ol provcn thclt, thc court shall ordcr thc rcturn ol thc stolcn itcm(s)/good(s)/propcrty as wcll as thcir cquivalcnt valuc. !n cascs whcrc no such goods or rcsourccs arc availablc, thcn thc pcnalty shall bc to hold thc thicl in custody and scntcncing him/hcr to labor at a lair markct pricc. Moncy raiscd lrom thc work shall scrvc to compcnsatc thc statc or thc pcrson(s) lrom whom thc thclt occurrcd. Bribery “As for the thief, both male and female, you shall cut 137 Tnv N~:uv~i Rvvuniic from their resources – as a penalty for what they have earned – to be made an example of from God. God is Noble, Wise.” (Qur’an 2:188) Paying bribcs to cmployccs in govcrnmcnt or othcrwisc will rcsult in thc court taking immcdiatc action against thc pcrson making thc bribc through confiscation ol thc bribc amount, and/or thc imposing ol a finc and/or scntcncing thc pcrson to a prison scntcncc as dctcrmincd appropriatc by thc court Judgc. Disturbing the Peace “‘And be humble in how you walk and lower your voice. For the harshest of all voices is the voice of the donkeys.’” (Qur’an 31:19) Ðisturbancc ol thc pcacc, il provcn to bc cxccssivc, may rcsult in action to bc spccificd by thc court. Negligence and Impeachment “O you who believe, do not betray God and the messenger, nor betray your trust, while you know.” (Qur’an 8:27) “It was not for any prophet to embezzle, and he who embezzles will be brought with what he has embezzled on the Day of Resurrection, then every soul will be given what it has earned without being wronged.” (Qur’an 3:161) All cmployccs and offi cials arc lully accountablc lor thcir position and all thc rcsponsibilitics and dutics cntailcd thcrcin. Pcoplc who bctray thc trust ol offi cc may bc rcmovcd lrom offi cc, fincd or imprisoncd by thc court. 138 12 Rules of Warfare Tis chaptcr will outlinc thc rulcs that rcgulatc and dctcrminc warlarc lrom thc Scripturc as wcll as thc structurc and scopc ol military campaigns/opcrations. “Warfare has been decreed for you while you hate it; and perhaps you may hate something while it is good for you, and perhaps you may love something while it is bad for you; and God knows while you do not know.” (Qur’an 2:216) 139 Tnv N~:uv~i Rvvuniic Establishing an Army “And prepare for them all that you can of might, and from the steeds of war, that you may instill terror with it towards the enemy of God and your enemy, and others besides them whom you do not know but God knows them. And whatever you spend in the cause of God will be returned to you, and you will not be wronged.” (Qur’an 8:60) ¡stablishing an army is a rcquircmcnt ol any !slamic statc in ordcr to dclcnd its pcoplc, propcrty and constitution. Not having a military lorcc is an invitation lor invasion or somc disastcr lying in wait at somc luturc point. Military Service “O prophet, urge the believers to fight. If there are twenty of you who are patient, they will defeat two hundred. And if there are one hundred of you, they will defeat one thousand from among those who reject; that is because they are a people who do not understand.” (Qur’an 8:65) Tc army shall bc madc up ol mcn and womcn who rcndcr such a scrvicc ol thcir own lrcc will and undcr no compulsion whatsocvcr. Tcsc individuals arc to bc providcd a wagc and othcr bcncfits and scrviccs as cstablishcd by thc statc. !n wartimc, thc statc may call on ablcbodicd mcn and womcn who upon thcir own lrccwill arc rcady to lorm militias to dclcnd thc statc and its citizcns. Defensive Warfare “And fight in the cause of God against those who fight you, but do not aggress, God does not love the aggressors. And kill them wherever you overcome them, and expel them from where they expelled you, Tnv N~:uv~i Rvvuniic 140 and know that persecution is worse than being killed. And do not fight them at the Restricted Temple unless they fight you in it; if they fight you then kill them, thus is the recompense of the disbelievers. And if they cease, then God is Forgiving, Merciful. And fight them so there is no more persecution, and so that the system is for God. If they cease, then there will be no aggression except against the wicked.” (Qur’an 2:190-193) Tis is whcrc thc tcrritory ol thc statc has comc undcr dircct attack or thrcat ol attack. !n such a casc, thc Scripturc grants automatic authority to conduct lullbattlc mobilization and to conduct dclcnsivc strikcs in rctaliation to thc attacks incurrcd. Varlarc in this sccnario is to bc conductcd until thc invading lorcc(s) is drivcn back, il thcy ccasc and withdraw, or il thcy complctcly surrcndcr. !l any part ol thc statc has lallcn undcr occupation, thcn no treaties, negotiations, or ceasefires may be entered into until thc cncmy has surrcndcrcd or has bccn lully drivcn out lrom thc lands and locations occupicd. Any such trcatics or ncgotiations cntcrcd into on bchall ol thc statc whilc undcr occupation shall bc considcrcd null and void. Undcr such warlarc, thc catcgorization ol cncmics bccomcs as lollows: Invading Soldiers, Special Forces, Mercenaries, and Various Armed Units “And fight in the cause of God against those who fight you, but do not aggress, God does not love the aggressors. And kill them wherever you overcome them, and expel them from where they expelled you, and know that persecution is worse than being killed. And do not fight them at the Restricted Temple unless they fight you in it; if they fight you then kill 141 Tnv N~:uv~i Rvvuniic them, thus is the recompense of the disbelievers.” (Qur’an 2:190-191) !nvading soldicrs and all armcd lorccs/units that support thcm may bc attackcd, lought, and killcd whcncvcr and whcrcvcr thcy arc lound unlcss thcy surrcndcr or complctcly withdraw lrom thc arcas thcy havc invadcd. Occupation Installed Army or Policing Force (i.e. Puppet Police or Army) “ You will find others who want to be safe among you and safe among their own people. Every time they are returned to the test, they fall back in it. If they do not withdraw from you, and offer you peace, and restrain their hands, then you shall take them and kill them wherever you overcome them. For these We have given you a clear authority.” (Qur’an 4:91) Although thcsc pcoplc arc normally citizcns ol thc invadcd country/nation, thcy arc considcrcd to bc an cxtcnsion ol thc invading army as thcy offcr support, intclligcncc, and protcction to thc invadcr. !nvading armics typically usc thcsc local militias or army lormations as a ‘lront linc’ to dclcnd thcm lrom attacks or to havc thcm scarch out and kill or capturc dclcndcrs. Such pcoplc arc to bc lought and killcd without hcsitation until thcy ccasc thcir actions ol support lor thc invading army. Traitors, Spies, and Collaborators “Te recompense of those who fight God and His messenger, and seek to make corruption in the land, is that they will be killed or crucified or that their hands and feet be cut off from alternate sides or that they be banished from the land; that is a disgrace for them in Tnv N~:uv~i Rvvuniic 142 this world and in the Hereafter they will have a great retribution. Except for those who repent before you overpower them, then know that God is Forgiving, Merciful.” (Qur’an 5:33-34) Tis scction ol pcoplc is thc most vilc. Tcy minglc with thc pcoplc as il thcy arc with thcm, but thcn would pass on inlormation to thc invadcrs rcgarding lormations, wcapons, rcadincss, battlc plans and locations. Tis group by lar causcs thc most sctbacks lor thc dclcndcrs as cntirc lormations and plans may bc dcstroycd by thc insidc inlormation thcy posscss. Tis group not only includcs inlormants and spics, but also covcrs collaborators lrom within thc govcrnmcnt. !l a pcrson is provcn to bc amongst this catcgory, thcn hc/shc may bc lought and killcd, or crucificd and madc as a public cxamplc, or madc disablcd by thc cutting off ol an altcrnatc hand and loot, or banishcd pcrmancntly lrom thc land… Howcvcr, il a traitor/spy/collaborator surrcndcrs and rcpcnts bclorc bcing capturcd or discovcrcd, thcn thcy may bc sparcd. Logistical Support (Truck Drivers, Contractors, Cooks, etc.) “When you were on the near side, and they were on the far side, then the supply line became directly beneath you. And if you had planned for this meeting, you would have disagreed on its timing, but God was to enforce a command that was already done. So that He would destroy those to be destroyed with proof, and to let those who will live be alive with proof; and God is Hearer, Knowledgeable.” (Qur’an 8:42) Again, thcsc arc an “cxtcnsion” ol thc invading army and lall undcr thc samc ruling that it docs. Vithout thc logistics ol lood, lucl, ammunition, clothcs, ctc. thc 143 Tnv N~:uv~i Rvvuniic invading army would not havc thc ability to fight and to hold its positions. Attacking and dcstroying supply lincs and logistic support is not only pcrmissiblc, but is a rcquircmcnt to put an cnd to thc invading lorccs. External Military Operations “And why do you not f ight in the cause of God, when the weak among the men and women and children say: ‘Our Lord, bring us out of this town whose people are wicked, and grant us from Yourself a supporter, and grant us from Yourself a victor!’” (Qur’an 4:75) “Tose who have believed and emigrated and strived with their money and lives in the cause of God, and those who have sheltered and supported; these are the allies of one another. And those who believed but did not emigrate, you do not owe them any obligation until they emigrate. But if they seek your help in the system, then you must support them, except if it is against a people with whom there is a covenant between you and them. And God is Seer over what you do.” (Qur’an 8:72) “And if they break their oaths after making their pledge, and they challenge the authority of your system; then you may kill the leaders of rejection. Teir oaths are nothing to them, perhaps they will then cease.” (Qur’an 9:12) “O you who believe, if you go forth in the cause of God, you shall investigate carefully. And do not say to those who greet you with peace: “ You are not a believer!” You are seeking the vanity of this world; but with God are many riches. Tat is how you were before, but Tnv N~:uv~i Rvvuniic 144 God graced you, so investigate carefully. God is expert over what you do.” (Qur’an 4:94) Military action (outsidc thc statc or its boundarics) is only pcrmittcd undcr any ol thc lollowing justifications: • Coming to sct lrcc or rclocatc an opprcsscd pcoplc who havc madc a public call lor hclp (in looking to thc cxamplc ol Moscs and Pharaoh, thcrc was no attcmpt madc by Moscs to changc thc govcrnmcnt ol Pharaoh or to givc thc Childrcn ol !sracl powcr ovcr thc govcrnmcnt or cvcn to givc thcm any part ol thc land ol ¡gypt, hc mcrcly camc to sct thcm lrcc and allow thcm to rclocatc and lcavc ¡gypt). • A crcdiblc thrcat or action ol thrcat is displaycd by a group/nation against thc !slamic statc. • !n pcacckccping missions with nations/pcoplc with whom thc statc has a trcaty. Tc party bcing aggrcsscd against must bc lormally and publicly madc awarc ol thc rcasons lor thc attack and a rcasonablc opportunity bc givcn to thc nation which is about to bc attackcd to rcspond and amcnd. Battle Strategy Tis scction is dcdicatcd to thc sharing ol ccrtain battlc stratcgics and tips that havc bccn asccrtaincd lrom thc Scripturc: Keep Organization and Planning Low Key “And remember when you were but a few who were weak in the land, you were fearful that the people might capture you. But He sheltered you, and He supported you with His victory, and He provided you with good provisions, so that you may be thankful.” (Qur’an 8:26) 145 Tnv N~:uv~i Rvvuniic Develop Weapons and Secure Funding “And prepare for them all that you can of might, and from the steeds of war, that you may instill terror with it towards the enemy of God and your enemy, and others besides them whom you do not know but God knows them. And whatever you spend in the cause of God will be returned to you, and you will not be wronged.” (Qur’an 8:60) Research and Development “Tat you may make armor coats that fit perfectly, and work righteousness. For I am Seer of what you do.” (Qur’an 34:11) “And We taught him the making of armor for you to protect you from your enemy. Are you then thankful?” (Qur’an 21:80) Reconnaissance and Information Gathering “But the hoopoe did not stay away long, then he said: ‘I have seen what you do not know, and I have come to you from Sheba with news which is certain.’” (Qur’an 27:22) Have Leadership in Place “O you who believe, obey God and obey the messenger, and those in authority among you. But if you dispute in any matter, then you shall refer it to God and His messenger if you believe in God and the Last Day. Tat is better and more suitable for knowing.” (Qur’an 4:59) Tnv N~:uv~i Rvvuniic 146 Mobilize Troops “O you who believe, what is wrong with you when you are told: ‘Mobilize in the cause of God,’ you become heavy on the earth. Have you become content with this worldly life over the Hereafter? Te enjoyment of this worldly life compared to the Hereafter is nothing.” (Qur’an 9:38) “Mobilize in light gear or heavy gear, and strive with your money and lives in the cause of God. Tat is best if only you knew.” (Qur’an 9:41) Attack Supply Lines “When you were on the near side, and they were on the far side, then the supply line became directly beneath you. And if you had planned for this meeting, you would have disagreed on its timing, but God was to enforce a command that was already done. So that He would destroy those to be destroyed with proof, and to let those who will live be alive with proof; and God is Hearer, Knowledgeable.” (Qur’an 8:42) Coordinate Attacks “God loves those who fight in His cause as one column; they are like bricks in a wall.” (Qur’an 61:4) Strike the Enemy Leadership “And if they break their oaths after making their pledge, and they challenge the authority of your system; then you may kill the leaders of rejection. Teir oaths are nothing to them, perhaps they will then cease.” (Qur’an 9:12) 147 Tnv N~:uv~i Rvvuniic Strike Weakest Links “Terefore, if you encounter those who have rejected, then strike the necks; until you bind them, then secure the cords. You may then either set them free or ransom them, until the war ends. Tat, and if God had willed, He alone could have beaten them, but He thus tests you by one another. As for those who get killed in the cause of God, He will never let their deeds be put to waste.” (Qur’an 47:4) Follow Orders “O you who believe, obey God and obey the messenger, and those in authority among you. But if you dispute in any matter, then you shall refer it to God and His messenger if you believe in God and the Last Day. Tat is better and more suitable for knowing.” (Qur’an 4:59) Scout Battle Terrain and Positions “Remember when you departed from your family to prepare for the believers their stations for battle, and God is Hearer, Knowledgeable.” (Qur’an 3:121) Number of Fighters Irrelevant to Outcome “God had granted you victory at Badr, while you had been the lesser, so reverence God that you may be thankful. When you said to the believers: ‘Is it not enough for you that your Lord would supply you with three thousand of the angels sent down? Indeed, if you are patient and are righteous and they come and attack you, He will supply you with f ive thousand of the angels battle trained.’” Tnv N~:uv~i Rvvuniic 148 (Qur’an 3:123-125) Hold Your Ground “O you who believe; when you encounter those who have rejected on the battlefield, do not flee from them. And whoever on that day flees from them; unless it is part of the battle strategy or if he is retreating back to his group; then he has drawn the wrath of God upon him, and his abode will be Hell. What a miserable destiny.” (Qur’an 8:15-16) “O you who believe, when you meet a force, stand firm and mention God excessively, that you may succeed.” (Qur’an 8:45) Attack Bases of Traitors and Collaborators “And if you are being betrayed by a people, then you shall likewise move against them. God does not love the betrayers.” (Qur’an 8:58) Encourage Populace to Fight or Defend “O prophet, urge the believers to fight. If there are twenty of you who are patient, they will defeat two hundred. And if there are one hundred of you, they will defeat one thousand from among those who reject; that is because they are a people who do not understand.” (Qur’an 8:65) Focus on Enemy Losses “If you are wounded, then know that the other group is also wounded. And such are the days, We alternate 149 Tnv N~:uv~i Rvvuniic them between the people, so that God will distinguish those who believe, and so He may make witnesses from among you; and God does not love the wicked.” (Qur’an 3:140) Change Plans Tat Do Not Work “And so it was when you suffered setback; even though you affl icted them with twice as much setback; you said: ‘Where is this coming from?’ Say: ‘It is from yourselves.’ God is capable of all things.” (Qur’an 3:165) Replace Leadership If Killed or Captured, Focus on Final Goal “And Mohammed is but a messenger, like many messen- gers who have passed before him. If he dies or is killed will you turn back on your heels? And whoever turns back on his heels, he will not harm God in the least. And God will recompense the thankful.” (Qur’an 3:144) Remember the Hereafter “And if you are killed in the cause of God or die, then forgiveness from God and mercy are far greater than all they can put together. And if you die or are killed, then to God you will be gathered. And do not think that those who are killed in the cause of God are dead. No, they are alive at their Lord receiving a bounty. Happy with what God has granted them from His grace, and they rejoice in those who have yet to follow after them. Tere is no fear upon them nor do they grieve. Tey rejoice with the bounty of God and grace; God will not waste the recompense of the believers.” (Qur’an 3:169-171) Tnv N~:uv~i Rvvuniic 150 Trust in God “Te ones who the people said to them: ‘ Te people have gathered against you, so be concerned by them,’ but it only increased their faith and they said: ‘God is suffi cient for us, and He is the best to put our trust in.’” (Qur’an 3:173) “And when the believers saw the opponents, they said: ‘ Tis is what God and His messenger have promised us, and God and His messenger are truthful.’ Tis only increased their faith and their submission.” (Qur’an 33:22) Scope of Warfare and Conduct “And if they cease, then God is Forgiving, Merciful. And fight them so there is no more persecution, and so that the system is for God. If they cease, then there will be no aggression except against the wicked.” (Qur’an 2:192-193) Vith thc cxccption ol dclcnsivc warlarc which is conductcd until thc cncmy/invadcr is complctcly drivcn out or surrcndcrs, all othcr warlarc conductcd by thc statc is to bc donc whilc cxcrcising paticncc and rcstraint at all timcs. Tc combat pcrsonncl arc prohibitcd lrom fighting or attacking noncombatants in any shapc, way or lorm, unlcss thcy havc placcd thcmsclvcs within thc tcrritory ol thc statc and arc bcing drivcn out (i.c. scttlcrs that havc comc with thc invading army) or havc bccomc intcrminglcd with thc invading army. Combatants who withdraw to tcrritorics ol nations with which thc statc has a covcnant/trcaty may not bc harmcd as long as thcy arc not launching attacks lrom such tcrritory. 151 Tnv N~:uv~i Rvvuniic Prisoners of War “And it was not for any prophet to take prisoners until he is bound by a campaign. You desire the materials of this world, while God wants the Hereafter for you. God is Noble, Wise.” (Qur’an 8:67) “O prophet, say to those prisoners whom you hold: ‘If God finds in your hearts any good, He will grant you better than what He took from you, and He will forgive you. God is Forgiving, Merciful.’” (Qur’an 8:70) “Terefore, if you encounter those who have rejected, then strike the necks; until you bind them, then secure the cords. You may then either set them free or ransom them, until the war ends. Tat, and if God had willed, He alone could have beaten them, but He thus tests you by one another. As for those who get killed in the cause of God, He will never let their deeds be put to waste.” (Qur’an 47:4) Prisoncrs arc only takcn in battlc or warlarc and not during pcacctimc or noncombativc action. Prisoncrs ol war arc to bc trcatcd with dignity and rcspcct at all timcs and must bc providcd lood, shcltcr and mcdical assistancc. Prisoncrs arc not to bc humiliatcd, torturcd or subjcctcd to psychological or physical strcss at any timc during thcir captivity. Prisoncrs may bc cxchangcd or sct lrcc during a war bascd on what is dccmcd to bc in thc bcst intcrcst ol thc statc. Howcvcr, oncc thc war is offi cially ovcr, thcn all prisoncrs must bc rclcascd immcdiatcly and rcturncd to thcir homcland or givcn shcltcr in thc statc il that is thcir rcqucst and it is dccmcd to rcprcscnt no thrcat. Tnv N~:uv~i Rvvuniic 152 Desertion “O you who believe; when you encounter those who have rejected on the battlefield, do not flee from them. And whoever on that day flees from them; unless it is part of the battle strategy or if he is retreating back to his group; then he has drawn the wrath of God upon him, and his abode will be Hell. What a miserable destiny.” (Qur’an 8:15-16) Ðcscrtion lrom thc military or lrom battlc shall inflict action against thc offcnding pcrson through thc criminal court ol thc statc. Te Ending of Military Conflict “And f ight in the cause of God against those who f ight you, but do not aggress, God does not love the aggressors. And kill them wherever you overcome them, and expel them from where they expelled you, and know that persecution is worse than being killed. And do not f ight them at the Restricted Temple unless they f ight you in it; if they f ight you then kill them, thus is the recompense of the disbelievers.” (Qur’an 2:190-191) “And if they seek peace, then you also seek it, and put your trust in God. He is the Hearer, the Knowledgeable. And if they wish to deceive you, then God is suff icient for you. He is the One who supported you with His victory and with the believers.” (Qur’an 8:61-62) Tc military campaign can only cnd with thc invadcrs bcing drivcn out (il it is a dclcnsivc war) or il thc statc dccidcs to ccasc thc military campaign (il it is an aggrcssivc war). No trcatics or withdrawals arc pcrmittcd 153 Tnv N~:uv~i Rvvuniic in a dclcnsivc war until thc cncmy has lully withdrawn lrom all occupicd arcas or has surrcndcrcd. !l thc cncmy has withdrawn, thcn a pcacc trcaty may bc hcld il thc aggrcssor rcqucsts it. Spoils of War “Tey ask you regarding the spoils of war, say: ‘ Te spoils of war are for God and the messenger.’ So be aware of God, and be upright in matters between you; and obey God and His messenger if you are believers.” (Qur’an 8:1) !n war, all spoils arc to bc administcrcd by thc statc lor distribution into thc cconomy and pcoplc. Secret Operations/Missions “Tey ask you regarding the crescent moons, say: ‘ Tey are a timing mechanism for the people and the Pilgrimage.’ And piety is not that you would enter a home from its back, but piety is whoever is righteous and comes to the homes from their main doors. And be aware of God that you may succeed.” (Qur’an 2:189) Tc !slamic statc and all its citizcns arc prohibited lrom conducting sccrct warlarc or opcrations dcsigncd to dcstabilizc, undcrminc or corrupt thc systcms ol lorcign nations. Tc statc will always bc bound by transparcncy and honcsty and thc dcsirc to bcncfit thc livcs ol humans insidc thc statc and clscwhcrc on ¡arth. Campaigns of Conquest “If you sought conquest, then conquest has come to you, but if you cease, then it is better for you. And if you return again, then We will also return, and your Tnv N~:uv~i Rvvuniic 154 group will avail you nothing even if it is many. God is with the believers.” (Qur’an 8:19) Campaigns with thc intcnt ol conqucst arc prohibitcd lrom bcing conductcd. Peace Keeping Efforts “And if two parties of believers battle with each other, you shall reconcile them; but if one of them aggresses against the other, then you shall fight the one aggressing until it complies with the command of God. Once it complies, then you shall reconcile the two groups with justice, and be equitable; for God loves those who are equitable. Te believers are brothers; so reconcile between your brothers, and be aware of God, that you may receive mercy.” (Qur’an 49:9-10) Tc Scripturc allows lor thc statc to cntcr into pcacckccping missions. Such missions shall bc limitcd to cnding thc aggrcssion ol onc party against anothcr and rcconciliation bctwccn thc two warring lactions. 155 13 Te Calendar System Crcating a vibrant rcpublic bascd on thc Scripturc docs not only rcly on laws and lcgal issucs but must also takc into account thc advanccd rcquircmcnt ol “timc kccping.” 8clow is a bricl history ol somc ol thc most widcly uscd calcndars that may assist us in undcrstanding how thc cclcstial systcm ol God has bccn put in usc ovcr thc agcs. Egyptian Calendar !t is rccordcd that thc carly ¡gyptians (around 4,000 8C) uscd a Solar calcndar ol 365 days bascd on thcir Tnv N~:uv~i Rvvuniic 156 obscrvation ol thc star Sirius rising with thc Sun (this is thc Hcliacal rising and would occur at thc pcak ol summcr). Tc ¡gyptians also had 12 months in thcir ycar dividcd into 30 days cach. Tc last 5 days wcrc callcd “days ol lcstival” (20:59) and wcrc not part ol any month. Tcy cvcntually had a systcm ol 36 stars to mark out thc ycar and in thc cnd had thrcc diffcrcnt calcndars working concurrcntly lor ovcr 2000 ycars: a stcllar calcndar lor agriculturc, a solar ycar ol 365 days (12 months x 30 ÷ 5 cxtra) lor civil lilc, and a quasilunar calcndar lor lcstivals. Tc latcr ¡gyptian calcndars dcvclopcd sophisticatcd Zodiac systcms. Greek Calendar Tc calcndar uscd by thc ancicnt Grccks was bascd on thc Moon and was known as thc Mctonic calcndar. Tis calcndar was bascd on thc obscrvations ol Mcton ol Athcns (ca. 440 8C), which showcd that 235 lunar months madc up almost cxactly 19 solar ycars. Tis 19 ycar cyclc bccamc known as thc Mctonic cyclc. Howcvcr, givcn a nominal twclvcmonth ycar, an additional lunar month nccdcd to bc addcd to synchronizc thc cyclc. Tcsc wcrc addcd in ycars 3, 5, 8, 11, 13, 16, and 19 ol thc cyclc. Tus thc Grcck Calcndar is a mixturc ol Solar and Lunar clcmcnts. Roman Calendar Tc Romans startcd off with a 10 month Lunar calcndar which startcd thc ycar around thc vcrnal cquinox and consistcd ol 10 months (Martius, Aprilis, Maius, Junius, Quntilis, Scxtilis, Scptcmbcr, Òctobcr, Novcmbcr, and Ðcccmbcr) having a total ol 304 days. Tc 304 days wcrc lollowcd by an unnamcd, unnumbcrcd pcriod in wintcr. Tc Roman cmpcror Numa Pompilius (715673 8C) introduccd Fcbruary and January bctwccn Ðcccmbcr 157 Tnv N~:uv~i Rvvuniic and March, incrcasing thc lcngth ol thc ycar to 354 or 355 days. !n 46 8C, thc Romans altcrcd thcir calcndar bascd on thc ¡gyptian modcl, undcr cmpcror Julius Cacsar, to a calcndar madc up ol 365 days (366 in a lcapycar). Also, thc numbcr ol days pcr month was altcrcd/incrcascd to corrcspond to thc 365day ycar (i.c. 31 day months wcrc introduccd). Gregorian Calendar Tis is thc most common calcndar in usc today in thc modcrn world and is an adjustmcnt ol thc carlicr Roman Calcndar. Julian Scaligcr dcfincd Ðay Ònc ( January 1st) as a day whcn thrcc cyclcs convcrgcd on it. Tc first cyclc was thc 28 ycar pcriod ovcr which thc Julian calcndar rcpcats. Tc sccond was thc 19 ycar goldcn numbcr cyclc ovcr which phascs ol thc moon almost land on thc samc datcs ol thc ycar. Tc third cyclc was thc 15 ycar ancicnt Roman tax cyclc ol cmpcror Constantinc. !n 1582 Popc Grcgory truncatcd 10 days off thc Roman calcndar to bring it in linc with thc vcrnal cquinox (crrors wcrc prcviously madc in thc lcapycar adjustmcnts and thc calcndar slippcd out ol sync with thc scasons). Jewish Calendar Tc Hcbrcw calcndar is a blcnd ol Lunar and Solar componcnts rcsulting in what is callcd a “LuniSolar” calcndar. Tc rcligious bcginning ol thc Hcbrcw calcndar is thc month ol Nisan (bascd on ¡xodus 12:2) which corrcsponds to thc months ol March or April dcpcnding on thc lunar and solar cyclcs. Tc Hcbrcw months arc: (Tishri, Hcshvan, Kislcv, Tcvct, Shcvat, Adar, Nisan, !yar, Sivan, Tammuz, Av, ¡lul). Tc cxtra month (callcd Adar !!) is inscrtcd roughly cvcry 7 ycars to makcup lor thc 11day slip which rcsults lrom Tnv N~:uv~i Rvvuniic 158 lollowing thc Lunar cyclcs. Tis adjustmcnt is donc to kccp thc calcndar in linc with thc scasons ol a Solar ycar. Current Islamic Calendar Tc currcnt !slamic calcndar uscs a simplc count ol 12 lunar months, which prcsumcs to bc bascd on thc Scripturc and uscs thc Hijra (thc migration ol thc Prophct to Mcdina) as its “ycar zcro.” “Te count of the months with God is twelve months in the book of God the day He created the heavens and the earth; four of them are restricted. Tis is the correct system; so do not wrong yourselves in them; and fight the polytheists collectively as they fight you collectively. And know that God is with the righteous.” (Qur’an 9:36) Tc lunar months rctain Arabic namcs in thc lollowing scqucncc: 1. Muharam, 2. Salar, 3. Rabca !, 4. Rabca !!, 5. Jamadi !, 6. Jamadi !!, 7. Rajab, 8. Shaban, 9. Ramadhan, 10. Shawal, 11. Ðhul Qida, 12. Ðhul Hija. Tc obvious rcsult ol such a calcndar, as any amatcur astronomcr would know, is that thc lunar ycar (12 months x 29.53 days pcr month - 354.36 days) will bc 11 days shortcr than thc actual solar ycar ol 365.242 days. Tis calcndar rcsults in thc months bcing wildly out ol sync 159 Tnv N~:uv~i Rvvuniic with thc scasons, and any luturc planning bccomcs a complcxity in itscll. !t is no sccrct that ncarly all nations who prolcss to usc thc !slamic calcndar will also run a civil calcndar that uscs a 365day ycar and lor which thcy schcdulc thcir livcs and busincsscs. Definition of a Year Tc first qucstion that nccds to bc askcd whcn constructing any calcndar is whcthcr to usc a solar ycar ol 365 days (rcprcscnting thc lcngth ol timc it takcs thc ¡arth to rotatc complctcly around thc sun), or, whcthcr to usc a lunar ycar by simply counting 12 lunar months (354 days), or, whcthcr to usc a mixturc ol both solar and lunar at thc samc timc. “And We made the night and the day as two signs, so We erased the sign of night and We made the sign of day to see-in, that you may seek bounty from your Lord, and that you may know the number of the years and the count. And everything We have detailed completely.” (Qur’an 17:12) “He is the One who has made the sun a radiance, and the moon a light, and He has measured its phases; that you may know the number of the years and the count. God has not created this except with the truth. He clarifies the revelations for a people who know.” (Qur’an 10:5) According to thc abovc vcrscs, thc main thcmc that is uscd to mcasurc thc ycar is thc altcrnation ol thc day and night (which is causcd by thc movcmcnt ol thc ¡arth around thc sun), whilc thc sccondary thcmc arc thc phascs ol thc moon, thus making thc calcndar that is dcscribcd in thc Scripturc ol God as bcing “lunisolar” in naturc. Tnv N~:uv~i Rvvuniic 160 Year = 365 days rounded (365.24 days—one full rotation around the sun) Vc can scc this rclcrcncc to a solar bascd 365day ycar in thc story ol Joscph whcn hc rclcrs to thc scvcn ycars ol drought that ¡gypt will lacc (12:47) as it is linkcd dircctly to thc harvcst, as wcll as thc uniquc phcnomcnon that thc singular word ‘day/yawm’ occurs in thc cntirc Qur’an an cxact 365 timcs. Definition of a Month Vith rcgards to a ‘month,’ it is a unit ol mcasurc that is containcd within a ycar (cstablishcd as 365 days). According to thc Scripturc, thcrc arc 12 ol thcsc units ‘months’ that arc countcd within thc systcm ol thc ycar: “Te count of the months with God is twelve months in the book of God the day He created the heavens and the earth; four of them are restricted. Tis is the correct system; so do not wrong yourselves in them; and fight the polytheists collectively as they fight you collectively. And know that God is with the righteous.” (Qur’an 9:36) Tcrclorc, and in thc simplcst tcrms, thc avcragc lcngth ol cach month is 365 ÷ 12 - 30.4 days (30 days roundcd). Tis figurc ol 30 days brings us back to thc moon whcrcby wc arc told that, in addition to thc sun, thc moon is also rclatcd to thc count ol thc ycars. “He is the One who has made the sun a radiance, and the moon a light, and He has measured its phases; that you may know the number of the years and the count. God has not created this except with the truth. He clarifies the revelations for a people who know.” (Qur’an 10:5) 161 Tnv N~:uv~i Rvvuniic Tc avcragc lcngth ol thc cyclc ol thc moon is 29.53 days (30 days roundcd), which is inlinc with thc mcasurc ol thc ‘30day month’ as givcn in thc Scripturc. Month = 30 days rounded (29.53 days —one full lunar cycle) Vc can scc thc corrclation bctwccn thirty days and onc month clcarly in vcrsc 58:4 which spcaks ol a pcrson lasting lor “two consccutivc months” or “lccding sixty poor” thus making thc dcfinition ol a month as 30 days. When does the year begin? Tc currcnt datcs uscd in modcrn calcndars to mark thc first day ol thc ycar (such as January 1 st in thc Grcgorian calcndar or Muharam in thc Arabic calcndar) arc arbitrary datcs that havc bccn sclcctcd bascd on spccific historic cvcnts (thc dcath ol Jcsus in thc Grcgorian, and thc Hijra ol thc Prophct in thc Arabic). According to thc Qur’an, thc most significant cvcnt that takcs placc on onc night cvcry ycar is thc “Night ol Ðccrcc” in which thc angcls and thc Spirit arc scnt down to carry out thc dccrccs ol God: “We have sent it down in the Night of Decree. And do you know what is the Night of Decree? Te Night of Decree is better than one thousand months. Te angels and the Spirit come down in it with the permission of their Lord to carry out every matter. It is peaceful until the coming of dawn.” (Qur’an 97:1-5) Tis cvcnt, bcing a blcsscd night lor thc rcccipt ol thc commands ol God, is by lar thc most significant and thc most worthy to bc uscd as a markcr lor thc bcginning ol thc ycar. Jesus and the Night of Decree Tc birth ol thc Mcssiah, Jcsus, is amongst thc grcatcst miraclcs to occur in our history as hc was conccivcd Tnv N~:uv~i Rvvuniic 162 miraculously without having a lathcr and hc was ablc to spcak to pcoplc lrom thc cradlc and was ablc to pcrlorm grcat miraclcs (with thc pcrmission ol God) that includcd raising thc dcad and hcaling thc blind and thc lcpcrs. Accordingly, thc Qur’an givcs us somc clucs rcgarding this grcat cvcnt, spccifically in idcntilying thc pcriod/ month in which thc son ol Mary was givcn birth to: “And shake the trunk of this palm tree, it will cause ripe dates (Rutab) to fall upon you.” (Qur’an 19:25) Tc tcrm “Rutab” indicatcs an advanccd lcvcl ol datc ripcning. Tc known timc lor this stagc ol datc dcvclopmcnt typically occurs in thc Middlc ¡ast at thc cnd ol thc pcak ol hot scason and datcs arc known as “Rutab” lrom thc pcriod cnding in August till thc pcriod cnding in Scptcmbcr. As such, it is with this cluc that wc can dctcrminc that thc Mcssiah was givcn birth to in thc pcriod around Scptcmbcr according to thc climatc ol thc Middlc ¡ast. Howcvcr, it is not in thc birth ol Jcsus that wc find clucs to thc Night ol Ðccrcc, rathcr, it is with thc night ol his conccption. 163 Tnv N~:uv~i Rvvuniic “So she took a barrier to separate her from them, so We sent Our Spirit to her, and he took on the shape of a man in all similarity. She said: ‘I seek refuge with the Almighty from you if you are righteous.’ He said: ‘I am the messenger of your Lord, to grant you the gift of a pure son.’” (Qur’an 19:17-19) “And the angels said: ‘O Mary, God gives you glad tidings of a word from Him. His name is the Messiah, Jesus the son of Mary. Honorable in this world and in the Hereafter, and from among those who are made close. And he will speak to the people from the cradle and to middle-age, and is from among the upright.’ She said: ‘My Lord, how can I have a son when no man has been with me?’ He said: ‘It is thus that God creates what He wills, when He decrees a command, He merely says to it ‘Be,’ and it is.’” (Qur’an 3:45-47) Te Spirits and the Angels Come Down Tc Night ol Ðccrcc is uniquc in that thc Angcls and thc Spirit arc said to comc down to carry out thc commands ol thc Lord: “Te angels and the Spirit come down in it with the permission of their Lord to carry out every matter.” (Qur’an 97:4) Vith rcgards to Jcsus, this cvcnt took placc on thc cvc ol his conccption, thus making thc Night ol Ðccrcc occur 9 months prior to his birth (i.c. around Ðcccmbcr). Night ol Ðccrcc - Spirit ÷ Angcls Conccption ol Jcsus - Spirit ÷ Angcls Night ol Ðccrcc - Òn or about Ðcccmbcr Now that thc cvidcncc has bccn prcscntcd to gaugc thc Tnv N~:uv~i Rvvuniic 164 pcriod ol thc Night ol Ðccrcc, it is only rcasonablc to pursuc thc subjcct lurthcr and try to asccrtain “which night.” Troughout thc Qur’an wc arc told that God lavors thc night lor worship and lor His mcssagcs: • Tc Qur’an was scnt at night (44:3, 97:1), • Moscs saw thc firc on thc mount whcn God first spokc to him during thc night (27:7), • God commandcd Moscs to wait lor 40 nights (7:142), • Vorship is spokcn ol as occurring during thc night (39:9, 73:20), • God took thc Prophct on a spccial journcy at night (17:1), • Tc Qur’an is bcst studicd at night (17:79), • Zakariya was commandcd to last lrom spcaking lor thrcc nights (19:10). Sincc thc night is morc prccious than thc day, thcn it is only normal that wc look at thc days with thc “longcst” nights as bcing possiblc candidatcs sincc wc know that God in His mcrcy would want to givc humankind thc maximum bcncfit ol His blcssings and not anything lcsscr: “Say: ‘If you were the ones possessing the vaults of the mercy of my Lord, you would have held back for concern of spending. And the human being was always stingy!’” (Qur’an 17:100) !ntcrcstingly cnough, a littlc rcscarch rcvcals that thcrc is indccd onc day cvcry ycar which, according to astronomy, is uniquc in bcing thc day with thc longest night. Morc intcrcstingly, wc find that this day occurs in nonc othcr than thc month ol Ðcccmbcr ol cach ycar. 165 Tnv N~:uv~i Rvvuniic Tc Vintcr Solsticc, also known as Midwintcr, occurs around Ðcccmbcr 21 or 22 cach ycar in thc Northcrn hcmisphcrc. !t occurs on thc longcst night ol thc ycar, somctimcs said to mark thc bcginning ol an astronomical wintcr lor a hcmisphcrc. http://cn.wikipcdia.org/wiki/Vintcr_solsticc Night of Decree = December 21st or 22nd each year Now that wc havc a markcr to bcgin thc ycar with, it is timc to look at thc othcr clcmcnts that togcthcr makc a working calcndar bascd on thc Qur’an. Te Lunar Month Sincc wc arc told that thc count ol thc ycar not only involvcs thc ‘sun’ but thc ‘moon’ also, thcn wc nccd to dctcrminc which phasc ol thc moon (dark moon, waxing crcsccnt, lull moon, waning crcsccnt) significs thc bcginning ol any givcn month. “And the moon We have measured it to appear in stages, until it returns like an old palm sheath. “ (Qur’an 36:39) Tnv N~:uv~i Rvvuniic 166 Tc Qur’an tclls us that thc moon gocs through its phascs until it rcturns to rcscmblc thc ‘old shcath’ ol a palm trcc a shapc that givcs a curvcd appcarancc to cithcr sidc. Tus, in dctcrmining thc start ol thc month, thc obvious answcr is that thc “crcsccnt,” which first appcars whcn a ncw moon is illuminatcd, is thc markcr which wc bcgin our count ol thc months with. “They ask you regarding the crescent moons, say: ‘ They are a timing mechanism for the people and the Pilgrimage.’ And piety is not that you would enter a home from its back, but piety is whoever is righteous and comes to the homes from their main doors. And be aware of God that you may succeed.” (Qur’an 2:189) Vhat lurthcr supports thc undcrstanding that thc “crcsccnt” was thc markcr which bcgan thc month is vcrsc 2:189 abovc, whcrc wc find thc pcoplc locusscd on undcrstanding thc importancc ol this moon phasc, whcrcby thcy ask thc Prophct, who in turn inlorms thcm 167 Tnv N~:uv~i Rvvuniic it is a ‘timing mcchanism’ as wcll as a ‘markcr’ lor thc pilgrimagc. Tcrclorc, thc months bcgin with thc crcsccnt moon. Te Four Restricted Months Tc othcr piccc ol inlormation wc arc givcn to incorporatc into a calcndar arc thc ‘lour rcstrictcd months’ in which hunting ol all wild gamc is lorbiddcn (with thc cxccption ol any catch lrom thc sca). “Te count of the months with God is twelve months in the book of God the day He created the heavens and the earth; four of them are restricted. Tis is the correct system; so do not wrong yourselves in them; and fight the polytheists collectively as they fight you collectively. And know that God is with the righ- teous.” (Qur’an 9:36) “O you who believe, honor your contracts. Made lawful for you are all the animals of the livestock, except that which is being recited to you. You are not permitted to Tnv N~:uv~i Rvvuniic 168 hunt the game while you are under restriction. God decrees as He pleases.” (Qur’an 5:1) “Lawful for you is the catch of the sea, to eat it as enjoyment for you and for those who travel; and unlawful for you is the catch of the land as long as you are under restriction; and be aware of God to whom you will be gathered.” (Qur’an 5:96) Furthcr study rcvcals that thcsc lour months arc scqucntial in naturc, and that thcy takc placc during thc wintcr scason(s) as cvidcnccd by vcrsc 9:15 bclow whcrcby God givcs an ultimatum during thc ‘rcstrictcd months’ to thc polythcists which cxpircd with thc onsct ol thc summcr hcat: “A revocation is made by God and His messenger to those with whom you have made a pledge from among the polytheists. ‘ Terefore, roam the land for four months and know that you will not escape God, and that God will humiliate the rejecters.’ And a proclamation from God and His messenger to the people on the day of the greater Pilgrimage: “Tat God and His messenger are innocent from the polytheists.” If you repent, then it is better for you, and if you turn away, then know that you will not escape God. And give news to those who have rejected of a painful retribution. Except for those with whom you had made a pledge from among the polytheists if they did not reduce anything from it nor did they plan to attack you; you shall continue the pledge with them until its expiry. God loves the righteous. So when the restricted months have passed, then you may kill the polytheists wherever you find them, and take them, and surround them, and stand against them at every point. If they repent, and they hold the contact prayer, 169 Tnv N~:uv~i Rvvuniic and they contribute towards purification, then you shall leave them alone. God is Forgiving, Merciful.” (Qur’an 9:1-5) “Tose who have remained are happy with their position of lagging behind the messenger of God, and they disliked striving with their money and lives in the cause of God; and they say: ‘Do not mobilize in the heat.’ Say: ‘ Te fire of Hell is much hotter,’ if they could only understand.” (Qur’an 9:81) As wc havc alrcady cstablishcd that Ramadhan takcs placc around thc samc pcriod that thc ultimatum was issucd(wintcr solsticc), thcn it would logically lollow that thc month ol Ramadhan is thc markcr lor thc first ol thcsc ‘rcstrictcd months,’ and that thc rcmaining thrcc months (which arc also rcstrictcd) arc thc months ol Pilgrimagc mcntioncd in 2:197 and 9:15. Rcstrictcd Month1 - Ramadhan Rcstrictcd Month2 - Pilgrimagc Rcstrictcd Month3 - Pilgrimagc Rcstrictcd Month4 - Pilgrimagc Te 13th month? Vhilc having a lunisolar ycar is cxtrcmcly accuratc whcn it comcs to aligning thc ycar with thc scasons, planning lor crops and harvcsts, and in knowing thc natural cyclc ol wildlilc, thcrc is onc issuc that nccds to bc addrcsscd which is thc ‘13th month’ (intcrcalary month) that must occur in somc solar ycars duc to thc lcngth ol a lunar month bcing on avcragc 29.54 days and thus not fitting pcrlcctly in a 365 day ycar. Tc Scripturc tclls us that prcvious gcncrations manipulatcd thc thirtccnth month by inscrting it in onc Tnv N~:uv~i Rvvuniic 170 ycar and rcmoving it lrom thc ncxt so as to circumvcnt thc hunting rcstrictions placcd by God: “Know that the use of the additional month causes an increase in rejection, for it is used by those who have rejected that they may misguide with it by making it lawful one year, and unlawful one year, so as to circumvent the count of what God has made restricted; thus they make lawful what God has made unlawful. Teir evil works have been adorned for them, and God does not guide the rejecting people.” (Qur’an 9:37) Tc corrcct approach with rcgards to thc intcrcalary month is to apply it at thc cnd ol thc ycar whcrc, altcr thc count ol twclvc months/moons, thc ncw lull moon would lall 30days short ol thc Night ol Ðccrcc. Such application givcs us a total ol scvcn intcrcalary months inscrtcd in cvcry ninctccn ycar cyclc. Conclusion Tc calcndar ol God is onc that cxists in naturc and which utilizcs thc cntitics ol sun, moon and star to makc a pcrlcct timing mcchanism that is inlinc with naturc and inharmony with our movcmcnts through thc univcrsc. Summary: • Tc ycar according to thc Scripturc is 365 days (12:47, 17:12), • Tc calcndar systcm lor thc ycar is lunisolar (17:12, 10:5), • Tc most spccial cvcnt that occurs during thc ycar is thc Night ol Ðccrcc (97:4) which occurs on thc wintcr solsticc. • Tc count ol thc months bcgins with thc crcsccnt moon (2:189, 36:39), 171 Tnv N~:uv~i Rvvuniic • Tc month ol thc wintcr solsticc is known as thc month ol ‘Ramadhan’ (2:185), • Tc month ol Ramadhan is thc first ol thc ‘rcstrictcd months’ during which thc hunting ol gamc is lorbiddcn, whilc domcstic animals and thc catch ol thc sca arc lawlul (9:25, 2:217, 5:1, 5:96), • Tc thrcc months that lollow thc month ol Ramadhan arc thc months ol ‘Pilgrimagc’ and arc similarly ‘rcstrictcd months’ during which thc hunting ol gamc is lorbiddcn, • Altcr a count ol 12 lunar months, il a 13th lull moon appcars a lull 30 days bclorc thc ncxt wintcr solsticc, thcn such a month is to bc countcd as ‘month zcro’ or ‘month thirtccn.’ Sample Calendar (2011-2017)* *Plcasc notc, thc bclow datcs arc bascd on astronomical calculation. Tc “ncw moon,” which is markcd by thc first appcarancc ol thc crcs ccnt, would appcar around 12 days altcr thcsc datcs. Gregorian Date Muslim Calendar Type of Month Novcmbcr 25th, 2011 1st Month Ramadhan Ðcccmbcr 24th, 2011 2nd Month Pilgrimagc January 23rd, 2012 3rd Month Pilgrimagc Fcbruary 21st, 2012 4th Month Pilgrimagc March 22nd, 2012 5th Month Normal April 21st, 2012 6th Month Normal May 20th, 2012 7th Month Normal Junc 19th, 2012 8th Month Normal July 19th, 2012 9th Month Normal August 17th, 2012 10th Month Normal Scptcmbcr 16th, 2012 11th Month Normal Òctobcr 15th, 2012 12th Month Normal Novcmbcr 13th, 2012 13th Month Normal Tnv N~:uv~i Rvvuniic 172 Ðcccmbcr 13th, 2012 1st Month Ramadhan January 11th, 2013 2nd Month Pilgrimagc Fcbruary 10th, 2013 3rd Month Pilgrimagc March 11th, 2013 4th Month Pilgrimagc April 10th, 2013 5th Month Normal May 10th, 2013 6th Month Normal Junc 8th, 2013 7th Month Normal July 8th, 2013 8th Month Normal August 6th, 2013 9th Month Normal Scptcmbcr 5th, 2013 10th Month Normal Òctobcr 5th, 2013 11th Month Normal Novcmbcr 3rd, 2013 12th Month Normal Ðcccmbcr 3rd, 2013 1st Month Ramadhan January 1st, 2014 2nd Month Pilgrimagc January 30th, 2014 3rd Month Pilgrimagc March 1st, 2014 4th Month Pilgrimagc March 30th, 2014 5th Month Normal April 29th, 2014 6th Month Normal May 28th, 2014 7th Month Normal Junc 27th, 2014 8th Month Normal July 26th, 2014 9th Month Normal August 25th, 2014 10th Month Normal Scptcmbcr 24th, 2014 11th Month Normal Òctobcr 23rd, 2014 12th Month Normal Novcmbcr 22nd, 2014 1st Month Ramadhan Ðcccmbcr 22nd, 2014 2nd Month Pilgrimagc January 20th, 2015 3rd Month Pilgrimagc Fcbruary 18th, 2015 4th Month Pilgrimagc March 20th, 2015 5th Month Normal April 18th, 2015 6th Month Normal May 18th, 2015 7th Month Normal Junc 16th, 2015 8th Month Normal July 16th, 2015 9th Month Normal August 14th, 2015 10th Month Normal 173 Tnv N~:uv~i Rvvuniic Scptcmbcr 13th, 2015 11th Month Normal Òctobcr 13th, 2015 12th Month Normal Novcmbcr 11th, 2015 13th Month Normal Ðcccmbcr 11th, 2015 1st Month Ramadhan January 10th, 2016 2nd Month Pilgrimagc Fcbruary 8th, 2016 3rd Month Pilgrimagc March 9th, 2016 4th Month Pilgrimagc April 7th, 2016 5th Month Normal May 6th, 2016 6th Month Normal Junc 5th, 2016 7th Month Normal July 4th, 2016 8th Month Normal August 2nd, 2016 9th Month Normal Scptcmbcr 1st, 2016 10th Month Normal Òctobcr 1st, 2016 11th Month Normal Òctobcr 30th, 2016 12th Month Normal Novcmbcr 29th, 2016 1st Month Ramadhan Ðcccmbcr 29th, 2016 2nd Month Pilgrimagc January 28th, 2017 3rd Month Pilgrimagc Fcbruary 26th, 2017 4th Month Pilgrimagc March 28th, 2017 5th Month Normal Futurc datcs lor thc ncw moon may bc obtaincd lrom thc lollowing sourcc: http://www.usno.navy.mil/USNÒ/astronomical applications/datascrviccs/phascsmoon 174 14 A New Beginning Tc historic progrcssion !slam has gonc through sincc thc Scripturc was dclivcrcd by thc Prophct Mohammcd with rcgards to govcrnmcnt has bccn to movc lrom a council typc govcrnmcnt lormcd undcr thc Prophct (Shoura) to a myriad ol diffcrcnt systcms ol govcrnmcnts with Kings, Sultans, Prcsidcnts, and Shcikhs appcaring all across thc lormcr !slamic world. Vhilc all thcsc oncman dictators arc still with us today, thc masscs arc convinccd that a rcturn to thc “Khilala” (Suprcmc !slamic Lcadcr) is thc solution to thcir ills 175 Tnv N~:uv~i Rvvuniic and dyslunctional govcrnmcnts. Òl coursc, thc Khilala is nothing but a oncman govcrnmcnt (onc pcrson with all powcrs vcstcd in him), so thcy would not rcally bc making much diffcrcncc lrom whcrc thcy arc today! Vhcn studying thc Qur’an, wc find two lorms ol govcrnmcnt highlightcd: 1. Kings appointcd by God to rulc with His laws (c.g. Ðavid, Solomon, Saul 38:1720, 2:102, 2:247), 2. Modcl govcrnmcnts built on consultation (c.g. Shcba, Prophct Mohammcd 27:32, 3:159). A monarch appointcd by God has not bccn in cffcct lor many ccnturics and will thcrclorc not bc discusscd lor thc purposc ol this chaptcr, cxccpt to say that a monarchy cstablishcd by mcn has bccn condcmncd in thc Qur’an (27:34, 18:79, 43:51). Howcvcr, a govcrnmcnt built on consultation is givcn with livc cxamplcs and it will bc such that wc usc to basc our loundation upon. Tc structurc ol govcrnmcnt within thc Scripturc givcs way to a rcpublic that has bccn dcsigncd to cnsurc protcction ol its citizcns’ rights as wcll as to crcatc a vibrant and dynamic govcrnmcnt to managc thc nccds and aspirations ol its citizcns. Tc structurc is dcsigncd to crcatc chccks and balanccs whcrcby no onc branch ol govcrnmcnt or onc pcrson may control thc cntirc govcrnmcnt. Tis chaptcr will dcal with thc crcation ol such a govcrnmcnt, to thc point ol having a writtcn constitution availablc lor implcmcntation. Proposed Constitution Tc constitution proposcd in this scction, and which would bc rcady lor implcmcntation in any populatcd arca or rcgion, rcprcscnts thc corc valucs and attributcs ol thc Scripturc in justicc, cquality, rcprcscntation, transparcncy, and lrccdoms. Tnv N~:uv~i Rvvuniic 176 Te Natural Republic Constitution Vc, thc pcoplc ol |inscrt namc ol country/provincc|, hcrcby dccrcc our acccptancc to thc cstablishmcnt ol this constitution in ordcr to promotc justicc, lairncss, cquality, lrccdom, and thc pursuit ol sccurity and happincss lor all. 6
ARTICLE I Tis constitution, and its subscqucnt laws, shall ovcrridc and supcrscdc any cxisting constitutions, trcatics, agrcc mcnts, lcgislations and/or laws. Tis constitution shall takc cffcct in all provinccs and gcographic arcas currcntly known as |inscrt namc ol country/provincc| which has bccn dcfincd by mutually agrccd bordcrs. Citizcns arc dccmcd as thosc pcrsons who lcgally carry thc |inscrt namc ol country/provincc| nationality at thc timc ol implcmcnting this constitution. All adult citizcns ol thc rcpublic arc rcquircd to givc an oath ol allcgiancc to uphold and dclcnd this constitution at all timcs . 7 Tc Qur’an shall bc thc basis lor this constitution and shall bc thc sourcc lor all thc lcgislation and laws ol thc rcpublic. 8
|inscrt namc ol capital city| shall bc dcsignatcd as thc pcrmancnt capital lor thc rcpublic. |inscrt languagc(s)| shall bc thc offi cial languagc(s) ol thc rcpublic. ARTICLE II Tc lrccdoms and rights grantcd in this articlc arc availablc to cvcry adult pcrson in thc rcpublic, rcgardlcss 6 Qur’an 16:9091 7 Qur’an 48:10 8 Qur’an 17:9, 5:48 177 Tnv N~:uv~i Rvvuniic ol gcndcr, racc, nationality, color, or crccd. Such lrccdoms and rights may not bc suspcndcd, dilutcd, or obstructcd. Freedom of Speech All pcrsons havc thc right ol lrcc spccch, lrccdom ol thc mcdia, thc right to asscmblc, and thc right to protcst pcacclully. 9 Freedom of Faith All pcrsons havc thc right to bclicvc in any laith or rcligion thcy may scc fit. Tc lrccdom ol laith includcs thc cstablishmcnt ol tcmplcs, mosqucs, synagogucs, churchcs, and any othcr constructs uscd lor such purposc. 10 Freedom of Movement All pcrsons may travcl lrccly throughout thc public lands ol thc rcpublic, cxit and/or cntcr its bordcrs, in a lcgal manncr, with no hindrancc or dclay. Such right cxtcnds to includc thc movcmcnt ol goods. 11 Right to Privacy All pcrsons havc thc right to privacy against spying, cavcsdropping, trcspassing, cntcring homcs without thc pcrmission ol thc owncr, obtaining, and/or sharing privatc inlormation. 12 Right to Possess Wealth All pcrsons havc thc right to scck to posscss wcalth, and/ or asscts, and/or to cngagc in tradc, industry, commcrcc and/or any othcr lcgally sanctioncd activitics. 13 9 Qur’an 71:59 10 Qur’an 10:99, 18:29, 88:2122 11 Qur’an 29:56 12 Qur’an 24:2729, 49:12 13 Qur’an 3:14 Tnv N~:uv~i Rvvuniic 178 Right to Welfare All pcrsons havc thc right to bc grantcd sccurity, cducation, and cqual cmploymcnt opportunitics within thc ability ol thc rcpublic. 14 Right against Discrimination All pcrsons arc to bc grantcd cqual rights and opportunitics irrcspcctivc ol racc, gcndcr, color, laith, and any othcr discrimination. 15
Right to Seek Justice All pcrsons and/or lcgal cntitics havc thc right to dcmand justicc against any wrongdoing or crimc that bclalls thcm without obstruction or unduc dclay. 16 ARTICLE III Tc lcgislativc powcrs ol thc rcpublic shall bc vcstcd in an clcctcd national council that shall bc rcprcscntativc ol thc pcoplc and which shall conduct its busincss through thc proccss ol opcn discussion and consultation in all mattcrs. 17
¡lcctions will bc bascd on districts, whcrcby cach district is dcfincd as an indcpcndcnt arca with a minimum citizcn population ol onc pcrccnt ol thc total population ol thc rcpublic. Arcas that havc populations bclow onc pcrccnt shall havc thcir numbcr addcd to thc ncarcst gcographic arca until that numbcr rcachcs or cxcccds onc pcrccnt. Scats lor thc national council will bc allottcd on thc basis ol a minimum ol onc scat lor cvcry district, with districts having populations in multiplcs ol onc pcrccnt bcing 14 Qur’an 30:38, 59:7 15 Qur’an 49:13 16 Qur’an 4:148, 42:39 17 Qur’an 42:38 179 Tnv N~:uv~i Rvvuniic allottcd onc cxtra scat lor cach multiplc. Pcrsons cligiblc lor thc national council must bc citizcns, malc or lcmalc, lorty ycars ol agc or oldcr, ol sound mind and charactcr and must bc rcsidcnts ol thc district thcy arc clcctcd lrom. 18
¡ligiblc votcrs shall bc as thosc malc and lcmalc citizcns who havc rcachcd thc agc ol cightccn or oldcr, and who arc prcscnt within thc bordcrs ol thc rcpublic at thc timc ol voting. Scats to thc national council will bc grantcd to thosc nominccs who achicvc a majority votc lrom thc district whcrc thcy rcsidc. \otcs in singlc mcmbcr districts will bc madc on thc basis ol altcrnativc voting, whilc votcs in multiplc mcmbcr districts will bc madc on thc basis ol singlc translcrablc voting. National council mcmbcrs, unlcss rcclcctcd, shall scrvc onc tcrm ol fivc ycars bcginning on thc first day ol thc first month ol thc ncw ycar. ¡lcctions shall bc concludcd 90days prior to thc cnd ol thc cxisting national council mcmbcrs’ tcrm ol offi cc to cnsurc a smooth transition and handovcr ol dutics and rcsponsibilitics. !n cascs ol dcath or rcsignation, a ncw national council mcmbcr shall bc clcctcd lrom thc samc district to scrvc thc rcmaining tcrm ol thc dcpartcd national council mcmbcr. ¡ach national council mcmbcr carrics onc votc with thc council dccisions bccoming law bascd on a two thirds (2/3) or morc votc on thc issuc(s). Tc national council is grantcd thc lollowing powcrs: • Tc powcr to makc, rcvicw, amcnd, and rcpcal laws in accordancc with thc principlcs ol justicc. 19 • Tc powcr to makc policics and stratcgics ncccssary to cnsurc thc smooth lunctioning ol 18 Qur’an 46:15, 49:13 19 Qur’an 4:58 Tnv N~:uv~i Rvvuniic 180 thc rcpublic. 20 • Thc powcr to appoint and/or rcncw a prcsidcnt and his/hcr ministcrs lor a tcrm totaling livc ycars. 21
• Tc powcr to prcmaturcly cnd thc tcrm ol thc prcsidcnt or any ol his/hcr ministcrs. 22 • Thc powcr to rcgulatc ncw citizcnship rcquircmcnts. 23 • Tc powcr to appropriatc paymcnt and compcnsation schcmcs lor all lcvcls ol govcrnmcnt, including thc national council. 24
• Tc powcr to stipulatc taxation lor individuals and corporations, on condition that such taxation docs not cxcccd 20 pcrccnt. 25
• Tc powcr to cstablish thc bcnchmark lor wcights, mcasurcs, timc kccping, and minimum wagcs within thc rcpublic. 26
• Tc powcr to coin moncy as lcgal tcndcr, only il such moncy is coincd in gold or silvcr or backcd by gold or silvcr. 27
• Tc powcr to lcnd and/or borrow moncy, intcrcst lrcc, on bchall ol thc rcpublic. 28 • Tc powcr to lcasc public lands lor thc purposc 20 Qur’an 12:4749 21 Qur’an 4:59 22 Qur’an 58:11 23 Qur’an 60:10 24 Qur’an 28:27 25 Qur’an 8:41 26 Qur’an 6:152, 7:85 27 Qur’an 9:34 28 Qur’an 2:275, 2:282 181 Tnv N~:uv~i Rvvuniic ol dcvclopmcnt and bcttcrmcnt. 29 • Tc powcr to prcscrvc and protcct wildlilc and thc natural ccological balancc. 30 • Tc powcr to allocatc lunds and approvc budgcts lor all govcrnmcnt agcncics. 31 • Tc powcr to call lor audits on any branch/ dcpartmcnt/agcncy ol govcrnmcnt. 32 • Tc powcr to initiatc, locally and/or abroad, lcgal procccdings and/or claims on bchall ol thc rcpublic. 33 • Thc powcr to cntcr into trcatics and/or agrccmcnts with lorcign nations/pcoplcs. 34 • Tc powcr to cstablish a military lor land, sca, and air. 35
• Tc powcr to cstablish a sccurity lorcc lor thc protcction ol pcoplc and thcir rights within thc rcpublic. 36 • Tc powcr to mcdiatc, through pcacclul mcans, an cnd to armcd conflict in/or bctwccn lorcign nations. 37
• Tc powcr to aid and/or assist opprcsscd pcoplc in lorcign nations, by granting thcm asylum and/or ncgotiating on thcir bchall, on condition 29 Qur’an 7:74 30 Qur’an 5:12, 30:41 31 Qur’an 17:2729 32 Qur’an 17:36 33 Qur’an 42:39 34 Qur’an 8:72 35 Qur’an 8:60 36 Qur’an 22:41 37 Qur’an 49:910 Tnv N~:uv~i Rvvuniic 182 that thcy havc rcqucstcd such hclp. 38
• Tc powcr to providc humanitarian aid and/or assistancc lor crisis rclicl ol any lorcign nation and/or pcoplc in nccd. 39
• Tc powcr to dcclarc war and appropriatc a war cabinct il thc rcpublic is undcr physical attack, and/or cconomic attack, and/or il its sccurity and/or citizcns arc undcr an immincnt and rccognizablc thrcat ol attack. 40
• Tc powcr to call lor a public dralt in dclcnsc ol thc rcpublic and its lands il thc rcpublic is attackcd or undcr an immincnt and rccognizablc thrcat ol attack. 41
Tc national council shall clcct a spcakcr lrom amongst thc national council mcmbcrs to rcgulatc thc procccdings ol its asscmblics. Tc national council shall asscmblc, at a minimum, cvcry nincty days, lor a lcngth ol thrcc days to discuss lcgislation and/or appropriation and/or any mattcrs that conccrn thc wcll bcing ol thc rcpublic and its citizcns. Tc national council may votc to shortcn or cxtcnd thc lcngth ol such asscmbly bascd on rcquircmcnts. Tc national council may also bc callcd lor asscmbly at any othcr timc during thc ycar at thc rcqucst, submittcd to thc spcakcr, ol at lcast onc third ol thc total national council mcmbcrs. Such announccmcnt lor asscmbly must bc broadcast publicly and clcarly, as wcll as thc rcquircmcnts that thc rcqucst bc madc in writing to all national council mcmbcrs. 38 Qur’an 4:75, 8:72 39 Qur’an 2:177 40 Qur’an 2:190193 41 Qur’an 8:65, 9:41 183 Tnv N~:uv~i Rvvuniic Ðuring timcs ol war and/or dangcr, thc national council may bc cxcludcd lrom physical asscmbly and dccisions may bc conductcd by way ol obtaining signaturcs lrom thc rcspcctivc council mcmbcrs to mcct thc twothird or morc rcquircd votcs. ARTICLE IV Tc cxccutivc powcrs ol thc rcpublic shall bc vcstcd in a prcsidcnt who shall bc appointcd by thc national council. 42 Tc prcsidcnt shall bc rcsponsiblc lor thc sclcction ol his/hcr cabinct ol ministcrs to bc prcscntcd lor approval by thc national council. Tc prcsidcnt shall bc rcsponsiblc lor carrying out thc approvcd policics and stratcgics ol thc national council. Tc prcsidcnt shall bc rcsponsiblc lor thc administration and managcmcnt ol all branchcs ol govcrnmcnt in thc rcpublic, sctting rulcs and rcgulations ncccssary to cnsurc thc smooth lunctioning ol such branchcs, and budgct prcparation. Tc prcsidcnt shall bc rcsponsiblc lor thc planning, budgcting, and cxccution ol all public projccts including: lactorics, larms, roads, powcr, cxploration, mining, drilling, rcfincmcnt, watcr trcatmcnt, transportation, mail dclivcry, scwagc trcatmcnt, public offi ccs/buildings, librarics, schools, hospitals, social scrviccs, and any othcr construct or activity rcquircd lor thc scrvicc ol thc public or thc bcttcrmcnt ol lilc lor pcoplc undcr thc rcpublic. Tc prcsidcnt shall bc rcsponsiblc lor thc rcgulation ol all privatc scctor activitics/projccts including: manulacturing, mining, cncrgy, agriculturc, tradc, scrviccs, construction, transport, travcl, cducation, mcdical, tcchnology, charitics, and any othcr activity or construct that is rcqucstcd by pcoplc in thc rcpublic. Tc prcsidcnt shall rcprcscnt thc rcpublic bclorc lorcign 42 Qur’an 27:32 Tnv N~:uv~i Rvvuniic 184 dignitarics/nations and may cngagc in ncgotiations/ discussions, which arc not binding cxccpt with thc ratification ol thc national council, rcgarding all mattcrs that conccrn thc rcpublic. Tc prcsidcnt shall prcscnt a dctailcd rcport ol his/ hcr activitics prior to cvcry schcdulcd national council asscmbly. Tc prcsidcnt will also makc himscll/hcrscll prcscnt at thc schcdulcd national council asscmbly or at thc rcqucst ol thc council spcakcr lor nonschcdulcd scssions in ordcr to givc a bricfing on thc statc ol thc rcpublic as wcll as answcring any qucstions/clarifications rcquircd by thc council mcmbcrs. ARTICLE V Tc judicial powcrs ol thc rcpublic shall bc vcstcd in an indcpcndcnt high court and its subscqucnt lowcr courts that shall judgc according to thc laws as placcd by thc national council. 43 Tc high court shall comprisc ol twclvc justiccs who shall bc appointcd by thc national council and who shall hold offi cc as long as thcy maintain intcgrity, propcr conduct, and adhcrcncc to thc laws ol thc constitution. Tc high court shall havc thc rcsponsibility ol appointing court judgcs, prcsiding ovcr cascs ol trcason, and prcsiding ovcr lcgal procccdings and/or impcachmcnt chargcs madc against thc prcsidcnt, cabinct ministcrs, and/or any national council mcmbcr(s). Tc high court will also havc thc final say in appcal mattcrs ovcr lowcr courts. Tc dccisions ol thc high court arc binding bascd on a two thirds or morc votc. 44 ARTICLE VI All pcrsons bcing accuscd ol a spccific crimc, which 43 Qur’an 4:58 44 Qur’an 42:38 185 Tnv N~:uv~i Rvvuniic must bc supportcd by a court warrant, will havc thcir constitutional rights as outlincd in ~v:iciv ii tcmporarily suspcndcd and rcplaccd with thc lollowing rights: Right to Presumption of Innocence All pcrsons accuscd arc considcrcd innoccnt until provcn guilty. Tc burdcn ol prool lalls upon thc accuscr. No dctaincc may bc hcld lor longcr than 24 hours unlcss a court ordcr lor lurthcr dctainmcnt is obtaincd bascd on thc asscssmcnt ol crcdiblc cvidcncc rclatcd to thc chargcs brought lorth. No dctaincc may bc subjcctcd to physical or psychological torturc, and/or humiliation, and/or lorccd conlcssion, and/or any othcr lorm ol physical or psychological harm or abusc. !l thc court finds thc accuscd innoccnt ol thc chargcs put lorth, thcn no lurthcr lcgal procccdings or accusations on thc samc casc may bc prcscntcd. 45
Right to a Fair and Speedy Trial All pcrsons accuscd ol a crimc havc thc right to a lair trial that shall bc lrcc ol prcjudicc, influcncc, or any cxtcrnal lactors that may causc injusticc to occur. Tc accuscd also has thc right to bc tricd quickly without unduc dclay. 46 Right to an Attorney All pcrsons accuscd ol a crimc shall havc thc right to bc rcprcscntcd through a spccializcd attorncy il thcy should so chosc. !l an attorncy cannot bc arrangcd or affordcd by thc accuscd, thcn it is thc rcsponsibility ol thc rcpublic to providc an attorncy with no cxpcnscs to thc accuscd. 47
45 Qur’an 10:68, 24:11, 49:12 46 Qur’an 4:58 47 Qur’an 26:1214 Tnv N~:uv~i Rvvuniic 186 Punishment does not exceed the Crime Committed Tc court is rcsponsiblc lor cnsuring that all punishmcnts and rulings dccrccd by its judgcs arc lcss than or cqual to thc naturc ol thc crimc committcd. Tcrclorc, cxccssivc bail shall not bc rcquircd, nor cxccssivc fincs imposcd, nor crucl and unrcasonablc punishmcnts inflictcd. 48
Right of Confrontation Any pcrson bcing accuscd has thc right to lacc his/hcr accuscrs. 49 Right to Appeal All pcrsons havc thc right to appcal a ruling that is lound to bc against thcm by rcqucsting that a ncw trial bc sct with a dillcrcnt judgc prcsiding. An appcal may only bc carricd out onc timc, unlcss it can bc provcn through crcdiblc cvidcncc that both trials did not display lairncss or a lull analysis ol lacts, in which casc thc high court will prcsidc ovcr thc mattcr, and thcir judgmcnt supcrscdcs all othcr judgmcnts and shall bc linal. 50
ARTICLE VII Govcrnmcnt shall bc lundcd through thc rcvcnuc gcncratcd lrom thc lcgal salc ol thc natural public rcsourccs, as wcll as thc rcvcnuc gcncratcd by govcrnmcnt through scrviccs and/or taxation. ARTICLE VIII All branchcs ol thc govcrnmcnt ol thc rcpublic shall opcratc in complctc transparcncy and opcnncss. Rccords must bc madc public, and mcctings ol thc national council 48 Qur’an 16:126 49 Qur’an 49:12 50 Qur’an 21:7879 187 Tnv N~:uv~i Rvvuniic shall bc dclibcratcd to an opcn audicncc, and/or through a tclcviscd scrccning. 51
Tc only cxccption to this transparcncy rcquircmcnt shall bc mattcrs that arc dccmcd thrcatcning to thc sccurity ol thc rcpublic and/or thc gcncral wcllbcing ol its citizcns, and, in such cascs, thc rccords ol dclibcrations ol thc kind may bc conccalcd lrom thc public lor a maximum pcriod ol onc ycar, to bc cxtcndcd only with thc approval ol thc high court, lor a maximum pcriod not cxcccding tcn ycars. 52
ARTICLE IX Govcrnmcnt offi cials, govcrnmcnt cmployccs and clcctcd national council mcmbcrs, shall not hold any othcr position or titlc whilc scrving in govcrnmcnt or on thc national council. All govcrnmcnt offi cials, govcrnmcnt cmployccs, and clcctcd national council mcmbcrs shall bc obligatcd to takc thc oath ol thc rcpublic bclorc commcncing thcir dutics: Òath ol thc rcpublic: “! |namc ol pcrson to bc placcd hcrc| solcmnly swcar bclorc God and bclorc thc witncss ol thc citizcns ol this rcpublic to uphold thc rolc ol |position to bc placcd hcrc| to thc bcst ol my abilitics to protcct thc intcgrity ol thc constitution and thc rcpublic. ! swcar to livc my lilc according to thc laws and rcgulations ol thc rcpublic and to uphold thc highcst moral charactcr. ! swcar to work in thc bcst intcrcst ol thc rcpublic and to constantly strivc to improvc lilc lor its citizcns. ! swcar ncvcr to abusc my position or authority in any way, shapc or lorm lor pcrsonal gain. ! swcar ncvcr to carry lavor to any pcrson or group or cntity bcyond what is lair and just. ! swcar to stand lor and to promotc thc 51 Qur’an 58:910 52 Qur’an 58:9 Tnv N~:uv~i Rvvuniic 188 laws ol pcacc and justicc and cquality whcrcvcr ! may bc. ! havc placcd God as a witncss ovcr this oath ol minc, may Hc havc mcrcy on my soul and guidc mc to always do what is right.” 53 Tc brcaking ol such oath shall bc thc basis lor lcgal procccdings and/or impcachmcnt. ARTICLE X Vith thc cxccption ol dcclarations ol war madc by thc national council, no branch ol govcrnmcnt, or pcrson lrom within rcpublic, may dircctly or indircctly financc, sponsor, or cngagc in, thc dcstabilization or undcrmining ol any country or nation by way ol dcsign and/or by way ol covcrt or othcrwisc armcd opcrations. 54
ARTICLE XI Govcrnmcnt shall cncouragc and support thc pursuit ol crcativity, arts, scicnccs, cxploration, and tcchnical innovation within thc rcpublic. 55
Govcrnmcnt shall also cnsurc that intcllcctual rights bc protcctcd lrom inlringcmcnt and unauthorizcd duplication. 56
ARTICLE XII Amcndmcnts towards thc bcttcrmcnt ol this constitution may bc madc bascd on a 5/6 votc ol thc national council and a unanimous cndorscmcnt lrom thc high court justiccs as to thc lcgality ol thc amcndmcnt in vicw ol thc cxisting articlcs ol constitution. All amcndmcnts must bc listcd as such and not inscrtcd into thc original tcxt ol this constitution. 57 In God we have placed our trust… 53 Qur’an 48:10 54 Qur’an 2:1112, 2:204205, 38:28 55 Qur’an 27:40, 34:13, 55:33 56 Qur’an 3:188 57 Qur’an 11:88 189 Tnv N~:uv~i Rvvuniic Highlights and Benefits As sccn in thc prcvious chaptcrs ol this book, dctails havc bccn givcn to thc rcadcr on thc shapc ol thc laws that would govcrn a rcpublic bascd on thc Qur’an, as wcll as how to dcal with spccific laws and cvcryday issucs. 8clow is a bricl analysis ol somc ol thc points madc in thc constitution: Offering a “Clean Break” from the Past Point 1 ol Av:iciv i ol thc constitution rcads: “Tis constitution, and its subscqucnt laws, shall ovcrridc and supcrscdc any cxisting constitutions, trcatics, agrccmcnts, lcgislations and/or laws.” Tis is dcsigncd to cnablc pcoplc/nations coming undcr thc constitution to stand on thcir own two lcct, lrcc lrom thc burdcns and obligations and lavors that thcir old rcgimcs may havc sccn fit to cntcr into. Tc pcoplc ol thc currcnt !slamic world havc not bccn ablc lor somc Tnv N~:uv~i Rvvuniic 190 timc to participatc in thc shaping ol thcir govcrnmcnt, or in thc dccisions that thcir govcrnmcnt makcs on thcir bchall and in thcir namc (dcbts, conccssions, oil and basing rights, ctc.) and thcrclorc it is only out ol lairncss that a ncw govcrnmcnt would havc a lrcsh start lrom thc burdcns ol thc past. Having One Source for Laws and Legislations Point 4 ol Av:iciv i ol thc constitution rcads: “Tc Qur’an shall bc thc basis lor this constitution and shall bc thc sourcc lor all thc lcgislation and laws ol thc rcpublic.” Although this may appcar to bc crcating a ‘thcocracy,’ thc truth is that thc Scripturc is a dctailcd and comprchcnsivc book ol law that can bc uscd thc samc way othcr nations would rcvcrt to 8ritish or !ntcrnational law. Tc bcncfits ol using this constitution whcrc thcrc is a majority Muslim population, othcr than its just laws, is that it ovcrcomcs scctarian disputcs or diffcring laws by thc Sunnis or Shia in basing all lcgislation back to onc singlc sourcc: thc Qur’an. All Civil Freedoms Protected and Preserved Points 18 ol Av:iciv ii ol thc constitution grants thc lollowing rights: • Frccdom ol Spccch • Frccdom ol Faith • Frccdom ol Movcmcnt • Right to Privacy • Right to Posscss Vcalth • Right to Vcllarc • Right against Ðiscrimination 191 Tnv N~:uv~i Rvvuniic • Right to Scck Justicc Tis is whcrc !slam has bccn misrcprcscntcd and misundcrstood by thc mcdia and cvcn by somc ol its lollowcrs. !slam both historically, and, according to thc laws ol thc Scripturc, is obligatcd to protcct and prcscrvc rights and lrccdoms ol othcrs, which includcs: lrccdom ol rcligion. A truc !slamic rcpublic is onc in which Muslims, Christians, Jcws and Athcists makc up its population and arc ablc to havc cqual rights and hold cqual positions in privatc busincss or in govcrnmcnt. Government of the People Av:iciv iii ol thc constitution dcals with thc lormation ol an clcctcd ‘national council’ which shall hold all major powcr lor thc rcpublic and which shall bc rcprcscntativc ol all citics/towns/pcoplc irrcspcctivc ol laith or cthnic background. Tc idca ol a national council is takcn lrom thc modc ol govcrnmcnt lound in thc Scripturc bascd on consultation (known as ‘shura’ in Arabic) as wcll as thc conccpt ol rcprcscntation in thc Scripturc lor largc groups ol pcoplc. Legislation Made Trough Consultation Point 1 ol thc powcrs grantcd to thc national council in Av:iciv iii rcads: “Tc powcr to makc, rcvicw, amcnd, and rcpcal laws in accordancc with thc principlcs ol justicc” All lcgislation madc by thc national council will bc subjcct to dcbatc and discussion until a 2/3 majority (that may includc pcoplc ol various laiths and bclicls) arc convinccd that such law is in linc with thc principlcs ol justicc. Tnv N~:uv~i Rvvuniic 192 Tax is capped at 20 Percent Point 7 ol thc powcrs grantcd in Av:iciv iii ol thc constitution rcads: “Tc powcr to stipulatc taxation lor individuals and corporations, on condition that such taxation docs not cxcccd 20 pcrccnt.” Vhilc many ol thc !slamic countrics today arc currcntly in posscssion ol vast oil wcalth, thcrc may bc no nccd lor any taxation laws (cxccpt lor goods and imports) lor somc ycars or dccadcs. Howcvcr, whcn thc govcrnmcnt docs dccidc to pass tax laws, thcrc is a cap ol 20 pcrccnt dcrivcd lrom thc rclcrcncc in thc Scripturc to all incomc. Tc word “ghana’im” as uscd in thc Scripturc rclcrs to any rcvcnuc gcncratcd, and not only that which is gaincd lrom wars as thc Sunnis claim (thc Sunni bclicl is that tax is only 2.5 pcrccnt as dcrivcd lrom thc Hadith books, whilc thc Shia havc corrcctly undcrstood thc 20 pcrccnt rcquircmcnt, howcvcr, thcy havc dccidcd to pay it to thcir rcligious lcadcrs rathcr than to thcir govcrnmcnt). Tc 20 pcrccnt tax limit makcs a world ol diffcrcncc whcn comparcd to govcrnmcnts who tax thcir populations or corporations somctimcs up to 50 pcrccnt. Protecting the Value of Money Point 9 ol thc powcrs grantcd in Av:iciv iii ol thc constitution rcads: “Tc powcr to coin moncy as lcgal tcndcr, only il such moncy is coincd in gold or silvcr or backcd by gold or silvcr.” Tc world has bccn accustomcd to using ‘fiat’ moncy lor thc past 34 dccadcs (that is moncy which is not backcd by anything tangiblc), howcvcr, thc Scripturc 193 Tnv N~:uv~i Rvvuniic stipulatcs that valuc must bc rctaincd at all timcs in moncy by having it backcd by gold and silvcr. Tis docs not mcan that pcoplc must oncc again start carrying gold or silvcr coins (though that is possiblc), but it docs mcan that thc papcr in your hand must havc rcal valuc by only allowing its issuancc il thc gold or silvcr that backs it cxists and can bc claimcd. Although this movc might appcar to bc cconomically rcgrcssing, thc pcoplc who havc undcrgonc wars or political uphcavals know that thc valuc ol moncy is illusionary whcn dcaling with fiat moncy, and that thc millions thcy oncc had in thc banks or which thcy hcld in cash (and could buy homcs or cars with) suddcnly could not afford to buy thcm a dinncr to lccd thcir lamily! Having moncy backcd by gold and silvcr is cthically, politically and cconomically thc soundcst lorm ol busincss and thc onc that protccts pcoplcs rights as wcll as dctcrs lrom inflation (inflation bcing primarily causcd by printing morc and morc fiat moncy). Interest Free Society Point 10 ol thc powcrs grantcd in Av:iciv iii ol thc constitution rcads: “Tc powcr to lcnd and/or borrow moncy, intcrcst lrcc, on bchall ol thc rcpublic.” !ntcrcst has bccn complctcly prohibitcd by thc Scripturc as it lalls into thc arca ol ‘dcccit’ and ol robbing thc pcoplc lrom thcir bclongings by way ol lalsc logic and trickcry. Vhilc intcrcst may appcar to makc scnsc (you arc lcnding out your moncy and dcscrvc somcthing in rcturn), it is a logical lallacy sincc thc intcrcst bcing rcpaid docs not cxist to bcgin with and thus can ncvcr bc rcpaid. Tnv N~:uv~i Rvvuniic 194 Wildlife Conservation Point 12 ol thc powcrs grantcd in Av:iciv iii ol thc constitution rcads: “Tc powcr to prcscrvc and protcct wildlilc and thc natural ccological balancc.” A tcnct ol thc Scripturc is that wc work with our cnvironmcnt so that it will continuc to support and providc lor us. A nation which docs not lorcc itscll to bc cnvironmcntally conscious is not only harming itscll, but is also harming its ncighbors and thc othcr inhabitants ol thc ¡arth who livc and brcath thc samc air and sit undcr thc samc sun and moon. Helping Other People/Nations Points 19, 20 and 21 ol thc powcrs grantcd in Av:iciv iii ol thc constitution rcad: “Tc powcr to mcdiatc, through pcacclul mcans, an cnd to armcd conflict in/or bctwccn lorcign nations. Tc powcr to aid and/or assist opprcsscd pcoplc in lorcign nations, by granting thcm asylum and/ or ncgotiating on thcir bchall, on condition that thcy havc rcqucstcd such hclp. Tc powcr to providc humanitarian aid and/or assistancc lor crisis rclicl ol any lorcign nation and/or pcoplc in nccd.” Tc Scripturc rcquircs thc rcpublic not to bc sclfish and inward, but also to turn outward to cnd disputcs, givc asylum and hclp to thc opprcsscd, and givc aid and humanitarian scrviccs to thosc in nccd. 195 Tnv N~:uv~i Rvvuniic War Only In Self Defense Point 22 ol thc powcrs grantcd in Av:iciv iii ol thc constitution rcads: “Tc powcr to dcclarc war and appropriatc a war cabinct il thc rcpublic is undcr physical attack, and/or cconomic attack, and/or il its sccurity and/or citizcns arc undcr an immincnt and rccognizablc thrcat ol attack.” No !slamic rcpublic can dcclarc war on its ncighbors or any othcr pcoplc/nation unlcss it is first attackcd —physically by war machincs or troops, and/ or cconomically by a blockadc or undcrmining thc cconomic lilc sourcc(s) ol thc rcpublic, or il it is clcar that it will bc immincntly attackcd. Vaging war lor glory or tcrritorial cxpansion or simply to kccp thc population distractcd is against thc principlcs ol justicc and thc laws ol thc Scripturc. An Independent Judicial System Av:iciv v ol thc constitution rcads: “Tc judicial powcrs ol thc rcpublic shall bc vcstcd in an indcpcndcnt high court and its subscqucnt lowcr courts that shall judgc according to thc laws as placcd by thc national council.” Tc most important rcason lor having thc thrcc branchcs ol govcrnmcnt (lcgislativc, cxccutivc, and judicial) is to crcatc thc cnvironmcnt lor ‘ justicc’ to prcvail without having to worry about thc prcsidcnt or any othcr branch ol govcrnmcnt swaying thc dccision rcgarding dclcndants onc way or thc othcr lor political or any othcr rcasons. Tnv N~:uv~i Rvvuniic 196 Rights of Defendants Guaranteed Points 16 ol Av:iciv vi ol thc constitution grant dclcndants thc lollowing rights: • Right to Prcsumption ol !nnoccncc • Right to a Fair and Spccdy Trial • Right to an Attorncy • Punishmcnt docs not cxcccd thc Crimc Committcd • Right ol Conlrontation • Right to Appcal Tc justicc systcm is thc main pillar ol an !slamic bascd constitution and thc right lor pcoplc to scck such justicc against wrongdoing is guarantccd with nonc bcing abovc thc law. Transparency and Openness of Government Av:iciv viii ol thc constitution rcads: “All branchcs ol thc govcrnmcnt ol thc rcpublic shall opcratc in complctc transparcncy and opcnncss. Rccords must bc madc public, and mcctings ol thc council shall bc dclibcratcd to an opcn audicncc, and/or through a tclcviscd scrccning.” Tc constitution dcmands that thc govcrnmcnt acts honcstly and opcnly at all timcs with nothing to hidc lrom its pcoplc. Òpcn mcctings, opcn transcripts, known objcctivcs, clcar agcndas, ctc. arc all part ol and intcgral to thc socicty and rcpublic. 197 Tnv N~:uv~i Rvvuniic No Favor beyond What Is Just Av:iciv ix ol thc constitution rcads: “Òath ol thc rcpublic: ‘! |namc ol pcrson to bc placcd hcrc| solcmnly swcar bclorc God and bclorc thc witncss ol thc citizcns ol this rcpublic to uphold thc rolc ol |position to bc placcd hcrc| to thc bcst ol my abilitics to protcct thc intcgrity ol thc constitution and thc rcpublic. ! swcar to livc my lilc according to thc laws and rcgulations ol thc rcpublic and to uphold thc highcst moral charactcr. ! swcar to work in thc bcst intcrcst ol thc rcpublic and to constantly strivc to improvc lilc lor its citizcns. ! swcar ncvcr to abusc my position or authority in any way, shapc or lorm lor pcrsonal gain. ! swcar ncvcr to carry lavor to any pcrson or group or cntity bcyond what is lair and just. ! swcar to stand lor and to promotc thc laws ol pcacc and justicc and cquality whcrcvcr ! may bc. ! havc placcd God as a witncss ovcr this oath ol minc, may Hc havc mcrcy on my soul and guidc mc to always do what is right.’ ” Tc oath ol thc rcpublic is a rcquircmcnt to bc takcn by cach and cvcry govcrnmcnt cmploycc or council mcmbcr. Tc oath is binding by law and is dcsigncd to cnsurc that all thosc working in govcrnmcnt maintain thc utmost cthical standards and rcsponsibility. Tc oath lorbids lavors bcing givcn to individuals, groups, or cntitics bcyond what thcy rightly dcscrvc undcr thc law and by thc constitution. Tis limits thc ability ol prcssurc groups and/or corporations to shapc thc dccisions ol govcrnmcnt to thcir lavor whilc undcrmining thc truc nccds and rights ol thc individual. Tnv N~:uv~i Rvvuniic 198 Secret Services, Espionage, and Covert Operations Forbidden Av:iciv x ol thc constitution rcads: “Vith thc cxccption ol dcclarations ol war madc by thc national council, no branch ol govcrnmcnt, or pcrson lrom within rcpublic, may dircctly or indircctly financc, sponsor, or cngagc in, thc dcstabilization or undcrmining ol any country or nation by way ol dcsign and/or by way ol covcrt or othcrwisc armcd opcrations.” Tc constitution lorbids any ‘intclligcncc’ typc ol organization to cxist that is dcdicatcd to undcrmining and disrupting othcr pcoplc/nations in ordcr to bcncfit thc mothcr statc. An !slamic rcpublic is onc that rcspccts thc right/privacy ol its pcoplc as wcll as thc right/privacy ol othcrs to govcrn thcmsclvcs as thcy scc fit and without bccoming thc ‘hand ol latc’ that swings thc balancc to its lavor. Creativity and Science Encouraged Av:iciv xi ol thc constitution rcads: “Govcrnmcnt shall cncouragc and support thc pursuit ol crcativity, arts, scicnccs, cxploration, and tcchnical innovation within thc rcpublic.” Tc Scripturc is a book that promotcs thc arts and scicnccs and which is always challcnging mankind to cxplorc thc carth and thc hcavcns and scc thc cvidcncc ol thc past and to drivc towards thc luturc. As such, thc constitution rccognizcs this call to crcativity and has madc it an intcgral part ol thc constitution to bc promotcd and protcctcd. 199 Tnv N~:uv~i Rvvuniic Changes for the Better Av:iciv xii ol thc constitution rcads: “Amcndmcnts towards thc bcttcrmcnt ol this constitution may bc madc bascd on a 5/6 votc ol thc national council and a unanimous cndorscmcnt lrom thc high court justiccs as to thc lcgality ol thc amcndmcnt in vicw ol thc cxisting articlcs ol constitution. All amcndmcnts must bc listcd as such and not inscrtcd into thc original tcxt ol this constitution.” Sincc God is thc only ‘absolutc pcrlcction’ in our human minds, thcn it is only scnsiblc to rccognizc that thcrc may bc shortcomings or gaps in this proposcd constitution which will bc fillcd at a latcr stagc and timc by thc pcoplc who havc choscn it to bc thcir sourcc documcnt. 200 15 Spirituality in Islam— Salat Tc word “Salat” and its dcrivativcs occur in thc Scripturc ovcr 70 timcs and is cmphasizcd by God Almighty as a critical aspcct lor thc spiritual dcvclopmcnt and progrcss ol bclicvcrs. According to thc Sunnis and Shia, thc Salat was dccrccd by God to thc Prophct Mohammcd during thc night ol asccnsion, in which God dccrccd 50 Salats pcr 201 Tnv N~:uv~i Rvvuniic day, only to bc rcduccd to 5 Salats pcr day duc to plcading ol thc Prophct. Vhilc thc avcragc Sunni or Shia may not havc any problcms with thc abovc talc, it is not only blasphcmous that God would not know what to dccrcc upon His crcation, but it is also historically lalsc as God has showcd us many timcs that all thc prophcts prior to Mohammcd kncw Salat and carricd it out along with thcir lamilics and lollowcrs (scc 6:162, 10:87, 11:87, 14:37, 19:31, 31:17). What is Salat? Not only do thc Sunnis and Shia distort thc truth rcgarding thc origin ol Salat, but thcy also conlusc and conlound its purposc by tcaching that Salat is a “mcchanical ritual praycr” dccrccd by God to takc placc at spccific timcs during thc day and that nonadhcrcncc to this praycr will rcsult in Hcllfirc. Vhilc thcrc is no doubt that wc arc commandcd to ‘hcar and obcy’ any and all commands lrom our Lord (scc 2:285), wc arc at thc samc timc commandcd not to uphold that which wc havc not vcrificd oursclvcs (scc 17:36). According to thc Qur’an, thc main objcctivc ol Salat is “thc rcmcmbrancc ol God,” which is achicvcd through “rccitation” ol God’s Scripturc(s) at “rcgular timcs”: ““I am God, there is no god except Me, so serve Me and hold the Salat for My remembrance.” (Qur’an 20:14) “Recite what is inspired to you of the Book and hold the Salat, for the Salat prohibits evil and vice; but certainly the remembrance of God is the greatest. God knows everything you do.” (Qur’an 29:45) “Ten, if you have completed the Salat, remember God while standing, or sitting, or on your sides. Ten, Tnv N~:uv~i Rvvuniic 202 if you are secure, hold the Salat. Indeed, the Salat for the believers is a Book that is scheduled.” (Qur’an 4:103) Tc bcst cxplanation ol Salat can bc summarizcd by thc actions ol thc mcsscngcr Shu’ayb, who was accuscd by his pcoplc ol rccciving “instructions” through his act ol Salat: “Tey said: “O Shu’ayb, does your Salat order you that we leave what our fathers served, or that we do not do with our money as we please? It seems only you are the compassionate, the wise!” (Qur’an 11:87) Accordingly, thc closcst dcfinition lor thc word “Salat” can bc: “remembering God, through regular recitation of His Scripture(s), with the aim of gaining knowledge, patience, and peacefulness.” How to carry out the Salat? To makc a propcr Salat rcquircs ccrtain stcps and prcparations that God has ordaincd with His knowlcdgc. !n this chaptcr wc will cxaminc thc stcps and dctails ol Salat as lound in thc Qur’an. A. Be in a Clear State of Mind Clarity ol mind and locus arc somc ol thc most critical aspccts ol Salat as thc words ol God that arc bcing rccitcd nccd to bc rcflcctcd upon and undcrstood and not simply parrotcd as thc pcoplc ol old wcrc accustomcd to do (8:35): “O you who believe, do not approach the Salat while you are intoxicated, until you know what you are saying. Nor if you have had intercourse, unless traveling, until you bathe. And if you are ill, or traveling, or one of you has excreted feces, or you had 203 Tnv N~:uv~i Rvvuniic sexual contact with the women, and could not find water, then you shall select from the clean soil; you shall wipe your faces and hands. God is Pardoning, Forgiving.” (Qur’an 4:43) B. Attend to Specific Timings According to thc Qur’an, thcrc arc three Salat timcs that havc bccn prcscribcd: 1. Salat AlFajr (Ðawn Salat 24:58), 2. Salat AlVusta (Middlc Salat 2:238), 3. Salat Al!sha (¡vcning Salat 24:58). “O you who believe, let those among you who are maintained by your oaths, and those who have not attained puberty, request your permission regarding three times: before the dawn Salat, and when you put off your garments from the noon time, and after the evening Salat. Tese are three private times for you. Other than these times, it is not wrong for you or them to intermingle with one another. God thus clarifies the revelations for you. And God is Knowledgeable, Wise.” (Qur’an 24:58) “Maintain the Salawaat; and the middle Salat; and stand for God dutifully.” (Qur’an 2:238) !n addition to thc rcvcaling namcs ol cach Salat which idcntifics its timing, wc find an abundancc ol dctail in thc Qur’an giving morc inlormation to thc spccific starting timcs in which thcy arc to bc obscrvcd: “And hold the Salat at two parts of the day, and the nearside of the night. Te good deeds take away the bad. Tis is a reminder to those who remember.” Tnv N~:uv~i Rvvuniic 204 (Qur’an 11:114) “Hold the Salat at the zenith of the sun, until the approach of the night; and the Qur’an at dawn; the Qur’an at dawn is witnessed.” (Qur’an 17:78) \crscs 11:114 givc us thc thrcc Salat timings as 1) thc first part ol thc day (dawn), 2) thc sccond part ol thc day 58
(noon), 3) thc ncarsidc ol thc night (cvcning). \crsc 17:78 lurthcr clarifics thc timc lramc lor thc Middlc/Vusta Salat as bcginning with “noon” and cnding with “sunsct” (also scc 38:3132 lor lurthcr dctails) this is why thc Middlc Salat docs not carry thc namc ol a timc pcriod, but rathcr a dcscription ol its position bctwccn thc othcr two Salat. A lcw obscrvations/notcs on thc thrcc Salat timcs: • Although thc Sunnis makc a claim that thcrc arc fivc Salat timcs (as dccrccd by thcir Hadiths), thcy only obscrvc thrcc Salat using thc propcr protocol ol having an audiblc voicc (17:110), • Tc Shia, although claiming to adhcrc to fivc Salat likc thc Sunnis, only hold thrcc Salat timcs cach day (claiming that thcy arc pcrmittcd to join bctwccn somc ol thc Salat timcs), • Tc Jcwish 8iblc, in affi rming thc prcvious knowlcdgc pcoplc havc ol Salat, also affi rms that such a practicc was carricd out thrcc timcs cach day (Ðanicl 6:10, Psalms 55:1617). C. Ablution/Cleansing of the Body As a prcparation lor Salat, an ablution is rcquircd using watcr, or, il not availablc, clcan dry soil. 58 Tc day contains a minimum ol thrcc parts/cdgcs (scc 20:130). 205 Tnv N~:uv~i Rvvuniic “O you who believe, if you rise to hold the Salat, then wash your faces and your hands up to the elbows, and wipe your heads and your feet to the ankles; and if you have had intercourse, then you shall bathe. And if you are ill, or traveling, or you have excreted feces, or you have had sexual contact with the women, and you cannot not find water, then you shall select from the clean soil; you shall wipe your faces and your hands with it. God does not want to place any hardship on you, but He wants to cleanse you and to complete His blessings upon you that you may be thankful.” (Qur’an 5:6) D. Be in a Stationary Standing Position Tc normal modc lor achicving thc Salat is to bc in a stationary standing position. Howcvcr, il thcrc arc impcding circumstanccs, thcn a pcrson may attcmpt to achicvc thc Salat whilc walking or riding. “Maintain the Salawaat; and the middle Salat; and stand for God dutifully. But if you are fearful, then you may do so while walking or riding. If you become secure, then remember God as He has taught you what you did not know.” (Qur’an 2:238-239) E. Use a Moderate Voice, Recite the Scripture As highlightcd in thc bcginning ol this chaptcr, rcciting lrom thc Scripturc(s) is thc csscncc to hclping a pcrson achicvc thc bcncfit ol Salat. To this cnd, God tcachcs us that thc Salat must bc carricd out in an audiblc/modcratc voicc, so that cvcry word is hcard and undcrstood. Vith rcgards to what should bc rcad, thc answcr will dcpcnd on thc nccd and situation ol thc pcrson conducting thc Salat. Somc vcrscs arc in thc lorm ol a plca, whilc othcrs arc an invocation upon God to assist and to Tnv N~:uv~i Rvvuniic 206 protcct lrom thc dcvil and his whispcrs/influcncc. Tcrc is no right or wrong in which vcrscs to sclcct. ¡ach vcrsc lrom thc Scripturc has its own uniquc aspccts and its own uniquc purposc. “Say: ‘ Call on God or call on the Almighty; by whichever you call on, to Him are the best names.’ And do not be too loud in making your Salat, nor too quiet; but seek a path in between.” (Qur’an 17:110) “Recite what is inspired to you of the Book and hold the Salat, for the Salat prohibits evil and vice; but certainly the remembrance of God is the greatest. God knows everything you do.” (Qur’an 29:45) “Hold the Salat at the zenith of the sun, until the approach of the night; and the Qur’an at dawn; the Qur’an at dawn is witnessed.” (Qur’an 17:78) F. Perform Two Prostrations Tc normal lcngth ol a Salat is two prostrations (which may bc shortcncd to onc in a satc ol lcar). ¡ach prostration by dclault involvcs knccling to achicvc thc position ol prostration. “And if you are with them and you hold the Salat for them, then let a group from among them stand with you and let them bring their weapons; and when they have prostrated then let them be behind you; and let a group who has not yet made the contact prayer come and make the contact prayer with you, and let them be wary and let them bring their weapons with them. The rejecters hope that you would neglect your weapons and goods so they can come upon you in one blow. There is no sin upon 207 Tnv N~:uv~i Rvvuniic you if you are impeded by rainfall, or if you are ill, that you place down your weapons. And be wary. God has prepared for the rejecters a humiliating retribution.” (Qur’an 4:102) G. End Salat With Specific Words Salat is cndcd with a spccific praycr to God outlining thc Ðivinity and Òncncss ol thc Almighty. “And say: ‘Praise to God who has not taken a son, nor does He have a partner in sovereignty, nor does He have an ally out of weakness.’ And glorify Him greatly.” (Qur’an 17:111) Believers vs. Submitters Vhilc thcrc is no doubt that any pcrson may attcmpt to pcrlorm Salat as hc/shc wishcs, a study ol thc Scripturc rcvcals that thc main pcoplc who will bc succcsslul at making thc Salat on a rcgular basis arc oncs who havc advanccd to thc stagc ol bcing Mumins (bclicvcrs). “O you who believe, do not approach the Salat while you are intoxicated, until you know what you are saying. Nor if you have had intercourse, unless traveling, until you bathe. And if you are ill, or traveling, or one of you has excreted feces, or you had sexual contact with the women, and could not find water, then you shall select from the clean soil; you shall wipe your faces and hands. God is Pardoning, Forgiving.” (Qur’an 4:43) “Ten, if you have completed the Salat, remember God while standing, or sitting, or on your sides. Ten, if you are secure, hold the Salat. Indeed, the Salat for the believers is a Book that is scheduled.” (Qur’an 4:103) Tnv N~:uv~i Rvvuniic 208 Vhilc most pcoplc may not rcalizc thc diffcrcncc, thc Scripturc has madc a clcar distinction bctwccn “Muslims” (thosc who simply havc submittcd to God) and “Mumins” (thosc who havc advanccd and strivc with thcir wcalth and livcs in thc sakc ol God): “Te Nomads said: ‘We believe (Am’ana).’ Say: “You have not believed; but you should say: ‘We have submitted (As’lamna)’, for belief has not yet entered into your hearts.” If you obey God and His messenger, He will not put any of your works to waste. God is Forgiver, Merciful. Believers (Muminoon) are those who believe in God and His messenger, then they became without doubt, and they strive with their money and their lives in the cause of God. Tese are the truthful ones.” (Qur’an 49:14-15) Tcrclorc, il you arc not ablc to bcncfit lrom Salat, do not dcspair, thc bcncfits will comc cvcntually whcn you havc calmcd your mind through paticncc and havc nourishcd your soul through good works. Other Issues Being in Groups or Alone Salat may bc pcrlormcd in groups or in an individual basis. “And if you are with them and you hold the Salat for them, then let a group from among them stand with you and let them bring their weapons; and when they have prostrated then let them be behind you; and let a group who has not yet made the contact prayer come and make the contact prayer with you, and let them be wary and let them bring their weapons with them. Te rejecters hope that you would neglect your weapons and goods so they can come upon you in one blow. Tere is no sin upon you if you are impeded by rainfall, or if you are ill, that you place down your weapons. And be 209 Tnv N~:uv~i Rvvuniic wary. God has prepared for the rejecters a humiliating retribution.” (Qur’an 4:102) “Te angels called to him while he was standing, YuSali, in the temple enclosure: ‘God gives you glad tidings of John, authenticating the word from God, and a master, and steadfast, and a prophet from the upright.’” (Qur’an 3:39) Friday/Jum’a Salat Ònc issuc which ariscs lrom timc to timc is that ol thc Jum’a (Friday) Salat. Tc cstablishmcnt ol a Salat similar to thc Christian “Sunday” or thc Jcwish “Sabbath” is bascd on a misconccption ol vcrsc 62:9 which spcaks ol thc im portancc ol Salat, cspccially whcn pcoplc arc gathcrcd to gcthcr on thcir “tradc day,” and ncvcr docs it cstablish a spccial Salat or day lor Salat. “Ò you who bclicvc, il thc Salat is callcd to at thc gathcring day, thcn you shall hastcn towards thc rcmcmbrancc ol God, and ccasc all sclling. Tis is bcttcr lor you, il only you kncw.” (Qur’an 62:9) Funeral Salat Salat, in its lull lorm ol rcciting thc Scripturc with a total ol two prostrations is to bc hcld at thc luncral ol any Sub mittcr/8clicvcr who has dicd: “O you who believe, witnessing shall be done if death is approaching one of you and a will is being made, by two among you who are equitable. If you have gone forth in the land, and death is approaching, then any two may suffi ce - if you have doubt regarding them, then detain them after making the Salat, and they will swear by God: “We will not purchase with it any Tnv N~:uv~i Rvvuniic 210 price, even if it was from a near relative, and we will not conceal the testimony of God, else we are of the sinners.” (Qur’an 5:106) “And do not make the Salat for any of them who have died, nor stand at their grave. Tey have rejected God and His messenger and died while they were wicked.” (Qur’an 9:84) Beware! Tc bcncfits lrom bcing ablc to “rcmcmbcr” God through rcgular rccitation ol His words, and inturn, bc rcmcmbcrcd and guidcd by Him cannot bc cmphasizcd cnough. !t is lor this rcason that wc must all bc awarc that thc dcvil and his lollowcrs havc this vchiclc in thcir sights and that scvcring our contact/link with God and rcndcring thc act to a an cmpty ritual has and will continuc to bc a priority itcm: “Te devil only wants to cause strife between you through intoxicants and gambling, and to repel you away from remembering God and from the Salat. Will you be deterred?” (Qur’an 5:91) “Ten generations came after them who lost the Salat, and followed desires. Tey will find their consequences.” (Qur’an 19:59) Now that wc havc lound thc Salat oncc again, will wc discard our ability to rcmcmbcr God through this rcgular, schcdulcd contact and turn thc Salat into mindlcss cmpty rituals as thc gcncrations bclorc us havc donc: Vill wc bc dctcrrcd: 211 16 Spirituality in Islam— Fasting As wc havc alrcady shown in chaptcr 13, thc corrcct !slamic calcndar is a lunisolar onc which has its first month bcginning on thc lull moon that occurs on or just bclorc thc Vintcr Solsticc—Ramadhan. Tis makcs thc month ol lasting occur around Ðcccmbcr ol cach ycar on thc Grcgorian calcndar. Tnv N~:uv~i Rvvuniic 212 [Yusuf Ali Translation 2:185] Ramadhan is the (month) in which was sent down the Qur’an, as a guide to mankind, also clear (Signs) for guidance and judgment (Between right and wrong). So every one of you who is present (at his home) during that month should spend it in fasting, but if any one is ill, or on a journey, the prescribed period (Should be made up) by days later. Allah intends every facility for you; He does not want to put to diffi culties. (He wants you) to complete the prescribed period, and to glorify Him in that He has guided you; and perchance ye shall be grateful. [Yusuf Ali Translation 97:1-5] We have indeed revealed this (Message) in the Night of Power: And what will explain to thee what the night of power is? Te Night of Power is better than a thousand months. Terein come down the angels and the Spirit by Allah’s permission, on every errand: Peace!... Tis until the rise of morn! Such an undcrstanding lits pcrlcctly with thc inlormation that thc Qur’an was rcvcalcd on a spccilic night in that spccilic month (i.c. thc spccial night was whcn thc ¡arth stood at a spccilic location in rclation to thc sun and thc moon and thc univcrsc, and such night would only bc rcpcatcd whcn thc ¡arth rcturns to cxactly thc same location—which is only possiblc in a Solar bascd systcm). Thcrclorc, thc problcm crcatcd by Muslims today using a wildly spinning calcndar is that this spccial night and thc month it is bascd in arc moving incohcrcntly lrom summcr to wintcr to autumn.
213 Tnv N~:uv~i Rvvuniic Who is the Audience? Tc prcdominant vicw hcld by thc Sunnis and Shia is that lasting is a rcquircmcnt ol cvcry malc and lcmalc Muslim lrom youth and until dcath, and that thc last is onc ol thc pillars that makc up traditional !slam and cannot bc lorsakcn or abandoncd. “O you who believe, fasting has been decreed for you as it was decreed for those before you, perhaps you may be righteous. A few number of days; however, if any of you is ill or traveling, then the same number from different days; and as for those who can do so but with diffi culty, they may redeem by feeding the needy. And whoever does good voluntarily, then it is better for him. And if you fast it is better for you if only you knew.” (Qur’an 2:183-184) As pointcd out with thc subjcct ol Salat, thc audicncc lor thc act is not thc population in gcncral or cvcn thc Muslims/Submittcrs, rathcr, it is dccrccd upon thc ‘Muminccn/8clicvcrs’ who arc sct upon attaining a highcr rcward duc to thcir dcdication to thc causc ol God Alonc. “Te Nomads said: ‘We believe (Am’ana).’ Say: “ You have not believed; but you should say: ‘We have submitted (As’lamna)’, for belief has not yet entered into your hearts.” If you obey God and His messenger, He will not put any of your works to waste. God is Forgiver, Merciful. Believers (Muminoon) are those who believe in God and His messenger, then they became without doubt, and they strive with their money and their lives in the cause of God. Tese are the truthful ones.” (Qur’an 49:14-15) Tnv N~:uv~i Rvvuniic 214 Why Fast? Tc importancc ol thc last in Ramadhan can bc sccn in its rclation to thc spccial “Night ol Ðccrcc” which occurs in that particular month and in which thc month is blcsscd by God scnding His angcls and Spirit to carry out His commands. “We have sent it down in the Night of Decree. And do you know what is the Night of Decree? Te Night of Decree is better than one thousand months. Te angels and the Spirit come down in it with the permission of their Lord to carry out every matter. It is peaceful until the coming of dawn.” (Qur’an 97:1-5) “We have sent it down in a blessed night. Surely, We were to warn. In it, is a decree for every matter of wisdom.” (Qur’an 44:3-4) !t is this significant and major cvcnt that calls lor a timc ol rcflcction and purification. How Many Days is the Fast? !slamic scholars havc dctcrmincd that lasting shall bc lor a lull lunar month bascd on vcrsc 2:185 (whcrc it says, “Vhocvcr lrom you is witncss to that month, thcn lct him last in it”). Howcvcr, thc lcngth ol thc last has alrcady bccn cstablishcd in vcrscs 2:183184, which thcy havc inadvcrtcntly ovcrlookcd: “O you who believe, fasting has been decreed for you as it was decreed for those before you, perhaps you may be righteous. A few number of days; however, if any of you is ill or traveling, then the same number from different days; and as for those who can do so but with diffi culty, they may redeem by feeding the needy. And whoever does good voluntarily, then it is better for 215 Tnv N~:uv~i Rvvuniic him. And if you fast it is better for you if only you knew.” (Qur’an 2:183-184) !gnoring thc lact that ncithcr Jcws nor Christians rccord a 30day obligatory lasting pcriod (thc Jcws rccord Yom Kippur as bcing thc day ol lasting which concludcs thc Tcn Ðays ol Rcpcntancc), thc Scripturc clarifics thc pcriod whcn wc arc to last by thc word “madoodat,” which mcans “lcw.” Tis word is normally uscd to indicatc small numbcrs, typically thosc that can bc countcd by thc fingcrs ol thc hand (this samc word can bc sccn in vcrsc 2:203 to indicatc a pcriod ol thrcc days). 8ut rathcr than lcaving thc subjcct to conjccturc, God givcs us dcfinitivc answcrs by stating in vcrsc 2:185 that wc arc to last so as to “complctc thc count.” And, by cxamining lurthcr, wc find that thc dcfinition ol a “complctc” count is givcn as “tcn” in 2:196. Tus, not only do wc havc thc answcr as to thc lcngth ol thc last, but wc arc also ablc to cstablish that thc numbcr systcm that thc Qur’an tcachcs us is a “tcnbascd” systcm (as opposcd to an cightbascd systcm that has bccn uscd in thc past or cvcn a scvcnbascd systcm). Terefore: Fasting = Ten days Tc tcn days ol lasting arc to bc carricd out within thc month ol Ramadhan, unlcss onc is ill or travclling, thcn hc/shc may substitutc with diffcrcnt days. (2:184185). How long is the Daily Fast? As lor thc daily lcngth ol thc last, it is to occur lrom just bclorc dawn and lasts until night: “It has been made lawful for you during the night of fasting to approach your women sexually. Tey are a garment for you and you are a garment for them. God knows that you used to betray your souls so He Tnv N~:uv~i Rvvuniic 216 has accepted your repentance, and forgiven you; now you may approach them and seek what God has written for you. And you may eat and drink until the white thread is distinct from the black thread of dawn; then you shall complete the fast until night; and do not approach them while you are devoted in the temples. Tese are the boundaries of God, so do not transgress them. It is thus that God clarifies His revelations to the people who they may be righteous.” (Qur’an 2:187) Vhilc thc Shia maintain thc corrcct lcngth ol thc daily last (until night), thc Sunnis arc clcar violators ol this command as thcy cncouragc thc brcaking ol thc last at sunsct duc to thcir lollowing ol a Hadith in which thc prophct is supposcd to havc ovcrriddcn thc instructions ol God and told his lollowcrs to “makc carly” thc brcaking ol thc last! What is to be Abstained From? “It has been made lawful for you during the night of fasting to approach your women sexually. Tey are a garment for you and you are a garment for them. God knows that you used to betray your souls so He has accepted your repentance, and forgiven you; now you may approach them and seek what God has written for you. And you may eat and drink until the white thread is distinct from the black thread of dawn; then you shall complete the fast until night; and do not approach them while you are devoted in the temples. Tese are the boundaries of God, so do not transgress them. It is thus that God clarifies His revelations to the people who they may be righteous.” (Qur’an 2:187) 217 Tnv N~:uv~i Rvvuniic Ðuring thc daylight hours ol thc 10day last, bclicvcrs arc to abstain lrom thc lollowing: • Food • Ðrink • Scxual activity Fasting as Expiation Òthcr than thc tcn days ol Ramadhan, thcrc arc diffcrcnt lasts mcntioncd in thc Qur’an as cxpiation lor ccrtain sins. “God will not hold you for your casual oaths, but He will hold you for what oaths you have made binding; its cancellation shall be the feeding of ten poor from the average of what you feed your family, or that you clothe them, or that you free a slave; whoever cannot find such shall fast for three days; this is a cancellation for making your oaths when you swear. And be careful from making oaths. It is such that God clarifies for you His revelations that you may be thankful.” (Qur’an 5:89) “And complete the Pilgrimage and the visit for God. If you are prevented, then simply make what offering is affordable; and do not shave your heads until the offering reaches its destination. Whoever of you is ill or has an affl iction to his head, then he may redeem by fasting or giving a charity or a rite. If you are secure, then whoever goes to visit, but decides to continue until the Pilgrimage, then he shall provide what offering is affordable; but for he who cannot find anything, then he must fast for three days during the Pilgrimage and seven when he returns; this will make a complete ten; this is for Tnv N~:uv~i Rvvuniic 218 those whose family is not resident at the Restricted Temple. And be aware of God, and know that God is severe in retribution.” (Qur’an 2:196) “And it is not for a believer to kill another believer except by mistake. And whoever kills a believer by mistake, then he shall free a believing slave, and give compensation to the family; except if they remit it. If he was from a people who are enemies to you, and he was a believer, then you shall free a believing slave. And if he was from a people with whom you have a covenant, then a compensation to his family, and free a believing slave. Whoever does not find, then the fasting of two months sequentially as a repentance from God; for God is Knowledgeable, Wise.” (Qur’an 4:92) “Tose among you who have estranged their women; they can never be made as their mothers, for their mothers are those who gave birth to them. Indeed, they are uttering what is strange and a falsehood. And God is Pardoner, Forgiver. Tose who had estranged their women, then they retracted what they had said, they shall free a slave before they have sexual contact between them. Tis is to enlighten you. God is well aware of everything you do. If he cannot find any, then he shall fast two consecutive months before any sexual contact between them. If he cannot, then he shall feed sixty poor people. Tat is so you would believe in God and His messenger. And these are the boundaries set by God. Te disbelievers have incurred a painful retribution.” (Qur’an 58:2-4) 219 Tnv N~:uv~i Rvvuniic Tcsc lasts rangc lrom a thrcc day last to a sixty day consccutivc last dcpcnding on thc sin: • Fasting lor thrcc days lor brcaking an intcntional oath (il hc/shc was not ablc to lccd tcn poor, or clothc thcm, or lrcc a slavc), • Fasting lor tcn days lor not bcing ablc to providc an offcring as a pcnancc lor attcnding thc pilgrimagc without prior intcnt (to bc split as thrcc days during thc pilgrimagc and scvcn upon thc rcturn homc), • Fasting two consccutivc months in thc casc ol manslaughtcr (il hc/shc was not ablc to sct lrcc a bclicving slavc or compcnsatc thc victims lamily), • Fasting lor two consccutivc months lor thosc who cstrangc thcir wivcs (il hc was not ablc to lrcc a slavc).
220 17 Spirituality in Islam— Charity Giving charity is onc ol thc most spokcn about aspccts in thc Qur’an as a lorm ol purilying thc ‘scll ’ lrom grccd. Tis chaptcr will sharc with thc rcadcr thc lorms ol charity availablc in thc Qur’an as wcll as its intcndcd rccipicnts. “O you who believe, spend from what We have provided for you before a Day comes when there is no trade, nor friendship, nor intercession; and the disbelievers are the wicked.” (Qur’an 2:254) 221 Tnv N~:uv~i Rvvuniic !n our study ol thc Qur’an, wc find thrcc lorms ol charity that havc bccn stipulatcd: 1. AlKhums – an obligatory 20 pcrccnt tax. 2. Sadaqa – an cxpiation charity. 3. Zakat – an optional charity. Al-Khums (20 percent tax) “And know that anything you profit, one-fifth (Al Khums) shall go to God and the messenger, and the relatives, and the orphans, and the poor, and the wayfarer. You will do this if you believe in God and in what We revealed to Our servant on the Day of the Criterion, the day the two armies clashed; and God is capable of all things.” (Qur’an 8:41) Sunni scholars (to support thcir 2.5 pcrccnt tax dcrivcd lrom thc books ol Hadith) havc argucd that vcrsc 8:41 is not a gcncral tax but that it is spccific to spoils ol war and docs not apply to all incomc. Shia scholars on thc othcr hand havc undcrstood it to apply as a tax to all incomc (with thc twist that such tax is paid to thc lamily ol thc Prophct ‘Ahlul8ayt’). A rcvicw ol thc subjcct shows that thc Shia undcrstanding is thc morc corrcct onc as thc word ‘Ghanaim’ can rclcr to any gain, cspccially that thc vcrsc clarifics itscll lurthcr with thc phrasc ‘anything you profit’ (ma ghanimtum min shai). Timing of the Tax “And He is the One Who initiated gardens; both trellised and untrellised; and palm trees, and plants, all with different taste; and olives and pomegranates, similar and not similar. Eat from its fruit when it blossoms and give its due on the day of its harvest; and do not waste. He does not like the wasteful.” (Qur’an 6:141) Tnv N~:uv~i Rvvuniic 222 Tc Qur’an stipulatcs that any ducs shall bc paid on “thc day ol its harvcst” which would diffcr lrom pcrson to pcrson cach dcpcnding on his/hcr prolcssion. A larmcr docs not havc just onc day ol harvcst in a ycar, but hc/ shc would havc scvcral dcpcnding on thc crops and thc climatc. Likcwisc, a lawycr or offi cc workcr rcccivcs his/ hcr harvcst on a monthly basis in thc lorm ol a salary, whilc a laborcr may rcccivc his/hcr harvcst wcckly in thc lorm ol a wagc. Tcrclorc, thc timc that thc tax is duc is diffcrcnt lor cach pcrson and is calculatcd on thc nct incomc ol thc pcrson rathcr than thc gross (kccping in linc with thc word “Ghanaim” mcaning “profit”). Recipients of the Tax “And know that anything you profit, one-fifth (Al Khums) shall go to God and the messenger, and the relatives, and the orphans, and the poor, and the wayfarer. You will do this if you believe in God and in what We revealed to Our servant on the Day of the Criterion, the day the two armies clashed; and God is capable of all things.” (Qur’an 8:41) Tcrc arc six rccipicnts ol this tax which arc idcntificd in 8:41 with thc lollowing ordcr ol succcssion: 1. God — all monics spcnt in thc causc ol God. 2. Tc mcsscngcr — with thc dcath ol thc mcsscngcr this could bc construcd as ‘thc Statc’ (i.c. ‘thosc in authority’) 59 as long as it rulcd by thc laws that thc mcsscngcr dclivcrcd. 3. Tc rclativcs—cach according to his/hcr own situation. 59 Qur’an 4:59 223 Tnv N~:uv~i Rvvuniic 4. Tc orphans—thc nccdy lrom thcm. 5. Tc poor—scll cxplanatory. 6. Tc waylarcr—thosc suffcring lrom sctback duc to travcl. Sadaqa (expiation charity) “And complete the Pilgrimage and the visit for God. If you are prevented, then simply make what offering is affordable; and do not shave your heads until the offering reaches its destination. Whoever of you is ill or has an affliction to his head, then he may redeem by fasting or giving a charity (Sadaqa) or a rite. If you are secure, then whoever goes to visit, and decides to continue until the Pilgrimage, then he shall provide what offering is affordable; but for he who cannot f ind anything, then he must fast for three days during the Pilgrimage and seven when he returns; this will make a complete ten; this is for those whose family is not resident at the Restricted Temple. And be aware of God, and know that God is severe in retribution.” (Qur’an 2:196) “O you who believe, if you wish to hold a private meeting with the messenger, you shall offer a charity (Sadaqa) before you do so. Tis is better for you, and purer. If you cannot do so, then God is Forgiver, Merciful.” (Qur’an 58:12) “Take from their money a charity (Sadaqa) to purify them and develop them with it, and make contact with them; for your contact is a tranquility for them; and God is Hearer, Knowledgeable. Did they not know that it is God who accepts Tnv N~:uv~i Rvvuniic 224 repentance from His servants, and He takes the charities (Sadaqaat), and that God is the Pardoner, Merciful.” (Qur’an 9:103-104) Tis charity is cxpiation (pcnancc) and is availablc to covcr a widc rangc ol affairs, lrom rcqucsting a privatc mccting with thc mcsscngcr to bcing unablc to shavc oncs hair during thc pilgrimagc. Recipients of Sadaqa “Indeed, the charities (Sadaqaat) are for the poor, and the needy, and those who work to collect them, and those whose hearts have been united, and to free the slaves, and those in debt, and in the cause of God, and the wayfarer. A duty from God, and God is Knowledgeable, Wise.” (Qur’an 9:60) Tcrc arc cight rccipicnts ol this charity which arc idcntificd in vcrsc 9:60 with thc lollowing ordcr ol succcssion: 1. Tc poor. 2. Tc nccdy. 3. Tosc who work to collcct thcm — thc charity workcrs. 4. Tosc whosc hcarts havc bccn unitcd — rcccnt convcrts. 5. To lrcc thc slavcs. 6. Tosc in dcbt. 7. !n thc causc ol God. 8. Tc waylarcr. 225 Tnv N~:uv~i Rvvuniic Rules of Sadaqa “If you openly give charities (Sadaqaat), then it is acceptable; but if you conceal them and give them to the poor, then that is better for you. And He cancels some of your sins; and God is Expert to all that you do.” (Qur’an 2:271) “Kind words and forgiveness are far better than a charity (Sadaqa) that is followed by harm. God is Rich, Compassionate. O you who believe, do not nullify your charities (Sadaqaat) with insult and harm; like the one who spends his money in vanity to show off to the people, and he does not believe in God and the Last Day. His example is like a stone on which there is dust, then it is subjected to a heavy rain which leaves it bare. Tey cannot do anything with what they have earned; and God does not guide the rejecting people.” (Qur’an 2:263-264) Tc Sadaqa should bc givcn in sccrct il possiblc, and must bc givcn with good intcnt and without thc givcr harboring any animosity towards thosc rccciving it. Amount of Sadaqa “Tey ask you about intoxicants and gambling. Say: ‘In them is great harm, and a benefit for the people; but their harm is greater than their benefit.’ And they ask you how much they are to give, say: ‘ Te excess.’ It is thus that God clarifies for you the revelations that you may think.” (Qur’an 2:219) Tc Qur’an stipulatcs that in thc subjcct ol giving (covcring all charitics), thc amount should bc “thc cxccss” and that a pcrson must not bc cxccssivc so as to causc hardship to himscll/hcrscll. Tnv N~:uv~i Rvvuniic 226 Zakat (optional charity) “Tose who spend their money in the night and in the day, secretly and openly, they will have their recompense with their Lord, there is no fear over them nor will they grieve.” (Qur’an 2:274) “O you who believe, spend from what We have provided for you before a Day comes when there is no trade, nor friendship, nor intercession; and the disbelievers are the wicked.” (Qur’an 2:254) “Te example of those who spend their money in the cause of God is like a seed that sprouts forth seven pods, in each pod there is one hundred seeds; and God multiplies for whoever He chooses, and God is Encompassing, Knowledgeable.” (Qur’an 2:261) “And the example of those who spend their money seeking the grace of God, and to save their souls, is like the example of a garden that is on a high ground and is subjected to a heavy rain, and because of that it produces double its crop. And if no heavy rain comes, then a light rain is enough. And God is Seer of what you do.” (Qur’an 2:265) “ You are not responsible for their guidance, but it is God who will guide whoever He wishes. And whatever you spend out of goodness is for your own souls. And anything you spend should be in seeking the face of God. And whatever you spend out of goodness will be returned to you, and you will not be wronged.” (Qur’an 2:272) 227 Tnv N~:uv~i Rvvuniic “Tose who spend their money in the night and in the day, secretly and openly, they will have their recompense with their Lord, there is no fear over them nor will they grieve.” (Qur’an 2:274) Tcrc is no amount ol words that can dcscribc thc bcncfits ol giving charity lor thc sakc ol God. Tc vcrscs abovc arc just a ‘samplc’ ol thc words containcd in thc Qur’an that urgc all pcoplc to invcst in thcir ctcrnal luturc. Recipients of Zakat “Tey ask you what they should spend, say: ‘What you spend out of goodness should go to your family and the relatives and the orphans, and the needy, and the wayfarer. And any good you do, God is fully aware of it.’” (Qur’an 2:215) “Piety is not to turn your faces towards the east and the west, but pious is one who believes in God and the Last Day, and the angels, and the Book, and the prophets, and who gives money out of love to the relatives, and the orphans, and the needy, and the wayfarer, and those who ask, and to free the slaves; and who upholds the contact prayer, and who contributes towards purification; and those who keep their pledges when they make a pledge, and those who are patient in the face of hardship and adversity and when in despair. Tese are the ones who have been truthful, and these are the righteous.” (Qur’an 2:177) Tcrc arc scvcn rccipicnts ol this charity which arc idcntificd in vcrscs 2:215 and 2:177 with thc lollowing ordcr ol succcssion: 1. Family — this covcrs immcdiatc lamily (parcnts, offspring, ctc.). Tnv N~:uv~i Rvvuniic 228 2. Rclativcs. 3. Tc orphans. 4. Tc nccdy. 5. Tc waylarcr. 6. Tosc who ask. 7. To lrcc thc slavcs. Amount of Zakat “Tey ask you about intoxicants and gambling. Say: ‘In them is great harm, and a benefit for the people; but their harm is greater than their benefit.’ And they ask you how much they are to give, say: ‘ Te excess.’ It is thus that God clarifies for you the revelations that you may think.” (Qur’an 2:219) “And spend in the cause of God, but do not throw your resources to disaster. And do good, for God loves those who do good.” (Qur’an 2:195) As with Sadaqa, thc amount ol Zakat is lclt to cach individual to dctcrminc what is bcst. !t is rccommcndcd howcvcr that only thc “cxccss” bc considcrcd and that a pcrson docs not throw himscll/hcrscll in financial hardship by giving too much charity. Rules of Zakat “Tose who spend their money in the cause of God, then they do not follow what they have spent with either insult or harm; they will have their recompense with their Lord, there is no fear over them nor will they grieve. Kind words and forgiveness are far better than a charity that is followed by harm. God is Rich, Compassionate.” (Qur’an 2:262-263) 229 Tnv N~:uv~i Rvvuniic “O you who believe, spend from the good things that you have earned, and from what We have brought forth from the earth. And do not select the rotten out of it to give, while you would not take it yourselves unless you closed your eyes regarding it. And know that God is Rich, Praiseworthy.” (Qur’an 2:267) Again, as with Sadaqa, thc giving ol any charity is not to bc lollowcd with insult or harboring any animosity towards thc rccipicnt. !nlact, il thcrc is any lcar that thc givcr would lollow his/hcr charity with harm, thcn it is bcttcr in thc cycs ol God to simply givc kind words as charity. Also, with charity thcrc is thc clcmcnt ol “quality” that nccds to bc maintaincd (i.c. you should only givc othcrs what you would willingly takc yourscll, and not what is rottcn or unacccptablc). To Give or Not to Give? !l at thc cnd ol this chaptcr you arc still in doubt as to thc bcncfits ol giving charity or hclping thosc lcss lortunatc, thcn pcrhaps a look into thc luturc and rcading thc casc ol thosc who did givc and thcir subscqucnt rcward by thcir Lord will changc your mind: “As for the pious, they will drink from a cup which has the scent of musk. A spring from which the servants of God drink, it gushes forth abundantly. Tey fulfill their vows, and they fear a Day whose consequences are wide-spread. And they give food out of love to the poor and the orphan and the captive. ‘We only feed you seeking the face of God; we do not desire from you any reward or thanks. We fear from our Lord a Day, which will be horrible and diffi cult.’ So God shielded them from the evil of that Day, and He cast towards them a look and a smile. And He rewarded them for their patience with paradise and silk. Tey are Tnv N~:uv~i Rvvuniic 230 reclining in it on raised couches, they do not have in it excessive sun nor bitter cold. And the shade is close upon them, and the fruit is hanging low within reach. And they are served upon with bowls of silver and glasses of crystal. Crystal laced with silver, measured accordingly. And they are given to drink in it from a cup which has the scent of ginger. A spring therein which is called ‘Salsabeel ’. And they are encircled with eternal children. If you see them you will think they are pearls which have been scattered about. And if you look, then you will see a blessing and a great dominion. Tey will have garments of fine green silk, and necklaces and bracelets from silver, and their Lord will give them a cleansing drink. ‘ Tis is the reward for you, and your struggle is appreciated.’” (Qur’an 76:5-22) May wc all bc amongst thc dwcllcrs ol Paradisc! 231 18 Pilgrimage: Te Lost Legacy of Abraham Tis chaptcr will dcal with thc final and most important lcaturc ol unity in thc !slamic rcpublic, and that is its ability to intcract with othcr pcoplc and nations in ordcr to sharc with thcm thc knowlcdgc and mcrits ol a systcm that has bccn dcsigncd by thc Ònc in thc Hcavcns lor all His crcation to livc and prospcr in pcacc and happincss. Tnv N~:uv~i Rvvuniic 232 “Te first Sanctuary established for the people is the one in Bakk’a, blessed, and a guidance for the worlds. In it are clear signs: the station of Abraham. And whoever enters it will be secure. And God is owed from the people to make Pilgrimage to the Sanctuary, whoever can make a path to it. And whoever rejects, then God has no need of the worlds.” (Qur’an 3:96-97) ¡vcry ycar, wc scc millions ol Pilgrims hcading towards Mccca lor thc annual Pilgrimagc/Hajj. Tc Pilgrimagc takcs placc in thc Arabic month ol Zul Hujja and lasts lor a pcriod ol thrcc days in which thc Pilgrims pcrlorm a numbcr ol ritcs, onc ol which is bcing drcsscd in a whitc cloth callcd !hraam whilc circling thc Kaaba scvcral timcs, running bctwccn thc two stoncs ol thc Sala and Marwa and throwing pcbblcs at thc dcvil. Who is the Audience? “And call out to the people with the Pilgrimage, they will come to you walking and on every trans- port, they will come from every deep enclosure.” (Qur’an 22:27) Tc singlc most ovcrlookcd cluc rcgarding Pilgrimagc is thc audicncc. Abraham was calling out to humankind and not to thc bclicvcrs or Muslims. Tis inlormation poscs a scrious problcm to thc bclicl that Pilgrimagc is simply a sct ol systcmatic rituals, as nonbclicvcrs would not bc ablc to idcntily with any ol thcsc rituals and would thus not carry thcm out. 233 Tnv N~:uv~i Rvvuniic Why Would People Gather? “Te first Sanctuary established for the people is the one in Bakk’a, blessed, and a guidance for the worlds. In it are clear signs: the station of Abraham. And whoever enters it will be secure. And God is owed from the people to make Pilgrimage to the Sanctuary, whoever can make a path to it. And whoever rejects, then God has no need of the worlds.” (Qur’an 3:96-97) “So that they may witness benefits for themselves, and mention the name of God in the appointed days over what He has provided for them of the animal livestock. So eat from it and feed the needy and the poor. Ten let them complete their duties and fulfill their vows, and let them traverse at the ancient Sanctuary.” (Qur’an 22:28-29) Hcrc arc thc two main rcasons pcoplc would gathcr: 1. To witncss bcncfits lor thcmsclvcs. 2. To bc madc awarc ol thc systcm cstablishcd by God lor thc pcoplc. Tc first objcctivc ol Pilgrimagc comcs naturally lrom such a largc gathcring ol diffcrcnt pcoplc at an appointcd timc(s) and placc. Tis opcns thc door to opportunitics ol tradc, inlormation cxchangc, cultural cxchangc, nctworking, ctc. Tis idca ol thc mccting and mixing ol pcoplc/raccs can bc clcarly sccn in vcrsc 49:13 bclow as part ol thc dccrcc ol God lor humanity: “O mankind, We created you from a male and female, and We made you into nations and tribes, that you Tnv N~:uv~i Rvvuniic 234 may know one another. Surely, the most honorable among you in the sight of God is the most righteous. God is Knowledgeable, Expert.” (Qur’an 49:13) Tc sccond objcctivc ol making Pilgrimagc is to sharc with all humankind thc systcm ol laws, govcrnmcnt, and tcachings that God has dccrccd to us through thc prophcts (both physical and spiritual). Tis tcaching is achicvcd during a pcriod ol a lcw days whcn thc Pilgrims arc invitcd to lcast on thc mcats prcparcd spccially lor thc cvcnt whilc thc systcm ol God Alonc is opcnly discusscd and sharcd with thc visitors. Hcncc, thc tcrm “mcntion thc namc ol God” is to rcmind thosc prcscnt (bclicvcrs and nonbclicvcrs) ol our allcgianccs to God bccausc ol what Hc has madc availablc lor us on this ¡arth and cvcrything clsc Hc has blcsscd us with. Location of Pilgrimage “Te first Sanctuary established for the people is the one in Bakk’a, blessed, and a guidance for the worlds. In it are clear signs: the station of Abraham. And whoever enters it will be secure. And God is owed from the people to make Pilgrimage to the Sanctuary, whoever can make a path to it. And whoever rejects, then God has no need of the worlds.” (Qur’an 3:96-97) Unlortunatcly, many pcoplc havc takcn lor grantcd what thc Scripturc actually says on this and many othcr subjccts and hcncc thcy cnd up lollowing thc tcachings ol thc sccts whcn it comcs to thc systcm ol God. Tc Scripturc givcs thc clcar namc 8akk’a (not Mccca) as bcing thc location lor thc Pilgrimagc. 235 Tnv N~:uv~i Rvvuniic Where is Bakk’a? |Psalm 84:48| 8lcsscd arc thcy that dwcll in thy housc: thcy will bc still praising thcc. Sclah. 8lcsscd is thc man whosc strcngth is in thcc, in whosc hcart arc thc ways ol thcm. Vho passing through thc vallcy ol 8aca makc it a wcll, thc rain also fills thc pools. Tcy go lrom strcngth to strcngth, cvcry onc ol thcm in Zion appcars bclorc God. Ò Lord God ol hosts, hcar my praycr: givc car, Ò God ol Jacob. Sclah. Tc namc 8akk’a has bccn rctaincd in ancicnt scripturcs and is thc givcn as thc namc ol thc arca which is rcachcd as pilgrims cxitcd thc vallcy ol Rcphaim lrom thc southwcst that lcd to mount Zion in thc hcart ol Jcrusalcm (Samucl 5:2223). !nlact, thc namc 8akk’a is still rctaincd lor that vcry samc arca that approachcs thc hcart ol Jcrusalcm lrom thc south wcst. Photograph ol Jcrusalcm (Ðomc ol thc Rock)—Tc first Sanctuary Tis cvidcncc ol 8akk’a bcing Jcrusalcm is ironically supportcd by thc !slamic history taught by thc scctarians Tnv N~:uv~i Rvvuniic 236 thcmsclvcs, which rccords that thc Prophct, whilc in Mcdina, uscd to pcrlorm thc contactpraycr (Salat) towards Jcrusalcm lor a numbcr ol ycars, but thcn thc local point (Qibla) was changcd away lrom Jcrusalcm (until today, thc Muslims rclcr to Jcrusalcm as thc first ol thc two Qiblas —Uwla Al Qiblatain). Te Change in Focal Point (Qibla) Tc sourcc ol all thc conlusion that has occurrcd sccms to havc bccn causcd by thc changc in thc Qibla (local point) during thc timc ol thc Prophct: “Te foolish from among the people will say: ‘What has turned them away from the focal point that they were on?’ Say: ‘To God are the east and the west, He guides whomsoever He wishes to a straight path.’ And as such, We have made you a balanced nation so that you may be witness over the people, and that the messenger may be witness over you. And We did not make the focal point that you became on except to distinguish who follows the messenger from those who will turn on their heels. It was a great thing indeed except for those whom God had guided; God was not to waste your belief. God is Merciful and Compassionate over the people.” (Qur’an 2:142-143) According to traditional history, thc Muslims wcrc locuscd on thc original Qibla ol Jcrusalcm. Thcn, altcr somc timc, God suddcnly gavc a ncw dccrcc that told thcm to lacc “away” lrom that Qibla. This changc in Qibla is supportcd with thc vcrscs ol thc Scripturc in 2:142 and 2:143, and is lurthcr supportcd by archcological cvidcncc that cxistcd in thc city ol Mcdina ol a mosquc (masjid) with two Qibla dircctions (onc towards Jcrusalcm and onc oppositc to Jcrusalcm—assumcd to bc towards Mccca). 237 Tnv N~:uv~i Rvvuniic Tc Sunnis and Shia claim that thc command was lor thc Prophct to now lacc Mccca—Arabia as thc pcrmancnt Qibla. Howcvcr, what thc sccts lail to cxplain is why thc Prophct was lacing Jcrusalcm to bcgin with, cspccially il thc Tcmplc was locatcd in Mccca—Arabia all along as pcr thcir claims: Ðigging dccpcr into this issuc, wc find that thc scctarian argumcnt that Mccca—Arabia was bcing laccd in this changc ol Qibla holds no watcr as turning away lrom Jcrusalcm would not put thc Muslims on a path with such a supposcd location: 8y drawing an imaginary linc lrom Mcdina to Jcrusalcm, wc find that Mccca Arabia is off by a largc distancc—thus rcluting thc argumcnt that Mccca was thc intcndcd locus point ol thc ncw Qibla. Vhat lurthcr raiscs suspicion that thc Qibla was simply shiltcd ‘away’ lrom Jcrusalcm and not towards any city in particular (cspccially not Mccca—Arabia) is that thc original mosquc with two Qiblas has bccn dcmolishcd by thc Saudi govcrnmcnt and a ncw onc built with a singlc Qibla alligncd towards Mccca—Arabia. Tnv N~:uv~i Rvvuniic 238 Te Final Qibla Vhilc thc initial changc in Qibla may havc causcd thc conlusion lor pcoplc to lcan towards thc location ol Mccca—Arabia, it sccms that most commcntators havc misscd thc vcrscs which spcak ol rcvcrting ol thc Qibla back to thc Rcstrictcd Tcmplc ( Jcrusalcm). “We see the shifting of your face towards the heaven; We will thus set for you a focal point that will be pleasing to you: ‘ You shall set yourself towards the Restricted Temple; and wherever you may be, you shall all set yourselves towards it.’ Tose who have been given the Book know it is the truth from their Lord. And God is not unaware of what you do.” (Qur’an 2:144) Tc scctarian commcntators ol thc Scripturc tricd to promotc thc idca that thc changc that God spcaks about in vcrsc 2:144 was thc original onc lrom Jcrusalcm to thc Rcstrictcd Tcmplc (which thcy makc to bc Mccca —Arabia). Tc problcm with this argumcnt is that it ignorcs thc lact that in vcrsc 2:142 God announccs that a changc has alrcady takcn placc and that thc loolish amongst thc pcoplc will commcnt saying: “Vhat madc thcm changc lrom thcir Qibla:” (i.c. thcrc was a Qibla1 which is thc original, and a Qibla2 which has sparkcd thc qucstions). Tcn in rcplying to thc pcoplc in vcrsc 2:143, thc answcr ol God is givcn lor thc rcason lor thc changc by saying “it was a tcst to distinguish thc truc lollowcrs ol thc Prophct.” Finally, altcr this scqucncc, wc arc told that thc Prophct has bccn dircctcd in vcrsc 2:144 to makc thc Rcstrictcd Tcmplc his pcrmancnt Qibla (which cannot bc Mccca –Arabia bccausc thcrc has alrcady bccn onc changc ol Qibla away lrom Jcrusalcm and towards thc oppositc location). 239 Tnv N~:uv~i Rvvuniic Tc only way to cxplain thc currcnt statc ol !slam (giving priority to Mccca—Arabia) is that thc changc back to Jcrusalcm did not takc placc until vcry ncar thc cnd ol thc mission ol thc Prophct and that hc dicd shortly altcrwards whcrcby thc Muslims lragmcntcd and cntcrcd into scvcral civil wars, as pcr thc !slamic history books. Tc victors lrom thcsc conflicts managcd to maintain thc powcr basc in Arabia and dcclarcd that thc tcmplc locatcd in what latcr bccamc known as ‘Mccca Arabia’ was thc placc whcrc thc Sanctuary cstablishcd by Abraham is lound and is thc location ol thc Pilgrimagc. Tis would also cxplain why thcrc is somc archacological conlusion in thc construction ol somc carly mosqucs as thcy had thc lacing ol thcir Qibla to bc lar to thc north ol Mccca towards Jcrusalcm. ¡vcn morc striking, is thc history ol thc Muslim rulcr, Khalila AbdulMalik 8in Marwan, who was so convinccd that Jcrusalcm was thc truc Qibla and ccntcr lor Pilgrimagc that hc procccdcd to scnd an army to attack and dcstroy thc Kaaba in Mccca with catapults whilc at hc samc timc cxpanding thc building ol thc Ðomc ol thc Rock by 691AÐ into thc architcctural mastcrpiccc that it is today. Mecca in the Qur’an Vith rcgards to Mccca, wc find that thc Qur’an docs indccd rclcr to a city/town by such namc and, rathcr than Tnv N~:uv~i Rvvuniic 240 lcnd support to it bcing thc location ol thc Rcstrictcd Tcmplc, thc Qur’an shows us that thc town by this namc was an “obstaclc” lor Pilgrims who wcrc trying to makc thcir way to thc Rcstrictcd Tcmplc, and that thc taking ol this town pavcd thc way lor thc ultimatc conqucst, thc libcration ol thc Rcstrictcd Tcmplc, prophcsicd as an act “yct to comc” according to 48:27. “And He is the One who withheld their hands against you, and your hands against them in the interior of Mecca, after He had made you victorious over them. God is Seer of what you do. Tey are the ones who rejected and barred you from the Restricted Temple, and barred your donations from reaching their destination...” (Qur’an 48:24-25) “God has affi rmed, that the vision of His messenger will come true: ‘ You will enter the Restricted Temple, God willing, secure, with your heads shaven, and shortened - no longer in fear.’ Tus, He knew what you did not know, and He has appointed before this a conquest near at hand.” (Qur’an 48:27) Te Kaaba [Pickthall Translation 5:97] Allah hath appointed the Kaba, the Sacred House, a standard for mankind, and the Sacred Month and the offerings and the garlands. Tat is so that ye may know that Allah knoweth whatsoever is in the heavens and whatsoever is in the Earth, and that Allah is Knower of all things. Vc arc told that thc word ‘Kaaba’ mcans a ‘cubc shapc’ and that thc sitc in Mccca has bccn constructcd in accordancc with this dcsign rcquircmcnt. 241 Tnv N~:uv~i Rvvuniic A photo ol thc Sanctuary in Mccca (thc Kaaba) Howcvcr, thc mcaning ol ‘cubc’ associatcd with this word is not complctcly accuratc as thc word ‘Kaab/Kaaba’ is associatcd in Arabic with any lcaturc that is protruding, such as thc boncs to thc sidc ol thc anklcs as can bc sccn bclow: “O you who believe, if you rise to hold the contact prayer, then wash your faces and your hands up to the elbows, and wipe your heads and your feet to the ankles (Kaabain); and if you have had intercourse, then you shall bathe. And if you are ill, or traveling, or you have excreted feces, or you have had sexual contact with the women, and you cannot not find water, then you shall select from the clean soil; you shall wipe your faces and your hands with it. God does not want to place any hardship on you, but He wants to cleanse you and to complete His blessings upon you that you may be thankful.” (Qur’an 5:6) Tus, any construct, rcgardlcss ol its shapc can bc callcd a ‘Kaaba’ as long as it stands out lrom thc plain. !nlact, wc find that in thc history ol pagan Arabia, cach town had its own ‘Kaaba’ which was a ccntcrpiccc lor Tnv N~:uv~i Rvvuniic 242 worship and a placc lor thc many idols that wcrc scrvcd alongsidc thc Ònc truc God. Vith rcgards to thc tcmplc arca ol Jcrusalcm, wc havc a ‘Kaaba’ in thc lorm ol thc building locatcd on thc Tcmplc Mount ‘Ðomc ol thc Rock’ which has bccn thc loundation building lor worship in thc arca lor many ccnturics and is cvcn considcrcd to bc thc spot lrom which thc Prophct madc his journcy to hcavcn (scc 17:1). Photograph ol Jcrusalcm (Ðomc ol thc Rock) Te Situation of Abraham (Maqam Ibrahim) Anothcr lcaturc which is notcd with rcgards to thc location ol thc Tcmplc in 8akk’a is thc “Maqam !brahim” (Station/Situation ol Abraham) which wc arc told is to bc lound at thc sitc ol thc Tcmplc: “Te first Sanctuary established for the people is the one in Bakk’a, blessed, and a guidance for the worlds. In it are clear signs: the station of Abraham. And whoever enters it will be secure. And God is owed from the people to make Pilgrimage to the Sanctuary, whoever can make a path to it. And whoever rejects, then God has no need of the worlds.” (Qur’an 3:96-97) 243 Tnv N~:uv~i Rvvuniic Hcrc wc can notc an apparcnt discrcpancy lor thc sitc ol Mccca whcrc thc allcgcd “Maqam !brahim” has bccn placcd outsidc thc allcgcd sanctuary/tcmplc whilc it is supposcd to bc insidc. !t sccms that somc carly Muslims wcrc awarc ol this glaring discrcpancy, and as such, a solution was invcntcd that pilgrims wcrc to ‘imaginc’ that thc Maqam/Hijr is locatcd insidc thc tcmplc domain and thus during thc Hajj thc arca ol thc Maqam/Hijr is to bc walkcd ‘around’ and not ‘through’ just as il thcy arc circling a continuous physical part ol thc tcmplc. Vith rcgards to cxplaining why thc Maqam is locatcd in thc wrong placc to bcgin with, thc Muslim scholars havc optcd lor a crudc cxplanation whcrcby thcy claim that thc Kaaba walls wcrc dcstroycd by flash floods during thc lilc ol thc Prophct, but that hc could not mustcr cnough moncy togcthcr to rcbuild thc Kaaba to its original sizc, so hc optcd lor a smallcr Kaaba lcaving thc Maqam outsidc thc sanctuary! To locatc thc truc Maqam and its rclation to thc Pilgrimagc, wc nccd to cxplorc thc word as it occurs in thc Scripturc. Tc word “Maqam” occurs in thc lollowing vcrscs: 2:125, 3:97, 5:107, 10:71, 14:14, 17:79, 19:73, 25:66, 25:76, 26:58, 27:39, 33:13, 37:164, 44:26, 44:51, 55:46, 79:40. Tc mcanings ascribcd to this word as pcr its usagc arc: “Position, status, station, situation, placc.” Looking at thc storics ol Abraham in thc Scripturc and trying to find thc onc that is ncarcst in subjcct to thc Pilgrimagc ritcs, wc comc across thc lamous story whcn Abraham has a drcam in which hc is sacrificing his son. God in His mcrcy intcrvcncs and ransoms thc son ol Abraham with an animal sacrificc. “And when he grew enough to work with him, he said: ‘My son, I am seeing in a dream that I am Tnv N~:uv~i Rvvuniic 244 sacrificing you. What do you think?’ He said: ‘O my father, do what you are commanded to do. You will find me, God willing, patient.’ So when they both had surrendered, and he put his forehead down. And We called him: ‘O Abraham, you have carried out the vision.’ It was such that We rewarded the righteous. Surely, this was an exacting test. And We ransomed him with a great animal sacrifice. And We kept his history for those who came later.” (Qur’an 37:102-108) Tis cpisodc rccordcd in thc Scripturc dcscribcs thc trial/situation ol Abraham with his son. Tus, lor all purposcs, thc placc whcrc this cvcnt took placc may bc dcscribcd as Maqam !brahim. Looking back at thc Tcmplc arca ol Jcrusalcm, wc find that thc stonc outcropping undcrncath thc Ðomc ol thc Rock is whcrc it is claimcd that Abraham was about to sacrificc his son in lulfillmcnt ol 37:102108, and that God ransomcd thc son ol Abraham with an animal sacrificc, which has bccomc a pillar ol thc Pilgrimagc . Photo ol thc Rock within thc Ðomc ( Jcrusalcm) 245 Tnv N~:uv~i Rvvuniic !t is also lound that thcrc arc channcls carvcd into thc rock which arc dcsigncd to siphon liquid to a chambcr bclow, thus making thc Maqam an idcal location lor thc animal sacrificc which is amongst thc ritcs ol thc Pilgrimagc. Arafat—Mountain or Elevated Place? Òn thc subjcct ol Aralat, wc arc told that this is thc namc ol onc ol thc mountains ncar Mccca —Arabia, and it is said that thc Pilgrims must journcy to that location as dccrccd in vcrsc 2:198 and thcn rcturn back to Mccca again. [Pickthall Translation 2:198] “It is no sin for you that ye seek the bounty of your Lord (by trading). But, when ye press on in the multitude from ‘Arafat, remember Allah by the sacred monument. Remember Him as He hath guided you, although before ye were of those astray.” Naming a mountain Aralat and thcn claiming it is thc onc rclcrrcd to in thc Scripturc is no grcat lcat. Howcvcr, as is bccoming typical ol thc mistakcs thc Sunni and Shia scholars arc making with thcir location lor placcs, it is morc important to ask thc qucstion: Vhy would pcoplc invitcd lor Pilgrimagc who arc not ncccssarily bclicvcrs pcrlorm rituals and comc and go to a mountain a lcw kilomctcrs away: Tc obvious answcr is that thcy would not! Tc word “Aralat” in Arabic simply mcans “high/ clcvatcd placc” (that is why thc scholars havc choscn a small mountain to bc givcn this namc). And, il wc lollow thc notion that thc placc ol Pilgrimagc is thc Tcmplc Mount arca, thcn thc vcrsc bccomcs crystal clcar as thc Tcmplc Mount is an clcvatcd arca and hcncc thc pilgrims who gathcr at thc Sanctuary arc by dclault standing at “Aralaat—thc high placc.” Tnv N~:uv~i Rvvuniic 246 Photograph ol Tcmplc Mount in Jcrusalcm showing it as situatcd on an “clcvatcd platlorm” Safa and Marwah “Indeed, the Safa and the Marwah are among the symbols of God. So whoever makes Pilgrimage to the Sanctuary, or is merely visiting, commits no error should he traverse them. And whoever donates for goodness, then God is Tankful, Knowledgeable.” (Qur’an 2:158) Tc Sala and Marwah in Mccca–Arabia arc two small hills/mounds bctwccn which wc arc told Hajar (thc slavc wilc ol Abraham) was running, scarching lor watcr altcr Abraham had abandoncd hcr and hcr inlant with no lood or watcr. Tcn, whilc shc was at thc scvcnth run, !smail miraculously struck his loot at thc ground and a spring ol watcr “Zamzam” burst lorth! Howcvcr, thc cntirc story ol ‘Abraham marrying his slavc girl Hajar and thcn lcaving hcr in thc wildcrncss with !smail bascd on thc wishcs ol his wilc Sarah’ not only has 247 Tnv N~:uv~i Rvvuniic no basis whatsocvcr in thc 8ook ol God, but also conflicts grcatly with thc charactcr ol a Prophct who is dcvotcd to God and who would ncvcr bc prcssurcd by any human into abandoning or harming anothcr pcrson(s). As lar as wc can asccrtain, Abraham was marricd to onc woman, thc samc woman who gavc him !smail and thcn, many ycars latcr, !saac. Vc can also asccrtain that Abraham livcd ncar thc arca ol thc Tcmplc ( Jcrusalcm) and thcrclorc would not havc travclcd hundrcds ol kilomctcrs to carry out such an cxtrcmc act ncvcr mcntioncd in thc Scripturc ol God. Vith rcgards to thc Tcmplc arca ol Jcrusalcm, il wc arc looking lor two protruding points, thcn thcy arc casily locatcd. Tc Tcmplc arca has two stonc outcroppings/ loundations, thc first bcing thc stonc upon which lics thc ‘Ðomc ol thc Rock’ (hcncc thc namc), whilc thc othcr is a stonc upon which a smallcr structurc has bccn built known as thc ‘Ðomc ol thc Tablcts’. Tus, thcsc two lcaturcs, both ol which havc bccn prcscrvcd on thc Tcmplc Mount sitc, can bc claimcd to bc thc ‘Sala’ and ‘Marwa’ (thc stonc and thc rock outcropping) that God has mcntioncd as bcing physical clcmcnts as part ol thc sitc ol Pilgrimagc and arc amongst thc symbols ol God. Summary—Highlighting Jerusalem as Bakk’a: • !slamic history rccords Jcrusalcm as bcing thc first local point, or Qibla, bclorc Mccca. • Tc rccipicnts ol thc Torah and !njccl ( Jcws and Nazarcncs) acknowlcdgc thc significancc ol Jcrusalcm but dcny any knowlcdgc ol Mccca. • Tc namc “8akk’a” is lound in thc Jcwish biblc (scc Psalms 84) as pcoplc arc on thcir way to Jcrusalcm lor Pilgrimagc (to stand bclorc God at Mt. Zion). • A town by thc namc ol ‘Mccca’ is mcntioncd Tnv N~:uv~i Rvvuniic 248 in thc Qur’an as bcing an obstaclc in thc way ol pilgrims to rcach thc Rcstrictcd Tcmplc in 8akk’a (scc Qur’an 48:24). • Controvcrsy and doubt ovcr Mccca bcing thc original sitc ol pilgrimagc has cxistcd sincc thc carly days ol !slam whcrcby thc Kaaba in Mccca was catapultcd and dcstroycd by an !slamic army in thc days ol Abdul Malik 8in Marwan whilc thc Tcmplc in Jcrusalcm was honorcd and upgradcd. • Physical cvidcncc cxists showing mosqucs built altcr thc dcath ol thc prophct with thcir Qiblas (oricntation) towards Jcrusalcm and not Mccca (scc work by Cook and Cronc). • Tc namc “8akk’a” is still lound in city maps ol Jcrusalcm as thc namc ol a vallcy locatcd lcss than fivc milcs lrom thc Tcmplc Mount to thc southwcst. • Tc namc “Jcrusalcm” (city ol pcacc) fits thc praycr ol Abraham lor 8akk’a to bc a city ol pcacc (scc Qur’an 2:126). • Tc Scripturc spcaks ol olivcs growing in thc vicinity ol this town whcrc thc Prophct is situatcd (scc Qur’an 95:13). Òlivcs arc natural to thc arca ol thc Mcditcrrancan (ncar which Jcrusalcm is situatcd) but not Arabia. • Tc Qur’an tclls us that thc ‘Maqam !brahim’ (situation/station ol Abraham) is locatcd within thc Tcmplc at 8akk’a (scc Qur’an 3:97). !n Jcrusalcm wc havc thc rock (upon which thc domc is built) associatcd with thc tcst ol Abraham whcrcby hc ncarly sacrificcd his son. !n Mccca wc havc what appcars to bc lootprints cncloscd by a 249 Tnv N~:uv~i Rvvuniic brass containcr! • Tc rock ovcr which thc Ðomc ol thc Rock is situatcd sccms dcsigncd lor animals to bc slaughtcrcd on it (as cvidcnccd by a holc in thc rock which is thought to drain blood sacrificcs down to a hollow cavcrn bclow). !l so, thcn this would match pcrlcctly thc ritc ol Pilgrimagc and thc slaughtcr ol livcstock lor lcasting and giving to thc poor/nccdy. • Tc Kaaba is situatcd on an clcvatcd arca, which matchcs thc dcscription givcn in thc Scripturc ol thc Pilgrims coming to it lrom low/dccp cnclosurcs (scc Qur’an 22:27). • Tc prophccy ol thc Tcmplc bcing rccntcrcd (scc Qur’an 17:7) whcn thc sccond risc ol !sracl occurs can only bc applicablc il thc Tcmplc is undcr !sracli control (i.c. Jcrusalcm and not Mccca). Timing of Pilgrimage Tc pilgrimagc is hcld during thc thrcc months that lollow Ramadhan in thc calcndar ycar (scc chaptcr 13 lor calcndar dctails), and cach Pilgrimagc would bc hcld with thc sighting ol thc crcsccnt moon and last lor thrcc days (pcoplc may shortcn to two days or cxtcndcd bcyond il nccdcd). “Tey ask you regarding the crescent moons, say: ‘ Tey are a timing mechanism for the people and the Pilgrimage.’ And piety is not that you would enter a home from its back, but piety is whoever is righteous and comes to the homes from their main doors. And be aware of God that you may succeed.” (Qur’an 2:189) “And remember God during a few number of days. Whoever hurries to two days, there is no sin upon him; Tnv N~:uv~i Rvvuniic 250 and whoever delays, there is no sin upon him if he is being righteous. And be aware of God, and know that it is to Him that you will be gathered.” (Qur’an 2:203) “And complete the Pilgrimage and the visit for God. If you are prevented, then simply provide what offering is affordable; and do not shave your heads until the offering reaches its destination. Whoever of you is ill or has an affl iction to his head, then he may redeem by fasting or giving a charity or a rite. If you are secure, then whoever goes to visit, but decides to continue until the Pilgrimage, then he shall provide what offering is affordable; but for he who cannot find anything, then he must fast for three days during the Pilgrimage and seven when he returns; this will make a complete ten; this is for those whose family is not resident at the Restricted Temple. And be aware of God, and know that God is severe in retribution.” (Qur’an 2:196) Rules of Pilgrimage Sincc this call is to all humankind to gathcr and bcncfit in onc location, ccrtain rulcs ol conduct havc bccn spcllcd out, starting with intcnt, that must bc obscrvcd by all who havc agrccd to attcnd: “And complete the Pilgrimage and the visit for God. If you are prevented, then simply provide what offering is affordable; and do not shave your heads until the offering reaches its destination. Whoever of you is ill or has an affl iction to his head, then he may redeem by fasting or giving a charity or a rite. If you are secure, then whoever goes to visit and decides to continue until the Pilgrimage, then he shall provide what offering is affordable; but for he who cannot 251 Tnv N~:uv~i Rvvuniic find anything, then he must fast for three days during the Pilgrimage and seven when he returns; this will make a complete ten; this is for those whose family is not resident at the Restricted Temple. And be aware of God, and know that God is severe in retribution.” (Qur’an 2:196) “Te Pilgrimage months are made known. So who- ever decides to perform the Pilgrimage therein, then there shall be no sexual approach, nor wickedness, nor baseless argument in the Pilgrimage. And any good that you do, God is aware of it; and bring provisions for yourselves, though the best provision is righteous- ness; and be aware of Me O people of understanding.” (Qur’an 2:197) “Tere is no sin upon you to seek goodness from your Lord. So when you disperse from the elevated place, then remember God at the symbol which is restricted, and remember Him as He has guided you; for you were straying before that.” (Qur’an 2:198) “Ten you shall disperse from where the people dis- persed, and seek the forgiveness of God; God is surely Forgiving, Merciful.” (Qur’an 2:199) “When you have completed your rites, then remember God as you remember your fathers or even greater. From among the people is he who says: ‘Our Lord, give us from this world!’ But in the Hereafter he has no part. And some of them say: ‘Our Lord, give us good in this world, and good in the Hereafter, and spare us from the retribution of the Fire.’ Tese will have a benefit for what they have earned; and God is swift in reckoning.” (Qur’an 2:200-202) Tnv N~:uv~i Rvvuniic 252 “And remember God during a few number of days. Whoever hurries to two days, there is no sin upon him; and whoever delays, there is no sin upon him if he is being righteous. And be aware of God, and know that it is to Him that you will be gathered.” (Qur’an 2:203) “And the plump livestock, We have made them for you to be among the symbols of God; you will have benefit in them. So mention the name of God upon them in succession; then, once their sides have become still, you may eat from them and feed with them the poor and the needy. It was thus that We have made them in service to you, that you may be thankful.” (Qur’an 22:36) “Neither their meat nor their blood reaches God, but what reaches Him is the righteousness from you. It was thus that He made them in service to you, so that you may glorify God for what He has guided you to, and give news to the good doers.” (Qur’an 22:37) !t is thus that pcoplc would gathcr, bc shown thc ways ol God, bc shown thc systcm ol God, and bc shown thc mcthods ol spirituality that thcy may pass what thcy havc lcarncd to othcrs. Other Issues Location of Mecca Vith rcgards to thc corrcct location ol thc town ol Mccca that is mcntioncd in thc Qur’an, and taking into account that this town was a physical obstaclc to thc pilgrims and thc offcrings rcaching thc Rcstrictcd Tcmplc (scc 48:2425), and also taking into account that thc Qur’an was rcvcalcd in thc Arabic languagc (scc 12:2, 16:103) it would sccm that thc most probablc candidatc to bcing thc truc town 253 Tnv N~:uv~i Rvvuniic ol Mccca mcntioncd in thc Qur’an is not thc currcnt Mccca—Arabia, but is nonc othcr than thc historic Nabatcan capital currcntly known as ‘Pctra’ in Jordan. Not only is thc town ol Pctra locatcd dircctly on thc path lrom Mcdina/Yathrib to Jcrusalcm/8akk’a, but it is a wcll documcntcd lact that thc Nabatcans arc thc originators ol thc Arabic languagc (thc languagc uscd by thc Qur’an) as wcll as thc rclics and artilacts lound that provc that thcy had principal dcitics such as Laat and Uzza, which arc mcntioncd by thc Qur’an as thc dcitics ol thc pcoplc bcing addrcsscd at thc timc ol rcvclation: “Have you considered Allaat and Al-`Uzzah? And Manaat, the third one? Do you have the males, while He has the females? What a strange distribution! Tese are but names that you made up, you and your forefathers. God never authorized such. Tey only follow conjecture, and personal desire, while the guidance has come to them from their Lord.” (Qur’an 53:19-23) Why Did the Prophet Immigrate to Medina? Tc Prophct may havc bccn originally lrom cithcr Jcrusalcm (8akk’a) or Pctra (Mccca) and hc most likcly migratcd lrom onc or both ol thcsc towns as hc laccd pcrsccution lor sprcading thc mcssagc ol God Alonc. !t would thcrclorc havc madc scnsc lor him to cmigratc south towards thc town ol Yathrib (Mcdina) as hc is moving away lrom thc jurisdiction ol thc Roman ¡mpirc at thc timc. Tc rclocation to Mcdina sccms to havc providcd a much nccdcd boost lor thc mission ol thc Prophct, whcrcby thc Muslims wcrc ablc to livc, in rclativc salcty, undcr thc ncw laws rcvcalcd in thc Qur’an. Tc Muslims in Mcdina also bcncfitcd lrom a swclling in thcir ranks Tnv N~:uv~i Rvvuniic 254 as ncwcomcrs wcrc joining thcm to livc undcr thc ncw systcm ol law and govcrnmcnt that had much to promisc lor its citizcns both spiritually and physically. !s Tcrc Proof of Previous Pilgrimages to the Temple? As Abraham has callcd to thc Pilgrimagc ovcr 3,000 ycars ago, it would bc logical to assumc that thcrc would bc rcmnants/traccs ol prcvious structurcs or buildings on thc arca ol thc Tcmplc Mount. Òthcr than thc stonc, which protrudcs lrom thc Tcmplc Mount and upon which thc Ðomc ol thc Rock is built, wc havc a historical rclcrcncc that a structurc did cxist morc than oncc on this samc sitc and that thc Tcmplc was rcconstructcd and thcn was cxpandcd by Hcrod in 1920 8C. Tc Romans dcstroycd this ncw structurc in 70 A.Ð. during thc “Var ol thc Jcws.” Tc archacological prool lor thcsc claims is lound in inlrarcd imagcs takcn ol thc Ðomc ol thc Rock by Tuvia Sagiv (takcn lrom papcr cntitlcd “Pcnctrating !nsights into thc Tcmplc Mount”) rcvcaling an oldcr pcntagonal loundation bcncath thc currcnt Ðomc ol thc Rock, which indicatcs that this sitc has had a lunction cvcn bclorc thc Ðomc was built. What about the People of the Scripture Following Different Focal Points? “And if you come to those who have been given the Book with every sign they will not follow your focal point, nor will you follow their focal point, nor will some of them even follow each others focal point. And if you were to follow their desires after the knowledge that has come to you, then you would be one of the wicked.” (Qur’an 2:145) 255 Tnv N~:uv~i Rvvuniic Historical cvidcncc lound in thc Òld Tcstamcnt suggcsts that both thc Jcws and Christians/Nazarcncs arc awarc ol thc importancc ol Jcrusalcm: |Ðanicl 6:10| Now whcn Ðanicl kncw that thc writing was signcd, hc wcnt into his housc, and his windows bcing opcn in his chambcr toward Jcrusalcm, hc kncclcd upon his knccs thrcc timcs a day, and praycd, and gavc thanks bclorc his God, as hc did alorctimc. Archacological cvidcncc also confirms that synagogucs lrom thc pcriod bclorc and altcr thc rcvclation ol thc Scripturc wcrc roughly oricntcd to lacc Jcrusalcm. (Avi Yonah, M., Synagoguc Architccturc. !n Encyclopedia Judaica, vol. 15, Ncw York: Macmillan, 1971). Howcvcr, looking at our dccrccd localpoint lrom vcrsc 2:144 bcing thc “Rcstrictcd Tcmplc” (also known as thc Tcmplc Mount, on which thc Ðomc ol thc Rock is locatcd), and not thc grcatcr arca ol Jcrusalcm or Jcrusalcm itscll, wc find that ncithcr Jcws nor Christians acccpt this as thcir oricntation. !n lact, thc Jcws arc “lorbiddcn” lrom that arca by thcir Rabbis, whilc thc Christians scck thc mount ol olivcs ncarby as thcir rallying point whcrc thcy bclicvc Jcsus last praycd. Clcarly, as vcrsc 2:145 suggcsts, thcrc is no conscnsus bctwccn thc Qibla ol thc Scripturc and thc Qiblas lollowcd by thc Jcws and Christians/Nazarcncs. Summary of Pilgrimage • Pilgrimagc is a call to all humankind (to lcarn about thc systcm ol God Alonc, to witncss bcncfits lor thcmsclvcs, to lcast), • Tc location ol thc original Pilgrimagc was at 8akk’a ( Jcrusalcm), ccntcring ncar thc Tcmplc Mount (thc arca on which thc Ðomc ol thc Tnv N~:uv~i Rvvuniic 256 Rock is constructcd), • Tc Pilgrimagc months bcgin altcr thc month ol Ramadhan, lor a total ol thrcc Pilgrimagcs pcr ycar (2:197, 9:5, 9:36), • Tc Pilgrimagc days bcgin with thc crcsccnt moon and last lor a total ol thrcc days in cach month (2:189, 2:203, 2:196), • Ðuring Pilgrimagc, thc highcst moral dcccncy shall bc uphcld (no impropcr conduct, no vilcncss, no basclcss arguing), • A pcriod ol lcasting and lccding thc poor shall lollow thc cnd ol thc Pilgrimagc. Tc timc has comc lor Muslims to rcalign thcmsclvcs with thc Scripturc ol God and to call lor thc cstablishmcnt ol Jcrusalcm as an intcrnational city/sanctuary whcrc all pcoplc can gathcr in pcacc and harmony lor thc grcat Pilgrimagc ol sharing and lcarning. Pcrhaps thc lcgacy ol Abraham, which livcs on in thc Scripturc, will onc day bc cstablishcd oncc again. 257 19 Te Future Starts With You !t has bccn our duty to warn all thosc to whom this mcssagc rcachcs ol a grcat injusticc wc havc all committcd in thc cycs ol God, that is, sctting up partncrs to our Lord God without knowing wc havc donc so. Tc cncmy ol humankind has said: “He [Satan] said: ‘For that which You have caused me to be misled, I will stalk for them on Your straight Tnv N~:uv~i Rvvuniic 258 path. Ten I will come to them from between their hands, and from behind them, and from their right, and from their left; and You will find most of them unthankful.’” (Qur’an 7:16-17) Tc Ðcvil has madc a solcmn plcdgc bclorc our Lord that hc will makc most ol us unapprcciativc ol God and that hc will cnticc most ol us to sct up partncrs with our Lord, and hc has bccn succcsslul… Satan has managcd lrom thc vcry bcginning to cnticc our lorcparcnts (Adam and ¡vc) and havc thcm cvictcd lrom thc Gardcn. Hc managcd to subduc thc pcoplc ol Noah, Salch, Hud, Abraham, Moscs, and Jcsus making thcm rcjcct God as thcir only Lord and Mastcr. And what about us, thc Muslims: Vcrc wc ablc to cscapc lrom thc clutchcs ol Satan: Òr, havc wc lallcn without knowing: “Say: ‘Shall we inform you of the greatest losers? Those whose efforts in the worldly life were wasted while they thought they were doing good!’” (Qur’an 18:103-104) !t is dcstincd that many pcoplc who havc sct up partncrs with God Almighty arc not aware ol what thcy havc donc: “And the Day We gather them all, then We say to the polytheists: ‘Where are your partners whom you used to claim?’ Ten, their only excuse was to say: ‘By God, our Lord, we were not polytheists!’ See how they lied to themselves; and that which they invented abandoned them.” (Qur’an 6:22-24) Tcy will swcar by God Almighty that thcy wcrc not idol worshippcrs! Arc wc all rcady now to also swcar: Arc wc right: 259 Tnv N~:uv~i Rvvuniic Tc 8ook ol God (Tc Scripturc) is thc light and guidancc that wc, as Muslims, must all cling to lor salvation in this lilc and thc Hcrcaltcr… Vhat docs God Almighty havc to say about His 8ook: “ ‘Shall I seek other than God as a judge when He has sent down to you the Book fully detailed?’ Tose to whom We have given the Book know it is sent down from your Lord with the truth; so do not be of those who have doubt.” (Qur’an 6:114) And Hc said also: “And the word of your Lord has been completed with the truth and justice; there is no changing His words. He is the Hearer, the Knower.” (Qur’an 6:115) And again: “Say: ‘If the sea were an inkwell for the words of my Lord, then the sea would run out before the words of my Lord run out;’ even if We were to bring another like it as an extension.” (Qur’an 18:109) Tc Scripturc is complctc, dctailcd, has nothing lclt out, and docs not run out ol words! Somc ol us may havc now undcrstood thc trick that has bccn playcd on thc Muslim masscs by Satan and his countcrparts… Vc do not nccd othcr sourccs such as Hadith, Sunnah, Traditions, Ulcma, !mams, and/ or Madhabs to complctc thc systcm ol God and/or His 8ook. God docs not acccpt that partncrs bc associatcd with Him and that His words not bc hccdcd. “Tese are the revelations of God, We recite them to you with the truth. So, in which narrative after God and His revelations do they believe? Woe to every sinful fabricator. He hears the revelations of God being recited to him, then he persists arrogantly, as Tnv N~:uv~i Rvvuniic 260 if he never heard them. Give him news of a painful retribution.” (Qur’an 45:6-8) Ðo not bc arrogant whcn hcaring thc words ol thc Lord and do not insist on your own way altcr thc guidancc has bccn shown to you… !t is thc Ðcvil who wishcs that you dcny thc words ol God and lollow him and his allics… For such is thc trap: “And who is more wicked than he who was reminded of the revelations of his Lord but he turned away from them, and he forgot what his hands had done. We have made veils upon their hearts from understanding it, and a deafness in their ears. And if you invite them to the guidance, they will never be guided.” (Qur’an 18:57) Vhosocvcr continucs to takc partncrs with thc Almighty, thcn thc risk is a crimc that God will not lorgivc: “God does not forgive that partners be set up with Him, and He forgives other than that for whom He pleases. Whoever sets up partners with God has indeed invented a great sin.” (Qur’an 4:48) Arc wc not surpriscd that thc complaint ol our bclovcd Prophct Mohammcd on Judgmcnt Ðay will bc: “And the messenger said: ‘My Lord, my people have deserted this Qur’an.’” (Qur’an 25:30) Vc havc dcscrtcd thc Scripturc by not bclicving in what it said, wc havc dcscrtcd thc Scripturc by not trusting in thc ctcrnal words ol God and in taking othcr sourccs lor our guidancc… Vc havc givcn oursclvcs and our minds ovcr to othcrs to rcad lor us, cxplain lor us, think lor us and act as God lor us. Satan has cntcrcd thc Muslims through thcir lovc lor thc Prophct and thcir dcsirc to lollow thc command 261 Tnv N~:uv~i Rvvuniic ol God to “obcy thc Mcsscngcr.” !s it not a lact that thc Scripturc contains thc words ol both God and His Mcsscngcr: !ndccd, hc who has acccptcd and lollowcd thc Scripturc has acccptcd and lollowcd both God and His Mcsscngcr. “And when God alone is mentioned, the hearts of those who do not believe in the Hereafter are filled with aversion; and when others are mentioned besides Him, they rejoice!” (Qur’an 39:45) Altcr rcading thc abovc passagc, ask yourscll thc lollowing qucstion: Can you stand to mcntion God Alone: God docs not lorgivc that partncrs bc cstablishcd with Him, but Hc lorgivcs othcr than this… Rcflcct on what has bccn said and rcflcct on your vcry livcs lor it is your soul that is at stakc. Rcad thc 8ook ol God as il you’vc ncvcr sccn it bclorc, rcad it with your cycs, cars and mind and rcflcct on cvcry word that is bcing said to you. Takc nothing lor grantcd and do not allow anyonc to makc your dccisions. For on thc Ðay ol days, you will bc standing alonc, and you will havc to answcr lor your own dccds and your own choiccs. We Must Change Tc objcctivc ol this book has bccn to awakcn thc Muslim rcadcr as to thc corc problcms that havc plagucd our undcrstanding ol thc systcm ol !slam. Tc problcms that havc turncd it lrom a vibrant and dynamic systcm that lcd thc world and sct thc rolc modcl lor justicc and cquality into a systcm ol dogmatic practiccs and supcrstitious bclicls that sprcad ignorancc and injusticc. Tc hcart ol this vibrant and dynamic systcm has always bccn thc Scripturc, which is thc jcwcl in thc crown and thc bcacon lrom hcavcn to lcad us out ol thc darkncss and into thc light. Tnv N~:uv~i Rvvuniic 262 Upon comparing !slam as rcvcalcd by God and His Mcsscngcr to thc “vcrsions” bcing lollowcd by up to 1.2 billion pcoplc, thc diffcrcnccs arc quitc ¡arthshattcring: • !n !slam, thc rcquircmcnt to bc a Muslim is to simply acccpt and livc according to thc “Straight Path” (6:151153), vs. thc Sunni or Shia fivc and tcn pillars, which comc lrom unauthorizcd books. • !n !slam, abolishing slavcry is taught to bc an act ol rightcousncss (90:1213), vs. Sunni and Shia tcachings, which cncouragc slavcry undcr war. • !n !slam, womcn arc ncvcr lorbiddcn lrom praying or lasting during mcnstruation (2:222) nor is thcrc a spccific drcss codc (i.c., thc hcadscarl ) imposcd on thcm bcyond modcsty, vs. thc Sunni and Shia which tcach thc undcrmining ol womcn and lorcing thcm to covcr thcir hair and avoid praying or lasting at ccrtain timcs. • !n !slam, a man or womcn may lcavc a will, altcr scttlcmcnt ol dcbt (4:12), vs. Sunnis who rclusc to acccpt wills il thcrc arc any dircct dcsccndants. • !n !slam, monogamy is thc basis lor normal rclationships, whilc polygamy is only allowcd in cascs involving a man marrying thc mothcrs ol orphans alrcady undcr his guardianship (4:3), vs. Sunnis whcrc a man may bc a polygamist simply il hc can afford to, and Shia which allow scx lor plcasurc (Mut’a). • !n !slam, divorcc is cnlorccablc only altcr an intcrim pcriod, and it may bc madc nullificd il thc couplc rcconcilc bclorc thc cnd ol this pcriod (65:1, 65:4), vs. Sunni tcachings that 263 Tnv N~:uv~i Rvvuniic dcstroy lamilics by allowing a divorcc to occur on thc spot with no waiting pcriod and no nullification. • !n !slam, thicvcs do not havc thcir hands cut off but arc dctaincd and madc to scrvc as a punishmcnt lor that which is stolcn (12:76), vs. Sunni and Shia tcachings which brutally amputatc thc hands causing disability. • !n !slam, adultcry is not punishablc by killing or stoning (24:2), vs. Sunni and Shia laws ol stoning marricd adultcrcrs to dcath. • !n !slam, absolutc lrccdom ol laith is allowcd (2:256, 10:99, 18:29, 88:2122), vs. Sunni and Shia rcquiring apostatcs to bc killcd and rcjccting thc practicc ol othcr laiths. • !n !slam, pcoplc arc acknowlcdgcd as bcing divcrsc and cach is to bc rcspcctcd lor his/hcr lcvcl ol spiritual growth (49:14), vs. Sunni and Shia tcachings that all lollowcrs ol thcir rcligion must think, act and cvcn look thc samc (cult syndromc). • !n !slam, war can only bc dcclarcd in cascs ol sclldclcnsc or to avcrt opprcssion (2:190), vs. Sunni and Shia tcachings allowing raids and attacks on any pcoplc who arc considcrcd non Muslim by thcir standards. • !n !slam, any pcrson at any timc can pray to God (2:186), vs. Sunni and Shia tcaching that praycr can only bc carricd out at spccific timcs and in a spccific lorm. • !n !slam, Pilgrimagc is a ccntcr lor gathcring ol nations and lor all to witncss thc bcncfits ol thc monothcistic lorm ol govcrnmcnt and Tnv N~:uv~i Rvvuniic 264 lrom bcing togcthcr (22:2728), vs. Sunni and Shia, which bring in polythcistic rituals and supcrstition (touching ol black stonc, circling scvcn timcs, ctc.). • !n !slam, a ycar is a lunisolar count madc ol 365 days (17:12, 9:36), with all thc scasons fitting in placc, vs. thc Sunni tcaching that it is to bc a lunar onc bascd on 354 days, which crcatcs conlusion ol scasons and timc. • !n !slam, malcs and lcmalcs arc not rcquircd to bc circumciscd (32:7), vs. Sunni and Shia tcachings rcquiring all malcs to bc circumciscd and lcmalcs in somc cascs. • !n !slam, music, statucs, gold, and silk arc lawlul (7:3233, 16:116), vs. Sunni and Shia bclicls lorbidding silk and gold lor mcn whilc not allowing music and statucs lor anyonc. • !n !slam, rulc ol govcrnmcnt is undcr a constitution dcrivcd lrom thc 8ook ol God and by lrcc spccch (5:48, 42:38), vs. Sunni tcachings allowing thc risc ol dictators or monarchs, and Shia tcachings that uphold scllappointcd rcligious lcadcrs bascd on gcncalogy. Tcrclorc, thc widcst diffcrcncc is that !slam is a monothcistic, clcar, consistcnt, dynamic, progrcssivc and balanccd systcm. !t is a systcm that climinatcs conjccturcs, hcarsay, lairy talcs, contradictions, hardship, conlusion, chaos, and division. !slam is a systcm that puts morc acccnt on thc usagc ol intcllcct, rcason, pondcring ovcr God, His Crcation, mcaning ol lilc, and pondcring ovcr cvcrything clsc. Tc sccts, on thc othcr hand, rcprcscnt supcrstition, unlair trcatmcnt lor noncult mcmbcrs, incquality ol thc scxcs, opprcssion ol human rights, inability to contributc 265 Tnv N~:uv~i Rvvuniic to human progrcss, amputations or physical violcncc, rcgrcssion ol idcas and thoughts to primitivc lcvcls ol barbarism, and most importantly sctting up partncrs with thc Ònc Truc God and thus promoting polythcism. Now, thc choicc that wc as Muslims lacc is a diffi cult onc: Ðo wc continuc implcmcnting and upholding thc tcachings ol thc sccts that havc provcn thcir lailurc timc and timc again and that havc takcn our socictics dccpcr into thc abyss ol hatrcd, corruption, opprcssion, incquality, injusticc, and intolcrancc: Òr, arc wc willing to takc thc path ol God Alonc and implcmcnt thc idcal systcm containcd within thc pagcs ol thc Scripturc: What Can You Do? 8clow arc lour stcps that wc ask thc rcadcr to undcrtakc: 1. Verify What Has Been Said Tis book has bccn writtcn to promotc a ncw dawn lor !slam and a rcturn back to thc purc tcachings ol God and His mcsscngcr. !l thcrc is only onc thing to bc lcarncd lrom this book, thcn that is thc rcquircmcnt that wc should all verify cvcry singlc piccc ol inlormation wc arc givcn by taking nothing lor grantcd. “And do not uphold what you have no knowledge of; for the hearing, eyesight, and heart - all these you are responsible for.” (Qur’an 17:36) 2. Correct Your Mistakes !l you havc vcrificd thc inlormation and bccn witncss to thc vcrscs that arc quotcd, thcn thc ncxt stcp is to changc thosc aspccts in your lilc that arc at contrast with thc tcachings ol thc Scripturc. !l you arc cxpccting a ncwborn son, thcn do not circumcisc him. !l you arc wcaring thc Hijab, thcn know that it is not rcquircd by God that you Tnv N~:uv~i Rvvuniic 266 do so. !l you arc still pcrlorming rituals promotcd by Hadith, thcn abandon thcm and wash yourscll clcan ol all idolatry. Spcak truth, hclp othcrs, givc charity, bc humblc, do not backbitc, do not cursc, do not commit lcwdncss… Tcsc arc all thc signs that a pcrson has lollowcd thc light and bcacon scnt to us by God, by upholding thcm and bccoming an cxamplc to humankind. “And whoever repents, and does good, then he shall repent towards God a true repentance. And those who do not bear false witness, and if they pass by vain talk they pass by with dignity. And those who when they are reminded of the revelations of their Lord, they do not fall on them deaf and blind. And those who say: ‘Our Lord, grant us from our mates and our progeny what will be the comfort of our eyes, and make us leaders of the righteous.’ Tese will be rewarded with a dwelling for what they have been patient for, and they will find in it a greeting and peace. In it they will abide, what an excellent abode and station.” (Qur’an 25:71-76) 3. Advise Others Sprcad thc word ol God to thosc around you bcginning with your lamily and closc circlc and thcn cxtcnding outward (20:133). Ðo not rcmain silcnt whcn you scc lalschood bcing carricd out, or thc words ol God bcing twistcd and licd about. Abraham has sct thc prcccdcnt lor us whcn hc conlrontcd his pcoplcs’ misguidcd bchavior and riskcd bcing thrown in thc firc lor his actions (6:80). Howcvcr, rcmcmbcr that thc ultimatc guidancc can only comc lrom God, thcrclorc you shall invitc pcoplc to His path with kind words and good advicc and ncvcr through harshncss or lorcc or intimidation, lor thcsc arc not ways sanctioncd by God. 267 Tnv N~:uv~i Rvvuniic “Invite to the path of your Lord with wisdom and good advice, and argue with them in that which is better. Your Lord is fully aware of who is misguided from His path, and He is fully aware of the guided ones.” (Qur’an 16:125) “It was a mercy from God that you were soft towards them; had you been harsh and mean hearted, they would have dispersed from you; so pardon them and ask forgiveness for them, and consult them in the matter; but when you are convinced, then put your trust in God; for God loves those who put their trust.” (Qur’an 3:159) 4. Promote Implementation of the System of God Tc path ol monothcism is through pcacclul and opcn dcbatc. !t is a path ol nonviolcncc. Tc Scripturc only pcrmits fighting whcn attackcd or aggrcsscd against and ncvcr is it pcrmittcd as a political vchiclc to bring changc by lorcc. ¡ducatc yourscll to thc mcrits ol thc systcm ol lilc and govcrnmcnt in thc Scripturc and bcgin to lobby lor its implcmcntation. Show pcoplc how thcir rights would bc protcctcd, how thcir taxcs would bc limitcd, how thcir nccds would bc rcprcscntcd, and how law within such a constitution would cnsurc thcir lrccdoms. “He is the One who sent His messenger with the guidance and the system of truth, so that it will expose all other systems, even if the polytheists hate it. ‘O you who believe, shall I lead you to a trade that will save you from a painful retribution? Tat you believe in God and His messenger and strive in the cause of God with your money and your lives. Tis is best for you, if only you knew.’” (Qur’an 61:9-11) Tnv N~:uv~i Rvvuniic 268 It is not too late… Gonc arc thc days ol dictators and kings and corrupt lcadcrs and burying inlant girls in thc sand… Gonc arc thc days ol lying about God and His Mcsscngcr by invcnting laws and rulcs and rcgulations in thcir namc… Vc can still work to corrcct what has gonc wrong with our socictics and to prospcr–likc thc pcoplc ol Jonah did– in this world and thc ncxt: “If there was any town that benefited from its belief, then that would be the people of Jonah. When they believed, We removed from them the retribution of disgrace in this worldly life, and We let them enjoy until a time.” (Qur’an 10:98) 8ut rcmcmbcr... God docs not changc anything unlcss wc makc thc first stcp: “Tat is because God was not to change any blessing He bestowed upon a people, unless they change what is in themselves. God is Hearer, Knowledgeable.” (Qur’an 8:53) Vc arc calling pcoplc back to thc Qur’an. Vc arc calling pcoplc back to thc truc tcachings ol !slam. Vc arc calling pcoplc back to thc path ol God Alonc. For lurthcr inlormation, plcasc rclcr to thc wcbsitcs: www.lrccminds.org www.brainbowprcss.com www.progrcssivcmuslims.org Òr cmail to lrccClrccminds.org Also by Te Monotheist Group...
F ov :~xv ccnturics, !slam has bccn primarily subcatcgorizcd as cithcr ‘Sunni’ or ‘Shia’ or onc ol thc many othcr dcnominations that havc cmcrgcd ovcr thc ycars. As such, all translators havc bclongcd to onc school ol thought or anothcr which clcarly comcs across in thc intcrprctation ol and choicc ol translation lor spccific words or vcrscs.
Tnv Quv’~x — A Moxo:nvis: Tv~xsi~:iox ! s :nv rcsult ol a group cffort by pcoplc who do not bclong to any dcnomination, and, lor thc first timc in many ccnturics, arc simply proud to call thcmsclvcs ‘Muslims,’ submitting to God alonc. Also, Tnv Quv’~x—A Moxo:nvis: Tv~xsi~:iox is uniquc in thc lact that it uscs ncithcr lootnotcs nor commcnts, lctting thc tcxt spcak lor itscll and dclivcring to thc rcadcr as closc a rcndition ol thc purc mcssagc ol thc Qur’an as physically possiblc. w bb a c tt ss T TTTT tt
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