1

The
Religion of
Islam
A standard book

By
Dr. Ahmed A. Galwash, Ph. D., litt. D


Volume TWO




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C Co on nv ve ey yi in ng g I Is sl la am mi ic c M Me es ss sa ag ge e
S So oc ci ie et ty y
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E Eg gy yp pt t
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R Re eg gi is st te er re ed d C Ch ha ar ri it ty y N No o. .
2


The Religion of Islam
Table of Contents
Page
Chapter

7
PART I- PRACTICAL DEVOTIONS

7 I- PRAYERS TO GOD
9
Prayer – A Principle of Action
12
Time of the Five Stated Prayers
12
Aim of the Prayers
12
Muslim Prayer – A Spiritual Diet
14
Description Of The Muslim Prayers
14
Ablution
16
Purification
16
How the Prayer Service is Performed
24
The Stated Daily Prayers
26
The Friday Prayer Service
26
The Qunut
27
Special Service

30 II- ZAKAT OR LEGAL ALMS
31
Zakat
31
(a) Camels
31
(b) Bulls, Cows and Buffaloes
32
(c) Sheep and Goats
32
(d) Horses
32
(e) Silver
33
(f) Gold and Silver Ornaments
33
(g) Cash, Bank-notes, etc.
33
(h) Articles of Merchandise
33
(i) Mines or Buried Treasures
33
(j) Fruits of the Earth
34
Expenditure of Income from Zakat
35
Supplementary Notes

37 III- FASTING

40
IV- PILGRIMAGE
40
Pilgrimage As A Fundamental Institution
41
Certain Rites of the Institution
42
Sunni Way of Performing The Pilgrimage
47
Summary Of The Fundamental Enjoinments Relating To
3
Pilgrimage
48
Stanley Lane Pool’s Comments
49 PART II- TRANSACTIONS

49 V- MARRIAGE
51
Marriage – A Civil Contract
52
Kinds Of Divorce
52
Different Forms of Divorce
53
Prohibited Marriages
53
Suggested Reconciliation
53
Prohibited Marriage Relations In Islam
54
Religious (eremonv On 1he Occasion Oí Marriage
55
Marriage lesti·als
55
Inequalitv Oí 1he 1wo Sexes Regarding Di·orce
56
Limitation oí Di·orce
59
Islamic Legal Status oí a Married \oman

60 VI- INHLRI1ANCL
60
Law oí inheritance
61
Giíts And Donations
62
Points oí (ontact
62
A - Legal leirs And Sharers
64
B - Residuaries
66
( - Distant Kindred

69 VII- SALL AND USURY
71
Usurv
72
Lawíul 1ransactions
76
Koran Lnjoinments Relating to 1rade and Usurv

77 VIII- OWNLRSHIP
77
Kinds And Di·isions Oí Propertv Ownership
80
Di·isions oí \aqís

81 PAR1 III- PLNAL LAWS

81 IX- CRIMINAL IN1LN1IONAL INJURY
82
(rime Oí Murder

84 X- ADUL1LRY
85
Punishment lor Slander

85 XI- 1HLI1 AND ROBBLRY

4
88 XII- DIVISIONS OI PUNISHMLN1

89 XIII- DISCRL1IONARY CORRLC1ION OR 1A'ZIR
93 XIV- SINIUL AC1S
93
(lassiíication
95
Permissible And Prohibited lood

96 PAR1 IV- MORALI1ILS

96 XV- MUSLIM L1HICAL BASIS OI SOCIAL LIIL
97
Position Oí \omen In Islam

99 XVI- MUSLIM L1HICS AND MORALI1ILS
100
Directions Relating to Reíormation oí Man`s Lxternal Liíe

104 XVII -1HL MORAL CONDI1IONS
104
(hastitv
108 Honesty
110 Peacefulness
111 Politeness
112 Forgiveness
113 Goodness
115 Courage
116 Veracity
117 Patience
118 Sympathy

119 XVIII- TRUE BELIEVERS
119 Their Manners And Characters As Described In The Koran


122 PART V- MUSLIM JURISPRUDENCE
AND THEOLOGY

122 XIX- KORAN AND JURISPRUDENCE


124 XX- KORAN - FIRST SOURCE OF JURISPRUDENCE
126 Divisions Of The Koran
127 Orientalists Reviewing The Koran


128 XXI- THE TRADITIONS- SECOND SOURCE OF
JURISPRUDENCE


129 XXII- TRANSMISSION OF HADÎTH IN PROPHET’S LIFETIME
130 Why Hadîth Was Not Generally Written


5
131
XVIII- THE EARLIEST PRESERVATION OF TRADITIONS
131 Collection of Hadith (First Stage)
132 Collection of Hadith (Second Stage)
134 Collection of Hadith (Third Stage)
135 Collection of Hadith (Fourth Stage)
135 Collection of Hadith (Fifth Stage)


138 XXIV- THE KORAN IS THE GREATEST TEST FOR JUDGING
HADÎTH


139 XXV- THE STYLE OF COMPOSITION EMPLOYED IN THE
IMPARTING OF TRADITIONS


140 XXVI- DEGREES OF AUTHENTICITY OF THE NARRATORS


141 XXVII- RULES FOR DISTINGUISHING FALSE TRADITIONS


143 XXVIII- IJMA’ - THE THIRD FOUNDATION OF ISLAMIC LAWS
144 Establishment of Ijtihad
145 The Four Great Divine Doctors
147 Different Methods Forming New Laws


147 XXIX- DEGREES OF IJTIHAD
148 ‘Qiyas’ or Analogy
149 Istihsan or Equity
149 Istislah or Public Good
149 Istidlal or Inference
150 Ways of Inferring “Ijma”


151 PART VI- JIHAD

151 XXX- THE RELIGIOUS DEFENSIVE WARFARE
151 Koranic Verses on Jihad
156 Observance of Jihad


156 XXXI- MISCONCEPTION OF THE DUTY OF JIHAD
157 Islam Was Not Spread By Force
158 Fearful Wars of The Christian Clovis


159 XXXII- PAYMENT OF TRIBUTE CALLED "JIZIA"
160
Islam. Jizia or 1he Sword
161 Directions Relating to War
162 Treatment of The Prisoners of War
163 Prisoners of War Not Slaves
164 War as a Struggle to Be Carried on Honestly


165
PART VII- SPIRITUAL ASPECT OF ISLAM

6
165 XXXIII- THE TREASURES OF HAPPINESS
165 1- The knowledge of self.
171 2- The Knowledge of God
177 3- The Knowledge of This World
180 4- The Knowledge of The Next World
184 5- The three Stages of Man’s Development
189 6- Self Examination The Recollection and Love of God

7
ív tbe ^ave ot .ttab tbe ßeveticevt tbe Mo.t Mercitvt

The Religion of Islam
By
Dr. Ahmed A. Galwash, Ph. D., litt. D
A standard book,
Companion and Introductory to the
Koran
Volume Two
PRLlA(L
n pursuance oí the design alluded to in the preíace to Vol. I oí this
digest oí the Religion oí Islam.` Vol. II oí the said work is now
presented embodving the practical de·otions. legal transactions.
punishments. moralities. íoundations oí Islamic jurisprudence and
theologv. together with an exposition oí the spiritual aspect oí the
Muslim religion.

Beíore gi·ing an account oí the contents oí the present ·olume. it
mav be proper to gi·e some explanation about the Islamic law. 1he
Islamic Law proceeds in its determinations upon two ground: the text oí
the Koran and the ´vvva or the Oral Law or the 1raditions oí the
Prophet.

1. 1he Koran is considered bv Muslims as the basis oí their law: and is
thereíore. when applied to judicial matters. entitled bv wav oí
distinction` .t·´bari`a` or the Law. in the same wav as the Pentateuch is
distinguished bv Jews.
1he precepts oí the Koran are oí two prescriptions: prohibitorv and
injuncti·e. In their application. thev are alwavs considered as
unquestionable and irreíragable.
Re·iewing the Koran in a íew words. Bosworth Smith states:`..It is
a book which is a poem a code oí law. a book oí common praver. and a
bible in one. and is re·erenced to this dav bv a sixth oí the whole oí the
human race as a miracle oí puritv oí stvle. oí wisdom and truth. It is the
standing miracle claimed bv Mohammad . and a viracte indeed it is`
1,

2. As regards the ´vvva. it literallv signiíies custom. regulation or
institution. 1he ´vvva stands next to he Koran in point oí authoritv.
being considered as a commentarv to the lolv Book. It íorms the bodv

(1) vide “Muhammad and Muhammedanism,” by Prof. Bosworth Smith, P. 34.
I
8
oí what is termed the Oral Law. because it was not committed to writing
bv the scribes oí the Prophet. it being deduced solelv írom his
traditionarv precepts. savings and practice preser·ed írom mouth to
mouth bv authorized persons.

Aíter the Prophet`s death. the institutions oí the ´vvva were at íirst
quoted bv his companions merelv to settle occasional disputes or to
restrain men írom certain actions which the Prophet had prohibited: and
thus in the process oí time. thev became a standard oí judicial
determinations. 1he ´vvva applies to manv points oí both de·otional
and temporal natures.

1he mode oí collection oí the standard traditions is íullv dealt with in
its proper place in the present work. 1here are beside these. a multitude
oí traditions cited bv Muslim commentators concerning the acts and
savings not onlv oí the Prophet. but also oí his companions and
immediate successors. which. though not oí equal authoritv. are
ne·ertheless admitted to ha·e some weight as precedents in judicial
decisions. when not repugnant to reason or contradicted either bv the
Koran or the ´vvva.

la·ing explained the íoundations oí the Islamic Law. we shall next
endea·our to gi·e an account oí the state oí societv in Arabia-the
birthplace oí Islam- when the Arabian Prophet began to introduce the
Islamic svstem oí jurisprudence among the íollowers and subjects oí
Islam. 1o enter into this. in detail. would be much bevond the author`s
design and would occupv more space than a mere preíace would admit
oí. lowe·er. it is suííicient íor our purpose to remark that the Arabians
were di·ided into two main classes or descriptions oí men: the
townsmen and the wandering nomads in the desert. 1he íormer pursued
commerce and husbandrv. \hilst the latter. that is the great bodv oí the
nation. íollowed the usual occupations oí the pastoral liíe: thev
occasionallv made inroads upon their more wealthv neighbours. attacked
the cara·ans. and plundered the tra·ellers. Bv the ad·ent oí Islam and
through its gradual training and guidance. the tribes oí the desert united
their íorces and. issuing írom their nati·e wilds. o·erran the
neighbouring nations with an uninterrupted uniíormitv oí success to
which historv opposes to parallel`
1


\hen the Prophet Muhammad started to exercise his prophetic
powers. he íound his countrvmen. in general. sla·es to the most gross

(
1
) Vide Hamilton’s “Hidaya,” Prelim. Disc., P. XXX.

9
and stupeíied idolatrv. 1he paganism oí the Sabians had o·errun almost
the whole nation. lrom Persia. the eastern tribes had caught much oí the
superstitions oí the Magians. 1here were indeed numbers oí Jews and
(hristians. 1he íormer had se·eral considerable establishments and
manv whole tribes had embraced the Mosaic (reed or the Gospel.` But
their conduct and principles`- writes Proí. Standish Gro·e Gradv -
little deser·ed the titles thev assumed. 1he Jews paid more regard to the
íabulous traditions oí their Rabbins than to the se·ere and
unaccommodating precepts oí the Pentateuch: and the eastern
churches`-continues Proí. Gradv- were di·ided and con·ulsed bv
scholastic disputes in which. instead oí the mild and íorbearing spirits oí
(hristianitv. nothing but mutual rancour. malice and uncharitableness
pre·ailed whilst the pure and simple worship inculcated bv its Di·ine
Author had degenerated into mere outward show. expressi·e onlv oí a
debasing and idolatrous superstition`
1,


Proí. Bosworth Smith remarks: As to the Pagan Arabs the nice
distinctions oí propertv were imperíectlv understood: each tribe was
go·erned bv its own law and disputed causes were either reíerred to the
determination oí the chieí or more írequentlv, decided bv an appeal to
the sword.

Pri·ate re·enge was not merelv tolerated. but encouraged. and the
justice and necessitv oí it inculcated. lence e·erv dissension was the
occasion either oí single combat or oí ci·il war. and tradition íurnishes
us with accounts oí abo·e 1.500 battles íought beíore the introduction
oí the Islamic svstem.

Indeed. halí pagan and halí (hristian. halí ci·ilised and halí
barbarian it was gi·en to Mohammad in a mar·elous degree to unite the
peculiar excellences oí the one with the peculiar excellence oí the other.
lead oí the state as well as oí the (hurch. he Mohammad , was
(aesar and Pope in one: but he was Pope without Pope`s pretensions.
(aesar without the legions oí (aesar. \ithout standing armv. without a
íixed re·enue. ií e·er a man had the right to sav that he ruled bv a right
di·ine. it was Mohammad. íor he had all the power without its
instruments`
2,.

Dealing with the social changes brought bv the Prophet. Dr. Noldeke
states:

(1) vide Hamilton’s “Hidaya,” Prelim. Disc., P. XXX.
(2) cf. Prof. Bosworth Smith in his “Mohamed and Mohammedanism,” P. 340.

(3) Dr. Noldeke’s in his book on “Islam,” p. 126.
10
One íact among others. bv which we can estimate the striking
impression the Prophet produced upon the Arabs. is that each tribe once
submitted. or adopted his religion. it renounced the right oí retaliation
íor the bloodshed in the struggle. Under other circumstances. this
renunciation oí blood-re·enge. or oí wergild at least. would ha·e seemed
to the Arab the lowest depth oí humiliation. 1his was. indeed. so striking
a íeature oí the new brotherhood that it could not íail to make a silent
but deep impression upon the unbelie·ing multitude who now began to
íeel the power oí the new religion.

1o those who seek miracles. this glorious result. achie·ed in less
than a decade. constitutes a real and splendid miracle oí Islam. which
alone gi·es it the title. to be ranked as a great religion and wonderíul
ci·ilising agencv`
1,


In an exquisitelv beautiíul passage íull oí grace and wisdom. the lolv
Koran. draws a contrast between the liíe and manners oí Arabs in the
shade oí Islam and those in pre-Islamic times: and urges upon the true
belie·ers a true union oí hearts. and dwells on the real purpose oí the
ad·ent oí the new religion. lere is a rendering oí the ·erses:

O ye betierer.. tear Coa a. íe ae.erretb to be tearea: ava aie vot bvt a.
trve Mv.tiv. ava bota ye ta.t by tbe Cora ot Coa. att ot yov. ava ao vot
.catter yovr.etre.. ava revevber Coa`. gooave.. torara. yov. ava bor tbat
rbev yov rere evevie.. íe vvitea yovr beart.. ava tbrovgb íi. grace. ye
becave bretbrev. ava rbite ye rere ov tbe briv/ ot tbe pit ot tire. íe .area yov
trov it: tbv. ctearty Coa .boretb íi. .igv.. tbat ye vay be gviaea. .va tet
tbere be avovg yov .ove peopte rbo ivrite to tbe gooa. ava evioiv tbe rigbt ava
torbia tbe rrovg: ava tbe.e are tbey rbo .batt pro.per.
t2)


1he reader shall íind in this ·olume the numerous rules. regulations.
directions. institutions and guidance which ha·e been the basis upon
which the Lmpire oí Islam was built. 1he Prophet Muhammad did not
onlv promulgate a religion. but he also laid down a complete social
svstem. containing minute regulations íor a man`s conduct in all
circumstances oí liíe. with due rewards and penalties. according to his
íulíillment or otherwise oí these rulings. 1he social and the religious
parts oí Islam are so inseparablv bound up that it is impossible to cut oíí
the one írom the other without destroving both. Religion according to
Islam should not onlv lav down the law oí relation oí man to God. but

(
1
) Dr. Noldeke’s in his book on “Islam,” p. 126.
(
2
) Quran, Chapter III – 103.
11
should also regulate and distinctlv deíine the proper relation between
man and his íellow-beings.
lence this Vol. II oí the digest oí the Religion oí Islam is compiled
to complete the sur·ev oí the religion in its three sides: the de·otional.
the social and the spiritual.
1he attention oí the authorities oí the Islamic (ongress in (airo was
directed to the necessitv oí ha·ing an Lnglish simpliíied digest oí the
practical institutions and judicial laws oí the religion oí Islam careíullv
compiled íor the use and beneíit oí the Lnglish-speaking Muslim
communities all o·er the world. 1hev were prompt to grant their
re·erenced patronage to the author to continue his endea·ours towards
this end.

lence the present Vol. II oí )be Retigiov ot í.tav.` oí which
Volume I was published a íew vears ago and uni·ersallv recei·ed with
remarkable appreciation.

1he ad·antages to be deri·ed írom a de·elopment oí the institutes oí
the Islamic religion are not coníined onlv to the use oí those Muslims
whose lack oí knowledge oí the Arabic language kept them rather in
ignorance oí the details oí their religious svstem. but thev extend also to
the beneíit oí numerous inquirers in the \est who seem unsatisíied with
the misleading accounts oí the Muslim Religion as gi·en bv íoreign
critics or missionaries. whose writing on a diííerent íaith other than their
own is naturallv bounded with certain partv spirit. 1hev desire
iníormation deri·ed írom the íountain-head and not through adulterated
channels.

In a political ·iew. it is humblv presumed that this work will not be
íound uninteresting. At the present e·entual period. when we ha·e seen
colonization. íanaticism and despotism are about to eclipse and new
conditions oí real democracv and tolerance springing into birth. the
long-ri·eted chains oí capitalism seem hastening to be broken. 1hus it is
to be hoped that the de·elopment oí publications on the Religion oí
Islam shall be the ambassador oí goodwill between Last and \est.

It is also to be rightlv hoped that thev will contribute to a íuller
knowledge oí the great cultural heritage oí the Last. íor onlv through real
understanding will the \est be able to appreciate the underlving
problems and aspirations oí the Last todav. 1he author is coníident that
a deeper knowledge oí the great ideals and loítv philosophv underlving
the Religion oí Islam will help to a re·i·al oí that true spirit oí charitv
which neither despises nor íears the notions and teachings oí another
creed.
12
1he author earnestlv trusts that his modest endea·our will ser·e in
some degree to remo·e misconceptions as to the precept oí the message
oí Islam. particularlv with respect to tolerance in Islam and the status oí
woman. It is a recognized íact oí historv that in the dark ages oí the
(rusades. the truth was constantlv per·erted íor the sake oí political
ends. So íar. where·er scientiíic thought has not iníused a new soul. and
where·er true culture has not gained a íoothold. the old spirit oí
exclusi·eness and intolerance. the old ecclesiastic hatred oí Islam.
displavs itselí in writing. and in public speeches.
It is earnestlv hoped that the modern spirit oí honest inquirv.
broadmindedness and tolerance will pre·ent the acceptance oí these old
prejudices.

Beíore bringing this mv preíace to an end it is pertinent to point out
to the reader who will come across mv interpretation oí se·eral ·erses oí
the Koran. that it must be remembered that as a miraculous Di·ine
Book. the Koran. when translated. literallv. into anv íoreign language.
necessarilv loses a great deal oí its supernatural elegance and puritv oí
stvle.
George Sale himselí addresses the reader oí his so-called translation
oí the Koran in the íollowing words.

.. )bovgb tbe reaaer vv.t vot ivagive tbe trav.tatiov to cove vp to tbe
origivat. votritb.tavaivg vy evaearovr. to ao it iv.tice.

lence mv ha·ing to render into Lnglish exclusi·elv the veavivg oí
the ·erses. while a·oiding anv literal translation íor the sake oí the abo·e
argument. Mv interpretation as set íorth in this book is simplv according
to mv personal understanding oí the meaning oí the ·erses.
notwithstanding mv endea·ours to do it justice.

lor íurther illumination. oí the subject I quote Mr. Bosworth Smith`s
opinion oí the Koran: Illiterate himselí i.e. the Prophet Mohammad,
vet brought íorth a book which is a code oí law. a book oí common
praver. and a bible in one. and is re·erence to this dav bv a sixth oí the
whole oí the human race. as a miracle oí puritv oí stvle oí wisdom oí
truth. It was the one miracle claimed bv Mohammad. his standing
miracle he called it. and a miracle indeed it is.`
1,


Ahmad A. Galwash
(airo. October 1966.


(1)
Vide Mohd. And Mohamedanism I. Page 34.
13
PART I
PRACTICAL DEVOTIONS
Chapter I- Prayers to God
Introductory Note
ronouncing the lormula oí the laith.- aíter heartedlv belie·ing that
Allah -God- is one. ha·ing no partner. or son. and that
Muhammad is lis Prophet and Messenger to announce God`s word to
mankind. it is the religious dutv oí e·erv íaithíul embracing Islam to
exercise the practical de·otions oí the religion.
1. 1he íirst and íoremost oí these is to pronounce publiclv the íormula
oí the íaith as íollows:

í bear ritve.. tbat tbere i. vo aeity .are .ttab tCoa). ava tbat
Mvbavvaa i. íi. .erravt ava bi. .po.tte.

2. Next comes the dutv oí exercising the stated pravers. as gi·en in detail.
though onlv summarized hereinaíter.
Pravers to God. according to Islam. is the essence oí man`s duties to
God. It is an outpouring oí the heart`s sentiments. a de·out supplication
to God. and a re·erential expression oí the soul`s sincerest desires to its
Maker.

In Islam the idea oí praver. like all other religious duties. íinds its
highest de·elopment. Pravers according to the Koran is the onlv wav to
communion with God. 1he word oí God in the Koran teaches thus:
´' .- ¸· ¸. ··. . ··. .·' .´ ¸· :, ¸-' · ¸
¯' = ¯ .
Rebear.e tbat rbicb ba. beev rereatea to yov ot tbe ßoo/ ttbe Korav) ava
be cov.tavt at prayer. tor prayer re.traiv. vav trov tbat rbicb i. erit ava
rrovgtvt. rbite cov.tavt revevbravce ot Coa i. tbe .pirit`. .vpreve.t
evioyvevt` tXXIX - 45,.

Islam. thereíore. enjoins pravers as a means oí the moral ele·ation oí
man. But ií praver is said carelesslv or with an absent heart. it
degenerates into a mere ritual. into a liíeless and ·apid ceremonv gone
through with insinceritv oí heart. 1his is not the sort oí praver accepted
bv Islam. Such a praver is denounced bv the Koran which gi·es the
warning:

P
14
!oe be vvto tbo.e rbo .ay tbeir prayer. .ivpty by tbeir tip. ritbovt a
pre.evt beart iv.t to va/e a .bor.

\hilst the rite oí .atãt. i.e. saving the enjoined pravers, is being
períormed one concentrates innerlv to God. while the reílections oí
meaning and reason oí the ·erses one reads. stir and exalt one`s soul to
e·ervthing that is supreme. loítv and good. 1his .atãt is. so to sav. a íorm
oí exercise and training. But it is not enough to practice merelv its
·arious mo·ements oí standing. bending. prostrating and sitting-such
mo·ements as will be íullv described later. 1he real spirit oí .atãt is to be
in constant communion with. and ·eneration oí. God. 1he íatiba- the
Opening (hapter oí the Koran - íorms an essential part oí e·erv praver.
so that no praver. according to a teaching oí the Prophet oí Islam. is
complete without the íãtiba. which is reallv a wonder in sense and
meaning. Its translation is as íollows:

.tt prai.e i. ave to .ttab tCoa) tbe íora ot att !orta.. tbe ßeveticevt. tbe
Mercitvt. tbe Kivg ot tbe aay ot rec/ovivg. )bee ovty ao re ror.bip. ava trov
tbee ovty ao re .ee/ tor betp. Cviae v. to tbe rigbt patb. tbe patb ot tbo.e to
rbov tbov ba.t beev graciov.. vot ot tbo.e rbo are covaevvea vor tbo.e rbo
are vi.gviaea.

1he íãtiba is rightlv described as a wonder in sense and meaning. In a
wav it has a greater importance íor a Muslim than the Lord`s Praver íor a
(hristian. 1he latter was taught to prav íor the coming oí God`s
Kingdom. whereas a Muslim is instructed to seek íor his right place in
that Kingdom which has alreadv come: the hint. no doubt. being that the
coming oí the Prophet Mohammad was reallv the ad·ent oí the
Kingdom oí God about whose approach Jesus (hrist preached to his
íollowers St. Mark. I - 15,
1,
.

Some hostile critics ha·e suggested that the íorm oí the Muslim
praver is suited onlv íor blind and siníul men groping in darkness to íind
out the wav. Surelv it is a ·erv distorted ·iew oí the sublime words.
which express the natural vearning oí the sincere soul to be kept on the
right path and to be sa·ed írom stumbling.

lonestlv speaking. the praver contained in the íãtiba is the subliment
oí all pravers that exist in anv religion. It is composed oí se·en ·erses.
the íirst three oí which speak oí the Di·ine attributes oí Pro·idence.

(1)
“And saying; the time is, fulfilled, and the Kingdom of God is at hand” (St. Mark,
1-15).
15
Beneíicence. Mercv and Requital: the last three ·erses lav open beíore
the (reator oí the Uni·erse the earnest desire oí man`s soul to walk in
righteousness without stumbling on either side. while the middle ·erse is
expressi·e oí man`s entire dependence on God Allah,. 1he attributes
reíerred to are those which disclose God`s uncompassing beneíicence
and care. and lis unbounded lo·e íor all his creatures: the ideal to which
a human soul is made to aspire is the highest to which man can rise.
namelv the path oí righteousness. the path oí grace in which there is no
stumbling.

On the one hand. the narrow ·iews which addressed the Di·ine being
as the Lord oí a particular nation the Lord oí Israel.` íor instance, are
swept oíí beíore the mention oí lis equal pro·idence and equal lo·e íor
all human beings. nav íor the creatures that exist in the world: the narrow
idea oí paternal care exist in the world: the narrow idea oí paternal care
contained in íatber has gi·en wav beíore the all-embracing beneíicence
and lo·e oí the Great Author oí all existence. nourishment and
períection oí the creatures long beíore thev came into existence. On the
other hand. there is the high aspiration oí the soul íor an unbounded
spiritual rise without the least consideration oí care oí the bodv which
cra·es íor the dailv bread`. 1he Muslim praver as contained in the
íãtiba sets beíore the eve that high goal oí Di·ine Grace wherein is
known no displeasure. and which is bevond the reach oí error.

\ith all its beautv. e·en the Lord`s Praver` sinks into insigniíicance
beíore the majestic glorv oí the íãtiba. And one would in ·ain turn o·er
the pages oí Sacred Books to íind anvthing approaching to the grand and
sublime ideas contained in this Opening (hapter oí the Koran.

1he Prophet oí Islam attached great importance to the human bodv
as well as to the soul. and to the preser·ation oí its cleanliness and
puritv. le taught that íaith is the spring oí cleanliness.

Islam considers the human bodv as something entrusted to man bv
God. and. thereíore. obliges him to take care oí it. Islam enjoins upon its
íollowers to keep it clean and pure. morallv as well as materiallv.

Prayer – A Principle of Action
\e now take the practical side oí the íaith oí Islam. As alreadv said.
actions in Islam are as essentiallv a component part oí the religion as
belieí. In this respect. Islam occupies a middle position between religions
which ha·e ignored the practical side altogether and those which bind
their íollowers to a ·erv minute ritual. Islam sees the necessitv oí
16
de·eloping the íaculties oí man bv gi·ing general directions. and then
lea·es ample scope íor the indi·idual to exercise iníluence on the
indi·idual practical liíe.

1he precepts oí Islam which inculcate duties towards God and duties
towards man are based on that deep knowledge oí the human nature.
which cannot be possessed but bv the Author oí that nature. 1hev co·er
the whole range oí the diííerent grades oí the de·elopment oí man and
are thus wonderíullv adapted to the requirements oí diííerent peoples. In
the Scripture oí Islam -the Koran- are íound guiding rules íor the
ordinarv man oí the world as well as the philosopher. and íor
communities in the lowest grade oí ci·ilization as well as the highlv
ci·ilized nations oí the world. Practicalitv is the kevnote oí its precepts.
and thus the same uni·ersalitv which marks its principles oí íaith is met
within its practical ordinances. suiting as thev do the requirements oí all
ages and nations.

Praver is the second oí the íi·e íundamental principles or pillars oí
practical de·otion in Islam. It is a de·otional exercise which e·erv
Muslim is required to render to God íi·e times a dav. namelv in the earlv
morning beíore sunrise. at middav. in the aíternoon. in the e·ening aíter
sunset. and íiíthlv at night.

1he general dutv or ser·ice is írequentlv enjoined in the Koran. while
the appointed times as well as the mode oí rendering pravers were
prescribed distinctlv bv the Prophet both bv his personal practice and bv
his teaching.
1he hints and orders met with in the Koran as regards the enjoinment
oí .atãt are rendered as íollows:

Ob.erre prayer. iv tbe earty vorvivg. at tbe cto.e ot tbe aay. ava at tbe
approacb ot tbe vigbt. Prayer. are gooa aeea. rbicb arire aray tbe erit
aoivg.XI - 116,.

Ctority Coa tby revaerivg prayer. to íiv) rbev it i. erevivg ava iv tbe
vorvivg - prai.e be to íiv iv tbe bearev. ava tbe eartb - ava iv tbe
attervoov ava at voovtiaeXXX - 1¯,.

Pvt vp tbev ritb rbat tbey .ay: ava cetebrate tbe prai.e ot yovr íora
betore .vvri.e. ava betore .vv .ettivg. ava avrivg tbe vigbt ao tbov prai.e íiv.
ava iv tbe e·treve ot tbe aay. .o tbat tbov vaye.t be rett·ptea.eaXX -
130,.
17
Ob.erre prayer. at .vv.et vvtit tbe tir.t aar/evivg ot tbe vigbt ava ob.erre
reaaivg ttbe Korav) at aaybrea/. ío! )be recitat ot tbe Korav ttbat i.
revaerivg prayer.) i. erer ritve..ea. .va .ove part ot tbe vigbt ara/e tor it. a
targe.. tor tbee. ít vay be tbat yovr íora ritt rai.e tbee to a prai.ea
.tateXVII - ¯8-¯9,.
)a/e aia by ob.errivg patievce ava prayer.II - 45,.

!bev yov bare tvttittea yovr prayer. revevber Coa. .tavaivg ava .ittivg
ava tyivg ov yovr .iae.. .va rbev yov are iv .atety tbev be .teaata.t iv prayer.
1erity prayer i. a tivea oraivavce ov tbe betierer.`IV - 103,.

It is absolutelv necessarv that the ser·ice oí .atãt should be períormed
in Arabic as íar as possible. the clothes and bodv oí the worshipper must
be clean. and the praving-place be íree írom all impuritv. It mav be said
either pri·atelv or in companv. or in a mosque-although ser·ices in a
mosque are more meritorious.

1he stated pravers are alwavs preceded bv the ablution oí the íace.
hands and íeet. as will be íullv described later.
1he .atãt. or liturgical ser·ice. is thus one oí the most prominent
íeatures oí the Islamic religion. and ·erv numerous are the injunctions
regarding it. which ha·e been handed down in the traditions oí the
Prophet. 1he íollowing are a íew quotations:

)bat rbicb teaa. vav to ivtiaetity i. vegtect ot prayer..

^o ove ot yov vv.t .ay bi. prayer. iv a garvevt ritbovt corerivg tbe
rbote boay.

Coa accept. vot tbe prayer. ot a rovav arrirea at pvberty vvte.. .be
corer. ber beaa a. rett a. tbe rbote boay. e·ceptivg ber bava. ava teet.

)be tire .tatea prayer. era.e tbe .iv. rbicb bare beev covvittea avrivg tbe
ivterrat. betreev tbev. it tbey bare vot beev vortat .iv..

)be prayer. ot a per.ov ritt vot be acceptea rbo ba. bro/ev bi. abtvtiov
vvtit be covptete. avotber abtvtiov.

Oraer yovr cbitarev to .ay tbe .tatea prayer. rbev tbey are .erev ot age.
ava beat tbev it tbey ao vot ao .o rbev tbey are tev year. ota.

18
)ett ve it avy ove ot yov baa a rirvtet betore bi. aoor. ava batbea tire
tive. a aay tbereiv rbetber avy airt rovta revaiv ov bi. boay. )be
covpaviov. .aia. ^otbivg rovta revaiv`. )be Propbet .aia. ív tbi. vavver
ritt tbe tire aaity prayer. a. oraerea by Coa era.e att vivor .iv..

Time of the Five Stated Prayers
1he Prophet taught that the time íor .vbr noon, praver begins írom
the inclination oí the sun to the west and closes at the time when the
shadow oí a person shall be the length oí his own stature. which time
marks the beginning oí the` a.r aíternoon, praver. 1he time oí the a.r
praver is írom that time till the sun assumes a vellow appearance. 1he
time oí vagbrib sunset, praver is írom sunset as long as the red
appearance in the horizon remains. 1he time oí the i.ba night, praver is
írom that time till near davbreak. And the time íor the tair davbreak or
morning, praver is írom the break oí dav till the sun rises.` \hen the
sun has just arisen. a Muslim must wait to recite his morning pravers ií
not alreadv recited, until the sun has well arisen.

Aim of the Prayers
1he aim oí the pravers enjoined upon Muslims is to think oí God. to
ha·e a pure heart. to take care oí the bodv and clothes. to o·ercome e·il
desires. and to be a good-natured. decent person in all respects. 1he
pravers recited bv an immoral person are not acceptable. Good character
comes beíore e·ervthing else.

(onsidering that modern liíe obliges us to do hard and tiring work.
one mav sav that there would be no time to períorm .atãt íi·e times a
dav. But the case is quite contrarv: bv períorming the stated pravers. the
bodv will be kept clean and at ease in ·irtue oí the repeated ablution or
washing which is a preparatorv practice to reciting pravers. Bv .atãt. the
stiííness oí the organs will be enli·ened and will regain their natural
briskness. 1hus no better means than the two rites oí ablution and .atãt
can be suggested to remo·e the languor and íatigue caused bv the
tiresome occupation oí the dav.
In other words. the practice oí .atãt ensures us moral. spiritual and
material ad·antages.

Muslim Prayer – A Spiritual Diet
1o the Muslim. the praver is pis spiritual diet. oí which he partakes
íi·e times a dav. 1hose who think that praver is too prescribed should
remember that how manv times a dav thev require íood íor their phvsical
19
bodies. 1hus. is not the spiritual growth much more essential than the
phvsical growth.` Ií to minister to the needs to the inner man. vou need
breakíast. lunch. aíternoon tea. supper and late tea. do we not badlv need
spiritual reíreshment at the same time· A Muslim savs his praver
simultaneouslv with his meals.

Jesus (hrist was quoted to ha·e said. Man shall not li·e bv bread
alone. but bv e·erv word that proceedeth out oí the mouth oí God.`
1he word shall` is too emphatic. and we would that the (hurch
arranged to íulíill (hrist`s words.

1he people oí Lngland.` savs General Gordon
1,
. care more íor
their dinner than thev do íor anvthing else.` \hat Gordon said oí
Lngland seems true oí the rest oí the (hristian \orld. But the ílock
cannot be blamed so much as the shepherd who neglects to gi·e proper
guidance. 1o sa·e us írom the demon oí Lpicureanism the de·otion oí
earthlv desires and lust,. Jesus (hrist laid down the maxim.
Uníortunatelv his short ministrv did not lea·e him time or occasion to
enlighten us on the practical aspect oí this noble maxim.

Jesus was also quoted to ha·e said to the disciples: I ha·e vet manv
things to sav unto vou but ve cannot bear them now.` 1he time íor íull
maniíestation oí the Di·ine \ill had not arri·ed. (hrist promised the
disciples the coming oí the (omíorter` aíter him to guide people into
all truth` and that the spirit oí truth had to come` to show things`


2
and make up the deíiciencv. 1he Spirit oí 1ruth` descended on the
Prophet Mohammad. the (omíorter.` who brought the teachings oí
(hrist to a practical realitv. li·e times we think oí our bread. and íi·e
times a vva..iv`
3,
írom the mosque calls us to praver and reminds us
oí the words that proceed írom the lips oí God.` 1he Muslim a.ãv call
to praver, is literallv as well as íormallv a reminder that man shall not li·e
bv bread alone. but bv e·erv word that proceedeth írom the lips oí One
\ho is greatest oí all. bread included. 1he íollowing is the translation oí
the a.ãv:

Coa i. Creater. Coa i. Creater. í ao te.tity tbat tbere i. vo aeity .are
Coa. í ao te.tity tbat Mvbavvaa brovgbt tbe ve..age trov Coa. Cove to
prayer. Cove to prayer. Cove to pro.perity. cove to pro.perity. Coa i. Crater.
Coa i. Creater. )bere i. vo aeity .are Coa.

) 1 (
Golden Cleaning from the thoughts of General Gordon.
(
2
) St John, XXI – 16.
(3)
One who calls to prayer.
20
1his is what a Muslim hears írom the mosque íi·e times a dav. when
his inner man want him to do something to sustain him. 1he call írom
the mosque reminds him that he shall not ser·e the inner man bv li·ing
bv bread alone. but that God is the greatest. and that all other concerns
are small. God alone is to be ser·ed íirst. And ií man is keen íor
prosperitv. true prosperitv shall come to him through praver. which is to
li·e on words that proceed írom God. One would naturallv ask whether
the stroke oí the church bell has anv comparison to make with that soul-
ediíving Muslim a.ãv. 1he answer is best gi·en bv Pastor Mogola
Agbebi. D.D.. Lagos. Director oí the Niger Delta Mission. in his paper
contributed to the lirst Uni·ersal Races (ongress held in London:

li·e time a dav írom the turrets and minarets Islam`s call to praver
startles Aírica. demanding attention írom dawn to dark: and (hristianitv
in its best íorm. whate·er that mav be has ne·er presented a íormula
more rousing than Ri.e ye betierer.. Prayer i. better tbav .teep. Prayer i. better
tbav .teep.

Description Of The Muslim Prayers
1here are certain minor diííerences amongst the ·arious schools oí
Islam regarding the íormula. but its main íeatures are alike in all Muslim
countries. \e shall describe praver according to the lanaíi School oí
Sunni. or Orthodox. Muslims. 1he stated pravers are alwavs preceded bv
the ablution oí the íace. hands and íeet.

Ablution
Ablution Arabic rvav`, is described bv the Prophet as the kev oí
praver. and is íounded on the authoritv oí the Koran:-

O betierer.. !bev yov prepare yovr.etre. tor prayer. ra.b yovr tace. ava
bava. vp to tbe etbor. ava ripe yovr beaa. ava tra.b) yovr teet to tbe av/te..
V - 6,

1hese ablutions are absolutelv necessarv as a preparation íor the
recital oí the liturgical íorm oí praver. and are períormed as íollows:-

1he worshipper washes his hands íirst. then he rinses his mouth.
throwing the water into it with the right hand. le then throws water. up
his nostrils. snuííing it up at the same time. and then belows it out.
compressing his nostrils with the thumb oí the leít hand. le then
washes his íace with both hands. le next washes his right hand and arm.
as high as the elbow. causing the water to run along the arm írom the
21
palm oí the hand to the elbow. and in the same manner. he washes the
leít. Aíterwards he draws his wetted right hand o·er the upper part oí
his head. Ií he has a beard. he than combs it with the wetted íingers oí
his right hand. Aíter that he puts the tips oí his íoreíingers wetted with
water into his ears and twists them round. passing his thumbs at the
same time round the back oí the ears írom the bottom upwards. Next.
he wipes his neck with the íingers oí both hands. making the ends oí his
íingers meet behind his neck. and then drawing them íorward. Lastlv. he
washes his íeet. as high as the ankles. and passes his íingers between the
toes. ensuring therebv their cleanness.

During this ceremonv. which is generallv períormed in a íew minutes.
the intending worshipper usuallv recites some pious ejaculations or
pravers beíore commencing the rvav` ablution,. e.g. In the name oí
God. the Merciíul and Beneíicent. I períorm mv rvav`. Praise be to God
\ho caused water to puriív our uncleanliness. and Islam to be our light
to the right guidance.`

1he ablution needs not be períormed beíore each oí the íi·e stated
periods oí praver. when the person is conscious. since the last
períormance oí the ablution. oí ha·ing not been asleep or ha·ing
a·oided e·erv kind oí impuritv. particularlv urination. deíaecation or
breaking wind. 1he pri·ate parts oí the bodv must also be puriíied when
answering a call oí nature.

\hen water cannot be procured. or would be injurious to health. the
ablution mav be períormed with pure dust or sand. 1his ceremonv is
called toyavovv. 1he permission to use sand íor this purpose. when
water cannot be obtained. is granted in the Koran:-

ít ye cavvot tiva rater. tbev ta/e tive .vrtace pvre .ava ava ripe yovr
tace. ava yovr bava. tbereritb. Coa aoe. vot ri.b to va/e avy bivaravce to
yov. bvt íe ri.be. to pvrity yov ava tbat íe vay covptete íi. tarovr ov yov.
.o tbat yov vay be gratetvt V - 6,`

It is related in the tradition baaitb, that the Prophet said:-

)be rbote eartb i. tit to .erre a. a vo.qve tor Mv.tiv. to ror.bip ov: ava tbe
rery av.t ot tbe eartb i. tit tor pvriticatiov rbev rater cavvot be obtaivea.

)ayavovv or puriíication bv sand or clean dust is allowable under the
íollowing circumstances: a, when water cannot be procured except at a
great distance about two miles,: b, in case oí sickness: c, when the use
22
oí water is iníeasible because oí incurring danger írom an enemv. a beast
or a reptile: and a, when. on the occasion oí the pravers oí a íeast dav or
at a íuneral. the worshipper is late and has no time to períorm the rvav`.
On ordinarv davs or normal conditions. this substitution oí tayavovv is
not allowable.

1he washing oí the whole bodv to absol·e it írom uncleanliness and
to prepare it íor the exercise oí praver is absolutelv necessarv aíter the
íollowing acts: nocturnal emission. menses. coitus. puerperium.

\ashing oí the whole bodv is highlv recommended bv ´vvva or
practice and precept oí the Prophet, on lridav beíore going to the
mosque íor the lridav praver. on the íesti·als and aíter washing the
dead.
Purification
\ater which mav be used íor Puriíication. - 1he íollowing kinds oí
water are lawíul íor puriíication: rain. sea. ri·er. íountain. well. and snow
water. All kinds oí water are íit íor puriíication. pro·ided alwavs that the
normal colour. smell and taste are not changed. or when the water is not
used beíore.

Rubbing the socks with water in substitution íor washing the íeet in
ceremonial ablution is legallv allowed. pro·ided that the socks ha·e been
put on aíter períorming a regular ablution. including washing the íeet.
1his legalitv is sound íor twentv-íour hours írom the time oí the regular
ablution. aíter which period the íeet must be washed as well as the íace
and hands.

How the Prayer Service is Performed
At the time oí public praver. as stated beíore. the muezzin or crier
ascends the minaret or stands at the side oí the mosque nearest to the
public thoroughíare. and gi·es the a.ãv or the call to praver. as íollows:-

1. God is Greater trice,.
2. I bear witness that there is no deitv but Allah trice,.
3. I bear witness that Muhammad is the Apostle oí God trice,.
4. (ome to praver O ve Muslims, trice,.
5. (ome to sal·ation and prosperitv trice,.
6. God is Greater trice,.
¯. 1here is no deitv but Allah.

23
In the earlv morning. the íollowing crv` is added: Reallv pravers are
better than sleep`trice,.

\hen the pravers are said pri·atelv. in a congregation or in the
mosque. thev begin with the iqãva. which is the second call to the .atãt.
with the addition oí the sentence Pravers are now readv trice,`. 1he
regular íorm oí praver then begins with the viyya. i.e. the worshipper`s
intention. expressed better bv heart, that he





lig. 1. - 1he viyya posture lig. 2. - 1he ta/birãt et·ibrãv posture

Purposes to oííer up to God such ra/`ãt.
1,
as the case mav be. while
standing up with the íace qibla-wards. i.e. towards Mecca. 1he Arabic
expression is as íollows .ee lig. 1,:-

^arayto o.atti ra/`atyv tare.·.obbi tor tbatãtba or arba`a ra/`ãt. it tbe
vagbrib or a.r or i.ba i. covcervea). t)rav.titeratiov)

I propose to períorm to God two or three or íour Ra/aat. as the case
mav be.

1- 1hen íollow the words oí ta/birãt·et·ibrãv: .ttãbv ./bar God is
Greater`. uttered with the thumbs touching the lobules oí the ears and
the open hands on each side oí the íace. as shown in lig. 2.


) 1 (
“Rak’a” literally means a bending.
24
2- 1hen comes the qiyãv position: 1he right hand is placed upon the leít
o·er the breast while the standing position is maintained. the eves
looking to the ground in selí-abasement see lig. 3,.

During this posture. the worshipper recites the íollowing ta.bib or
supplication:-
´vbbãva/a .ttãbvvva ra be bavai/a ra tabãra/a i.vv/a ra ta`ãta
ivaav/e ra tã ítãba gbayrv/. .`õ.v bittãbi viva.b.baytãvir·raiiv.
t)rav.titeratiov)

Glorv to 1hee O Allah God, and 1hine is the praise. and blessed is
1hv name and exalted is 1hv majestv: there is no deitv to be worshipped
but 1hee. I seek Allah`s protection against the cursed Satan`
temptation,. 1ranslation,




lig. 3. - Oivam position

Aíter this. the íãtiba the Opening (hapter oí the Koran, is recited in
the same position. It runs as íollows:-

ßi.vittãbir·rabvãvir·rabiv. at bavav titãbi·rabbit·ãtaviv. ar·
rabvãvir·rabiv. vãti/i·yarviaaiv. iyyã/a va`boav re iyyã/a va.t`iv.
ibaiva..irãtat·vv.taqiv .irãtat·ta.iva av`avta`ataybiv gbayrit·vagbavbi
ataybiv rataa·aãttiv. .vev t)rav.titeratiov)

In the name oí Allah the Beneíicent. the Merciíul. All praise is due
to Allah God,. the Lord oí all \orlds. the Beneíicent. the Merciíul.
King oí the dav oí reckoning. 1hee onlv do we worship. and írom 1hee
onlv do we seek íor help. Guide us to the right path. the path oí those to
25
whom 1hou hast been gracious. not oí those who are condemned nor
those who are misguided.` Amen. í.e. be it so! 1ranslation,

1hen anv portion oí the Koran which the de·otee mav ha·e learnt bv
heart is recited. Generallv one oí the shorter chapters oí the Koran is
repeated. 1he chapter termed .t·í/btã.õ sinceritv, is recommended íor
those who are unacquainted íurther with the Koran. It runs as íollows:·

Ovt bvrattãbv abaa .ttãbv.·.avaa tav yatia ra tav yvtaa ra tav
ya/vv tabv /vtrav abaa. t)rav.titeratiov)

Sav: le Allah, is one. Allah is the Support. le begets not. nor is le
begotten: and none is like unto lim.` 1ranslation,
3- then. saving .ttãbv a/bar Allah is Greater,. the de·otee lowers his
head down. so that the palms oí the hands reach the knees. In this
position. which is called rv/v. that is bending .ee lig. 4,. \ords
expressi·e oí the Di·ine glorv and majestv are repeated three times. 1hev
are the íollowing:-
´vbãva Rabbiyat·a.ev ra bibavaib.
Glorv to mv Lord the Great and Praiseworthv`.




lig. 4. - Ruku` posture

4-Aíter this posture the standing position in resumed .ee lig. 5,. but
unlike the qiyãv position. the hands being placed on either side. with the
íollowing words:
´avi`a .ttãbv·tivav baviaa .ttãbvvva ra ta/at·bava.
t)rav.titeratiov)
Allah accepts him who praises lim. O our Lord. 1hine is all
praise.` 1ranslation,

26
5- 1hen the de·otee prostrates himselí. the íingers oí both íeet. both
knees. the nose and the íorehead should be touching and resting on the
ground. while the íollowing words expressing Di·ine greatness are
uttered three times .ee lig. 6,:-
´vbbãva Rabbiyat·a`ta ra bi·bavaib. t)rav.titeratiov)
Glorv and praise be to me Lord. the lighest`. 1ranslation,

1he íollowing words are added:-
.ttãbvvva igbtirti. i.e. O Lord! Grant me thv íorgi·eness. 1his is
called the íirst .aiaa íirst prostration, .ee lig. 6,.

6- 1hen. raising his hands and bodv and sinking backward upon his
heels. and placing his hands upon his thighs. he savs the ta/bir. i.e.
.ttãbv a/bar God is Greater,. 1his is called the íirst iat.a. i.e. the íirst
sitting .ee lig. ¯,.

¯- 1hen the de·otee períorms another .aiaa see lig. 8,. the same as the
íirst. as described beíore. with the repetition oí the same expression also
three times: ´abbãva Rabbiya·a`tã ra bibavaib Glorv and praise be to
mv Lord the lighest,.
At the close oí one ra/`a. the worshipper should repeat the ta/bir
while standing: but at the end oí two ra/`ãt. and at the close oí the
praver. he repeats it sitting: .ttãbv a/bar God is Greater,. as in lig. ¯.



lig. 5. - Resumed standing position.
8- lere ends one ra/`a. 1he de·otee then rises. and assumes a standing
position íor the second ra/`a. which is íinished in the same manner as
the íirst. but instead oí assuming a standing position aíter the second
ra/`a he sits down in re·erential position .ee lig. 9,.

27
At the close oí each two ra/`ãt.. the worshipper sits down to recite
the tabiyãt or the gloriíication oí the Di·ine Being .ee lig. 9,. and utters
the ta.bab·bva. or bearing witness. Both tabiyãt and ta.bab·bva run as
íollows:-






lig. 6 - 1he íirst .aiaa lig. ¯. - 1he íirst iat.a

.t·tabiyãtv tittãbi. ra..ata·rãtv rattayibãtv. ...atãvv atay/a
ayyvbav·vabiyv ra rabvatvttãbi ra bara/ãtvb. ...atãvv atayvã ra ata
`ibaaittãbi.·.ãtibiv. ..b·baav av·tã ítãba·ittattãbv ra a.b·baav avva
Mvbavvaaav·abavbv ra Ra.vtvb. t)rav.titeratiov)

All praver and worship. rendered through words. actions. and good
deeds. are due to Allah. Peace be to vou. O mv Prophet. and the mercv
oí Allah and lis blessings mav be showered upon vou. Peace be to us
and to the righteous ser·ants oí Allah. I coníess that there is no deitv but
Allah God, and that Muhammad is lis ser·ant and lis Apostle.`
1ranslation,








lig. 8 - 1he second .aiaa lig.9- )abiyãt ava ta.babbva posture.

9- Ií the de·otee intends to períorm more than two rat`ãt.. he then
stands up. but ií he has to sav praver onlv íor two ra/`ãt.. he repeats also
the íollowing praver oí blessings íor the Prophet:-
28
.ttãbvvva .atti atã Mvbavvaa ra atã ãti Mvbavvaa /avã
.attayta atã íbrãbiv. ra atã ati íbrãbiv. ivva/a baviaov vaiia.
.ttãbvvva bãri/ atã Mvbavvaa ra atã ãti·Mvbavvaa /avã bãra/ta
atã íbrãbv ra atã ati íbrabv ivva/a baviaov vaiia.
t)rav.titeratiov)
O mv Lord! Kindlv magniív vour ía·our upon Muhammad and the
íamilv
1,
oí Muhammad as 1hou didst magniív 1hine blessings upon
Abraham and the íamilv oí Abraham. O mv Lord! Kindlv bless
Muhammad and the íamilv oí Muhammad as 1hou didst bless Abraham
and the íamilv oí Abraham. íor surelv 1hou art the most Laudable and
Glorious.` 1ranslation,
1he íollowing supplication is recommended to be also added to the
abo·e:-
Rabbii`atvi vvqiv·a..atãti ra viv .vrriyati. Rabbava ra taqabbat
av`a·i: Rabbavagbtirt ra ti rã·tiaayya ra tivv`viviva yarva yayvvat·
bi.ãb.t)rav.titeratiov)

O mv Lord Make me to keep up praver to thee and grant that mv
oííspring keep up praver. too. O mv Lord! Kindlv accept mv
supplication. O mv Lord! lorgi·e mv sins and those oí mv parents and
those oí the íaithíul when the dav oí reckoning shall come.`
1ranslation,

10- 1his closes to two ra/`ãt.` ser·ice which ends bv the .atãv or the
greeting thus: 1urning the head round to the right see lig. 10, the
worshipper savs. addressing anv ·isible or in·isible creature oí God on
his right:-


lig. 10 - lirst salam

1 ( )
Family” also means those believes who are dutiful to God
29
...aãtvv atayqov ra rabvatvt·tãbi ra bara/ãtvb. t)rav.titeratiov)
Peace and mercv oí God be upon vou`. 1ranslation,
1hen. turning the head round to the leít. the de·otee repeats the
.taãv with the same intention as abo·e .ee lig. 11,.

At the close oí the whole set oí the stated pravers. the worshipper
raises his hands and oííers up some vvvãiãt or supplication. 1his usuallv
consists oí pravers selected írom the Koran or traditions oí the Prophet.
Ií possible thev ought to be said in Arabic: or. ií not. in the ·ernacular
lig. 12,.
1,





lig. 11 - Second .atãv

Such supplications were highlv commended bv the Prophet. who was
related to ha·e said. ´vppticatiov i. tbe varror ot ror.bip.` And he also
said:-

Verilv vour Lord will not admit that lis ser·ants when thev raise
their hands in supplication should return them emptv. i.e. ritbovt tbe
.vppticatiov beivg acceptea trov tbe rigbteov.


1 ( )
Imploring God for any help the worshipper is in need of will do.
30
TABLE SHOWING NUMBER OF RAK’ATS

The Stated Daily Prayers
1he dailv pravers are either íara. ´vvvab. vatt or ritr. íara praver are
those ra/`ãt.. as are enjoined bv God. ´vvva. those íounded on the
practice oí the Prophet: although thev are desirable. thev are not
obligatorv. ^att pravers are the ·oluntarv períormances oí two ra/`ãt..
or more. which mav be omitted without sin. !itr pravers are an odd
number oí ra/`ãt. either one or three. side aíter the i.ba or night ser·ice.
^o. Pre.cribea Perioa
^ave ot
Prayer`.
)ive
Number oí Rak`ats
íara ´vvva !itr Revar/.
THE FIVE ENJOINED OR OBLIGATORY PRAYERS

1 lrom dawn till
sunrise
lajr or
morning
2 o, 2 o,
Beíore
the íara
2 lrom inclination oí
the sun to the west:
and close.
Zvbr or
noon
4 o, 2 o,
Beíore
the íara
\hen the shadow
oí a person shall be
in the length oí his
own stature.
o, 2 o, Aíter
the íara
3 lrom that time till
the sun assumes a
vellow appearance.
..r or
aíternoon
4 o, 4 o,
Beíore
the íara
4 lrom sunset till the
abo·e appearance
in the horizon
disappears.
Magbirb or
sunset
3 o, 2 o, Aíter
the
íara
lrom that time till
some moment
beíore dawn
í.ba or
night
4 o, 2 -, 3 -, Aíter
the
´vvva
THE THREE VOLUNTARY PERIODS
1 \hen the sun has
well arisen.
í.braq or
.vvri.e
4
2 lrom that time till
about middav
Dovba or
.vv.bive
4
3 Aíter midnight Tahajjus 8
31
1hese di·isions oí praver are entirelv distinct írom each other. 1hev each
begin with the viyya intention,.

1he íi·e stated times oí pravers are known as .vbr. a.r. vagbrib. i.ba
and tair. 1here are also three ·oluntarv periods called i.brãq. aovba and
tabaiiva. 1he íollowing table in the preceding page shows the exact
number oí ra/`ãt. to be períormed at each ser·ice:-

Table General Notes
1. A íresh ablution is necessarv onlv when a man has answered a call oí
nature or has íallen asleep.
2. Ií there are socks on. and thev ha·e been put on aíter períorming an
ablution. it is not necessarv to take them oíí: the wet hands mav be
passed o·er them. 1he same practice mav be resorted to in case the
boots are on. but it would be more decent to take oíí the boots when
going into a mosque. It is. howe·er. necessarv that the socks be taken oíí
and the íeet washed about once e·erv twentv-íour hours.
3. 1he ta/bir. i.e. the utterance oí the expression .ttãbv a/bar God is
the Great, is to be repeated on assuming e·erv íorm oí the ra/`a as
explained heretoíore. 1his repetition is deemed necessarv to ser·e as a
reminder to the worshipper to keep ali·e to his praver bv presenting his
inner man and consciousness throughout the period oí the pravers
concerned.
4. Cbv.t. or washing the whole bodv. Is a religious act oí bathing the
bodv aíter a legal impuritv. It is íounded upon the express injunction oí
the Koran V - 9, which mav be rendered in Lnglish as íollows: ít yov.
i.e. tbe taitbtvt ava betierer.. are pottvtea tbev pvrity yovr.etre.. 1he
traditions and the savings oí the Prophet relate the occasions on which
the Prophet períormed the ceremonv oí gbv.t or bathing. 1he Muslim
teachers oí all sects are unanimous in prescribing the washing oí the
whole bodv aíter the íollowing acts. which render the bodv ivvvb or
impure:
a, baya menses,:
b, vitã. puerperium,:
c, iivã` sexual intercourse,:
d, ibtitãv pollutio nocturna,. It is absolutelv necessarv that e·erv
part oí the bodv should be washed. otherwise the gbv.t
ceremonv is rendered incomplete.
5. Cvb.t va.vvv or washing is meritorious. though not enjoined as an
absolute Islamic necessitv. Such washings are íounded on the precept
and practice oí the Prophet. although thev are not supposed to be a
Di·ine institution. 1hev are íour in number: -
32
a, Upon the admission oí a con·ert to Islam.
b, Beíore going to mosque to períorm lridav praver. and on the
great two religious íesti·als. i.e. the two ßairav.. the one
occurring aíter the close oí the íasting month oí Ravaaav.
and the other on the dav íollowing that on which the pilgrims
períorm their pilgrimage.
c, Aíter washing the dead.
d, Aíter blood-letting.
6. 1he lridav praver ser·ice.
¯. 1he qvvvt.

The Friday Prayer Service
1he lridav praver is held at the time oí zvbr noon, íor it takes the
place oí the Sabbath oí some other religion. and it substitutes the stated
.vbr. Praver. 1he íour ra/`ãt. said in the .vbr are reduced to two ra/`ãt.
preceded bv a /bvtba sermon,. gi·en bv the ivãv cbaptaiv oí the
vo.qve,. exhorting the Muslims to goodness and to be dutiíul to God.
and showing them the means oí their moral ele·ation and dwelling upon
their national and communal welíare.

´atãt ei·ivv`a or lridav ser·ice is enjoined on Muslims bv Di·ine
command in the Koran. (hapter LXII 9-11,. where the belie·ers are
required. when the call is made to praver on lridav:

to ba.tev to tbe revevbravce ot .ttab ava teare ott trattic tor tbe tive
beivg: ava rbev tbe prayer i. evaea tbey cav ai.per.e iv tbe tava to reioiv tbeir
vateriat ava pby.icat actiritie..
1he lridav ser·ice must be said in a mosque. ií anv. Or in a
congregation. but not períormed in pri·ate. Ií a Muslim cannot join the
public lridav ser·ice íor anv lawíul reason. he has to reíorm bv saving
the normal zvbr noon, praver oí íour ra/`ãt.. 1he reasons íreeing a
Muslim oí attending the public lridav praver are either sickness or hea·v
rainíall causing great diííicultv in going to the mosque.

The Qunut
1he qvvvt is a praver recited at the close oí the i.ba night, stated
praver. while the worshipper is still assuming his standing position .ee
lig. 4, at the third ra/`a oí the ritr posture. 1he most well-known qvvvt
is the íollowing: -

33
.ttãbvvva ib·aiva ti·vav baaayta. ra a`tiva ti·vav a`tayta. ra
tarattava ti·vav tarat·tayta. ra bãri/ tavã ti vã a`tayta ra qiva .bar·ra
vã qaayta ta·iv·va/a taqai ra ta yvqaa atay/a ra iv·va·bv tã ya.ittv vav
rat·tayta ra tã·ya·i..v vav qãaayta. va.tagbti·rv/a ra vatvbv itay/a ra
.attat·tãbv atã vabiyivã Mvbavvaa ra atã ãtibi ra .abbibi ra .attav.
t)rav.titeratiov)

O Allah! Guide us among those whom 1hou hast guided aright. and
preser·e us among those whom 1hou hast preser·ed in good health and
beíriend us among those whom 1hou hast beíriended. and bless us in all
1hou has granted to us: and protect us írom the e·il oí all 1hou hast
judged as e·il: íor surelv 1hou art the onlv judge. and none can judge
against 1hine judgment. O Allah! \e in·oke vour increasing blessings
and ía·ours upon our Prophet Muhammad and upon his íamilv and
upon his disciples.` 1ranslation,

.votber Recovvevaea ´tyte ot Ovvvt.
1he íollowing supplication oí qvvvt is also commonlv adopted: -
.ttãbvvva ivvã va.ta`ivv·bi/a ra va.tagbtirv/a ra vv`vivv bi/a ra
vatara//atv atay/a ra vvtbvi atay/at·/bayra ra va.b/vrv/a ra tã
va/tvrv/a ra va/bta`v ra vatrv/v vav yativrv/a. .ttãbvvva iyyã/a
v`abvav ra ta/a vv.atti ra va.iva ra itay/a va.`a ra vabvia ra variv
rabvata/a ra va/bãtv a.ãba/a ivva a.aba/a bit/vttãri vvbti/.
t)rav.titeratiov)

O Allah! \e beseech 1hv help and 1hv íorgi·eness as we are
íaithíul to 1hee and depend whollv upon 1hv Di·initv. \e laud 1hee in
the best. \e thank 1hee and shall ne·er íorget 1hv ía·ours. \e cast oíí
and íorsake him who is unmindíul to 1hee. O Allah! \e worship none
but 1hee. 1o 1hee we prav and make obeisance and to 1hee do we ílee
promptlv. \e hope íor 1hv mercv and we íear 1hv punishment íor
surelv 1hv punishment o·ertakes the iníidel.` 1ranslation,

Special Service
In addition to the stated dailv pravers and the lridav praver. there are
special ser·ices íor special occasions as gi·en below: -

1. ´atãtvt·Mv.ãtir Pravers íor the 1ra·eller,. 1wo ra/`ãt. instead oí
the usual number oí the meridian. aíternoon. and night pravers:
the vagbrib e·ening praver, alwavs remaining the same. i.e. three
ra/`ãt..
34
2. ´atãtvt·/bavt Pravers oí lear,. - 1his is said in war-time. 1hev are
two ra/`ãt. recited íirst bv one regiment or companv and then bv
the other.

3. ´atãtvt·)ararib. - Light ra/ãt. are períormed e·erv e·ening
during Ramadan. the íasting month. immediatelv aíter the íiíth
dailv praver. the i.ba. or beíore the dawn.

4. ´atãtvt·í.ti/bãra Pravers íor Guidance,. 1he person who is about
to undertake anv special business períorms two ra/`ãt. íor which
he seeks guidance.

5. ´atãtvt·¡avã.ab Pravers at a luneral íor the Dead,. - 1his
liturgical special ser·ice is íounded upon ·erv minute instruction
gi·en bv the Prophet. which are recorded in the baaitb. traditions,.
1he Muslim íuneral ser·ice is not recited in the gra·evard. but
either in a mosque or in some open space near the dwelling oí the
deceased person or the gra·evard. 1he nearest relati·e is the
proper person to lead the ser·ice. but it is usuallv conducted bv the
íamilv ivãv. or bv a learned man.

1he íollowing is the order oí the ser·ice:
Someone present calls out: lere begin the pravers íor the dead.`

1hen those present arrange themsel·es in one. two or three rows or
more. as the case permits. opposite the corpse. with their íaces qibla-
wards i.e. towards Mecca,. 1he ivãv or leader stands in íront oí the
ranks opposite the head oí the corpse.
1he whole attendants ha·ing taken the standing position. the ivãv
open the ser·ice bv saving:-
I purpose to períorm íor this dead person pravers to God consisting
oí íour ta/bir..
1hen. placing his hands to the lobes oí his ears. he recites the íirst
ta/ber: God i. Creater. Aíterwards. he íolds his hands below his breast.
and recites the ta.bib or loliness to God. thus:

´vbbava/at·tabvvva
!abi bavai/a ra
)abara/a.·vv/a
!a ta itaba gbairv/.
loliness to 1hee O Allah!
And to 1hee be praise!
Blessed is 1hv name.
ligh is 1hv greatness.
1here is no deitv but 1hee.`

35
Next. he recites the tãtiba. the Opening (hapter oí the Koran,. lere
ends the íirst ta/bir.
1hen íollows the second ta/bir: Coa i. greater.
1he ivãv recites. thereaíter. the .atatv·ata·^abi praver íor the
Prophet,. thus: -

O Allah. we in·oke vour increasing blessings and peace upon our
Prophet Muhammad and upon his íamilv. as 1hou didst bestow vour
blessings and peace upon the Prophet Abraham and his íamilv: O Allah.
thou art praised and 1hou art great.`

lere ends the second ta/bir: then íollows the third takbir Coa i. tbe
Creat.. aíter which the íollowing praver is recited: -

O Allah. we beseech vou to íorgi·e the sins oí this dead person and
ha·e mercv upon him´her. le´she was íaithíul to Islam. he´she
belie·ed in 1hine oneness and in the Message oí 1hine Prophet.`
lere ends the third ta/bir. 1hen íollows the íourth ta/bir: Coa i. tbe
Creat. aíter which the íollowing praver is recited: -

O Allah. íorgi·e our li·ing and our dead and those oí us who are
present and those who are absent. O Allah. those whom 1hou dost keep
ali·e amongst us. keep ali·e in Islam. and those whom 1hou causest to
die. let them die in the laith oí Islam.

1urning the head round to the right. the ivãv savs the .atãv: Peace
ava vercy be to )bee.
1urning the head round to the leít. he repeats the salam: Peace and
mercv be to 1hee.
1he ta/bir. are recited bv him aloud. but the ta.bib. the .atãv. and the
pravers are recited bv him and bv the people attending the íuneral in a
low ·oice.

1he attendants then raise their hands in silent praver reading the
tãtiba on behalí oí the deceased soul. and aíterwards. addressing the
relati·es. thev sav: It is the decree oí God`. to which the chieí mourner
replies: I am pleased with the will oí God.` le then gi·es permission to
the people to retire bv saving: God rewards vou íor vour attendance`.
and thev replv bv saving: God grants vou better rewards and gi·e vou
patience and long liíe.`

1hose who wish to return to their own business mav do so at that
time. and the rest proceed to the gra·e. Lastlv the corpse is placed on its
36
back in the gra·e. with the head to the north and íeet to the south. the
íace being turned towards the qibta Mecca,. 1he persons who place the
corps in gra·e repeat the íollowing sentence: \e commit 1hee to earth
in the name oí God and in the religion oí the Prophet.`

1he bands oí the shroud ha·ing been loosened. the recess. which is
called taba. is closed in with unburnt bricks and the gra·e íilled in with
earth. In most Muslim countries. it is customarv to recite the ·erse 5¯ oí
the XXth (hapter oí the Koran while throwing the clods oí earth into
the gra·e. 1he ·erse mav be rendered as íollows:

írov it ttbe eartb) bare !e tCoa) createa yov. ava vvto it ritt !e
retvrv yov. ava ovt ot it ritt !e brivg yov tortb tbe .ecova tive.

Mav peace and mercv oí Allah be showered upon the íaithíul dead!
Mav Almightv God grant the belie·ers such a long liíe to be spent as it
should be in the worship oí lim and in the ser·ice oí humanitv!

Chapter II- Zakat Or Legal Alms
·erv religion oí the world has preached charitv. but. like praver.
there is in Islam some method or regularitv gi·en to this institution.
so that it has assumed a permanence which is not encountered anvwhere
else. Islam makes charitv obligatorv and binding upon all those who
embrace the Muslim íaith. lere we ha·e a brotherhood into which the
rich man cannot enter unless. and until. he is willing to gi·e part oí his
possessions íor the support oí the poor and the needv members oí the
communitv.
1he enjoinment upon the rich to pav .a/ãt to the poor subjects him
to a practical test. bv which a real brotherhood is established between the
rich and the poor.
In its primiti·e sense. the word .a/ãt means puriíication. whence it is
also used to express a portion oí the remainder to the proprietor. It is an
institution oí Islam íounded upon an express command in the Koran. as
one oí the íi·e íoundations oí practical religion.

It is a religious dutv incumbent upon anv person who is íree. sane.
adult and a Muslim. pro·ided that he is possessed in íull propertv oí
such estate or eííects as are termed. in the language oí the Law. vi.ab. i.e.
íixed amount oí propertv. and that he has been in possession oí the
same íor the space oí one complete vear. 1he vi.ab or íixed amount oí
propertv upon which .a/ãt is due ·aries with reíerence to the diííerent
kinds oí propertv in possession. as is detailed in the present article.
L
37
1he one complete vear in which the propertv is held in possession is
termed in the Law as bartvt·bavt. i.e. the return oí duration.
Za/ãt is not incumbent upon a man. against whom there are debts
equal or exceeding the amount oí his whole propertv. nor it is due upon
the necessaries oí liíe. such as dwelling-houses. articles oí clothing.
household íurniture. cattle kept íor immediate use. war prisoners
emploved as actual ser·ants. armour and weapons designed íor present
use. or upon books oí science or law used bv scholars. or upon tools
used bv craítsmen.

Za/ãt is incumbent upon the vi.ab oí the íollowing possessions: -
ta) (amels. tb) Bulls. cows and buííaloes. tc) Sheep and goats. ta)
lorses. te) Sil·er. tt) Gold and sil·er ornaments. tg) (ash. Bank-notes.
etc. tb) Articles oí merchandise. ti) Mines or buried treasures. ti) lruits
oí the earth.

1he íollowing is the vi.ab or proportionate propertv. upon which
.a/ãt is due on the abo·e ·arious possessions: -

Zakat
(a) Camels
Za/ãt is not due upon less than íi·e camels: and upon íi·e camels it is
one goat or sheep. pro·ided that thev subsist upon pasture throughout
the vear: because .a/ãt is due onlv upon such camels li·ing on pasture
and not upon those which are íed in the home oí the íorage. One goat
or sheep is due upon anv number oí camels írom íi·e to nine: two goats
íor anv number oí camels írom ten to íourteen: three goats íor anv
number írom twentv to twentv-íour. Upon anv number oí camels írom
twentv-íi·e to thirtv-íi·e. the .a/ãt is a bivtva/ãa. or a vearling íemale
camel: írom thirtv-six to íortv-íi·e. a bivt·tabvv. or a two-vear old íemale
camel: írom íortv-six to sixtv. a boqqa. or a three-vear-old íemale camel:
írom sixtv-one to se·entv-íour. a ia.a`a. or íour-vear-old íemale camel:
írom se·entv-íi·e to ninetv. two íemale two-vear-old colts. \hen the
number oí camels exceeds one hundred and twentv. the .a/ãt is
calculated bv the aíore-said rule.

(b) Bulls, Cows and Buffaloes
No .a/ãt is due upon íewer than thirtv cattle. Upon thirtv cattle
which are íed on pasture íor the greater part oí the vear. there is due at
the end oí the vear a ia.v`a. or one vear-old calí: and upon thirtv is due a
vv.ivva. or a calí oí two vear old: and where the number exceeds íortv.
the .a/ãt is to be calculated according to this rule. lor example. upon
38
sixtv. the .a/ãt is a two vearling cal·es upon se·entv. one tabi`a and one
vv.ivva.: upon ninetv. three tabi`a. and one vv.ivva: and thus upon
e·erv ten heads oí cattle a vv.ivva and a tabi`a alternatelv. Upon one
hundred and nine. the .a/ãt is two vv.ivva and one tabia: and upon one
hundred and twentv. íour tabi`a.. 1he usual method. howe·er. oí
calculating the .a/ãt upon large herds oí cattle is bv di·iding them into
thirties and íorties. imposing upon e·erv thirtv-one: a tabi`a. or upon
e·erv íortv-one: a vv.ivva.

(c) Sheep and Goats
No .a/ãt is due upon less than íortv which ha·e íed the greater part
oí the vear on pasture. upon which is due one goat or sheep. until the
number reaches one hundred and twentv: íor one hundred and twentv-
one to two hundred. it is two goats or sheep. and abo·e this. one íor
e·erv hundred.

(d) Horses
\hen horses and mares are kept indiscriminatelv together. íeeding íor
the great part oí the vear on pasture. it is the option oí the proprietor to
gi·e one dinar a dinar is worth about ten shillings. or íiítv Lgvptian
piastres, per head oí the whole. or to estimate the whole and gi·e íi·e
per cent upon the total ·alue. No .a/ãt is due upon dro·es oí horses
consisting entirelv oí males. or entirelv oí mares. 1here is no .a/ãt due
upon horses or mules. unless thev are articles oí merchandise. nor it is
due upon war horses. or upon beasts oí burden. or upon cattle kept íor
drawing ploughs and so íorth.

(e) Silver
It is not due upon sil·er oí ·alue less than two hundred airbav. one
airbav is equi·alent to 3.12 grammes,. but ií one be possessed oí this
sum íor a whole vear. the .a/ãt due upon it is íi·e airbav. till such
excess amounts to íortv. on which the .a/ãt is one airbav. and íor e·erv
succeeding íortv-one airbav.. 1hese airbav. on which sil·er
predominates are to be accounted sil·er. and the laws respecting sil·er.
and the laws respecting sil·er applv to them. although thev should
contain some allov: and the some rule holds with regard to all articles
íalling under the denomination oí plate such as cups and goblets.




39
(f) Gold and Silver Ornaments
No .a/ãt is due upon gold under the ·alue oí twentv vi.qãt.
1,
. and
the .a/ãt due upon twentv is halí a vi.qãt. \hen the quantitv oí gold
exceeds twentv vi.qãt.. on e·erv íour vi.qãt. abo·e twentv are due two
qirãt.
2,
. and so on in proportion.
Za/ãt is due upon gold and sil·er bullions and upon all gold and
sil·er ornaments and utensils.

(g) Cash, Bank-notes, etc.
No .a/ãt is due upon notes. etc.. the ·alue oí which does not exceed
twel·e Lgvptian pounds or its equi·alent oí íoreign currencv. And the
.a/ãt due upon a ·alue oí twel·e pounds and upwards is two and halí
per cent oí the total monev remaining idle in possession íor the duration
oí one vear.

(h) Articles of Merchandise
Articles oí merchandise should be appraised. and a .a/ãt oí two and
a halí per cent paid upon the ·alue ií it exceeds two hundred airbav. oí
sil·er in ·alue.

(i) Mines or Buried Treasures
Mines oí gold. sil·er. iron. lead or copper are subject oí a .a/ãt oí
one-íiíth. but ií the mine is disco·ered within the precincts oí a person`s
own home. nothing is due. And ií a person íinds a deposit oí buried
treasures. one-íiíth is due upon it. No .a/ãt is due upon precious stones.

(j) Fruits of the Earth
Upon e·ervthing produced írom the ground. there is one-tenth
whether the soil be watered bv the o·erílow oí ri·ers. or bv periodical
rains. excepting the articles oí wood. bamboo. and grass. which are not
subject to the tithe. Ií the soil is watered bv means oí buckets.
machinerv. or watering camels. etc.. the .a/ãt is one twentieth.
lonev and íruits collected in the wilderness are subject to tithe.
1he .a/ãt is recei·ed bv collectors dulv appointed bv the State.
although it is lawíul íor the possessor to distribute his alms himselí.
Ií a person comes to the collector and makes a declaration upon oath
as to the amount oí his propertv or as to his ha·ing himselí distributed
the alms due. his statement is to be credited.


) 1 (
A “misqal” is equivalent to 4.680 grammes.
) 2 (
A “qirat” equals one-sixteenth of a “dirham,” or 0.195 grammes.
40
Expenditure of Income from Zakat
As regards the expenditure oí income írom .a/ãt. eight heads are
mentioned in the lolv Koran IX-60,: -
1. 1he poor.
2. 1he needv.
3. 1hose in debt.
4. Ransoming oí capti·es prisoners oí war,
5. 1he wavíarer.
6. 1he oííicials appointed in connection with the collection oí .a/ãt.
¯. 1hose whose hearts are to be harmonized bv material support.
8. 1he wav oí God.
A íew words mav be added to explain the abo·e: -
1. 1he poor are those who are unable phvsicallv or otherwise to earn
their li·ing.
2. 1he needv are those who mav be able to earn their li·elihood but
lack the means as implements. etc.
3. Bv those in debt are meant persons who mav be able to support
themsel·es. but ií thev are in debt. their debts mav be paid oíí
írom the .a/ãt íund.
4. 1he capti·es are those who are taken prisoners in war. A portion
oí the .a/ãt íund must go íor their release.
5. 1he wavíarer is a tra·eller who. though in well-to do
circumstances. stands in need oí help in a strange place or
countrv: hence a part oí the .a/ãt income must be spent on such
a person.
6. 1he oííicials who collect .a/ãt are members oí the staíí
appointed oííiciallv to manage its collection as well as the
management oí its expenditure: hence their wages are also to be
paid out oí the .a/ãt íund.
¯. & 8. 1he last two heads mentioned in the Koran. namelv those
whose hearts are to be harmonized and the wav oí God. reíer to
the propagation oí the laith. \ith respect to the preaching oí a
religion. there is alwavs a class oí people who are readv to listen
and readv to embrace Islam when thev are preached. but who. in
the meantime. ha·e to íorego material ad·antages which it is ·erv
diííicult íor them to relinquish. 1hese persons are spoken oí in
the Koran as those whose hearts are to be harmonized or united
bv gi·ing them such a portion oí the .a/ãt íund to reassure them.
Bv the wav oí God is meant the ad·ancement oí the cause oí
Islam or the deíence thereoí. Under this head. thereíore. .a/ãt
mav be spent íor the propagation oí the religion oí Islam and to
meet the objections ad·anced against it.

41
1he abo·e laws co·ering the institution oí .a/ãt principle in Islam
are detailed according to the íavati Schools oí Muslim Jurisprudence.
but the diííerences amongst the teachings oí the ´vvvi Schools oí
Muslims are but small and e·en insigniíicant.

lowe·er. the recognition oí paving the wages oí the staíí emploved
in connection with the poor-tax .a/ãt, írom that re·enue is clear in
order to denote that the institution is meant íor raising a public íund. oí
which the management should entirelv be in the hands oí a public bodv.
although it is lawíul íor the possessor to distribute his alms himselí: and
ií he makes declaration on oath to this eííect. his statement is to be
credited.

Supplementary Notes
1) Zakât is not a State Tax
As alreadv mentioned in the íoregoing chapter. the scope oí .a/ãt is
clearlv set íorth in the lolv Koran. and. thereíore. must not be
coníounded with other íorms oí compulsorv taxes imposed bv the State
on its Muslim and non-Muslim citizens alike.

In the íirst place. .a/ãt is not a tax imposed bv the State. Nor is .a/ãt
a tax destined to the State as such. 1he ·erv nature oí the institution oí
.a/ãt requires that the part. which the State is to plav in the íunction
there oí. is merelv one oí Super·ision` and not oí íull control. as is the
case where go·ernment taxes are concerned.

1he diííerence between super·ision and íull control is that the latter
would implv the right to increase or modiív the tax. to extend or limit its
scope. to suspend the imposition thereoí. or e·en to abrogate it
altogether. whereas. in its role oí super·ision. the right oí the State is
onlv to eníorce obser·ance oí the Di·ine Law as directed bv the precepts
oí the Koran and the Koran and the instructions oí the Prophet.

2) Practical Application of Zakât
Za/ãt attaches exclusi·elv to producti·e wealth. that is wealth
represented bv: -
a, Agricultural produce.
b, Pasturing domestic animals.
c, 1hings constituting readv medium oí exchange. such as sil·er.
gold. and monev in·ested in trade capital. in cash. and articles oí
merchandise, or kept as sa·ings.

42
1he law oí .a/ãt considers the producti·itv oí wealth as either
potential or actual. the íormer. inhering in such wealth as sil·er. gold.
and monev kept as sa·ings. and the latter is actual producti·itv inhering
in such wealth as agricultural produce. pasturing domestic animals and
in·ested monev. i.e. trade capital in cash and articles oí trade.

3) Cause and Object of Zakât Act
1he cause oí Za/ãt act is the producti·itv oí wealth existing in a
quantitv. number. ·alue. equal to or abo·e the established minimum
taxable limits. 1he object oí Za/ãt is the proíession oí Islam bv the
legitimate owner oí wealth under taxation.

4) Responsibility for Zakât Payment
Za/ãt is an act oí worship: it being an obligatorv impost on Muslim-
owned wealth. the .a/ãt must be discharged regardless oí age or state oí
mind.
\here adult Muslims are concerned. the responsibilitv de·ol·es
directlv upon the legitimate owner oí the wealth: where minors or insane
persons are concerned. it lies with the legal guardian or custodian
thereoí. as the case mav be. \here the .a/ãt oí wealth belonging to
minor children is concerned as. íor example. in the case oí wealth
inherited írom the mother,. the responsibilitv íor the pavment oí dues
rests with the person entrusted with the care and administration thereoí
i.e. the child`s íather. or anv other responsible person, until the child
comes to íull age.
1he same ruling applies to Muslim orphaned children or insane
Muslim men or women. where the responsibilitv oí pavment oí .a/ãt
rests with the legal guardian or custodian as the case mav be.
1rade capital. that is to sav both the reser·e and working capital i.e.
monev and articles oí trade, belonging to indi·iduals or companies. is
also subject to the pavment oí .a/ãt. where·er its ·alue is equal to or
abo·e the minimum taxable limit.

\here pri·ate ownership oí business concerns is in·ol·ed.
responsibilitv íor the pavment oí dues rests with the owner or owners:
where endowments are concerned. such responsibilitv rests with the
indi·idual or committee entrusted with the administration oí the
establishment or concern in question.

5) Exempt from Zakât Dues
It is one oí the íundamental doctrines oí Islam that the needv and
poor citizens oí anv Muslim communitv ha·e an inherent right in the
43
wealth oí erery Muslim oí means. and nowhere in the Koranic text is anv
justiíication to be íound íor exempting the wealth owned e·en bv
minors. orphans or persons oí unsound mind.

lowe·er. all establishments pri·atelv owned or endowed. which are
either totallv de·oted to charitable purposes i.e. hospitals. orphanages.
homes íor the poor. disabled and old people. etc.,. or to the ser·ice oí
humanitv i.e. scientiíic research. íree educational institutions,. are
naturallv exempt írom the obligation oí paving .a/ãt. as bv their ·erv
nature thev íulíill the purpose to which the proceeds oí .a/ãt are
dedicated. Likewise wealth which has been purposelv set aside to co·er
the expenses oí a íirst pilgrimage to the lolv Ka`ba is exempt írom
taxation. regardless oí the period oí time during which it remains
suspended. Subsequent pilgrimages being purelv optional. wealth set
aside to co·er expenses oí the same is considered as sa·ings. and.
thereíore. it is subject to taxation oí .a/ãt where the quantitv or ·alue is
equal to or abo·e the minimum taxable limit.

6) Factors of Responsibility
1he person subject to taxation must be:
a, An a·owed Muslim non-Muslims being exempt írom such
taxation,.
b, Oí sound mind.
c, A person enjoving íull íreedom oí action. Ií íor anv reason.
he´she be under anv kind oí duress. his or her responsibilitv
remains suspended until íull íreedom oí action is reco·ered.

Chapter III - Fasting
asting is one oí those religious institutions which: though uni·ersallv
recognized: ha·e had quite a new meaning introduced into them bv
the ad·ent oí Islam. lasting was generallv resorted to in times oí sorrow
and aííliction: probablv to appease anv angrv deitv` bv the heathen! In
Islam: íasting is enjoined íor the moral ele·ation oí man and íor his
spiritual de·elopment. 1his object is made clear in the lolv Koran itselí.
where íasting is enjoined upon Muslims. Verse 183. (hapter II oí the
Koran is interpreted as íollows:

O yov rbo betiere! ía.tivg i. pre.cribea tor yov. .o tbat yov vore abte to
gvara agaiv.t erit.

1he lolv Koran does not content itselí with simplv enjoining the
doing oí good and reíraining írom e·il. but teaches man the wavs bv
l
44
walking is which the tendencv to e·il in him can be suppressed and the
tendencv to good impro·ed. lasting is one oí these means. lence
íasting in Islam does not simplv implv abstaining írom íood. but also
írom e·erv kind oí e·il. In íact. abstention írom íood is but a step to
make a man realize---- ií he can. in obedience to di·ine injunctions.
abstain írom íood and drink which are otherwise lawíul íor him---how
much more expedient it is that he should reírain írom e·il. the
consequence oí which is no doubt e·il. lasting is actuallv like a sort oí
training oí man`s íaculties. íor as e·erv íacultv oí man requires training
to attain its íull íorce. the íacultv oí submission to the Di·ine \ill should
also require to be trained. lasting is one oí the means bv which this is
achie·ed.

In addition to that speciíied training. íasting has its phvsical
ad·antages. It not onlv prepares man to bear hunger and thirst and thus
to accustom himselí to a liíe oí hardship and írugalitv. so that he mav
not be too much gi·en o·er to ease. but also exercises a ·erv good eííect
upon health in general. It is a well-known teaching oí the Prophet oí
Islam that hunger is the best cure to manv ailments: this is a íact pro·ed
and deíended now-a davs bv recent medical authorities. 1he injunction
oí íasting as a religious institution and a de·otional practice in Islam is
dealt with in the Koran in the second (hapter. Verse 183 thereoí teaches
that íasting is a religious institution almost as uni·ersal as praver: and in
Islam it is one oí the íour íundamental practical ordinances. the other
three being praver .atãt,. poor-tax .a/ãt, and pilgrimage. baii,. 1he
Koran teaches that íasting was enjoined on all nations bv prophets who
passed beíore the Prophet Muhammad. In the Bible it is stated that
íasting has in all ages and among all nations been an exercise much in
use in times oí mourning and aííliction. lasting has also been in ·ogue
among the lindus. L·en (hristians. who assume that thev ha·e no need
oí anv religious exercise on account oí Jesus' atonement. are commanded
bv that Prophet to keep the íasts:

Moreo·er. when ve íast. be not. as the hvpocrites. oí a sad
countenance. But thou. when thou íastest. anoint thv head and wash thv
íace` Matt..6:16. 1¯,.

Again when the Pharisees objected to Jesus` disciples not keeping the
íast as oíten as John`s. his onlv answer was that when he would be taken
awav` then shall thev íast in those davs`luke.5:38-----35,.

But Islam has introduced quite a new meaning into the institution oí
íasting beíore Islam. lasting meant the suííering oí some pri·ation in
times oí mourning and sorrow: in Islam. it becomes an institution íor the
45
impro·ement oí the moral spiritual character oí man. 1his is plainlv
stated in the concluding words oí the ·erse oí the Koran bearing on the
pri·ileges oí the enjoinment. ·iz. So that vou mav guard against e·il
doings.` 1he object is that man mav learn how he can shun e·il. As
alreadv stated all the institutions oí Islam are actuallv practical steps
leading to períect puriíication oí the soul. But along with moral
ele·ation. which is aimed at in íasting. another object is hinted at. In íact.
the twoíold object is that Muslims mav be able to guard themsel·es: a,
morallv and spirituallv. against e·il. íor he who is able to renounce the
lawíul satisíaction oí his desires in obedience to Di·ine (ommandments.
certainlv acquires the power to renounce unlawíul gratiíication: and b,
phvsicallv against the opponents oí the Muslims bv habituating
themsel·es to suííer tribulations which thev must suííer in deíence oí
the cause oí Islam.

1he number oí davs oí íasting is deíinitelv stated in ·erses 184. 185
and 186 oí (hapter II oí the Koran namelv twentv-nine or thirtv davs oí
the month oí Ramadan. 1he ninth month oí the lunar calendar. But.
whoe·er is temporarilv sick or on a journev during the month oí
Ramadan. he shall íast a like number oí other davs. As regards those
who cannot keep the íast on account oí persistent or long-standing
disease or who are too old or weak. including in this class the woman
who is with child or who gi·es to suck. the practice is to gi·e awav the
measure oí one man`s íood to a poor man e·erv dav during the whole
month. It is pertinent to obser·e here that doing good to others charitv
or otherwise, is enjoined in addition to íasting during the month oí
Ramadan. \e are told that the Prophet who was uni·ersallv recognized
íor his charitv was most charitable during the month oí Ramadan.

1he number oí davs oí íasting. as alreadv stated. is either 29 or 30
davs according as the lunar month oí Ramadan mav contain. Lunar
months are not alwavs the same with regard to their number oí davs. As
to the duration oí each dav oí the íast. it is írom dawn to sunset.
Nothing whatsoe·er is allowed to be eaten or drunk within that duration.
Sexual intercourse is also strictlv íorbidden. But it is made lawíul to go to
the wi·es during the night oí the íast.

It is meritorious to cut oneselí írom worldlv connections during the
last ten davs oí the month oí Ramadan. passing dav and night in a
mosque. 1his practice is known as í`ti/ãt. i.e. seclusion. It is. howe·er.
·oluntarv and not obligatorv.

An important question arises regarding such countries in which the
dav are sometimes ·erv long----írom dawn to sunset where it would be
46
bevond the abilitv oí ordinarv men to abstain írom íood írom the
breaking oí dawn to sunset. In this case a Muslim is allowed to keep the
íast onlv íor such hours oí íasting as thev are kept in ordinarv countries.
lowe·er. in cases oí extraordinarv diííiculties. Muslims mav postpone
the íast to davs oí shorter length.

Chapter IV - Pilgrimage
Pilgrimage As A Fundamental
Institution
ilgrimage to Mecca is períormed in the month oí Zvt íiiia. the
twelíth month oí the Islamic vear. It is the íiíth pillar oí the Muslim
practical religion and an incumbent religious dutv. to be períormed once
during liíe-time. It is íounded upon express injunctions in the Koran. It
is a di·ine institution and has the íollowing interpreted authoritv in the
Koran íor its due obser·ance:-

.va proctaiv to tbe peopte a pitgrivage. )bey ritt cove to yov ov toot
ava ov erery tteet cavet covivg trov revote aetite.

)be rite. ot pitgrivage are pertorvea iv tbe rett·/vorv vovtb.. .o
rboerer aetervive. tbe pertorvavce ot tbe pitgrivage tbereiv. tet biv vot
trav.gre.. by ivtercovr.ivg ritb rovev. or by va/ivg vvtartvt ai.pvte or avy
rravgtivg. ava rbaterer gooa yov vay ao. Coa certaivty /vor. it. .va va/e
prori.iov ttor yov iovrvey): bvt tbe be.t prori.iov i. tbe tear ot Coa. O vev ot
vvaer.tavaivg. be caretvt to yovr avty torara. Coa.

ít .batt be vo .iv ritb yov iv .ee/ivg bovvty
t])
trov yovr íora. .o rbev
yov ba.tev ov trov .ratat tbev revevber Coa. !bo ba. gviaea yov. tbovgb.
betore. yov rere certaivty goivg a.tray.

!bev yov bare pertorvea yovr .acrea rite.. tbev tava
t2)
Coa a. yov ao
yovr orv tatber.. or ritb a yet vore ivtev.e tavaivg. ßvt tbere are .ove peopte

1
( ) Bounty here stand for trading. What is meant is that there is no harm is seeking
an increase of wealth by trading in Mecca in the pilgrimage season. before the
advent of Islam, fairs were held for trading purposes in the pilgrimage season. The
Muslims thought it a sin to take part in this, and they are told that trade was not
forbidden to them even in these days.
(2)
In the days of ignorance, i.e. before the advent of Islam, the Arabs used to boast
among themselves of the greatness of their fathers or forefathers after they had
performed their pilgrimage. They were now bidden to laud God who would make
them much greater than their forefathers.
P
47
rbo .ay. íora. gire v. tovr portiov) iv tbi. rorta: bvt .vcb .batt bare vo
portiov iv tbe bere atter.
.va .ove otber peopte .ay. Ovr íora. gravt v. gooa iv tbi. rorta ava
gooa iv tbe ve·t ava .are v. trov tbe cba.ti.evevt ot tbe tire.

)be.e .batt bare tbe tot ot rbat tbey bare earvea: Coa i. .ritt iv
rec/ovivg.

)be tir.t bov.e tvo.qve) tovvaea ot vav/iva i. tbat ot Mecca. ße it
bte..ea! ít i. gviaavce to bvvav beivg..

.va tbe pitgrivage to tbat vo.qve to tbat vo.qve i. a aerotiovat .errice.
ave to Coa. vpov erery ove tMv.tiv) rbo i. abte to vvaerta/e tbe iovrvey
tbitber.

Certain Rites of the Institution
Preparatory: pilgrimage is a íundamental ordinance oí practical
de·otion in Islam: and it represents the last stage in the spiritual progress
in this liíe.
Oí the principal requirements oí the pilgrimage is what is called
ibrãv. which represents the se·erance oí all worldlv connections. All
these costlv and íashionable dresses. in which the inner selí is so oíten
mistaken íor the outward appearance. are cast oíí. and the pilgrim has
onlv two seamless wrappers to co·er himselí. and thus shows that in his
lo·e íor his master. he is readv to cast oíí all lower connections. 1he
other important requirement is making circuits round the /aba. called
tarãt. and running between two appointed small hills known as Al-Saía
and Al-Marwa. called saav. and these are all external maniíestations oí
that íire oí di·ine lo·e which has been kindled within the heart. so that
like the true lo·er the pilgrim makes circuits round the house oí his
belo·ed.

1o call these mo·ements oí a true lo·er puerile rites and
ceremonies.` as (hristian writers do. is not onlv to show contempt íor
the (hrist-like appearance oí the pilgrim. but to denv that lo·e to God is
anvthing but mere talk.

Oí the rites to be obser·ed in connection with the institution oí
pilgrimage is the kissing oí a monumental Black Stone`. \hen making
certain appointed circuits round the /aba. A íew words are necessarv to
be added in order to clear awav serious misunderstanding relating both
48
to the /aba and the Black Stone. which are the subject oí wrong
conclusions drawn bv íoreign writers.

1hese writers presume that the honour thus gi·en to the /aba is a
remnant oí the pre-Islamic Arab polvtheism or idolatrv. L·en the
idolatrous Arabs ne·er worshipped the /aba. though thev had placed in
it so manv idols which thev worshipped. It should also be borne in mind
that the Black Stone which the Muslim pilgrims ha·e to kiss while thev
are making their circuits round the /aba was not one oí the Arab idols.
nor can the kissing oí it when períorming the pilgrimage be looked upon
as a remnant oí idolatrv. 1hat stone stands onlv as a monument: 1he
stone which the builder reíused is become the head-stone oí the
corner.`Ps..118:22,. Ishmael was looked upon as rejected. and the
co·enant was considered to ha·e been with the children oí Isaac or the
Israelites. vet it was rejected stone. íor which the Black Stone at /aba.
the place where Ishmael was cast. stands íor a monument. that was to
become the beaa·.tove ot tbe corver. 1he Black Stone is unknown so it is
1he Stone that was cut out oí the mountain without hands.`Daviet.
2:45,. Jesus (hrist made this ·erv clear in the parable oí the
husbandman. when he plainlv told the Israelites that the ·inevard i.e. the
Kingdom oí God, would be taken írom them and gi·en to other
husbandmen`. i.e. to non-Israelite people. immediatelv gi·ing indication
oí that people in the words.

Did vou ne·er read in the scripture: 1he stone which the builders
rejected. the same is become the head oí the corner.`Matt..21:42, and
again emphasized his objects in the words:` 1he Kingdom oí God shall
be taken írom and gi·en to a nation bringing íorth the íruits
thereoí.`Matt.. 21:43,. thus showing that Jesus was reíerring to a
rejected nation. lence ií the Black Stone.` Is kissed it is not kissed as
an idol or as a heathen God but as a monument oí the rejection oí a
nation which was to become the corner Stone` in the Di·ine kingdom

Sunni Way of Performing The
Pilgrimage
As alreadv stated. the enjoined pilgrimage to Mecca and the Sacred
louse oí God. i.e. the lolv ancient Mosque. is períormed in the month
oí Zvt íiiia. the 11
th
lunar month oí the A.l. calendar. and the pilgrim
must reach Mecca beíore the ¯
th
dav oí that month. As regards the
íormalities to be obser·ed during the pilgrimage. e·erv Muslim can easilv
learn them írom the instructors. who are usuallv locallv appointed bv the
authorities to instruct the laitv pilgrims as to what to do. although the
49
literate mav get all iníormation required on the rites to be obser·ed bv
consulting the books oí laws beíore lea·ing íor their journev.

1he íollowing is a complete summarv oí the principal rites in
connection with the institution oí the pilgrimage as obser·ed bv the
´vvvi or Orthodox Muslims:

Upon the pilgrim`s arri·al at the last stage near Mecca. he bathes
himselí. and períorms two ra/ãt. and then di·ests himselí oí his clothes
to assume the pilgrim`s robe. which is called ibrãv. 1his garment consists
oí two seamless wrappers. one being wrapped round the waist and the
other thrown looselv o·er the shoulder. the head being alwavs leít
unco·ered
1
,. Sandals mav be also worn. but not boots or shoes. Aíter
ha·ing assumed the pilgrim`s garb. he must not anoint his head. sha·e
anv part oí his bodv. pare his nails. nor wear anv other than the ibrãv.
1he pilgrim. ha·ing now entered upon the hajj pilgrimage institution,.
íaces Mecca and makes the viyya intention, bv saving: O God. I
purpose to períorm the hajj : make this de·otional ser·ice easv to me
and accept it írom me.` le then proceeds on his journev to the sacred
citv and on his wav. as well as diííerent periods during the pilgrimage he
recites. alone or with the companv oí his íellow pilgrims. in a loud ·oice.
the pilgrim`s supplication called the tatbiya a word signiíving waiting or
keeping stand íor orders,. In Arabic it runs thus:-----

íabbay/a. attabvvva tabbay/a.
íabbay/a : tã .bari/a ta/. tabbay/a.
ívvat·bavaa rav·vi·vata ta/.
!at·vvt/o ta/
íã .bari/a ta/.

\hich mav be rendered in Lnglish as íollow: -
I stand up íor 1hv Ser·ice. O God.
I stand up.
I stand up. 1here is no partner with 1hee.
I stand up.
Verilv 1hine is the praise. the blessing
and the Kingdom.
1here is no partner with 1hee.`
Immediatelv on his arri·al at Mecca the bãii períorms legal ablution in
the Ma.iiavt·íarãv the sacred Mosque oí Mecca, and then kisses the
Black Stone. le then encompasses the /aba se·en times: three times at a

) 1 (
But women must always keep their heads

covered.
50
quick stop or run. and íour times at a slow pace. 1hese acts are called
tawaí or the circuit. and are períormed bv commencing on the right and
lea·ing the kaba on the leít. Lach time as the pilgrim passes round the
/aba. he touches the Rv/vvt·Yavav or the \emen corner. and kisses the
Black Stone. le then proceeds to the Maaãvv·íbrãbiv. or the seat oí
Abraham. where he recites the ·erse 125 oí the second (hapter oí the
Koran: !atta/bi.v viv vaqã íbrãvbiv Mv·..attã. i.e.` 1ake ve the
station or seat oí Abraham íor a place oí praver.` and períorms pravers
oí two ra/ãt..

le then goes to the gate oí the Sacred Mosque leading to Mount .t·
.ata. and írom it he ascends the bitt. reciting in a loud ·oice the ·erse 158
oí the second (hapter oí the Koran: ív·va.·´atã rat Marrã viv ´b`ã·
ir·it·íãb. i.e. 1erity .t·´ata ava .t·Marara are covvtea a. rite. ot tbe
Dirive ´errice ot Coa. la·ing arri·ed at the summit oí the hill turning
towards the Ka`ba. he recites the íollowing :

íã it·tat·íãb. íã itãba·it·at·íãb rabaab: tã .bari/a tab : .aaaqa
raaab ra va.ara abaab: ra ba.avat·ab.ãba rabaab. ta itaba ittat·
íabi.e.

1here is no deitv sa·e God Allah,. 1here is no deitv but Allah alone.
le has no partner. le has executed lis promise. and has gi·en ·ictorv
to his ser·ant Muhammad,. and le has alone deíeated the hosts oí
iníidels. 1here is no deitv sa·e God.`

51
1hese words are recited thrice. le then runs írom the top oí Mount
Al-saía to the summit oí Mount AL-Marwa se·en times. repeating the
aíoresaid supplication or praver.
1his is the sixth dav. the e·ening oí which is spent at Mecca. where
he again encompasses the /aba once.

On the se·enth dav he listens to the /bvtba. or oration. in the Sacred
Mosque. on the excellence oí the pilgrimage and the necessarv duties
required oí all true Muslims. On the íollowing dav. which is called the
dav oí tarriya
1,
satisíving thirst,. he proceeds with his íellow-pilgrims
to a place called Mina. where he spends the night. períorming the usual
ser·ice oí the Muslim rites.

On the next dav. it being the ninth oí the month. all pilgrims proceed
to Mount Araíat where thev spend the whole dav. períorming the
middav and aíternoon stated pravers. and hearing the sermon and
spending the time in reciting the Koran or making humble-supplications
to God. asking lis ía·our oí íorgi·eness oí their sins and soliciting lis
guidance to a ·irtuous liíe. etc. Beíore sunset the pilgrim lea·es Araíat
íor a stage called .t·Mv.aatita. a place between Mina and Araíat. where
he should arri·e íor the sunset and night pravers.

1he next dav. it being the tenth oí the month and known all through
the Muslim world as Yarvvt·vabri. or the dav oí sacriíice and celebrated
as the íia·et·abbã. or the great íeast known in the \est as Kurban
Bairam. Larlv in the morning. ha·ing said their pravers at .t·Mv.aatita.
the pilgrims proceed in a bodv to three monumental pillars at Mina. 1he
pilgrim casts se·en small stones or pebbles at each oí these pillars. this
ceremonv being called rav·yot·ivvãr. or throwing oí the pebbles.
lolding the pebbles which he can easilv pick up írom the sand at the
localitv,. between the thumb and íoreíinger oí the right hand. the pilgrim
throws it at a distance oí some íiíteen íeet. and savs: In the name oí
God. the Almightv. I do this. and in hatred oí the de·il and his shame.`
1he remaining pebbles are thrown in the same wav at each oí the other
pillars.

1he pilgrim then returns to Mina and períorms the sacriíice oí the
Bairam - íia·et.a·ba.` 1he ·ictim mav be a sheep. a goat. a cow. or
e·en a camel. according to the means oí the pilgrim.


(1)
The 8
th
day of the pilgrimage is so called because the pilgrims happen to give
drinking water to their camels.
52
\hen slaughtering the pilgrim savs in a loud ·oice: .ttãbv a/bar.
God is Greater. O God. accept this sacriíice írom me.`
1his ceremonv concludes the pilgrimage: and there bãii or pilgrim
then gets himselí sha·ed. his nails pared. and the ibrãv. or pilgrim`s
garment is taken oíí and replaced bv the usual dress. Although the
pilgrimage rites are o·er bv this time. he should ha·e rest at Macca íor
the íollowing three davs. which are known as ayyãvvt·ta.briq. or the davs
oí drving up oí the blood oí the sacriíice -three well- earned davs oí rest
aíter the peripatetic períormance oí the last íour davs.

Beíore lea·ing Mecca íor good. the pilgrim should once more
períorm the circuits round the Ka`ba and throw stones at the Satanic
pillars at Mina se·en times. le must also drink oí the water oí the
íamous well near the Ka`ba. known as Zamzam well.

1he throwing oí these stones or pebbles against the aíoresaid
monumental pillars represents a deeplv rooted heartv intention on the
part oí the pilgrim. that he will ne·er again íollow the íoot-steps oí
wicked. naughtv or bad companv or to listen to e·il suggestions. usuallv
known as the path oí the de·il or Satan. 1his practice can bv no means
be mistaken íor an idolatrv presentation. It is rather a meritorious act oí
selí-suggestion.
Most Muslims then go to Al-Medina to ·isit the shrine oí their
Prophet. citv.

lrom the time the pilgrim has assumed the ibrãv until he takes it oíí.
he must abstain írom worldlv aííairs and de·ote himselí entirelv to the
duties oí de·otion. le is not allowed to hunt or kill game. le is
prohibited to unite in sexual intercourse. make ·ainglorv dispute. commit
anv unlawíul act. or to use bad language or insulting words.

1he appointed pilgrimage known as baii. as alreadv stated. can onlv be
períormed on the appointed davs oí the month oí Zvt íiiiab. But a
·isitation can be meritoriouslv made to the Sacred Mosque at Mecca at
anv time oí the vear: and in this case it is not called pilgrimage. but it
takes the name oí vvra. meaning ·isitation to the lolv Mosque.

Ií the pilgrim happens to arri·e at Mecca as late as the ninth dav oí
the month. he can still períorm his dutiíul pilgrimage legallv ií he can
join the pilgrims when at Mount Araíat on that dav.

1he Pilgrimage cannot be períormed bv Proxv according to the ´vvvi
or Orthodox School oí Law. But ií a Muslim on his death-bed bequeaths
53
a sum oí monev to be paid to a certain person in order to períorm the
pilgrimage bv proxv. this is considered as satisíving the claims oí the
Muslim Law.

It is regarded a highlv meritorious act to pav the expenses oí a poor
Muslim who cannot aííord to períorm the pilgrimage.
Ií a Muslim has the means oí períorming the pilgrimage. and omits to
do so. he is considered to ha·e committed a great sin.

According to the savings oí the Prophet. the merits oí a pilgrimage to
the Sacred Mosque the house oí Allah at Mecca, are ·erv great:

íe rbo va/e a pitgrivage tor Coa`. .a/e. ava aoe. vot tat/ too.ety. vot
act ric/eaty. .batt retvrv trov it a. pvre trov .iv a. tbe aay ov rbicb be ra.
borv. 1erity pitgrivage ava vvra tri.itatiov to tbe íoty Mo.qve) pvt aray
porerty ava .iv ti/e tbe tire ot a torge rbicb revore. aro..`. !bev yov .ee a
pitgriv. .atvte ava evbrace biv. ava reqve.t biv to a./ paraov ot Coa tor
yov. tor bi. .iv. bare beev torgirev ava bi. .vppticatiov. vay be acceptea.

Summary Of The Fundamental
Enjoinments Relating
To Pilgrimage
he principal rites to be obser·ed in connection with the institution
oí the pilgrimage are:-
1. íbrãv. that is entering the sacred land in a state oí ibrãv in which
the ordinarv clothes are put oíí and all pilgrims wear one kind oí
apparel. consisting to two seamless sheets. lea·ing the head
unco·ered. except in case oí women pilgrims who co·er their
heads.
2. )arãt.. or making circuits round the Ka`ba se·en times.
². ´a`y. or running se·en times between two small hills neighbouring
the Ka`ba. known as Al-Saía and Al-Marwa.
4. Staving in the plain oí Mount Araíat on the 9
th
dav oí the month
oí pilgrimage Zul lijja,. where the noon and aíternoon pravers
shall be said.

It will be seen that the state oí ibrãv makes all men and women
stand upon one plane oí equalitv. all wearing the same ·erv simple dress
and li·ing in the same conditions. All distinctions oí rank and colour. oí
wealth and nationalitv. disappear: and the prince is now indistinguishable
írom the peasant. 1he whole oí humanitv assumes one aspect. one
attitude. beíore the Master. 1hus the greatest and noblest sight oí human
1
54
equalitv is witnessed in that wonderíul desert plain called Araíat` which
makes man obtain a better knowledge oí his (reator. the word Araíat`
being deri·ed írom arata. meaning he came to acquire knowledge oí
something,. 1he whole oí the world is unable to present so noble a
picture oí real brotherhood and equalitv.

1he condition oí pilgrim and the diííerent mo·ements connected
with the pilgrimage. the making oí circuits and running to and íro. in íact
represent the stage in which the worshipper is imbued with the spirit oí
true lo·e oí the Di·ine Being. 1hat lo·e oí God which is so much talked
oí in other religious becomes here a realitv. 1he íire oí di·ine lo·e being
kindled in the heart. the worshipper now. like a true lo·er. neglects all
cares oí the bodv. and íinds his highest satisíaction in sacriíicing his ·erv
heart and soul íor the belo·ed One`s sake: and like the true lo·er he
makes circuits round the house oí his belo·ed and hastens on írom place
to place. le shows. in íact. that he has gi·en up his own will and
sacriíiced all his interests íor lis sake.

1he lower connections ha·e been cut oíí. and all the comíorts oí
this world ha·e lost their attraction íor the Lord. 1he pilgrim. indeed.
represents the last stage oí spiritual ad·ancement. and bv his outward
condition and his mo·ements the pilgrim onlv announces to the whole
world how all the lower connections must be cut oíí to reach the great
goal oí human períection and nearness to God. which can onlv be
attained bv holding true communion with the Unseen Di·ine Being.

Stanley Lane Pool’s Comments
ommenting on the institution oí the pilgrimage. Stanlev Lane Pool
- a prominent Orientalist -makes the íollowing remarkable
comment. which mav throw still more light on the subject: -

1his same pilgrimage is oíten urged as a sign oí Mohammad`s
tending to superstition and e·en idolatrv. It is asked how the destrover oí
idols could ha·e reconciled his conscience to the circuits oí the Kaaba`
and the ·eneration oí the Black Stone`. But the íact is that Mohammad
percei·ed that the worship in the Kaaba` would pro·e oí real ·alue to
the religion. le swept awav the more idolatrous and immoral part oí the
ceremonies. and retained the pilgrimage to Mecca and the old ·eneration
oí the temple íor reasons oí which the wisdom is impossible to dispute.
le well knew the consolidating eííect oí íorming a centre to which his
íollowers should gather: and hence he reasserted the sanctitv oí the Black
Stone. le ordained that e·ervwhere throughout the world the Muslim
should prav looking towards the Kaaba` and he enjoined him to make
(
55
the pilgrimage thither. Mecca is to the Muslim what Jerusalem is to the
Jew. It bears with it all the iníluence oí centuries oí associations. It
carries the Muslim back to the cradle oí his íaith. the childhood oí his
Prophet: it reminds him oí the struggle between the old íaith oí idolatrv
and the new one Islam,. oí the o·erthrow oí the idols. and the
establishment oí the worship oí the one true God. And most oí all. it
bids the Muslim remember that all his brother-Muslims are worshipping
towards the same sacred spot. that he is one oí a great companv oí
belie·ers. united bv one íaith. íilled with the same hopes. re·erencing the
same thing. worshipping the same God.`
1,





PART II TRANSACTIONS
Chapter V - Marriage
he third section oí the Muslim Law concerns transaction. Arabic:
Mv`ãvatãt,.
1ransactions are subdi·ided into marriage: inheritance: contracts:
sale: barter and agencv.
Marriage is enjoined bv the Prophet upon e·erv Muslim. while
celibacv is írequentlv condemned bv him. It is related in the traditions
that the Prophet said:
!bev tbe .erravt ot Coa varrie.. be pertect. batt ot bi. retigiov. tet biv
tbev .trire to pertect tbe otber batt by teaaivg a rigbteov. tite.

1he íollowing are some oí the saving oí the Prophet on the subject
oí marriage:-
)be be.t reaaivg i. tbat vpov rbicb tbe tea.t trovbte ava e·pev.e are
be.torea.

)be ror.t ot tea.t. are varriage tea.t. to rbicb tbe ricb are ivritea ava
tbe poor are tett ovt. bvt be rbo i. ivritea .bovta accept tbe ivritatiov
borerer.
Matrivoviat attiavce. tbetreev tro tavitie. or tribe.) ivcrea.e trieva.bip
vore tbav avytbivg et.e.


) 1 (
Vide introduction to Lane’s Selections, page 94.
1
56
Marry rovev rbo tore tbeir bv.bava. ava be rery protitic. tor í ri.b yov
to be vore vvverov. tbav avy otber peopte`.

!bev avyove aevava. yovr aavgbter iv varriage. ava yov are ptea.ea
ritb bi. ai.po.itiov ava bi. taitb. tbev gire ber to biv.

. rovav vay be varriea eitber tor ber reattb. ber repvtatiov. ber
beavty or ber retigiov tbev too/ ovt tor a retigiov. rovav.

.tt yovvg vev rbo bare arrirea at tbe age ot pvberty .bovta varry. tor
varriage protect tbev agaiv.t ivtevperavce.

!bev a Mv.tiv varrie. be pertect. batt ot bi. retigiov. ava be .bovta
practi.e rigbteov.ve.. to .ecvre tbe revaivivg batt.

ßerare. va/e vot targe .etttevevt. aorry vpov rovev. becav.e it great
.etttevevt. rere a cav.e ot greatve.. iv tbe rorta ot rigbteov.ve.. betore Coa.
.vrety it rovta be vo.t proper tor tbe Propbet ot Coa to va/e tbev.

!bev avy ot yov ri.be. to aevava a rovav iv varriage. it be cav
arravge it. tet biv .ee ber tir.t.

. rovav ripe iv year. .batt bare ber cov.evt a./ea varriage. ava it .be
revaiv. .itevt trbev a./ea) ber .itevce i. ber cov.evt. ava it .be retv.e. .be
.batt vot be varriea by torce.

. rivaor .batt vot be varriea vvtit .be be cov.vttea. vor .batt a rirgiv
be varriea vvtit ber cov.evt be a./ea. )be covpaviov. .aia: ív rbat vavver
i. tbe pervi..iov ot a rirgiv` íe reptiea. íer cov.evt i. by ber .itevce.

lrom the abo·e-mentioned teachings oí the Prophet. it is clear that
Islam encourages marriage and condemns celibacv. Men and women
must marrv. not once in their li·es. but so long as thev ha·e the strength
and can aííord to support each other.

In the earlv davs oí Islam. women belonging to the most respectable
íamilies in Mecca married se·eral times aíter becoming widows or -
contrarv to the attitude oí (hurch (hristianitv - aíter ha·ing been
di·orced bv their husbands.

57
During the pre-Islamic period oí the Arabs. there was no limit to the
number oí wi·es a man could take. But Islam limited the number to one.
with permission to marrv. ií necessarv. two or three or e·en íour..
proriaea tbat one can treat them with justice and equalitv in one`s relation
with them as husband. which is extremelv diííicult. lence the tendencv
oí Islamic Law is towards monogamv. though it does not deíinitelv bind
a man to take onlv one wiíe. In other words. monogamv is the rule. and
polvgamv is an exception. it being a remedial course to be resorted to
certain cases and under certain conditions. lor the circumstances and
exigencies ruling polvgamv. the reader is reíerred to (hapter on 1he
Status oí \omen in Islam`. In Vol. I oí this work.

At present the concession oí marrving more than one wiíe is enjoved
bv ·erv íew. as the economic conditions and the practical diííiculties
in·ol·ed in bringing up a large íamilv are rather against polvgamv. In the
earlv davs oí Islam. the circumstances were quite diííerent owing largelv
to the then pre·ailing social and political conditions. \ars oí conquests
ended in the capture oí a large number oí women. some oí whom were
supported bv the conquerors. Polvgamv then became a necessitv and
oííered a readv solution to social problems. A certain latitude in those
davs was necessarv. 1he same solution might be resorted to ií similar
social conditions would suggest themsel·es. A number oí the íaithíul
íollowers oí the Prophet were being killed in religious waríare. Public
policv and morals required that their widows and grown-up daughters
should be adequatelv pro·ided íor and gi·en protecting shelter. It was.
thereíore. in a spirit oí selí-sacriíice on the part oí Muslim men that
within the limit oí tovr rire. prescribed bv the law. the belie·ers took in
wedlock the widows and daughters oí their íriends. who had sacriíiced
themsel·es in the cause oí their religion. 1he greatest sacriíice in this
respect was made bv the Prophet himselí. whose additional object in
ha·ing as manv as nine wi·es - all oí whom except A`isha, were elderlv
women - was to propagate the teachings oí Islam through them among
the women oí Arabia. It was through the Prophet`s wi·es that the Arab
women. who embraced Islam. came to know what the institutions oí the
new religion - as en·isaged bv the dailv liíe oí the Prophet - reallv were.

Marriage – A Civil Contract
In Islam. marriage is a ci·il contract made bv mutual consent
between man and woman. \hat is necessarv among the ´vvvi or
orthodox Muslims to conclude a match is the presence oí two male or
one male and two íemale witnesses and a dower. A woman who has
reached the age oí pubertv is íree to choose. to accept. or to reíuse an
58
oííer. although such a conduct mav be against the declared wishes oí her
parents oí guardian.

Ií a girl is married in her iníancv. she mav renounce and dissol·e the
contract. ií she wills. on reaching her majoritv. Although the parents are
recommended to íind a suitable match íor their daughter. thev cannot
legallv íorce her to agree to it. ler consent in anv case is necessarv. She
can make her own terms beíore the marriage. as to the amount oí dower
to be paid to her. the dissolution oí marriage in case her husband lea·es
the localitv and goes to some other countrv. or in regard to anv other
matter such as the husband taking another wiíe. etc.. All terms.
conditions and stipulations agreed to mutuallv must be recorded in the
contract oí marriage bv the registrar and would be binding to the
husband.

In the case oí impotence. insanitv or extreme po·ertv which renders
it impossible íor the husband to support his wiíe. or should he be
imprisoned íor such a length oí time that the wiíe should suííer lack oí
sustenance. she has the right to di·orce him bv a ·erdict oí the judge.

A man mav see the íace oí his bride. nav he is encouraged bv the law
to do so beíore the consummation oí marriage. though in practice this
legal concession is not utilized in certain eastern countries. where íuture
husbands recei·e iníormation about their spouses through their women
relation who arrange the marriage.

A man mav di·orce and re-marrv the di·orced wiíe. but ií he
pronounces di·orce on three occasions. she cannot return to him. unless
aíter ha·ing married another man and li·ed with him as his wiíe íor a
length oí time. She mav be di·orced bv the second husband. and then
she mav be re-married to the íirst. 1his. howe·er. happens onlv in
extreme cases. 1he object oí this law is that the husband who has
di·orced his wiíe should íeel ashamed and disgraced to take her back
aíter she has re-married and li·ed as wiíe oí another man. 1hereupon. in
practice onlv. a íew people take ad·antage oí the right to di·orce their
wi·es on the slightest siníul act. Di·orce is condemned bv the Prophet
and is not to be resorted to except in una·oidable circumstances. such as
iníidelitv oí the wiíe. or other similar serious causes.

Kinds Of Divorce
Di·orce in Islam is oí two kinds:
Revocable, and Irrevocable.
59
A husband has the right to di·orce his wiíe: but this right is not
eííecti·e until the period oí iaaat. i.e. probation is o·er. 1his period is
three menstrual courses or three month. and during this time the right oí
the husband to re·oke the di·orce is a·ailable.
Should the wiíe sur·i·e her husband. the period oí iãaat or probation
is prolonged to íour months and ten davs: beíore this period is ended.
the widow cannot legallv get married to a new husband.
Ií a woman is pregnant and di·orce has to be resorted to. the iaaat
period continues until the deli·erv takes place. In this case. the wiíe has
the right to reside in her husband`s house and be maintained bv him.
A child born six month aíter the marriage is considered the child oí
the married husband: but ií the child is born earlier than six month aíter
the marriage. it is not considered legitimate.

Different Forms of Divorce
1he íollowing are the diííerent íorms oí di·orce current among the
´vvvi.:
Besides impotence on the part oí the husband. a ·erdict oí di·orce
mav be pronounced bv the competent judge on the demand oí the wiíe
in the íollowing cases:
1. Unequalitv oí status oí man and woman.
2. Insuííicient dower.
3. Ií the Muslim husband embraces anv religion other than Islam.
4. Ií a husband charges his wiíe with adulterv. e·en though she
swears that she is innocent and the íormer insists that she is not.
5. Ií the husband is imprisoned íor such a length oí time that she
suííers írom want oí li·ing.
6. Kbvt` di·orce. which means a result oí continuous disagreement
between husband and wiíe. when the latter is willing to íorego
some oí her own pri·ileges or make a certain ransom to íree
herselí írom her husband.

Prohibited Marriages
One oí the íundamental principles oí Islam is that neither a Muslim
can marrv an idolatress nor a Muslim woman can marrv an idolater.
1he direct result oí such prohibited marriages would be to introduce
no idolatrv in Islam. which it had strenuouslv stri·en to eradicate.
Otherwise. Islam is quite liberal in this respect. as it permits Muslim men
to marrv ·irtuous women among the (hristians or the Jews. lowe·er.
the Islamic Law. íor reasons closelv connected with policv. does not
allow a Muslim woman to marrv a (hristian or a Jew.

60
Suggested Reconciliation
In case there is íear oí breach between wiíe and husband.
reconciliation is recommended to be sought through the medium oí two
arbitrators: one chose írom the íamilv oí the husband and the other
írom the wiíe`s íamilv: ií thev are desirous oí agreement. mavbe God
through lis Mercv eííects a reconciliation between them.

Prohibited Marriage Relations In
Islam
1hese prohibitions are detailed in ·erses 22. 23 and 24. (hapter 4. oí
the Koran. which are interpreted as íollows:
.va varry vot rovev rbov yovr tatber. bare varriea: tor tbi. i. a
.bave. ava batetvt ava av erit ray - tbovgb rbat i. pa..ea vay be torgirev
t])
.

íorbiaaev to yov are yovr votber.. ava yovr aavgbter. ava yovr .i.ter..
ava yovr avvt.. botb ov tbe tatber`. ava votber`. .iae.. ava yovr to.ter votber.
ava yovr to.ter .i.ter.. ava tbe votber. ot yovr rire.. ava yovr .tep·aavgbter.
rbo are yovr rara.. borv ot yovr rire. to rbov yov bare gove iv tbvt it yov
bare vot gove iv vvto tbev. it .batt be vo .iv iv yov to varry tbev). ava tbe
rire. ot yovr .ov. rbo proceea ovt ot yovr toiv.: ava yov are torbiaaev to varry
tro .i.ter. at a tive.

Yov are at.o torbiaaev to varry avy varriea rovav.

Religious Ceremony
On The Occasion Of Marriage
he Islamic Law appoints no speciíic religious ceremonv. nor anv
religious rites necessarv íor the contraction oí a ·alid marriage.
Legallv a marriage contracted between two persons passing the
capacitv to enter into the contract is ·alid and binding. ií entered into bv
mutual consent in the presence oí witnesses. In all cases. the religious
ceremonv is leít entirelv to the discretion oí the qualiíied registrar known
as the va`.v. that is the representati·e oí the court. parties.
Below is gi·en. in e·tev.o. the nuptial sermon. uni·ersallv preached on
the occasion oí marriage. in imitation oí the Prophet:


) 1 (
This exception refers to what had taken place in the time of ignorance, previous
to the revelation of the Koran.
1
61
O ye betierer.. tear Coa a. íe ae.errea to be tearea. ava aie vot ritbovt
barivg becove trve Mv.tiv.. O vev. tear yovr íora !bo batb createa yov ot
ove progevitor. ava ot tbe .ave .pecie. íe createa bi. rite ava trov tbe.e traiv
batb .preaa abroaa .o vavy vev ava rovev. .va tear ye Coa. iv rbo.e
vave ye a./ vvtvat tarovr. ava rererevce tbe rovb. tbat bore yov. 1erity
Coa i. ratcbivg orer yov. O betierer.. tear Coa ava .pea/ ritb rett·gviaea
.peecb. tbat Coa vay bte.. yovr aoivg. tor yov ava torgire yov yovr .iv.. .va
rbo.oerer obey. Coa ava íi. .po.tte ritb great bti.. be .vrety .batt be
bte..ea.

1he sermon is a collection oí Koranic ·erses and their repetition at
each and e·erv wedding is meant to remind the Muslim men and women
oí their duties and obligations. It opens with a commandment to íear
God. and the selísame commandment is repeated quite a number oí
times in the course oí the ceremonv. showing that the whole oí the
ceremonv is to be carried through with íear oí God. so that írom
beginning to end it mav be a pure. moral binding and that no selíish
equi·ocation or hvpocritical pre·arication mav mar the sanctitv oí the
sacred rite.
1he registrar - ha·ing recited the abo·e ·erses with certain savings oí
the Prophet bearing on the beneíits oí marriage. and the bridegroom and
the bride`s attornev usuallv the íather. uncle or elder brother, and the
witnesses ha·ing assembled in some con·enient place commonlv the
bride`s domicile, and arrangements ha·ing pre·iouslv been made as to
the amount oí dower pavable to the bride-begins to request the
bridegroom to ask God íorgi·eness íor his sins and to declare his belieí
in the unitv oí God and the Prophethood oí lis Apostle Muhammad.
1he registrar then asks the bridegroom whether he accepts to be wedded
to . mentioning the name oí the bride, against such and such a dower
pavable to her and on the law principles stated in the Koran and in the
savings oí the Prophet. 1he bridegroom answering in the aííirmati·e. the
registrar announces the consummation oí the marriage contract.

1he ceremonv being o·er. the bridegroom shakes hands with the
íriends and those oí the relati·es who happen to be present and recei·es
their congratulations.

Marriage Festivals
Marriage is preceded and íollowed bv íesti·e rejoicings which ha·e
been ·ariouslv described bv Oriental tra·elers. but thev are not parts oí
either the ci·il or religious ceremonies.
62
1he bridegroom is entitled to see his íianée beíore the contract oí
marriage is entered into. though this custom is not usuallv exercised in
manv Muslim countries.

Inequality Of The
Two Sexes Regarding Divorce
arriage being regarded as a ci·il contract and as such not
indissoluble. the Islamic Law naturallv recognizes the right oí
both parties to dissol·e the contract under certain gi·en circumstances.
Di·orce. then. is a naturallv corollarv to the conception oí marriage as a
contract. and it is regrettable that it mav ha·e íurnished Luropean critics
with a handle íor attack. 1hev seem to entertain the ·iew that the Islamic
Law permits a man to repudiate his wiíe e·en on the slightest disgust.`
\hether the law permits or ía·ours repudiation on the slightest disgust.
we shall presentlv see. But there is another point raised bv these critics.
namelv the inequalitv oí the two sexes in regard to the right oí obtaining
a di·orce. which inequalitv is in íact more seeming than real. 1he theorv
oí marriage. no doubt. points to a subordination oí the wiíe to her
husband. because oí her comparati·e iníerioritv in discretionarv powers:
but in practice the hands oí the husband are íettered in more wavs than
one. 1he theoretical discretion must not be understood as gi·en a tacit
sanction to the excesses oí a brutal husband: on the other hand. it is
intended to guard against the possible dangers oí an imperíect judgment.
1he relation between the members oí the opposite sex which marriage
legalizes are. howe·er. so subtle and delicate and require such constant
adjustment. in·ol·ing the íate and well-being oí the íuture generations.
that in their regulation the law considers it expedient to allow the ·oice
oí one partner. more or less. predominance o·er that oí the other.

Perhaps it is here worthv oí notice that in Lurope the two sexes are
not placed on the equal íooting in respect oí the right oí di·orce. Lord
lelier. P.(.. K.(.B.. who was president oí the Probate. Di·orce and
Admiraltv Di·ision oí the ligh (ourt oí Justice. 1892-1905. obser·es on
this point thus: Much comment has been made on the diííerent
grounds. on which di·orce is allowed to a husband and to a wiíe - it
being necessarv to pro·e iníidelitv in both cases. but a wiíe being
compelled to show either an aggra·ation oí that oííence or addition to it.
Opinions probablv will alwavs diííer whether the two sexes should be
placed ov av eqvatity iv tbi. re.pect. abstract justice being in·oked. and the
idea oí marriage as a mere contract. pointing in one direction. and social
consideration in the other. But the reason oí the legislature íor making
the distinction is clear. It is that the wiíe is entitled to an absolute di·orce
M
63
onlv ií her reconciliation with her husband is neither to be expected nor
desired. 1his was no doubt the ·iew taken bv the louse oí Lords`
1,


Limitation of Divorce
A Muslim is not íree to exercise the right di·orce on the slightest
disgust.` 1he law has put manv limitations upon the exercise oí this
power. 1hen again the example and precepts oí the Prophet in this
particular ha·e rendered di·orce most repellent to the Muslim mind. A
Muslim is permitted to ha·e recourse to di·orce. pro·ided that there is
ample justiíication íor such an extreme measure. 1he Koran expresslv
íorbids a man to seek pretexts íor di·orcing his wiíe. so long as she
remain íaithíul and obedient to him in matters recommended bv the law:

ít rovev obey yov ti.e. iv tartvt vatter.). tbev ao vot .ee/ a ray agaiv.t
tbev. that is seek not a pretext íor separation.

1he law gi·es man. primarilv. the íacultv oí dissol·ing the marriage. ií
the wiíe. bv her indocilitv or her bad character. renders the married liíe
unhappv. but in the absence oí serious reasons. no Muslim can justiív a
di·orce either in the eves oí religion or the law. Ií he abandons his wiíe
or puts her awav írom simple caprice. he draws upon himselí the di·ine
anger. íor tbe cvr.e ot Coa.` Said the Prophet. re.t. ov biv rbo
repvaiate. bi. rite capriciov.ty.`

In the Koran. there is most ediíving ·erse which is generallv
o·erlooked bv the critics oí Islam: ...ociate ritb yovr rire.. so runs the
·erse. ritb gooave..: ava it ye ai.ti/e tbev. it vay be tbat ye ai.ti/e a tbivg
ava Coa vay pvt abvvaavt gooa iv it. 1hus the Koran enjoins
íorbearance. e·en with a wiíe the husband does not like. One reallv
wonders at the boldness oí the critic is who presume that the Islamic
Law permits di·orce on e·en the slightest disgust.`

Manv and ·arious are the savings oí the Prophet oí Islam that teach
lo·e. untiring patience. íorgi·ing disposition and. abo·e all. íear oí God
in the treatment oí women.

)be vav rbo bear. tbe itt·vavver. ot bi. rite. said the Prophet.
.batt receire trov Coa rerara. eqviratevt to rbat tbe íora gare to ´ob. rbev
be .vtterea bi. atttictiov. .va to tbe rovav rbo bear. tbe itt·vavver. ot ber

1 ( )
Cp. Review of Religions, April 1913.
64
bv.bava. Coa gravtetb rerara. eqviratevt to rbat íe gravtea to ...iyab. tbe
rigbteov. rite ot Pbaraob.

It is to be rightlv obser·ed that di·orce in Islam is allowable onlv
when the object is not to trouble the wiíe bv di·orcing her without just
grounds. such as reíractorv or unseemlv beha·iour on her part. or
extreme necessitv on the part oí the husband.

Islam discourages di·orce in principle. and permits it onlv when it has
become altogether impossible íor the parties to li·e together in peace
and harmonv. It a·oids. thereíore. greater e·il bv choosing the lesser
one. and opens a wav íor the parties to seek agreeable companions and.
thus. to accommodate themsel·es more comíortablv in their new homes.

lor. under Islam. a di·orced woman. like the husband who di·orces
her. acquires the right oí marrving anv person she likes. the moment the
separation is recognized bv the law
1,.


lullv recognizing the e·ils that arise írom di·orce. the Prophet oí
Islam took ·erv cautious steps in íraming the law: and the ruling idea
seems to be that di·orce is justiíied onlv when marriage íails in its eííects
and the parties cease to íulíill the duties that spring írom the marriage
relations. 1here is. in íact. no justiíication íor permanentlv voking
together two hostile souls. who might make themsel·es quite
comíortable in new homes. ií thev were permitted to eííect a separation.
1o compel them to li·e together in pursuance oí a most ·exatious law
under a voke oí the hea·iest sla·erv - íor such is marriage without lo·e -
would be a hardship more cruel than anv di·orce whate·er. God.
thereíore. ga·e laws oí di·orce. in their proper use. most equitable and
human.

Ií a woman is chaste and mindíul oí her duties as wiíe. the Islamic
Law makes it obligatorv upon the husband to associate with her on the
best terms. and with kindness and courtesv. But ií she pro·es reíractorv
in her beha·iours. the law coníers on the husband the power oí
correction ií exercised in moderation.
2,



1 ( )
With Christians the case is different; “Whosoever shall put away his wife, save
for the cause of fornication, causes her to commit adultery; and whosoever shall
marry her that is divorced commits adultery” (Matt. V: 32).
2
( ) The law of England similarly vested in the husband the right of chastising his
wife for levity of conduct (vide Holland’s Jurisprudence, p. 240).
65
linallv. it is to be remembered that the abuse likelv to arise írom the
laxitv oí the laws. mav con·enientlv be contracted bv other lawíul
impositions. 1he wiíe or her guardian or attornev mav stipulate. at the
time oí marriage. against the arbitrarv exercise oí the power oí di·orce
bv the husband. 1he right oí dissolution oí the marriage contract. which
is in all cases a ci·il contract. mav be stipulated to be with the wiíe.
instead oí with the husband. ií necessarv. 1he same object mav also be
achie·ed indirectlv. bv íixing the dowrv at a large sum pavable to the wiíe
in case oí a di·orce bv the husband. such as mav be bevond the means oí
the husband to liquidate. 1he wiíe mav also. bv stipulation. reser·e to
herselí the power oí dissol·ing the marriage under certain legitimate
circumstances. íor example. ií the husband marries a second wiíe.

Again. in the e·ent oí a di·orce. the Islamic Law is ·erv particular in
pro·iding íor the protection oí the wiíe`s propertv against the a·arice oí
the husband: ií the di·orce is due to a cause imputable to the husband.
he has to make o·er to her all her propertv. and pav oíí the dower that
had been settled upon her. Ií. howe·er. the di·orce has been resorted to
at the instance oí the wiíe. without anv justiíiable cause. she has simplv
to abandon her claim to the dower. 1he wiíe thus occupies a decidedlv
more ad·antageous position than the husband.

1he Islamic Law institutes also a procedure known as tatriq. which
legallv means dissolution oí the status oí marriage bv a judicial ·erdict.
lere are some causes íor which the wiíe can demand a di·orce bv
authoritv oí the court: -
a, labitual ill-treatment oí the wiíe.
b, Non-íulíillment oí the terms oí marriage contract.
c, Insanitv.
d, Incurable Incompetencv.
e, Ouitting the conjugal domicile without making pro·ision íor the
wiíe.
í, Anv other causes which in the opinion oí the court would justiív a
di·orce.

Islamic Legal Status of a Married
Woman
1o sum up. the Islamic legal status oí a married woman is decidedlv
superior to that oí a Luropean woman. 1he íormer enjovs social
immunities which allow the íullest exercise on her part oí the powers
and pri·ileges gi·en to her bv the law. She acts. ií .vi·ivri.. in all matters
which relate to herselí and to her propertv. in her own indi·idual right.
without the inter·ention oí husband or íather. She ne·er loses her own
66
identitv on becoming wedded. bv remaining related to her íather`s íamilv.
She appoints her own attornev. and delegates to him all the powers she
herselí possesses. She enters into ·alid contracts with her husband and
her made relations on a íooting oí equalitv. Ií she is ill-treated. she has
the right to ha·e the marriage tie dissol·ed. She is entitled to pledge the
credit oí her husband íor the maintenance oí herselí and her children.
She is able. e·en ií holding a creed diííerent to that oí her husband. to
claim the íree and uníettered exercise oí her own religious obser·ance.
1o enjov all her rights oí action. she requires no intermediaries. trustees
or next oí kin. \hen she is aggrie·ed bv her husband she has the right to
sue him in her own capacitv.

It is both interesting and instructi·e to compare the abo·e summarv
with another. írom the writing oí J.S. Mill. which gi·es us an idea oí the
corresponding position oí women under the usages oí (hurch
(hristianitv: -
\e are continuallv told`. savs he. that ci·ilisation and (hristianitv
ha·e restored to woman her just rights. Meanwhile. the wiíe is the actual
bond-ser·ant oí her husband: no less so. as íar as legal obligation goes.
than sla·e commonlv so-called. She ·ows a liíe-long obedience to him at
the altar. and is hold to it all through her liíe bv law. It mav be said that
the obligation oí obedience stops short oí participation in crime. but it
certainlv extends to e·ervthing else. She cannot act whate·er but bv his
permission. at least tacit. She can acquire no propertv but íor him: the
instant it becomes hers e·en ií bv inheritance. it becomes ip.o tacto his. In
this respect the wiíe`s position. e·en under the common law oí Lngland.
is worse than that oí sla·es in the laws oí olden dav in other countries.
Bv the Roman Law. íor example. a sla·e might ha·e peculium which. to
a certain extent. the law guaranteed him íor his exclusi·e use.
1,


Chapter VI - Inheritance
he law oí inheritance is called í tvit·tarãyiea. or Ilmil-mirath` - i.e.
science oí obligations oí inheritance. 1he ·erses in the Koran upon
which the law oí inheritance is íounded begin at the 11
th
·erse oí
(hapter 4 oí the Koran. 1hev are rendered as íollows: -

!itb regara to yovr cbitarev. Coa covvava. yov to gire tbe vate tbe
portiov ot tro tevate.. ava it tbey be tevate. vore tbav tro. tbev tbey .batt
bare tro·tbira. ot tbat rbicb tbeir tatber batb tett: bvt it .be be av ovty

1
( ) “ The Review of Religions, “May 1913, states: Evidently J.S. Mill wrote this
prior to the present Married Women’s Property Act; but the same position of
married women as illustrated by him is still prevalent to this day under the usages of
the Catholic and other Christian churches.
1
67
aavgbter. .be .batt bare tbe batt: ava tbe tatber ava votber ot tbe aecea.ea
.batt eacb ot tbev bare a .i·tb part ot rbat be batb tett. it be ba. a cbita: bvt
it be ba. vo cbita. ava bi. parevt. be bi. beir.. tbev bi. votber .batt bare tbe
tbira: ava it be ba. bretbrev. bi. votber .batt bare tbe .i·tb. atter payivg tbe
beqve.t. be .batt bare beqveatbea ava bi. aebt.. .. to yovr tatber. or yovr
cbitarev. ye /vor vot rbicb ot tbev i. tbe vo.t aaravtageov. to yov. )bi. i.
tbe tar ot Coa. 1erity Coa i. Kvorivg ava !i.e.

íatt ot rbat yovr rire. teare .batt be yovr. it tbey bare vo i..ve: bvt it
tbey bare i..ve. tbev a tovrtb ot rbat tbey bare .batt be yovr.. atter payivg tbe
beqve.t. ava aebt..

.va yovr rire. .batt bare a tovrtb part ot rbat ye teare it ye bare vo
i..ve. bvt it ye bare i..ve. tbev tbey .batt bare av eigbtb part ot rbat ye teare.
atter payivg tbe beqve.t. ava aebt.. it avy.

ít a vav or rovav va/e. a ai.tavt retatiov tbeir beir. ava be or .be ba.
a brotber or a .i.ter eacb ot tbe.e tro .batt bare a .i·tb : bvt it tbere are vore
tbav tbi.. tbev .batt tbey be .barer. iv a tbira atter payvevt ot tbe beqve.t.
ava aebt..

!itbovt to.. to avy ove. )bi. i. tbe oraivavce ot Coa. ava Coa i.
Kvorivg ava Craciov..

1he íoregoing general rules oí inheritance are detailed in the
íollowing
1,


1he propertv oí a deceased Muslim is applicable. in the íirst place. to
the pavment oí his íuneral expenses: secondlv to the discharge oí his
debts: and thirdlv. to the pavment oí legacies as íar as one-third oí the
residue. 1he remaining two-thirds with so much oí the one-third as is
not absorbed bv legacies are the patrimonv oí the heirs. A Muslim is.
thereíore. disabled írom disposing oí more than one-third oí his
propertv bv will.
1,


1he clear residue oí the state descends to the heirs: and among these
the íirst are persons íor whom the law has pro·ided certain speciíic
shares or portions and who are thence denominated the sharers or Za·
rvt·tarva in Arabic.

1
( ) “Al-Sirajiyah” by Sirajud-din Mohammad, based on the Traditions of the Prophet
on the subject, as collected by Zaid ibn Thabit, one of the earliest companions.
68

In most cases. there must be a residue aíter the shares ha·e been
satisíied: and this passes to another class oí persons who. under that
circumstance. are termed residuaries or a.aba in Arabic.

It can seldom happen that the deceased should ha·e no indi·idual
connected with him who would íall under these two classes: but to guard
against this possible contingencv. the law had pro·ided another class oí
persons who. bv reason oí their remote position with respect to the
inheritance. ha·e been denominated distant kindred` Zarvt .rbãv in
Arabic.

Gifts And Donations
During his liíetime a Muslim has absolute power o·er his propertv.
le mav dispose oí it in whate·er wav he likes. But such dispositions. in
order to be ·alid and eííecti·e. are required to ha·e operation gi·en to
them during the liíetime oí the owner. Ií a giít be made. the subject oí
the giít must be made o·er to the donee during the liíetime oí the donor:
he must. in íact. di·est himselí oí all proprietarv rights in it and place the
donee in possession. 1o make the operation oí the giít dependent upon
the donor`s death would in·alidate the donations. So also in the case oí
endowments íor charitable or religious purposes. A disposition in ía·our
oí a charitv. in order to be ·alid. should be accompanied bv the complete
di·estment oí all proprietarv right. As regards testamentarv dispositions.
the power is limited to one-third oí the propertv. pro·ided that it is not
in ía·our oí one who is entitled to share in the inheritance. lor example.
the proprietor mav de·ise bv will one-third oí his propertv to a stranger:
should the de·ice. howe·er. relate to more than one-third. or should it
be in ía·our oí a legal heir. it would be in·alid.

Points of Contact
A Muslim upon his death mav lea·e behind him a numerous bodv oí
relations. In the absence oí certain determinate rules. it would be
extremelv diííicult to distinguish between the inheriting and the non-
inheriting relations. In order to ob·iate this diííicultv and to render it
easv to distinguish between the two classes. it is the general rule and one
capable oí uni·ersal application. that when a deceased Muslim lea·es
behind him two relations. one oí whom is connected with him through
the other. the íormer shall not succeed while the intermediate person is
ali·e. lor example. ií a person on his death lea·es behind him a son
son`s son. this latter will not succeed to his grandíather`s estate while his
íather is ali·e. Again ií a person dies lea·ing behind him a brother`s son
69
and a brother`s grandson and his own daughter`s son. the brother`s son.
being a male agnate and nearer to the deceased than the brother`s
grandson. takes the inheritance in preíerence to the others.
1he law oí inheritance is a science acknowledged e·en bv Muslim
doctors to be an exceedinglv diííicult object oí studv.
Although it is not easv to íollow it out in all its intricacies. a careíullv
drawn table on the ´vvvi law oí inheritance is gi·en hereinaíter: -

A. – Legal Heirs And Sharers
1. Father
As mere sharer. when there is a son or a son`s son. how low soe·er.
he takes 1´6. As mere residuarv. when no successor but himselí. he takes
the whole: or with a sharer. not a child or son`s child. how low soe·er. he
takes what is leít bv such sharer. As sharer and residuarv. as when there
are daughters and son`s daughter but no son or son`s son. he. as sharer.
takes 1´6: daughter takes 1´2. or two or more daughters 2´3: son`s
daughter 1´6: and íather the remainder.

2. True Grandfather
lather`s íather. his íather and so íorth. into whose line oí relationship
to the deceased no mother enters. is excluded bv íather and excludes
brothers and sisters: he comes into íather`s place when no íather: but
does not. like íather. reduce mother`s share to 1´3 oí residue. nor
entirelv exclude paternal grandmother.

3. Half Brothers by Same Mother
1hev take. in the absence oí children or son`s descendants and íather
and true grandíather one 1´6. two or more between them 1´3. being
those who beneíit bv the return`.

4. Daughters
\hen there are no sons. daughters take on 1´2 two or more 2´3
between them: with sons thev become residuaries and take each halí a
son`s share. being in this case oí those who beneíit bv the return`.

5. Son’s Daughters
1hev take as daughters when there is no child: take nothing when
there is a son or more daughters than one: take 1´6 when onlv one
daughter: thev are made residuaries oí male cousin. how low soe·er.

6. Mother
70
1he mother takes 1´6 when there is a child or son`s child. how low
soe·er. or two more brothers or sisters oí whole or halí blood: she takes
1´3 when none oí these: when husband or wiíe and both parents. she
takes 1´3 oí the remainder aíter deducing their shares. the residue going
to íather: ií no íather but grandíather. she takes 1´3 oí the whole.

7. True Grandmother
lather`s or mother`s mother. how high soe·er: when no mother. she
takes 1´6: ! ií more than one. 1´6 between them. Paternal grandmother
is excluded bv both íather and mother: maternal grandmother bv mother
onlv.

8. Full Sisters
1hese take as daughters when no children. son`s children how low
soe·er. íather. true grandíather or íull brother: with íull brother. thev
take halí share oí male: when daughters or son`s daughters. how low
soe·er. but neither sons. nor íather. nor true grandíather. nor brothers.
the íull sisters take as residuaries what remains aíter daughter or son`s
daughter has had her share.

9. Half Sisters by Same Father
1hev take as íull sisters. when there are none: with one íull sister thev
take 1´6: when two íull sisters. thev take nothing. unless thev ha·e a
brother who makes them residuaries and then thev take halí a male`s
share.

10. Half Sisters by Mother only
\hen there are no children or son`s children. how low soe·er. or
íather or true grandíather. thev take one 1´6: two or more 1´3 between
them.

11. Husband
Ií no child or son`s child. how low soe·er. he takes ': otherwise '.

12. Wife
Ií no child or son`s child how low soe·er. she takes ': ií otherwise.
1´8. Se·eral widows share equallv.

Corollary
All brothers and sisters are excluded bv son. son`s son. how low
soe·er. íather or true grandíather. lalí brothers and sisters on íather`s
side are excluded bv these and also bv íull brother. lalí brothers and
71
sisters on mother`s side are excluded bv anv child or son`s child. bv
íather and true grandíather.

B. – Residuaries
I - Re.iavarie. in their own right. being vate. into whose line oí
relationship to the deceased no tevate evter. : ·
(a) Descendants : -
1. Son.
2. Son`s son.
3. Son`s son`s son.
4. Son oí No. 3.
1a, Son oí No. 4.
1b, And so on how low soe·er.
b, Ascendants : -
5. lather.
6. lather`s íather.
¯. lather oí No. 6.
8. lather oí No. ¯.
ºa, lather oí No. 8.
ºb, And so on how high soe·er.
c, (ollaterals : -
9. lull brother.
10. lalí brother bv íather.
11. Son oí No. 9.
12. Son oí No. 10.
11a, Son oí No. 11.
11a, Son oí No. 12.
11b, Son oí No.11e.
12b, Son oí No.12a.
and so on how low soe·er.
13. lull paternal uncle bv íather.
14. lalí maternal uncle bv íather.
15. Son oí No. 13.
16. Son oí No. 14.
15a, Son oí No.15.
16a, Son oí No.16.
1¯. lather`s íull paternal uncle bv íather`s side.
18. lather`s halí paternal uncle bv íather`s side.
19. Son oí No. 1¯.
20. Son oí No. 18.
19a, Son oí No.19.
20a, Son oí No.20.
21. Grandíather`s íull paternal uncle bv íather`s side.
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22. Grandíather`s halí paternal uncle bv íather`s side.
23. Son oí No. 21.
24. Son oí No. 22.
23a, Son oí No.23.
24a, Son oí No.24.
and so on. how low soe·er.

Notes: -
ta) A nearer residuarv in the abo·e table is preíerred to and excludes a
more remote residuarv.
tb) \here se·eral residuaries are in the same degree. thev take per
capita not per .tripe.. i.e. thev share equallv. 1he whole blood is
preíerred to and excludes the halí blood at each stage.

II - Re.iavarie. iv avotber`. rigbt. being certain íemales. who are made
residuaries bv males parallel to them: but who. in the absence oí
such males. are onlv entitled to legal shares. 1hese íemale
residuaries take each halí as much as the parallel male who makes
them residuaries. 1he íollowing íour persons are made residuaries:
-
ta) Daughters made residuarv bv son.
tb) Son`s daughter made residuarv bv íull brother.
tc) lull sister made residuarv bv íull brother.
ta) lalí sister bv íather made residuarv bv her brother.

III - Re.iavarie. in their own right. being vate. into whose line oí
relationship to the deceased no tevate evter. : ·

IV - Residuaries with another. being certain íemales who become
residuaries with other íemales. 1hese are: -
ta) lull sisters with daughters or daughter`s sons.
tb) lalí sisters with íather.

Notes: -
\hen there are se·eral residuaries oí diííerent or classes. e.g.
residuaries in their own right and residuaries with another. propinquitv to
deceased gi·es a preíerence. so that the residuarv with another. when
nearer to the deceased than the residuarv in himselí. is the íirst.
Ií there be residuaries and no sharers. the residuaries take all the
propertv.
Ií there be sharers and no residuaries. the sharers take all the propertv
bv the doctrine oí the return.` Se·en persons are entitled to the
return.` 1
st
. mother: 2
nd
. grandmother: 3
rd
. daughter: 4
th
. son`s daughter:
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5
th
. íull sister: 6
th
. halí sister bv íather: ¯
th
. halí brother or sister bv
mother.
A posthumous child inherits. 1here is no presumption as to
commorients. who are supposed to die at the same time unless there be
prooí otherwise.
Ií there be neither sharers nor residuaries. the propertv will go to the
íollowing class distant kindred,:

C. – Distant Kindred
ALL Relati·es who are neither Sharers nor Residuaries,

Class 1.
De.cevaavt. : (hildren oí daughters and son`s daughters:

1. Daughter`s son.
2. Daughter`s daughter.
3. Son oí No. 1.
4. Daughter`s oí No. 1.
5. Son oí No. 2.
6. Daughter`s oí No. 2 and so how low soe·er. and whether male or
íemale.
¯. Son`s Daughter`s son.
8. Son`s Daughter`s daughter.
9. Son oí No. ¯.
10. Daughter oí No. ¯.
11. Son oí No. 8.
12. Daughter oí No. 8. and so on how low soe·er and whether male
or íemale.

Notes: -
(a) Distant kindred oí (lass 1 take according to proximitv oí degree:
but when equal in this respect. those who claim through an heir.
i.e. sharer or residuarv. ha·e a preíerence o·er those who claim
through one who is not an heir.
(b) \hen the sexes oí their ancestors diííer. distribution is made
ha·ing regard to such diííerence oí sex. e.g. daughter oí daughter`s
son gets a portion double that oí son oí daughter`s daughter. and
when the claimants are equal in degree but diííerent in sex. males
take twice as much as íemales.

Class 2.
..cevaavt. : lalse grandíathers and íalse grandmothers.
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13. Maternal grandíather.
14. lather oí No. 13. íather oí No. 14 and so on as high soe·er i.e. all
íalse grandíathers,.
15. Maternal grandíather`s mother.
16. Mother oí No. 15 and so on how high soe·er i.e. all íalse
grandmothers,.

Notes:
Rules a, and b,. applicable to (lass 1. applv also to (lass 2.
lurthermore. when the sides oí relation diííer. the claimant bv the
patervat sides gets twice as much as the claimant bv the maternal.

Class 3.
Parevt. De.cevaavt. :

1¯. lull brother`s daughter and her descendants.
18. lull sister`s son.
19. lull sister`s daughters and their descendants. how low soe·er.
20. Daughter oí halí brother bv íather. and her descendants.
21. Son oí halí sister oí íather.
22. Daughter oí halí sister bv íather. and her descendants. how low
soe·er.
23. Son oí halí brother bv mother.
24. Daughter oí halí brother bv mother. and her descendants. how
low soe·er.
25. Son oí halí sister bv mother.
26. Daughter oí halí sister bv mother. and their descendants. how low
soe·er.

Note: -
Rules a, and b,. applicable to (lass 1. applv also to (lass 3.
lurthermore. when two claimants are equal in respect oí proximitv.
one who claims through a residuarv is preíerred to one who cannot
so claim.

Class 4.
Descendants oí the two grandíathers and the two grandmothers.
2¯. lull paternal aunt and her descendants. male or íemale. and how
low soe·er.
28. lalí paternal aunt and her descendants. male or íemale. how low
soe·er.
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29. lather`s halí brother bv mother and his descendants. male or
íemale. how low soe·er.
30. lather`s halí sister bv mother and her descendants. male or
íemale. how low soe·er.

Note: -
1he sides oí relations being equal. uncles and aunts oí the whole
blood are preíerred to those oí the halí. and those connected bv the
same íather onlv. whether males or íemales. are preíerred to those
connected bv the same mother onlv. \here sides oí relation diííer. the
claimant bv paternal relation gets twice as much as the claimant bv
maternal relation. \here sides and strength oí relation are equal. the
male gets twice as much as the íemale.

General Rule. – Lach oí these classes as abo·e mentioned
excludes the next íollowing class.

Note: -
In cases where there are no sharers. residuaries. or distant kindred to
claim inheritance. the whole propertv oí the deceased shall be gone o·er
to the Public 1reasurv. i.e. 1he State.


Chapter VII - Sale And Usury
ale in the language oí the Muslim Law signiíies an exchange oí
propertv with the mutual consent oí the parties. In its ordinarv
acceptance. sale is a transíer oí propertv in consideration oí a price in
monev. 1he word has a comprehensi·e meaning in the law. and is
applied to e·erv exchange oí propertv íor propertv with mutual consent.
It. thereíore. includes barter as well as sale and also loan. when the
articles lent are intended to be consumed and replaced to the lender bv a
similar quantitv oí the same kind. 1his transaction which is trulv an
exchange oí propertv íor propertv is termed as qara in the law. i.e. loan.

According to the Muslim Laws oí contracted trans action oí sale and
barter. etc.. things are di·ided into: a, Similars: and b, Dissimilars:

Similar things are those which are sold bv weighing and measuring:
and dissimilar things which are diííerent in qualitv but sold in exchange.
such as wheat íor its price in coin. In the case oí similar things as wheat
íor rice. when sold aíter being measured or weighed deli·erv should take
place at once. \hen these are sold unconditionallv. the buver has no
S
76
right to choose the best part oí it írom the whole. unless the seller
consents and desires to please him. 1hings sold or exchanged cannot
remain undeli·ered or unadjusted on the mere responsibilitv oí the
parties. But ií a thing is sold against its ·alue in monev. time is allowed in
recei·ing monev. Among similar things. there are similars oí capacitv
weight and sale. 1he seller must express clearlv the quantitv and qualitv
oí the thing exactlv as it is. so that anv doubt or misunderstanding mav
not arise in regard to it later on. le must íix the price and sav that he is
willing to sell to so and so such a thing oí so much ·alue and on such
terms and conditions ií there be anv,: the buver must accept the oííer in
clear language. Ií the seller himselí cannot do this. he must appoint an
agent. with suííicient authoritv to dispose oí his goods. Ií a contract
takes place through a broker. it must be ratiíied bv the actual buver.
Option is allowed to the buver and seller íor three davs in case a thing is
not remo·ed írom the seller`s premises, to a·oid the transaction. Ií a
thing is purchased without inspection or examination and aíterwards a
diííerence is íound in the quantitv or the qualitv speciíied bv the seller.
or asked íor bv the purchaser the latter mav reíuse to take deli·erv oí it.
Oí the ·arious kinds oí recognized kinds oí sale. the íollowing are the
most important:

1. Sale oí a speciíic thing íor a price or bv wav oí barter.
2. Sale oí sil·er íor sil·er or gold íor gold or banking in which the
exchange oí coins. either sil·er or gold. must be exact in weight or
qualitv. so that there mav be no chance oí resorting to usurv.
3. Sale in ad·ance when the price is deposited beíore taking deli·erv
oí goods.
4. Loan. etc.

1he qualitv oí the thing. when lent. is speciíied and the thing to be
gi·en back should be oí the same qualitv.

One can mortgage his propertv. but here also usurv is a·oided. 1he
theologians ha·e permitted onlv such bargains in which a lender oí
monev can be beneíited without transgressing the law. e.g. bv the use oí
a thing or propertv which has been mortgaged: or make a condition
precedent that ií. with a speciíied time. the monev is not repaid. deli·erv
oí possession oí the propertv mortgaged will be gi·en to the lender. etc.
Riba or usurv is strictlv prohibited under Islamic Law. It means taking
ad·antage oí an indi·idual in distress bv gi·ing him momentarv relieí.
with the intention oí bringing more miserv upon him. One is íorced to
ask íor a loan on the condition that it would be repaid. as agreed. to the
lender: oíten much more has to be paid to the lender than he has actuallv
paid. In some cases it mav be deemed harmless. but oíten it brings ruin
77
to whole íamilies. oí which the lender is conscious. Such exaction is
against the spirit oí Islam. 1he lender mav intentionallv lend monev to
possess the propertv oí one who mav. owing to hard circumstances. be
íorced to seek his help. Islam inculcates moderate socialism and with it
prescribes a rational and just mode oí dealing as between members oí
the Muslim communitv. Lach indi·idual has the right to possess what is
his own propertv and to enjov what is his own wealth. but onlv to the
extent that bv that he does not injure others` happiness or interests. le
mav amass wealth. but the surplus wealth. oí which he is not in need oí
immediate use. must be used íor helping those who are badlv in need
thereoí. Usurv as practised in the time oí the Prophet was against such
principles and was. thereíore. prohibited. It is diííicult to sav whether the
modern method oí banking and charging oí interest on amounts lent out
is based upon the doctrine oí mutualitv. ser·ice and mutualitv oí beneíit
between lender and borrower. Ií the beneíits are deemed to be one
sided. it cannot be said to be permitted bv the Islamic Law. Ií. on the
other hand. there is mutualitv oí ser·ice. it would. in the judgment oí
Muslim theologians. be permissible as it would be held bv them to be a
kind oí transaction.


Usury
surv. as an illegal transaction. is occasioned. bv rate. united with
.pecie.. and it includes all gain upon loans. whether írom the loan oí
monev. or goods or propertv oí anv kind.

1he teaching oí the Koran on the subject is gi·en in (hapter 2. ·erse
2¯5 oí which the íollowing is a translation:

tbo.e rbo .rattor aorv v.vry .batt ari.e iv tbe ta.t aay a. be ari.e. rbov
´atav ba. ivtectea by bi. tovcb. )bi. tor tbat tbey .ay )raaivg i. votbivg bvt
tbe ti/e ot v.vry.` ava yet Coa batb attorea traaivg ava torbiaaev v.vry: ava
rbo.oerer receire. tbi. aavovitiov trov bi. íora. ava ab.taiv. trov it. .batt
bare paraov tor tbe pa.t ava bi. tot .batt be ritb Coa. ßvt tbey rbo retvrv to
v.vry .batt be girev orer to tbe íire - tbereiv to abiae.

1he Prophet is related to ha·e said:
Cvr.ea be tbe ta/er ot v.vry. tbe girer ot v.vry. tbe rriter ot v.vry. ava
tbe ritve.. ot v.vry. tor tbey are att eqvat. . 1erity tbe reattb tbat i.
gaivea iv v.vry. attbovgb it be great. i. ot .vatt aaravtage
t])
.

1
( ) “Sahihu Muslim,” Chapter on “Riba” (usury).
U
78

Riba. i.e. usurv. in the language oí the law. signiíies an excess.`
according to a legal standard oí vea.vrevevt or reigbt in one oí two
bovogeveov. articles oí weight or measurement oí capacitv, opposed to
each in a contract oí exchange. and in which such excess is stipulated as
an obligatorv condition on one oí the parties. without anv return. i.e.
without anvthing being opposed to it. 1he sale. thereíore. oí two loads
oí barlev. íor instance. in exchange íor one load oí wheat does not
constitute usurv. since these articles are not bovogeveov.: and. on the
other hand. the sale oí ten vards oí cloth in exchange íor íi·e vards oí
another cloth is not usurv. since although these articles be homogeneous.
thev are not estimable bv reigbt. or vea.vrevevt oí capacitv.

Usurv. then. as an illegal transaction is occasioned according to most
distinguished doctors, bv rate united with .pecie.. where. howe·er. it must
be obser·ed that rate. in the law oí Islam. applies onlv to articles oí
weight and measurement oí capacitv. and vot to articles oí tovgitvaivat
measurement. such as cloth. etc.. or oí tale such as eggs. dates. walnuts.
etc.. when exchanged írom hand to hand. \here the qualitv oí being
weighable or measurable bv capacitv. and correspondence oí species
being the causes oí usurv, botb exist. the stipulation oí iveqvatity or
suspension oí pavment to a íuture period. are both usurious. 1hus it is
usurious to sell either one measure oí wheat in exchange íor two
measures. or one measure oí wheat íor one measure deli·erable at a
íuture period. Ií. on the contrarv. veitber oí these circumstances exists as
in the sale oí wheat íor monev,. it is lawíul. either to stipulate a
superioritv oí rate or the pavment at a íuture period. Ií. on the other
hand. ove oí these circumstances onlv exists as in the sale oí wheat íor
barlev,. then a superioritv oí the rate mav legallv be stipulated. but not a
suspension in the pavment. 1hus one measure oí wheat mav lawíullv be
sold íor two measures oí barlev: but it is not lawíul to sell one measure
oí wheat íor one measure oí barlev. pavable at a íuture period.

Similars oí weight and capacitv are distinguished írom all other
description oí propertv in a ·erv remarkable wav. \hen one article oí
weight or one oí measure is sold or exchanged íor another oí measure.
the deli·erv oí both must be immediate írom hand to hand. and anv
delav oí deli·erv in one oí them is unlawíul and prohibited. \here again.
the articles exchanged are also oí the same kind. as when wheat is sold
íor wheat. or sil·er íor sil·er. there must not onlv be reciprocal and
immediate deli·erv oí both beíore the separation oí the parties. but also
absolute equalitv oí weight or measure. according as to whether the
articles are weighable or measurable: anv excess oí either side is also
79
unlawíul and prohibited. 1hese two prohibitions constitute in brieí the
doctrine oí riba usurv,. which is a marked characteristic oí the Islamic
Law oí sale. 1he word riba in Arabic, properlv signiíies excess.` and
there are no terms in the Islamic Law which correspond to the words
interest` and usurv` in the sense attached to them in the Lnglish
language: but it was expresslv prohibited bv the Prophet to his íollowers
to deri·e anv ad·antage írom loans. and that particular kind oí ad·antage
which is called bv \esterners interest` and which consists in the
recei·ing back írom the borrower a quantitv larger than is actuallv lent to
him. was eííectuallv pre·ented bv the two rules abo·e mentioned.

Lawful Transactions
imilars oí weight and capacitv ha·e a common íeature oí
commodities. and marks with íurther peculiaritv their treatment in
the Islamic Law. 1here are aggregates oí minute parts. which are either
exactlv alike or so nearlv resemble each other. that the diííerence
between them mav be saíelv disregarded. lor this reason thev are usuallv
dealt with in bulk. regard being had onlv to the whole oí a stipulated
quantitv. and not to the indi·idual parts oí which it is composed. \hen
sold in this manner. thev are said to be indeterminate. 1hev mav.
howe·er. be rendered speciíic in se·eral wavs. Actual deli·erv. or
production with distinct reíerence at the time oí contract. is suííicient
íor that purpose in all cases. But something short oí this would suííice
íor all similars. excepting monev. 1hus ílour. or anv kind oí grain. mav
be rendered speciíic bv being enclosed in a sack. or oil. or anv liquid. bv
being put into casks or jars: and though the ·essels are not actuallv
produced at the time oí contract. their contents mav be suííicientlv
particularized bv description oí the ·essels and their localitv. Monev is
not susceptible oí being thus particularized. lence. monev is said to be
alwavs indeterminate. Other similars. including similars oí tale number,.
are sometimes speciíic and sometimes indeterminate. Dissimilars.
including those oí tale. are alwavs speciíic.

\hen similars are sold indeterminatelv. the purchaser has no right to
anv speciíic portion oí them until it be separated írom a general mass.
and marked and identiíied as the subject oí the contract. lrom the
moment oí oííer till actual deli·erv. he has nothing to relv upon but the
seller`s obligation. which mav. thereíore. be considered the direct subject
oí the contract. Similars taken indeterminatelv are accordinglv termed
aayv or obligation in the Islamic Law. \hen taken speciíicallv. thev are
classed with dissimilars under the general term oí ayv. 1he literal
meaning oí this term is substance or thing`: but when opposed to aayv
it means something determinate or speciíic. 1he subject or traííic mav
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80
thus be di·ided into two classes: speciíic and indeterminate: or ií we
substitute íor the latter the word obligation` and omit the word
speciíic` as unnecessarv when not opposed to indeterminate.` these
classes mav according to the ·iew oí Islamic lawvers. be described as
thing and obligation.

It is a general principle oí the Islamic Law oí sale that credit cannot
be opposed to credit. namelv that both the things exchanged cannot be
allowed to remain on the responsibilitv oí the parties. lence it is onlv
with regard to one oí them that anv stipulation íor delav in deli·erv is
lawíul. Price admits oí being leít on responsibilitv. and accordinglv a
stipulation íor delav in the pavment oí the price is quite lawíul and ·alid.
It íollows that a stipulation íor delav in the deli·erv oí the things sold
cannot be lawíul. And this is the case. with the exception oí a particular
kind oí sale. hereaíter to be noticed. in which the things to be sold is
alwavs indeterminate. and the price is made in ad·ance. It mav. thereíore.
be said oí all speciíic things when it is a subject oí sale. that a stipulation
íor delav in their deli·erv is illegal. and would in·alidate a sale. 1he
object oí this rule mav ha·e been to pre·ent anv change oí the thing sold
beíore deli·erv. and the disputes which mav in consequence arise
between the parties.
1here is kind oí sale known as .atav in the Islamic Law. 1his word
literallv means an ad·ance`: and in a .atav sale the price is immediatelv
ad·anced íor the goods to be deli·ered at a íuture íixed time. It is onlv
things oí the class oí similars that can be sold in this wav. and as thev
most necessarilv be indeterminate. the proper subject oí sale is an
obligation. while. on the other hand. as the price must be actuallv paid or
deli·ered at the time oí the contract. beíore the separation oí the parties.
and must. thereíore. e·en in the case oí its being monev. be produced.
and in consequence be particularized or speciíied: a .atav sale is strictlv
and properlv the sale oí an obligation íor a thing. as deíined beíore. Until
actual pavment or deli·erv oí the price. howe·er. it retains its character
oí an obligation. and íor this reason the price and the goods are both
termed debts.` and are adduced as examples oí the principles that the
sale oí a debt. i.e. oí the monev or goods which a person is under
engagement to pav or deli·er beíore possession. is in·alid.

1here is another transaction which comes within the deíinition oí
sale: it is that which is called qara in Arabic and loan` in Lnglish. 1he
borrower acquires an absolute right oí propertv in the things lent: and
comes under an engagement to return an equal quantitv oí things oí the
same kind. 1he transaction is. thereíore. necessarilv limited to similars.
whether oí weight. capacitv. or tale. and the things lent and repaid being
81
oí the same kind. the two rules mentioned íor the pre·ention oí riba or
usurv must be strictlv obser·ed. lence it íollows that anv stipulation on
the part oí the borrower íor delav or íorbearance bv the lender. or anv
stipulation bv the latter íor interest to be paid bv the íormer are alike
unlawíul.

Notwithstanding the stringencv oí the rules íor pre·enting usurv. or
the taking oí anv interest on the loan oí monev. methods were íound íor
e·ading them. while still keeping within the letter oí the law. It had
alwavs been considered lawíul to take a pledge to secure the repavment
oí a debt. Pledges were ordinarilv oí mo·able propertv: when gi·en as
securitv íor a debt. and the pledge happened to perish in the hands oí
the pawnee. the debt was held to be released to the extent oí the ·alue oí
the pledge. Land. though scarcelv liable to this incident. was sometimes
made the subject oí pledge. and de·ices were adopted íor enabling the
lender to de·ices were adopted íor enabling the lender to deri·e some
ad·antage írom its possessions while in the state oí pledge. Ií
repavments were made at the assigned term. the lender was obliged to
reco·erv: but ií not. the propertv would remain his own. and the
diííerence between its ·alue and the price oí sum lent might ha·e been
made an ample compensation íor the loss oí interest. 1his íorm oí sale
which is called bay·vtrata`i. in Arabic. a term gi·en to a sale oí something
that mav be recon·eved bv the seller on repavment at a íixed period oí
the price or sum gi·en. 1his íorm oí sale seems to be strictlv legal
according to the most appro·ed authorities. though held to be what the
law calls abominable. as a de·ice íor obtaining what it prohibits.

In constituting sale. there is no material diííerence between the
Islamic and other svstem oí law. 1he oííer and acceptance which are
expressed or implied in all cases. must be so connected as to ob·iate anv
doubt in one being intended to applv to the other. lor this purpose. the
Islamic Law requires that both shall be interchanged at the same meeting
oí the parties. and that no other business shall be suííered to inter·ene
between an oííer and its acceptance. A ·erv slight interruption is
suííicient to break the continuitv oí a negotiation. and to terminate the
meeting in a technical sense. though the parties should still remain in
personal communication. An acceptance aíter the interruption oí an
oííer made beíore it would be insuííicient to constitute a sale.

As personal communication mav be incon·enient in some cases. and
impossible in other. the integritv oí the meeting is held to be suííicientlv
preser·ed when a partv who recei·es an oííer bv message or letter
82
declares his acceptance oí it on recei·ing the communication and
apprehending its contents.

\hen a sale is lawíullv contracted. the propertv oí the things
exchanged passes immediatelv írom and to the parties respecti·elv.

In a legal sense. deli·erv and possession are not necessarv íor this
purpose. Until possession is taken. howe·er. the purchaser is not liable
íor accidental loss. and the seller has a lien íor the price on the thing
sold. Deli·erv bv one partv is in general tantamount to possession taken
bv the other. It is. thereíore. sometimes oí great importance to ascertain
when there is a suííicient deli·erv: and manv cases real or imaginarv. on
the subject. are inserted in the books oí detailed theologv
1,
. It
sometimes happens that a person purchases a thing oí which he is
alreadv in possession. and it then becomes important to determine in
what cases his pre·ious possession is con·ertible into a possession under
the purchase. Unless so con·erted. it would be held that there is no
deli·erv under the sale. and the seller would oí course retain his lien and
remain liable íor accidental loss.

1hough possession is not necessarv to complete the transíer oí
propertv under a legal sale. the case is diííerent where the contract is
illegal: íor here propertv does not pass till possession is taken. 1he sale.
howe·er. though so íar eííectual. is still in·alid. and liable to be set aside
bv a judge. at the instance to the íact oí the person complaining being
able to come beíore him with what in legal phraseologv is termed clean
hands.` A Muslim judge is obliged bv his law to interíere íor the sake oí
the law itselí. or. as it is more solemnlv termed. íor the right oí God.
which is the dutv oí the judge to ·indicate. though bv so doing he mav
aííord assistance to a partv who personallv mav ha·e no just claim to his
interíerence.

Koran Enjoinments
Relating to Trade and Usury
)bey ttbe vvbetierer.) .ay tbat traaivg i. iv.t ti/e v.vry. ttett tbev tbat)
Coa attor. traae ava torbia. v.vry.

Coa aoe. vot bte.. v.vry bvt íe bte..e. cbarity ava va/e. it trvittvt.


(
1
) VIDE Yaj-el-‘Arus Arabic Lexicon.
83
!bev ye covtract a aebt tor a ti·ea tive recora it iv rritivg: tet a .cribe
recora it betreev yov ttro partie.) iv terv ot eqvity. ßvt it a aebtor i. a vivor.
rea/ tiv braiv) or vvabte to aictate.. catt tro vev to ritve..: it vot. ove vav
ava tro rovev .. Do vot be arer.e iv rritivg tbe covtract rbetber .vatt or
great ava recora tbe terv.

ít a aebtor i. iv a .traivea covaitiov. po.tpove ctaiv tor payvevt vvtit be
tiva. it ea.y pay bac/ tbe aebt. or. better .titt. it yov cav revit tbe aebt a.
atv.girivg.
latawa-al-maghiri.`
t)bi. iv ca.e ot e·treve porerty ava ivabitity ov tbe part ot a aebtor rbo
iv.teaa ot per.ecvtiov ava ivpri.ovvevt ae.erre. .yvpatby ava betp).

ít ye are ov iovrvey ava cavvot tiva a .cribe a pteage ritb po..e..iov vay
.erre tbe pvrpo.e ava it ove ot yov aepo.it. a tbivg ov trv.t ritb avotber: tet tbe
trv.tee taitbtvtty ai.cbarge bi. trv.t.

!bev vea.vrivg. va/e tbe vea.vre pertect ava reigb ritb a rigbt
batavce.

Keep vp tbe batavce ritb eqvity ava verer va/e tbe vea.vre aeticievt.
!oe to tbe aetravaer. rbo rbev tbey ta/e tbey aevava iv tvtt vea.vre.
bvt rbev tbey gire tbey vea.vre te...

Chapter VIII - Ownership Kinds
And Divisions Of Property Ownership
ermed vit//iya. in Arabic. is oí two kinds:

1. 1hings in common or joint use. such as public roads. gardens. water.
pasture. light and íire lighted in a desert to which anv man has a
right oí warming himselí.

2. Pri·ate concerns. limited to the ownership oí an indi·idual. 1hese
mav be classiíied under the íollowing headings:
a, Mit/vt·raqaba. in Arabic. which literallv means possession oí
the neck.` or right oí the proprietor to a thing.
b, Milkul-vadd or right oí being in possession .
c, Mit/vt·ta.arrvt or right oí disposition.

Propertv is di·ided into:
1. Mo·able propertv. which is subdi·ided into the íollowing:
1
84
a, 1hat which is vea.vrea. such as rice. etc.
b, 1hat which is reigbea. such as sil·er. etc.
c, 1hat which is measured bv a linear measure. such as cloth.
etc.
d, 1hat which mav be counted. such as animals. etc.
e, Articles oí íurniture and miscellaneous things.

2. ívvorabte propertv. such as buildings. land. etc..
A man mav not be the owner oí a propertv. but mav ha·e a share in its
income. through hard labour. or skill. in which case. he is not concerned
with the loss. But a íull owner or a member oí a companv is aííected
both in the loss and the proíit. As part owners in propertv. each part-
owner-is co-owner and bears the responsibilitv oí sharing in the
responsibilitv oí maintaining it. repairing it. etc.. At the same time. each
co-owner enjovs the right oí demanding his or her share and resol·ing to
separate his or her own share oí it írom the joint ownership.

1here are partial or temporarv right. such as the right oí vvrvr or
passing through another`s land. and the right oí .bvte or pre-emption.
which means that a co-partner in a certain propertv must be gi·en
preíerence in the matter oí its purchase beíore the propertv is sought to
be sold to a stranger. and next to him to a neighbour ií the propertv is
immo·able. such as a building or land,. Ií there are more partners than
one. the preíerence is to be gi·en according to the proportion oí the
share. or oí the need. as between the parties. or on other considerations.
But ií the sharer or sharers do not assert their claim at the proper time.
their claim lapses. 1hereíore. when the judge announces the sale oí such
propertv. he íixes a timer íor the exercise oí the right. \aste land
belonging to the State mav become pri·ate propertv bv culti·ation aíter
permission írom the authorities concerned. Land belonging to an
indi·idual cannot. howe·er. be acquired through culti·ation or eííecting
other impro·ements on it. 1he Islamic Law pre·ents an indi·idual írom
becoming a nuisance or a source oí annovance to others in exercising
one`s own right oí ownership. lor instance. a man mav not build his
house so close to his neighbour`s as to pre·ent the access oí light and air
to them: nor can he discharge rain or waste water on his neighbour`s
propertv. etc.

Possession is transíerred bv aqa. which means a tie.` bv the original
possessor proposing its transíer on certain terms or unconditionallv and
the recei·er accepting the same. 1his is called - in the law-iiab
proposal,. and qabvt acceptance,. Oííers and acceptance oí transíers oí
this kind are classiíied as íollows:
85

1. íiba or giít - a transíer oí propertv without anv exchange. 1his is
eííected bv a decree oí the court judge,.
2. ßa·y` or sale. which is a transíer oí propertv in exchange oí
something else. 1his mav be eííected bv: a) pavment oí cash: tb)
barter: tc) banking. in which the transaction is cash íor cash: ta) sale
bv pavment in ad·ance. so that the goods sought to be bought mav
be deli·ered on a íuture date: and te) sale in ad·ance. which occurs
when goods are made onlv on recei·ing an order. its ·alue being
paid. in whole or in part. in ad·ance.
3. Mortgage.
4. Rent.
5. Bequest oí propertv which takes eííect aíter the death oí its owner.
1he testator has the íull right oí bequest in one-third oí his or her
propertv íor pri·ate and charitable purposes. aíter paving the debts
ií anv, and íuneral expenses incurred. the remaining two-thirds
being distributed according to the law among his heirs. Ií he or she
desires to bequest more than one-third oí his or her propertv íor
charitable purposes. he or she must take the consent oí the íuture
heirs. A testator must not be insol·ent at the time he or she
bequeathes the propertv in question or in debt to an extent
exceeding the ·alue oí the propertv. le or she must be adult at the
time the bequest is made. 1he bequest can be made in writing or
·erballv in the presence oí two males or one male and two íemale
witnesses. An executor aíter accepting the responsibilitv cannot
decline to discharge it. le must administer the propertv in case the
heirs are minors and distribute the propertv among them
according to the will on their attaining majoritv. le mav sell.
pledge. or let the land or house íor absolute ad·antage or íor
meeting a necessitv. But he cannot trade with it unless speciíicallv
permitted bv the will. A bequest made must be accepted bv the
legatee. It mav be in ía·our oí one or more persons oí his own
íamilv or to outsiders. who mav be Muslims or non-Muslims.

Duties of an Executor. –
Besides generallv administering the propertv. the duties oí an
executor are:
a, Paving the íuneral expenses.
b, Discharging all debts due. ií anv.
c, (ollecting all dues and debts owing to the testator.
d, Acting according to the intention oí the testator.

86
A bequest mav be re·oked during the liíetime oí the testator. and all
changes he desires mav be eííected bv him in regard to it.

6. !aqt or endowments. !aqt. literallv means suspension or standing.
It is a word used in the sense oí transíerring an indi·idual`s
propertv and its income íor some charitable purpose.
Lndowments among Muslims are made íor the erection and
maintenance oí the íollowing:
a, Mosques.
b, lospitals.
c, lree schools.
d, Beneíit oí the poor.
e, Maintaining reser·oirs. waterworks. etc.
í, (arrving out cara·ans ser·ices. hostels. cemeteries.
g, Supporting a íamilv whole or poorer members,.

1he idea oí public charitv oí this kind began as earlv as the time oí
the Prophet: but it de·eloped and took a deíinite and legal íorm about
the end oí the íirst or the beginning oí the second centurv oí the íiira.
Its moti·e írom the ·erv start was the promotion oí charitv and
encouragement oí learning. particularlv religious learning. Accordinglv.
the Islamic Law íorbids such endowments íor purposes opposed to
Islamic teachings.

A non-Muslim is permitted to make endowments under the same
conditions as a Muslim can. 1he donor oí raqt must be in íull
possession oí the propertv. le must be aqit. a possessor oí
understanding. i.e. sane: batigb. oí age: bvrr. íree. and oí good health at
the time he makes the endowment. le must not be in debt íor an
amount aííecting too much the ·alue oí his propertv. 1he object oí the
endowment must be oí a permanent nature and the propertv must vield
some proíit. i.e. it must be producti·e or beneíicial in some other wav. as
íor instance. endowment oí a librarv bv presenting number oí books.
which though thev mav not vield a income. mav be studied íor a ·erv
long time.

Lndowments mav take the íorm oí immo·able propertv. such as land.
buildings. etc.. but certain kinds oí mo·able propertv mav also be
accepted. such as animals íor the milk thev mav vield.

Division of Waqfs
!aqt. mav be di·ided into:
87
1. Kbayri. i.e. charitable such as íor the beneíit oí mosques. hospitals.
etc.
2. .bti. that is intended to support a íamilv in which the object
aimed at is the perpetuation oí a íamilv in good circumstances. bv
aííording it the support oí an income oí an estate.

A raqt needs not necessarilv be executed in writing. but in case it is
not writing the donor must expresslv declare it beíore witnesses. i.e. state
speciíicallv beíore them:
a, lis intention to make the endowment.
b, Description oí the nature oí the endowment. its income. etc.
c, le must pro·ide íor its coming into íorce immediatelv the
declaration is made.

A raqt can be made oí one-third part oí the donor`s propertv. the
remaining two-thirds being leít to his heirs. but the donor mav increase
the quantitv bv making a giít during his liíetime. Once a raqt is properlv
made and comes into íorce. it cannot be re·oked e·en bv the donor.

In case a mosque is erected. it becomes public propertv as soon as
anv man makes his praver in it. A !aqt is administered. according to the
terms oí its endowment. bv one or more trustees. A single person
super·ising the administration is called ^a.ir. i.e. manager or
administrator. he is paid íor his ser·ices írom the income oí the estate to
the extent oí one tenth oí the net income. 1he íounder himselí can
become the ^a.ir during his liíetime. ií he so pro·ided. and be
succeeded bv one oí his íamilv. But in case another is appointed under
the terms oí the endowment. the íounder or his descendants cannot
interíere with the management. so long as it is administered according to
the terms and conditions laid down in the endowment. Ií a ^a.ir íails to
carrv out his duties honestlv. or ií he is pro·ed incompetent. it is leít to
the magistrate qaai, to dismiss him and to appoint a competent man. Ií
an endowment is not utilized íor the intended purpose. it becomes the
propertv oí the donor oí his heirs.

1he endowed propertv must be íree írom the claim oí creditors. A
man cannot make an endowment oí his propertv in ía·our or oí his
children ií he in hea·v debt. and ií his object is to escape pavment oí his
lawíul debts.

PART III PENAL LAWS
(Uqubat or Punishments)
88
Chapter IX - Criminal Intentional
Injury
he third di·ision o the Islamic Law is vqvbat or punishments íor
intentional injurv to the íollowing:

a, luman bodv. such as murder or causing wound.
b, luman propertv. bv usurpation. theít or damage.
c, luman honour. such as bv slander.
d, Breach oí public peace. such as rioting. highwav robberv.
etc.
e, Oííences against religion. Such as non-attendance at pravers.
or non-paving .a/at legal alms,. etc.
í, Oííences against decencv. such as adulterv. use oí
intoxicants. and gambling.
g, Oííences against the established go·ernment. which means
rebellion.

1he extent oí punishment íor the abo·e-mentioned crimes extends
írom administering a warning. or the iníliction oí a íine. or bodilv
chastisement bv means oí stripes. to imprisonment. transportation.
cutting oíí oí hands. íeet. and lastlv putting to death.

Guilt is pro·ed when a man acts intentionallv to cause injurv to
another man. Ií a man is hurt. but the doer ne·er intends to injure him.
he is not held responsible íor the injurv. lor example. when a man keeps
a dog in his house and a stranger without warning or permission enters
it. and is bitten bv the dog. its owner is not responsible íor the
consequences. But when a man lea·es his horse on the public road and
the horse kicks a passer-bv and hurts him. the owner is punished íor the
same. In the case oí murder which is called qi.a. in Arabic, or
retaliation. though the murderer must be put to death. the Islamic Law
does not insist on such punishment. On the other hand. it recommends
the relati·es oí the murdered to accept compensation.

Punishment bv wav oí qi.a.. or the like oí a similar injurv. is not
permitted in doubtíul cases. lor example. when a man causes íracture in
the bone oí another. he cannot be punished bv inílicting on him the
same kind oí injurv. 1hus. the doctrine oí qi.a. is limited to certain
speciíied cases. 1he Islamic Law. howe·er. punishes. in milder manner.
the guiltv in cases oí such nature bv administering admonition or scorn.
bv imposing imprisonment. whipping and íinallv bv taking the liíe oí the
criminal. It depends upon the character oí the oííence and the
1
89
circumstances. under which the oííence has been committed. the
intention oí the partv and his age. All these are leít to the consideration
oí the qaai magistrate whose discretion oí judgment is depended upon,.

lis guide in these matters is the Koran. the baaitb.1raditions oí the
Prophet, and the legal codes as arranged bv eminent scholars learned in
the law. Le·itv mav be shown in the iníliction oí punishment. but once it
is pronounced there can be no le·itv in regard to its being carried out.
lor instance. the magistrate mav show leniencv in ordering twentv
stripes. instead oí íiítv. but the twentv ordered stripes must be real hard
blows. As the Koran orders: .va tet vot pity aetaiv yov iv tbe vatter ot !
Coa`. covvavavevt..

Crime Of Murder
Murder
murderer must either be put to death bv order oí the magistrate or
ií the relations oí the murdered man or woman are willing in
certain cases to íorgi·e the murderer and íorego their claim. the guiltv
partv mav be made to pav compensations as ordered bv the court with
mutual consent oí the relati·es oí the murdered man and the murdered.
1his is prescribed in the Koran. ·erses 1¯8 and 1¯9. (hapter 2. which
mav be rendered as íollows:

Retatiatiov i. pre.cribea tor yov iv tbe vatter ot tbe .taiv. tbe tree tor tbe
tree. ava tbe .tare tor tbe .tare ava tbe tevate tor tbe tevate. bvt it avy
revi..iov i. vaae to avyove by bi. tivivrea) brotber. tbev pro.ecvtiov ttor tbe
btooarit) .bovta be vaae accoraivg to v.age. ava payvevt .bovta be vaae to
biv iv a gooa vavver: tbi. toraivavce) i. av atteriatiov trov yovr íora ava a
vercy tII - 1¯8,.

And there is liíe íor vou in the law oí retaliation. O men oí
understanding. that vou mav guard voursel·es.` 1he meaning is that
preser·ation oí liíe is dependent upon making the law oí retaliation
work: generallv speaking. liíe cannot be saíe unless those who are guiltv
oí homicide are liable to be sentenced to capital punishment.

Qatl (in Arabic), i.e. homicide
is classiíied into the íollowing:
1. ívtevtiovat vvraer : in this case. the oííender is to be punished both in
this liíe and in the next.
!bo.oerer /itt. a betierer ivtevtiovatty. bi. pvvi.bvevt i. bett.

A
90
2. .vatogov. ca.e. ot vvraer. i.e. cases when the intention to kill mav be
iníerred. lor example. when a man strikes another with a stick. but
he mav or mav not ha·e intended the strike to result in death. Ií it
causes the death oí the other. the punishment is that ií the intention
to kill him is not brought home. then he is íined hea·ilv. but not put
to death.

3. Mvraer by vi.ta/e : Murder mav be committed under a mistake oí íact
or intention. 1he íormer occurs when a man strikes something else
but hits the slain man: the latter. when a man has no intention to kill.
but his act accidentallv causes the death oí a person. 1he íollowing
·erse bears on this point. It mav be interpreted as íollows:

.va it aoe. vot bebare a betierer to /itt a betierer e·cept by vi.ta/e. ava
rboerer /itt. a betierer by vi.ta/e be .bovta tree a betierivg captire tOr
rar pri.over) ava btooa·vovey .bovta be paia to bi. peopte vvte.. tbey
revit it a. atv.. ßvt it be cavvot tiva a captire to evavcipate. be .bovta
ta.t tor tro vovtb. .vcce..irety. a pevavce trov Coa. ava Coa i. Kvorivg
ava !i.e II-92,.

4. Mvraer ivairectty cav.ivg aeatb : lor example. ií a man digs a well
outside his compound. on a public road. or where there is possibilitv
oí people ha·ing to cross. and a passer-bv íalls in it and dies. the man
is held liable and made to pav a íine. But ií this act per .e is not illegal.
the dead man ha·ing taken the risk. there is no liabilitv íor reparation
to be made íor his death.
According to Islamic Law. the man who kills is alone held responsible
íor his guilt. It excludes his relati·es írom retaliation bv the relati·es
oí the murdered man. as was the custom among the pre-Islamic
Arabs.

Chapter X - Adultery
Adultery or Fornication
oslem jurists recommend that an evewitness in a case oí this sort
should satisív the court oí the truth oí the charge bv pro·ing what
he saw with his own eves. Ií he íails to satisív the court. he is liable to
punishment with eightv stripes. 1hereíore. it is that the task oí becoming
a witness is onerous under the Islamic Law. 1he object is to discourage
such charges. which mav arise írom suspicion. wrong notion. jealousv or
other similar causes and which. e·en ií true. ha·e an eííect that is not
likelv to pro·e healthv on societv. Adulterv is either committed with an
M
91
unmarried or a married person. In the íormer case the punishment is not
so se·ere. but in the latter the punishment is stoning the guiltv to death.

A husband mav slav his wiíe. ií he íinds her with her lo·er in the act
oí sexual union. In other cases. an alleged act oí adulterv. ií brought
íorward bv anv person. must be pro·ed bv íour witnesses. whose
statement should not diííer or appear doubtíul. Ií the charge is pro·ed in
accordance with the injunctions oí the law. the punishment íor
íornication or an unmarried person, is one hundred stripes. inílicted on
a man while standing. and on a woman while sitting. At present the
punishment íor adulterv or íornication is relaxed in Muslim countries.
especiallv in those occupied or iníluenced bv íoreign powers. 1he
íollowing is an Lnglish translation oí the text in the Koran relating to
adulterv:
.. to tbe aavtterer ava tbe aavttere... .covrge eacb ove ot tbev tritb a
bvvarea .tripe.) ava tet vot pity tor tbev aetaiv yov iv tbe vatter .. ava tet a
party ot betierer. ritve.. tbeir cba.ti.evevt
t])

Punishment For Slander
In the case oí slander. one who accuses a woman oí adulterv must
produce the e·idence oí íour witnesses. who must clearlv state the crime
or else the slanderer himselí is to be punished. as enjoined upon him bv
the Koran:

.va tbo.e rbo accv.e tree rovev ava cavvot brivg tovr ritve..e.. ttog
tbev ritb eigbty .tripe.. ava ao vot aavit avy eriaevce trov tbev erer
t``í1 - 1)

.va a. tor tbo.e rbo.e accv.e tbeir rire. ava bare vo ritve..e. e·cept
tbev.etre.. tbe eriaevce ot ove ot tbe.e .bovta be ta/ev tovr tive.. bearivg Coa
to ritve.. tbat be ttbe bv.bava) vo.t .vrety .ay. tbe trvtb
t2)
.va tbe tittb
ttive) tbat tbe cvr.e ot Coa be ov biv it be tota tie. XXIV - 6-¯, t
²
) .

1
( ) Chastity, as a virtue, is not given the first place in modern civilized society, and
hence, while fornication is not a criminal offence, even adultery is not considered as
sufficiently serious one to subject the guilty party to any punishment except the
payment of damages to the injured husband. This, indeed, is a very low view of
sexual morality. Materialism has taken such a strong hold of the civilized mind that
even chastity, the most precious jewel in a woman’s crown of virtue, can be
compensated by a few pounds. Hence the Islamic Law seems to be too severe to an
easy-going Westerner. The breach of the greatest trust which can be imposed in a
man or a woman, the breach which ruins families and destroys household peace, is
not looked upon except as the breach of a trust of a few pounds.
(
2
) This is an effectual restraint against slander and gossip, which so often bring
disaster upon the heads of innocent women. Unless there is the clearest evidence of
92

.va tbe tittb ttive) tbat tbe rratb ot Coa be ov ber it be .aia tbe trvtb
t``í1 - º··).

.va it .batt arert tbe cba.ti.evevt trov ber ttbe rite) it .be te.titie. tovr
tive.. bearivg .ttab to ritve... tbat be i. vo.t .vrety a tair.

Chapter XI - Theft And Robbery
Crime of theft and Highway Robbery.
ccording to the íollowing text oí the Koran. the magistrate mav
inílict anv moderate or se·ere kind oí punishment. It is leít to his
discretion and depends upon his interpretation oí the text and his
judgment:

)be pvvi.bvevt tor tbo.e tigbt agaiv.t Coa ava bi. apo.tte ava cav.e
ai.a.ter iv tbe tava tby bigbray robbery) i. : t]) to be .taiv: t2) crvcitiea: t²)
bare tbeir bava. ava teet cvt ott cro..ray.: t1) or to be bavi.bea trov tbe tava
- vvte.. be or tbey repevt ava retorv betore tattivg ivto tbe bava. ot tbe covrt.

.va a. tor tbe vav or rovav rbo .teat. cvt ott tbeir bava. a. a
pvvi.bvevt trov Coa.

1he judge. according to Muslim jurists. mav pass the íollowing
sentence:
1. Ií the crime consists in making public highwavs unsaíe íor tra·ellers
and trade cara·ans. the punishment is deportation írom the countrv.
2. Ií anvthing has been robbed. the guiltv parties mav be punished bv
cutting oíí right hands and on return the leít íoot.
3. Ií. besides interrupting cara·ans. public highwavs are made unsaíe
and those who are guiltv are also held to ha·e killed anv man or
woman. those adjudged guiltv mav be put to death or cruciíied. such
a sentence being considered a deterrent one. But ií those guiltv repent
beíore being brought beíore the oííicers oí the law. thev mav be
íorgi·en. pro·ided that thev restore the stolen propertv: and ií thev
ha·e killed anv one. thev pav the aiyya in Arabic,. that is the amount

adultery against a woman–the evidence of four witnesses – the slanderer himself is
to be punished.
(
3
) The ordinance relates to the case of husbands who accuse their wives of adultery
and have no evidence. In such a case a divorce is effected the husband not being
punishable for the accusation, though he cannot produce witness, and the wife not
being punishable for adultery if she denies the charge in the manner stated.
A
93
oí monev judged bv the magistrate ha·ing made sure oí its being
imperati·e as compensation to be gi·en to the heirs oí the murdered.

1he Islamic Law deíines theít in the sense oí stealing a thing
considered as the propertv oí another man kept in his shop. etc.. or in
anv other saíe place such as a house. or leít in the guard oí some
guardian. Manv things are not considered propertv. such as:

1. 1hings which mav decav or be wasted as milk. íruits. grain. not
reaped, grass. íish. garden stuíí. etc..
2. Intoxicants which a thieí mav excuse himselí bv saving he wanted
to split it.
3. 1riíling things. such as íowls. etc.
4. Books including copies oí the Koran.
5. 1he public treasure. or bait·et·vat in Arabic, being a propertv
common to all Muslims. the idea being that an indi·idual Muslim
cannot be punished bv amputation íor an oííence oí this kind.
because. a Muslim. he is entitled when in distress to some share in
it.

A creditor mav take up to the limit oí his claim írom a bad debtor
without transgression.
In case oí theít is pro·ed and the magistrate passes the judgment oí
cutting oíí the hand oí the thieí. it is cut at the joint oí the wrist.
1his punishment is exacted nowadavs in Saudia Arabia. \emen and
Aíghanistan oí the Muslim countries. Onlv a ·erv íew hands were cut íor
the charge oí robberv or theít during the past twentv vears. 1he
punishment is so se·ere that it pro·ed stringent against such
transgressions.
In lijaz no case oí theít or robberv whate·er had been recorded or
judged íor the last ten vears 195¯,.
Intoxicants. gambling. etc.. are íorbidden bv the Koran and the
punishment to be inílicted is whipping. as manv stripes as mav be
ordered bv the trving magistrate.
1he testimonv oí a gambler or a drunkard is not to be accepted bv the
court: the Koran`s text is rendered thus:

ívto·icavt. ava gave. ot cbavce tgavbtivg) ava .acriticivg to iaot. ava
airivivg by arror. - .o rvv. tbe ivterpretatiov ot tbe Korav te·t - are ovty av
abovivatiov. ava tbe aerit`. ror/. .bvv it tberetore tbat ye vay pro.per.

ít i. tbe aerit rbo reqvire. to cav.e evvity ava batrea to .privg iv yovr
via.t by veav. ot ivto·icavt. ava gave. ot cbavce. ava to /eep yov ott trov
94
tbe revevbravce ot Coa ava trov .ayivg yovr prayer.. tberetore ab.taiv trov
tbev V - 91,.

1he punishment íor drinking wine or anv intoxicating liquor is
whipping. which mav consist oí as manv as eightv stripes.
1,


Such. in brieí. is the Penal Law oí Islam. which has been modiíied to
some extent. in modern Muslim States all o·er the world. No Muslim
Go·ernment in these davs with the exception oí Arabia and
Aíghanistan, orders the cutting oíí the hands oí a thieí: nor does it allow
the ransoming oí a murderer. L·en as earlv as the Ummavad rule.
Khaliía lisham modiíied the punishment íor theít bv limiting it to
ordinarv imprisonment extending to two vears. \ith regard to other
crimes. the punishment is todav leít to the discrimination oí the judge
aíter the nature oí the crime be alleged and pro·ed.


1
( ) It is pertinent to note here that temperance is one of the fundamental principles
in the Muslim law. Wine of any kind – is strictly forbidden, no distinction is made in
the punishment of a wine drinker and a drunkard; by wine is meant any intoxicating
liquor. If a Muslim drink wine and two witnesses testify to his having done so or if
his breath smell of wine, or if he shall himself confess to having taken wine, or if he
found in state of intoxication he shall be beaten with eighty stripes.
On every page of the great volume of the past the student may find traces of the
evils arising from the use of intoxicating liquors and the beneficial influence and
power resultant upon the practice of total abstinence from intoxicants and have
reaped a rich and blessed harvest.
We have full experience coming down through the ages that intoxicants are not
only harmful but degrading and destructive and that total abstinence is self-
protective, beneficial, and elevating.
According to the proceedings of the 19
th
International Congress against
Alcoholism held in 1928 in Belgium and attended by the writer on behalf of Egypt,
the evils of the traffic in drink are of three kinds: a) moral evils including a probable
average of two thirds of the criminal offences throughout those countries of the
world where intoxicating drinks are generally used, and the less of hundreds of
thousands of lives each year; b) economic evils aggregating a wastage of almost
incalculable millions in money each year; c) political evils, having a vital bearing on
the most important civic problems of the day.
Moreover the great congress considered the questionable pleasure and profits
conferred upon the few by the traffic are in striking disproportion to the evils it
inflicts upon the many.
The above argument evidently asserts the wisdom of the Islamic law in totally
forbidding the use the sale or barter, the manufacture, the possession of, and the
traffic in any intoxicating liquor or drug. While the principle of temperance was
greatly extended in Europe only of late during the 19
th
century, the principle in the
Muslim world took its birth as early as one thousand year before the discovery of
America.
95
Chapter XII - Divisions Of
Punishment
unishment is di·ided into three classes:
1. íaaa. 2. Oi.a.. 3. )a`.ir.

]. íaaa pl. bvava) ttiteratty that which is deíined, is that punishment.
the limits oí which ha·e been deíined in the Koran and baaitb the
1raditions oí the Prophet,. 1he íollowing belong to this class:
a, Adulterv. íor which the adulterer must be stoned.
b, lornication. íor which the guiltv persons must recei·e one
hundred stripes.
c, 1he íalse accusation oí a chaste person or a ·irtuous man or
woman with adulterv. íor which the oííender must recei·e
eightv stripes.
d, Apostasv which is punishable with death.
e, Drinking intoxicating liquor. íor which the oííender must
recei·e eightv lashes.
í, 1heít. which is punished bv cutting oíí the right hand.
g, lighwav robberv: lor robberv onlv. the loss oí hands and íeet.
and íor robberv with murder. death. either bv sword or
cruciíixion. 1his di·ision oí punishment has alreadv been dealt
with at length in the íoregoing chapters.

2. Oi.a. ttiteratty retaliation, is that punishment which. although íixed bv
the law. can be remitted bv the person oííended against. or in the case
oí murdered person. bv his heirs. It is applicable to cases oí murder
and wounding.
². )a`.ir. i.e. punishment which is leít to the discretion oí the judge. 1he
íollowing chapter presents a thorough explanation oí the ta`.ir
punishment,.

Chapter XIII – Discretionary

Correction or Ta’zir
a`.ir Arabic, írom a.r to censure or repel,. is that discretionarv
correction administered íor oííences. íor which baaa or íixed
punishment has not been appointed.
According to the ´vvvi Law. the íollowing are the leading principles
oí ta`.ir:
)a`.ir in the primiti·e sense means prohibition` and also
instruction`: in the law it signiíies an iníliction undetermined in its
P
1
96
degree bv the law. on account oí the right oí Allah God,. or oí the
indi·idual. and the occasion oí it is anv oííence íor which baaa or stated
punishment has not been appointed. whether that oííence consists in
word or deed.
1. (hastisement is ordained bv the law. the institution oí it being
established on the authoritv oí the Koran. which enjoins men to
chastise their wi·es. íor the purpose oí correction or amendment.
and the same also occurs in the traditions examples oí the Prophet,.
It is recorded that the Prophet chastised a person. who had called
another perjurer.` and all the (ompanions agreed concerning this.
Moreo·er both reason and analogv e·ince that chastisement had to
be inílicted íor acts oí an oííensi·e nature in such a manner that
man mav not become habituated to the commission oí such acts.
íor. ií thev were. thev might bv degrees be led into the perpetration
oí others more atrocious. 1hough in chastisement nothing is íixed
or determined. the degree oí it is leít to the discretion oí the qaai.
judge,. because the design oí it is correction. and the disposition oí
men with respect to it is diííerent. some being suííicientlv corrected
bv reprimands. whilst others. more obstinate. require coníinement
or e·en blows.

2. 1here are íour degrees oí chastisement: lirst the chastisement
proper to the most noble oí the noble or. in other words. 1he most
eminent and men oí learning,. which consists merelv in admonition.
as ií the qaai were to sav to one oí them: I understand that vou
ha·e done this or that.` so as to make him ashamed. Secondlv. the
chastisement proper to the noble namelv commanders oí armies
and chieís oí armies and chieís oí districts, which mav be períormed
in two wavs. either bv admonition as stated abo·e, or bv iarr
Arabic,. that is bv dragging the oííender to the door and exposing
him to scorn. 1hirdlv. the chastisement proper to the middle order
consisting oí merchants and shopkeepers. etc.,. which mav be
períormed bv iarr as abo·e, and also bv imprisonment: and
íourthlv. the chastisement proper to the lowest order in the
communitv. which mav be períormed bv iarr or bv imprisonment
and also bv blows.
1,



1
( ) The above degrees are in no way imperative upon the judge who is at liberty to
inflict what punishment is destructed according to his own judgment the Muslim law
makes no chastisement. (The Author).
Destruction whatever between offenders who are brought for
97
3. It is recorded that the ruler oí a countrv mav inílict chastisement bv
means oí propertv. that is bv the exaction oí a sum oí monev in the
manner oí a íine. proportioned to the oííence.

4. (hastisement. which is incurred purelv as the right oí God. mav be
inílicted bv anv person what e·er. L·en though there be no
magistrate present: the reason oí this is that the chastisement in
question is oí the class oí the remo·al oí e·il with the hand. 1he
Prophet has authorized e·erv Muslim to remo·e e·il with the hand.
ií possible. as he has said: !boerer avovg yov .ee tbe erit. tet biv
reveay it ritb bi. orv bava.: bvt it be be vvabte .o to ao. tet biv torbia
it by bi. tovgve. (hastisement. thereíore. is e·identlv species other
than punishment. since authoritv to inílict the latter does not
appertain to anv but a magistrate or a judge. 1his species oí
chastisement is also diííerent írom the chastisement which is
incurred on account oí the right oí the indi·idual such as in cases
oí slander and so íorth,. since that depends upon the complaint oí
the injured partv. whence no person can inílict it but the magistrate.
e·en under a pri·ate arbitration where the plaintiíí and deíendant
mav ha·e reíerred the decision oí the matter to anv third person.

5. (hastisement in anv instance in which it is authorised bv the law. is
to be inílicted. where the ivav. the legal ruler. sees it ad·isable.

6. Ií a person accuses oí whoredom a male or íemale sla·e or an
iníidel. he is to be chastised. because this accusation is oííensi·e.
and punishment íor slander is not incurred bv it. as the condition oí
íb.av i.e. marriage oí a íree Muslim or woman in the sense which
induces permittance íor stander, is not attached to the accused:
chastisement. thereíore. is to be inílicted. And in the same manner.
ií anv person accuses a Muslim oí anvthing other than whoredom
i.e. abuses him bv calling him a reprobate. a ·illain. an iníidel. or a
thieí,. chastisement is incurred. because he injures a Muslim and
deíames him: and punishment cannot be considered as due írom
analogv. since analogv has no concern with the necessitv oí
punishment: chastisement. thereíore. is to be inílicted. In the case oí
abusing a Muslim. the measure oí the chastisement is leít to the
discretion oí the magistrate. be it more or less. and whate·er he sees
proper. let him inílict it.

¯. Ií a person abuses his brother-Muslim bv calling him an ass or a hog.
in this case chastisement is not incurred. because these expressions
are in no respect deíamatorv oí the person towards whom thev are
98
used. it being e·ident that he is neither an ass nor a hog. Some
jurists assert that e·en in such occasions. in our time. chastisement
mav be inílicted. since in the modern acceptation. calling a man an
ass or a hog is held to be abuse. Others. again. allege that it is
esteemed as such. onlv where the person towards whom such
expressions are used happens to be oí digniíied rank such as a
noble man or a man oí letters,. in which case chastisement must be
inílicted upon the abuser. as bv so speaking he exposes that person
oí rank to contempt: but ií he be onlv a common person.
chastisement is not necessarilv incurred. but the case is. howe·er.
leít to the discretion oí the qaai and this is the most appro·ed
doctrine.

8. 1he greatest number oí stripes in chastisement is thirtv-nine. and the
smallest number is three. 1his restriction is íounded on a saving oí
the Prophet: )be vav rbo .batt ivttict .covrgivg to tbe avovvt ot
pvvi.bvevt. iv a ca.e rbere pvvi.bvevt i. vot e.tabti.bea. .batt be
covvtea av aggraratormeaning a wanton aggra·ator oí punishment,.
írom which saving it is to be iníerred that the iníliction oí a number
oí stripes in chastisement equal to the same number as in
punishment is unlawíul. 1his being admitted. the Muslim jurists. in
order to determinate the utmost extent oí chastisement. consider
what is the smallest punishment - and this is the punishment íor
slander with respect to a sla·e. which is íortv stripes-and establish
thirtv-nine as the greatest number to be inílicted in chastisement.
Abu \usií. the eminent jurist and authoritv. on the other hand.
considering the smallest punishment with respect to íree men as
íreedom is the original state oí man,. which is eightv stripes. he
deducts íi·e and establishes se·entv-íi·e as the greatest number to
be inílicted in chastisement as aíoresaid. 1his is because the same is
recorded oí ívav Ali. the íourth Khaliía. whose example Abu
\usuí íollows in this instance. 1he more modern doctors oí di·initv
assert that the smallest degree oí chastisement must be leít to the
judgment oí the ívav or qaai. who is to inílict whate·er he mav
deem suííicient íor chastisement. which is diííerent with respect to
diííerent men. It is agreed that the degree thereoí is in proportion to
the degree oí the oííence: and it is also established that the
chastisement íor pettv oííences should be inílicted to a degree
approaching to the punishment allotted íor oííences oí a similar
nature: thus the chastisement íor libidinous acts such as kissing and
touching, is to be inílicted to a degree approaching to the
punishment íor whoredom. and the chastisement íor abusi·e
language to a degree approaching to the punishment íor slander.
99

9. Ií the qaai judge, deems it íit in chastisement to unite imprisonment
with scourging. as in cases oí most ·icious oííences such as
committing sodomv,. it is lawíul íor him to do both. since
imprisonment is oí itselí capable oí constituting chastisement. and
had been so emploved. íor the Prophet once imprisoned a person
bv wav oí chastising him. lowe·er. imprisonment is not lawíul
beíore the oííence be pro·ed. merelv upon suspicion : contrarv to
oííences which induce punishment. íor there the accused mav be
lawíullv imprisoned upon suspicion. It is also agreed that the qaai.
according to his discretion. mav unite imprisonment with blows in
oííences deser·ing the same.

10. 1he se·erest blows or stripes mav be used in chastisement. because
le·itv is not to be regarded with respect to the nature oí them. íor
otherwise the design would be deíeated: and hence le·itv is not
shown in chastisement bv inílicting the blows or stripes upon
diííerent parts oí the bodv. And next to chastisement. the se·erest
blows or stripes are to be inílicted in punish. \horedom. moreo·er.
is a deadlv sin. in so much that lapidation íor it has been ordained bv
the law. And next to punishment íor whoredom. the se·erest blows
or stripes are to be inílicted in punishment íor wine-drinking. as the
occasion oí punishment is there íullv certiíied. and next to
punishment íor wine-drinking the se·eritv oí the blows or stripes is
to be attended to in punishment íor slander. because there is a
doubt in respect to the occasion oí the punishment namelv the
accusation,. as an accusation mav be either íalse or true. And also
because se·eritv is here obser·ed in disqualiíving the slanderer írom
appearing as an e·idence: whereíore se·eritv is not also to be
obser·ed in the nature oí the blows or the stripes.

11. Ií the magistrate inílicts either punishment or chastisement upon a
person. and the suííerer should die in consequence oí such
punishment or chastisement. his blood is íaaar. that is to sav
nothing whate·er is due an act which is decreed is not restricted to
the condition what he does is done bv decree oí the law: and an act
which is decreed is not restricted to the condition oí saíetv. 1his is
analogous to a case oí phlebotomv: that is to sav ií anv person
desires to be bled. and consequentlv dies. the operator is in no
respect responsible íor his death: and so here also. It is diííerent.
howe·er. in the case oí the a husband inílicting chastisement upon
his wiíe. íor his act is restricted to saíetv. as it is onlv allowed to a
husband to chastise his wiíe. In the case oí the íine oí blood
100
according to ´bat`i School oí Jurisprudence. this is due írom the
public treasurv bait·et·vat,. Because although where chastisement
or punishment pro·es destructi·e, it is homicide bv misad·enture
as the intention is not the destruction. but the amendment oí the
suííerer,. a íine is due írom the public treasurv. since the ad·antage
oí the act oí the magistrate extends to the public at large. whereíore
the atonement is due írom their propertv. namelv írom the public
treasurv. On the other hand. according to the íavati School oí
1heologv. whene·er the magistrate inílicts a punishment ordained
bv God upon anv person. and that person dies. it is the same as ií he
had died bv the ·isitation oí God. without anv ·isible cause.
whereíore there is no responsibilitv. In anv case. the matter is leít to
the ruler to decide according to his discretion.
1,


Chapter XIV - Sinful Acts
Classification
ins are classiíied into:
1. 1. Kabira or great. 2. ´agbira or small.
1his di·ision is based upon the íollowing interpreted text in the lolv
Koran:

)o tbo.e rbo aroia tbe great .iv. ava .cavaat. bvt covvit ovty tbe tigbter
tavtt.. rerity tbe íora ritt be aittv.ea ot vercy.

According to Islam. a human being does not possess e·il in his true
nature or selí but has the weakness oí being tempted into e·il.
1hereíore. e·il is not a human disposition but an acquired habit. It is a
mental disease and mav be cured through right preaching and training.
Satan. who is e·il bv nature. was the íirst to sin. i.e. to disobev the
command oí God. lis sin was selí-conceit and pride. enumerated
among the hea·iest sins. 1he e·il tendencv is the bidding oí an animal
soil.
Joseph. the Prophet. is quoted in the lolv Koran to ha·e said to
himselí:

í ao vot aectare vy.ett tree trov tbvvav) rea/ve..: vo.t .vrety it i. tbe
avivat .ovt tbat covvava. erit tava bevce vav aoe. erit) bvt Coa i. .o
Mercitvt to torgire a. íe i. tbe vo.t Mercitvt.


1
( ) References: Hidaya, Durrul-Mukhtar, the Fatawa-alMaghiri, etc.
S
101
1hereíore. ií the carnal animal, soul is brought under the control oí
true selí. one mav become íree írom e·il.
Among the great sins are:
1. Associating anv being with God.
2. \ilíul murder.
3. Adulterv.
4. 1heít or Robberv.
5. Unnatural crime.
6. Drunkenness.
¯. 1elling lies.
8. Usurv.
9. Disobedience to one`s parents.
10. (harging illegallv a Muslim woman with íornication.
11. lalse witness.
12. Deírauding orphans.
13. Despair oí God`s mercv under hard trials oí destinv.
14. (owardice in deíensi·e religious waríare.
15. Neglect oí pravers or íasting without anv justiíication.
16. Gambling.

Sincere repentance írom anv sin mav bring God`s mercv and
sal·ation. Ií a non-Muslim embraces Islam. his past shortcomings are all
íorgi·en. A Muslim. bv committing a great sin. becomes a sinner. but not
an iníidel. According to ´vvvi.. 1he Prophets. all oí them. including
those oí the Old and the New 1estaments. do not commit anv great sin.
but one liable íor anv slight imperíections in action. lor example. in the
case oí Adam. his action in eating the íorbidden íruit was not
disobedience but weakness oí the understanding. or rather íorgetíulness
oí the di·ine commandment and not intentional disobedience thereoí.
1hereíore. he is not to be treated as one who was disallowed írom
seeking pardon at the hands oí God. Nor does seeking pardon oí God
necessarilv mean committing anv sin. It is onlv a sign oí humilitv towards
the Almightv God. It is admitted that human beings in anv stage oí
human períection are not períect and that their imperíection is in itselí
suííicient reason to seek God`s pardon. because an ivpertect` cannot act
completelv to the bidding oí the Pertect` ti.e. God). 1here is a tradition
that the Prophet said: í a./ paraov ot Coa ava repevt torara. íiv .o
vavy tive. erery aay. 1hus. sin` is human imperíection. a weakness in
being tempted. though the real selí remains pure in its essence.

Suicide:-
Suicide is a great sin. because it is considered a willíul act to kill
oneselí. According to the tradition oí the Prophet. !boerer /itt. biv.ett
102
ritt .vtter iv bett. In Islam. liíe is respected and its destruction. though it
mav be in one`s own care. is íorbidden. Accordinglv. cases oí death bv
suicide are ·erv rare in Muslim countries. A true Muslim must submit to
the decrees oí God and accept cheeríullv all una·oidable e·ents.
According to the teachings oí the lolv Koran. some oí these
happenings should be taken to be trials ordered bv the Almightv God.
1he íollowing is an Lnglish translation oí the Koranic text bearing on
the subject:

.va íe ritt vo.t certaivty try yov ritb .ove tear. bvvger. to.. ot
property. tire. ava trvit. ti.e. re.vtt ot yovr .tririvg.). ava tbe Propbet i.
oraerea to gire gooa ver. to tbe patievt iv att .vcb triat.: tbey. rbo. rbev a
vi.tortvve or a to.. ot property or tire. betatt. tbev. .bovta .ay votbivg bvt
tbat .vrety tbey are tbe betovgivg. ot Coa ava to íiv tbey .batt retvrv. |pov
tbo.e patievt tbe .tvigbty Coa ritt .borer íi. bte..ivg. ava vercy. rbevce
tbey prore to be .vbvi..ire ava avtitvt to tbeir íora.

lrom this point oí ·iew. a Muslim. in attempting to commit suicide. is
reallv re·olting against the triat. .evt aorv to biv by Coa iv tbe torv ot
vi.tortvve..

Permissible And Prohibited Food
ood is also di·ided in Islamic religion into permissible and
prohibited. Among the íorbidden íood are the íollowing :

Ouadrupeds that seize their prev with their paws and teeth or talons.
such as cats. tigers. etc.: and among birds: crows. kites. eagles. etc..
Besides these. the ílesh oí elephants: the ílesh oí anv animal dving a
natural death: the blood: the ílesh oí swine: and the ílesh oí those
animals o·er which names other than God`s name ha·e been in·oked
when slaughtered.
1he íollowing is an interpretation oí the text in the lolv Koran
bearing on the subject:

íorbiaaev to yov i. tbat rbicb aie. ot it .ett: ava btooa ava tte.b ot .rive.
ava tbat ov rbicb avy vave otber tbav tbat ot .ttab tCoa) ba. beev ivro/ea
trbite tbe avivat i. beivg .tavgbterea) ava tbe .travgtea tavivat). ava tbat
beatev to aeatb ava tbat /ittea by a tatt ava tbat /ittea by beivg .vittev ritb
l
103
tbe borv. ava tbat rbicb bea.t. bare eatev. e·cept rbat yov .tavgbter iv tbe
proper vavver
t])
V - 3,

An animal to be íit íor íood must be slaughtered with a sharp kniíe:
in using it care must be taken to a·oid suííering to the animal as íar as
possible. ßetore killing. the name oí God must be recited beíore using the
kniíe the íormula .ttabv a/bar -God is Greater- is usuallv said,.
signiíving that it was God who allowed animals to be slaughtered íor the
nourishment oí human beings.

PART IV MORALITIES
Chapter XV - Muslim Ethical Basis
of
Social Life
he ethical Muslim social liíe is rather a diííicult subject to write
about in anvthing like adequate íashion. Islam is international. and
Muslim. who inhabit diííerent parts oí the world li·e in diííerent stages
oí social de·elopment. are attached to their inherited customs oí ages.
some oí them oí pre-Muslim origin. 1he ethical basis on which Muslim
societv is built up mav be traced back to the last address deli·ered bv the
Prophet soon aíter his íarewell pilgrimage. in which he said:

O vev. íi.tev to ve. tor í vay vot be ritb yov atter tbi. year iv tbi.
ptace. íet it be rett vvaer.tooa tbat yovr tire. ava property are .acrea ava
ivriotabte to eacb otber. íreryove ritt bare bi. .bare ot ivberitavce. )be cbita
betovg. to bi. parevt.. Yov bare rigbt orer yovr rire. ava tbey bare rigbt orer
yov. )bey .bovta vot be taitbte.. to yov ava yov vv.t treat tbev ritb torivg
/ivave... Do vot trav.gre... ava be taitbtvt to avy trv.t ptacea iv yov. |.vry
i. probibitea ava at.o revgeavce tor btooa. )reat yovr .tare t.erravt.) ritb
/ivave... teea tbev ritb rbat yov eat. ava ctotbe tbev a. yov ao yovr.etre..
íorgire tbev it tbey covvit tavtt. )be .tare. iv yovr po..e..iov. rbo pertorv
prayer.. are yovr brotber. ava att Mv.tiv. are brotber. to ove avotber. í a./
yov att to gvara yovr.etre. agaiv.t att .ort. ot iviv.tice.

Such was the íraternal spirit under which Muslim societv came to be
íirst established and later de·eloped. íirst and íoremost in Arabia and
then (entral and South Asia. North Aírica. and Southern Lurope. 1he

1
( ) The exception may apply to five classes related. The meaning is that if an animal
partly eaten by wild beasts is found still alive and is slaughtered in the proper
manner, its flesh is allowed..

1
104
same spirit made itselí íelt in less or more degree. where·er Islam
permeated e·en in a mild or attenuated íorm.

Among the more important íactors which iníluence the de·elopment
oí societv is the status assigned to men and women as members oí the
íamilv.

In Islam man is the maintainer oí the íamilv and as such holds greater
power and responsibilitv. though women take a prominent part in it. In
íact. one oí the most striking íeatures in Muslim culture is the position
assigned to woman in social liíe.

Position Of Women In Islam
mong the pre-Muslim Arabs. the custom oí polvandrv was
pre·alent. A woman could break oíí her relations with her
husband. simplv bv turning the side oí her tent. She was íree. too. to
choose her husband either directlv or through her parents. and dismiss
him at her pleasure. A woman could possess se·eral husbands. and
children were born to an unknown íather. and not knowing the íather
thev had to li·e with the mother. 1hus. kinship was recognized írom the
mother`s side and the aííection oí children was built up more among the
relati·e oí the mother than oí the íather. 1he eldest member oí the
íamilv was recognized as the head. and se·eral brothers had one wiíe in
common between them. and the man who was with her at anv time. used
to íix his stick on the door oí the tent. which was a sign íor others not to
enter it

\omen among the pre-Islamic Arabic were included in the propertv
inherited. and on the íather`s death. a son could marrv his step-mother.
Mothers-in-law were also taken as wi·es. Islam. howe·er. deíinitelv
abolished all these relations. and made the íather`s side stronger to
saíeguard the chastitv oí women. to pre·ent polvandrv and to make man
responsible íor the support oí his wiíe and children. 1hus. while Arab
women lost certain indecent pri·ileges and íreedom. thev gained securitv
in li·elihood. and a higher social position.
Islam also abolished the e·il custom oí íemale iníanticide. which was
common among the pre-Islamic Arabs. where a íather used to consider
it his sacred dutv to take his daughter oí tender age and burv her ali·e.
Islam contributed towards the impro·ement oí the position oí
women in ·arious wavs:

1. Retaining certain oí the more ancient healthv customs. such as
respect and good treatment oí a íoster mother.
A
105
2. Making woman the mistress oí her own propertv. in which the
husband had no right to interíere except with her permission.
3. Gi·ing her the right oí claiming di·orce on the íollowing grounds:
impotence oí the husband: leprosv or insanitv on his part: iníerior
social status: non-pavment oí the dowrv: and con·ersion to anv
religion other than Islam. Di·orce is allowed to woman in certain
other cases. 1hus. ií the wiíe is suspected and accused bv her
husband oí adulterv. and he cannot pro·e her guilt and swear that
she is guiltv. and she swears she is not guiltv. she becomes íree
írom her husband. Ií she accepts marriage on certain conditions.
which cannot be íulíilled bv her husband. she secures íreedom oí
action
1,
. Ií. again. she is not paid íor vataqa. maintenance,. or ií
she is highlv maltreated or ií she can establish suííicient reason
whv she should be allowed to ha·e recourse to di·orce
proceedings. she becomes íree.
4. She needs not take part in íighting lines in case oí war. though she
mav help the íighting men and nurse or encourage them against
the enemv.
5. She is íree to re-marrv aíter di·orce.
6. She is encouraged to studv and acquire learning.
¯. 1hen. again. ií the husband remains absent írom home in an
unknown place íor a ·erv long time and does not pav íor her
maintenance. the wiíe mav procure a decree oí di·orce írom the
judge. etc.

Di·orce was ·erv common among the pre-Islamic Arabs and. though
a lawíul act. it was condemned bv the Prophet who said:
)be tbivg vo.t ai.ti/ea by Coa tot tartvt act.) i. airorce.
le has also praised a good wiíe bv saving :
)be rorta ava it. ptea.vre are ratvabte bvt vore ratvabte tbav att
ptea.vre i. rirtvov. rite.
1he Prophet also said: )be be.t ot yov iv tbe cov.iaeratiov ot tbe
.tvigbty Coa i. tbe vav rbo treat. bi. rite be.t.

Chapter XVI - Muslim Ethics And
Moralities
oslem ethics and moralities as stated in the Koran embrace the
consideration oí all those moral excellences known to anv
ad·anced ci·ilization. such as sinceritv. honestlv. humilitv. justice.
patience. straightíorwardness. keeping a promise. chastitv. meekness.

(
1
) “Vide” Chapter on Marriage where it is stated that “marriage in Islam is but a
‘civil’ contract.”
M
106
politeness. íorgi·eness. goodness. courage. ·eracitv. svmpathv. and other
ethical instructions and rules oí conduct. which are recommended.
praised and enjoined upon Muslims in the lolv Koran and in the
teachings oí the Prophet.

But the Koran does not simplv enumerate such moral qualities and
distinctions as God is pleased to enjoin upon his ser·ants: nav it íurther
gi·es us ethical teachings as to how man can get to acquire these moral
excellences and shows the straight wav leading to their achie·ements. It
teaches that there are three springs. out oí which the phvsical. moral and
spiritual conditions ílow. Now. what is the eííect oí the teachings oí the
lolv Koran upon the phvsical state oí man. how does it guide us with
respect to it and what practical limits does it set to the natural
inclination· It mav be remarked at the outset that according to the
Muslim Scripture. the phvsical conditions oí man are closelv connected
with his moral and spiritual states. so much so that e·en his modes oí
eating and drinking plav a part in the moulding oí his moral and spiritual
qualities. Ií. thereíore. his natural desires are subjected to the directions
oí the law. thev take the íorm oí moral qualities and deeplv aííect the
spiritual state oí the soul. It is íor this reason that in all íorms oí
de·otion and praver and in all the injunctions relating to internal puritv
and moral rectitude. the greatest stress has been laid upon external puritv
and cleanliness and the proper attitude oí the bodv. 1he relation between
the phvsical and spiritual nature oí man would become e·ident on
careíul consideration oí the actions oí the outward organs and the eííect
thev produce upon the internal nature oí man. \eeping e·en when
artiíicial at once saddens the heart. while an artiíicial laugh makes it
cheeríul. Likewise. a prostration oí the bodv. as is done in praver. causes
the soul to humble itselí and adore the (reator: whereas strutting
produces ·anitv and ·ain glorv. Lxperience also shows the strong eííect
oí íood upon the heart and brain powers. lor instance. the ·egetarians
ultimatelv mav lose courage. 1here is not the least doubt that íood plavs
an important part in the íormation oí the character. lurthermore. as
there is a deíect in excluding meat írom the diet altogether. excess oí
meat is also injurious to character and badlv aííects the admirable
qualities oí humilitv and meekness. But those who adopt the middle path
are heirs to both the noble qualities oí courage and meekness. It is with
this great law in ·iew that the lolv Koran gi·es the instructions:

íat tveat a. rett a. otber tooa) ava ariv/ bvt ao vot gire ray to e·ce..
tiv avy particvtar torv ot aiet .o tbat yovr cbaracter ava beattb vay vot .vtter
trov it) tVII - 29,.

107
In íact. there is a mvsterious relation between the bodv and the soul
oí man. and the solution oí the mvsterv is rather bevond human
comprehension.

Directions Relating to
Reformation of Man’s External Life
he directions relating to the reíormation oí the external liíe oí man
and his gradual ad·ancement írom sa·ageness to ci·ilization until
he reaches the highest pinnacles oí spiritual liíe are based on the
íollowing method: 1he Almightv God has been pleased to lead man out
oí darkness and raise him up írom a sa·age state bv teaching him the
rules relating to his ordinarv dailv actions and modes oí social liíe. 1hus
thev begin at the lowest point oí man`s de·elopment. íirst oí all. drawing
a line oí distinction between man and the lower animals. teaching him as
well the íirst rules oí moralitv which mav pass under the name oí
socialitv. Next thev undertake to impro·e upon the low degree oí
moralitv alreadv acquired bv bringing his habits to moderation. thus
turning them to sublime morals.

1hereíore. in the íirst stage we are concerned with more ignorant
sa·ages. whom it is our dutv to raise to the status oí ci·ilized men bv
teaching them the social laws embracing their dailv mutual relations.

1he íirst step towards ci·ilization. thereíore. consists in teaching the
sa·age not to walk about naked. or de·our carcasses. or indulge in
barbarous habits. 1his is the lowest grade in the reíormation oí man. In
humanizing people upon whom no ravs oí the light oí ci·ilization ha·e
vet íallen. it is necessarv. íirst oí all to take them through this stage and
make them accustomed to morals oí the lowest tvpe. \hen the sa·age
has learned the crude manners oí societv. he is prepared íor the second
stage oí reíormation. le is then taught the high and excellent moral
qualities pertaining to humanitv as well as the proper use oí his own
íaculties and oí whate·er lies hidden beneath them. 1hose who ha·e
acquired excellent morals are now prepared íor the third stage. Aíter
attaining the outward períection. thev are made to taste oí the real
knowledge and lo·e oí God. 1hese are the three stages which the lolv
Koran has described as necessarv íor anvone who has embraced Islam.

Our Prophet was raised at a time when the whole world had sunk to
the lowest depth oí ignorance. Utter darkness and barbarism at that
time pre·ailed o·er the whole oí Arabia. No social laws were obser·ed.
and the most despicable deeds were openlv committed. An unlimited
number oí wi·es was taken. and all prohibited things were made lawíul.
1
108
Rapine and incest reigned supreme and mothers were not inírequentlv
taken íor wi·es. It was to prohibit this horrible custom that the world oí
the Koran were re·ealed:
.´.·' .´,· .·-
i.e. Yovr votber. are probibitea to be ta/ev a. yovr rire..

Like beasts. most bedouin Arabs did not e·en hesitate to eat oí
carcasses and to practise cannibalism. 1here was no ·ice which was not
íreelv practised bv them. 1he great majoritv oí them did not belie·e in a
íuture liíe. and not a íew were atheists. Iníanticide pre·ailed throughout
the whole peninsula. and thev mercilesslv butchered orphans to rob them
oí their properties. 1heir thirst íor wine was excessi·e and íornication
was committed unscrupulouslv. Such was the dark picture oí the time
and the land in which the Prophet oí Arabia appeared. and it was to
reclaim this wild and ignorant people that the word oí God came upon
him. It is íor this reason that the lolv Koran claims to be a períect
guidance to mankind as to it alone was gi·en the opportunitv to work
out a reíormation complete on all sides. the other Scriptures ha·ing
ne·er been gi·en such an opportunitv. 1he Koran had a grand aim
beíore it. It had íirst to reclaim mankind írom sa·agerv and to make
good men oí them. then to teach them excellent morals and make them
good. and last oí all to take them to the highest pinnacles oí
ad·ancement and make them godlv. 1he lolv Koran gi·es excellent and
distinct teachings on these three points.

It is to be obser·ed that the íirst stage oí a moral being. i.e. one whose
actions can be classed as good or bad morallv. is that in which he is
capable oí distinguishing between good and bad actions or between two
good or two bad actions oí diííerent degrees. 1his takes place when the
reasoning íacultv is suííicientlv well de·eloped to íorm general ideas and
percei·e the remoter consequences oí actions. It is then that man regrets
the omission oí a good deed and íeels repentance or remorse aíter doing
a bad one. 1his is the second stage oí man`s liíe which the lolv Koran
terms vat.ittarrava. i.e. the selí-blaming soul or conscience,. But it
should be borne in mind that íor the primiti·e minded man or the
sa·age to attain this stage oí the selí-blaming soul. mere admonition is
hardlv suííicient. le must ha·e so much knowledge oí God that he mav
not look upon his own creation oí God as an insigniíicant or
meaningless thing. 1his soul-ennobling sense oí God can greatlv help to
lead to actions trulv moral. And it is íor this reason that the lolv Koran
inculcates a true knowledge oí God along with the admonitions and
warnings. and assures man that e·erv good or bad action is watched and
seen bv God and that accordinglv it bears íruit which causes spiritual
109
bliss or torture in this liíe. while a clear and more palpable reward or
punishment awaits him in the next. In short. when man reaches this
stage oí ad·ancement. which we ha·e called the selí-blaming soul. his
reason. knowledge. and conscience reach the stage oí de·elopment. in
which a íeeling oí remorse o·ertakes him in doing unrighteous deeds
and he is ·erv anxious to períorm good ones. 1his is the stage in which
the actions oí man can be said to be moral.

1hus in the earlier stage in man`s ci·ilization. the Koran teaches this
particular portion oí morals which we term manners.` Koranic Laws
are laid down to guide the actions oí dailv liíe: and all that is necessarv to
make the primiti·e-minded a social being is inculcated. Lxamples oí the
injunctions oí the lolv Book on this point are as íollows:

Yovr votber. are torbiaaev to yov ta. rire.) ava .o are yovr aavgbter.
ava .i.ter. ava yovr avvt.. botb ov tbe tatber`. .iae ava tbe votber`. .iae: ava
yovr viece. ov tbe brotber`. ava .i.ter`. .iae. ava yovr to.ter·votber.. ava yovr
to.ter·.i.ter. ava tbe votber. ot yovr .tep·aavgbter. rbo are yovr rara.. borv
ot yovr rire. to rbov yov bare gove iv tbvt it yov bare vot gove ivto tbev it
.batt be vo .iv): ava tbe rire. ot yovr .ov. rbo proceea ovt ot yovr toiv.: ava it
i. at.o torbiaaev tbat yov .bovta bare tro .i.ter. togetber ta. tro rire. at ove
ava tbe .ave tive) : tbi. tbat yov aia betore tiv tbe tive ot igvoravce) i. vor
torbiaaev to yov ava torgirev by tbe .tt íorgirivg ava .tt Mercitvt Coa.

.va varry vot rovev rbov yovr tatber. bare varriea. bvt rbat i.
pa..ea .batt be torgirev ttor yov aia it iv igvoravce).

)bi. aay tatt) tbe gooa tbivg. are attorea to yov. ava tbe tooa ot tbo.e rbo
bare beev girev tbe ´criptvre. t¡er ava Cbri.tiav.) i. tartvt tor yov ava yovr
tooa i. tartvt tor tbev: ava tbe cba.te trov avovg tbe betierivg rovev ava tbe
cba.te trov avovg tbo.e rbo bare beev girev tbe ´criptvre. betore yov tare
tartvt tor yov). rbev yov bare girev tbev tbeir aorrie.. ta/ivg tbev iv
varriage. vot torvicativg vor ta/ivg tbev tor paravovr. iv .ecret ..
t])


Do vot covvit .viciae.

Do vot /itt yovr cbitarev.

(
1
) There was a custom among some ignorant bedouins that if children were not born
to a man, his wife would secretly go into another man for getting children. It is for
the extirpation of this savage custom that the last clause of the above teaching is
expressed.
110

ívter vot ivto bov.e. otber tbav yovr orv tti/e .arage) ritbovt
pervi..iov. bvt rait vvtit yov bare a./ea teare: ava rbev yov evter. .atvte tbe
ivvate.: ava it tbe bov.e i. evpty ao vot evter titt tbe orver ot tbe bov.e gire.
yov teare: ava it tbe orver a./. yov to go bac/. retvrv tortbritb: tbat i. vore
aecevt tor yov.

ívter bov.e. by tbeir aoor. tvot by ctavberivg tbeir ratt.).

!bev yov are .atvtea ritb a .atvtatiov. iv.t .atvte tbe per.ov ritb a
better .atvtatiov or at tea.t retvrv tbe .ave.

!ive. tivctvaivg att ivto·icavt.) ava gave. ot cbavce ava iaot. ava
airivivg arror. are bvt av abovivatiov ot ´atav`. vi.cbiet. aroia tbev.
tberetore. tbat yov vay pro.per.

Yov are torbiaaev to eat tbat rbicb aie. ot it.ett . ava btooa. ava tte.b ot
.rive.

.va tbey ttbe ver covrert.) a./ rbat i. tartvt tor tbev to eat. .ay :
tererytbivg gooa ava cteav i. attorea to yov tovty tbe aeaa ava tbe vvcteav
tbivg. rbicb re.evbte tbe aeaa are torbiaaev).

!bev yov are tota to va/e roov iv yovr a..evbtie. tor otber.. tbev va/e
roov ttbat otber. vay .it).

íat ava ariv/. bvt be voaerate iv yovr aiet ava ao vot e·ceea tbe proper
tivit..

Do vot ivavtge iv iate tat/ bvt .pea/ rigbtty rbev occa.iov reqvire. it.
.va tet yovr ctotbe. be cteav ava tet ererytbivg tbat betovg. to yov tyovr
boay. yovr arettivg. etc.) be vot airty.

ßear ritve.. ritb iv.tice ava tet vot batrea ot .ove peopte ivavce yov to
act ivacqvitabty.

.ct acqvitabty ava be iv.t. Coa i. arare ot att tbat yov ao.
!bev .pea/ivg ao vot .bovt. ava rbev rat/ivg rat/ gevtty.

Chapter XVII - The Moral Conditions
111
a·ing brieílv indicated the directions gi·en bv the lolv Koran in
the íirst stage oí reíormation. we now come to the second. Aíter it
has gi·en to the sa·age and the primiti·e such rules as are necessarv íor
his guidance. it undertakes to teach him high morals. \e shall. thereíore.
mention. as a specimen. onlv a íew oí the moral qualities upon which
the lolv Koran has laid stress. All moral qualities íall under two heads:

1, 1hose which enable man to abstain írom inílicting injurv upon
his íellow-men. and
2, 1hose which enable him to do good to others:
a, to the íirst class belong the rules oí conduct which direct the
intentions and actions oí man so that he mav not injure the
liíe. propertv. or honour oí his íellow-beings bv means oí his
tongue or hand or eve. or anv other member oí his bodv.
b, 1he second class comprises all rules calculated to guide the
intentions and actions oí man in doing good to others bv
means oí the íaculties which God has granted him or in
declaring the glorv or honour oí others or in íorbearing
írom punishing an oííender. or in punishing him in such a
manner that the punishment turns to be a blessing íor him.

Chastity
1he moral qualities which íall under the heading oí abstaining írom
doing wrong or injuries are chieílv íour in number. Lach oí these is
designed bv a single word in Arabic. the language oí the lolv Koran.
which is so rich in ·ocabularv that it supplies a diííerent word íor
diííerent human conceptions. manners and morals. lirst oí all we shall
consider the qualitv oí ib.av in Arabic,. 1his word signiíies the ·irtue
which relates to the act oí procreation in men and woman. A man or a
woman is said to be ¸.- ·.- vvb.ava when he or she abstains
írom illegal intercourse and its preliminaries which bring disgrace and
ruin upon the head oí the sinners in the world and se·ere torture in the
next. None is more wicked than the iníamous ·illain who causes the loss
oí a wiíe to a husband and that oí a mother to her children. and thus
·iolentlv disturbs the peace oí the whole household bringing ruin upon
the head oí both the guiltv wiíe and the innocent husband and children.

1he íirst thing to remember about this moral qualitv which we call
chastitv is that no one deser·es credit írom reíraining írom satisíving his
carnal desires illegallv ií nature has not gi·en him these desires. 1he
expression moral qualitv.` thereíore. cannot be applied to the mere act
oí reíraining írom such a course unless nature has also granted him the
l
112
capacitv oí committing the bad deed. It is reíraining under such
circumstances. i.e. against the power oí passions which nature has placed
in man. that deser·es to be credited as a high moral qualitv. Nonage.
impotence. emasculation or old age nulliíies the existence oí the moral
qualitv we tern chastitv. although reíraining írom the illegal act exists in
these cases. But the íact is that in such cases it is a natural condition. and
there is no resistance oí passion. and. thereíore. no proprietv in the act.
1his is a distinction oí importance between natural conditions and moral
qualities. In the íormer there exists no tendencv to go to the opposite
direction. while in the latter there is a struggle between the good and e·il
passion. which necessitates the application oí the reasoning íacultv as
well as the restrictions oí the law together with a true sense oí íeeling
that the Almightv God is aware oí all human deeds. 1here is no doubt
that children under the age oí pubertv and men who ha·e lost the power
upon which restrictions are to be imposed. cannot claim to possess a
moral qualitv oí so great a ·alue. though their actions might resemble
those oí chaste men and woman. But their chastitv. ií it might at all be
called chastitv. is onlv a natural condition o·er which thev ha·e no
control.

lor this reason the Prophet announced that íe i. vot tbe trve
covrageov. rbo orercove. bi. evevie.. bvt tbe vo.t trve i. be rbo orercove.
ava covtrot. bi. torer pa..iov. Again the tendencv oí the Muslim precepts
is that no man should deser·e God`s reward íor acting in accordance
with the ordinances oí religion unless he was naturallv capable oí
disobeving them.

1he directions contained in the lolv Koran íor attainment oí the
noble qualitv oí chastitv are gi·en in the íollowing ordinances:
../ tO Propbet) tbe betierivg vev to torer tbeir ga.e tto .travge rovev)
ava be voae.t. )bat i. pvrer tor tbev. tíet tbev /vor) tbat Coa i. arare ot
att tbat tbey ao.
.va tett tbe betierivg rovev to torer tbeir ga.e ava be voae.t. ava to
ai.ptay ot tbeir aaorvvevt ovty tbat rbicb i. apparevt. ava to arar tbeir reit.
orer tbeir bo.ov.. ava vot to rereat tbeir aaorvvevt .are to tbeir orv bv.bava.
ava bv.bava.` tatber.. or tbeir .ov. or tbeir bv.bava.` .ov.. or tbeir brotber. or
tbeir brotber.` .ov. or .i.ter.` .ov.. or tbeir rovev or tbeir .tare. or vate
attevaavt. rbo tac/ rigovr. or cbitarev rbo /vor vavgbt ot rovav`.
va/eave... .va tet tbev vot .tavp tbeir teet a. to rereat rbat tbey biae ot
tbeir aaorvvevt. )ett tbe betierivg vev ava rovev to ob.erre tbe.e oraivavce.
.o tbat tbey vigbt teaa a .vcce..tvt tite.

113
1he lolv Koran also instructs Muslims ^ot to arar vear vvto
torvicatiov. bvt tbat tbey .bovta /eep atoot trov occa.iov. rbicb gire ri.e to
.vcb ivivriov. iaea.. ava /eep aray trov patb. rbicb vigbt teaa to
covvi..iov ot .iv. tor be rbo covvit. torvicatiov aoe. av e·trevety ric/ea
aeea. ava it i. av erit ray ttor it /eep. bac/ trov attaivivg tbe ae.irea
pertectiov).

In another ·erse . the lolv Koran directs those who cannot íind a
match to emplov other means to preser·e their continence such as
íasting or taking light íood or trv to applv themsel·es to remembrance oí
the íear oí God`s punishment to the e·il-doers. lurthermore. the Koran
states that some people oí the (hristians, ha·e de·ised methods oí their
own íor restraining themsel·es írom sexual relations as bv adopting
celibacv or monasticism and thus depreciating marriage,. or bv
submitting themsel·es to castration. but all these methods ha·e been
in·ented bv the people themsel·es and not decreed bv God. and the
results was that thev could not obser·e these inno·ations as thev ought
to.

lere the Almightv God declares that le did not prescribe the
method oí castration. etc.. íor had these been among the
commandments oí the Almightv. the people would ha·e to obser·e
these rules and then the human race would long since ha·e disappeared
írom the íace oí the earth. In addition to the immoralitv attaching to
such e·il practice. it is an objection against the (reator íor ha·ing put
such a power in man. Moreo·er. it can be easilv seen that there is no
merit in ha·ing been unable to do am act. and credit is due to him onlv
who has to resist the e·il tendencv and to o·ercome the e·il passions
írom íear oí God. 1he person who has the energv in him to do so
deser·es a twoíold credit. ri.. lor the application oí the energv in the
proper place and íor reíraining írom applving it where there is no proper
occasion íor it. But the man who has lost it is not entitled to anv oí
these. le is like a child and deser·es no credit íor reíraining írom what
he has lost the power to do. 1here is no resistance. no o·ercoming and
consequentlv no merit or glorv.

1he íoregoing Koranic ·erses not onlv contain excellent teachings íor
the attainment oí charitv. but point out certain remedies íor obser·ing
continence: Restraining írom casting unrestrained looks upon strangers
and reíraining the ears írom listening to lo·e stories oí stranger men and
women exciting lust: a·oiding e·erv occasion where there mav be íear oí
being in·ol·ed in the wicked deed and. last oí all. resorting to íasting or
114
light íood and constant remembrance oí the íear oí God`s punishment
upon e·il-doers and wicked transgressors.

lere we can coníidentlv assert that teachings upon chastitv. together
with the remedies íor continence. as contained in the lolv Koran. are a
peculiaritv oí Islam. One point deser·es special attention. 1he natural
propensitv oí man. in which carnal appetite takes its root and o·er which
man cannot ha·e íull control except bv undergoing a thorough
transíormation. is that whene·er there is occasion íor it. it takes its
object into serious and lamentable consequences. 1he di·ine in junction
in this respect is. thereíore. that it is unlawíul íor a Muslim to cast
unnecessarv íree glances. whether with pure or impure looks. upon
strange women. \e must a·oid e·erv circumstance which mav make us
stumble at anv time. Unrestrained looks are almost sure to lead to
danger.

1he word oí God. thereíore. restrains the lasci·ious desires oí man
and woman to a·oid the ·erv occasion where there is danger oí the
excitement oí the passions.

1his is the secret underlving the institution oí the seclusion oí women
in Islam. It is sheer ignorance oí the noble principles oí that religion to
take seclusion in the sense oí shutting up women like prisoners in a goal.
1he object oí seclusion is that both men and women should be
restrained írom intermingling íreelv and that members oí the íair sex
should not displav their decoration and beautv íreelv to strangers.

It should íurther be borne in mind that to re.traiv tbe too/.. in the
Koranic ·erse. means. in the Arabic language oí the lolv Book. the
casting down oí one`s eves when the object oí sight is not one which it is
proper íor a person to look at íreelv and not the reíraining altogether oí
one`s looks on the proper occasions. 1he casting down oí eves on
proper occasions in the íirst requirement oí pure social liíe. 1his habit.
without causing anv serious disad·antages to man in his social relations.
has the in·aluable ad·antage oí making him períect in one oí the highest
morals. which we call chastitv.

Honesty
\e come next to the second moral qualitv oí reíraining írom injurv
which is called in Arabic ··' i.e. honestv. 1his qualitv consists in not
causing injurv to others bv cheating them or taking unlawíul possession
oí their own properties. lonestv is naturallv met with in man. An iníant.
115
íree as it is írom e·erv bad habit. is a·erse to sucking the milk oí a
woman other than his mother. ií it has not been entrusted to her when
quite unconscious. 1his habit in the iníant is rather the root írom which
grows the natural inclination to be honest. and which is later de·eloped
into the moral qualitv known to ad·anced ci·ilization as honestv.` 1he
true principle oí honestv is that there should be the same a·ersion to the
dishonest taking oí another`s propertv. In the child. howe·er. this is not
a moral qualitv but onlv a natural condition. in as much as it is not
regulated bv anv principle or displaved on the proper occasion. 1he child
has no choice in the matter. Unless there is a choice. the action oí a
moral being cannot be included under the categorv oí moral conditions.
1he person who shows the inclination in obedience to the requirements
oí his nature. without considering the proprietv oí the occasion. cannot.
in the strict sense oí the word. be called an honest man. 1he person who
does not distinctlv obser·e the conditions which raise this natural
inclination to the status oí a moral qualitv cannot lav claim to it. although
his action mav. to outward appearances. resemble the action oí a moral
being which is done with all the requisites. at aíter a due consideration oí
its ad·isabilitv. \e cite illustration interpretation oí a íew ·erses írom the
lolv Koran bearing upon the subject.

.va it tbere are avovg yov avy orver. ot property rbo are rea/ ot
vvaer.tavaivg. beivg vivor. or orpbav.. ava bare vot .vtticievt prvaevce tor
tbe vavagevevt ot tbeir attair.. yov ti.e. tbe Mv.tiv.) .bovta a..vve tvtt
covtrot orer tbeir property a. a Covrt ot !ara.. ava ao vot va/e orer to tbev
tbat rbicb Coa ba. ptacea ritb yov a. a veav. ot .vpport ava a. ptacea ritb
yov a. a veav. ot .vpport ava a. a .toc/ ot traae. bvt a..igv tbev a portiov ot
it .vcb a. i. vece..ary tor tbeir vaivtevavce ava ctotbivg. ava .pea/ to tbev
rora. ot /ivave.. .vcb a. vay .barpev tbeir ivtettect. ava vatvre tbeir
vvaer.tavaivg. ava traiv tbev tor tbe bv.ive.. rbicb i. vo.t .vitea tor tbeir
capacitie.. girivg tbev tbat tvtt iv.trvctiov iv tbe.e re.pect.. .va te.t tbe
orpbav. iv rbaterer yov iv.trvct tbev .o tbe yov vay be abte to .ee it tbey bare
vaae ava progre... .va rbev tbey attaiv tbe age ot vatvrity ttor rbicb tbe
proper tivit i. eigbteev)
t])
ava yov perceire tbat tbey are abte to vavage tbeir
attair. rett. retea.e tbeir property to tbev. .va ao vot ra.te it protv.ety. vor
cov.vve ba.tity vvaer tbe tear tbat tbey ritt .bortty be ot age to receire rbat
betovg. to tbev. ít tbe gvaraiav i. rett ott. be .bovta ab.taiv evtirety trov
ta/ivg revvveratiov trov tbe orpbav`. e.tate. bvt it be i. poor be vay ta/e a
rea.ovabte revvveratiov. !bev yov va/e orer tbeir property to tbev. ao it iv

1
( ) According to Dr. “Imam” Abu Hanifa School of Jurisprudence, if at that age
maturity of mind is not attained, the limit may be extended.
116
tbe pre.evce ot ritve..e.: ava /vor rett tbat Coa ta/e. .vtticievt accovvt ot att
yovr actiov..

íet tbo.e rbo are gvaraiav. orer orpbav. property bare tbe .ave tear iv tbeir
viva. a. it tbey bare trbev aiea) tett a rea/ty ott.privg bebiva tbev. íet tbev. tbev
tear Coa ava .pea/ rora. ot appropriate covtort tIV - 5. 6. 9,.

1his which the Almightv God has preached is true honestv and
íaithíulness. and its ·arious requisites are clearlv set íorth in the ·erses
quoted abo·e.

Llsewhere the lolv Koran teaches us:
^ot to cov.vve eacb otber`. reattb vviv.tty. vor otter it to ivage. a. a
bribe. .o tbat ritb tbeir aia ye vigbt .ei.e otber vev`. property ai.bove.tty.
II - 188,.

And again we are instructed thus: Coa evioiv. vpov yov to gire bac/
taitbtvtty avy trv.t to it. orver. Coa bate. tbe vvtaitbtvt IV,.

In another instance the lolv Koran gi·es the íollowing instructions:
Cire iv.t vea.vre ava be vot ot tbo.e rbo aivivi.b. .va reigb ttbivg.)
ritb av e·act ava rigbt batavce. .va aetrava vot tbe .vb.tavce ot avy peopte.
ava ao vot act corrvptty iv tbe eartb. va/ivg vi.cbiet. .va gvara yovr.etre.
agaiv.t tbe pvvi.bvevt ot Coa tor att .ort. ot corrvptiov. XXVI - 180 -
183,.
.va gire to tbe orpbav. tbeir property. ava ao vot .vb.titvte rortbte..
tbivg. tor ttbeir) gooa ove. ava ao vot aerovr tbeir property ta. av aaaitiov) to
yovr property: tbi. i. .vrety a great crive. IV - 2,.

1hese are comprehensi·e injunctions against all sorts oí dishonest
dealings. and e·erv breach oí trust comes within them. Separate oííences
are not enumerated in this chapter íor a comprehensi·e list oí them
should ha·e required much space: and e·en that it would ha·e been ·erv
hard to set a limit to them. But it was the message oí the Prophet oí
Islam to explain in íull detail anv and all ordinances reíerred to in the
Koran: and Muslims are instructed bv the Koran to obev the rules and
abide bv the explanations and instructions laid down bv God`s Prophet
whose savings are to be treated bv all belie·ers as ií thev were God`s
limselí. 1he lolv Koran savs: íe rbo ba. obeyea tbe Propbet ba. iv tact
obeyea Coa. And again the Koran teaches that the Prophet is charged
with explaining and pointing out anv precepts re·ealed to him.

117
\e hope to publish later a separate ·olume. containing the ·arious
rules oí conduct touching on all aspects oí liíe and social aííairs and
democratic dealings. which the Prophet has laid down íor the instruction
oí his íollowers.

Peacefulness
Let us now turn to the third class oí morals íalling within the íirst
di·ision. namelv the reíraining írom causing injurv to others. 1his moral
qualitv is that known as peaceíulness. It consists in reíraining írom
causing harm or injurv oí anv sort to another person and thus li·ing a
peaceíul liíe upon earth. Peaceíulness is. no doubt. a blessing íor
humanitv and must be ·alued íor the great good which proceeds írom it.
1he natural inclination. out oí which this moral qualitv de·elops. is
witnessed in the voung oí a human being in the íorm oí attachment. A
natural inclination towards submission and attachment so earlv witnessed
in the voung human is onlv the germ. out oí which ílows the high moral
qualitv oí peaceíulness. It is plain that di·ested oí reason man cannot
realize peaceíulness or hostilitv. It cannot be called a moral qualitv that
which is not consciouslv resorted to upon a recommendation oí reason.

1he directions oí the lolv Koran mav be brieílv noticed:
íire peacetvtty ritb ove avotber.
ít tbey ttbe otber party) ivctive to peace. ao yov at.o ivctive to it.
)bere i. vvcb gooa iv covivg to agreeabte recovcitiatiov. i.e. to tire
peacetvtty.
.va tbe .erravt. ot tbe Covpa..iovate tCoa) are tbo.e rbo rat/
peacetvtty vpov eartb.

.va rbev tbey bear trirotov. ai.covr.e rbicb tbey tear vigbt teaa to .ove
qvarret. tbey ao vot ti.tev to it. bvt pa.. ov ritb aigvity. ava ao vot pic/ vp
qvarret. ov trittivg vatter.. i.e. thev do not take a hostile attitude so long
as no material injurv is caused to them. 1he guiding principle oí
peaceíulness is that one should not be oííended at the slightest
opposition to one`s íeelings. 1he word íri·olous in the abo·e teaching
requires some explanation. A word or deed is to be íri·olous when it
causes no substantial loss material injurv to its object. although it be said
or done with a mischie·ous or bad intention. But ií the injurv is not
tri·ial and causes material loss oí liíe. propertv or honour. the Islamic
moral qualitv required to meet this emergencv is not peaceíulness or
meekness but íorgi·eness. which shall be treated later.

118
1he Koran also teaches us to: Repet tbe erit aeea rbicb i. raiv or
trirotov. ritb .vcb a better av.rer. a. to va/e tbe per.ov betreev rbov ava
ovr.etre. tbere ra. evvity or ai.cora to becove a. tbovgb be ra. a bo.ov
trieva XLI - 34,.
In íine. the o·erlooking oí tri·ial injuries is inculcated in the moral
qualitv oí peaceíulness.

Politeness
1he íourth and last class oí the negati·e morals is politeness or
gentlemanliness. 1he preliminarv stage oí this qualitv as witnessed in the
child. is cheeríulness. Beíore the child learns to speak. the cheeríulness
oí its íace ser·es the same purpose as kind words in a grown-up man.
but the proprietv oí the occasion is an essential condition in classing
politeness as a high moral qualitv.` 1he teachings oí the Koran on this
point are as íollows:

´pea/ gevtty ava potitety ritb ove avotber.

íet vot a tot/ aeriae avotber tot/. rbo vay be better tbav tbey. veitber tet
rovev aeriae otber rovev rbo vay be better tbav tbey: veitber aetave ove
avotber. vor iv.vtt ove avotber vot erev by cattivg biv or ber by vic/vave
XLIX - 2,.

.roia .vcb .v.piciov. tor .ove .v.piciov. are .vrety .ivtvt. veitber
bac/bite ove avotber. !ovta avy ove ot yov tore to eat tbe tte.b ot bi. brotber.
certaivty vot. ye abbor tbat : .o abbor tbe otber XLIX - 12,.

)bey are vo.t bovovrea by Coa rbo are tbe be.t iv covavct. i.e. tbo.e
rbo are vo.t avtitvt to Coa ava are tratervatty potite ritb ove avotber
XLIX - 13,.

In these íine ·erses. the Almightv God enjoins upon the belie·ers to
lead a polite liíe. to deíame not one another. to a·oid entertaining
írequent suspicions. not to traduce anv person in his absence and to
embrace the best conduct in our social liíe.

^ot to accv.e avy per.ov ot covvittivg .ivtvt aeea. or crive. ritbovt
barivg .vre proot ot bi. or ber gvitt XVII - 36,. and to rat/ vot iv tbe
eartb e·vttavtty or arrogavtty XVII - 3¯,.

Forgiveness
119
\e now turn to the second heading oí morals which relate to doing
good to others as taught bv the lolv Koran. 1he íirst oí these morals is
íorgi·eness. 1he person to whom a real injurv has been caused has the
right to redress bv bringing the oííender to law íor punishment or
himselí dealing out some punishment to him. and. thereíore. when he
íoregoes his right ií redressing and íorgi·es the oííender he does him a
real good. 1he lolv Koran contains the íollowing injunction upon this
point:

Prai.ea are tbey rbo re.traiv tbeir avger ava paraov tbe tavtt. ot otber.:
ava Coa tore tbo.e rbo ao gooa to otber. III - 134,.

Coa tore. tbo.e rbo .bvv trav.gre..iov ava ivaecevcie.. ava rbeverer tbey
get avger tbey torgire tbiv rbo cav.ea tbeir avger) XLII - 3¯,.

1he lolv Koran also teaches that: )be recovpev.e ot av erit aeea i.
pvvi.bvevt proportiovate to it. bvt rboerer torgire. ttbe ivivry cav.ea to biv
tbereby) ava aveva.. be .batt bare bi. rerara trov .ttab tCoa) : ´vrety
Coa aoe. vot tore tbe rrovgaoer XLII - 40,.

lere is a golden Islamic rule íor íorgi·eness oí e·il. 1he rule laid
down is that e·il must be requited bv punishment proportionate to the
amount oí wrong committed. 1his is a ·erv just and necessarv
restriction. But the ·erse íurnishes a guiding rule as to the occasions oí
íorgi·eness. 1here is in Islam neither the one extreme oí tooth` íor
tooth` nor the opposite one oí turning the leít cheek when the right is
smitten` or gi·ing awav the cloak to one who has alreadv taken the coat
oí his brother.` lorgi·eness in Islam is highlv commended. but it is
preached in such a manner as to make it not impracticable: it is the
beautiíul means that íorgi·eness mav be exercised ií it will mend the
matter and do good to the wrong doer himselí. 1he object is to amend`
whether it mav be attained bv gi·ing proportional punishment or bv
exercising íorgi·eness. 1he course which is calculated to mend the
matter should be adopted. 1he oííender would under certain
circumstances beneíit bv the íorgi·eness and mend his wavs íor the
íuture. But on other occasions. íorgi·eness mav produce the contrarv
eííect and mav embolden the culprit to do worse deeds. 1he word oí
God does not. thereíore. enjoin that we should go on íorgi·ing íaults
quite blindlv. It requires us to consider and weigh the matter íirst and see
what course is likelv to lead to real good. As there are persons oí
·indicti·e nature that carrv the spirit oí re·enge to excess. there are other
who are readv to vield and are too prone to íorgi·e on e·erv occasion.
Lxcess in mildness. like excess in ·engeance. leads to harmíul
120
consequences. 1he mere gi·ing up oí a claim to requital írom an
oííender. whate·er the circumstances and howe·er serious the nature oí
the oííence done bv an attack upon the honour or chastitv. is íar írom
being a great moral qualitv to which men should aspire. 1he mere
presence oí this qualitv in person. thereíore. does not entitle him to real
credit unless he shows bv its use on the right occasion that he possesses
it as a moral qualitv. 1he distinction between natural and moral qualities
should be clearlv brone in mind. 1he inborn or natural qualities oí man
are transíormed into moral qualities when a person does. or reírain írom
doing. an act upon the right occasion and aíter due consideration oí the
good or e·il that is likelv to result írom it. Manv oí the lower animals are
quite harmless and do not resist when e·il is done to them. A cow mav
be said to be innocent and a lamb meek. but to neither do we attribute
the high moral qualities which man aspires aíter. íor thev are not giíted
with reason and do not know right írom wrong. It is onlv the occasion
upon which anvthing is done that justiíies or condemns a deed: and the
wise and períect \ord oí the Omniscient God has. thereíore. imposed
this condition upon e·erv moral qualitv.

Goodness
1he second moral qualitv is that known as goodness. i.e. to do good
to others. or. in other words. to do good íor good which represents the
justice in its simplest meaning. 1hen comes íorward-towards the moral
de·elopment - the higher qualitv oí kindness. íollowed bv the highest
qualitv named tenderness. 1hus in the lolv Koran. the Almightv God
commands men to repav good íor good and ií we can a·ail oursel·es oí
an opportunitv oí doing more than mere justice,. to do good íor the sake
oí goodness. i.e. without ha·ing recei·ed anv beneíit and ií it beíits the
occasion, to bestow giíts with the natural tenderness oí kindred. le
íorbids rudeness and abomination and wrongdoing XVI - 90,.

1hese commandments call attention to three stages in the doing oí
goodness. 1he lowest stage is that in which man does good to his
beneíactors onlv. L·en an ordinarv man who has the sense to appreciate
the goodness oí others can acquire this qualitv and do good in return íor
good. lrom this there is an ad·ancement to the second stage in which
man takes the initiati·e to do good to other. It consists in bestowing
ía·ours upon persons who cannot claim them as a right. 1his qualitv.
excellent as it is. occupies a middle position. 1o it oíten attaches the
iníirmitv that the doer expects thanks or pravers in return íor the good
he does. and the slightest opposition írom the object oí compassion is
termed ungrateíulness. le would íain ha·e an acknowledgment oí the
beneíit coníerred and is let sometimes to take ad·antage oí his position
121
bv laving upon him some burden. which the other could not ha·e
otherwise willinglv borne. 1o remedv this eííect. the lolv Koran has
warned the doer oí goodness saving. Ma/e vot yovr atv. or bevetit. roia
by revivaivg tbo.e rbov yov retiere ot yovr obtigatiov. ava by ivivrivg tbev
II - 264,. Ií there is no sinceritv in the deed. alms are oí no eííect.
being mere show. In brieí. this is an iníirmitv attached to the noble deed
oí doing goodness to another that the doer is led sometimes to remind
the person relie·ed oí the obligation. or to boast oí it. A third stage has.
thereíore. been taught bv the lolv \ord oí God which is íree írom
e·erv imperíection. 1o attain this períection man should not think oí the
goodness he has done. nor expect e·en an expression oí thankíulness
írom the person upon whom the beneíit is coníerred.

1he idea oí doing good should proceed írom sincere svmpathv like
that which is shown bv the nearest relati·es: bv a mother. íor instance.
towards her children. 1his is the highest and the last stage oí showing
kindness to the creatures oí God. Such svmpathetic and sincere
beneíactors are highlv praised bv the Lord in the Koran where it states
that: 1he ser·ants oí God whom le lo·es, are those who on account oí
their lo·e íor God bestow their íood on the needv rretcb and the orpbav
and the bova.vav. though longing íor it themsel·es. and who sav:

re ao vot covter avy obtigatiov vpov yov. bvt ovr ae.ire i. tbat Coa vay
be ptea.ea ritb v. ava re ao it ovty tor tbe .a/e ot Coa. ava tbi. i. a .errice
tor rbicb re .ee/ trov yov veitber recovpev.e vor tbav/. LXXVI - 8. 9,:

Coa tore. tbo.e rbo. rbev tbey .peva. are veitber proaigat vor viggara
ava /eep tbe veav XXV - 6¯,:

ava tbo.e ot rbo.e property tbere i. a ave portiov tor tbo.e rbo beg ava tor
tbo.e rbo are veeay ava ovtca.t XXV - 19,:

ava tbo.e rbo .peva iv ea.e ava iv aarer.ity III - 134,:
yov .batt by vo veav. attaiv gooave.. titt yov e·peva iv tbe cav.e ot yovr
tettor·beivg ovt ot tbat rbicb yov tore III - 92,:

ava gire yovr /ivarea rbat tbey reqvire iv tive ot veea ava at.o to tbe
poor ava tbe raytarer ava ao vot .qvavaer ra.tetvtty XVII- 26,.

1his ·erse íorbids prodigalitv and squandering awav oí wealth in
luxurv or in proper occasion. 1hereíore. anv excess in the doing oí that
which would otherwise ha·e been most beneíicial is condemned bv the
122
law. Nor. it should be borne in mind. is the mere doing oí good in anv oí
the íorms abo·e mentioned a high moral qualitv oí goodness unless
attested to as much bv the proprietv oí the occasion as bv exercise oí
judgment.

In another ·erse the word oí God enjoins upon the belie·ers to be
gooa to tbe parevt. ava to tbe /ivarea ava to tbe orpbav. ava to tbe poor ava
to tbe veigbbovr. rbo are yovr retatire. ava to tbe veigbbovr. rbo are .travger.
ava tbe covpaviov. iv a iovrvey ava to tbe raytarer: ava rbaterer yov rigbtty
po..e.. tbe tbey yovr .erravt. or bor.e. or otber aove.tic avivat.). tbi. i.
rbat Coa tore. yov to ao. ava íe aoe. vot tore tbe raiv boa.ter. ava tbe
.etti.b ava aoe. vot ti/e tbo.e rbo are viggaraty tbev.etre. ava bia otber. to be
viggara.. ava biae aray rbat Coa ot íi. bovvty ba. girev tbev. .ayivg to tbe
poor ava tbe veeay. !e bare votbivg to gire yov` IV - 36. 3¯,.

Courage
(ourage is a ·irtue resembling the instinct oí bra·erv. 1he ·erv voung
human being. when it lacks suííicient reason. is apt to displav bra·erv
and is readv to thrust its hand into the íire. because. ha·ing no
knowledge oí the consequences the instincti·e qualitv is predominant in
it. and its action is bv no means a noble qualitv. 1he ·irtue which we call
courage cannot be displaved but aíter a good deal oí reasoning and
reílection and a íull consideration oí the proprietv oí the act. 1he lolv
Koran contains the íollowing directions upon this point:

)be trve brare are tbo.e rbo to.e vot tbeir beart. bvt .tava tirvty ava
bebare patievtty vvaer itt. ava bara.bip. ava iv battte. - tbo.e are tbey rbo
are trve tto tbev.etre.). ava tbo.e are tbey rbo gvara tbev.etre. agaiv.t tbe
ai.ptea.vre ot tbeir íora II - 1¯¯,.

)bey .batt bare a great rerara trov tbeir íora rbo ao gooa to otber. ava
gvara agaiv.t erit: tbo.e rbo. rbev tbey are tbreatevea ritb tbe vv.terivg ot
peopte agaiv.t tbev ava are tota to tear tbe torce. gatberivg arovva to crv.b
tbev. are vot ai.piritea tbereby III - 1¯2 - 1¯4,.

1his circumstance. on the other hand. increases the íaith oí true
belie·ers and thev sav: Coa i. .vtticievt protector ava e·cettevt gvaraiav.
.ivce tbey rere to tigbt iv tbe cav.e ot trvtb ava iv obeaievce to tbeir íora
III - 1¯3,.

1hereíore. the moral qualitv oí courage. according to the teachings oí
Islam is not a mechanical mo·ement depending upon passions and
123
ílowing in one direction onlv. but is utilized in two wavs. ri... with its aid
the íaithíul resist and o·ercome the passions oí the ílesh. and besides
thev utilize it to resist the attacks oí transgressors when it is ad·isable to
do so in the cause oí the truth.

1he trulv courageous do not displav their bra·erv in an insolent
manner and with a ·iew to appear with ostentation to other men. but
their onlv consideration is the pleasure oí God who wishes them to resist
e·il bv their courage and to be patient under hardships. All this leads to
the conclusion that true courage takes its root in patience and
steadíastness. 1he courageous man resists his passions and does not ílv
írom danger like a coward. but beíore he takes anv step he looks to the
remote consequences oí his action.

Between the daring dash oí sa·age and the indomitable courage oí a
ci·ilized man. there is this ·ast diííerence that the latter is prepared to
meet real dangers but he reasons and reílects e·en in the íurv and tumult
oí battle. beíore he proceeds to take the course best suited to a·ert the
e·il. while the íormer in obedience to an irresistible passion makes a
·iolent assault in one direction onlv.

Veracity
1he next ·irtue. which is de·eloped out oí the natural conditions. is
·eracitv. So long as there is no moti·e to tell a lie. man is naturallv
inclined to speak the truth. le is a·erse to lving írom his ·erv nature and
hates the person who is pro·ed to ha·e told a plain lie. But this natural
condition cannot claim our respect as one the noble moral qualities.
Unless a man is purged oí the low moti·es which bar him írom truth. his
·eracitv is questionable. lor ií he speaks the truth onlv in the matters in
which truth produces no harm to himselí and tells a lie or holds his
tongue írom the utterance oí truth when his interest or propertv or
honour is at stake. he can claim no superioritv o·er the untruthíul. In
íact. no one speaks untruth without a moti·e. and there is no ·irtue in
resorting to truth so long as there is no apprehension oí harm the onlv
circumstance which can ser·e as a test oí truthíulness is the occasion
when one`s liíe or honour or propertv is in danger. 1he lolv Koran
contains the íollowing injunctions on this subject:

´bvv ye tbe pottvtiov ot iaot. ava .bvv ye tbe rora ot tat.ebooa XXII -
30,.
1he shunning oí idols and íalsehood is enjoined in the same breath: it
indicates that íalsehood is an idol and the person who trusts to it - in
124
like manner as the idolaters and the heathen used to do - does not trust
in God íor he bows in submission to an idol and does not worship God.

)be ritve..e. -avovg tbe trve betierer.- .batt vot retv.e to pre.evt
tbev.etre. rbeverer - tbey are .vvvovea to gire ritve..: ava covceat vot trve
te.tivovy. tor be rbo covceat. it ba. .vrety a ric/ea beart II - 283,.
!bev yov .pea/ a rora or provovvce a ivagvevt be trve ava iv.t. tbovgb
tbe per.ov covcervea be yovr retatire.

´tava ta.t to trvtb ava iv.tice ava tet yovr te.tivovy be ovty tor tbe .a/e
ot Coa ava .pea/ vot tat.ety. attbovgb tbe aectaratiov ot trvtb vigbt be agaiv.t
yovr orv ivtere.t or agaiv.t yovr parevt. or yovr vear retatire.. .vcb a. yovr
cbitarev.IV- 135,.
íet vot batrea torara. avy per.ov ivavce yov to act vviv.tty agaiv.t biv
V- 8,.
)be trvtbtvt vev ava tbe trvtbtvt rovev .batt tiva a ricb
reraraXXXIII - 35,.
)bey are betorea ava bte..ea rbo evioiv trvtb ava patievce vpov eacb
otber III -3,:
ava tbey rbo ao vot gire tat.e ritve.. or tbo.e rbo .it iv tbe covpavy ot
tiar. XXXV - ¯2,.

Patience
Another ·irtue which de·elops out oí the natural condition oí man is
patience. L·erv one has more or less to suííer misíortunes. diseases and
aíílictions which are the common lot oí humanitv. L·erv one. too. has.
aíter much sorrowing and suííering. to make his peace with the
misíortune which beíalls him. But such contentment is bv no means a
noble moral qualitv. It is a natural consequence oí the continuance oí
aííliction that weariness at last brings about conciliation. 1he íirst shock
brings about depression oí spirit. in quietude and wails oí woe. but when
the excitement oí the moment is o·er. there is necessarilv a reaction. íor
the extreme has been reached. But such disappointment and consequent
contentment are both the result oí natural inclination. It is onlv when the
loss is recei·ed with total resignation to the ritt ot Coa and in complete
re.igvatiov to íi. preae.tivatiov that the deed deser·es to be closed under
·irtuous moral qualities. 1he word oí God thus deals with that noble
qualitv oí patience.

!e .batt prore yov by atttictivg yov iv .ove vea.vre ritb tear. ava
bvvger. ava aecrea.e ot reattb ava to.. ot tire.. ava trvit.. )bo.e rbo prore
125
patievt vvaer .vcb vi.tortvve. are to be girev gooa tiaivg. ot Coa`. rerara - to
tbo.e rbo. rbev a vi.tortvve betatt. tbev. .ay: ´vrety re are Coa`. creatvre.
ava íi. cbarge.. ava. tberetore. vv.t retvrv to tbe orver ot tbe cbarge` II -
155-156,.

1his is the true expression oí a true Muslim. \e are God`s creatures
and lis charges and to lim must the charges return: we come írom
God and le is our goal. thereíore no trial or misíortune can disturb the
course oí our liíe. which has a much higher aim than mere comíort.`

Sympathy
Another qualitv íalling under the same categorv is svmpathetical zeal.
People oí e·erv nationalitv and religion are naturallv endowed with the
íeeling oí national svmpathv. and in their zeal íor the interest oí their
countrvmen or co-religionists thev do not hesitate to wrong others. Such
svmpathetic zeal. howe·er. does not proceed out oí moral íeelings. but it
is an instincti·e passion and is witnessed e·en in lower animals especiallv
ra·ens. oí which the call oí one brings together numerous others or in
sheep in which case the crush oí one though it be towards a precipice
brings the whole ílock to íollow their example. 1o be classed as moral
qualitv. it must be displaved in accordance with the principles oí justice
and equitv and on the proper occasion. It is expressed that under this
condition the word svmpathv is to be used. 1he injunction oí the lolv
Koran on this point is as íollows:

´yvpatby ava co·operatiov are evioivea vpov yov torara. aeea. ot
gooave.. ava piety. bvt yov vv.t vot co·operate torara. .ivtvt or trav.gre..ire
aeea.. V- 2,.

Again the lolv \ord oí God teaches e·erv Muslim not )o be a
pteaaer tor tbe treacberov. IV - 105,. .va pteaa vot ov bebatt ot avy
peopte rbo aeceire tbev.etre.: Coa aoe. vot tore avyove rbo i. treacberov. ava
.ivtvt IV - 10¯,.

Chapter XVIII - True Believers
Their Manners And Characters
As Described In The Koran
he lolv Koran describes the Muslim. i.e. the true belie·ers as
íollows:
ßetierer. are tbey rbo tear Coa ava tear votbivg et.e III - 102,.
)bey bota togetber ava vvit togetber III - 1-03,.
1
126
)bey are protectea trov barv .ivce tbey abiae by tbe iv.trvctiov ot tbeir
íora ava ßevetactor. tbe )rve Coa. .ttab V - 108,.
)beir tire.. bovovr ava property are .acrea IV - 92,.
ßetierer. .bovta vot ai.regara tbo.e rbo .atvte tbev ava ri.b tbev peace. erev it
tbe .atvter. are vvbetierer. IV - 95,.
)bey .bovta vot .it rbev Coa`. attribvte. are riaicvtea IV -140,.
1he preíer their co-religionists íor true íriends O ye rbo betiere ao vot
ta/e tbe vvbetierer. tor gvaraiav. ttrve trieva.) ratber tbav tbe betierer. IV -
144,.
1heir beha·iour when gi·ing witness is )o be vprigbt ava bear ritve..
ritb iv.tice ava tet vo batrea ot a peopte ivcite tbev to act iveqvity abty V -
8,. Belie·ers are not to ask inquisiti·e questions O yov rbo betiere! Do
vot pvt qve.tiov. abore tbivg. rbicb it aectarea to yov vay gire yov trovbte:
bvt rait vvtit tbivg. are rereatea to yov by tbe Korav V - 101,.
1,


1heir duties to God are gi·en in the íollowing ·erses: -
O ye rbo betiere! ße caretvt ot yovr avty to Coa. ava .ee/ veav. ot
vearve.. to íiv ava .trire bara iv íi. ray tbat yov vay pro.per V - 35,
O yov rbo betiere! )vrv .ivcerety to Coa ttrov yovr orv pa..iov.) .o tbat
íe ritt paraov yovr pa.t erit·aoivg. ava ritt cav.e yov to evter paraai.e iv tbe
bereatter LXVI - 8,.
Belie·ers` exalted grades are described as íollows: -
)bey are trve betierer. rbo.e beart. becove tvtt ot toyatty rbev .ttab
tCoa) i. vevtiovea: ava rbev íi. covvvvicatiov. are recitea to tbev tbey
ivcrea.e tbev iv taitb. ava iv tbeir íora tbey pvt rbotty tbeir trv.t: tbo.e rbo
/eep vp prayer ava .peva beverotevtty ovt ot rbat tbe .tvigbty Coa ba.
gravtea tbev. )be.e are tbe trve betierer. .vrety: tbey .batt bare trov tbeir
íora e·attea graae. ava torgireve.. ava bovovrabte .v.tevavce VIII - 2-4,.

1he righteous are described as thev ¨!bo rat/ ov tbe eartb iv
bvvbteve... ava !bev tbe igvoravt ti.e. tbe tooti.b) aaare.. tbev. tbey .ay
tvotbivg bvt) peace ! peace !: ava tbey rbo pa.. tbe vigbt tbetore goivg to bea)
pro.trativg tbev.etre. betore tbeir íora ttbrovgb tore ava gooa bope)...¨

¨.va tbey rbo !bev tbey .peva. are veitber e·traragavt vor par.ivoviov.
bvt /eep atray. iv tbe voaerate ava viaate ray. .va tbey rbo ao vot
ror.bip or bor aorv to avy bvt .ttab ava tbey rbo ao vot /itt avy .ovt.

)
1
( As Islam discouraged rigorous practices such as monastic life, it also prohibited
asking questions relating to details on many points, which would make this or that
practice obligatory, and such was left to individual will or circumstances of the time
or place.
127
e·cept iv tbe reqvirevevt ot iv.tice.
¨.va tbey rbo ao vot covvit torvicatiov. .va tbey rbo ao vot gire tat.e ritve...
or bear ritve.. to rbat i. tat.e¨
¨.va rbev tbey pa.. by raiv .ceve. tbey pa.. by vobty ava gevttevavty. i.e. tbey
ta/e vo part iv .vcb raiv .ceverie.. .va tbey rbo rbev revivaea ot tbe evioivvevt.
ot tbeir íora. ao vot tatt aarv aeat ava btiva. .va tbey rbo .ay. O Ovr íora!
gravt v. iv ovr rire. ava ovr ott.privg tbe ioy ot ovr eye.: ava va/e v. gviae. to
tbo.e rbo .ee/ to be ´rigbteov.´.¨ XXV-63-¯4,.

1he abo·e Koranic description oí the righteous shows how great was
the transíormation wrought bv the ad·ent oí the Prophet. a people
ha·ing been at the depth oí degradation being con·erted into such
righteous ser·ants oí the onlv true God
1rue belie·ers are also thev :-

¨!bo .bovta be tirv agaiv.t tbe evevie. ava vot to to.e beart bvt .bovta rety
vpov Coa tor rictory.
O yov rbo betiere! rbev yov veet a party tot tbe evevie.) tbev be tirv
ava /eep revevberivg Coa to betp yov ava va/e yov 1ictoriov.. .va obey
Coa ava bi. .po.tte ava ao vot qvarret betreev yovr.etre.. tor it yov ao. yov
ritt be rea/ iv beart. ava yovr porer ritt aepart: .o be patievt a. Coa
.vpport. tbo.e rbo arc patievt¨. VIII 45-46,.

And also who are not coward. nor should be wearv and íaint-hearted
against their enemies:-:
¨ße vot .tac/ .o a. to cry tor peace rbev tigbtivg agaiv.t tbe evevie.. rbite
yov bare tbe vpper bava. ava Coa i. ritb yov. ava íe ritt vot brivg yovr
.trvggte to vavgbt` XLVII-35,.

And who should help each other and gi·e asvlum to those who adopt
exile towards the cause oí God :
¨´vrety tbo.e rbo betierea ava ttea tbeir bove. ava .trvggtea bara iv
.ttab´. ray ritb tbeir property ava tbeir .ovt.. ava tbo.e rbo gire .better ·ava
betp · tbe.e are gvaraiav. ot eacb otber VIII-¯2,.
And who do not ask íor exemption írom joining the armv oí the
Muslims when at war :-
¨.va rbo ao vot a./ teare to .tay aray trov .tririvg bara agaiv.t tbe
ottevaivg evevie. ritb tbeir property ava tbeir per.ov.¨ IX-44,.1,

And who do unite with those who are true in works and deeds
¨O yov rbo betiere! ße caretvt ot yovr avty to Coa ava be vvitea ovty ritb tbo.e
rbo are trvtbtvt¨ X-119,
128

Belie·ers are thev who studv and teach others: -
¨ßetierer. are to practi.e prayer ava cbarity.¨
And who sav what is best: -
¨´ay. O! Propbet. to vy .erravt. tbat tbey .bovta .pea/ tbe trvtb ava rbat
i. be.t to be .aia¨ XVIlI-53,.

And who should ne·er despair or exult: -
^o erit or avytbivg ai.ti/ea betatt. ov tbe eartb vor iv yovr orv .ovt. bvt
it i. preae.tivea ava recoraea betore Coa brivg. it ivto e·i.tevce.. .o tbat yov
vay vot ae.pair tot Coa´. vercy) or griere ot rbat ba. e.capea yov. vor .bovta
yov be e·vttavt at rbat Coa ba. gravtea yov: .ttab aoe. vot tore ·avy
arrogavt boa.ter¨. LVII-22-23,

And who are to make peace and act equitablv :-
¨ít tro partie. ot tbe betierer. .bovta qvarret. va/e peace betreev tbev: bvt
it ove ot tbev act. rrovgtvtty torara. tbe otber. tigbt tbat rbicb act. rrovgtvtty
vvtit it retvrv. to .vbvit to Coa´. covvava! tbev it it retvrv.. va/e peace
betreev tbev ritb iv.tice ava act eqvitabty. ´vrety .ttab tore. tbo.e rbo act
eqvitabty. )be betierer. are bvt bretbrev· tberetore. va/e peace betreev yovr
bretbrev ava aaopt rigbteov. covavct .o tbat tbe .tvigbty Coa .borer íi.
bte..ivg. ava vercy vpov yov XLIX - 9-10,.

And who a·oid suspicion and spving
¨O yov betierer. ! aroia vo.t ot .v.piciov: tor .vrety .v.piciov i. a .iv. ava
ao vot .py. vor tet .ove ot yov bac/bite otber. XLIX-13,.
¨.va rbo revevber Coa iv bvvitity. LVII-16,.

And who are sincere lo·ers oí truth: -
¨)bo.e rbo betiere iv .ttab ava tbe ve..age ot bi. .po.tte. are tbe torer.
ot trvtb ava are tbev.etre. trvtbtvt ava taitbtvt LVII-19,.

And who do what thev sav:-
¨O ye rbo betiere ! it i. vo.t batetvt .igbt ot Coa tbat yov .ay rbat yov
ritt vot pvt ivto actiov: betierer. are tbey rbo tvttitt tbeir provi.e ava vot
.ivpty tat/ ritbovt covtirvivg by aeea. rbat tbey .ay by tbeir tip.¨ LXV-3,.

And who are helpers oí God`s ordinances: -
129
O ßetierer.! be ye betper. ot Coa`. oraivavce. LXI-14,.
1
,
And who put their trust whollv in God: -
¨)bere i. vo aeity bvt .ttab: tberetore. tet tbe. betierer. pvt tbeir trv.t iv
Coa ovty´ LXIV-13,
¨.va rbo ao rigbteov. aeea.¨ LXXXV-11,

PART V- MUSLIM
JURISPRUDENCE AND THEOLOGY
Chapter XIX - Koran And
Jurisprudence
slamic theologv begins with the Prophet's acceptance to settle down
at Medina. which svnchronized with in increase in the numbers oí
Muslims there and elsewhere 1he Prophet was the spiritual as well as the
temoral head oí the communitv. lis orders. re·ealed írom God. were
obeved. \ithin the short space oí ten vears írom that time. almost all the
passages. with which íuture theologv has been concerned. had been
re·ealed. As the earlv Muslim led simple li·es and their needs were íew.
the Islamic Laws were extremelv simple. In certain cases the prohibition
was introduced graduallv. Beginning with a recommendation. it ended an
injunction. as in the case oí the use oí intoxicans and gambling. 1he
íollowing passages indicate the manner in which the recommendation
e·entuallv merges into prohibition.

First Stage. - Recommendation )bey a./ yov ttbe
propbet) covcervivg rive ava gave. ot chance. Sav! iv botb are great erit ava
certaiv aaravtage. to vev. bvt tbeir erit i. greater tbav tbeir aaravtage.¨ II-
219,.

Second Stage. - A íirst step towards prohibition: O yov
betierer.! ao vot pray rbev yov are ivto·icatea. .o tbat yov vay /vor rett
rbat yov .ay¨ IV-43,.

Third Stage. - 1otal prohibition : ¨O ßetierer.. ivto·icavt.
ava gave. ot cbavce ava t.acriticivg to) iaot. ava airivivg arror. are
abovivatiov ava tbe ror/ ot tbe aerit: tberetore. ´bvv tbev V-90,.
As the Koranic passages relating to rituals. ceremonies and laws were
brieí. thev needed íurther explanation. which was gi·en bv the Prophet.

(
1
) If we seek God’s help, we must first help God’s cause, i.e. dedicate ourselves
entirely to Him and without reserve by obeying His ordinances and forbidding what
He has declared forbidden
I
130
In this manner. the Prophet himselí was the íirst commentator oí the
Koran. lis explanations mav be di·ided into two parts:-
1. Reílection on passages occurring in the Koran.
2. Answer to questions. or relation to some particular occasion.

1he rise oí the Muslim Arabs aíter the death oí the Prophet was
rapid. \ithin a period less than sixtv vears. thev became masters oí
North Aírica. including Spain. Svria and the whole oí Iran: in íact. all
central Asia as íar as (hina in the Last. A large number oí non-Arabs
also embraced Islam. 1hev were quite ignorant oí tbe Arabic language
and hence were unable to understand the Koran. and e·en when thev
learnt it. manv words
.
sentences and passages in it were not clear to
them. 1he inhabitants oí Mecca and Medina. particularlv those who had
ser·ed under the Prophet and had occasion to learn the Islamic doctrine
directlv írom the prophet. came to be held as authorities on the subject
oí the religion. 1he regular de·elopment oí theologv might thus be said
to begin with the subjugation oí the countries mentioned abo·e. As in
the case oí Suíism. the de·elopment oí theologv was gradual. 1he period
oí that de·elopment mav be di·ided as indicated below: -

1. 1he tite oí the Prophet aíter the prophetic announcement. which
lasted írom A.D. ó0º to ..D. ó²2.. i.e. about 2: vears.
2. 1he reign oí the íirst íour Khaliíias. írom A.D. 6²2 to A.D. 661.
i.e. about 30 vears.
3. Umavved Khaliías. írom A.D. 661 to A.D. ¯50.
4. Abbaside Khaliías. írom A.D. ¯50 to A.D. 1258.
5. Non-Arab period. írom A.D. 1258 to the present time.

1he íirst period is conterminous with the re·elation oí the Koran
itselí and the instructions gi·en bv the Prophet in person. 1he second
period is rendered noteworthv bv the íollowing: -

1. 1he earliest collection oí the traditions or savings oí the Prophet.
2. 1he building-up oí the svstem oí Muslim Jurisprudence under the
guidance oí the íirst íour Khaliías.
3. 1he arrangement oí the Koran into chapters as we ha·e it now. Oí
these achie·ements. the last is perhaps most important.



Chapter XX - Koran - First Source
of Jurisprudence
131
he word Koran` is deri·ed írom the Arabic /ara´a. i.e to read to
recite. It is designated at·ívrqav the distinguisher,. Katavvt·tab
the word oí God,. the Kitab the book,. Nur the light, and at·ívaa the
guidance,. It has a large number oí other names. some mentioned in the
Koran itselí and others gi·en Muslims. 1he Koran is held in the greatest
respect bv all sects oí Islam. It is ne·er touched without ablution
períormed beíorehand. it is considered the eternal miracle oí Islam. as
the expounder oí the most sublime truth: as superior to what was laid
down bv all past religions as the best guide íor seeking God and íor
obtaining emancipation: the períection oí all moral codes: as the word oí
God. uncreated in its origin and existing beíore being con·eved to the
Prophet: as noble and complete in itselí. It has been re·ealed in parts at
diííerent times during a period oí twentv-three vears. as necessitv
demanded it. Some chapters were re·ealed in complete íorm: others in
portions. It was di·ided into thirtv parts. containing 114 chapters. known
in Arabic as Svra... were ·erv long and others ·erv brieí. 1he chapters
were arranged under the personal direction oí the Prophet. who used to
ask the scribe present to insert re·ealed passage in a particular chapter
and beíore or aíter a particular ·erse oí the chapter. It was neither
arranged in chronological order not at random. but as commanded bv
the Prophet himselí. Order oí Abu Bakr. a copv oí the Sacred Book
ha·ing been leít in the custodv oí laísa. the widow oí the Prophet and
daughter oí Omar. the second Khaliía. 1he third Khaliía. Osman.
ordered the re·ision and comparison oí the ·arious íragments in the
possession oí diííerent people with the original copv. and the
arrangement oí the whole -Sacred Book into its chapters under the
super·ision oí the íollowing experts: -

1. Zaid ibn 1habit. who also was the íirst compiler.
2. 'Abdullah ibn Zubair
3. Sa'id ibn Al-As.
4. 'Abdul-Rahman ibn laris.

\ith the exception oí the íirst. the other three belonged to the
Koraishite tribe. 1he work was complete. 1he work oí compilation was
íirst undertaken bv aíter careíul scrutinv and comparison with other
íragments and presented to the Khaliía who caused a number oí copies
oí it to be made and sent to the diííerent centres oí Islam. and these
became texts íor all subsequent copies oí the lolv Book. 1he íragments
in possession oí diííerent people were reco·ered and burnt. As a number
oí companions such as 'Abdullah ibn Mas'ud: Salim: 'Ali the íourth
Khaliía,: Mu'az ibn Jabal: Ubavv ibn Ka'b: 'Abdullah ibn Omar. had
committed the whole Koran to memorv and a large number had each
1
132
got bv heart a big portion oí it. hardlv anv diííicultv was experienced in
the matter oí securing a correct text or in arranging it as required. 1he
Prophet used to encourage his companions to write and learn the text oí
the Svra. bv heart. 1he attachment oí the Muslims to the Sacred Book is
so great that it has retained its puritv. without the least change. íor the
last one thousand. three hundred and eightv vears. Its contents were
re·ealed in the Meccan dialect oí the Koraish. and the object oí Osman
was to make people read it in this selí-same dialect.

A Muslim believes in the Koran as the word of God uttered in a
manner which is unsurpassable in the beauty of its language and in the
declaration of the truth of the doctrines inculcated by it. Non-Muslim
writers and critics in Europe are unanimous in admitting its high
literary merit. George Sale, whose translation of the Koran is well
known, writes:-

"So stronglv capti·ating to the minds oí his audience that se·eral oí
his opponents thought it to be the eííect oí witchcraít and enchantment.
"Omar the second Khaliía. beíore embracing Islam.. was an
opponent oí the Prophet: and once he leít his place with the intention oí
killing him. On his wav he met his own sister. who had embraced Islam.
and íound her reading some passages írom the Koran. le took these
passages and read them. and was so much aííected them that he
immediatelv became a Muslim.

In describing the great world llood Deluge,. the passages in the
Koran describing it became extremelv íigurati·e and sublime. According
to Arab writers on rhetoric. the íollowing íew lines taken írom these
passages contain twentv-three íigures or speech in them. 1hese lines
cannot. íor ob·ious reasons. retain their original beautv in the translation
oííered here: -

¨.va tbe ar/ vorea iv ritb tbev avia rare. ti/e vovvtaiv.. ava ^oab
cattea ovt to bi. .ov trbev) be ra. apart. ´O vy cbita! ívbar/ ritb v.. ava
be vot ritb vvbetierer.`. íe .aia í ritt beta/e vy.ett to a vovvtaiv. tbat
.batt .are ve tbi. aay torv Coa´. aecree. .are biv ov rbov be .batt bare
vercy. ava a rare pa..ea betreev tbev ava be ttbe .ov) ra. arorvea ava it
ra. .aia tby Coa): ´O íartb! ´rattor aorv tbe rater ava O íearev!
!itbbota tby raiv: ava tbe rater abatea ava Coa`. aecree ra. tvttittea ava tbe
ar/ re.tea ov at·¡vai ta vovvtaiv)¨

Such is the stvle oí the Koran. most beautiíul íluent. concise.
persuasi·e. possessing great íorce oí expression: in some instance
133
composed íor hearing rather than íor reading: magniíicent when
describing the majestv and sublimitv oí God. encouraging to warriors.
seekers oí the truth and undetermined hearts. It is composed neither in
poetrv nor in simple prose. 1he sentences generallv end in rhvme: words
being well selected and beautiíullv placed. Lach chapter has its own
rhvmed words. coming at the end oí each sentence.
Apart írom the beautv oí its composition. it contains original ideas
especiallv in connection with the unitv or existence or the singleness oí
God.

Divisions Of The Koran
1he (hapters oí the Koran arc di·ide into Meccan and Medinite. 1he
Meccan chapter are usuallv in brieí sentences. íull or enthusiasm.
poetical. loítv and brilliant: denouncing idol worship. promising paradise
and threatening with the dire punishment oí hell: describing the unitv
and majestv oí God. the dav oí judgment with allusions to some oí the
earlier prophets and the e·ents oí their time: rich in eloquence. with
appreciation oí objects in nature: and with most oí them beginning with
one or a number oí oaths. ·erv attracti·e to Arabs as in the íollowing: -

ßy tbe .vv ava bi. voovaay brigbtve..:
ßy tbe voov rbev .be tottoretb biv:
ßy tbe aay rbev it rereatetb biv
ßy tbe vigbt rbev it ev.brovaetb biv:
ßy tbc bearev ava íiv rbo bvitt it:
ßy tbe eartb ava íiv rbo .preaa it:

ßy a .ovt ava íiv rbo pertectea it. ava iv.pirea iv it tritb) rbat i.
rrovg ava rbat i. rigbt tor it¨ X(J-1-8,.
1
,
1he Medinite (hapters narrate the same subjects but generallv in
greater details. the ·erses being more prosaid and the chapters much

(
1
) By the inspiration by God into the soul (with) what is right and what is wrong is
meant that the Almighty God has gifted man with the faculty of distinguishing and
the power or choosing between right and wrong; in other words. He pointed to man
the two Conspicuous ways. Commentators explain the verse to mean that God has
perfected man by making him understand and know both ways - the wrong and the
right.
It is to be noted here that both Rodwell and Palmer are wrong in translating the
verse as meaning: “and breathed Into it (the soul) its wickedness and is piety”
(Palmer), for the statement in this form is not only contradicted by the whole of the
Quran, but is also self-contradictory and meaningless, because the words would thus
imply that when a man left evil and did good, it was God who breathed in him to do
so, and when a man left good and did evil it was again God who taught him to do so,
which is manifestly absurd,
134
longer. 1hev are chieílv noted íor the addition oí 1, ci·il and criminal
laws: 2, directions and rituals. such as praver íasting. gi·ing alms.
making the pilgrimage. etc. 3, social reíorm 4, moral regulations 5,
brieí description oí some oí the important battles íought with the
Koraishites and the Jews: 6, criticism and condemnation oí hvpocrites
who proíessed Islam but worked against. it: ¯, exhortation to deíend the
cause oí Islam: and 8, a brieí description oí past Prophets. and e·ents
illustrating the íundamental principles oí Islam.

Orientalists Reviewing The Koran
Speaking oí the Koran in his west-Ostlicher Di·an. Von Goethe
states: -
"lowe·er oíten we return to it the Koran,. at íirst disgusting us each
time aíresh. it soon attracts. astounds and. in the end. eníorces our
re·erence. Its stvle. in accordance with its contents and aim. is stern.
grand. terrible-e·er and a non trulv sublime. 1hus. this book will go on
exercising. through all ages. a most potent iníluence."
1
,

Dr. Stengass. the learned compiler oí the Lnglish-Arabic and Arabic-
Lnglish Dictionarv \.l. Allen and (o.,. has recorded his opinion on
the Koran in Dr. lughes' 'Dictionarv oí Islam'. Aíter alluding to the
abo·e words oí Goethe. Dr. Steingass writes: "1hese words seem to me
so much the more weightv and worthv oí attention as thev are uttered bv
one who. whate·er his merits or demerits in other respects mav be
deemed to be. indisputablv belongs to the greatest masters oí language oí
all times and stands íoremost as a leader oí modern thought and the
intellectual culture oí modern times. A work

then. which calls íorth so
poweríul and seeminglv incompatible emotions. e·en in the distant
reader - distant as to time. and still more so. as to mental de·elopment -
a work ti.e. the Koran, which not onlv conquers repugnance with which
he mav begin its perusals. but changes this ad·erse íeeling into
:astonishment and admiration. Such a work must be a wonderíul
production oí the human mind indeed. and a problem oí the highest
interest to e·erv thoughtíul obser·er oí the destinies or mankind. \e
mav well sav. the Korav is ove ot tbe gravae.t boo/. erer rrittev becav.e it
rettect. tbe cbaracter ava tite ot tbe greate.t vav tbat erer breatbea Sinceritv`.
writes (arlv1e. sinceritv in all senses. .eev. to ve tbe verit ot tbe Korav .ave
sinceritv. this ardour and earnestness in the search íor truth. this ne·er
ílagging perse·erance in trving to impress it. when partlv íound. again
and again upon his unwilling hearers. appears to me the real and

(
1
) C. Goethe's west-ostlicher Divan it is worthy of remark that these 'words of
Goethe were placed by Dr. Rodwell by way of motto on the reverse or the title page
or his translation of the Quran - (Author).
135
undeniable. Seal oí prophecv' in Muhammad'.
1
,

Chapter XXI -The Traditions
Second Source of Jurisprudence
he traditions oí the Prophet better known as ´vvva or baaitb is the
second and undoubtedlv secondarv source. írom which the
teachings oí Islam are drawn. ´vvva. literallv means a wav or rule or
manner or example oí acting. or mode oí liíe: and baaitb. a saving
con·eved to man either through hearing or through re·elation.
2
,. In
´vvva indicates the doings. and baaitb the savings oí the Prophet. but. in
eííect. both co·er the same ground and are applicable to his actions.
practices. and savings. baaitb being the narration record oí the ´vvva but
containing in addition. ·arious prophetical and historical elements
1here are three kinds oí ´vvva:

1, it mav be a saving oí the Prophet which has a hearing on a
religious object:
2, it mav be an action or practice oí his. or
(3) it may be his silent approval of the action or practice of
some person. We shall now consider to what extent can
teachings of Islam, its principles

and it laws, be drawn
from this source. The Koran generally deals with the broad
principles or essentials of religion going into details in
care cases. The details were generally supplied by the
Prophet himself, either by showing in his practice how an
injunction shall be carried out, or by giving explanation in
words.

1he .vvva or baaitb oí the Prophet was a tbivg rbereot the need had
been íelt aíter his death and which was much needed iv his liíetime. 1he
two most important institutions oí Islam íor instance. are praver and
zakat alms-gi·ing,: vet when injunctions relating to praver and .a/at
were deli·ered and thev were repeatedlv met with both in Mecca and
Medina re·elations. no details were supplied "Keep up praver" is the

(
1
) cf.. on Goethe's. West-Ostlicher Divan
(
2
) Hence the Holy Quran is also spoken of as "hadîth" (18; 5; 39; 23). The word
"sunna" is used in the Holy Quran as a general sense, meaning a way or rule.
Thus 'sunnat al-AwwaIin' (18; 38; 15; 13; 18; 55; 55; 43) means the way or
example' of the former generations and is frequently used in the Holy Quran as
signifying God

s way of dealing with people, which is also spoken of as
'sunnat-Allah' or God's way of dealing with people.

1
136
Koranic injunction. and it was the Prophet himselí rbo bv his own
action ga·e the details oí the ser·ice. "Pav the alms is agaiv an injunction
írequentlv repeated in the lolv Koran. vet it was the Prophet who ga·e
the rules and regulations íor its pavment and collection. 1hese are but
two examples: but since Islam co·ered the whole sphere oí human
acti·ities: hundreds oí points had to be explained bv the Prophet bv his
example in action and word. while on the moral side. his was the pattern
which e·erv Muslim was required to íollow.

¨1erity iv tbe ve..evger ot Coa yov bare a gooa e·avpte to tottor´
XXXIII~21,. 1he man. thereíore. who embraced Islam stood in need
oí both the lolv Koran and the ´vvva.

Chapter XXII - Transmission of
Hadîth
In Prophet's Lifetime
he transmission oí the practices and savings oí the Prophet írom
one person to avotber became necessarv during the Prophet's
liíetime. In íact. the Prophet himselí used to gi·e instructions with
regard to the transmission oí what he taught. 1hus. when a deputation oí
a certain tribe came to wait upon him in the earlv davs oí Medina. the
Prophet concluded his instructions to them with the words ¨Revevber
tbi. ava report it to tbo.e rbov yov bare tett bebiva ¨ 1, Similar were his
instruction in other cases ¨Co bac/ to yovr peopte ava teacb tbev tbe.e
tbivg..
1
,

1here is another report according to which. on the occasion oí a
pilgrimage. the Prophet. aíter enjoining on the Muslims the dutv oí
holding sacred each other
`
s liíe. propertv. and honour. added: ¨íe rbo i.
pre.evt bere .bovta carry tbi. ve..age to biv rbo i. ab.evt¨.
2
, Again there is
ample historical e·idence that whene·er a people embraced Islam. the
Prophet used to send to them one or more oí his missionaries. who not
onlv taught them the Koran but also explained to them how the
injunctions oí the lolv Book were to be carried out in practice. It is also
in record that people came to the Prophet and demanded teachers who
could teach them the Koran and the ´vvva. saving. "Send us men to
teach us the Koran and ´vvva.` 1he companions oí the Prophet knew
íull well that the injunctions and practices rere to be íollowed. should no
express direction be met with in the Koran. It is related that when Mu`az

(
1
) Bukhari reports on “hadith”
(
2
) Ibid.
1
137
ibn Jabal on being appointed go·ernor oí \amen bv the Prophet. was
asked how he would judge cases. his replv was. Bv the Book oí God'
again he was asked "\hat he would do ií be did not íind a direction in
the Book oí God` he replied. Bv the ´vvva oí the Prophet oí God. 1he
´vvva was. thereíore.. recognised in the liíe time oí the Prophet as
aííording gviaavce iv retigiov.. matters

1he popular idea in the \est that the need íor ´vvva was íelt and
the íorce oí law gi·en. to baaitb. aíter the death oí the Prophet. is
opposed by tbe íacts.
1
,

Why Hadîth Was Not Generally
Written
t is. howe·er. a íact that the saving oí the Prophet were not generallv
written. and memorv was the chieí means oí their preser·ation.
1he Prophet sometimes objected to the writing down oí baaitb. But
this disappro·al clearlv shows nothing else but íear lest baaitb be mixed
up with the lolv Koran. 1here was nothing essentiallv wrong in writing
down hadith. nor did the Prophet e·er íorbid its being done. Nor was
memorv an unreliable means íor the preser·ation oí baaitb. íor the lolv
Koran itselí was saíelv preser·ed in the memorv oí the disciples oí the
Prophet in addition to committing it to writing. In íact. had the Koran
been simplv preser·ed in writing. it could not ha·e been handed down
intact to íuture generations. 1he aid oí memorv was in·oked to make the
puritv oí the text oí the Koran doublv sure.

1he Arab had to wonderíullv retenti·e memorv and he had to store
up his knowledge oí countless things in his memorv. Indeed. beíore
Islam. writing was but rarelv resorted to. and memorv was chieílv relied
upon in all important matters. lundreds and e·en thousands oí ·erses
could be recited írom memorv bv one man. and the reciters would also
remember the names oí the poets trough whom these ·erses had been
transmitted to them. It is recorded oí a later renowned transmitter.
Asma`i bv name. that he learned twel·e thousand ·erses bv heart beíore
he reached majoritv. Another transmitter was reported to ha·e recited

(
1
) Muir writes in his introduction to "The life of Mohamed':- "Sarcely was the
Prophet buried when his followers resolved to adopt the custom (sunna) of
Mohamet, that is his sayings and practices as supplementary of the Koran (page
XXIX) And even a recent writer, Guillaume, writes in the "Tradition of Islam":-
“While, the Prophet was alive he was the sole guide in all matters whether spiritual
or secular. Hadîth or tradition in the technical sense may be said to have begun. at
his death" (p. 13)
I
138
·erses írom a hundred poets in a single sitting. Sha`bi. a íamous
transmitter. pro·ed that he could continue reciting ·erses which he knew
bv heart íor a month: and these ·erses were the basis oí the Arabic
·ocabularv and e·en oí Arabic grammar.
1
,

Chapter XVIII - The Earliest
Preservation of Traditions
Collection of Hadith
(First Stage)
he íirst step íor the preser·ation oí baaitb was thus taken during the
liíetime oí the Prophet. but all his íollowers were not equallv
interested in the matter. nor had thev equal chance oí being so. L·erv
one had to work íor his li·ing. while on most oí them the deíence oí the
Muslim communitv against o·erwhelming odds had placed an additional
burden. 1here was. howe·er. a partv oí disciples called ..·babv.·
´vttab who li·ed in the Medina Mosque itselí. and who were speciallv
equipped íor the teaching oí religion to the tribes outside Medina. Some
oí these would go to the market and do a little work to earn their li·ing:
others would not care e·en to do that. Oí this little band. the most
íamous was Abu-luraira. the Prophet`s íaithíul attendant. who would
remain in the Prophet`s companv at all costs and store up in his memorv
e·ervthing which the Prophet said or did. A`isha. the Prophet`s wiíe. was
also one oí those who sought to preser·e the ´vvva oí the Prophet. She.
too. had a mar·ellous memorv. and was. in addition. giíted with a clear
understanding. She had narrated o·er 160 traditions. Abdullah ibn
Omar and Abdullaah ibn Abbas were two other companions who were
speciallv engaged in the work oí preser·ing and transmitting the baaitb. as
also was Abdullah ibn` Amr who used to write down the savings oí the
Prophet. And in addition to these. e·erv disciple oí the Prophet did his
utmost to preser·e such oí his words and deeds as came to his
knowledge. Omar. the second Khaliía. was reported to ha·e made
arrangements with a neighbour oí his that thev should be in the
companv oí the Prophet on alternati·e davs. so that each might report
to the other what happened in his absence. And. most important oí all
the Prophet had repeatedlv laid an obligation on e·ervone oí ílowers to
transmit his words to others: íet biv rbo i. pre.evt aetirer to biv rbo i.
ab.evt. was the concluding sentence oí all his utterances. all oí which
aííord a clear prooí that the work oí preser·ation and transmission oí
the ´vvva had begun during the liíetime oí the Prophet.

1
( ) It was in this safe custody (memory) that the beautiful poetry of the pre-Islamic
days had been kept alive and intact.
1
139


Collection of Hadith (Second Stage)
\ith the Prophet`s death. the work oí the collection oí baaitb. entered
on a second stage. L·erv case that came up íor decision had now to be
reíerred either to the lolv Koran or to some judgment oí saving oí the
Prophet which obtained wide reputation. 1here were numerous cases on
record. in which a right was claimed on the basis oí a judgment or saving
oí the Prophet. and e·idence was demanded as to the authenticitv oí the
saving.
1,

1hus. there was a double process at work. not onlv the
trustworthiness oí the particular baaitb established bevond all doubt. but
the baaitb also obtained a wide circulation and írom being the knowledge
oí one man onlv. it passed to that oí manv. 1he particular judgment
might not be on all íours with the circumstances oí the case to which it
was to be applied. and an analogv might then be sought írom one or
more savings. 1hus. the multiple needs oí a rapidlv growing and widelv
spreading communitv whose necessities had increased teníold on
account oí its onward march to ci·ilization. brought into prominence a
large number oí hadith. knowledge oí which had been limited to one or
a íew onlv. with the seal oí coníirmation on their truth. because at that
time direct e·idence oí that truth was a·ailable.
\et this was not the onlv íactor that ga·e an impetus to a
dissemination oí the knowledge oí baaitb.

1he inílux into Islam oí large number oí people who had ne·er seen
the Prophet himselí. but who could behold íor themsel·es the
astounding transíormation brought about bv him. and to whom.
thereíore. his memorv was sacred in the highest degree and íormed in
itselí an important íactor in the general eagerness to disco·er e·ervthing

1
( ) A woman came to Abu-Bakr, the Khalifa claiming her share of inheritance from
her deceased grandson The Khalifa said that he could not find either in the Book of
God (the Quran) or the Sunna of The Prophet that she was entitled to any share
Thereupon, Al-Mughira ibn shuba (a companion) got up to say that he had seen The
prophet granting one-sixth share to a grandmother. The Khalifa asked for a second
witness and Muhammad ibn Mussallama supported Al-Mughira and accordingly
judgment was delivered in favour of the woman Again Fatima the Prophet's
daughter, claimed that she was entitled to an inheritance of the Prophet. As against
this Abu'Bakr cited a saying of the prophet .''We prophets do not leave an
inheritance; whatever we leave is a charity" The truth of this hadîth was not
questioned by any one, and Fatima's claim was, therefore, rejected. Such incidents
happened daily and became the occasion of establishing, or otherwise, the truth of
many sayings of the Prophet.

140
which the great reíormer had said or done. It was natural that each new
con·ert should be anxious to know all that was to be known about the
Great Prophet who had gi·en quite a new liíe to a dead world. L·erv
one who had seen him would thus be a centre to whom hundreds oí
enquirers would resort. and since to whom hundreds oí enquirers would
resort. and since the incidents were íresh in their memories. thev would
be con·eved with íair accuracv to the generation.
Moreo·er. it was to the companions oí the Prophet that the religion
he brought and the teachings he taught were a thing which thev ·alued
abo·e anvthing else the world contained. lor its sake thev had gi·en up
their business. their kinsíolk. nav. their ·erv homes: to deíend it. thev
had laid down their li·es. 1o carrv this di·ine blessing. the greatest giít oí
God.
1o other people. had become the supreme object oí their li·es: hence
a dissemination oí its knowledge was their íirst concern. In addition to
this. the Prophet had laid on those who were present oí his companions
on attendants and on those who saw him or listened to his saving and
teachings. the dutv oí carrving what thev saw or beard. to those who
were absent. "Let him who present carrv this to him who ab.evt¨ ras the
phrase which on account oí its írequencv oí its repetition range
continuallv in their ears. And thev were íaithíul to the great charge laid
on them. in whiche·er direction thev went and in whiche·er countrv
thev settled. 1hev went eastward and westward and northward. carrving
with tbev the Koran and tbe ´vvva.

L·ervone oí them who had but the knowledge oí one incident
relating to the Prophet's liíe deemed it his dutv to deli·er it to another.
And indi·iduals like Abu luraira. 'A'isha. Abdullah ibn Abbas Abdullah
ibn Omar. 'Abdullah ibn 'Amr el-'As ibn Malik and manv others who had
made the preser·ation íirst object oí their li·es. and become as it were
centres. to whom peoplerestored írom diííerent quarters oí the kingdom
oí Islam to gain knowledge oí baaitb. Abu-luraira alone had eight
hundred disciples. A
1
isha's house. too. was resorted to bv hundreds oí
ardent students. 1he reputation oí 'Abdullah ibn 'Abbas cousin oí the
Prophet,. was equallv great. and. notwithstanding his vouth: he had a
íoremost place among the counsellors oí the Khaliía 'Omar. on account
oí his knowledge ot tbe Koran and the ´vvva.
The zeal of the new generation for the acquisition of religious
knowledge was so great that students were wont to travel from one
place to another to complete their knowledge of the sunna, and some
would journey long distances to obtain first-hand information about
141
one hadith only (
1
)
1hus arrangement existed both íor the collection oí the knowledge oí
hadith in diííerent centres oí learning pies who gained their knowledge at
such centres.

Collection of Hadith (Third Stage)
\ith the passing oí the generation that had seen and heard the
Prophet directlv. the :work oí collection oí hadith entered upon a third
stage. 1here were no more reports to be in·estigated írom diííerent
teachers who taught at diííerent centres. 1here was no single centre at
which the whole store oí the knowledge oí hadith could be obtained. íor
companions oí the Prophet had spread so wide. But in the second stage.
baaitb had undoubtedlv passed írom indi·idual into public possession.
and. thereíore in the third stage the whole oí baaith could be learned bv
repairing to the diííerent centres. instead oí enquiring about it írom
indi·iduals. Moreo·er. at this stage the writing down oí baaitb became
more common. 1he large number oí the students oí baaitb at the
diííerent centres. ha·ing abundance oí material to digest. to which was
also added the íurther diííicult charge oí remembering the names oí the
transmitters. sought aid írom the pen. so that the work might be easier.
Bv this time. writing had become general and writing material abundant.
Moreo·er. there was no íear oí the baaitb being coníused with the
Koran. It must. howe·er. be remembered that at this stage. baaitb was
written merelv as an aid to memorv: the mere íact that a written baaitb
was íound among the manuscripts oí a person was no e·idence oí its
authenticitv. which could onlv be established bv tracing it to a reliable
transmitter. Omar ibn Abdul-Aziz. commonlv known as Omar II. the
Omavvad Khaliía. who ruled towards the close oí the íirst centurv oí
lijra. was the íirst man who issued deíinite orders to the eííect that
written collections oí baaitb should be made. le is reported to ha·e
written to Abu-Bakr ibn lazh. the Khaliía`s go·ernor at Medina : See
whate·er saving oí the Prophet can be íound. and write it down. íor I
íear the loss oí knowledge and the disappearance oí the learned men and
do not accept anvthing but the true baaitb oí the Prophet. and people
should make knowledge public and should sit in companies. so that he
who does not know should come to know. íor knowledge does not
disappear until it is concealed írom the public'.
2
, 1he importance oí this
incident lies in the íact that the Khaliía himselí took an interest in the
collection oí baaitb.t
²
) But 'Omar II died aíter a short reign oí two and a

(
1
) Vide. “Sonan of Abu Dawud", Book 24, chapter I.
(
2
)Vide Bukhari, Book 3, Chapter 34.
(
3
) Vide Muir's "Life of Mohamet", p. XXX, into which he says, "About a hundred
142
halí vears. Aíter his death. the work oí collection oí hadith in written
·olumes was taken up independentlv oí go·ernment patronage in the
next centurv. and this brings us down to the íourth stage in the historv
oí the collection oí the traditions oí the Prophet.

Collection of Hadith (Fourth
Stage)
Beíore the middle oí the second centurv. baaitb began to assume a
more permanent shape. and written collections began to see the light oí
the dav. as such collections had become indispensable. 1he íirst known
work on the subject is that oí ívav Ibn Juraij. le li·ed at Mecca. while
other authors who wrote books on baaitb in the second centurv are ívav
Malik ibn Anas and Suívan ibn Uwavna at Medina. Abdullah ibn wahb
in Lgvpt. Ma`mar ibn Abdul-Razzak in \emen. Suívan 1hawri and
Muhammad ibn ludail in Kuía. lammad ibn Salma and Rauh ibn
Ubada at Bisra lushaim ibn \asit and Abdullah ibn Mubarak in
kuurasan now Aíghanistan,.
1he Book oí ívav Malik. known as the Mvratta Book. is considered
the most important oí the collections oí these authors. lowe·er all these
books were vet unexhausti·e writing on íbaaitb. the object oí their
compilation was simplv the collection oí such reports as touched on the
dailv liíe oí the Muslims. Reports relating to a large number oí topics.
such as íaith. or knowledge. or the liíe oí the Prophet. or wars or
comments on the Koran. were outside their scope. Also e·erv author
had collected onlv such reports and traditions as were taught at the
centre at which he worked. L·en the Mvratta Book which stood in the
íirst rank contained onlv the baaitb which came through the citizence oí
lijaz. All these works on baaitb were. thereíore. incomplete. but thev
were a great ad·ance on oral transmission oí the ´vvva.

Collection of Hadith (Fifth Stage)
1he great work was brought to completion in the third centurv oí the
íiira. It was then that two kinds oí collection oí baaitb were made. the
Mv.vaa and the ¡avi`. 1he Mv.vaa was the earlier and the ¡avi` the later.
Bv Mv.vaa is meant the tracing oí anv one baaitb back through ·arious
transmitters to the companion oí the Prophet on whose authoritv is
rested. 1he most important oí this class in the Mv.vaa oí ívav Ahmad
ibn lambal 164-241. A. l., which contains thirtv-thousand reports.

years after Mohamet, the Khalif Omar II issued circular order for the formal
collection of all excellent Traditions'. Also vide “Fat-hul-Bari'' by AI-Hafiz Shahub-
ud-Din Ahmad, Book 1, p 174, Cairo Press edition.

143
1his great ívav di·ine is one oí the íour recognized ívav. oí the ´vvvi·
Muslim School. 1he collections oí the Mv.vaa baaitb. howe·er. contains
reports oí traditions oí all sorts. As to the ¡avi`. also known as
Mv.avvat. it literallv means a work that gathers together. it arranges
reports according to heir subjectmatter and. moreo·er. it is oí a moral
critical tone. It is to the ¡avi. or the Mv.vaa that the honour is due oí
bringing the knowledge oí baaitb to períection.

Six books are recognized bv the .vvvi Muslims as authoritati·e works
on the traditions oí the Prophet. 1hese are the collections oí : 1,
Muhammad ibn Isma`il. commonlv known as Al-Bukhari died 256
A.l.,. 2, Muslim died 261 A.l.,. 3, Abu-Dawud died 2¯5 A.l,. 4,
1irmizi died 2¯9 A.l.,. 5, Ibn Maja died 283 A.l.,. and 6, An-Nasa`I
died 303 A.l.,. 1he works oí the third and the last two are generallv
known bv the name oí .ovav. i.e. practices. 1hese books classiíied
reports under ·arious heads oí subjects and thus made baaitb easv íor
reíerence. not onlv íor the judge and the lawver. but also íor the ordinarv
and the research students.

It mav be noticed that among the six collections oí baaitb mentioned
abo·e. which are known as the six reliable íaaitb ßoo/.. Bukhari holds
the íirst place in se·eral respects. while Muslim`s collection comes the
second and the two together are known as the ´abibaiv or the two most
reliable íaaitb Books. ßv/bari`. collection has the distinction oí being
the íirst. Its author is the most critical oí all. le did not accept anv baaitb
unless all the transmitters were reliable and until there was prooí that the
latter transmitter had actuallv met the íirst: the mere íact that the two
were contemporaries which is Dr. Muslim`s test, did not satisív him.
Moreo·er. Dr. Bukhari heads the more important oí his chapters with a
text írom the lolv Koran and thus shows that baaitb or tradition oí the
Prophet is but an explanation oí the Koran. and as such a secondarv oí
the teachings oí Islam.

Luropean criticism oí baaitb has oíten mixed up baaitb with the
reports met with in the biographies oí the Prophet and in certain
commentaries on the Koran. 1he íact is that no Muslim scholar has e·er
attached the same ·alue to the biographical reports as baaitb narrated in
the abo·e-mentioned collections.

1here is no doubt that the collectors oí baaitb attached the utmost
importance to the trustworthiness oí the narrators. Inquiries were made
as to the character oí the guaranters. whether thev were morallv and
144
religiouslv satisíactorv. whether anv oí them was tainted with heretical
doctrines. whether thev had a reputation íor truthíulness. and had the
abilitv to transmit what thev had themsel·es heard. linallv. it was
necessarv that thev should be competent witnesses whose testimonv
would be accepted in a court oí ci·il law.
1
, But more than this. thev tried
their best to íind out that the report was traceable to the Prophet
through the ·arious necessarv stages. L·en the companions oí the
Prophet did not accept anv baaitb which was brought to their notice
until thev were íullv satisíied that it came írom the prophet. 1he
collectors went bevond the narrators. and thev had rules oí criticism
which were applied to the subject-matter oí the baaitb.

In judging whether a certain baaitb was spurious or genuine. the
collectors not onlv made a thorough in·estigation regarding the
trustworthiness oí the transmitters. but also applied other rules oí
criticism which were in no wav iníerior to modern methods. According
to these rules. a report oí a tradition was not accepted under anv oí the
íollowing circumstances:

1. Ií the report was opposed to recognized historical íact.
2. Ií the reporter was a ´bi`a. and the baaitb was oí the nature oí an
accusation the companions oí the Prophet. or ií the reporter was a
Kbariii
2
, and the baaitb was oí the nature oí an accusation against
Prophet`s íamilv. Ií. howe·er. the baaitb was corroborated bv
independent testimonv. it was accepted.
3. Ií the report was oí such a nature that to know it and act upon it
was incumbent upon all Muslims. whereas it was reported bv a
single man.
4. Ií the time and the circumstance oí the narration oí the baaitb
contained e·idence oí its íorgerv.
5. Ií it was agaiv.t rea.ov or against the plain teachings oí Islam.
6. Ií the subject-matter or words oí a certain tradition were unsound
or not in consonance with Arabic idiom. or the subject-matter was
unbecoming the Prophet`s dignitv.
¯. Ií the report mentioned an accident. which. had it happened.
would ha·e been known to and reported bv large numbers. while
as matter oí íact that incident was not reported bv anv one except
the particular reporter
3
,.

1
( ) Vide “Traditions of Islam”, by Alfred Guillaume (Calendron Press, Oxford),
1924.
2
( ) “Khariji” belongs to an old party of protest against the ascendancy of the
Koraishites.
3
( ) “Al-Ugalan-Nafi’a”, by Shah ‘Abdul-‘Aziz.
145
8. Ií it contained threatening oí hea·v punishment íor ordinarv sins
or promised a mightv reward íor slight deeds.
9. Ií the narrator coníessed that he was in doubt oí what he reported.
10. Ií the report dealt with the reward oí prophets and messengers to
the does oí good
1
,.

Chapter XXIV - The Koran is The
Greatest
Test For Judging Hadîth
n addition to the abo·e rules oí criticism. which leít little to be
desired. there is another ·erv important test wherebv trustworthiness
oí íaaitb mav be judged. and it is a test that the application whereoí was
commanded bv the Prophet himselí. 1here will be narrators.` tbe
Propbet i. reportea to bare .aia. reportivg baaitb trov ve. .o ivage by tbe
Korav: it a report agree. ritb tbe Korav accept it. it otberri.e. reiect it.

1here is another saving oí the Prophet:
My .ayivg ao vot abrogate tbe rora ot Coa ttbe Korav) bvt tbe rora ot
Coa cav abrogate vy .ayivg..

As alreadv stated. baaitb is but an explanation oí the Koran: and
hence also the Koran must ha·e precedence o·er the baaitb.
It is unquestionable that the Koran had been handed down intact
e·erv word and e·erv letter oí it. while baaitb could not claim that puritv.
and it was chieílv the substance oí savings that was reported.
Again the Koran deals with the principles oí the Islamic Law while
baaitb deals with the details. so that onlv such details should be accepted
as are in accordance with the principles.

1he Svvvi Muslim communitv are agreed on the principle that a baaitb
mav be unacceptable either on account oí there being some deíect in its
transmitters or because its subject-matter is unacceptable. 1hus. all
trustworthv collectors oí traditions oí the Prophet. are at one that among
the most important reasons íor which a baaitb mav be rejected is its
subject-matter. lor instance. ií a reported tradition contradicts the lolv
Koran or the recognized ´vvva or the unanimous ·erdict oí the Muslim
communitv or ordinarv common sense. it is not accepted.


1
( ) Similar rules of criticism are laid down by Mûlla ‘Ali Al-Cari in his work entitled
“Maudu’at”, and by Ibn Al-Gawzi’s “Fathul-Mûghith”, as well as by Ibn Hajar in
his “Nuzhatul-Absar”.
I
146
1he íollowing saving oí the Prophet will explain the position. which
he intended to assign to the oral law oí baaitb or ´vvva:
)bat rbicb tbe Propbet ot Coa batb vaae vvtartvt i. ti/e tbat rbicb
Coa íiv.ett batb vaae vvtartvt.
í av vo vore tbav a vav. bvt rbev í evioiv avytbivg re.pectivg retigiov
receire it. ava rbev í oraer avytbivg abovt tbe attair. ot tbe rorta. tbev í av
votbivg vore tbav a vav.
1erity tbe be.t rora i. tbe rora ot Coa. ava tbe be.t rvte ot tite i. tbat
aetirerea by íi. Propbet Mvbavvaa.
í bare tett yov tro tbivg.. ava yov ritt vot .tray a. tovg a. yov bota tbev
ta.t. )be ove i. tbe ßoo/ ot Coa ava tbe otber tbe tar t´vvva) ot íi.
Propbet. t
]
)

Chapter XXV - The Style of
Composition Employed in The
Imparting of Traditions
or the purpose oí expressing how a tradition had been
communicated írom one person to another. certain introductorv
·erbal íorms were selected bv dulv qualiíied persons. And it was
incumbent upon e·erv one about to narrate a tradition. to commence bv
that particular íorm appropriated to the said tradition: this was done with
a ·iew to securing íor each tradition the quantum oí credit to which it
might be justlv entitled.

1hese introductorv ·erbal íorms are as íollows: 1, - le told
us`: 2, .. ··- I heard him saving : 3, .· le said to us`: 4,
¯· le related to us`: 5, '' `le iníormed us`: 6, ¸· lrom.`
1he íirst íour introductorv íorms were to be used onlv in the case oí
an original narrator communicating the ·erv words oí the tradition to the
next below him. 1he íiíth introductorv ·erbal írom was used when a
narrator inquired oí the narrator immediatelv abo·e him whether such
and such a íact. or circumstance. was or was not correct. 1he last íorm
was not suííicientlv explicit. and the consequence was that it could not
be decided to which oí the two persons the tradition related belonged. so
that unless other íacts be brought to bear upon it. it could not be
satisíactorilv pro·ed whether there be anv other persons. one or more
than one. intermediarv between the two narrators. As to anv external

1
( ) Vide : “Mishkât”, Book 1, Chapter VI.
l
147
íacts that might pro·e what was required to be known. the learned
scholars ga·e the íollowing opinions:

íir.t : Ií it be known with certaintv that the narrator was not
notorious íor íraudulentlv omitting the names oí other parties íorming
links in the chain oí narration. and who also li·ed at such a time and in
such a localitv that it was possible. although not pro·ed. that thev ·isited
each other. then it might be taken íor granted that there were no other
narrators intermediarv between these two.
´ecovaty : Other learned authorities add that it must be pro·ed that
thev ·isited each other at least once in their liíetime.
)biraty : Others assert that it must be pro·ed that thev remained
together íor such a time as would be suííicient to enable them to learn
the tradition. one írom the other. 1he aíoresaid restrictions simplv tend
to show íar the collectors oí baaitb ha·e gone to admit as reliable anv
tradition oí the Prophet.

Chapter XXVI - Degrees of
Authenticity
of The Narrators
he associates oí the Prophet. and those persons who li·ed
immediatelv aíter them used to relate. with the exception oí the
Koran. the sense oí the Prophet`s word in their own language. unless
thev had to use some phrases containing pravers. or when thev had to
point out to others the ·erv words oí the Prophet. It is natural to
suppose that deeplv learned persons would themsel·es understand and
deli·er to others the sense oí the savings better than persons oí iníerior
grade. and thev. thereíore. ha·e been di·ided into se·en grades:
1. Persons highlv conspicuous íor their learning and legal
acquirements. as well as íor their retenti·e memorv. Such persons
are distinguished bv the title oí ívãv. ot baaitb. i.e. leaders or grand
scholars oí tradition.
2. Persons who. as to their knowledge. take rank aíter the íirst. and
who but ·erv rarelv committed a mistake.
3. Persons who as to their knowledge still rank aíter the íirst and the
second. but respecting whose integritv and honestv there is no
doubt.
4. Persons respecting whom nothing is known.
5. Persons who ha·e made alterations in the pure religion oí the
Prophet. and. actuated bv prejudice. ha·e carried them to
extremes.
1
148
6. Persons who are pertinaciouslv skeptical. and ha·e not a retenti·e
memorv.
¯. Persons who are notorious íor in·enting spurious traditions.

Learned di·ines are oí opinion that the traditions related bv persons
oí the íirst three classes should be accepted as genuine and reliable.
according to their respecti·e merits. and also that traditions related bv
persons coming under the three last classes should be at once rejected:
and that the traditions related bv persons oí the íourth
1
, class i.e. .=
írom`, should be passed o·er unnoticed so long as the narrator
remained unknown.

Chapter XXVII - Rules For
Distinguishing
False Traditions
he modes oí procedures were adopted bv the learned scholars oí
baaitb as íollows:
1he ·erv words emploved in transmitting suspected traditions as
well as their stvle oí composition were examined. 1he contents oí each
tradition were compared with the commands and injunctions contained
in the Koran and with those religious doctrines and dogmas that had
been deduced írom the Koran. and with those traditions which had been
pro·ed to be genuine. 1he learned scholars in·estigated the nature oí the
import oí each related baaitb as to whether it was unreasonable.
improbable. or impossible.

It will. thereíore. be e·ident that the baaitb. considered as genuine bv
the Svvvi Muslims. must indispensablv possess the íollowing characters:
1he narrator must ha·e plainlv and distinctlv mentioned that such and
such a thing a saving or an action, was either said or done bv the
Prophet. the chain oí narrators írom the last link up to the Prophet must
be unbroken: the subject related must ha·e come under the actual ken oí
its narrators: all the narrators. írom the last up to the Prophet. must ha·e
been persons conspicuous íor their pietv. ·irtue and honestv: e·erv
narrator must ha·e recei·ed more than one tradition írom the narrator
immediatelv preceding him: e·erv one oí them must be conspicuous íor

1
( ) As regards the introduction from of .= “from”, the following gives an example: -
if A says that he had heard from B and B says he had heard from C and leaving
several names in the middle, says that X heard from the prophet. There are,
however, exceptions in a narration of this kind. If the narrator was a known
companion of the Prophet, his narration, even if the chain was broken, had been
accepted by some theologians.
1
149
his learning so that he might be saíelv presumed to be competent both
to understand correctlv. and íaithíullv deli·er to others. the sense oí the
tradition: the import oí the tradition must not be contrarv to the
injunctions contained in the Koran. or to the religious doctrines deduced
írom that lolv Book. or to the traditions pro·ed to be correct: and the
nature oí the import oí the tradition must not be such as persons oí
good opinion might hesitate in accepting.

Anv tradition thus pro·ed genuine can be made the basis oí anv
religious doctrine: but notwithstanding this. another objection mav be
raised against it. which is that the tradition is the statement oí one person
onlv. and thereíore. cannot. properlv. be belie·ed in implicitlv. lor
ob·iating this. three grades ha·e been again íormed oí the baaitb pro·ed
as genuine. 1hese three grades are the íollowing: .· vvtaeãtir: ..·
va.b·bvr` and -. - /babarvt·abaa.
Mutawatir is an appellation gi·en to those traditions onlv that ha·e
alwavs been. írom the time oí the Prophet e·er aíterwards. recognized
and accepted bv e·erv associate oí the Prophet. and e·erv learned
indi·idual. as authentic and genuine. and to which no one has raised anv
objection. All Muslim learned di·ines oí e·erv period ha·e declared that
traditions oí the grade oí vvtarãtir are implicitlv belie·ed and ought to
be religiouslv obser·ed.

Mash-hûr is a title gi·en to those traditions which. in e·erv age. ha·e
been belie·ed to be genuine bv a number oí learned scholars. 1hese are
the traditions which are íound recorded in the best collections that treat
oí them. and ha·ing been generallv accepted as genuine. írom the
nucleus oí certain Muslim doctrines.
Khabarul-ahad or baaitb related bv one person, is an appellation
gi·en to traditions which do not possess most oí the qualities belonging
to the traditions oí the íirst two grades: in which case thev were
considered as not authentic.
1here is some diííerence oí opinion as to who íirst attempted to
collect the traditions. and to compile them in a book. Some scholars sav
Abdul-Malik ibn Juraij oí Mecca. who died in 150 A.l.. whilst others
assert that the collection. which is still extant bv the ívãv Di·ine
doctor, Malik ibn Anas. who died in 1¯9 A.l.. was the íirst collection.
1he work oí the latter is still held in ·erv great esteem. although it is not
generallv included among the standard .i· ´abvb books. i.e. the six
correct` books recei·ed unanimouslv bv .vvvi Muslims. In a pre·ious
passage oí this work the names oí these six books were gi·en: once more
thev are the collection oí:
150

1. .t·ívãv Muhammad ibn Isma`il Al-Bukhari. 256 A.l.
2. .t·ívãv Muslim ibn Al-lajjaj. 261 A.l.
3. .t·ívãv Abû-Dawûd Soliman. 2¯5 A.l.
4. .t·ívãv Muhammad ibn Isa Al-1irmizi. 2¯9 A.l.
5. .t·ívãv Ibn Maja. abû-Abdullah Muhammad. 283 A.l.
6. .t·ívãv An-Nasa`i. Abû-Abdul-Rahman. 303 A.l.
Besides these. the collections oí ívãv Di·ine Dr., .t·´bãt`i t204
A.l.,. Ibn Idris. Dr. Ahmed ibn lanbal 241 A.l.,. Dr. ívãv Malik ibn
Anas 1¯9 A.l., are also considered authentic bv .vvvi Muslims.
1
,

Chapter XXVIII - Ijma’ - The Third
Foundation of Islamic Laws
jma` literallv means unanimitv` oí opinion on a certain solution. 1he
.vvvi Muslims stvle themsel·es abtv.·´vvva rat·iavã`. i.e. the people
oí tradition and congregation. In Muslim theologv. the term iivã`
expresses the unanimous consent oí the learned doctors oí theologv who
are termed vvitabia. or those who exert themsel·es to the utmost. A
vvitabia is Muslim di·ine oí the highest degree oí learning. )be vece..ary
covaitiov. íor a vvitabia oí the íirst degree are essentiallv three: a
comprehensi·e knowledge oí the Koran in its diííerent aspect: a
knowledge oí the ´vvva with its lines oí transmission. text and ·arieties
oí signiíicance: and a knowledge oí the diííerent aspects oí qiyãa
2
, or
analogv: Added to these íundamentals is that a vvitabia must be
qualiíied in the science oí o.vt. i.e. the essential principles oí the Muslim
law. based on the Koran. the tradition. consensus oí opinion and
analogv.

lence a vvitabia is a Muslim di·ine oí the highest degree oí learning.
1his title is usuallv gi·en bv the Muslim rulers to those distinguished
doctors oí di·initv among the communitv. such as the grand rector oí
Al-Azhar Uni·ersitv in Lgvpt and to the Members oí the Bodv oí Grand
Jurists íorming the Legislati·e (ouncil oí the said Uni·ersitv and to the
grand qãai. judges,: also to grand vvtti. or Muslim counsellors in the
diííerent Muslim states.

íiva` being the exercise oí judgment and reason in theological as well
as legal matters. plavs a ·erv important part in the establishment oí the

1
( ) Vide “An Essay on Muhammadan Tradition”, by the honourable Syed Ahmad
Khan of Bahasour. Cf. “Nukhbatul-Fagr”, by Sheikh Shahab-ed-Din Ahmad .
2
( ) cf. “Kashful-Asrâr”, by ‘Abdul-Aziz Al-Bukhâri.
I
151
religion oí Islam. 1he ·alue oí reason is expresslv recognized in the lolv
Koran. Although the Koran recognizes re·elation as a source oí
knowledge higher than reason. it admits at the same time that the truth
oí the principles established bv re·elation mav be judged bv reason. and
hence it repeatedlv appeals to reason and common sense and denounces
those who do not use their reasoning íaculties: it is íull oí exhortations
like the íollowing: Do vou not reílect`·
1
, Do vou not understand`·

2
, íare yov vo .ev.e. t
²
) )bere are .igv. iv tbi. tor a peopte rbo rettect.
1here are signs in this íor a people who understand`
4
,.

1hose who do not use their reasoning íacultv are condemned in
·arious ·erses oí the Koran. On the other hand. it praises those who do
it
5
,. 1he Koran also recognizes the necessitv oí the exercise oí
judgment in order to arri·e at a decision: .va rbev tbere cove. to tbev
ver. ot .ecvrity ot tear. tbey .preaa it abroaa: ava it tbey baa reterrea it to tbe
.po.tte ava to tbo.e iv avtbority ttbe ivri.t.) avovg tbev. tbo.e avovg tbev
rbo cav .earcb ovt tbe /vorteage ot it rovta bare /vorv it. trve pvrport t
ó
).
1he original Arabic word in the ·erse íor search out` read
ya.tavbitvva írom i.tivbãt. which signiíies the searching out oí the
hidden meaning bv the use oí judgment and reason. 1he ·erse use
recognizes the principle oí the exercise oí the judgment. which is the
same as iitigãa and is also the same as i.ti/brãi or deduction bv analogv

¯
,. and though the occasion on which it was re·ealed was a particular
one. the principle recognized is considered bv all jurists and learned
scholars a general principle.
1he Prophet allowed the exercise oí judgment in religious matters.
where there is no express direction in the lolv Koran or the ´vvva
8
,

Establishment of Ijtihad
1he exercise oí judgment to meet the new circumstances had begun
as alreadv shown in the Prophet`s liíetime. since it was impossible to
reíer e·erv case to him. Aíter the Prophet`s death. the principle oí iitbãa

)
1
( Quran II – 171.
2
( ) VII – 179.
3
( ) VIII - 22.
4
( ) XXV – 44.
5
( ) III – 189, 190
6
( ) Ibid IV – 83.
7
( ) Vide “Tâjul-‘Aruâs”, Arabic Lexicon by Imam Murtada Hussini.
8
( ) When asked by the Prophet how he would judge cases if the Sunna, Mu’âz who
was to be appointed governor of Yemen he did not find directions either in the Book
of God or in Sunna, replied – to the satisfaction and consent of the Prophet – “I
would then exercise my own judgment.”
152
obtained a wider pre·alence. and as new areas oí population were added
to the material and spiritual realm oí Islam. the need oí resorting to
iitibãa became greater. During the reign oí Abû-Bakr. when a case came
beíore him. he used to consult the Book oí Allah the Koran,: ií he
íound anvthing in it bv which he could decide. he did so: ií he did not
íind it in the Book. and he knew oí a ´vvva oí the Messenger oí Allah.
he decided according to it: and ií he was unable to íind anvthing there.
he used to question the Muslims around him Ií thev knew oí anv
decision oí the Prophet in a matter oí the kind. and e·erv one them
stated what he knew írom the Prophet. and Abû-Bakr would sav praise
be to Allah who had kept among us those who remembered what the
Prophet had said` : but ií he was unable to íind anvthing in the ´vvva oí
the Prophet. he gathered together the heads oí the companions and
consulted them. ands ií thev agreed upon one opinion bv a majoritv, he
decided accordinglv.
1
,.
1he abo·e illustration represents the principle oí iivã` or consensus
oí opinion as a source oí the Islamic Law.

1he same rule was íollowed bv Omar. the second Khaliía. who
resorted to iiitbãa ·erv íreelv. but took care alwavs to gather the most
learned companions and consult with them. \hen there was a diííerence
oí opinion. that oí the majoritv was made the basis oí decision.
Besides the Khaliías among whom in the íoremost was Ali. cousin oí
the Prophet. there were great indi·idual teachers. such as ladv .`i.ba-
the Prophet`s widow. Ibn Abbas. Ibn Omar. and other great vvitabia.
oí the dav. whose opinion was highlv re·ered. Decisions were gi·en
according to their own judgment and laws promulgated subject onlv to
the one condition that thev were neither contrarv to the lolv Koran nor
to the ´vvva oí the Prophet. And decisions oí those earlier jurists were
íollowed bv the later jurists.

The Four Great Divine Doctors
In the second centurv oí lijra arose the great íour doctors oí
jurisprudence who codiíied the Islamic Law according to the needs oí
their time.

Imâm Abû-Hanîfa
1he íirst oí these was Dr. ívãv Abû-laniía Al Nu`man ibn 1habit.
born at Basra 80 A.l., A.D. 699, - died A.D. ¯6¯ - lis centre oí
acti·itv was at Kuía. 1he basis oí his analogical reasoning. known bv

1
( ) Vide “Tarikhul – Khulafa” (History of the Khalifas), by Iman Jalalud-Din Al-
Sayûti, Chapter relating to Abu-Bskr (see his knowledge).
153
qiyã. analogv, was the lolv Koran. and he accepted bãaitb onlv when he
was íullv satisíied as to its authenticitv. 1he great collector oí bãaitb had
not vet commenced their work oí collection. and Kûía itselí was not a
great centre oí the branch oí learning. It was ívãv Abû-laniía who íirst
directed attention to the great ·alue oí qiyã. or analogical reasoning in
legislation which was held bv Muslims to be íourth íoundation oí the
Islamic jurisprudence aíter the source oí iivã`. 1he principle oí qiyã. will
be dealt with later. ívãv Aba laniía had two renowned disciples. Dr.
ívãv Muhammad and Dr. ívãv Abû-\ûsuí. and it is mostlv their ·iew
oí the great master`s teaching that now íorm the basis oí the lanaíi
School svstem.

Imâm Mâlik
Next comes Dr. Imam Malik ibn Anas. the second great Di·ine. le
was born at Medina in the vear 93 A.l. A.D. ¯13,. and worked and died
there at the age oí 82. le limited himselí almost entirelv to the baaitb
which he íound and collected at Medina. relating more especiallv to the
practice which pre·ailed there. and his svstem oí jurisprudence is based
entirelv on the traditions and practices oí the people oí Medina. lis
book. known as Mvratta. is the íirst collection oí baaitb and one oí the
most authoritati·e books oí tradition and ´vvva.

Imâm Shâfi’i
1he third Di·ine Dr. Imam Muhammad ibn Idris Alshaí`I was born
in Palestine in the vear 150 A.l. A.D. ¯6¯,. le passed his vouth at
Mecca but he worked íor the most part in Lgvpt. where he died in 204
A.l. In his dav. he was unri·alled íor his knowledge oí the lolv Koran.
and took immense pains in studving the ´vvva. tra·elling írom one
place to another in search oí iníormation. lis school was based chieílv
on ´vvva. O·er the Maliki svstem. which is also based on ´vvva. the
Shaí`i svstem has the ad·antage that the baaitb made use oí bv ívãv
Shaí`i was more extensi·e. and was collected írom diííerent centres.
while ívãv Malik contented himselí onlv with what he íound at Medina.

Imâm Ahmad Ibn Hanbal
Last oí the íour great Imam was Dr. Ahmad ibn lanbal who was
born at Baghdad in the vear 164 A.l. and died there in 241 A.l. he too
made a ·erv extensi·e studv oí baaitb. lis íamous work on the subject is
known as Mv.vaa oí Ahmad ibn lanbal. containing thousands oí baaitb..
1his monumental compilation is based on the material collected bv the
ívãv himselí. lis collection oí baaitb. is not arranged according to
subject matter but under the name oí the companion to whom a baaitb is
154
ultimatelv traced.

\hile the svstem oí Abû-laniía applied reasoning ·erv íreelv and
sought to deduce all questions írom the lolv Koran bv the help oí
reason. the svstem oí Ibn lanbal is distinguished bv the íact that it
makes reser·ed use oí reason and judgment.

Different Methods Forming New
Laws
1he íour ívãv. abo·e mentioned. who are accepted bv the entire
.vvvi world oí Islam. are thus agreed in gi·ing to iitibãa a ·erv important
place in legislation. íivã` and iitibãa are thus looked upon as two more
sources oí the Islamic Law along with the lolv Koran and the ´vvva oí
the Prophet. though the latter two are regarded as ·,·= ··. at·aaitta·
qat`iya or absolute arguments or authorities,. the íormer two sources
being called ·,·-. ··. at·aaaittat·iitibãaiya or arguments arri·ed at
bv exertion,.
1he sphere oí iitibãa is a ·erv wide one. since it seek to íulíill all the
requirements oí the Muslim communitv which are not met with
expresslv in the lolv Koran and the baaitb. 1he great vvitabea oí Islam
ha·e endea·oured to meet these demands bv ·arious methods.
technicallv known as ¸,·` qiyã. or avatogicat rea.ovivg). - . '
ti.ti.b.ã.. i.e. equitv, " -·. ` i.ti.tãb. i.e. public good,. and
..` i.tiatãt. i.e. iníerence,. A brieí description oí these methods
mav be gi·en to show how new are e·ol·ed bv adopting them.

Chapter XXIX - Degrees of Ijtihad
here are three degrees oí iitibãa. 1hev are: iitibãa ti.b·´bar`. iitibãa
tit·Ma.bab and iitibãa tit·va..a·it or exercise oí judgment in
legislation. in a juristic svstem and in particular cases. respecti·elv.

1he íirst kind oí iitibãa or exercise oí judgment in the making oí new
iníallible laws is recognized bv the .vvvi Muslims to ha·e been limited to
the íirst three centuries and. practicallv. it centres in the íour great
re·ered ívãav.. 1hev ha·e coníined all laws and included in their
svstems whate·er was reported írom the companions and the tãbi`iv. i.e.
the generation next to that oí the companions. It is the general opinion
1
155
that the conditions
1
, necessarv íor a viitibãa oí the íirst degree ha·e not
been met with in anv person aíter the íirst íour grand ívãv.. It is íurther
supposed íor ob·ious reasons that thev will not be met with in anv
person in the later generations
2
,.

1he second degree oí iitibãa belongs to such earlier iitibãa as ívãv
Dr. Abû-\ûsuí and ívãv Dr. Muhammad. the two íamous disciples oí
the head ívãv Dr. Abû-laniía whose unanimous opinion on anv point
oí jurisprudence must be accepted bv the scholars and íollowers oí the
lanaíi svstem. e·en ií it goes against that oí their master.

1he third degree oí iitibãa was and is still attainable bv later
acknowledged vvitabia. and local jurist who could sol·e questions or
special cases that might come beíore them. which had not been decided
bv the vvitibãa oí the íirst two degrees. but such solutions oí new cases
must be in absolute accordance with the opinion oí the greater vvitabia..
In íact. iitibãa is a great blessing oí which the Muslim religion can e·er
boast: it is the onlv wav through which the needs oí the succeeding
generations and the requirements oí the diííerent races merging into
Islam could be met. 1o íulíill these needs and requirements. the
vvitabia. ha·e laid down the íoregoing methods. technicallv known as
qiyã.: analogical reasoning,: i.tib.av equitv,: i.ti.tab public good, and
i.tiatãt iníerence,.
A brieí description oí these methods mav be gi·en to show how new
secondarv laws are e·ol·ed bv adopting them:-

‘Qiyas’ or Analogy
1he most important oí these methods and the one which has almost
a uni·ersal sanction. is qiyã. which literallv means measuring by or
covparivg ritb. or judging bv covparivg ritb. a tbivg. while the jurists
applv it to a process oí deduction bv which the law oí a text is applied
to cases which. though not co·ered with the language. are go·erned bv
the reason oí the text
3
,. Brieílv it mav be described as reasoning based
on analogv. A case might come up íor decision. which is not expresslv
pro·ided íor either in the lolv Koran or in the baaitb. 1he jurist looks
íor a case resembling it in the lolv Koran or in the baaitb. and bv
reasoning on the basis oí analogv. arri·es at a decision. 1hus. it is an
extension oí the law as met with in the lolv Koran and baaitb. but it is

1
( ) For these conditions, vide pp. 178-179 of this work (author).
2
( ) “Kashful-Asrar”, by ‘Abdul- “Aziz Al-Bukhari, Vol. 3.
3
( ) “Al Maqâlâtul-Islâmiya”, by Isma’il Al-Ash’ari.
156
not oí equal authoritv with them. íor no jurist has e·er claimed
iníallibilitv íor decisions based on analogical deduction. It is a recognized
principle oí iitibãa that the vvitabia mav err in his judgment. lence it is
that as manv diííerences oí juristic deductions exist e·en among the
highest authorities. lrom its ·erv nature the qiyã. oí one generation iivã`
is in all cases binding on the communitv.


Istihsan or Equity
í.tib.ãv which literallv means considering a thing to be equitable. is in
the technologv oí the jurists the exercise oí pri·ate judgment. not on the
basis oí analogv. but on that oí public good or in the interests oí justice.
According to the lanaíi svstem. when a deduction based on analogv is
not acceptable. either because it is against broad rules oí justice. or
because it is not in the interest oí public good. and is likelv to cause
undue incon·enience to those to whom it is applied. the jurist is at
libertv to adopt. instead. a rule which is to be in consonance with the
broader rules oí justice. 1his methods oí í.tib.ãv is rather peculiar to the
lanaíi svstem.

Istislah or Public Good
1his method which is a similar rule to that oí í.tib.ãv is adopted bv
Dr. ívãv Malik and the Malik School at large. means a aeavctiov ot tbe
tar ba.ea ov cov.iaeratiov ot pvbtic gooa.

Istidlal or Inference
í.tiatãt has two chieí sources recognized íor iníerence. 1hese are
customs and usages which pre·ailed in Arabia at the ad·ent oí Islam.
and which were not abrogated bv Islam: thev ha·e the íorce oí law. On
the same principle. customs and usages pre·ailing anvwhere. when not
opposed to the spirit oí the Koranic teachings or not expresslv íorbidden
bv the ´vvva. would be admissible. because according to a well-known
maxim oí the jurists. permissibilitv is the original principle.` and.
thereíore. what has not been declared unlawíul is permissible. In íact. as
a custom is recognized bv a ·ast majoritv oí the people. it is looked upon
as ha·ing the íorce oí iivã` and hence: it has precedence o·er a rule oí
law deri·ed írom analogv. 1he onlv condition required is that it must not
be opposed to a clear text oí the Koran or a reliable baaitb.
1he lnaíi School lavs special stress on the ·alue oí customs. so much
so that it is taken as a principle oí law
1
,.

1
( ) “Al Ashbâh wan-Nazâ’ir” Book a standard of the Hanafi Theology.
157
As regards laws re·ealed to the people oí the Book Jews and
(hristians, pre·ious to Islam. thev also ha·e the íorce oí law e·en now.
so long as thev ha·e not been expresslv abrogated bv the Koran or the
´vvva.
It is to be noted that diííerence oí opinion between acknowledged
jurists was ne·er ignored bv the Islamic Law. nav it is encouraged and
praised since such diííerence is naught but the ripe íruit oí the use oí the
reasoning íacultv. so long as the opposed opinion expressed on a certain
secondarv point is not contradicted bv the Koran. the Book oí God or
the practice and teaching oí the Prophet.

On this principle. the Messenger oí God is quoted to ha·e said that
when a qãai qualiíied judge or jurist, gi·es a judgment and he exercises
his reasoning íacultv and is right. he has a double reward. and when he
gi·es a judgment and exercises his reasoning íacultv and makes an
innocent mistake. there is still a reward íor him
1
,

Again the Prophet is reported to ha·e said: )be aitterevce. ot vy peopte
are a vercy`
2
,. Diííerence oí opinion is called a mercv. i.e. a blessing.
because it is onlv through encouraging diííerence oí opinion that the
reasoning íacultv is de·eloped. and the truth ultimatelv disco·ered. 1here
were certain diííerences oí opinion among the (ompanions oí the
Prophet. and there were also matters on which a single companion used
to express boldlv his dissent írom all the rest. lor example. Abû-Zarr
was alone in holding that to ha·e accumulated wealth in one`s possession
was a sin. lis opinion was that no one should amass wealth unless he
had distributed the most oí it to the needv. All the other companions
were opposed to the ·iew: and though the authoritv oí iivã` was quoted
against him. no one did dare sav that Abû-Zarr had committed a sin íor
expressing an opinion in diííerence with the whole bodv oí
(ompanions.
3
,

1hus the lolv Koran is the íountain head oí Islamic Law. supported
and explained bv 1raditions oí the Prophet. agreement. analogv and
preíerence. as to which all Muslim school are unanimous.
1he diííerences onlv arise in regard to the selection oí a particular
tradition or to preíerence gi·en to a certain tradition anv other. or to the
interpretation attached to certain oí the text in the Koranic passages
4
,

1
( ) Vide “Mishkâtul-Masâbih”, by Walyid-Din Muhammad ibn ‘Abdulla.
2
( ) Vide “Jami’-es-Saghir”, by Imam Al-Hâfiz Jalâlud-Din Al Sayîti, Cairo Edition.
3
( ) “Kitâbut-Tabaqât-ek-Kobra”, by Muhammad ibn Sa’d.
4
( ) References: “Fat-hul-Bayan fi Maqasidul-Quran”, by ibn “Ali Al-Bukhari;
“Fatawal-Mughiri”; “Al-Hidâya”, by ‘Ali ibn Abi Bakr Al-Maghani: “Fiqul-Akbar”,
158

Ways of Inferring “Ijma”
Beíore concluding this (hapter on the subject oí iivã. it is necessarv
to point out the wavs bv which iivã` and its subsequent enjoinment
upon the .vvvi Muslims are iníerred.
As alreadv stated in the íorgoing. the .vvvi Muslim theologians and
jurists are unanimous in considering the agreement oí the vvitabia. a
source oí jurisprudence and one oí the íoundations oí the Islamic Law.

1he expression and terminologv oí the general agreement oí
vvitabia. is supposed to implv the collection oí the opinion oí all li·ing
vvitabia. at anv certain age. But this is not the case. In íact. the said
agreement is iníerred in three wavs: íirst bv qart word,. i.e. when the
vvitabia. express an opinion on the point in question: secondlv bv ti`t
deed,. i.e. when there is unanimitv in practice: thirdlv bv .o/vt silence,.
i.e. when the vvitabia. oí as certain age do not oppose an opinion
expressed bv ove or more oí them: as íor example when the rector oí Al-
Azhar or anv other acknowledged vvitabia. expresses an opinion on a
point oí law. and his or their, opinion was not expresslv opposed bv
some vvitabia.. but was recei·ed bv unanimous silence on their part.

PART VI JIHAD
Chapter XXX - The Religious
Defensive
Warfare Koranic Verses on Jihad
t is a sacred religious dutv incumbent on the Muslim nation at large to
set íorth deíensi·e war against unbelie·ers to repel their persecution
upon the belie·ers or aggression upon Muslim territories.
1his di·ine dutv oí religious war is laid down in se·eral ·erses oí the
lolv Koran as well as in the 1radition oí the Prophet.
1he íollowing are translated quotations írom the Koran bearing on
the subject oí religious wars:
In (hapter IV. ·erses ¯5-¯6. we ha·e the íollowing injunctions:

Mv.tiv. are to tigbt iv aetevce ot tbe cav.e ot tbeir íora ava to reaeev
tbeir rea/ Mv.tiv bretbrev ava .i.ter. ava cbitarev rbo are oppre..ea. rbo
cry tor betp trov .ttab to .are tbev trov .vcb oppre..iov ava to .eva tbev
.ove cbavpiov to reaeev tbev. Mv.tiv. are to tigbt to aeteva tbe cav.e ot

by Master Imam Abu-Hanifa; “Commentary of Bahrul-Muhit”, by Muhammad ibn
Yusuf,
I
159
.ttab. rbite tbe vvbetierer. ao tigbt to aeteva tbe cav.e ot tbe aerit: .vrety tbe
.trvggte ot tbe aerit i. .o rea/.

1hese ·erses explain what is meant bv íighting íor Allah. \hile most
oí the belie·ers who had the means had escaped írom Mecca. there
remained those who were weak and unable to emigrate. 1hese were still
persecuted and oppressed bv the Meccan idolaters. 1he ·erses implv a
prophecv that those who are íighting íor the de·il shall be ultimatelv
·anquished.
In (hapter XXII. ·erse 214. the Muslims who emigrated to Medina
are addressed bv the Koran as íollows:

Do yov tbiv/ tbat yov rovta evter Paraai.e. rbite yet tbe criticat .tate ot
tbo.e rbo bare pa..ea aray betore yov baa vot cove vpov yov: Di.tre.. ava
atttictiov baa betattev tbev ava tbey rere .ba/ev riotevtty. .o tbat tbe .po.tte
ot Coa ava tbo.e rbo betierea ritb biv .aia: !bev rovta tbe betp ot .ttab
cove to v.`. . ^or .vrety tbe betp ot .ttab i. rett vigb.

1his ·erse clearlv inculcates íaith and perse·erance under the hardest
trials and is an indication oí the Prophet`s own unequalled endurance
and íaith. It reíers not onlv to the great trials and hardships which were
vet in store íor them. and which thev could clearlv see in the masses oí
all íorces that could be used to annihilate them.

In (hapter II. ·erse 216. we ha·e the íollowing injunctions:
íigbtivg i. evioivea ov tbe Mv.tiv.. tbovgb tigbtivg i. av obiect ot ai.ti/e
to tbev: ava it vay be tbat tbey vay ai.ti/e .ovetbivg rbite it i. gooa tor
tbev: ava it vay be tbat tbey vay ti/e .ovetbivg rbite it i. erit tor tbev. ^or
tet it be /vorv tbat .ttab /vor. be.t rbat i. gooa ava rbat i. erit rbite
peopte /vor vot.

1his ·erse shows that Muslim did not íight íor the bootv. 1hev were
too weak to carrv out the struggle against the might íorces oí the
idolaters that were bent upon their destruction. and also thev disliked
war. loreign critics oí the historv oí the ad·ent oí Islam are quite
mistaken to pretend that the Prophet had now at Medina, to resort to
the sword to accomplish what is preaching at Mecca had íailed to do
1
,.

It is to be borne in mind that not a single instance is recorded in the
whole oí the Prophet`s historv showing the con·ersion oí an unbelie·er
under the pressure oí the sword. not a single instance is recorded oí an

1
( ) Vide Wherry’s Commentary.
160
expedition being undertaken to con·ert a people. Ií e·er in the world`s
historv a people were compelled to íight in deíence oí a grand cause. no
nobler instance oí it could be gi·en than that oí the Prophet Muhammad
with his íew íaithíul íollowers bra·ing the whole oí Arabia in the midst
oí enemies. who had taken the sword to annihilate them íor no other
reason than that thev were holders oí the cause oí the Unitv oí God. 1he
injunction upon Muslims to íight is but an injunction to íight to end
persecution and to establish religious íreedom and to sa·e the houses oí
worship oí e·erv true religion írom being ruined. 1his noble object is
made quite clear bv ·erse 40 oí (hapter XXII. oí which the íollowing is
a rendering:

)bo.e rbo bare beev e·pettea trov tbeir bove. ritbovt a iv.t cav.e e·cept
tbat tbey .ay: Ovr íora i. .ttab`. Certaivty tbere rovta bare beev ae.troyea
ctoi.ter. ava cbvrcbe. ava .yvagogve. ava vo.qve. rbere .ttab`. vave i.
vvcb revevberea .bovta Coa baa vot evioivea vpov tbe betierer. aetev.ire rar
agaiv.t tbe per.ecvtiov ot aggre..ire peopte ava .vrety ritt .ttab gravt rictory
to tbo.e rbo aeteva íi. cav.e. Mo.t .vrety Coa i. Migbty ava Porertvt.

1his ·erse ought to remind those íoreign malignant critics who
charge Islam oí being a religion oí íanaticism that the religious íreedom
which was established bv Islam in a countrv like idolatrous Arabia o·er
íourteen hundred vears ago has not vet been surpassed bv the most
ci·ilized and tolerant oí nations. It is noticeable that the li·es oí belie·ers
are to be sacriíiced not onlv to stop their own persecution bv their
opponents and to sa·e their own mosques. but to sa·e churches.
svnagogues and cloisters as well: in íact. to establish religious íreedom
against anv persecution or oppression bv iníidels and idolaters. No other
religious teacher had taught that noble principle. Muslims closelv
íollowed these directions. and e·erv commander oí anv armv had
express orders to respect all houses where God was worshipped and
e·en the cloisters oí monks. along with their inmates.

In (hapter IX. ·erse 29. we read the íollowing interpreted injunction:
íigbt tbo.e rbo betiere vot iv Coa. vor iv tbe aay ot ivagvevt. vor ao tbey
probibit rbat Coa ava íi. .po.tte bare probibitea vor ac/vorteage tbe
retigiov ot )rvtb. avovg tbo.e rbo rere girev tbe ´criptvre. t¡er. ava
Cbri.tiav.)vvtit tbey pay tbe ii.ia ritb rittivg .vbvi..iov ava teet tbev.etre.
.vbavea.

ii.ia in Arabic stands íor a poll-tax le·ied írom those who were
·anquished bv the Muslim deíensi·e íorces and vet did not accept to
embrace Islam. but were willing to li·e under the protection oí the
161
Muslims. and were thus tacitlv willing to submit to the rulings oí the
Muslim state. sa·ing onlv their personal libertv oí conscience as regarded
themsel·es. 1here was no account íixed íor the ii.ia. and in anv case it
was merelv a svmbol. an acknowledgement that those whose religion was
tolerated would in their turn not interíere with the preaching and
progress oí Islam.
ívav ´bat`i suggests one dinar a vear íor the poll-tax. about halí a
so·ereign. 1he tax. howe·er. ·aried in amount and there were
exemptions íor the poor. íor íemales and children and íor sla·es. ií anv.
and íor monks and hermits. 1he ii.ia. being a tax on able-bodied males
oí militarv age. it was in a sense a commutation íor militarv ser·ice. It
was partlv svmbolic and partlv a commutation íor militarv ser·ice. but as
the amount was insigniíicant and the exemptions numerous. in svmbolic
character predominated.

As to the directions gi·en to the Muslims to íight the íollowers oí the
scriptures. the subject requires some explanation.

1he last word on the wars with idolaters oí Arabia ha·ing been said.
the ·erse under consideration introduces the subject oí íighting with the
íollowers oí the Book. 1hough the Jews had íor a long time assisted the
idolaters in their struggle to uproot Islam. the great (hristian power oí
the Roman Lmpire had onlv just mobilized its íorces íor the subjection
oí the new religion. and the 1abouk expedition íollowed. which
constitutes the subject-matter oí a large portion oí what íollows in this
(hapter IX oí the Koran. 1he object oí this (hristian mobilization was
simplv the subjection oí the Muslims. 1he Koran neither required the
idolaters to be íorced to accept Islam. nor did it require the Muslims to
compel the (hristians to embrace the new religion. 1hev. on the other
hand. had determined to compel the Muslims to gi·e up Islam and to
bring them under subjection. 1hereíore. the orders gi·en to the
Muslims to íight the people oí the Scriptures as mentioned in the abo·e
·erse was merelv gi·en with a ·iew to sa·e the religion írom the
threatening oppression oí the (hristian íorces and to repel the latter.
1he íollowers oí the Scripture are described in the ·erse as not belie·ing
in God and the dav oí resurrection as long as thev do not íollow the
religion oí 1ruth . because thev do not attribute to Allah the períect
attribute oí lis Unitv bv ascribing to lim a son. and do not understand
the real nature oí liíe aíter death when e·erv soul will be punished íor
anv e·il deed committed in this world. It mav also be added that the
permission or order to íight. as gi·en to the Muslims. is subject alwavs
to the condition that the enemv should íirst take up the sword. íigbt tor
tbe cav.e ot Coa ritb tbo.e rbo tigbt ritb yov II-190,1he Prophet ne·er
162
o·erstepped this limit. le íought against the Arabs when thev took up
the sword to destrov the Muslims. and he led an expedition against the
(hristian when the Roman Lmpire had íirst mobilized its íorces with
the object oí subjugating the Muslims. And so scrupulous was he that
when he íound that the enemv had not vet taken the initiati·e but
desisted. he did not attack the Roman íorces. but returned with his
expedition without íighting.

1he íollowing ·erse throws íurther light on the con·iction that the
Islamic Institution oí religious wars is exclusi·elv deíensi·e. with the
object oí repelling anv aggression. persecution and encroachment carried
bv the parties oí unbelie·ers. 1hus ·erse 39 - VIII instructs the Muslims
as íollows:

.va tigbt ritb tbev vvtit tbere i. vo vore per.ecvtiov ava retigiov ot
.ttab .batt bare beev .otety e.tabti.bea. ßvt it tbey - tbe per.ecvtor. - ae.i.t
trov tigbtivg tbe Mv.tiv. yov vv.t at.o ae.i.t. tor Coa rerara. vev accoraivg
to tbeir aeea.. tor íe regara. ava /vor. att tbat i. beivg aove.

Now we ha·e to quote a íew traditions oí the Prophet on the subject
oí ¡ibaa on which a whole chapter is dedicated in the authentic books oí
ladith. especiallv those collections oí the De·ine Imams Al-Bukhari and
Muslim.

1he Prophet is recorded to ha·e said:
Coa i. .pov.or tor biv rbo goe. tortb to tigbt iv aetevce ot tbe cav.e ot
Coa. ít be be vot /ittea. be .batt retvrv bove ritb bovovr. ava rerara. ava
booty. bvt it be be /ittea iv tbe battte be .batt be ta/ev to paraai.e.
í .rear by Coa í .bovta ti/e to be /ittea iv battte iv aetevce ot tbe cav.e
ot Coa ava be agaiv brovgbt to tite. tbev be /ittea ava brovgbt to tite agaiv.
tbev be /ittea agaiv ava brovgbt to tite. .o tbat í vay obtaiv ver rerara.
trov Coa erery tive.

íe rbo a..i.t. avotber ritb arv. to tigbt iv aetevce ot tbe cav.e ot Coa i.
a. a cbavpiov ava i. .barer ot Coa`. rerara.. .va be rbo .tay. bebiva tbeivg
pby.icatty or otberri.e vvabte to ta/e actire part iv battte) to ta/e cbarge ot tbe
tavity ot tbe rarrior i. erev a. a cbavpiov iv rar.

)bi. retigiov tot í.tav) ritt erer be e.tabti.bea. erev to tbe aay ot
re.vrrectiov. a. tovg a. Mv.tiv. ao tigbt iv aetevce ot it.
ßeivg /ittea iv aetevce ot tbe cav.e ot Coa corer. att .iv. e·ceptivg tbe .iv
ot aebt it aetiberatety vot retvvaea.
163
íe rbo aie. ava ba. vot erev .aia iv bi. beart: !ovta to Coa í rere a
cbavpiov tbat covta aie rbite aetevaivg tbe cav.e ot Coa.` i. erev a. a
bypocrite ti.e. vot av earve.t betierer).
Cvaraivg tbe trovtier. ot í.tav tor erev ove aay i. e·ceeaivgty veritoriov.
ritb Coa.
)be bett tire .batt vot tovcb tbe teg. ot biv rbo .batt be corerea ritb tbe
av.t ot battte·titea rbite tigbtivg tor tbe cav.e ot Coa t
]
)
Retigiov. rar i. pervavevtty e.tabti.bea vvtit tbe aay ot ivagvevt
tveavivg tbe oraivavce re.pectivg ¡ibaa)t
2
)

Observance of Jihad
1he sacred injunction concerning religious war iibaa is suííicientlv
obser·ed when it is carried on bv anv one partv or tribe oí Muslims. and
it is then no longer oí anv íorce with respect to the rest. 1he obser·ance
in the degree abo·e mentioned suííices. because war is not a positi·e
injunction. as it is in its nature murderous and destructi·e. and is
enjoined onlv íor the purpose oí repelling aggression or persecution
started bv non-belie·ers against the due ad·ancement oí Islam or íor
crushing its message: and when this end oí deíending the cause is
answered bv anv single tribe or partv oí Muslims making war. the
obligation is no longer binding upon the rest. in the same manner as the
pravers íor the dead. when answered bv some Muslims. thev are no
longer binding on the rest. Ií. howe·er. no Muslims were to make war in
deíence oí actual oppression against the cause oí God. the whole oí the
Muslim communitv would incure the criminalitv oí neglecting it.

Chapter XXXI - Misconception of
The Duty of Jihad
·erv great misconception pre·ails in the \est with regard to the
Islamic injunction oí iibaa.
In a statement bv Dr. A.B. Macdonald in the ¨ívcyctopeaia ot í.tav¨
on the article oí iibaa. we íind that the writer goes e·en as íar as to begin
his article thus:
"1he spread oí Islam bv arms is a religious dutv upon Muslims in
general": as ií ¡ibaa meant not onlv war but was undertaken íor the
propagation oí Islam.
Another eminent (hristian writer makes a similar statement. ¨¡ibaa¨ -
he writes - "means the íighting against unbelie·ers with the object oí

(
1
) “Hidaya” Book of Traditions, Chapter on “Jihad”.
(
2
) Vide “Authentic Collections of Traditions”, by Divine Imams Al-Bukhari,
Muslim, etc., in Chapter on “Jihad”.
A
164
either winning them o·er to Islam. or subduing and exterminating them
in case thev reíuse to become Muslims: and the causing oí Islam to
spread and triumph o·er all religions is considered a sacred dutv oí the
Muslim nation
1
,

It is reallv a great pitv that such learned scholars had not taken the
trouble to consult an ordinarv dictionarv oí the Arabic language. so that
thev could ha·e a·oided such glaring misrepresentation. Jihad` in
Arabic means the exerting oí one`s utmost power in repelling an enemv.
It is oí three kinds. ri.. tbe carrivg ov ot .trvggte:
1- against a ·isible enemv
2- against the temptation oí the de·il
3- against one`s own passions.

In language ¡ibaa is íar írom being svnonvmous with war. while the
meaning oí war undertaken íor the propagation oí Islam which is
supposed bv \estern writers to be the signiíicance oí ¡ibaa. is unknown
equallv to the Arabic language and to the teachings oí the lolv Koran.
1here is pre·alent conception that at Mecca the lolv Koran
enjoined patience. but when at Madina when the Muslims became
somewhat in power, ¡ibaa were two contradictorv attitudes. 1he error
oí this ·iew is clearlv shown bv ·erse 110 oí (hapter XVI which was
re·ealed at Mecca: it enjoins patience and ¡ibaa in the same breath:

Coa tbe att·Mercitvt ava íorgirivg .batt bte.. tbo.e rbo evigrate ttrov
Mecca) atter tbey are per.ecvtea. tbev .trvggte bara taaopt ¡ibaa) ava are
patievt

It should be noted that the Jihad spoken oí here is certainlv not in
connection with the íighting. íor the ·erse was re·ealed at Mecca. when
the belie·ers began to emigrate to Medina. so that thev mav not again be
aíílicted bv the Meccan idolaters.

Islam Was Not Spread By Force
1he propagation oí Islam is no doubt a religious dutv incumbent
upon e·erv true Muslim who must íollow the example oí the Prophet.
but the spread oí Islam bv íorce is a thing oí which no trace can be
íound either in the lolv Koran or in the traditions oí the Prophet. í.tav
i. agaiv.t aggre..iov. .avctiov i. girev tor rar ovty iv .ett·aetevce


(
1
) Dr. Klein’s article on “Jihad” in the “Review of the Religion of Islam”
165
¨íigbt iv aetevce ot tbe cav.e ot Coa agaiv.t tbo.e rbo attac/ yov begiv ye
vo bo.tititie.. 1erity Coa toretb vot tbe aggre..or.. .va it tbey ttbe evevie. ot
í.tav) ivctive torara. peace ivctive tbov ttbe Propbet) at.o to peace. ava bare
trv.t iv Coa¨ VIII -61,.

1here is not the least ground íor the oít-repeated allegation that
Islam is intolerant and was propagates bv the sword. 1he Koran states
clearlv: ¨)bere i. vo covpvt.iov iv retigiov.¨ and the reason is added : "tbe rigbt
covr.e i. ctearty ai.tivct trov tbe rrovg ove II-256,. It was onlv when the
Muslims' libertv and particularlv their íreedom oí worship was
threatened and actuallv attacked that Islam seized the sword in selí-
deíence as it will e·er do. But Islam ne·er interíered with the dogmas oí
anv moral íaith. It ne·er in·ented the rack or the stake íor stiíling
diííerence oí opinion. or strangling human conscience. or exterminating
heresv.

Fearful Wars of The Christian
Clovis
It has been alleged that a warlike spirit was iníused into mediae·al
(hristianitv bv Islam. 1he massacres oí Justinian. the Bvzantine Lmperor
52¯-562, and the íearíul wars oí the (hristian (lo·is 466-511, in the
names oí religion occurred long beíore the time oí the Prophet
Muhammad. 1he conduct oí the (hristian (rusaders when thev captured
Jerusalem pro·ided a striking contrast to the beha·iour oí the Muslims
when thev occupied the citv 600 vears earlier.

\hen the Khaliía 'Omar took Jerusalem A.D. 63¯, he rode into the
citv bv the side oí the Patriarch Sophronius. con·ersing with him on its
antiquities. At the hour oí praver. he declined to períorm his de·otions
in the church oí Resurrection. in which he chanced to be. but praved on
the steps oí the (hurch oí (onstantine: "íor." said he to the Patriarch.
"had I done so i.e. had he períormed his pravers inside the (hurch,. the
Muslims in a íuture age might ha·e iníringed the treatv under colour oí
imitating mv example." But in the capture bv the (hristian (rusaders. the
brains oí voung children were dashed out against the walls: iníants were
pitched o·er the battlements: men were roasted at íires: some were
ripped up to see ií thev had swallowed gold: the Jews were dri·en into
their svnagogue and there burnt: a massacre oí nearlv ¯0.000 persons
took place. and the Pope's legates were seen partaking in the triumph!
1
,.


(
1
) Draper's "History of the Intellectual Development of Egypt", Vol. II.
166
\hen the Roman Lmperor embraced (hristianitv. the population oí
the whole Roman Lmpire. including Lgvpt. was bv decree íorced to
renounce all other religions and adopt (hristianitv: but it was until aíter
íi·e hundred vears oí Muslim rule in Lgvpt that. as the result oí peaceíul
con·ersion. the Muslims íormed onlv 50 per cent oí the total population.
including the Arab departing hosts.


Chapter XXXII - Payment of Tribute
Called "Jizia"
orign writers on Islam ha·e generallv assumed that while the Koran
oííered one oí the alternati·es. Islam or death. to other non-
Muslims. the Jews and (hristians were gi·en a somewhat better position
since thev could sa·e their li·es bv the pavment oí a tax known as ii.ia.
1his conception oí ii.ia. as a kind oí religious tax oí which the pavment
entitled certain non-Muslims to securitv oí liíe under the Muslim rule. is
as entirelv opposed to the íundamental teachings oí Islam. as is the mvth
that the Muslims were required to carrv on aggressi·e wars against all
non-Muslims till thev had accepted Islam. 1ributes and taxes were le·ied
beíore Islam. and had been le·ied to this dav bv Muslim and non-Muslim
states. vet thev had nothing to do with the religion oí the people
aííected. 1he Muslim State was as much in need oí íinance to maintain
itselí as anv other State in the world. and it resorted to exactlv the same
methods as those emploved bv other States. All that happened in the
time oí the Prophet was that certain small non-Muslim states were. when
subjugated. gi·en the right to administer their own aííairs. but onlv ií
thev would pav a small sum bv wav oí tribute towards the maintenance
oí the central go·ernment at Medina. It was an act oí great magnanimitv
oí the Prophet to coníer complete autonomv on a people who raised war
against the Muslims but were ultimatelv conquered bv them. and a paltrv
sum oí tribute ii.ia) in such conditions was not a hardship but a boon.
1here was no interíerence at all with their administration. their own laws.
their customs and usages. or their religion and. íor the tribute paid. the
Muslim state undertook the responsibilitv oí protecting these small states
against all enemies.

1here are cases on record in which the Muslim state returned the
ii.ia. when it was unable to aííord protection to the people under its
care. 1hus when the Muslim íorces under the Muslim commander Abu-
'Ubaida were engaged in a struggle with the Roman Lmpire at Svria. thev
were compelled to beat a retreat at loms. which thev had pre·iouslv
conquered. \hen the decision was taken to e·acuate loms. Abu-
l
167
'Ubaida sent íor the chieís oí the place and returned to them the whole
amount which he had realized as ii.ia. saving that as the Muslims could
no longer protect them. thev were not entitled to the pavment oí ii.ia
1
,.
It íurther appears that exemption írom militarv ser·ice was granted
onlv to such non-Muslims as wanted it. íor where a non-Muslim people
oííered to íight the battles oí the countrv thev were exempted írom ii.ia.
the Bani-1aghlib and the people oí Najran. both (hristians. did not pav
the ii.ia
2
,. Indeed. the Bani-1aghlib íought alongside with the Muslim
íorces in the battle oí Buwaib in 13 A.l. Later on. in the vear 16 A.l.
thev wrote to the Khaliía 'Omar oííering to pav the .a/at the legal alms,
which was a hea·ier burden. instead oí the ii.ia. "1he liberalitv oí
"Omar." writes Sir Muir in his ´Catipbate´. "allowed the concession. and
the Bani 1aghlib enjoved the singular pri·ilege oí being assessed as
(hristians as a double title instead oí paving the obnoxious badge oí
subjugation"
3
,.

lrom the íoregoing. it is quite clear the ii.ia was le·ied not as a
penaltv íor reíusal to accept the íaith oí Islam. but it was paid in return
íor protection gi·en to non-Muslims bv the Muslim armv. to which thev
were not compulsorilv conscripted like the Muslims 1his tribute was
le·ied onlv on able-bodied men and not on women or children. the aged
and the indigent. the blind and the maimed were speciallv exempted as
were the priests and the monks.

Islam, Jizia or The Sword
It is generallv though that the Muslims were out to impose their
religion at the point oí the sword. and that the Muslim hosts were
o·errunning all lands with the message oí Islam. ii.ia or the sword. 1his
is. indeed. a distorted picture oí what reallv happened. 1he íace that
there were people who ne·er became Muslims at all. nor e·er paid ii.ia.
and vet were li·ing in the midst oí the Muslims. e·en íighting their
battles. explodes the whole theorv oí the Muslims oííering Islam or the
ii.ia or the sword. 1he truth oí the matter is that the Muslims íinding the
Roman Lmpire and Persia bent upon the subjugation oí Arabia and the
extirpation oí Islam. reíused to accept terms oí peace without a
saíeguard against a repetition oí the aggression and this saíeguard was
demanded in the íorm oí ii.ia or a tribute. which would be an admission

(
1
)Al-Sira Al-Halabiya, a standard book on "The Life of the Prophet"; Ibn Hisham,
Al-Tabari.
(
2
)Vide Encycl. of Islam.
(
3
) Mair's "Caliphate", p. 142. "The Preaching of Islam", by Sir Thomas Arnold, p.
60.
168
oí deíeat on their part. No war was e·er started bv the Muslims bv
sending this message to a peaceíul neighbour or otherwise. listorv
contradicts such an assertion. But when a war was undertaken on
account oí the enemv's aggression his ad·ance on Muslim territorv or
help rendered to the enemies oí the Muslim state - it was onlv natural íor
the Muslims not to terminate the war beíore bringing it to a successíul
issue. thev were e·er willing to a·oid íurther bloodshed aíter inílicting a
deíeat on the enemv. onlv ií he admitted deíeat and agreed to pav a
tribute. which was reallv a token tribute as compared with the crushing
war indemnities oí the present dav. 1he oííer to terminate hostilities on
pavment oí ii.ia was thus an act oí mercv towards a ·anquished íoe. But
ií the token tribute was not accepted bv the ·anquished power. the
Muslims could do nothing but ha·e recourse to the sword until the
enemv was completelv subdued.

1he onlv question that remains in whether the Muslim soldiers in·ited
their enemies to accept Islam: and whether it was an oííence ií thev did
so. Islam was a missionarv religion írom its ·erv inception. and e·erv
Muslim deemed it his sacred dutv to in·ite other people to embrace
Islam. 1he en·ovs oí Islam. where·er thev went. looked upon it as their
íirst dutv to spread the message oí Islam. because thev íelt that Islam
imparted a new liíe and ·igour to humanitv. and oííered a real solution
oí the problems oí e·erv nation. Islam was oííered. no doubt. e·en to
the íighting enemv. but it is a distortion oí íacts to assume that it was
oííered at the point oí the sword. when there is not a single instance on
record oí Islam being eníorced upon a prisoner oí war. nor oí Muslims
sending a message to a peaceíul neighbouring people to the eííect that
thev would be in·aded ií thev did not embrace Islam. All that is recorded
is that in the midst oí war and aíter deíeat had been inílicted on the
enemv in se·eral battles. when there were negotiations íor peace. the
Muslims in their zeal íor the íaith related their own experience beíore the
chieís oí the enemv. 1hev stated how thev themsel·es had been deadlv
íoes to Islam. and how ultimatelv thev íound Islam to be a blessing and a
power that had raised the Arab race írom the depth oí degradation to
great moral and spiritual heights. and had welded their warring elements
into a solid nation. In such words did the Muslim en·ovs in·ite the
Persians and the Romans to Islam. not beíore the declaration oí war but
at the time oí negotiations íor peace. Ií the enemv then had accepted
Islam. there would be no conditions íor peace. and the two parties would
li·e as equals and brethren. It was not oííering Islam at the point oí the
sword but oííering it as a harbinger íor peace oí equalitv and oí
brotherhood. 1he earlv Khaliías had to wage wars. but these wars were
ne·er aggressi·e nor were thev raised íor the desire oí propagating the
169
íaith oí Islam bv íorce. 1hev could not do anvthing which their Prophet
ne·er did. and which the lolv Koran ne·er taught them to do.

Directions Relating to War
1he íollowing instructions were gi·en bv the Prophet to the troops
dispatched against the Bvzantine íorce who threatened to in·ade the
Muslims:
"In a·enging the injuries inílicted upon us molest not the harmless
inmates oí domestic seclusion: spare the weakness oí íemale sex: injure
not the iníant at the breast. or those who are ill in bed. Abstain írom
demolishing the dwellings oí the unresisting inhabitants: destrov not the
means oí their subsistence. nor their íruit trees and touch not palm"
1
,.

1he Khaliía Abu-Bakr also ga·e the íollowing instructions to the
commander oí an armv in the Svrian battle:

"\hen vou meet vour enemies quit voursel·es like men. and do not
turn vour backs: and ií vou gain the ·ictorv. kill not the little children.
nor old people. nor women. Destrov no palm-trees. nor burn anv íields
oí corn or wheat. cut down no íruit trees. nor do anv mischieí oí cattle.
onlv such as vou kill íor the necessitv oí subsistence. \hen vou make
anv co·enant or treatv. stand to it. and be as good as vour word. As vou
go on. vou will íind some religious persons who li·e retired in
monasteries and who propose to themsel·es to ser·e God that wav. Let
them alone. and neither kill them nor destrov their monasteries."
2
,.

Similar instructions were gi·en bv the succeeding Khaliías to their
respecti·e commanders oí the troops. all tending to the treatment oí the
hostile enemies with justice and mercv.

Treatment of The Prisoners of War
Ií the wars. during the time oí the Prophet or earlv Khaliías had been
prompted bv a desire oí propagating Islam bv íorce. this object could
easilv ha·e been attained bv íorcing Islam upon prisoners oí war who íell
helpless at the hands oí the Muslims. \et this the lolv Koran does not
allow: but on the contrarv it expresslv lavs down that prisoners oí war
better be set íree. 1o this eííect we read in the lolv Koran the íollowing
instruction

(
1
) Mair's "Caliphate", p. 142. "The Preaching of Islam", by Sir Thomas Arnold, p.
60.
(
2
)cf. Ibn Hisham, Al-Tabari, etc.
170
·'.· ·. · .·.-' · ¸- .· ..· ¯ ¸ ., ·,·
·' .- ·. ¸- .· ·' · · .
¨!bev tbe Mv.tiv. veet iv battte tbo.e bo.tite ai.betierer. tbey bare to /itt
tbev iv battte. ßvt rbev tbe Mv.tiv. bare orercove tbe evevie. tbey baa to
va/e tbev pri.over. ot rar: ava atterrara. eitber .et tbev tree a. a tarovr or
tet tbev rav.ov tbev.etre. vvtit tbe rar tervivate.¨ XLVII : 4, 4¯:4.

lere we are told that prisoners oí war can onlv be taken aíter meeting
an enemv in regular battle. and e·en in that case thev mav either be set
íree. as a ía·our. or aíter taking ransom. 1he Prophet carried this
injunction during his liíetime. In the battle oí lunain. six thousand
prisoners oí the lawazin tribe were taken. and thev all set íree simplv as
an act oí ía·our
1
,. A hundred íamilies oí Bani Mustaliq were taken as
prisoners in the battle oí Mura'isi. and thev were also set at libertv
without anv ransom being paid
2
,. Se·entv prisoners were taken in the
battle oí Bader. and it was onlv in this case that ransom was exacted: but
the prisoners were granted their íreedom while war with the Koraishites
was vet in progress
3
,.

1he íorm oí ransom adopted in the case oí these prisoners was that
thev should be entrusted with teaching some oí the illiterate Arab
Muslims how to read and write.
4
,. \hen war ceased and peace was
established. all war prisoners would ha·e to be set íree. according to the
·erse quoted abo·e.

Prisoners of War Not Slaves
1he treatment accorded to prisoners oí war in Islam is unparalleled.
No other nation or societv can show a similar treatment. 1he golden rule
oí treating the prisoner oí war like a brother was laid down bv the
Prophet:

¨)bey are yovr bretbrev. .ttab ba. pvt tbev vvaer yovr bava. .o
rbo.oerer ba. bi. brotber vvaer bi. bava. tet biv gire biv to eat rbereot be
biv.ett eat. ava tet biv gire to rear rbat be biv.ett rear.. ava ao vot ivpo.e
ov tbev a ror/ tbey are vot abte to ao. ava it yov gire tbev .vcb a ror/. tbev
betp tbev iv tbe e·ecvtiov ot it¨ t
:
)

(
1
)Vide Sahih Al-Bukhari, 40 : 7.
(
2
)Ibn Jarir, Tabari's History III : op. 132, Cairo Edition.
(
3
)Ibn Jarir, Vor. III, P. 66.
(
4
)Musnad ibn Hanbal, I : 247; "Sharhul-Mawahib", by Al-Zurqani, Vol. I : 534.
(
5
)Al-Bukhari, 2-22.
171

1he prisoners were distributed among the ·arious Muslim íamilies as
no arrangements íor their maintenance bv the state existed at the time.
but thev were treated merciíullv. A prisoner oí war states that he was
kept in a íamilv whose people ga·e him bread while thev themsel·es had
to li·e on dates
1
,.

Prisoners oí war were. thereíore. not onlv set íree but so long at thev
were kept prisoners thev were treated generouslv.

War as a Struggle to Be Carried
on Honestly
It will be seen írom the íoregoing statements concerning the
injunctions relating to war and peace. that war is recognized bv Islam as a
struggle between nations which is sometimes necessitated bv the
conditions oí human liíe. But Islam does not allow its íollowers to
pro·oke war. nor does it allow them to be aggressors. vet it commands
them to put their whole íorce into the struggle when war is íorced on
them. Ií the enemv wants peace aíter the struggle has begun. the
Muslims should not reíuse. e·en though there is doubt about the
enemv`s honestv oí purpose. But the struggle. so long as it exists. must
be carried on to the end. In this struggle. honest dealing is enjoved e·en
with the enemv throughout the lolv Koran ·erse 2. (hapter V. runs
thus:
¸· .· . · .' ·- -' ¸· .¯. .' ·.· .· .´·- .
.· ·. ¸· .·. ..
.va tet vot batrea ot a peopte ivcite yov to e·ceea tbe proper tivit.: ava
betp ye ove avotber iv gooave.. ava piety . ava ao vot betp ove avotber iv .iv
ava aggre..iov.

Again ·erse 8 oí the same (hapter reads thus:
tet vot batrea ot a peopte ivcite yov vot to act eqvitabty: .ee tbat yov act
eqvitabty. tbat i. vearer to piety.

1he tradition oí the Prophet too enjoins honest dealing in war:
íigbt ava ao vot e·ceea tbe tivit. ava be vot vvtaitbtvt ava ao vot
vvtitate boaie. ava ao vot /itt cbitarev
2
,

(
1
)Al-Tabari's History, Vol. 2-287.
(
2
) “ Imam” Muslim’s Collection of Hadith, Vol. 3 : 32.
172

Such are some oí the directions gi·en which puriív war oí the
elements oí barbaritv and dishonestv in which western warring nations
generallv indulge. Neither in human nor immoral practices are allowed
bv Islam in war or peace.




PART VII- SPIRITUAL ASPECT OF
ISLAM
Chapter XXXIII - The Treasures
of Happiness
an was mar·elouslv created. not in jest or at random. but íor
some great end. Although he is not írom e·erlasting. he li·es íor
e·er. and though his bodv is mean and earthlv. his spirit is loítv and
di·ine. \hen in the crucible oí abstinence he is puriíied írom carnal
passions which he attains at the highest. and in place oí being a sla·e to
lust and anger he becomes giíted with angelic qualities. Attaining that
state he íinds his real happiness in the contemplation oí Lternal Beautv
and no longer in sexual delights. 1he spiritual medicine which heals írom
earthlv passions is not to be brought with gold or monev. It is to be
sought in the hearts oí prophets: its methods oí operation are explained
to people bv instructions gi·en and practical liíe led bv the messengers oí
God. 1he lo·ing (reator has sent ·arious messengers to teach men the
prescription oí this cure and how to puriív their hearts írom baser
qualities in the crucible oí abstinence. In íact. men will íind íree treasures
oí happiness open beíore them once thev turn awav írom the word oí
God. and it is to help them to do so that Islam has íormed itselí also into
a moral science.

1he constituents oí the Islamic medicine are numerous. but thev can
be reduced to six exponents. namelv:
1- 1he knowledge oí selí.
2- 1he knowledge oí God.
3- 1he knowledge oí this world.
4- 1he knowledge oí the next world.
5- 1he stages oí man`s de·elopment.
6- Selí-examination. the recollection and lo·e oí God.

M
173
\e shall now proceed to explain these exponents hereinaíter as
brieílv as possible.

1- The knowledge of self.
Nothing is nearer to man than himselí. and ií he knows not himselí
he cannot know anvthing else. Knowledge oí selí is the kev to the
knowledge oí God: the Prophet savs: íe rbo /vor. biv.ett rett /vor.
Coa. In the Koran we read:
,- ·' .· ¸- ..' · ··. · ¯ .. .
Coa ritt .bor vev íi. .igv. iv tbe rorta ava iv tbev.etre. tbat tbe
trvtb vay be vavite.t to tbev XLI-53,
Now ií one savs I know mv selí` meaning his outward shape. bodv.
íace. limbs and so íorth. such knowledge can ne·er be a kev to the
knowledge oí God or the truth. Nor ií man`s knowledge as that which is
within onlv extends so íar that when he is angrv he attacks. will he
progress anv íurther in this path. íor the beasts are his partners in this
capacitv.
Real selí-Knowledge consists in sol·ing the íollowing problems:
\hat is man in himselí and írom whence he is come· \hether is he
going. and íor what purpose has he come to tarrv here a while. and in
what does his real happiness and miserv consist·

Some oí man`s attributes are those oí animals. some de·ils. and
some oí angles. and he has to íind out which oí these attributes are
accidental and which are essential. 1ill he knows this. he cannot come to
a real knowledge oí himselí.

1he occupation oí animals is eating. sleeping and íighting.
1hereíore. ií man is an animal. let him busv himselí in these things.
De·ils are busv in stirring up mischieí. and in guile and deceit: ií he
belongs to their species let him do their work. Angles contemplate the
beautv oí God. and are entirelv íree írom animal qualities: ií he is oí
angelic nature . then let him stri·e towards his own origin. that he mav
know and contemplate God. and he deli·ered írom the animal thralldom
oí pa..iov and avger. le should also disco·er whv he has been created
with these two animal instincts. \hether thev should subdue him and
lend him capti·e or whether he should subdue them. and in his upward
progress. make oí one his steed and oí the other his weapon.

1he íirst step oí man`s knowledge is to know that he is composed oí
an outward shape. called the bodv and inward entitv called the heart. or
soul. Bv heart` is not meant the piece oí ílesh resting at the leít oí our
174
bodies. but that which uses all other íaculties as its instruments and
ser·ants. In truth. it does not belong to the ·isible world as a tra·eler
who ·isits a íoreign countrv íor the sake oí trade and will presentlv
return to his nati·e land. 1he knowledge oí his entitv and its attributes is
the kevnote to the knowledge oí God. 1o this the lolv Koran savs:
.·, . ¸. ¸- .-·
!e tCoa) bare vot createa ¡ivv ava Mev bvt tbat tbey .bovta .erre
Me tava obey íi. Me..evger) LI-56,



)be Reatity ot tbe íeart
Some idea oí the realitv oí the heart or spirit mav be obtained bv a
man closing his eves and íorgetting e·ervthing around except his
indi·idualitv. le will thus obtain a glimpse oí the unending nature oí
that indi·idualitv. An exact philosophical knowledge oí the heart or spirt
is not necessarv preliminarv to stri·ing in the path oí God. but comes
rather as the result oí selí-discipline. and perse·erance in that path. as it
is taught in the Koran:
- ·' = .' ... ,· ·- ¸ .
)bo.e rbo .trvggtea tbev.etre. tor Coa`. .a/e. !e ritt .vrety gviae tbev
to |.. )bey barivg beev rigbteov. ava .ttab tore. tbe rigbteov. XXIX-69,
1hus. much is known oí the heart that it is an indi·isible essence
belonging to the word oí decree. and that it is not írom e·erlasting. but a
created spiritual entitv.

lor the carrving on oí this spiritual struggle bv which the knowledge oí
oneselí is to be obtained. the bodv mav bv íigured as a kingdom. the
soul as its king. and the diííerent senses and íaculties as the king`s armv.
Reason mav be called the minister. passion the re·enue-collector. and
anger the police -oííicer. Under the pretext oí collecting re·enue .
passion is continuallv prone to plunder on its own account. while anger.
the police-oííicer is alwavs inclined to harshness and extreme s·eritv.
Both oí these two the re·enue -collector and the police oííicer. ha·e to
be kept in due subordination to the king. but not killed or expelled. as
thev ha·e their own proper íunctions to períorm. But ií passion
predominates reason. the ruin oí the soul insubitablv ensues.

Man's Highest Faculty.
A soul which allows its lower íaculties to master the higher is as one
who should commit one's wealth to the custodv oí the thie·es. or his
175
onlv son to the care oí base. wicked ser·ants. 1he aim oí Islamic
discipline is but to puriív the heart írom the lust oí passion and
resentment. till as clear as a mirror. it reílects the light oí God.
It is questionable that man has been created with animal and
demoniac qualities as well as angelic. but it is this latter which constitutes
bi. reat e..evce. while the íormer are merelv accidental and transitorv. 1he
essence oí each creature is to be sought in that which is highest in and
peculiar to it.
lor instance. the horse and the ass are both burden bearing animals.
but the superioritv oí the horse to the ass consists in its being adapted
íor use in battle. Ií it íails in this. it is degraded to the rank oí burden-
bearing animals. Similarlv with man: 1he highest íacultv in him is reason.
which íits him to the contemplation oí God. Ií this íacultv predominates
in him when he dies. he lea·es behind him all tendencies to passion and
resentment. and becomes capable oí association with angels. As regards
his mere animal qualities. man is iníerior to manv animals. but reason
makes him superior to them. lowe·er. ií man's lower tenancies ha·e bee
triumphant. aíter death he will e·er be looking toward the earth and
longing íor worldlv delights.

The Power of the Soul
Now the rational soul in man abounds in mar·els both oí knowledge
and power. Bv means oí it he masters arts and sciences. can pass in a
ílesh írom earth to hea·en and back again. can map out the skies and
measure the distances between the stars. Bv it also. he can draw the
biggest íish írom the sea and the remotest birds írom the air. and can
subdue beasts to his ser·ices like the elephant. the camel. the horse and
the like. lis íi·e senses are like íi·e doors opening on the external world:
but. more wonderíul than this. his heart has a window which opens on
the unseen world oí spirits. In the state oí sleep. when the a·enues oí the
senses are closed. this window is opened and man recei·es impressions
írom the unseen world and sometimes íoreshadowings oí the íuture. lis
heart is then like a mirror which reílects what is pictured in the 1able oí
late. But e·en in sleep. thoughts oí worldlv things dull the mirror so that
the impressions it recei·es are not clear. Aíter death. howe·er. such
thoughts ·anish and things are seen in their naked realitv. and the word
oí God is íulíilled:
- ·., ·.· ·.=· :· ´· · ¸· ·· · .¯ .
")bov ra.t beeate.. ot tbi. teva): !e bare vor revorea tbe reit trov yovr eye.
ava .o tby .igbt toaay i. piercivg¨ V - 22,.

176
1his opening oí a window in the heart towards the unseen also takes
place in conditions approaching those oí prophetic inspiration. when
intuitions spring up in the mind uncon·eved through anv sense-channel.
1he more a man puriíies himselí írom carnal passions and concentrates
his mind on God bv strictlv íollowing the teachings oí the Prophet and
abiding bv the instructions oí the Koran,. the more conscious will he be
oí such intuitions. 1hose who are not conscious oí them ha·e no right
to denv their realitv.
Just as iron. bv suííicient polishing. can be made into a mirror. so
anv heart bv due discipline can be rendered recepti·e oí such
impressions. But some hearts are like mirrors so contaminated with rust
and dirt. that thev reílect no clear reílections. while those oí the Prophets
and saints. though thev are men born with human passions. are
extremelv sensiti·e oí all di·ine impressions. 1he Koran reíers to such
contaminated heartv bv saving.
..´ .¯ · .·.· ¸· . ¸ ·¯ .
"^o! ivaeea tbeir beart. rere rv.tea tcovtavivatea) by tbeir tbaa) aeea.¨
LXXXIII - 14,.

1he soul oí man is capable oí holding the íirst rank among created
things. and this not onlv bv reason oí knowledge acquired and intuiti·e.
but also bv reason oí power. Just as angels preside o·er the elements. so
also does the soul rule the members oí the bodv.

The Perception of Truth
Just as no one known the real nature oí God but God limselí. Nor is
this to be wondered at. as in e·ervdav matters we see that it is impossible
to explain the charm oí poetrv to one whose ear is insusceptible to
cadence and rhvthm. or the glories oí colour to one who is stone-blind.
Besides mere capacitv. there are other hindrances to the attainment oí
spiritual truth. One oí these is externallv acquired knowledge. 1o use an
illustration. the heart mav be represented as a well. and the íi·e senses as
íi·e streams which are continuallv discharging water into it.
In order to íind out the real contents oí the heart. these streams
must be stopped íor a time. at anv rate. and the reíuse thev ha·e brought
with them must be cleared out oí the well. in other words. ií we are to
arri·e at pure spiritual truth. we must put awav íor the time anv
knowledge which has been acquired bv external processes and which too
oíten hardens into dogmatic prejudice.
According to Islamic spiritual experience. happiness. the ideal oí
e·erv human being. is necessarilv linked with the knowledge oí God.
Lach íacultv oí ours delights in that íor which it is created. Lust delights
177
in accomplishing desire. anger in taking ·engeance. the eve in seeing
beautiíul objects. and the ear in hearing harmonious sounds. 1he highest
íunction oí the soul oí men is perception oí truth: in this accordinglv it
íinds its special delight. As a matter oí course. the higher the object
matter oí the knowledge obtained. the greater we delight. A man would
be pleased at being admitted the coníidence oí a prime minister. but how
much more ií an emperor makes an intimate oí him and disposes state
secrets to him!
Seeing then that nothing is higher than God. how great must be the
delight which springs írom the knowledge oí lim.
A person in whom the desire íor this knowledge has disappeared is
like one who has lost his appetite íor wholesome íood: all bodilv
appetites perish at death with the organs thev use. but the soul dies not.
and retains what knowledge oí God it possesses. nav. increases it.

An important part oí our knowledge oí God arises room the studv
and contemplation oí our own bodies. which re·eal to us the power.
wisdom. and lo·e oí the (reator. lis power is that írom a mere drop he
has built up the wonderíul írame oí man: his wisdom is re·ealed in its
intricacies and the mutual adaptabilitv oí its parts. and lis lo·e is shown
bv lis not onlv supplving such organs as are absolutelv necessarv íor
existence. as the li·er. the heart. and the brain. but those which are not
absolutelv necessarv. but are added as ornaments. such as the colour oí
the hair. the redness oí the lips. also the evelashes. and the cur·e oí the
evebrow. etc.

The Steed and its Rider
Man has been trulv termed a "microcosm" or a little world in himselí.
and the structure oí his bodv should be studied not onlv bv those who
wish to become phvsicians. but bv those who wish to attain to a more
intimate knowledge oí God. just as a close studv oí the niceties and
shades oí language in a great poem re·eals to us more and more oí the
genius oí its author.
But. when all is said. the knowledge oí the soul plavs a more
important part in leading to the knowledge oí our bodv and its íunctions.
1he bodv mav be compared to a steed and the soul to its rider. the bodv
was created íor the soul. the soul íor the bodv. Ií a man knows not his
own soul. which is the nearest thing to him. how can he ha·e claim to
know others ·
A man who neglects his soul and suííers its capacities to rust or to
degenerate. must necessarilv be the loser in this world and the next. 1o
this the lolv Koran reíers saving:
178
·, ¸.' ¸·' ·-. · ..· ¸·' ·· · .¯ ¸· .
"!boerer i. btiva tiv tbi. rorta). be .batt at.o be btiva iv tbe bereatter
ava iv vore veea ot tigbt to gviae biv¨ XVII - ¯2,.
In another ·erse. the íaithíul. the righteous. and the godlv shall ha·e
light on that dav. while the wicked and the undutiíul will ha·e no light as
ií thev were stone-blind.
.··' ..' .·. ¸· .·.' ·.' . ·. .
¨Ov tbat aay tbov .batt .ee tbe trve betierer. ritb tbeir tigbt .treavivg
betore tbev ava ov tbeir rigbt¨ XVII-13,.

1he true greatness oí man lies in his capacitv íor eternal progress.
otherwise in this temporal sphere he is the weakest oí all things. being
subject to hunger. thirst. heat. cold and sorrow. 1hese things in which he
takes most delight are oíten the most injurious to him. and these things
which beneíit him are not to be obtained without toil and trouble. As to
his intellect. a slight disarrangement oí matter in his brain is suííicient to
destrov or madden him: as to his power. the sting oí a wasp is suííicient
to rob him oí ease and sleep: as to his temper he is upset bv the loss oí a
shilling. In truth. man in this world is extremelv weak and contemptible:
it is onlv in the next world that he will be oí ·alue. ií bv means oí the
Islamic alchemv oí happiness he has risen írom the ranks oí animals to
that oí angels.
Otherwise his condition will be worse than the brutes. which perish
and turn to dust. It is necessarv íor him. at the same time. that he is
conscious oí his superioritv as the climax oí created things. to learn to
known also his helplessness. as that too is one oí the kevs to the
knowledge oí God.

2- The Knowledge of God
le who knows himselí knows God. that is bv contemplation oí his
own being and attributes. man arri·es at some knowledge oí God. But
since manv who con template themsel·es do not íind God. it íollows
that there must be some special wav oí doing so. \hen a man considers
himselí he knows that there was a time when he was non-existent. as it is
written in the Koran:
.¯· ·, ¸´ · · ¸· - .. ¸· ¸' ¸· .
¨Doe. it vot occvr to vav tbat be ra. vot a tbivg tbat covta be .po/ev ot¨
LXXVI-1,.
lurthermore. he knows that he was made out oí a drop oí water in
which there was neither intellect nor hearing. sight. head. hands. íeet. etc.
It is ob·ious that whate·er degree oí períection he might ha·e arri·ed at.
179
he did not make himselí nor could he e·er make a single hair. low
much more helpless. then. was his condition when he was a mere drop
oí water!

Reflection of God's Attributes
1hus. he íinds in his own being reílected in miniature. so to speak.
the power. wisdom. and lo·e oí the (reator. Ií all the sages oí the world
were assembled. and their li·es prolonged íor an indeíinite time. thev
could not eííect anv impro·ement in the construction oí a single part oí
the bodv.
lor instance. in the adaptation oí the íront and side teeth to the
mastication oí íood. and in the construction oí the tongue. sali·arv
glands. and throat íor its deglutition. we ne·er íind a contri·ance which
can be impro·ed upon. Similarlv. whoe·er considers his hand. with its
íi·e íingers oí unequal lengths. íour oí them with three joints and the
thumb with onlv two. and the wav in which it can be used íor grasping.
or íor carrving or íor smiting. will íranklv acknowledge that no amount
oí human wisdom could better it bv altering the number and
arrangement oí the íingers. or in anv other wav.
\hen a man íurther considers how his ·arious wants oí íood.
lodging. etc.. are amplv supplied írom the storehouse oí creation. he
becomes aware that God's mercv is as great as lis Power and \isdom.
according to the Prophet's saving:

·,. · ¸· ·. ¸· ··· ¸· ¸-' = .
¨Coa i. vore tevaer to íi. .erravt. tbav a votber to ber .vc/ivg·cbita.¨

1hus írom his own creation man comes to know God's existence:
írom the wonders oí his bodilv írame. God's power and wisdom. and
írom the ample pro·ision made íor his ·arious needs. God's lo·e.
In this wav. the knowledge oí oneselí becomes a kev to the
knowledge oí God.
Not onlv are man's attributes a reílection oí God's attributes. but the
mode oí existence oí man's soul aííords some insight into God's mode
oí existence. Both God and the soul are in·isible. indi·isible. unconíined
bv space and time. and outside the categories oí quantitv and qualitv.
Nor can the ideas oí shape colour. or size attach to them. People íind it
hard to íorm a conception oí such realities as are de·oid oí qualitv and
quantitv. etc.. but a similar diííicultv attaches to the conception oí our
e·ervdav íeelings. such as anger. pain. pleasure or lo·e. 1hev are
thought-concepts. and cannot be recognized bv the senses. whereas
qualitv. quantitv. etc.. are sense-concepts. Just as the ear cannot take
180
cognisance oí colour. nor the eve oí sound. so in concei·ing oí the
ultimate realities. God and the soul. we íind oursel·es in a region in
which sense-concepts can bear no part. So much. howe·er. we can see
that as God is the Ruler oí the uni·erse. and. being limselí bevond
space and time. quantitv and qualitv. le go·erns things that are so
conditioned. so the soul rules as well the bodv and its members. being
itselí in·isible. indi·isible. and unlocated in anv special part. lrom all this
we see how true is the saving oí the Prophet:
·.. ¸· .. = ,-
"Coa createa vav iv íi. orv ti/eve..¨
Man - a king in Miniature
As we arri·e at some knowledge oí God's essence and attributes írom
the contemplation oí the soul's essence and attributes. so we come to
understand God's method oí working and go·ernment and delegation oí
power to angelic íorces. etc.. bv obser·ing how each oí us go·erns his
own kingdom. 1o take a simple instance: Suppose a man wishes to write
the name oí God. lirst oí all the wish is concei·ed in his heart. it is then
con·eved to the brain bv the ·ital spirits. the íorm oí the word "God"
takes shape in the thought-chambers oí the brain. thence it tra·els bv the
ner·e-channels. and sets in motion the íingers. which in turn set in
action the pen. and thus the name oí "God" is traced on paper exactlv as
it had been concei·ed in the writer's brain. Similarlv when God wills a
thing it appears in the spiritual plane. which is called in the Koran .t·
´.r.b or the 1hrone. írom the throne it passes bv a spiritual current to a
lower current called .t·´/or.i or the (hair. then the shape oí it appears
on ¨.t·íarb .t·Mabtv.¨ or the Reser·ed 1ablet. whence bv the
mediation oí the íorces called "angles." it assumes actualitv and appears
on the earth in the íorm oí plants. trees. and animals. representing the
will and command í God. as the written letters represent the with and
thought concei·ed in the heart and the shape present in the brain oí the
writer.
God has made each oí us a king in miniature. so to speak. o·er a
kingdom which is an iníinitelv reduced copv oí lis own. In the kingdom
oí man. God's "throne" is represented bv the soul. the "archangel" bv
the heart. the "chair" bv the brain. and the "tablet" bv the treasure-
chamber oí thought. 1he soul. itselí unlocated and indi·isible. go·erns
the bodv. as God go·erns the uni·erse. In short. each oí us is entrusted
with a little kingdom. and charged not to be careless in the
administration oí it. It is a wonderíul trust charged to the care oí man.
1o this the lolv Koran alludes bv saving:

181
¸' .- .' '· .- ¸. .. ¸· ··. .· '
...- ·.~ .¯ · .. .~ .· .
"!e bare otterea tbe )rv.t to tbe bearev. ava tbe eartb ava tbe vovvtaiv.
bvt tbey rere atraia to becove vvtaitbtvt to it ava tearea it. ava vav acceptea
it bvt be ra. vvtaitbtvt to it. .vrety be ra. vviv.t ava igvoravt¨ XXXIII -
¯2,.
As regards the recognition oí God's pro·idence. there are se·eral
degrees oí knowledge. 1he mere phvsicist is like an ant - who. crawling
on a sheet oí paper. and obser·ing black letters being written bv a pen.
should attribute the cause to the pen alone. 1he astronomer is like an ant
oí somewhat wider ·ision who would catch sight oí the íingers mo·ing
the pen. i.e. he knows that the elements are under the power oí the stars.
but he does not know that the stars are under the power oí angels. 1hus
owing to the diííerent degrees oí perception in men. disputes must arise
in tracing eííects to cause. 1hose whose eves ne·er see bevond the world
oí phenomena are like those who mistake ser·ants íor the master. 1he
laws oí phenomena must be constant. or there could be no such thing as
science. But it is a great error to mistake the ser·ants íor the master.

A Lustrous Pearl
As long as this diííerence in the percepti·e íacultv oí obser·ers exists.
disputes must necessarilv continue. It is as ií some blind men. hearing
that an elephant has come to their town. should go and examine it. 1he
onlv knowledge oí it which thev can obtain comes through the sense oí
touch. so one handles the animal's leg. another his tusk. another his ear.
and according to their perceptions. declare it to be a column. a thick
pole. or a quilt. each taking a part íor the whole. Similarlv the phvsicist
and astronomer coníound the laws thev percei·e with the lawgi·er. A
similar mistake is attributed to Abraham in the Koran. where he turned
successi·elv to stars. moon and sun as the objects oí his worship. Grown
aware oí lim who made all these. he exclaimed:
·. .-' . .· í tore vot tbo.e tbat .et¨ tVI-¯6, .
\e ha·e a common instance oí this attribution to second causes
which ought to be attributed to the lirst (ause in the case oí so-called
illness. lor instance. ií a man ceases to take anv interest in worldlv
matters. concei·es a distaste íor common pleasure. and appears sunk in
depression. the doctor will sav: "1his is a case oí melancholv and
requires such and such a prescription." 1he phvsicist will sav: "1his is a
drvness oí the brain caused bv hot weather and cannot be relie·ed till the
air becomes moist." 1he astrologer will attribute it to some particular
conjunction or opposition oí planets. ¨)bv. tar tbeir /vorteage reacbe..¨
182
savs the Koran in Arabic. ¸· ..·· :· .· It does not occur to
them that what has reallv happened is this that the Almightv God has a
concern íor the welíare oí that man. and has. thereíore. commanded lis
ser·ants. the planets or the elements to produce such a condition in him
that he mav turn awav írom the world to his Maker. 1he knowledge oí
this íact. declares the Muslim saint. is a lustrous pearl írom the ocean oí
inspirational knowledge. to which all other íorms oí knowledge are like
islands in the sea.
1he doctor. phvsicist. and astrologer are no doubt right. each in his
particular branch oí knowledge. but thev do not see that sickness is. so
to speak. a cord oí lo·e bv which God draws to limselí the Saints.
Similarlv. common íolk are right when thev exclaim. as thev oíten
do. that "God is the Great." Most oí them. howe·er. understand this
exclamation to mean that God is greater than creation. But when we
consider that creation is God's maniíestation just as light maniíests the
sun. we will see that it is not correct to sav that the sun is greater than its
own light. So the exclamation "God is Greater" rather means the God's
greatness measurablv transcends our cogniti·e íaculties. and that we can
onlv íorm a ·erv dim and imperíect idea oí it. Ií a child asks us to
explain to him the pleasure which exists in wielding so·ereigntv. we mav
sav it is like the pleasure he íeels in plaving bat and ball. though in realitv
the two ha·e nothing in common except that thev both come under the
categorv oí pleasure. Moreo·er. such imperíect knowledge oí God as we
can attain is not a mere speculati·e knowledge. but must be accompanied
bv de·otion and worship.

The Seed of Happiness
\hen a man dies he has to do with God alone. and ií we ha·e to li·e
with a person. our happiness entirelv depends upon the degree oí
aííection we íeel towards him. Lo·e is the seed oí happiness. and lo·e to
God is íostered and de·eloped bv worship. Such worship and constant
remembrance oí God implv a certain degree oí austeritv and curbing oí
bodilv appetites. Not that a man is intended altogether to abolish these.
íor then the human race would altogether perish. But strict limits must
be set to their indulgence. and as man is not the best judge in his own
case as to what these limits should be. he had better consult some
spiritual guide on the subject. Such spiritual guides are the Prophets. and
the laws laid down bv them under di·ine inspiration which prescribe the
limits to be strictlv obser·ed in these matters. without being transgressed.
as the Koran puts it :
· .~ · = ·- · ¸· .
183
"íe rboerer goe. beyova tbe tivit. ot .ttab. be ivaeea aoe. iviv.tice to
biv.ett¨ LVI-1,.
And again we read in the Koran:
·= ¸· = ·- : ·. .- ¸· .- .- ·- ·. = .
¨)be.e are Coa´. tivit. ava be rbo aoe. vot e·ceea tbev bvt obey. Coa
íi. .po.tte. Coa ritt cav.e biv to evter Paraai.e to abiae iv it¨ IV - 13,.
Notwithstanding this clear pronouncement oí the Koran there are
those. who. through their ignorance oí God. do transgrees these limits.
and this ignorance mav due to se·eral diííerent causes. lirst. there are
some persons. who íailing to íind God bv obser·ation. conclude that
there is no God. and that this world oí wonders has made itselí. or
existed írom e·erlasting. 1hev are like a man who. seeing a beautiíullv
written letter. should suppose that it had written itselí without a writer.
and had alwavs existed.
Some through ignorance oí the real nature oí the soul repudiate the
doctrine oí a íuture liíe. in which man will be called to account and will
be rewarded or punished according to his good or bad deeds. 1hev
regard themsel·es as no better than animals or ·egetables. and equallv
perishable. Some. on the other hand. belie·e in God and a íuture liíe. but
with a weak belieí. 1hev sav to themsel·es that "God is great and
independent us. Our worship or abstinence írom worship is a matter oí
indiííerence to lim." 1heir state oí mind is oí like certain that oí a sick
man who. ha·ing been prescribed a train regime bv his doctor. should
sav: "\ell ií I íollow it or do not íollow it. what does it matter to the
doctor." It certainlv does not matter to the doctor. but the patient mav
destrov himselí bv his disobedience. Just as surelv an unchecked sickness
oí bodv ends in bodilv death. so does uncured diseases oí the soul end in
íuture miserv. according to the Di·ine message in the Koran :
., . = ¸' ¸· . .
¨Ovty tbo.e .batt be .area rbo cove to Coa ritb a .ovva beart¨ tvot ritb
a beart covtavivatea ritb .iv) XVI - 89,.

A íourth kind oí unbelie·ers are those who sav: "1he law commands
us to abstain írom anger. lust and bodilv passions. 1his is quite
impossible. íor man is created with these qualities inherent in him.`
1hese people ignore the íact that the law does not require us to uproot
these passions altogether but to restrain them within due limits. so that
bv a·oiding the greater sins we mav obtain God's íorgi·eness oí the
small ones. L·en the Prophet said in an instance: "í av a vav ti/e yov.
ava í get avgry .ovetive. bvt í av apt to .vbave vy avger.¨ In the Koran
we íind that God tells us:
184
¸ ¸· ·· ,· ~´
íe tore. tbo.e rbo re.traiv tbeir avger¨ tvot tbo.e rbo bare vo avger at
att) III -34,.
Another kind oí people lav stress on the beneíicence oí God while
thev ignore lis justice. 1hev sav to themsel·es: "\ell. whate·er we
commit. God will pardon us because le is Merciíul." 1hev do not
consider that though God is Merciíul. thousands oí human beings perish
miserablv in hunger and disease. 1hev know that whosoe·er wishes íor a
li·elihood. or íor wealth or learning. would ne·er get it bv merelv saving
"God is Merciíul". but he must exert himselí as well.
Although the Koran states:
.· = ¸· . ¸. · ·· ¸· · .
¨írery tirivg creatvre´. .v.tevavce cove. trov Coa¨ VI - 11,.
it is also written in the Koran:
¸· · . .· ¸, .
¨Mav obtaiv votbivg e·cept by .tririvg¨ XXXIX - 53,.

Indeed. it is the de·il that spreads his teachings among those people.
and reallv thev do speak with their lips. and not with their hearts.
It is hoped that it is now made clear how bv contemplation oí his
own being and attributes man arri·es at some knowledge oí God. le
who does not master his appetites does not deser·e the name oí a man.
and a true belie·er in God is he who cheeríullv acknowledges the
obligations imposed upon him bv the law. But he who endea·ours on
whate·er pretext to ignore these obligations or íails to put them into
practice must not expect to acquire anv true knowledge oí God.

3- The Knowledge of This World
1his world is a stage or market-place passed bv pilgrims on their wav
to the next. It is here that thev are to supplv themsel·es with pro·ision
íor the wav. or. to put it plainlv. it is here that man acquires bv the use oí
his bodilv senses some knowledge oí the works oí God. and. through
them. oí God limselí. the sight oí \hom will constitute his íuture
attitude. It is íor the acquirement oí this knowledge that the spirit oí
man has descended in this world oí water and clav. As long as his senses
remain with him he is said to be "in this word." when thev depart. and
when onlv his essential attributes remain. he is said to ha·e gone to "the
next world."

The Soul of the Body
185
\hile man is in this world. two things are necessarv íor him : lirst.
the protection and nurture oí his soul: secondlv. the care and nurture oí
his bodv. 1he proper nourishment oí the soul is the knowledge and lo·e
oí God. and to be absorbed in the lo·e oí anvthing but God. is the ruin
oí the soul. 1he bodv. so to speak. is simplv the riding-animal oí the soul
and perishes while the soul endures. 1he soul should take care oí the
bodv. just as a pilgrim on his wav to Mecca takes care oí his camel: but ií
the pilgrim spends his whole time in íeeding and adorning his camel. the
cara·an will lea·e him behind. and he will miss the períormance oí the
pilgrimage. Man's bodilv needs are simple being comprised under three
headings. namelv íood. clothing and a dwelling-place: but the bodilv
desires which are implanted in him with a ·iew to procuring them are apt
to rebel against reason which is oí later growth than thev. Accordinglv as
we see in the íoregoing. thev require to be curbed and restrained bv the
di·ine laws promulgated bv God's Messengers.
(onsidering the world with which we ha·e íor a time to do. we íind
it essentiallv di·ided into three departments : animal. ·egetable and
mineral. 1he products oí all three are continuallv needed bv man and
ha·e gi·en rise to some principal occupations: those oí the culti·ators.
the wea·er. the builder and the worker in metals. 1hese. again. ha·e
manv subordinate branches. such as tailors. masons. smiths. carpenters.
glaziers. etc. None can be quite independent oí others: this gi·es rise in
·arious business connections. and relations. and these too írequentlv
aííord occasions íor
hatred. en·v. jealousv and other maladies oí the soul. lence come some
quarrels and stri·es. and the need oí political and ci·il go·ernment and
knowledge oí law.

The Three Necessities
1hus the occupations and business oí the world ha·e become more
and more complicated and troublesome. chieílv owing to the íact that
men ha·e íorgotten that their real necessities are onlv three : clothing.
íood and shelter. and that those exist onlv with the object oí making the
bodv a íit ·ehicle íor the soul in its journev to the next world. 1hev ha·e
íallen into the same mistake as the pilgrim to Mecca mentioned abo·e.
who. íorgetting the object oí his pilgrimage and himselí. should spend
his whole time in íeeding and adorning his camel. Unless a man
maintains the strictest watch. he is certain to be íascinated and entangled
bv the world.
1he deceitíul character oí the world comes out in the íollowing wavs:
In the íirst place. it pretends that it will alwavs remain with vou. while. as
a matter oí íact. it is slipping awav írom vou. moment bv moment. and
bidding vou íarewell. like a shadow which seems stationarv. but is
186
actuallv alwavs mo·ing. Again the world presents itselí under the guise oí
a radiant but immoral sorceress: it pretends to be in lo·e with vou: it
íondles vou and then goes oíí to vour enemies. lea·ing vou to die oí
chagrin and despair.
1hose who ha·e indulged themsel·es ritbovt tivit in the pleasures oí
the world. will. at the time oí death. be like a man who has gorged
himselí to repletion on delicious ·iands and then ·omits them up. 1he
deliciousness is gone. but the disgrace remains. 1he greater the
abundance oí the possessions which thev ha·e enjoved in the shap oí
gardens. castles. male and íemale ser·ants. gold. sil·er. etc.. the more
keenlv will thev íeel the bitterness oí parting írom them. 1his is
bitterness which will outlast death. íor the soul which has contracted
co·etousness as a ti·ea babit will necessarilv in the next world suííer írom
the pangs oí unsatisíied desire.

Another dangerous propertv oí worldlv things is that thev at íirst appear
as mere triíles. but each oí those so-called "triíles" branches out into
countless ramiíications until thev swallow up the whole oí a man's time
and energv.
It is reported that Jesus (hrist upon whom be peace, said. ")be
íorer ot tbe rorta i. ti/e a vav ariv/ivg .ea·rater. tbe vore be ariv/.. tbe
vore tbir.ty be get.. titt at ta.t be peri.be. ritb tbir.t vvqvevcbea.¨ 1he
Prophet Muhammad upon whom be peace, said. "Yov cav vo vore vi·
ritb tbe tv.t ot tbe rorta ritbovt beivg covtavivatea by it tbav yov cav go ivto
rater ritbovt gettivg ret.¨

Likeness of The World
1he world is like a table spread íor successi·e relavs oí guests who
come and go. 1here are ·arious dishes. abundance oí íood and
períumes. 1he wise guest eats as much as is suííicient íor him. smells the
períumes. thanks his host and departs. 1he íoolish guest. on the other
hand. tries to carrv oíí some oí the gold and sil·er dishes. onlv to íind
them stretched out oí his hands and himselí thrust íorth. disappointed
and disgraced.

\e mav close these illustrations oí the deceitíulness oí the world
with the íollowing short parable: Suppose a ship is to arri·e at a certain
well-wooded island. 1he captain oí the ship tells the passengers that he
will stop a íew hours there. and that thev can go on shore or a short
time. but warns them not to remain there too long. Accordinglv the
passengers disembark and stroll in diííerent direction. 1he wisest.
howe·er. return aíter a short time. and íinding the ship emptv. choose
the most comíortable place in it. A second band oí the passengers spend
187
a somewhat longer time on the island. admiring the íoliage oí the trees
and listening to the songs oí birds. (oming back on board. thev íind the
best places in ship alreadv occupied. and ha·e therebv to content
themsel·es with the less comíortable ones. A third partv wander still
íarther. and. íinding some brilliantlv coloured stones. carrv them back to
the ship. 1heir lateness in coming on board compels them to stow
themsel·es awav in the lower parts oí the ship. where thev íind their
loads oí stones. which bv this time ha·e lost all their brilliancv. ·erv
much in their wav. 1he last group go so íar in their wanderings that thev
get quite out oí reach oí the captain's ·oice calling them to come on
board. so that at last he has to sail awav without them. 1hev wander
about in a hopeless conditions and íinallv either perish with hunger or
íall a prev to wild beasts.
1he íirst group represents the íaithíul who keep alooí írom the
íascinations oí the world altogether. and the last group the iníidels who
care onlv íor this world and nothing íor the next. 1he two intermediate
classes are those who preser·e their íaith. but entangle themsel·es more
or less with the ·anities oí things present.
Although we ha·e said so much against the world it must be
remembered that there are certain things in the world which are not
reallv oí it. such as knowledge and good deeds. A man carries what
knowledge he possesses with him into the next world. and. though his
good deeds ha·e passed. the eííect oí them remains in his character.
Lspeciallv is this the case with acts oí de·otion. which result in the
perpetual remembrance and lo·e oí God. 1hese are among "those good
things" which. as the Koran savs:
.¯ · ¸-' .·-' . ¸ ¸- · = · · .¯· ·
..· .
¨!bat i. ritb yov pa..e. aray ava rbat i. ritb Coa i. evavrivg: ava
!e ritt vo.t .vrety gire to tbo.e rbo rere patievt tbeir rerara accoraivg to tbe
be.t ot rbat tbey earvea.¨ XVI-96,.

Other good things are there in the world. such as marriage. íood.
clothing. etc.. which a wise man uses just in proportion as thev help him
to attain in saíetv to the next world. Other things which engross the
mind. causing it to clea·e to this world and to be careless oí the next. are
purelv e·il and were alluded to bv the Prophet Muhammad when he said:

¨)be rorta i. bvt a ravity tair ava att occvpatiov iv it are vere ravity e·cept
rbev tbey ao vot bivaer a vav trov revevberivg Coa ava ror.bippivg íiv.
ava aoivg gooa aeea..¨
188

4- The Knowledge of The Next
World
All belie·ers in the scriptures oí God are suííicientlv iníormed as
regards the jovs oí hea·en and the pains oí hell which will íollow this
liíe. But according to the saints there is also a spiritual hea·en and hell.
1hev belie·e that in the heart oí the righteous or the enlightened man
there is a window opening on the realities oí the spiritual world through
which he is apt to know. not bv hearsav or traditional belieí. but bv
actual experience. what produces wretchedness or happiness in the soul.
just as clearlv and decidedlv as the phvsician knows what produces
sickness or health in the bodv.
1he eííect oí death on the composite nature oí man is illustrated bv
the Muslim saints as íollows: Man has two souls. an animal soul and a
spiritual soul. which latter is more or less oí angelic nature. 1he seat oí
the animal soul is the heart. írom which this soul issues like subtle
·apour and per·ades all the members oí the bodv. gi·ing the power oí
sight to the eve. the power oí hearing to the ear. and to e·erv member
the íacultv oí períorming its own appropriate íunctions. It mav be
compared to a lamp. carried about within a cottage. the light oí which
íalls upon the walls where·er it goes. 1he heart is the wick oí this lamp.
and when the supplv oí oil is cut oíí íor anv reason the lamp is sure to
die. Such is the death oí the animal soul. \ith the spiritual or human
soul. the case is diííerent. It is indi·isible and bv it man knows God. As it
were. it is the rider oí the animal soul. and when that perishes it still
remains but like a horseman who has been dismounted. or like a hunter
who has lost his weapons. 1hat steed and those weapons were granted to
the human soul that bv means oí them it might pursue and capture the
lo·e and knowledge oí God. Ií it has eííected that capture. it is not a
grieí but rather a relieí to be able to lav those weapons aside. and to
dismount írom that wearv steed. 1hereíore. all saints consider death as a
welcome giít oí God to lis lo·ers. But alas! íor that soul which loses its
steed and hunting-weapons beíore it has captured the prize ! Its miserv
and regret will be indescribable.
lurther consideration will show how clearlv distinct the human soul
is írom the bodv and its members. Limb aíter limb mav be paralvsed and
cease working but the indi·idualitv oí the soul is unimpaired. Again. the
bodv which we ha·e now is no longer the bodv which we had when
voung. but entirelv diííerent. vet our personalitv now is identical with our
personalitv then. It is. thereíore. easv to concei·e oí it as persisting when
the bodv is done with altogether along with its essential attributes which
were independent oí the bodv. such as the knowledge and lo·e oí God.
But ií. instead oí carrving awav with us knowledge and lo·e. we depart in
189
ignorance oí God. this ignorance is also an essential attribute and will
abide as darkness oí soul and seed oí miserv. 1hereíore. the Koran
teaches the godlv Muslims that:
¨íe rbo i. btiva iv tbi. tite ritt be btiva iv tbe ve·t tite ava ritt be .titt
vore a.tray trov tbe patb ot bappive.. XVII - ¯2,.
¸· ·, ¸.' ¸·' ·-. · ..· ¸·' ·· · .¯ .
1he reason oí the human spirit seeking to return to the upper world
is that its origin was írom thence. and that it is oí celestial origin. It was
sent down into this lower sphere against its will to experience de·otion
oí God and acquire di·ine lo·e through worshipping lim: and doing
good deeds and a·oiding e·il ones and depart to recei·e its reward with
the righteous. 1his is clearlv taught írom the Koranic ·erse which mav
be rendered in the íollowing terms :
..,· .- ·· .· · ¸· .· ¸· .´,' ·'· ·,• .· .=· ·
..- .· . .
"Co aorv t.aav ava íre) trov bevce. att ot yov tyovr po.terity). tbere
ritt cove to yov trve gviaavce trov Me. ava tbey rbo ritt tottor My gviaavce
veea vot tear vor .batt tbey be grierea¨ II-58,.

1he conception is that as just as the health oí the animal soul
consists in the equilibrium oí its component parts. and this equilibrium is
restored. when impaired. bv appropriate medicine. so the health oí the
human soul consists in a moral equilibrium which is maintained and
repaired. when necessarv. bv ethical instruction and moral precepts.

As alreadv pointed out. the human soul is essentiallv independent oí
the bodv. Some people. howe·er. ha·e supposed that the human soul is
annihilated aíter death and then restored. but this is contrarv both to
reason and to the word oí God as re·ealed in the lolv Book. 1he
íormer shows us that death does not destrov the essential indi·idualitv oí
man. and the Koran teaches us that "those who are killed while
deíending the religion oí God are not dead. but still ali·e. rejoicing in the
presence oí their Lord and in the grace bestowed on them." Not a word
is said in the law about anv oí the dead. good or bad. being annihilated.
Nav. the Prophet is said to ha·e questioned the spirits oí those who were
killed among the iníidels in battle against the earlv Muslim. as to whether
thev ha·e íound the punishments with which God had threatened them.
real or not. \hen the íollowers oí the Prophet asked him what was the
good oí his questioning them who were dead. he replied. ¨)bey bear vy
rora. better tbav yov ao.¨

190
On the other had. the pains which souls suííer aíter death all ha·e
their source in excessi·e lo·e oí the world. 1he messengers oí God
warned that sinners. aíter death. will be tormented bv so manv snakes:
some simple-minded men ha·e examined the gra·es oí the sinners and
wondered at íailing to see these snakes. 1hev do not understand that the
tormenting snakes ha·e their abode within the unbelie·er`s spirit. and
that thev existed in him e·en beíore he died . íor thev were but his own
e·il qualities svmbolised. such as jealousv. hatred. hvpocrisv. írom
excessi·e lo·e oí the world.

L·erv sinner thus carries with him into the world bevond death the
instruments oí his own punishment. and on the Koran it is stated:
¸·´ ·=,- ..- .
1hat is : íett .vrety .vrrovva. tbe ivtiaet tí`·1·) It does not state
that hell will surround them. íor it surround them. e·en now.

Some people mav object and sav: Ií such is the case. then who can
escape hell. and who is not more or less bound to the world bv ·arious
ties oí aííection and interest· 1o this we answer that the ·erse simplv
reíers to the state oí the iníidels who ha·e no íaith in God and who
disregarded lis injunctions bending altogether on the íascination oí this
world. As to the íaithíul and doers oí good. the Koran savs to the
prophet:

' ·. .- ¸· .- .- .· .' .-. .· .·¯ ¸ '
Cire gooa tiaivg. to tbe taitbtvt rbo ao rbat i. rigbt tbat tbey .batt ivberit
garaev. beveatb rbicb rirer. ttor tíí-2²)

Manv people proíess to lo·e God. but a man can easilv test himselí
bv watching which wav the balance oí his aííection inclines when the
commands oí God come into collision with some oí his ambitions and
desires. Anv proíession oí lo·e to God which is not coníirmed bv
obedience to lim is simplv íalse.

Kinds of Spiritual Hell
\e ha·e seen abo·e that one kind oí spiritual hell is the íorcible
separation bv death írom worldlv things to which the heart clea·ed too
íondlv. Another kind is that oí shame. when a man awakes up to see the
nature oí the bad actions he committed in their naked realitv.
A third spiritual hell is that oí disappointment and íailure to
reach the real objects oí existence. Man was intended to mirror íorth the
191
light oí the knowledge oí God. but ií he arri·es in the next world with
his soul thicklv coated with the rust oí sensual indulgence he will entirelv
íail to acquire the object íor which he was created.
Suppose a man in passing with some companions through a dark
wood. lere and there. glimmering on the ground. lie ·arious coloured
stones. lis companions collect and carrv these and ad·ise him to do the
same lor.` sav thev. we ha·e heard that these stone will íetch a high
price in the place whether we are going.` le. on the other hand. laughs
at them and calls them íools íor loading themsel·es in the ·ain hope oí
gain. while he walks íree and unencumbered. Presentlv thev emerge into
the íull davlight and íind that these coloured stones are rubies. emeralds
and other jewels oí priceless ·alue. 1he man`s disappointment and
chagrin at not ha·ing gathered some when so easilv within his reach mav
be more easilv imagined than described. Such will be the remorse oí
those. hereaíter. who. while passing through this world to the next. ha·e
been at no pains to acquire the jewels oí ·irtue and the treasures oí good
deeds.
Manv people. howe·er. ha·ing no íixed con·ictions about the íuture
world. when mastered bv their sensual appetite. denv it altogether. 1hev
sav that hell is merelv an in·ention oí theologians to írighten people. and
thev regard theologians themsel·es with thinlv ·eiled contempt. 1o argue
with men oí this kind oí thinking is oí ·erv little use. 1hus much.
howe·er. mav be said to such a man with the possible result oí making
him pause and reílect. Suppose vou are about to eat íood and some one
tells vou a serpent has spat ·enom on it. vou would probablv reírain and
rather endure the pangs oí hunger than eat it. though vour iníormant
mav be in jest or lving. Or ií an astrologer tells vou. when the moon has
entered a certain constellation. drink such and such a medicine. and vou
will reco·er: though vou mav ha·e ·erv little íaith in astrologv. vou ·erv
likelv would trv the experiment on the chance that he might be right.
And do vou not think that reliance is as well placed on the words oí all
the Prophets. saints and holv men and hundred oí millions oí wise men.
con·inced as thev were oí a íuture liíe. as on the promise oí a charm-
writer or an astrologer· People take perilous ·ovages in ships íor the sake
oí merelv probable proíit. and will vou not suííer a little pain oí
abstinence now íor the sake oí eternal jov hereaíter·
lrom all that we ha·e said it íollows that man`s chieí business in this
world is to prepare íor the next. L·en ií he is doubtíul about a íuture
existence. reason suggests that he should act as ií there were one.
considering the tremendous issues at stake. Peace be on those who
íollow the true guidance !

192
5- The three Stages of Man’s
Development
1he lolv Koran has dealt íullv with three conditions oí man. namelv
the phvsical. the moral and the spiritual. It obser·es this di·ision bv
íixing three respecti·e sources íor this threeíold condition oí man. It
mentions three springs out oí which these three conditions ílow. 1he
íirst oí them is termed the ^at.·it·avvara. which signiíies the
uncontrollable soul or the soul prone to lust and e·il. 1hus the Koran
savs: )be .ovt i. prove to erit 12:53, .. ··. ¸. . i.e. it is the
characteristic oí the primiti·e, soul that it inclines man to e·il doings or
tends to lead him into iniquitous and immoral paths. In short. man`s
primiti·e nature is prone to transgression at a certain age in his
de·elopment. and so long as he is de·oid oí high moral qualities. the e·il
nature is predominant in him. le is subject to this state so long as he
does not walk in the light oí true wisdom and knowledge but acts in
obedience to the natural inclinations. like the lower animals.
As soon. howe·er. as he írees himselí írom the control oí animal
passions and is guided bv wisdom and knowledge. he holds the reins oí
his natural desires and go·erns them instead oí being go·erned bv them:
when a transíormation is worked in his soul írom grossness to ·irtue. he
then passes the phvsical stage and becomes a moral being in the strict
sense oí the word. 1he source oí the moral conditions oí man is called
the ^at.·it·tarrava. or the selí-accusing soul conscience,. in the
terminologv oí the Koran. In the Koranic (hapter entitled .t Oiyava
or the Resurrection we read ¯5:2,
' ··.. ¸. ..·' . ' i.e. And I swear bv the soul that
blames itselí. on e·erv dereliction oí dutv. being conscience oí ha·ing
oííended,. 1his is the spring írom which ílows a highlv moral liíe and.
on reaching this stage. man is íreed írom bestialitv. 1he swearing bv the
selí-accusing soul indicates the regard in which it is held. lor. the change
írom the disobedient to the selí-accusing soul. being a sure sign oí its
impro·ement and puriíication. makes it deser·ing oí approbation in the
sight oí God. 1he vat.·it·tarrava or the selí-accusing soul is so called
because it upbraids a man íor the doing oí an e·il deed and stronglv
hates unbridled passions and bestial appetites. Its tendencv on the other
hand. is to generate noble qualities and a ·irtuous disposition. to
transíorm liíe so as to bring the whole course and conduct oí it to
moderation. and to restrain and carnal passions and sensual desires so as
to keep them within due bounds. Although the selí-accusing soul
upbraids itselí íor its íaults and írailties. vet it is not the master oí its
passions. nor is it poweríul enough to practice ·irtue exclusi·elv. 1he
193
weakness oí the ílesh has the upper hand sometimes and then it
stumbles and íalls down. Its weakness then resembles that oí a child who
does not like to íall but whose iníirm legs are sometimes unable to
support him. But it does not persist in its íault. e·erv íailure bringing
onlv íresh reproach to the mind. In short. at this stage the soul is anxious
to attain to moral excellence and re·olts against disobedience which is
the characteristic oí the íirst. or the animal stage. but does.
notwithstanding its vearning íor ·irtue. sometimes de·iates írom the
straight path. the path oí God.

1he third or the last stage in the outward mo·ement oí the soul is
reached on attaining to the source oí all spiritual qualities. 1he soul at
this stage is. in the word oí the lolv Koran: the ^at.·it·Mvtvaivva. or
the soul at rest
' .·· · ¸-·· ·,.· ·,. : € ¸·-' ··=' ¸. ..' .
•- ¸-· '
O )bov .ovt tbat art at re.t! Retvrv to tby íora rett ptea.ea tritb biv).
rett ptea.ivg tíiv). ´o evter avovg vy tbetorea) .erravt.: ava evter ivto vy
paraai.e. LXXXIX-30,.

At this stage the soul is íreed írom all weaknesses and írailties and is
braced with spiritual power. 1he guidance oí the soul at rest with its
Lord is in the Koran`s teaching:
íe rbo pvritie. bi. .ovt tot tbe carvat pa..iov.) i. evtittea to .vcce.. rbite
be rbo ivavtge. ivto a aegraaivg pa..iov i. evtittea to taitvre t`Cí).

In short. these three stages oí the soul mav be called the phvsical. the
moral and the spiritual. Oí these. the phvsical state. that in which man
seeks to satisív the passions oí the ílesh. is most dangerous when the
passions run riot. íor it is then that thev deal a death-blow to the moral
and spiritual states oí man. and hence this state has been termed as that
attended with íailure. in the \ord oí God.

Teachings of the Koran as to the
Physical state of man.
According to the Muslim Scriptures. the phvsical condition oí man is
closelv connected with his moral and spiritual qualities. Ií. thereíore. his
natural desires are subjected to the directions oí the Law. thev take the
íorm oí moral qualities and deeplv aííect the spiritual state oí the soul. It
is íor this reason that in all íorms oí de·otion and praver and in all the
injunctions relating to internal puritv and moral rectitude the greatest
194
stress has been laid upon external puritv and cleanliness and on the
proper attitudes oí the bodv. 1he relation between the phvsical and
spiritual natures oí man would become e·ident on a careíul
consideration oí the actions oí the outward organs and the eííect thev
produce upon the internal nature oí man. \eeping whether artiíicial at
once suddens the heart while an artiíicial laugh makes it cheeríul.
Likewise a prostration oí the bodv. as is done in Muslim praver causes
the soul to humble itselí and adore the (reator: whereas strutting
produces ·anitv and ·ainglorv. 1hese examples suííicientlv illustrate the
eííect oí bodilv postures as enjoined upon Muslims when íulíilling their
íixed dailv pravers upon the spiritual state oí man. On the other hand
there is not the least doubt that íood plavs an important part in the
íormation oí character. It is with this greater law in ·iew that the lolv
Koran savs : ¯:29, ' .· . . .¯ ' i.e. íat tveat a. otber
tooa) bvt ao vot gire ray to e·ce.. tiv avy particvtar torv ot aiet .o tbat yovr
cbaracter ava beattb vay vot .vtter trov it).t1íí·2·)

1he phvsical side oí man`s liíe being oí such great importance e·en to
the soul. the true \ord oí God cannot be silent on the point. 1he lolv
Koran has. thereíore. applied itselí abundantlv to the reíormation oí the
phvsical state oí man`s liíe. It gi·es us the most ·aluable and minute
directions on all matters oí importance with which man is concerned. All
his mo·ements. the manner oí the satisíaction oí all his requirements. his
íamilv. social and general connections. health and sickness. are all
regulated bv rules and it is shown how external order and puritv ha·e
their eííect upon the spiritual state oí man.

A close studv oí the Koranic injunctions and directions relating to the
reíormation oí the external liíe oí man and his gradual ad·ancement
írom sa·ageness to ci·ilization until he reaches the highest pinnacle oí a
spiritual liíe. re·eals the íollowing all-wise method: In the íirst place
Almightv God has been pleased to lead him írom out oí darkness and
raise him up írom a sa·age state bv teaching him the rules relating to his
ordinarv dailv actions and modes oí social liíe. 1hus it begins at the
lowest point oí man`s de·elopment and. íirst oí all drawing a line oí
distinction between man and the lower animals. teaches him the rules oí
moralitv which mav pass under the name oí socialitv. Next. it undertakes
to impro·e upon low degree oí moralitv alreadv required bv bringing the
habits oí man to moderation. thus turning them into sublime morals.

\e pass now to the third stage oí ad·ancement when man altogether
íorgets himselí in the lo·e oí God and in doing lis will and when his
whole liíe is onlv íor the sake oí his Master. It is to this stage that the
195
name Islam alludes. íor it signiíies total resignation to the commands and
ser·ice oí God and total íorgetíulness oí selíishness. 1hus savs the lolv
Koran:
' · · ·-' ·· ¸- .· = · .' ¸· ¸ .· . ..,· .- .
..- '
t^ay! !boerer .vbvit. biv.ett evtirety to Coa ava be i. tbe aoer ot gooa be
ritt get bi. rerara ritb bi. íora. ov .vcb tbere i. vo tear vor .batt tbey griere).
tíí·]]2)
And again the Koran savs:
' : · : . '· . = ‚ƒ .,- ¸´ ‚·. .' ¸·
' .' ' .·' '
t´ay vy prayer. ava vy aerovtve.. ava vy tite ava vy aeatb att are aerotea to
.ttab tbe íora ot tbe |virer.e rbo ba. vo partver. )bv. í av covvavaea
ava í av tbe tir.t to .vbvit to tbe covvavavevt). V-163,
' · ¸ .· . ·.·· ,· ¸„. · . .´ · ¸· ·, '
tCoa .aia) )bi. i. vy ray. teaaivg .traigbt : íottor it : íottor vot otber
ray.. tea.t tbey .bovta .catter yov abovt trov íi. .traigbt Patb. )bv. Coa
covvava. yov. tbat yov vay be rigbteov. VI-63,
And again we read in the Koran :
' .· = .´.· .´ · = .´- ….·· = ..- .¯ . ¸·
.,- '
´ay tto tbev) ít re ao tore .ttab cove ava tottor ve: tbev ritt Coa tore
yov ava torgire yov yovr torver .iv.. ava íe i. .vrety íorgirivg ava
Mercitvt. III-29,

Now we shall deal with the three states oí liíe one aíter another. As
alreadv stated. there are three sources which gi·e rise to the threeíold
nature oí man. ·iz.: the disobedient soul. the selí-accusing soul and the
soul at rest or the contented soul.

Our Prophet Muhammad was raised at a time when the whole world
had sunk to the lowest depths oí degradation. 1he threeíold reíormation
oí man was thereíore. destined to be brought about at this period bv
means oí the lolv Koran. It is this reason that the lolv Book claims to
be a períect guidance to mankind as to it alone was gi·en the
opportunitv to work a reíormation complete on all sides. 1he Koran
was. thereíore. sent to bring liíe to the dead as it savs:
196
' - · · .~ '
i.e. Both land and water ha·e become corrupt.` XXX-41,
1he Koran also savs :
' †.· · ¸. ¸- = .' .·' '
Kvor it tor certaiv tbat Coa i. vor goivg to re.tore tite to tbe eartb rbicb baa
beev aeaa." LVII-1¯,

Utter darkness and barbarism at that time pre·ailed o·er the whole oí
Arabia. No social laws were obser·ed: and the most despicable deeds
were openlv committed. An unlimited number oí wi·es was taken. and
all prohibited attitudes were made lawíul. Rapine and incest raged
supreme and not inírequentlv mothers were taken íor wi·es.
Now the Koran had a grand aim beíore it. It had to reclaim mankind
írom sa·agerv and to make them men: then to teach them simple morals
and make them good men. and last oí all. to take them to the highest
pinnacles oí ad·ancement and make them godlv. 1he lolv Book gi·es
excellent instructions on these three aspects. It does not inculcate
doctrines which are against the reason oí man and which thereíore one
has to íollow against one`s better judgment.
1he whole driít oí the lolv book and the substance oí its teachings is
the threeíold reíormation oí man and all other directions are simplv
means to the end. All its moral teachings. precepts and doctrines ha·e an
all-per·ading purpose beneath them which consists in transíorming men
írom the phvsical state which is imbued with a tinge oí sa·ageness into
the moral state and írom the moral into the boundless deep oí the
spiritual state.
1o attain to the desired end oí the highest spiritual ad·ancement. the
lolv Koran has taught us two means íor it. ·iz: complete resignation to
the will oí God. which is known bv the name oí Islam. bv leading a liíe
guided and íostered bv the injunctions and ordinances oí God and the
traditions oí the Prophet: and stri·ing our best to recollect and lo·e our
(reator and Subtenant. the Almightv God. Meantime. we must make
constant selí-examination to íind out ií we are trodding on the right path
or not.

6- Self Examination The
Recollection and Love of God
1he saints ha·e concei·ed that men ha·e come into this world to
carrv on a spiritual traííic. the resulting gain or loss oí which is hea·en or
hell. 1hev ha·e alwavs kept a jealous eve upon the ílesh which. like a
treacherous partner in business. mav cause them great loss. le. thereíore
197
is reallv a wise man who. aíter his morning pravers. spends a whole hour
in making a spiritual reckoning. and savs to himselí. O mv soul. thou
hast onlv one liíe. no single moment that has passed can be reco·ered.
íor in the counsel oí God the number oí breaths allotted thee is íixed.
and cannot be increased. \hen. liíe is o·er no íurther spiritual traííic is
possible íor thee thereíore what thou doest. do now. just treat this dav as
ií the liíe had been alreadv spent. and this were an extra dav granted thee
bv the special ía·our oí the Almightv. \hat can be greater íollv than to
lose it·`

It was a saving oí the (aliph Omar. (all voursel·es to account
beíore ve be called to account.`
1he Saints relate that at the resurrection a man will íind all the hours
oí his liíe arranged like a long series oí treasure-chests. 1he door oí one
will be opened. and it will be seen to the íull oí light. It represents an
hour which he spent in doing good. 1he door oí a second will be
opened. it is pitch-dark within. it represents an hour which he spent in
doing e·il. 1he door oí a third treasure-chest will be opened. it will be
seen to be emptv and neither light nor dark within. this represents the
hour in which he did neither good nor e·il. 1hen he will íell remorse and
coníusion like that oí a man who has been the possessor oí a great
treasure and wasted it or let it slip írom his grasp. 1hus the whole series
oí the hour oí his liíe will be displaved. one bv one. to his gaze.
1hereíore a man should sav to his soul e·erv morning. God has gi·en
thee twentv-íour treasures. take heed lest thou should lose anv one oí
them. íor thou will not be able to endure the regret that will íollow such
loss.`

Muslim Saint ha·e said. L·en suppose God should íorgi·e thee.
aíter a wasted liíe. thou will not attain to the ranks oí the righteous and
must deplore bv loss. 1hereíore. keep a strict watch o·er thv tongue.
thine eve. and each oí thv ·arious organs íor each oí these is. as it were. a
possible gate to miserv in the hereaíter. Sav to thv ílesh. Ií thou art
rebellious. ·erilv I will punish thee`. íor though the ílesh is headstrong. it
is capable oí recei·ing instruction. and can be tamed bv austeritv.
Such. then. is the aim oí selí-examination. and the Arabian Prophet
has taught that íappy i. be rbo aoe. vor tbat rbicb ritt bevetit bi. bvvav
.ovt atter aeatb.

The Recollection of God
\e come now to the recollection oí God. 1his consists in a man`s
remembering that God obser·es all his acts and thoughts. People onlv
see the outward. while God sees both the outer and the inner man. le
198
who reallv belie·es this will ha·e both his outer and inner being well
disciplined. Ií he disbelie·es it he is an iníidel. and ií. while belie·ing it.
he acts contrarv to that belieí. he is guiltv oí the grossest presumption.
A certain Muslim guide had a disciple whom he ía·oured abo·e his
other disciples. thus exacting their en·v. One dav the guide ga·e each oí
them a íowl and told each to go and kill it in a place where no one could
see him. Accordinglv. each killed his íowl in some retired spot and
brought it back. with the exception oí the guide`s ía·ourite disciple. who
brought his íowl back ali·e. saving. I ha·e íound no place. íor God
sees e·ervwhere.` 1he guide said to the others. \ou see now this
vouth`s rank. he has attained to the constant remembrance oí God.`

In the Muslim spiritual literature we read the íollowing storv told bv
Abdullah Ibn Dinar. one oí the most intelligent disciples oí the Arabian
Prophet. le said. Once I was walking with the (aliph Omar near
Mecca when we met a shepherd`s sla·e-bov dri·ing his ílock. Omar said
to him. Sell me a sheep.` 1he bov answered. 1hev are not mine. but
mv master`s`. then to trv him. Omar said. \ell vou can tell him that a
wolí carried one oíí. and he will know nothing about it.` No. he
won`t.` said the bov. but God will.` Omar was so pleased with the
bov`s remark that he sent íor the bov`s master. purchased him and set
him íree. exclaiming. lor this saving thou art íree in this world and shall
be sa·ed in the next.`

1hereíore. he is a wise man who keeps constant watch not onlv on
his own actions but also on his own thoughts. which are likelv to end in
action. Rightlv to discriminate among such thoughts is rather a diííicult
and delicate matter. and requires a special training. and he who is not
capable oí it should attach himselí to some spiritual guide. intercourse
with whom mav illuminate his heart.

1he Prophet Muhammad said:
Coa tore. tbat vav rbo i. /eev to ai.cerv iv aovbttvt tbivg.. ava rbo
.vtter. vot bi. rea.ov to be .rayea by tbe a..avtt. ot pa..iov. Reason and
discrimination are closelv connected and he in whom reason does not
rule passion will not be keen to discriminate.

Besides such cautious discrimination beíore acting. a man should call
himselí strictlv to account íor his past actions. L·erv e·ening he should
examine his heart as to what he has done to see whether he has gained or
lost in his spiritual capital. 1his is the more necessarv as the heart is
sometimes like a treacherous business partner. alwavs readv to cajole and
decei·e sometimes it presents its own selíishness under the guise oí
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obedience to God. so that a man supposes he has gained: whereas he has
reallv lost.

The Love of God
1he lo·e oí God is the highest oí all topics. and is the íinal aim to
which this work has been tending hitherto. luman períection consists in
this that the lo·e oí God should conquer a man`s heart and possess it
whollv. and e·en ií it does not possess it whollv it should predominate in
the heart o·er the lo·e oí all other things. Ne·ertheless. rightlv to
understand the lo·e oí God is so diííicult a matter that one sect oí
philosophers ha·e altogether denied that man can lo·e a being who is
not oí his own species. and thev ha·e deíined the lo·e oí God as
consisting merelv in obedience to lim. But this is not true. All Muslims
are agreed that the lo·e oí God is a dutv. In the Muslim literature it is
related that when the angel oí death came to take the soul oí Abraham
the latter said. la·e vou e·er seen a íriend take his íriend`s liíe· ` God
answered him. la·e vou e·er seen a íriend unwilling to see his íriend·
1hen Abraham said to the angel. (ome and be quick to take mv soul.`
1he íollowing praver was taught bv the Arabian Prophet to his íollowers.

O God. grant me to lo·e 1hee and to lo·e those who lo·e thee. and
what soe·er brings me nearer to thv lo·e. and make thv lo·e dearer to
me than cold water to the thirstv tra·eller in the desert.` A Muslim used
to sav. le who knows God naturallv lo·es him and he who knows the
deceitíul world certainlv hates it.`

\e come now to treat oí lo·e in its essential nature. according to the
spiritual Muslim conception. Lo·e mav be deíined as an inclination to
that which is pleasant. 1his is apparent in the case oí the íi·e senses each
oí which mav be said to lo·e that which gi·e it delight: thus the eve lo·es
beautiíul íorms. the ear music. etc. 1his is a kind oí lo·e we share with
the animals. But there is a sixth sense oí íacultv oí perception. implanted
in the heart. which lower animals do not possess. through which we
become aware oí spiritual beautv and excellence. 1hus a man who is onlv
acquainted with sensuous delights cannot understand what the Prophet
meant when he declared that be torea prayer vore tbav avy ptea.avt ava
beavtitvt tbivg. But he whose inner eve is opened to behold the beautv
and períection oí God will despise all outward sights in comparison.
howe·er íair and excellent thev mav be.

Man will sav that beautv resides in red and white complexion well-
proportioned limbs. and so íorth. but he will be blind to moral beautv.
200
such as men reíer to when thev speak oí such and such a man as
possessing a beautiíul character.

It is íor this reason that we lo·e the righteous. the Saints and the
Godlv. because the lo·e oí such men reallv means the lo·e oí God.

1he causes oí lo·e are se·eral. One oí them is this. that man lo·es
himselí and the períection oí his own nature. 1his leads him directlv to
the lo·e oí God. íor man`s ·erv existence and man`s attributes are
nothing else but the giít oí God. íor whose grace and kindness man
would ne·er ha·e emerged írom behind the curtain oí non-existence
into the ·isible world. Mans preser·ation and e·entual attainment to
períection are also entirelv dependent upon the grace oí God. It would
be a wonder. ií one should take reíuge írom the heart oí the sun under
the shadow oí a tree and not be grateíul to the tree. without which there
should be no shadow at all. Preciselv in the same wav. were it not íor
God. man would ha·e no existence nor attributes at all.. whereíore then.
should he not lo·e God. unless he be ignorant oí lim · Doubtless íools
cannot lo·e lim. íor the lo·e oí lim springs directlv írom the
knowledge oí lim. and whence should a íool ha·e knowledge·

A second cause oí this lo·e is that man lo·es his beneíactor. and in
truth his onlv beneíactor is God. íor whate·er kindness. he recei·es
írom anv íellow creature is due to the immediate instigation oí God.
\hate·er moti·e mav ha·e prompted the kindness he recei·es írom
another. God is the Agent who set that moti·e to work.

1he third cause is the lo·e that is aroused bv contemplation oí the
attributes oí God. lis power and wisdom. oí which human power and
wisdom are but the íeeblest reílections. 1his lo·e is akin to the lo·e that
we íeel towards the great and wise men oí the past. through we ne·er
expect to deri·e personal beneíit írom them. and is thereíore a more
disinterested kind oí lo·e.

God said to Prophet Da·id. )bat .erravt i. aeare.t to Me rbo aoe.
vot .ee/ Me trov tear ot pvvi.bvevt or bope ot rerara. bvt to pay tbe aebt ave
to Me Deity. And in the Psalms it is written. \ho is more selíish than
he who worships Me írom íear oí hell or hope oí hea·en· Ií I had
created neither. should I not then ha·e deser·ed to be worshipped·`

1he íourth cause oí this lo·e is the aííinitv which does exist between
man and God as reíerred to in the saving oí the lolv Prophet Verilv
God created man in his likeness.` 1his is a somewhat dangerous topic to
201
dwell upon. as it is bevond the conception oí common people. and e·en
intelligent men ha·e stumbled in treating oí it. and come to belie·e in
incarnation and union with Go. Still. the aííinitv which does exist
between man and God disposes oí the objection oí those philosophers
mentioned abo·e. who maintain that man cannot lo·e a being who is not
oí his own species. lowe·er great the distance between them. man can
lo·e God because oí that aííinitv indicated in the saving oí the lolv
Prophet that God created man in lis own likeness.`
The Vision of God
All belie·ers in God proíess to belie·e that the ·ision oí lim is the
summit oí human íelicitv. though with manv this a mere lip-proíession
which arouses no emotion in their hearts. But with the godlv the matter
is quite diííerent. 1o these the ·ision oí God is reallv the greatest
happiness at which a man can attain. L·erv one oí man`s íaculties has its
appropriate íunction which it delights to íulíill. 1his holds good oí them
all. írom the lowest bodilv appetite to the highest íorm oí intellectual
apprehension. But e·en a comparati·elv low le·el oí mental exertion
aííord greater pleasure than the satisíaction oí bodilv appetites. 1hus. ií a
man happens to be absorbed in a game oí chess. he will not come to his
meal. though repeatedlv summoned. And the higher the subject-matter
oí our knowledge. the greater is our delight in it. íor instance. we should
take more pleasure in knowing the secrets oí a king than the secrets oí a
minister. Seeing then that God is the highest possible object oí
knowledge the Knowledge. oí lim must aííord more delight than anv
other.

But the delight oí knowledge still íalls short oí the delight oí ·ision.
just as our pleasure in thinking oí those we lo·e is much less than the
pleasure aííorded bv the actual sight oí them. Our imprisonment in
bodies oí clav and water. and our entanglement in things oí sense
constitute a ·eil which hides the Vision oí God írom us. although it does
not pre·ent our attaining to some knowledge oí lim. lor this reason.
God is reported to ha·e said to Moses on Mount Sinai: )bov .batt vot
.ee Me. that is. so long as Moses was imprisoned in his bodilv íorm,.

1he truth oí the matter is this. that. just as the seed oí man becomes a
man. and a buried date-stone becomes a palm-tree. so the knowledge oí
God acquired in this world will in the next world change into the Vision
oí God. and he who has ne·er learnt the knowledge will ne·er ha·e the
Vision. 1his Vision will not be shared alike bv all who know. but their
discernment oí it will ·arv exactlv as their knowledge. God is one. but he
will be seen in manv diííerent wavs. just as one object is reílected in
diííerent íorms bv diííerent mirrors. some showing it straight and some
202
distorted. some clearlv and some dimlv. A mirror mav be so crooked as
to make e·en a beautiíul íorm appear misshapen. and a man mav carrv
into the next world a heart so dark and distorted that the sight which will
be a source oí peace and jov to others will be to him a source oí miserv.
le in whose heart the lo·e oí God has pre·ailed o·er all else will
certainlv deri·e more jov írom this ·ision than he in whose heart it has
not so pre·ailed. just as in the case oí two men with equallv poweríul
evesight. gazing on a beautiíul íace. he who alreadv lo·es the possessor
oí the íace will rejoice in beholding it more than he who does not. lor
períect happiness mere knowledge is not enough. unaccompanied bv
lo·e. and the lo·e oí the lo·e oí God cannot take possession oí a man`s
heart till it be puriíied írom the lo·e oí the world. which puriíication can
onlv be eííected bv abstinence. righteousness. austeritv and obedience to
the Law.

The signs of the Love of God
Manv claim to lo·e God. but each should examine himselí as to the
genuineness oí the lo·e which he proíesses. 1he íirst test is this. le
should not dislike the thought oí death. íor no lo·er shrinks írom going
to see his own belo·ed. 1he Prophet said. \ho e·er wishes to see
God. God wishes to see him.` It is true a sincere lo·er oí God mav
shrink írom the thought oí death coming beíore he has íinished his
preparation íor the next world. but ií he is reallv sincere. he will be
diligent in making such preparation.

1he second test oí sinceritv is that a man should be willing to sacriíice
his will to God`s. should clea·e to what brings him nearer to God and
should shun what places him at a distance írom God. 1he íact oí a man`
sinning is no prooí that he does not lo·e lim with his whole heart. A
saint said to a certain man Ií anv one asks vou whether vou lo·e God.
keep silent. íor ií vou sav. I do not lo·e lim.` vou are an iníidel. and ií
vou sav. I do.` vour e·il deeds contradict vou.`

A third test is that the remembrance oí God should alwavs remain
íresh in a man`s heart without eííort: íor what a man lo·es he constantlv
remembers. and ií his lo·e is períect he ne·er íorgets it. It is possible.
howe·er. that while the lo·e oí God does not take the íirst place in
man`s heart. the lo·e oí the lo·e oí God mav. oí lo·e is one thing and
the lo·e oí the lo·e another.

A íourth test is that he will lo·e all men who lo·e God and who obev
lim: ií his lo·e is reallv too strong: he will be merciíul and kind to e·erv
human being without distinction. nav his lo·e will embrace the whole
203
creation. it being the direct work oí his Belo·ed. \ith regard to the
unjust. the sinners. the unbelie·ers. who are non the less the creation oí
God. the lo·er oí lim will e·er be anxious to see them turn righteous.
just. obedient and íaithíul. Although he mav dislike them. such
dislikeness will not extend to their persons but will be consecrated to
their e·il actions and irreligious deeds. Because among the tests oí the
lo·e oí God is that the lo·ers oí God will lo·e those who obev lim.

Now let us our illustrations oí the spiritual guide`s ·iews oí the
treasures oí happiness bv quoting mv own saint guide.
1he next world is the world oí spirit and oí the maniíestation oí the
beautv oí God. happv is that man who has aimed at and acquired aííinitv
with it. All abstinence. de·otions. worship. and true knowledge ha·e the
acquirement oí that aííinitv íor their aim. and that aííinitv is lo·e. while
sins and lusts oppose that aííinitv. In the Koran. the saints main
Scripture oí God. one reads:
·· ¸· .- · ·¯ ¸· ‡· · . 91:9-10,
that is: íe rbo ba. pvritiea bi. .ovt i. bappy ava be rbo ba. corrvptea it i.
vi.erabte.

1hose who are giíted with spiritual insight ha·e reallv grasped this
truth as a íact oí experience. and not a merelv traditional maxim. 1heir
clear perception oí it leads them to the con·iction that he bv whom it
was re·ealed was a Prophet indeed. just as a man who has studied
medicine knows when he is listening to a phvsician. 1his is a kind oí
certaintv which requires no support írom miracles such as the
con·ersion oí a rod into a snake. the credit oí which mav be shaken bv
apparentlv equallv extraordinarv miracles períormed bv magicians.

I hope in mv humble endea·our to acquaint mv readers with a
specimen oí the Islamic Spiritual culture I ha·e done something which
thev would reallv enjov.

END OF VOLUME II








204





References
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205
36- Muwatta`. a Standard Book on Prophet`s 1raditions bv Imam
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55- Von Goethe`s \est Ostlicher Di·an.
56- \herrv`s (ommentarv on Islam.
5¯- Zadul-Mi`ad`. bv Ibn Al-Oavvim.

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