Posts Tagged ‘punishment’

What is a “Halala/Tahleel-marriage” in Islam?  

January 25, 2020

Image result for pic of a Muslim divorced couple?

Answered a question on Halala (briefly) on 01/15/2020 at Quora.com

Halala Also known as Tahleel Marriage” loosely means to “legitimize” something.

Most often, the concept of Halala” is misunderstood and misquoted by ignorant Muslims and Non-Muslims alike.

Halala is neither a convenience nor a short-cut to undo an irrevocable divorce; but a sort of punishment for the man, who has committed an abominable act without due diligence and deliberation. 

A woman will not become lawful for the first husband to marry again, had the second husband divorced her without consummating the marriage, even at his own free will.  Bukhaari (2639) and Muslim (1433) Narrated by Ayesha (r.a.a)

This matter ought to be looked at; bearing in mind; that the act of “Divorcing” though permissible, is considered the most despised act, by the Almighty!

Hadith. The Prophet (PBUH) said, “Among lawful things, divorce is most hated by Allah.” (Abu Dawud).

 These are the three most important verses in the Holy Qura’an; setting the principles and modalities of “Divorce” Tahleel-Marriage” and “Post-Tahleel-Behavior”, to be followed.

“And when you divorce women and they have [nearly] fulfilled their term, either retain them according to acceptable terms or release them according to acceptable terms, and do not keep them, intending harm, to transgress [against them]. And whoever does that has certainly wronged himself. And do not take the verses of Allah in jest. And remember the favor of Allah upon you and what has been revealed to you of the Book and wisdom by which He instructs you. And fear Allah and know that Allah is Knowing of all things” [Q, 2:231]

“And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah (SWT). These are the limits of Allah, which He makes clear to a people who know” [Q, 2:230]

“And when you divorce women and they have fulfilled their term, do not prevent them from remarrying their [former] husbands if they agree among themselves on an acceptable basis. That is instructed to whoever of you believes in Allah and the Last Day. That is better for you and purer, and Allah knows and you know not” [Q, 2:232]

It has been emphatically advised that the utterances of “Divorce” [talaq] should not be carried out in one go but in three stages, spanning through the duration of married life, known as (Talaq al-bayyina al-sughra) [agreed upon by the majority of scholars and schools]. Affording the couple at least two opportunities in their married life to reconsider their decision and re-unite (Raja’a), before it is too late, and the irrevocable divorce becomes established. (Talaq al-bayyina al-kubra)

Hadith. [Ibn ‘Abbas (Allah be pleased with them) reported that the (pronouncement) of three divorces during the lifetime of Allah’s Messenger (PBUH) and that of Abu Bakr and two years of the caliphate of Umar (R.A. A) was treated as one. But Umar bin. Khattab (R.A.A) said: Verily the people have begun to hasten in the matter in which they are required to observe respite. So, if we had imposed this upon them, and he imposed it upon them]. Book 9, Number 3491.

NOTE: – Here, if a couple, after the first divorce, hasn’t re-united within the idda period, an irrevocable divorce would become established. They may, nevertheless, re-marry, with a fresh nikah. So, would they be entitled to, after the second divorce as well—either to re-unite before the expiration of the idda period or re-marry afresh after the lapse of idda-period. {re-union without nikah is available before the expiration of the idda period after all three divorces. The convenience of re-marrying after the lapse of third idda-period, however, would come to an END, and the compulsion of Tahleel-marriage would kick in. 

 

Divorce is of four kinds:  Ahsan, most laudableHasan, laudable, In-correct/irregular Bida’a and under duress Mukrah.

Talaq Ahsan–most laudable divorce–is where the husband repudiates his wife by making one pronouncement within the period of Tahr (purity–when the woman is neither menstruating nor having post-natal bleeding) and husband has not had sexual intercourse, and (after the utterance of “Talaq”) she is left to observe her ‘Idda waiting-period:-

Iddah. “Women who are divorced shall wait, keeping themselves apart, three (monthly) courses. (Q, 2:228).  And as for pregnant women, their term shall end with delivery. (65:4).   And those among you who die and leave behind wives, (these wives) should keep themselves waiting for four months and ten days” (Q, 2:234).

Talaq Hasan–laudable divorce–is where a husband repudiates an enjoyed-wife (having had intercourse with) by three sentences of divorce, in three Tuhrs

Talaq Bida’a—irregular or In-correct divorce–is where a husband repudiates his wife by three utterances of “Divorce” (talaq) in one go. According to the majority of the jurists, the Divorce, though valid, is against the spirit of the Shari’ah, therefore, the man following this course would be a deviator in the eyes of Allah (SWT).

Talaq Mukrah–under duress.

“There are three things in which, not only the serious worlds but nonserious words would also count serious. 1) Nikah 2) Divorce 3) Emancipation of a slave. 4) Re-uniting (raja’a), by revoking the divorce. [Narrated by Abu Dawood and Tirmazi—category—good]

According to Imam Abu Hanifa, Nakhai, Qatadah,  Zuhri, and Al Sha’bi, the application of this hadith is restricted to the divorce under duress/compulsion. [discounting the consideration of the will and the intention]

Imam Shafai’i, Imam Ali Ibn Talib and Ibn Abbas, however, contended otherwise by citing another hadith;

“Removed are, from my Ummah, the consequences of acts done by mistake, in forgetfulness and under duress” [ Narrated by Tabarani and Thawhan—category—authentic]

Imam Abu Hanifa is of the view that the “exculpation” as per this hadith pertains to the hereafter, not this world.

Should this premise be admitted, then in my humble view, the consideration of the will and the intention will inevitably become pertinent and integral! Moreover, the intent/purport of the earlier narration seems to have a deterring-undertone (against a casual attitude in serious matters) rather than injunctive, which will satisfy the conciliatory-requisite for the accommodation of both the narrations.  Famous Hadith: “Actions are judged by the intentions” clearly support the argument. (Allah knows the best).

 Divorce initiated by a Woman. (khula)

The right of a woman in demanding the dissolution of marriage is known as “Khula (meaning, the putting off or taking off of a thing). It is a kind of facility/right provided to the wife in securing “Divorce” Talaq from her husband by returning a part or full amount of the bridal gift.

Hadith. ‘A’isha (Allah be pleased with her) reported: When the Messenger of Allah (may peace be upon him) was commanded to give option to his wives, he started it from me saying: I am going to mention to you a matter which you should not (decide) in haste until you have consulted your parents. She said that he already knew that my parents would never allow me to seek separation from him She said: Then he said: Allah, the Exalted and Glorious, said: Prophet, say to thy wives: If you desire this world’s life and its adornment, then come, I will give you a provision and allow you to depart a goodly departing; and if you desire Allah and His Messenger and the abode of the Hereafter, then Allah has prepared for the doers of good among you a great reward She is reported to have said: About what should I consult my parents, for I desire Allah and His Messenger and the abode of the Hereafter? She (‘A’isha) said: Then all the wives of Allah’s Messenger (may peace be upon him) did as I had done. [Book 9, Number 3498]

 

A desire to re-uniteONLYafter the third and final Divorce (irrevocable—talaq bayyina al-kubra), would necessitate the process of “Halala” or “Tahleel-marriage”

 

One may contend why the woman has to suffer for the fault of the man?

The logical answer is that; a man being the head of the family, custodian of the honor and the dignity, of the family, clan, tribe, etc. would psychologically suffer the most. The woman on the other hand (depending on the ex-husband’s overall behavior/treatment), may or may not like the apparently grotesque process of reunification with her first-husband. However, in all fairness, the woman not only gets re-instated in her status, but she also gets an opportunity extended, to prudently compare and evaluate the present and the past situations. If she feels comfortable and content with the present situation, she may avail of this opportunity and stay put, for she, having been repudiated, was disrespected, dishonored and belittled by her former husband!

Had the man been subjected to go through the process instead, it would have been rather a boon to him; as he is already allowed to marry up to four women. Instead of deterring it would have, most likely, incentivized him for his callous behavior to repeat!

Allah (SWT), is best of the psychologists, therefore, He has ordained the redress jolting the psychological reflexes of the man to the core.

 

Moreover, the woman here neither has the control (over the divorce), nor the obligation to go back to her former husband!

The second husband is also under no moral or legal obligation to divorce. Anyone who does so deliberately; to facilitate the return of the woman to her first husband, has been “cursed” by the Prophet (PBUH)} [Tahleel-marriage in such a situation would become “haram” Invalid]

Women having been endowed with unique temperamental flexibility in terms of the marital relationship by Allah (SWT), therefore, may not take long to adjust in a new situation,

“And one of His signs is that He created mates for you from yourselves that you may find tranquility in them, and He put between you love and compassion; most surely there are signs in this for a people who reflect” [Q,30:21]

 

Divine injunctions, when analyzed from a secular or western frame of mind; often lacking the faith in the Divine will and wisdom, would neither make sense nor would lead to the right conclusion.

 

Comment/Feedback/ Like/Share/Follow.

Shakir2.wordpress.com

QAZA (DELAY) IN PRAYERS  

November 4, 2015

 

Some Muslim take delay in prayers very lightly. Other even procrastinate on purpose and finish other tasks before finally offering their prayers. Delay in any type of prayer whether it be Mandatory, Compulsory or Supererogatory is frowned upon. (With two exceptions explained later)*1

Fuqha (Islamic Jurists) have deduced from Surah 8, V-24 that prayers should be offered on time unless there is a valid excuse, which is translated as:-

“O Believers respond to Allah and to the Messenger when he calls you, to that which will give you life; and know that Allah (sometimes) stands between the man and his heart, and that you shall be mustered to Him”(God standing between man and his heart; apparently is an analogical expression that, He is watching keenly who is swift in responding to the call and who is not)

Delay in prayers is frowned upon and is reprehensible, “unless”, there is a legitimate and valid reason for not performing on due times. Another thing must also be understood very clearly, that despite (Fard) prayers being mandatory “on time” — is not part of this compulsion. There is a logical reason for it. (Explained later)*2

Surah Sad # 38, V 31- 33 lays down a test situation encountered by prophet Sulaiman (A.S) — in these words. “When swift hybrid horses were shown to him in the evening, (31) (while missing the ASAR prayer) he said I have preferred the good things of the world to the remembrance of my Lord, until they were taken out of sight behind the curtain (32) then he said Bring them back to me and fell to slashing with (his sword their) legs and necks” (33)

 

The event is explained in exegeses (tafaseer); that while he was inspecting swift and hybrid horses being prepared for forthcoming jihad, he got so engrossed patting them on their necks and shanks that he missed the Asar prayer. When he realized, he asked them to be brought back and ordered them to be sacrificed. (Few more events, taken from Islamic traditions and Ahadith, of attention-diversion during prayer and their amends)

 

Sahabi Abu Jahm (R.A) presented a throw over shawl to the prophet (PBUH) which had some design on it. Prophet used it once and then returned it, for he got distracted casting a glance at its design during prayer.

Sahabi Abu Talhah (R.A) while praying at his farm diverted his attention by looking at a bird. To make up for this diversion during the prayer he gave away the farm in Charity.

Famous Sufi Shibli (R.A) burnt his clothes as a self-imposed penalty.

Note: It is permissible to deprive oneself of some lawful things as a punishment for mending the aberrant self.  (“self” {nafs} control practice has been a common way of Prophets, Sahabah, Sufis & Saints).

These examples show the importance of undiluted attention and timely offering of the prayers.

Explanation *1

Zuhr Prayer

Abu Hurairah and Abu Dharr.(R.A) Narrate that during a journey Bilal (R.A) wanted to make a call to prayer (Adhan) but Prophet (PBUH) asked him to wait till it cools down. Therefore Zuhr Prayer may be delayed in similar circumstances (purely) to emulate Sunnah.

Isha Prayer

It is always better to offer it late when not in congregation. Tajajjud should be offered around 4 O.C. It is not only Sunnah but also suggested in Qura’an at different places. (Surah Mu’min 40, V-55—Seek forgiveness for your sins and proclaim the purity of Allah in the Afternoon and at Dawn).

Explanation*2

The offering of “only-Fard” prayers is mandatory and offering them on time is desired, preferable and reward worthy.   “ON TIME” however, is not mandatory as it is not always humanly possible to be precise about the timing of each prayer and in all conditions. Allah (SWT) has, therefore, granted this convenience so that His slaves would not be not committing sins all the times. (Due to delays) however, there has to be a legitimate reason—not–deliberate procrastination).

 

Explanation 3

Supererogatory (Sunnah & Nafil) should better be offered before/after the Mandatory prayers, but if missed for some reason, may be offered at other times but are not necessary compulsory or mandatory at all.  Not performing them would not entail any punishment).

 

Explanation 4

Compulsory (Vitar & Sunan Muakkada) is also not necessary to be offered once missed.

 Addendum:

Prayer can be offered as due on time (Ada 

Given the legitimate compulsions; one can perform Zuhr and Asar, Maghrib and Isha together. (even in reverse order) these would be Ada prayers as due on time. 

When you feel composed (at peace/contented), then keep up the prayer; surely the prayer has been a timed prescription (Literally: book) for the believers. (Q, 4:103) 

 

One can shorten/curtail either of the prayers in case of a time-related emergency, except Fajar, to 2 Rakah. (-Kasar/jama) 

If one gets overwhelmed by the urgency of circumstances, such as sleep, forgetfulness, duress etc. one should offer the missed prayer immediately or at the first available chance.  In this case, any of the above prayers offered will not be Qaza but Ada; As due on time. (H)  

One, if and when compelled/in danger, can offer the prayer even walking, riding an animal or a vehicle.  

“In an emergency, you may say your prayers while walking or riding” (Q, 2:239) 

Neglect or sin is committed when one is awake, in senses and free to act on his own volition. Not when sleeping, out of senses (mistaken due to wrong understanding) or under duress. 

Wasting/defaulting the prayer. 

In the exegeses of verse 19:59 exegetes have tried to stretch the words/views of several companions (without any acceptable authority or apparent logical reasoning) to fit their own, making the prayers performed after the time as wasted/lost. 

In my humble understanding, it contradicts the Sunnah and Hadith. Prophet mixed Zuhr and Asar, Maghrib and Isha; which discounts the above offered exegetical view. Quoted hereunder is an abridged Hadith also to highlight the point. 

Hadith narrated by Abu Mas’ud Ansari, quoted in Tirmazi. 

“A prayer is lost when “Aqamah/Qiyam”(standing upright) is not observed; before and after the “ruku’u” bowing down and “Sujda” prostration and sitting properly and adequately in between the “suju’ud” prostrations. Improper Ablution may also nullify one’s prayer.

Note:- Should there be any unintended misinterpretation or misrepresentation would be absolutely due to the neglect or inadequacy of the author of this piece. May Allah guide and forgive me for it.

shakir2.wordpress.com

 

 

God-Guarded sanctity of Qura’an

July 29, 2015

Qura'an

“Lo! Those who distort our revelations are not hid from us. Is he who is hurled into the fire better, or he who comes out secure on the day of resurrection? Do what you will. Lo! He is seer of what you do.     Say to them—for those who believe it is guidance and healing—-and for those who disbelieve, there is deafness in their ear and it is blindness for them. Such are (those who are) called to from afar” (customarily unable to comprehend)                                      (Surah Sajda 41, V 40 & 44)

In Qura’an and Hadith terminology the Arabic word used—ILHAD—means to deviate from the verse (meaning) of the Qura’an.  Lexically this word means –deviation, open denial, misinterpretation distortion in essence. (Particularly when apparently there exists an impression of belief–expressed or implied—but attributing self assumed misleading meaning—or the use of the meaning in irrelevant places; just to prove one’s point. (In contravention of the recognized and accepted meanings and use of the verse) It falls in the category of hypocritical Kufr. (infidelity)

Further is it declared that Qura’an is protected by God hence, is unassailable, God holds this book very dear and no falsehood can enter it. (V-41)     In Surah Hijr # 9 it is said “It is We, even We, who revealed the Qura’an and it is We, who will protect it”

A Reminder for the Deniers/disbelievers

July 23, 2015
“Kun Fayakun”
 
God is the one who created you from dust, then from a drop of semen, then from a clot, then He brings you out as an infant, then makes you grow to maturity, then you become old—(though) some of you die early—and reach an appointed term. So you may understand. He is the one who gives life and death, and when He decides to do something He says “Be” and it comes to “Be”
 
God is the one who made for you the earth a place to live, and the sky a roof, and fashioned you and perfected your shape and provided you with good things. Such is God, your Lord, So Glorious/Blessed, the Lord of the worlds.
 
God is the one who made for you the nights so that you may rest therein, and the day to let you see. Lo! God is Lord of Bounty for mankind, yet most of mankind give no thanks.
 
Your Lord has said “Call me, I will respond to you. Those who scorn worshipping me, they will enter Hell, disgraced.
 
This is said unto them “This is because you exulted in the earth without right and because you were petulant (irritable).  —Enter the Gates of Hell to live there forever. So how evil is the abode of the arrogant!!   (Surah Mumin # 40, & V – 67, 64, 61, 60,
shakir2.wordpress.com

To Paradise with Children.

April 12, 2015

Children are instinctively adored and desired. Their existence ensures eugenic reproductive cycle and its continuity. In certain cultures children are enormously important for they represent status, continuity of hierarchy and fertility of the couple. People in such cultures may go to any extreme to produce children. This kind of compulsive obsession is in contravention of normal behavior as well as religious ethicality. Having off springs is a basal function of all living beings but for human being, due to his status as “Crown of the Creation” and subjective to “retributive judgment” it becomes extremely consequential. It is like carrying a bare double edged sword; for they could turn out to be useful or hurtful. Well educated, well mannered, well placed are nothing but an asset and mercy for the parents, whereas socially unacceptable, unproductive, illiterate a source of shame and chastisement. Parent’s role is crucially deterministic for either of these situations. It is therefore, of utmost importance that they are socially and culturally acceptable in temporal world and amenable to the hereafter.

In normal circumstances Children’s “expediently beneficial status”, in the overall scheme of the world, may remain intact but their “necessarily beneficial status” would be marginalized if their excessive desire/love becomes a cause of distraction from or neglect of obligatory religious duties. It is said in Qura’an in Surah Anfal-8, V-28 & Surah Tagaabun (mutual disillusion) 64, V-15—“Beware! your wealth and your children are but a distraction/trial” Then in Surah Al-Kahaf 18, V-46 it is elucidated—“Wealth and Children are adornments of the life of this world” then it is further explained in Surah Aale-Imran 3, V- 185—“The comfort/wealth of this world is nothing but illusion” and then accentuated in SurahTawba 9, V-38—“Wealth of this world is but (of) little (value) in the hereafter” The underlying message therefore, is that though children are love of life but having them entail responsibilities and if not fulfilled  would render them of little value. Then again, to strike a balance between love and responsibility, in Surah Munafiquun (hypocrites) 64, V-9 an emphatic warning is given “O believers let not your passions and your children distract/divert you from God’s remembrance” (passions–for worldly allurements and children).

Necessarily beneficial.

Two Surahs quoted hereunder emphatically explain the notion of “Necessarily beneficial”. Surah Luqman 31, V-33 says- “and fear a day when no father will suffice his son and no son will suffice his father in the least” & in Surah Toor 52, V-21 it is said- “and those who believe and their seeds follow them in faith, we cause their seeds to join them-(in Paradise)-we deprive them not of their life’s work”

On Judgment day various modes of intercession would be operative. One of which is between parents and children. Surah Luqman 31, V- 33 refers to the situation where either the father or his progeny is not a believer. This mode of intercession, in such a case, would become inoperable and the acquisition of “Necessarily Beneficial” lost. The requirement for this privilege is the continuity of “faith” & “Blood line”.

“Necessarily Beneficial” status could best be described as (1) it gives one the access to Paradise despite lacking in his/her record of good deeds (2) it ensures the continuation of  “Faith” down the generational line (3) Allah does not want to deprive believers of their life’s work.

A subtle point deserving our attention, which could very well be appreciated by the people of understanding, is that Allah chose the word “Walad” for the first part of the verse and “Mawluud” for the second part. Most-probable reason is that “son” is a common noun and represents any son, whereas “mawluud” specifies the one borne out of the lion of a father in question. Cascading or opposite benefit of intercession would continue being available, as long as the blood line and faith continuity is maintained.

A “Son” may be entitled to temporal “Expediently Beneficial” status regardless of the requisites whereas “Necessarily Beneficial” status would only be available when above mentioned particular mode of intercession is operative meeting the requisites. It may be further clarified that the first beneficence is of universal/secular nature whereas the second one is of specific/religious nature.

Another even more subtle hint given, through this order of selection, most probably, is that:–Father’s (parents) love for his progeny, evidently, is more intense than that of the progeny’s for the parents. Therefore the possibility of bringing the benefit by a father to his son is proportionately more, than the son—who is born out of his lion. (Parent’s instinctively passionate love—a blessing for the progeny but cause of warning for them)

Note;-Curious minds might wonder, why Mother has been absent in this whole discourse? There are several probabilities 1- Mother, essentially being part and parcel of the family unit, is inevitably represented when Qura’an talks about father as a family-head. 2- Traditional family Lineage is represented by the father figure-head. 3- Intensity of Mother’s love sure surpasses that of father and progeny but hierarchal position preceded by the father is preserved without supersession for family-head and blood line reasons. 4) Similarly elation of mother’s status of “having paradise under her feet” is not allowed to be infringed by father’s family-head position. God Knows best.

(If there is any inadvertent shortcoming or misrepresentation, it is squarely mine, the author of this piece, earnestly seeking Allah’s guidance and forgiveness)

Why Muslims are Shari’a averse?

February 12, 2011

Shari’a Law is based on Qura’an, Hadith, and Sunnah ( the practices and verdicts of Prophet Mohammad-PBUH); which all Muslims, regardless of sect and persuasion, are supposed to follow. Despite its canonical status in Islamic theology, there is not a single Muslim Dominated state where it is practiced in its letter and spirit. Even Saudi Arabia, which is often, erroneously, presumed a Shari’a Law state, is severely deficient in its application.

The result is that out of 54 Muslim dominated, so called Islamic states, there is not a single Islamic state practicing the Islamic Laws in its entirety. In Islamic theology, unlike Christian doctrine, there is no concept of separation of religion and State. Some countries, such as Pakistan, are deceptively running two parallel judicial systems, to pacify/suppress the criticism of the conservative segments of the societies. This segment, for political compulsions, is often, slanderously dubbed as extremists Salafis or Wahabis. These groups, in the face of negative connotations, are generally very small and lacking a cohesive strategy for the propagation of their religious doctrines.

There is an elaborate history behind this strange aversion to Shari’a by Muslims. The love-hate situation of this Islamic legal code has weathered several phases.

After the death of Prophet Mohammad (PBUH), there was a blank or dark period of several hundred years. There was no work done on the collection or arrangement of the prophetic traditions (Ahadith). When it started: despite the best process employed: for sorting out the most reliable/authentic ahadith, the skepticism could not be obviated, especially among different sects of Islam, which had emerged in this period. Most of the religious division and sectarian problems stemmed from this period.

This lack of across the board acceptance of authentic Ahadith resulted in the weakening of the institution of shari’a. Ir-repairable damage was done by the division of Muslims in various sects; especially the Shia’a/Sunni; who opted to go with their own set of collection of Ahadith.

Another factor which halted the process of re-invigoration or the organic re-alignment of the religious norms (in the light of Hadith and Sunnah ) happened to be the suspension of Ijtihad (thoughtful intellectualization of the Islamic code of Law) until recently. (Though in Shi’a sect this process continued on a much smaller scale; since the Shi’a sect has always been very small in number)

A very potent propaganda against the Shari’a Law came from the Christendom. Upon deep analysis it transpires that the psychological trauma, suffered by the Christendom at the hands of Muslims, gave rise to a sense of religious and cultural inferiority; which culminated in this all out aggression against the Shari’a, the bedrock of Islamic system.

On the other hand, however, west came out of the slumber of dark-ages due to the Muslim’s splendor and enlightenment, which also challenged the core ethos of Christianity reducing them to fallacies. Muslim’s conquest of the Europe therefore, is being paid in kind.

The West, not only came up with various maligning, misleading propaganda techniques also, cunningly unsuspectingly dissuaded the Muslim elites from following the Shari’a Law.

Muslims failed, to counter these distortions from an intellectually mature standpoint, and resorted only to whining and complaining. They succumbed to these distortions due to their intellectual, educational, religious slumber, which had set in among the Muslims. Westerners, on the other hand, continued developing in educational, industrial and technological areas; which steeped Muslims further into the sense of inferiority complex. The reasons for this Muslim regressive mentality were many, few of which are elaborated below.

Morally bankrupt Muslims started taking refuge/pride in so-called modernized/westernized elitism. Devoid of piety and full of lust for worldly gains became their hallmark, It rendered them morally and spiritually weak, thus scared of harsh punishment meted out under Shari’a Law. The aversion to the Shari’a Law developed out of created fear.

Westernization, under the disguise of modernization, was adopted with regressive mentality and inferiority complex. This dark period, eras of dynastic courtships and blind loyalties; especially resulted in scuttling the organic progression of science, philosophy, ijtihad, religious and secular education. This un-naturally cultivated behavior, in contrast to natural egalitarianism, pushed the Muslims into inferiority complex and crisis of identity.

The emergence of Kamal Atta-Turk, Jamal Abdul Nasir, Mohammad Abdu and Sir Sayyed Ahmed Khan, on the Muslim Horizon, is the result of this regressive, inferiority complex ridden mentality. They immensely damaged the Muslim Nation. It created two classes of the followers; one is Modern, west educated, anti-Islamic in essence. other is: oppressed, deprived, economically left out but eager and willing to follow the Shari’a Law in letter and spirit. All the deprivations made him bold and religious enough to be a die-hard follower of Shari’a law, as the only way of salvation in this world and the hereafter. He made it his article of faith and hope.

The first one, maintains a social status in society, generally laced with secular education and well resourced, but often devoid of religious education. This so called Elite, Westernized/Modernized class exhibits avid reluctance, doubt, disregard, and in some instances outright rejection, of this Islamic Code of Law. This class looks down upon religious education and people despite being proud of calling themselves Muslim. A Crisis of Identity, double standard and hypocritical stance.

West has successfully created a parallel man-made code of justice, which is in stark contradiction and negation of Divine justice.

The distinction between the two codes is that the former is devoid of compassion. It seeks out the proof of fault to punish. The Divine justice, on the contrary, exhausts all possible means to give the benefit of the doubt to forgive and the punishment is rendered, as a last resort, in absolute situations when there is no shade of doubt left. For example, in the case of adultery, there is a mandatory requirement of four witnesses; which in normal circumstances is almost impossible to present. In the case of a killing, the litigation under Shari’a Law, is between the killer and the relatives of the victim. If the relatives of the victim forgive the killer there is no punishment awarded.

Under the Man-made Law, however even if the relatives of the victim forgives, the State will not absolve the killer of the crime and he/she would yet be punished. (That is probably why man-made Law is called Blind; since its application is mechanical instead of humane and compassionate)

The point here is that the propaganda of inhumane, harsh punishments rendered under the shari’a law is absolutely out of place and misleading. I will end this piece with one narrative. In the time of one of the four companions of Prophet Mohammad, someone was caught stealing and held liable for severance of one of his hands. The Punishment could not be carried out, as the ruler of the time (the companion of the Prophet) failed to provide the opportunities which would have prevented the compulsion of stealing. The ruler instead was held liable for the circumstances and the punishment was rescinded.

Blogshakir.shalimarinsurance.com
https://www.facebook.com/shakir.mumtaz
https://plus.google.com/100769830879257255101/posts
https://en.wikipedia.org/wiki/User:Shakirmwp
https://shakir2.wordpress.com/20…/…/10/disjunctive-sequel-2/

TRANSGENDERED-PEOPLE PUBLISHED. ACCESS MY BLOG.

LOOK FOR MY UPCOMING ARTICLE “MASTURBATION” & MANY MORE.

 

 

 

 

 

 

 

 

 

 

 

 

 


%d bloggers like this: