Queries
(Answered under the supervision of Shehzad Saleem)
Objections on Islamic Punishments
Question: I am in debate with a non-Muslim lady, who is a well read person. I need to clarify certain issues regarding Islamic punishments, in particular the punishment for fornication. The questions on which I require your answers are:
i. Does the Shari‘ah differentiate between an unmarried, married and a married person who commits adultery while awarding punishment.
ii. In case of a rape victim needing to provide four witnesses to prove her allegations against the rapist, is there any Ijtihad, which makes use of modern medical science (DNA test to confirm identification of the criminal) in absence of failure to produce witnesses?
iii. If no, (that is if the victim fails to prove that she was raped due to absence of such witnesses) would the victim of the rape be punished for qadhf (falsely accusing someone of fornication?
Answer:The issue of Islamicpunishments is a very critical one. There are many questions which arise on the interpretation of traditional scholars in this regard. A contemporary scholar, Mr. Javed Ahmad Ghamidi, after thorough research in the matter, opines that the traditional view is not acceptable owing to various reasons. His research has been published in detail in the Sep2002 issue of the journal. I will answer your question in the light of his findings.
The punishment of a fornicator, as prescribed in the Qur’anis a hundred lashes in public and a prohibition of marriage with a chaste person. This is mentioned in Surah Nur24:2. However, when a fornicator does not simply commit fornication rather forms a gang of rapists and sets the whole society in danger or when a woman not only commits fornication but opens a brothel and promotes and spreads lewdness in the society, the crime remains the same but its intensity is raised such that it isn’t against an individual but the whole society is targeted. Such crimes are classed by the Qur’anas Muharabah and Fasad Fi’l-ard(waging war against Allah and spreading anarchy in the land) for which the Holy Qur’anhas prescribed specific punishments. The Holy Qur’anhas ordered that these criminals should be executed in an exemplary manner, or crucified, or an opposite hand and feet should be amputated, or they should be exiled. These punishments are mentioned in Surah Ma’idahof the Holy Qur’an(5:33).
Now in the light of foregoing explanation the answers to your questions are as follows:
i. No such distinction is observed in the Islamic Shari‘ah. Some Muslim jurists believe that it does but the words of the Holy Qur’an don’t accept this interpretation. These jurists observed that the Prophet (sws) sometimes flogged the convict and sometimes him (or her) were stoned to death. They tried to reconcile the matter and came to the conclusion that when the convict was married the Prophet (sws) stoned him or her to death. This was because it was reported that in such cases the marital status of the criminal would be ascertained by the Prophet (sws). As pointed out above the basis of distinction in punishment was the intensity of the crime. Being married may make the crime grave in some instances. However, there may be several other reasons, some of which have been alluded above.
ii. The Shari‘ah has not devised any punishment for the victim. She deserves all sympathies and will be dealt as justice demands. The Holy Qur’an requires four witnesses in two specific cases only: When someone alleges that a pious person is guilty of fornication or to establish that some lady is a prostitute. As Ghamidi has pointed out in his referred to research, apart from the two cases described above, Islam does not prescribe the need of four witnesses to prove a crime. A crime can be proven through all the means that are available to us including the ones which today science has made possible for us. So when a raped woman approaches the court for justice she will be dealt with as a victim. She will be provided with protection and moral and legal support. Obviously, the basic purpose is to punish the guilty not the innocent victim herself.
iii. You have rightly observed that according to some jurists if a rape victim cannot prove her allegation, then she will be punished for qadhf. As stated in (ii), Islamic religious sources have not prescribed any punishment for the victim. It is only the understanding of some of the jurists.
You are requested please to go through the article I referred to in order to know what we think the Islamic guidance is this particular case.
(Tariq Hashmi)
Did Adam’s Children Intermarry?
Question: Please can you tell me how world population grew when Adam and Eve were a single couple and their children brothers and sisters. What does the Qur’an and religious literature have to say on this issue? Did the children marry one another then? Is this not weird?
Answer: The basic sources of divine origin don’t provide any information about the matter. The Holy Qur’an, reliable sayings of the Prophet (sws) and the Bible do not give any detail in this matter.
Obviously, the only possibility in this regard is the one you have pointed out. The progeny of Adam and Eve the first pair of human beings must have married one another.
As far as the legitimacy of marriage between siblings is concerned, it needs to be appreciated that the basic reason for prohibiting marriage with blood relations is to sanctify and protect the institution of family. Before the development and establishment of this institution the restriction of course could not have been enforced. It was only after this institution developed that the restriction of marriage between siblings seems to have been enforced.
(Tariq Hashmi)
Did Adam (sws) ask for Muhammad’s (sws) Intercession?
Question: Please clarify the following: Did Adam (sws) ask his forgiveness from Allah by using Prophet Mohammed (sws) as an intermediary (wasilah)?
Answer: The most authentic source regarding the question of what Adam (sws) said in his prayer is the Holy Qur’an. The incident of the creation of Adam and Eve has been dealt with in various places in the Holy Book. If we study the matter wherever it occurs in the Holy Qur’an it becomes very clear how Adam expressed his repentance and what he prayed at that time. The incident first occurs in Surah Baqarah where it is briefly mentioned:
So Adam learnt some words from his Lord. (2:37)
The verse does not tell what words the Almighty taught him to say in his prayer. In Surah A‘raf (7:22-3) it has been made clear what the Almighty did teach him in this regard:
So by deceit he betrayed them. When they tasted of the tree, their private parts became manifest to them and they began to cover their private parts with the leaves of the Garden. And their Lord called them: ‘Did I not forbid you that tree, and tell you that Satan was your avowed enemy?’ They said: ‘Our Lord! We have wronged our own souls: if you forgive us not and bestow not upon us your mercy, we shall certainly be lost’. (7:22-3)
I think there remains no need of further exploration on the issue. However, you have inquired about a certain point of view, according to which it was the name of the Prophet Muhammad (sws) which Adam (ws) presented as an interceder. None of the reliable books of A%hadithcontain this report. However, Tabari has given the viewpoint without citing the source or mentioning the names of the scholars who hold this view: 2:37. Therefore, the saying is not authentic in any degree and does not hold water after the explanation given by the Almighty Himself in the Holy Qur’an. What follows is the text of the narrative:
Interpreters have differed on the implication of the word ‘kalimat’. Ibn Abbas, Hasan, Sa‘id Ibn Jubayr, Dahhak and Mujahid said that it was as He said: ‘Our Lord! We have wronged our ownselves: if you forgive us not and bestow not upon us your mercy, we shall certainly be lost’. And Mujahid is also reported to have said [that it refers to]: ‘Oh our Lord! There is no god except you, my Lord; I wronged myself so forgive me. Indeed you are the most forgiving, the most merciful’. A group of scholars said: ‘He saw it written on the throne of the Almighty: Muhammad the Messenger of Allah” and he used his name for interceding and this is the meaning of the word ‘Kalimat’.
(Tariq Hashmi)
‘Umar(rta) and Intercession
Question: Did ‘Umar (rta) use Prophet Mohammed’s uncle ‘Abbas as an interceder (wasilah) to request rain from Allah after Prophet Mohammed (sws) had passed away?
Answer: Bukhari has reported in his Sahih that once ‘Umar (rta) asked ‘Abbas (rta) to pray to God for rain:
Anas(rta) narrates: whenever there was a drought, ‘Umar (rta) prayed for rain through ‘Abbas Ibn ‘Abdu’l Muttalib (rta). He [‘Umar] would say: ‘Oh My God Weused to ask you for rain through our Prophet (sws) and you would send rain, nowwe ask you for rain through his uncle. Please send showers on us’. Anas (rta) says that they would then they were bestowed with rain. (Bukhari No: 964)
In what follows is the wording of the prayer of ‘Abbas (rta):
He said: Oh Lord! No misfortune befalls except because of (our) sins and none is taken but through repentance. My people had turned to me because of my relation to your prophet (sws) so here are our hands spread before you marred with sins and our foreheads (bowing down) in repentance. So bless us with rain. [Fatulbari 964]
A study of these and other related information about the matter makes it clear that ‘Umar (rta) requested ‘Abbas (rta) to pray to God for rain. He did not use the Prophet (sws) or his uncle as an interceder. The position of ‘Abbas (rta) is analogical to the one of leader in prayer. Others forwarded him because of his position of respect being uncle of the Prophet (sws).
(Tariq Hashmi)
Is the Prophet Muhammad (sws) Omnipresent?
Question: Some people say that we should send ‘salam’ on the Prophet Muhammad (sws) after the Friday prayer because he can hear us and also replies. Is this practice allowed? Please clarify.
Answer: The belief that the Prophet (sws) is omnipresent is alien to Muslims beliefs. The Holy Qur’an and the teachings of the Prophet (sws) have made it clear that the attributes: ‘omnipresent’ and ‘omniscient’ are exclusive for Allah.
As per the Qur’an (33:56), we are no doubt required to pay due respect to the Prophet Muhammad (sws) by praying for him and sending blessings upon him but this does not at all mean that he hears them or responds to them. The Prophets of Allah are like all human beings in this matter: once they die no contact can be made with them in any way. Similarly, they are also not able to contact any living person.
(Tariq Hashmi)
Offering Religious Rituals with a Tattooed Body
Question: I am a Muslim living in the US and few years back I was not on the right track and sinned and also got two tattoos. Does this mean now my prayers do not count or that my fasts during the Ramadan will not be accepted. However my main concern is that I want to perform Umrah and Hajj and the tattoos on my arm other on my back they would not be concealed.
Answer: Your consciousness about religion is commendable. As far as tattoos are concerned, it is better if you are able to do away with them. However, if you are not able to there is no need to fret over them. Your prayers and fasts would hopefully be counted because before God it is the sincerity of heart and mind that counts more than any other thing.
True repentance of a person spiritually cleanses him. Just as water physically cleans a person, repentance wipes out all sins and wrongs.
(Siddiq Bukhary)
God of Love or the God of War
Question: As a devout Christian, I do not pose my question as ‘proof’ that Islam is false. I pose it to encourage discussion so that the truth be known. The Bible says that God is love (1 John 4:16) and that He loves all people (Matt. 5:43-48; John 3:16). The Qur’an never says that ‘God is love’. In fact, the Qur’an says that Allah does not love the unbelievers (2:98; 3:32) and at various places says that Allah is full of wrath for them and also causes war and bloodshed.
Answer: I do agree with you when you say that the quest for truth must continue, and so followers of various religions should engage in positive dialogue with one another. I do believe that salvation does not come within the purview of the so-called ‘nomenclature’; rather, it will be for those who will meet their God after a sincere journey of seeking the truth and doing right. And who are sincere in their quest, God knows best.
Anyhow, as I understand, the gist of your query is that God is love and mankind has been bestowed with this love in the guise of Jesus (sws). And, for definite salvation we must have faith in the great sacrifice of God in flesh. Because, He is, Who loves all mankind without any distinction.
Dear Brother, Do you want to say that your God equally loves the sincere and the cunning, the innocent and the wicked, the noble and the cruel, the pious and the rogue, the murderer and the meritorious, the believer and the non-believer? I am afraid, this is not the true side of the picture. You find in the Qur’an – the latest version of God’s message – that God does not love the non-believers. This should neither be a surprise nor be treated as strange, because the previous versions of God’s message, including the Bible contain the same words. And the authenticity of all such transmissions lies in the fact that God is One Who shall administer justice in its absolute form. My brother, when each and every person will stand before the Almighty with a complete and all-encompassing, exhaustive record of his deeds, how can one perceive equal treatment for all?
Here, I would like to quote some passages from the Bible in support of my humble premise, and you will appreciate that Jesus (sws) himself had claimed that he had not come to revoke the Old testament but to complete it.
If you ever forget the Lord your God and follow other gods and worship and bow down to them, I testify against you today that you will surely be destroyed. Like the nations the Lord destroyed before you, so you will be destroyed for not obeying the Lord your God. (Deuteronomy, 8:19-20)
If a man or woman living among you in one of the towns the Lord gives you is found doing evil in the eyes of the Lord your God in violation of his covenant, and contrary to my command has worshipped other gods, bowing down to them or to the sun or the moon or the stars of the sky, and this has been brought to your attention, then you must investigate it thoroughly. If it is true and it has been proved that this detestable thing has been done in Israel, take the man or woman who has done this evil deed to your city gate and stone that person to death. (Deuteronomy 17:2-5)
Now there were some present at that time who told Jesus about the Galileans whose blood pilate had mixed with their sacrifices.
Jesus answered Do you think that these Galileans were worse sinners than all the other Galileans because they suffered this way? I tell you, no But unless you repent, you too will perish. (Luke, 13:1-4)
Perhaps the correct view in this regard is that the Almighty is just and equitable in all circumstances. Love and war are two manifestations of His justice.
(Siddiq Bukhary)
Why are Muslims not United?
Question: Why are Muslims not united? Why do they submit to non-Muslims? Is it that Muslims are bought?
Answer: This state of affairs isnothing but the outcome of our weakness. Power always rules and leads the world, and you would agree that it has its own psychology. Those in authority seek to maintain the status quo, by hook or by crook.
Muslims today, you would know very well, obviously lack the required power. Its attainment demands strenuous efforts and an urge to go ahead. It also demands sacrifice in the shape of time. We are not ready to pay the requisite cost; rather, we want the fruits without plowing the field and sowing the seed. Anyhow, power, I think can be gained through knowledge, science and technology. In this direction, the first step, which we will have to take, is the reformation of our concepts – both religious and scientific. Moreover, we have to tell ourselves that we are a part of the same universe, which has been planned on the principle of hard work and strife. Being Muslim is no argument towards claiming special privilege. The rules of this universe are applicable to us in the same degree as they are to other nations.
The differences among ourselves are also due to a host of factors including lack of proper knowledge and guidance, ignorance and vested interests. One should decide what one can do – in what degree – in order to eliminate and curb the said diseases. Thereafter, one should progress towards the right direction. And then, trust in God will solve the problems, insha’ Allah. However, even if no encouraging results befall us, we should be satisfied with the thought that we did our duty. Man can, and should, only do what is in his control, the rest is for Allah to decide, for He knows best.
(Siddiq Bukhary)
Dreams and Spirits
Question: My mother dreamt a few days before that my father who died in 2000 was very sick telling her to distribute the meat of a goat costing less than five thousand among the poor. I also dreamed of my father telling me to go to the mosque for offering the prayer. My questions are: ‘What is the Shari‘ah ruling on dreams? What is the state of the spirit while we are asleep? Can the spirit of the deceased contact their living near relatives and request or instruct anything? I am anxious to know about this. Please help me and pray for my correct understanding of Islam.
Answer: One sentence answer to the question is that the Shari‘ah is silent on matters related to what a person sees in a dream. However, in order to elaborate on the issue, I will try to present some details.
It is known from the Qur’an that dreams and visions were one of the means through which Allah would reveal His will to His Messengers. The dream of the Prophet Abraham (sws) about sacrificing his son for Allah’s sake (37:102) and the dream of the Prophet Muhammad (sws) about the battle of Badr (8:43) bear witness to this fact. But as far the as the dreams of other people are concerned, we find nothing in the Qur’an to substantiate if what a person sees in his dreams is actually from the Almighty. This, however, does not suggest that what a person watches in his dream will not come true at all. The narratives recorded in the Qur’an about the Prophet Joseph (sws) who interpreted the dreams of his fellow prisoners and of the Pharaoh and how those dreams simultaneously came true show that they do sometimes have a reality behind them. The point that must be borne in mind is that while dreams of Allah’s Messengers were an absolutely reliable means for knowing the will of the Almighty, since they were saved from the influences of Satan and His accomplices, our dreams can have no religious bearing whatsoever upon us because of our susceptibility to Satanic influences. In this regard, the guidance provided by the Prophet must be kept in mind:
The Prophet said: ‘If anyone of you sees a dream that he likes, then it is from Allah, and he should thank Allah for it and narrate it to others; but if he sees something else, a dream that he dislikes, then it is from Satan, and he should seek refuge with Allah from its evil, and he should not mention it to anybody, for it will not harm him. (Bukhari, 9.114)
Like thanking Allah for every blessing, the Prophet (sws) wants his followers to be grateful for having a good dream. But nowhere has he established for his followers to comply with what they may see in a dream. Consequently, it can safely be concluded that dreams have no religious bearing upon us no matter what.
As far as the question regarding the status of the spirit while a person is sleeping is concerned, it must be understood keeping in view the stance of the Qur’an in this respect as well as practical experience. The Qur’an mentions that Allah takes the souls of those who fall asleep and then return to them when they wake up provided their period of life has still not expired:
It is Allah that takes the souls [of men] at death and those that die not [He takes] during their sleep: those on whom He has passed the decree of death He keeps back [from returning to life] but the rest He sends [to their bodies] for a term appointed. Indeedin this are signs for those who reflect. (39:42)
We also know from practical experience that the soul of a person does stay with him while sleeping. Had the soul been taken out literally from a person’s body, he would not be able to dream or move his body or inhale or breath. Sometimes, we even hear people talk on an issue during our sleep and start to dream about the topic under discussion. Thus, the conclusion is that God does take control of our souls when we are asleep but the true nature of this ‘taking control’ is from among the matters that are humanly not possible to figure out. The Qur’an (3:2) terms them as Mutashabihat.
The answer to your last question is in the negative. The Qur’an explains that when a person dies, his soul is placed beyond the barrier of Barzakh where it shall stay till the Day of Judgment.
Before them is a Partition (Barzakh) till the Day they are raised up. (23:100)
Hence, there is no way that any deceased could contact his relatives in this world.
(Jhangeer Hanif)
Fasts Missed during Menstruation
Question: How should we make up for the fasts left due to menstruation? Is it obligatory to observe them later, and when?
Answer: Fasting is a worship that Allah has made obligatory in order to make us pious. It is a once in a year opportunity and therefore, Allah has made the Ramadan fasts compulsory on men as well as women. Having to leave these fasts due to menstruation should, in no way, be interpreted as a loss of bounties that could have been obtained. Women are required to make up for those fasts after the month of Ramadan. This should make them feel that they are not missing any part of that worship which ought to help them become pious.
One can ask why this rule is not the same for the prayer? The answer is very simple. Allah does not want to make His religion difficult for anyone. It is very easy to understand how difficult it would be to offer about thirty to fifty prayers each month, in addition to the five daily prayers.
You can keep the fasts that are left because of your menstruation whenever it is easy for you, but it is better to keep them as early as possible. At least, you should try your best to do this job before the start of the next Ramadan.
(Muhammad Ibraheem / Saadia Malik)
Treating Parents
Question: My non-Muslim mother is very uncomfortable with the stance of Islam on women. I want your help in satisfying her.Simultaneously, I want to address another almost larger concern with her, one that embarrasses me. My family life growing up was very poor. Inheriting generations of abuse, my father was an incredibly mean and abusive person - towards my mother, older brother and myself. My mother, in turn, was incredibly abusive towards me exclusively. I left home at an early age (16 years), finished school and university, made my way in the world with many errors, but ultimately found my husband, married and became Muslim, alhamdulillah. The relationship with both parents has been repaired to where I visit and correspond as though nothing wrong had ever occurred in the past (they are now divorced). However, I lie to myself because I still have great anger towards my mom exclusively. Strangely, I feel absolutely no resentment towards my father. I've completely forgiven him. Please help me. I want my heart to be pure and washed from the past – yet, it won’t let go.
Answer: Some things, it seems, are best left in the past. The fact that your mother mistreated you and did not raise you in the ideal manner, may be a product of her own circumstances and difficulties. Many a time, we end up venting our frustrations on people who never made us miserable in the first place. In this case, you were the victim. Although, the weakness displayed by your mother is something that she and every one of us must learn to fight and rectify, if you do not see her apologizing or feeling sorry for all that cannot now be undone, it would not help matters if you were to tell her that you still hold a grudge against her.
In my opinion, the sensible way to go about it would be for you to keep reminding yourself how your Allah requires of you to remain kind and considerate to your parents under all circumstances. Returning evil with good and harshness with mildness, can win over the worst of one’s enemies. And she, after all, is your mother. Also, since she must already be in her old age or approaching it, you should make the best effort not to let her be alone. The best way to win her over is to let her realize on her own that her misgivings are not being returned an eye for an eye. The process can be painful and slow, but worth the effort. Secondly, if she feels antagonistic towards Islam for peculiar reasons, her reservations must be addressed carefully and in a subtle manner. You must look for the right moments to convey to her how your religion makes you a more secure, happy and confident lady. For example, taking over your husband to meet with her, would be a good idea. In the course of these meetings, who better than the ‘husband’ to stress how Islam has made him respect his ‘wife’, and so on. This is just one recommendation. Carefully looking into other possible scenarios that can win over your mother’s trust and change her false impressions about Islam can help ‘de-mystify’ the subject of Islam with your mother.
In the end, just keep reminding yourself of Allah’s words from the Qur’an, enjoining good treatment of parents (see 2:83, 6:151, 31:14-15). Reciting them over and over again, and reflecting upon the divine directives will help heal your heart. Pray to Allah and put your trust in Him. God willing, your own children will discover what a wonderful mother God chose for them.
(Saadia Malik)
Eight Oceans of the Qur’an
Question: Is the reference to the eight oceans in Surah Luqman (31:27) literal? What seas does ‘..and the ocean, with seven more seas to help it’ refer to?
Answer: The verse reads thus:
And if all the trees on earth were pens and the oceans [were ink], with seven oceans behind it to add to its [supply], yet would not the words of Allah be exhausted [in the writing]. For Allah is Exalted in power, full of wisdom. (31:27)
A similar reference to Allah’s blessings is made in Surah Kahaf:
Say: ‘If the ocean were ink [wherewith to write out], the words of my Lord, sooner would the ocean be exhausted than would the words of my Lord, even if we added another ocean like it, for its aid’. (18:109)
Thus, the significance of ‘adding another ocean’ is primarily to stress on the bountiful providence of God Almighty. Man can reach the peaks of snowy mountains, he can explore the wonders of the oceans, he can study the depth of the earth, but he can never discover enough of God’s creations and His blessings. If the ocean were taken as ink, it would not provide enough to even calculate the bounties within that very ocean. Thus, if we set off to count our Lord’s blessings, we would keep adding to the list, but there would never be an end. Having what limited resources man has at his disposal, he can only acknowledge a fraction of what he has been bestowed with. Even the natural resources such as oceans do not have enough to accommodate the infinitesimal signs of Allah.
(Saadia Malik)
Friday as Holiday
Question: Every now and then the weekly holiday issue in Pakistan comes up. My questions are: Why is it Islamically important to have a holiday on Friday? Surah Jumu‘ah also tells us to spread to find the ‘bounty’ after the Jumu‘ah prayer. Which social and economical factors support the opinion for having holiday as Friday? What is main disadvantage or loss if there is of a weekly holiday on Sunday?
Answer: The issue of a weekly holiday has unfortunately assumed too much importance. Our religious clergy insist that Friday should be declared a weekly holiday. In this regard, what needs to be appreciated is that the Shari ‘ah is absolutely silent on this issue. It has left the matter of weekly holiday on the discretion of human beings.
The important thing for a Muslim to realize is that even in the regular five daily prayers, the assigned times have special significance, and they are not just coincidental. For Fajr, one is supposed to wake up from sleep in order to praise and thank His Lord for blessing him with the opportunities of another day, and thus, starting his day with the name of Allah. The time of Zuhr coincides with the time for afternoon naps for some or parting from professional obligations for others, as does ‘Asr. Maghrib marks the setting of the sun, when darkness prevails over the skies, and again, remembrance of Allah is essential to realize the wisdombehind changing of days and nights. The ‘Isha prayer, then again, calls upon the believer to return to Allah before finally heading for sleep.
The point to dwell on is that Allah does not require His people to leave aside all worldly affairs and indulgences throughout the day. It is just the prescribed times at which He expects us to remember Him through the ritualistic salah. Same is the case for Jumu‘ah prayers – the difference being the obligation of offering these prayers in congregation. As Allah says, that is best for you, if ye but knew! One very important benefit is the stress laid on the importance of good relations among Muslims, in the larger interest of the community.
Aside from the above-mentioned, it is up to the state to decide whether it supports a holiday on Fridays or not. The institutions set-up for making socio-economic decisions are best equipped to gauge the advantages and disadvantages resting with each opinion. As long as Islamic ideals are not sacrificed, and the sanctity of Jumu‘ah prayers is maintained, one cannot complain on religious grounds, to the best of my knowledge. In Pakistan, the idea of observing a holiday on Sundays instead of Fridays was to facilitate trade relations with Western countries, all of which operate fully on Fridays.
(Saadia Malik)